[Federal Register Volume 72, Number 234 (Thursday, December 6, 2007)]
[Proposed Rules]
[Pages 68810-68833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5940]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-7723-01]
RIN 0648-XD67


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Proposed 2008 and 2009 Harvest Specifications for Groundfish

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes 2008 and 2009 harvest specifications, reserves 
and apportionments, and Pacific halibut prohibited species catch (PSC) 
for the groundfish fishery of the Gulf of Alaska (GOA). This action is 
necessary to establish harvest limits for groundfish during the 2008 
and 2009 fishing years and to accomplish the goals and objectives of 
the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). 
The intended effect of this action is to conserve and manage the 
groundfish resources in the GOA in accordance with the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Comments must be received by January 7, 2008.

ADDRESSES: You may submit comments, identified by ``RIN 0648-XD67'', by 
any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal Web site at http://www.regulations.gov;
     Mail: P. O. Box 21668, Juneau, AK 99802;
     Fax: (907) 586-7557; or
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    Send comments to Sue Salveson, Assistant Regional Administrator, 
Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen 
Sebastian.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.
    Copies of the Final Alaska Groundfish Harvest Specifications 
Environmental Impact Statement (Final EIS) and the Initial Regulatory 
Flexibility Analysis (IRFA) prepared for this action are available from 
NMFS at the addresses above or from the Alaska Region Web site at 
http://www.fakr.noaa.gov. Copies of the final 2006 Stock Assessment and 
Fishery Evaluation (SAFE) report for the groundfish resources of the 
GOA, dated November 2006, and the October 2007 North Pacific Fishery 
Management Council (Council) meeting minutes are available from the 
Council at 605 West 4th Avenue, Suite 306, Anchorage, AK 99510 or from 
its Web site at http://www.fakr.noaa.gov/npfmc.

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

SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in 
the exclusive economic zone (EEZ) of the GOA under the FMP. The Council 
prepared the FMP under the authority of the Magnuson-Stevens Act, 16 
U.S.C. 1801, et seq. Regulations governing U.S. fisheries and 
implementing the FMP appear at 50 CFR parts 600, 679, and 680.
    These proposed specifications are based in large part on the 2006 
SAFE reports. In November 2007, the 2007

[[Page 68811]]

SAFE reports were used to develop the 2008 and 2009 final acceptable 
biological catch (ABC) amounts. Anticipated changes in the final 
specifications from the proposed specifications are identified in this 
notice for public review.
    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 of which must be within the optimum yield (OY) range of 116,000 
to 800,000 metric tons (mt). Section 679.20(c)(1) further requires NMFS 
to publish and solicit public comment on proposed annual TACs, halibut 
PSC amounts, and seasonal allowances of pollock and inshore/offshore 
Pacific cod. The proposed specifications in Tables 1 through 17 of this 
document satisfy these requirements. For 2008 and 2009, the sum of the 
proposed TAC amounts is 286,173 mt. Under Sec.  679.20(c)(3), NMFS will 
publish the 2008 and 2009 final specifications after (1) considering 
comments received within the comment period (see DATES), (2) consulting 
with the Council at its December 2007 meeting, and (3) considering 
information presented in the Final EIS and the final 2007 SAFE report 
prepared for the 2008 and 2009 groundfish fisheries.

Other Rules Affecting the 2008 and 2009 Harvest Specifications

    Congress granted NMFS specific statutory authority to manage 
Central GOA rockfish fisheries in Section 802 of the Consolidated 
Appropriations Act of 2004 (Pub. L. 108-199; Section 802). The elements 
of the Central Gulf of Alaska Rockfish Pilot Program (Rockfish Program) 
are discussed in detail in the proposed and final rules to Amendment 68 
to the FMP (71 FR 33040, June 7, 2006, and 71 FR 67210, November 20, 
2006, respectively). The Rockfish Program is authorized for five years, 
from January 1, 2007 until December 31, 2011.
    The Rockfish Program allocates exclusive harvesting and processing 
privileges for the following primary rockfish species: Northern 
rockfish, Pacific ocean perch, and pelagic shelf rockfish. Secondary 
species are those species incidentally harvested during the primary 
rockfish species fisheries and include Pacific cod, rougheye rockfish, 
shortraker rockfish, sablefish, and thornyhead rockfish. The Rockfish 
Program also allocates a portion of the total GOA halibut mortality 
limit annually specified under Sec.  679.21 to participants based on 
historic halibut mortality rates in the primary rockfish species 
fisheries. The 2008 amounts of primary rockfish species, secondary 
species, and halibut mortality to be allocated to the Rockfish Program 
will not be known until eligible participants apply for participation 
in the Rockfish Program by March 1, 2008. These amounts will be posted 
on the Alaska Region Web site at http://www.fakr.noaa.gov when they 
become available early in 2008. The entry level allocation of rockfish, 
after subtraction of incidental catch amounts, is equal to 5 percent of 
the Central GOA TAC for Pacific ocean perch, northern rockfish, and 
pelagic shelf rockfish. Table 6 lists the proposed 2008 and 2009 
allocations of rockfish in the Central GOA to the entry level fishery.
    The Rockfish Program also establishes catch limits, commonly called 
``sideboards,'' to limit the ability of participants eligible for this 
program to harvest fish in fisheries other than the Central GOA 
rockfish fisheries. Sideboards limit harvest in specific rockfish 
fisheries in the Western GOA and in the West Yakutat District and the 
amount of halibut bycatch that can be used in certain flatfish 
fisheries. Table 14 lists the proposed 2008 and 2009 Rockfish Program 
harvest limits. Table 15 lists the proposed 2008 and 2009 Rockfish 
Program halibut mortality limits for catcher processors and catcher 
vessels.
    Proposed and final rules to implement Amendment 80 to the Fishery 
Management Plan for Groundfish of the Bering Sea and Aleutian Islands 
Management Area (BSAI FMP) were published in the Federal Register on 
May 30, 2007 (72 FR 30052) and September 14, 2007 (72 FR 52668). 
Amendment 80 (hereinafter referred to as the ``Amendment 80 program'') 
allocates several BSAI non-pollock trawl groundfish fisheries among 
fishing sectors, and facilitates the formation of harvesting 
cooperatives in the non-American Fisheries Act (AFA) trawl catcher 
processor sector. The Amendment 80 program establishes a limited access 
privilege program for the non-AFA trawl catcher processor sector. In 
order to limit the ability of participants eligible for the Amendment 
80 program to expand their harvest efforts in the GOA, the Amendment 80 
program establishes groundfish and halibut PSC catch limits for 
Amendment 80 program participants in the GOA. Table 16 lists the 
proposed 2008 and 2009 sideboard limits for Amendment 80 program 
participants. Table 17 lists the proposed 2008 and 2009 halibut PSC 
limits for Amendment 80 vessels using trawl gear.
    In April 2007, the Council recommended Amendment 77 to the GOA FMP. 
Amendment 77, if approved, would remove dark rockfish from the pelagic 
shelf rockfish (PSR) complex in the GOA FMP in order to allow the State 
to assume management of dark rockfish. This action is necessary to 
allow the State to implement more responsive, regionally based 
management measures than are currently possible under the FMP. From 
1997 to 2005, NMFS survey biomass estimates of dark rockfish in the PSR 
complex have averaged 3.5 percent of the total PSR biomass. If 
Amendment 77 is approved, a reduction of 3.5 percent could be expected 
in the overfishing level (OFL), ABC, and TAC levels for the PSR complex 
in 2009. The amounts of 2009 PSR will be available following the Plan 
Team's meeting in November 2007.

