[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Rules and Regulations]
[Pages 9451-9474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3692]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01; I.D. 112706A]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; 2007 and 2008 Final Harvest Specifications for 
Groundfish

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

ACTION: Final rule; closures.

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SUMMARY: NMFS announces 2007 and 2008 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 2007 
and 2008 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 (MSA).

DATES: The 2007 and 2008 final harvest specifications and associated 
apportionment of reserves are effective at 1200 hrs, Alaska local time 
(A.l.t.), March 2, 2007, through 2400 hrs, A.l.t., December 31, 2008.

ADDRESSES: Copies of the Final Alaska Groundfish Harvest Specifications 
Environmental Impact Statement (EIS), Record of Decision (ROD), and 
Final Regulatory Flexibility Analysis (FRFA) prepared for this action 
are available from Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802, Attn: Ellen Sebastian, or from the Alaska Region Web site at 
http://www.fakr.noaa.gov. Copies of the 2006 Stock Assessment and 
Fishery Evaluation (SAFE) report for the groundfish resources of the 
BSAI, dated November 2006, are available from the North Pacific Fishery 
Management 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 
North Pacific Fishery Management Council (Council) prepared the FMP, 
and NMFS approved it under the MSA. 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 the total allowable catch 
(TAC) for each target species and for the ``other species'' category, 
the sum must be within the optimum yield (OY) 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. The final harvest specifications listed in 
Tables 1 through 15 of this action satisfy these requirements. For 2007 
and 2008, the sum of TACs for each year is 2 million mt.
    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 2007 and 2008 proposed harvest specifications 
and PSC allowances for the groundfish fishery of the BSAI were 
published in the Federal Register on December 15, 2006 (71 FR 75460). 
Comments were invited and accepted through January 16, 2007. NMFS 
received 4 letters with several comments on the proposed harvest 
specifications. These comments are summarized and responded to in the 
Response to Comments section of this rule. NMFS consulted with the 
Council during the December 2006 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 2007 and 2008 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 
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,

[[Page 9452]]

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 2006, 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 compiled and presented this information in the 2006 
SAFE report for the BSAI groundfish fisheries, dated November 2006. 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 2006 the SSC, AP, and Council reviewed the Plan Team's 
recommendations. Except for Bering Sea subarea and Aleutian Islands 
(AI) subarea pollock, yellowfin sole, rock sole, and the ``other 
species'' category, the SSC, AP, and Council endorsed the Plan Team's 
ABC recommendations. For 2007 and 2008, the SSC recommended higher 
pollock OFLs and ABCs than the OFLs and ABCs recommended by the Plan 
Team. For Bering Sea subarea pollock, the SSC recommended using a 
procedure that sets the ABCs at the F40[percnt] 
level which results in ABCs lower than the maximum permissible, but 
higher than the Plan Teams recommendations. For AI subarea pollock, the 
SSC recommended using tier 3 management which results in maximum 
permissible ABCs and OFLs higher than the tier 5 management recommended 
by the Plan Team. For yellowfin sole and rock sole, the SSC recommended 
using tier 1 management which results in maximum permissible ABCs and 
OFLs higher than the tier 3 management recommended by the Plan Team. 
For ``other species,'' the SSC recommended using tier 6 management for 
shark and octopus species resulting in lower ABCs than the Plan Team's 
recommended tier 5 management. The SSC provided 2007 and 2008 ABC and 
OFL amounts obtained as the sum of the individual species ABCs in the 
``other species'' category since the current FMP specifies management 
at the group level. For all species, the AP endorsed the ABCs 
recommended by the SSC, and the Council adopted them.
    The Plan Team, SSC, AP and Council recommended that total removals 
of Pacific cod from the BSAI not exceed ABC recommendations. In 2006, 
the Board of Fisheries for the State of Alaska (State) established a 
guideline harvest level (GHL) west of 170 degrees west longitude in the 
AI subarea equal to 3 percent of the Pacific cod ABC in the BSAI. 
Accordingly, the Council recommended that the 2007 and 2008 TACs be 
adjusted downward from the ABCs by amounts equal to the 2007 and 2008 
GHLs.
    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 OY range of 1.4 
million to 2.0 million mt. The Council adopted the AP's 2007 and 2008 
TAC recommendations. None of the Council's recommended TACs for 2007 or 
2008 exceeds the final 2007 or 2008 ABC for any species category. The 
2007 and 2008 harvest specifications approved by the Secretary of 
Commerce (Secretary) are unchanged from those recommended by the 
Council and are consistent with the preferred harvest strategy 
alternative in the EIS. The 2007 and 2008 TACs are less than the 
maximum permissible ABCs recommended by the Council's plan teams and 
SSC. NMFS finds that the recommended OFLs, ABCs, and TACs are 
consistent with the biological condition of groundfish stocks as 
described in the 2006 SAFE report that was approved by the Council.

Other Rules Affecting the 2007 and 2008 Harvest Specifications

    The following paragraphs identify actions that are currently under 
consideration by the Council and that, if submitted to and approved by 
the Secretary, could change the 2007 and 2008 final harvest 
specifications. The existing 2007 harvest specifications will be 
updated in early 2007 when final harvest specifications for 2007 and 
new harvest specifications for 2008 are implemented. The 2008 harvest 
specifications will be updated in early 2008, when new harvest 
specifications for 2008 and 2009 are implemented.
    In April 2006, the Council adopted Amendment 85 to the FMP. 
Amendment 85 would revise the BSAI Pacific cod sector allocations. If 
approved by the Secretary, final regulations implementing Amendment 85 
are anticipated to be effective for the 2008 fishing year. The notice 
of availability of Amendment 85 to the FMP was published December 7, 
2006 (71 FR 70943), and the comment period ended February 5, 2007. In 
June 2006 the Council adopted Amendment 80 to the FMP. Amendment 80 
would provide specific groundfish allocations to the non-American 
Fisheries Act (AFA) trawl catcher/processor sector and allow the 
formation of cooperatives. If approved by the Secretary, final 
regulations implementing Amendment 80 also are anticipated to be 
effective for the 2008 fishing year. The Council also adopted Amendment 
84 that would modify current regulations for managing incidental catch 
of Chinook and chum salmon and may change the PSC limits. The Council 
also is considering two proposals. One would allocate the Pacific cod 
TAC by Bering Sea subarea and AI subarea instead of a combined BSAI 
TAC. The other would separate some species from the ``other rockfish'' 
or ``other species'' categories to establish individual OFLs, ABCs, and 
TACs.

Changes From the 2007 and 2008 Proposed Harvest Specifications in the 
BSAI

    In October 2006 the Council's recommendations for the 2007 and 2008 
proposed harvest specifications (71 FR 75460, December 15, 2006) were 
based largely on information contained in the 2005 SAFE report for the 
BSAI groundfish fisheries, dated November 2005. The Council recommended 
that OFLs and ABCs for stocks in tiers 1 through 3 be based on biomass 
projections as set forth in the 2005 SAFE report and estimates of 
groundfish harvests through the 2006 fishing year. For stocks in tiers 
4 through 6, for which biomass projections could not be made, the 
Council recommended that OFLs and ABCs be unchanged from 2006 until the 
2006 SAFE report could be completed. The 2006 SAFE report (dated 
November 2006), which was not available when the Council made its 
recommendations in October 2006, contains the best and most recent 
scientific information on the condition of the groundfish stocks. In 
December 2006, the Council considered the 2006 SAFE report in making 
its recommendations for the 2007 and 2008 final harvest specifications. 
Based on the 2006 SAFE report, the sum of the 2007 and 2008 recommended 
final TACs for the BSAI (2,000,000 mt) is the same as the sum of the 
2007 and 2008 proposed TACs. Compared to the 2007 and 2008 proposed 
harvest specifications, the Council's 2006 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 species include BSAI flathead sole, Pacific 
cod, sablefish,

[[Page 9453]]

yellowfin sole, ``other flatfish,'' Pacific ocean perch, northern 
rockfish, ``other rockfish,'' and squid. Conversely, the Council 
reduced TAC levels to provide greater protection for several species 
including Bering Sea subarea pollock, rock sole, Greenland turbot, 
shortraker rockfish, rougheye rockfish, and ``other species.'' The 
changes recommended by the Council were based on the best scientific 
information available, consistent with National Standard 2 of the MSA, 
and within a reasonable range of variation from the proposed TAC 
recommendations so that the affected public was fairly apprised and 
could make meaningful comments.

                             Comparison of Final 2007 and 2008 With Proposed 2007 and 2008 Total Allowable Catch in the BSAI
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                                                                                             2007      2007 final                   2008      2008 final
                  Species                                 Area               2007 final    proposed      minus      2008 final    proposed      minus
                                                                                TAC          TAC        proposed       TAC          TAC        proposed
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Pollock....................................  BS...........................    1,394,000    1,419,800      -25,800    1,318,000    1,168,700      149,300
                                             AI...........................       19,000       19,000            0       19,000       19,000            0
                                             Bogoslof.....................           10           10            0           10           10            0
Pacific cod................................  BSAI.........................      170,720      144,045       26,675      127,070      118,049        9,021
Sablefish..................................  BS...........................        2,980        2,580          400        2,970        2,240          730
                                             AI...........................        2,810        2,620          190        2,800        2,260          540
Atka mackerel..............................  EAI/BS.......................       23,800       16,782        7,018       17,600       24,481      *-6,881
                                             CAI..........................       29,600       38,718       -9,118       22,000       27,728       -5,728
                                             WAI..........................        9,600        7,500        2,100       15,300       12,891        2,409
Yellowfin sole.............................  BSAI.........................      136,000      117,100       18,900      150,000      106,400       43,600
Rock sole..................................  BSAI.........................       55,000       85,736      -30,736       75,000      111,600      -36,600
Greenland turbot...........................  BS...........................        1,680        1,815         -135        1,720        1,815          -95
                                             AI...........................          760          815          -55          770          815          -45
Arrowtooth flounder........................  BSAI.........................       20,000       20,000            0       30,000      144,800     -114,800
Flathead sole..............................  BSAI.........................       30,000       22,000        8,000       45,000       52,200       -7,200
Other flatfish.............................  BSAI.........................       10,000        5,000        5,000       21,400       18,100        3,300
Alaska plaice..............................  BSAI.........................       25,000       32,000       -7,000       60,000      129,637      -69,637
Pacific ocean perch........................  BS...........................        2,160        3,020         -860        4,080        3,020        1,060
                                             EAI..........................        4,970        3,322        1,648        4,900        3,322        1,578
                                             CAI..........................        5,050        3,277        1,773        5,000        3,277        1,723
                                             WAI..........................        7,720        5,481        2,239        7,620        5,481        2,139
Northern rockfish..........................  BSAI.........................        8,190        5,000        3,190        8,150        5,000        3,150
Shortraker rockfish........................  BSAI.........................          424          580         -156          424          580         -156
Rougheye rockfish..........................  BSAI.........................          202          224          -22          202          224          -22
Other rockfish.............................  BS...........................          414          810         -396          414          810         -396
                                             AI...........................          585          590           -5          585          590           -5
Squid......................................  BSAI.........................        1,970        1,275          695        1,970        1,970            0
Other species..............................  BSAI.........................       37,355       40,900       -3,545       58,015       35,000       23,015
                                                                           -----------------------------------------------------------------------------
    Total..................................  .............................    2,000,000    2,000,000            0    2,000,000    2,000,000            0
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    As mentioned in the 2007 and 2008 proposed harvest specifications, 
NMFS is apportioning the amounts shown in Table 2 from the non-
specified reserve to increase the initial TAC (ITAC) of several target 
species.
    NMFS is revising the BSAI species that will be allocated to the CDQ 
Program to include Bering Sea pollock, AI pollock, Pacific cod, 
sablefish from both the fixed gear and trawl gear allocations, Atka 
mackerel, yellowfin sole, rock sole, Bering Sea Greenland turbot, 
arrowtooth flounder, flathead sole, and AI Pacific ocean perch. This 
differs from the suite of species that NMFS proposed to allocate to the 
CDQ Program, as described in the 2007 and 2008 proposed harvest 
specifications (71 FR 75460, December 15, 2006). NMFS originally 
proposed, in addition to the species listed above, allocating AI 
Greenland turbot, ``other flatfish,'' and Alaska plaice to the CDQ 
Program. NMFS also proposed to not allocate sablefish from the trawl 
allocation to the CDQ Program.
    Furthermore, NMFS is increasing the 2008 CDQ reserve allocations in 
Table 1 to 10.7 percent from 7.5 percent, except for pollock and 
sablefish. The statutory requirements and agency determination for 
changing the suite of species and percentage allocations made to the 
CDQ Program are described both in the 2007 and 2008 proposed harvest 
specifications and in the response to Comment 3 in the Response to 
Comments section of this action.
    Catch in the CDQ fisheries of species in TAC categories that are 
not allocated to the CDQ Program will be managed under the regulations 
and fishery status that applies to the TAC category in the non-CDQ 
groundfish fisheries. Retention of species closed to directed fishing 
will either be limited to maximum retainable amounts or all catch of 
the species will be required to be discarded. Notices of closures to 
directed fishing and retention requirements for these species will 
apply to the CDQ and non-CDQ sectors. The catch of these species in the 
CDQ fisheries would not constrain the catch of other CDQ species unless 
catch by all sectors approached an OFL.
    The 2007 and 2008 final TAC recommendations for the BSAI are within 
the OY range established for the BSAI and do not exceed ABCs for any 
single species or complex. Table 1 lists the 2007 and 2008 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.

