[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Proposed Rules]
[Pages 70589-70605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26835]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041117321-4321-01; I.D. 110904D]
RIN 0648-AS37


Fisheries of the Exclusive Economic Zone Off Alaska; Aleutian 
Islands Subarea Directed Pollock Fishery

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would implement Amendment 82 
to the Fishery Management Plan for Groundfish of the Bering Sea and 
Aleutian Islands Management Area (FMP). Amendment 82, if approved, 
would establish a framework for management of the Aleutian Islands 
subarea (AI) directed pollock fishery. This action is necessary to 
implement provisions of the Consolidated Appropriations Act of 2004 
that require the AI directed pollock fishery to be allocated to the 
Aleut Corporation for the purpose of economic development of Adak, 
Alaska. This action is intended to promote the goals and objectives of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), the FMP, Consolidated Appropriations Act of 2004, and 
other applicable laws.

DATES: Written comments must be received by January 21, 2005.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
     Fax: 907-586-7557.
     E-mail: [email protected]. Include in the subject 
line the following document identifier: AI pollock proposed rule. E-
mail comments, with or without attachments, are limited to 5 megabytes.
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.
    Copies of the Environmental Assessment/Regulatory Impact Review 
(EA/RIR) prepared for the proposed rule, the 2000 FMP level biological 
opinion, and the 2001 biological opinion and its June 2003 supplement 
for the Steller sea lion protection measures may be obtained from the 
addresses stated above or from the Alaska Region NMFS website at 
www.fakr.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS, Alaska Region, and by e-mail to 
[email protected], or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive 
economic zone of the Bering Sea and Aleutian Islands management area 
(BSAI) are managed 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 implementing the FMP 
appear at 50 CFR part 679. General regulations governing U.S. fisheries 
also appear at 50 CFR part 600.
    The Council has submitted Amendment 82 for review by the Secretary 
of Commerce, and a Notice of Availability of the amendment was 
published in the Federal Register on November 16, 2004 (69 FR 67107), 
with comments on the amendment invited through January 18, 2005. 
Comments may address the FMP amendment, the proposed rule, or both, but 
must be received by January 18, 2005, to be considered in the approval/
disapproval decision on the FMP amendment. All comments received by 
that time, whether specifically directed to the FMP amendment or to the 
proposed rule, will be considered in the approval/disapproval decision 
on the FMP Amendment.

Background

    The Consolidated Appropriations Act of 2004 (Public Law (Pub. L.) 
108-199) was signed into law on January 23, 2004. Section 803 of this 
law allocates the AI directed pollock fishery to the Aleut Corporation 
for economic development of Adak, Alaska. The statute permits the Aleut 
Corporation to authorize one or more agents for activities necessary 
for conducting the

[[Page 70590]]

AI directed pollock fishery. Throughout this preamble, the term ``Aleut 
Corporation'' will mean the Aleut Corporation or its authorized 
agent(s) for purposes of describing activities required for managing 
the AI directed pollock fishery.
    Public Law 108-199 requires the Aleut Corporation's selection of 
participants in the AI directed pollock fishery and limits 
participation to American Fisheries Act (AFA) (Pub. L. 105-277, Title 
II of Division C) qualified entities and vessels 60 feet (18.3 m) or 
less in length overall (LOA) with certain endorsements. Section 803(b) 
of Pub. L. 108-199 restricts the annual harvest of pollock in the AI 
directed pollock fishery by vessels 60 feet (18.3 m) LOA or less to 
less than 25 percent of the annual allocation until 2009, and to less 
than 50 percent of the annual allocation prior to 2013. These vessels 
must receive 50 percent of the annual directed pollock fishery 
allocation starting in 2013 and beyond. A FMP amendment and associated 
regulatory amendments are needed to implement these and other measures 
necessary to manage this fishery pursuant to provisions specified in 
Pub. L. 108-199.
    The Council adopted Amendment 82 in June 2004 and clarified a 
portion of its June action in October 2004. If approved by the 
Secretary of Commerce, Amendment 82 would revise the FMP to establish 
the management framework for the AI directed pollock fishery. This 
proposed rule would implement the following management provisions for 
the AI directed pollock fishery:
    1. Restrictions on the harvest specifications for the AI directed 
pollock fishery, including: limitations on the size of the annual AI 
pollock total allowable catch (TAC), limits on the A season harvest of 
TAC, allocation requirement for vessels 60 feet (18.3 m) LOA or less, 
and reallocation provisions for unharvested amounts of the AI pollock 
allocations;
    2. Provisions for fishery monitoring, including: the Aleut 
Corporation's selection and NMFS's approval of vessels and processors 
participating in the AI directed pollock fishery, restrictions on 
having pollock from the AI and either the Bering Sea subarea (BS) or 
the Gulf of Alaska on a vessel at one time, observer and scale 
requirements, catch monitoring control plans for shoreside and 
stationary floating processors, and Aleut Corporation's and 
participants' responsibility for ensuring the harvest does not exceed 
the AI directed pollock fishery allocation;
    3. Reporting requirements; and
    4. A new AI Chinook salmon prohibited species catch limit that, 
when reached, would close the existing Chinook salmon savings areas in 
the AI.
    Prior to Pub. L. 108-199, the AI directed pollock fishery was 
managed pursuant to the AFA. The AFA allocated the AI directed pollock 
fishery to specific harvesters and processors named in the AFA and 
specified in regulations at 50 CFR part 679. Public Law 108-199 
supersedes portions of the AFA and allocates all the AI directed 
pollock fishery to the Aleut Corporation. The implementation of Pub. L. 
108-199 requires the amendment of AFA provisions in the FMP and in the 
regulations at 50 CFR part 679 to provide for the allocation of the AI 
directed pollock fishery to the Aleut Corporation and for the 
management of this fishery.
    The allocation of pollock to the AFA directed pollock fisheries 
under section 206(b) of the AFA now only pertains to the BS pollock TAC 
given that Pub. L. 108-199 fully allocates the AI directed pollock 
fishery to the Aleut Corporation. Thus, AFA restrictions associated 
with the directed pollock fishery, including excessive harvesting and 
processing shares under section 210(e) of the AFA, now apply only to 
the AFA allocations of BS pollock.
    Similarly, AFA groundfish sideboard provisions under section 211 of 
the AFA would not apply to AFA entities while those entities are 
participating in the AI directed pollock fishery. Groundfish species 
taken incidental to the AI directed pollock fishery would be deducted 
from the relevant TACs, and fisheries for those species would be 
managed by NMFS accordingly. Pending the nature and scope of incidental 
catch in the AI directed pollock fishery, the Council could consider 
separate groundfish sideboard provisions for this fishery in the 
future.

Proposed Regulatory Amendments

    The following describes the proposed amendments to the regulations, 
by section, that would be required to implement the management 
provisions for the AI directed pollock fishery pursuant to Amendment 82 
and Pub. L. 108-199.

Sec.  679.1 Authority

    The BSAI pollock fisheries are managed under the provisions of the 
AFA. Certain provisions of the AFA applicable to the AI directed 
pollock fishery are superseded by Pub. L. 108-199. Because the BSAI 
pollock fisheries include the AI directed pollock fishery, this 
proposed rule would revise Sec.  679.1(k) to include the AI directed 
pollock fishery in the paragraph title and to include Pub. L. 108-199 
in the list of statutes applicable to the BSAI pollock fisheries.

Sec.  679.2 Definitions

    Several definitions would be revised and four definitions would be 
added by this proposed rule for the AI directed pollock fishery.
    The ``Aleut Corporation'' is identified in Pub. L. 108-199 as a 
business incorporated pursuant to the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.). A definition of the Aleut Corporation 
would be added by this proposed rule to clarify the identity of the 
corporation that would receive the AI directed pollock fishery 
allocation.
    A definition of the ``AI directed pollock fishery'' would be added 
to mean the directed fishery for pollock allocated to the Aleut 
Corporation. This term does not include directed fishing for pollock 
under the Western Alaska Community Development Quota (CDQ) Program that 
may occur in the AI.
    A vessel or processor selected by the Aleut Corporation and 
approved by NMFS to harvest or process pollock in the AI directed 
pollock fishery during a fishing year (January 1 through December 31) 
would be defined as an ``Aleut Corporation entity.'' Section 679.2 
would be revised to add a definition for ``Aleut Corporation entity'' 
to facilitate its reference in regulations.
    The proposed rule would add a definition for a ``designated contact 
for the Aleut Corporation.'' This individual would be designated by the 
Aleut Corporation as the contact person for management of the AI 
directed pollock fishery, including, but not limited to, reporting of 
the selection of Aleut Corporation entities set forth in Sec.  679.4(m) 
of the proposed rule and fulfilling the proposed recordkeeping and 
reporting requirements for the fishery set forth under Sec.  679.5.
    The definitions in Sec.  679.2 that refer to the AFA pollock 
fishery would be revised to remove references to the AI directed 
pollock fishery. Public Law 108-199 allocates AI directed pollock 
fishery to the Aleut Corporation, and no longer to AFA cooperatives.
    Under the proposed rule and Pub. L. 108-199, an Aleut Corporation 
entity must be selected by the Aleut Corporation and subsequently 
approved by NMFS before it could lawfully participate in the AI 
directed pollock fishery. Because AFA qualification alone would no 
longer allow participation in the AI directed pollock fishery, several 
AFA definitions would be revised by changing the terms ``BSAI

[[Page 70591]]

pollock'' to ``BS pollock'' and ``BSAI directed pollock'' to ``BS 
directed pollock.'' The definitions that would be revised are ``AFA 
catcher/processor,'' ``AFA catcher vessel,'' ``AFA crab processing 
facility,'' ``AFA entity,'' ``AFA inshore processor,'' ``AFA 
mothership,'' ``designated primary processor,'' ``fishery cooperative 
or cooperatives,'' ``listed AFA catcher/processor,'' and ``unlisted AFA 
catcher/processor.'' Removing references to the AI in these AFA 
definitions would clarify that meeting AFA qualifications does not also 
qualify a harvester or processor for participating in the AI directed 
pollock fishery.
    The definition for ``license limitation groundfish'' in Sec.  679.2 
would be revised to add an exception for pollock harvested in the AI 
directed pollock fishery by vessels 60 feet (18.3 m) LOA or less. 
Public Law 108-199 states that vessels 60 feet (18.3 m) LOA or less 
that have a valid fishery endorsement may be eligible to participate in 
the AI directed pollock fishery. The fishery endorsement is issued by 
the U. S. Coast Guard on the vessel's U.S. Coast Guard documentation 
for participation in a U. S. fishery. Vessels 60 feet (18.3 m) LOA or 
less would not need to demonstrate AI pollock harvest history and 
qualify for a license limitation permit (LLP) pursuant to Sec.  
679.4(k). This exception in the license limitation groundfish 
definition would reduce the licensing burden for participants in the AI 
directed pollock fishery, would allow vessels 60 feet (18.3 m) LOA or 
less to enter the fishery without previous pollock fishing history or 
the necessity for owners to have an LLP that names that vessel, and 
would encourage economic development of Adak, Alaska, by facilitating 
the building of a fleet of vessels 60 feet (18.3 m) LOA or less.

