[Federal Register Volume 71, Number 42 (Friday, March 3, 2006)]
[Rules and Regulations]
[Pages 10894-10912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1995]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216044-6044-01; I.D. 112805B]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; 2006 and 2007 Final Harvest Specifications for 
Groundfish

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

ACTION: Final rule; apportionment of reserves; closures.

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SUMMARY: NMFS announces 2006 and 2007 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 2006 
and 2007 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 2006 and 2007 final harvest specifications and associated 
apportionment of reserves are effective at 1200 hrs, Alaska local time 
(A.l.t.), March 3, 2006 through 2400 hrs, A.l.t., December 31, 2007.

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: Records Officer or from the Alaska Region Web site at http://www.fakr.noaa.gov. Copies of the 2005 Stock Assessment and Fishery 
Evaluation (SAFE) report for the groundfish resources of the BSAI, 
dated November 2005, 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: 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 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. Section 679.20(c)(3) further requires 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 listed in Tables 1 through 17 of this action satisfy 
these requirements. For 2006 and 2007, the sum of TACs for each year is 
2 million mt.
    The 2006 and 2007 proposed harvest specifications and PSC 
allowances for the groundfish fishery of the BSAI were published in the 
Federal Register on December 16, 2005 (70 FR 74723). Comments were 
invited and accepted through January 17, 2006. NMFS received 1 letter 
with several comments on the proposed harvest specifications. These 
comments are summarized and responded to in the Response to Comments 
section. NMFS consulted with the Council during the December 2005 
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 2006 and 2007 
final harvest specifications as recommended by the Council.

Acceptable Biological Catch (ABC) and TAC Harvest Specifications

    The final ABC levels are based on the best available biological and

[[Page 10895]]

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 1 represents the highest level of 
data quality and tier 6 the lowest level of data quality available.
    In December 2005, the Scientific and Statistical Committee (SSC), 
Advisory Panel (AP), and Council reviewed current biological 
information about the condition of the BSAI groundfish stocks. The 
Council's Plan Team complied and presented this information in the 2005 
SAFE report for the BSAI groundfish fisheries, dated November 2005. 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 OFL and ABC for each species 
or species category.
    In December 2005, the SSC, AP, and Council reviewed the Plan Team's 
recommendations. Except for Bogoslof pollock and the ``other species'' 
category, the SSC, AP, and Council endorsed the Plan Team's ABC 
recommendations. For 2006 and 2007, the SSC recommended lower Bogoslof 
pollock OFLs and ABCs than the maximum permissible OFLs and ABCs 
recommended by the Plan Team. 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 resulting in lower ABCs than 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 2006 and 2007 ABC amounts reflect the 8th and 9th years 
of 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 sum of the TACs within the required optimum yield (OY) 
range of 1.4 million to 2 million mt. The Council adopted the AP's 2006 
and 2007 TAC recommendations. None of the Council's recommended TACs 
for 2006 or 2007 exceeds the final 2006 or 2007 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 2005 SAFE report that was approved by the Council.

Other Rules Affecting the 2006 and 2007 Harvest Specifications

    The 2007 harvest specifications will be updated in early 2007, when 
new harvest specifications for 2007 and 2008 are implemented.
    The Council is reviewing Amendment 85, which may revise the BSAI 
Pacific cod sector allocation and apportion the Pacific cod ABC or TAC 
by Bering Sea subarea and Aleutian Islands (AI) subarea separately 
instead of by the entire BSAI management area. The Council is also 
reviewing Amendment 84, which may modify current regulations for 
managing incidental catch of chinook and chum salmon. Another action 
the Council may consider is separating some species from the ``other 
species'' species category and establishing separate OFLs, ABCs, and 
TACs for those species.

Changes From the 2006 and 2007 Proposed Harvest Specifications in the 
BSAI

    In October 2005, the Council's recommendations for the 2006 and 
2007 proposed harvest specifications (70 FR 74723, December 16, 2005) 
were based largely on information contained in the 2004 SAFE report for 
the BSAI groundfish fisheries, dated November 2004. The Council 
recommended that OFLs and ABCs for stocks in tiers 1 through 3 be based 
on biomass projections as set forth in the 2004 SAFE report and 
estimates of groundfish harvests through the 2005 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 2005 
until the 2005 SAFE report could be completed. The 2005 SAFE report 
(dated November 2005), which was not available when the Council made 
its recommendations in October 2005, contains the best and most recent 
scientific information on the condition of the groundfish stocks. In 
December 2005, the Council considered the 2005 SAFE report in making 
its recommendations for the 2006 and 2007 final harvest specifications. 
Based on the 2005 SAFE report, the sum of the 2006 and 2007 recommended 
final TACs for the BSAI (2,000,000 mt) is the same as the sum of the 
2006 and 2007 proposed TACs. Those species for which the final 2006 TAC 
is lower than the proposed 2006 TAC are Bering Sea subarea pollock 
(decreased to 1,485,000 mt, from 1,487,756 mt), Pacific cod (decreased 
to 194,000 mt, from 195,000 mt), Greenland turbot (decreased to 2,740 
mt, from 3,500 mt), rock sole (decreased to 41,500 mt, from 42,000 mt), 
flathead sole (decreased to 19,500 mt, from 20,000 mt), Alaska plaice 
(decreased to 8,000 mt, from 10,000 mt), northern rockfish (decreased 
to 4,500 mt, from 5,000 mt), shortraker rockfish (decreased to 580 mt, 
from 596 mt), and ``other species'' (decreased to 29,000 mt, from 
29,200 mt). Those species for which the final 2006 TAC is higher than 
the proposed 2006 TAC are Bering Sea sablefish (increased to 2,820 mt, 
from 2,310 mt), AI sablefish (increased to 3,000 mt, from 2,480 mt), 
``other flatfish'' (increased to 3,500 mt, from 3,000 mt), yellowfin 
sole (increased to 95,701 mt, from 90,000 mt), arrowtooth flounder 
(increased to 13,000 mt, from 12,000 mt), and rougheye rockfish 
(increased to 224 mt, from 223 mt). Those species for which the final 
2007 TAC is lower than the proposed 2007 TAC are Pacific cod (decreased 
to 148,000 mt, from 172,200 mt), Bering Sea Greenland turbot (decreased 
to 2,630 mt, from 10,500 mt), Atka mackerel (decreased to 63,000 mt, 
from 90,800 mt), yellowfin sole (decreased to 107,641 mt, from 109,600 
mt), rock sole (decreased to 44,000 mt, from 116,100 mt), arrowtooth 
flounder (decreased to 18,000 mt, from 39,100 mt), flathead sole 
(decrease to 22,000 mt, from 50,600 mt), ``other flatfish'' (decreased 
to 5,000 mt, from 21,400 mt), Alaska plaice (decreased to 15,000 mt, 
from 65,000 mt), Pacific ocean perch (decreased to 14,800 mt, from 
15,100 mt), northern rockfish (decreased to 5,000 mt, from 8,200 mt), 
shortraker rockfish (decreased to 580 mt, from 596 mt), squid 
(decreased to 1,275 mt, from 1,970 mt), and ``other species'' 
(decreased to 27,000 mt, from 29,200). Those species for which the 
final 2007 TAC is higher than the proposed 2007 TAC are Bering Sea 
pollock (increased to 1,500,000 mt,

[[Page 10896]]

from 1,223,200 mt), Bering Sea sablefish (increased to 2,700 mt, from 
2,400 mt), AI sablefish (increased to 2,740 mt, from 2,600 mt), and 
rougheye rockfish (increased to 224 from 223 mt). As mentioned in the 
2006 and 2007 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 2006 and 2007 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 2006 and 2007 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 BSAI sablefish, yellowfin sole, 
arrowtooth flounder, ``other flatfish'', and rougheye rockfish. 
Conversely, the Council reduced TAC levels to provide greater 
protection for several species, these include Bering Sea subarea 
pollock, Pacific cod, rock sole, Greenland turbot, flathead sole, 
Alaska plaice, northern rockfish, shortraker rougheye, and ``other 
species.'' 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 apprised and could have made meaningful comments.
    Table 1 lists the 2006 and 2007 final OFL, ABC, TAC, ITAC and CDQ 
reserve amounts of the BSAI groundfish. The apportionment of TAC 
amounts among fisheries and seasons is discussed below.

