[Federal Register Volume 72, Number 234 (Thursday, December 6, 2007)]
[Proposed Rules]
[Pages 68833-68856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5943]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-7689-01]
RIN 0648-XD69


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; 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 and 
prohibited species catch allowances for the groundfish fisheries of the 
Bering Sea and Aleutian Islands management area (BSAI). 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 Bering Sea and 
Aleutian Islands Management Area. 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.

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

ADDRESSES: You may submit comments, identified by ``RIN 0648-XD69,'' 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 portable document file (pdf) formats only.
    Copies of the Final Alaska Groundfish Harvest Specifications 
Environmental Impact Statement (Final EIS), Record of Decision (ROD), 
and Initial Regulatory Flexibility Analysis (IRFA) prepared for this 
action are available from NMFS at the mailing address 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 Bering Sea and Aleutian Islands (BSAI), 
dated November 2006, are available from the North Pacific Fishery 
Management Council (Council), 605 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 
at [email protected].

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 
implement the Fishery Management Plan for Groundfish of the Bering Sea 
and Aleutian Islands Management Area (FMP) and govern the groundfish 
fisheries in the BSAI. The Council prepared the FMP and NMFS approved 
it under the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). General regulations governing U.S. fisheries 
also appear at 50 CFR part 600.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species and the ``other species'' category, 
the sum of which must be within the optimum yield range of 1.4 million 
to 2.0 million metric tons (mt) (see Sec.  679.20(a)(1)(i)). Section 
679.20(c)(1) further requires NMFS to publish proposed harvest 
specifications in the Federal Register and solicit public comments on 
proposed annual TACs and apportionments thereof, prohibited species 
catch (PSC) allowances and prohibited species quota (PSQ) reserves 
established by Sec.  679.21, seasonal allowances of pollock, Pacific 
cod, and Atka mackerel TAC, Amendment 80 allocations, and Community 
Development Quota (CDQ) reserve amounts established by Sec.  
679.20(b)(1)(ii). The proposed harvest specifications set forth in 
Tables 1 through 12 of this action satisfy these requirements.
    Under Sec.  679.20(c)(3), NMFS will publish the final harvest 
specifications for 2008 and 2009 after: (1) Considering comments 
received within the comment period (see DATES), (2) consulting with the 
Council at its December 2007 meeting, and (3) considering new 
information presented in the Final EIS and the final 2007 SAFE reports 
prepared for the 2008 and 2009 groundfish fisheries.

Other Actions Potentially Affecting the 2008 and 2009 Harvest 
Specifications

    The Council is considering a proposal that would allocate the 
Pacific cod TAC by Bering Sea subarea and Aleutian Islands (AI) subarea 
instead of a combined BSAI TAC. Another proposal

[[Page 68834]]

would separate some species from the ``other rockfish'' or ``other 
species'' categories so that individual overfishing levels (OFLs), 
acceptable biological catches (ABCs), and TACs may be established for 
these species. These actions, if submitted and approved by the 
Secretary of Commerce (Secretary), could change the final 2008 and 2009 
harvest specifications. Additionally, the existing 2008 harvest 
specifications will be updated in early 2008 when final harvest 
specifications for 2008 and new harvest specifications for 2009 are 
implemented.