Sec.  679.4 Permits

    Section 679.4 describes the permitting requirements for 
participation in the groundfish fisheries. Public Law 108-199 requires 
harvesting and processing participants in the AI directed pollock 
fishery to be approved by the Aleut Corporation. Public Law 108-199 
specifies that vessels eligible to harvest pollock in the AI directed 
pollock fishery either must be AFA qualified or 60 feet (18.3 m) LOA or 
less. In June 2004, the Council recommended that all catcher/processors 
and motherships, regardless of size, also be AFA qualified in order to 
participate in this fishery. Shoreside and stationary floating 
processors would not need to be AFA qualified to participate in the AI 
directed pollock fishery. The proposed rule would establish criteria 
for the Aleut Corporation's selection and NMFS' approval of 
participants in this fishery beyond a participant's qualification under 
the AFA.
    This proposed rule would revise Sec.  679.4(l) to clarify that AFA 
permitting requirements would apply exclusively to the BS pollock 
fishery, to vessels greater than 60 feet (18.3 m) LOA in the AI 
directed pollock fishery, and to all catcher/processors and motherships 
in the AI directed pollock fishery. Paragraphs that reference BSAI 
pollock harvest history would remain unchanged by this rule because the 
basis for establishing history for AFA participation was not changed by 
Pub. L. 108-199.
    Revisions would be made to paragraphs (l)(1)(i) for applicability 
to the BSAI directed pollock fishery, (l)(5)(iii) for the single 
geographic location requirement for inshore processors, (l)(6)(ii)(B) 
for the delivery of BSAI pollock to designated cooperative processors, 
(l)(6)(ii)(C)(2) for cooperative contract information regarding BSAI 
pollock delivery, and (l)(6)(ii)(D)(2) for landing requirements for 
pollock harvested in the BSAI directed pollock fishery. The revision to 
paragraph (l)(6)(ii)(D)(1) for the LLP requirement would remove the 
reference to the AI cooperative allocation and would make the 
requirement applicable to vessels greater than 60 feet (18.3 m) LOA 
harvesting pollock in the AI directed pollock fishery. Vessels 60 feet 
(18.3 m) LOA or less would not be required to have AFA or LLP permits. 
Paragraphs (l)(6)(ii)(D)(2)(i) and (ii) also would be revised to limit 
the landing requirements for qualified catcher vessels to pollock taken 
in the BS only.
    Public Law 108-199 does not require vessels 60 feet (18.3 m) LOA or 
less to comply with other Federal fisheries permitting requirements 
that may not be easily met and which could restrict the vessels' 
participation. However, Federal fisheries permits (FFPs) pursuant to 
Sec.  679.4(b) would be required for all AI directed pollock fishery 
vessels to ensure Steller sea lion protection measures requiring vessel 
monitoring systems (Sec.  679.28) apply to vessels fishing in the AI 
directed pollock fishery. The FFP requirement applies to catcher 
vessels, catcher/processors, and motherships. The FFP requirement 
should not restrict participation in the AI directed pollock fishery 
considering the minimal requirements for obtaining the permit, and the 
FFPs are provided free of charge. No regulatory revisions are needed to 
implement the pollock fishery endorsement and FFP requirements for the 
AI directed pollock fishery participants.
    A new paragraph (m) would be added to Sec.  679.4 to establish the 
annual process for NMFS' approval of participants in the AI directed 
pollock fishery. The participants selected by the Aleut Corporation for 
the AI directed pollock fishery must be approved by NMFS annually under 
criteria established under Pub. L. 108-199 and in this proposed rule. 
NMFS' approval must be received by the Aleut Corporation before the 
participant would be authorized to fish in the AI directed pollock 
fishery. The proposed rule would require the Aleut Corporation to 
provide NMFS the identity of selected harvesters and/or processors at 
least 14 days before the participant is scheduled to begin harvesting 
or processing pollock in the AI directed pollock fishery. NMFS would 
review each participant selected by the Aleut Corporation relative to 
approval criteria established in regulations. Upon approval, NMFS would 
provide the Aleut Corporation a letter showing NMFS' approval of each 
participant and the date harvesting or processing by the participants 
in the AI directed pollock fishery may commence.
    The Aleut Corporation would be required to provide a copy of NMFS' 
approval letter to each participant in the AI directed pollock fishery 
before harvesting or processing by that participant commences during 
the fishing year. Vessels participating in the fishery would be 
required to carry a copy of NMFS' approval letter on the vessel at all 
times while participating in the fishery. Processors would be required 
to provide documentation of approval during NMFS inspections. This 
process would allow for approval of participants before the fishery 
commences and would assist enforcement personnel to rapidly establish 
such approval during a boarding or inspection for compliance monitoring 
or enforcement purposes.
    Participants may be added to the approval list at any time during 
the fishing year upon selection by the Aleut Corporation following the 
procedure set forth above 14 days before harvesting or processing would 
commence. Once a participant is approved by NMFS for harvesting or 
processing pollock taken in the AI directed pollock fishery during the 
fishing year, the participant would remain approved by NMFS for the 
duration of the fishing year, as long as the Federal fishing permit and 
any applicable endorsement remains current. Subsequent disapproval for 
participation in the AI directed pollock fishery by the Aleut 
Corporation, for

[[Page 70592]]

whatever reason, would be managed by the Aleut Corporation through 
private contractual agreements with the participant.
    Paragraph (m) also would include the procedures for appeal of NMFS' 
disapproval of the Aleut Corporation's selection of a participant for 
the AI directed pollock fishery. The Regional Administrator would 
notify the Aleut Corporation and the participant of NMFS' disapproval 
of the participant. The reason for the disapproval would be provided 
and the disapproved participant would have 30 days to provide 
additional evidence. After 30 days, the Regional Administrator would 
issue an initial administrative determination (IAD) regarding the 
selection and reasons for the decision. A disapproved participant would 
be able to appeal the IAD under the appeals procedure at Sec.  679.43 
and would be permitted to participate in the AI directed pollock 
fishery while the IAD is under appeal. This revision would provide due 
process in the event of a dispute with NMFS' disapproval.

Sec.  679.5 Recordkeeping and Reporting

    This proposed action would add a new paragraph (q) to the 
recordkeeping and reporting regulations at Sec.  679.5 to add 
requirements for the AI directed pollock fishery. The Aleut Corporation 
would be required to submit a weekly catch report to NMFS for all 
pollock caught by all vessels fishing on its behalf. The information 
required would include: the catcher vessel Alaska Department of Fish 
and Game (ADF&G) identification number; FFP or Federal processor permit 
number; delivery date; the amount of pollock received in pounds plus 
the weight of at-sea pollock discards; and the ADF&G fish ticket 
number. The proposed rule also would require the Aleut Corporation to 
designate a contact for communications regarding reporting and 
recordkeeping. The designation of a contact and the information 
required in the report would ensure timely and complete harvest 
information from the Aleut Corporation is received to facilitate 
oversight of the AI directed pollock fishery.
    The Council recommended that the Aleut Corporation be required to 
submit both an annual report and a one-time report about the use of its 
AI pollock allocation. The annual report would include: (1) information 
describing the use of the revenues generated from the AI directed 
pollock fishery by the Aleut Corporation for economic development in 
Adak, and (2) information about catch similar to that required to be 
provided by the AFA cooperatives under Sec.  679.61(f). The Council 
requested that the Aleut Corporation submit a draft of the annual 
report to the Council by December 1 and a final report by February 1. 
The Council also requested a one-time report to be provided prior to 
the June 2006 Council meeting with information on how the revenue from 
the fishery was spent, harvest success, Chinook salmon bycatch, 
development of the small vessel fleet, and pollock processing capacity. 
The Council would consider this information in these reports to 
determine if the AI directed pollock fishery allocation should be 
adjusted.
    Management of the AI directed pollock fishery would require 
revisions to logbooks and forms to ensure accurate data collection. The 
two catcher vessel daily fishing logbooks, two catcher/processor daily 
cumulative production logbooks (DCPLs), mothership DCPL, and shoreside 
processor DCPL would be revised by adding ``AIP'' to the management 
block of the logbooks to identify the Aleutian Islands directed pollock 
fishery in the reports. The two weekly production reports (WPRs), two 
check-in/check out reports, buying station report, and daily production 
report would be revised by adding ``AIP'' to the management block of 
the forms. The software for the shoreside processor electronic logbook 
report would be revised by adding ``AIP'' to the management options 
onscreen.

Sec.  679.7 Prohibitions

    The prohibitions specific to the AFA in Sec.  679.7(k) would be 
revised by this proposed rule to apply only to the BS directed pollock 
fishery. Although many of the prohibitions in this paragraph continue 
to apply to the AI directed pollock fishery, several no longer apply 
under Pub. L. 108-199. In paragraphs (k)(3)(i) and (k)(4)(i), inshore 
processors and catcher vessels are prohibited from processing and 
harvesting BSAI pollock, respectively, without an AFA permit. Public 
Law 108-199 and Amendment 82 would allow catcher vessels 60 feet (18.3 
m) LOA or less to harvest pollock in the AI directed pollock fishery 
and would allow shoreside and stationary floating processors without 
AFA permits to process pollock taken in the AI directed pollock 
fishery. All catcher/processors, motherships, and catcher vessels 
larger than 60 feet (18.3 m) LOA must be AFA qualified vessels to 
participate in the AI directed pollock fishery. Paragraphs (k)(3)(i) 
and (k)(4)(i) would be revised to exclude AI pollock from the 
prohibition on harvesting pollock without an AFA permit. These 
revisions would require each inshore processor and catcher vessel in 
the BS directed pollock fishery and each catcher vessel greater than 60 
feet (18.3 m) LOA in the AI directed pollock fishery to have an AFA 
permit.
    Paragraphs (k)(3)(iii) and (iv) limit the amount of BSAI pollock to 
be processed by inshore processors and limit the number of geographic 
locations at which BSAI pollock could be processed in a year. These 
limitations apply to the AFA pollock fishery, but are not required in 
the AI directed pollock fishery by either Pub. L. 108-199 or Amendment 
82. Consequently, this proposed rule would remove references to the AI 
pollock fishery from each of these paragraphs.
    Paragraphs (k)(5), (k)(6), and (k)(7) prohibit inshore AFA fishery 
cooperatives from exceeding their annual allocations of BSAI pollock 
and prohibit AFA-qualified vessels and processors from harvesting or 
processing an excessive share of BSAI pollock. Because all of the AI 
directed pollock fishery is allocated to the Aleut Corporation, the 
prohibitions in these paragraphs are no longer appropriate for the AI 
directed pollock fishery. This proposed rule would revise these 
paragraphs to remove references to the AI directed pollock fishery and 
would ensure that these prohibitions continue to apply only to the AFA 
fisheries.
    New paragraph (l) would add prohibitions specific to the AI 
directed pollock fishery. Harvesting and processing of pollock taken in 
the AI directed pollock fishery would be prohibited without selection 
by the Aleut Corporation and NMFS' approval, as specified under Sec.  
679.4(m). NMFS would post a list of NMFS approved participants at 
www.fakr.noaa.gov that could be reviewed by the participant before 
harvesting or processing activities. This prohibition would ensure that 
only harvesters and processors selected by the Aleut Corporation and 
approved by NMFS could participate in the AI directed pollock fishery.
    Paragraph (l) also would prohibit catcher vessels from having 
onboard at the same time pollock that was harvested from the AI and 
from either the BS or the GOA. A catcher vessel would be required to 
offload all pollock that was from the BS or the GOA before fishing in 
the AI directed pollock fishery and to offload all pollock taken in the 
AI directed pollock fishery before fishing in the BS or GOA. This 
prohibition would facilitate enforcement and the accurate accounting of 
pollock taken in the AI.
    Because all catcher/processors and motherships participating in the 
AI

[[Page 70593]]

directed pollock fishery would be required to be AFA qualified, 
catcher/processors and motherships would be prohibited from processing 
in the AI directed pollock fishery without complying with the AFA catch 
weighing and observer sampling requirements under paragraphs 
(k)(2)(iii) and (k)(2)(iv). This revision would ensure the quality of 
information collected regarding pollock processing.
    Paragraph (l) also would prohibit harvesters from delivering 
pollock harvested in the AI directed pollock fishery to shoreside or 
stationary floating processors unless the processor has a catch 
monitoring control plan satisfying the requirements of Sec.  679.28(g) 
or to a processing vessel that is not AFA qualified and that is not 
selected by the Aleut Corporation and approved by NMFS for processing 
pollock harvested in the AI directed pollock fishery.
    To manage the harvest of the Aleut Corporation pollock allocation, 
paragraph (l) would impose prohibitions on the Aleut Corporation and 
its entities similar to prohibitions for AFA inshore cooperatives. The 
proposed rule would prohibit harvest in excess of the harvest 
specifications for the AI directed pollock fishery by participants and 
by the Aleut Corporation. This would ensure that both the participants 
and the Aleut Corporation would be responsible to maintain harvest 
amounts within the AI directed pollock fishery annual, seasonal, and 
vessel allocations established in the harvest specifications.

