[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Proposed Rules]
[Pages 14016-14056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6082]



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Part IV





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 679



Fisheries of the Exclusive Economic Zone Off Alaska; Chinook Salmon 
Bycatch Management in the Bering Sea Pollock Fishery; Proposed Rule

  Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / 
Proposed Rules  

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 090511911-91132-01]
RIN 0648-AX89


Fisheries of the Exclusive Economic Zone Off Alaska; Chinook 
Salmon Bycatch Management in the Bering Sea Pollock Fishery

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 91 to the 
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian 
Islands Management Area (FMP). If approved, Amendment 91 would be a 
novel approach to managing Chinook salmon bycatch in the Bering Sea 
pollock fishery that combines a limit on the amount of Chinook salmon 
that may be caught incidentally with an incentive plan agreement and 
performance standard designed to minimize bycatch to the extent 
practicable in all years and prevent bycatch from reaching the limit in 
most years. This action is necessary to minimize Chinook salmon bycatch 
in the Bering Sea pollock fishery to the extent practicable while 
maximizing the potential for the full harvest of the pollock total 
allowable catch within specified prohibited species catch limits. 
Amendment 91 is intended to promote the goals and objectives of the 
Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and 
other applicable laws.

DATES: Comments must be received no later than May 7, 2010.

ADDRESSES: You may submit comments, identified by RIN 0648-AX89, by any 
one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Fax: (907) 586-7557, Attn: Ellen Sebastian.
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Hand Delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Electronic copies of Amendment 91, the Final Environmental Impact 
Statement (EIS), the Final Regulatory Impact Review (RIR), and the 
Initial Regulatory Flexibility Analysis (IRFA) prepared for this action 
may be obtained from http://www.regulations.gov or from the NMFS Alaska 
Region Web site at http://alaskafisheries.noaa.gov. Written comments 
regarding the burden-hour estimates or other aspects of the collection-
of-information requirements contained in this proposed rule may be 
submitted to NMFS at the above address, e-mailed to [email protected], or faxed to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Gretchen Harrington or Seanbob Kelly, 
907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone (EEZ) of the Bering Sea and Aleutian Islands 
Management Area (BSAI) under the Fishery Management Plan for Groundfish 
of the Bering Sea and Aleutian Islands Management Area (FMP). The North 
Pacific Fishery Management Council (Council) prepared the FMP under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. Regulations 
governing U.S. fisheries and implementing the FMP appear at 50 CFR 
parts 600 and 679.
    This proposed rule would implement Amendment 91 to the FMP. The 
Council has submitted Amendment 91 for review by the Secretary of 
Commerce, and a Notice of Availability (NOA) of this amendment was 
published in the Federal Register on February 18, 2010 (75 FR 7228) 
with comments invited through April 19, 2010. Respondents do not need 
to submit the same comments on both the NOA and this proposed rule. All 
relevant written comments received by the end of the applicable comment 
period, whether specifically directed to the FMP amendment, this 
proposed rule, or both, will be considered in the approval/disapproval 
decision for Amendment 91 and addressed in the response to comments in 
the final decision.

