[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Rules and Regulations]
[Pages 10160-10184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3512]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XD69


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; Final 2008 and 2009 Harvest Specifications for 
Groundfish

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

ACTION: Final rule; closures.

-----------------------------------------------------------------------

SUMMARY: NMFS announces final 2008 and 2009 harvest specifications and 
prohibited species catch allowances for the groundfish fishery of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to establish harvest limits for groundfish during the 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 (FMP). The intended effect of this 
action is to conserve and manage the groundfish resources in the BSAI 
in accordance with the Magnuson-Stevens Fishery Conservation and 
Management Act.

DATES: The final 2008 and 2009 harvest specifications and associated 
apportionment of reserves are effective at 1200 hrs, Alaska local time 
(A.l.t.), February 26, 2008, through 2400 hrs, A.l.t., December 31, 
2009.

ADDRESSES: Copies of the Final Alaska Groundfish Harvest Specifications 
Environmental Impact Statement (EIS), Record of Decision (ROD), 
Supplementary Information Report (SIR) to the EIS, and Final Regulatory 
Flexibility Analysis (FRFA) prepared for this action are available on 
the Alaska Region Web site at http://www.fakr.noaa.gov. Printed copies 
can be obtained from the Alaska Region, NMFS, P.O. Box 21668, Juneau, 
AK 99802, Attn: Ellen Sebastian. Copies of the 2007 Stock Assessment 
and Fishery Evaluation (SAFE) report for the groundfish resources of 
the Bering Sea and Aleutian Islands management area (BSAI) dated 
November 2007, are available from the North Pacific Fishery Management 
Council, West 4th Avenue, Suite 306, Anchorage, AK 99510-2252, phone 
907-271-2809, or from its Web site at http://www.fakr.noaa.gov/npfmc.

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

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 
implement the FMP and govern the groundfish fisheries in the BSAI. The 
North Pacific Fishery Management Council (Council) prepared the FMP, 
and NMFS approved it under the 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 the total allowable catch 
(TAC) for each target species and for the ``other species'' category, 
and the sum must be within the optimum yield (OY) range of 1.4 million 
to 2.0 million metric tons (mt) (see 50 CFR ( 679.20(a)(1)(i)). NMFs 
also must specify apportionments of TACs, Community Development Quota 
(CDQ) reserve amounts, prohibited species catch (PSC) allowances, and 
prohibited species quota (PSQ) reserve amounts. The final harvest 
specifications listed in Tables 1 through 16 of this action satisfy 
these requirements. The sum of TACs for 2008 is 1,838,345 mt and for 
2009 is 1,814,204 mt.
    Section 679.20(c)(3) further requires NMFS to consider public 
comment on the proposed annual TACs and apportionments thereof and the 
proposed PSC allowances, and to publish final harvest specifications in 
the Federal Register. The proposed 2008 and 2009 harvest specifications 
and PSC allowances for the groundfish fishery of the BSAI were 
published in the Federal Register on December 6, 2007 (72 FR 68833). 
Comments were invited and accepted through January 7, 2008. NMFS 
received two letters with several comments on the proposed harvest 
specifications. These comments are summarized and responded to in the 
Response to Comments section of this rule. NMFS consulted with the 
Council on the final 2008 and 2009 harvest specifications during the 
December 2007 Council meeting in Anchorage, AK. After considering 
public comments, as well as biological and economic data that were 
available at the Council's December meeting, NMFS is implementing the 
final 2008 and 2009 harvest specifications as recommended by the 
Council.

Acceptable Biological Catch (ABC) and TAC Harvest Specifications

    The final ABC levels are based on the best available biological and 
socioeconomic information, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
technical methods used to calculate stock biomass. In general, the 
development of ABCs and overfishing levels (OFLs) involves 
sophisticated statistical analyses of fish populations and is based on 
a successive series of six levels, or tiers, of the reliability of the 
information available to fishery scientists. Tier 1 represents the 
highest level of data quality available and tier 6 the lowest.
    In December 2007, the Scientific and Statistical Committee (SSC), 
Advisory Panel (AP), and Council reviewed current biological 
information about the condition of the BSAI groundfish stocks. The 
Council's Plan Team compiled and presented this information in the 2007 
SAFE report for the BSAI groundfish fisheries, dated November 2007. The 
SAFE report contains a review of the latest scientific analyses and 
estimates of each species' biomass and other biological parameters, as 
well as summaries of the available information on the BSAI ecosystem 
and the economic condition of groundfish fisheries off Alaska. The SAFE 
report is available for public review (see

[[Page 10161]]

ADDRESSES). From these data and analyses, the Plan Team estimates an 
OFL and ABC for each species or species category.
    In December 2007, the SSC, AP, and Council reviewed the Plan Team's 
recommendations. Except for BSAI Pacific cod and the ``other species'' 
category, the SSC, AP, and Council endorsed the Plan Team's ABC 
recommendations. For 2008 and 2009, the SSC recommended higher Pacific 
cod OFLs and ABCs than the OFLs and ABCs recommended by the Plan Team. 
For BSAI Pacific cod, the SSC recommended using the 2007 ABC and OFL 
for 2008 and 2009 based on the upward trend of the spawning biomass. 
For ``other species,'' the SSC recommended using tier 5 management for 
skate species resulting in higher ABCs than the Plan Team's recommended 
tier 3 management. For tier 3 the SSC was concerned with the fit of the 
stock assessment model to survey biomass trends and growth. The SSC 
provided 2008 and 2009 ABC and OFL amounts by summing up individual 
species' ABCs in the ``other species'' category since the current FMP 
specifies management at the group level. The AP endorsed the ABCs 
recommended by the SSC, and the Council adopted them.
    The Plan Team, SSC, AP, and Council recommended that total removals 
of Pacific cod from the BSAI not exceed ABC recommendations. In 2007, 
the Board of Fisheries for the State of Alaska (State) established a 
guideline harvest level (GHL) west of 170 degrees west longitude in the 
AI subarea equal to 3 percent of the Pacific cod ABC in the BSAI. 
Accordingly, the Council recommended that the 2008 and 2009 Pacific cod 
TACs be adjusted downward from the ABCs by amounts equal to the 2008 
and 2009 GHLs.
    The final TAC recommendations were based on the ABCs as adjusted 
for other biological and socioeconomic considerations, including 
maintaining the sum of the TACs within the required OY range of 1.4 
million to 2.0 million mt. Except for BSAI yellowfin sole, arrowtooth 
flounder, and ``other species,'' the Council adopted the AP's 2008 and 
2009 TAC recommendations. The Council increased the yellowfin sole TAC 
as a result of a decrease in pollock TAC. The Council increased the 
arrowtooth flounder TAC to provide for incidental catch in other 
fisheries, and the Council decreased the ``other species'' TAC to 
provide enough TAC for incidental catch, but not for a directed 
fishery. None of the Council's recommended TACs for 2008 or 2009 
exceeds the final 2008 or 2009 ABCs for any species category. The 2008 
and 2009 harvest specifications approved by the Secretary of Commerce 
(Secretary) are unchanged from those recommended by the Council and are 
consistent with the preferred harvest strategy alternative in the EIS. 
The 2008 and 2009 TACs are equal to or less than the ABCs recommended 
by the Council's Plan Teams and SSC. NMFS finds that the recommended 
OFLs, ABCs, and TACs are consistent with the biological condition of 
groundfish stocks as described in the 2007 SAFE report that was 
approved by the Council.

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 AI subarea instead of a 
combined BSAI TAC. Another proposal would separate some species from 
the ``other rockfish'' or ``other species'' categories so that 
individual OFLs, ABCs, and TACs may be established for these species. 
These actions, if submitted to and approved by the Secretary, could 
change the final 2008 and 2009 harvest specifications.

Changes From the Proposed 2008 and 2009 Harvest Specifications in the 
BSAI

    In October 2007, the Council made its recommendations for the 
proposed 2008 and 2009 harvest specifications (72 FR 68833, December 6, 
2007) based largely on information contained in the 2006 SAFE report 
for the BSAI groundfish fisheries. The 2007 SAFE report, which was not 
available when the Council made its recommendations in October 2007, 
contains the best and most recent scientific information on the 
condition of the groundfish stocks. In December 2007, the Council 
considered the 2007 SAFE report in making its recommendations for the 
final 2008 and 2009 harvest specifications. Based on the 2007 SAFE 
report, the sum of the 2008 and 2009 recommended final TACs for the 
BSAI (1,838,345 mt for 2008 and 1,814,204 mt for 2009) is lower than 
the sum of the proposed 2008 and 2009 TACs (2,000,000 mt for each 
year). Compared to the proposed 2008 and 2009 harvest specifications, 
the Council's final TAC recommendations increase fishing opportunities 
for fishermen and economic benefits to the nation for species for which 
the Council had sufficient information to raise TAC levels. These 
species include BSAI Atka mackerel, flathead sole, Pacific cod, 
yellowfin sole, other flatfish, arrowtooth flounder, Greenland turbot, 
and northern rockfish. The Council also reduced TAC levels to provide 
greater protection for several species including Bering Sea subarea 
pollock, sablefish, Alaska plaice, and other species. The changes in 
the final rule from the proposed rule are based on the most recent 
scientific information and implement the harvest strategy described in 
the proposed rule for the harvest specifications and are compared in 
the following table:

                             Comparison of Final 2008 and 2009 With Proposed 2008 and 2009 Total Allowable Catch in the BSAI
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             2008      2008 final                   2009      2009 final
                   Species                               Area\1\             2008 final    proposed      minus      2009 final    proposed      minus
                                                                                TAC          TAC        proposed       TAC          TAC        proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock......................................  BS.........................    1,000,000    1,318,000     -318,000    1,000,000    1,318,000     -318,000
                                               AI.........................       19,000       19,000            0       19,000       19,000            0
                                               Bogoslof...................           10           10            0           10           10            0
Pacific cod..................................  BSAI.......................      170,720      127,070       43,650      170,720      127,070       43,650
Sablefish....................................  BS.........................        2,860        2,970         -110        2,610        2,970         -360
                                               AI.........................        2,440        2,800         -360        2,230        2,800         -570
Atka mackerel................................  EAI/BS.....................       19,500       17,600        1,900       15,300       17,600       -2,300
                                               CAI........................       24,300       22,000        2,300       19,000       22,000       -3,000
                                               WAI........................       16,900       15,300        1,600       13,200       15,300       -2,100
Yellowfin sole...............................  BSAI.......................      225,000      150,000       75,000      205,000      150,000       55,000
Rock sole....................................  BSAI.......................       75,000       75,000            0       75,000       75,000            0
Greenland turbot.............................  BS.........................        1,750        1,720           30        1,750        1,720           30

[[Page 10162]]

 
                                               AI.........................          790          770           20          790          770           20
Arrowtooth flounder..........................  BSAI.......................       75,000       30,000       45,000       75,000       30,000       45,000
Flathead sole................................  BSAI.......................       50,000       45,000        5,000       50,000       45,000        5,000
Other flatfish...............................  BSAI.......................       21,600       21,400          200       21,600       21,400          200
Alaska plaice................................  BSAI.......................       50,000       60,000      -10,000       50,000       60,000      -10,000
Pacific ocean perch..........................  BS.........................        4,200        4,080          120        4,100        4,080           20
                                               EAI........................        4,900        4,900            0        4,810        4,900          -90
                                               CAI........................        4,990        5,000          -10        4,900        5,000         -100
                                               WAI........................        7,610        7,620          -10        7,490        7,620         -130
Northern rockfish............................  BSAI.......................        8,180        8,150           30        8,130        8,150          -20
Shortraker rockfish..........................  BSAI.......................          424          424            0          424          424            0
Rougheye rockfish............................  BSAI.......................          202          202            0          202          202            0
Other rockfish...............................  BS.........................          414          414            0          414          414            0
                                               AI.........................          585          585            0          554          585          -31
Squid........................................  BSAI.......................        1,970        1,970            0        1,970        1,970            0
Other species................................  BSAI.......................       50,000       58,015       -8,015       60,000       58,015        1,985
--------------------------------------------------------------------------------------------------------------------------------------------------------
    TOTAL....................................  BSAI.......................    1,838,345    2,000,000     -161,655    1,814,204    2,000,000     -185,796
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands Management Area (BSAI), Eastern Aleutian District (EAI),
  Central Aleutian District (CAI), and Western Aleutian District (WAI).

    The final 2008 and 2009 TAC recommendations for the BSAI are within 
the OY range established for the BSAI and do not exceed ABCs for any 
single species or complex. Table 1 lists the final 2008 and 2009 OFL, 
ABC, TAC, initial TAC (ITAC), and CDQ reserve amounts of the BSAI 
groundfish. The apportionment of TAC amounts among fisheries and 
seasons is discussed below.
    As mentioned in the proposed 2008 and 2009 harvest specifications, 
NMFS is apportioning the amounts shown in Table 2 from the non-
specified reserve to increase the initial ITAC of several target 
species.
    The final harvest specifications for 2008 and 2009 also include 
specifications consistent with two new FMP amendments. 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 among 
various harvest sectors and seasonal apportionments. Also, Amendment 85 
divides the halibut PSC allowance annually specified for the hook-and-
line Pacific cod fishery between the hook-and-line catcher/processor 
and catcher vessel sectors.

