[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Unknown Section]
[Pages 9261-9276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4370]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031125292-4061-02; I.D. 111703E]


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Final 2004 Harvest Specifications for Groundfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final 2004 harvest specifications for groundfish and associated 
management measures; closures.

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SUMMARY: NMFS announces final 2004 harvest specifications for 
groundfish, reserves and apportionments thereof, halibut prohibited 
species catch (PSC) limits, and associated management measures for the 
groundfish fishery of the Gulf of Alaska (GOA). This action is 
necessary to establish harvest limits and associated management 
measures for groundfish during the 2004 fishing year and to accomplish 
the goals and objectives of the Fishery Management Plan for Groundfish 
Fishery of the GOA (FMP). The intended effect of this action is to 
conserve and manage the groundfish resources in the GOA in accordance 
with the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act).

DATES: The final 2004 harvest specifications and associated management 
measures are effective at 1200 hrs, Alaska local time (A.l.t.), 
February 27, 2004 through 2400 hrs, A.l.t, December 31, 2004.

ADDRESSES: Copies of the Final Environmental Assessment (EA) and Final 
Regulatory Flexibility Analysis (FRFA) prepared for this action and the 
Final 2003 Stock Assessment and Fishery Evaluation (SAFE) report, dated 
November 2003, are available from the North Pacific Fishery Management 
Council, West 4th Avenue, Suite 306, Anchorage, AK 99510 (907-271-2809) 
or from its homepage at http://www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT: Tom Pearson, 907-481-1780 or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the groundfish fisheries in the exclusive economic 
zone (EEZ) of the GOA under the FMP. The North Pacific Fishery 
Management Council (Council) prepared the FMP under the authority of 
the Magnuson-Stevens Act, 16 U.S.C. 1801, et seq. Regulations governing 
U.S. fisheries and implementing the FMP appear at 50 CFR parts 600 and 
679.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species and for the ``other species'' 
category, the sum of which must be within the optimum yield (OY) range 
of 116,000 to 800,000 metric tons (mt) (see Sec.  679.20(a)(1)(ii)). 
Regulations at Sec.  679.20(c)(3)(i) further require NMFS to publish 
annually the final annual TACs, halibut PSC amounts, and seasonal 
allowances of pollock and inshore/offshore Pacific cod. The final 
specifications set forth in Tables 1 to 11 of this document satisfy 
these requirements. For 2004, the sum of the TAC amounts is 264,433 mt.
    The proposed GOA groundfish specifications and Pacific halibut PSC 
allowances for the groundfish fishery of the GOA were published in the 
Federal Register on December 5, 2003 (68 FR 68002). Comments were 
invited and accepted through January 5, 2004. NMFS received one letter 
of comment

[[Page 9262]]

on the proposed specifications. This letter of comment is summarized 
and responded to in the ``Response to Comments'' section of this 
action. NMFS consulted with the Council during the December 2003 
Council meeting in Anchorage, AK. After considering public comments 
received, as well as biological and economic data that were available 
at the Council's December 2003 meeting, NMFS is implementing the final 
2004 groundfish specifications as recommended by the Council.
    Regulations at Sec.  679.20(c)(2)(i) establish interim amounts of 
each proposed TAC and allocations thereof, and proposed PSC allowances 
established under Sec.  679.21 that become available at 0001 hours, 
A.l.t., January 1, and remain available until superceded by the final 
specifications. NMFS published the interim 2004 groundfish harvest 
specifications in the Federal Register on December 5, 2003 (68 FR 
67964). The final 2004 groundfish harvest specifications, 
apportionments, and halibut PSC allowances contained in this action 
supercede the interim 2004 groundfish harvest specifications.

Acceptable Biological Catch (ABC) and TAC Specifications

    The final ABC levels are based on the best available scientific 
information, including projected biomass trends, information on assumed 
distribution of stock biomass, and revised methods used to calculate 
stock biomass. The FMP specifies the formulas, or tiers, to be used in 
computing ABCs and overfishing levels (OFLs). The formulas applicable 
to a particular stock or stock complex are determined by the level of 
reliable information available to fisheries scientists. This 
information is categorized into a successive series of six tiers with 
tier one representing the highest level of information and tier six the 
lowest level of information.
    The Council, its Advisory Panel (AP), and its Scientific and 
Statistical Committee (SSC) reviewed the current biological information 
about the condition of GOA groundfish stocks in December 2003. This 
information was compiled by the Council's GOA Plan Team and was 
presented in the final 2003 SAFE report for the GOA groundfish 
fisheries, dated November 2003.
    The SAFE report contains a review of the latest scientific analyses 
and estimates of each species' biomass and other biological parameters, 
as well as summaries of the available information on the GOA ecosystem 
and the economic condition of groundfish fisheries off Alaska. From 
these data and analyses, the Plan Team estimates an ABC for each 
species or species category.
    The SSC, AP, and Council adopted the Plan Team's ABC 
recommendations for all groundfish species categories except for 
shortraker/rougheye rockfish. For shortraker/rougheye rockfish, the SSC 
recommended decreasing the ABC from the Plan Team's recommendation. The 
SSC based its recommended ABC on the recent average catch of shortraker 
rockfish in this species group. Shortraker rockfish has been harvested 
in disproportionately high amounts relative to the biomass estimates of 
shortraker/rougheye rockfish. The SSC believes that the ABC for 
shortraker/rougheye rockfish should be decreased in order to prevent 
the overharvest of shortraker rockfish, which is preferentially 
targeted to rougheye rockfish in the groundfish fisheries. The AP 
endorsed the ABC for shortraker/rougheye rockfish recommended by the 
SSC, and the Council adopted the ABC. For all species, the AP endorsed 
the ABCs recommended by the SSC, and the Council adopted them. The 
final ABCs, as adopted by the Council are listed in Table 1.
    As in 2003, the SSC's, AP's and Council's recommendation for the 
method of apportioning the sablefish ABC among management areas 
includes commercial fishery data as well as survey data. NMFS stock 
assessment scientists believe that the use of unbiased commercial 
fishery data reflecting catch-per-unit effort provides a desirable 
input for stock distribution assessments. The use of commercial fishery 
data will be evaluated annually to ensure that unbiased information is 
included in stock distribution models. The Council's recommendation for 
sablefish area apportionments also takes into account the prohibition 
on the use of trawl gear in the Southeast Outside (SEO) District of the 
Eastern GOA and makes available 5 percent of the combined Eastern GOA 
ABCs to trawl gear for use as incidental catch in other directed 
groundfish fisheries in the West Yakutat District (see Sec.  
679.20(a)(4)(i)).
    The AP and Council recommended that the ABC for Pacific cod in the 
GOA be apportioned among regulatory areas based on the three most 
recent NMFS summer trawl surveys. As in previous years, the Plan Team, 
SSC, and Council recommended that total removals of Pacific cod from 
the GOA not exceed ABC recommendations. Accordingly, the AP and Council 
recommended that the TACs be adjusted downward from the ABCs by amounts 
equal to the 2004 guideline harvest levels (GHL) established for 
Pacific cod by the State of Alaska (State) for fisheries that occur in 
State waters in the GOA. The effect of the State's GHL on the Pacific 
cod TAC is discussed in greater detail below.
    In October 2003, the Council took final action on Amendment 63 to 
the FMP. The Council has submitted Amendment 63 to the Secretary of 
Commerce for approval. If approved, Amendment 63 would move skates from 
the ``other species'' group to the ``target species'' group in the FMP. 
By listing skates as a target species, the fishery for skates in the 
GOA can be managed to reduce the potential for overfishing skates. NMFS 
published a Notice of Availability for Amendment 63 (68 FR 67390, 
December 2, 2003) inviting public comment through February 2, 2004. In 
December 2003, the Council made specific recommendations for the 
management of skates in the 2004 fishing year in the GOA, pending 
approval of Amendment 63 by the Secretary. These recommendations 
included OFL, ABC, and TAC levels for skates by target and management 
area in the GOA. NMFS will publish in the Federal Register proposed and 
final rules, pending approval of Amendment 63, that would amend these 
harvest specifications and provide management measures for the skate 
fishery in 2004.
    The final TAC recommendations were based on the ABCs as adjusted 
for other biological and socioeconomic considerations, including 
maintaining the total TAC within the required OY range of 116,000 to 
800,000 mt. The Council adopted the AP's TAC recommendations. None of 
the Council's recommended TACs for 2004 exceeds the final ABC for any 
species category. NMFS finds that the recommended ABCs and TACs are 
consistent with the biological condition of the groundfish stocks as 
described in the 2003 SAFE report and approved by the Council.
    Table 1 lists the final 2004 OFL, ABC, TAC, and area apportionments 
of groundfish in the GOA. The sum of 2004 ABCs for all assessed 
groundfish is 498,948 mt, which is higher than the 2003 ABC total of 
416,600 mt. The apportionment of TAC amounts among gear types, 
processing sectors, and seasons is discussed below.