Proposed ABC and TAC Specifications

    The proposed ABCs and TACs are based on the best available 
biological and socioeconomic data, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
methods used to calculate stock biomass. The FMP specifies the 
formulas, or tiers, to be used to compute ABCs and OFLs. The formulas 
applicable to a particular stock or stock complex are determined by the 
level of reliable information available to fisheries scientists. Tier 
one represents the highest level of information quality available and 
tier six represents the lowest level of information quality available.
    In October 2007, the Council, the Scientific and Statistical 
Committee (SSC), and the Advisory Panel (AP), reviewed current 
biological and harvest information about the condition of GOA 
groundfish stocks, most of which was initially compiled by the GOA 
Groundfish Plan Team (Plan Team) and was presented in the final 2006 
SAFE report for the GOA groundfish fisheries, dated November 2006 (see 
ADDRESSES). The SAFE report contains a review of the latest scientific 
analyses, estimates of each species' biomass and other biological 
parameters, as well as summaries of the available information on the 
GOA ecosystem and the economic condition of the groundfish fisheries 
off Alaska. From these analyses, the Plan Team estimates an ABC for 
each species category. The Plan Team will update the 2006 SAFE report 
to include new information collected during 2007. The Plan Team will 
provide revised stock assessments in November 2007 in the final 2007 
SAFE report. The Council will review the 2007 SAFE report in December 
2007.

[[Page 68812]]

The final 2008 and 2009 harvest specifications may be adjusted from the 
proposed harvest specifications based on the 2007 SAFE report.
    The SSC adopted the proposed 2008 and 2009 OFL and ABC 
recommendations from the Plan Team for all groundfish species. These 
amounts are unchanged from the final 2008 harvest specifications 
published in the Federal Register on March 5, 2007 (72 FR 9676). The AP 
and the Council recommendations for the proposed 2008 and 2009 OFL, 
ABC, and TAC amounts are also based on the final 2008 harvest 
specifications published in the Federal Register on March 5, 2007 (72 
FR 9676). For 2008 and 2009, the Council recommended and NMFS proposes 
the OFLs and ABCs listed in Table 1. The proposed ABCs reflect harvest 
amounts that are less than the specified overfishing amounts. The sum 
of the proposed 2008 and 2009 ABCs for all assessed groundfish is 
511,838 mt, which is higher than the final 2007 ABC total of 490,327 mt 
(72 FR 9676, March 5, 2007).