  Table 1.--2008 and 2009 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ Reserve Allocation of Groundfish in the BSAI\1\
                                                                                  [Amounts are in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     2008                                                        2009
                  Species                                Area            -----------------------------------------------------------------------------------------------------------------------
                                                                              OFL         ABC         TAC      ITAC \2\     CDQ \3\       OFL         ABC         TAC      ITAC \2\     CDQ \3\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \3\................................  BS \2\.....................   1,440,000   1,000,000   1,000,000     900,000     100,000   1,320,000   1,000,000   1,000,000     900,000     100,000
                                             AI \2\.....................      34,000      28,200      19,000      17,100       1,900      26,100      22,700      19,000      17,100       1,900
                                             Bogoslof...................      58,400       7,970          10          10           0      58,400       7,970          10          10           0
Pacific cod \4\............................  BSAI.......................     207,000     176,000     170,720     152,453      18,267     207,000     176,000     170,720     152,453      18,267
Sablefish \5\..............................  BS.........................       3,380       2,860       2,860       2,360         393       2,910       2,610       2,610       1,109          98
                                             AI.........................       2,890       2,440       2,440       1,853         412       2,510       2,230       2,230         474          42
Atka mackerel..............................  BSAI.......................      71,400      60,700      60,700      54,205       6,495      50,600      47,500      47,500      42,418       5,083
                                             EAI/BS.....................         n/a      19,500      19,500      17,414       2,087         n/a      15,300      15,300      13,663       1,637
                                             CAI........................         n/a      24,300      24,300      21,700       2,600         n/a      19,000      19,000      16,967       2,033
                                             WAI........................         n/a      16,900      16,900      15,092       1,808         n/a      13,200      13,200      11,788       1,412
Yellowfin sole.............................  BSAI.......................     265,000     248,000     225,000     200,925      24,075     296,000     276,000     205,000     183,065      21,935
Rock sole..................................  BSAI.......................     304,000     301,000      75,000      66,975       8,025     379,000     375,000      75,000      66,975       8,025
Greenland turbot...........................  BSAI.......................      15,600       2,540       2,540       2,159         n/a      16,000       2,540       2,540       2,159         n/a
                                             BS.........................         n/a       1,750       1,750       1,488         187         n/a       1,750       1,750       1,488         187
                                             AI.........................         n/a         790         790         672           0         n/a         790         790         672           0
Arrowtooth flounder........................  BSAI.......................     297,000     244,000      75,000      63,750       8,025     300,000     246,000      75,000      63,750       8,025
Flathead sole..............................  BSAI.......................      86,000      71,700      50,000      44,650       5,350      83,700      69,700      50,000      44,650       5,350
Other flatfish \6\.........................  BSAI.......................      28,800      21,600      21,600      18,360           0      28,800      21,600      21,600      18,360           0

[[Page 10163]]

 
Alaska plaice..............................  BSAI.......................     248,000     194,000      50,000      42,500           0     277,000     217,000      50,000      42,500           0
Pacific ocean perch........................  BSAI.......................      25,700      21,700      21,700      19,198         n/a      25,400      21,300      21,300      18,845         n/a
                                             BS.........................         n/a       4,200       4,200       3,570           0         n/a       4,100       4,100       3,485           0
                                             EAI........................         n/a       4,900       4,900       4,376         524         n/a       4,810       4,810       4,295         515
                                             CAI........................         n/a       4,990       4,990       4,456         534         n/a       4,900       4,900       4,376         524
                                             WAI........................         n/a       7,610       7,610       6,796         814         n/a       7,490       7,490       6,689         801
Northern rockfish..........................  BSAI.......................       9,740       8,180       8,180       6,953           0       9,680       8,130       8,130       6,911           0
Shortraker rockfish........................  BSAI.......................         564         424         424         360           0         564         424         424         360           0
Rougheye rockfish..........................  BSAI.......................         269         202         202         172           0         269         202         202         172           0
Other rockfish \7\.........................  BSAI.......................       1,330         999         999         849           0       1,290         968         968         823           0
                                             BS.........................         n/a         414         414         352           0         n/a         414         414         352           0
                                             AI.........................         n/a         585         585         497           0         n/a         554         554         471           0
Squid......................................  BSAI.......................       2,620       1,970       1,970       1,675           0       2,620       1,970       1,970       1,675           0
Other species \8\..........................  BSAI.......................     104,000      78,100      50,000      42,500           0     104,000      78,100      60,000      51,000           0
                                                                         -----------------------------------------------------------------------------------------------------------------------
    Total..................................  ...........................   3,205,693   2,472,585   1,838,345   1,639,009     174,989   3,191,843   2,557,944   1,814,204   1,597,810     170,751
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS)
  subarea includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species, 15 percent of each TAC is put into a reserve. The ITAC for these
  species is the remainder of the TAC after the subtraction of these reserves.
\3\ Under Sec.   679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental
  catch allowance (3.5 percent), is further allocated by sector for a directed pollock fishery as follows: inshore-50 percent; catcher/processor-40 percent; and motherships-10 percent. Under
  Sec.   679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the
  incidental catch allowance (1,600 mt) is allocated to the Aleut Corporation for a directed pollock fishery.
\4\ The Pacific cod TAC is reduced by three percent from the ABC to account for the State of Alaska's (State) guideline harvest level in State waters of the Aleutian Islands subarea.
\5\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7 percent of the TAC is reserved for use
  by CDQ participants (see Sec.  Sec.   679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC
  allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec.   679.20(b)(1)(ii)(B) and
  (D)). Aleutian Islands Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, ``other rockfish,''
  squid, and ``other species'' are not allocated to the CDQ program.
\6\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder, and Alaska
  plaice.
\7\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
\8\ ``Other species'' includes sculpins, sharks, skates, and octopus. Forage fish, as defined at Sec.   679.2, are not included in the ``other species'' category.

Non-specified Reserves, CDQ Reserves, and the Incidental Catch 
Allowance (ICA) for Pollock, Sablefish, 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 allocation 
of 7.5 percent of the trawl gear allocations of sablefish and 10.7 
percent of the Bering Sea Greenland turbot and arrowtooth flounder TACs 
to the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires 
allocation of 10.7 percent of the TACs for Atka mackerel, Aleutian 
Islands Pacific Ocean perch, yellowfin sole, rock sole, flathead sole, 
and Pacific cod to the CDQ reserves. Sections 679.20(a)(5)(i)(A), 
(a)(5)(iii)(B)(2)(i), (b)(1)(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 679.20(a)(5)(ii) and (b)(1)(ii)(A)(2)). 
With the exception of the hook-and-line and pot gear sablefish CDQ 
reserve, the regulations do not further apportion the CDQ allocations 
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, 
respectively.
    Pursuant to 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock ICA of 
3.5 percent of the Bering Sea subarea pollock TAC after subtraction of 
the 10 percent CDQ reserve. This allowance is based on NMFS' 
examination of the pollock incidental catch, including the incidental 
catch by CDQ vessels, in target fisheries other than pollock from 1999 
through 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 
679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS recommends a pollock ICA of 
1,600 mt for the AI subarea after subtraction of the 10 percent CDQ 
DFA. This allowance is based on NMFS' examination of the pollock 
incidental catch, including the incidental catch by CDQ vessels, in 
target fisheries other than pollock from 2003 through 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 679.20(a)(8) and (10), NMFS allocates ICAs of 4,500 mt 
of flathead sole, 5,000 mt of rock sole, 2,000 mt of yellowfin sole, 10 
mt each of Western and Central Aleutian District

[[Page 10164]]

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 TAC after subtraction of the 10.7 
percent CDQ reserve. These allowances are based on NMFS' 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 679.20(b)(1)(ii)). The Regional Administrator has 
determined that the ITACs specified for the species listed in Table 2 
need to be supplemented from the non-specified reserve because U.S. 
fishing vessels have demonstrated the capacity to catch the full TAC 
allocations. Therefore, in accordance with 679.20(b)(3), NMFS is 
apportioning the amounts shown in Table 2 from the non-specified 
reserve to increase the ITAC for northern rockfish, shortraker 
rockfish, rougheye rockfish, and Bering Sea other rockfish by 7.5 
percent of the TAC in 2008 and 2009.

                      Table 2.--2008 and 2009 Apportionment of Reserves to ITAC Categories
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                     2008                                   2009
     Species--area or subarea        2008 ITAC     reserve     2008 final   2009 ITAC     reserve     2009 final
                                                    amount        ITAC                     amount        ITAC
----------------------------------------------------------------------------------------------------------------
Shortraker rockfish--BSAI.........          360           32          392          360           32          392
Rougheye rockfish--BSAI...........          172           15          187          172           15          187
Northern rockfish--BSAI...........        6,953          614        7,567        6,911          610        7,521
Other rockfish--Bering Sea subarea          352           31          383          352           31          383
                                   -----------------------------------------------------------------------------
    Total.........................        7,837          692        8,529        7,795          688        8,483
----------------------------------------------------------------------------------------------------------------

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

    Section 679.20(a)(5)(i)(A) requires that the pollock TAC 
apportioned to the Bering Sea subarea, after subtraction of the 10 
percent for the CDQ program and the 3.5 percent for the ICA, be 
allocated as a DFA as follows: 50 percent to the inshore sector, 40 
percent to the catcher/processor sector, and 10 percent to the 
mothership sector. In the Bering Sea subarea, 40 percent of the DFA is 
allocated to the A season (January 20-June 10), and 60 percent of the 
DFA is allocated to the B season (June 10-November 1). The AI directed 
pollock fishery allocation to the Aleut Corporation is the amount of 
pollock remaining in the AI subarea after subtracting 1,900 mt for the 
CDQ DFA (10 percent) and 1,600 mt for the ICA. In the AI subarea, 40 
percent of the ABC is allocated to the A season and the remainder of 
the directed pollock fishery is allocated to the B season. Table 3 
lists these 2008 and 2009 amounts.
    Section 679.20(a)(5)(i)(A)(4) also includes several specific 
requirements regarding Bering Sea pollock allocations. First, 8.5 
percent of the pollock allocated to the catcher/processor sector will 
be available for harvest by AFA catcher vessels with catcher/processor 
sector endorsements, unless the Regional Administrator receives a 
cooperative contract that provides for the distribution of harvest 
among AFA catcher/processors and AFA catcher vessels in a manner agreed 
to by all members. Second, AFA catcher/processors not listed in the AFA 
are limited to harvesting not more than 0.5 percent of the pollock 
allocated to the catcher/processor sector. Table 3 lists the 2008 and 
2009 allocations of pollock TAC. Tables 10 through 15 list the AFA 
catcher/processor and catcher vessel harvesting sideboard limits. The 
tables for the pollock allocations to the Bering Sea subarea inshore 
pollock cooperatives and open access sector will be posted on the 
Alaska Region Web site at http://www.fakr.noaa.gov.
    Table 3 also lists seasonal apportionments of pollock and harvest 
limits within the Steller Sea Lion Conservation Area (SCA). The harvest 
within the SCA, as defined at 679.22(a)(7)(vii), is limited to 28 
percent of the annual DFA until April 1. The remaining 12 percent of 
the 40 percent annual DFA allocated to the A season may be taken 
outside the SCA before April 1 or inside the SCA after April 1. If less 
than 28 percent of the annual DFA is taken inside the SCA before April 
1, the remainder will be available to be taken inside the SCA after 
April 1. The A season pollock SCA harvest limit will be apportioned to 
each sector in proportion to each sector's allocated percentage of the 
DFA. Table 3 lists by sector these 2008 and 2009 amounts.

[[Page 10165]]



       Table 3.--2008 and 2009 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                2008 A season \1\        2008 B                        2009 A season \1\        2009 B
                                                           --------------------------  season \1\                 --------------------------  season \1\
              Area and sector                    2008                                -------------      2009                                ------------
                                              Allocations     A season   SCA harvest    B season     Allocations     A season   SCA harvest    B season
                                                                DFA       limit \2\       DFA                          DFA       limit \2\       DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea........................       1,000,000          n/a          n/a          n/a       1,000,000          n/a          n/a          n/a
    CDQ DFA...............................         100,000       40,000       28,000       60,000         100,000       40,000       28,000       60,000
    ICA \1\...............................          31,500          n/a          n/a          n/a          31,500          n/a          n/a          n/a
    AFA Inshore...........................         434,250      173,700      121,590      260,550         434,250      173,700      121,590      260,550
    AFA Catcher/Processors \3\............         347,400      138,960       97,272      208,440         347,400      138,960       97,272      208,440
        Catch by C/Ps.....................         317,871      127,148          n/a      190,723         317,871      127,148          n/a      190,723
        Catch by CVs \3\..................          29,529       11,812          n/a       17,717          29,529       11,812          n/a       17,717
            Unlisted C/P Limit \4\........           1,737          695          n/a        1,042           1,737          695          n/a        1,042
    AFA Motherships.......................          86,850       34,740       24,318       52,110          86,850       34,740       24,318       52,110
    Excessive Harvesting Limit \5\........         151,988          n/a          n/a          n/a         151,988          n/a          n/a          n/a
    Excessive Processing Limit \6\........         260,550          n/a          n/a          n/a         260,550          n/a          n/a          n/a
Total Bering Sea DFA......................         868,500      347,400      243,180      521,099         868,501      347,399      243,180      521,100
Aleutian Islands subarea \1\..............          19,000          n/a          n/a          n/a          19,000          n/a          n/a          n/a
    CDQ DFA...............................           1,900          760          n/a        1,140           1,900          760          n/a        1,140
    ICA...................................           1,600          800          n/a          800           1,600          800          n/a          800
    Aleut Corporation.....................          15,500       15,500          n/a            0          15,500       15,500          n/a            0
Bogoslof District ICA \7\.................              10          n/a          n/a          n/a              10          n/a          n/a          n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA (10 percent) and the ICA (3.5 percent), is
  allocated as a DFA as follows: inshore sector--50 percent, catcher/processor sector (C/P)--40 percent, and mothership sector--10 percent. In the
  Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season
  (June 10-November 1). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed
  fishing allowance (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea,
  the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of
  the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If less than 28 percent of the
  annual DFA is taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
  only by eligible catcher vessels delivering to listed catcher/processors.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the
  catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
  pollock DFAs.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
  pollock DFAs.
\7\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are
  not apportioned by season or sector.


[[Page 10166]]

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 679.91.
    Pursuant to 679.20(a)(8)(i), up to 2 percent of the Eastern 
Aleutian District and the Bering Sea subarea Atka mackerel ITAC may be 
allocated to jig gear. The amount of this allocation is determined 
annually by the Council based on several criteria, including the 
anticipated harvest capacity of the jig gear fleet. The Council 
recommended, and NMFS approves, a 0.5 percent allocation of the Atka 
mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea 
to the jig gear in 2008 and 2009. Based on the 2008 TAC of 16,900 mt 
after subtractions of the CDQ reserve and ICA, the jig gear allocation 
would be 80 mt for 2008. Based on the 2009 TAC of 15,300 mt after 
subtractions of the CDQ reserve and ICA, the jig gear allocation would 
be 61 mt for 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 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 trawl sectors: 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 sectors 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 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 in the HLA for the first 
HLA fishery in all three trawl sectors at the same time. The initial 
opening of fishing in the HLA will be based on the first directed 
fishing closure of Atka mackerel in Area 541/BS for any one of the 
three trawl sectors allocated Atka mackerel TAC.
    Table 4 lists these 2008 and 2009 amounts. The 2009 allocations for 
Atka mackerel between Amendment 80 cooperatives and the Amendment 80 
limited access sector will not be known until eligible participants 
apply for participation in the program by November 1, 2008.