Specification and Apportionment of TAC Amounts

    The Council adopted the AP's proposals for the 2004 GOA TAC 
amounts. The Council recommended TACs that are equal to ABCs for 
pollock, deep-water flatfish, rex sole, sablefish, shortraker/rougheye 
rockfish, northern

[[Page 9263]]

rockfish, Pacific ocean perch, pelagic shelf rockfish, thornyhead 
rockfish, demersal shelf rockfish, and Atka mackerel. The Council 
recommended TACs that are less than the ABC for Pacific cod, flathead 
sole, shallow-water flatfish, arrowtooth flounder, and other rockfish.
    The apportionment of annual pollock TAC reflects the seasonal 
biomass distribution and is discussed in greater detail below. The 
annual TAC in the Western and Central Regulatory Areas of the GOA is 
apportioned among Statistical Areas 610, 620, and 630 as well as 
equally among each of the following four seasons: the A season (January 
20 through February 25), the B season (March 10 through May 31), the C 
season (August 25 through September 15), and the D season (October 1 
through November 1) (see Sec. Sec.  679.23(d)(2)(i) through (iv) and 
679.20(a)(5)(iii)(B)).
    The 2004 Pacific cod TAC is affected by the State's developing 
fishery for Pacific cod in State waters in the Central and Western 
Regulatory Areas in the GOA, as well as Prince William Sound (PWS). The 
SSC, AP, and Council recommended that the sum of all State and Federal 
water Pacific cod removals should not exceed the ABC. Accordingly, the 
Council recommended that Pacific cod TAC be reduced from ABC levels to 
account for State GHLs in each regulatory area of the GOA. Respective 
TACs, therefore, are reduced from ABCs as follows: (1) Eastern GOA 440 
mt, (2) Central Regulatory Area 8,684 mt, and (3) Western Regulatory 
Area 5,653 mt. These amounts reflect the sum of the State's 2004 GHLs 
in these areas which are 10 percent, 24.25 percent, and 25 percent of 
the Eastern, Central, and Western Regulatory Area ABCs, respectively. 
Compared to 2003, the State's GHL for Pacific cod is decreased in 2004 
to 10 percent from 25 percent of the Eastern Regulatory Area ABC, 
increased in 2004 to 24.25 percent from 21.75 percent of the Central 
Regulatory Area ABC and, unchanged at 25 percent of the Western 
Regulatory Area ABC.
    NMFS is also establishing seasonal apportionments of the annual 
Pacific cod TAC in the Western and Central Regulatory Areas. Sixty 
percent of the annual TAC is apportioned to the A season for hook-and-
line, pot and jig gear from January 1 through June 10, and for trawl 
gear from January 20 through June 10. Forty percent of the annual TAC 
is apportioned to the B season for hook-and-line, pot and jig gear from 
September 1 through December 31, and for trawl gear from September 1 
through November 1 (see Sec.  679.23(d)(3) and Sec.  679.20(a)(11)). 
These seasonal apportionments of the annual Pacific cod TAC are 
discussed in greater detail below.
    The FMP specifies that the amount for the ``other species'' 
category is calculated as 5 percent of the combined TAC amounts for 
target species. The 2004 GOA-wide ``other species'' TAC is 12,592 mt, 
which is 5 percent of the sum of the combined TAC amounts (251,841 mt) 
for the assessed target species. The sum of the TACs for all GOA 
groundfish is 264,433 mt, which is within the OY range specified by the 
FMP. The sum of the 2004 TACs is higher than the 2003 TAC sum of 
236,400 mt.
    NMFS finds that the Council's recommendations for OFL, ABC, and TAC 
amounts are consistent with the biological condition of groundfish 
stocks as adjusted for other biological and socioeconomic 
considerations, including maintaining the total TAC within the required 
OY range of 116,000 to 800,000 mt. NMFS has reviewed the Council's 
recommended TAC specifications and apportionments and hereby approves 
these specifications under Sec.  679.20(c)(3)(ii). The final 2004 ABCs, 
TACs, and OFLs are shown in Table 1.

Changes From the Proposed 2004 Harvest Specifications in the GOA

    In October 2003 the Council's recommendations for the proposed 2004 
harvest specifications (68 FR 68002, December 5, 2003) were based 
largely upon information contained in the final 2002 SAFE report for 
the GOA groundfish fisheries, dated November 2002. The Council 
recommended that OFLs and ABCs for stocks in tiers 3 and above, except 
for pollock, be based on biomass projections as set forth in the 2002 
SAFE report and estimates of groundfish harvests through the 2003 
fishing year. For stocks in tiers 4 and below, for which projections 
could not be made, the Council recommended that OFL and ABC levels be 
unchanged from 2003 until the final 2003 SAFE report could be 
completed. The final 2003 SAFE report (dated November 2003), which was 
not available when the Council made its recommendations in October 
2003, contains the best and most recent scientific information on the 
condition of the groundfish stocks and was considered in December by 
the Council in making its recommendations for the final 2004 harvest 
specifications. Based on the final 2003 SAFE report, the sum of the 
2004 recommended final TACs for the GOA (264,433 mt) is 36,636 mt more 
than the proposed sum of TACs (227,797 mt), representing a 16 percent 
increase overall. The largest increases occurred for pollock, from 
54,350 mt to 71,260 mt (31 percent increase); sablefish, from 11,400 mt 
to 16,550 (45 percent increase); and Pacific cod, from 36,809 mt to 
48,033 mt (30 percent increase). The largest decreases occurred for 
other slope rockfish, from 990 mt to 670 mt (32 percent decrease); 
pelagic shelf rockfish, from 5,490 mt to 4,470 mt (19 percent 
decrease); and shortraker/rougheye, from 1,620 mt to 1,318 mt (19 
percent decrease). Other increases or decreases are within these 
ranges. The 2004 final TAC recommendations for the GOA are within the 
OY range established for the GOA and do not exceed ABCs for any single 
species/complexes. Compared to the proposed 2004 harvest 
specifications, the Council's final 2004 TAC recommendations increase 
fishing opportunities for species for which the Council had sufficient 
information to raise TAC levels, most notably, pollock, Pacific cod and 
sablefish, while providing greater protection for several species, most 
notably rockfish, by lowering TAC levels. The changes recommended by 
the Council were based on the best scientific information available, 
consistent with National Standard 2 of the Magnuson-Stevens Act, and 
within a reasonable range of variation from the proposed TAC 
recommendations.

Table 1.--Final 2004 ABCs, TACs, and Overfishing Levels of Groundfish for the Western/Central/West Yakutat (W/C/
 WYK), Western (W), Central (C), Eastern (E) Regulatory Areas, and in the West Yakutat (WYK), Southeast Outside
                            (SEO), and Gulfwide (GW) Districts of the Gulf of Alaska
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                   Species                              Area \1\               ABC          TAC      Overfishing
----------------------------------------------------------------------------------------------------------------
Pollock \2\
    Shumagin.................................  (610)                            22,930       22,930  ...........

[[Page 9264]]

 
    Chirikof.................................  (620)                            26,490       26,490  ...........
    Kodiak...................................  (630)                            14,040       14,040  ...........
    WYK......................................  (640)                             1,280        1,280  ...........
                                                                          --------------------------
        Subtotal.............................  W/C/WYK                          64,740       64,740       91,060
    SEO......................................  (650)                             6,520        6,520        8,690
                                                                          --------------
            Total............................  ..........................       71,260       71,260       99,750
Pacific cod \3\..............................  W                                22,610       16,957  ...........
                                               C                                35,800       27,116  ...........
                                               E                                 4,400        3,960  ...........
                                                                          --------------------------
            Total............................  ..........................       62,810       48,033      102,000
Flatfish \4\ (deep-water)....................  W                                   310          310  ...........
                                               C                                 2,970        2,970  ...........
                                               WYK                               1,880        1,880  ...........
                                               SEO                                 910          910  ...........
                                                                          --------------------------
            Total............................  ..........................        6,070        6,070        8,010
Rex sole.....................................  W                                 1,680        1,680  ...........
                                               C                                 7,340        7,340  ...........
                                               WYK                               1,340        1,340  ...........
                                               SEO                               2,290        2,290  ...........
                                                                          --------------------------
            Total............................  ..........................       12,650       12,650       16,480
Flathead sole................................  W                                13,410        2,000  ...........
                                               C                                34,430        5,000  ...........
                                               WYK                               3,430        3,430  ...........
                                               SEO                                 450          450  ...........
                                                                          --------------------------
            Total............................  ..........................       51,270       10,880       64,750
Flatfish \5\ (shallow-water).................  W                                21,580        4,500  ...........
                                               C                                27,250       13,000  ...........
                                               WYK                               2,030        2,030  ...........
                                               SEO                               1,210        1,210  ...........
                                                                          --------------------------
            Total............................  ..........................       52,070       20,740       63,840
Arrowtooth flounder..........................  W                                23,590        8,000  ...........
                                               C                               151,840       25,000  ...........
                                               WYK                              10,590        2,500  ...........
                                               SEO                               8,910        2,500  ...........
                                                                          --------------------------
            Total............................  ..........................      194,930       38,000      228,130
Sablefish \6\................................  W                                 2,930        2,930  ...........
                                               C                                 7,300        7,300  ...........
                                               WYK                               2,550        2,550  ...........
                                               SEO                               3,770        3,770  ...........
        Subtotal.............................  E                                 6,320        6,320  ...........
                                                                          --------------------------
            Total............................  ..........................       16,550       16,550       22,160
Pacific ocean perch \7\......................  W                                 2,520        2,520        2,990
                                               C                                 8,390        8,390        9,960
                                               WYK                                 830          830  ...........
                                               SEO                               1,600        1,600  ...........
        Subtotal.............................  E                           ...........  ...........        2,890
                                                                          --------------
            Total............................  ..........................       13,340       13,340       15,840
Shortraker/rougheye \8\......................  W                                   254          254  ...........
                                               C                                   656          656  ...........
                                               E                                   408          408  ...........
                                                                          --------------------------
            Total............................  ..........................        1,318        1,318        2,510
Other rockfish \9\ \10\......................  W                                    40           40  ...........
                                               C                                   300          300  ...........
                                               WYK                                 130          130  ...........
                                               SEO                               3,430          200  ...........
                                                                          --------------------------
            Total............................  ..........................        3,900          670        5,150

[[Page 9265]]