The Bering Sea Pollock Fishery

    This proposed rule applies to owners and operators of catcher 
vessels, catcher/processors, motherships, inshore processors, and the 
six Western Alaska Community Development Quota (CDQ) Program groups 
participating in the pollock (Theragra chalcogramma) fishery in the 
Bering Sea (BS) subarea of the BSAI. A detailed physical description of 
the BS subarea is contained in Section 1.3 of the EIS (see ADDRESSES). 
The BS pollock fishery is the largest single species fishery, by 
volume, in the United States. The first wholesale gross value of this 
fishery was more than 1.4 billion dollars in 2008.
    The BS pollock fishery is managed under the American Fisheries Act 
(AFA) (16 U.S.C. 1851 note). Currently, pollock in the BSAI is managed 
as three separate units: the BS subarea, the Aleutian Islands (AI) 
subarea, and the Bogoslof District of the BS subarea. Separate 
overfishing limits, acceptable biological catch limits, and total 
allowable catch (TAC) limits are specified annually for BS pollock, AI 
pollock, and Bogoslof pollock. In 2009, the BS pollock TAC was 815,000 
metric tons (mt), the AI pollock TAC was 19,000 mt, and the Bogoslof 
pollock TAC was 50 mt. Additional information about the pollock 
fisheries is in Section 1.4 of the EIS, Section 2.1 of the RIR (see 
ADDRESSES), and in the annual specifications for the BSAI groundfish 
fisheries (74 FR 7359; February 17, 2009).
    Ten percent of the AI pollock TAC is allocated to the CDQ Program 
while the remaining 90 percent is divided between the Aleut Corporation 
and the incidental catch allowance (70 FR 9856; March 1, 2005). Under 
Sec.  679.22(a)(7)(i), directed fishing for pollock is not allowed in 
the Bogoslof District and the entire TAC is allocated as an incidental 
catch allowance for pollock harvested in other groundfish directed 
fisheries that occur in this area. Amendment 91 would not affect the 
management of pollock fisheries in the AI or the status of pollock 
fishing in the Bogoslof District. This proposed rule applies only to 
management of the pollock fishery in the BS. Therefore, in this 
document, the word ``fishery'' refers only to the BS pollock fishery, 
unless otherwise specified.
    In October 1998, Congress enacted the AFA, which ``rationalized'' 
the BS

[[Page 14017]]