Sec.  679.20 General Limitations

    Section 679.20(a)(5) establishes the provisions for the pollock 
harvest specifications in the BS, AI, Bogoslof District, and the GOA. 
The proposed rule would add a new paragraph (iii) for the provisions 
for the AI directed pollock fishery and to separate AI pollock from the 
BS pollock harvest specifications.
    In June 2004, the Council recommended a method of funding the 
annual allocation for the AI directed pollock fishery in consideration 
of the optimum yield (OY), the CDQ pollock directed fishing allowance 
pursuant to the AFA and Sec.  679.31(a), and the combined TACs for the 
BSAI groundfish fisheries. The Council's recommended development of 
annual recommendations for the Bering Sea (BS) and AI TACs within the 2 
million mt OY cap. The Council also recommended that the CDQ directed 
pollock fishery allowance not be reduced by the establishment of an AI 
pollock TAC. The proposed FMP text and proposed rule would implement 
these policy decisions.
    Section 206(a) of the AFA requires that ``10 percent of the total 
allowable catch of pollock in the Bering Sea and Aleutian Islands 
management area be allocated as a directed fishing allowance'' to the 
CDQ program. Public Law 108-199 does not prohibit a CDQ pollock 
directed fishing allowance in the AI. In October 2004, the Council 
clarified its intent that the CDQ directed fishing allowance should be 
deducted from the AI annual pollock TAC to create the initial pollock 
TAC in the same manner as the Bering Sea pollock allocations. The AI 
directed pollock fishery for the Aleut Corporation would be allocated 
from the initial pollock TAC after subtraction of the incidental catch 
amount. The Council did not recommend a change to the existing 
regulatory provisions that establish separate CDQ directed fishing 
allowances in the AI and the Bering Sea subareas. Thus, 10 percent of 
the TAC specified annually for each subarea would be allocated to the 
CDQ pollock directed fishing allowance, and the Aleut Corporation and 
AFA directed pollock fishery allocations would be reduced by 
corresponding amounts.
    This approach maintains Council intent to not reduce the BSAI CDQ 
directed fishing allowance as a result of the Aleut Corporation 
allocation. The Aleut Corporation allocation would equal the AI pollock 
TAC minus the 10 percent CDQ pollock directed fishing allowance and 
minus the incidental catch allowance (ICA).
    In consideration of the harvesting and processing capacity for the 
AI directed pollock fishery, economic development needs for Adak, 
Alaska, and impacts on other BSAI groundfish fisheries, the Council 
recommended limits on the amount of annual harvest in the AI directed 
pollock fishery. The proposed rule would establish these limits in a 
new paragraph Sec.  679.20(a)(5)(iii). The annual AI pollock TAC would 
equal 19,000 mt when the AI pollock ABC is equal to or more than 19,000 
mt. When the AI pollock ABC is less than 19,000 mt, the annual AI 
pollock TAC would be no more than the ABC. The Council determined that 
the 19,000 mt limit minus the CDQ directed pollock fishing allowance 
and the ICA would provide an adequate amount of pollock to the Aleut 
Corporation for economic development while not excessively impacting 
the other BSAI groundfish fisheries, as combined annual TACs may not 
exceed the 2 million mt OY cap.
    The proposed rule includes a reallocation provision for unharvested 
AI pollock. The proposed rule would revise Sec.  679.20(a)(5) to 
authorize the Regional Administrator to determine the amount of the AI 
directed pollock fishery allocation or CDQ directed fishing allowance 
that is not likely to be harvested and to reallocate the anticipated 
unused amounts to the BS directed pollock fishery or the BS CDQ pollock 
directed fishing allowance, respectively, as soon as practicable. The 
amount of reallocation would be limited by the BS pollock ABC and must 
be consistent with determinations resulting from any associated 
consultations conducted under the Endangered Species Act (ESA). Based 
on the Council's funding policy, this would ensure that a portion of 
the BS pollock fishery recommended TAC that was applied to the AI 
recommended TAC may be returned to the BS pollock fishery if it is not 
expected to be harvested in the AI.
    The Steller sea lion protection measures require harvest of pollock 
to be within the annual TAC amounts to ensure harvest is appropriate to 
the amount of available pollock biomass and other considerations. 
Because of the current condition of the BS pollock stock and the 2 
million mt OY maximum in the BSAI, the BS pollock TAC is set well below 
the BS pollock ABC. The maximum amount of reallocation that could occur 
from the AI subarea to the BS subarea is no more than 19,000 mt minus 
the ICA. The 19,000 mt TAC limit is approximately 1.3 percent of the 
2005 proposed BS pollock TAC (1,474,450 mt). The proposed acceptable 
biological catch (ABC) for pollock in the BS subarea is 2,363,000 mt. 
The 19,000 mt limit is 2 percent of the difference between the BS 
pollock TAC and ABC. Even with a reallocation of 19,000 mt from the AI 
subarea, the amount of pollock available for harvest in the BS 
(1,493,450 mt) would be well below the ABC.
    Based on the 19,000 mt annual TAC limit for AI pollock and on the 
current biomass size of the BS pollock stock, any reallocation of 
unharvested AI pollock TAC is not likely to result in a harvest in the 
BS that is excessive in relation to available pollock biomass. As long 
as the gap between the BS pollock ABC and the BS pollock TAC is wide, 
the reallocation of unharvested pollock from the AI to the BS is not 
likely to adversely affect Steller sea lions or their critical habitat. 
If the biomass of the BS pollock stock declines substantially in the 
future or if the gap between ABC and TAC is substantially reduced, 
reallocation of unharvested AI pollock may need to be restricted to 
protect Steller sea lions and their critical

[[Page 70594]]

habitat. The condition of the BS stock and the amount of AI pollock 
reallocation would need to be considered at that time to determine the 
likely effect on Steller sea lions and their critical habitat. No 
reallocation would occur if the action was likely to adversely affect 
Steller sea lions or their critical habitat.
    The seasonal apportionment of pollock harvest in the AI directed 
pollock fishery would be revised by this proposed rule. Pollock is an 
important prey species for the endangered western distinct population 
segment of Steller sea lions. The protection measures for Steller sea 
lions include temporal dispersion of pollock harvest. To temporally 
disperse harvest of prey species, the Steller sea lion protection 
measures require apportioning 40 percent of the BSAI pollock TAC to the 
A season and 60 percent to the B season. The regulations currently 
state that the seasonal apportionment applies to the BSAI pollock 
fishery. The proposed seasonal apportionment of AI directed pollock 
fishery would be established in a different manner than the seasonal 
apportionment of BS pollock. The proposed rule would remove references 
to AI pollock seasonal apportionment in Sec. Sec.  679.20(a)(5)(i)(B) 
and (a)(5)(ii) and would add a new paragraph (iii) to describe the 
method of seasonal apportionment for the AI directed pollock fishery.
    The Council considered the Steller sea lion protection measures in 
recommending the seasonal apportionment of the AI directed pollock 
fishery. The proposed rule would limit the A season apportionment to no 
more than the lesser of the annual initial TAC plus any CDQ fishery or 
40 percent of the annual ABC. The total harvest of pollock in the A 
season from the directed fishery (AI directed pollock fishery and any 
CDQ fishery) and ICA would not exceed 40 percent of the ABC. This 
method of limiting seasonal harvest based on ABC is a departure from 
the use of TAC for the basis of seasonal apportionments. Because the 
annual TAC is capped at 19,000 mt when the ABC is greater than 19,000 
mt, the Council recommended providing for the annual initial TAC to be 
taken fully in the A season as long as the annual initial TAC plus any 
CDQ fishery does not exceed 40 percent of the ABC. This would allow the 
participants to maximize the revenue potential from the fishery by 
harvesting the more valuable products which are available early in the 
year and would keep the A season harvest within the intended 40 percent 
seasonal limits of the Steller sea lion protection measures.
    The B season apportionment to the AI directed pollock fishery would 
be the remainder of the annual initial TAC minus the A season 
apportionment, and minus the annual ICA. Unharvested A season pollock 
initial TAC may be reapportioned by the Regional Administrator to the B 
season, if it is determined that the B season apportionment and 
reallocation are likely to be harvested. Otherwise, the Regional 
Administrator may reallocate unharvested AI pollock initial TAC to the 
BS pollock fishery as long as the BS pollock ABC is not exceeded, as 
described above.
    The CDQ fishery is not part of the Aleut Corporation's directed 
pollock fishery in the AI. Any harvest of the CDQ pollock directed 
fishing allowance in the AI would continue to be conducted with the 
same seasonal apportionments as currently specified for the AI and BS 
subareas and CDQ components under Sec.  679.20(a)(5)(i)(B). The 
proposed rule would reorganize these provisions under Sec.  
679.20(a)(5)(i)(B) and continue to apportion 40 percent of the CDQ 
directed fishing allowance in the AI to the A season and 60 percent to 
the B season. The CDQ pollock directed fishing allowances specified for 
the AI and the BS subareas would be determined during the harvest 
specifications process.
    Section 679.20(a)(5)(ii) currently requires that the allocation of 
pollock in both the AI and the Bogoslof District is to be done in the 
same manner as the AFA allocations in the BS subarea. Because Pub. L. 
108-199 allocated the non-CDQ directed pollock fishery in the AI to the 
Aleut Corporation, this proposed rule would revise paragraph (a)(5)(ii) 
to apply to the Bogoslof District only. The establishment of an ICA 
when the directed pollock fishery in the AI is closed would be 
addressed in a new paragraph (iii) where harvest specifications and 
seasonal allocations would be specified.
    Paragraph (a)(5)(iii) also would specify the further allocation of 
the Aleut Corporation's allocation among vessels approved to 
participate in the AI directed pollock fishery. Public Law 108-199 
allows the allocation of a portion of the AI directed pollock fishery 
to vessels 60 feet (18.3 m) LOA or less in increasing amounts through 
2013. In 2004 through 2008, up to 25 percent of the allocation may be 
provided to vessels 60 feet (18.3 m) LOA or less. In 2009 through 2012, 
up to 50 percent of the allocation may be provided to vessels 60 feet 
(18.3 m) LOA or less. For 2013 and beyond, 50 percent of the allocation 
must be provided to vessels 60 feet (18.3 m) LOA or less. The first two 
allocation periods would establish a cap on how much of the allocation 
may go to small vessels. For 2013 and beyond, the amount to go to the 
small vessels would be 50 percent of the allocation specified during 
the harvest specifications process.

Sec.  679.21 Prohibited Species Bycatch Management

    The Council recommended a separate Chinook salmon prohibited 
species catch limit in the AI directed pollock fishery. Currently Sec.  
679.21(e)(1)(vii) establishes the BSAI Chinook salmon at 29,000 fish. 
This limit applies to all Chinook salmon taken when directed fishing 
for pollock, including CDQ pollock fisheries in the BSAI. When this 
limit is reached in the BSAI pollock trawl fishery, the Chinook salmon 
savings areas are closed according to a schedule specified in Sec.  
679.21(e)(7)(viii). The two Chinook salmon savings areas are shown in 
Figure 8 to 50 CFR part 679. One of these areas is in the AI (area 1), 
and the other area is in the BS (area 2). Area 2 is considered an 
important area for pollock harvest in the BS. The pollock fishery in 
the BS subarea has had annual incidental catches of Chinook salmon well 
over 29,000 fish in 2002 and 2003 and likely will exceed the 29,000 
limit in 2004, resulting in the closure of areas 1 and 2.
    To reduce the potential impact of Chinook salmon bycatch taken in 
the AI directed pollock fishery on the BS pollock fishery, the Council 
recommended a separate AI Chinook salmon prohibited species catch (PSC) 
limit of 700 fish. The AI directed pollock fishery has been closed 
since 1999, and little recent information exists on Chinook salmon 
bycatch in the AI pollock trawl fishery. The 700 fish limit is based on 
the highest rate of Chinook salmon bycatch observed in the AI pollock 
fishery between 1991 and 1998 and a 19,000 mt AI pollock TAC. If the 
amount of Chinook salmon bycatch in the AI subarea were to exceed the 
700 fish limit, the proposed rule would require the closure of the AI 
portion of the Chinook salmon savings areas only (area 1 on Figure 8 to 
50 CFR part 679). The proposed rule would revise Sec.  
679.21(e)(1)(vii) by removing the AI pollock reference for the 29,000 
Chinook salmon PSC limit. A new paragraph (e)(1)(ix) would be added to 
establish the 700 Chinook salmon PSC limit for the AI directed pollock 
fishery.
    Further, the proposed rule revisions to Sec.  679.21(e)(7)(viii) 
would provide that reaching the BS pollock trawl Chinook salmon PSC 
limit of 29,000 would close

[[Page 70595]]

the Chinook salmon savings areas close both in the AI and in the BS. 
The Chinook salmon savings area in the AI is not expected to be an 
important location for pollock harvest, so closing this area based on 
obtaining the BS PSC limit for Chinook salmon would not be an excessive 
burden to the AI directed pollock fishery and would provide additional 
protection to Chinook salmon. The incidence of Chinook salmon bycatch 
would be reviewed during the harvest specifications process to 
determine if the limit in this proposed rule is appropriate based on 
recent catch information.

Sec.  679.23 Seasons

    Section 679.23(e)(2) would be revised to include the AI directed 
pollock fishery in the list of fisheries to which seasonal 
apportionments apply. The Steller sea lion protection measures require 
the pollock harvest in the BSAI to be managed in two seasons to ensure 
temporal dispersion of harvest. This proposed action would establish 
the A season as 1200 hours, A.l.t., January 20 through 1200 hours, 
A.l.t., June 10 and the B season as 1200 hours, A.l.t., June 10 through 
1200 hours, A.l.t., November 1.

Sec.  679.28 Equipment and Operational Requirements

    The Council recommended that pollock deliveries to a shoreside or 
stationary floating processor be prohibited unless the processor has a 
catch monitoring control plan (CMCP). The CMCP explains how a processor 
will meet the catch monitoring and control standards detailed in Sec.  
679.28(g)(7). This proposed action would revise Sec.  679.28(g)(2) to 
include the AI directed pollock fishery shoreside processors and 
stationary floating processors with the processors required to have a 
CMCP. The CMCP would ensure that pollock processed for the Aleut 
Corporation would be accurately monitored and reported to ensure 
effective management of the fishery. This proposed rule also would 
correct a typographical error in paragraph (g)(3) which references the 
CMCP standards by revising the reference in the paragraph from (g)(6), 
which applies to changing a CMCP, to (g)(7) which applies to the 
standards.