 
Northern Rockfish \10\ \12\ \15\.............  W                                   770          770  ...........
                                               C                                 4,100        4,100  ...........
                                               E                                   N/A          N/A  ...........
                                                                          --------------
            Total............................  ..........................        4,870        4,870        5,790
Pelagic shelf rockfish \13\..................  W                                   370          370  ...........
                                               C                                 3,010        3,010  ...........
                                               WYK                                 210          210  ...........
                                               SEO                                 880          880  ...........
                                                                          --------------------------
            Total............................  ..........................        4,470        4,470        5,570
Thornyhead rockfish..........................  W                                   410          410  ...........
                                               C                                 1,010        1,010  ...........
                                               E                                   520          520  ...........
                                                                          --------------------------
            Total............................  ..........................        1,940        1,940        2,590
Demersal shelf rockfish \11\.................  SEO                                 450          450          690
Atka mackerel................................  GW                                  600          600        6,200
Other species \14\...........................  GW                                  N/A       12,592          N/A
                                                                          --------------
            Total \16\.......................  ..........................      498,948      264,433     649,460
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec.   679.2.
\2\ Pollock is apportioned in the Western and Central Regulatory Areas among three statistical areas. During the
  A season, the apportionment is based upon an adjusted estimate of the relative distribution of pollock biomass
  at 23.62 percent, 56.9 percent, and 19.48 percent in Statistical Areas 610, 620, and 630, respectively. During
  the B season, the apportionment is based on the relative distribution of pollock biomass at 23.62 percent,
  64.47 percent, and 8.91 percent in Statistical Areas 610, 620, and 630, respectively. During the C and D
  seasons, pollock is apportioned based on the relative distribution of pollock biomass at 48.64 percent, 21.3
  percent, and 30.6 percent in Statistical Areas 610, 620, and 630, respectively. These seasonal apportionments
  are shown in Table 3. In the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area,
  pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned 60 percent to the A season and 40 percent to the B season in the
  Western and Central Regulatory Areas of the GOA. Pacific cod is allocated 90 percent for processing by the
  inshore component and 10 percent for processing by the offshore component. Seasonal apportionments and
  component allocations of TAC are shown in Table 4.
\4\ ``Deep water flatfish'' means Dover sole, Greenland turbot, and deepsea sole.
\5\ ``Shallow water flatfish'' means flatfish not including ``deep water flatfish'', flathead sole, rex sole, or
  arrowtooth flounder.
\6\ Sablefish is allocated to trawl and hook-and-line gears (Table 2).
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).
\9\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope
  rockfish and demersal shelf rockfish. The category ``other rockfish'' in the Southeast Outside District means
  slope rockfish.
\10\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
  S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
  wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
  (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
  (vermilion), and S. reedi (yellowmouth). In the Eastern GOA only, ``slope rockfish'' also includes northern
  rockfish, S. polyspinous.
\11\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
  S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
 
\12\ ``Northern rockfish'' means Sebastes polyspinis.
\13\ ``Pelagic shelf rockfish'' means Sebastes ciliatus (dusky), S. entomelas (widow), and S. flavidus
  (yellowtail).
\14\ ``Other species'' means sculpins, sharks, skates, squid, and octopus. The TAC for ``other species'' equals
  5 percent of the TACs of assessed target species.
\15\ N/A means not applicable.
\16\ The total ABC and OFL is the sum of the ABCs and OFLs for assessed target species.

Apportionment of Reserves

    Regulations at Sec.  679.20(b)(2) implementing the FMP require 20 
percent of each TAC for pollock, Pacific cod, flatfish, and the ``other 
species'' category be set aside in reserves for possible apportionment 
at a later date. In 2003, NMFS reapportioned all of the reserves in the 
final harvest specifications. NMFS proposed reapportionment of all 
reserves for 2004 in the proposed GOA groundfish specifications 
published in the Federal Register on December 5, 2003 (68 FR 68002). 
NMFS received no public comments on the proposed reapportionments. For 
the final 2004 GOA harvest specifications, NMFS has reapportioned all 
of the reserve for pollock, Pacific cod, flatfish, and ``other 
species.'' Specifications of TAC shown in Table 1 reflect apportionment 
of reserve amounts for these species and species groups.

Allocations of the Sablefish TAC to Vessels Using Hook-and-Line and 
Trawl Gear

    Under Sec.  679.20(a)(4)(i) and (ii), sablefish TACs for each of 
the regulatory areas and districts are allocated to hook-and-line and 
trawl gear. In the Western and Central Regulatory Areas, 80 percent of 
each TAC is allocated to hook-and-line gear and 20 percent of each TAC 
is allocated to trawl gear. In the Eastern Regulatory Area, 95 percent 
of the TAC is allocated to hook-and-line gear and 5 percent is 
allocated to trawl gear. The trawl gear allocation in the Eastern 
Regulatory Area may only be used to support incidental catch of 
sablefish in directed fisheries for other target species (see Sec.  
679.20(a)(1)). In recognition of the trawl ban in the SEO District of 
the Eastern Regulatory Area, the Council recommended, and NMFS

[[Page 9266]]

concurs, that 5 percent of the combined Eastern GOA sablefish be 
allocated to trawl gear in the WYK District and the remainder to 
vessels using hook-and-line gear. This recommendation results in an 
allocation of 316 mt to trawl gear and 2,234 mt to hook-and-line gear 
in the WYK District and 3,770 mt to hook-and-line gear in the SEO 
District. In the SEO District, 100 percent of the sablefish TAC is 
allocated to vessels using hook-and-line gear, resulting in the 3,770 
mt allocation. Table 2 shows the allocations of the 2004 sablefish TACs 
between hook-and-line and trawl gear.

Table 2.--Final 2004 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Hook-and-Line and Trawl Gear
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                 Hook-and-line        Trawl
                        Area/District                                TAC           allocation       allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................            2,930            2,344              586
Central......................................................            7,300            5,840            1,460
West Yakutat.................................................            2,550            2,234              316
Southeast Outside............................................            3,770            3,770                0
                                                              ------------------
    Total....................................................           16,550           14,188            2,362
----------------------------------------------------------------------------------------------------------------

Apportionments of Pollock TAC Among Seasons and Regulatory Areas, and 
Allocations for Processing by Inshore and Offshore Components

    In the GOA, pollock is apportioned by season and area, and is 
further allocated for processing by inshore and offshore components. 
Under regulations at Sec.  679.20(a)(5)(iii)(B) the annual pollock TAC 
specified for the Western and Central Regulatory Areas of the GOA is 
divided into four equal seasonal allowances of 25 percent. As 
established by Sec.  679.23(d)(2)(i) through (iv), the A, B, C, and D 
season allowances are available from January 20 through February 25, 
March 10 through May 31, August 25 through September 15, and October 1 
through November 1, respectively.
    Pollock TACs in the Western and Central Regulatory Areas of the GOA 
in the A and B seasons are apportioned among Statistical Areas 610, 
620, and 630 in proportion to the distribution of pollock biomass as 
determined by a composite of NMFS winter surveys, and in the C and D 
seasons in proportion to the distribution of pollock biomass as 
determined by the four most recent NMFS summer surveys. The Plan Team 
recommended an adjustment to the distribution of pollock in the Central 
Regulatory Area during the A season. The Plan Team recommended that 
during the A season the winter and summer distribution of pollock be 
averaged in the Central Regulatory Area to reflect the distribution of 
pollock and the performance of the fishery in the area during the A 
season. The SSC, AP, and Council concurred with the Plan Team's 
recommendation. Within any fishing year, underage or overage of a 
seasonal allowance may be added to or subtracted from subsequent 
seasonal allowances in a manner to be determined by the Administrator, 
Alaska Region, NMFS, (Regional Administrator), provided that the sum of 
the revised seasonal allowances does not exceed 30 percent of the 
annual TAC apportionment for the Central and Western Regulatory Areas 
(see Sec.  679.20(a)(5)(iii)(B)). For 2004, 30 percent of the annual 
TAC for the Central and Western Regulatory Areas is 19,038 mt. The WYK 
and SEO District pollock TACs of 1,280 mt and 6,520 mt, respectively, 
are not allocated by season.
    Regulations at Sec.  679.20(a)(6)(i) require that 100 percent of 
the pollock TAC in all regulatory areas and all seasonal allowances 
thereof be allocated to vessels catching pollock for processing by the 
inshore component after subtraction of amounts that are projected by 
the Regional Administrator to be caught by, or delivered to, the 
offshore component incidental to directed fishing for other groundfish 
species. The amount of pollock available for harvest by vessels 
harvesting pollock for processing by the offshore component is that 
amount actually taken as bycatch during directed fishing for groundfish 
species other than pollock, up to the maximum retainable amounts 
allowed under regulations at Sec.  679.20(e) and (f). At this time, 
these bycatch amounts are unknown and will be determined during the 
fishing year.
    The seasonal biomass distribution of pollock in the Western and 
Central Regulatory Areas, area apportionments, and seasonal 
apportionments for the A, B, C, and D seasons are summarized in Table 
3, except that amounts of pollock for processing by the inshore and 
offshore components are not shown.