[[Page 9454]]



  TABLE 1.--2007 and 2008 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ Reserve Allocation of Groundfish in the BSAI \1\
                                                                                  [Amounts are in metric tons]
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                                                                                              2007                                                             2008
               Species                           Area          ---------------------------------------------------------------------------------------------------------------------------------
                                                                    OFL          ABC          TAC        ITAC \2\     CDQ \3\        OFL          ABC          TAC        ITAC \2\     CDQ \3\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\..........................  BS\2\..................    1,640,000    1,394,000    1,394,000    1,254,600      139,400    1,431,000    1,318,000    1,318,000    1,186,200      131,800
                                       AI \2\.................       54,500       44,500       19,000       17,100        1,900       50,300       41,000       19,000       17,100        1,900
                                       Bogoslof...............       48,000        5,220           10           10            0       48,000        5,220           10           10            0
Pacific cod \5\......................  BSAI...................      207,000      176,000      170,720      145,112       12,804      154,000      131,000      127,070      108,010       13,596
Sablefish \6\........................  BS.....................        3,520        2,980        2,980        2,458          410        3,290        2,970        2,970        1,263          111
                                       AI.....................        3,320        2,810        2,810        2,284          474        3,100        2,800        2,800          596           52
Atka mackerel........................  BSAI...................       86,900       74,000       63,000       53,550        4,725       64,200       54,900       54,900       46,665        5,874
                                       EAI/BS.................          n/a       23,800       23,800       20,230        1,785          n/a       17,600       17,600       14,960        1,883
                                       CAI....................          n/a       29,600       29,600       25,160        2,220          n/a       22,000       22,000       18,700        2,354
                                       WAI....................          n/a       20,600        9,600        8,160          720          n/a       15,300       15,300       13,005        1,637
Yellowfin sole.......................  BSAI...................      240,000      225,000      136,000      115,600       10,200      261,000      245,000      150,000      127,500       16,050
Rock sole............................  BSAI...................      200,000      198,000       55,000       46,750        4,125      271,000      268,000       75,000       63,750        8,025
Greenland turbot.....................  BSAI...................       15,600        2,440        2,440        2,074          n/a       16,000        2,490        2,490        2,117          n/a
                                       BS.....................          n/a        1,680        1,680        1,428          126          n/a        1,720        1,720        1,462          184
                                       AI.....................          n/a          760          760          646            0          n/a          770          770          655            0
Arrowtooth flounder..................  BSAI...................      193,000      158,000       20,000       17,000        1,500      208,000      171,000       30,000       25,500        3,210
Flathead sole........................  BSAI...................       95,300       79,200       30,000       25,500        2,250       92,800       77,200       45,000       38,250        4,815
Other flatfish \7\...................  BSAI...................       28,500       21,400       10,000        8,500            0       28,500       21,400       21,400       18,190            0
Alaska plaice........................  BSAI...................      241,000      190,000       25,000       21,250            0      252,000      199,000       60,000       51,000            0
Pacific ocean perch..................  BSAI...................       26,100       21,900       19,900       16,915          n/a       25,600       21,600       21,600       18,360          n/a
                                       BS.....................          n/a        4,160        2,160        1,836            0          n/a        4,080        4,080        3,468            0
                                       EAI....................          n/a        4,970        4,970        4,225          373          n/a        4,900        4,900        4,165          524
                                       CAI....................          n/a        5,050        5,050        4,293          379          n/a        5,000        5,000        4,250          535
                                       WAI....................          n/a        7,720        7,720        6,562          579          n/a        7,620        7,620        6,477          815
Northern rockfish....................  BSAI...................        9,750        8,190        8,190        6,962            0        9,700        8,150        8,150        6,928            0
Shortraker rockfish..................  BSAI...................          564          424          424          360            0          564          424          424          360            0
Rougheye rockfish....................  BSAI...................          269          202          202          172            0          269          202          202          172            0
Other rockfish \8\...................  BSAI...................        1,330          999          999          849            0        1,330          999          999          849            0
                                       BS.....................          n/a          414          414          352            0          n/a          414          414          352            0
                                       AI.....................          n/a          585          585          497            0          n/a          585          585          497            0
Squid................................  BSAI...................        2,620        1,970        1,970        1,675            0        2,620        1,970        1,970        1,675            0
Other species \9\....................  BSAI...................       91,700       68,800       37,355       31,752            0       91,700       68,800       58,015       49,313            0
                                      ----------------------------------------------------------------------------------------------------------------------------------------------------------
    Total............................  .......................    3,188,973    2,676,035    2,000,000    1,770,474      179,245    3,014,973    2,642,125    2,000,000    1,763,808     187,491
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\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS)
  subarea includes the Bogoslof District.
\2\ Except for pollock and the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC is put into a reserve. The ITAC for each species is the remainder of
  the TAC after the subtraction of these reserves.
\3\ Except for Aleutian Islands Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, ``other
  rockfish,'' squid, and ``other species,'' 7.5 percent in 2007 and 10.7 percent in 2008 of the TAC is designated as a CDQ reserve for use by CDQ participants (see Sec.  Sec.
  679.20(b)(1)(iii), 679.31, and section 305(i)(1)(B)(i) and (ii) of the MSA).
\4\ Under Sec.   679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC after subtraction for the CDQ directed fishing allowance (10 percent) and the incidental catch allowance (2.8
  percent), is further allocated by sector for a directed pollock fishery as follows: inshore--50 percent; catcher/processor--40 percent; and motherships--10 percent. Under Sec.
  679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the
  incidental catch allowance (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery.
\5\ The Pacific cod TAC is reduced by 3 percent from the ABC to account for the State of Alaska's (State) guideline harvest level in State waters of the Aleutian Islands subarea.
\6\ Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is reserved for use by CDQ participants (see Sec.   679.20(b)(1)(iii)(B)).
\7\ ``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.
\8\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
\9\ ``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 9455]]

Reserves and the Incidental Catch Allowance (ICA) for Pollock

    Section 679.20(b)(1)(i) of the CFR 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)(A) of the CFR and 
section 305(i)(1)(B)(i) and (ii) of the MSA further require the 
allocation of one-half of each TAC amount that is placed in the non-
specified reserve (7.5 percent of the TAC) in 2007 and 10.7 percent in 
2008 be allocated to the groundfish CDQ reserve with the exception of 
Bogoslof pollock, Aleutian Islands Greenland turbot, ``other 
flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, northern 
rockfish, shortraker rockfish, rougheye rockfish, ``other rockfish,'' 
squid, and ``other species,'' as explained above. Section 
679.20(b)(1)(iii)(B) requires 20 percent of the hook-and-line and pot 
gear allocation of sablefish be allocated to the fixed gear sablefish 
CDQ reserve. Sections 679.20(a)(5)(i)(A), 679.20(a)(5)(iii)(B)(2)(i), 
and 679.31(a) also require the allocation of 10 percent of the BSAI 
pollock TACs to the pollock CDQ directed fishing allowance (DFA). 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 2.8 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 1999 through 2006. During this 8-year period, the pollock 
incidental catch ranged from a low of 2.4 percent in 2006, to a high of 
5 percent in 1999, with a 7-year average of 3.5 percent. Pursuant to 
Sec.  679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS recommends pollock ICA 
of 1,600 mt for AI subarea pollock after subtraction of the 10 percent 
CDQ DFA. 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 2003 through 2006. During this 
4-year period, the incidental catch of pollock ranged from a low of 5 
percent in 2006 to a high of 10 percent in 2003, with a 4-year average 
of 7 percent.
    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 by 7.5 percent of the TAC in 2007. In 
2008, northern rockfish, shortraker rockfish, rougheye rockfish, and 
Bering Sea ``other rockfish'' are increased by 7.5 percent of TAC and 
Atka mackerel, Pacific ocean perch, and Pacific cod by 4.3 percent of 
the TAC.

                      Table 2.--2007 and 2008 Apportionment of Reserves to ITAC Categories
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                  2007                      2008
                  Species--area or subarea                      Reserve     2007 Final    Reserve     2008 Final
                                                                 amount        ITAC        amount        ITAC
----------------------------------------------------------------------------------------------------------------
Atka mackerel--Eastern Aleutian District and Bering Sea             1,785       22,015          757       15,717
 subarea....................................................
Atka mackerel--Central Aleutian District....................        2,220       27,380          946       19,646
Atka mackerel--Western Aleutian District....................          720        8,880          658       13,663
Pacific ocean perch--Eastern Aleutian District..............          373        4,598          211        4,376
Pacific ocean perch--Central Aleutian District..............          379        4,672          215        4,465
Pacific ocean perch--Western Aleutian District..............          579        7,141          328        6,805
Pacific cod--BSAI...........................................       12,804      157,916        5,464      113,474
Shortraker rockfish--BSAI...................................           32          392           32          392
Rougheye rockfish--BSAI.....................................           15          187           15          187
Northern rockfish--BSAI.....................................          614        7,576          611        7,539
Other rockfish--Bering Sea subarea..........................           31          383           31          383
                                                             ---------------------------------------------------
    Total...................................................       19,552      241,140        9,268      186,647
----------------------------------------------------------------------------------------------------------------

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 2.8 percent for the ICA, be 
allocated as a DFA as follows: 50 percent to the inshore sector, 40 
percent to the catcher/processor sector, and 10 percent to the 
mothership sector. In the Bering Sea subarea, 40 percent of the DFA is 
allocated to the A season (January 20-June 10) and 60 percent of the 
DFA is allocated to the B season (June 10-November 1). In October 2006, 
the State's Board of Fisheries adopted a proposal for a 3,000 mt 
pollock fishery in State waters of the AI subarea. However, this action 
by the State does not require a downward adjustment of the Federal AI 
subarea pollock TAC because the combined TAC and GHL (22,000 mt) are 
less than the proposed ABC of 44,500 mt. 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 1,600 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 2007 
and 2008 amounts.
    Section 679.20(a)(5)(i)(A)(4) also includes several specific 
requirements

[[Page 9456]]

regarding 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 2007 and 2008 allocations of 
pollock TAC. Tables 10 through 15 list the AFA catcher/processor and 
catcher vessel harvesting sideboard limits. The tables for the pollock 
allocations to the Bering Sea subarea inshore pollock cooperatives and 
open access sector will be posted on the Alaska Region Web site at 
http://www.fakr.noaa.gov.
    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 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 less 
than 28 percent of the annual DFA is taken inside the SCA before April 
1, the remainder will be 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 2007 and 2008 amounts.

       Table 3.--2007 and 2008 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        2007 A season \1\      2007 B                    2008 A season \1\      2008 B
                                                                    ------------------------ season \1\              ------------------------ season \1\
                    Area and sector                         2007                     SCA    ------------     2008                     SCA    -----------
                                                        Allocations   A season     harvest    B season   Allocations   A season     harvest    B season
                                                                         DFA      limit \2\      DFA                      DFA      limit \2\      DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea....................................    1,394,000         n/a         n/a         n/a    1,318,000         n/a         n/a         n/a
  CDQ DFA.............................................      139,400      55,760      39,032      83,640      131,800      52,720      36,904      79,080
  ICA \1\.............................................       35,129         n/a         n/a         n/a       33,214         n/a         n/a         n/a
  AFA Inshore.........................................      609,736     243,894     170,726     365,841      576,493     230,597     161,418     345,896
  AFA Catcher/Processors \3\..........................      487,788     195,115     136,581     292,673      461,195     184,478     129,134     276,717
    Catch by C/Ps.....................................      446,326     178,531         n/a     267,796      421,993     168,797         n/a     253,196
    Catch by CVs \3\..................................       41,462      16,585         n/a      24,877       39,202      15,681         n/a      23,521
      Unlisted C/P Limit \4\..........................        2,439         976         n/a       1,463        2,306         922         n/a       1,384
AFA Motherships.......................................      121,947      48,779      34,145      73,168      115,299      46,119      32,284      69,179
Excessive Harvesting Limit \5\........................      213,407         n/a         n/a         n/a      201,773         n/a         n/a         n/a
Excessive Processing Limit \6\........................      365,841         n/a         n/a         n/a      345,896         n/a         n/a         n/a
Total Bering Sea DFA..................................    1,358,871     543,548     380,484     815,322    1,284,787     513,914     359,740     770,872
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.................................................        1,600         800         n/a         800        1,600         800         n/a         800
  Aleut Corporation...................................       15,500      15,500         n/a           0       15,500      15,500         n/a           0
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 (2.8 percent), is
  allocated as a DFA as follows: inshore sector--50 percent, catcher/processor sector--40 percent, and mothership sector--10 percent. In the Bering Sea
  subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season (June 10-
  November 1). 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 (1,600 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 less than 28 percent of the
  annual DFA is taken inside the SCA before April 1, the remainder will be 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 2007 and 2008. Based on the 2007 ITAC of 
22,015 mt, the jig gear allocation would be 220 mt for 2007. Based on 
the 2008 ITAC of 15,717 mt, the jig gear allocation would be 157 mt for 
2008.
    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

[[Page 9457]]

April 15 (A season), and the second seasonal allowance is made 
available from September 1 to November 1 (B season; 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)).