  Table 1.--2006 and 2007 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     2006                                                   2007
           Species                 Area    -------------------------------------------------------------------------------------------------------------
                                               OFL        ABC        TAC      ITAC \2\   CDQ \3\      OFL        ABC        TAC      ITAC \2\   CDQ \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\..................  BS \2\.....  2,090,000  1,930,000  1,485,000  1,336,500    148,500  1,930,000  1,790,000  1,500,000  1,350,000    150,000
                               AI \2\.....     39,100     29,400     19,000     17,100      1,900     39,100     29,400     19,000     17,100      1,900
                               Bogoslof...     50,600      5,500         10         10        n/a     50,600      5,500         10         10        n/a
Pacific cod..................  BSAI.......    230,000    194,000    194,000    164,900     14,550    176,000    148,000    148,000    125,800     11,100
Sablefish \5\................  BS.........      3,680      3,060      2,820      2,327        388      3,260      2,700      2,700      1,148        101
                               AI.........      3,740      3,100      3,000      2,438        499      3,300      2,740      2,740        582         51
Atka mackerel................  BSAI.......    130,000    110,000     63,000     53,550      4,725    107,000     91,000     63,000     53,550      4,725
                               EAI/BS.....        n/a     21,780      7,500      6,375        563        n/a     18,020      7,500      6,375        563
                               CAI........        n/a     46,860     40,000     34,000      3,000        n/a     38,760     38,000     32,300      2,850
                               WAI........        n/a     41,360     15,500     13,175      1,163        n/a     34,220     17,500     14,875      1,313
Yellowfin sole...............  BSAI.......    144,000    121,000     95,701     81,346      7,178    137,000    116,000    107,641     91,495      8,073
Rock sole....................  BSAI.......    150,000    126,000     41,500     35,275      3,113    145,000    122,000     44,000     37,400      3,300
Greenland turbot.............  BSAI.......     14,200      2,740      2,740      2,329        206     13,400      2,630      2,630      2,236        197
                               BS.........        n/a      1,890      1,890      1,607        142        n/a      1,815      1,815      1,543        136
                               AI.........        n/a        850        850        723         64        n/a        815        815        693         61
Arrowtooth flounder..........  BSAI.......    166,000    136,000     13,000     11,050        975    174,000    142,000     18,000     15,300      1,350
Flathead sole................  BSAI.......     71,800     59,800     19,500     16,575      1,463     67,900     56,600     22,000     18,700      1,650
Other flatfish \6\...........  BSAI.......     24,200     18,100      3,500      2,975        263     24,200     18,100      5,000      4,250        375
Alaska plaice................  BSAI.......    237,000    188,000      8,000      6,800        600    231,000    183,000     15,000     12,750      1,125
Pacific ocean perch..........  BSAI.......     17,600     14,800     12,600     10,710        945     17,600     14,800     14,800     12,580      1,110
                               BS.........        n/a      2,960      1,400      1,190        105        n/a      2,960      2,960      2,516        222
                               EAI........        n/a      3,256      3,080      2,618        231        n/a      3,256      3,256      2,768        244
                               CAI........        n/a      3,212      3,035      2,580        228        n/a      3,212      3,212      2,730        241
                               WAI........        n/a      5,372      5,085      4,322        381        n/a      5,375      5,372      4,566        403
Northern rockfish............  BSAI.......     10,100      8,530      4,500      3,825        338      9,890      8,320      5,000      4,250        375
Shortraker rockfish..........  BSAI.......        774        580        580        493         44        774        580        580        493         44
Rougheye rockfish............  BSAI.......        299        224        224        190         17        299        224        224        190         17
Other rockfish \7\...........  BSAI.......      1,870      1,400      1,050        893         79      1,870      1,400      1,400      1,190        105
                               BS.........        n/a        810        460        391         35        n/a        810        810        689         61
                               AI.........        n/a        590        590        502         44        n/a        590        590        502         44
Squid........................  BSAI.......      2,620      1,970      1,275      1,084        n/a      2,620      1,970      1,275      1,084        n/a
Other species \8\............  BSAI.......     89,404     58,882     29,000     24,650      2,175     89,404     62,950     27,000     22,950      2,025
                              --------------------------------------------------------------------------------------------------------------------------
    Total....................  ...........  3,476,987  3,013,086  2,000,000  1,775,020    187,958  3,224,217  2,799,914  2,000,000  1,773,058   187,623
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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\ Pursuant to 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. Pursuant to Sec.   679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ
  directed fishing allowance--10 percent and second for the ICA--1,800 mt, is 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 10897]]

Reserves and the Incidental Catch Allowance (ICA) for Pollock

    Section 679.20(b)(1)(i) requires the placement of 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, in a non-
specified reserve. Section 679.20(b)(1)(iii) further requires the 
allocation of one-half of each TAC amount that is placed in the non-
specified reserve (7.5 percent), with the exception of squid, to the 
groundfish CDQ reserve, and the allocation of 20 percent of the hook-
and-line and pot gear allocation of sablefish to the fixed gear 
sablefish CDQ reserve. Sections 679.20(a)(5)(i)(A) and 679.31(a) also 
require the allocation of 10 percent of the BSAI pollock TACs 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. 
Section 679.21(e)(1)(i) requires withholding of 7.5 percent of each PSC 
limit, with the exception of herring, as a PSQ reserve for the CDQ 
fisheries. Sections 679.30 and 679.31 set forth regulations governing 
the management of the CDQ and PSQ reserves.
    Pursuant to 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 
NMFS' examination of the pollock incidental catch, including the 
incidental catch by CDQ vessels, in target fisheries other than pollock 
from 1998 through 2005. During this 6-year period, the pollock 
incidental catch ranged from a low of 2 percent in 2003, to a high of 5 
percent in 1999, with a 6-year average of 3.5 percent. Pursuant to 
Sec.  679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS recommends setting a 
1,800 mt ICA for AI subarea pollock after subtraction of the 10 percent 
CDQ directed fishing allowance.
    The regulations do not designate the remainder of the non-specified 
reserve by species or species group. 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.--2006 and 2007 Apportionment of Reserves to ITAC Categories
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                  2006                      2007
                  Species--area or subarea                      reserve    2006  final    reserve    2007  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....................        3,000       37,000        2,850       35,150
Atka mackerel--Western Aleutian District....................        1,163       14,338        1,313       16,188
Pacific ocean perch--Eastern Aleutian District..............          231        2,849          244        3,012
Pacific ocean perch--Central Aleutian District..............          228        2,808          241        2,971
Pacific ocean perch--Western Aleutian District..............          381        4,703          403        4,969
Pacific cod--BSAI...........................................       14,550      179,450       11,100      136,900
Shortraker rockfish--BSAI...................................           44          537           44          537
Rougheye rockfish--BSAI.....................................           17          207           17          207
Northern rockfish--BSAI.....................................          338        4,163          375        4,625
Other rockfish--Bering Sea subarea..........................           35          426           61          750
                                                             ---------------------------------------------------
    Total...................................................       20,550      253,419       17,211      212,247
----------------------------------------------------------------------------------------------------------------

Allocation of Pollock TAC Under the American Fisheries Act (AFA)

    Section 679.20(a)(5)(i)(A) requires that the pollock TAC 
apportioned to the Bering Sea subarea, after subtraction of the 10 
percent for the CDQ program and the 3.35 percent for the ICA, will 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 is the amount of pollock remaining in the AI subarea 
after subtracting 1,900 mt for the CDQ DFA (10 percent) and 1,800 mt 
for the ICA. In the AI subarea, 40 percent of the ABC is allocated to 
the A season and the remainder of the directed pollock fishery is 
allocated to the B season. Table 3 lists these 2006 and 2007 amounts.
    Section 679.20(a)(5)(i)(A)(4) also includes several specific 
requirements regarding pollock and pollock allocations. 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 
among 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 2006 and 
2007 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 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 the SCA before April 1 or inside 
the SCA after April 1. If the 28 percent of the annual

[[Page 10898]]

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 2006 and 2007 amounts.

        Table 3.--2006 and 2007 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA)\1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   2006 A season \1\        2006 B                     2007 A season \1\        2007 B
                                                              --------------------------  season \1\              --------------------------  season \1\
                 Area and sector                      2006                              -------------     2007                              ------------
                                                  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..............................    1,485,000          n/a          n/a          n/a    1,500,000          n/a          n/a          n/a
CDQ DFA.........................................      148,500       59,400       41,580       89,100      150,000       60,000       42,000       90,000
ICA \1\.........................................       44,773          n/a          n/a          n/a       45,225          n/a          n/a          n/a
AFA Inshore.....................................      645,864      258,345      180,842      387,518      652,388      260,955      182,669      391,433
AFA Catcher/Processors \3\......................      516,691      206,676      144,673      310,015      521,910      208,764      146,135      313,146
    Catch by C/Ps...............................      472,772      189,109          n/a      283,663      477,548      191,019          n/a      286,529
    Catch by CVs \3\............................       43,919       17,567          n/a       26,351       44,362       17,745          n/a       26,617
        Unlisted C/P Limit \4\..................        2,583        1,033          n/a        1,550        2,610        1,044          n/a        1,566
AFA Motherships.................................      129,173       51,669       36,168       77,504      130,478       52,191       36,534       78,287
Excessive Harvesting Limit \5\..................      226,052          n/a          n/a          n/a      228,336          n/a          n/a          n/a
Excessive Processing Limit \6\..................      387,518          n/a          n/a          n/a      391,433          n/a          n/a          n/a
                                                 -------------------------------------------------------------------------------------------------------
    Total Bering Sea DFA........................    1,440,228      576,090      403,263      864,137    1,454,776      581,910      407,338      872,866
Aleutian Islands subarea \1\....................       19,000          n/a          n/a          n/a       19,000          n/a          n/a          n/a
    CDQ DFA.....................................        1,900          760          n/a        1,140        1,900          760          n/a        1,140
    ICA.........................................        1,800        1,200          n/a          600        1,800        1,200          n/a          600
    Aleut Corporation...........................       15,300        9,800          n/a        5,500       15,300        9,800          n/a        5,500
                                                 -------------------------------------------------------------------------------------------------------
Bogoslof District ICA \7\.......................           10          n/a          n/a          n/a           10          n/a          n/a         n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Pursuant to 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, 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. Pursuant to Sec.   679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed
  fishing allowance--10 percent and second the ICA--1,800 mt, is allocated to the Aleut Corporation for a directed pollock fishery. 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\ Pursuant to 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\ Pursuant to 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\ Pursuant to 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\ Pursuant to 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