Sec.  679.50 Groundfish Observer Program

    The Council recommended that catcher vessels less than 60 feet 
(18.3 m) LOA be required to accept a NMFS staff observer if one is 
designated by NMFS to observe on the vessel. An observer collects 
fishery information that can be used to manage harvest activities for a 
fishery. NMFS staff observers would be provided without charge to the 
vessel owner to collect this information. Current regulations do not 
require observers on catcher vessels less than 60 feet (18.3 m) LOA in 
the AI directed pollock fishery. Revised paragraph (e)(1) would require 
the owner of a vessel less than 60 feet (18.3 m) LOA in the AI directed 
pollock fishery to accept a NMFS staff observer and to comply with the 
safety requirements for carrying an observer at Sec.  679.50(g)(1)(ii). 
Information gathered by the NMFS staff observers may be used in 
considering future observer requirements for vessels less than 60 feet 
(18.3 m) LOA in the AI directed pollock fishery.
    Catcher vessels 60 feet (18.3 m) to less than 125 feet (38.1 m) LOA 
in the AI directed pollock fishery are required by Sec.  
679.50(c)(1)(v) to have 30 percent observer coverage during a calendar 
quarter and for at least one complete fishing trip targeting pollock, 
as defined under paragraph (c)(2)(i). Proposed revisions to paragraph 
(c)(2)(i) would ensure the AI directed pollock fishery observer 
coverage is considered separately from BS or GOA pollock fishery 
observer coverage requirements. Catcher vessels in this size class 
participating in the AI directed pollock fishery would have at least 
one of their trips fully observed, ensuring NMFS receives sufficient 
information for monitoring activities in the AI directed pollock 
fishery by catcher vessels in this size class.
    Revisions to paragraph (c)(5) also would add catcher/processor and 
mothership observer requirements for the AI directed pollock fishery 
equivalent to AFA requirements. The Council recommended that all 
catcher/processors and motherships participating in the AI directed 
pollock fishery be required to meet the AFA monitoring requirements, 
including vessels less than 60 ft. (18.3 m) LOA. This requirement would 
ensure accurate information is available on which to base management 
decisions for the AI directed pollock fishery. The reference to 
observer workload restrictions also would be corrected from paragraph 
(c)(5)(iii) to paragraph (c)(5)(ii).

Subpart F American Fisheries Act Management Measures

    The title to Subpart F would be revised to read ``American 
Fisheries Act and Aleutian Islands Directed Pollock Fishery Management 
Measures.'' Because a number of AFA provisions also apply to the AI 
directed pollock fishery, sections of this subpart would be revised to 
include the management measures for the AI directed pollock fishery.

Sec.  679.60 AFA Management Measures

    The authority in the section would be revised to include Pub. L. 
108-199 in the list of statutes applicable to the BSAI pollock 
fisheries.

Sec.  679.61 Formation and Operation of Fishery Cooperatives

    This section describes the formation and operation of fishery 
cooperatives for the purposes of the AFA pollock fishery. Proposed 
revisions to Sec. Sec.  679.61(b), (d)(3) and (g) would remove 
references to the AI directed pollock fishery. Public Law 108-199 
removes the AI directed pollock fishery from the AFA program. Paragraph 
(b) now states that fishery cooperatives formed for the purpose of 
cooperatively managing directed fishing in the BSAI directed pollock 
fishery must comply with Sec.  679.61. Fishery cooperatives no longer 
participate in the AI directed pollock fishery. Paragraph (d)(3), now 
states that inshore cooperatives that are applying for an allocation of 
BSAI pollock must file their contracts by the December 1 deadline. 
Inshore cooperatives would no longer be able to apply for an AI pollock 
allocation pursuant to the proposed rule. Paragraph (g) now prohibits 
cooperative members from participating in the BSAI directed pollock 
fishery if any landing taxes for the cooperative are overdue. Because 
the cooperatives are no longer able to participate in the AI directed 
pollock fishery without the Aleut Corporation's selection and NMFS' 
approval, the prohibition on fishing in the AI directed pollock fishery 
is outside the scope of purpose for the formation of the cooperative 
and would be inappropriate. The reference to landing taxes in paragraph 
(g) would be corrected from paragraph (d)(1)(v) to paragraph (e)(1)(v).

Sec.  679.62 Inshore Sector Cooperative Allocation Program

    Section 679.62 (a) now specifies that inshore cooperatives will 
receive a portion of the AI directed pollock fishery allocation if the 
AI is open to directed pollock fishing. Because Pub. L. 108-199 
provides for all of the AI directed pollock fishery to be allocated to 
the Aleut Corporation, this proposed rule would remove the reference to 
the AI directed pollock fishery allocation to inshore cooperatives in 
the introductory paragraph to (a) and in paragraphs (a)(2) and (a)(3).
    Paragraphs (b)(2) and (b)(3) now refer to the harvest accrual 
against inshore cooperative quotas and the reporting of

[[Page 70596]]

inshore cooperative harvest, including the AI directed pollock fishery. 
Because the AI directed pollock fishery is allocated to the Aleut 
Corporation, the proposed rule would clarify the description of the 
inshore cooperative allocation and reporting requirements by removing 
references to the AI directed pollock fishery. The revision also would 
remove the additional text `` by a member vessel'' in paragraph 
(b)(2)(i) to provide more concise text for this requirement.

Sec.  679.63 Catch Weighing Requirements for Vessels and Processors

    Section 679.63(c) now requires groundfish landed by an AFA catcher 
vessel in the BSAI pollock fishery at a shoreside processor to be 
weighed and observed. In June 2004, the Council recommended that the 
shoreside and stationary floating processors receiving pollock from the 
AI directed pollock fishery be required to have a CMCP. The AFA 
weighing and observer requirements for inshore processors were not 
extended to the AI directed pollock fishery because the CMCP would 
provide the quality and quantity of information needed. The proposed 
rule would revise paragraph (c) to remove references to the AI pollock 
fishery.

Sec.  679.64 Harvesting Sideboard Limits in Other Fisheries

    The introductory text to paragraphs (a) and (b) would be revised to 
clarify that the intent of the sideboards is to protect against adverse 
effects from fishery cooperative in the BS directed pollock fishery. 
Paragraphs (a)(1)(i) and (b)(3) would be revised to exempt AI pollock 
from AFA groundfish sideboard provisions. The citation in paragraphs 
(a)(2)(ii) would be corrected from (a)(1)(ii)(A) to (a)(2)(i). 
Paragraph (a)(4) would be revised to correct the citation ``(a)(1)(i) 
through (a)(1)(iii)'' to ``(a)(1)(ii) through (a)(3).'' The citation in 
paragraph (a)(4)(ii) also would be corrected from (a)(1)(iv) to 
(a)(4)(i).

Sec.  679.65 Crab Processing Sideboard Limits

    Because the crab processing sideboard limits are applicable to AFA 
mothership and inshore processors that receive pollock from the BS 
directed pollock fishery, paragraphs (a) and (b) would be revised to 
specify the BS directed pollock fishery.

Classification

    At this time, NMFS has not determined that the FMP amendment that 
this rule would implement is consistent with the national standards of 
the Magnuson-Stevens Act and other applicable laws. NMFS, in making 
that determination, will take into account the data, views, and 
comments received during the comment period.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities.

Factual Basis for Certification

    Description and estimate of the number of small entities to which 
the rule applies: Amendment 82 potentially affects the following 
classes of entities: (1) the Aleut Corporation, (2) fishing operations 
harvesting pollock in the AI with the permission of the Aleut 
Corporation, (3) processors processing AI pollock with permission of 
the Aleut Corporation, (4) AFA pollock vessels that may be affected by 
the Council's policy on funding the AI allocation or which may be 
involved in fishing the AI allocation under the terms of the Pub. L. 
108-199, and (e) CDQ groups.
    Section 803(a) of Pub. L. 108-199 requires that effective January 
1, 2004, and thereafter, the directed fishery for pollock in the AI 
subarea of the BSAI shall be allocated to the Aleut Corporation. Except 
with the permission of the Aleut Corporation or its authorized agent, 
the fishing or processing of any part of such allocation shall be 
prohibited by Section 307 of the Magnuson-Stevens Fishery Conservation 
and Management Act.
    For the purposes of the Regulatory Flexibility Act (RFA), the Aleut 
Corporation is best characterized as a holding company. A holding 
company is a company that usually confines its activities to owning 
stock in and supervising management of other companies. A holding 
company usually owns a controlling interest in the companies whose 
stock it holds. The Aleut Corporation carries out most of its 
significant activities through a variety of other companies whose stock 
it holds. These include the Aleut Enterprise Corporation, the Adak 
Reuse Corporation, SMI International Corporation, Tekstar, Inc., Akima 
Corporation, Aleut Real Estate L..L.C., and the Alaska Trust Company.
    As a holding company, the Aleut Corporation is not a small entity 
under the SBA criteria. Aleut Corporation revenues ranged from about 
$72 million in 2001 to about $49 million in 2003. SBA small entity 
criteria at 13 CFR 121.201 provide a small entity threshold for 
``Offices of Other Holding Companies'' of $6 million.
    The vessels used to harvest the Aleut Corporation's pollock 
allocation are expected to ``co-op'' with the Aleut Corporation because 
the latter is responsible for dispersing the component shares of the 
annual AI pollock allocation to individual fishing operations. All 
those vessels allocated a working share of the Aleut Corporation's 
directed pollock fishery are ``affiliates'' of the larger group and are 
not small entities for RFA purposes. As discussed in Appendix A.2 of 
the RIR (see ADDRESSES), small entities affiliated with large entities 
are considered large entities for the purpose of an SBA analysis. This 
means that entities which contract with the Aleut Corporation to 
harvest or process its allocation of AI pollock are large entities 
within the meaning of the RFA. Thus, the vessels 60 feet (18.3 m) LOA 
or less, the AFA vessels, and the processors that fish and process this 
allocation on behalf of the Aleut Corporation must be considered 
``affiliates,'' and are not small entities within the meaning of the 
RFA.
    The decisions related to allocation size, monitoring, harvest 
limits for vessels less than 60 feet (18.3 m) LOA, recordkeeping and 
reporting, and Chinook salmon bycatch limits and area closures are only 
expected to directly regulate entities which would harvest or process 
the Aleut Corporation allocation of AI pollock. Because, as noted 
above, these entities are affiliated with the Aleut Corporation, they 
are all considered large within the meaning of the RFA.
    Amendment 82 would establish a policy under which the AI pollock 
allocation is ``funded'' in order that it be contained under the 2 
million mt total BSAI groundfish OY. This action would not actually 
reapportion the various pollock allocations to fund AI pollock. It 
simply would establish the process by which subsequent action in the 
harvest specifications process would apportion the 2 million ton OY. If 
the sum of the TACs in the BSAI were less than the 2 million mt OY, the 
funding of the AI pollock allocation would take place, to the maximum 
extent possible, from the difference between the sum of the TACs and 
the OY. In this situation, the funding would not come at the expense of 
other fleet segments. Alternatively, if the sum of the TACs were equal 
to the 2 million mt OY, the funding would come from the BSAI pollock 
TAC. CDQ reserves would be taken from each TAC established from the AI 
and BS subarea

