[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Rules and Regulations]
[Pages 8979-8999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3582]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 112204A]


Fisheries of the Exclusive Economic Zone off Alaska; Bering Sea 
and Aleutian Islands; 2005 and 2006 Final Harvest Specifications for 
Groundfish

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

ACTION: 2005 and 2006 final harvest specifications for groundfish; 
apportionment of reserves; closures.

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SUMMARY: NMFS announces 2005 and 2006 final harvest specifications and 
prohibited species catch (PSC) allowances for the groundfish fishery of 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to establish harvest limits for groundfish during the 2005 
and 2006 fishing years and to accomplish the goals and objectives of 
the Fishery Management Plan for Groundfish of the Bering Sea and 
Aleutian Islands Management Area (FMP). The intended effect of this 
action is to conserve and manage the groundfish resources in the BSAI 
in accordance with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: The 2005 and 2006 final harvest specifications and associated 
apportionment of reserves are effective at 1200 hrs, Alaska local time 
(A.l.t.), February 24, 2005 through 2400 hrs, A.l.t., December 31, 
2006.

ADDRESSES: Copies of the Final Environmental Assessment (EA) and Final 
Regulatory Flexibility Analysis (FRFA) prepared for this action are 
available from Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, 
Attn: Lori Durall or from the Alaska Region Web site at http://www.fakr.noaa.gov. Copies of the final 2004 Stock Assessment and 
Fishery Evaluation (SAFE) report for the groundfish resources of the 
BSAI, dated November 2004, are available from the North Pacific Fishery 
Management Council (Council), West 4th Avenue, Suite 306, Anchorage, AK 
99510-2252 (907-271-2809) or from its Web site at http://www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228 or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Federal regulations at 50 CFR part 679 implement the FMP and govern 
the groundfish fisheries in the BSAI. The Council prepared the FMP, and 
NMFS approved it under the Magnuson-Stevens Act. General regulations 
governing U.S. fisheries also appear at 50 CFR part 600.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species and for the ``other species'' 
category, the sum of which must be within the optimum yield range of 
1.4 million to 2.0 million metric tons (mt) (see Sec.  
679.20(a)(1)(i)). Also specified are apportionments of TACs, and 
Community Development Quota (CDQ) reserve amounts, PSC allowances, and 
prohibited species quota (PSQ) reserve amounts. Regulations at Sec.  
679.20(c)(3) further require NMFS to consider public comment on the 
proposed annual TACs and apportionments thereof and the proposed PSC 
allowances, and to publish final harvest specifications in the Federal 
Register. The final harvest specifications set forth in Tables 1 
through 17 of this action satisfy these requirements. For 2005 and 
2006, the sum of TACs for each year is 2 million mt.
    The 2005 and 2006 proposed harvest specifications and PSC 
allowances for the groundfish fishery of the BSAI were published in the 
Federal Register on December 8, 2004 (69 FR 70974). Comments were 
invited and accepted through January 7, 2005. NMFS received three 
letters of comment on the proposed harvest specifications. These 
letters of comment are summarized and responded to in the Response to 
Comments section. NMFS consulted with the Council during the December 
2004 Council meeting in Anchorage, AK. After considering public 
comments, as well as biological and economic data that were available 
at the Council's December meeting, NMFS is implementing the 2005 and 
2006 final harvest specifications as recommended by the Council.
    Regulations at Sec.  679.20(c)(2)(ii) establish the interim amounts 
of each

[[Page 8980]]

proposed initial TAC (ITAC) and allocations thereof, of each CDQ 
reserve established by Sec.  679.20(b)(1)(iii), and of the proposed PSC 
allowances and PSQ reserves established by Sec.  679.21 that become 
available at 0001 hours, A.l.t., January 1, and remain available until 
superseded by the final harvest specifications. NMFS published the 2005 
interim harvest specifications in the Federal Register on December 23, 
2004 (69 FR 76870). Regulations at Sec.  679.20(c)(2)(ii) do not 
provide for an interim harvest specification for either the hook-and-
line or pot gear sablefish CDQ reserve or for sablefish managed under 
the Individual Fishing Quota (IFQ) program. The 2005 final harvest 
specifications, PSC allowances and PSQ reserves contained in this 
action supersede the 2005 interim harvest specifications.

Acceptable Biological Catch (ABC) and TAC Harvest Specifications

    The final ABC levels are based on the best available biological and 
socioeconomic information, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
technical methods used to calculate stock biomass. In general, the 
development of ABCs and overfishing levels (OFLs) involves 
sophisticated statistical analyses of fish populations and is based on 
a successive series of six levels, or tiers, of reliable information 
available to fishery scientists. Tier one represents the highest data 
quality and tier six the lowest level of data quality available.
    In December 2004, the Scientific and Statistical Committee (SSC), 
Advisory Panel (AP), and Council reviewed current biological 
information about the condition of groundfish stocks in the BSAI. This 
information was compiled by the Council's Plan Team and is presented in 
the final 2004 SAFE report for the BSAI groundfish fisheries, dated 
November 2004. The SAFE report contains a review of the latest 
scientific analyses and estimates of each species' biomass and other 
biological parameters, as well as summaries of the available 
information on the BSAI ecosystem and the economic condition of 
groundfish fisheries off Alaska. The SAFE report is available for 
public review (see ADDRESSES). From these data and analyses, the Plan 
Team estimates an ABC for each species or species category.
    In December 2004, the SSC, AP, and Council reviewed the Plan Team's 
recommendations. Except for pollock, atka mackerel, rock sole, and the 
``other species'' category, the SSC, AP, and Council endorsed the Plan 
Team's ABC recommendations. For the 2006 OFL and ABC recommendations 
for Atka mackerel, rock sole and Bering Sea pollock the SSC used a 
downward revised projection of catch that results in higher OFLs and 
ABCs. For Aleutian Islands pollock, the SSC recommended using tier 5 
management that calculates a lower ABC than the Plan Team's 
recommendation using tier 3 management. For Bogoslof pollock, the SSC 
recommended using a procedure that reduces the ABC proportionately to 
the ratio of current stock biomass to target stock biomass. For ``other 
species'', the SSC recommended using tier 6 management for the sharks 
and octopus species, that calculated lower ABCs, instead of the Plan 
Team's recommended tier 5 management. The Plan Team also recommended 
separate OFLs and ABCs for the species in the ``other species'' 
category, however, the current FMP specifies management at the group 
level. Since 1999, the SSC has recommended a procedure that moves 
gradually to a higher ABC for ``other species'' over a 10-year period 
instead of a large increase in one year. The 2005 and 2006 ABC amounts 
reflect the 7th and 8th years incremental increase in the ABC for 
``other species.'' For all species, the AP endorsed the ABCs 
recommended by the SSC, and the Council adopted them.
    The final TAC recommendations were based on the ABCs as adjusted 
for other biological and socioeconomic considerations, including 
maintaining the total TAC within the required optimum yield (OY) range 
of 1.4 million to 2.0 million mt. The Council adopted the AP's 2005 and 
2006 TAC recommendations, except for the 2005 rock sole, flathead sole, 
``other flatfish'', yellowfin sole, Alaska plaice, Bering Sea pollock 
and''other species''category. The Council increased TAC amounts for 
rock sole, flathead sole, ``other flatfish'' by 500 mt each and the 
yellowfin sole TAC by 3,200 mt. It decreased the Bering Sea subarea 
pollock TAC by 2,500 mt, the Alaska plaice TAC by 2,000 mt, and the 
``other species'' TAC by 200 mt. None of the Council's recommended TACs 
for 2005 or 2006 exceed the final 2005 or 2006 ABC for any species 
category. NMFS finds that the recommended OFLs, ABCs, and TACs are 
consistent with the biological condition of groundfish stocks as 
described in the 2004 SAFE report that was approved by the Council.

Other Rules Affecting the 2005 and 2006 Harvest Specifications

    Amendments 48/48 to the FMP and to the Fishery Management Plan for 
Groundfish of the Gulf of Alaska (GOA) were approved by NMFS on October 
12, 2004. The final rule implementing Amendments 48/48 was published 
November 8, 2004, (69 FR 64683). Amendments 48/48 revise the 
administrative process used to establish annual specifications for the 
groundfish fisheries of the GOA and the BSAI. The goals of Amendments 
48/48 in revising the harvest specifications process are to (1) manage 
fisheries based on the best scientific information available, (2) 
provide for adequate prior public review and comment on Council 
recommendations, (3) provide for additional opportunity for Secretarial 
review, (4) minimize unnecessary disruption to fisheries and public 
confusion, and (5) promote administrative efficiency.
    Based on the approval of Amendments 48/48, the Council recommended 
2005 and 2006 final harvest specifications for BSAI groundfish. The 
2006 harvest specifications will be updated in early 2006, when final 
harvest specifications for 2006 and new harvest specifications for 2007 
are implemented.
    In June 2004, the Council adopted Amendment 82 to the FMP. This 
amendment would establish a program for management of the Aleutian 
Islands (AI) directed pollock fishery. Section 803 of the Consolidated 
Appropriations Act of 2004 (CAA), Public Law (Pub. L.) No. 108-199, 
requires the AI directed pollock fishery to be allocated to the Aleut 
Corporation for economic development in Adak, Alaska. Prior to the CAA, 
the AI directed pollock fishery was managed pursuant to the American 
Fisheries Act (AFA), Pub. L. No. 105-277, Title II of Division C. The 
AFA allocated the AI directed pollock fishery to specific harvesters 
and processors named in the AFA. The CAA supersedes that portion of the 
AFA. Together, the CAA and the AFA effectively allocated the AI 
directed pollock fishery to the Aleut Corporation after subtraction of 
the CDQ directed fishing allowance and incidental catch allowance (ICA) 
from the AI pollock TAC. The implementation of section 803 of the CAA 
requires amending AFA provisions in the FMP and in the regulations at 
50 CFR part 679. This would be accomplished by Amendment 82 which was 
approved by the Secretary of Commerce on February 9, 2005.
    Until the regulations for Amendment 82 are effective, NMFS will 
prohibit the non-CDQ AI directed pollock fishery in the final harvest 
specifications for 2005 and 2006 based on statutory language of section 
803 of the CAA. The AI pollock TAC recommended by the Council under 
provisions of proposed

[[Page 8981]]

Amendment 82 are included in the 2005 and 2006 final harvest 
specifications to allow the Administrator, Alaska Region, NMFS, 
(Regional Administrator), to open the AI directed pollock fishery if 
and when the regulations for Amendment 82 are effective. As stated 
above, this prohibition is authorized by section 803 of the CAA, which 
prohibits fishing or processing of any part of the AI non-CDQ pollock 
allocation except with permission of the Aleut Corporation or its 
designated agent. For additional information, see the November 16, 
2004, notice of availability (69 FR 67107) and the December 7, 2004, 
proposed rule for Amendment 82 (69 FR 70589).

Changes From the 2005 and 2006 Proposed Harvest Specifications in the 
BSAI

    In October 2004, the Council's recommendations for the 2005 and 
2006 proposed harvest specifications (69 FR 70974, December 8, 2004) 
were based largely upon information contained in the final 2003 SAFE 
report for the BSAI groundfish fisheries, dated November 2003. The 
Council recommended that OFLs and ABCs for stocks in tiers 1 through 3 
be based on biomass projections as set forth in the 2003 SAFE report 
and estimates of groundfish harvests through the 2004 fishing year. For 
stocks in tiers 4 through 6, for which projections could not be made, 
the Council recommended that OFL and ABC levels be unchanged from 2004 
until the final 2004 SAFE report could be completed. The final 2004 
SAFE report (dated November 2004), which was not available when the 
Council made its recommendations in October 2004, contains the best and 
most recent scientific information on the condition of the groundfish 
stocks and was considered in December by the Council in making its 
recommendations for the 2005 and 2006 final harvest specifications. 
Based on the final 2004 SAFE report, the sum of the 2005 recommended 
final TACs for the BSAI (2,000,000 mt) is the same as the sum of the 
2005 proposed TACs. The sum of the 2006 recommended final TACs for the 
BSAI (2,000,000 mt) is 1,577 mt higher than the 2006 proposed TACs 
(1,998,423 mt). This represents a .08-percent increase overall. Those 
species for which the final 2005 TAC is lower than the proposed 2005 
TAC are Bogoslof pollock (decreased to 10 mt from 50 mt), Pacific cod 
(decreased to 206,000 mt from 215,952 mt), AI sablefish (decreased to 
2,620 mt from 2,790 mt), Alaska plaice (decreased to 8,000 mt from 
10,000 mt), and AI ``other rockfish'' (decreased to 590 mt from 634 
mt). Those species for which the final 2005 TAC is higher than the 
proposed 2005 TAC are Bering Sea pollock (increased to 1,478,500 from 
1,474,450 mt), Bering Sea sablefish (increased to 2,440 mt from 2,418 
mt), rock sole (increased to 41,500 mt from 41,450 mt), flathead sole 
(increased to 19,500 mt from 19,000 mt), ``other flatfish'' (increased 
to 3,500 mt from 3,000 mt), yellowfin sole (increased to 90,686 mt from 
86,075 mt), Pacific ocean perch (increased to 12,600 mt from 12,020 
mt), shortraker rockfish (increased to 596 mt from 526 mt), rougheye 
rockfish (increased to 223 from 195 mt), and ``other species'' 
(increased to 29,000 mt from 27,205 mt). Those species for which the 
final 2006 TAC is lower than the proposed 2006 TAC are Bogoslof pollock 
(decreased to 10 mt from 50 mt), Pacific cod (decreased to 195,000 mt 
from 215,500 mt), AI sablefish (decreased to 2,480 mt from 2,589 mt), 
Bering Sea greenland turbot (decreased to 2,500 mt from 2,700 mt), and 
AI ``other rockfish'' (decreased to 590 mt from 634). Those species for 
which the final 2006 TAC is higher than the proposed 2006 TAC are 
Bering Sea pollock (increased to 1,487,756 from 1,474,000 mt), Bering 
Sea sablefish (increased to 2,310 mt from 2,244 mt), rock sole 
(increased to 42,000 mt from 41,000 mt), flathead sole (increased to 
20,000 mt from 19,000 mt), yellowfin sole (increased to 90,000 mt from 
86,075 mt), Pacific ocean perch (increased to 12,600 mt from 12,170 
mt), shortraker rockfish (increased to 596 mt from 526 mt), rougheye 
rockfish (increased to 223 from 195 mt), and ``other species'' 
(increased to 29,200 mt from 27,205 mt). As mentioned in the 2005 and 
2006 proposed harvest specifications, NMFS is apportioning the amounts 
shown in Table 2 from the non-specified reserve to increase the ITAC of 
several target species.
    The 2005 and 2006 final TAC recommendations for the BSAI are within 
the OY range established for the BSAI and do not exceed ABCs for any 
single species/complexes. Compared to the 2005 proposed harvest 
specifications, the Council's 2005 final TAC recommendations increase 
fishing opportunities for fishermen and economic benefits to the nation 
for species for which the Council had sufficient information to raise 
TAC levels. These include Bering Sea pollock, Bering Sea sablefish, 
yellowfin sole, AI Pacific ocean perch, shortraker rockfish, rougheye 
rockfish, and ``other species.'' Conversely, the Council reduced TAC 
levels to provide greater protection for several species, these include 
Bogoslof pollock, Pacific cod, AI sablefish, Bering Sea Pacific ocean 
perch, AI ``other rockfish.'' The changes recommended by the Council 
were based on the best scientific information available, consistent 
with National Standard 2 of the Magnuson-Stevens Act, and within a 
reasonable range of variation from the proposed TAC recommendations so 
that the affected public was fairly apprized and could have made 
meaningful comments.
    Table 1 lists the 2005 and 2006 final OFL, ABC, TAC, ITAC and CDQ 
reserve amounts of groundfish in the BSAI. The apportionment of TAC 
amounts among fisheries and seasons is discussed below.