Proposed ABC and TAC Harvest Specifications

    The proposed ABC levels are based on the best available biological 
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 OFLs 
involves sophisticated statistical analyses of fish populations. The 
FMP specifies a successive series of six tiers based on the level of 
reliable information available to fishery scientists. Tier one 
represents the highest level of information quality available while 
tier six represents the lowest level of information quality available.
    Appendix A to the final SAFE report for the 2006 BSAI groundfish 
fisheries dated November 2006 (see ADDRESSES) sets forth the best 
information currently available. Information on the status of stocks, 
including the 2007 survey results, will be updated and considered by 
the Council's Groundfish Plan Team in November 2007 for the 2007 SAFE 
report. The final 2008 and 2009 harvest specifications will be based on 
the 2007 SAFE report.
    In October 2007, the Scientific and Statistical Committee (SSC), 
Advisory Panel, and the Council reviewed the Plan Team's recommended 
proposed 2008 and 2009 OFL and ABC amounts. The SSC concurred with the 
Plan Team's recommendations. The recommendations are based on rollovers 
of the current 2008 amounts. This uses the best information available 
from the 2006 stock assessments.
    The Council adopted the OFL and ABC amounts recommended by the SSC 
(Table 1). The Council recommended that all the proposed 2008 and 2009 
TAC amounts be set equal to the ABC amounts except for reduced TAC 
amounts for AI subarea and Bogoslof pollock, Pacific cod, Alaska 
plaice, arrowtooth flounder, rock sole, flathead sole, yellowfin sole, 
and ``other species.'' As in previous years, the Plan Team, Advisory 
Panel, SSC, and Council recommended that total removals of Pacific cod 
from the BSAI not exceed ABC recommendations. Accordingly, the Council 
recommended that the proposed 2008 and 2009 Pacific cod TACs be 
adjusted downward from the ABCs by amounts equal to 3 percent of the 
ABC. This adjustment is necessary to account for the guideline harvest 
level (GHL) established for Pacific cod by the State of Alaska (State) 
for a State-managed fishery that occurs in State waters in the AI 
subarea. Finally, the Council recommended using the 2007 and 2008 PSC 
allowances for the proposed 2008 and 2009 PSC allowances. The Council 
will reconsider the OFL, ABC, TAC, and PSC amounts in December 2007 
after the Plan Team incorporates new status of groundfish stocks 
information into a final 2007 SAFE report for the 2008 and 2009 BSAI 
groundfish fishery. None of the Council's recommended proposed TACs for 
2008 or 2009 exceeds the recommended 2008 or 2009 proposed ABC for any 
species category. NMFS finds the Council's recommended proposed 2008 
and 2009 OFL, ABC, and TAC amounts consistent with the best available 
information on the biological condition of the groundfish stocks.
    The final rule implementing Amendment 80 to the BSAI FMP was 
published in the Federal Register on September 14, 2007 (72 FR 52668). 
Amendment 80 allocates total allowable catch of specified groundfish 
species and halibut and crab PSC limits among several BSAI non-pollock 
trawl groundfish fisheries fishing sectors, and it facilitates the 
formation of harvesting cooperatives in the non-American Fisheries Act 
trawl catcher/processor sector. The Amendment 80 species are Atka 
mackerel, flathead sole, Pacific cod, rock sole, yellowfin sole, and 
Aleutian Islands Pacific ocean perch.
    The final rule implementing Amendment 85 to the FMP was published 
in the Federal Register on September 4, 2007 (72 FR 50788). Amendment 
85 revises the current allocations of BSAI Pacific cod TAC and seasonal 
apportionments among various harvest sectors and seasonal 
apportionments.
    Table 1 lists the proposed 2008 and 2009 OFL, ABC, TAC, initial TAC 
(ITAC), and CDQ amounts for groundfish for the BSAI. The proposed 
apportionment of TAC amounts among fisheries and seasons is discussed 
below.

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[GRAPHIC] [TIFF OMITTED] TP06DE07.028

Reserves and the Incidental Catch Allowance (ICA) for Pollock, Atka 
Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and Aleutian 
Islands Pacific Ocean Perch