[[Page 70597]]

pollock fisheries, and therefore, would not contribute to the funding 
of the AI pollock TAC. The entire funding would come from a reduced TAC 
accruing to the AFA pollock fishing fleet in the BS.
    The AI pollock proposed action establishes the process which would 
be followed by the Council and NMFS when setting the species/fishery 
TACs, at which time all attributable impacts to small entities will be 
assessed, as required by RFA. The potential direct effects on small 
entities attributable to funding the AI pollock allocation would be 
evaluated during the harvest specifications process, an action which 
always includes an initial regulatory flexibility analysis. This is 
appropriate because it is not until the annual specifications are 
proposed that any impacts may actually be identified (i.e., OY 
allocated to TACs).
    To illustrate the point, note that in any year the AI directed 
pollock fishery allocation may be set at zero, or any number above zero 
up to the TAC limit proposed under this action. If it is zero, no TAC 
would be reallocated from other fisheries, and clearly no significant 
effects on a substantial number of small entities would occur. If the 
AI directed pollock fishery allocation is very small (i.e., 100 mt), 
``no significant adverse impacts'' would occur. This logic extends 
continuously until some, as yet undefined, point at which an amount of 
AI directed allocation is large enough to create a ``significant 
adverse impact'' (unless the funding source is BS pollock, wherein no 
small entities exist). However, it is the specification of all the 
annual TACs (AI pollock and its funding sources), and not the mechanism 
for specification, which will result in those impacts, and which may 
require an analysis which would identify the likely number, 
distribution, and attributes of the entities impacted.
    Moreover, the allocation is funded from either an unallocated 
portion of the OY or from the allocation by a reduction in the TAC 
available for harvest by the AFA pollock fleet in the BS. The vessels 
in the AFA pollock fleet are either affiliated with processors or 
fishing cooperatives. In all instances, the affiliated entities have 
gross revenues exceeding the $3.5 million threshold separating small 
and large entities. Thus, the proposed action would only affect large 
entities.
    Six CDQ groups harvest pollock in the BSAI. CDQ groups represent 
Western Alaska communities and are given allocations of the annual 
pollock TAC to use for the purpose of fisheries related economic 
development to benefit these communities. Under the terms of the AFA, 
these entities are entitled to 10 percent of the pollock TAC in the 
BSAI. The CDQ groups are private, non-profit, entities, and are small 
entities within the meaning of the RFA. In June 2004, the Council 
explicitly excused the CDQ groups from contributing to the funding of 
the Aleut Corporation allocation. In October 2004, the Council 
clarified its intent that the Aleut Corporation, as one of the users of 
the BSAI pollock, was expected to contribute 10 percent of its AI 
allocation to the CDQ groups.
    Consistent with the Council's intent, the current regulations 
governing the allocation of pollock to CDQ groups would not be revised 
under this action. Under current regulations, the CDQ groups receive 10 
percent of any TAC specified in the AI and must fish their allocation 
there unless the Regional Administrator reallocates the unused portion 
to the BS CDQ pollock directed fishing allowance. The CDQ groups would 
have been required to fish their AI pollock directed fishing allowance 
in the AI if the Council had chosen, as it could have, to establish a 
directed fishery in the AI in 2003 and 2004. This would be the case if 
Section 803 had not been included in Pub. L. 108-199 and the Council 
had chosen to create a pollock TAC in the AI in 2005 or in a future 
year. CDQ groups will receive a part of their CDQ allocation in the AI 
and their BS CDQ allocation will be reduced by a corresponding amount. 
The potential advantages and disadvantages of this to the CDQ groups 
were described in the RIR (Section 7.7) (see ADDRESSES).
    The CDQ groups will not be directly regulated by the Amendment 82 
or by the changes in the regulations associated with it. The CDQ groups 
may be affected by the Council's decisions relating to TACs. These 
impacts will be described in the IRFA that is prepared each year to 
accompany the annual harvest specifications.
    Because this proposed rule has no significant economic impacts on a 
substantial number of small entities, an initial regulatory flexibility 
analysis is not required and none has been prepared.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). These requirements and 
estimated reporting burdens have been submitted to OMB for approval: 
list of participating harvesters and processors in the AI pollock 
fishery, 16 hours; appeals of NMFS' disapproval as participating 
harvester or processor, 8 hours, and AI directed pollock fishery catch 
reporting, 4 hours.
    This proposed rule contains collection-of-information requirements 
subject to the PRA and which has been approved by OMB. Public reporting 
burden for these requirements are listed by OMB control number.

OMB control No. 0648-0206

    Federal fisheries permit application, 21 minutes; Federal processor 
permit application, 21 minutes.

OMB control No. 0648-0213

    Weekly production reports, 17 minutes; check-in/check-out report, 
shoreside processor, 8 minutes; check-in/check-out report, mothership 
or catcher/processor, 7 minutes; daily production report, 11 minutes; 
buying station report, 23 minutes; catcher vessel trawl gear daily 
fishing logbook (DFL), 18 minutes; catcher vessel longline or pot gear 
DFL, 28 minutes; shoreside processor daily cumulative production 
logbook (DCPL), 31 minutes; mothership DCPL, 31 minutes; catcher/
processor longline and pot gear DCPL, 41 minutes; and catcher/processor 
trawl gear DCPL, 30 minutes.

OMB control No. 0648-0330

    Inshore processor catch monitoring and control plan, 40 hours.

OMB control No. 0648-0334

    LLP permit, 1 hour.

OMB control No. 0648-0393

    AFA inshore processor permit application, 2 hours; AFA catcher 
vessel permit application, 2 hours; AFA mothership, 2 hours; and AFA 
catcher/processor permit application, 0 hours.

OMB control No. 0648-0401

    Catcher vessel cooperative pollock catch report, 5 minutes; 
shoreside processor electronic logbook report, 35 minutes.
    Response times include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection-of-information.
    Public comment is sought regarding: whether this proposed 
collection-of-information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection-of-
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments

[[Page 70598]]

on these or any other aspects of the collection-of-information to NMFS 
Alaska Region (see ADDRESSES), and e-mail to [email protected], or fax to 202- 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to a penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection-of-information displays 
a currently valid OMB Control Number.
    Informal consultation under the ESA was concluded for Amendment 82 
on October 22, 2004. As a result of the informal consultation, the 
Regional Administrator determined that fishing activities under this 
rule are not likely to adversely affect endangered or threatened 
species or their critical habitat. Pollock is an important prey species 
for the endangered and threatened Steller sea lion populations. The 
Steller sea lion protection measures evaluated in the 2000 and 2001 
Biological Opinions (see ADDRESSES) were considered in the development 
of the management provisions of Amendment 82. The protection measures 
for Steller sea lions include spatial and temporal dispersion of 
pollock harvest. The pollock fishing closure areas in the AI would 
remain unchanged under Amendment 82 to ensure spatial dispersion of 
fishing effort. To temporally disperse harvest of prey species, the 
Steller sea lion protection measures apportion 40 percent of pollock 
harvest in the BSAI to the A season and 60 percent to the B season. 
Amendment 82 would continue to temporally disperse pollock harvest with 
no more than 40 percent of the ABC permitted to be harvested in the A 
season. The total harvest of pollock in the Bering Sea subarea, 
including any reallocation of unharvested AI pollock, also would remain 
well below the ABC so that overall harvest would be in proportion to 
biomass and less likely to compete with Steller sea lions for prey. 
Both of these harvest provisions satisfy the intent of the Steller sea 
lion protection measures.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: December 1, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For reasons set out in the preamble, 50 CFR part 679 is proposed to 
be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et 
seq.; 16 U.S.C. 1540(f); Pub. L. 105-277, Title II of Division C; 
Pub L. 106-31, Sec. 3027; Pub. L.106-554, Sec. 209; and Pub. L. 108-
199, Sec. 803.
    2. In Sec.  679.1, paragraph (k) is revised to read as follows:


Sec.  679.1  Purpose and scope.

* * * * *
    (k) American Fisheries Act and AI directed pollock fishery 
measures. Regulations in this part were developed by NMFS and the 
Council under the Magnuson-Stevens Act, the American Fisheries Act 
(AFA), and Pub. L. 108-199 to govern commercial fishing for BSAI 
pollock according to the requirements of the AFA and Pub. L. 108-199. 
This part also governs payment and collection of the loan, under the 
AFA, the Magnuson-Stevens Act, and Title XI of the Merchant Marine Act, 
1936, made to all those persons who harvest pollock from the directed 
fishing allowance allocated to the inshore component under section 
206(b)(1) of the AFA.
    3. In Sec.  679.2, the definitions for ``AFA catcher/processor,'' 
``AFA catcher vessel,'' ``AFA crab processing facility,'' ``AFA 
entity,'' ``AFA inshore processor,'' ``AFA mothership,'' ``designated 
primary processor,'' ``fishery cooperatives or cooperatives,'' 
``license limitation groundfish,'' ``listed AFA catcher/processor,'' 
and ``unlisted AFA catcher/processor,'' are revised, and the 
definitions for ``AI directed pollock fishery,'' ``Aleut Corporation,'' 
``Aleut Corporation entity,'' and ``designated contact for the Aleut 
Corporation'' are added in alphabetical order to read as follows:


Sec.  679.2  Definitions.

* * * * *
    AFA catcher/processor means a catcher/processor permitted to 
harvest BS pollock under Sec.  679.4(l)(2).
    AFA catcher vessel means a catcher vessel permitted to harvest BS 
pollock under Sec.  679.4(l)(3).
    AFA crab processing facility means a processing plant, catcher/ 
processor, mothership, floating processor or any other operation that 
processes any FMP species of BSAI crab, and that is affiliated with an 
AFA entity that processes pollock harvested by a catcher vessel 
cooperative operating in the inshore or mothership sectors of the BS 
pollock fishery.
    AFA entity means a group of affiliated individuals, corporations, 
or other business concerns that harvest or process pollock in the BS 
directed pollock fishery.
    AFA inshore processor means a shoreside processor or stationary 
floating processor permitted to process BS pollock under Sec.  
679.4(l)(5).
    AFA mothership means a mothership permitted to process BS pollock 
under Sec.  679.4(l)(5).
* * * * *
    AI directed pollock fishery means directed fishing for pollock in 
the AI under the allocation to the Aleut Corporation authorized at 
Sec.  679.20(a)(5)(iii).
* * * * *
    Aleut Corporation means the Aleut Corporation incorporated pursuant 
to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
    Aleut Corporation entity means a harvester or processor selected by 
the Aleut Corporation and approved by NMFS to harvest or process 
pollock in the AI directed pollock fishery.
* * * * *
    Designated contact for the Aleut Corporation means an individual 
who is designated by the Aleut Corporation for the purpose of 
communication with NMFS regarding the identity of selected AI directed 
pollock fishery participants and weekly reports required by Sec.  
679.5.
* * * * *
    Designated primary processor means an AFA inshore processor that is 
designated by an inshore pollock cooperative as the AFA inshore 
processor to which the cooperative will deliver at least 90 percent of 
its BS pollock allocation during the year in which the AFA inshore 
cooperative fishing permit is in effect.
* * * * *
    Fishery cooperative or cooperatives means any entity cooperatively 
managing directed fishing for BS pollock and formed under section 1 of 
the Fisherman's Collective Marketing Act of 1934 (15 U.S.C. 521). In 
and of itself, a cooperative is not an AFA entity subject to excessive 
harvest share limitations, unless a single person, corporation or other 
business entity controls the cooperative and the cooperative has the 
power to control the fishing activity of its member vessels.
* * * * *
    License limitation groundfish means target species and the ``other 
species'' category, specified annually pursuant to Sec.  679.20(a)(2), 
except that demersal shelf rockfish east of 140Sec.  W. longitude, 
sablefish managed under the IFQ

[[Page 70599]]

program, and pollock allocated to the Aleutian Islands directed pollock 
fishery and harvested by vessels 60 feet (18.3 m) LOA or less, are not 
considered license limitation groundfish.
* * * * *
    Listed AFA catcher/processor means an AFA catcher/processor 
permitted to harvest BS pollock under Sec.  679.4(l)(2)(i).
* * * * *
    Unlisted AFA catcher/processor means an AFA catcher/processor 
permitted to harvest BS pollock under Sec.  679.4(l)(2)(ii).
* * * * *
    4. In Sec.  679.4, paragraphs (l)(1)(i), (l)(5)(iii), 
(l)(6)(ii)(B), (l)(6)(ii)(C)(2), (l)(6)(ii)(D)(1)(ii), 
(l)(6)(ii)(D)(2)(i) and (l)(6)(ii)(D)(2)(ii) are revised and paragraph 
(m) is added to read as follows:


Sec.  679.4  Permits.