 Table 4.--2008 and 2009 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and Amendment 80 Allocations of the BSAI
                                                                    ATKA Mackerel TAC
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          2008 Allocation by area                      2009 Allocation by area
                                                               -----------------------------------------------------------------------------------------
              Sector \1\                      Season 2,3         Eastern Aleutian    Central      Western     Eastern Aleutian    Central      Western
                                                                 District/Bering     Aleutian     Aleutian    District/Bering     Aleutian     Aleutian
                                                                       Sea           District     District          Sea           District     District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC...................................  n/a...................             19,500       24,300       16,900             15,300       19,000       13,200
CDQ reserve...........................  Total.................              2,087        2,600        1,808              1,637        2,033        1,412
                                        HLA \4\...............                n/a        1,560        1,085                n/a        1,220          847
ICA...................................  Total.................              1,400           10           10              1,400           10           10
Jig \5\...............................  Total.................                 80            0            0                 61            0            0
BSAI trawl limited access.............  Total.................                319          434            0                488          678            0
                                        A.....................                159          217            0                244          339            0
                                        HLA \4\...............                n/a          130            0                n/a          203            0
                                        B.....................                159          217            0                244          339            0
                                        HLA \4\...............                n/a          130            0                n/a          203            0
Amendment 80 sectors..................  Total.................             15,615       21,256       15,082             12,202       16,957       11,778
                                        A.....................              7,807       10,628        7,541              6,101        8,479        5,889
                                        HLA \4\...............              4,684        6,377        4,525              3,660        5,087        3,533
                                        B.....................              7,807       10,628        7,541              6,101        8,479        5,889
                                        HLA \4\...............              4,684        6,377        4,525              3,660        5,087        3,533
Amendment 80 limited access...........  Total.................              8,232       12,809        9,298                n/a          n/a          n/a
                                        A.....................              4,116        6,405        4,649                n/a          n/a          n/a
                                        HLA \4\...............                n/a        3,843        2,789                n/a          n/a          n/a
                                        B.....................              4,116        6,405        4,649                n/a          n/a          n/a
                                        HLA \4\...............                n/a        3,843        2,789                n/a          n/a          n/a
Amendment 80 cooperatives.............  Total.................              7,383        8,447        5,784                n/a          n/a          n/a
                                        A.....................              3,812        4,224        2,892                n/a          n/a          n/a
                                        HLA \4\...............                n/a        2,534        1,735                n/a          n/a          n/a
                                        B.....................              3,692        4,224        2,892                n/a          n/a          n/a

[[Page 10167]]

 
                                        HLA \4\...............                n/a        2,534        1,735                n/a          n/a          n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, jig gear allocation, and ICAs, 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. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.  Sec.
  679.20(b)(1)(ii)(C) and 679.31).
\2\ Regulations at Sec.  Sec.   679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. The A season
  is January 1 (January 20 for trawl gear) to April 15, and the B season is September 1 to November 1.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec.   679.2). In
  2008 and 2009, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
\5\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea TAC be allocated to jig gear after
  subtraction of the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.

Allocation of the Pacific Cod ITAC

    Section 679.20(a)(7)(i) and (ii) allocates the Pacific cod TAC in 
the BSAI, after subtraction of 10.7 percent for the CDQ reserve, 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 American Fisheries Act (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. For 2008 and 2009, the Regional 
Administrator establishes an ICA of 500 mt based on anticipated 
incidental catch by these sectors in other fisheries. The allocation of 
the ITAC for Pacific cod to the Amendment 80 sector is established in 
Table 33 to part 679 and 679.91. The 2009 allocations for Pacific cod 
between Amendment 80 cooperatives and the Amendment 80 limited access 
sector will not be known until eligible participants apply for 
participation in the program by November 1, 2008.
    Sections 679.20(a)(7) and 679.23(e)(5) apportion seasonal 
allowances of the Pacific cod ITAC to disperse the Pacific cod 
fisheries over the fishing year. In accordance with 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.
    Sections 679.20(a)(7)(i)(B) and 679.23(e)(5) establish the CDQ 
seasonal allowances based on gear type. For hook-and-line catcher/
processors and hook-and-line catcher vessels greater than or equal to 
60 ft (18.3 m) LOA harvesting CDQ Pacific cod, the first seasonal 
allowance of 60 percent of the ITAC is available for directed fishing 
from January 1 to June 10, and the second seasonal allowance of 40 
percent of the ITAC is available from June 10 to December 31. No 
seasonal harvest constraints are imposed on the CDQ Pacific cod fishery 
for pot gear or hook-and-line catcher vessels less than 60 feet (18.3 
m) LOA. For vessels harvesting CDQ Pacific cod with trawl gear, the 
first seasonal allowance of 60 percent of the ITAC is available January 
20 to April 1. The second seasonal, April 1 to June 10, and the third 
seasonal allowance, June 10 to November 1, are each allocated 20 
percent of the ITAC. The CDQ Pacific cod trawl catcher vessel 
allocation is further allocated as 70 percent of the first seasonal 
allowance, 10 percent in the second seasonal allowance, and 20 percent 
in the third seasonal allowance. The CDQ Pacific cod trawl catcher/
processor allocation is 50 percent in the first seasonal allowance, 30 
percent in the second seasonal allowance, and 20 percent in the third 
seasonal allowance. 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.
    Sections 679.20(a)(7)(iv)(A) and 679.23(e)(5) apportion the non-CDQ 
seasonal allowances by gear type as follows. For hook-and-line and pot 
catcher/processors and hook-and-line and pot catcher vessels greater 
than or equal to 60 ft (18.3 m) LOA, the first seasonal allowance of 51 
percent of the ITAC is available for directed fishing from January 1 to 
June 10, and the second seasonal allowance of 49 percent of the ITAC is 
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 seasonal allowance is January 20 to 
April 1, the second seasonal allowance is April 1 to June 10, and the 
third seasonal allowance is June 10 to November 1. The trawl catcher 
vessel allocation is further allocated as 74 percent in the first 
seasonal allowance, 11 percent in the second seasonal allowance, and 15 
percent in the third seasonal allowance. The trawl catcher/processor 
allocation is allocated 75 percent in the first seasonal allowance, 25 
percent in the second seasonal allowance, and zero percent in the third 
seasonal allowance. 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 5 lists the 
2008 and 2009 allocations and seasonal apportionments of the Pacific 
cod TAC.

[[Page 10168]]



                                 Table 5.--2008 and 2009 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    2008 and 2009     2008 and 2009        2008 and 2009 seasonal apportionment \2\
                  Gear sector                        Percent        share of gear    share of sector ---------------------------------------------------
                                                                    sector total          total                      Dates                    Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total TAC......................................            100             170,720               n/a  n/a...............................             n/a
CDQ............................................             10.7            18,267               n/a  see Sec.   679.20(a)(7)(i)(B).....             n/a
Total hook-and-line/pot gear...................             60.8            92,691               n/a  n/a...............................             n/a
Hook-and-line/pot ICA\1\.......................            n/a                 n/a               500  n/a...............................             n/a
Hook-and-line/pot subtotal.....................            n/a              92,191               n/a  n/a...............................             n/a
Hook-and-line catcher/processor................             48.7               n/a            73,844  Jan 1-Jun 10......................          37,660
                                                                                                      Jun 10-Dec 31.....................          36,184
Hook-and-line catcher vessel >= 60 ft LOA......              0.2               n/a               303  Jan 1-Jun 10......................             155
                                                                                                      Jun 10-Dec 31.....................             149
Pot catcher/processor..........................              1.5               n/a             2,274  Jan 1-Jun 10......................           1,160
                                                                                                      Sept 1-Dec 31.....................           1,114
Pot catcher vessel >= 60 ft LOA................              8.4               n/a            12,737  Jan 1-Jun 10......................           6,496
                                                                                                      Sept 1-Dec 31.....................           6,241
Catcher vessel < 60 ft LOA using hook-and-line               2.0             3,033             3,033  n/a...............................             n/a
 or pot gear.
Trawl catcher vessel...........................             22.1            33,692               n/a  Jan 20-Apr 1......................          24,932
                                                                                                      Apr 1-Jun 10......................           3,706
                                                                                                      Jun 10-Nov 1......................           5,054
AFA trawl catcher/processor....................              2.3             3,506               n/a  Jan 20-Apr 1......................           2,630
                                                                                                      Apr 1- Jun 10.....................             877
                                                                                                      Jun 10-Nov 1......................               0
Amendment 80...................................             13.4            20,429               n/a  Jan 20-Apr 1......................          15,322
                                                                                                      Apr 1-Jun 10......................           5,107
                                                                                                      Jun 10-Nov 1......................               0
Amendment 80 limited access \2\................            n/a                 n/a             3,294  Jan 20-Apr 1......................           2,471
                                                                                                      Apr 1-Jun 10......................             824
                                                                                                      Jun 10-Nov 1......................               0
Amendment 80 cooperatives \2\..................            n/a                 n/a            17,135  Jan 20-Apr 1......................          12,851
                                                                                                      Apr 1-Jun 10......................           4,284
                                                                                                      Jun 10-Nov 1......................               0
Jig............................................              1.4             2,134               n/a  Jan 1-Apr 30......................           1,281
                                                                                                      Apr 30-Aug 31.....................             427
                                                                                                      Aug 31-Dec 31.....................             427
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 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 approves an ICA of 500 mt for 2008 and 2009 based on anticipated incidental catch in these fisheries.
\2\ The 2009 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
  eligible participants apply for participation in the program by November 1, 2008.

Sablefish Gear Allocation

    Sections 679.20(a)(4)(iii) and (iv) require the allocation of 
sablefish TACs for the Bering Sea and AI subareas between trawl and 
hook-and-line or pot gear. Gear allocations of the TACs for the Bering 
Sea subarea are 50 percent for trawl gear and 50 percent for hook-and-
line or pot gear and for the AI subarea are 25 percent for trawl gear 
and 75 percent for hook-and-line or pot gear. Section 
679.20(b)(1)(iii)(B) requires apportionment of 20 percent of the hook-
and-line and pot gear allocation of sablefish to the CDQ reserve. The 
Council recommended that only trawl sablefish TAC be established 
biennially. The harvest specifications for the hook-and-line gear and 
pot gear sablefish Individual Fishing Quota (IFQ) fisheries will be 
limited to the 2008 fishing year to ensure those fisheries are 
conducted concurrently with the halibut IFQ fishery. Concurrent 
sablefish and halibut IFQ fisheries reduces the potential for discards 
of halibut and sablefish in those fisheries. The sablefish IFQ 
fisheries will remain closed at the beginning of each fishing year 
until the final specifications for the sablefish IFQ fisheries are in 
effect. Table 6 lists the 2008 and 2009 gear allocations of the 
sablefish TAC and CDQ reserve amounts.

                                       Table 6.--2008 and 2009 Gear Shares and CDQ Reserve of BSAI Sablefish TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Percent of    2008 share                   2008 CDQ     2009 share                   2009 CDQ
                   Subarea and gear                          TAC         of TAC       2008 ITAC      reserve       of TAC       2009 ITAC      reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl \1\.........................................            50         1,430         1,216           107         1,305         1,109            98
    Hook-and-line/pot gear \2\........................            50         1,430         1,144           286           n/a           n/a           n/a
                                                       -------------------------------------------------------------------------------------------------
        TOTAL.........................................           100         2,860         2,360           393         1,305         1,109            98
                                                       =================================================================================================
Aleutian Islands:

[[Page 10169]]

 
    Trawl \1\.........................................            25           610           519            46           558           474            42
    Hook-and-line/pot gear \2\........................            75         1,830         1,464           366           n/a           n/a           n/a
                                                       -------------------------------------------------------------------------------------------------
        TOTAL.........................................           100         2,440         1,983           412           558           474            42
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of the TAC
  after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by
  CDQ participants. The Council recommended that specifications for the hook-and-line gear sablefish IFQ fisheries be limited to 1 year.

Allocation of 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, to the Amendment 80 sector. 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 679.91. The 2009 
allocations for Amendment 80 species between Amendment 80 cooperatives 
and limited access sector will not be known until eligible participants 
apply for participation in the program by November 1, 2008. Table 7 
lists the 2008 and 2009 allocations and seasonal apportionments of the 
Aleutian Islands Pacific ocean perch, flathead sole, rock sole, and 
yellowfin sole TACs.

    Table 7.--2008 and 2009 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian
                                     Islands Pacific Ocean Perch, Flathead Sole, Rock Sole, and Yellowfin Sole TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Pacific ocean perch                   Flathead sole      Rock sole        Yellowfin sole
                                           -------------------------------------------------------------------------------------------------------------
                                            Eastern Aleutian  Central Aleutian  Western Aleutian       BSAI             BSAI               BSAI
                  Sector                         District          District          District    -------------------------------------------------------
                                           ------------------------------------------------------
                                              2008     2009     2008     2009     2008     2009    2008 and 2009    2008 and 2009      2008       2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.......................................    4,900    4,810    4,990    4,900    7,610    7,490           50,000           75,000    225,000    205,000
CDQ.......................................      524      515      534      524      814      801            5,350            8,025     24,075     21,935
ICA.......................................      100      100       10       10       10       10            4,500            5,000      2,000      2,000
BSAI trawl limited access.................      214      420      222      437      136      134                0                0     44,512     37,368
Amendment 80..............................    4,062    3,776    4,224    3,929    6,650    6,545           40,150           61,975    154,413    143,697
Amendment 80 limited access\1\............    2,154        0    2,240        0    3,526        0            4,392           14,972     61,431          0
Amendment 80 cooperatives\1\..............    1,908        0    1,984        0    3,124        0           35,758           47,003     92,982          0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2009 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
  eligible participants apply for participation in the program by November 1, 2008.

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

    Section 679.21(e) sets forth the BSAI PSC limits. Pursuant to 
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. Section 679.21(e)(3)(i) allocates 276 mt of the trawl 
halibut mortality limit and 679.21(e)(4)(i)(A) allocates 7.5 percent, 
or 67 mt, of the non-trawl halibut mortality limit as the 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. The red king crab mature female 
abundance is estimated from the 2007 survey data at 33.4 million red 
king crabs, and the effective spawning biomass is estimated at 73 
million pounds (33,113 mt). Based on the criteria set out at 
(679.21(e)(1)(ii), the 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 of more than 8.4 million king crab and the effective 
spawning biomass estimate of more than 55 million pounds (24,948 mt).