    Pursuant to 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 2006 and 2007. Based on the 2006 and 2007 
ITACs and reserve apportionments that together total 6,938 mt, the jig 
gear allocation is 69 mt.
    Section Sec.  679.20(a)(8)(ii)(A) apportions 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).
    Pursuant to 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 10899]]



                 Table 4.-2006 and 2007 Seasonal and Spatial Allowances, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 2006 seasonal allowances \2\
                                                                                                     ---------------------------------------------------
                                                                 2006 CDQ     2006 CDQ                      A season \3\              B season \3\
              Subarea and component                 2006 TAC     reserve    reserve HLA   2006 ITAC  ---------------------------------------------------
                                                                             limit \4\                              HLA limit                 HLA limit
                                                                                                         Total         \4\         Total         \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western AI District.............................       15,500        1,163          698       14,338        7,169        4,301        7,169        4,301
Central AI District.............................       40,000        3,000        1,800       37,000       18,500       11,100       18,500       11,100
EAI/BS subarea \5\..............................        7,500          563          n/a        6,938          n/a          n/a          n/a          n/a
    Jig (1%) \6\................................          n/a          n/a          n/a           69          n/a          n/a          n/a          n/a
    Other gear (99%)............................          n/a          n/a          n/a        6,868        3,434          n/a        3,434          n/a
                                                 --------------
        Total...................................       63,000          n/a          n/a          n/a       29,103          n/a       29,103          n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
                                                                                                                2007 Seasonal allowances \2\
                                                                                                -----------------------------------------------------------
                                                                         2007 CDQ                                             B season \3\
           Subarea and component               2007 TAC     2007 CDQ   reserve HLA   2007 ITAC               ----------------------------------------------
                                                            reserve     limit \4\                  A season                                           HLA
                                                                                                     \3\         Total      HLA limit      Total     limit
                                                                                                                               \4\                    \4\
--------------------------------------------------------------------------------------------------------------------------------------------------- -------
Western AI District........................       17,500        1,313          788       16,188        8,094        4,856        8,094        4,856
Central AI District........................       38,000        2,850        1,710       35,150       17,575       10,545       17,575       10,545
EAI/BS subarea \5\.........................        7,500          563          n/a        6,938          n/a          n/a          n/a          n/a
    Jig (1%) \6\...........................          n/a          n/a          n/a           69          n/a          n/a          n/a          n/a
    Other gear (99%).......................          n/a          n/a          n/a        6,868        3,434          n/a        3,434          n/a
                                            --------------
        Total..............................       63,000          n/a          n/a          n/a       29,103          n/a       29,103         n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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
  2006 and 2007, 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

    Pursuant to 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. Section 679.20(a)(7)(i)(B) further allocates the portion of the 
Pacific cod ITAC allocated to trawl gear as 50 percent to catcher 
vessels and 50 percent to catcher/processors. Section 
679.20(a)(7)(i)(C)(1) sets aside a portion of the Pacific cod ITAC 
allocated to hook-and-line or pot gear 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 2006 and 2007 
allocations and seasonal apportionments of the Pacific cod ITAC. In 
accordance with Sec.  679.20(a)(7)(ii)(D) and (iii)(B), any unused 
portion of a seasonal Pacific cod allowance will become available at 
the beginning of the next seasonal allowance.

[[Page 10900]]



                                                    Table 5.--2006 and 2007 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod ITAC
                                                                                  [Amounts are in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     2006        2006       2006        2006 seasonal  appointment \1\       2007       2007       2007        2007 seasonal  appointment \1\
                                                   share of    subtotal   share of --------------------------------------- share of   subtotal   share of --------------------------------------
              Gear sector                 Percent    gear    percentages    gear                                             gear    percentage    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    91,520         n/a        n/a  n/a........................       n/a    69,819        n/a        n/a  n/a........................       n/a
Hook-and-line/pot ICA..................       n/a       n/a         n/a        500  n/a........................       n/a       n/a        n/a        500  n/a........................       n/a
Hook-and-line/pot sub-total............       n/a    91,020         n/a        n/a  n/a........................       n/a    69,319        n/a        n/a  n/a........................       n/a
Hook-and-line C/P......................       n/a       n/a          80     72,816  Jan 1-Jun 10...............    43,690       n/a         80     55,455  Jan 1-Jun 10...............    33,273
                                         ........  ........  ...........  ........  Jun 10-Dec 31..............    29,126  ........  ..........  ........  Jun 10-Dec 31..............    22,182
Hook-and-line CV.......................       n/a       n/a         0.3        273  Jan 1-Jun 10...............       164       n/a        0.3        208  Jan 1-Jun 10...............       125
                                         ........  ........  ...........  ........  Jun 10-Dec 31..............       109  ........  ..........  ........  Jun 10-Dec 31..............        83
Pot C/P................................       n/a       n/a         3.3      3,004  Jan 1-Jun 10...............     1,803       n/a        3.3      2,288  Jan 1-Jun 10...............     1,373
                                         ........  ........  ...........  ........  Sept 1-Dec 31..............     1,201  ........  ..........  ........  Sept 1-Dec 31..............       915
Pot CV.................................       n/a       n/a          15     13,653  Jan 1-Jun 10...............     8,192       n/a         15     10,398  Jan 1-Jun 10...............     6,239
                                         ........  ........  ...........  ........  Sept 1-Dec 31..............     5,461  ........  ..........  ........  Sept 1-Dec 31..............     4,159
CV < 60 feet LOA using Hook-and-line or       n/a       n/a         1.4      1,274  n/a........................       n/a       n/a        1.4        970  n/a........................       n/a
 Pot gear.
                                        --------------------------------------------------------------------------------------------------------------------------------------------------------
    Total Trawl Gear...................        47    84,342         n/a        n/a  n/a........................       n/a    64,343        n/a        n/a  n/a........................       n/a
    Trawl CV...........................  ........  ........          50     42,171  Jan 20-Apr 1...............    29,520  ........         50     32,171  Jan 20-Apr 1...............    22,520
                                         ........  ........  ...........       n/a  Apr 1-Jun 10...............     4,217  ........  ..........       n/a  Apr 1-Jun 10...............     3,217
                                         ........  ........  ...........       n/a  Jun 10-Nov 1...............     8,434  ........  ..........       n/a  Jun 10-Nov 1...............     6,434
    Trawl CP...........................  ........  ........          50     42,171  Jan 20-Apr 1...............    21,086  ........         50     32,171  Jan 20-Apr 1...............    16,086
                                         ........  ........  ...........       n/a  Apr 1-Jun 10...............    12,651  ........  ..........       n/a  Apr 1-Jun 10...............     9,651
                                         ........  ........  ...........       n/a  Jun 10-Nov 1...............     8,434  ........  ..........       n/a  Jun 10-Nov 1...............     6,434
Jig....................................         2     3,589         n/a        n/a  Jan 1-Apr 30...............     1,436     2,738        n/a        n/a  Jan 1-Apr 30...............     1,095
                                         ........  ........         n/a        n/a  Apr 30-Aug 31..............       718  ........        n/a        n/a  Apr 30-Aug 31..............       548
                                         ........  ........         n/a        n/a  Aug 31-Dec 31..............     1,435  ........        n/a        n/a  Aug 31-Dec 31..............     1,095
                                        --------------------------------------------------------------------------------------------------------------------------------------------------------
        Total..........................       100   179,450         n/a        n/a  n/a........................       n/a   136,900        n/a        n/a  n/a........................      n/a
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\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

    Section 679.20(a)(4)(iii) and (iv) requires the allocation of 
sablefish TACs for the Bering Sea and AI subareas 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. Section 
679.20(b)(1)(iii)(B) requires apportionment of 20 percent of the hook-
and-line and pot gear allocation of sablefish to the CDQ reserve. 
Additionally, Sec.  679.20(b)(1)(iii)(A) requires apportionment of 7.5 
percent of the trawl gear allocation of sablefish (one half of the 
reserve) to the CDQ reserve. Pursuant to Sec.  679.20(c)(1)(iv), the 
harvest specifications for the hook-and-line gear and pot gear 
sablefish IFQ fisheries will be limited to the 2006 fishing year to 
ensure those fisheries are conducted concurrent with the halibut IFQ 
fishery. Having the sablefish IFQ fisheries concurrent with the halibut 
IFQ fishery will reduce the potential for discards of halibut and 
sablefish in those fisheries. The sablefish IFQ fisheries will 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 2-
year period concurrent with the remaining BSAI species. Table 6 lists 
the 2006 and 2007 gear allocations of the sablefish TAC and CDQ reserve 
amounts.