Specification and Apportionment of TAC Amounts

    The Council recommended proposed TACs for 2008 and 2009 that are 
equal to proposed ABCs for pollock, deep-water flatfish, rex sole, 
sablefish, Pacific ocean perch, shortraker rockfish, rougheye rockfish, 
northern rockfish, pelagic shelf rockfish, thornyhead rockfish, 
demersal shelf rockfish, and skates. The Council recommended proposed 
TACs for 2008 and 2009 that are less than the proposed ABCs for Pacific 
cod, flathead sole, shallow-water flatfish, arrowtooth flounder, other 
rockfish, and Atka mackerel.
    The apportionment of annual pollock TAC among the Western and 
Central Regulatory Areas of the GOA reflects the seasonal biomass 
distribution and is discussed in greater detail below. The annual 
pollock TAC in the Western and Central Regulatory Areas of the GOA is 
apportioned among Statistical Areas 610, 620, and 630, as well as 
equally among each of the following four seasons: the A season (January 
20 through March 10), the B season (March 10 through May 31), the C 
season (August 25 through October 1), and the D season (October 1 
through November 1) (50 CFR 679.23(d)(2)(i) through (iv) and 
679.20(a)(5)(iv)(B)).
    As in 2007, the SSC and Council recommended that the method of 
apportioning the sablefish ABC among management areas in 2008 and 2009 
include commercial fishery and survey data. NMFS stock assessment 
scientists believe that unbiased commercial fishery catch-per-unit-
effort data are useful for stock distribution assessments. NMFS 
evaluates annually the use of commercial fishery data to ensure that 
unbiased information is included in stock distribution models. The 
Council's recommendation for sablefish area apportionments also takes 
into account the prohibition on the use of trawl gear in the Southeast 
Outside (SEO) District of the Eastern Regulatory Area and makes 
available 5 percent of the combined Eastern Regulatory Area TACs to 
trawl gear for use as incidental catch in other directed groundfish 
fisheries in the West Yakutat District (WYK) (Sec.  679.20(a)(4)(i)).
    The AP, SSC, and Council recommended apportioning the ABC for 
Pacific cod in the GOA among regulatory areas based on the three most 
recent NMFS summer trawl surveys. As in previous years, the Plan Team, 
SSC, and Council recommended that the sum of all State and Federal 
water Pacific cod removals from the GOA not exceed ABC recommendations. 
The proposed 2008 and 2009 Pacific cod TACs are affected by the State's 
fishery for Pacific cod in its waters in the Western and Central 
Regulatory Areas, as well as in Prince William Sound (PWS).
    Accordingly, the Council recommended the proposed 2008 and 2009 
Pacific cod TACs be reduced from proposed ABC amounts to account for 
guideline harvest levels (GHL) established for Pacific cod by the State 
for fisheries that occur in State waters of the GOA. Therefore, the 
proposed 2008 and 2009 Pacific cod TACs are less than the proposed ABCs 
by the following amounts (1) Eastern GOA, 428 mt; (2) Central GOA, 
9,817 mt; and (3) Western GOA, 6,961 mt. These amounts reflect the sum 
of the State's 2008 and 2009 GHLs in these areas, which are 10 percent, 
25 percent, and 25 percent of the Eastern, Central, and Western GOA 
proposed ABCs, respectively.
    NMFS also is proposing seasonal apportionments of the annual 
Pacific cod TACs in the Western and Central Regulatory Areas. Sixty 
percent of the annual TAC is apportioned to the A season for hook-and-
line, pot, or jig gear from January 1 through June 10, and for trawl 
gear from January 20 through June 10. Forty percent of the annual TAC 
is apportioned to the B season for hook-and-line, pot, or jig gear from 
September 1 through December 31, and for trawl gear from September 1 
through November 1 (Sec. Sec.  679.23(d)(3) and 679.20(a)(11)).
    As in 2007, NMFS proposes to establish for 2008 and 2009 an A 
season directed fishing allowance (DFA) for the Pacific cod fisheries 
in the GOA based on the management area TACs minus the recent average A 
season incidental catch of Pacific cod in each management area before 
June 10 (Sec.  679.20(d)(1)). The DFA and incidental catch before June 
10 will be managed such that total catch in the A season will be no 
more than 60 percent of the annual TAC. Incidental catch taken after 
June 10 will continue to be taken from the B season TAC. This action 
meets the intent of the Steller sea lion protection measures by 
achieving temporal dispersion of the Pacific cod removals and reducing 
the likelihood of catch exceeding 60 percent of the annual TAC in the A 
season (January 1 through June 10).
    The FMP specifies that the amount for the ``other species'' 
category be set at an amount less than or equal to 5 percent of the 
combined TAC amounts for target species. The proposed 2008 and 2009 
``other species'' TACs of 4,500 mt are less than 5 percent of the 
combined proposed TAC amounts for target species for 2008 and 2009. The 
sum of the proposed TACs for all GOA groundfish is 286,173 mt for 2008 
and 2009, which is within the OY range specified by the FMP. The sums 
of the proposed 2008 and 2009 TACs are lower than the sum of the 2007 
TACs of 269,912 mt.
    NMFS finds that the Council's recommendations for proposed OFL, 
ABC, and TAC amounts are consistent with the biological condition of 
groundfish stocks as adjusted for other biological and socioeconomic 
considerations, including maintaining the total TAC within the required 
OY range. Table 1 lists the proposed 2008 and 2009 ABCs, TACs, and OFLs 
of groundfish.
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Proposed Apportionment of Reserves

    Section 679.20(b)(2) requires that 20 percent of each TAC for 
pollock, Pacific cod, flatfish, and the ``other species'' category be 
set aside in reserves for possible apportionment at a later date during 
the fishing year. In 2007, NMFS apportioned all of the reserves in the 
final harvest specifications. For 2008 and 2009, NMFS proposes 
apportionment of all of the reserves for pollock, Pacific cod, 
flatfish, and ``other species.'' Table 1 reflects the apportionment of 
reserve amounts for these species and species groups.

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

    Sections 679.20(a)(4)(i) and (ii) require allocation of sablefish 
TACs for each of the regulatory areas and districts to hook-and-line 
and trawl gear. In the Western and Central Regulatory Areas, 80 percent 
of each TAC is allocated to hook-and-line gear, and 20 percent of each 
TAC is allocated to trawl gear. In the Eastern GOA, 95 percent of the 
TAC is allocated to hook-and-line gear and 5 percent is allocated to 
trawl gear. The trawl gear allocation in the Eastern GOA may only be 
used to support incidental catch of sablefish in directed fisheries for 
other target species (Sec.  679.20(a)(4)(i)). In recognition of the 
trawl ban in the SEO District of the Eastern GOA, the Council 
recommended and NMFS proposes that the allocation of 5 percent of the 
combined Eastern Regulatory Area sablefish TAC be available to trawl 
gear in the WYK District and the remainder of the WYK sablefish TAC be 
available to vessels using hook-and-line gear. As a result, NMFS 
proposes to allocate 100 percent of the sablefish TAC in the SEO 
District to vessels using hook-and-line gear. This recommendation 
results in a proposed 2008 allocation of 281 mt to trawl gear and 1,988 
mt to hook-and-line gear in the WYK District, and 3,353 mt to hook-and-
line gear in the SEO District. Table 2 lists the allocations of the 
proposed 2008 sablefish TACs to hook-and-line and trawl gear. Table 3 
lists the allocations of the proposed 2009 sablefish TACs to trawl 
gear. The Council recommended that only a trawl sablefish TAC be 
established for two years.