pollock fishery by identifying the vessels and processors eligible to 
participate in the fishery and allocating pollock among those eligible 
participants. Under the AFA, 10 percent of the BS pollock TAC is 
allocated to the CDQ Program. After the CDQ Program allocation is 
subtracted, an amount needed for the incidental catch of pollock in 
other BS groundfish fisheries is subtracted from the TAC. In 2009, the 
CDQ allocation was 81,500 mt of pollock and the incidental catch 
allowance was 29,340 mt. The ``directed fishing allowance'' is the 
remaining amount of pollock, after subtraction of the CDQ Program 
allocation and the incidental catch allowance. The directed fishing 
allowance is then allocated among the AFA inshore sector (50 percent), 
the AFA catcher/processor sector (40 percent), and the AFA mothership 
sector (10 percent). Pollock allocations to the CDQ Program and the 
other three AFA sectors are further allocated annually between two 
seasons--40 percent to the A season (January 20 to June 10) and 60 
percent to the B season (June 10 to November 1).
    The allocation of pollock to the CDQ Program is further allocated 
among the six non-profit corporations (CDQ groups) that represent the 
65 communities eligible for the CDQ Program under section 305(i)(1)(D) 
of the Magnuson-Stevens Act. The percentage allocations of pollock 
among the six CDQ groups that currently are in effect were approved by 
NMFS in 2005 based on recommendations from the State of Alaska (State). 
These percentage allocations are now the required allocations of 
pollock among the CDQ groups under section 305(i)(1)(B) of the 
Magnuson-Stevens Act. More information about the allocations of 
pollock, other groundfish, crab, and prohibited species (including 
Chinook salmon) among the six CDQ groups is provided in a Federal 
Register notice that described the effect of the 2006 amendments to the 
Magnuson-Stevens Act on CDQ Program allocations (71 FR 51804; August 
31, 2006). The CDQ Program also is described in more detail in the 
``Classification'' section of this proposed rule.
    CDQ groups typically sell or lease their pollock allocations to 
harvesting partners, including vessels owned, in part, by the CDQ 
group. Although CDQ groups are not required to partner with AFA-
permitted vessels to harvest CDQ pollock, to date, the vessels 
harvesting CDQ pollock have been AFA permitted vessels. The CDQ pollock 
allocations have most often been harvested by catcher/processors or 
catcher vessels delivering to a mothership. However, some pollock CDQ 
has been delivered to inshore processing plants in past years.
    The AFA allowed for the formation of fishery cooperatives within 
the non-CDQ sectors. The purpose of these AFA cooperatives is to 
further subdivide each sector's or inshore cooperative's pollock 
allocation among participants in the sector or cooperative through 
private contractual agreements. The cooperatives manage these 
allocations to ensure that individual vessels and companies do not 
harvest more than their agreed upon share. The cooperatives also 
facilitate transfers of pollock among the cooperative members, enforce 
contract provisions, and participate in the intercooperative agreement 
to reduce salmon bycatch.
    Each year, catcher vessels eligible to deliver pollock to the seven 
eligible AFA inshore processors may form inshore cooperatives 
associated with a particular inshore processor. NMFS permits the 
inshore cooperatives, allocates pollock to them, and manages these 
allocations through a regulatory prohibition against an inshore 
cooperative exceeding its pollock allocation. The amount of pollock 
allocated to each inshore cooperative is based on the member vessel's 
pollock catch history from 1995 through 1997, as required under section 
210(b) of the AFA (16 U.S.C. 1851 note). These catcher vessels are not 
required to join an inshore cooperative. Those that do not join an 
inshore cooperative are managed by NMFS under the ``inshore open access 
fishery''. In recent years, all inshore catcher vessels have joined one 
of seven inshore cooperatives. However, NMFS has been notified that in 
2010 one inshore catcher vessel will not join an inshore cooperative 
and will be fishing in the inshore open access fishery.
    The AFA catcher/processor sector is made up of the catcher/
processors and catcher vessels eligible under the AFA to deliver to 
catcher/processors. Owners of the catcher/processors that are listed by 
name in the AFA and still active in the BS pollock fishery have formed 
a cooperative called the Pollock Conservation Cooperative (PCC). The 
remaining catcher/processor, the F/V Ocean Peace, is not listed by name 
in the AFA, but is eligible to harvest up to 0.5 percent of the 
allocation of BS pollock to the catcher/processor sector. This portion 
of the catcher/processor sector's allocation of BS pollock is reserved 
for ``unlisted'' catcher/processors that meet certain requirements, 
which only the F/V Ocean Peace meets. Owners of the catcher vessels 
eligible to deliver pollock to the catcher/processors have formed a 
cooperative called the High Seas Catcher's Cooperative (HSCC).
    The AFA mothership sector is made up of three motherships and the 
catcher vessels eligible under the AFA to deliver pollock to these 
motherships. These catcher vessels have formed a cooperative called the 
Mothership Fleet Cooperative (MFC). The MFC does not include the owners 
of the three motherships. The primary purpose of the cooperative is to 
sub-allocate the mothership sector pollock allocation among the catcher 
vessels authorized to harvest this pollock and to manage these 
allocations.
    NMFS does not manage the sub-allocations of pollock among members 
of the PCC, HSCC, or MFC. The cooperatives control the harvest by their 
member vessels so that the pollock allocation to the sector is not 
exceeded. However, NMFS monitors pollock harvest by all members of the 
catcher/processor sector and mothership sector. NMFS retains the 
authority to close directed fishing for pollock by a sector if vessels 
in that sector continue to fish once the sector's seasonal allocation 
of pollock has been harvested.

Chinook Salmon Bycatch in the Bering Sea Pollock Fishery

    Pollock is harvested with fishing vessels using trawl gear, which 
are large nets towed through the water by the vessel. Chinook salmon 
and pollock occur in the same locations in the BS. Consequently, 
Chinook salmon are accidently caught in the nets as fishermen target 
pollock.
    The Magnuson-Stevens Act defines bycatch as fish that are harvested 
in a fishery, which are not sold or kept for personal use. Therefore, 
Chinook salmon caught in the BS pollock fishery are considered bycatch 
under the Magnuson-Stevens Act, the FMP, and NMFS regulations at 50 CFR 
part 679. Bycatch of any species, including discard or other mortality 
caused by fishing, is a concern of the Council and NMFS. National 
Standard 9 of the Magnuson-Stevens Act requires the Council to select, 
and NMFS to implement, conservation and management measures that, to 
the extent practicable, minimize bycatch and bycatch mortality.
    The bycatch of culturally and economically valuable species like 
Chinook salmon, which are fully allocated and, in some cases, facing 
conservation concerns, are categorized as prohibited species under the 
FMP and are the most regulated and closely managed category of bycatch. 
Chinook salmon, all other species of salmon (a category called ``non-
Chinook salmon''),