    Section 679.20(b)(1)(i) requires the placement of 15 percent of the 
TAC for each target species or ``other species'' category, except for 
pollock, the hook-and-line and pot gear allocation of sablefish, and 
the Amendment 80 species, in a non-specified reserve. Section 
679.20(b)(1)(ii)(B) requires that 20 percent of the hook-and-line and 
pot gear allocation of sablefish be allocated to the fixed gear 
sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires that 7.5 
percent of the trawl gear allocations of sablefish and 10.7 percent of 
Bering Sea Greenland turbot and arrowtooth flounder be allocated to the 
respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that 10.7 
percent of the TACs for Atka mackerel, Aleutian Islands Pacific ocean 
perch, yellowfin sole, rock sole, flathead sole, and Pacific cod be 
allocated to the CDQ reserves. Sections 679.20(a)(5)(i)(A) and 
679.31(a) also require the allocation of 10 percent of the BSAI pollock 
TACs to the pollock CDQ directed fishing allowance (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)(3)(i)(A) requires withholding 7.5 
percent of the Chinook salmon PSC limit, 10.7 percent of the crab and 
non-Chinook salmon PSC limits, and 343 metric tons (mt) of halibut PSC 
as PSQ reserves 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 proposes 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's examination of the pollock incidental catch, including the 
incidental catch by CDQ vessels, in target fisheries other than pollock 
from 1999 through 2007. During this 9-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 9-year average of 3 percent. Pursuant to 
Sec.  679.20(a)(5)(iii)(B)(2 )(i) and (ii), NMFS proposes a pollock ICA 
of 1,600 mt for AI subarea after subtraction of the 10 percent CDQ DFA. 
This allowance is based on NMFS's examination of the pollock incidental 
catch, including the incidental catch by CDQ vessels, in target 
fisheries other than pollock from 2003 through 2007. During this 5-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 5-year average of 6 
percent.
    Pursuant to Sec.  679.20(a)(8) and (10), NMFS proposes ICAs of 
2,000 mt of flathead sole, 2,000 mt of rock sole, 2,000 mt of yellowfin 
sole, 10 mt each of Western and Central Aleutian District Pacific ocean 
perch and Atka mackerel, 100 mt of Eastern Aleutian District Pacific 
ocean perch, and 1,400 mt of Eastern Aleutian District and Bering Sea 
subarea Atka mackerel after subtraction of the 10.7 percent CDQ 
reserve. These allowances are based on NMFS's examination of the 
incidental catch in other target fisheries from 2003 through 2007.
    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, provided that such apportionments do not result in 
overfishing (see Sec.  679.20(b)(1)(ii)).

Allocations 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 10 percent 
for the CDQ program and 2.8 percent for the ICA, be allocated as a 
directed fishing allowance (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). 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 2 
lists these proposed 2008 and 2009 amounts.
    Section 679.20(a)(5)(i)(A)(4 ) also includes several specific 
requirements regarding Bering Sea subarea 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 2 lists 
the proposed 2008 and 2009 allocations of pollock TAC. Tables 9 through 
12 list the AFA catcher/processor and catcher vessel harvesting 
sideboard limits. In past years, the proposed harvest specifications 
included text and tables describing pollock allocations to the Bering 
Sea subarea inshore pollock cooperatives and open access sector. These 
allocations are based on the submission of AFA inshore cooperative 
applications due to NMFS on December 1 of each calendar year. Because 
AFA inshore cooperative applications for 2008 have not been submitted 
to NMFS, thereby preventing NMFS from calculating 2008 allocations, 
NMFS has not included inshore cooperative text and tables in these 
proposed harvest specifications. NMFS will post AFA inshore

[[Page 68837]]

cooperative allocations on the Alaska Region Web site at http://www.fakr.noaa.gov when they become available in December 2007.
    Table 2 also lists proposed seasonal apportionments of pollock and 
harvest limits within the Steller Sea Lion Conservation Area (SCA). The 
harvest of pollock within the SCA, as defined at Sec.  
679.22(a)(7)(vii), is limited to 28 percent of the DFA until April 1. 
The remaining 12 percent of the 40 percent 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 2 lists by sector these proposed 
2008 and 2009 amounts.