[[Page 10170]]

    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 bycatch limit cannot exceed 25 
percent of the red king crab PSC allowance based on the need to 
optimize the groundfish harvest relative to red king crab bycatch. In 
December 2007, the Council recommended and NMFS approves that the red 
king crab bycatch limit be equal to 25 percent of the red king crab PSC 
allowance within the RKCSS (Table 8b).
    Based on 2007 survey data, Tanner crab (Chionoecetes bairdi) 
abundance is estimated at 787 million animals. Given the criteria set 
out at 679.21(e)(1)(iii), the 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 estimate 
of more than 400 million animals.
    Pursuant to 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 2007 survey 
estimate of 3.33 billion animals, the calculated limit is 4,350,000 
animals.
    Pursuant to 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 172,644 mt. This amount 
was derived using 2007 survey data and an age-structured biomass 
projection model developed by the Alaska Department of Fish and Game. 
Therefore, the herring PSC limit for 2008 and 2009 is 1,727 mt for all 
trawl gear as presented in Tables 8a and 8b.
    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 8a. The 
amount of 2008 PSC assigned to the Amendment 80 sector is specified in 
Table 35 to part 679. Pursuant to 679.21(e)(1)(iv) and 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 8d and 8e. PSC CQ assigned to Amendment 80 
cooperatives is not allocated to specific fishery categories. The 2009 
PSC allocations between Amendment 80 cooperatives and the Amendment 80 
limited access sector will not be known until eligible participants 
apply for participation in the program by November 1, 2008. 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.
    Sections 679.21(e)(4)(i)(B) and (C) authorize the apportionment of 
the non-trawl halibut PSC limit into PSC bycatch allowances among six 
fishery categories. Table 8c lists the fishery bycatch allowances for 
the trawl and non-trawl fisheries.
    Section 679.21(e)(4)(ii) authorizes the exemption of specified non-
trawl fisheries from the halibut PSC limit. As in past years after 
consultation with the Council, NMFS exempts pot gear, jig gear, and the 
sablefish IFQ hook-and-line gear fishery categories from halibut 
bycatch restrictions because (1) the pot gear fisheries have low 
halibut bycatch mortality, (2) halibut mortality for the jig gear fleet 
is assumed to be negligible, and (3) the sablefish and halibut IFQ 
fisheries have low halibut bycatch mortality because the IFQ program 
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 (subpart D of 50 CFR part 679). In 
2007, total groundfish catch for the pot gear fishery in the BSAI was 
approximately 19,496 mt, with an associated halibut bycatch mortality 
of about 5 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. The Council recommended and NMFS approves the 
seasonal PSC apportionments in Tables 8c and 8e to maximize harvest 
among gear types, fisheries, and seasons while minimizing bycatch of 
PSC based on the above criteria.

   Table 8a.--2008 and 2009 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI Trawl
                                                                 Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Non-trawl                                             Amendment 80 sector
                                                                   PSC                    Trawl PSC               --------------------------  BSAI trawl
                   PSC species                     Total non-   remaining   Total trawl   remaining     CDQ PSQ                                limited
                                                   trawl PSC    after CDQ       PSC       after CDQ   reserve \1\      2008         2009        access
                                                                 PSQ \1\                   PSQ \1\                                             fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI.....................          900          832        3,675        3,400          343        2,525        2,475          875
Herring (mt) BSAI...............................          n/a          n/a        1,726          n/a          n/a          n/a          n/a          n/a
Red king crab (animals) Zone 1 \2\..............          n/a          n/a      197,000      175,921       21,079      109,915      104,427       53,797
C. opilio (animals) COBLZ \2\...................          n/a          n/a    4,350,000    3,884,550      465,450    2,386,668    2,267,412    1,248,494
C. bairdi crab (animals) Zone 1 \2\.............          n/a          n/a      980,000      875,140      104,860      460,674      437,658      411,228

[[Page 10171]]

 
C. bairdi crab (animals) Zone 2 \2\.............          n/a          n/a    2,970,000    2,652,210      317,790      784,789      745,536   1,241,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Section 679.21(e)(3)(i) allocates 276 mt of the trawl halibut mortality limit and Sec.   679.21(e)(4)(i)(a) allocates 7.5 percent, or 67 mt, of the
  non-trawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. The PSQ reserve for crab species is 10.7 percent of each
  crab PSC limit.
\2\ Refer to 50 CFR Sec.   679.2 for definitions of areas.


   Table 8b.--2008 and 2009 Herring and Red King Crab Savings Subarea
        Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
                                                          Red king crab
         Fishery categories             Herring (mt)     (animals)  Zone
                                            BSAI                1
------------------------------------------------------------------------
Yellowfin sole......................               148               n/a
Rock sole/flathead sole/other                       26               n/a
 flatfish \1\.......................
Turbot/arrowtooth/sablefish \2\.....                12               n/a
Rockfish............................                 9               n/a
Pacific cod.........................                26               n/a
Midwater trawl pollock..............             1,318               n/a
Pollock/Atka mackerel/other species                187               n/a
 \3\................................
Red king crab savings subarea Non-                 n/a            49,250
 pelagic trawl gear \4\.............
Total trawl PSC.....................             1,726          197,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
  except for halibut (a prohibited species), flathead sole, Greenland
  turbot, rock sole, yellowfin sole, and arrowtooth flounder.
\2\ Greenland turbot, arrowtooth flounder, and sablefish fishery
  category.
\3\ Non-pelagic pollock, Atka mackerel, and ``other species'' fishery
  category.
\4\ In October 2007 the Council recommended that the red king crab
  bycatch limit for non-pelagic trawl fisheries within the RKCSS be
  limited to 25 percent of the red king crab PSC allowance (see (
  679.21(e)(3)(ii)(B)(2)).


             Table 8c.--2008 and 2009 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector and Non-Trawl Fisheries
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Prohibited species and area \1\
                                                            --------------------------------------------------------------------------------------------
            BSAI trawl limited access fisheries                                            Red king crab     C. opilio         C. bairdi  (animals)
                                                               Halibut  mortality  (mt)      (animals)       (animals)   -------------------------------
                                                                         BSAI                 Zone 1           COBLZ          Zone 1          Zone 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yellowfin sole.............................................                          162          47,397       1,176,494         346,228       1,185,500
Rock sole/flathead sole/other flatfish \2\.................                            0               0               0               0               0
Turbot/arrowtooth/sablefish \3\............................                            0               0               0               0               0
Rockfish...................................................                            3               0           2,000          60,000           1,000
Pacific cod................................................                          585           6,000          50,000          60,000          50,000
Pollock/Atka mackerel/other species........................                          125             400          20,000           5,000           5,000
Total BSAI trawl limited access PSC........................                          875          53,797       1,248,494         411,228       1,241,500
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
 
----------------------------------------------------------------------------------------------------------------
                Non-trawl fisheries                  Catcher processor    Catcher vessel
------------------------------------------------------------------------------------------
Pacific cod--Total.................................  760..............  15...............
    January 1-June 10..............................  314..............  10...............
    June 10-August 15..............................  0................  3................
    August 15-December 31..........................  446..............  2................
------------------------------------------------------------------------------------------
Other non-trawl--Total.............................                          58
    May 1-December 31..............................                          58
Groundfish pot and jig.............................                      exempt
Sablefish hook-and-line............................                      exempt
Total non-trawl PSC................................                         833
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), flathead sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.


[[Page 10172]]


          Table 8d.--2008 Prohibited Species Bycatch Allowances for the BSAI Amendment 80 Cooperatives
----------------------------------------------------------------------------------------------------------------
                                                   Prohibited species and area \1\
                   ---------------------------------------------------------------------------------------------
       Year                                                                          C. bairdi (animals)
                    Halibut mortality    Red king crab        C. opilio     ------------------------------------
                        (mt) BSAI       (animals) Zone 1   (animals) COBLZ         Zone 1            Zone 2
----------------------------------------------------------------------------------------------------------------
            2008              1,837             78,631          1,632,432            340,520           580,311
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.


    Table 8e.--2008 Prohibited Species Bycatch Allowances for the BSAI Amendment 80 Limited Access Fisheries
----------------------------------------------------------------------------------------------------------------
                                                          Prohibited species and area \1\
                                 -------------------------------------------------------------------------------
   Amendment 80 limited access        Halibut      Red king crab     C. opilio          C. bairdi (animals)
            fisheries             mortality (mt)  (animals) Zone     (animals)   -------------------------------
                                       BSAI              1             COBLZ          Zone 1          Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole..................             363           6,100         660,000          63,154         155,318
    Jan 20-Jul 1................             214           5,900         650,000          58,500         125,318
    Jul 1-Dec 31................             149             200          10,000           4,654          30,000
Rock sole/other flat/flathead                224          25,000          93,395          56,677          48,266
 sole \2\.......................
    Jan 20-Apr 1................             180          24,632          90,235          50,000          42,160
    Apr 1-Jul 1.................              20             184           1,660           3,500           3,053
    July 1-Dec 31...............              24             184           1,500           3,177           3,053
Turbot/arrowtooth/sablefish \3\.             n/a             n/a           7,542             n/a             n/a
Rockfish........................              50             n/a             n/a             n/a             n/a
Pacific cod.....................               1             184             840             323             893
Pollock/Atka mackerel/other                   50               0               0               0               0
 species........................
Total Amendment 80 trawl limited             688          31,284         754,235         120,154        204,477
 access PSC.....................
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), flathead sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.

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 approves the halibut DMRs developed and recommended by the 
International Pacific Halibut Commission (IPHC) and the Council for the 
2008 and 2009 BSAI groundfish fisheries for use in monitoring the 2008 
and 2009 halibut bycatch allowances (see Tables 8a-e). The IPHC 
developed these DMRs for the 2008 and 2009 BSAI non-CDQ fisheries using 
the 10-year mean DMRs for those fisheries. The IPHC developed the DMRs 
for the 2008 and 2009 BSAI CDQ fisheries using the 1998 to 2006 DMRs 
for those fisheries. The IPHC will analyze observer data annually and 
recommend changes to the DMR when a fishery DMR shows large variation 
from the mean. A copy of the document explaining these DMRs is 
available from the Council (see ADDRESSES) and the DMRs are discussed 
in the final 2007 SAFE report dated November 2007. Table 9 lists the 
2008 and 2009 DMRs.

 Table 9.--2008 and 2009 Pacific Halibut Discard Mortality Rates for the
                                  BSAI
------------------------------------------------------------------------
                                                        Halibut discard
             Gear                     Fishery           mortality rate
                                                           (percent)
------------------------------------------------------------------------
Non-CDQ hook-and-line........  Greenland turbot.....                  13
                               Other species........                  11
                               Pacific cod..........                  11
                               Rockfish.............                  17
Non-CDQ trawl................  Arrowtooth flounder..                  75
                               Atka mackerel........                  76
                               Flathead sole........                  70
                               Greenland turbot.....                  70
                               Non-pelagic pollock..                  74
                               Pelagic pollock......                  88
                               Other flatfish.......                  74
                               Other species........                  70
                               Pacific cod..........                  70
                               Rockfish.............                  76
                               Rock sole............                  80
                               Sablefish............                  75

[[Page 10173]]

 
                               Yellowfin sole.......                  80
Non-CDQ Pot..................  Other species........                   7
                               Pacific cod..........                   7
CDQ trawl....................  Atka mackerel........                  85
                               Flathead sole........                  87
                               Non-pelagic pollock..                  86
                               Pelagic pollock......                  90
                               Rockfish.............                  82
                               Rock sole............                  86
                               Yellowfin sole.......                  86
CDQ hook-and-line............  Greenland turbot.....                   4
                               Pacific cod..........                  10
CDQ pot......................  Pacific cod..........                   7
                               Sablefish............                  34
------------------------------------------------------------------------

Directed Fishing Closures

    In accordance with 679.20(d)(1)(i), the Regional Administrator may 
establish a DFA for a species or species group if the Regional 
Administrator determines that any allocation or apportionment of a 
target species or ``other species'' category has been or will be 
reached. If the Regional Administrator establishes a DFA, and that 
allowance is or will be reached before the end of the fishing year, 
NMFS will prohibit directed fishing for that species or species group 
in the specified subarea or district (see 697.20(d)(1)(iii)). 
Similarly, pursuant to 679.21(e), if the Regional Administrator 
determines that a fishery category's bycatch allowance of halibut, red 
king crab, C. bairdi crab, or C. opilio crab for a specified area has 
been reached, the Regional Administrator will prohibit directed fishing 
for each species in that category in the specified area.
     The Regional Administrator has determined that the groundfish 
allocation amounts in Table 10 will be necessary as incidental catch to 
support other anticipated groundfish fisheries for the 2008 and 2009 
fishing years. Consequently, in accordance with 679.20(d)(1)(i), the 
Regional Administrator establishes the DFA for the species and species 
groups in Table 10 as zero. Therefore, in accordance with 
679.20(d)(1)(iii), NMFS is prohibiting directed fishing for these 
sectors and species in the specified areas effective at 1200 hrs, 
A.l.t., February 26, 2008, through 2400 hrs, A.l.t., December 31, 2009. 
Also, the bycatch allowances of halibut in Table 10 are zero mt and the 
bycatch allowances of red king crab, C. bairdi crab, and C. opilio crab 
in Table 10 are 0 animals. Therefore, in accordance with 679.21(e)(7), 
NMFS is prohibiting directed fishing for these sectors and fishery 
categories in the specified areas effective at 1200 hrs, A.l.t., 
February 26, 2008, through 2400 hrs, A.l.t., December 31, 2009.