[[Page 8982]]



  Table 1.--2005 and 2006 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ Reserve Allocation of Groundfish in the BSAI.\1\
                                                                                  [Amounts are in metric tons]
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                                                                                              2005                                                             2006
                Species                          Area          ---------------------------------------------------------------------------------------------------------------------------------
                                                                    OFL          ABC          TAC        ITAC \2\     CDQ \3\        OFL          ABC          TAC        ITAC \2\     CDQ \3\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\...........................  BS \2\................    2,100,000    1,960,000    1,478,500    1,330,650      147,850    1,944,000    1,617,000    1,487,756    1,338,980      148,776
                                        AI \2\................       39,100       29,400       19,000       17,100        1,900       39,100       29,400       19,000       17,100        1,900
                                        Bogoslof..............       39,600        2,570           10           10  ...........       39,600        2,570           10           10  ...........
Pacific cod...........................  BSAI..................      265,000      206,000      206,000      175,100       15,450      226,000      195,000      195,000      165,750       14,625
Sablefish \5\.........................  BS....................        2,950        2,440        2,440        2,013          336        2,690        2,310        2,310          982           87
                                        AI....................        3,170        2,620        2,620        2,129          442        2,880        2,480        2,480          527           47
Atka mackerel.........................  BSAI..................      147,000      124,000       63,000       53,550        4,725      127,000      107,000       63,000       53,550        4,725
                                        EAI/BS................  ...........       24,550        7,500        6,375          563  ...........       21,190        7,500        6,375          563
                                        CAI...................  ...........       52,830       35,500       30,175        2,663  ...........       45,580       35,500       30,175        2,663
                                        WAI...................  ...........       46,620       20,000       17,000        1,500  ...........       40,230       20,000       17,000        1,500
Yellowfin sole........................  BSAI..................      148,000      124,000       90,686       77,083        6,801      133,000      114,000       90,000       76,500        6,750
Rock sole.............................  BSAI..................      157,000      132,000       41,500       35,275        3,113      145,000      122,000       42,000       35,700        3,150
Greenland turbot......................  BSAI..................       19,200        3,930        3,500        2,975          263       11,100        3,600        3,500        2,975          263
                                        BS....................  ...........        2,720        2,700        2,295          203  ...........        2,500        2,500        2,125          188
                                        AI....................  ...........        1,210          800          680           60  ...........        1,100        1,000          850           75
Arrowtooth flounder...................  BSAI..................      132,000      108,000       12,000       10,200          900      103,000       88,400       12,000       10,200          900
Flathead sole.........................  BSAI..................       70,200       58,500       19,500       16,575        1,463       56,100       48,400       20,000       17,000        1,500
Other flatfish \6\....................  BSAI..................       28,500       21,400        3,500        2,975          263       28,500       21,400        3,000        2,550          225
Alaska plaice.........................  BSAI..................      237,000      189,000        8,000        6,800          600      115,000      109,000       10,000        8,500          750
Pacific ocean perch...................  BSAI..................       17,300       14,600       12,600       10,710          945       17,408       14,600       12,600       10,710          945
                                        BS....................  ...........        2,920        1,400        1,190          105  ...........        2,920        1,400        1,190          105
                                        EAI...................  ...........        3,210        3,080        2,618          231  ...........        3,210        3,080        2,618          231
                                        CAI...................  ...........        3,165        3,035        2,580          228  ...........        3,165        3,035        2,580          228
                                        WAI...................  ...........        5,305        5,085        4,322          381  ...........        5,305        5,085        4,322          381
Northern rockfish.....................  BSAI..................        9,810        8,260        5,000        4,250          375        9,480        8,040        5,000        4,250          375
Shortraker rockfish...................  BSAI..................          794          596          596          507           45          794          596          596          507           45
Rougheye rockfish.....................  BSAI..................          298          223          223          190           17          298          223          223          190           17
Other rockfish \7\....................  BSAI..................        1,870        1,400        1,050          893           79        1,870        1,400        1,050          893           79
                                        BS....................  ...........          810          460          391           35  ...........          810          460          391           35
                                        AI....................  ...........          590          590          502           44  ...........          590          590          502           44
Squid.................................  BSAI..................        2,620        1,970        1,275        1,084  ...........        2,620        1,970        1,275        1,084  ...........
Other species \8\.....................  BSAI..................       87,920       53,860       29,000       24,650        2,175       87,920       57,870       29,200       24,820        2,190
                                       -------------------------
    Total.............................  ......................    3,509,332    3,044,769    2,000,000    1,774,719      186,608    3,093,360    2,547,259    2,000,000    1,772,778     187,350
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\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS)
  subarea includes the Bogoslof District.
\2\ Except for pollock and the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC is put into a reserve. The ITAC for each species is the remainder of
  the TAC after the subtraction of these reserves.
\3\ Except for pollock, squid and the hook-and-line or pot gear allocation of sablefish, one half of the amount of the TACs placed in reserve, or 7.5 percent of the TACs, is designated as a
  CDQ reserve for use by CDQ participants (see Sec.  Sec.   679.20(b)(1)(iii) and 679.31).
\4\ Under Sec.   679.20(a)(5)(i)(A)(1), the annual Bering Sea pollock TAC after subtraction for the CDQ directed fishing allowance--10 percent and the ICA--3.35 percent, is further allocated
  by sector for a directed pollock fishery as follows: inshore--50 percent; catcher/processor--40 percent; and motherships--10 percent. Under regulations that would be effective with the final
  rule implementing Amendment 82, the annual AI pollock TAC, after first subtracting for the CDQ directed fishing allowance--10 percent and second the ICA--2,000 mt, would be allocated to the
  Aleut Corporation for a directed pollock fishery.
\5\ Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear and 7.5 percent of the sablefish TAC allocated to trawl gear is reserved for use by CDQ participants (see
  Sec.   679.20(b)(1)(iii)).
\6\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder and Alaska
  plaice.
\7\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
\8\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec.   679.2, are not included in the ``other species'' category.


[[Page 8983]]

Reserves and the Incidental Catch Allowance (ICA) for Pollock

    Regulations at Sec.  679.20(b)(1)(i) require that 15 percent of the 
TAC for each target species or species group, except for pollock and 
the hook-and-line and pot gear allocation of sablefish, be placed in a 
non-specified reserve. Regulations at Sec.  679.20(b)(1)(iii) require 
that one-half of each TAC amount placed in the non-specified reserve 
(7.5 percent), with the exception of squid, be allocated to the 
groundfish CDQ reserve and that 20 percent of the hook-and-line and pot 
gear allocation of sablefish be allocated to the fixed gear sablefish 
CDQ reserve. Regulations at Sec.  679.20(a)(5)(i)(A) also require that 
10 percent of the BSAI pollock TACs be allocated to the pollock CDQ 
directed fishing allowance. The entire Bogoslof District pollock TAC is 
allocated as an ICA (see Sec.  679.20(a)(5)(ii)). With the exception of 
the hook-and-line and pot gear sablefish CDQ reserve, the regulations 
do not further apportion the CDQ reserves by gear. Regulations at Sec.  
679.21(e)(1)(i) also require that 7.5 percent of each PSC limit, with 
the exception of herring, be withheld as a PSQ reserve for the CDQ 
fisheries. Regulations governing the management of the CDQ and PSQ 
reserves are set forth at Sec. Sec.  679.30 and 679.31.
    Under regulations at Sec.  679.20(a)(5)(i)(A)(1), NMFS allocates a 
pollock ICA of 3.35 percent of the Bering Sea subarea pollock TAC after 
subtraction of the 10 percent CDQ reserve. This allowance is based on 
an examination of the incidental catch of pollock, including CDQ 
vessels, in target fisheries other than pollock from 1998 through 2004. 
During this 6-year period, the incidental catch of pollock ranged from 
a low of 2 percent in 2003, to a high of 5 percent in 1999, with a 6-
year average of 3 percent. Under regulations that would be effective 
with the final rule implementing Amendment 82, NMFS is specifying a 
2,000 mt ICA for AI subarea pollock after subtraction of the 10 percent 
CDQ directed fishing allowance. The Aleut Corporation's directed 
pollock fishing allowance will be closed until regulations implementing 
Amendment 82 (if approved) become effective.
    The regulations do not designate the remainder of the non-specified 
reserve by species or species group, and any amount of the reserve may 
be apportioned to a target species or to the ``other species'' category 
during the year, providing that such apportionments do not result in 
overfishing, see Sec.  679.20(b)(1)(ii). The Regional Administrator has 
determined that the ITACs specified for the species listed in Table 2 
need to be supplemented from the non-specified reserve because U.S. 
fishing vessels have demonstrated the capacity to catch the full TAC 
allocations. Therefore, in accordance with Sec.  679.20(b)(3), NMFS is 
apportioning the amounts shown in Table 2 from the non-specified 
reserve to increase the ITAC to an amount that is equal to TAC minus 
the CDQ reserve.

                           Table 2.--2005 Apportionment of Reserves to ITAC Categories
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                  2005                      2006
                  Species--area or subarea                      reserve    2005  final    reserve     2006 final
                                                                 amount        ITAC        amount        ITAC
----------------------------------------------------------------------------------------------------------------
Atka mackerel--Eastern Aleutian District and Bering Sea               563        6,938          563        6,938
 subarea....................................................
Atka mackerel--Central Aleutian District....................        2,663       32,838        2,663       32,838
Atka mackerel--Western Aleutian District....................        1,500       18,500        1,500       18,500
Pacific ocean perch--Eastern Aleutian District..............          231        2,849          231        2,849
Pacific ocean perch--Central Aleutian District..............          228        2,808          228        2,808
Pacific ocean perch--Western Aleutian District..............          381        4,703          381        4,703
Pacific cod--BSAI...........................................       15,450      190,550       14,625      180,375
Shortraker rockfish-BSAI....................................           45          552           45          552
Rougheye rockfish-BSAI......................................           17          207           17          207
Northern rockfish-BSAI......................................          375        4,625          375        4,625
Other rockfish--Bering Sea subarea..........................           35          426           35          426
                                                             --------------
    Total...................................................       21,488      264,996       20,663      254,821
----------------------------------------------------------------------------------------------------------------

Allocation of Pollock TAC Under the AFA

    Regulations at Sec.  679.20(a)(5)(i)(A), require, after subtracting 
first the 10 percent for the CDQ program and second the 3.35 percent 
for the ICA, the Bering Sea subarea pollock to be allocated as a 
directed fishing allowance (DFA) as follows: 50 percent to the inshore 
component, 40 percent to the catcher/processor component, and 10 
percent to the mothership component. In the Bering Sea subarea, the A 
season, January 20--June 10, is allocated 40 percent of the DFA and the 
B season, June 10--November 1, is allocated 60 percent of the DFA. The 
AI directed pollock fishery allocation to the Aleut Corporation remains 
after subtracting first the 10 percent for the CDQ DFA and second the 
2,000 mt for the ICA. The Aleut Corporation directed pollock fishery is 
closed to directed fishing until the management provisions for the AI 
directed pollock fishery become effective under Amendment 82. In the AI 
subarea, the A season is allocated 40 percent of the ABC and the B 
season is allocated the remainder of the directed pollock fishery. 
Table 3 lists these 2005 and 2006 amounts.
    The regulations also contain several specific requirements 
concerning pollock and pollock allocations under Sec.  
679.20(a)(5)(i)(A)(4). First, 8.5 percent of the pollock allocated to 
the catcher/processor sector will be available for harvest by AFA 
catcher vessels with catcher/processor sector endorsements, unless the 
Regional Administrator receives a cooperative contract that provides 
for the distribution of harvest between AFA catcher/processors and AFA 
catcher vessels in a manner agreed to by all members. Second, AFA 
catcher/processors not listed in the AFA are limited to harvesting not 
more than 0.5 percent of the pollock allocated to the catcher/processor 
sector. Table 3 lists the 2005 and 2006 allocations of pollock TAC. 
Tables 10 through 17 list other provisions of the AFA, including 
inshore pollock cooperative allocations and listed catcher/processor 
and catcher vessel harvesting sideboard limits.
    Table 3 also lists seasonal apportionments of pollock and harvest 
limits within the Steller Sea Lion Conservation Area (SCA). The harvest 
within the SCA, as defined at

[[Page 8984]]

Sec.  679.22(a)(7)(vii), is limited to 28 percent of the annual 
directed fishing allowance (DFA) until April 1. The remaining 12 
percent of the 40 percent of the annual DFA allocated to the A season 
may be taken outside of the SCA before April 1 or inside the SCA after 
April 1. If the 28 percent of the annual DFA is not taken inside the 
SCA before April 1, the remainder is available to be taken inside the 
SCA after April 1. The A season pollock SCA harvest limit will be 
apportioned to each sector in proportion to each sector's allocated 
percentage of the DFA. Table 3 lists by sector these 2005 and 2006 
amounts.