  Table 3.--Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska, Seasonal
            Biomass Distribution, Area Apportionments, and Seasonal Allowances of Annual TAC in 2004
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                       Shumagin  (Area    Chirikof  (Area     Kodiak  (Area
               Season                   610)  (biomass     620)  (biomass     630)  (biomass    Total  (biomass
                                        distribution)      distribution)      distribution)      distribution)
----------------------------------------------------------------------------------------------------------------
A...................................     3,747 (23.63%)      9,027 (56.9%)     3,091 (19.48%)      15,865 (100%)
B...................................     3,748 (23.62%)    10,704 (67.47%)      1,413 (8.91%)      15,865 (100%)
C...................................     7,717 (48.64%)      3,380 (21.3%)     4,768 (30.06%)      15,865 (100%)
D...................................     7,718 (48,64%)      3,379 (21.3%)     4,768 (30.06%)      15,865 (100%)
                                     --------------------
    Annual Total....................             22,930             26,490             14,040             63,460
----------------------------------------------------------------------------------------------------------------


[[Page 9267]]

Allocations for Processing by Inshore and Offshore Components and 
Apportionments of Pacific Cod TAC Among Seasons

    Regulations at Sec.  679.20(a)(6)(ii) require that the TAC 
apportionment of Pacific cod in all regulatory areas be allocated to 
vessels catching Pacific cod for processing by the inshore and offshore 
components. Ninety percent of the Pacific cod TAC in each regulatory 
area is allocated to vessels catching Pacific cod for processing by the 
inshore component. The remaining 10 percent of the TAC is allocated to 
vessels catching Pacific cod for processing by the offshore component. 
These seasonal apportionments and allocations of the Pacific cod TAC 
for 2004 are shown in Table 4.
    Pacific cod fishing is divided into two seasons in the Western and 
Central Regulatory Areas of the GOA. For hook-and-line, pot and jig 
gear the A season begins on January 1 and ends on June 10, and the B 
season begins on September 1 and ends on December 31. For trawl gear, 
the A season begins on January 20 and ends on June 10, and the B season 
begins on September 1 and ends on November 1 (see Sec.  679.23(d)(3)). 
After subtraction of estimated incidental catch needs by the inshore 
and offshore components in other directed fisheries through the A 
season ending June 10, 60 percent of the annual TAC will be available 
as a directed fishing allowance during the A season for the inshore and 
offshore component. The remaining 40 percent of the annual TAC will be 
available for harvest during the B season and will be apportioned 
between the inshore and offshore processing components, as provided in 
Sec.  679.20(a)(6)(ii). Any amount of the A season apportionment of 
Pacific cod TAC under or over harvested will be added to or subtracted 
from the B season apportionment of Pacific cod TAC (see Sec.  
679.20(a)(11)(ii)). Between the A and the B seasons, directed fishing 
for Pacific cod is closed and fishermen participating in other directed 
fisheries may retain Pacific cod up to the maximum retainable amounts 
allowed under regulations at Sec.  679.20(e) and (f). Pacific cod 
harvested as incidental catch between the closure of the A season on 
June 10 and opening of the B season on September 1 will be deducted 
from the B season TAC apportionment (see Sec.  679.20(a)(11)(iii)). For 
purposes of clarification, NMFS points out that the dates for the A 
season and the B season Pacific cod fishery differ from those of the A, 
B, C, and D seasons for the pollock fisheries.

 Table 4.--Final 2004 Seasonal Apportionments and Allocation of Pacific
 Cod TAC Amounts in the Gulf of Alaska; Apportionments for Processing by
                   the Inshore and Offshore Components
                       [Values are in metric tons]
------------------------------------------------------------------------
                                                 Component apportionment
                                               -------------------------
         Regulatory area               TAC        Inshore      Offshore
                                                   (90%)        (10%)
------------------------------------------------------------------------
Western..........................       16,957       15,261        1,696
A Season (60%)...................       10,174        9,157        1,017
B Season (40%)...................        6,783        6,104          679
Central..........................       27,116       24,404        2,712
A Season (60%)...................       16,270       14,643        1,627
B Season (40%)...................       10,846        9,761        1,085
Eastern..........................        3,960        3,564          396
                                  --------------
    Total........................       48,033       43,229        4,804
------------------------------------------------------------------------

``Other Species'' TAC

    The FMP specifies that amounts for the ``other species'' category 
are calculated as 5 percent of the combined TAC amounts for target 
species. The GOA-wide ``other species'' TAC is calculated as 12,592 mt, 
which is 5 percent of the sum of combined TAC amounts for the target 
species (251,841 mt).

Halibut PSC Limits

    In accordance with regulations at Sec.  679.21(d), annual halibut 
PSC limits are established and apportioned to trawl and hook-and-line 
gear and may be established for pot gear. In December 2003, the Council 
recommended that NMFS maintain the 2003 halibut PSC limits of 2,000 mt 
for the trawl fisheries and 300 mt for the hook-and-line fisheries, 
with 10 mt of the hook-and-line limit allocated to the demersal shelf 
rockfish (DSR) fishery in the SEO District and the remainder to the 
remaining hook-and-line fisheries. The DSR fishery is defined at Sec.  
679.21(d)(4)(iii)(A) and historically has been apportioned this amount 
in recognition of its small-scale harvests. Although observer data are 
not available to verify actual halibut bycatch amounts, given most 
vessels are less than 60 ft. (18.3 m) length overall (LOA) and thus are 
exempt from observer coverage, halibut bycatch in the DSR fishery is 
assumed to be low because of the short soak times for the gear and the 
short duration of the DSR fishery. Also, the DSR fishery occurs in the 
winter when there is less of an overlap in the distribution of DSR and 
halibut.
    Regulations at Sec.  679.21(d)(4) authorize exemption of specified 
non-trawl fisheries from the halibut PSC limit. The Council recommended 
that pot gear, jig gear, and the hook-and-line sablefish fishery be 
exempted from the non-trawl PSC halibut limit for 2004. The Council 
recommended these exemptions because: (1) The pot gear fisheries 
experience low halibut bycatch mortality (4 mt in 2001, 2 mt in 2002, 
and 14 mt in 2003); (2) the individual fishing quota (IFQ) program 
requires legal-sized halibut to be retained by vessels using hook-and-
line gear if a halibut IFQ permit holder is aboard and is holding 
unused halibut IFQ; and (3) halibut mortality for the jig gear fleet 
cannot be estimated because these vessels do not carry observers. 
Halibut mortality is assumed to be very low given the small amount of 
groundfish harvested by jig gear (336 mt in 2001, 277 mt in 2002, and 
294 mt in 2003) and the survival rates of any halibut that are 
incidentally caught by jig gear and released are assumed to be high.
    Under Sec.  679.21(d)(5), NMFS seasonally apportions the halibut 
PSC limits based on recommendations from the Council. The FMP and 
regulations require that the Council and NMFS consider the following 
information in

[[Page 9268]]

seasonally apportioning halibut PSC limits: (1) Seasonal distribution 
of halibut, (2) seasonal distribution of target groundfish species 
relative to halibut distribution, (3) expected halibut bycatch needs on 
a seasonal basis relative to changes in halibut biomass and expected 
catch of target groundfish species, (4) expected bycatch rates on a 
seasonal basis, (5) expected changes in directed groundfish fishing 
seasons, (6) expected actual start of fishing effort, and (7) economic 
effects of establishing seasonal halibut allocations on segments of the 
target groundfish industry.
    The final 2003 groundfish harvest specifications (68 FR 9924, March 
3, 2003) summarize Council findings with respect to each of the FMP 
considerations set forth here. At this time, the Council's findings are 
unchanged from those set forth in 2003. The opening date for the third 
seasonal allowance of the trawl halibut PSC limit and the start date 
for directed fishing for rockfish by trawl gear is July 4, 2004. This 
date will facilitate inseason management of the rockfish fisheries and 
reduce the effect of the rockfish fisheries on the annual NMFS 
sablefish survey which occurs later in July.
    NMFS concurs with the Council's recommendations described here and 
listed in Table 5. Regulations at Sec.  679.21(d)(5)(iii) and (iv) 
specify that any underages or overages in a seasonal apportionment of a 
PSC limit will be added to or subtracted from the next respective 
seasonal apportionment within the 2004 fishing year. The following 
types of information as presented in, or summarized from, the 2003 SAFE 
report, or as otherwise available from NMFS, Alaska Department of Fish 
and Game, the International Pacific Halibut Commission (IPHC) or public 
testimony were considered when establishing the halibut PSC limits.

(A) Estimated Halibut Bycatch in Prior Years

    The best available information on estimated halibut bycatch is data 
collected by observers during 2003. The calculated halibut bycatch 
mortality by trawl, hook-and-line, and pot gear through December 6, 
2003, is 2,012 mt, 296 mt, and 14 mt, respectively, for a total halibut 
mortality of 2,322 mt.
    Halibut bycatch restrictions seasonally constrained trawl gear 
fisheries during the 2003 fishing year. Trawling during the second 
season closed for the shallow-water complex on June 19 (68 FR 37094, 
June 23, 2003), during the fourth season for the shallow-water complex 
on September 12 (68 FR 54395, September, 17, 2003), during the second 
season for the deep-water fishery complex on May 16 (68 FR 27479, May 
20, 2003), and during the fifth season for all trawling for the 
remainder of the year on October 15 (68 FR 59889, October 20, 2003). 
The use of hook-and-line gear for groundfish, other than DSR and 
sablefish, closed during the second season on August 1 (68 FR 46502, 
August 6, 2003) and during the third season for the remainder of the 
year on September 28 (68 FR 56788, October 2, 2003).
    The amount of groundfish that trawl and hook-and-line gear might 
have harvested if halibut PSC limitations had not restricted the season 
in 2003 is unknown.

(B) Expected Changes in Groundfish Stocks

    In December 2003, the Council adopted higher 2004 ABCs for pollock, 
Pacific cod, sablefish, deep water flatfish, rex sole, sablefish, and 
DSR than those established for 2003. The Council adopted lower 2004 
ABCs for shallow water flatfish, flathead sole, other rockfish, 
northern rockfish, Pacific ocean perch, shortraker/rougheye rockfish, 
pelagic shelf rockfish, and thornyhead rockfish than those established 
for 2003. For the remaining targets the Council recommended that ABC 
levels remain unchanged from 2003. More information on these changes is 
included in the final SAFE report (November 2003) and in the Council 
and SSC December 2003 meeting minutes.

(C) Expected Changes in Groundfish Catch

    The total of the 2004 TACs for the GOA is 264,433 mt, an increase 
of 12 percent from the 2003 TAC total of 236,440 mt. Those fisheries 
for which the 2004 TACs are lower than in 2003 are shallow water 
flatfish (decreased to 20,740 mt from 21,620 mt), flathead sole 
(decreased to 10,880 mt from 11,150 mt), other rockfish (decreased to 
670 mt from 990 mt), Pacific ocean perch (decreased to 13,340 mt from 
13,660 mt), shortraker /rougheye rockfish (decreased to 1,318 mt from 
1,620 mt), northern rockfish (decreased to 4,870 mt from 5,530 mt), 
pelagic shelf rockfish (decreased to 4,470 mt from 5,490 mt), and 
thornyhead rockfish (decreased to 1,940 mt from 2,000 mt). Those 
species for which the 2004 TACs are higher than in 2003 are pollock 
(increased to 71,260 mt from 54,350 mt), Pacific cod (increased to 
48,033 mt from 40,540 mt), sablefish (increased to 16,550 mt from 
14,890 mt), deep water flatfish (increased to 6,070 mt from 4,880 mt), 
rex sole (increased to 12,650 mt from 9,470 mt), DSR (increased to 450 
mt from 390 mt), and ``other species'' (increased to 12,592 from 11,260 
mt).