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

    In the GOA, pollock is apportioned by season and area, and is 
further divided between inshore and offshore processing components. 
Pursuant to Sec.  679.20(a)(5)(iv)(B), the annual pollock TAC specified 
for the Western and Central Regulatory Areas of the GOA is apportioned 
into four equal seasonal allowances of 25 percent. As established by 
Sec.  679.23(d)(2)(i) through (iv), the A, B, C, and D season 
allowances are available from January 20 through March 10, March 10 
through May 31, August 25 through October 1, and October 1 through 
November 1, respectively.
    Pollock TACs in the Western and Central Regulatory Areas of the GOA 
are apportioned among statistical areas 610, 620, and 630. In the A and 
B seasons, the apportionments are in proportion to the distribution of 
pollock biomass based on the four most recent NMFS winter surveys. In 
the C and D seasons, the apportionments are in proportion to the 
distribution of pollock biomass based on the four most recent NMFS 
summer surveys. For 2008 and 2009, the Council recommended averaging 
the winter and summer distribution of pollock in the Central Regulatory 
Area for the A season. The average is intended to reflect the 
distribution of pollock as indicated by the historic performance of the 
fishery during the A season. Within any fishing year, the amount by 
which a seasonal allowance is underharvested or overharvested may be 
added to, or subtracted from, subsequent seasonal allowances. The 
rollover amount is limited to 20 percent of the unharvested seasonal 
apportionment for the statistical area. Any unharvested pollock above 
the 20 percent limit could be further distributed to the other 
statistical areas, in proportion to the estimated biomass in the 
subsequent season in those statistical areas (Sec.  
679.20(a)(5)(iv)(B)). The proposed pollock TACs in the WYK of 1,694 mt 
and SEO District of 6,157 mt for 2008 and 2009 are not allocated by 
season.
    Section 679.20(a)(6)(i) requires the allocation of 100 percent of 
the pollock TAC in all regulatory areas and all seasonal allowances to 
vessels catching pollock for processing by the inshore component after 
subtraction of amounts that are projected by the Regional Administrator 
to be caught by, or delivered to, the offshore component incidental to 
directed fishing for other groundfish species. The amount of pollock 
available for vessels harvesting pollock for processing by the offshore 
component is that amount actually taken as incidental catch during 
directed fishing for groundfish species other than pollock, up to the 
maximum retainable amounts allowed under Sec.  679.20(e) and (f). At 
this time, these incidental catch amounts are unknown and will be 
determined during the fishing year.
    Table 4 lists the proposed 2008 and 2009 seasonal biomass 
distribution of pollock in the Western and Central Regulatory Areas, 
area apportionments, and seasonal allowances. The amounts of pollock 
for processing by the inshore and offshore components are not shown.

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Proposed Seasonal Apportionments of Pacific Cod TAC and Allocations for 
Processing of Pacific Cod TAC Between Inshore and Offshore Components

    Pacific cod fishing is divided into two seasons in the Western and 
Central Regulatory Areas of the GOA. For hook-and-line, pot, and jig 
gear, the A season is January 1 through June 10, and the B season is 
September 1 through December 31. For trawl gear, the A season is 
January 20 through June 10, and the B season is September 1 through 
November 1 (Sec.  679.23(d)(3)). After subtraction of incidental catch, 
60 percent and 40 percent of the annual TAC will be available for 
harvest during the A and B seasons, respectively, and will be 
apportioned between the inshore and offshore processing components, as 
provided in Sec.  679.20(a)(6)(ii). Between the A and the B seasons, 
directed fishing for Pacific cod is closed, and fishermen participating 
in other directed fisheries must retain Pacific cod up to the maximum 
retainable amounts allowed under Sec.  679.20(e) and (f). Under Sec.  
679.20(a)(11)(ii), any overage or underage of the Pacific cod allowance 
from the A season may be subtracted from or added to the subsequent B 
season allowance.
    Section 679.20(a)(6)(ii) requires the allocation of the Pacific cod 
TAC apportionment in all regulatory areas between vessels catching 
Pacific cod for processing by the inshore and offshore components. 
Ninety percent of the Pacific cod TAC in each regulatory area is 
allocated to vessels catching Pacific cod for processing by the inshore 
component. The remaining 10 percent of the TAC is allocated to vessels 
catching Pacific cod for processing by the offshore component. Table 5 
lists the proposed 2008 and 2009 seasonal apportionments and 
allocations of the Pacific cod TAC amounts.
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Proposed Apportionments to the Central GOA Rockfish Pilot Program

    Sections 679.81(a)(1) and (2) require the allocation of the primary 
rockfish species TACs in the Central Regulatory Area after deducting 
incidental catch needs in other directed groundfish fisheries. Five 
percent (2.5 percent to trawl gear and 2.5 percent to fixed gear) of 
the proposed TACs for Pacific ocean perch, northern rockfish, and 
pelagic shelf rockfish in the Central Regulatory Area are allocated to 
the entry level rockfish fishery and the remaining 95 percent to those 
vessels eligible to participate in the Rockfish Program. NMFS proposes 
2008 and 2009 incidental catch amounts of 100 mt for northern rockfish, 
100 mt for pelagic shelf rockfish, and 200 mt for Pacific ocean perch 
for other directed groundfish fisheries in the Central Regulatory Area. 
These proposed amounts are based on the 2003 through 2007 average 
incidental catch in the Central Regulatory Area by other groundfish 
fisheries.
    Section 679.83(a)(1)(i) requires allocations to the trawl entry 
level fishery must be made first from the allocation of Pacific ocean 
perch available to the rockfish entry level fishery. If the amount of 
Pacific ocean perch available for allocation is less than the total 
allocation allowable for trawl catcher vessels in the rockfish entry 
level fishery, then northern rockfish and pelagic shelf rockfish must 
be allocated to trawl catcher vessels. Allocations of Pacific ocean 
perch, northern rockfish, and pelagic shelf rockfish to longline gear 
vessels must be made after the allocations to trawl gear.
    Table 6 lists the proposed 2008 and 2009 allocations of rockfish in 
the Central GOA to trawl and longline gear in the entry level rockfish 
fishery.