       Table 3.--2005 and 2006 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   2005 A season \1\        2005 B                     2006 A season \1\        2006 B
                                                      2005    --------------------------  season \1\      2006    --------------------------  season \1\
                 Area and sector                  Allocations    A season   SCA harvest    B season   Allocations    A season   SCA harvest    B season
                                                                   DFA       limit \2\       DFA                       DFA       limit \2\       DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea..............................    1,478,500  ...........  ...........  ...........    1,487,756  ...........  ...........  ...........
CDQ DFA.........................................      147,850       59,140       41,398       88,710      148,776       59,510       41,657       89,265
ICA \1\.........................................       44,577  ...........  ...........  ...........       44,856  ...........  ...........  ...........
AFA Inshore.....................................      643,037      257,215      180,050      385,822      647,062      258,825      181,177      388,237
AFA Catcher/Processors \3\......................      514,429      205,772      144,040      308,658      517,650      207,060      144,942      310,590
    Catch by C/Ps...............................      470,703      188,281  ...........      282,422      473,650      189,460  ...........      284,190
    Catch by CVs \3\............................       43,726       17,491  ...........       26,236       44,000       17,600  ...........       26,400
        Unlisted C/P Limit \4\..................        2,572        1,029  ...........        1,543        2,588        1,035  ...........        1,553
AFA Motherships.................................      128,607       51,443       36,010       77,164      129,412       51,765       36,235       77,647
Excessive Harvesting Limit \5\..................      225,063  ...........  ...........  ...........      226,472  ...........  ...........  ...........
Excessive Processing Limit \6\..................      385,822  ...........  ...........  ...........      388,237  ...........  ...........  ...........
    Total Bering Sea DFA........................    1,478,500      573,569      401,499      860,354    1,487,756      577,160      404,012      865,740
                                                 --------------
Aleutian Islands subarea \1\....................       19,000  ...........  ...........  ...........       19,000  ...........  ...........  ...........
    CDQ DFA.....................................        1,900          760  ...........        1,140        1,900          760  ...........        1,140
    ICA.........................................        2,000        1,200  ...........          800        2,000        1,200  ...........          800
    Aleut Corporation...........................       15,100        9,800  ...........        5,300       15,100        9,800  ...........        5,300
                                                 --------------
Bogoslof District ICA \7\.......................           10  ...........  ...........  ...........           10  ...........  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Under Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock after subtraction for the CDQ DFA--10 percent and the ICA--3.35 percent, the pollock
  TAC is allocated as a DFA as follows: inshore component--50 percent, catcher/processor component--40 percent, and mothership component--10 percent. In
  the Bering Sea subarea, the A season, January 20-June 10, is allocated 40 percent of the DFA and the B season, June 10-November 1 is allocated 60
  percent of the DFA. The Aleutian Islands (AI) directed pollock fishery allocation to the Aleut Corporation remains after first subtracting for the CDQ
  DFA--10 percent and second the ICA--2,000 mt. The Aleut Corporation directed pollock fishery is closed to directed fishing until the management
  provisions for the AI directed pollock fishery become effective under Amendment 82. In the AI subarea, the A season is allocated 40 percent of the ABC
  and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of
  the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA
  is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.
\3\ Under Sec.   679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only
  by eligible catcher vessels delivering to listed catcher/processors.
\4\ Under Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
  processors sector's allocation of pollock.
\5\ Under Sec.   679.20(a)(5)(i)(A)(6) NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock DFAs.
\6\ Under Sec.   679.20(a)(5)(i)(A)(7) NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock DFAs.
\7\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only, and are
  not apportioned by season or sector.

Allocation of the Atka Mackerel ITAC

    Under Sec.  679.20(a)(8)(i), up to 2 percent of the Eastern 
Aleutian District and the Bering Sea subarea Atka mackerel ITAC may be 
allocated to jig gear. The amount of this allocation is determined 
annually by the Council based on several criteria, including the 
anticipated harvest capacity of the jig gear fleet. The Council 
recommended, and NMFS approved, a 1 percent allocation of the Atka 
mackerel ITAC in the Eastern Aleutian District and the Bering Sea 
subarea to the jig gear in 2005 and 2006. Based on an ITAC and a 
reserve apportionment which together total 6,938 mt, the jig gear 
allocation is 69 mt.
    Regulations at Sec.  679.20(a)(8)(ii)(A) apportion the Atka 
mackerel ITAC into two equal seasonal allowances. After subtraction of 
the jig gear allocation, the first seasonal allowance is made available 
for directed fishing from January 1 (January 20 for trawl gear) to 
April 15 (A season), and the second seasonal allowance is made 
available from September 1 to November 1 (B season) (see Table 4).
    Under Sec.  679.20(a)(8)(ii)(C)(1), the Regional Administrator will 
establish a harvest limit area (HLA) limit of no more than 60 percent 
of the seasonal TAC for the Western and Central Aleutian Districts. A 
lottery system is used for the HLA Atka mackerel directed fisheries to 
reduce the amount of daily catch in the HLA by about half and to 
disperse the fishery over two districts, see Sec.  679.20(a)(8)(iii).

[[Page 8985]]



                 Table 4.--2005 and 2006 Seasonal and Spatial Allowances, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    Seasonal allowances \2\
                                                                                                     ---------------------------------------------------
                                                    2005 and       CDQ      CDQ reserve                     A season \3\              B season \3\
              Subarea and component                 2006 TAC     reserve      HLA limit      ITAC    ---------------------------------------------------
                                                                                \4\                                 HLA limit                 HLA limit
                                                                                                         Total         \4\         Total         \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western AI District.............................       20,000        1,500          900       18,500        9,250        5,550        9,250        5,550
Central AI District.............................       35,500        2,663        1,598       32,838       16,419        9,851       16,419        9,851
EAI/BS subarea \5\..............................        7,500          563  ...........        6,938  ...........  ...........  ...........  ...........
Jig (1%) \6\....................................  ...........  ...........  ...........           69  ...........  ...........  ...........  ...........
Other gear (99%)................................  ...........  ...........  ...........        6,868        3,434  ...........        3,434  ...........
                                                 --------------
    Total.......................................       63,000        4,725  ...........       58,275       29,103  ...........       29,103  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Regulations at Sec.  Sec.   679.20(a)(8)(ii) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
\2\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\3\ The A season is January 1 (January 20 for trawl gear) to April 15 and the B season is September 1 to November 1.
\4\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec.   679.2). In
  2005 and 2006, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
\5\ Eastern Aleutian District and the Bering Sea subarea.
\6\ Regulations at Sec.   679.20 (a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea ITAC be allocated to
  jig gear. The amount of this allocation is 1 percent. The jig gear allocation is not apportioned by season.

Allocation of the Pacific Cod ITAC

    Under Sec.  679.20(a)(7)(i)(A), 2 percent of the Pacific cod ITAC 
is allocated to vessels using jig gear, 51 percent to vessels using 
hook-and-line or pot gear, and 47 percent to vessels using trawl gear. 
Under regulations at Sec.  679.20(a)(7)(i)(B), the portion of the 
Pacific cod ITAC allocated to trawl gear is further allocated 50 
percent to catcher vessels and 50 percent to catcher/processors. Under 
regulations at Sec.  679.20(a)(7)(i)(C)(1), a portion of the Pacific 
cod ITAC allocated to hook-and-line or pot gear is set aside as an ICA 
of Pacific cod in directed fisheries for groundfish using these gear 
types. Based on anticipated incidental catch in these fisheries, the 
Regional Administrator specifies an ICA of 500 mt. The remainder of 
Pacific cod ITAC is further allocated to vessels using hook-and-line or 
pot gear as the following DFAs: 80 percent to hook-and-line catcher/
processors, 0.3 percent to hook-and-line catcher vessels, 3.3 percent 
to pot catcher/processors, 15 percent to pot catcher vessels, and 1.4 
percent to catcher vessels under 60 feet (18.3 m) length overall (LOA) 
using hook-and-line or pot gear.
    Due to concerns about the potential impact of the Pacific cod 
fishery on Steller sea lions and their critical habitat, the 
apportionment of the ITAC disperses the Pacific cod fisheries into two 
seasonal allowances (see Sec. Sec.  679.20(a)(7)(iii)(A) and 
679.23(e)(5)). For pot and most hook-and-line gear, the first seasonal 
allowance of 60 percent of the ITAC is made available for directed 
fishing from January 1 to June 10, and the second seasonal allowance of 
40 percent of the ITAC is made available from June 10 (September 1 for 
pot gear) to December 31. No seasonal harvest constraints are imposed 
for the Pacific cod fishery by catcher vessels less than 60 feet (18.3 
m) LOA using hook-and-line or pot gear. For trawl gear, the first 
season is January 20 to April 1 and is allocated 60 percent of the 
ITAC. The second season, April 1 to June 10, and the third season, June 
10 to November 1, are each allocated 20 percent of the ITAC. The trawl 
catcher vessel allocation is further allocated as 70 percent in the 
first season, 10 percent in the second season and 20 percent in the 
third season. The trawl catcher/processor allocation is allocated 50 
percent in the first season, 30 percent in the second season, and 20 
percent in the third season. For jig gear, the first season and third 
seasons are each allocated 40 percent of the ITAC and the second season 
is allocated 20 percent of the ITAC. Table 5 lists the 2005 and 2006 
allocations and seasonal apportionments of the Pacific cod ITAC. In 
accordance with Sec. Sec.  679.20(a)(7)(ii)(D) and 
679.20(a)(7)(iii)(B), any unused portion of a seasonal Pacific cod 
allowance will become available at the beginning of the next seasonal 
allowance.

                                                    Table 5.--2005 and 2006 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod ITAC
                                                                                  [Amounts are in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    2005        2005       2005       2005 Seasonal  apportionment \1\      2006        2006       2006       2006 Seasonal  apportionment \1\
                                                  Share of   Subtotoal   Share of --------------------------------------- Share of    Subtotal   Share of --------------------------------------
              Gear sector                Percent    gear    percentages    gear                                             gear    percentages    gear
                                                   sector     for gear    sector               Date              Amount    sector     for gear    sector               Date              Amount
                                                    total     sectors      total                                            total     sectors      total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total hook-and-line/pot gear..........        51    97,181  ...........  ........  ...........................  ........    91,991  ...........  ........  ...........................  ........
Hook-and-line/pot ICA.................  ........  ........  ...........       500  ...........................  ........  ........  ...........       500  ...........................  ........
Hook-and-line/pot subtotal............  ........    96,681  ...........  ........  ...........................  ........    91,491  ...........  ........  ...........................  ........
Hook-and-line C/P.....................  ........  ........          80     77,344  Jan 1-Jun 10...............    46,407  ........          80     73,193  Jan 1-Jun 10...............    43,916
                                                                                   Jun 10-Dec 31..............    30,938  ........  ...........  ........  Jun 10-Dec 31..............    29,277
Hook-and-line CV......................  ........  ........         0.3        290  Jan 1-Jun 10...............       174  ........         0.3        274  Jan 1-Jun..................       165
                                                                                   Jun 10-Dec 31..............       116  ........  ...........  ........  ...........................       110
Pot C/P...............................  ........  ........         3.3      3,190  Jan 1-Jun 10...............     1,914  ........         3.3      3,019  Jan 1-Jun 10...............     1,812
                                                                                   Sept 1-Dec 31..............     1,276  ........  ...........  ........  Sept 1-Dec 31..............     1,208
Pot CV................................  ........  ........          15     14,502  Jan 1-Jun 10...............     8,701  ........          15     13,724  Jan 1-Jun 10...............     8,234
                                                                                   Sept 1-Dec 31..............     5,801  ........  ...........  ........  Sept 1-Dec 31..............     5,489

[[Page 8986]]

 
CV < 60 feet LOA using Hook-and-line    ........  ........         1.4      1,354  ...........................  ........  ........         1.4      1,281  ...........................  ........
 or Pot gear.
Total Trawl Gear......................        47    89,559  ...........  ........  ...........................  ........    84,776  ...........  ........  ...........................  ........
    Trawl CV..........................  ........  ........          50     44,779  Jan 20-Apr 1...............    31,345  ........          50     42,388  Jan 20-Apr 1...............    29,672
                                        ........  ........  ...........  ........  Apr 1-Jun10................     4,478  ........  ...........  ........  Apr 1-Jun 10...............     4,239
                                        ........  ........  ...........  ........  Jun 10-Nov 1...............     8,956  ........  ...........  ........  Jun 10-Nov 1...............     8,478
    Trawl CP..........................  ........  ........          50     44,779  Jan 20-Apr 1...............    22,390  ........          50     42,388  Jan 20-Apr 1...............    21,194
                                        ........  ........  ...........  ........  Apr 1-Jun 10...............    13,434  ........  ...........  ........  Apr 1-Jun 10...............    12,716
                                        ........  ........  ...........  ........  Jun 10-Nov 1...............     8,956  ........  ...........  ........  Jun 10-Nov 1...............     8,478
Jig...................................         2     3,811  ...........  ........  Jan 1-Apr 30...............     1,524     3,608  ...........  ........  Jan 1-Apr 30...............     1,443
                                        ........  ........  ...........  ........  Apr 30-Aug 31..............       762  ........  ...........  ........  Apr 30-Aug 31..............       722
                                        ........  ........  ...........  ........  Aug 31-Dec 31..............     1,524  ........  ...........  ........  Aug 31-Dec 31..............     1,443
                                       -----------
      Total...........................       100   190,550  ...........  ........  ...........................  ........   180,375  ...........  ........  ...........................  ........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For most non-trawl gear the first season is allocated 60 percent of the ITAC and the second season is allocated 40 percent of the ITAC. For jig gear, the first season and third seasons are
  each allocated 40 percent of the ITAC and the second season is allocated 20 percent of the ITAC. No seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels
  less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. For trawl gear, the first season is allocated 60 percent of the ITAC and the second and third seasons are each allocated 20
  percent of the ITAC. The trawl catcher vessels' allocation is further allocated as 70 percent in the first season, 10 percent in the second season and 20 percent in the third season. The
  trawl catcher/processors' allocation is allocated 50 percent in the first season, 30 percent in the second season and 20 percent in the third season. Any unused portion of a seasonal Pacific
  cod allowance will be reapportioned to the next seasonal allowance.