(D) Current Estimates of Halibut Biomass and Stock Condition

    The most recent halibut stock assessment was conducted by the IPHC 
in December 2003. The halibut resource is considered to be healthy, 
with total catch near record levels. The current exploitable halibut 
biomass in Alaska for 2004 is estimated to be 215,912 mt, round weight. 
This amount is not comparable to the estimate of 263,086 mt in 2003 
because the 2004 exploitable biomass estimate is computed with a new 
set of length-specific selectivities that are lower than the age-
specific selectivities used in the 1999 to 2002 assessments.
    The exploitable biomass of the Pacific halibut stock apparently 
peaked at 326,520 mt in 1988. According to the IPHC, the long-term 
average reproductive biomass for the Pacific halibut resource was 
estimated at 118,000 mt. Long-term average yield was estimated at 
26,980 mt, round weight, for the United States and Canada combined. The 
species is fully utilized. Recent (1994-2003) catches in the commercial 
halibut fisheries in Alaska have averaged 34,100 mt, round weight. This 
catch in Alaska is 26 percent higher than long-term potential yield for 
the entire halibut stock, which reflects the good condition of the 
Pacific halibut resource. In January 2004, the IPHC recommended 
commercial catch limit recommendations totaling 37,029 mt (round weight 
equivalents) for Alaska in 2004, an increase from 36,812 mt in 2003. 
Through December 31, 2003, commercial hook-and-line harvests of halibut 
in Alaska total 36,040 mt (round weight equivalents).
    The December 2003 assessment of the halibut stock contains a number 
of major changes including: the adoption of length-specific in place of 
age-specific selectivities, separate accounting of females and males, 
allowance for the bias and variance of age readings, and for the first 
time, analytical rather than survey-based estimates of abundance in 
Areas 3B, 4A, and 4B. Estimates of average recruitment (1974-2004) in 
Areas 2C and 3A are higher than last years' estimates by 20 to 50 
percent, but estimates of exploitable biomass in those areas are lower 
because they are computed with an updated set of length-specific 
commercial selectivities that accurately represent the lower size at 
age and the presence of a large number of small males. While the 
trajectory of

[[Page 9269]]

the halibut stock biomass is downward, the biomass is still above the 
long-term average level and is expected to remain above this level for 
the next several years.
    This year's catch limits are based on the Commission's existing 
Constant Exploitation Yield (CEY) harvest policy. Over the coming year 
IPHC staff will continue to investigate a new harvest policy, the 
Conditional Constant Catch (CCC) policy, that may result in greater 
stability in the yield from the fishery and insulate the process of 
setting catch limits from technological changes in the assessment.
    Additional information on the Pacific halibut stock assessment and 
the CCC harvest policy may be found in the IPHC's 2003 Pacific halibut 
stock assessment (December 2003), available from the IPHC and on its 
Web site at http:///www.iphc.washington.edu/hal.com.

(E) Other Factors

    The proposed 2004 harvest specifications (68 FR 68002, December 5, 
2003) discuss potential impacts of expected fishing for groundfish on 
halibut stocks, as well as methods available for, and costs of, 
reducing halibut bycatch in the groundfish fisheries.

Table 5.--Final 2004 Halibut PSC Limits, Allowances, and Apportionments. The Halibut PSC Limit for Hook-and-Line
           Gear is Allocated to the Demersal Shelf Rockfish (DSR) Fishery and Fisheries Other Than DSR
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                  Trawl gear                                           Hook-and-line gear
----------------------------------------------------------------------------------------------------------------
                                                        Other than DSR                         DSR
            Dates                  Amount     ------------------------------------------------------------------
                                                     Dates           Amount           Dates           Amount
----------------------------------------------------------------------------------------------------------------
Jan 20-Apr 1.................     550 (27.5%)  Jan 1-June 10...       250 (86%)  Jan 1-Dec 31...       10 (100%)
Apr 1-July 4.................       400 (20%)  June 10-Sept 1..          5 (2%)  ...............
July 4-Sept 1................       600 (30%)                    ..............                   ..............
Sept 1-Oct 1.................      150 (7.5%)  Sept 1-Dec 31...        35 (12%)  ...............
Oct 1-Dec 31.................       300 (15%)
                              ----------------                  ----------------                 ---------------
    Total....................    2,000 (100%)                        290 (100%)                        10 (100%)
----------------------------------------------------------------------------------------------------------------

    Regulations at Sec.  679.21(d)(3)(ii) authorize apportionments of 
the trawl halibut PSC limit to be further apportioned to trawl fishery 
categories, based on each category's proportional share of the 
anticipated halibut bycatch mortality during the fishing year and the 
need to optimize the amount of total groundfish harvest under the 
halibut PSC limit. The fishery categories for the trawl halibut PSC 
limits are: (1) a deep-water species complex, comprised of sablefish, 
rockfish, deep-water flatfish, rex sole and arrowtooth flounder; and 
(2) a shallow-water species complex, comprised of pollock, Pacific cod, 
shallow-water flatfish, flathead sole, Atka mackerel, and ``other 
species'' (see Sec.  679.21(d)(3)(iii)). The proposed apportionment for 
these two fishery complexes is presented in Table 6.

 Table 6.--Final 2004 Apportionment of Halibut PSC Limits Between the Trawl Gear Deep-Water Species Complex and
                                       the Shallow-Water Species Complex.
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                             Shallow-
                                  Season                                      water     Deep- water     Total
----------------------------------------------------------------------------------------------------------------
Jan. 20-Apr. 1...........................................................          450          100          550
Apr. 1-July 4............................................................          100          300          400
July 4-Sept. 1...........................................................          200          400          600
Sept. 1-Oct. 1...........................................................          150        (\1\)          150
                                                                          --------------
    Subtotal:............................................................
Jan. 20-Oct. 1...........................................................          900          800        1,700
Oct. 1-Dec. 31...........................................................  ...........  ...........          300
                                                                          --------------
        Total............................................................  ...........  ...........       2,000
----------------------------------------------------------------------------------------------------------------
\1\ Any remainder.

Halibut Discard Mortality Rates

    The Council recommended, and NMFS concurs, that the recommended 
halibut discard mortality rates (DMRs) developed by the staff of the 
IPHC for the 2004 GOA groundfish fisheries be used to monitor halibut 
bycatch mortality limits established for the 2004 GOA groundfish 
fisheries. The IPHC recommended use of long-term average DMRs for the 
2004-2006 groundfish fisheries. The IPHC recommendation also includes a 
provision that DMRs could be revised should analysis indicate that a 
fishery's annual DMR deviates substantially (up or down) from the long-
term average. Most of the IPHC's assumed DMRs were based on an average 
of mortality rates determined from NMFS observer data collected between 
1993 and 2002. DMRs were lacking for some fisheries, so rates from the 
most recent years were used. For the ``other species'' fishery, where 
insufficient mortality data are available, the mortality rate of 
halibut caught in the Pacific cod fishery for that gear type was 
recommended as a default rate. The DMRs for hook-and-line targeted 
fisheries range from 8 to 13 percent. The DMRs for trawl targeted 
fisheries range from 57 to 75 percent. The DMRs for all

[[Page 9270]]

pot targeted fisheries is 17 percent. The final 2004 DMRs are listed in 
Table 7. The justification for these DMRs is discussed in Appendix B of 
the final SAFE report dated November 2003.

 Table 7.--Final 2004 Halibut Discard Mortality Rates (DMR) for Vessels
                     Fishing in the Gulf of Alaska.
    [Listed values are percent of halibut bycatch assumed to be dead]
------------------------------------------------------------------------
                                                              Mortality
                      Gear and target                            Rate
------------------------------------------------------------------------
Hook-and-line:
  Other species............................................           13
  Pacific cod..............................................           13
  Rockfish.................................................            8
Trawl:
  Arrowtooth flounder......................................           69
  Atka mackerel............................................           60
  Deep-water flatfish......................................           57
  Flathead sole............................................           62
  Nonpelagic pollock.......................................           59
  Other species............................................           61
  Pacific cod..............................................           61
  Pelagic pollock..........................................           75
  Rex sole.................................................           62
  Rockfish.................................................           67
  Sablefish................................................           62
  Shallow-water flatfish...................................           68
Pot:
  Other species............................................           17
  Pacific cod..............................................           17
------------------------------------------------------------------------

Non-Exempt American Fisheries Act (AFA) Catcher Vessel Groundfish 
Harvest and PSC Sideboard Limitations

    Regulations at Sec.  679.64 established groundfish harvesting and 
processing sideboard limitations on AFA catcher/processors and catcher 
vessels in the GOA. These sideboard limitations are necessary to 
protect the interests of fishermen and processors who have not directly 
benefitted from the AFA from fishermen and processors who have received 
exclusive harvesting and processing privileges under the AFA. Under the 
AFA regulations at fnl;Sec.  679.4 (l)(2)(i), listed AFA catcher/
processors are prohibited from fishing for any species of fish in the 
GOA (see Sec.  679.7(k)(1)(ii)) and from processing any pollock in the 
GOA and groundfish harvested in Statistical Area 630 of the GOA (see 
Sec.  679.7(k)(1)(iv)). The Council recommended, and NMFS concurs, that 
certain AFA catcher vessels in the GOA be exempt from groundfish 
sideboard limitations. The AFA regulations exempt AFA catcher vessels 
in the GOA less than 125 ft (38.1 m) LOA whose annual Bering Sea and 
Aleutian Islands (BSAI) pollock landings totaled less than 5,100 mt and 
that made 30 or more GOA groundfish landings from 1995 through 1997 
(see Sec.  679.64(b)(2)(i)(A)).
    For non-exempt AFA catcher vessels in the GOA, sideboard 
limitations are based upon their traditional harvest levels of TAC in 
groundfish fisheries covered by the GOA FMP. The AFA regulations base 
the groundfish sideboard limitations in the GOA on the retained catch 
of non-exempt AFA catcher vessels of each sideboard species from 1995 
through 1997 divided by the TAC for that species over the same period 
(see Sec.  679.64(b)(3)(iii)). These amounts are listed in Table 8. All 
catch of sideboard species made by non-exempt AFA catcher vessels, 
whether as targeted catch or incidental catch, will be deducted from 
the sideboard limitations in Table 8.