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Allocation of the Atka Mackerel TACs

    Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after 
subtraction of the CDQ reserves, jig gear allocation, and ICAs for the 
BSAI trawl limited access sector and non-trawl gear, to the Amendment 
80 and BSAI trawl limited access sectors. The allocation of the ITAC 
for Atka mackerel to the Amendment 80 and BSAI trawl limited access 
sectors is established in Table 33 to part 679 and Sec.  679.91.
    Pursuant to Sec.  679.20(a)(8)(i), up to 2 percent of the Eastern 
Aleutian District and 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 proposes a 0.5 percent allocation of the Atka 
mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea 
to jig gear in 2008 and 2009. Based on the proposed 2008 and 2009 TAC 
of 17,600 mt after subtractions of the CDQ reserve and ICA, the jig 
gear allocation would be 72 mt for 2008 and 2009.
    Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into 
two equal seasonal allowances. The first seasonal allowance is made 
available for directed fishing from January 1 (January 20 for trawl 
gear) to April 15 (A season), and the second seasonal allowance is made 
available from September 1 to November 1 (B season). The jig gear 
allocation is not apportioned by season.
    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.
    NMFS will establish HLA limits for the CDQ reserve and each of the 
three non-CDQ fishery categories: The BSAI trawl limited access sector; 
the Amendment 80 limited access fishery; and an aggregate HLA limit 
applicable to all Amendment 80 cooperatives. NMFS will assign vessels 
in each of the three non-CDQ fishery categories that apply to fish for 
Atka mackerel in the HLA to an HLA fishery based on a random lottery of 
the vessels that apply (see Sec.  679.20(a)(8)(iii)). There is no 
allocation of Atka mackerel to the BSAI trawl limited access sector in 
the Western Aleutian District. Therefore, no vessels in the BSAI trawl 
limited access sector will be assigned to the Western Aleutian District 
HLA fishery.
    Each trawl sector will have a separate lottery. A maximum of two 
HLA fisheries will be established in Area 542 for the BSAI trawl 
limited access sector. A maximum of four HLA fisheries will be 
established for vessels assigned to Amendment 80 cooperatives: A first 
and second HLA fishery in Area 542, and a first and second HLA fishery 
in Area 543. A maximum of four HLA fisheries will be established for 
vessels assigned to the Amendment 80 limited access fishery: A first 
and second HLA fishery in Area 542, and a first and second HLA fishery 
in Area 543. NMFS will initially open fishing for the first HLA fishery 
in all three fishery categories at the same time. The initial opening 
of fishing in the HLA will be based on the first directed fishing 
closure of Atka mackerel for the Eastern Aleutian District and Bering 
Sea subarea allocation for any one of the three fishery categories 
allocated Atka mackerel TAC.

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[[Page 68841]]