Sablefish Gear Allocation

    Regulations at Sec.  679.20(a)(4)(iii) and (iv) require that 
sablefish TACs for the Bering Sea and AI subareas be allocated between 
trawl and hook-and-line or pot gear. Gear allocations of the TACs for 
the Bering Sea subarea are 50 percent for trawl gear and 50 percent for 
hook-and-line or pot gear and for the AI subarea are 25 percent for 
trawl gear and 75 percent for hook-and-line or pot gear. Regulations at 
Sec.  679.20(b)(1)(iii)(B) require that 20 percent of the hook-and-line 
and pot gear allocation of sablefish be apportioned to the CDQ reserve. 
Additionally, regulations at Sec.  679.20(b)(1)(iii)(A) require that 
7.5 percent of the trawl gear allocation of sablefish (one half of the 
reserve) be apportioned to the CDQ reserve.
    The Council recommended that specifications for the hook-and-line 
gear and pot gear sablefish individual fishing quota (IFQ) fisheries 
continue to be limited to one year to ensure that those fisheries are 
conducted concurrent with the halibut IFQ fishery and are based on the 
most recent survey information (69 FR 44634, July 27, 2004). Having the 
sablefish IFQ fisheries concurrent with the halibut IFQ fishery will 
reduce the potential for discards of halibut and sablefish in these 
fisheries. Because of the high value of this fishery, the Council 
recommended the setting of TAC be based on the most recent survey 
information. Under the current IFQ fishery season start date, sablefish 
stock assessments based on the most recent survey are available before 
the beginning of the fishery to allow for rulemaking each year. The 
sablefish IFQ fisheries remain closed at the beginning of each fishing 
year, until the final specifications for the sablefish IFQ fisheries 
are in effect. The trawl sablefish fishery will be managed using 
specifications for up to a two-year period, similar to GOA pollock, 
Pacific cod and the ``other species'' category. Table 6 specifies the 
2005 and 2006 gear allocations of the sablefish TAC and CDQ reserve 
amounts.

                                       Table 6.--2005 and 2006 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Percent of   2005 Share   2005 ITAC     2005 CDQ    2006 Share                 2006 CDQ
                       Subarea and gear                            TAC         of TAC        \1\        reserve       of TAC     2006 ITAC     reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl \2\................................................           50        1,220        1,037           92        1,155          982           87
    Hook-and-line/pot gear \3\...............................           50        1,220          976          244  ...........  ...........  ...........
                                                              --------------
        Total................................................          100        2,440        2,013          336        2,310          982           87
Aleutian Islands:
    Trawl \2\................................................           25          655          557           49          620          527           47
    Hook-and-line/pot gear \3\...............................           75        1,965        1,572          393  ...........  ...........  ...........
                                                              --------------
        Total................................................          100        2,620        2,129          442        2,480          527          47
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of the TAC
  after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5 percent of the specified TAC) is reserved
  for the CDQ program.
\3\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by
  CDQ participants. The Council recommended that specifications for the hook-and-line gear sablefish IFQ fisheries be limited to 1 year.


[[Page 8987]]

Allocation of PSC Limits for Halibut, Salmon, Crab, and Herring

    PSC limits for halibut are set forth in regulations at Sec.  
679.21(e). For the BSAI trawl fisheries, the limit is 3,675 mt of 
halibut mortality and for non-trawl fisheries, the limit is 900 mt of 
halibut mortality. Regulations at Sec.  679.21(e)(1)(vii) specify a 
2005 and 2006 chinook salmon PSC limit for the pollock fishery to be 
29,000 fish. Regulations at Sec.  679.21(e)(1)(i) allocate 7.5 percent, 
or 2,175 chinook salmon, as the PSQ for the CDQ program and the 
remaining 26,825 chinook salmon to the non-CDQ fisheries. Amendment 82 
and its implementing rule would establish an AI chinook salmon limit of 
700 fish. Regulations at 679.21(e)(1)(i) would allocate 7.5 percent, or 
53 chinook salmon, as an AI PSQ for the CDQ program and the remaining 
647 chinook salmon to the non-CDQ fisheries. Regulations at Sec.  
679.21(e)(1)(viii) specify a 2005 and 2006 non-chinook salmon PSC limit 
of 42,000 fish. Regulations at Sec.  679.21(e)(1)(i) allocate 7.5 
percent or 3,150 non-chinook salmon as the PSQ for the CDQ program and 
the remaining 38,850 non-chinook salmon to the non-CDQ fisheries. PSC 
limits for crab and herring are specified annually based on abundance 
and spawning biomass.
    The red king crab mature female abundance is estimated from the 
2004 survey data to be 35.4 million king crab and the effective 
spawning biomass is estimated to be 61.9 million pounds (27,500 mt). 
Based on the criteria set out at Sec.  679.21(e)(1)(ii), the 2005 and 
2006 PSC limit of red king crab in Zone 1 for trawl gear is 197,000 
animals as a result of the mature female abundance being above 8.4 
million king crab and the effective spawning biomass estimate being 
greater than 55 million pounds (24,948 mt).
    Regulations at Sec.  679.21(e)(3)(ii)(B) establish criteria under 
which NMFS must specify an annual red king crab bycatch limit for the 
Red King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS 
to up to 35 percent of the trawl bycatch allowance specified for the 
rock sole/flathead sole/``other flatfish'' fishery category and are 
based on the need to optimize the groundfish harvest relative to red 
king crab bycatch. The Council recommended, and NMFS approves, a red 
king crab bycatch limit equal to 35 percent of the trawl bycatch 
allowance specified for the rock sole/flathead sole/``other flatfish'' 
fishery category within the RKCSS.
    Based on 2004 survey data, the Chionoecetes bairdi crab abundance 
is estimated to be 437.41 million animals. Given the criteria set out 
at Sec.  679.21(e)(1)(iii), the 2005 and 2006 C. bairdi crab PSC limit 
for trawl gear is 980,000 animals in Zone 1 and 2,970,000 animals in 
Zone 2 as a result of the C. bairdi crab abundance estimate of over 400 
million animals.
    Under Sec.  679.21(e)(1)(iv), the PSC limit for C. opilio crab is 
based on total abundance as indicated by the NMFS annual bottom trawl 
survey. The C. opilio crab PSC limit is set at 0.1133 percent of the 
Bering Sea abundance index. Based on the 2004 survey estimate of 4.421 
billion animals, the calculated limit is 5,008,993 animals. Under Sec.  
679.21(e)(1)(iv)(B), the 2005 and 2006 C. opilio crab PSC limit will be 
5,008,993 animals minus 150,000 animals which results a limit of 
4,858,993 animals.
    Under Sec.  679.21(e)(1)(vi), the PSC limit of Pacific herring 
caught while conducting any trawl operation for groundfish in the BSAI 
is 1 percent of the annual eastern Bering Sea herring biomass. The best 
estimate of 2005 and 2006 herring biomass is 201,180 mt. This amount 
was derived using 2004 survey data and an age-structured biomass 
projection model developed by the Alaska Department of Fish and Game. 
Therefore, the 2005 and 2006 herring PSC limit is 2,012 mt.
    Under Sec.  679.21(e)(1)(i), 7.5 percent of each PSC limit 
specified for halibut and crab is allocated as a PSQ reserve for use by 
the groundfish CDQ program. Regulations at Sec.  679.21(e)(3) require 
the apportionment of each trawl PSC limit into PSC bycatch allowances 
for seven specified fishery categories. Regulations at Sec.  
679.21(e)(4)(ii) authorize the apportionment of the non-trawl halibut 
PSC limit into PSC bycatch allowances among five fishery categories. 
Table 7 lists the fishery bycatch allowances for the trawl and non-
trawl fisheries.
    Regulations at Sec.  679.21(e)(4)(ii) authorize exemption of 
specified non-trawl fisheries from the halibut PSC limit. As in past 
years, NMFS, after consultation with the Council, is exempting pot 
gear, jig gear, and the sablefish IFQ hook-and-line gear fishery 
categories from halibut bycatch restrictions because these fisheries 
use selective gear types that take few halibut compared to other gear 
types such as non-pelagic trawl. In 2004, total groundfish catch for 
the pot gear fishery in the BSAI was approximately 18,719 mt with an 
associated halibut bycatch mortality of about 4 mt. The 2004 groundfish 
jig gear fishery harvested about 216 mt of groundfish. Most vessels in 
the jig gear fleet are less than 60 ft (18.3 m) LOA and thus are exempt 
from observer coverage requirements. As a result, observer data are not 
available on halibut bycatch in the jig gear fishery. However, a 
negligible amount of halibut bycatch mortality is assumed because of 
the selective nature of this gear type and the likelihood that halibut 
caught with jig gear have a high survival rate when released.
    As in past years, the Council recommended the sablefish IFQ fishery 
be exempt from halibut bycatch restrictions because of the sablefish 
and halibut IFQ program (subpart D of 50 CFR part 679). The sablefish 
IFQ program requires legal-sized halibut to be retained by vessels 
using hook-and-line gear if a halibut IFQ permit holder or his or her 
hired master is aboard and is holding unused halibut IFQ. NMFS is 
approving the Council's recommendation. This provision results in 
reduced halibut discard in the sablefish fishery. In 1995, about 36 mt 
of halibut discard mortality was estimated for the sablefish IFQ 
fishery. The estimates for 1996 through 2004 have not been calculated; 
however, NMFS has no information indicating that it would be 
significantly different.
    Regulations at Sec.  679.21(e)(5) authorize NMFS, after 
consultation with the Council, to establish seasonal apportionments of 
PSC amounts in order to maximize the ability of the fleet to harvest 
the available groundfish TAC and to minimize bycatch. The factors to be 
considered are: (1) Seasonal distribution of prohibited species, (2) 
seasonal distribution of target groundfish species, (3) PSC bycatch 
needs on a seasonal basis relevant to prohibited species biomass, (4) 
expected variations in bycatch rates throughout the year, (5) expected 
start of fishing effort, and (6) economic effects of seasonal PSC 
apportionments on industry sectors. In December 2004, the Council's AP 
recommended seasonal PSC apportionments in order to maximize harvest 
among gear types, fisheries, and seasons while minimizing bycatch of 
PSC based upon the above criteria.
    The Council recommended, and NMFS approves, the PSC apportionments 
specified in Table 7.

[[Page 8988]]



    Table 7.--2005 and 2006 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
                                                             Prohibited species and zone
                                   -----------------------------------------------------------------------------
                                                                Red King                   C. bairdi (animals)
          Trawl fisheries             Halibut      Herring        Crab      C. opilio  -------------------------
                                     mortality    (mt) BSAI    (animals)    (animals)
                                     (mt) BSAI                 Zone 1 \1\   COBLZ \1\    Zone 1 \1\   Zone 2 \1\
----------------------------------------------------------------------------------------------------------------
Yellowfin sole....................          886          183       33,843    3,101,915      340,844    1,788,459
    January 20-April 1............          262  ...........  ...........  ...........  ...........  ...........
    April 1-May 21................          195  ...........  ...........  ...........  ...........  ...........
    May 21-July 5.................           49  ...........  ...........  ...........  ...........  ...........
    July 5-December 31............          380  ...........  ...........  ...........  ...........  ...........
Rock sole/other flat/flathead sole          779           27      121,413    1,082,528      365,320      596,154
 \2\..............................
    January 20-April 1............          448  ...........  ...........  ...........  ...........  ...........
    April 1-July 5................          164  ...........  ...........  ...........  ...........  ...........
    July 5-December 31............          167  ...........  ...........  ...........  ...........  ...........
Turbot/arrowtooth/sablefish \3\...  ...........           12  ...........       44,946  ...........  ...........
Rockfish: July 5-December 31......           69           10  ...........       44,945  ...........       10,988
Pacific cod.......................        1,434           27       26,563      139,331      183,112      324,176
Midwater trawl pollock............  ...........        1,562  ...........  ...........  ...........  ...........
Pollock/Atka mackerel/other \4\...          232          192          406       80,903       17,224       27,473
Red King Crab Savings Subarea \6\.  ...........  ...........  ...........  ...........  ...........  ...........
    (non-pelagic trawl)...........  ...........  ...........       42,495  ...........  ...........  ...........
                                   --------------
        Total trawl PSC...........        3,400        2,012      182,225    4,494,569      906,500    2,747,250
                                   ==============
        Non-trawl Fisheries
Pacific cod-Total.................          775  ...........  ...........  ...........  ...........  ...........
    January 1-June 10.............          320  ...........  ...........  ...........  ...........  ...........
    June 10-August 15.............            0  ...........  ...........  ...........  ...........  ...........
    August 15-December 31.........          455  ...........  ...........  ...........  ...........  ...........
Other non-trawl-Total.............           58  ...........  ...........  ...........  ...........  ...........
    May 1-December 31.............           58  ...........  ...........  ...........  ...........  ...........
Groundfish pot and jig............       exempt  ...........  ...........  ...........  ...........  ...........
Sablefish hook-and-line...........       exempt  ...........  ...........  ...........  ...........  ...........
                                   --------------
    Total non-trawl PSC...........          833  ...........  ...........  ...........  ...........  ...........
    PSC reserve \5\...............          342  ...........       14,775      364,424       73,500      222,750
                                   --------------
        PSC grand total...........        4,575        2,012      197,000    4,858,993      980,000   2,970,000
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Greenland turbot, rock sole, yellowfin sole and arrowtooth flounder.
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\4\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.
\5\ With the exception of herring, 7.5 percent of each PSC limit is allocated to the CDQ program as PSQ reserve.
  The PSQ reserve is not allocated by fishery, gear or season.
\6\ In December 2004, the Council recommended that Red King Crab bycatch for trawl fisheries within the RKCSS be
  limited to 35 percent of the total allocation to the rock sole/flathead sole/``other flatfish'' fishery
  category (see Sec.   679.21(e)(3)(ii)(B)).