                 Table 4.--2007 and 2008 Seasonal and Spatial Allowances, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC\1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     2007 Seasonal allowances \3\
                                                                                        2007 CDQ             -------------------------------------------
                                                                           2007 CDQ     reserve                   A season \4\          B season \4\
                    Subarea and component                      2007 TAC  reserve \2\   HLA limit   2007 ITAC -------------------------------------------
                                                                                          \5\                            HLA limit             HLA limit
                                                                                                                Total       \5\       Total       \5\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western AI District.........................................      9,600          720          432      8,880      4,440      2,664      4,440      2,664
Central AI District.........................................     29,600        2,220        1,332     27,380     13,690      8,214     13,690      8,214
EAI/BS subarea \6\..........................................     23,800        1,785          n/a     22,015        n/a        n/a        n/a        n/a
    Jig (1%) \7\............................................        n/a          n/a          n/a        220        n/a        n/a        n/a        n/a
    Other gear (99%)........................................        n/a          n/a          n/a     21,795     10,897        n/a     10,897        n/a
                                                             -------------------------------------------------------------------------------------------
        Total...............................................     63,000          n/a          n/a        n/a     29,027        n/a     29,027        n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     2008 Seasonal allowances \3\
                                                                                        2008 CDQ             -------------------------------------------
                                                                           2008 CDQ     reserve                   A season \4\          B season \4\
                    Subarea and component                      2008 TAC  reserve \2\   HLA limit   2008 ITAC -------------------------------------------
                                                                                          \5\                            HLA limit             HLA limit
                                                                                                                Total       \5\       Total       \5\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western AI District.........................................     15,300        1,637          982     13,663      6,831      4,099      6,831      4,099
Central AI District.........................................     22,000        2,354        1,412     19,646      9,823      5,894      9,823      5,894
EAI/BS subarea \6\..........................................     17,600        1,883          n/a     15,717        n/a        n/a        n/a        n/a
    Jig (1%) \7\............................................        n/a          n/a          n/a        157        n/a        n/a        n/a        n/a
    Other gear (99%)........................................        n/a          n/a          n/a     15,560      7,780        n/a      7,780        n/a
                                                             -------------------------------------------------------------------------------------------
        Total...............................................     54,900          n/a          n/a        n/a     24,434        n/a     24,434        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 CDQ reserve is 7.5 percent in 2007 and 10.7 percent in 2008 of the TAC for use by CDQ participants (see Sec.  Sec.   679.20(b)(1)(iii), 679.31,
  and section 305(i)(1)(B)(i) and (ii) of the MSA).
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ The A season is January 1 (January 20 for trawl gear) to April 15 and the B season is September 1 to November 1.
\5\ 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
  2007 and 2008, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
\6\ Eastern Aleutian District and the Bering Sea subarea.
\7\ 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. The Regional 
Administrator specifies an ICA of 500 mt for 2007 and 2008 based on 
anticipated incidental catch in these fisheries. 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 ft (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 Pacific 
cod ITAC is apportioned into seasonal allowances to disperse the 
Pacific cod fisheries over the fishing year (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 ft (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

[[Page 9458]]

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 2007 and 2008 allocations and seasonal apportionments of the 
Pacific cod ITAC. In accordance with Sec.  679.20(a)(7)(ii)(D) and 
(a)(7)(iii)(B), any unused portion of a seasonal Pacific cod allowance 
will become available at the beginning of the next seasonal allowance.

                                                    Table 5.--2007 and 2008 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod ITAC
                                                                                  [Amounts are in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      2007        2007       2007       2007 seasonal apportionment \1\      2008        2008       2008       2008 seasonal apportionment \1\
                                                    share of    subtotal   share of -------------------------------------- share of    subtotal   share of -------------------------------------
               Gear sector                 Percent    gear    percentages    gear                                            gear    percentages    gear
                                                     sector     for gear    sector              Date              Amount    sector     for gear    sector              Date              Amount
                                                      total     sectors      total                                           total     sectors      total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total hook-and-line/pot gear............        51    80,537         n/a        n/a  n/a.......................       n/a    57,872         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    80,037         n/a        n/a  n/a.......................       n/a    57,372         n/a        n/a  n/a.......................       n/a
Hook-and-line C/P.......................       n/a       n/a          80     64,030  Jan 1-Jun 10..............    38,419       n/a          80     45,897  Jan 1-Jun 10..............    27,538
                                          ........  ........  ...........  ........  Jun 10-Dec 31.............    25,611  ........  ...........  ........  Jun 10-Dec 31.............    18,359
Hook-and-line CV........................       n/a       n/a         0.3        240  Jan 1-Jun 10..............       144       n/a         0.3        172  Jan 1-Jun 10..............       103
                                          ........  ........  ...........  ........  Jun 10-Dec 31.............        96  ........  ...........  ........  Jun 10-Dec 31.............        69
Pot C/P.................................       n/a       n/a         3.3      2,641  Jan 1-Jun 10..............     1,586       n/a         3.3      1,893  Jan 1-Jun 10..............     1,136
                                          ........  ........  ...........  ........  Sept 1-Dec 31.............     1,055  ........  ...........  ........  Sept 1-Dec 31.............       757
Pot CV..................................       n/a       n/a          15     12,006  Jan 1-Jun 10..............     7,203       n/a          15      8,606  Jan 1-Jun 10..............     5,163
                                          ........  ........  ...........  ........  Sept 1-Dec 31.............     4,803  ........  ...........  ........  Sept 1-Dec 31.............     3,443
CV < 60 ft LOA using Hook-and-line or          n/a       n/a         1.4      1,121  n/a.......................       n/a       n/a         1.4        803  n/a.......................       n/a
 Pot gear.
Total Trawl Gear........................        47    74,221         n/a        n/a  n/a.......................       n/a    53,333         n/a        n/a  n/a.......................       n/a
    Trawl CV............................  ........  ........          50     37,110  Jan 20-Apr 1..............    25,977  ........          50     26,666  Jan 20-Apr 1..............    18,666
                                          ........  ........  ...........       n/a  Apr 1-Jun 10..............     3,711  ........  ...........       n/a  Apr 1-Jun 10..............     2,667
                                          ........  ........  ...........       n/a  Jun 10-Nov 1..............     7,422  ........  ...........       n/a  Jun 10-Nov 1..............     5,333
    Trawl CP............................  ........  ........          50     37,110  Jan 20-Apr 1..............    18,555  ........          50     26,666  Jan 20-Apr 1..............    13,333
                                          ........  ........  ...........       n/a  Apr 1-Jun 10..............    11,133  ........  ...........       n/a  Apr 1-Jun 10..............     8,000
                                          ........  ........  ...........       n/a  Jun 10-Nov 1..............     7,422  ........  ...........       n/a  Jun 10-Nov 1..............     5,333
Jig.....................................         2     3,158         n/a        n/a  Jan 1-Apr 30..............     1,263     2,269         n/a        n/a  Jan 1-Apr 30..............       908
                                          ........  ........         n/a        n/a  Apr 30-Aug 31.............       632  ........         n/a        n/a  Apr 30-Aug 31.............       453
                                          ........  ........         n/a        n/a  Aug 31-Dec 31.............     1,263  ........         n/a        n/a  Aug 31-Dec 31.............       908
                                         -------------------------------------------------------------------------------------------------------------------------------------------------------
        Total...........................       100   157,916         n/a        n/a  n/a.......................       n/a   113,474         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 ft (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

    Sections 679.20(a)(4)(iii) and (iv) require 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. The 
Council recommended that only trawl sablefish TAC be established 
biennially. The harvest specifications for the hook-and-line gear and 
pot gear sablefish Individual Fishing Quota (IFQ) fisheries will be 
limited to the 2007 fishing year to ensure those fisheries are 
conducted concurrent with the halibut IFQ fishery. Concurrent sablefish 
and halibut IFQ fisheries would 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. 
Table 6 lists the 2007 and 2008 gear allocations of the sablefish TAC 
and CDQ reserve amounts.

                                       Table 6.--2007 and 2008 Gear Shares and CDQ Reserve of BSAI Sablefish TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Percent of   2007 Share                 2007 CDQ    2008 Share                 2008 CDQ
                       Subarea and gear                            TAC         of TAC     2007 ITAC     reserve       of TAC     2008 ITAC     reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl \1\................................................           50        1,490        1,266          112        1,485        1,263          111
    Hook-and-line/pot gear \2\...............................           50        1,490        1,192          298          n/a          n/a          n/a
                                                              ------------------------------------------------------------------------------------------
        Total................................................          100        2,980        2,458          410        1,485        1,263          111
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 9459]]

 
Aleutian Islands:
    Trawl \1\................................................           25          702          597           52          700          596           52
    Hook-and-line/pot gear \2\...............................           75        2,108        1,686          422          n/a          n/a          n/a
                                                              ------------------------------------------------------------------------------------------
        Total................................................          100        2,810        2,283          474        2,800          596          52
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 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) sets forth the BSAI PSC limits. Pursuant to Sec.  
679.21(e)(1)(v) and (e)(2)(i), 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)(i) allocates 7.5 percent of these halibut 
mortality limits as the PSQ reserve for use by the groundfish CDQ 
program. Section 679.21(e)(1)(vii) specifies 29,000 fish as the 2007 
and 2008 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 reserve 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 2007 and 2008 Chinook salmon 
PSC limit for the AI subarea pollock fishery. Section 679.21(e)(1)(i) 
allocates 7.5 percent, or 53 Chinook salmon, as the AI subarea 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 2007 and 2008 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 2006 survey data at 29.7 million red 
king crabs and the effective spawning biomass is estimated as 157 
million pounds (71,215 mt). Based on the criteria set out at Sec.  
679.21(e)(1)(ii), the 2007 and 2008 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 2006 survey data, Tanner crab (Chionoecetes bairdi) 
abundance is estimated as 866 million animals. Given the criteria set 
out at Sec.  679.21(e)(1)(iii), the 2007 and 2008 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 2006 survey 
estimate of 3.25 billion animals, the calculated limit is 4,350,000 
animals.
    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.
    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 2007 and 2008 herring biomass is 178,652 mt. This amount 
was derived using 2006 survey data and an age-structured biomass 
projection model developed by the Alaska Department of Fish and Game. 
Therefore, the herring PSC limit for 2007 and 2008 is 1,787 mt.
    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, exempts pot gear, jig gear, and 
the sablefish IFQ hook-and-line gear fishery categories from halibut 
bycatch restrictions because (1) The pot gear fisheries have low 
halibut bycatch mortality, (2) halibut mortality for the jig gear fleet 
is assumed to be negligible, and (3) the sablefish and halibut IFQ 
fisheries have low halibut bycatch mortality because the 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 2006, total groundfish catch for the pot gear fishery in the BSAI 
was approximately 19,721 mt, with an associated halibut bycatch 
mortality of about 5 mt. The 2006 jig gear fishery harvested about 84 
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 
jig gear and the low mortality rate of halibut caught with jig gear and 
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

[[Page 9460]]

to harvest the available groundfish TAC and to minimize bycatch. The 
factors to be considered are (1) Seasonal distribution of prohibited 
species, (2) seasonal distribution of target groundfish species, (3) 
PSC bycatch needs on a seasonal basis relevant to prohibited species 
biomass, (4) expected variations in bycatch rates throughout the year, 
(5) expected start of fishing effort, and (6) economic effects of 
seasonal PSC apportionments on industry sectors. 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.--2007 and 2008 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)    (mt) BSAI    (animals)    (animals)
                                     BSAI                      Zone 1 \1\   COBLZ \1\    Zone 1 \1\   Zone 2 \1\
----------------------------------------------------------------------------------------------------------------
Yellowfin sole                 936.............          153       33,843    3,098,288      340,844    1,788,459
    January 20-April 1.......  312.............          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  829.............           27      121,413      643,800      365,320      596,154
 sole \2\
    January 20-April 1.......  498.............          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    n/a.............           12          n/a       40,238          n/a          n/a
 \3\
Rockfish                       n/a.............          n/a          n/a          n/a          n/a          n/a
    July 1-December 31.......  69..............           10          n/a       40,237          n/a       10,988
Pacific cod                    1,334...........           27       26,563      120,712      183,112      324,176
Midwater trawl pollock         n/a.............        1,364          n/a          n/a          n/a          n/a
Pollock/Atka mackerel/other    232.............          194          406       80,475       17,224       27,473
 \4\
Red King Crab Savings Subarea  n/a.............          n/a          n/a          n/a          n/a          n/a
 \5\
    (non-pelagic trawl)......  n/a.............          n/a       42,495          n/a          n/a          n/a
                              ----------------------------------------------------------------------------------
        Total trawl PSC......  3,400...........        1,787      182,225    4,023,750      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 \6\......  342.............          n/a       14,775      326,250       73,500      222,750
                              ----------------------------------------------------------------------------------
        PSC grand total......  4,575...........        1,787      197,000    4,350,000      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\ In December 2006, 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)).
\6\ 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.