Allocation of the Pacific Cod TAC

    Section 679.20(a)(7)(i) and (ii) requires that the Pacific cod TAC 
in the BSAI, after subtraction of 10.7 percent for the CDQ program, be 
allocated as follows: 1.4 percent to vessels using jig gear, 2.0 
percent to hook-and-line and pot catcher vessels less than 60 ft (18.3 
m) length overall (LOA), 0.2 percent to hook-and-line catcher vessels 
greater than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-
line catcher/processors, 8.4 percent to pot catcher vessels greater 
than or equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/
processors, 2.3 percent to AFA trawl catcher/processors, 13.4 percent 
to non-AFA trawl catcher/processors, and 22.1 percent to trawl catcher 
vessels. The ICA for the hook-and-line and pot sectors will be deducted 
from the aggregate portion of Pacific cod TAC allocated to the hook-
and-line and pot sectors. The Regional Administrator proposes an ICA of 
500 mt for 2008 and 2009 based on anticipated incidental catch in these 
fisheries. The allocation of the ITAC for Pacific cod to the Amendment 
80 sector is established in Table 33 to part 679 and Sec.  679.91.
    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) and 679.23(e)(5)). In accordance with Sec.  
679.20(a)(7)(iv)(B) and (C), any unused portion of a seasonal Pacific 
cod allowance will become available at the beginning of the next 
seasonal allowance.
    Pursuant to Sec. Sec.  679.20(a)(7)(i)(B) and 679.23(e)(5), the CDQ 
season allowances by gear are as follows: for most hook-and-line 
catcher/processors and hook-and-line catcher vessels greater than or 
equal to 60 ft (18.3 m) LOA, 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 to December 31. No seasonal harvest 
constraints are imposed on the Pacific cod fishery for pot gear or 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line 
gear. For trawl gear, the first season is January 20 to April 1 and is 
allocated 60 percent of the ITAC. The second season, April 1 to June 
10, and the third season, June 10 to November 1, are each allocated 20 
percent of the ITAC. The trawl catcher vessel allocation is further 
allocated as 70 percent in the first season, 10 percent in the second 
season, and 20 percent in the third season. The trawl catcher/processor 
allocation is allocated 50 percent in the first season, 30 percent in 
the second season, and 20 percent in the third season. For jig gear, 
the first and third seasonal allowances are each allocated 40 percent 
of the ITAC, and the second seasonal allowance is allocated 20 percent 
of the ITAC.
    Pursuant to Sec. Sec.  679.20(a)(7)(iv)(A) and 679.23(e)(5), the 
non-CDQ season allowances by gear are as follows. For hook-and-line and 
pot catcher/processors and hook-and-line and pot vessels greater than 
or equal to 60 ft (18.3 m) LOA, the first seasonal allowance of 51 
percent of the ITAC is made available for directed fishing from January 
1 to June 10, and the second seasonal allowance of 49 percent of the 
ITAC is made available from June 10 (September 1 for pot gear) to 
December 31. No seasonal harvest constraints are imposed on the Pacific 
cod fishery for catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear. For trawl gear, the first season is January 
20 to April 1, the second season is April 1 to June 10, and the third 
season is June 10 to November 1. The trawl catcher vessel allocation is 
further allocated as 74 percent in the first season, 11 percent in the 
second season, and 15 percent in the third season. The trawl catcher/
processor allocation is allocated 75 percent in the first season, 25 
percent in the second season, and zero percent in the third season. For 
jig gear, the first seasonal allowance is allocated 60 percent of the 
ITAC, and the second and third seasonal allowances are each allocated 
20 percent of the ITAC. Table 4 lists the proposed 2008 and 2009 
allocations and seasonal apportionments of the Pacific cod TAC.

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[[Page 68843]]



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 gear 
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)(ii)(B) requires apportionment of 20 percent of the hook-
and-line and pot gear allocation of sablefish to the CDQ reserve. 
Additionally, Sec.  679.20(b)(1)(ii)(D) requires apportionment of 7.5 
percent of the trawl 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 2008 fishing year to ensure those fisheries are 
conducted concurrently 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 would remain closed at the beginning of each fishing year 
until the final harvest specifications for the sablefish IFQ fisheries 
are in effect. Table 5 lists the proposed 2008 and 2009 gear 
allocations of the sablefish TAC and CDQ reserve amounts.
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Allocation of the Aleutian Islands Pacific Ocean Perch, Flathead Sole, 
Rock Sole, and Yellowfin Sole TACs

    Sections 679.20(a)(10)(i) and (ii) require the allocation of the 
Aleutian Islands Pacific ocean perch, flathead sole, rock sole, and 
yellowfin sole TACs in the BSAI, after subtraction of 10.7 percent for 
the CDQ reserve and an ICA for the BSAI trawl limited access sector and 
vessels using non-trawl gear. The allocation of the ITAC for Aleutian 
Islands Pacific ocean perch, flathead sole, rock sole, and yellowfin 
sole to the Amendment 80 sector is established in Tables 33 and 34 to 
part 679 and Sec.  679.91. Table 6 lists the proposed 2008 and 2009 
allocations and seasonal apportionments of the Aleutian Islands Pacific 
ocean perch, flathead sole, rock sole, and yellowfin sole TACs.