                                       Table 6.--2006 and 2007 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Percent of   2006 share   2006 ITAC     2006 CDQ    2007 share                 2007 CDQ
                       Subarea and gear                            TAC         of TAC        \1\        reserve       of TAC     2007 ITAC     reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl \2\................................................           50        1,410        1,199          106        1,350        1,148          101
    Hook-and-line/pot gear \3\...............................           50        1,410        1,128          282          n/a          n/a          n/a
                                                              ------------------------------------------------------------------------------------------
        Total................................................          100        2,820        2,327          388        1,350        1,148          101
Aleutian Islands:
    Trawl \2\................................................           25          750          638           56          685          582           51
    Hook-and-line/pot gear \3\...............................           75        2,250        1,800          450          n/a          n/a          n/a
                                                              ------------------------------------------------------------------------------------------

[[Page 10901]]

 
        Total................................................          100        3,000        2,438          506          685          582          51
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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.

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

    Section 679.21(e) provides the halibut PSC limits. The BSAI halibut 
mortality limits are 3,675 mt for trawl fisheries and 900 mt for the 
non-trawl fisheries. Section 679.21(e)(1)(vii) specifies 29,000 fish as 
the 2006 and 2007 chinook salmon PSC limit for the Bering Sea subarea 
pollock fishery. Section 679.21(e)(1)(i) allocates 7.5 percent, or 
2,175 chinook salmon, as the PSQ for the CDQ program and allocates the 
remaining 26,825 chinook salmon to the non-CDQ fisheries. Section 
679.21(e)(1)(ix) specifies 700 fish as the 2006 and 2007 PSC limit for 
the AI subarea pollock fishery. Section 679.21(e)(l)(i) allocates 7.5 
percent, or 53 chinook salmon, as an AI PSQ for the CDQ program and 
allocates the remaining 647 chinook salmon to the non-CDQ fisheries. 
Section 679.21(e)(1)(viii) specifies 42,000 fish as the 2006 and 2007 
non-chinook salmon PSC limit. Section 679.21(e)(1)(i) allocates 7.5 
percent, or 3,150 non-chinook salmon, as the PSQ for the CDQ program 
and allocates 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 
2005 survey data as 42.6 million king crab and the effective spawning 
biomass is estimated as 68 million pounds (30,845 mt). Based on the 
criteria set out at Sec.  679.21(e)(1)(ii), the 2006 and 2007 PSC limit 
of red king crab in Zone 1 for trawl gear is 197,000 animals. This 
limit results from 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).
    Section 679.21(e)(3)(ii)(B) establishes 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 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 2005 survey data, Tanner crab Chionoecetes bairdi 
abundance is estimated as 763 million animals. Given the criteria set 
out at Sec.  679.21(e)(1)(iii), the 2006 and 2007 C. bairdi crab PSC 
limit for trawl gear is 980,000 animals in Zone 1 and 2,970,000 animals 
in Zone 2. These limits result from the C. bairdi crab abundance 
estimate of over 400 million animals.
    Pursuant to Sec.  679.21(e)(1)(iv), the PSC limit for snow crab C. 
opilio 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 2005 survey 
estimate of 5,217,718,000 animals, the calculated limit is 5,911,674 
animals. Pursuant to Sec.  679.21(e)(1)(iv)(B), the 2006 and 2007 C. 
opilio crab PSC limit is 5,911,674 animals minus 150,000 animals, which 
results in a limit of 5,761,674 animals.
    Pursuant to Sec.  679.21(e)(1)(vi), the PSC limit of Pacific 
herring caught while conducting any trawl operation for BSAI groundfish 
is 1 percent of the annual eastern Bering Sea herring biomass. The best 
estimate of 2006 and 2007 herring biomass is 177,000 mt. This amount 
was derived using 2005 survey data and an age-structured biomass 
projection model developed by the Alaska Department of Fish and Game. 
Therefore, the 2006 and 2007 herring PSC limit is 1,770 mt.
    Pursuant to 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. Section Sec.  679.21(e)(3) requires the 
apportionment of each trawl PSC limit into PSC bycatch allowances for 
seven specified fishery categories. Section 679.21(e)(4)(ii) authorizes 
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.
    Section 679.21(e)(4)(ii) authorizes the 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: (1) The pot gear fisheries 
experience low halibut bycatch mortality, (2) halibut mortality for the 
jig gear fleet cannot be estimated because these vessels do not carry 
observers, and (3) the sablefish and halibut Individual Fishing Quota 
(IFQ) program (subpart D of 50 CFR part 679) requires legal-sized 
halibut to be retained by vessels using hook-and-line gear if a halibut 
IFQ permit holder or a hired master is aboard and is holding unused 
halibut IFQ. In 2005, total BSAI groundfish catch for the pot gear 
fishery was approximately 18,342 mt, with an associated halibut bycatch 
mortality of about 42 mt. The 2005 jig gear fishery harvested about 124 
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.
    Section 679.21(e)(5) authorizes 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

[[Page 10902]]

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. 
The Council recommended and NMFS approves the seasonal PSC 
apportionments in Table 7 to maximize harvest among gear types, 
fisheries, and seasons while minimizing bycatch of PSC based on the 
above criteria.

    Table 7.--2006 and 2007 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          152       33,843    4,103,752      340,844    1,788,459
    January 20-April 1............          262          n/a          n/a          n/a          n/a          n/a
    April 1-May 21................          195          n/a          n/a          n/a          n/a          n/a
    May 21-July 1.................           49          n/a          n/a          n/a          n/a          n/a
    July 1-December 31............          380          n/a          n/a          n/a          n/a          n/a
Rock sole/other flat/flathead sole          779           27      121,413      810,091      365,320      596,154
 \2\..............................
    January 20-April 1............          448          n/a          n/a          n/a          n/a          n/a
    April 1-July 1................          164          n/a          n/a          n/a          n/a          n/a
    July 1-December 31............          167          n/a          n/a          n/a          n/a          n/a
Turbot/arrowtooth/sablefish \3\...          n/a           12          n/a       62,356          n/a          n/a
Rockfish..........................          n/a          n/a          n/a          n/a          n/a          n/a
    July 1-December 31............           69           10          n/a       62,356          n/a       10,988
Pacific cod.......................        1,434           27       26,563      184,402      183,112      324,176
Midwater trawl pollock............          n/a        1,350          n/a          n/a          n/a          n/a
Pollock/Atka mackerel/other \4\...          232          192          406      106,591       17,224       27,473
Red King Crab Savings Subarea \6\.          n/a          n/a          n/a          n/a          n/a          n/a
      (non-pelagic trawl).........          n/a          n/a       42,495          n/a          n/a          n/a
                                   -----------------------------------------------------------------------------
    Total trawl PSC...............        3,400        1,770      182,225    5,329,548      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  ...........  ...........  ...........  ...........  ...........
                                   -----------------------------------------------------------------------------
    PSQ reserve \5\...............          342          n/a       14,775      432,126       73,500      222,750
                                   -----------------------------------------------------------------------------
        PSC grand total...........        4,575        2,012      197,000    5,761,674      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 2005, 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 (see ADDRESSES).
    The Council recommended and NMFS concurs that the recommended 
halibut DMRs developed by the staff of the International Pacific 
Halibut Commission (IPHC) for the 2006 and 2007 BSAI groundfish 
fisheries be used to monitor halibut bycatch allowances established for 
the 2006 and 2007 groundfish fisheries (see Table 8). The IPHC 
developed these DMRs 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 that 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 DMRs for the CDQ 
fisheries since 1998, and a 10-year mean is not available. The Council

[[Page 10903]]

recommended and NMFS concurs with the DMRs recommended by the IPHC for 
2006 and 2007 CDQ fisheries. The justification for the DMRs is 
discussed in Appendix A of the SAFE report dated November 2004.