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Proposed Halibut PSC Limits

    Section 679.21(d) establishes annual halibut PSC limit 
apportionments to trawl and hook-and-line gear and permits the 
establishment of apportionments for pot gear. In October 2007, the 
Council recommended that NMFS maintain the 2007 halibut PSC limits of 
2,000 mt for the trawl fisheries and 300 mt for the hook-and-line 
fisheries for 2008 and 2009. Ten metric tons of the hook-and-line limit 
is further allocated to the demersal shelf rockfish (DSR) fishery in 
the SEO District. The DSR fishery is defined at Sec.  
679.21(d)(4)(iii)(A). This fishery has been apportioned 10 mt in 
recognition of its small scale harvests. Most vessels in the DSR 
fishery are less than 60 ft (18.3 m) length overall (LOA) making them 
exempt from observer coverage. Therefore, observer data are not 
available to verify actual bycatch amounts. NMFS assumes the halibut 
bycatch in the DSR fishery is low because of the short soak times for 
the gear and short duration of the fishery. Also, the DSR fishery 
occurs in the winter when less overlap occurs in the distribution of 
DSR and halibut. In 2006 and 2007, estimates of incidental catch of DSR 
in the commercial halibut fishery and estimates of sport fish catch 
have approached the final TACs for DSR. As a result, the Alaska 
Department of Fish and Game closed directed commercial fishing for DSR 
at the beginning of 2006 and 2007.
    Section 679.21(d)(4) authorizes the exemption of specified non-
trawl fisheries from the halibut PSC limit. As in past years, NMFS, 
after consultation with the Council, proposes to exempt pot gear, jig 
gear, and the sablefish IFQ (Individual Fishing Quota) hook-and-line 
gear fishery categories from the non-trawl halibut PSC limit for 2008 
and 2009. The Council recommended these exemptions because (1) the pot 
gear fisheries have low halibut bycatch mortality (averaging 18 mt 
annually from 2001 through 2006 and 8 mt through September 22, 2007); 
(2) the halibut and sablefish IFQ fisheries have low halibut bycatch 
mortality because the IFQ program requires retention of legal-sized 
halibut by vessels using hook-and-line gear if a halibut IFQ permit 
holder is aboard and is holding unused halibut IFQ; and (3) halibut 
mortality for the jig gear fisheries is assumed to be negligible. 
Halibut mortality is assumed to be negligible in the jig gear fisheries 
given the low amount of groundfish harvested by jig gear (averaging 269 
mt annually from 2001 through 2006, and 29 mt through September 22, 
2007), the selective nature of jig gear, and the likelihood of high 
survival rates of halibut caught and released by jig gear.
    Section 679.21(d)(5) provides NMFS with the authority to seasonally 
apportion the halibut PSC limits after consultation with the Council. 
The FMP and regulations require that the Council and NMFS consider the 
following information in seasonally apportioning halibut PSC limits: 
(1) Seasonal distribution of halibut, (2) seasonal distribution of 
target groundfish species relative to halibut distribution, (3) 
expected halibut bycatch needs on a seasonal basis relative to changes 
in halibut biomass and expected catch of target groundfish species, (4) 
expected bycatch rates on a seasonal basis, (5) expected changes in 
directed groundfish fishing seasons, (6) expected actual start of 
fishing effort, and (7) economic effects of establishing seasonal 
halibut allocations on segments of the target groundfish industry.
    The final 2007 and 2008 harvest specifications (72 FR 9676, March 
5, 2007) summarized the Council's and NMFS's findings with respect to 
each of these FMP considerations. The Council's and NMFS's findings for 
2008 and 2009 are unchanged from 2007. Table 7 lists the proposed 2008 
and 2009 Pacific halibut PSC limits, allowances, and apportionments. 
Sections 679.21(d)(5)(iii) and (iv) specify that any underages or 
overages of a seasonal apportionment of a PSC limit will be deducted 
from or added to the next respective seasonal apportionment within the 
fishing year.

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    Section 679.21(d)(3)(ii) authorizes further apportionment of the 
trawl halibut PSC limit to trawl fishery categories. The annual 
apportionments are based on each category's proportional share of the 
anticipated halibut bycatch mortality during a fishing year and 
optimization of the total amount of groundfish harvest under the 
halibut PSC limit. The fishery categories for the trawl halibut PSC 
limits are: (1) A deep-water species category, comprised of sablefish, 
rockfish, deep-water flatfish, rex sole, and arrowtooth flounder; and 
(2) a shallow-water species category, comprised of pollock, Pacific 
cod, shallow-water flatfish, flathead sole, Atka mackerel, skates, and 
``other species'' (Sec.  679.21(d)(3)(iii)). Table 8 lists the proposed 
2008 and 2009 seasonal apportionments of Pacific halibut PSC trawl 
limits for the deep-water and shallow-water species fishery categories. 
Based on public comment and information contained in the final 2007 
SAFE report, the Council may recommend or NMFS may make changes in the 
seasonal, gear-type, or fishery category apportionments of halibut PSC 
limits for the final 2008 and 2009 harvest specifications.
[GRAPHIC] [TIFF OMITTED] TP06DE07.015

Estimated Halibut Bycatch in Prior Years

    The best available information on estimated halibut bycatch is data 
collected by observers during 2007. The calculated halibut bycatch 
mortality by trawl, hook-and-line, and pot gears through September 22, 
2007, is 1,487 mt, 212 mt, and 8 mt, respectively, for a total halibut 
mortality of 1,707 mt.
    Halibut bycatch restrictions seasonally constrained trawl gear 
fisheries during the 2007 fishing year. Trawling during the second 
season closed for the deep-water species category on May 17 (72 FR 
28620, May 22, 2007), and during the third season on August 10 (72 FR 
45697, August 15, 2007). Trawling during the second season closed for 
the shallow-water species category on June 4 (72 FR 31472, June 7, 
2007), and during the third second season on August 10 (72 FR 45697, 
August 15, 2007). To prevent exceeding the fourth season halibut PSC

[[Page 68821]]

limit for the shallow-water species category, directed fishing using 
trawl gear was limited to three 12-hour open periods on September 1 (72 
FR 49229, August 28, 2007), September 6 (72 FR 51717, September 11, 
2007), and September 11 (72 FR 52491, September 14, 2007), and to one 
48-hour period beginning September 21 (72 FR 54603, September 26, 
2007). Trawling for all groundfish targets (with the exception of 
pollock by vessels using pelagic trawl gear) closed for the fifth 
season on October 8 (72 FR 57888, October 11, 2007), reopened on 
October 10 (72 FR 58261, October 15, 2007) until October 15 (72 FR 
59038, October 18, 2007), and reopened on October 22 (72 FR 60586, 
October 25, 2007). Fishing for groundfish using hook-and-line gear has 
remained open in 2007 as the halibut PSC limit has not been reached (as 
of October 11, 2007). The amount of groundfish that trawl gear might 
have harvested if halibut PSC limits had not restricted the 2007 season 
is unknown.

Expected Changes in Groundfish Stocks and Catch

    Proposed 2008 and 2009 ABCs for pollock, Pacific cod, deep-water 
flatfish, flathead sole, arrowtooth flounder, Pacific ocean perch, and 
pelagic shelf rockfish are higher than those established for 2007 while 
the proposed 2008 and 2009 ABCs for rex sole and sablefish are lower 
than those established for 2007. For the remaining target species, the 
Council recommended that ABC levels remain unchanged from 2007. More 
information on these changes is included in the final SAFE report 
(November 2006) and in the Council, SSC, and AP minutes from the 
October 2007 meeting. These documents are available from the Council 
(see ADDRESSES).
    In the GOA, the total proposed 2008 and 2009 TAC amounts are 
286,173 mt, an increase of 6 percent from the 2007 TAC total of 269,912 
mt. Table 9 compares the final 2007 TACs to the proposed 2008 and 2009 
TACs.