Halibut Discard Mortality Rates

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator will use observed halibut bycatch rates, 
assumed discard mortality rates (DMR), and estimates of groundfish 
catch to project when a fishery's halibut bycatch mortality allowance 
or seasonal apportionment is reached. The DMRs are based on the best 
information available, including information contained in the annual 
SAFE report.
    The Council recommended, and NMFS concurs, that the recommended 
halibut DMR developed by the staff of the International Pacific Halibut 
Commission (IPHC) for the 2005 and 2006 BSAI groundfish fisheries be 
used to monitor halibut bycatch allowances established for the 2005 and 
2006 groundfish fisheries (see Table 8). These DMRs were developed by 
the IPHC using the 10-year mean DMRs for the BSAI non-CDQ groundfish 
fisheries. Plots of annual DMRs against the 10-year mean indicated 
little change since 1990 for most fisheries. DMRs were more variable 
for the smaller fisheries which typically take minor amounts of halibut 
bycatch. The IPHC will analyze observer data annually and recommend 
changes to the DMR where a fishery DMR shows large variation from the 
mean. The IPHC has been calculating the CDQ fisheries DMR since 1998 
and a 10-year mean is not available. The Council recommended and NMFS 
concurs with the DMR recommended by the IPHC for 2005 and 2006 CDQ 
fisheries. The justification for these DMRs is discussed in Appendix A 
of the final SAFE report dated November 2004.

[[Page 8989]]



 Table 8.--2005 and 2006 Assumed Pacific Halibut Discard Mortality Rates
                         for the BSAI Fisheries
------------------------------------------------------------------------
                                                              Preseason
                                                               assumed
                          Fishery                             mortality
                                                              (percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
    Greenland turbot.......................................           15
    Other species..........................................           11
    Pacific cod............................................           11
    Rockfish...............................................           16
Trawl gear fisheries:
    Atka mackerel..........................................           78
    Flathead sole..........................................           67
    Greenland turbot.......................................           72
    Non-pelagic pollock....................................           76
    Pelagic pollock........................................           85
    Other flatfish.........................................           71
    Other species..........................................           67
    Pacific cod............................................           68
    Rockfish...............................................           74
    Rock sole..............................................           77
    Sablefish..............................................           49
    Yellowfin sole.........................................           78
Pot gear fisheries:
    Other species..........................................            8
    Pacific cod............................................            8
CDQ trawl fisheries:
    Atka mackerel..........................................           85
    Flathead sole..........................................           67
    Non-pelagic pollock....................................           85
    Pelagic pollock........................................           90
    Rockfish...............................................           74
    Yellowfin sole.........................................           84
CDQ hook-and-line fisheries:
    Greenland turbot.......................................           15
    Pacific cod............................................           10
CDQ pot fisheries:
    Pacific cod............................................            8
    Sablefish..............................................           33
------------------------------------------------------------------------

Directed Fishing Closures

    In accordance with Sec.  679.20(d)(1)(i), if the Regional 
Administrator determines that any allocation or apportionment of a 
target species or ``other species'' category has been or will be 
reached, the Regional Administrator may establish a directed fishing 
allowance for that species or species group. If the Regional 
Administrator establishes a directed fishing allowance, and that 
allowance is or will be reached before the end of the fishing year, 
NMFS will prohibit directed fishing for that species or species group 
in the specified subarea or district (see Sec.  697.20(d)(1)(iii)). 
Similarly, under regulations at Sec.  679.21(e), if the Regional 
Administrator determines that a fishery category's bycatch allowance of 
halibut, red king crab, C. bairdi crab or C. opilio crab for a 
specified area has been reached, the Regional Administrator will 
prohibit directed fishing for each species in that category in the 
specified area.
    The Regional Administrator has determined that the remaining 
allocation amounts in Table 9 will be necessary as incidental catch to 
support other anticipated groundfish fisheries for the 2005 and 2006 
fishing year:

                              Table 9.--2005 and 2006 Directed Fishing Closures \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                            2005         2006
                                                                                         Incidental   Incidental
                     Area                                       Species                    catch        catch
                                                                                         allowance    allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District.............................  Pollock...............................           10           10
Aleutian Islands subarea......................  Non-CDQ Pollock.......................        2,000        2,000
                                                ``Other rockfish''....................          502          502
Bering Sea subarea............................  Pacific ocean perch...................        1,190        1,190
                                                ``Other rockfish''....................          426          426
Bering Sea and Aleutian Islands...............  Northern rockfish.....................        4,625        4,625
                                                Shortraker rockfish...................          552          552
                                                Rougheye rockfish.....................          207          207
                                                ``Other species''.....................       24,650       24,820
                                                CDQ Northern rockfish.................          375          375
                                                CDQ Shortraker rockfish...............           45           45

[[Page 8990]]

 
                                                CDQ Rougheye rockfish.................           17           17
                                                CDQ ``Other species''.................        2,175       2,190
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to CFR part 679.

    Consequently, in accordance with Sec.  679.20(d)(1)(i), the 
Regional Administrator establishes the directed fishing allowances for 
the above species or species groups as zero.
    Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing for these species in the specified areas 
and these closures are effective immediately through 2400 hrs, A.l.t., 
December 31, 2006.
    In addition, the BSAI Zone 1 annual red king crab allowance 
specified for the trawl rockfish fishery (see Sec.  
679.21(e)(3)(iv)(D)) is 0 mt and the BSAI first seasonal halibut 
bycatch allowance specified for the trawl rockfish fishery is 0 mt. The 
BSAI annual halibut bycatch allowance specified for the trawl Greenland 
turbot/arrowtooth flounder/sablefish fishery categories is 0 mt (see 
Sec.  679.21(e)(3)(iv)(C)). Therefore, in accordance with Sec.  
679.21(e)(7)(ii) and (v), NMFS is prohibiting directed fishing for 
rockfish by vessels using trawl gear in Zone 1 of the BSAI and directed 
fishing for Greenland turbot/arrowtooth flounder/sablefish by vessels 
using trawl gear in the BSAI effective immediately through 2400 hrs, 
A.l.t., December 31, 2006. NMFS is also prohibiting directed fishing 
for rockfish outside Zone 1 in the BSAI through 1200 hrs, A.l.t., July 
5, 2005.
    Under authority of the 2005 interim harvest specifications (69 FR 
76870, December 23, 2004), NMFS prohibited directed fishing for Atka 
mackerel in the Eastern Aleutian District and the Bering Sea subarea of 
the BSAI effective 1200 hrs, A.l.t., January 20, 2005, through 1200 
hrs, A.l.t., September 1, 2005 (70 FR 3311, January 24, 2005). NMFS 
opened the first directed fisheries in the HLA in area 542 and area 543 
effective 1200 hrs, A.l.t., January 22, 2005. The first HLA fishery in 
area 542 remained open through 1200 hrs, A.l.t., February 5, 2005 and 
in area 543 remained open through 1200 hrs, A.l.t., January 29, 2005. 
The second directed fisheries in the HLA in area 542 and area 543 
opened effective 1200 hrs, A.l.t., February 7, 2005. The second HLA 
fishery in area 542 remained open through 1200 hrs, A.l.t., February 
21, 2005 and in area 543 remained open through 1200 hrs, A.l.t., 
February 14, 2005. NMFS prohibited directed fishing for Pacific cod by 
catcher vessels 60 feet (18.3 meters) length overall and longer using 
pot gear in the BSAI, effective 12 noon, A.l.t., February 13, 2005 (70 
FR 7900, February 16, 2005). NMFS prohibited directed fishing for Atka 
mackerel in the Central Aleutian District of the BSAI, effective 12 
noon, A.l.t., February 17, 2005.
    These closures remain effective under authority of these 2005 and 
2006 final harvest specifications. These closures supersede the 
closures announced under the authority of the 2005 interim harvest 
specifications (69 FR 76870, December 23, 2005). While these closures 
are in effect, the maximum retainable amounts at Sec.  679.20(e) and 
(f) apply at any time during a fishing trip. These closures to directed 
fishing are in addition to closures and prohibitions found in 
regulations at 50 CFR 679.

Bering Sea Subarea Inshore Pollock Allocations

    Section 679.4(l) sets forth procedures for AFA inshore catcher 
vessel pollock cooperatives to apply for and receive cooperative 
fishing permits and inshore pollock allocations. Table 10 lists the 
2005 and 2006 Bering Sea subarea pollock allocations to the seven 
inshore catcher vessel pollock cooperatives based on 2005 cooperative 
allocations that have been approved and permitted by NMFS for the 2005 
fishing year. The Bering Sea subarea allocations may be revised pending 
adjustments to cooperatives' membership in 2006. Allocations for 
cooperatives and open access vessels are not made for the AI subarea 
because the CAA requires the non-CDQ directed pollock fishery in the AI 
subarea to be fully allocated to the Aleut Corporation.

                   Table 10.--2005 and 2006 Bering Sea Subarea Inshore Cooperative Allocations
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                             Sum of
                                                             member
                                                            vessel's     Percentage    2005 Annual   2006 Annual
           Cooperative name and member vessels              official     of inshore    cooperative   cooperative
                                                              catch        sector      allocation    allocation
                                                            histories    allocation
                                                               \1\
----------------------------------------------------------------------------------------------------------------
Akutan Catcher Vessel Association ALDEBARAN, ARCTIC            245,922        28.130       180,886       182,018
 EXPLORER, ARCTURUS, BLUE FOX, CAPE KIWANDA, COLUMBIA,
 DOMINATOR, EXODUS, FLYING CLOUD, GOLDEN DAWN, GOLDEN
 PISCES, HAZEL LORRAINE, INTREPID EXPLORER, LESLIE LEE,
 LISA MELINDA, MARK I, MAJESTY, MARCY J, MARGARET LYN,
 NORDIC EXPLORER, NORTHERN PATRIOT, NORTHWEST EXPLORER,
 PACIFIC RAM, PACIFIC VIKING, PEGASUS, PEGGY JO,
 PERSEVERANCE, PREDATOR, RAVEN, ROYAL AMERICAN, SEEKER,
 SOVEREIGNTY, TRAVELER, VIKING EXPLORER.................
Arctic Enterprise Association BRISTOL EXPLORER, OCEAN           36,807         4.210        27,073        27,242
 EXPLORER, PACIFIC EXPLORER.............................

[[Page 8991]]

 
Northern Victor Fleet Cooperative ANITA J, COLLIER              73,656         8.425        54,177        54,516
 BROTHERS, COMMODORE, EXCALIBUR II, GOLDRUSH, HALF MOON
 BAY, MISS BERDIE, NORDIC FURY, PACIFIC FURY, POSEIDON,
 ROYAL ATLANTIC, SUNSET BAY, STORM PETREL...............
Peter Pan Fleet Cooperative AJ, AMBER DAWN, AMERICAN            23,850         2.728        17,542        17,652
 BEAUTY, ELIZABETH F, MORNING STAR, OCEAN LEADER,
 OCEANIC, PACIFIC CHALLENGER, PROVIDIAN, TOPAZ, WALTER N
Unalaska Cooperative ALASKA ROSE, BERING ROSE,                 106,737        12.209        78,510        79,001
 DESTINATION, GREAT PACIFIC, MESSIAH, MORNING STAR, MS
 AMY, PROGRESS, SEA WOLF, VANGUARD, WESTERN DAWN........
UniSea Fleet Cooperative ALSEA, AMERICAN EAGLE, ARGOSY,        213,521        24.424       157,054       158,037
 AURIGA, AURORA, DEFENDER, GUN-MAR, MAR-GUN, NORDIC
 STAR, PACIFIC MONARCH, SEADAWN, STARFISH, STARLITE,
 STARWARD...............................................
Westward Fleet Cooperative ALASKAN COMMAND, ALYESKA,           173,744        19.874       127,795       128,595
 ARCTIC WIND, CAITLIN ANN, CHELSEA K, DONA MARTITA,
 FIERCE ALLEGIANCE, HICKORY WIND, OCEAN HOPE 3, PACIFIC
 KNIGHT, PACIFIC PRINCE, VIKING, WESTWARD I.............
Open access AFA vessels.................................             0          0.00             0             0
                                                         ---------------
    Total inshore allocation............................       874,238           100       643,037      647,062
----------------------------------------------------------------------------------------------------------------
\1\ According to regulations at Sec.   679.62(e)(1), the individual catch history for each vessel is equal to
  the vessel's best 2 of 3 years inshore pollock landings from 1995 through 1997 and includes landings to
  catcher/processors for vessels that made 500 or more mt of landings to catcher/processors from 1995 through
  1997.

    In accordance with section 679.20(a)(5)(i)(A)(3), NMFS must further 
divide the inshore sector allocation into separate allocations for 
cooperative and open access fishing. In addition, according to section 
679.22(a)(7)(vii), NMFS must establish harvest limits inside the SCA 
and provide a set-aside so that catcher vessels less than or equal to 
99 ft (30.2 m) LOA have the opportunity to operate entirely within the 
SCA until April 1. Accordingly, Table 11 lists the Bering Sea subarea 
pollock allocation to the inshore cooperative and open access sectors 
and establishes a cooperative-sector SCA set-aside for AFA catcher 
vessels less than or equal to 99 ft (30.2 m) LOA. The SCA set-aside for 
catcher vessels less than or equal to 99 ft (30.2 m) LOA that are not 
participating in a cooperative will be established inseason based on 
actual participation levels and is not included in Table 11.