          Table 8.--Final 2004 GOA Non-Exempt AFA Catcher Vessel (CV) Groundfish Sideboard Limitations
                                [Amounts are rounded to the nearest metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-                     2004 Non-
                                                                     1997 Non-                      exempt AFA
   Species and apportionments and allocations by area/season/      exempt AFA CV     2004 TAC     catcher vessel
                         processor/gear                           catch to 1995-                     sideboard
                                                                     1997 TAC                       limitations
----------------------------------------------------------------------------------------------------------------
Pollock:
    A Season (W/C areas only), January 20-February 25:
        Shumagin (610)..........................................          0.6112           3,747           2,290
        Chirikof (620)..........................................          0.1427           9,027           1,288
        Kodiak (630)............................................          0.2438           3,091             754
    B Season (W/C areas only), March 10-June 1:
        Shumagin (610)..........................................          0.6112           3,748           2,291
        Chirikof (620)..........................................          0.1427          10,704           1,527
        Kodiak (630)............................................          0.2438           1,413             354
    C Season (W/C areas only), August 25-September 15:
        Shumagin (610)..........................................          0.6112           7,717           4,717
        Chirikof (620)..........................................          0.1427           3,380             482
        Kodiak (630)............................................          0.2438           4,768           1,162
    D Season (W/C areas only), October 1-November 1:
        Shumagin (610)..........................................          0.6112           7,718           4,717
        Chirikof (620)..........................................          0.1427           3,379             482
        Kodiak (630)............................................          0.2438           4,768           1,162
    Annual:
        WYK (640)...............................................          0.3499           1,280             448
        SEO (650)...............................................          0.3499           6,520           2,281
Pacific cod:
    A Season \1\, January 1-June 10:
        W inshore...............................................          0.1423           9,157           1,303
        W offshore..............................................          0.1026           1,017             104
        C inshore...............................................          0.0722          14,643           1,057
        C offshore..............................................          0.0721           1,627             107
    B Season \2\, September 1-December 31:
        W inshore...............................................          0.1423           6,104             869
        W offshore..............................................          0.1026             679              70
        C inshore...............................................          0.0722           9,761             705

[[Page 9271]]

 
        C offshore..............................................          0.0721           1,085              78
    Annual:
        E inshore...............................................          0.0079           3,564              28
        E offshore..............................................          0.0078             396               3
Flatfish deep water:
    W...........................................................          0.0000             310               0
    C...........................................................          0.0670           2,970             199
    E...........................................................          0.0171           2,790              48
Rex sole:
    W...........................................................          0.0010           1,680               2
    C...........................................................          0.0402           7,340             295
    E...........................................................          0.0153           3,630              56
Flathead sole:
    W...........................................................          0.0036           2,000               7
    C...........................................................          0.0261           5,000             131
    E...........................................................          0.0048           3,880              19
Flatfish shallow water:
    W...........................................................          0.0156           4,500              70
    C...........................................................          0.0598          13,000             777
    E...........................................................          0.0126           3,240              41
Arrowtooth flounder
    W...........................................................          0.0021           8,000              17
    C...........................................................          0.0309          25,000             773
    E...........................................................          0.0020           5,000              10
Sablefish:
    W trawl gear................................................          0.0000             586               0
    C trawl gear................................................          0.0720           1,460             105
    WYK trawl gear..............................................          0.0488             316              15
Pacific ocean perch:
    W...........................................................          0.0623           2,520             157
    C...........................................................          0.0866           8,390             727
    E...........................................................          0.0466           2,430             113
Shortraker/Rougheye:
    W...........................................................          0.0000             254               0
    C...........................................................          0.0237             656              16
    E...........................................................          0.0124             408               5
Other rockfish:
    W...........................................................          0.0034              40               0
    C...........................................................          0.2065             300              62
    E...........................................................          0.0000             330               0
Northern rockfish:
    W...........................................................          0.0003             770               0
    C...........................................................          0.0336           4,100             150
Pelagic shelf rockfish:
    W...........................................................          0.0001             370               0
    C...........................................................          0.0000           3,010               0
    E...........................................................          0.0067           1,090               7
Thornyhead rockfish:
    W...........................................................          0.0308             410              13
    C...........................................................          0.0308           1,010              31
    E...........................................................          0.0308             520              16
Demersal shelf rockfish:
    SEO.........................................................          0.0020             450               1
Atka mackerel:
    Gulfwide....................................................          0.0309             600              19
Other species:
    Gulfwide....................................................          0.0090          12,592             113
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.

    PSC sideboard limitations for non-exempt AFA catcher vessels in the 
GOA are based upon the ratio of aggregate retained groundfish catch by 
non-exempt AFA catcher vessels in each PSC target category from 1995 
through 1997 relative to the retained catch of all vessels in that 
fishery from 1995

[[Page 9272]]

through 1997 (see Sec.  679.64(b)(4)). These amounts are shown in Table 
9.

      Table 9.--Final 2004 Non-Exempt AFA Catcher Vessel Prohibited Species Catch (PSC) Limits for the GOA
                                 [Amounts are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-
                                                                     1997 non-                       2004 Non-
                                                                   exempt AFA CV                    exempt AFA
              PSC species/Target fishery and season               retained catch  2004 PSC limit  catcher vessel
                                                                     to total                        PSC limit
                                                                  retained catch
----------------------------------------------------------------------------------------------------------------
Halibut (mortality in mt):......................................
    Trawl 1st Seasonal Allowance, January 20-April 1:
        Shallow-water targets...................................           0.340             450             153
        Deep-water targets......................................           0.070             100               7
    Trawl 2nd Seasonal Allowance, April 1-July 4:
        Shallow-water targets...................................           0.340             100              34
        Deep-water targets......................................           0.070             300              21
    Trawl 3rd Seasonal Allowance, July 4-Sept 1:
        Shallow-water targets...................................           0.340             200              68
        Deep-water targets......................................           0.070             400              28
    Trawl 4th Seasonal Allowance, Sept 1-Oct 1:
        Shallow-water targets...................................           0.340             150              51
        Deep-water targets......................................           0.070               0               0
    Trawl 5th Seasonal Allowance, Oct 1-Dec 31:
        All targets.............................................           0.205             300              62
----------------------------------------------------------------------------------------------------------------

Directed Fishing Closures

    In accordance with Sec.  679.20(d)(1)(i), if the Regional 
Administrator determines that any allocation or apportionment of a 
target species or ``other species'' category apportioned to a fishery 
or, with respect to pollock and Pacific cod, to an inshore or offshore 
component allocation, will be reached, the Regional Administrator may 
establish a directed fishing allowance for that species or species 
group. If the Regional Administrator establishes a directed fishing 
allowance, and that allowance is or will be reached before the end of 
the fishing year, NMFS will prohibit directed fishing for that species 
or species group in the specified GOA Regulatory Area or District (see 
Sec.  679.20(d)(1)(iii)).
    The Regional Administrator has determined that the following TAC 
amounts for the species and species groups listed in Table 10 are 
necessary as incidental catch to support other anticipated groundfish 
fisheries for the 2004 fishing year.

                                 Table 10.--Directed Fishing Closures in the GOA
              [Amounts needed for incidental catch in other directed fisheries are in metric tons]
----------------------------------------------------------------------------------------------------------------
               Target                    Regulatory area         Gear/component                 Amount
----------------------------------------------------------------------------------------------------------------
Atka mackerel......................  Entire GOA............  All...................  600
Thornyhead rockfish................  Entire GOA............  All...................  1,940
Shortraker/Rougheye rockfish.......  Entire GOA............  All...................  1,318
Other rockfish.....................  Entire GOA............  All...................  670
Sablefish..........................  Entire GOA............  Trawl.................  2,362
Pollock............................  Entire GOA............  All/offshore..........  unknown \1\
----------------------------------------------------------------------------------------------------------------
\1\ Pollock is closed to directed fishing in the GOA by the offshore component under Sec.   679.20(a)(6)(i).

    Consequently, in accordance with Sec.  679.20(d)(1)(i), the 
Regional Administrator establishes the directed fishing allowances for 
the above species or species groups as zero.
    Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing for those species, regulatory areas, gear 
types, and components listed in Table 10. These closures will remain in 
effect through 2400 hrs, A.l.t., December 31, 2004.
    Regulations at Sec.  679.64(b)(5) provide for management of AFA 
catcher vessel groundfish sideboard limits and PSC limits using 
directed fishing closures and PSC closures according to procedures set 
out at Sec.  679.20(d)(1)(iv) and Sec.  679.21(d)(8). The Regional 
Administrator has determined that in addition to the closures listed 
above, many of the non-exempt AFA catcher vessel sideboard limits 
listed in Table 8 are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2004 fishing year. In 
accordance with Sec.  679.20(d)(1)(iv), the Regional Administrator 
establishes the directed fishing allowances for the species and species 
groups in Table 11 as zero. Therefore, in accordance with Sec.  
679.20(d)(1)(iii), NMFS is prohibiting directed fishing by non-exempt 
AFA catcher vessels in the GOA for the species and specified areas set 
out in Table 11. These closures will remain in effect through 2400 hrs, 
A.l.t, December 31, 2004.