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Current Estimates of Halibut Biomass and Stock Condition

    The most recent halibut stock assessment was conducted by the 
International Pacific Halibut Commission (IPHC) in December 2006 for 
the 2007 commercial fishery. The 2006 assessment contains substantial 
changes from the previous year. Information from ongoing passive 
integrated transponder (PIT) tag recoveries, as well as inconsistencies 
in the traditional closed-area stock assessments for some areas has 
prompted the IPHC to examine stock assessment frameworks. It had been 
assumed that once the halibut reached legal commercial size there was 
little movement between regulatory areas. PIT tag recoveries indicate 
greater movement between regulatory areas than previously thought. In 
response to this new information, the IPHC developed a coast wide 
assessment based on a single stock. The assessment adopted a coast-wide 
harvest rate of 20 percent of the exploitable biomass overall but a 
higher rate for some areas with net immigration. The IPHC adopted 
harvest rates of 25 percent in Area 2C, 20 percent in Areas 3A, 3B, and 
4A, and 15 percent in Areas 4B, C, D, and E for 2007. The current 
exploitable halibut biomass in Alaska for 2007 was estimated to be 
169,000 mt, down from 189,543 mt in 2006. The female spawning biomass 
remains far above the minimum biomass, which occurred in the 1970s.
    The exploitable biomass of the Pacific halibut stock peaked at 
326,520 mt in 1988. According to the IPHC, the long-

[[Page 68823]]

term average reproductive biomass for the Pacific halibut resource was 
estimated at 118,000 mt. Long-term average yield was estimated at 
26,980 mt, round weight. The species is fully utilized. Recent average 
catches (1994-2006) in the commercial halibut fisheries in Alaska have 
averaged 33,970 mt, round weight. Catch in waters off Alaska is 27 
percent higher than long-term potential yield for the entire halibut 
stock, reflecting the good condition of the Pacific halibut resource. 
In January 2007, the IPHC approved Alaska commercial catch limits 
totaling 30,368 mt, round weight, in 2007, a 9 percent decrease from 
33,421 mt in 2006. Through November 13, 2007, commercial hook-and-line 
harvests of halibut off Alaska totaled 26,084 mt, round weight.
    Additional information on the Pacific halibut stock assessment may 
be found in the IPHC's 2006 Pacific halibut stock assessment (December 
2006), available on the IPHC Web site at http://www.iphc.washington.edu. The IPHC will consider the 2007 Pacific 
halibut assessment for 2008 at its January 2007 annual meeting when it 
sets the 2008 commercial halibut fishery quotas.

Other Factors

    The allowable commercial catch of halibut will be adjusted to 
account for the overall halibut PSC mortality limit established for 
groundfish fisheries. The 2008 and 2009 groundfish fisheries are 
expected to use the entire proposed annual halibut PSC limit of 2,300 
mt. The allowable directed commercial catch is determined by first 
accounting for recreational and subsistence catch, waste, and bycatch 
mortality, and then providing the remainder to the directed fishery. 
Groundfish fishing is not expected to affect adversely the halibut 
stocks. Methods available for reducing halibut bycatch include: (1) 
Publication of individual vessel bycatch rates on the NMFS Alaska 
Region Web site at http://www.fakr.noaa.gov, (2) modifications to gear, 
(3) changes in groundfish fishing seasons, (4) individual transferable 
quota programs, and (5) time/area closures.
    Reductions in groundfish TAC amounts provide no incentive for 
fishermen to reduce bycatch rates. Costs that would be imposed on 
fishermen as a result of reducing TAC amounts depend on the species and 
amounts of groundfish foregone.
    Under 50 CFR 679.2, the definition of ``Authorized fishing gear'' 
specifies requirements for biodegradable panels and tunnel openings for 
groundfish pots to reduce halibut bycatch. As a result, low bycatch and 
mortality rates of halibut in pot fisheries have justified exempting 
pot gear from PSC limits.
    The regulations at Sec.  679.2 under ``Authorized fishing gear,'' 
also define ``pelagic trawl gear'' in a manner intended to reduce 
bycatch of halibut by displacing fishing effort off the bottom of the 
sea floor when certain halibut bycatch levels are reached during the 
fishing year. The definition provides standards for physical 
conformation and performance of the trawl gear in terms of crab bycatch 
(Sec.  679.7(a)(14)). Furthermore, all hook-and-line vessel operators 
are required to employ careful release measures when handling halibut 
bycatch (Sec.  679.7(a)(13)). These measures are intended to reduce 
handling mortality, thereby lowering overall halibut bycatch mortality 
in the groundfish fisheries, and to increase the amount of groundfish 
harvested under the available halibut mortality bycatch limits.
    NMFS and the Council will review the methods available for reducing 
halibut bycatch listed here to determine their effectiveness and will 
initiate changes, as necessary, in response to this review or to public 
testimony and comment.

Halibut Discard Mortality Rates

    The Council recommended and NMFS proposes that the halibut discard 
mortality rates (DMRs) developed and recommended by the IPHC for the 
2008 and 2009 GOA groundfish fisheries be used to monitor the proposed 
2008 and 2009 GOA halibut bycatch mortality limits. The IPHC 
recommended use of long-term average DMRs for the 2008 and 2009 
groundfish fisheries. The IPHC will analyze observer data annually and 
recommend changes to the DMRs where a fishery DMR shows large variation 
from the mean. Most of the IPHC's assumed DMRs were based on an average 
of mortality rates determined from NMFS observer data collected between 
1996 and 2005. Long-term average DMRs were not available for some 
fisheries, so rates from the most recent years were used. For the 
``other species'' and skate fisheries, where insufficient mortality 
data are available, the mortality rate of halibut caught in the Pacific 
cod fishery for each gear type was recommended as the default rate. 
Table 10 lists the proposed 2008 and 2009 DMRs, which are unchanged 
from the 2007 DMRs. The DMRs for hook-and-line target fisheries range 
from 10 to 14 percent. The DMRs for trawl target fisheries range from 
53 to 76 percent. Each DMR for the pot target fisheries is 16 percent. 
A copy of the document justifying these DMRs is available from the 
Council (see ADDRESSES) and is discussed in Appendix A of the final 
2006 SAFE report, dated November 2006.