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steelhead trout, Pacific halibut, king crab, Tanner crab, and Pacific 
herring are classified as prohibited species in the groundfish 
fisheries off Alaska. As a prohibited species, fishermen must avoid 
salmon bycatch and any salmon caught must either be donated to the 
Prohibited Species Donation (PSD) Program under Sec.  679.26, or 
returned to Federal waters as soon as is practicable, with a minimum of 
injury, after an observer has determined the number of salmon and 
collected any scientific data or biological samples.
    The PSD Program was initiated to reduce the amount of edible 
protein discarded under prohibited species catch (PSC) regulatory 
requirements (Sec.  679.21). One reason for requiring the discard of 
prohibited species is that some of the fish may live if they are 
returned to the sea with a minimum of injury and delay. However, salmon 
caught incidentally in trawl nets always die as a result of that 
capture. The PSD Program allows enrolled seafood processors to retain 
salmon bycatch for distribution to economically disadvantaged 
individuals through tax-exempt hunger relief organizations.
    The BS pollock fishery catches up to 95 percent of the Chinook 
salmon taken incidentally as bycatch in the BSAI groundfish fisheries. 
From 1992 through 2001, the average Chinook salmon bycatch in the BS 
pollock fishery was 32,482. Bycatch increased substantially from 2002 
through 2007, to an average of 74,067 Chinook salmon per year. A 
historic high of approximately 122,000 Chinook salmon were taken in the 
BS pollock fishery in 2007. However, Chinook salmon bycatch has 
declined in recent years to 20,493 in 2008 and 12,410 in 2009. The 
causes of the decline in Chinook salmon bycatch in 2008 and 2009 are 
unknown. The decline is most likely due to a combination of factors, 
including changes in abundance and distribution of Chinook salmon and 
pollock, and changes in fleet behavior to avoid salmon bycatch.
    Chinook salmon bycatch also varies seasonally and by sector. In 
most years, the majority of Chinook salmon bycatch occurs during the A 
season. Since 2002, catcher vessels in the inshore sector typically 
have caught the highest number of Chinook salmon and had the highest 
bycatch rates by sector in both the A and B seasons. Since 1999, under 
the AFA, the inshore sector has been allocated about 45 percent of the 
pollock TAC (the percentage changes slightly in some years because the 
amount of pollock subtracted from the TAC for incidental catch varies). 
However, the inshore sector has always caught more than 45 percent of 
Chinook salmon bycatch. For example, in 2007, the inshore sector was 
allocated 44 percent of the pollock TAC, but caught 63 percent of the 
Chinook salmon bycatch, and in 2008 it was allocated 43 percent of the 
TAC, but caught 55 percent of the Chinook salmon bycatch in the BS 
pollock fishery. Over this same time period, the catcher/processor 
sector has taken a smaller portion of the Chinook salmon bycatch 
relative to their 35 percent allocation of pollock TAC (26 percent of 
the Chinook salmon bycatch in 2007 and 18 percent in 2008). The 
variation in bycatch rates among sectors and seasons is due, in part, 
to the different fishing practices and patterns each sector uses to 
fully harvest their pollock allocations in the A and B seasons.
    In years of historically high Chinook salmon bycatch in the BS 
pollock fishery (2003 through 2007), the rate of Chinook salmon bycatch 
averaged 52 Chinook salmon per 1,000 tons of pollock harvested. With so 
few salmon relative to the large amount of pollock harvested, Chinook 
salmon encounters are difficult to predict or avoid. Development of 
intercooperative agreements that require vessel-level cooperation to 
share information about areas of high Chinook salmon encounter rates 
probably are the best tool that the industry currently has to quickly 
identify areas of high bycatch and to avoid fishing there. However, it 
will continue to be difficult to predict when and where large amounts 
of Chinook salmon bycatch will be encountered by the pollock fleet, 
primarily because of the current lack of understanding of the 
biological and oceanographic conditions that influence the distribution 
and abundance of salmon in the areas where the pollock fishery occurs.