[[Page 9273]]



             Table 11.--Non-Exempt AFA Catcher Vessel Sideboard Directed Fishing Closures in the GOA
              [Amounts needed for incidental catch in other directed fisheries are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                           Regulatory area/
               Species                         district              Gear/component               Amount
----------------------------------------------------------------------------------------------------------------
Pacific cod..........................  E GOA..................  All....................  28 (inshore) and 3
                                                                                          (offshore)
Deep-water flatfish..................  W GOA..................  All....................  0
Rex sole.............................  W GOA..................  All....................  21
Flathead sole........................  W and E GOA............  All....................  7 and 19
Arrowtooth flounder..................  W and E GOA............  All....................  17 and 10
Northern rockfish....................  W GOA..................  All....................  0
Pelagic shelf rockfish...............  Entire GOA.............  All....................  7
Demersal shelf rockfish..............  SEO District...........  All....................  1
Other species........................  Entire GOA.............  All....................  113
----------------------------------------------------------------------------------------------------------------

    Under authority of the interim 2004 specifications (68 FR 67964, 
December 5, 2003), pollock fishing opened on January 20, 2004, for 
amounts specified in that notice. NMFS has since closed Statistical 
Area 610 to directed fishing for pollock effective 1200 hrs, A.l.t., 
January 22, 2004 (69 FR 3852, January 27, 2004), and Statistical Area 
630 to directed fishing for pollock effective 1200 hrs, A.l.t., January 
21, 2004 (69 FR 2850, January 21, 2004), and opened Statistical Area 
630 to directed fishing for pollock effective 1200 hrs, A.l.t., 
February 4, through 2400 hrs, A.l.t., February 4, 2004 (69 FR 5943, 
February 9, 2004), reopened effective 1200 hrs, A.l.t., February 15 
through 2400 hrs, A.l.t., February 15, 2004 (69 FR 7704, February 19, 
2004), and reopened effective 1200 hrs A.l.t. through 2400 hrs A.l.t., 
February 24, 2004. The closures for pollock in Statistical Areas 610 
and 630 will remain in effect through 1200 hrs, A.l.t., March 10, 2004. 
NMFS has prohibited directed fishing for Pacific cod by vessels 
catching Pacific cod for processing by the inshore component in the 
Central Regulatory Area, effective 1200 hrs, A.l.t., January 31, 2004 
(69 FR 5299, February 4, 2004), by vessels catching Pacific cod for 
processing by the offshore component in the Central Regulatory Area 
effective 1200 hrs, A.l.t., February 2, 2004 (69 FR 5298, February 4, 
2004), and by vessels catching Pacific cod for processing by the 
inshore component in the Western Regulatory Area, effective 1200 hrs, 
A.l.t., February 24, 2004. The closures for Pacific cod in the Western 
and Central Regulatory Areas will remain in effect through 1200 hrs, 
A.l.t., September 1, 2004.
    These closures supercede the closures announced under the authority 
of the interim 2004 harvest specifications (68 FR 67964, December 5, 
2003). While these closures are in effect, the maximum retainable 
amounts at Sec.  679.20 (e) and (f) apply at any time during a fishing 
trip. These closures to directed fishing are in addition to closures 
and prohibitions found in regulations at 50 CFR 679. NMFS may implement 
other closures during the 2004 fishing year as necessary for effective 
conservation and management.

Response to Comments

    NMFS received one letter of comment in response to the EA and the 
SAFE reports for the 2004 harvest specifications. The letter contained 
six separate comments concerning the GOA that are summarized and 
responded to below.
    Comment 1. NMFS has only a revised draft Programmatic Environmental 
Impact Statement (PSEIS) and will be implementing the 2004 harvest 
specifications without proper National Environmental Policy Act 
compliance. This is troubling considering the impacts of spatial, 
temporal, and bycatch trends of fisheries, especially in sensitive 
habitat areas subject to damage and in Northern fur seal and Steller 
sea lion habitat.
    Response. NMFS prepared a Supplemental Environmental Impact 
Statement (SEIS) for Steller sea lions and is in the process of 
preparing a PSEIS for Alaska Groundfish Fisheries and an SEIS for 
Essential Fish Habitat Identification and Conservation in Alaska, with 
records of decisions on September 1, 2004 and August 13, 2004, 
respectively. The EA for the 2004 TAC specifications has an extensive 
appendix on ecosystem considerations for 2004 which are increasingly 
drawn upon by individual stock assessment authors in the preparation of 
the EA that supports the annual harvest specifications. This takes into 
account the best and most recent scientific information available.
    Trawl closures have been implemented to protect benthic habitat or 
reduce PSC. Some of the trawl closures are in effect year-round while 
others are seasonal. In general, year-round trawl closures have been 
implemented to protect vulnerable benthic habitat. Seasonal closures 
are used to reduce PSC by closing areas where and when PSC rates had 
historically been high. Additional measures to protect the declining 
western stocks of the Steller sea lion began in 1991 with restrictions 
based on rookery and haulout location and in 2003 the current spatial 
and temporal protection measures were implemented (68 FR 204, January 
2, 2003). The Council is also in the process of developing habitat 
areas of particular concern (HAPC) which are areas of special 
importance that may require additional protection from adverse effects. 
The Council accepted proposals for initial HAPC designations through 
January 10, 2004. Although designed to protect Steller sea lions and 
benthic habitat these protection measures will also protect fur seals 
from fishing effects.
    Comment 2. NOAA Fisheries should ``undertake a systematic review of 
rockfish management, and incorporate the recommendations of the 
nation's leading fisheries biologists in the American Fisheries Society 
(AFS) Policy Statement 31d: Management of Pacific Rockfish.'' In 
particular, this policy statement recommends:
    a. Collection of catch information on a single-species basis
    b. Management targets on a single-species basis, including species 
taken as bycatch
    c. Accurate studies of discards at sea, and reduction of rockfish 
discards
    d. Adequate fishery-independent surveys
    e. Marine protected areas (MPAs) to protect habitat and promote 
recovery of the stocks
    f. Reductions on fishing mortality
    Response. NMFS recognizes the importance of these policy 
recommendations and is either already complying with or moving towards 
these management goals. Although the AFS policy statement (Parker et 
al. 2000) pertains to all ``Pacific rockfish'' in U.S. waters, 
including Alaska, it is important to recognize the specific

[[Page 9274]]

policy recommendations above were largely influenced by the particular 
management structure and declining stocks off the coast of Washington, 
Oregon, and California (Parker et al. 2000), which differs considerably 
from the status of stocks and management procedures of rockfish and 
managed in the EEZ off Alaska. NMFS recognizes the importance of 
collecting catch information, establishing management targets on a 
single species basis, and performing accurate studies of discards at 
sea. For example, all of the species within the former ``other red 
rockfish'' category are now managed with single-species harvest quotas. 
Data for these quotas are collected using observer data, shoreside 
processor landings data, and processor weekly production report data. 
Observer data is used to estimate discard amounts of these and other 
species and is included in the stock assessment methodology.
    NMFS has conducted fishery independent surveys in the Aleutian 
Islands since 1990, and additional cooperative U.S.-Japanese surveys 
occurred in the 1980s. In general, rockfish stocks are difficult to 
survey with standard trawl gear and survey designs because of the 
patchiness of their distributions and, in some cases, the roughness of 
the habitat in which they live. These factors have combined to produce 
rockfish biomass estimates with high coefficients of variation and 
substantial year-to-year variability in biomass estimates. NMFS is 
exploring new survey methodology that uses hydroacoustic information to 
locate patches of rockfish, which can then be used to influence the 
location of trawl tows. Some field work evaluating this method was 
conducted in the summer of 2003 near the Pribilof Islands, with the 
goal of evaluating the potential for improving estimates of eastern 
Bering Sea Pacific ocean perch and northern rockfish. Additional work 
must be done to evaluate this approach before it is adopted.
    The AFS recommendation for reductions in fishing mortality is 
largely directed towards U.S. west coast rockfish stocks, as the AFS 
policy statement indicates that the Council ``has taken a conservative 
approach to rockfish management and no species are considered 
overfished in Alaska'' (Parker et. al. 2000). Since the publication of 
the AFS policy statement on Pacific rockfish in 2000, management of 
BSAI rockfish has become more conservative due to the diminished use of 
multispecies assemblages.
    Establishment of MPAs will require knowledge of the spatial 
distribution patterns for rockfish, particularly the pelagic larval 
stage. The creation of MPAs that are inconsistent with the mobility of 
rockfish would likely greatly reduce the effectiveness (Walters and 
Bonfil 1999), and little is known about the spawning locations or the 
extent of larval drift of Alaskan rockfish. Again, the reference to 
promoting recovery of stocks in the AFS recommendation for MPAs is 
directed towards west coast rockfish, as no species or species 
assemblage of rockfish in the EEZ off Alaska is currently overfished. 
As a management tool for reducing fishing mortality, it is unclear 
whether closed areas would simply redirect the same amount of fishing 
effort into smaller spatial areas, thereby exacerbate the potential for 
localized depletions. The use of MPAs to protect habitat is recognized, 
and the Council has recently solicited proposals for closure areas that 
would protect HAPC.
    Comment 3. No real conservation measures have been put into place 
to address the shortcomings of conventional fisheries management with 
regard to rockfish species.
    Response. Several changes have been implemented to improve 
fisheries management of rockfish species, particularly in the BSAI. 
First, application of harvest quotas across the ``other red rockfish'' 
species complex no longer is being conducted, thus eliminating the 
possibility of disproportionate harvests across species within the 
complex. In fact, all species that formerly comprised the ``other red 
rockfish'' complex are now managed with single-species harvest quotas, 
consistent with the AFS policy recommendations. This conservation 
measure has required substantial changes in the way fishery observers 
classify some rockfish, such as shortraker and rougheye rockfish. 
Associated with this change are improvements in assessment methodology 
that use more information to establish harvest recommendations, as 
discussed in the response to comment 2.
    Second, only Pacific ocean perch is open to directed fishing in the 
BSAI, other rockfish species are closed to directed fishing. Retained 
catch of these species by vessels is limited by maximum retainable 
allowances, which constrain the amount of incidental catch that can be 
retained by a vessel as a percentage of the target species. Prior to 
1998, the incidental catch allowance was applied to all rockfish in 
aggregate and was 15 percent of the target species. Since 1998, 
shortraker/rougheye were assigned their own maximum retainable 
allowance, which was lowered to 7 percent for deep water target 
fisheries and 2 percent for shallow water target fisheries. This 
conservation measure was put into place to reduce the likelihood of 
exceeding the ABC for rockfish complexes.
    Comment 4. NMFS has failed to respond to the SSC's April 2003 
discussion on whether a more conservative harvest rate (F50 percent) 
would be desirable for rockfish species in the GOA and BSAI, and the 
specific request that the agency evaluate the harvest strategy for 
rockfish during the TAC setting process.
    Response. An evaluation of the optimal rate for various rockfish 
species is dependent upon stock and recruitment data, and thus can only 
be applied to stocks for which age-structured models exist. In the 
BSAI, this includes Pacific ocean perch and northern rockfish. An 
analysis of this type was conducted for BSAI Pacific ocean perch and 
presented to the SSC and Council in December 2003, but the lack of 
contrast in estimated spawner stock size for BSAI northern rockfish 
precluded any informative analysis using this method. An analysis of 
optimal harvest rates for GOA stocks for which age-structured data 
exist is pending.
    Including the analysis on BSAI Pacific ocean perch presented to the 
SSC in December 2003, several studies have now been concluded that 
suggest that an F40 percent harvest rate is not unduly 
aggressive for rockfish managed in the EEZ off Alaska (Dorn 2002, 
Ianelli and Heifetz 1995).
    Comment 5. The SAFE authors reviewed an uncertainty correction 
factor for rockfish species that created higher ABCs. This is 
incongruous with the challenge posed to NMFS to assess whether current 
harvest strategy is sufficiently conservative.
    Response. The uncertainty correction factor applied explicitly 
accounts for uncertainty in recruitment and stock size, and was part of 
a general process of evaluating potentially more conservative harvest 
rates for rockfish. The uncertainty correction factor applied was 
identical to that used in the PSEIS. Although the control rule for 
applying the uncertainty correction factor did not result in a 
reduction of the Fabc level, it did not cause an increase in 
the Fabc level. For further information on rockfish, please 
see the following publications.