                              Table 10.--2008 and 2009 Directed Fishing Closures \1\
           [Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
----------------------------------------------------------------------------------------------------------------
                                                                                            2008         2009
                                                                                         Incidental   Incidental
                Area                           Sector                  Species             catch        catch
                                                                                         allowance    allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District...................   All...................   Pollock...............           10           10
Aleutian Islands subarea............   All...................   ICA pollock...........        1,600        1,600
                                                                ``Other rockfish''....          497          497
 Eastern Aleutian District/Bering      Non-amendment 80 and    ICA Atka mackerel......        1,400        1,400
 Sea.                                  BSAI trawl limited
                                       access.
                                                                ICA Pacific ocean               100          100
                                                                perch.
Central Aleutian District/Bering Sea   Non-amendment 80 and     ICA Atka mackerel.....           10           10
                                       BSAI trawl limited
                                       access.
                                                                ICA Pacific ocean                10           10
                                                                perch.
Western Aleutian District/Bering Sea   Non-amendment 80 and     ICA Atka mackerel.....           10           10
                                       BSAI trawl limited
                                       access.
                                                                ICA Pacific ocean                10           10
                                                                perch.
Bering Sea subarea..................   All...................   Pacific ocean perch...        3,570        3,485
                                                                ``Other rockfish''....          383          383
                                                                ICA pollock...........       31,500       31,500
Bering Sea and Aleutian Islands.....   All...................   Northern rockfish.....        7,567        7,520
                                                                Shortraker rockfish...          392          392
                                                                Rougheye rockfish.....          187          187
                                                                ``Other species''.....       42,500       51,000
                                       Hook-and-line and pot    ICA Pacific cod.......          500          500
                                       gear.
                                       Non-amendment 80......   ICA flathead sole.....        4,500        4,500
                                                                ICA rock sole.........        5,000        5,000
                                                                ICA yellowfin sole....        2,000        2,000

[[Page 10174]]

 
                                       BSAI trawl limited       Rock sole/flathead                0            0
                                       access.                  sole/other flatfish--
                                                                halibut mortality, red
                                                                king crab zone 1, C.
                                                                opilio COBLZ, C.
                                                                bairdi Zone 1 and 2.
                                                                Turbot/arrowtooth/                0            0
                                                                sablefish--halibut
                                                                mortality, red king
                                                                crab zone 1, C. opilio
                                                                COBLZ, C. bairdi Zone
                                                                1 and 2.
                                                                Rockfish--red king                0            0
                                                                crab zone 1.
                                       Amendment 80 limited     Turbot/arrowtooth/                0          n/a
                                       access.                  sablefish--halibut
                                                                mortality, red king
                                                                crab zone 1, C. bairdi
                                                                Zone 1 and 2.
                                                                Rockfish--red king                0          n/a
                                                                crab zone 1, C. opilio
                                                                COBLZ, C. bairdi Zone
                                                                1 and 2.
                                                                Pollock/Atka mackerel/            0          n/a
                                                                other species--red
                                                                king crab zone 1, C.
                                                                opilio COBLZ, C.
                                                                bairdi Zone 1 and 2.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.

    Under authority of the final 2008 and 2009 harvest specifications 
(72 FR 9451, March 2, 2007), NMFS prohibited directed fishing for Atka 
mackerel in the Eastern Aleutian District and the Bering Sea subarea of 
the BSAI for vessels participating in the BSAI trawl limited access 
fishery effective 1200 hrs, A.l.t., January 20, 2008, through 1200 hrs, 
A.l.t., September 1, 2008 (73 FR 4494, January 25, 2008). NMFS opened 
the first directed fisheries in the HLA in Area 542 and Area 543 
effective 1200 hrs, A.l.t., January 22, 2008. The first HLA fishery in 
Area 542 remained open through 1200 hrs, A.l.t., February 5, 2008. The 
first HLA fishery in Area 543 remained open through 1200 hrs, A.l.t., 
February 5, 2008. The second directed fisheries in the HLA in Area 542 
and Area 543 opened effective 1200 hrs, A.l.t., February 7, 2008. The 
second HLA fishery in Area 542 remained open through 1200 hrs, A.l.t., 
February 21, 2008. The second HLA fishery in Area 543 remained open 
through 1200 hrs, A.l.t., February 21, 2008. NMFS prohibited directed 
fishing for Pacific cod by catcher vessels 60 ft (18.3 m) LOA and 
longer using pot gear in the BSAI, effective 12 hrs, A.l.t., January 
18, 2008, through 1200 hrs, A.l.t., September 1, 2008 (73 FR 3879, 
January 23, 2008). NMFS prohibited directed fishing for Pacific cod by 
catcher/processor vessels using pot gear in the BSAI, effective 12 
noon, A.l.t., January 20, 2008, through 1200 hrs, A.l.t., September 1, 
2008 (73 FR 3879, January 23, 2008). NMFS prohibited directed fishing 
for Pacific cod for vessels participating in the Amendment 80 limited 
access fishery in the BSAI, effective 12 noon, A.l.t., January 20, 
2008, through 1200 hrs, A.l.t., September 1, 2008 (73 FR 4760, January 
28, 2008). NMFS prohibited directed fishing for Atka mackerel for 
vessels participating in the Amendment 80 limited access fishery in the 
Eastern Aleutian District and Bering Sea subarea of the BSAI, effective 
12 noon, A.l.t., February 5, 2008, through 1200 hrs, A.l.t., September 
1, 2008 (73 FR 7480, February 8, 2008). NMFS prohibited directed 
fishing for Pacific cod by catcher processors using hook-and-line gear 
in the BSAI, effective 12 noon, A.l.t., February 8, 2008, through June 
10, 2008, (73 FR 8228, February 13, 2008). NMFS announced Atka mackerel 
fishery dates for the HLA fishery in the Central Aleutian District for 
the vessel participating in the Amendment 80 cooperative, opens 
effective 1200 hrs, A.l.t., February 13, 2008, through 1200 hrs, 
A.l.t., February 27, 2008 (73 FR 9034, February 19, 2008). NMFS 
prohibited directed fishing for Pacific cod by catcher vessels less 
than 60 feet (< 18.3 meters (m)) LOA using jig or hook-and-line gear in 
the Bogoslof Pacific cod exemption area of the BSAI, effective 12 noon, 
A.l.t., February 12, 2008, through 1200 hrs, A.l.t., December 31, 2008 
(73 FR 8821, February 15, 2008). NMFS announced the season opening of 
the sablefish fixed gear fisheries managed under the IFQ Program at 
1200 hrs, A.l.t., March 8, 2008, and will close 1200 hrs, A.l.t., 
November 15, 2008, which will publish in the Federal Register February 
21, 2008.
    These closures remain effective under authority of these final 2008 
and 2009 harvest specifications. These closures supersede the closures 
announced under authority of the 2007 and 2008 final harvest 
specifications (72 FR 9451, March 2, 2007) and revision (72 FR 71802, 
December 19, 2007). While these closures are in effect, the maximum 
retainable amounts at 679.20(e) and (f) apply at any time during a 
fishing trip. These closures to directed fishing are in addition to 
closures and prohibitions found in regulations at 50 CFR part 679.

Central Gulf of Alaska Rockfish Pilot Program (Rockfish Program)

    On June 6, 2005, the Council adopted the Rockfish Program to meet 
the requirements of Section 802 of the Consolidated Appropriations Act 
of 2004 (Public Law 108-199). 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 the final rule to 
Amendment 68 to the FMP for groundfish of the Gulf of Alaska (71 FR 
67210, November 20, 2006). Pursuant to 679.82(d)(6)(i), the catcher 
vessel BSAI Pacific cod sideboard limit is 0.0 mt. Therefore, in 
accordance with 679.82(d)(7)(ii), NMFS is prohibiting directed fishing 
for BSAI Pacific cod in July for catcher vessels under the Rockfish 
Program sideboard limitations.

[[Page 10175]]

Listed AFA Catcher/Processor Sideboard Limits

    Pursuant to 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. 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). Table 11 lists the 2008 and 2009 catcher/processor 
sideboard limits.
    All harvests of groundfish sideboard species made by listed AFA 
catcher/processors, whether as targeted catch or incidental catch, will 
be deducted from the sideboard limits in Table 11. However, groundfish 
sideboard species that are delivered to listed catcher/processors by 
catcher vessels will not be deducted from the 2008 and 2009 sideboard 
limits for the listed AFA catcher/processors.

                        Table 11.--2008 and 2009 Listed BSAI American Fisheries Act Catcher/Processor Groundfish Sideboard Limits
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   1995-1997
                                                                     ------------------------------------
                                                                                               Ratio of    2008 ITAC  2008 AFA C/  2009 ITAC  2009 AFA C/
            Target species                          Area                                       retained    available    P side-    available    P side-
                                                                       Retained      Total     catch to   to trawl C/    board    to trawl C/    board
                                                                         catch       catch       total      Ps \1\       limit      Ps \1\       limit
                                                                                                 catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish trawl......................  BS...........................           8         497       0.016       1,216          19       1,109          18
                                       AI...........................           0         145       0.000         519           0         474           0
Atka mackerel........................  Central AI
                                        A season \2\................         n/a         n/a       0.115      10,850       1,248       8,483         976
                                        HLA limit \3\...............         n/a         n/a         n/a       6,510         749       5,090         585
                                        B season \2\................         n/a         n/a       0.115      10,850       1,248       8,484         976
                                        HLA limit \3\...............         n/a         n/a         n/a       6,510         749       5,090         585
                                       Western AI
                                        A season \2\................         n/a         n/a       0.200       7,546       1,509       5,894       1,179
                                        HLA limit \3\...............         n/a         n/a         n/a       4,528         906       3,536         707
                                        B season \2\................         n/a         n/a       0.200       7,546       1,509       5,894       1,179
                                        HLA limit \3\...............         n/a         n/a         n/a       4,528         906       3,536         707
Yellowfin sole \4\...................  BSAI.........................     100,192     435,788       0.230     200,925         n/a     183,065         n/a
Rock sole............................  BSAI.........................       6,317     169,362       0.037      66,975       2,478      66,975       2,478
Greenland turbot.....................  BS...........................         121      17,305       0.007       1,488          10       1,488          10
                                       AI...........................          23       4,987       0.005         672           3         672           3
Arrowtooth flounder..................  BSAI.........................          76      33,987       0.002      63,750         128      63,750         128
Flathead sole........................  BSAI.........................       1,925      52,755       0.036      44,650       1,607      44,650       1,607
Alaska plaice........................  BSAI.........................          14       9,438       0.001      42,500          43      42,500          43
Other flatfish.......................  BSAI.........................       3,058      52,298       0.058      18,360       1,065      18,360       1,065
Pacific ocean perch..................  BS...........................          12       4,879       0.002       3,570           7       3,485           7
                                       Eastern AI...................         125       6,179       0.020       4,376          88       4,295          86
                                       Central AI...................           3       5,698       0.001       4,456           4       4,376           4
                                       Western AI...................          54      13,598       0.004       6,796          27       6,689          27
Northern rockfish....................  BSAI.........................          91      13,040       0.007       7,567          53       7,521          53
Shortraker rockfish..................  BSAI.........................          50       2,811       0.018         392           7         392           7
Rougheye rockfish....................  BSAI.........................          50       2,811       0.018         187           3         187           3
Other rockfish.......................  BS...........................          18         621       0.029         383          11         383          11
                                       AI...........................          22         806       0.027         497          13         471          13
Squid................................  BSAI.........................          73       3,328       0.022       1,675          37       1,675          37
Other species........................  BSAI.........................         553      68,672       0.008      42,500         340      51,000        408
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Atka mackerel, flathead sole, rock sole, yellowfin sole, and Aleutian Islands Pacific ocean perch are multiplied by the remainder of the TAC after
  the subtraction of the CDQ reserve under Sec.   679.20(b)(1)(ii)(C).
\2 \ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA
  catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual ITAC
  specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
\3 \ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec.   679.2). In
  2008 and 2009, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
\4 \ Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2008 and 2009 aggregate ITAC of yellowfin
  sole assigned to the Amendment 80 sector and BSAI trawl limited access sector (200,925 mt in 2008 and 180,065 mt in 2009) is greater than 125,000 mt.

    Section 679.64(a)(2) and Tables 40 and 41 of part 679 establish a 
formula for calculating 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 provisions of the AFA (67 FR 
79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 
2007).
    PSC species listed in Table 12 that are caught by listed AFA 
catcher/processors participating in any groundfish fishery other than 
pollock will accrue against the 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 2008 or 2009 PSC sideboard limit 
listed in Table 12 is reached.
    Crab or halibut PSC caught by listed AFA catcher/processors while 
fishing

[[Page 10176]]

for pollock will accrue against the bycatch allowances annually 
specified for either the midwater pollock or the pollock/Atka mackerel/
``other species'' fishery categories under regulations at 
679.21(e)(3)(iv).

   Table 12.--2008 and 2009 BSAI American Fisheries Act Listed Catcher/Processor Prohibited Species Sideboard
                                                     Limits
----------------------------------------------------------------------------------------------------------------
                                                                   2008 and 2009  PSC
                                        Ratio of PSC catch  to    available to  trawl       2008 and 2009  C/P
       PSC species and area \2\               total PSC              vessels after         sideboard limit \1\
                                                                 subtraction of PSQ \1\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI...............                      n/a                      n/a                      286
Red king crab zone 1.................                    0.007                  175,921                    1,231
C. opilio (COBLZ)....................                    0.153                3,884,550                  594,336
C. bairdi
    Zone 1...........................                    0.140                  875,140                  122,520
    Zone 2...........................                    0.050                2,652,210                  132,611
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Refer to Sec.   679.2 for definitions of areas.

AFA Catcher Vessel Sideboard Limits

    Pursuant to 679.64(a), 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 a formula for setting 
AFA catcher vessel groundfish and PSC sideboard limits for the BSAI. 
The basis for these sideboard limits is described in detail in the 
final rules implementing the major provisions of the AFA (67 FR 79692, 
December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). 
Tables 13 and 14 list the 2008 and 2009 AFA catcher vessel sideboard 
limits.
    All harvests of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or incidental catch, will be 
deducted from the 2008 and 2009 sideboard limits listed in Table 13.