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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)(iv) and (e)(2), the 2008 and 2009 BSAI halibut mortality 
limits are 3,675 mt for trawl fisheries and 900 mt for the non-trawl 
fisheries. Sections 679.21(e)(3)(i) and (e)(4)(i)(A) allocate 276 mt of 
the trawl halibut mortality and 7.5 percent, or 67 mt, of the non-trawl 
halibut mortality limit as the prohibited species quota (PSQ) reserve 
for use by the groundfish CDQ program. Section 679.21(e)(1)(vii) 
specifies 29,000 fish as the 2008 and 2009 Chinook salmon PSC limit for 
the Bering Sea subarea pollock fishery. Section 
679.21(e)(3)(i)(A)(3)(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 2008 and 2009 Chinook salmon 
PSC limit for the AI subarea pollock fishery. Section 
679.21(e)(3)(i)(A)(3)(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 2008 and 2009 non-Chinook salmon PSC 
limit. Section 679.21(e)(3)(i)(A)(3)(ii) allocates 10.7 percent, or 
4,494 non-Chinook salmon, as the PSQ for the CDQ program and allocates 
the remaining 37,506 non-Chinook salmon to the non-CDQ fisheries.
    PSC limits for crab and herring are specified annually based on 
abundance and spawning biomass. Due to the lack of new information as 
of October 2007 regarding PSC limits and apportionments, the Council 
recommended and NMFS proposes using the crab and herring 2007 and 2008 
PSC limits and apportionments for the proposed 2008 and 2009 limits and 
apportionments. The Council will reconsider these amounts in December 
2007, based on recommendations by the Plan Team and the SSC. Pursuant 
to Sec.  679.21(e)(3)(i)(A)(1), 10.7 percent of each PSC limit 
specified for crab is allocated as a PSQ reserve for use by the 
groundfish CDQ program.
    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 at 157 million pounds (71,215 mt). Based 
on the criteria set out at Sec.  679.21(e)(1)(ii), the proposed 2008 
and 2009 PSC limit of red king crab in Zone 1 for trawl gear is 197,000 
animals. This limit derives from the mature female abundance estimate 
of more than 8.4 million king crab and the effective spawning biomass 
estimate of more than 55 million pounds (24,948 mt).
    Section 679.21(e)(3)(ii)(B)(2) 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 25 percent of the red king crab PSC allowance based on the need 
to optimize the groundfish harvest relative to red king crab bycatch. 
NMFS proposes the Council's recommendation that the red king crab 
bycatch limit be equal to 25 percent of the red king crab PSC allowance 
within the RKCSS (Table 7b).
    Based on 2006 survey data, Tanner crab (Chionoecetes bairdi) 
abundance is estimated at 866 million animals. Given the criteria set 
out at Sec.  679.21(e)(1)(iii), the calculated 2008 and 2009 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 derive from the C. bairdi 
crab abundance

[[Page 68845]]