Dorn, M.W. 2002. Advice on west coast rockfish harvest rates from 
Bayesian meta-analysis of stock-recruitment relationships. N. Am. J. 
Fish. Aquat. Sci. 22:280-300.
Gharrett, A.J. 2003. Population structure of rougheye, shortraker, and

[[Page 9275]]

northern rockfish based on analysis of mitochondrial DNA variation and 
microsatellites: completion. Juneau Center of Fisheries and Ocean 
Sciences, University of Alaska-Fairbanks. 136 pp.
Ianelli, J.N. and J. Heifetz. 1995. Decision analysis of alternative 
harvest policies for Gulf of Alaska Pacific ocean perch fishery. Fish. 
Res. 24:35-63.
Matala, A.P., A.K. Gray, J. Heifetz, and A.J. Gharrett. In press. 
Population structure of Alaskan shortraker rockfish, Sebastes borealis, 
inferred from microsatellite variation. Env. Biol. Fish.
Parker, S.J. et al. 2000. Management of Pacific rockfish. Fisheries 25 
(3): 22-30.
Walters, C.J. and R. Bonfil. 1999. Multispecies spatial assessment 
models for the British Columbia groundfish trawl fishery. Can. J. Fish. 
Aquat. Sci. 56:601-628.

    Comment 6. The TAC setting process is lengthy and does not provide 
for sufficient opportunities to make meaningful public comment.
    Response. Currently, numerous opportunities exist for public input 
including the September and November Plan Team meetings and the October 
and December Council meetings, as well as opportunity to submit 
comments to NMFS on the proposed specifications. Nonetheless, NMFS and 
the Council agree that these opportunities could be enhanced further.
    In October, the Council approved a new process for establishing 
harvest specifications in future years under BSAI and GOA FMP 
Amendments 48/48. Objectives for the revised process include providing 
enhanced opportunity for informed public comment. The Council's 
preferred alternative is to establish harvest specifications for 18 
months (Year 1 and first half of Year 2) for BSAI and GOA groundfish. 
The new process would better assure that proposed harvest 
specifications and corresponding analysis, which are made available for 
public review and comment, provide the basis from which final harvest 
specifications are established.

Small Entity Compliance Guide

    The following information is a plain language guide to assist small 
entities in complying with this final rule as required by the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule's 
primary management measures are to announce final 2004 harvest 
specifications and PSC allowances for the groundfish fishery of the 
GOA. This action is necessary to establish harvest limits and 
associated management measures for groundfish during the 2004 fishing 
year and to accomplish the goals and objectives of the Fishery 
Management Plan for the Groundfish of the GOA. This action effects all 
fishermen who participate in the GOA fishery. The specific amounts of 
OFL, ABC, TAC and PSC amounts are provided in tabular form to assist 
the reader. NMFS will announce closures of directed fishing in the 
Federal Register and in information bulletins released by the Alaska 
Region, NMFS. Affected fishermen should keep themselves informed of 
such closures.

Classification

    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866.
    A FRFA was prepared for the final 2004 harvest specifications to 
address the statutory requirements of the Regulatory Flexibility Act of 
1980, as amended by the Small Business Regulatory Fairness Act of 1996.
    The proposed rule for the GOA specifications was published in the 
Federal Register on December 5, 2003 (68 FR 68002). An Initial 
Regulatory Flexibility Analysis (IRFA) was prepared for the proposed 
rule, and was described in the classification section of the proposed 
rule. The IRFA is available on the NMFS Alaska Region Web site at 
http://www.fakr.noaa.gov/sustainablefisheries/specs04/GOA63earirirfa1003.pdf. The public comment period for the GOA proposed 
specifications ended on January 5, 2004. No comments were received on 
the economic impacts of this final rule.
    The final 2004 harvest specifications establish harvest limits for 
the groundfish species and species groups in the GOA. This action is 
necessary to allow groundfish fishing in 2004. In all the waters off of 
Alaska, these specifications may affect from 832 to 838 small catcher 
vessels, 30 to 33 small catcher/processors, and six small CDQ groups. 
In the GOA, 96 small non-pelagic trawling entities would experience 
reductions in rockfish, shallow water flatfish, and flathead sole 
revenues, estimated to be on the order of about 2 percent of overall 
gross revenues.
    The analysis examined four alternatives to the preferred. 
Alternative 1 would have set TACs in the GOA to produce fishing 
mortality rates, F, that are equal to maxFABC, the maximum permissible 
value under the FMP (2,000,000 mt for OY). While this alternative would 
have a smaller adverse impact on small entities than the preferred, 
this alternative was rejected because the associated harvest limits are 
above biologically acceptable levels. Alternative 3, which sets TACs 
based on half the maximum levels, and Alternative 4, which sets TACs 
based on a five year average, were both rejected because they do not 
use the best and most recent scientific information on status of 
groundfish stocks or take into account socioeconomic benefits to the 
nation. Alternative 5, the no action alternative, was rejected because 
it would set TACs in the GOA equal to zero. Alternatives 3, 4, and 5 
would also cause negative impacts to small entities.
    The action does not impose new recordkeeping or reporting 
requirements on small entities. The analysis did not reveal any Federal 
rules that duplicate, overlap or conflict with the proposed action.
    Under the provisions of 5 U.S.C. 553(d)(1), an agency can waive a 
delay in the effective date of a substantive rule if it relieves a 
restriction. Unless this delay is waived, fisheries that are currently 
closed (See SUPPLEMENTARY INFORMATION) because the interim TACs were 
reached would remain closed until the final specifications became 
effective. Those closed fisheries are restrictions on the industry that 
can be relieved by making the final specifications effective on 
publication. Another relief from a restriction would be the elimination 
of discards of sablefish caught incidentally to Pacific halibut. If the 
final specifications are not effective by February 29, 2004, which is 
the start of the Pacific halibut season as specified by the IPHC, the 
longline sablefish fishery will not begin concurrently with the Pacific 
halibut season. This would cause disruption to the fishing industry, as 
both longline sablefish and Pacific halibut are managed under the same 
IFQ program, and as stated above, require sablefish that is caught with 
Pacific halibut to be discarded.
    Under the provisions of 5 U.S.C. 553(d)(3), an agency can waive a 
delay in the effective date for good cause found and published with the 
rule. For all other fisheries not currently closed because the interim 
TACs were reached, the possibility exists for their closures prior to 
the expiration of a 30-day delayed effectiveness period because their 
interim TACs or PSC allowances could be reached. Determining which 
fisheries may close is impossible because these fisheries are affected 
by several factors that cannot be predicted in advance, including 
fishing effort, weather, movement of fishery stocks, and market price. 
Furthermore, the closure of one fishery has a cascading effect on other 
fisheries by freeing-up fishing vessels, allowing them to move

[[Page 9276]]

from closed fisheries to open ones, increasing the fishing capacity in 
those open fisheries and causing them to close at an accelerated pace. 
The interim specifications currently in effect are not sufficient to 
allow directed fisheries to continue predictably, resulting in 
unnecessary closures and disruption within the fishing industry and the 
potential for regulatory discards. The final specifications establish 
increased TACs and PSC allowances to provide continued directed fishing 
for species that would otherwise be prohibited under the interim 
specifications. These final specifications were developed as quickly as 
possible, given plan team review in November 2003, Council 
consideration and recommendations in December 2003, and NOAA Fisheries 
review and development in January-February 2004.

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et 
seq.; Title II of Division C, Pub. L. 105-277; Sec. 3027, Pub L. 
106-31,113 Stat. 57; 16 U.S.C. 1540(f).

    Dated: February 23, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-4370 Filed 2-26-04; 8:45 am]
BILLING CODE 3510-22-P