 Table 8.--2006 and 2007 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..........................................           86
    Flathead sole..........................................           67
    Non-pelagic pollock....................................           85
    Pelagic pollock........................................           89
    Rockfish...............................................           74
    Yellowfin sole.........................................           85
CDQ hook-and-line fisheries:
    Greenland turbot.......................................           15
    Pacific cod............................................           10
CDQ pot fisheries:
    Pacific cod............................................            8
    Sablefish..............................................           30
------------------------------------------------------------------------

Directed Fishing Closures

    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator may establish a directed fishing allowance for a species 
or species group, if the Regional Administrator determines that any 
allocation or apportionment of a target species or ``other species'' 
category has been or will be reached. 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, pursuant 
to 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 2006 and 2007 
fishing year.

                              Table 9.--2006 and 2007 Directed Fishing Closures \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                            2006         2007
                                                                                         incidental   incidental
                     Area                                       Species                    catch        catch
                                                                                         allowance    allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District.............................  Pollock...............................           10           10
Aleutian Islands subarea......................  ICA Pollock...........................        1,800        1,800
                                                ``Other rockfish''....................          502          502
Bering Sea subarea............................  Pacific ocean perch...................        1,190        2,516
                                                ``Other rockfish''....................          426          750
Bering Sea and Aleutian Islands...............  Northern rockfish.....................        4,163        4,625
                                                Shortraker rockfish...................          537          537
                                                Rougheye rockfish.....................          207          207

[[Page 10904]]

 
                                                ``Other species''.....................       24,650       22,950
                                                CDQ Northern rockfish.................          338          375
                                                CDQ Shortraker rockfish...............           44           44
                                                CDQ Rougheye rockfish.................           17           17
                                                CDQ ``Other species''.................        2,175       2,025
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 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 effective at 1200 hrs, A.l.t., 
March 3, 2006 through 2400 hrs, A.l.t., December 31, 2007.
    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. 
Also, 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 at 1200 hrs, A.l.t., March 3, 
2006 through 2400 hrs, A.l.t., December 31, 2007. NMFS also is 
prohibiting directed fishing for rockfish outside Zone 1 in the BSAI 
through 1200 hrs, A.l.t., July 1, 2006 for 2006 and July 1, 2007 for 
2007.
    Under authority of the 2005 and 2006 final harvest specifications 
(70 FR 8979, February 24, 2005), 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, 2006, 
through 1200 hrs, A.l.t., September 1, 2006 (71 FR 4528, January 27, 
2006). NMFS opened the first directed fisheries in the HLA in area 542 
and area 543 effective 1200 hrs, A.l.t., January 22, 2006. The first 
HLA fishery in area 542 and area 543 remained open through 1200 hrs, 
A.l.t., February 5, 2006. The second directed fisheries in the HLA in 
area 542 and area 543 opened effective 1200 hrs, A.l.t., February 7, 
2006. The second HLA fishery in area 542 and 543 remained open through 
1200 hrs, A.l.t., February 21, 2006. 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 3, 2006 (71 FR 6230, February 7, 2006). NMFS prohibited 
directed fishing for non-CDQ pollock with trawl gear in the Chinook 
Salmon Savings Areas of the BSAI effective 1200 hrs, A.l.t., February 
15, 2006, through 1200 hrs, A.l.t., April 15, 2006, and from 1200 hrs, 
A.l.t, September 1, 2006, through 2400 hrs, A.l.t., December 31, 2006 
(71 FR 8808, February 21, 2006). NMFS prohibited directed fishing for 
Atka Mackerel in the central Aleutian District of the BSAI, effective 
1200 hrs, A.l.t., February 18, 2006, through 1200 hrs, A.l.t., 
September 1, 2006 (71 FR 9479, February 24, 2006). NMFS prohibited 
directed fishing for Pacific cod by catcher/processor vessels using 
hook-and-line gear in the BSAI, effective 1200 hrs, A.l.t.,February 18, 
2006, through 1200 hrs, A.l.t., June 10, 2006 (71 FR 9478, February 24, 
2006). NMFS prohibited directed fishing for Pacific cod by catcher/
processor vessels using hook-and-line gear in the BSAI, effective 1200 
hrs, A.l.t., February 18, 2006, through 1200 hrs, A.l.t., June 10, 2006 
(71 FR 9478, February 24, 2006). NMFS closes directed fishing for rock 
sole, flathead sole, and ``other flatfish'' by vessels using trawl gear 
in the BSAI effective 1200 hrs, A.l.t., February 21, 2006, through 1200 
hrs, A.l.t., April 1, 2006 (71 FR 9478, February 24, 2006). NMFS 
prohibited fishing for Pacific cod by catcher vessels less than 60 feet 
(18.3 meters (m)) length overall using jig or hook-and-line gear in the 
Bogoslof Pacific cod exemption area of the BSAI, effective 1200 hrs, 
A.l.t., February 22, 2006, through 2400 hrs, A.l.t., December 31, 2006 
(71 FR 9739, February 27, 2006). NMFS prohibited directed fishing for 
Pacific cod by catcher vessels 60 feet (18.3 meters (m)) length overall 
and longer using hook-and-line gear in the BSAI effective 1200 hrs, 
A.l.t., February 24, 2006, through 1200 hrs, A.l.t., June 10, 2006, to 
be published March 1, 2006, in the Federal Register.
    These closures remain effective under authority of these 2006 and 
2007 final harvest specifications. These closures supersede the 
closures announced under authority of the 2005 and 2006 final harvest 
specifications (69 FR 8979, February 24, 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 part 679.

Bering Sea Subarea Inshore Pollock Allocations

    Section 679.4(l) sets forth the procedures for AFA inshore catcher 
vessel pollock cooperatives to apply for and receive cooperative 
fishing permits and inshore pollock allocations. Table 10 lists the 
2006 and 2007 Bering Sea subarea pollock allocations to the seven 
inshore catcher vessel pollock cooperatives based on 2006 cooperative 
allocations that have been approved and permitted by NMFS for the 2006 
fishing year. The Bering Sea subarea allocations may be revised pending 
adjustments to cooperatives' membership in 2007. Allocations for 
cooperatives and open access vessels are not made for the AI subarea 
because the Consolidated Appropriations Act of 2004 requires the non-
CDQ directed pollock fishery to be fully allocated to the Aleut 
Corporation.

[[Page 10905]]



                   Table 10.--2006 and 2007 Bering Sea Subarea Inshore Cooperative Allocations
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                             Sum of
                                                             member
                                                            vessel's     Percentage    2006 annual   2007 annual
           Cooperative name and member vessels              official     of inshore    cooperative   cooperative
                                                              catch        sector      allocation    allocation
                                                          histories\1\   allocation       (mt)          (mt)
                                                              (mt)
----------------------------------------------------------------------------------------------------------------
Akutan Catcher Vessel Association.......................  ............        31.145       201,154       203,186
Arctic Enterprise Association...........................  ............         1.146         7,402         7,476
Northern Victor Fleet Cooperative.......................  ............         8.412        54,330        54,879
Peter Pan Fleet Cooperative.............................  ............         2.876        18,575        18,763
Unalaska Cooperative....................................  ............        12.191        78,737        79,533
UniSea Fleet Cooperative................................  ............        25.324       163,559       165,211
Westward Fleet Cooperative..............................  ............        18.906       122,107       123,340
Open access AFA vessels.................................  ............             0             0             0
                                                         -------------------------------------------------------
    Total inshore allocation............................       875,572           100       645,864      652,388
----------------------------------------------------------------------------------------------------------------
\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.

    Section 679.20(a)(5)(i)(A)(3) further divides the inshore sector 
allocation into separate allocations for cooperative and open access 
fishing. In addition, according to Sec.  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.--2006 and 2007 Bering Sea Subarea Pollock Allocations to the Cooperative and Open Access Sectors of
                                           the Inshore Pollock Fishery
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                    2006 A                                 2007 A
                                       2006 A    season  SCA     2006 B       2007 A    season  SCA     2007 B
              Sector                season  TAC     harvest   season  TAC  season  TAC     harvest   season  TAC
                                                  limit \1\                              limit \1\
----------------------------------------------------------------------------------------------------------------
Inshore cooperative sector:
    Vessels > 99 ft...............          n/a      155,408          n/a          n/a      156,923          n/a
    Vessels < 99 ft...............          n/a       25,488          n/a          n/a       25,746          n/a
        Total.....................      258,345      180,842      387,518      260,955      182,669      391,433
                                   -----------------------------------------------------------------------------
Open access sector................            0        0 \2\            0            0        0 \2\            0
    Total inshore sector..........      258,345      180,842      387,518      260,955      182,669     391,433
----------------------------------------------------------------------------------------------------------------
\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) that 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 Sec.  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 2006 and 2007 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 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 2006 and 2007 sideboard 
limits for the listed catcher/processors.