Status of Chinook Salmon Stocks and Fisheries in Western Alaska

    Chinook salmon taken in the BS pollock fishery originate from 
Alaska, the Pacific Northwest, Canada, and Asian countries along the 
Pacific Rim. Estimates vary, but more than half of the Chinook salmon 
bycatch in the BS pollock fishery may be destined for western Alaska. 
Western Alaska includes the Bristol Bay, Kuskokwim, Yukon, and Norton 
Sound areas. In general, western Alaska Chinook salmon stocks declined 
sharply in 2007 and remained depressed in 2008 and 2009. Chapter 5 of 
the EIS provides additional information about Chinook salmon biology, 
distribution, and stock assessments by river system or region (see 
ADDRESSES).
    Chinook salmon support subsistence, commercial, personal use, and 
sport fisheries in their regions of origin. The Alaska Board of 
Fisheries adopts regulations through a public process to conserve 
fisheries resources and to allocate fisheries resources to the various 
users. The State of Alaska Department of Fish and Game (ADF&G) manages 
the salmon commercial, subsistence, sport, and personal use fisheries. 
The first management priority is to meet spawning escapement goals to 
sustain salmon resources for future generations. The next priority is 
for subsistence use under both state and federal law. Chinook salmon 
serves as a primary subsistence food in some areas. Subsistence 
fisheries management includes coordination with U.S. federal agencies 
where federal rules apply under the Alaska National Interest Lands 
Conservation Act.
    In recent years of low Chinook salmon returns, the in-river harvest 
of western Alaska Chinook salmon has been severely restricted and, in 
some cases, river systems have not met escapement goals. Surplus fish 
beyond escapement needs and subsistence use are made available for 
other uses. Commercial fishing for Chinook salmon may provide the only 
source of income for many people who live in remote villages. Chapter 3 
of the RIR provides an overview of the importance of subsistence 
harvests and commercial harvests (see ADDRESSES).
    Yukon River salmon fisheries management includes obligations under 
an international treaty with Canada. In 2007 and 2008, the United 
States did not meet the Yukon River Chinook salmon escapement goals 
established with Canada by the Yukon River Agreement to the Pacific 
Salmon Treaty (PST) of 2002. As of October 29, 2009, the preliminary 
estimate of escapement into Canada was approximately 68,400 Chinook 
salmon, which exceeds the 2009 interim management escapement goal of 
45,000 Chinook salmon and provides for harvest sharing under the Yukon 
River Agreement to the PST.

Current Management of Chinook Salmon Bycatch in the Bering Sea and 
Aleutian Islands

    Over the past 15 years, the Council and NMFS have implemented 
several management measures to limit Chinook salmon bycatch in the BSAI 
trawl fisheries. In 1995, the Council adopted, and NMFS approved, 
Amendment 21b to the FMP. Based on historic information regarding the 
location and timing of Chinook salmon bycatch, Amendment 21b 
established annual PSC limits for Chinook salmon and