Halibut Discard Mortality Rates

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator uses observed halibut bycatch rates, discard 
mortality rates (DMR), and estimates of groundfish catch to project 
when a fishery's halibut bycatch mortality allowance or seasonal 
apportionment is reached. The DMRs are based on the best information 
available, including information contained in the annual SAFE report.
    The Council recommended, and NMFS approves, the halibut DMRs 
developed and recommended by staff of the International Pacific Halibut 
Commission (IPHC) for the 2007 and 2008 BSAI groundfish fisheries. 
These DMRs will be used for monitoring the 2007 and 2008 halibut 
bycatch allowances (see Table 8). The IPHC developed these DMRs using 
the 10-year mean DMRs for the BSAI non-CDQ groundfish fisheries. 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

[[Page 9461]]

calculating the DMRs for the CDQ fisheries since 1998, and a 10-year 
mean is not yet available. Until 10 years of data from CDQ fishing has 
been collected, recommendations will be based on averaging all 
available data. The justification for the DMRs is discussed in Appendix 
A of the 2006 SAFE report dated November 2006 and is available from the 
Council (see ADDRESSES).

 Table 8.--2007 and 2008 Assumed Pacific Halibut Discard Mortality Rates
                              for the BSAI
------------------------------------------------------------------------
                                                       Halibut mortality
              Gear                      Fishery            (percent)
------------------------------------------------------------------------
Hook-and-line...................  Greenland turbot...                 13
                                  Other species......                 11
                                  Pacific cod........                 11
                                  Rockfish...........                 17
Trawl...........................  Arrowtooth flounder                 75
                                  Atka mackerel......                 76
                                  Flathead sole......                 70
                                  Greenland turbot...                 70
                                  Non-pelagic pollock                 74
                                  Pelagic pollock....                 88
                                  Other flatfish.....                 74
                                  Other species......                 70
                                  Pacific cod........                 70
                                  Rockfish...........                 76
                                  Rock sole..........                 80
                                  Sablefish..........                 75
                                  Yellowfin sole.....                 80
Pot.............................  Other species......                  7
                                  Pacific cod........                  7
CDQ trawl.......................  Atka mackerel......                 86
                                  Flathead sole......                 70
                                  Non-pelagic pollock                 85
                                  Pelagic pollock....                 90
                                  Rockfish...........                 76
                                  Yellowfin sole.....                 86
CDQ hook-and-line...............  Greenland turbot...                 13
                                  Pacific cod........                 10
CDQ pot.........................  Pacific cod........                  7
                                  Sablefish..........                 34
------------------------------------------------------------------------

Directed Fishing Closures

    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator may establish a DFA 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 
DFA, 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 2007 and 2008 
fishing years.

                              Table 9.--2007 and 2008 Directed Fishing Closures \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                       2007            2008
                                                                                    Incidental      Incidental
                     Area                                    Species                   catch           catch
                                                                                     allowance       allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District.............................  Pollock.........................              10              10
Aleutian Islands subarea......................  ICA Pollock.....................           1,600           1,600
                                                ``Other rockfish''..............             497             497
Bering Sea subarea............................  Pacific ocean perch.............           1,836           3,468
                                                ``Other rockfish''..............             383             383
                                                ICA Pollock.....................          35,129          33,214
Bering Sea and Aleutian Islands...............  Northern rockfish...............           7,576           7,539
                                                Shortraker rockfish.............             392             392
                                                Rougheye rockfish...............             187             187
                                                ``Other species''...............          31,752         49,313
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.


[[Page 9462]]

    Consequently, in accordance with Sec.  679.20(d)(1)(i), the 
Regional Administrator establishes the DFA 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 2, 
2007, through 2400 hrs, A.l.t., December 31, 2008.
    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 2, 
2007, through 2400 hrs, A.l.t., December 31, 2008. NMFS also is 
prohibiting directed fishing for rockfish outside Zone 1 in the BSAI 
through 1200 hrs, A.l.t., July 1, 2007, for 2007 and July 1, 2008, for 
2008.
    Under authority of the 2006 and 2007 final harvest specifications 
(71 FR 10894, March 3, 2006), 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., February 3, 2007, through 1200 
hrs, A.l.t., September 1, 2007 (72 FR 5644, February 7, 2007). NMFS 
opened the first directed fisheries in the HLA in area 542 and area 543 
effective 1200 hrs, A.l.t., February 5, 2007. The first HLA fishery in 
area 542 remained open through 1200 hrs, A.l.t., February 19, 2007. The 
first HLA fishery in area 543 remained open through 1200 hrs, A.l.t., 
February 6, 2007. The second directed fisheries in the HLA in area 542 
and area 543 opened effective 1200 hrs, A.l.t., February 21, 2007. The 
second HLA fishery in area 542 remained open through 1200 hrs, A.l.t., 
March 7, 2007. The second HLA fishery in area 543 remained open through 
1200 hrs, A.l.t., February 22, 2007. NMFS prohibited directed fishing 
for Pacific cod by catcher vessels 60 ft (18.3 m) LOA and longer using 
pot gear in the BSAI, effective 12 hrs, A.l.t., January 26, 2007 
through 1200 hrs, A.l.t., September 1, 2007 (72 FR 4217, January 30, 
2007). NMFS prohibited directed fishing for non-CDQ pollock with trawl 
gear in the Chinook Salmon Savings Areas of the BSAI, effective 12 
noon, A.l.t., February 6, 2007, through 12 noon, A.l.t., April 15, 
2007, and from 12 noon, A.l.t., September 1, 2007, through 12 midnight, 
A.l.t., December 31, 2007 (72 FR 6178, February 9, 2007). NMFS 
prohibited directed fishing for Pacific cod by catcher processor 
vessels using hook-and-line gear in the BSAI, effective 12 noon, 
A.l.t., February 12 2007, until 12 noon, A.l.t., August 15, 2007 (72 FR 
7354, February 15, 2007). NMFS closed directed fishing for the rock 
sole, flathead sole, and ``other flatfish'' fishery category by vessels 
using trawl gear in the BSAI effective 12 noon, A.l.t., February 17, 
2007 through 12 noon, A.l.t., April 1, 2007 (72 FR xxxx, February 22, 
2007). NMFS prohibiting directed fishing for Pacific cod by catcher 
processor vessels using pot gear in the BSAI, effective 12 noon, 
A.l.t., February 20, 2007 through 1200 hrs, A.l.t., September 1, 2007 
(72 FR xxxx, February 23, 2007). NMFS prohibited directed fishing for 
Pacific cod by catcher vessels 60 feet (18.3 meters (m)) LOA and longer 
using hook-and-line gear in the BSAI, effective 12 noon, A.l.t., 
February 21, 2007 (72 FR xxxx, February 26, 2007).
    These closures remain effective under authority of these 2007 and 
2008 final harvest specifications. These closures supersede the 
closures announced under authority of the 2006 and 2007 final harvest 
specifications (71 FR 10894, March 3, 2006). 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.

Amendment 68 Sideboards

    Section 802 of the Consolidated Appropriations Act of 2004 (Public 
Law 108-199) grants NMFS specific statutory authority to manage the 
Central Gulf of Alaska rockfish fisheries. The Council adopted a 
Central Gulf of Alaska Rockfish Pilot Program (Rockfish Program) to 
meet the requirements of Section 802 on June 6, 2005. The Secretary 
approved Amendment 68 on August 11, 2006. The elements of the Rockfish 
Program are discussed in detail in the proposed and final rules for 
Amendment 68 to the FMP for Groundfish of the GOA (71 FR 33040, June 7, 
2006 and 71 FR 67210, November 20, 2006, respectively). The final rule 
for Amendment 68 includes prohibitions on catcher vessels fishing 
specific groundfish fisheries in the BSAI and limitations on fishing 
Pacific cod in the BSAI during July. The basis for the fishing 
prohibitions and the BSAI catcher vessel Pacific cod sideboard limit is 
described in detail in the final rule for Amendment 68 (71 FR 67210, 
November 20, 2006). Section 679.82(d)(6)(i) establishes the BSAI 
catcher vessel Pacific cod sideboard limit as 0.0 mt. Therefore, in 
accordance with Sec.  679.82(d)(7)(ii), NMFS is prohibiting directed 
fishing for BSAI Pacific cod in July for catcher vessels under the 
Rockfish Program sideboard limitations.

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 10 lists the 2007 and 2008 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 10. However, groundfish 
other than pollock that are delivered to listed catcher/processors by 
catcher vessels will not be deducted from the 2007 and 2008 sideboard 
limits for the listed catcher/processors.

[[Page 9463]]



                        Table 10.--2007 and 2008 Listed BSAI American Fisheries Act Catcher/Processor Groundfish Sideboard Limits
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             1995-1997
                                                              ---------------------------------------  2007 ITAC                 2008 ITAC
                                                                                           Ratio of    available     2007 C/P    available     2008 C/P
           Target species                       Area             Retained                  retained   to trawl C/   sideboard   to trawl C/   sideboard
                                                                  catch     Total catch    catch to        Ps         limit          Ps         limit
                                                                                         total catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod trawl...................  BSAI...................       12,424       48,177        0.258       37,110        9,574       26,666        6,880
Sablefish trawl.....................  BS.....................            8          497        0.016        1,266           20        1,263           20
                                      AI.....................            0          145        0.000          597            0          596            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       13,690        1,574        9,823        1,130
                                      HLA limit \2\..........          n/a          n/a          n/a        8,214          945        5,894          678
                                      B season\1\............          n/a          n/a        0.115       13,690        1,574        9,823        1,130
                                      HLA limit \2\..........          n/a          n/a          n/a        8,214          945        5,894          678
                                      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        4,440          888        6,831        1,366
                                      HLA limit \2\..........          n/a          n/a          n/a        2,664          533        4,099          820
                                      B season\1\............          n/a          n/a        0.200        4,440          888        6,831        1,366
                                      HLA limit \2\..........          n/a          n/a          n/a        2,664          533        4,099          820
Yellowfin sole......................  BSAI...................      100,192      435,788        0.230      115,600       26,588      127,500       29,325
Rock sole...........................  BSAI...................        6,317      169,362        0.037       46,750        1,730       63,750        2,359
Greenland turbot....................  BS.....................          121       17,305        0.007        1,428           10        1,462           10
                                      AI.....................           23        4,987        0.005          646            3          655            3
Arrowtooth flounder.................  BSAI...................           76       33,987        0.002       17,000           34       25,500           51
Flathead sole.......................  BSAI...................        1,925       52,755        0.036       25,500          918       38,250        1,377
Alaska plaice.......................  BSAI...................           14        9,438        0.001       21,250           21       51,000           51
Other flatfish......................  BSAI...................        3,058       52,298        0.058        8,500          493       18,190        1,055
Pacific ocean perch.................  BS.....................           12        4,879        0.002        1,836            4        3,468            7
                                      Eastern AI.............          125        6,179        0.020        4,598           92        4,376           88
                                      Central AI.............            3        5,698        0.001        4,672            5        4,465            4
                                      Western AI.............           54       13,598        0.004        7,141           29        6,805           27
Northern rockfish...................  BSAI...................           91       13,040        0.007        7,576           53        7,539           53
Shortraker rockfish.................  BSAI...................           50        2,811        0.018          392            7          392            7
Rougheye rockfish...................  BSAI...................           50        2,811        0.018          187            3          187            3
Other rockfish......................  BS.....................           18          621        0.029          383           11          383           11
                                      AI.....................           22          806        0.027          497           13          497           13
Squid...............................  BSAI...................           73        3,328        0.022        1,675           37        1,675           37
Other species.......................  BSAI...................          553       68,672        0.008       31,752          254       49,313          395
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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
  2007 and 2008, 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 11 that are caught by listed AFA 
catcher/processors participating in any groundfish fishery other than 
pollock will accrue against the 2007 and 2008 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 2007 or 2008 PSC sideboard limit 
listed in Table 11 is reached.
    Crab or halibut PSC 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 11.--2007 and 2008 BSAI American Fisheries Act Listed Catcher/Processor Prohibited Species Sideboard
                                                   Limits \1\
----------------------------------------------------------------------------------------------------------------
                                                               1995-1997
                                                ---------------------------------------   2007 and     2007 and
                                                                             Ratio of     2008 PSC     2008 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    4,023,750      615,634
C. bairdi......................................          n/a          n/a          n/a          n/a          n/a

[[Page 9464]]

 
Zone 1 \2\.....................................      385,978    2,750,000        0.140      906,500      126,910
Zone 2 \2\.....................................      406,860    8,100,000        0.050    2,747,250     137,363
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Refer to Sec.   679.2 for definitions of areas.

AFA Catcher Vessel Sideboard Limits

    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 12 
and 13 list the 2007 and 2008 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 12.