estimate of more than 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)(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 2008 and 2009 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 proposed for 2008 and 2009 is 1,787 mt 
for all trawl gear as presented in Tables 7a and b.
    Section 679.21(e)(3) requires, after subtraction of PSQ reserves, 
that crab and halibut trawl PSC be apportioned between the BSAI trawl 
limited access and Amendment 80 sectors as presented in Table 7a. The 
amount of 2008 and 2009 PSC assigned to the Amendment 80 sector is 
specified in Table 35 to part 679. Pursuant to Sec.  679.21(e)(1)(iv) 
and Sec.  679.91(d) through (f), crab and halibut trawl PSC assigned to 
the Amendment 80 sector is then sub-allocated to Amendment 80 
cooperatives as PSC cooperative quota (CQ) and to the Amendment 80 
limited access fishery as presented in Tables 7d and e. PSC CQ assigned 
to Amendment 80 cooperatives is not allocated to specific fishery 
categories. Section 679.21(e)(3)(i)(B) requires the apportionment of 
each trawl PSC limit not assigned to Amendment 80 cooperatives into PSC 
bycatch allowances for seven specified fishery categories.
    Section 679.21(e)(4)(i)(B) requires the apportionment of halibut to 
the non-trawl fishery categories based on each category's proportional 
share of the anticipated bycatch mortality of halibut during a fishing 
year and the need to optimize the amount of total groundfish harvested 
under the non-trawl halibut PSC limits. Section 679.21(e)(4)(ii) 
authorizes the apportionment of the non-trawl halibut PSC limit into 
PSC bycatch allowances among six fishery categories. Table 7c lists the 
fishery bycatch allowances for the BSAI trawl limited access and non-
trawl fisheries.
    Section 679.21(e)(4)(ii) also authorizes the exemption of specified 
non-trawl fisheries from the halibut PSC limit. As in past years after 
consultation with the Council, NMFS proposes to exempt 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-size 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 2007, total groundfish catch for the pot gear fishery in the BSAI 
was approximately 19,916 mt, with an associated halibut bycatch 
mortality of about 1 mt. The 2007 jig gear fishery harvested about 89 
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 for the 
BSAI trawl limited access and Amendment 80 limited access sectors in 
order to maximize the ability of the fleet to harvest the available 
groundfish TAC and to minimize bycatch. The factors to be considered 
are (1) seasonal distribution of prohibited species, (2) seasonal 
distribution of target groundfish species, (3) PSC bycatch needs on a 
seasonal basis relevant to prohibited species biomass, (4) expected 
variations in bycatch rates throughout the year, (5) expected start of 
fishing effort, and (6) economic effects of seasonal PSC apportionments 
on industry sectors. NMFS proposes the Council's recommendation of the 
seasonal PSC apportionments in Tables 7c and 7e to maximize harvest 
among gear types, fisheries, and seasons while minimizing bycatch of 
PSC based on the above criteria.

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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.
    NMFS proposes the Council's recommendation that the halibut DMRs 
developed and recommended by the International Pacific Halibut 
Commission (IPHC) for the 2008 and 2009 BSAI groundfish fisheries be 
used for monitoring the proposed 2008 and 2009 halibut bycatch 
allowances (see Tables 7a-e). The DMRs proposed for the 2008 and 2009 
BSAI non-CDQ fisheries are the same as those used in 2007. The IPHC 
developed the DMRs for the 2008 and 2009 BSAI non-CDQ groundfish 
fisheries using the 10-year mean DMRs for those fisheries. The IPHC 
changed the DMRs for the 2008 and 2009 BSAI CDQ groundfish fisheries 
using the 1998 to 2006 DMRs for those fisheries. The IPHC will analyze 
observer data annually and recommend changes to the DMRs when a fishery 
DMR shows large variation from the mean. A copy of the document 
justifying these DMRs is available from the Council (see ADDRESSES) and 
the DMRs are discussed in Appendix A of the final 2006 SAFE report 
dated November 2006. Table 8 lists the proposed 2008 and 2009 DMRs.

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[[Page 68850]]



Central Gulf of Alaska Rockfish Pilot Program (Rockfish program)

    The Council adopted the Rockfish program to meet the requirements 
of Section 802 of the Consolidated Appropriations Act of 2004 (Public 
Law 108-199) on June 6, 2005. The basis for the BSAI fishing 
prohibitions and the catcher vessel BSAI Pacific cod sideboard limits 
of the Rockfish program are discussed in detail in final rule for 
Amendment 68 to the FMP for Groundfish of the GOA (71 FR 67210, 
November 20, 2006). Pursuant to Sec.  679.82(d)(6)(i), the proposed 
catcher vessel BSAI Pacific cod sideboard limit would be 0.0 mt, and in 
the final 2008 and 2009 harvest specifications this would effectively 
close directed fishing for BSAI Pacific cod in July for catcher vessels 
under the Rockfish program sideboard limitations.