  Table 11.--2005 AND 2006 Bering Sea Subarea Pollock Allocations to the Cooperative and Open Access Sectors of
                                           the Inshore Pollock Fishery
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                    2005 A                                 2006 A
                                       2005 A     season SCA     2005 B       2006 A     season SCA     2006 B
              Sector                 season TAC    harvest     season TAC   season TAC    harvest     season TAC
                                                  limit \1\                              limit \1\
----------------------------------------------------------------------------------------------------------------
Inshore cooperative sector:
    Vessels > 99 ft...............          n/a      154,632          n/a          n/a      155,600          n/a
    Vessels <= 99 ft..............          n/a       25,418          n/a          n/a       25,577          n/a
                                   --------------
        Total.....................      257,215      180,050      385,822      258,825      181,177      388,237
Open access sector................            0          0 2            0            0          0 2            0
                                   --------------
    Total inshore sector..........      257,215      180,050      385,822      258,825      181,177     388,237
----------------------------------------------------------------------------------------------------------------
\1\ The Steller sea lion conservation area (SCA) is established at Sec.   679.22(a)(7)(vii).
\2\ The SCA limitations for vessels less than or equal to 99 ft LOA that are not participating in a cooperative
  will be established on an inseason basis in accordance with Sec.   679.22(a)(7)(vii)(C)(2) which specifies
  that ``the Regional Administrator will prohibit directed fishing for pollock by vessels greater than 99 ft
  (30.2 m) LOA, catching pollock for processing by the inshore component before reaching the inshore SCA harvest
  limit before April 1 to accommodate fishing by vessels less than or equal to 99 ft (30.2 m) inside the SCA
  until April 1.''

Listed AFA Catcher/Processor Sideboard Limits

    According to section 679.64(a), the Regional Administrator will 
restrict the ability of listed AFA catcher/processors to engage in 
directed fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA and from fishery cooperatives in the directed 
pollock fishery. The basis for these sideboard limits is described in 
detail in the final rule implementing major provisions of the AFA (67 
FR 79692, December 30, 2002). Table 12 lists the 2005 and 2006 catcher/
processor sideboard limits.
    All groundfish other than pollock that are harvested by listed AFA 
catcher/processors, whether as targeted catch or incidental catch, will 
be deducted from

[[Page 8992]]

the sideboard limits in Table 12. However, groundfish other than 
pollock that are delivered to listed catcher/processors by catcher 
vessels will not be deducted from the 2005 and 2006 sideboard limits 
for the listed catcher/processors.

                        Table 12.--2005 and 2006 Listed BSAI American Fisheries Act Catcher/Processor Groundfish Sideboard Limits
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             1995-1997
                                                              ---------------------------------------  2005 ITAC                 2006 ITAC
                                                                                           Ratio of    available     2005 C/P    available     2006 C/P
            Target species                      Area             Retained      Total       retained   to trawl C/   sideboard   to trawl C/   sideboard
                                                                  catch        catch       catch to        Ps         limit          Ps       ard limit
                                                                                         total catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod trawl....................  BSAI..................       12,424       48,177        0.258       44,779       11,553       42,388       10,936
Sablefish trawl......................  BS....................            8          497        0.016        1,037           17          982           16
                                       AI....................            0          145        0.000          557            0          527            0
Atka mackerel........................  Central AI............  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                       A season \1\..........          n/a          n/a        0.115       16,419        1,888       16,419        1,888
                                       HLA limit \2\.........  ...........  ...........  ...........        9,851        1,133        9,851        1,133
                                       B season \1\..........          n/a          n/a        0.115       16,419        1,888       16,419        1,888
                                       HLA limit \2\.........  ...........  ...........  ...........        9,851        1,133        9,851        1,133
                                       Western AI............  ...........  ...........  ...........  ...........  ...........  ...........  ...........
                                       A season \1\..........          n/a          n/a        0.200        9,250        1,850        9,250        1,850
                                       HLA limit \2\.........  ...........  ...........  ...........        5,550        1,110        5,550        1,110
                                       B season \1\..........          n/a          n/a        0.200        9,250        1,850        9,250        1,850
                                       HLA limit \2\.........  ...........  ...........  ...........        5,550        1,110        5,550        1,110
Yellowfin sole.......................  BSAI..................      100,192      435,788        0.230       77,083       17,729       76,500       17,595
Rock sole............................  BSAI..................        6,317      169,362        0.037       35,275        1,305       34,700        1,284
Greenland turbot.....................  BS....................          121       17,305        0.007        2,295           16        2,125           15
                                       AI....................           23        4,987        0.005          680            3          850            4
Arrowtooth flounder..................  BSAI..................           76       33,987        0.002       10,200           20       10,200           20
Flathead sole........................  BSAI..................        1,925       52,755        0.036       16,575          597       17,000          612
Alaska plaice........................  BSAI..................           14        9,438        0.001        6,800            7        8,500            9
Other flatfish.......................  BSAI..................        3,058       52,298        0.058        2,550          148        2,550          148
Pacific ocean perch..................  BS....................           12        4,879        0.002        1,190            2        1,190            2
                                       Eastern AI............          125        6,179        0.020        2,849           57        2,849           57
                                       Central AI............            3        5,698        0.001        2,808            3        2,808            3
                                       Western AI............           54       13,598        0.004        4,703           19        4,703           19
Northern rockfish....................  BSAI..................           91       13,040        0.007        4,625           32        4,625           32
Shortraker rockfish..................  BSAI..................           50        2,811        0.018          552           10          552           10
Rougheye rockfish....................  BSAI..................           50        2,811        0.018          207            4          207            4
Other rockfish.......................  BS....................           18          621        0.029          426           12          426           12
                                       AI....................           22          806        0.027          502           14          502           14
Squid................................  BSAI..................           73        3,328        0.022        1,084           24        1,084           24
Other species........................  BSAI..................          553       68,672        0.008       24,650          197       24,820         199
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA
  catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual ITAC
  specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
\2\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec.   679.2). In
  2005 and 2006, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.

    Section 679.64(a)(5) establishes a formula for PSC sideboard limits 
for listed AFA catcher/processors. These amounts are equivalent to the 
percentage of the PSC amounts taken in the groundfish fisheries other 
than pollock by the AFA catcher/processors listed in subsection 208(e) 
and section 209 of the AFA from 1995 through 1997 (see Table 13). These 
amounts were used to calculate the relative amount of PSC that was 
caught by pollock catcher/processors shown in Table 13. That relative 
amount of PSC was then used to determine the PSC sideboard limits for 
listed AFA catcher/processors in the 2005 and 2006 groundfish fisheries 
other than pollock.
    PSC that is caught by listed AFA catcher/processors participating 
in any groundfish fishery other than pollock listed in Table 13 would 
accrue against the 2005 and 2006 PSC sideboard limits for the listed 
AFA catcher/processors. Section 679.21(e)(3)(v) authorizes NMFS to 
close directed fishing for groundfish other than pollock for listed AFA 
catcher/processors once a 2005 or 2006 PSC sideboard limit listed in 
Table 13 is reached.
    Crab or halibut PSC that is caught by listed AFA catcher/processors 
while fishing for pollock will accrue against the bycatch allowances 
annually specified for either the midwater pollock or the pollock/Atka 
mackerel/``other species'' fishery categories under regulations at 
Sec.  679.21(e)(3)(iv).

   Table 13.--2005 and 2006 BSAI American Fisheries Act Listed Catcher/Processor Prohibited Species Sideboard
                                                   Limits \1\
----------------------------------------------------------------------------------------------------------------
                                                               1995--1997
                                                ---------------------------------------   2005 and     2005 and
                                                                             Ratio of     2006 PSC     2006 C/P
                  PSC species                                               PSC catch    available    sideboard
                                                  PSC catch    Total PSC     to total     to trawl      limit
                                                                               PSC        vessels
----------------------------------------------------------------------------------------------------------------
Halibut mortality..............................          955       11,325        0.084        3,400          286
Red king crab..................................        3,098      473,750        0.007      182,225        1,276

[[Page 8993]]

 
C. opilio \2\..................................    2,323,731   15,139,178        0.153    4,494,569      687,669
C. bairdi:
    Zone 1 \2\.................................      385,978    2,750,000        0.140      906,500      126,910
    Zone 2 \2\.................................      406,860    8,100,000        0.050    2,747,250     137,363
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Refer to Sec.   679.2 for definitions of areas.

AFA Catcher Vessel Sideboard Limits

    Under section 679.64(a), the Regional Administrator restricts the 
ability of AFA catcher vessels to engage in directed fishing for 
groundfish species other than pollock to protect participants in other 
groundfish fisheries from adverse effects resulting from the AFA and 
from fishery cooperatives in the directed pollock fishery. Section 
679.64(b) establishes a formula for setting AFA catcher vessel 
groundfish and PSC sideboard limits for the BSAI. The basis for these 
sideboard limits is described in detail in the final rule implementing 
major provisions of the AFA (67 FR 79692, December 30, 2002). Tables 14 
and 15 list the 2005 and 2006 AFA catcher vessel sideboard limits.
    All harvests of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or incidental catch, will be 
deducted from the sideboard limits listed in Table 14.

              Table 14.--2005 and 2006 BSAI American Fisheries Act Catcher Vessel Sideboard Limits
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                   Ratio of
                                                  1995-1997                    2005                      2006
                               Fishery by area/     AFA CV                   Catcher                   Catcher
           Species             season/processor/   catch to    2005 ITAC      vessel     2006 ITAC      vessel
                                     gear         1995-1997                 sideboard                 sideboard
                                                     TAC                      limits                    limits
----------------------------------------------------------------------------------------------------------------
Pacific cod..................  BSAI............  ...........  ...........  ...........  ...........  ...........
                               Jig gear........       0.0000        3,811            0        3,608            0
                               Hook-and-line CV  ...........  ...........  ...........  ...........  ...........
                               Jan 1-Jun10.....       0.0006          173            0          165            0
                               Jun 10-Dec 31...       0.0006          116            0          110            0
                               Pot gear CV.....  ...........  ...........  ...........  ...........  ...........
                               Jan 1-Jun 10....       0.0006        8,701            5        8,234            5
                               Sept 1-Dec 31...       0.0006        5,801            3        5,489            3
                               CV < 60 feet LOA       0.0006        1,354            1        1,281            1
                                using hook-and-
                                line or pot
                                gear.
                               Trawl gear CV...  ...........  ...........  ...........  ...........  ...........
                               Jan 20-Apr 1....       0.8609       31,345       26,985       29,672       25,545
                               Apr 1-Jun 10....       0.8609        4,478        3,449        4,239        3,265
                               Jun 10-Nov 1....       0.8609        8,956        6,899        8,478        6,531
Sablefish....................  BS trawl gear...       0.0906        1,037           94          982           89
                               AI trawl gear...       0.0645          557           36          537           35
Atka mackerel................  Eastern AI/BS...  ...........  ...........  ...........  ...........  ...........
                               Jig gear........       0.0031           69            0           69            0
                               Other gear......  ...........  ...........  ...........  ...........  ...........
                               Jan 1-Apr 15....       0.0032        3,156           10        3,156           10
                               Sept 1-Nov 1....       0.0032        3,156           10        3,156           10
                               Central AI......  ...........  ...........  ...........  ...........  ...........
                               Jan-Apr 15......       0.0001       16,419            2       16,419            2
                               HLA limit.......       0.0001        9,851            1        9,851            1
                               Sept 1-Nov 1....       0.0001       16,419            2       16,419            2
                               HLA limit.......       0.0001        9,851            1        9,851            1
                               Western AI......  ...........  ...........  ...........  ...........  ...........
                               Jan-Apr 15......       0.0000        9,250            0        9,250            0
                               HLA limit.......  ...........        5,550            0        5,550            0
                               Sept 1-Nov 1....       0.0000        9,250            0        9,250            0
                               HLA limit.......  ...........        5,550            0        5,550            0
Yellowfin sole...............  BSAI............       0.0647       77,083        4,987       76,500        4,950
Rock sole....................  BSAI............       0.0341       35,275        1,203       35,700        1,217
Greenland Turbot.............  BS..............       0.0645        2,295          148        2,125          137
                               AI..............       0.0205          680           14          850           17
Arrowtooth flounder..........  BSAI............       0.0690       10,200          704       10,200          704
Alaska plaice................  BSAI............       0.0441        6,800          300        8,500          375
Other flatfish...............  BSAI............       0.0441        2,975          131        2,550          112

[[Page 8994]]

 
Pacific ocean perch..........  BS..............       0.1000        1,190          119        1,190          119
                               Eastern AI......       0.0077        2,849           22        2,849           22
                               Central AI......       0.0025        2,808            7        2,808            7
                               Western AI......       0.0000        4,703            0        4,703            0
Northern rockfish............  BSAI............       0.0084        4,625           39        4,625           39
Shortraker rockfish..........  BSAI............       0.0037          552            2          552            2
Rougheye rockfish............  BSAI............       0.0037          207            1          207            1
Other rockfish...............  BS..............       0.0048          426            2          426            2
                               AI..............       0.0095          502            5          502            5
Squid........................  BSAI............       0.3827        1,084          415        1,084          415
Other species................  BSAI............       0.0541       24,650        1,334       24,820        1,343
Flathead Sole................  BS trawl gear...       0.0505       16,575          837       17,100          864
----------------------------------------------------------------------------------------------------------------

    The AFA catcher vessel PSC limit for halibut and each crab species 
in the BSAI, for which a trawl bycatch limit has been established, will 
be a portion of the PSC limit equal to the ratio of aggregate retained 
groundfish catch by AFA catcher vessels in each PSC target category 
from 1995 through 1997, relative to the retained catch of all vessels 
in that fishery from 1995 through 1997. Table 15 lists the 2005 and 
2006 PSC sideboard limits for AFA catcher vessels.
    Halibut and crab PSC that are caught by AFA catcher vessels 
participating in any groundfish fishery for groundfish other than 
pollock listed in Table 15 will accrue against the 2005 and 2006 PSC 
sideboard limits for the AFA catcher vessels. Sections 679.21(d)(8) and 
(e)(3)(v) provide authority to close directed fishing for groundfish 
other than pollock for AFA catcher vessels once a 2005 or 2006 PSC 
sideboard limit listed in Table 15 for the BSAI is reached. The PSC 
that is caught by AFA catcher vessels, while fishing for pollock in the 
BSAI, will accrue against the bycatch allowances annually specified for 
either the midwater pollock or the pollock/Atka mackerel/``other 
species'' fishery categories under regulations at Sec.  
679.21(e)(3)(iv).