              Table 12.--2007 and 2008 BSAI American Fisheries Act Catcher Vessel Sideboard Limits
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                   Ratio of
                                                  1995-1997                    2007                      2008
                               Fishery by area/     AFA CV        2007       Catcher        2008       Catcher
           Species             season/processor/   catch to   initial TAC     vessel    initial TAC     vessel
                                     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        3,158            0        2,269            0
                               Hook-and-line CV          n/a          n/a          n/a          n/a          n/a
                               Jan 1-Jun 10....       0.0006          144            0          103            0
                               Jun 10-Dec 31...       0.0006           96            0           69            0
                               Pot gear CV.....          n/a          n/a          n/a          n/a          n/a
                               Jan 1-Jun 10....       0.0006        7,203            4        5,163            3
                               Sept 1-Dec 31...       0.0006        4,803            3        3,443            2
                               CV < 60 feet LOA       0.0006        1,121            1          803            0
                                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       25,977       22,364       18,666       16,070
                               Apr 1-Jun 10....       0.8609        3,711        3,195        2,667        2,296
                               Jun 10-Nov 1....       0.8609        7,422        6,390        5,333        4,591
Sablefish....................  BS trawl gear...       0.0906        1,266          115        1,263          114
                               AI trawl gear...       0.0645          597           39          596           38
Atka mackerel................  Eastern AI/BS...          n/a          n/a          n/a          n/a          n/a
                               Jig gear........       0.0031          220            1          157            0
                               Other gear......          n/a          n/a          n/a          n/a          n/a
                               Jan 1-Apr 15....       0.0032       10,897           35        7,780           25
                               Sept 1-Nov 1....       0.0032       10,897           35        7,780           25
                               Central AI......          n/a          n/a          n/a          n/a          n/a
                               Jan-Apr 15......       0.0001       13,690            1        9,823            1
                               HLA limit.......       0.0001        8,214            1        5,894            1
                               Sept 1-Nov 1....       0.0001       13,690            1        9,823            1
                               HLA limit.......       0.0001        8,214            1        5,894            1
                               Western AI......          n/a          n/a          n/a          n/a          n/a
                               Jan-Apr 15......       0.0000        4,440            0        6,831            0
                               HLA limit.......          n/a        2,664            0        4,099            0
                               Sept 1-Nov 1....       0.0000        4,440            0        6,831            0
                               HLA limit.......          n/a        2,664            0        4,099            0
Yellowfin sole...............  BSAI............       0.0647      115,600        7,479      127,500        8,249
Rock sole....................  BSAI............       0.0341       46,750        1,594       63,750        2,174
Greenland Turbot.............  BS..............       0.0645        1,428           92        1,462           94
                               AI..............       0.0205          646           13          655           13
Arrowtooth flounder..........  BSAI............       0.0690       17,000        1,173       25,500        1,760
Alaska plaice................  BSAI............       0.0441       21,250          937       51,000        2,249
Other flatfish...............  BSAI............       0.0441        8,500          375       18,190          802
Pacific ocean perch..........  BS..............       0.1000        1,836          184        3,468          347
                               Eastern AI......       0.0077        4,598           35        4,376           34

[[Page 9465]]

 
                               Central AI......       0.0025        4,672           12        4,465           11
                               Western AI......       0.0000        7,141            0        6,805            0
Northern rockfish............  BSAI............       0.0084        7,576           64        7,539           63
Shortraker rockfish..........  BSAI............       0.0037          392            1          392            1
Rougheye rockfish............  BSAI............       0.0037          187            1          187            1
Other rockfish...............  BS..............       0.0048          383            2          383            2
                               AI..............       0.0095          497            5          497            5
Squid........................  BSAI............       0.3827        1,675          641        1,675          641
Other species................  BSAI............       0.0541       31,752        1,718       49,313        2,668
Flathead Sole................  BS trawl gear...       0.0505       25,500        1,288       38,250        1,932
----------------------------------------------------------------------------------------------------------------

    Halibut and crab PSC listed in Table 13 that are caught by AFA 
catcher vessels participating in any groundfish fishery for groundfish 
other than pollock will accrue against the 2007 and 2008 PSC sideboard 
limits for the AFA catcher vessels. Sections 679.21(d)(8) and (e)(3)(v) 
provide authority to close directed fishing for groundfish other than 
pollock for AFA catcher vessels once a 2007 or 2008 PSC sideboard limit 
listed in Table 13 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 13.--2007 and 2008 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits for the
                                                    BSAI \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                             Ratio of
                                                                            1995-1997                  2007 and
                                                                              AFA CV                   2008 AFA
                                                                             retained     2007 and     catcher
                PSC species                  Target fishery category \2\     catch to     2008 PSC    vessel PSC
                                                                              total        limit      sideboard
                                                                             retained                   limit
                                                                              catch
----------------------------------------------------------------------------------------------------------------
Halibut...................................  Pacific cod trawl............       0.6183        1,334          825
                                            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          312           36
                                            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          498          141
                                            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 Zone 1 \3\ \4\..............  Pacific cod..................       0.6183       26,563       16,424
                                            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 COBLZ \3\.......................  Pacific cod..................       0.6183      120,712       74,636
                                            Yellowfin sole...............       0.1144    3,098,288      354,444
                                            Rock sole/flathead sole/other       0.2841      643,800      182,904
                                             flatfish \5\.
                                            Pollock/Atka mackerel/other         0.0227      120,712        2,740
                                             species.
                                            Rockfish.....................       0.0245       40,237          986
                                            Turbot/Arrowtooth/Sablefish..       0.2327       40,238        9,363
C. bairdi Zone 1 \3\......................  Pacific cod..................       0.6183      183,112      113,218
                                            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 Zone 2 \3\......................  Pacific cod..................       0.6183      324,176      200,438
                                            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.

[[Page 9466]]

 
                                            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 2006, 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 
14 and 15 are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2007 fishing year. In 
accordance with Sec.  679.20(d)(1)(iv), the Regional Administrator 
establishes the sideboard limits listed in Tables 14 and 15 as DFAs. 
The Regional Administrator finds that many of these DFAs 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 14 and directed fishing by non-exempt AFA catcher vessels for the 
species in the specified areas set out in Table 15.

Table 14.--2007 and 2008 American Fisheries Act Listed Catcher/Processor Sideboard Directed Fishing Closures \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                            2007         2008
               Species                          Area                  Gear types         Sideboard    Sideboard
                                                                                           limit        limit
----------------------------------------------------------------------------------------------------------------
Sablefish trawl.....................  BS.....................  Trawl..................           20           20
                                      AI.....................  Trawl..................            0            0
Rock sole...........................  BSAI...................  all....................        1,730        2,359
Greenland turbot....................  BS.....................  all....................           10           10
                                      AI.....................  all....................            3            3
Arrowtooth flounder.................  BSAI...................  all....................           34           51
Pacific ocean perch.................  BS.....................  all....................            4            7
                                      Eastern AI.............  all....................           92           88
                                      Central AI.............  all....................            5            4
                                      Western AI.............  all....................           29           27
Northern rockfish...................  BSAI...................  all....................           53           53
Shortraker rockfish.................  BSAI...................  all....................            7            7
Rougheye rockfish...................  BSAI...................  all....................            3            3
Other rockfish......................  BS.....................  all....................           11           11
                                      AI.....................  all....................           13           13
Squid...............................  BSAI...................  all....................           37           37
``Other species''...................  BSAI...................  all....................          254          395
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.


     Table 15.--2007 and 2008 American Fisheries Act Catcher Vessel Sideboard Directed Fishing Closures \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                            2007         2008
               Species                          Area                  Gear types         Sideboard    Sideboard
                                                                                           limit        limit
----------------------------------------------------------------------------------------------------------------
Pacific cod.........................  BSAI...................  hook-and-line..........            0            0
                                      BSAI...................  pot....................            8            5
                                      BSAI...................  jig....................            0            0
Sablefish...........................  BS.....................  trawl..................          115          114
                                      AI.....................  trawl..................           39           38
Atka mackerel.......................  Eastern AI/BS..........  jig....................            1            0
                                      Eastern AI/BS..........  other..................           70           50
                                      Central AI.............  all....................            2            2
                                      Western AI.............  all....................            0            0

[[Page 9467]]

 
Greenland turbot....................  BS.....................  all....................           92           94
                                      AI.....................  all....................           13           13
Arrowtooth flounder.................  BSAI...................  all....................        1,173        1,760
Pacific ocean perch.................  BS.....................  all....................          184          347
                                      Eastern AI.............  all....................           35           34
                                      Central AI.............  all....................           12           11
                                      Western AI.............  all....................            0            0
Northern rockfish...................  BSAI...................  all....................           64           63
Shortraker rockfish.................  BSAI...................  all....................            1            1
Rougheye rockfish...................  BSAI...................  all....................            1            1
Other rockfish......................  BS.....................  all....................            2            2
                                      AI.....................  all....................            5            5
Squid...............................  BSAI...................  all....................          641          641
``Other species''...................  BSAI...................  all....................        1,718        2,668
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.

Response to Comments

    NMFS received 4 letters of comment (19 comments) in response to 
proposed the 2007 and 2008 harvest specifications. These comments are 
summarized and responded to below.
    Comment 1: All quotas should be cut in half this year and cut by 10 
percent each year thereafter until we stop starving the marine life 
that depends on eating this fish too.
    Response: The decisions on the amount of harvest are based on the 
best available science and socioeconomic considerations. NMFS finds 
that the ABCs and TACs are consistent with the biological condition of 
the groundfish stocks as described in the 2006 SAFE report and approved 
by the Council.
    Comment 2: The Council, SSC and Advisory Panel recommended that the 
Alaska Fisheries Science Center convene a Pacific cod model workshop to 
consider recommendations from an industry sponsored review for changes 
to the stock assessment model. We are advised that preparations are 
underway for such a workshop to be held during the second quarter of 
2007. We appreciate this effort and look forward to the results and to 
the next TAC-setting process.
    Response: NMFS supports an Alaska Fisheries Science Center workshop 
in 2007 to evaluate the Pacific cod model.
    Comment 3: NMFS should define ``directed fishery'' for purposes of 
CDQ allocations as the target species list in the Council's December 
2005 final action on management of CDQ reserves.
    Response: This comment was submitted by the Western Alaska 
Community Development Association, which is the CDQ Program 
administrative panel (``CDQ Panel'') created under the MSA. The CDQ 
Panel proposed an alternative interpretation of the term ``directed 
fishery'' in section 305(i)(1) of the MSA. The interpretation of this 
term determines which species or species groups are allocated to the 
CDQ Program in the annual harvest specifications.
    As described in the 2007 and 2008 proposed harvest specifications 
for the BSAI, section 305(i)(1) of the MSA was amended on July 11, 
2006, by the Coast Guard and Maritime Transportation Act of 2006. 
Section 305(i)(1)(B)(i) of the MSA now requires that ``the annual 
percentage of the total allowable catch, guideline harvest level, or 
other annual catch limit allocated to the program in each directed 
fishery of the Bering Sea and Aleutian Islands shall be the percentage 
approved by the Secretary, or established by Federal law, as of March 
1, 2006, for the program.''
    Prior to this amendment, the MSA stated that ``a percentage of the 
total allowable catch of any Bering Sea fishery is allocated to the 
program.'' Since 1998, NMFS has allocated to the CDQ Program a 
percentage of each groundfish TAC category, except squid.
    Section 305(i)(1) was amended again on January 12, 2007, by the 
Magnuson-Stevens Fishery Conservation and Management Reauthorization 
Act of 2006 (Public Law 109-479). This legislation amended section 
305(i)(1)(B)(ii)(I) of the MSA. This section now requires that ``the 
allocation under the program for each directed fishery of the Bering 
Sea and Aleutian Islands (other than a fishery for halibut, sablefish, 
pollock, and crab) shall be a total allocation (directed and nontarget 
combined) of 10.7 percent effective January 1, 2008.''
    As a result of these two MSA amendments, allocations of groundfish 
species or species groups to the CDQ Program in 2007 will be made under 
section 305(i)(1)(B)(i). Starting on January 1, 2008, allocations of 
groundfish other than pollock or sablefish will be made under section 
305(i)(1)(B)(ii)(I). Allocations of pollock and sablefish in 2008 and 
thereafter will continue to be made under section 305(i)(1)(B)(i).
    The MSA requires allocation to the CDQ Program of a percentage of 
``each directed fishery of the Bering Sea and Aleutian Islands.'' 
However, Congress did not define the term ``directed fishery'' in 
section 305(i)(1) or in other provisions of the MSA. NMFS proposed that 
the term be interpreted to mean each species or species group with a 
TAC that was open for directed fishing in the BSAI in 2006. While this 
interpretation initially appeared consistent with the language of 
section 305(i)(1), it did not take into consideration whether the 
species or species group open for directed fishing was economically 
valuable or whether participants in the BSAI groundfish fishery 
actually conducted directed fishing for the species or species group 
during the open period.
    The CDQ Panel submitted a comment to NMFS that disagreed with this 
interpretation and requested that NMFS define ``directed fishery'' as 
the list of target species the Council identified for the CDQ Program 
in December 2005. The CDQ Panel suggested that the term ``directed 
fishery'' means the same thing as a target fishery and referenced the 
analysis NMFS prepared for the Council's 2005 action as support for 
this recommendation. In that analysis,

[[Page 9468]]