* * * * *
    (l) * * *
    (1) * * *
    (i) Applicability. In addition to any other permit and licensing 
requirements set out in this part, any vessel used to engage in 
directed fishing for a non-CDQ allocation of pollock in the BS and any 
shoreside processor, stationary floating processor, or mothership that 
receives pollock harvested in a non-CDQ directed pollock fishery in the 
BS must have a valid AFA permit onboard the vessel or at the facility 
location at all times while non-CDQ pollock is being harvested or 
processed. In addition, the owner of any vessel that is a member of a 
pollock cooperative in the BS must also have a valid AFA permit for 
every vessel that is a member of the cooperative, regardless of whether 
or not the vessel actually engages in directed fishing for pollock in 
the BS. Finally, an AFA permit does not exempt a vessel operator, 
vessel, or processor from any other applicable permit or licensing 
requirement required under this part or in other state or Federal 
regulations.
* * * * *
    (5) * * *
    (iii) Single geographic location requirement. An AFA inshore 
processor permit authorizes the processing of pollock harvested in the 
BS directed pollock fishery only in a single geographic location during 
a fishing year. For the purpose of this paragraph, single geographic 
location means:
    (A) Shoreside processors. The physical location at which the land-
based shoreside processor first processed pollock harvested from the BS 
subarea directed pollock fishery during a fishing year.
    (B) Stationary floating processors. A location within Alaska state 
waters that is within 5 nm of the position in which the stationary 
floating processor first processed pollock harvested in the BS subarea 
directed pollock fishery during a fishing year.
* * * * *
    (6) * * *
    (ii) * * *
    (B) Designated cooperative processor. The name and physical 
location of an AFA inshore processor that is designated in the 
cooperative contract as the processor to whom the cooperative has 
agreed to deliver at least 90 percent of its BS pollock catch;
    (C) * * *
    (2) The cooperative contract requires that the cooperative deliver 
at least 90 percent of its BS pollock catch to its designated AFA 
processor; and
* * * * *
    (D) * * *
    (1) * * *
    (ii) LLP permit. The vessel must be named on a valid LLP permit 
authorizing the vessel to engage in trawling for pollock in the Bering 
Sea subarea. If the vessel is more than 60 feet (18.3 m) LOA, the 
vessel must be named on a valid LLP permit to engage in trawling for 
pollock in the AI; and
* * * * *
    (2) * * *
    (i) Active vessels. The vessel delivered more pollock harvested in 
the BS inshore directed pollock fishery to the AFA inshore processor 
designated under paragraph (l)(6)(ii)(B) of this section than to any 
other shoreside processor or stationary floating processor during the 
year prior to the year in which the cooperative fishing permit will be 
in effect; or
    (ii) Inactive vessels. The vessel delivered more pollock harvested 
in the BS inshore directed pollock fishery to the AFA inshore processor 
designated under paragraph (l)(6)(ii)(B) of this section than to any 
other shoreside processor or stationary floating processor during the 
last year in which the vessel delivered BS pollock harvested in the BS 
directed pollock fishery to an AFA inshore processor.
* * * * *
    (m) Participation in the AI Directed Pollock Fishery--(1) 
Applicability. Harvesting pollock in the AI directed pollock fishery 
and processing pollock taken in the AI directed pollock fishery is 
authorized only for those harvesters and processors that are selected 
by the Aleut Corporation and approved by the Regional Administrator to 
harvest pollock in the AI directed pollock fishery or to process 
pollock taken in the AI directed pollock fishery.
    (2) Annual Selection of participants by the Aleut Corporation. Each 
year and at least 14 days before harvesting pollock in the AI directed 
pollock fishery or processing pollock harvested in the AI directed 
pollock fishery, a participant must be selected by the Aleut 
Corporation and the following information for each participant must be 
submitted by the designated contact to the Regional Administrator:
    (i) Vessel or processor name;
    (ii) Federal fisheries permits number issued under Sec.  679.4(b) 
or Federal processor permit issued under Sec.  679.4(f);
    (iii) an approved catch monitoring control plan for shoreside and 
stationary floating processors, as required by 679.28(g)(2); and
    (iv) the fishing year which participation approval is requested.
    (3) Participant Approval. (i) Participants must have:
    (A) a valid Federal fisheries permit or Federal processing permit, 
pursuant to paragraphs (b) and (f) of this section, respectively;
    (B) a valid fishery endorsement on the vessel's U.S. Coast Guard 
documentation for the vessel's participation in the U. S. fishery; and
    (C) a valid AFA permit under Sec.  679.4(l)(2) for all catcher/
processors, (l)(3) for all catcher vessels greater than 60 ft (18.3 m) 
LOA, or (l)(4) for all motherships.
    (ii) Each participant selected by the Aleut Corporation and that 
meets the conditions under paragraph (m)(3)(i) of this section will be 
approved by the Regional Administrator for participation in the AI 
directed pollock fishery.
    (iii) The Regional Administrator will provide to the designated 
contact for the Aleut Corporation the identity of each approved 
participant and the date upon which participation in the AI directed 
pollock fishery may commence. The Aleut Corporation shall forward to 
the approved participants a copy of NMFS's approval letter before 
harvesting or processing occurs.
    (iv) A copy of NMFS' approval letter for participating in the AI 
directed pollock fishery during the fishing year must be on site at the 
shoreside processor or stationary floating processor, or on board the 
vessel at all times and must be presented for inspection upon the 
request of any authorized officer.
    (4) Participant Disapproval--(i) Notification. The Regional 
Administrator shall disapprove any participant that does not meet the 
conditions under paragraph (m)(3)(i) of

[[Page 70600]]

this section. The Regional Administrator will notify in writing the 
Aleut Corporation and the selected participant of the disapproval. The 
selected participant will have 30 days in which to submit proof of 
meeting the requirements to participate in the AI directed pollock 
fishery.
    (ii) Initial administrative determinations (IAD). The Regional 
Administrator will prepare and send an IAD to the selected participant 
following the expiration of the 30-day evidentiary period if the 
Regional Administrator determines that the information or evidence 
provided by the selected participant fails to support the participant's 
claims and is insufficient to rebut the presumption that the 
disapproval for participation in the AI directed pollock fishery is 
correct or if the additional information or evidence is not provided 
within the time period specified in the letter that notifies the 
applicant of his or her 30-day evidentiary period. The IAD will 
indicate the deficiencies in the information required, including the 
evidence submitted in support of the information. The IAD also will 
indicate which claims cannot be approved based on the available 
information or evidence. A participant who receives an IAD may appeal 
under the appeals procedures set out at Sec.  679.43. A participant who 
avails himself or herself of the opportunity to appeal an IAD will 
receive an interim approval from NMFS authorizing participation in the 
AI directed pollock fishery. An interim approval based on claims 
contrary to the final determination will expire upon final agency 
determination.
    5. In Sec.  679.5, paragraphs (a)(7)(xv)(F), (h)(1)(i), 
(h)(1)(ii)(I), and (q) are added to read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

    (a) * * *
    (7) * * *
    (xv) * * *

------------------------------------------------------------------------
   If
 harvest
  made      Indicate yes and record the
  under                 ...                          Reference
   ...
 program
------------------------------------------------------------------------
* * * *   ..............................  ..............................
 *
------------------------------------------------------------------------
(F) AIP   n/a                             Subpart F to part 679
------------------------------------------------------------------------

* * * * *
    (h) * * *
    (1) * * *
    (i) Check-in report (BEGIN message). Except as indicated in 
paragraph (h)(1)(iii) of this section, the operator or manager must 
submit a check-in report according to the following table:

------------------------------------------------------------------------
 Submit a separate BEGIN
     message for ...      If you are a ...     Within this time limit
------------------------------------------------------------------------
(A) Each reporting area   (1) C/P using     Before gear deployment
 of groundfish harvest,    trawl gear
 except 300, 400, 550,
 or 690
                         -----------------------------------------------
                          (2) C/P using     Before gear deployment. May
                           longline or pot   be checked in to more than
                           gear              one area simultaneously.
                         -----------------------------------------------
                          (3) MS, SS, SFP   Before receiving groundfish.
                                             May be checked in to more
                                             than one area
                                             simultaneously.
                         -----------------------------------------------
                          (4) MS            Must check-in to reporting
                                             area(s) where groundfish
                                             were harvested.
------------------------------------------------------------------------
(B) COBLZ or RKCSA        (1) C/P using     Prior to fishing. Submit one
                           trawl gear        check-in for the COBLZ or
                                             RKCSA and another check-in
                                             for the area outside the
                                             COBLZ or RKCSA.
                         -----------------------------------------------
                          (2) MS, SS, SFP   Before receiving groundfish
                                             harvested with trawl gear,
                                             submit one check-in for the
                                             COBLZ or RKCSA and another
                                             check-in for the area
                                             outside the COBLZ or RKCSA.
------------------------------------------------------------------------
(C) Gear Type             (1) C/P           If in the same reporting
                                             area but using more than
                                             one gear type, prior to
                                             fishing submit a separate
                                             check-in for each gear
                                             type.
                         -----------------------------------------------
                          (2) MS, SS, SFP   If harvested in the same
                                             reporting area but using
                                             more than one gear type,
                                             prior to receiving
                                             groundfish submit a
                                             separate check-in for each
                                             gear type.
------------------------------------------------------------------------
(D) CDQ                   (1) C/P           Prior to groundfish CDQ
                                             fishing under each CDQ
                                             program.
                         -----------------------------------------------
                          (2) MS, SS, SFP   Prior to receiving
                                             groundfish CDQ. If
                                             receiving groundfish under
                                             more than one CDQ number,
                                             use a separate check-in for
                                             each number.
------------------------------------------------------------------------
(E) Exempted or Research  (1) C/P           If in an exempted or
 Fishery                                     research fishery, prior to
                                             fishing submit a separate
                                             check-in for each type.
                         -----------------------------------------------
                          (2) MS, SS, SFP   If receiving groundfish from
                                             an exempted or research
                                             fishery, prior to receiving
                                             submit a separate check-in
                                             for each type.
------------------------------------------------------------------------
(F) Processor Type        C/P, MS           If a catcher/processor and
                                             functioning simultaneously
                                             as a mothership in the same
                                             reporting area, before
                                             functioning as either
                                             processor type.
------------------------------------------------------------------------
(G) Change of fishing     C/P, MS, SS, SFP  If continually active
 year                                        through the end of one
                                             fishing year and at the
                                             beginning of a second
                                             fishing year, submit a
                                             check-in for each reporting
                                             area to start the year on
                                             January 1.
------------------------------------------------------------------------
(H) AIP                   (1) C/P           Prior to AI pollock fishing.
                         -----------------------------------------------

[[Page 70601]]

 
                          (2) MS, SS, SFP   Before receiving AI pollock
------------------------------------------------------------------------

    (ii) * * *

------------------------------------------------------------------------
Submit a
separate
  CEASE
 message         If you are a ...             Within this time limit
 for . .
    .
------------------------------------------------------------------------
* * * *   .............................  ...............................
 *
------------------------------------------------------------------------
(I) AIP   (1) C/P                        Within 24 hours after
                                          completion of gear retrieval
                                          for AI pollock.
         ---------------------------------------------------------------
          (2) SS, SFP                    Within 48 hours after the end
                                          of the applicable weekly
                                          reporting period that a
                                          shoreside processor or SFP
                                          ceases to receive or process
                                          AI pollock for the fishing
                                          year.
         ---------------------------------------------------------------
          (3) MS                         Within 24 hours after receipt
                                          of AIP pollock has ceased.
------------------------------------------------------------------------

* * * * *
    (q) AI directed pollock fishery catch reports--(1) Applicability. 
The Aleut Corporation shall provide NMFS the identity of its designated 
contact for the Aleut Corporation. The Aleut Corporation shall submit 
to the Regional Administrator a pollock catch report containing 
information required by paragraph (q)(3) of this section.
    (2) Time limits and submittal. (i) The Aleut Corporation must 
submit its AI directed pollock fishery catch reports by one of the 
following methods:
    (A) An electronic data file in a format approved by NMFS; or
    (B) By Fax.
    (ii) The AI directed pollock fishery catch reports must be received 
by the Regional Administrator by 1200 hours, A.l.t. on Tuesday 
following the end of the applicable weekly reporting period, as defined 
at Sec.  679.2.
    (3) Information required. The AI directed pollock fishery catch 
report must contain the following information:
    (i) Catcher vessel ADF&G number;
    (ii) Federal fisheries or Federal processor permit number;
    (iii) Delivery date;
    (iv) Pollock harvested:
    (A) For shoreside and stationary floating processors and 
motherships: amount of pollock (in lb for shoreside and stationary 
floating processors and in mt for motherships) delivered, including the 
weight of at-sea pollock discards; and
    (B) For catcher/processors, the amount of pollock (in mt) harvested 
and processed, including the weight of at-sea pollock discards; and
    (v) ADF&G fish ticket number.
    6. In Sec.  679.7, paragraphs (k)(3)(i), (k)(3)(iii), (k)(3)(iv), 
(k)(4)(i), (k)(5), (k)(6), and (k)(7) are revised, and paragraph (l) is 
added to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (k) * * *
    (3) * * *
    (i) Permit requirement. Use a shoreside processor or stationary 
floating processor to process pollock harvested in a non-CDQ directed 
fishery for pollock in the BS without a valid AFA inshore processor 
permit at the facility or on board vessel.
* * * * *
    (iii) Restricted AFA inshore processors. Use an AFA inshore 
processor holding a restricted AFA inshore processor permit to process 
more than 2,000 mt round weight of non-CDQ pollock harvested in the BS 
directed pollock fishery in any one calendar year.
    (iv) Single geographic location requirement. Use an AFA inshore 
processor to process pollock harvested in the BS directed pollock 
fishery at a location other than the single geographic location defined 
as follows:
    (A) Shoreside processors. The physical location at which the land-
based shoreside processor first processed BS pollock harvested in the 
BS directed pollock fishery during a fishing year.
    (B) Stationary floating processors. A location within Alaska State 
waters that is within 5 nm of the position in which the stationary 
floating processor first processed BS pollock harvested in the BS 
directed pollock fishery during a fishing year.
* * * * *
    (4) * * *
    (i) Permit requirement. Use a catcher vessel to engage in directed 
fishing for non-CDQ BS pollock for delivery to any AFA processing 
sector (catcher/processor, mothership, or inshore) unless the vessel 
has a valid AFA catcher vessel permit on board that includes an 
endorsement for the sector of the BS pollock fishery in which the 
vessel is participating.
* * * * *
    (5) AFA inshore fishery cooperatives--(i) Overages by vessel. Use 
an AFA catcher vessel listed on an AFA inshore cooperative fishing 
permit, or under contract to a fishery cooperative under Sec.  
679.62(c), to harvest non-CDQ BS pollock in excess of the fishery 
cooperative's annual allocation of pollock specified under Sec.  
679.62.
    (ii) Overages by fishery cooperative. An inshore pollock fishery 
cooperative is prohibited from exceeding its annual allocation of BS 
pollock TAC.
    (6) Excessive harvesting shares. It is unlawful for an AFA entity 
to harvest, through a fishery cooperative or otherwise, an amount of BS 
pollock that exceeds the 17.5-percent excessive share limit specified 
under Sec.  679.20(a)(5)(i)(A)(6). The owners and operators of the 
individual vessels comprising the AFA entity that harvests BS pollock 
will be held jointly and severally liable for exceeding the excessive 
harvesting share limit.
    (7) Excessive processing shares. It is unlawful for an AFA entity 
to process an amount of BS pollock that exceeds the 30-percent 
excessive share limit specified under Sec.  679.20(a)(5)(i)(A)(7). The 
owners and operators of the individual processors comprising the AFA 
entity that processes BS pollock will be held jointly and severally 
liable for exceeding the excessive processing share limit.
* * * * *
    (l) Prohibitions specific to the AI directed pollock fishery--(1) 
Catcher/Processors. (i) Use a catcher/processor vessel to harvest 
pollock in the AI directed pollock fishery or process pollock harvested 
in the AI directed pollock fishery without a copy of NMFS' approval 
letter pursuant to Sec.  679.4(m).
    (ii) Process any pollock harvested in the AI directed pollock 
fishery without complying with catch weighing and observer sampling 
station requirements set forth at paragraphs (k)(1)(vi) and (k)(1)(vii) 
of this section, respectively.
    (iii) Use a catcher/processor to harvest pollock in the AI directed 
pollock fishery or process pollock harvested in the AI directed pollock 
fishery without