[[Page 10906]]



                        Table 12.--2006 and 2007 Listed BSAI American Fisheries Act Catcher/Processor Groundfish Sideboard Limits
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             1995-1997
                                                              ---------------------------------------  2006 ITAC                 2007 ITAC
                                                                                           Ratio of    available     2006 C/P    available     2007 C/P
            Target species                      Area             Retained      Total       retained   to trawl C/   sideboard   to trawl C/   sideboard
                                                                  catch        catch       catch to        Ps         limit          Ps         limit
                                                                                         total catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod trawl....................  BSAI..................       12,424       48,177        0.258       42,171       10,880       32,171        8,300
Sablefish trawl......................  BS....................            8          497        0.016        1,199           19        1,148           18
                                       AI....................            0          145        0.000          638            0          582            0
Atka mackerel........................  Central AI............          n/a          n/a          n/a          n/a          n/a          n/a          n/a
                                       A season \1\..........          n/a          n/a        0.115       18,500        2,128       17,575        2,021
                                       HLA limit \2\.........          n/a          n/a          n/a       11,100        1,277       10,545        1,213
                                       B season \1\..........          n/a          n/a        0.115       18,500        2,128       17,575        2,021
                                       HLA limit \2\.........          n/a          n/a          n/a       11,100        1,277       10,545        1,213
                                       Western AI............          n/a          n/a          n/a          n/a          n/a          n/a          n/a
                                       A season \1\..........          n/a          n/a        0.200        7,169        1,434        8,094        1,619
                                       HLA limit \2\.........          n/a          n/a          n/a        4,301          860        4,856          971
                                       B season \1\..........          n/a          n/a        0.200        7,169        1,434        8,094        1,619
                                       HLA limit \2\.........          n/a          n/a          n/a        4,301          860        4,856          971
Yellowfin sole.......................  BSAI..................      100,192      435,788        0.230       81,346       18,710       91,495       21,044
Rock sole............................  BSAI..................        6,317      169,362        0.037       35,275        1,305       37,400        1,384
Greenland turbot.....................  BS....................          121       17,305        0.007        1,607           11        1,543           11
                                       AI....................           23        4,987        0.005          723            4          693            3
Arrowtooth flounder..................  BSAI..................           76       33,987        0.002       11,050           22       15,300           31
Flathead sole........................  BSAI..................        1,925       52,755        0.036       16,575          597       18,700          673
Alaska plaice........................  BSAI..................           14        9,438        0.001        6,800            7       12,750           13
Other flatfish.......................  BSAI..................        3,058       52,298        0.058        2,975          173        4,250          247
Pacific ocean perch..................  BS....................           12        4,879        0.002        1,190            2        2,516            5
                                       Eastern AI............          125        6,179        0.020        2,849           57        3,012           60
                                       Central AI............            3        5,698        0.001        2,808            3        2,971            3
                                       Western AI............           54       13,598        0.004        4,703           19        4,969           20
Northern rockfish....................  BSAI..................           91       13,040        0.007        4,163           29        4,625           32
Shortraker rockfish..................  BSAI..................           50        2,811        0.018          537           10          537           10
Rougheye rockfish....................  BSAI..................           50        2,811        0.018          207            4          207            4
Other rockfish.......................  BS....................           18          621        0.029          426           12          750           22
                                       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       22,950         184
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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
  2006 and 2007, 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. 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).
    PSC species listed in Table 13 that are caught by listed AFA 
catcher/processors participating in any groundfish fishery other than 
pollock will accrue against the 2006 and 2007 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 2006 or 2007 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.--2006 and 2007 BSAI American Fisheries Act Listed Catcher/Processor Prohibited Species Sideboard
                                                   Limits \1\
----------------------------------------------------------------------------------------------------------------
                                                               1995-1997
                                                ---------------------------------------   2006 and     2006 and
                                                                             Ratio of     2007 PSC     2007 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
C. opilio \2\..................................    2,323,731   15,139,178        0.153    5,329,548      815,421
C. bairdi......................................          n/a          n/a          n/a          n/a          n/a
    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.


[[Page 10907]]

AFA Catcher Vessel Sideboard Limits

    Pursuant to Sec.  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 2006 and 2007 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.--2006 and 2007 BSAI American Fisheries Act Catcher Vessel Sideboard Limits
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                   Ratio of
                                                  1995-1997                    2006                      2007
                               Fishery by area/     AFA CV        2006       catcher        2007       catcher
           Species                  season/        catch to   initial TAC     vessel    initial TAC     vessel
                                processor/gear    1995-1997                 sideboard                 sideboard
                                                     TAC                      limits                    limits
----------------------------------------------------------------------------------------------------------------
Pacific cod..................  BSAI............          n/a          n/a          n/a          n/a          n/a
                               Jig gear........       0.0000        3,589            0        2,738            0
                               Hook-and-line CV          n/a          n/a          n/a          n/a          n/a
                               Jan 1-Jun 10....       0.0006          164            0          125            0
                               Jun 10-Dec 31...       0.0006          109            0           83            0
                               Pot gear CV.....          n/a          n/a          n/a          n/a          n/a
                               Jan 1-Jun 10....       0.0006        8,192            5        6,239            4
                               Sept 1-Dec 31...       0.0006        5,461            3        4,159            2
                               CV < 60 feet LOA       0.0006        1,274            1          970            1
                                using hook-and-
                                line or pot
                                gear.
                               Trawl gear CV...          n/a          n/a          n/a          n/a          n/a
                               Jan 20-Apr 1....       0.8609       29,520       25,414       22,520       19,387
                               Apr 1-Jun 10....       0.8609        4,217        3,630        3,217        2,770
                               Jun 10-Nov 1....       0.8609        8,434        7,261        6,434        5,539
Sablefish....................  BS trawl gear...       0.0906        1,199          109        1,148          104
                               AI trawl gear...       0.0645          638           41          582           38
Atka mackerel................  Eastern AI/BS...          n/a          n/a          n/a          n/a          n/a
                               Jig gear........       0.0031           69            0           69            0
                               Other gear......          n/a          n/a          n/a          n/a          n/a
                               Jan 1-Apr 15....       0.0032        3,434           11        3,434           11
                               Sept 1-Nov 1....       0.0032        3,434           11        3,434           11
                               Central AI......          n/a          n/a          n/a          n/a          n/a
                               Jan-Apr 15......       0.0001       18,500            2       17,575            2
                               HLA limit.......       0.0001       11,100            1       10,545            1
                               Sept 1-Nov 1....       0.0001       18,500            2       17,575            2
                               HLA limit.......       0.0001       11,100            1       10,545            1
                               Western AI......          n/a          n/a          n/a          n/a          n/a
                               Jan-Apr 15......       0.0000        7,169            0        8,094            0
                               HLA limit.......          n/a        4,301            0        4,856            0
                               Sept 1-Nov 1....       0.0000        7,169            0        8,094            0
                               HLA limit.......          n/a        4,301            0        4,856            0
Yellowfin sole...............  BSAI............       0.0647       81,346        5,263       91,495        5,920
Rock sole....................  BSAI............       0.0341       35,275        1,203       37,400        1,275
Greenland Turbot.............  BS..............       0.0645        1,607          104        1,543          100
                               AI..............       0.0205          723           15          693           14
Arrowtooth flounder..........  BSAI............       0.0690       11,050          762       15,300        1,056
Alaska plaice................  BSAI............       0.0441        6,800          300       12,750          562
Other flatfish...............  BSAI............       0.0441        2,975          131        4,250          187
Pacific ocean perch..........  BS..............       0.1000        1,190          119        2,516          252
                               Eastern AI......       0.0077        2,849           22        3,012           23
                               Central AI......       0.0025        2,808            7        2,971            7
                               Western AI......       0.0000        4,703            0        4,969            0
Northern rockfish............  BSAI............       0.0084        4,163           35        4,625           39
Shortraker rockfish..........  BSAI............       0.0037          537            2          537            2
Rougheye rockfish............  BSAI............       0.0037          207            1          207            1
Other rockfish...............  BS..............       0.0048          426            2          750            4
                               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       22,950        1,242
Flathead Sole................  BS trawl gear...       0.0505       16,575          837       18,700          944
----------------------------------------------------------------------------------------------------------------

    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 2006 and 2007 PSC 
sideboard limits for the AFA

[[Page 10908]]

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 2006 or 2007 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.--2006 and 2007 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits for the
                                                    BSAI \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                             Ratio of
                                                                            1995-1997                  2006 and
                                                                              AFA CV                   2007 AFA
                                                                             retained     2006 and     catcher
               PSC species                  Target fishery category \2\      catch to     2007 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.................          n/a          n/a          n/a
                                          January 20-April 1.............       0.1144          262           30
                                          April 1-May 21.................       0.1144          195           22
                                          May 21-July 1..................       0.1144           49            6
                                          July 1-December 31.............       0.1144          380           43
                                          Rock sole/flathead sole/other            n/a          n/a          n/a
                                           flatfish \5\.
                                          January 20-April 1.............       0.2841          448          127
                                          April 1-July 1.................       0.2841          164           47
                                          July 1-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      184,402      114,016
COBLZ \3\...............................  Yellowfin sole.................       0.1144    4,103,752      469,469
                                          Rock sole/flathead sole/other         0.2841      810,091      230,147
                                           flatfish \5\.
                                          Pollock/Atka mackerel/other           0.0227      106,591        2,420
                                           species.
                                          Rockfish.......................       0.0245       62,356        1,528
                                          Turbot/Arrowtooth/Sablefish....       0.2327       62,356       14,510
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\.
                                          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 2005, 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 2006 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.