         Table 13.--2008 and 2009 American Fisheries Act Catcher Vessel BSAI Groundfish Sideboard Limits
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                   Ratio of
                                                  1995-1997                  2008 AFA                  2009 AFA
                               Fishery by area/     AFA CV        2008       catcher        2009       catcher
           Species                gear/season      catch to     initial       vessel    initial TAC     vessel
                                                  1995-1997      TAC\1\     sideboard       \1\       sideboard
                                                     TAC                      limits                    limits
----------------------------------------------------------------------------------------------------------------
Pacific cod..................  BSAI
                               Jig gear........       0.0000        2,134            0        2,134            0
                               Hook-and-line CV          n/a          n/a          n/a          n/a          n/a
                                 Jan 1-Jun 10..       0.0006          155            0          155            0
                                 Jun 10-Dec 31.       0.0006          149            0          149            0
                               Pot gear CV.....          n/a          n/a          n/a          n/a          n/a
                                 Jan 1-Jun 10..       0.0006        6,496            4        6,496            4
                                 Sept 1-Dec 31.       0.0006        6,241            4        6,241            4
                               CV < 60 feet LOA       0.0006        3,033            2        3,033            2
                                using hook-and-
                                line or pot
                                gear.
                               Trawl gear CV
                                 Jan 20-Apr 1..       0.8609       24,932       21,464       24,932       21,464
                                 Apr 1-Jun 10..       0.8609        3,706        3,190        3,706        3,190
                                 Jun 10-Nov 1..       0.8609        5,054        4,351        5,054        4,351
Sablefish....................  BS trawl gear...       0.0906        1,216          110        1,109          100
                               AI trawl gear...       0.0645          519           33          474           31
Atka mackerel................  Eastern AI/BS
                                 Jan 1-Apr 15..       0.0032        8,706           28        6,831           22
                                 Sept 1-Nov 1..       0.0032        8,707           28        6,832           22
                               Central AI
                                 Jan-Apr 15....       0.0001       10,850            1        8,483            1
                                 HLA limit.....       0.0001        6,510            1        5,090            1
                                 Sept 1-Nov 1..       0.0001       10,850            1        8,484            1
                                 HLA limit.....       0.0001        6,510            1        5,090            1
                               Western AI
                                 Jan-Apr 15....       0.0000        7,546            0        5,894            0
                                 HLA limit.....          n/a        4,528            0        3,536            0
                                 Sept 1-Nov 1..       0.0000        7,546            0        5,894            0
                                 HLA limit.....          n/a        4,528            0        3,536            0
Yellowfin sole \2\...........  BSAI............       0.0647      200,925          n/a      183,065          n/a
Rock sole....................  BSAI............       0.0341       66,975        2,284       66,975        2,284
Greenland turbot.............  BS..............       0.0645        1,488           96        1,488           96
                               AI..............       0.0205          672           14          672           14

[[Page 10177]]

 
Arrowtooth flounder..........  BSAI............       0.0690       63,750        4,399       63,750        4,399
Alaska plaice................  BSAI............       0.0441       42,500        1,874       42,500        1,874
Other flatfish...............  BSAI............       0.0441       18,360          810       18,360          810
Pacific ocean perch..........  BS..............       0.1000        3,570          357        3,485          349
                               Eastern AI......       0.0077        4,376           34        4,295           33
                               Central AI......       0.0025        4,456           11        4,376           11
                               Western AI......       0.0000        6,796            0        6,689            0
Northern rockfish............  BSAI............       0.0084        7,567           64        7,521           63
Shortraker rockfish..........  BSAI............       0.0037          392            1          392            1
Rougheye rockfish............  BSAI............       0.0037          187            1          187            1
Other rockfish...............  BS..............       0.0048          383            2          383            2
                               AI..............       0.0095          497            5          471            4
Squid........................  BSAI............       0.3827        1,675          641        1,675          641
Other species................  BSAI............       0.0541       42,500        2,299       51,000        2,759
Flathead sole................  BS trawl gear...       0.0505       44,650        2,255       44,650        2,255
----------------------------------------------------------------------------------------------------------------
\1\ Atka mackerel, flathead sole, rock sole, yellowfin sole, and Aleutians Islands Pacific ocean perch are
  multiplied by the remainder of the TAC of that species after the subtraction of the CDQ reserve under Sec.
  679.20(b)(1)(ii)(C).
\2\ Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2008 and
  2009 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector
  (200,925 mt in 2008 and 180,065 mt in 2009) is greater than 125,000 mt.

    Halibut and crab PSC listed in Table 14 that are caught by AFA 
catcher vessels participating in any groundfish fishery for groundfish 
other than pollock will accrue against the 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 2008 or 2009 PSC sideboard limit 
listed in Table 14 is reached. The PSC that is caught by AFA catcher 
vessels while fishing for pollock in the BSAI will accrue against the 
bycatch allowances annually specified for either the midwater pollock 
or the pollock/Atka mackerel/''other species'' fishery categories under 
regulations at 679.21(e)(3)(iv).

Table 14.--2008 and 2009 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits for the
                                                    BSAI \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                          2008 and     2008 and
                                                                           AFA catcher    2009 PSC     2009 AFA
                                                                            vessel PSC  limit after    catcher
               PSC species                  Target fishery category \2\     sideboard   subtraction   vessel PSC
                                                                           limit ratio     of PSQ     sideboard
                                                                                          reserves      limit
----------------------------------------------------------------------------------------------------------------
Halibut.................................  Pacific cod trawl..............          n/a          n/a          887
                                          Pacific cod hook-and-line or             n/a          n/a            2
                                           pot.
                                          Yellowfin sole total...........          n/a          n/a          101
                                          Rock sole/flathead sole/other            n/a          n/a          228
                                           flatfish total \5\.
                                          Turbot/Arrowtooth/Sablefish....          n/a          n/a            0
                                          Rockfish (June 1-December 31)..          n/a          n/a            2
                                          Pollock/Atka mackerel/other              n/a          n/a            5
                                           species.
Red king crab Zone 1 \3,4\..............  n/a............................        0.299      175,921       52,600
C. opilio COBLZ \3\.....................  n/a............................        0.168    3,884,550      652,604
C. bairdi Zone 1 \3\....................  n/a............................        0.330      875,140      288,796
C. bairdi Zone 2 \3\....................  n/a............................        0.186    2,652,210      493,311
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Target fishery categories are defined in regulation at Sec.  679.21(e)(3)(iv).
\3\ Refer to Sec.  679.2 for definitions of areas.
\4\ In December 2007, the Council recommended that red king crab bycatch for trawl fisheries within the RKCSS be
  limited to 25 percent of the red king crab PSC allowance (see Sec.  679.21(e)(3)(ii)(B)(2)).
\5\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), flathead sole, Greenland turbot, rock sole, yellowfin sole, and arrowtooth flounder.


[[Page 10178]]

AFA Catcher/Processor and Catcher Vessel Sideboard Directed Fishing 
Closures

    The Regional Administrator has determined that many of the AFA 
catcher/processor and catcher vessel sideboard limits listed in Tables 
15 and 16 are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2008 fishing year. In 
accordance with 679.20(d)(1)(iv), the Regional Administrator 
establishes the sideboard limits listed in Tables 15 and 16 as DFAs. 
The Regional Administrator finds that many of these DFAs will be 
reached before the end of the year. Therefore, in accordance with 
679.20(d)(1)(iii), NMFS is prohibiting directed fishing by listed AFA 
catcher/processors for the species in the specified areas set out in 
Table 15 and directed fishing by non-exempt AFA catcher vessels for the 
species in the specified areas set out in Table 16.

Table 15.--2008 and 2009 American Fisheries Act Listed Catcher/Processor Sideboard Directed Fishing Closures \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                            2008         2009
               Species                          Area                  Gear types         Sideboard    Sideboard
                                                                                           limit        limit
----------------------------------------------------------------------------------------------------------------
Sablefish trawl.....................  BS.....................  trawl..................           19           18
                                      AI.....................  trawl..................            0            0
Rock sole...........................  BSAI...................  all....................        2,478        2,478
Greenland turbot....................  BS.....................  all....................           10           10
                                      AI.....................  all....................            3            3
Arrowtooth flounder.................  BSAI...................  all....................          128          128
Flathead sole.......................  BSAI...................  all....................        1,607        1,607
Pacific ocean perch.................  BS.....................  all....................            7            7
                                      Eastern AI.............  all....................           88           86
                                      Central AI.............  all....................            4            4
                                      Western AI.............  all....................           27           27
Northern rockfish...................  BSAI...................  all....................           53           53
Shortraker rockfish.................  BSAI...................  all....................            7            7
Rougheye rockfish...................  BSAI...................  all....................            3            3
Other rockfish......................  BS.....................  all....................           11           11
                                      AI.....................  all....................           13           13
Squid...............................  BSAI...................  all....................           37           37
``Other species''...................  BSAI...................  all....................          340          408
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.


     Table 16.--2008 and 2009 American Fisheries Act Catcher Vessel Sideboard Directed Fishing Closures \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                            2008         2009
               Species                          Area                  Gear types         Sideboard    Sideboard
                                                                                           limit        limit
----------------------------------------------------------------------------------------------------------------
Pacific cod.........................  BSAI...................  hook-and-line..........            0            0
                                      BSAI...................  pot....................            8            8
                                      BSAI...................  jig....................            0            0
Sablefish...........................  BS.....................  trawl..................          110          100
                                      AI.....................  trawl..................           33           31
Atka mackerel.......................  Eastern AI/BS..........  all....................           56           44
                                      Central AI.............  all....................            2            2
                                      Western AI.............  all....................            0            0
Greenland turbot....................  BS.....................  all....................           96           96
                                      AI.....................  all....................           14           14
Arrowtooth flounder.................  BSAI...................  all....................        4,399        4,399
Flathead sole.......................  BSAI...................  all....................        2,255        2,255
Rock sole...........................  BSAI...................  all....................        2,284        2,284
Pacific ocean perch.................  BS.....................  all....................          357          349
                                      Eastern AI.............  all....................           34           33
                                      Central AI.............  all....................           11           11
                                      Western AI.............  all....................            0            0
Northern rockfish...................  BSAI...................  all....................           64           63
Shortraker rockfish.................  BSAI...................  all....................            1            1
Rougheye rockfish...................  BSAI...................  all....................            1            1
Other rockfish......................  BS.....................  all....................            2            2
                                      AI.....................  all....................            5            4
Squid...............................  BSAI...................  all....................          641          641
``Other species''...................  BSAI...................  all....................        2,299        2,759
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.


[[Page 10179]]

Response to Comments

    NMFS received two letters of comment (eight comments) in response 
to the proposed 2008 and 2009 harvest specifications. These comments 
are summarized and responded to below.
    Comment 1: Explain why the catch specifications as reported in the 
proposed harvest specifications published in the Federal Register do 
not match the actual numbers discussed and recommended by the 
Groundfish Plan Teams, Scientific and Statistical Committee, or the 
North Pacific Fishery Management Council in December 2007.
    Response: NMFS's primary objective in the harvest specifications 
process is the conservation and management of fish resources. The 
harvest specifications process was developed to balance the use of the 
best available scientific information from the most recent Stock 
Assessment and Fishery Evaluation (SAFE) reports with the notice and 
comment procedures required by the Administrative Procedure Act that 
allow public participation in the development of rules for more 
informed agency decision making. Chapter 3 of the Alaska Groundfish 
Harvest Specifications Final Environmental Impact Statement, January 
2007, provides a detailed description of the harvest specifications 
process and is available on the NMFS Web site at http://www.fakr.noaa.gov/analyses/specs/eis/final.pdf.
    As explained in the proposed harvest specifications, the Council 
recommended the proposed harvest specifications for 2008 and 2009 in 
October 2007. NMFS then published the proposed harvest specifications 
in the Federal Register (72 FR 68833, December 6, 2007). The Council 
used the best information available at the time in recommending that 
proposed 2008 and 2009 overfishing levels (OFLs), acceptable biological 
catches (ABCs), and total allowable catches (TACs) be set equal to the 
2008 amounts previously published in the Federal Register (72 FR 9451, 
March 2, 2007). The proposed harvest specifications in October 2007 
were based largely on information contained in the 2006 SAFE reports 
for the BSAI groundfish fisheries, dated November 2006, because the 
2007 SAFE reports were not completed until November 2007.
    In November 2007, the 2007 SAFE reports were forwarded to the 
Council by the Council's Groundfish Plan Teams. The 2007 SAFE reports 
are available on the NMFS Web site at http://www.afsc.noaa.gov/REFM/stocks/assessments.htm. The 2007 SAFE reports contain the best and most 
recent scientific information on the condition of the groundfish 
stocks, including projected biomass trends, information on assumed 
distribution of stock biomass, and revised methods used to calculate 
stock biomass. In December 2007, the Council developed recommendations 
for the final harvest specifications based on the new information in 
the 2007 SAFE reports, public testimony, and the Scientific and 
Statistical Committee's reviews of the SAFE reports and 
recommendations. NMFS reviewed the Council's final harvest 
specifications recommendations and public comments on the proposed 
harvest specifications, and determined that the final harvest 
specifications were (1) set using the most recent scientific 
information according to the harvest strategy, (2) are within the 
optimum yield established for the BSAI, and (3) do not exceed the ABC 
for any single species or species complex.
    Comment 2: The commenter does not support the BSAI pollock ABC of 
one million mt for 2008 and 2009, as calculated under Tier 1. Harvest 
levels should be lower because of poor pollock recruitment, uncertainty 
in the strength of year classes, and uncertainty in the impact of 
global warming on pollock stocks. The commenter recommends a pollock 
ABC of 555,000 mt for 2008 and 650,000 mt for 2009, as calculated under 
Tier 3b.
    Response: The SSC has consistently placed this stock in the Tier 1 
category where the estimates of stock productivity specific to Bering 
Sea subarea pollock apply (as opposed to the proxy values used in Tier 
3). This gives a maximum permissible risk-averse ABC level of 1.17 
million mt for 2008. The upper limit of the harvest control rule has 
consideration of uncertainty built in and has an added mechanism to 
further reduce harvest rates as the stock drops below the maximum 
sustainable yield biomass level. However, due to additional concerns 
about stock uncertainty and the desire to further reduce exploitation 
rates, the SSC agreed with the stock assessment authors and the Plan 
Team and recommended that the 2008 and 2009 BSAI pollock ABC be set to 
1 million mt, which is about 15 percent below the maximum permissible 
ABC. This corresponds to a harvest rate that would be considerably 
lower than the one used in recent years and similar to past values.
    The TACs, which are the amount of fish the fishery may harvest, are 
set either at or below the ABCs. Even without this approximately 15 
percent reduction, the assessment model and the harvest policy to 
determine ABC for pollock is precautionary in a number of ways: (1) 
There is a conservative constraint on the stock-recruit steepness 
parameter; (2) as uncertainty increases, the ABC decreases because the 
estimate of the FMSY (which is the fishing mortality rate 
expected to result in a long-term average catch approximating maximum 
sustainable yield) is applied in a formally risk-averse manner; and (3) 
an added proportional drop in the harvest rate is applied as the stock 
drops below the level of biomass that results from fishing at constant 
FMSY.
    For the near term, the 2006 year-class appears strong based on age-
1 abundance in both the echo-integration trawl survey and bottom trawl 
surveys, suggesting that the recent spawning levels are capable of 
generating good recruitment. However, because survival rates are 
variable at these young ages, the impact of this year-class on 
rebuilding the stock is uncertain. Projections suggest that the 
population is expected to rebuild to the maximum sustainable yield 
level by 2010 with the caveat that the predictive uncertainty remains 
relatively high.
    Comment 3: The optimum yield range is far beyond a healthy range 
and allows overfishing. Cut the ``range'' in half. All TACs are double 
the size they should be for ocean health and food to support whales and 
all marine mammals.
    Response: The optimum yield range for BSAI groundfish is 85 percent 
of the historical estimate of the maximum sustainable yield (1.7 to 2.4 
million mt) or 1.4 to 2.0 million mt. The sum of the 2008 TACs is 1.8 
million mt, which is significantly below the upper end of the optimum 
yield range for the BSAI. NMFS finds that the recommended overfishing 
levels are consistent with the biological condition of groundfish 
stocks as described in the 2007 SAFE report. The overfishing levels are 
harvest limits rather than targets and ABCs and TACs are set below the 
overfishing levels. Currently, no Alaska groundfish species are known 
to be overfished. See responses to comments 1 and 2.
    Additionally, as detailed in the SAFE reports, ecosystem 
considerations are incorporated into the harvest specifications 
process, including consideration of the needs of marine mammals.
    Comment 4: It is difficult to understand the process in which NMFS 
addresses the impacts of the Federal groundfish fisheries on the North 
Pacific ecosystem. No existing National Environmental Policy Act (NEPA) 
document adequately assesses the effects of the total allowable catch 
levels under current circumstances. Removing