Table 15.--2005 and 2006 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits for the
                                                    BSAI \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                             Ratio of
                                                                            1995-1997                  2005 and
                                                                              AFA CV                   2006 AFA
                                                                             retained     2005 and     catcher
               PSC species                  Target fishery category \2\      catch to     2006 PSC    vessel PSC
                                                                              total        limit      sideboard
                                                                             retained                   limit
                                                                              catch
----------------------------------------------------------------------------------------------------------------
Halibut.................................  Pacific cod trawl..............       0.6183        1,434          887
                                          Pacific cod hook-and-line or          0.0022          775            2
                                           pot.
                                          Yellowfin sole.................  ...........  ...........  ...........
                                          January 20-April 1.............       0.1144          262           30
                                          April 1-May 21.................       0.1144          195           22
                                          May 21-July 5..................       0.1144           49            6
                                          July 5-December 31.............       0.1144          380           43
                                          Rock sole/flathead sole/other    ...........  ...........  ...........
                                           flatfish \5\
                                          January 20-April 1.............       0.2841          448          127
                                          April 1-July 5.................       0.2841          164           47
                                          July 5-December 31.............       0.2841          167           47
                                          Turbot/Arrowtooth/Sablefish....       0.2327            0            0
                                          Rockfish (July 1-December 31)..       0.0245           69            2
                                          Pollock/Atka mackerel/other           0.0227          232            5
                                           species.
Red King Crab...........................  Pacific cod....................       0.6183       26,563       16,424
Zone 1 \3,4\............................  Yellowfin sole.................       0.1144       33,843        3,872
                                          Rock sole/flathead sole/other         0.2841      121,413       34,493
                                           flatfish \5\
                                          Pollock/Atka mackerel/other           0.0227          406            9
                                           species.
C. opilio...............................  Pacific cod....................       0.6183      139,331       86,148
COBLZ \3\...............................  Yellowfin sole.................       0.1144    3,101,915      354,859
                                          Rock sole/flathead sole/other         0.2841    1,082,528      307,546
                                           flatfish \5\
                                          Pollock/Atka mackerel/other           0.0227       80,903        1,836
                                           species.
                                          Rockfish.......................       0.0245       44,945        1,101
                                          Turbot/Arrowtooth/Sablefish....       0.2327       44,946       10,459
C. bairdi...............................  Pacific cod....................       0.6183      183,112      113,218
Zone 1 \3\..............................  Yellowfin sole.................       0.1144      340,844       38,993
                                          Rock sole/flathead sole/other         0.2841      365,320      103,787
                                           flatfish \5\

[[Page 8995]]

 
                                          Pollock/Atka mackerel/other           0.0227       17,224          391
                                           species.
C. bairdi...............................  Pacific cod....................       0.6183      324,176      200,438
Zone 2 \3\..............................  Yellowfin sole.................       0.1144    1,788,459      204,600
                                          Rock sole/flathead sole/other         0.2841      596,154      169,367
                                           flatfish \5\
                                          Pollock/Atka mackerel/other           0.0227       27,473          624
                                           species.
                                          Rockfish.......................       0.0245       10,988         269
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Target fishery categories are defined in regulation at Sec.   679.21(e)(3)(iv).
\3\ Refer to Sec.   679.2 for definitions of areas.
\4\ In December 2004, the Council recommended that red king crab bycatch for trawl fisheries within the RKCSS be
  limited to 35 percent of the total allocation to the rock sole/flathead sole/``other flatfish'' fishery
  category (see Sec.   679.21(e)(3)(ii)(B)).
\5\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder.

Sideboard Directed Fishing Closures

AFA Catcher/Processor and Catcher Vessel Sideboard Closures

    The Regional Administrator has determined that many of the AFA 
catcher/processor and catcher vessel sideboard limits listed in Tables 
16 and 17 are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2005 fishing year. In 
accordance with Sec.  679.20(d)(1)(iv), the Regional Administrator 
establishes the sideboard limits listed in Tables 16 and 17 as directed 
fishing allowances. The Regional Administrator finds that many of these 
directed fishing allowances will be reached before the end of the year. 
Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing by listed AFA catcher/processors for the 
species in the specified areas set out in Table 16 and directed fishing 
by non-exempt AFA catcher vessels for the species in the specified 
areas set out in Table 17.

     Table 16.--2005 American Fisheries Act Listed Catcher/Processor Sideboard Directed Fishing Closures \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                            2005         2006
               Species                          Area                  Gear types         Sideboard    Sideboard
                                                                                           limit        limit
----------------------------------------------------------------------------------------------------------------
Sablefish trawl.....................  BS.....................  Trawl..................           17           16
                                      AI.....................  Trawl..................            0            0
Rock sole...........................  BSAI...................  all....................        1,305        1,284
Greenland turbot....................  BS.....................  all....................           16           15
                                      AI.....................  all....................            3            4
Arrowtooth flounder.................  BSAI...................  all....................           20           20
Pacific ocean perch.................  BS.....................  all....................            2            2
                                      Eastern AI.............  all....................           57           57
                                      Central AI.............  all....................            3            3
                                      Western AI.............  all....................           19           19
Northern rockfish...................  BSAI...................  all....................           32           32
Shortraker rockfish.................  BSAI...................  all....................           10           10
Rougheye rockfish...................  BSAI...................  all....................            4            4
Other rockfish......................  BS.....................  all....................           12           12
                                      AI.....................  all....................           14           14
Squid...............................  BSAI...................  all....................           24           24
``Other species''...................  BSAI...................  all....................          197         199
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to CFR part 679.


          Table 17.--2005 American Fisheries Act Catcher Vessel Sideboard Directed Fishing Closures \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                            2005         2006
               Species                          Area                  Gear types         Sideboard    Sideboard
                                                                                           limit        limit
----------------------------------------------------------------------------------------------------------------
Pacific cod.........................  BSAI...................  hook-and-line..........            0            0
                                      BSAI...................  pot....................            9            9
                                      BSAI...................  jig....................            0            0
Sablefish...........................  BS.....................  trawl..................           94           89

[[Page 8996]]

 
                                      AI.....................  trawl..................           36           35
Atka mackerel.......................  Eastern AI/BS..........  jig....................            0            0
                                      Eastern AI/BS..........  other..................           20           20
                                      Central AI.............  all....................            4            4
                                      Western AI.............  all....................            0            0
Greenland Turbot....................  BS.....................  all....................          148          137
                                      AI.....................  all....................           14           17
Arrowtooth flounder.................  BSAI...................  all....................          704          704
Pacific ocean perch.................  BS.....................  all....................          119          119
                                      Eastern AI.............  all....................           22           22
                                      Central AI.............  all....................            7            7
                                      Western AI.............  all....................            0            0
Northern rockfish...................  BSAI...................  all....................           39           39
Shortraker rockfish.................  BSAI...................  all....................            2            2
Rougheye rockfish...................  BSAI...................  all....................            1            1
Other rockfish......................  BS.....................  all....................            2            5
                                      AI.....................  all....................            5            5
Squid...............................  BSAI...................  all....................          415          415
``Other species''...................  BSAI...................  all....................        1,334       1,343
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to CFR part 679.

Response to Comments

    NMFS received 3 letters of comment in response to the proposed 2005 
and 2006 harvest specifications. These letters contained 17 separate 
comments that are summarized and responded to below.
    Comment 1: The Council has yet to take any action on the review of 
the ``Scientific Review of the Harvest Strategy Currently Used in the 
BSAI and GOA Groundfish Fishery Management Plans.'' The Council's 
current approach to setting catch rates results in rates that are too 
high for rockfish.
    Response: The report referred to in the comment is:

Goodman, Daniel, Marc Mangel, Graeme Parkes, Terry Quinn, Victor 
Restrepo, Tony Smith, Kevin Stokes. 2002. ``Scientific Review of the 
Harvest Strategy Currently Used in the BSAI and GOA Groundfish Fishery 
Management Plans.'' Prepared for the North Pacific Fishery Management 
Council. November 21, 2002.

    Evaluation of fishery management strategies has been an ongoing 
research activity of the NMFS, Alaska Fisheries Science Center (AFSC) 
for years. Most recently, the Programmatic Supplemental Environmental 
Impact Statement (PSEIS) for the BSAI and GOA Groundfish FMPs devoted 
thousands of pages to evaluate both current and alternative fishery 
management strategies. A working group (WG) has been established to 
ensure the fisheries are managed based on the best available science, 
and tasked with continuing and expanding the AFSC's research in the 
area of management strategy evaluation (MSE). MSE research is ongoing 
and the WG is expected to make significant advancements in this area 
over the next few years. The GOA SAFE report (page 387) evaluated the 
harvest strategy used in the rockfish assessments with particular 
attention given to the consideration of the harvest rates for rockfish 
because of their ``low productivity'' (Goodman et al. 2002). The 
evaluation indicated that the harvest strategy is sufficiently 
conservative. The stock assessments are updated annually and 
adjustments will be made if new data indicates a downturn in the 
fishery populations. Also, the rockfish section of the SSC's minutes 
from the December 2004 Council meeting states, ``The SSC appreciates 
the attention given by the SAFE authors and the Plan Teams to the 
recommendations that the SSC made last year regarding the ``F40 
report'' by Goodman et al., the contributions to stock productivity of 
older female rockfish, local depletion, and the effects of 
disaggregation of the ABCs.'' At the February 2005 Council meeting, a 
discussion paper on rockfish management will be presented by Council 
staff. Also, the Council includes ecosystem research information in an 
ecosystem considerations appendix to the SAFE reports.
    Comment 2: The EA fails to provide the public with a full and fair 
analysis of the consequence of implementing the FMPs; and there is no 
FMP level environmental impact statement (EIS) that evaluates the 
effects of authorizing fishing pursuant to the FMPs.
    Response: Pursuant to NEPA, NMFS prepared an EA for this action. 
The EA comprehensively analyzes the potential impacts of the 2005 and 
2006 harvest specifications and provides the evidence to decide whether 
an agency must prepare an EIS. The analysis in the EA supports a 
finding of no significant impact on the human environment as a result 
of the 2005 and 2006 final harvest specifications. Therefore, an EIS is 
not required.
    Comment 3: The commentor is concerned about the serious limitations 
and disappointed about the insufficient action taken regarding the 
Improved Retention/Improved Utilization (IR/IU) program.
    Response: This action does not address IR/IU. In 1998, Groundfish 
FMP Amendments 49/49 were implemented, requiring 100 percent retention 
of all pollock and Pacific cod in all fisheries, regardless of gear 
type. This provided incentives for fishermen to avoid catching these 
species if they were not targeted, and also required that they be 
retained for processing if they were caught. An overall minimum 
groundfish retention standard was approved by the Council in June 2003, 
with increasing retention standards being phased in starting in 2005. 
NMFS is preparing a proposed rule based on the Council recommendations. 
Concurrently, the Council is developing a program that allows sectors 
targeting flatfish species in the BSAI to form fishery

[[Page 8997]]