[[Page 10909]]



 Table 16.--2006 and 2007 American Fisheries Act Listed Catcher/Processor Sideboard Directed Fishing Closures\1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                            2006         2007
               Species                          Area                  Gear types         sideboard    sideboard
                                                                                           limit        limit
----------------------------------------------------------------------------------------------------------------
Sablefish trawl.....................  BS.....................  Trawl..................           19           18
                                      AI.....................  Trawl..................            0            0
Rock sole...........................  BSAI...................  all....................        1,305        1,384
Greenland turbot....................  BS.....................  all....................           11           11
                                      AI.....................  all....................            4            3
Arrowtooth flounder.................  BSAI...................  all....................           22           31
Pacific ocean perch.................  BS.....................  all....................            2            5
                                      Eastern AI.............  all....................           57           60
                                      Central AI.............  all....................            3            3
                                      Western AI.............  all....................           19           20
Northern rockfish...................  BSAI...................  all....................           29           32
Shortraker rockfish.................  BSAI...................  all....................           10           10
Rougheye rockfish...................  BSAI...................  all....................            4            4
Other rockfish......................  BS.....................  all....................           12           22
                                      AI.....................  all....................           14           14
Squid...............................  BSAI...................  all....................           24           24
``Other species''...................  BSAI...................  all....................          197         184
----------------------------------------------------------------------------------------------------------------
\1\Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.


      Table 17.--2006 and 2007 American Fisheries Act Catcher Vessel Sideboard Directed Fishing Closures\1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                            2006         2007
               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..................          109          104
                                      AI.....................  trawl..................           41           38
Atka mackerel.......................  Eastern AI/BS..........  jig....................            0            0
                                      Eastern AI/BS..........  other..................           11           11
                                      Central AI.............  all....................            2            2
                                      Western AI.............  all....................            0            0
Greenland Turbot....................  BS.....................  all....................          104          100
                                      AI.....................  all....................           15           14
Arrowtooth flounder.................  BSAI...................  all....................          762        1,056
Pacific ocean perch.................  BS.....................  all....................          119          252
                                      Eastern AI.............  all....................           22           23
                                      Central AI.............  all....................            7            7
                                      Western AI.............  all....................            0            0
Northern rockfish...................  BSAI...................  all....................           35           39
Shortraker rockfish.................  BSAI...................  all....................            2            2
Rougheye rockfish...................  BSAI...................  all....................            1            1
Other rockfish......................  BS.....................  all....................            2            4
                                      AI.....................  all....................            5            5
Squid...............................  BSAI...................  all....................          415          415
``Other species''...................  BSAI...................  all....................        1,334       1,242
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.

Response to Comments

    NMFS received one letter of comment in response to the proposed 
2006 and 2007 harvest specifications. This letter contained 6 separate 
comments that are summarized and responded to below.
    Comment 1: The action is a major federal action that has 
significant effects on the quality of the human environment and 
requires an Environmental Impact Statement.
    Response: NMFS prepared an EA for the 2006 and 2007 harvest 
specifications. The analysis in the EA supports a finding of no 
significant impact on the human environment as a result of the harvest 
specifications. Therefore, an environmental impact statement is not 
required under section 102(2)(c) of the National Environmental Policy 
Act or its implementing regulations.
    Comment 2: The ``Ecosystem Considerations'' report is not 
explicitly integrated into the process of setting ABC and TAC. NMFS 
should also integrate directly ecosystem needs into harvest 
specifications through development and implementation of Ecologically 
Sustainable Yield (ESY).
    Response: ESY is defined as ``the yield an ecosystem can sustain 
without shifting to an undesirable state'' (Zabel et al. 2003). This is 
a qualitative concept

[[Page 10910]]

because judging an ``undesirable state'' may vary widely. ESY requires 
simultaneously considering the impacts of all harvested species on an 
ecosystem and quantifying important qualities such as community 
stability or resilience. This poses challenges due to uncertainty and 
indeterminacy inherent in ecological systems and the fact that 
ecosystems respond to natural processes in ways that are not well 
understood.
    The NMFS and the Council, in essence, fulfill determinations of the 
ESYs through the development and evaluation of the SAFE report (see 
ADDRESSES) and during implementation of inseason multispecies fisheries 
management practices. The SAFE report evaluates the status and trends 
of the entire ecosystem. Also, the SAFE report responds to the stated 
ecosystem-based management goals of the Council. These goals are: (1) 
Maintain biodiversity consistent with natural evolutionary and 
ecological processes, including dynamic change and variability; (2) 
Maintain and restore habitats essential for fish and their prey; (3) 
Maintain system sustainability and sustainable yields for human 
consumption and nonextractive uses; and (4) Maintain the concept that 
humans are components of the ecosystem.
    All groundfish species are currently managed for their impacts from 
a conservation and ecosystem perspective. As an example, the recent 
development of the Gulf of Alaska (GOA) skate fishery led to prompt 
management action to provide appropriate protection of this species 
assemblage. Currently, there are ABC levels specified for the two main 
species of skates over three different areas. This effectively has 
prohibited the further development of a directed fishery for skates 
until more information is available to ensure appropriate conservation 
measures are taken.

Zabel, R.W., C.J. Harvey, S.L. Katz, T.P. Good, and P.S. Levin. 2003. 
Ecologically sustainable yield. American Scientist 91: 150-157.

    Comment 3: Catch levels for North Pacific rockfish are being set 
without sufficient precaution. They are based on inadequate and highly 
variable biomass estimates, without regard to stock structure and 
without proper consideration of life history characteristics such as 
rockfish longevity, late age at sexual maturity, and the increased 
reproductive success of older, more fecund female fish.
    Response: Multiple layers of precaution are built into catch levels 
for North Pacific rockfish with age-structured models (Tier 3). For 
example, GOA Pacific ocean perch are assigned an FABC at 
F40%. Bayesian spawner-recruit analysis showed that maximum 
sustainable yield (MSY) was attained at approximately F29%. 
While the target fishing mortality is already well below MSY, the 
Eastern GOA is closed to trawling, further reducing fishing mortality 
by 10 percent. Another precautionary layer is to employ a catchability 
coefficient near two. This means that the fishing mortality is applied 
to a biomass estimate that is about half of the biomass estimate that 
is derived from the trawl survey. The age-structured modeling approach 
integrates a variety of information to compensate for variable survey 
results.
    Catch levels for North Pacific rockfish with survey-biomass based 
models (Tier 5) are based on highly variable biomass estimates. This 
variability is stabilized by using a 3-survey moving average. The catch 
levels for these species are set by applying a fishing mortality of 75 
percent of the natural mortality to the average exploitable biomass. 
These fishing mortalities are precautionary in that they are 
theoretically at least 25 percent below MSY fishing mortality and are 
based on very low natural mortalities (e.g., 0.02-0.07).
    At this time, stock structure information has not been synthesized 
directly into the stock assessments because of the lack of definitive 
structure and sufficient data to model spatially explicit populations. 
However, life history characteristics are explicitly accounted for in 
both the fishing mortality estimates in age-structured models (Tier 3) 
and in survey-biomass based estimates (Tier 5). In age-structured 
models, age at maturity is defined specific to each species and 
longevity is incorporated in the natural mortality estimates and the 
age data. For survey biomass based models, this information is not as 
well known, but the low natural mortality estimates for rockfish 
species is based on their maximum age. Recent research of black 
rockfish off the West Coast shows evidence of older, mature fish being 
more fecund, or producing higher quality larvae, than younger mature 
fish. Research is in progress to attempt to answer this question for 
Alaskan rockfish.
    Comment 4: Signs of stress in North Pacific rockfish populations 
include age truncation, localized depletion, and potential overfishing.
    Response: Some age truncation will occur if a stock is fished. Only 
GOA Pacific ocean perch showed more age truncation than was expected at 
equilibrium. However, this population is not at equilibrium and has 
increased substantially in the last decade. Therefore, the observed age 
truncation may be from fishing, but it also may be from the recent 
strength of recruitment substantially increasing the proportion of 
younger fish.
    Three species of rockfish have shown localized depletion in some 
years and areas. Most of the significant depletions did not occur in 
the same place or in consecutive years. The densities were as high as 
they were in the previous year when fishing resumed, implying migration 
and replenishment when depletions did occur in the same place or in 
consecutive years.
    Recently, North Pacific rockfish species have not been subject to 
consistent overfishing.
    Comment 5: NMFS should support the proposal by Goodman et al. in 
the review of the North Pacific harvest strategy to shift to F50% 
to F60%-based harvest rates as one step in sustainable 
rockfish management.
    Response: There has been no evidence that Alaskan rockfish need to 
have a more conservative spawning output per recruit (SPR) rate than 
other species. Goodman et al. presented evidence based on less 
productive West Coast rockfish. The fishing mortality derived from an 
F40% strategy is much lower for rockfish with their 
sensitive life history characteristics than the fishing mortalities 
derived from the same harvest strategy for other species. This is due 
to the late maturity, slow growth, and low natural mortality of 
rockfish. For example, the fishing mortality rate for rougheye rockfish 
is about one tenth the fishing mortality rate for Pacific cod. Several 
analyses for Pacific ocean perch show F40% to be relatively 
conservative for rockfish.
    Comment 6: NMFS should set separate TAC and OFL levels for rougheye 
rockfish in the Bering Sea and Aleutian Islands and consider the 
closure of bycatch hotspots.
    Response: Separation of the rougheye rockfish TAC into the Bering 
Sea and AI subareas would be based on the proportion of the available 
biomass in each subarea. Recent surveys estimate the biomass of BSAI 
rougheye rockfish as 11 percent in the Bering Sea subarea and 89 
percent in the AI subarea. Therefore, a separate rougheye rockfish TAC 
for the AI subarea would not be much lower than the TAC for the BSAI 
area, and would offer little additional protection for AI rougheye 
rockfish. Also, the biomass estimate used for BSAI rougheye rockfish is 
based on the AI survey data. The two years of the Bering Sea slope 
survey (2002 and 2004) have not been used in the stock assessment due 
to the short length of