[[Page 10180]]

millions of tons of fish from the ecosystem using various types of 
gear, including trawl gear, is likely to have significant effects on 
the environment, and on fish habitat in particular. Given prevailing 
ecological and ecosystem conditions and the implications of fishery 
removals, NMFS must prepare an EIS to evaluate the impacts of the 2008 
and 2009 harvest specifications.
    Response: NMFS analyzed the impacts of the Federal groundfish 
fisheries on the North Pacific ecosystem in the Alaska Groundfish 
Harvest Specifications Final Environmental Impact Statement, January 
2007. The EIS examined alternative harvest strategies and projected TAC 
levels for the federally managed groundfish fisheries in the BSAI 
management area that comply with Federal regulations, the FMPs, and the 
Magnuson-Stevens Act. The preferred harvest strategy prescribes setting 
TACs for groundfish species and species complexes through the Council's 
harvest specifications process.
    Each year, NMFS and the Council utilize the best available 
scientific information to derive annual harvest specifications, which 
include TACs and prohibited species catch limits for the following two 
years. The Council's Groundfish Plan Teams and Scientific and 
Statistical Committee use stock assessments to calculate biomass, 
overfishing levels, and ABC limits for each species or species group 
for specified management areas. The annual SAFE reports include an 
ecosystem considerations chapter which is used by the stock assessment 
scientists in the development of the assessments and the recommended 
ABCs. The SAFE reports detail how ecosystem considerations are 
incorporated into the assessment process.
    Overfishing levels and ABCs provide the foundation for the Council 
and NMFS to develop the TACs. Overfishing levels and ABC amounts 
reflect fishery science, applied pursuant to the requirements of the 
FMPs. The TACs recommended by the Council are either at or below the 
ABCs. The sum of the TACs for each area is constrained by the optimum 
yield established for that area.
    The EIS evaluated the consequences of alternative harvest 
strategies and projected TAC levels on ecosystem components and the 
ecosystem as a whole. Chapter 2 of the Groundfish EIS points to the 
implications of overall declines in pollock and Pacific cod biomass, 
discusses the resulting decreases in TACs for those species, and 
identifies potential increases in flatfish TACs. These changes in 
abundance and TAC levels were evaluated in the EIS. The EIS assessed 
the environmental consequences of each alternative on target species, 
non-specified species, forage species, prohibited species, marine 
mammals, seabirds, essential fish habitat, ecosystem relationships, the 
economy, and environmental justice. Ecosystem impacts were evaluated 
with respect to predator-prey relationships, energy flow and balance, 
and diversity.
    NMFS also prepared a Supplemental Information Report to evaluate 
the need to prepare a Supplemental EIS for the 2008 and 2009 groundfish 
harvest specifications. The Supplemental Information Report is 
available on the NMFS Web site at http://www.fakr.noaa.gov/analyses/specs/eis/default.htm. A Supplemental EIS is required if (1) the agency 
makes substantial changes in the proposed action that are relevant to 
environmental concerns, or (2) significant new circumstances or 
information exist relevant to environmental concerns and bearing on the 
proposed action or its impacts (40 CFR 1502.9(c)(1)).
    In this report, NMFS analyzed the information contained in the 
Council's 2007 SAFE reports and other information available to NMFS and 
the Council to determine whether a Supplemental EIS should be prepared. 
As described in the report, NMFS concluded that the 2008 and 2009 
harvest specifications are consistent with the preferred alternative 
harvest strategy analyzed in the EIS because they were set through the 
harvest specifications process pursuant to the selected harvest 
strategy, are within the optimum yield established for the BSAI, and do 
not exceed the ABC for any single species or species complex. The 
preferred harvest strategy analyzed in the EIS anticipated that new 
information on changes in species abundance would be used in setting 
the annual harvest specifications and was designed to adjust to such 
fluctuations.
    As described in the Supplemental Information Report, the 
information used to set the 2008 and 2009 harvest specifications is not 
significant relative to the environmental impacts analyzed in the EIS 
and it raises no new environmental concerns significantly different 
from those previously analyzed in the EIS. The harvest specifications 
process and the environmental consequences of the selected harvest 
strategy are fully described in the EIS. Thus, NMFS concluded that the 
new information available is not of a scale and scope that require a 
Supplemental EIS.
    Comment 5: NEPA and the Magnuson-Stevens Act require NMFS to 
undertake a new, credible analysis of habitat and bycatch impacts 
before raising flatfish quotas. The Essential Fish Habitat EIS and the 
Alaska Groundfish Harvest Specifications EIS are not sufficient to 
evaluate the potential impacts, including bottom habitat impacts, of an 
increase in the flatfish harvests, the use of bottom trawls, and 
redistribution of fishing effort.
    Response: NMFS has performed an appropriate analysis of the 
potential impacts, including bottom habitat impacts, of an increase in 
the flatfish harvests, the use of bottom trawls, and redistribution of 
fishing effort. The Alaska Groundfish Harvest Specifications Final EIS 
(Groundfish EIS, January 2007) based its conclusions on the Final EIS 
for Essential Fish Habitat Identification and Conservation in Alaska 
(EFH EIS, April 2005, available on the NMFS Web site at http://www.fakr.noaa.gov/habitat/seis/efheis.htm) analysis and on the 
extensive habitat protection measures enacted after the EFH EIS was 
finalized. The EFH EIS represents the best available science and fully 
discloses the uncertainties in understanding the impacts of fishing on 
EFH. The EFH EIS concludes that the effects on EFH are minimal, 
although some may be persistent, because the analysis found no 
indication that continued fishing activities at the current rate and 
intensity would alter the capacity of EFH to support healthy 
populations of managed species over the long term.
    Due to the uncertainties identified in the EFH EIS, the Council 
recommended, and NMFS implemented, precautionary measures to protect 
nearly 300,000 square nautical miles of habitat identified as EFH and 
habitat areas of particular concern from the effects of fishing 
activities in the Aleutian Islands subarea (71 FR 36694, June 28, 
2006).
    Additionally, the Council recommended and NMFS is in the process of 
implementing habitat protection measures for the Bering Sea subarea 
under Amendment 89. Amendment 89, if approved, would close portions of 
the Bering Sea to non-pelagic trawling, including flatfish fishing, to 
ensure fishing remained in historically fished areas and prevent 
substantial redistribution of effort from increased TAC levels. This 
amendment and proposed rule is scheduled to be published in the spring 
and implemented by fall 2008. An Environmental Assessment was prepared 
for this action. It analyzes the impacts of bottom trawl gear on 
habitat

[[Page 10181]]

in the Bering Sea and the impacts from closing these specific areas to 
bottom trawl gear. The Environmental Assessment is available on the 
NMFS Web site at http://www.fakr.noaa.gov/npfmc/current_issues/BSHC/BSHC307.pdf.
    The Groundfish EIS projects increases in flatfish TACs under the 
preferred harvest strategy and under Alternative 1. Chapter 2 of the 
Groundfish EIS points to the implications of overall declines in 
pollock and Pacific cod biomass, the resulting decreases in TACs for 
those species, and identifies potential increases in flatfish TACs. 
Potential changes in flatfish TACs are evaluated in the EIS where 
changes in flatfish harvests may impact resource components. For 
example, there are discussions in Chapter 8 on marine mammals, Chapter 
10 on habitat, Chapter 11 on ecosystem relationships, and Chapter 12 on 
economic and social factors. For habitat, the EIS concluded that since 
flatfish are harvested with bottom gear, the impacts to habitat may 
increase with an increase in flatfish TACs. However, increased TACs may 
not lead to proportionate increases in fishing activity or harvests, or 
benthic habitat impacts. The flatfish fisheries routinely do not 
harvest the full TAC because of halibut PSC constraints and limited 
marketability for some flatfish species. It may not be possible to 
market the increased quantities of many of these species (for example, 
increased arrowtooth flounder TACs). In other instances, incidental 
catch constraints for PSC species, like halibut, may limit the 
industry's ability to catch the increased TACs. The halibut PSC limits 
and the marketability of some flatfish species, such as arrowtooth 
flounder, are not likely to change in 2008. Due to these factors, 
actual flatfish harvest in 2008 is likely to be lower than the 
predicted TAC amounts.
    Additionally, the EFH conservation measures, closures of habitat 
areas of particular concern, and other area closures and gear 
restrictions established in the FMPs protect areas of ecological 
importance to the long-term sustainability of managed species from 
fishing impacts, regardless of the TAC levels.
    Thus, NMFS concluded that the preferred harvest strategy impacts 
EFH for managed species, but that the available information does not 
identify effects of fishing that are more than minimal. An increase in 
flatfish TACs would not change this conclusion because of the existing 
habitat protection measures and the limits on the actual flatfish 
harvests that prevent the TAC from being fully harvested. Additionally, 
the general location of the fisheries, the fishing seasons, and the 
gear used in the fisheries are not likely to be changed by the 2008 and 
2009 TAC changes.
    Comment 6: The current level of Chinook salmon bycatch in the 
pollock trawl fishery is unacceptable. The interception of Yukon River 
Chinook by the pollock trawl fishery has resulted in below average 
returns, escapement goals not being met, and village elders finding it 
more difficult to locate fish.
    Response: NMFS agrees that the increasing amount of salmon bycatch 
in the BSAI pollock fisheries is a concern because of the potential for 
negative impacts on salmon stocks. NMFS has implemented management 
measures to reduce salmon bycatch in the pollock fishery, and NMFS and 
the Council are analyzing additional bycatch reduction measures. NMFS, 
the University of Washington, and the State of Alaska are conducting 
scientific research to determine the origins of the salmon caught in 
the pollock fishery. NMFS, the Council, and the State of Alaska are 
working to determine the impacts of the salmon bycatch on western 
Alaska stocks. Additionally, the substantial reductions in pollock TACs 
from 2007 to 2008 may result in a reduction in salmon bycatch.
    NMFS agrees that salmon bycatch is an important issue and that 
salmon of western Alaska origin caught in the groundfish fisheries are 
not available for escapement, subsistence fisheries, and commercial 
fisheries. However, limited information is available on salmon biomass 
and the river of origin for salmon bycatch. Research is underway to 
address these informational deficiencies. As a result, at present, NMFS 
is unable to determine whether high bycatch amounts in the pollock 
fishery are due to high salmon abundance in the Bering Sea, or whether 
these high bycatch amounts affect western Alaska salmon runs. NMFS 
anticipates that new information on the genetic profile of salmon 
bycatch will soon be available and summarized in the analysis of the 
alternative salmon bycatch reduction measures being prepared for 
Council consideration. When it is available, this information will be 
an important consideration in developing responsive management measures 
to reduce salmon bycatch and understand the potential impacts of salmon 
bycatch on individual salmon stocks.
    Amendment 84 and its implementing regulations give the pollock 
industry more flexibility to move its fishing operations to avoid areas 
of high salmon bycatch rates. This action exempted vessels 
participating in salmon bycatch intercooperative agreements from 
existing salmon bycatch closure areas. NMFS implemented Amendment 84 
with a final rule published in the Federal Register on October 29, 2007 
(72 FR 61070). In recommending Amendment 84, the Council recognized 
that current regulatory management measures, including a bycatch cap 
that triggered closure of fixed salmon savings areas, have not been 
effective at reducing salmon bycatch. Amendment 84 provides an 
alternative approach to managing salmon bycatch which has the potential 
to be more effective than current regulations.
    NMFS and the Council have begun a process pursuant to the Magnuson-
Stevens Act and NEPA to analyze alternative management measures to the 
current Chinook and Chum Salmon Savings Areas in the BSAI. NMFS and the 
Council published a notice of intent to prepare an EIS on salmon 
bycatch reduction measures in the BSAI (72 FR 72994, December 26, 
2007). The proposed action would replace the current Chinook and Chum 
Salmon Savings Areas in the BSAI with new regulatory closures, salmon 
bycatch limits, or a combination of both. These management measures 
could incorporate current or new bycatch reduction methods. During the 
approximately two-month scoping period from December 26, 2007, to 
February 15, 2008, NMFS solicited written comments from the public to 
determine the issues of concern and the appropriate range of management 
alternatives for analysis in the EIS.
    Comment 7: The high levels of salmon bycatch call into question 
NMFS's compliance with the Endangered Species Act (ESA), the Magnuson-
Stevens Act, the Pacific Salmon Treaty, and the Convention of 
Anadromous Stocks in the North Pacific Ocean.
    Response: NMFS management of the BSAI pollock fisheries is in 
compliance with the ESA, the Magnuson-Stevens Act, the Pacific Salmon 
Treaty, the Convention of Anadromous Stocks in the North Pacific Ocean, 
and other applicable law.
    NMFS is complying with the ESA through section 7 consultations on 
the Alaska groundfish fisheries, including the BSAI pollock fishery, 
regarding the potential incidental take of ESA-listed salmon. In 
January 2007, the NMFS Northwest Region completed a biological opinion 
on the effects of the BSAI groundfish fisheries on ESA-listed salmon. 
Most of the incidental take of Chinook salmon occurs in the BSAI 
pollock fishery. In this biological opinion, the incidental take 
statement