Listed AFA Catcher/Processor Sideboard Limits

    Pursuant to Sec.  679.64(a), the Regional Administrator is 
responsible for restricting 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. Table 9 lists the proposed 2008 and 2009 
catcher/processor sideboard limits. The basis for these proposed 
sideboard limits is described in detail in the final rules implementing 
the major provisions of the AFA (67 FR 79692, December 30, 2002) and 
Amendment 80 (72 FR 52668, September 14, 2007).
    All harvests of groundfish sideboard species by listed AFA catcher/
processors, whether as targeted catch or incidental catch, will be 
deducted from the proposed sideboard limits in Table 9. However, 
groundfish sideboard species that are delivered to listed AFA catcher/
processors by catcher vessels will not be deducted from the proposed 
2008 and 2009 sideboard limits for the listed AFA catcher/processors.

[[Page 68851]]

[GRAPHIC] [TIFF OMITTED] TP06DE07.041

    Section 679.64(a)(2) and Tables 40 and 41 to part 679 establish a 
formula for PSC sideboard limits for listed AFA catcher/processors. The 
basis for these sideboard limits is described in detail in the final 
rules implementing the major

[[Page 68852]]

provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 
(72 FR 52668, September 14, 2007).
    PSC species listed in Table 10 that are caught by listed AFA 
catcher/processors participating in any groundfish fishery other than 
pollock will accrue against the proposed 2008 and 2009 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 proposed 2008 or 2009 
PSC sideboard limit listed in Table 10 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 according to regulations at Sec.  
679.21(e)(3)(iv).
[GRAPHIC] [TIFF OMITTED] TP06DE07.043

AFA Catcher Vessel Sideboard Limits

    Pursuant to Sec.  679.64(b), the Regional Administrator is 
responsible for restricting 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 formulas 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 
rules implementing the major provisions of the AFA (67 FR 79692, 
December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). 
Tables 11 and 12 list the proposed 2008 and 2009 AFA catcher vessel 
sideboard limits.
    All catch of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or as incidental catch, will 
be deducted from the proposed 2008 and 2009 sideboard limits listed in 
Table 11.

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[[Page 68854]]


[GRAPHIC] [TIFF OMITTED] TP06DE07.045

    Halibut and crab PSC listed in Table 12 that are caught by AFA 
catcher vessels participating in any groundfish fishery other than 
pollock will accrue against the proposed 2008 and 2009 PSC sideboard 
limits for the AFA catcher vessels. Sections 679.21(d)(8) and (e)(3)(v) 
authorize NMFS to close directed fishing for groundfish other than 
pollock for AFA catcher vessels once a proposed 2008 and 2009 PSC 
sideboard limit listed in Table 12 is reached. The PSC 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).

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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 810 
small catcher vessels, fewer than 20 small catcher/processors, and six 
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 their annual gross receipts

[[Page 68856]]

from all economic activities, including the revenue of their affiliated 
operations, totaled $4 million per year or less. Data from 2005 were 
the most recent available to determine the number of small entities.
    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 economically key 
groundfish species.
    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 BSAI 
optimum yield, in which case TACs would have been limited to the 
optimum yield. Alternative 3 would have set TACs to produce fishing 
rates equal to the most recent five-year average fishing rates. 
Alternative 4 would have set TACs to equal the lower limit of the BSAI 
optimum yield range. Alternative 5 would have set TACs equal to zero. 
Alternative 5 is the ``no action'' alternative.
    Alternatives 3, 4, and 5 produced smaller first wholesale revenue 
indices for both non-CDQ and CDQ sectors than Alternative 2. 
Alternative 1 revenues were the same as Alternative 2 revenues in the 
BSAI for both sectors. Moreover, higher Alternative 1 TACs are 
associated with maximum permissible ABCs, while Alternative 2 TACs are 
associated with the ABCs that have been recommended to the Council by 
the Plan Team and the SSC, and more fully consider other potential 
biological issues. 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 these harvest specifications 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. 07-5943 Filed 12-5-07; 8:45 am]
BILLING CODE 3510-22-P