cooperatives. This program is intended to provide these sectors with 
the operational tools necessary to adhere to the increased retention 
standards.
    Comment 4: The Council and NMFS have taken no action to ensure that 
adverse impacts on essential fish habitat (EFH) will not occur during 
the EIS process and that the choice of reasonable alternatives will not 
be limited.
    Response: NMFS prepared a draft EIS for EFH dated January 2004, 
which included a broad range of alternatives for minimizing the effects 
of fishing on EFH. Further information on the draft EIS may be found at 
the NMFS Alaska Region Web site at www.fakr.noaa.gov. NMFS is revising 
the EIS to include two additional alternatives based on public 
comments. The final EFH EIS is scheduled for publication by June 1, 
2005. Fishing in accordance with this action in the context of the 
fishery as a whole could have led to adverse impacts on EFH. Therefore, 
NMFS prepared an EFH Assessment that incorporates all of the 
information required in 50 CFR 600.920(e)(3), and initiated EFH 
consultation pursuant to 50 CFR 600.920(i). The EFH Assessment is 
contained in the EA prepared for this action. The consultation found 
that this action continues to minimize to the extent practicable 
adverse effects on EFH.
    Comment 5: Fishing, as allowed under the current specifications, is 
overfishing and starves all other marine life of food.
    Response: None of the groundfish species managed in Alaska are 
known to be experiencing overfishing or are overfished as defined by 
the Magnuson-Stevens Act. Ecosystem considerations are part of the 
harvest specification process to ensure fish harvests impacts on the 
ecosystem are minimized as much as possible and that all organisms 
dependent on the marine ecosystem are adequately protected.
    Comment 6: All quotas should be cut by 50 percent starting in 2005 
and 10 percent each year thereafter. Also, marine sanctuaries should be 
established.
    Response: The commentor provided no reason for the quotas to be 
reduced. The decisions on the amount of harvest are based on the best 
available science and socioeconomic considerations. NMFS finds that the 
ABCs and TACs are consistent with the biological condition of the 
groundfish stocks as described in the 2004 SAFE report and approved by 
the Council. Additionally, this action does not address the creation of 
marine sanctuaries. The concept of establishing marine reserves is 
explored in the draft environmental impact statement (EIS) for 
essential fish habitat (EFH), dated January 2004. Further information 
on the draft EIS may be found at the NMFS Alaska Region Web site at 
www.fakr.noaa.gov.
    Comment 7: A commentor incorporated the Pew Foundation reports on 
overfishing and the United Nations report on overfishing into their 
comment.
    Response: The specific concerns and relationship of these reports 
to this action are not presented by the commentor. Because no further 
details are provided by the commentor, NMFS is unable to respond 
further to this comment.
    Comment 8: The number of vessels that are allowed to catch fish are 
far to great.
    Response: On January 1, 2000, the NMFS implemented the License 
Limitation Program (LLP), which limits the number, size, and specific 
operation of vessels that may be deployed in the groundfish fisheries 
in the exclusive economic zone off Alaska. By limiting the number of 
vessels that are eligible to participate in the affected fisheries, the 
LLP places an upper limit on the amount of capitalization that may 
occur in those fisheries. This upper limit will prevent future 
overcapitalization in those fisheries at levels that could occur if 
such a constraint was not present. The number of vessels participating 
in the groundfish fisheries off Alaska has decreased approximately 16 
percent from 1,228 vessels in 2000 to 1,037 vessels in 2003.
    Comment 9: Steller sea lions and other seal populations are being 
decimated by the commercial fisheries.
    Response: Several species of groundfish, notably pollock, Pacific 
cod, and Atka mackerel, are important prey species for Steller sea 
lions and are also targeted by the groundfish fisheries. The pollock, 
Pacific cod, and Atka mackerel fisheries may compete with Steller sea 
lions by reducing the availability of prey for foraging sea lions. 
However, this potential competition between commercial fishers and 
Steller sea lions for pollock, Pacific cod, and Atka mackerel is 
addressed by regulations that limit the total amount of catch and 
impose temporal and spatial controls on harvest. These Steller sea lion 
protection measures are designed to preserve prey abundance and 
availability for foraging sea lions. These protection measures ensure 
the groundfish fisheries are unlikely to cause jeopardy of extinction 
or adverse modification or destruction of critical habitat for the 
Western distinct population segment of Steller sea lions.
    Comment 10: NMFS does not use the ``best'' information. It uses 
manipulated information submitted by commercial fisheries. NMFS does 
zero law enforcement to catch illegal raping of the sea.
    Response: NMFS used data from sources other than the fishing 
industry reported data. NMFS uses data from fisheries observers who are 
biologists working independently to collect biological information 
aboard commercial fishing vessels and at shoreside processing plants in 
Alaska. Observers are deployed by private, federally permitted observer 
providers. The NMFS, AFSC, Resource Assessment and Conservation 
Engineering Division conducts fishery surveys to measure the 
distribution and abundance of commercially important fish stocks in the 
BSAI and GOA. This data is used to investigate biological processes and 
interactions with the environment to estimate growth, mortality, and 
recruitment to improve the precision and accuracy of forecasting stock 
dynamics. Data derived from groundfish surveys are documented in 
scientific reports and are incorporated into stock assessment advice to 
the Council, international fishery management organizations, the 
fishing industry, and the general public. See comment 12 regarding NMFS 
fishery enforcement.
    Comment 11: The time period for the public to comment on this 
proposed rule should be extended by 120 days.
    Response: The commentor provided no reason for the comment period 
extension request. Because no justification is known for extending the 
comment period, the comment period remains 30 days for the proposed 
rule.
    Comment 12: The fisherman are taking 3 times what they report.
    Response: NMFS disagrees with the commentor's assertion that 
groundfish fishers systematically under-report their catch. The 
recordkeeping and reporting requirements in these fisheries are 
comprehensive, and NMFS and United States Coast Guard law enforcement 
officers conduct numerous vessel boardings each year. Reporting 
violations do occur, but they are relatively rare compared to the 
participation in the overall fishery and are prosecuted pursuant to the 
Magnuson-Stevens Act.
    Comment 13: A commentor provided an article regarding the United 
Nations recommendations for banning of high seas bottom trawling.
    Response: The commentor did not provide the relationship of this 
action to the article. This action is limited to the EEZ off Alaska and 
does not address high seas commercial fishing activities.

[[Page 8998]]

However, NMFS does work on issues concerning high seas commercial 
fishing activities. One example is the limitation of high seas drift 
net fishing for salmon in the north Pacific. As a result of this 
international treaty the United States is empowered to prohibit United 
States vessels from participating in this activity and enforce the 
terms of the treaty on the high seas. Also, NMFS, AFSC is conducting 
studies on the impacts of bottom trawls on the sea floor and the 
description of bottom types.
    Comment 14: It is unclear why there is a slight difference between 
the 2005 and 2006 A/B season apportionments of the Aleut Corporation 
fishery.
    Response: The values for 2005 and 2006 Aleut Corporation fisheries 
should be 9,800 mt for the A season and 5,300 mt for the B season. 
There was an error in the proposed specifications and it has been 
corrected in the final specifications based on the December Council 
recommendations.
    Comment 15: The decrease in the AI pollock ABC from the proposed 
amount of 39,400 mt to the final amount of 29,400 mt will change the 
amount of the Aleut Corporation's A season fishery from 13,800 mt under 
the proposed harvest specifications to 9,800 mt under the final 
specifications. This should not affect the CDQ or ICA amounts, or the A 
season apportionments of the CDQ and ICA.
    Response: The Aleut Corporations's A season allocation of pollock 
decreases from 13,800 mt under the proposed specifications to 9,800 mt 
under the final specifications. The CDQ and ICA amounts are the same as 
under the proposed and final specifications.
    Comment 16: The commentor agrees that is it appropriate to maintain 
the 40/60 seasonal apportionment of the CDQ allocation.
    Response: The CDQ pollock allocation in the AI will 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).
    Comment 17: The ICA does not need to be set at 2,000 mt in the 
initial specifications.
    Response: NMFS emphasizes that this is the first year of new 
management for AI pollock. In 2003, the total catch of AI pollock was 
1,653 mt. NMFS is establishing an ICA of 2,000 mt to ensure enough 
pollock is available to support bycatch needs in other groundfish 
fisheries and to minimize the potential of disrupting the AI directed 
pollock fishery.

Small Entity Compliance Guide

    The following information is a plain language guide to assist small 
entities in complying with this final rule as required by the Small 
Business Regulatory Enforcement Fairness Act of 1996. This final rule's 
primary management measures are to announce 2005 final harvest 
specifications and prohibited species bycatch allowances for the 
groundfish fishery of the BSAI. This action is necessary to establish 
harvest limits and associated management measures for groundfish during 
the 2005 and 2006 fishing years and to accomplish the goals and 
objectives of the Fishery Management Plan for Groundfish of the Bering 
Sea and Aleutian Islands Management Area. This action affects all 
fishermen who participate in the BSAI fishery. The specific amounts of 
OFL, ABC, TAC and PSC amounts are provided in tabular form to assist 
the reader. NMFS will announce closures of directed fishing in the 
Federal Register and in information bulletins released by the Alaska 
Region. Affected fishermen should keep themselves informed of such 
closures.

Classification

    This action is authorized under Sec.  679.20 and is exempt from 
review under Executive Order 12866.
    A Final Regulatory Flexibility Analysis (FRFA) was prepared to 
evaluate the impacts of the 2005 and 2006 harvest level specifications 
on directly regulated small entities. This FRFA is intended to meet the 
statutory requirements of the Regulatory Flexibility Act (RFA).
    The proposed rule for the BSAI specifications was published in the 
Federal Register on December 8, 2004 (69 FR 70974). A correction was 
published on December 22, 2004 (69 FR 76682). An Initial Regulatory 
Flexibility Analysis (IRFA) was prepared for the proposed rule, and 
described in the classifications section of the preamble to the rule. 
Copies of the IRFA prepared for this action are available from Alaska, 
Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Lori Durall. The 
public comment period ended on January 7, 2005. No comments were 
received on the IRFA or regarding the economic impacts of this rule.
    The 2005 and 2006 harvest specifications establish harvest limits 
for the groundfish species and species groups in the BSAI. This action 
is necessary to allow fishing in 2005 and 2006. About 758 small catcher 
vessels, 24 small catcher-processors, and six small private non-profit 
CDQ groups may be directly regulated by the BSAI specifications.
    This regulation does not impose new recordkeeping or reporting 
requirements on the regulated small entities. This regulation does not 
duplicate, overlap, or conflict with any other Federal rules.
    The FRFA examined the impacts of the preferred alternative on small 
entities within fisheries defined by the harvest of species groups 
whose TACs might be affected by the specifications. The FRFA identified 
the following adverse impacts of the preferred alternative on small 
fishing operations harvesting sablefish and Pacific cod in the BSAI and 
on CDQ groups operating in the BSAI.
    The aggregate gross revenues for an estimated 53 small BSAI 
sablefish entities were estimated to decline by about $1.6 million. A 
reduction in revenues of this magnitude would have accounted for about 
2.7 percent of total 2003 gross revenues from all sources for these 
small entities.
    The aggregated gross revenues for an estimated 120 small BSAI 
Pacific cod entities were estimated to decline by about $1.7 million. A 
reduction in revenues of this magnitude would have accounted for about 
1.3% of total 2003 gross revenues from all sources for these small 
entities.
    The aggregate gross revenues for six small BSAI CDQ group entities 
were estimated to decline by about $1.2 million between 2004 and 2006. 
This is less than 1 percent of the gross revenues for these allocations 
in 2004.
    Although the preferred alternative had adverse impacts on some 
classes of small entities, compared to the fishery in the preceding 
year, alternatives that had smaller adverse impacts were precluded by 
biological management concerns. Four alternatives were evaluated, in 
addition to the preferred alternative. Alternative 1 set TACs equal to 
the maxFABC fishing rate. Alternative 1 was 
associated with high TACs, high revenues, and TACs that exceeded the 
statutory BSAI OY. Alternative 2, the preferred alternative, set TACs 
to produce the fishing rates recommended by the Council on the basis of 
Plan Team and SSC recommendations. Alternative 3 set TACs to produce 
fishing rates equal to half the maxFABC, and 
Alternative 4 set TACs to produce fishing rates equal to the last five 
years' average fishing rate. Alternative 5 set TACs equal to zero.
    The BSAI Pacific cod fishermen and CDQ groups would have had larger 
gross revenues under Alternative 1 than under the preferred 
alternative. The BSAI sablefish fishermen would not have had larger 
gross revenues under

[[Page 8999]]

any alternative. While Pacific cod fishermen and CDQ groups would have 
had higher gross revenues under Alternative 1, total BSAI TACs would 
have been greater than the two million mt BSAI OY required by law. An 
increase in the TAC for Pacific cod would have had to come at the 
expense of TACs provided to other operations. Moreover, and most 
importantly, both the Pacific cod and sablefish TACs set under the 
preferred alternative were set equal to the ABCs recommended by the 
Council's BSAI Plan Team and its SSC. Higher TACs would not be 
consistent with prudent biological management of the fishery; 
therefore, Alternative 2 was chosen instead of Alternative 1 because it 
sets TACs as high as possible while still protecting the biological 
health of the stock. Alternative 2 was chosen instead of Alternatives 
3, 4, or 5 because it provided these groups larger gross revenues than 
Alternatives 3, 4, or 5.
    Under the provisions of 5 U.S.C. 553(b)(B), an agency can waive the 
requirement for prior notice and opportunity for public comment if for 
good cause it finds that such notice and comment is impracticable, 
unnecessary, or contrary to public interest. Certain fisheries, such as 
those for Pacific cod, Atka mackerel, and Pacific ocean perch, are 
intensive fast-paced fisheries. Other fisheries, such as those for 
flatfish and rockfish, are critical as directed fisheries and as 
incidental catch in other fisheries. U.S. fishing vessels have 
demonstrated the capacity to catch full TAC allocations in all these 
fisheries. Any delay in allocating full TAC in these fisheries would 
cause disruption to the industry and potential economic harm through 
unnecessary discards. These final harvest specifications which contain 
this TAC allocation were developed as quickly as possible, given Plan 
Team review in November 2004, Council consideration and recommendations 
in December 2004, and NOAA Fisheries review and development in January-
February 2005. For the foregoing reasons and pursuant to 50 CFR 
679.20(b)(3) and 5 U.S.C. 553(b)(B), NMFS finds good cause to waive the 
requirement for prior notice and opportunity for public comment for the 
apportionment of a portion of the non-specified reserve to fisheries 
that it has determined appropriate (see Table 2) to increase the ITAC 
to an amount that is equal to TAC minus the CDQ reserve in order to 
allow for the orderly conduct and efficient operation of these 
fisheries because such notice and comment is impracticable and contrary 
to the public interest.
    Under the provisions of 5 U.S.C. 553(d)(1), an agency can waive a 
delay in the effective date of a substantive rule if it relieves a 
restriction. Unless this delay is waived, fisheries that are currently 
closed (see SUPPLEMENTARY INFORMATION) because the interim TACs were 
reached would remain closed until the final harvest specifications 
became effective. Those closed fisheries are restrictions on the 
industry that can be relieved by making the final harvest 
specifications effective on publication.
    Under the provisions of 5 U.S.C. 553(d)(3), an agency can waive a 
delay in the effective date for good cause found and published with the 
rule. For all other fisheries not currently closed because the interim 
TACs were reached, the likely possibility exists for their closures 
prior to the expiration of a 30-day delayed effectiveness period 
because their interim TACs or PSC allowances could be reached. 
Determining which fisheries may close is impossible because these 
fisheries are affected by several factors that cannot be predicted in 
advance, including fishing effort, weather, movement of fishery stocks, 
and market price. Furthermore, the closure of one fishery has a 
cascading effect on other fisheries by freeing-up fishing vessels, 
allowing them to move from closed fisheries to open ones, increasing 
the fishing capacity in those open fisheries and causing them to close 
at an accelerated pace. The interim harvest specifications currently in 
effect are not sufficient to allow directed fisheries to continue 
predictably, resulting in unnecessary closures and disruption within 
the fishing industry and the potential for regulatory discards. The 
final harvest specifications establish increased TACs and PSC 
allowances to provide continued directed fishing for species that would 
otherwise be prohibited under the interim harvest specifications. These 
final harvest specifications were developed as quickly as possible, 
given Plan Team review in November 2004, Council consideration and 
recommendations in December 2004, and NOAA fisheries review and 
development in January-February 2005. Additionally, if the final 
harvest specifications are not effective by February 27, 2005, which is 
the start of the Pacific halibut season as specified by the IPHC, the 
longline sablefish fishery will not begin concurrently with the Pacific 
halibut season. This would cause sablefish that is caught with Pacific 
halibut to be discarded, as both longline sablefish and Pacific halibut 
are managed under the same IFQ program.

    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.

    Dated: February 17, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 05-3582 Filed 2-23-05; 8:45 am]
BILLING CODE 3510-22-P