[[Page 70602]]

a valid AFA catcher/processor permit on board the vessel.
    (2) Motherships. (i) Use a mothership to process pollock harvested 
in the AI directed pollock fishery without a copy of NMFS' approval 
letter pursuant to Sec.  679.4(m).
    (ii) Process any pollock harvested in the AI directed pollock 
fishery without complying with catch weighing and observer sampling 
station requirements set forth at paragraphs (k)(2)(iii) and (k)(2)(iv) 
of this section, respectively.
    (iii) Use a mothership to process pollock harvested in the AI 
directed pollock fishery without a valid AFA mothership permit on board 
the vessel.
    (3) Shoreside and stationary floating processors. (i) Use a 
shoreside processor or stationary floating processor to process pollock 
harvested in the in AI directed pollock fishery without a copy of NMFS' 
approval letter pursuant to Sec.  679.4(m).
    (ii) Process any pollock harvested in the AI directed pollock 
fishery without complying with catch weighing requirements set forth at 
paragraph (k)(3)(v) of this section.
    (iii) Take deliveries of pollock harvested in the AI directed 
pollock fishery or process pollock harvested in the AI pollock fishery 
without following an approved CMCP as described in Sec.  679.28(g). A 
copy of the CMCP must be maintained on the premises and made available 
to authorized officers or NMFS-authorized personnel upon request.
    (4) Catcher vessels. (i) Use a catcher vessel to harvest pollock in 
the AI directed pollock fishery without a copy of NMFS' approval letter 
pursuant to Sec.  679.4(m).
    (ii) Have on board at any one time pollock harvested in the AI 
directed pollock fishery and pollock harvested from either the Bering 
Sea subarea or the Gulf of Alaska.
    (iii) Use a catcher vessel to deliver pollock harvested in the AI 
directed pollock fishery:
    (A) To a shoreside or stationary floating processor that does not 
have an approved CMCP pursuant to Sec.  679.28(g) and is not approved 
by NMFS to process pollock harvested in the AI directed pollock 
fishery, or
    (B) To a catcher/processor or mothership that is not approved by 
NMFS to process pollock harvested in the AI directed pollock fishery.
    (vi) Use a catcher vessel greater than 60 ft (18.3 m) LOA to 
harvest pollock in the AI directed pollock fishery unless the vessel 
has a valid AFA catcher vessel permit on board.
    (5) AI directed pollock fishery overages--(i) Overages by vessel. 
Use a catcher vessel selected by the Aleut Corporation and approved by 
NMFS to participate in the AI directed pollock fishery under Sec.  
679.4(m) to harvest pollock in the AI directed pollock fishery in 
excess of the Aleut Corporation's annual or seasonal allocations of 
pollock or in excess of the vessel allocation specified under Sec.  
679.20(a)(5)(iii).
    (ii) Overages by the Aleut Corporation. The Aleut Corporation is 
prohibited from exceeding its annual and seasonal allocations of AI 
pollock TAC or from exceeding the allocation to vessels, as specified 
in Sec.  679.20(a)(5)(iii).
    7. In Sec.  679.20, paragraph (a)(5)(iii) is redesignated as 
paragraph (a)(5)(iv), paragraphs (a)(5)(i)(B)(1), (a)(5)(ii), newly 
redesignated paragraph (a)(5)(iv)(B) introductory text, and paragraph 
(a)(6)(i) are revised, and paragraph (a)(5)(iii) is added to read as 
follows:


Sec.  679.20  General limitations.

    (a) * * *
    (5) * * *
    (i) * * *
    (B) BSAI seasonal allowances for AFA and CDQ--(1) Inshore, catcher/
processor, mothership, and CDQ components. The portions of the BS 
subarea pollock directed fishing allowances allocated to each component 
under sections 206(a) and 206(b) of the AFA and the CDQ allowance in 
the BSAI will be divided into two seasonal allowances corresponding to 
the two fishing seasons set out at Sec.  679.23(e)(2), as follows: A 
season, 40 percent; and B season, 60 percent.
* * * * *
    (ii) Bogoslof District. If the Bogoslof District is open to 
directed fishing for pollock by regulation, then the pollock TAC for 
this district will be allocated according to the same procedure 
established for the Bering Sea subarea at paragraph (a)(5)(i) of this 
section. If the Bogoslof District is closed to directed fishing for 
pollock by regulation, then the entire TAC for this district will be 
allocated as an incidental catch allowance.
    (iii) AI. (A) If a directed fishery for pollock in the AI is not 
specified under paragraph (c) of this section, then the entire TAC for 
this subarea will be allocated as an incidental catch allowance.
    (B) If the AI is open to directed fishing for pollock under 
paragraph (c) of this section, then the pollock TAC for this subarea 
will be specified, allocated, seasonally apportioned, and reallocated 
as follows:
    (1) AI annual TAC limitations. When the AI pollock ABC is less than 
19,000 mt, the annual TAC will be no greater than the ABC. When the AI 
pollock ABC equals or exceeds 19,000 mt, the annual TAC will be equal 
to 19,000 mt.
    (2) Allocations--(i) CDQ Directed fishing allowance. 10 percent of 
the annual TAC will be allocated to the CDQ pollock reserve established 
under Sec.  679.31(a)(2).
    (ii) Incidental catch allowance. The Regional Administrator will 
determine the amount of the pollock incidental catch necessary to 
support an incidental catch allowance in the AI during the fishing 
year. This amount of pollock will be deducted from the annual TAC.
    (iii) Directed Pollock Fishery. The amount of the TAC remaining 
after subtraction of the CDQ directed fishing allowance and the 
incidental catch allowance will be allocated to the Aleut Corporation 
as a directed pollock fishery allocation.
    (3) Seasonal apportionment. The seasonal harvest of pollock in the 
AI directed pollock fishery shall be:
    (i) A season. No greater than the lesser of the annual initial TAC 
plus any A season CDQ pollock directed fishery allowance or 40 percent 
of the AI pollock ABC. The total A season apportionment, including the 
AI directed pollock fishery allocation, the CDQ pollock directed 
fishery seasonal allowance, and the incidental catch amount, shall not 
exceed 40 percent of the ABC.
    (ii) B season. The B season apportionment of the AI directed 
pollock fishery shall equal the annual initial TAC minus the A season 
directed pollock fishery apportionment under paragraph 
(a)(5)(iii)(B)(3)(i) of this section and minus the incidental catch 
amount under this paragraph.
    (iii) Inseason adjustments. During any fishing year, the Regional 
Administrator may add any under harvest of the A season directed 
pollock fishery apportionment to the B season directed pollock fishery 
apportionment by publication in the Federal Register if the Regional 
Administrator determines that the harvest capacity in the B season is 
sufficient to harvest the adjusted B season apportionment.
    (4) Reallocation of the annual AI directed pollock fishery and AI 
CDQ allocations. As soon as practicable, if the Regional Administrator 
determines that vessels participating in either the AI directed pollock 
fishery or the AI CDQ directed pollock fishery likely will not harvest 
the entire AI directed pollock fishery or CDQ pollock directed fishing 
allowance, the Regional Administrator may reallocate some or

[[Page 70603]]

all of the projected unused directed pollock fishery allocation to the 
Bering Sea subarea directed pollock fishery or AI CDQ pollock directed 
fishing allowance to the Bering Sea subarea CDQ pollock directed 
fishing allowance by publication in the Federal Register.
    (5) Allocations to small vessels. The annual allocation for vessels 
60 feet (18.3 m) LOA or less participating in the AI directed pollock 
fishery will be:
    (i) No more than 25 percent of the AI directed pollock fishery 
allocation through 2008;
    (ii) No more than 50 percent of the AI directed pollock fishery 
allocation from 2009 through 2012; and
    (iii) 50 percent of the AI directed pollock fishery allocation in 
2013 and beyond.
    (iv) * * *
    (B) GOA Western and Central Regulatory Areas seasonal 
apportionments. Each apportionment established under paragraph 
(a)(5)(iv)(A) of this section will be divided into four seasonal 
apportionments corresponding to the four fishing seasons specified in 
Sec.  679.23(d)(2) as follows: * * *
    (6) * * *
    (i) The apportionment of pollock in all GOA regulatory areas for 
each seasonal allowance described in paragraph (a)(5)(iv) of this 
section will be allocated entirely to vessels harvesting pollock for 
processing by the inshore component in the GOA after subtraction of an 
amount that is projected by the Regional Administrator to be caught by, 
or delivered to, the offshore component in the GOA incidental to 
directed fishing for other groundfish species.
* * * * *
    8. In Sec.  679.21, paragraphs (e)(1)(vii) and (e)(7)(viii) are 
revised and paragraph (e)(1)(ix) is added to read as follows:


Sec.  679.21  Prohibited species bycatch management.

* * * * *
    (e) * * *
    (1) * * *
    (vii) Chinook salmon. The trawl closures identified in paragraph 
(e)(7)(viii) of this section will take effect when the Regional 
Administrator determines that the PSC limit of 29,000 Chinook salmon 
caught while harvesting pollock in the BS between January 1 and 
December 31 is attained.
* * * * *
    (ix) AI Chinook salmon. The trawl closures identified in paragraph 
(e)(7)(viii) of this section will take effect when the Regional 
Administrator determines that the AI PSC limit of 700 Chinook salmon 
caught while harvesting pollock in the AI between January 1 and 
December 31 is attained.
* * * * *
    (7) * * *
    (viii) Chinook salmon. If, during the fishing year, the Regional 
Administrator determines that catch of Chinook salmon by vessels using 
trawl gear while directed fishing for pollock in the BSAI will reach 
the annual limits, as identified in paragraphs (e)(1)(vii) and 
(e)(1)(ix) of this section, NMFS, by notification in the Federal 
Register will close the Chinook Salmon Savings Areas, as defined in 
Figure 8 to this part, to directed fishing for pollock with trawl gear 
as follows:
    (A) For the BS Chinook salmon PSC limit under paragraph (e)(1)(vii) 
of this section, area 1 and area 2 in Figure 8 to this part will be 
closed on the following dates:
    (1) From the effective date of the closure until April 15, and from 
September 1 through December 31, if the Regional Administrator 
determines that the annual limit of BS Chinook salmon will be attained 
before April 15.
    (2) From September 1 through December 31, if the Regional 
Administrator determines that the annual limit of BS Chinook salmon 
will be attained after April 15.
    (B) For the AI Chinook salmon limit under paragraph (e)(1)(ix) of 
this section, area 1 in Figure 8 to this part will be closed on the 
following dates:
    (1) From the effective date of the closure until April 15, and from 
September 1 through December 31, if the Regional Administrator 
determines that the annual limit of AI Chinook salmon will be attained 
before April 15.
    (2) From September 1 through December 31, if the Regional 
Administrator determines that the annual limit of AI Chinook salmon 
will be attained after April 15.
* * * * *
    9. In Sec.  679.23, paragraph (e)(2) is revised to read as follows:


Sec.  679.23  Seasons.