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American Fisheries Act (AFA) Catcher Processor and Catcher Vessel 
Groundfish Harvest and PSC Limits

    Section 679.64 establishes groundfish harvesting and processing 
sideboard limits on AFA catcher processors and catcher vessels in the 
GOA. These sideboard limits are necessary to protect the interests of 
fishermen and processors who do not directly benefit from the AFA from 
expansion in their fisheries by those fishermen and processors who 
receive exclusive harvesting and processing privileges under the AFA. 
Section 679.7(k)(1)(ii) prohibits listed AFA catcher processors from 
harvesting any species of fish in the GOA. Additionally, section 
679.7(k)(1)(iv) prohibits listed AFA catcher processors from processing 
any pollock in the GOA and any groundfish harvested in Statistical Area 
630 of the GOA.
    AFA catcher vessels that are less than 125 ft (38.1 m) LOA, have 
annual landings of pollock in the Bering Sea and Aleutian Islands less 
than 5,100 mt, and have made at least 40 GOA groundfish landings from 
1995 through 1997 are exempt from GOA sideboard limits under Sec.  
679.64(b)(2)(ii). Sideboard limits for non-exempt AFA catcher vessels 
operating in the GOA are based on their traditional harvest levels in 
groundfish fisheries covered by the GOA FMP. Section 679.64(b)(3)(iii) 
establishes the GOA groundfish sideboard limits based on the retained 
catch of non-exempt AFA catcher vessels of each sideboard species from 
1995 through 1997 divided by the TAC for that species over the same 
period. Table 11 lists the proposed 2008 and 2009 groundfish sideboard 
limits for non-exempt AFA catcher vessels. All targeted or incidental 
catch of sideboard species made by non-exempt AFA catcher vessels will 
be deducted from the sideboard limits in Table 11.
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[[Page 68827]]


    The PSC sideboard limits for non-exempt AFA catcher vessels in the 
GOA are based on the aggregate retained groundfish catch by non-exempt 
AFA catcher vessels in each PSC target category from 1995 through 1997 
divided by the retained catch of all vessels in that fishery from 1995 
through 1997 (Sec.  679.64(b)(4)). Table 12 lists the proposed 2008 and 
2009 catcher vessel halibut PSC limits for non-exempt AFA vessels using 
trawl gear.
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Non-AFA Crab Vessel Groundfish Sideboard Limits

    Section 680.22 establishes groundfish catch limits for vessels with 
a history of participation in the Bering Sea snow crab fishery to 
prevent these vessels from using the increased flexibility provided by 
the Crab Rationalization program to expand their level of participation 
in the GOA groundfish fisheries. Sideboard limits restrict a vessel's 
harvest to its historical landings in all GOA groundfish fisheries 
(except the fixed-gear sablefish fishery). Sideboard limits also apply 
to landings made using an LLP license derived from the history of a 
restricted vessel, even if that LLP is used on another vessel.
    Sideboard limits for non-AFA crab vessels operating in the GOA are 
based on their traditional harvest levels of TAC in groundfish 
fisheries covered by the GOA FMP. Sections 680.22 (d) and (e) base the 
groundfish sideboard limits in the GOA on the retained catch by non-AFA 
crab vessels of each sideboard species from 1996 through 2000 divided 
by the total retained harvest of that species over the same period. 
Table 13 lists these proposed 2008 and 2009 groundfish sideboard limits 
for non-AFA crab vessels. All targeted or incidental catch of sideboard 
species made by non-AFA crab vessels will be deducted from the 
sideboard limits in Table 13.
    Vessels exempt from Pacific cod sideboards are those that landed 
less than 45,359 kilograms of Bering Sea snow crab and more than 500 mt 
of groundfish (in round weight equivalents) from the GOA between 
January 1, 1996 and December 31, 2000, and any vessel named on an LLP 
that was generated in whole or in part by the fishing history of a 
vessel meeting the criteria in Sec.  680.22(a)(3).
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[[Page 68829]]


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Rockfish Program Groundfish Sideboard Limitations and Halibut Mortality 
Limitations

    The Rockfish Program establishes sideboards to limit the ability of 
participants eligible for the Rockfish Program to harvest fish in 
fisheries other than the Central GOA rockfish fisheries. The Rockfish 
Program provides certain economic advantages to harvesters. Harvesters 
could use this economic advantage to increase their participation in 
other fisheries, adversely affecting the participants in other 
fisheries. The proposed sideboards for 2008 and 2009 limit the total 
amount of catch in other groundfish fisheries that could be taken by 
eligible harvesters and limit the amount of halibut mortality to 
historic levels. The sideboard measures are in effect only during the 
month of July. Traditionally, the Central GOA rockfish fisheries opened 
in July. The sideboards are designed to restrict fishing during the 
historical season for the fishery, but allow eligible rockfish 
harvesters to participate in fisheries before or after the historical 
rockfish season. The sideboard provisions are discussed in detail in 
the proposed rule (71 FR 33040, June 7, 2006) and final rule (71 FR 
67210, November 20, 2006) for the Rockfish Program. Table 14 lists the 
proposed 2008 and 2009 Rockfish Program harvest limits in the WYK 
District and the Western GOA. Table 15 lists the proposed 2008 and 2009 
Rockfish Program halibut mortality limits for catcher processors and 
catcher vessels.

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Gulf of Alaska Amendment 80 Vessel Groundfish Harvest and PSC Limits

    Section 679.92 establishes groundfish harvesting sideboard limits 
on all Amendment 80 program vessels, other than the F/V GOLDEN FLEECE, 
to amounts no greater than the limits shown in Table 37 to part 679. 
Sideboard limits in the GOA are proposed for pollock in the Western and 
Central Regulatory Areas and in the WYK District, for Pacific cod 
gulfwide, for Pacific ocean perch and pelagic shelf rockfish in the 
Western Regulatory Area and WYK District, and for northern rockfish in 
the Western Regulatory Area. The harvest of Pacific ocean perch, 
pelagic shelf rockfish, and northern rockfish in the Central Regulatory 
Area of the GOA is subject to regulation under the Central GOA Rockfish 
Program. Amendment 80 program vessels not qualified under the Rockfish 
Program are excluded from directed fishing for these rockfish species 
in the Central GOA. Under regulations, the F/V GOLDEN FLEECE is 
prohibited from directed fishing for pollock, Pacific cod, Pacific 
ocean perch, pelagic shelf rockfish, and northern rockfish in the GOA. 
These sideboard limits are necessary to protect the interests of 
fishermen who do not directly benefit from the Amendment 80 program 
from expansion into their fisheries by the program's participants.
    Groundfish sideboard limits for Amendment 80 vessels operating in 
the GOA are based on their average aggregate harvests from 1998 to 
2004. Table 16 lists the proposed 2008 and 2009 sideboard limits for 
Amendment 80 vessels. All targeted or incidental catch of sideboard 
species made by Amendment 80 vessels will be deducted from the 
sideboard limits in Table 16.