NMFS wrote that target species are those species of economic importance 
that are caught as the primary focus of a directed fishery.
    After consideration of the CDQ Panel's comments, and upon re-
examination of NMFS's proposed interpretation, the statutory language, 
and the legislative history, NMFS has determined that the term 
``directed fishery'' for purposes of section 305(i)(1) of the MSA means 
a fishery for which sufficient quota exists to open a directed fishery 
for that species or species group, and the species or species group is 
economically valuable enough for vessel operators to conduct directed 
fishing for that species or species group. NMFS determined that this 
interpretation of the term ``directed fishery'' for purposes of section 
305(i)(1) is a more reasonable interpretation because it is more 
consistent with Congressional intent.
    Legislative history for section 305(i)(1)(B)(i) indicates that 
Congress did not intend ``directed fishery'' to include minor species 
that are not economically valuable or to include species or species 
groups that lack sufficient quota to open them to directed fishing. 
NMFS notes that because the definition of ``directed fishery'' is based 
on legislative history for section 305(i)(1), the definition is only 
applicable for purposes of section 305(i)(1). While NMFS does not find 
adequate support for the definition of ``directed fishery'' proposed by 
the CDQ Panel, as explained in greater detail below, the application of 
NMFS's revised definition of ``directed fishery'' results in the 
allocation of the same species and species groups as was recommended by 
the CDQ Panel with only one exception for Bogoslof pollock.
    Under NMFS's definition of ``directed fishery,'' most of the 
species and species groups NMFS proposed to allocate to the CDQ Program 
in 2007 and 2008 will remain the same. NMFS proposed that Bering Sea 
pollock, AI pollock, Pacific cod, sablefish from the fixed gear 
allocation, Atka mackerel, yellowfin sole, rock sole, Bering Sea 
Greenland turbot, arrowtooth flounder, flathead sole, and AI Pacific 
ocean perch be allocated to the CDQ Program in 2007 and 2008 and has 
determined that these species continue to meet the definition of 
``directed fishery'' for purposes of section 305(i)(1) of the MSA 
because sufficient quota exists to open a directed fishery for these 
species and the species are economically valuable. The CDQ groups 
reported directed fisheries for all of these species in 2006. The 
Council and the CDQ Panel also recommended that these species be 
allocated to the CDQ Program.
    Additionally, most of the species and species groups NMFS proposed 
not to allocate to the CDQ Program in 2007 and 2008 will remain the 
same. NMFS proposed that Bering Sea Pacific ocean perch, northern 
rockfish, shortraker rockfish, rougheye rockfish, ``other rockfish,'' 
squid, and ``other species'' not be allocated to the CDQ Program in 
2007 and 2008 and has determined that these species and species groups 
still do not meet the definition of ``directed fishery'' for purposes 
of section 305(i)(1). Sufficient quota does not exist to open directed 
fisheries for any of these species or species groups, except squid. 
Although sufficient quota exists to open squid to directed fishing, it 
is not economically valuable enough for the CDQ groups to target. The 
CDQ groups did not report directed fishing for squid in 2006, although 
they could have done so. The Council and the CDQ Panel also recommended 
that these species and species groups not be allocated to the CDQ 
Program.
    Under NMFS's proposed definition of ``directed fishery,'' AI 
Greenland turbot, ``other flatfish,'' and Alaska plaice would have been 
allocated to the CDQ Program in 2007 and 2008 because directed fishing 
was open for these species in the BSAI in 2006. However, AI Greenland 
turbot, ``other flatfish,'' and Alaska plaice are not directed 
fisheries of the BSAI for purposes of section 305(i)(1) of the MSA 
under the revised definition of ``directed fishery.'' Although 
sufficient quota exists to open these quota categories to directed 
fishing, these species are not economically valuable enough for the CDQ 
groups to target them. The CDQ groups could have conducted directed 
fisheries for all of these species in 2006, but they did not report 
doing so. It is reasonable to assume that the CDQ groups did not 
conduct directed fisheries for these species because they are not 
economically valuable enough to justify doing so. Therefore, these 
species do not meet the second part of the definition of ``directed 
fishery'' for purposes of section 305(i)(1) and are not allocated to 
the CDQ Program for 2007 and 2008. Both the Council and the CDQ Panel 
recommended that these species and species groups not be allocated to 
the CDQ Program. If, at some point in the future, these species become 
economically valuable and sufficient quota exists to support directed 
fisheries, these species would be allocated to the CDQ Program.
    Under NMFS's proposed definition of ``directed fishery,'' 
allocations of Bogoslof pollock and the trawl allocations of sablefish 
in the Bering Sea subarea and the AI subarea would not have been made 
to the CDQ Program in 2007 and 2008 because directed fishing was not 
allowed for these quota categories in 2006. Both the Council and the 
CDQ Panel recommended that these species be allocated to the CDQ 
Program.
    Section 679.20(a)(5)(ii) allows the allocation of a portion of the 
Bogoslof pollock TAC to the CDQ Program if directed fishing for pollock 
is allowed by regulation in this district. However, directed fishing 
for pollock currently is not allowed in the Bogoslof District. The 
pollock TAC is set at a low level and all of it is allocated as an ICA 
for both the CDQ and non-CDQ sectors. NMFS has determined that Bogoslof 
pollock does not meet the first part of the definition of a ``directed 
fishery'' for purposes of section 305(i)(1) of the MSA because 
insufficient TAC exists to support a directed fishery. Therefore, NMFS 
will not allocate Bogoslof pollock to the CDQ Program for 2007 and 
2008. In the future, if sufficient TAC exists to allow directed fishing 
for pollock in the Bogoslof District, current regulations would provide 
for a DFA of 10 percent of this TAC to the CDQ Program.
    The sablefish TACs in the Bering Sea subarea and the AI subarea are 
first allocated between hook-and-line or pot gear (fixed gear) and 
trawl gear. After those gear allocations are made, 20 percent of the 
fixed gear allocation and 7.5 percent of the trawl allocation is 
allocated to the CDQ Program as two separate sablefish CDQ reserves in 
each subarea. Under current regulations, only catch of sablefish with 
fixed gear may accrue against the fixed gear sablefish CDQ reserve. 
However, any gear type may be used to harvest sablefish that accrues 
against the sablefish CDQ reserve that originated from the trawl 
allocation of sablefish. In addition, although directed fishing for 
sablefish using trawl gear is prohibited for the non-CDQ sectors, this 
prohibition was not applied to the CDQ fisheries. Instead, the CDQ 
groups are prohibited from exceeding either of their sablefish 
allocations and they must decide how to allocate sablefish among gear 
types and directed fisheries to stay within their allocations. The 
indirect result of these allocations is that NMFS has allowed directed 
fishing for sablefish on the sablefish CDQ reserve that originates from 
the trawl allocation of sablefish. Therefore, NMFS has determined that 
both trawl allocations of sablefish to the CDQ Program meet the 
definition of a ``directed fishery'' for purposes of section 305(i)(1) 
of the MSA. Sufficient quota exists to allow directed fishing for 
sablefish and sablefish is an economically valuable species that for

[[Page 9469]]

which directed fisheries are conducted in both the CDQ and non-CDQ 
sectors. Based on this finding, NMFS will continue to allocate 7.5 
percent of the trawl allocation of sablefish to the CDQ Program.
    Comment 4: The proposed harvest specifications and accompanying 
Alaska Groundfish Harvest Specifications Environmental Impact Statement 
(EIS) do not represent a substantial implementation of the Alaska 
Groundfish Fisheries Final Programmatic Supplemental Environmental 
Impact Statement (PSEIS) policy statement, but rather a transparent 
attempt to indemnify the agency against the inadequacies of the status 
quo harvest strategy. The proposed harvest specifications lack the 
perspective of the ecosystem-based policy framework outlined in the 
PSEIS because there are no explicit procedures in the TAC-setting 
process to address the impacts of single-species fishing strategies on 
dependent and related species and their habitats in an ecosystem 
context. Therefore, the policy framework outlined in the PSEIS has not 
been implemented in the regulations governing the operation of the 
groundfish fisheries. Under the proposed harvest specifications, 
ecosystem concerns would remain at best ancillary to the process of 
allocating fish and maximizing short-term economic benefits.
    Response: The preferred harvest strategy alternative described in 
the EIS is derived from the policy adopted as the preferred alternative 
in the PSEIS (see ADDRESSES) and is one of the actions necessary to 
implement that policy statement. Ecosystem concerns are integral to the 
EIS analysis. The purpose of the EIS is to describe the potential 
environmental impacts of the alternative harvest strategies, including 
an analysis of the potential impacts of these alternatives on ecosystem 
components and the ecosystem as a whole.
    In addition to the EIS analysis, all available scientific 
information on the ecosystem is analyzed and presented to decision-
makers and the public on an annual basis during the harvest 
specifications process. The annual SAFE reports, which provide the 
scientific information to support the harvest specifications for each 
species, include ecosystem considerations sections that describe the 
role of each target species in the ecosystem. The SAFE report also 
contains a separate ``Ecosystems Considerations'' chapter.
    Groundfish fisheries management, including the harvest 
specification process, takes account of ecosystem requirements related 
to predation, competition, and habitat to provide protection for 
ecosystem components. Under the harvest strategy, the determination of 
annual harvest specifications incorporates ecosystem considerations, in 
the face of uncertainty in the quantitative links between species. The 
most significant ecosystem considerations are (1) The upper end of the 
OY range in the BSAI, which imposes a constraint on total biomass 
removal, and (2) OFLs that prevent overfishing of each stock. A 
species' OFL is a harvest limit rather than a target and ABCs are set 
below OFLs. The tier system sets maximum ABCs and managers can set 
actual ABCs lower for ecosystem considerations. TACs never exceed ABCs 
and are frequently set at lower levels. TACs can also be adjusted 
downward for ecosystem considerations. Additionally, managers have 
established harvest control rules for pollock, Pacific cod, and Atka 
mackerel that prohibit directed fishing at low biomass levels, to 
account for Steller sea lion prey needs. TACs and actual catches are 
often lower than ABCs to protect other species, especially halibut, 
that may be taken as bycatch. Managers frequently restrict directed 
fishing for many species before TACs are reached to comply with PSC 
limits. Inseason management closes directed fisheries when TACs are 
reached, and restricts fishing in other fisheries taking the species as 
bycatch when OFLs are approached.
    As noted below in the response to Comment 5, the groundfish 
management framework includes many measures, in addition to the harvest 
strategy, to mitigate the ecosystem impacts of the groundfish 
fisheries.
    Comment 5: Existing management measures may be construed as 
consistent with an ecosystem-based approach, but they do not address 
major ecosystem impacts of the fisheries as promulgated in the annual 
catch specifications.
    Response: Existing management measures address major ecosystem 
impacts of the fisheries, and the Council and NMFS are engaged in an 
ongoing effort to improve the ways this is done.
    The existing regulatory framework imposes many constraints on 
fishing activity, including time, area, and gear restrictions, in order 
to mitigate or control ecosystem impacts created by fishing activity. 
Regulations impose maximum retainable amounts on the volume of bycatch 
a vessel may deliver or have onboard. Prohibited species catch (PSC) 
regulations impose limits on harvests of crab, salmon, herring, and 
halibut, and restrict fishing activity once those limits are reached. 
Important restrictions have been imposed on key fisheries to limit 
competition for Steller sea lion prey and to protect Steller sea lion 
critical habitat. The Pribilof Islands Habitat Conservation Area 
protects ecosystem components in the vicinity of those islands. The 
Council and NMFS have adopted numerous measures to limit bycatch and 
control the discards of low value fish by-products. Seabirds attracted 
to longlines are protected by mandatory gear requirements, such as 
streamers, meant to reduce incidental takes. Essential fish habitat 
(EFH) and Habitat Areas of Particular Concern (HAPC) in the AI subarea 
are protected by an extensive system of closed areas (see response to 
Comment 15).
    NMFS and the Council are continuing to develop ecosystem management 
measures for the groundfish fisheries. The Council has created a 
committee to inform them of ecosystem developments and to assist in 
formulating positions with respect to ecosystem-based management. The 
Council has initiated work on a fisheries ecosystem plan for the AI 
subarea. The Council and the State have created a staff-level 
interagency AI Ecosystem Team to support this effort. It has taken the 
lead in the establishment of the interagency Alaska Marine Ecosystem 
Forum to improve inter-agency coordination and communication on marine 
ecosystem issues. The SSC has begun to hold annual ecosystem scientific 
meetings at the February Council meetings. In addition to exploring how 
to develop ecosystem management efforts, the Council and NMFS continue 
to take account of ecosystem impacts of fishing activity as available 
information allows. For example, the Council has initiated an analysis 
of potential Bering Sea subarea habitat conservation measures, an 
analysis to address the potential impacts of shifts in fishing activity 
to the north including into the Beaufort Sea, and is currently 
consulting under the Endangered Species Act (ESA) for Steller sea 
lions, sperm and humpback whales. Ecosystem protection is supported by 
an extensive research program by the Alaska Fisheries Science Center 
(AFSC) into ecosystem components and integrated ecosystem functioning. 
Exempted fishing permits (EFPs) are issued to investigate new 
management approaches for the control of salmon bycatch in the BSAI, 
and research into salmon and halibut excluder devices.
    Additionally, the EIS considers other actions taken to manage the 
fisheries, including reasonable future fisheries management actions, as 
these are