* * * * *
    (e) * * *
    (2) Directed fishing for pollock in the Bering Sea subarea by 
inshore, offshore catcher/processor, and mothership components, in the 
AI directed pollock fishery, and pollock CDQ fisheries. Subject to 
other provisions of this part, directed fishing for pollock by vessels 
catching pollock for processing by the inshore component, catcher/
processors in the offshore component, and motherships in the offshore 
component in the Bering Sea subarea, directed fishing for pollock in 
the AI directed pollock fishery, or directed fishing for CDQ pollock in 
the BSAI is authorized only during the following two seasons:
    (i) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., June 10; and
    (ii) B season. From 1200 hours, A.l.t., June 10 through 1200 hours, 
A.l.t., November 1.
* * * * *
    10. In Sec.  679.28, paragraph (g)(2) and the first sentence of 
paragraph (g)(3) are revised to read as follows:


Sec.  679.28  Equipment and operational requirements.

* * * * *
    (g) * * *
    (2) Who is required to prepare and submit a CMCP for approval? The 
owner and manager of an AFA inshore processor or the owner and manager 
of a shoreside or stationary floating processor processing pollock 
harvested in the AI directed pollock fishery are required to prepare 
and submit a CMCP which must be approved by NMFS prior to the receipt 
of pollock harvested in the BSAI directed pollock fishery.
    (3) How is a CMCP approved by NMFS? NMFS will approve a CMCP if it 
meets all the requirements specified in paragraph (g)(7) of this 
section. * * *
* * * * *
    11. In Sec.  679.50, paragraphs (c)(2)(i), (c)(5) paragraph 
heading, and (e)(1) are revised and paragraph (c)(5)(i)(C) is added to 
read as follows:


Sec.  679.50  Groundfish Observer Program applicable through December 
31, 2007.

* * * * *
    (c) * * *
    (2) * * *
    (i) Pollock fishery. In a retained catch of pollock that is greater 
than the retained catch of any other groundfish species or species 
group that is specified as a separate groundfish fishery under this 
paragraph (c)(2) and in a retained catch of pollock harvested in the AI 
directed pollock fishery.
* * * * *
    (5) AFA and AI directed pollock fishery catcher/processors and 
motherships -- * * *
    (i) * * *
    (C) AI directed pollock fishery catcher/processors and motherships. 
A catcher/processor participating in the AI directed pollock fishery or 
a mothership processing pollock harvested in the AI directed pollock 
fishery must have on board at least two NMFS-certified observers, at 
least one of which must be certified as a lead level 2 observer, for 
each day that the vessel is used to harvest, process, or take 
deliveries of

[[Page 70604]]

groundfish. More than two observers are required if the observer 
workload restriction at paragraph (c)(5)(ii) of this section would 
otherwise preclude sampling as required under Sec.  679.63(a)(1).
* * * * *
    (e) * * *
    (1) Any vessel, shoreside processor, or stationary floating 
processor required to comply with observer coverage requirements under 
paragraphs (c) or (d) of this section or under Sec.  679.7(f)(4) or a 
catcher vessel less than 60 ft (18.3 m) LOA that is participating in 
the AI directed pollock fishery must use, upon written notification by 
the Regional Administrator, NMFS' staff or an individual authorized by 
NMFS to satisfy observer coverage requirements as specified in 
paragraphs (c) and (d) of this section or for other conservation and 
management purpose.
* * * * *
    12. In Subpart F, the subpart heading is revised to read as 
follows:

Subpart F--American Fisheries Act and Aleutian Island Directed 
Pollock Fishery Management Measures

    13. Section 679.60 is revised to read as follows:


Sec.  679.60  Authority and related regulations.

    Regulations under this subpart were developed by the National 
Marine Fisheries Service and the North Pacific Fishery Management 
Council to implement the American Fisheries Act (AFA) [Div. C, Title 
II, Subtitle II, Public Law 105-277, 112 Stat. 2681 (1998)] and the 
Consolidated Appropriations Act of 2004 (Public Law 108-199, Sec. 803). 
Additional regulations in this part that implement specific provisions 
of the AFA and Public Law 108-199, Sec. 803 are set out at Sec. Sec.  
679.2 Definitions, 679.4 Permits, 679.5 Recordkeeping and reporting, 
679.7 Prohibitions, 679.20 General limitations, 679.21 Prohibited 
species bycatch management, 679.28 Equipment and operational 
requirements for Catch Weight Measurement, 679.31 CDQ reserves, and 
679.50 Groundfish observer program.
    Regulations developed by the Department of Transportation to 
implement provisions of the AFA are found at 50 CFR part 356.
    14. In Sec.  679.61, paragraphs (b), (d)(3), and (g) are revised to 
read as follows:


Sec.  679.61  Formation and operation of fishery cooperatives.

* * * * *
    (b) Who must comply this section? Any fishery cooperative formed 
under section 1 of the Fisherman's Collective Marketing Act 1934 (15 
U.S.C. 521) for the purpose of cooperatively managing directed fishing 
for BS subarea pollock must comply with the provisions of this section. 
The owners and operators of all the member vessels that are signatories 
to a fishery cooperative are jointly and severally responsible for 
compliance with the requirements of this section.
* * * * *
    (d) * * *
    (3) What is the deadline for filing? The contract or renewal letter 
and supporting materials must be received by NMFS and by the Council at 
least 30 days prior to the start of any fishing activity conducted 
under the terms of the contract. In addition, an inshore cooperative 
that is also applying for an allocation of BS subarea pollock under 
Sec.  679.62 must file its contract, any amendments hereto, and 
supporting materials no later than December 1 of the year prior to the 
year in which fishing under the contract will occur.
* * * * *
    (g) Landing tax payment deadline. You must pay any landing tax owed 
to the State of Alaska under section 210(f) of the AFA and paragraph 
(e)(1)(v) of this section before April 1 of the following year, or the 
last day of the month following the date of publication of statewide 
average prices by the Alaska State Department of Revenue, whichever is 
later. All members of the cooperative are prohibited from harvesting 
pollock in the BS subarea directed pollock fishery after the payment 
deadline if any member vessel has failed to pay all required landing 
taxes from any landings made outside the State of Alaska by the landing 
deadline. Members of the cooperative may resume directed fishing for 
pollock once all overdue landing taxes are paid.
    15. In Sec.  679.62, the introductory text in paragraph (a), and 
paragraphs (a)(2), (a)(3), (b)(2)(i), (b)(2)(ii), and (b)(3) are 
revised to read as follows:


Sec.  679.62  Inshore sector cooperative allocation program.

    (a) How will inshore sector cooperative allocations be made? An 
inshore catcher vessel cooperative that applies for and receives an AFA 
inshore cooperative fishing permit under Sec.  679.4(l)(6) will receive 
a sub-allocation of the annual BS subarea inshore sector directed 
fishing allowance. Each inshore cooperative's annual allocation 
amount(s) will be determined using the following procedure:
* * * * *
    (2) Conversion of individual vessel catch histories to annual 
cooperative quota share percentages. Each inshore pollock cooperative 
that applies for and receives an AFA inshore pollock cooperative 
fishing permit will receive an annual quota share percentage of pollock 
for the BS subarea that is equal to the sum of each member vessel's 
official AFA inshore cooperative catch history for the BS subarea 
divided by the sum of the official AFA inshore cooperative catch 
histories of all inshore-sector endorsed AFA catcher vessels. The 
cooperative's quota share percentage will be listed on the 
cooperative's AFA pollock cooperative permit.
    (3) Conversion of quota share percentage to TAC allocations. Each 
inshore pollock cooperative that receives a quota share percentage for 
a fishing year will receive an annual allocation of pollock that is 
equal to the cooperative's quota share percentage multiplied by the 
annual inshore BS subarea pollock allocation. Each cooperative's annual 
pollock TAC allocation may be published in the interim, and final BSAI 
TAC specifications notices.
    (b) * * *
    (2) * * *
    (i) Member vessels. All pollock caught by a member vessel while 
engaged in directed fishing for pollock in the BS subarea unless the 
vessel is under contract to another cooperative and the pollock is 
assigned to another cooperative.
    (ii) Contract vessels. All pollock contracted for harvest and 
caught by a vessel under contract to the cooperative under paragraph 
(c) of this section while the vessel was engaged in directed fishing 
for pollock in the BS subarea.
    (3) How must cooperative harvests be reported to NMFS? Each inshore 
pollock cooperative must report its BS subarea pollock harvest to NMFS 
on a weekly basis according to the recordkeeping and reporting 
requirements set out at Sec.  679.5(o).
* * * * *
    16. In Sec.  679.63, paragraph (c) is revised to read as follows:


Sec.  679.63  Catch weighing requirements for vessels and processors.

* * * * *
    (c) What are the requirements for AFA inshore processors? (1) Catch 
weighing. All groundfish landed by AFA catcher vessels engaged in 
directed fishing for pollock in the BS subarea must be sorted and 
weighed on a scale approved by the State of Alaska as described in 
Sec.  679.28(c), and be made available for sampling by a NMFS certified 
observer. The observer must be allowed to test any scale used to weigh 
groundfish in order to determine its accuracy.

[[Page 70605]]

    (2) Observer coverage and prior notification. The plant manager or 
plant liaison must notify the observer of the offloading schedule for 
each delivery of BS subarea pollock by an AFA catcher vessel at least 1 
hour prior to offloading. The plant manager must ensure that an 
observer monitors each delivery of BS subarea pollock from an AFA 
catcher vessel and is on site the entire time the delivery is being 
weighed or sorted.
    17. In Sec.  679.64, introductory paragraph of (a), paragraphs 
(a)(1)(i), (a)(2)(ii), (a)(4), introductory paragraph of (b), and 
introductory paragraph of (b)(3) are revised to read as follows:


Sec.  679.64  Harvesting sideboard limits in other fisheries.

    (a) Harvesting sideboards for listed AFA catcher/processors. The 
Regional Administrator will restrict the ability of listed AFA catcher/
processors to engage in directed fishing for non-pollock groundfish 
species to protect participants in other groundfish fisheries from 
adverse effects resulting from the AFA and from fishery cooperatives in 
the BS subarea directed pollock fishery.
    (1) * * *
    (i) Except for Aleutian Islands pollock, the Regional Administrator 
will establish annual AFA catcher/processor harvest limits for each 
groundfish species or species group in which a TAC is specified for an 
area or subarea of the BSAI as follows:
* * * * *
    (2) * * *
    (ii) If the amount of Pacific ocean perch calculated under 
paragraph (a)(2)(i) of this section is determined by the Regional 
Administrator to be insufficient to meet bycatch needs of AFA catcher/
processors in other directed fisheries for groundfish, the Regional 
Administrator will prohibit directed fishing for Aleutian Islands 
Pacific ocean perch by AFA catcher processors and establish the 
sideboard amount equal to the amount of Aleutian Islands Pacific ocean 
perch caught by AFA catcher processors incidental to directed fishing 
for other groundfish species.
* * * * *
    (4) * * *
    (i) Except as provided for in paragraphs (a)(1)(ii) through (a)(3) 
of this section, the harvest limit for each BSAI groundfish species or 
species group will be equal to the 1995 through 1997 aggregate retained 
catch of that species by catcher/processors listed in paragraphs 
208(e)(1) through (20) and section 209 of the AFA in non-pollock target 
fisheries divided by the sum of the catch of that species in 1995 
through 1997 multiplied by the TAC of that species available for 
harvest by catcher/ processors in the year in which the harvest limit 
will be in effect.
    (ii) If the amount of a species calculated under paragraph 
(a)(4)(i) of this section is determined by the Regional Administrator 
to be insufficient to meet bycatch needs for AFA catcher/processors in 
other directed fisheries for groundfish, the Regional Administrator 
will prohibit directed fishing for that species by AFA catcher 
processors and establish the sideboard amount equal to the amount of 
that species caught by AFA catcher processors incidental to directed 
fishing for other groundfish species.
* * * * *
    (b) The Regional Administrator will restrict the ability of AFA 
catcher vessels to engage in directed fishing for other groundfish 
species to protect participants in other groundfish fisheries from 
adverse effects resulting from the AFA and from fishery cooperatives in 
the BS subarea directed pollock fishery.
* * * * *
    (3) Except for Aleutian Islands pollock, the Regional Administrator 
will establish annual AFA catcher vessel harvest limits for each 
groundfish species or species group in which a TAC is specified for an 
area or subarea of the GOA and BSAI as follows:
* * * * *
    18. In Sec.  679.65, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  679.65  Crab processing sideboard limits.

    (a) What is the purpose of crab processing limits? The purpose of 
crab processing sideboard limits is to protect processors not eligible 
to participate in the BS subarea directed pollock fishery from adverse 
effects as a result of the AFA and the formation of fishery 
cooperatives in the BS subarea directed pollock fishery.
    (b) To whom do the crab processing sideboard limits apply? The crab 
processing sideboard limits in this section apply to any AFA inshore or 
mothership entity that receives pollock harvested in the BS directed 
pollock fishery by a fishery cooperative established under Sec.  . 
679.61 or Sec.  679.62.
* * * * *
[FR Doc. 04-26835 Filed 12-6-04; 8:45 am]
BILLING CODE 3510-22-S