[[Page 10182]]

for the Upper Willamette and Lower Columbia River ESA-listed Chinook 
salmon stocks taken by the BSAI groundfish fisheries was based on the 
range of recent observations of Chinook salmon taken in those fisheries 
and on the coded-wire tag recoveries of surrogates of these ESA-listed 
stocks. Based on coded-wire tag recoveries of salmon taken in the BSAI 
groundfish fisheries, salmon from the Upper Williamette River and Lower 
Columbia River ESA-listed Chinook stocks may be taken in the BSAI 
groundfish fisheries. However, no evidence confirms that any ESA-listed 
salmon have in fact been taken in the BSAI groundfish fisheries.
    Between 2001 and 2006, the incidental take of Chinook salmon in the 
BSAI groundfish fisheries ranged from 36,000 fish to 87,500 fish. 
Coded-wire tag recoveries for surrogates for the Lower Columbia River 
and Upper Willamette River ESA-listed Chinook salmon stocks taken in 
the BSAI groundfish fisheries has ranged from 0 to a few fish between 
2001 and 2006. The biological opinion concluded that the BSAI 
groundfish fisheries are not likely to jeopardize the continued 
existence or adversely modify critical habitat for the Upper Willamette 
River and Lower Columbia River ESA-listed Chinook salmon stocks.
    NMFS Alaska Region is currently consulting with NMFS Northwest 
Region on the 2007 incidental take of Chinook salmon in the BSAI 
groundfish fisheries. The incidental take of Chinook salmon in the 2007 
BSAI groundfish fisheries was approximately 130,000 fish. Even though 
the number of Chinook salmon incidentally taken in 2007 was higher than 
seen in previous years, no coded-wire tag surrogates from ESA-listed 
salmon stocks have been recovered from the samples of bycaught salmon 
analyzed to date. Analysis of coded-wire tags collected during the 2007 
BSAI groundfish fisheries will be completed in late 2008.
    Amendment 84 and its implementing regulations are consistent with 
National Standard 9 of the Magnuson-Stevens Act because they increase 
the ability of fishery participants to minimize salmon bycatch to the 
extent practicable. Amendment 84 provides participants in the pollock 
fisheries the flexibility to conduct pollock fishing in areas of 
relatively lower salmon bycatch rates and to be responsive to current 
bycatch rates rather than relying on static closure areas that were 
established based on historical high bycatch rates.
    NMFS and the Council are complying with the Magnuson-Stevens Act in 
developing additional salmon bycatch reduction measures though the 
deliberative Council and public processes established in Title III of 
the Magnuson-Stevens Act. See response to comment 4. The Council 
develops and evaluates management measures to ensure that there is a 
careful analysis of the distinctive elements of the alternatives for 
each type of measure. This analysis is vital to ensuring that any 
salmon bycatch reduction measure implemented accomplishes the National 
Standard 9 requirement to minimize bycatch to the extent practicable. 
NMFS and the Council are also complying with the analytical 
requirements of NEPA, Executive Order 12866, and the Regulatory 
Flexibility Act by evaluating existing measures and developing 
alternatives that may be necessary to further reduce salmon bycatch.
    NMFS and the Council are also complying with the obligations in the 
Yukon River Agreement to the Pacific Salmon Treaty by developing and 
analyzing alternative measures to reduce salmon bycatch through the 
Council process. The Agreement states that the ``Parties shall maintain 
efforts to increase the in-river run of Yukon River origin salmon by 
reducing marine catches and by-catches of Yukon River salmon. They 
shall further identify, quantify and undertake efforts to reduce these 
catches and by-catches'' (Art. XV, Annex IV, Ch. 8, Cl. 12). Amendment 
84 is consistent with the Yukon River Agreement because it is an 
element of the Council's efforts to reduce bycatch of western Alaska 
salmon in the BSAI groundfish fisheries. Additionally, NMFS and the 
Council are working through the Council's public process to resolve 
substantive issues involving whether the salmon bycaught in the Bering 
Sea originated from the Yukon River and whether additional efforts are 
necessary to ensure compliance with the Agreement. Additionally, NMFS 
and the Council are considering the recommendations of the Yukon River 
Panel.
    Finally, NMFS and the Council are complying with the obligations in 
the Convention of Anadromous Stocks in the North Pacific Ocean, which 
requires that incidental taking of anadromous fish shall be minimized 
to the maximum extent practicable. NMFS and the Council have 
implemented management measures to reduce the incidental take of salmon 
in the pollock fishery, first through the Chinook and Chum Salmon 
Savings Areas, and currently with the Amendment 84 salmon bycatch 
intercooperative agreement and the voluntary rolling hotspot system. 
Additionally, as explained in the response to comment 6, the Council is 
in the process of evaluating these existing measures and developing 
alternatives that may be necessary to further reduce salmon bycatch.
    Comment 8: NMFS is required to take immediate action to reduce 
salmon bycatch in the pollock trawl fishery.
    Response: NMFS and the Council have taken and are taking action to 
reduce salmon bycatch in the pollock trawl fishery because of the 
potential for negative impacts on salmon stocks. Existing measures have 
reduced salmon bycatch rates in the pollock fishery compared with what 
they would have been without the measures. NMFS and the Council are 
engaged in a comprehensive process to evaluate these existing measures 
and develop alternatives that may be necessary to further reduce salmon 
bycatch. See response to comment 6. Applicable Federal law requires 
that bycatch be minimized to the extent practicable and establishes 
processes for assessment and responsive implementation of appropriate 
management measures if and when warranted. The Council and NMFS are 
engaged in that assessment process with a schedule for decision making 
and establishment of any new salmon bycatch reduction measures in the 
pollock fishery. No applicable Federal law requires NMFS to truncate or 
accelerate this process.

Classification

    NMFS determined that the FMP is necessary for the conservation and 
management of the BSAI groundfish fishery and that it is consistent 
with the Magnuson-Stevens Fishery Conservation and Management Act and 
other applicable laws.
    This action is authorized under 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. In January 2007, 
NMFS prepared a Supplemental Information Report (SIR) for the Alaska 
Groundfish Harvest Specifications. Copies of the Final EIS, ROD, and 
SIR for this action are available from NMFS, Alaska Region (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. The SIR evaluates the 
need to prepare a Supplemental EIS (SEIS) for the 2008 and 2009 
groundfish harvest specifications.
    An SEIS should be prepared if (1) the agency makes substantial 
changes in the

[[Page 10183]]

proposed action that are relevant to environmental concerns, or (2) 
significant new circumstances or information exist relevant to 
environmental concerns and bearing on the proposed action or its 
impacts (40 CFR 1502.9(c)(1)). After reviewing all relevant 
information, including the information contained in the SIR and SAFE 
reports, the Administrator for the Alaska Region has determined that 
(1) approval of the 2008 and 2009 harvest specifications, which were 
set according to the preferred harvest strategy in the final EIS, do 
not constitute substantial changes in the action, and (2) there are no 
significant new circumstances or information relevant to environmental 
concerns and bearing on the action or its impacts. Moreover, the 2008 
and 2009 harvest specifications will result in environmental impacts 
within the scope of those analyzed and disclosed in the EIS. Therefore, 
supplemental NEPA documentation is not necessary to implement the 2008 
and 2009 harvest specifications.
    The proposed harvest specifications were published in the Federal 
Register on December 6, 2007 (72 FR 68833). An Initial Regulatory 
Flexibility Analysis (IRFA) was prepared to evaluate the impacts on 
small entities of alternative harvest strategies for the groundfish 
fisheries in the Exclusive Economic Zone (EEZ) off Alaska on small 
entities. The public comment period ended on January 16, 2007. No 
comments were received regarding the IRFA or the economic impacts of 
this action. A Final Regulatory Flexibility Analysis (FRFA) was 
prepared that 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). Copies of the IRFA 
and FRFA prepared for this action are available from NMFS, Alaska 
Region (see ADDRESSES). A summary of the FRFA follows.
    The action under consideration is adoption of a harvest strategy to 
govern the harvest of groundfish in the BSAI. The preferred alternative 
is the status quo harvest strategy in which TACs fall within the range 
of ABCs recommended through the Council's harvest specification process 
and TACs recommended by the Council. This action is taken in accordance 
with the FMP and adopted by the Council pursuant to the Magnuson-
Stevens Act.
    The need for and objectives of this rule are described in the 
preamble and not repeated here.
    Significant issues raised by public comment are addressed in the 
preamble and not repeated here.
    The directly regulated small entities include approximately 747 
small catcher vessels, fewer than 17 small catcher-processors, and six 
Community Development Quota (CDQ) groups. The entities directly 
regulated by this action are those that harvest groundfish in the EEZ 
of the BSAI, and in parallel fisheries within State of Alaska waters. 
These include entities operating catcher vessels and catcher/processor 
vessels within the action area, and entities receiving direct 
allocations of groundfish. Catcher vessels and catcher/processors were 
considered to be small entities if their annual gross receipts 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. 
CDQ groups receive direct allocations of groundfish, and these were 
considered to be small entities because they are non-profit entities. 
The Aleut Corporation is not a small entity because it is a holding 
company which does not meet the Small Business Administration's $6 
million threshold for holding companies (13 CFR 121.201).
    Estimates of first wholesale gross revenues for the BSAI non-CDQ 
and CDQ sectors were used as indices of the potential impacts of the 
alternative harvest strategies on small entities. Revenues were 
projected to decline from 2007 levels in 2008 and 2009 under the 
preferred alternative due to declines in ABCs for key species.
    The preferred alternative (Alternative 2) was compared to four 
other alternatives. These included Alternative 1, which would have set 
TACs so as to generate fishing rates equal to the maximum permissible 
ABC (if the full TAC were harvested), unless the sum of TACs exceeded 
the regional optimum yield (OY), in which case harvests would have been 
limited to the OY. Alternative 3 would have set TACs to produce fishing 
rates equal to the most recent five year average of fishing rates. 
Alternative 4 would have set TACs to equal the lower limit of the 
regional OY range. Alternative 5 would have set TACs equal to zero.
    Alternatives 3, 4, and 5 produced smaller first wholesale revenues 
for each of the three groupings, than Alternative 2. Thus, Alternatives 
3, 4 and 5 had greater adverse impacts on small entities. Alternative 1 
sets the TACs equal to the maximum permissible ABC unless the sum of 
these TACs exceed the OY. In 2008 and 2009, the sum of the maximum 
permissible ABCs exceeded the OY. Therefore, the TACs under Alternative 
1 were set equal to the OY. Also, Alternative 2 TACs are constrained by 
the ABCs that the Plan Team and SSC recommend to the Council on the 
basis of a full consideration of biological issues. These ABCs are 
often less than Alternative 1 maximum permissible ABCs. Therefore 
higher TACs under Alternative 1 may not be consistent with prudent 
biological management of the resource. For these reasons, Alternative 2 
is the preferred alternative in the BSAI (for both non-CDQ and CDQ 
groups).
    This action does not modify any recordkeeping or reporting 
requirements.
    Adverse impacts on marine mammals resulting from fishing activities 
conducted under this rule are discussed in the Final EIS (see 
ADDRESSES).
    Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive the 30-day delay in 
effectiveness for this rule. Plan Team review occurred in November 
2007, Council consideration and recommendations in December 2007, and 
NOAA Fisheries review and development in January-February 2008. For all 
fisheries not currently closed because the TACs established under the 
2007 and 2008 final harvest specifications (72 FR 9451, March 2, 2007) 
were not reached, the likely possibility exists that they will be 
closed prior to the expiration of a 30-day delayed effectiveness period 
because their TACs could be reached. For example, pollock, Pacific cod, 
and Atka mackerel are intensive, fast-paced fisheries. The TACs for 
these fisheries are likely to be reached quickly, possibly within 30-
days and, as a result, those fisheries could close for the A season 
before the rulemaking took effect. Similarly, other fisheries, such as 
those for flatfish, rockfish, and ``other species,'' are critical as 
directed fisheries and as incidental catch in other fisheries. If the 
TACs for these fisheries were reached before the rulemaking took 
effect, these species may have to be discarded while fishing continued 
under the existing, 2007 regulations. U.S. fishing vessels have 
demonstrated the capacity to catch the TAC allocations in all these 
fisheries. Any delay in allocating the final TACs in these fisheries 
would cause disruption to the industry and potential economic harm 
through unnecessary discards. Determining which fisheries may close is 
impossible because these fisheries are affected by several factors that 
cannot be predicted in advance, including fishing effort, weather, 
movement of fishery stocks, and market price. Furthermore, the closure 
of one fishery has a cascading effect on other fisheries by

[[Page 10184]]

freeing-up fishing vessels, allowing them to move from closed fisheries 
to open ones, increasing the fishing capacity in those open fisheries 
and causing them to close at an accelerated pace.
    If the final harvest specifications are not effective by March 8, 
2008, which is the start of the Pacific halibut season as specified by 
the IPHC, the hook-and-line sablefish fishery will not begin 
concurrently with the Pacific halibut season. This would result in the 
needless discard of sablefish that are caught along with Pacific 
halibut as both hook-and-line sablefish and Pacific halibut are managed 
under the same IFQ program. Immediate effectiveness of the final 2008 
and 2009 harvest specifications will allow the sablefish fishery to 
begin concurrently with the Pacific halibut season. Also, the immediate 
effectiveness of this action is required to provide consistent 
management and conservation of fishery resources based on the best 
available scientific information, and to give the fishing industry the 
earliest possible opportunity to plan its fishing operations. Therefore 
NMFS finds good cause to waive the 30-day delay in effectiveness under 
5 U.S.C. 553(d)(3).

Small Entity Compliance Guide

    The following information is a plain language guide to assist small 
entities in complying with this final rule as required by the Small 
Business Regulatory Enforcement Fairness Act of 1996. This final rule's 
primary management measures are to announce final 2008 and 2009 harvest 
specifications and prohibited species bycatch allowances for the 
groundfish fishery of the BSAI. This action is necessary to establish 
harvest limits and associated management measures for groundfish during 
the 2008 and 2009 fishing years and to accomplish the goals and 
objectives of the FMP. This action affects all fishermen who 
participate in the BSAI fishery. The specific amounts of OFL, ABC, TAC, 
and PSC amounts are provided in tabular form to assist the reader.
    NMFS will announce closures of directed fishing in the Federal 
Register and in information bulletins released by the Alaska Region. 
Affected fishermen should keep themselves informed of such closures.

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

    Dated: February 19, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-3512 Filed 2-25-08; 8:45 am]
BILLING CODE 3510-22-P