[[Page 68831]]

[GRAPHIC] [TIFF OMITTED] TP06DE07.025

    The PSC sideboard limits for Amendment 80 vessels in the GOA are 
based on the historic use of halibut PSC by Amendment 80 vessels in 
each PSC target category from 1998 through 2004 (Table 38 to 50 CFR 
part 679). These values are slightly lower than the average historic 
use to accommodate two factors: allocation of halibut PSC CQ under the 
Central GOA Rockfish Program and the exemption of the F/V GOLDEN FLEECE 
from this restriction. Table 17 lists the proposed 2008 and 2009 
halibut PSC limits for Amendment 80 vessels.

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Classification

    NMFS has determined that the proposed specifications are consistent 
with the FMP and preliminarily determined that the proposed 
specifications are consistent with the Magnuson-Stevens Act and other 
applicable laws.
    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866.
    NMFS prepared a Final EIS for this action 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). The Final EIS analyzes the environmental consequences of 
the proposed action and its alternatives on resources in the action 
area. The Final EIS found no significant environmental consequences 
from the proposed action or its alternatives.
    NMFS also prepared an Initial Regulatory Flexibility Analysis 
(IRFA) as required by Section 603 of the Regulatory Flexibility Act. 
The IRFA evaluates the impacts on small entities of alternative harvest 
strategies for the groundfish fisheries in the Exclusive Economic Zone 
(EEZ) off of Alaska. While the specification numbers may change from 
year to year, the harvest strategy for establishing those numbers 
remains the same. NMFS therefore is using the same IRFA prepared in 
connection with the EIS. NMFS published notice of the availability of 
the IRFA and its summary in the classification section of the proposed 
harvest specifications for the groundfish fisheries in the BSAI in the 
Federal Register on December 15, 2006 (71 FR 75460). The comment period 
on the BSAI proposed harvest specifications and IRFA ended on January 
16, 2007. NMFS did not receive any comments on the IRFA.
    A description of the action, why it is being considered, and the 
legal basis for this action are contained in the preamble above. This 
IRFA meets the statutory requirements of the Regulatory Flexibility Act 
of 1980, as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (5 U.S.C. 601-612). A copy of this analysis is 
available from NMFS (see ADDRESSES). A summary of the IRFA follows.
    The action under consideration is a harvest strategy to govern the 
catch of groundfish in the BSAI. The preferred alternative is the 
status quo harvest strategy in which TACs fall within the range of ABCs 
recommended by the Council's harvest specification process and TACs 
recommended by the Council. This action is taken in accordance with the 
FMP prepared by the Council pursuant to the Magnuson-Stevens Act.
    The directly regulated small entities include approximately 747 
small catcher vessels and less than 20 small catcher processors. The 
entities directly regulated by this action are those that harvest 
groundfish in the EEZ of the GOA, 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 of $4 million per year or less from all economic 
activities, including the revenue of their affiliated operations. Data 
from 2005 were the most recent available to determine the number of 
small entities.
    Estimates of first wholesale gross revenues for the GOA were used 
as indices of the potential impacts of the alternative harvest 
strategies on small entities. An index of revenues were projected to 
decline under the preferred alternative due to declines in ABCs for key 
species in the GOA. The index of revenues declined by less than 4 
percent between 2006 and 2007 and by less than one percent between 2006 
and 2008.
    The preferred alternative (Alternative 2) was compared to four 
other alternatives. These included Alternative 1, which would have set 
TACs to generate fishing rates equal to the maximum permissible ABC (if 
the full TAC were harvested), unless the sum of TACs exceeded the GOA 
OY, in which case harvests would be limited to the OY. Alternative 3 
would have set TACs to produce fishing rates equal to the most recent 
five-year average fishing rate. Alternative 4 would have set TACs to 
equal the lower limit of the GOA OY range. Alternative 5 would have set 
TACs equal to zero. Alternative 5 is the ``no action'' alternative.
    Alternatives 3, 4, and 5 were all associated with smaller levels 
for important fishery TACs than Alternative 2. Estimated total first 
wholesale gross revenues were used as an index of potential adverse 
impacts to small entities. As a consequence of the lower TAC levels, 
Alternatives 3, 4, and 5 all had smaller of these first wholesale 
revenue indices than Alternative 2.

[[Page 68833]]

Thus, Alternatives 3, 4, and 5 had greater adverse impacts on small 
entities. Alternative 1 appeared to generate higher values of the gross 
revenue index for fishing operations in the GOA than Alternative 2. A 
large part of the Alternative 1 GOA revenue appears to be due to the 
assumption that the full Alternative 1 TAC would be harvested. Much of 
the larger revenue is due to increases in flatfish TACs that were much 
greater for Alternative 1 than for Alternative 2. In recent years, 
halibut bycatch constraints in these fisheries have kept actual 
flatfish catches from reaching Alternative 1 levels. Therefore, a large 
part of the revenues associated with Alternative 1 are unlikely to 
occur. Also, Alternative 2 TACs are constrained by the ABCs the Plan 
Teams and SSC are likely to recommend to the Council on the basis of a 
full consideration of biological issues. These ABCs are often less than 
Alternative 1's 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.
    This action does not modify recordkeeping or reporting 
requirements, or duplicate, overlap, or conflict with any Federal 
rules.
    Adverse impacts on marine mammals resulting from fishing activities 
conducted under this rule are discussed in the Final EIS (see 
ADDRESSES).

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., 3631 et seq; 
Pub. L. 108-447.

    Dated: November 29, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 07-5940 Filed 12-5-07; 8:45 am]
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