[[Page 10911]]

this new time series. Basing the BSAI stock assessment on only the AI 
survey biomass produces more conservative (lower) estimates of rougheye 
rockfish biomass and TACs.
    A separate TAC for Bering Sea subarea rougheye rockfish could 
potentially prevent disproportionate harvesting, but the available data 
are not sufficient to manage rougheye rockfish in the Bering Sea 
subarea as a separate stock. As mentioned above, the slope survey time 
series consists of two years, and very limited age and length 
composition sampling has occurred for rougheye rockfish on the Bering 
Sea slope. Because BSAI rougheye rockfish are obtained as incidental 
catch, setting separate ABCs for the Bering Sea and AI subareas may 
result in more regulatory discarding.
    Several management measures are in place to minimize and distribute 
catch of BSAI rougheye rockfish. Rougheye rockfish are closed to 
directed fishing for the entire year and are taken only in association 
with other directed fisheries. As a result, catch is partitioned 
consistent with the population distribution described above. In 2004 
and 2005, 89 percent and 87 percent, respectively, of the catch 
occurred in the AI subarea.
    Rougheye rockfish are taken predominately in the Atka mackerel and 
Pacific ocean perch fisheries in the AI subarea. The directed Atka 
mackerel and Pacific ocean perch fisheries are divided into three 
separate Aleutian Islands districts. Distribution of the target 
fisheries also distributes the incidental catch of rougheye rockfish.
    Because rougheye rockfish are not open to directed fishing and the 
directed fisheries that catch rougheye rockfish are distributed by 
three districts in the Aleutian Island subarea, creation of a separate 
TAC within the AI subarea for rougheye rockfish would not serve to 
reduce the potential of localized depletion. Conversely, separate TACs 
could serve to increase discards.
    Retention rates are set low to discourage intentional targeting 
within the directed fisheries. For rougheye rockfish the maximum 
retention rate is 2 percent in the Atka mackerel fishery and 7 percent 
in the Pacific ocean perch fishery.
    In the North Pacific, localized depletion has been examined for 
several rockfish species including Pacific ocean perch, northern 
rockfish, and dusky rockfish. Localized depletion was found to occur in 
some years and areas, but has generally not diminished stock densities 
over successive years. Fishery catch per unit effort data is used as an 
index of stock abundance to examine localized depletion on short time 
scales. Because rougheye rockfish are not subject to a direct fishery 
and are obtained as incidental catch, fishery catch per unit effort may 
not accurately reflect population size, thus limiting the data 
available for examining localized depletion for this species.

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 2006 and 2007 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 2006 and 2007 fishing years and to accomplish the goals and 
objectives of the FMP. 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 2006 and 2007 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 harvest specifications was published 
in the Federal Register on December 16, 2005 (70 FR 74723). An Initial 
Regulatory Flexibility Analysis (IRFA) was prepared for the proposed 
rule and was described in the classifications section of that preamble 
to the rule. Copies of the IRFA prepared for this action are available 
from NMFS, Alaska Region (see ADDRESSES). The public comment period 
ended on January 17, 2006. No comments were received on the IRFA or 
regarding the economic impacts of this rule.
    The 2006 and 2007 harvest specifications establish harvest limits 
for the groundfish species and species groups in the BSAI. This action 
is necessary to allow fishing in 2006 and 2007. About 946 small catcher 
vessels, 29 small catcher/processors, and six small private non-profit 
CDQ groups may be directly regulated by the BSAI harvest 
specifications. This regulation does not impose new recordkeeping or 
reporting requirements on the regulated small entities.
    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 harvest specifications. The FRFA 
identified the potential for adverse impacts of the preferred 
alternative on small fishing operations harvesting Pacific cod, 
Greenland turbot, northern rockfish, and ``other species'' in the BSAI 
and on CDQ groups operating in the BSAI.
    There were an estimated 120 directly regulated small entities in 
the BSAI Pacific cod sector. These small operations were projected to 
see a 3 percent decline in their gross revenues from all sources in 
2006 and 14 percent (from 2005 levels) in 2007. There were an estimated 
24 directly regulated small entities in the BSAI Greenland turbot 
sector. These small operations were projected to see less than a 1 
percent reduction in their gross revenues from 2005 levels in both 2006 
and 2007. There were an estimated 2 small entities in the BSAI northern 
rockfish sector. While detailed information cannot be provided for 
these two operations because of confidentiality restrictions, BSAI 
northern rockfish revenues for these two vessels were significantly 
less than 1 percent of their annual revenues; therefore, any decrease 
that may occur in the BSAI northern rockfish allocation in 2006 would 
have less than a 1 percent reduction in their gross revenues. There 
were an estimated 28 directly regulated small entities in the BSAI 
``other species'' sector. These small operations were expected to see 
their revenues decline by a fraction of a percent from 2005 levels in 
2006 and 2007. Six non-profit CDQ groups operating in the BSAI were 
expected to see their revenues drop by under 1 percent between 2005 and 
2006 and by about 2 percent between 2005 and 2007.
    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

[[Page 10912]]

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.
    BSAI fishermen and CDQ groups would have had larger gross revenues 
under Alternative 1 than under the preferred alternative. However, 
Alternative 1 involves TAC levels that are precluded by law since they 
would exceed the statutory two million mt BSAI OY. In order to stay 
within the OY threshold, increases in some TACs would have had to be 
offset by decreases in other TACs. Moreover, in 2006 and 2007, the BSAI 
Pacific cod TACs are set equal to the ABCs recommended by the Council's 
BSAI Plan Team and 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 higher levels of overall harvest and revenue.
    Under the provisions of 5 U.S.C. 553(d)(3), an agency can waive a 
delay in the effective date of a substantive rule for good cause. If 
the final harvest specifications are not effective by March 5, 2006, 
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 Individual Fishing Quota 
program. Immediate effectiveness of the 2006 and 2007 final harvest 
specifications will allow the sablefish fishery to begin concurrently 
with the Pacific halibut season. Accordingly, I find that there is good 
cause to waive the 30-day delayed effectiveness period under 5 U.S.C. 
553(d)(3) with respect to such provisions and to the apportionment 
discussed above. Also, by regulation, the AFA cooperative applications 
are due to NMFS on December 1, 2005, providing the basis for the final 
AFA cooperative allocation. The 2006 cooperatives changed from 2005 as 
a result of 5 vessels changing cooperatives. The inshore cooperative 
allocations currently in effect are based on cooperative applications 
for the 2005 fishing year. Time is of the essence to have the 2006 and 
2007 harvest specifications in effect because vessels begin fishing for 
inshore cooperative pollock allocations immediately after the start of 
the calendar year in order to harvest pollock when its value is high 
due to mature roe. Unless this delay is waived, several vessels will be 
fishing for the wrong AFA inshore cooperative once the 2006 and 2007 
final harvest specifications are effective.

    Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 
note; and 3631 et seq.

    Dated: February 28, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 06-1995 Filed 3-2-06; 8:45 am]
BILLING CODE 3510-22-P