[[Page 9470]]

relevant to the environmental consequences of the harvest strategy 
alternatives. The Council and NMFS have processes consistent with 
National Environmental Policy Act (NEPA) to evaluate each action to 
regulate other aspects of the fisheries. The overall fishery management 
policy within which the harvest strategies fall has been evaluated in 
the PSEIS. Moreover, NMFS and the Council evaluated each management 
measure at the time it was adopted in the relevant NEPA document. 
Considering different management measures in separate actions allows 
for more careful analysis of alternatives and the implications of each, 
and is often less confusing to the public. The Council and NMFS are 
actively evaluating a wide range of new management measures through 
these processes and will continue to do so.
    Comment 6: Levels of exploitation on single stocks are set with no 
explicit consideration of the impacts of dependent, competing species 
in the food web or other impacts on associated species that flow from 
the exploitation of a relative few commercially desirable species. The 
single species F40[percnt] policy ignores effects on the 
ecosystem and simply assumes that individual target species can be 
fished to the maximum sustainable yield (MSY) without significant 
consequences to other species in the food web.
    Response: The harvest strategy incorporates a key principle of 
ecosystem-based fisheries management by preserving individual stocks 
and preventing overfishing of those stocks. This is important for 
protecting ecosystem components that depend on these individual stocks. 
The effects of the groundfish fisheries and fishing rates are analyzed 
in the EIS and the annual SAFE reports.
    The tier system in the FMP and the harvest specifications process 
lead to TACs associated with fishing rates that are less than 
FMSY. FOFL is never greater than FMSY, 
or an appropriate FMSY proxy. Average multi-year fishery 
harvest rates fall below FMSY because the tier system treats 
FOFL as a limit rather than a target. The fishing rates 
associated with maximum permissible ABC, actual ABC, and the TAC, all 
fall below the FOFL, providing a margin between the actual F 
and the FMSY. Moreover, as discussed in response to Comment 
5, other management measures often constrain actual catches and fishing 
rates below the TACs or the fishing rates associated with the TACs.
    With current levels of information, we cannot precisely specify the 
margin or threshold between FOFL and actual harvest rate 
that provides the appropriate level of protection for various ecosystem 
properties. The AFSC continues to develop and improve scientific 
information in the Ecosystems Considerations section of the SAFE 
report. New information added in 2006 included the relationship with 
Bering Sea subarea pelagic forage species, the relationship between 
predation/production and fishing/production, a metric proposed to 
evaluate the management implications of potential exploitation of 
forage species, and a metric proposed to evaluate the ``footprint'' of 
individual fisheries.
    The AFSC also continues to develop and improve several multispecies 
and ecosystem models to predict the possible effects of fishing and/or 
climate on ecosystem processes. Ecosystem modeling is extremely 
complex, and the incorporation of ecosystem considerations into the 
harvest specifications process is an evolving process. The AFSC is 
advancing this process through the development of multispecies fish 
stock assessment models that include predation, ecosystem mass-balance 
and simulation models, and single-species stock assessment models that 
include predation. The AFSC briefed the Groundfish Plan Teams on the 
results of these analyses to help them in their deliberations in the 
harvest specifications process.
    Comment 7: Selective removals of species and large differences in 
catch rates for managed stocks may be responsible for significant and 
lasting changes in the structure of groundfish assemblages and food 
webs in the North Pacific, as seen in other ecosystems. Selective 
extraction of a relatively few high-value species may provide a 
competitive opportunity for ``under-utilized'' species such as 
arrowtooth flounder, which appear to have increased dramatically since 
the 1970s. NMFS consistently attributes regional stock declines and 
broader system changes to the weather (``regime shifts''), a 
transparent stratagem that serves to justify the status quo and absolve 
the agency of responsibility for fishery-related systemic changes.
    Response: NMFS analyzes and considers the interactions among fish 
species in its evaluations of the impacts of groundfish fishing. The 
nature of competitive interactions among species is an area of ongoing 
research by the AFSC. These issues are discussed in the ecosystem 
sections of individual species SAFE reports and by the Plan Teams as 
they formulate their ABC recommendations.
    Species interactions are complex and imperfectly understood in the 
North Pacific. The AFSC is collaborating to develop a detailed, age-
structured, multispecies statistical model to study this complex 
interaction of pollock and arrowtooth flounder. This ``cultivation/
depensation'' model is expected to be completed in the near future. In 
December 2006, the BSAI Groundfish Plan Team leader briefed the Council 
and its SSC and AP on the complex interactions between pollock and 
arrowtooth flounder and on the potential application of this model 
whereby a species such as pollock ``cultivates'' its young by preying 
on species that would eat its young.
    Regime shifts remain an important consideration. Regime shifts are 
well documented; these changes in climate are believed to have affected 
relative abundance of species in the past, and are expected to do so in 
the future.
    Comment 8: NMFS fails to analyze the cumulative and synergistic 
effects of selective exploitation, benthic habitat modification, and 
serial depletion of targeted stocks in the North Pacific. The 
``Ecosystem Considerations'' chapter in the annual SAFE reports does 
not consider the effects of large-scale fisheries off Alaska on long-
term restructuring of food web dynamics and on composition of species 
assemblages. An evaluation of this phenomenon, and consideration of 
alternatives to address it, is also missing from the EIS and the 
harvest specification process. Additionally, the proposed harvest 
specifications do not mitigate the effects of selective exploitation 
and disproportionate exploitation rates.
    Response: NMFS takes a conservative approach to management in 
response to uncertainties. Conservative elements in the harvest 
strategies and groundfish fisheries management are listed in the 
responses to Comments 4, 5, 15, and 16. The EIS analyzed alternative 
harvest strategies that met the scope of this action, as determined by 
the statement of purpose and need.
    The EIS analyzes the effects of the alternative harvest strategies 
on target stocks and habitat in a comprehensive way that looks at both 
the individual species impacts and the overall ecosystem function 
impacts. NMFS agrees that uncertainty exists in assessing the ecosystem 
effects of alternative harvest strategies. One of the functions of an 
EIS is to identify these uncertainties. The EIS and the Ecosystem 
Considerations chapter of the SAFE reports examine trends in the 
trophic level of catch and species diversity. As noted in the response 
to Comment 10, competitive interactions between fisheries are an active 
area of AFSC research, and are discussed, as

[[Page 9471]]

appropriate, in the ecosystem discussions in the species-specific 
sections of the SAFE reports.
    Comment 9: Neither the EIS nor its alternatives address the issues 
of setting exploitation levels on single stocks with no explicit 
consideration of the impacts of dependent, competing species in the 
food web or other impacts on associated species that flow from the 
exploitation of a relative few commercially desirable species.
    Response: The EIS directly examines the impacts of the alternative 
harvest strategies on non-target species, including food web 
interactions. The EIS examines the impacts of groundfish fishing on 
forage fish availability in Chapter 6, and the trophic level of catches 
in Chapter 11. The EIS includes detailed analyses of the impacts on 
prey and habitat for key species and species groupings of marine 
mammals and seabirds in Chapters 8 and 9.
    Comment 10: The uncertainties of ecosystem mechanics underscore the 
need for a much more precautionary approach to fisheries management in 
the context of food web and habitat conservation, and illustrate why 
the agency's determinations of non-significance for fishery impacts on 
prey availability and spatial/temporal concentration of fisheries are 
arbitrary and capricious. NMFS cannot demonstrate that the current and 
proposed levels of fishing permitted in protected species' habitats are 
``safe'' or ``insignificant.'' Rather, NMFS assumes that the impact is 
insignificant in the absence of conclusive evidence to the contrary. 
The burden of proof is on the environment to show harm. This is 
opposite of precautionary and the opposite of an ecosystem-based 
approach.
    Response: NMFS did not make a determination of non-significance in 
the EIS. The EIS fully discloses known impacts, areas of uncertainty, 
and presents the information in comparative form to aid in decision-
making. NMFS agrees that uncertainty exists in assessing the ecosystem 
effects of alternative harvest strategies. Identifying these 
uncertainties is one of the functions of an EIS. The EIS identifies 
potential adverse impacts of the alternatives on the ecosystem and the 
uncertainty of those impacts. NMFS is actively taking steps to reduce 
uncertainty and better understand the environment through ongoing 
scientific research. Many elements built into the harvest 
specifications process, and into the groundfish fisheries management 
regime, described in the responses to Comments 4, 5, 15, and 16, 
contribute to conservative management.
    Comment 11: Major habitat impacts of fishing on the EFH of FMP-
managed species and foraging habitats of ESA and Marine Mammal 
Protection Act (MMPA)-protected species are not addressed in the EIS or 
mitigated in the proposed harvest specifications.
    Response: NMFS has examined in the EIS the impacts of fishing on 
EFH of FMP-managed species, and on the foraging habitats of ESA- and 
MMPA-protected species. Chapter 8 examines the impacts of alternative 
groundfish harvest strategies on ESA- and MMPA-listed marine mammals. 
Chapter 9 provides a similar examination for ESA-listed seabirds. 
Chapter 10 examines the impacts of the harvest strategies on EFH and 
incorporates by reference the analysis in the Essential Fish Habitat 
Environmental Impact Statement (EFH EIS, see ADDRESSES) that examines 
the impact of fishing on benthic habitat.
    Habitat impacts of fishing on the EFH of FMP-managed species and 
foraging habitats of ESA- and MMPA-protected species are mitigated by 
the extensive habitat protection measures enacted in the BSAI. These 
are described in the response to Comment 15.
    Comment 12: The EIS fails to evaluate the impacts of pelagic trawl 
gear on habitat and the impact of the spatial concentration of pollock 
and Pacific cod catches on stock size, in a meaningful fashion, and 
fails to consider an alternative to address these impacts. There is 
little scientific evidence that fishing on spawning stocks of Alaskan 
groundfish has had adverse impacts on recruitment success. The status 
quo practice of targeting groundfish on spawning grounds, when the fish 
are most vulnerable to fishing gear, is a habitat impact of particular 
significance that must be addressed. The dismal abundance trends of 
several regional pollock stocks and large uncertainties in stock 
structure among many groundfish populations cry out for explicit 
protection of spawning grounds.
    Response: The impacts of pelagic trawling on habitat are evaluated 
in the EFH EIS. Chapter 10 of the EIS provides an EFH Assessment that 
incorporates by reference the EFH EIS analysis of the impacts of the 
groundfish fisheries on EFH. Fisheries management measures, other than 
harvest strategies, are outside the scope of the action analyzed in the 
EIS. Pollock and Pacific cod catches are apportioned seasonally under 
existing measures adopted to protect Steller sea lions. Further 
seasonal apportionments of catch would require regulatory changes that 
were outside the scope of this action, as defined by the purpose and 
need.
    Comment 13: The MSA's EFH provisions should require the adoption of 
marine reserves to protect vulnerable reproductive habitats that are 
targeted by the fisheries.
    Response: This is not a comment on the content of the groundfish 
harvest specifications or on the accompanying EIS, and deals with 
issues that are beyond the scope of both.
    Comment 14: The proposed harvest specifications and accompanying 
EIS fail to address major groundfish fishery impacts on king crab EFH 
in the most heavily trawled area of the Bering Sea, the Unimak-Port 
Moller area.
    Response: These impacts were fully analyzed in the EFH EIS. The 
analysis in the EFH EIS has been incorporated into the EIS by reference 
to eliminate repetitive discussion in Chapter 10.
    Comment 15: NMFS' assertions that the status quo EFH measures 
provide adequate protection or that the spatial/temporal concentration 
of the fisheries has insignificant impacts on EFH are not supported by 
evidence. The EIS fails to evaluate this information and consider 
alternatives that would address these impacts on fish habitat, and the 
proposed harvest specifications provide no adequate mitigation measures 
to address these impacts. NMFS cannot demonstrate that the current and 
proposed levels of fishing permitted in managed species' habitats are 
insignificant or compliant with the spirit and letter of the MSA's EFH 
provisions. Rather, NMFS assumes that the impact is insignificant in 
the absence of conclusive evidence to the contrary. The burden of proof 
is on the environment and the managed species to show harm. This is 
opposite of a precautionary approach to EFH conservation.
    Response: In this EIS NMFS fully discloses known impacts, 
identifies uncertainties, and presents information in comparative form 
to aid in decision-making. Detailed information of the effects of 
fishing on EFH contained in the 2005 EFH EIS was incorporated by 
reference in this EIS. As discussed in Chapter 2 of the EIS, fisheries 
management measures, other than harvest strategies, are outside the 
scope of this action, as defined by the statement of purpose and need.
    The discussion of habitat impacts in the EIS incorporated by 
reference the science and analysis in the EFH EIS. The analyses in 
Section 4.3 and Appendix B of the EFH EIS indicated that groundfish 
fishing has long-term effects on benthic habitat features off Alaska 
and acknowledged that considerable scientific uncertainty remains 
regarding the consequences of

[[Page 9472]]

such habitat changes for the sustained productivity of managed species. 
Nevertheless, the EFH EIS concluded that the effects on EFH are minimal 
because the analysis found no indication that continued fishing 
activities at the current rate and intensity would alter the capacity 
of EFH to support healthy populations of managed species over the long 
term. Therefore, the EFH EIS determined that new protection measures 
for the fisheries to reduce the adverse effects on EFH were not 
required. Nevertheless, the Council recommended a suite of new 
conservative measures to reduce potential adverse effects to EFH and 
HAPCs from fishing activities. These actions continue the Council's 
policy of implementing conservative conservation measures for the 
Alaska fisheries, as described in the management policies and 
objectives added to the groundfish FMPs from the PSEIS policy 
statement. NMFS implemented the Council's recommendations in 2006 (71 
FR 36694; June 28, 2006).
    The Council and NMFS have taken a conservative approach to habitat 
protection by enacting substantial restrictions on fishing that 
minimize potential adverse effects on EFH. In the Bering Sea subarea, 
bottom trawl closures encompass about 30,000 square nautical miles to 
reduce bycatch and protect seafloor habitats. Measures to protect 
Steller sea lions have fully or partially closed about 58,000 square 
nautical miles to fishing in the AI subarea and GOA. More recently, the 
Council and NMFS adopted a suite of new measures to reduce the effects 
of fishing on EFH in the AI subarea and GOA, protecting nearly 300,000 
square nautical miles of habitat. The largest of these areas, the 
Aleutian Islands Habitat Conservation Area, prohibits bottom trawling 
over 279,000 square nautical miles to protect corals and other 
sensitive habitat features. The Bowers Ridge Habitat Conservation Zone 
north of Adak is closed to all mobile bottom-contact gear. The Aleutian 
Islands Coral Habitat Protection Areas are closed to all bottom-contact 
fishing gear and anchoring, protecting six especially sensitive ``coral 
gardens.'' The Council is presently undertaking an analysis of 
additional habitat conservation measures for the Bering Sea subarea, 
which considers both area closures and gear restrictions to further 
limit the potential adverse effects of fishing on EFH.
    The Council and NMFS have taken many other measures to protect 
habitat. These include the trawl standards for pelagic trawl gear in 
the BSAI to reduce bottom contact, and a wide range of protection 
measures, including the nearshore Bristol Bay trawl closure area, the 
Red King crab savings area, the Statistical area 516 seasonal closure, 
and the Pribilof Islands Habitat Conservation area. These actions 
reflect a conservative management strategy.
    Comment 16: The lack of spatial-temporal management of groundfish 
stocks has potentially profound adverse consequences for ESA-listed 
Steller sea lions and MMPA-listed northern fur seals. The apportionment 
of ABCs according to broad management subareas does not address the 
impacts of fishing at local scales relevant to foraging sea lions, fur 
seals, and other species. NMFS fails to address localized effects 
adequately in any alternative considered in the EIS or the proposed 
harvest specifications. NMFS cannot demonstrate that the current and 
proposed levels of fishing permitted in protected marine mammal 
species' habitats are insignificant. Existing uncertainties underscore 
the need for a highly precautionary approach to habitat conservation, 
and illustrate why the agency's claims that spatial/temporal 
concentration of the fisheries under the status quo have insignificant 
impacts on marine mammal foraging habitats and prey are not supported 
by evidence. As in other instances, the burden of proof is on the 
environment to show harm. This is opposite of a precautionary approach.
    Response: NMFS did not make a determinations of non-significance in 
the EIS. The EIS fully discloses known impacts, areas of uncertainty, 
and presents the information in comparative form to aid in decision-
making. The EIS describes localized impacts of fishing activity on 
marine mammals. Chapter 8 in the EIS evaluates the impacts of this 
action on marine mammals, with particular attention to impacts on 
Steller sea lions and northern fur seals. The chapter describes what is 
known about the spatial and temporal overlap between groundfish fishing 
activity and marine mammal foraging habitat. The EIS summarizes the 
available information on the impacts of fishing activity on marine 
mammals and their habitat. While information on the spatial and 
temporal impact of groundfish fishing on other species is relatively 
limited, the EIS provides a review of the information available and 
indicates where information is lacking.
    Endangered Steller sea lions have been protected by a suite of 
measures. Groundfish fisheries conducted in accordance with the Steller 
sea lion protection measures adopted in 2002 have been determined not 
to jeopardize Steller sea lions or adversely modify their critical 
habitat. The protection measures involve seasonal apportionments of 
annual TACs, limits on the proportion of catch within habitat important 
for Steller sea lion foraging, limits on fishing activity within areas 
adjacent to haulouts and rookeries, and closure of directed fishing 
when biomass falls to low levels. The protection measures and the 
conclusions of no jeopardy or adverse modification of habitat were 
arrived at after careful evaluation in 2001. Since that time, NMFS has 
continued to investigate the determinants of Steller sea lion declines. 
These measures are currently being reevaluated in a new biological 
opinion and revised recovery plan.
    Comment 17: The proposed harvest specifications and the 
accompanying EIS fail in substantive ways to comply with the intent of 
the MSA, NEPA, the ESA, and the MMPA.
    Response: Prior to approval, the Secretary ensures that this action 
and all actions it takes are in compliance with the MSA, NEPA, the ESA, 
and the MMPA.
    Comment 18: Given the current uncertainties and lack of scientific 
information, it is essential to adopt a highly precautionary approach 
to exploitation of these ecosystems, in order to avoid the wholesale 
system reorganization and impoverishment that has been linked to 
fishing in other marine ecosystems.
    Response: The Council recommended and NMFS approves the use of a 
cautionary approach.
    Comment 19: There is no ``balance'' between the interests of 
fisheries and other public interests in the North Pacific region: the 
scales are tilted entirely to the advantage of the industrial fisheries 
whose interests are placed above all other public interests. The 
tradeoffs between often contrary FMP objectives are made by a decision-
making body that is not representative of the broader public interest 
and that is biased heavily in favor of commercial utilization of the 
public resource for its own benefit. This state of affairs cries out 
for basic reforms of the kind outlined by the Pew Oceans Commission 
(2003) and the U.S. Oceans Policy Commission (2004) so that other 
public interests and societal goals are fairly represented, in order to 
achieve a real ``balance between competing uses'' of the ocean commons.
    Response: This is not a comment on the content of the groundfish 
harvest specifications or on the accompanying EIS, and deals with 
issues that are beyond the scope of both.

[[Page 9473]]

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 2007 and 2008 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 2007 and 2008 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

    NMFS determined that the FMP is necessary for the conservation and 
management of the BSAI groundfish fishery and that it is consistent 
with the Magnuson-Stevens Fishery Conservation and Management Act and 
other applicable laws.
    This action is authorized under Sec.  679.20 and is exempt from 
review under Executive Order 12866.
    NMFS prepared a Draft EIS for this action and made it available to 
the public for comment (71 FR 53093, September 8, 2006). NMFS prepared 
the Final EIS and made it available to the public on January 12, 2007 
(72 FR 1512). On February 13, 2007, NMFS issued the Record of Decision 
(ROD) for the Final EIS. Copies of the Final EIS and ROD for this 
action are available from NMFS (see ADDRESSES).
    A Final Regulatory Flexibility Analysis (FRFA) was prepared to 
evaluate the impacts on small entities of alternative harvest 
strategies for the groundfish fisheries in the Exclusive Economic Zone 
(EEZ) off of Alaska on small entities. This FRFA meets the statutory 
requirements of the Regulatory Flexibility Act (RFA) of 1980, as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (5 U.S.C. 601-612). A summary of the FRFA follows.
    The action under consideration is adoption of a harvest strategy to 
govern the harvest of groundfish in the BSAI. The preferred alternative 
is the status quo harvest strategy in which TACs fall within the range 
of ABCs recommended through the Council's harvest specification process 
and TACs recommended by the Council. This action is taken in accordance 
with the FMP and adopted by the Council pursuant to the MSA.
    The proposed harvest specifications were published in the Federal 
Register on December 15, 2006 (71 FR 75460). An Initial Regulatory 
Flexibility Analysis (IRFA) was prepared for the proposed harvest 
specifications and was described in the classification section of that 
preamble. Copies of the IRFA prepared for this action are available 
from NMFS, Alaska Region (see ADDRESSES). The public comment period 
ended on January 16, 2007. No comments were received regarding the 
economic impacts of this action.
    The need for and objectives of this rule are described in the 
preamble and not repeated here.
    Significant issues raised by public comment are addressed in the 
preamble and not repeated here.
    The directly regulated small entities include approximately 747 
small catcher vessels, less than 17 small catcher-processors, and six 
Community Development Quota (CDQ) Groups. The entities directly 
regulated by this action are those that harvest groundfish in the EEZ 
of the BSAI, and in parallel fisheries within State of Alaska waters. 
These include entities operating catcher vessels and catcher-processor 
vessels within the action area, and entities receiving direct 
allocations of groundfish. Catcher vessels and catcher processors were 
considered to be small entities if they had annual gross receipts, from 
all of their economic activities, and including the revenue of their 
affiliated operations, less than or equal to $4 million per year. Data 
from 2005 was used because it was the most recent available. CDQ groups 
receive direct allocations of groundfish, and these were considered to 
be small entities because they are non-profit entities. The Aleut 
Corporation is not a small entity because it is a holding company which 
does not meet the SBA $6 million threshold for holding companies (13 
CFR 121.201).
    Estimates of first wholesale gross revenues for the BSAI non-CDQ 
and CDQ sectors were used as indices of the potential impacts of the 
alternative harvest strategies on small entities. Revenues were 
projected to decline from 2006 levels in 2007 and 2008 under the 
preferred alternative due to declines in ABCs for key species.
    The preferred alternative (Alternative 2) was compared to four 
other alternatives. These included Alternative 1, which would set TACs 
so as to generate fishing rates equal to the maximum permissible ABC 
(if the full TAC were harvested), unless the sum of TACs would exceed 
the regional OY, in which case harvests would be limited to the OY. 
Alternative 3 would set TACs to produce fishing rates equal to the most 
recent five year average of fishing rates. Alternative 4 would set TACs 
to equal the lower bound of the regional OY range. Alternative 5 would 
set TACs equal to zero.
    Alternatives 3, 4, and 5 produced smaller first wholesale revenues 
for each of the three groupings, than Alternative 2. Thus, Alternatives 
3, 4 and 5 had greater adverse impacts on small entities. Alternative 1 
sets the TACs equal to the maximum permissible ABC unless the sum of 
these TACs exceed the OY. In 2007 and 2008 the sum of the maximum 
permissible ABCs exceeded the OY. Therefore, the TACs under Alternative 
1 were set equal to the OY. Also, Alternative 2 TACs are constrained by 
the ABCs the Plan Team and SSC recommend to the Council on the basis of 
a full consideration of biological issues. These ABCs are often less 
than Alternative 1 maximum permissible ABCs. Therefore higher TACs 
under Alternative 1 may not be consistent with prudent biological 
management of the resource. For these reasons, Alternative 2 is the 
preferred alternative. in the BSAI (for both non-CDQ and CDQ groups). 
For these reasons, Alternative 2 is the preferred alternative.
    This action does not modify any recordkeeping or reporting 
requirements.
    Under 5 U.S.C. 553(d)(3), an agency can waive the 30 day delay in 
effectiveness of a rule for good cause. These final harvest 
specifications were developed as quickly as possible, Plan Team review 
in November 2006, Council consideration and recommendations in December 
2006, and NOAA Fisheries review and development in January-February 
2007. For all fisheries not currently closed because the TACs 
established under the 2006 and 2007 final harvest specifications (71 FR 
10894, March 3, 2006) were reached, the likely possibility exists for 
their closures prior to the expiration of a 30-day delayed 
effectiveness period because their TACs could be reached. Certain 
fisheries, such as those for pollock, Pacific cod, and Atka mackerel 
are intensive fast-paced fisheries. Other fisheries, such as those for 
flatfish, rockfish and ``other species,'' are critical as directed 
fisheries and as incidental catch in other

[[Page 9474]]

fisheries. U.S. fishing vessels have demonstrated the capacity to catch 
the TAC allocations in all these fisheries. Any delay in allocating the 
final TAC in these fisheries would cause disruption to the industry and 
potential economic harm through unnecessary discards. Determining which 
fisheries may close is impossible because these fisheries are affected 
by several factors that cannot be predicted in advance, including 
fishing effort, weather, movement of fishery stocks, and market price. 
Furthermore, the closure of one fishery has a cascading effect on other 
fisheries by freeing-up fishing vessels, allowing them to move from 
closed fisheries to open ones, increasing the fishing capacity in those 
open fisheries and causing them to close at an accelerated pace.
    If the final harvest specifications are not effective by March 10, 
2007, which is the start of the Pacific halibut season as specified by 
the IPHC, the hook-and-line sablefish fishery will not begin 
concurrently with the Pacific halibut season. This would cause 
sablefish that is caught with Pacific halibut to be needlessly 
discarded, as both hook-and-line sablefish and Pacific halibut are 
managed under the same IFQ program. Immediate effectiveness of the 2007 
and 2008 final harvest specifications will allow the sablefish fishery 
to begin concurrently with the Pacific halibut season. Also, the 
immediate effectiveness of this action is required to provide 
consistent management and conservation of fishery resources based on 
the best available scientific information, and to give the fishing 
industry the earliest possible opportunity to plan its fishing 
operations. Therefore NMFS finds good cause to waive the 30 day delay 
in effectiveness under 5 U.S.C. 553(d)(3).
    Furthermore, the 2007 and 2008 final harvest specifications 
implement the groundfish sideboards and sideboard closures that 
restrict the owners of vessels with a history of participation in the 
Rockfish Program from using the increased flexibility provided by the 
Rockfish Program to expand their level of participation the catcher 
vessel Pacific cod fishery in BSAI groundfish fisheries. Until the 2007 
and 2008 final harvest specifications are effective no sideboard 
restrictions or closures apply to these vessels. Accordingly, NMFS 
finds that there is good cause to waive the 30 day delayed 
effectiveness period under 5 U.S.C. 553(d)(3).

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

    Dated: February 22, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
 [FR Doc. E7-3692 Filed 3-1-07; 8:45 am]
BILLING CODE 3510-22-P