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specific seasonal no-trawling zones in the Chinook Salmon Savings Area 
that would close when the limits were reached. These regulations 
prohibited trawling in the Chinook Salmon Savings Area through April 
15, once the PSC limit of 48,000 Chinook salmon was reached (60 FR 
31215; November 29, 1995).
    In 2000, the Council and NMFS implemented Amendment 58 to the FMP, 
which reduced the Chinook Salmon Savings Area closure limit to 29,000 
Chinook salmon, redefined the Chinook Salmon Savings Area as two non-
contiguous areas of the BSAI (Area 1 in the AI subarea and Area 2 in 
the BS subarea), and established new closure periods (65 FR 60587; 
October 12, 2000).
    Chinook salmon bycatch management measures in the BSAI were most 
recently revised under Amendments 82 and 84 to the FMP. In 2005, 
Amendment 82 established the AI Chinook salmon PSC limit of 700 fish, 
which, when reached, closes the directed pollock fishery in Area 1 (the 
AI) of the Chinook Salmon Savings Area (70 FR 9856; March 1, 2005).
    The Council adopted Amendment 84 in October 2005 to address 
increases in Chinook and non-Chinook salmon bycatch that were occurring 
despite PSC limits that triggered closure of the Chinook and Chum 
Salmon Savings Areas. Amendment 84 established in Federal regulations 
the salmon bycatch intercooperative agreement (ICA) which allows 
vessels participating in the BS pollock fishery to use their internal 
cooperative structure to reduce Chinook and non-Chinook salmon bycatch 
using a method called the voluntary rolling hotspot system (VRHS). 
Through the VRHS, industry members provide each other real-time salmon 
bycatch information so that they can avoid areas of high Chinook or 
non-Chinook salmon bycatch rates. The VRHS was implemented voluntarily 
by the fleet in 2002. Amendment 84 exempts vessels participating in the 
salmon bycatch reduction ICA from salmon savings area closures and 
revised the Chum Salmon Savings Area closure to only apply to vessels 
directed fishing for pollock, rather than to all vessels using trawl 
gear. The exemptions to savings area closures for participants in the 
VRHS ICA were implemented by NMFS in 2006 and 2007 through an exempted 
fishing permit. Regulations implementing Amendment 84 were approved in 
2007 (72 FR 61070; October 29, 2007), and a salmon bycatch reduction 
ICA using the VRHS was approved by NMFS in January 2008. Amendment 84 
requires that parties to the ICA be the AFA cooperatives or the CDQ 
groups. All AFA cooperatives and CDQ groups participate in the VRHS 
ICA.
    Using a system specified in regulations, the VRHS ICA assigns 
vessels in a cooperative to certain tiers, based on bycatch rates of 
vessels in that cooperative relative to a base rate, and implements 
large area closures for vessels in tiers associated with higher bycatch 
rates. The VRHS ICA managers monitor salmon bycatch in the pollock 
fisheries and announce area closures for areas with relatively high 
salmon bycatch rates. Monitoring and enforcement are accomplished 
through private contractual arrangements. The efficacy of voluntary 
closures and bycatch reduction measures must be reported to the Council 
annually.

Objectives of and Rationale for Amendment 91 and this Proposed Rule

    While the annual reports suggest that the VRHS ICA has reduced 
Chinook salmon bycatch rates compared to what they would have been 
without the ICA, the highest historical Chinook salmon bycatch occurred 
in 2007 when the ICA was in effect under an exempted fishing permit. 
This high level of bycatch illustrated that, while the management 
measures implemented under Amendment 84 provided the pollock fleet with 
tools to reduce salmon bycatch, these measures contain no effective 
upper limit on the amount of salmon bycatch that could occur in the BS 
pollock fishery.
    The principal objective of Chinook salmon bycatch management in the 
BS pollock fishery is to minimize Chinook salmon bycatch to the extent 
practicable, while achieving optimum yield. Minimizing Chinook salmon 
bycatch while achieving optimum yield is necessary to maintain a 
healthy marine ecosystem, ensure long-term conservation and abundance 
of Chinook salmon, provide maximum benefit to fishermen and communities 
that depend on Chinook salmon and pollock resources, and comply with 
the Magnuson-Stevens Act and other applicable federal law.
    In April 2009, the Council adopted Amendment 91 and recommended 
that NMFS develop regulations to implement that action. In developing 
Amendment 91, the Council considered consistency with the Magnuson-
Stevens Act's 10 National Standards. The Council designed its 
recommended alternative to balance the competing demands of the 
National Standards. Specifically, the Council recognized the need to 
balance and be consistent with both National Standard 9 and National 
Standard 1. National Standard 9 requires that conservation and 
management measures shall, to the extent practicable, minimize bycatch. 
National Standard 1 requires that conservation and management measures 
shall prevent overfishing while achieving, on a continuing basis, the 
optimum yield from each fishery for the U.S. fishing industry. The 
ability to harvest the entire pollock TAC in any given year is not 
determinative of whether the BSAI groundfish fishery achieves optimum 
yield. Providing the opportunity for the fleet to harvest its TAC is 
one aspect of achieving optimum yield in the long term.
    Amendment 91 combines a limit on the amount of Chinook salmon that 
may be caught incidentally with a novel approach designed to minimize 
bycatch to the extent practicable in all years and prevent bycatch from 
reaching the limit in most years. In developing this program, the 
Council recognized that the number of Chinook salmon caught as bycatch 
in the BS pollock fishery is highly variable from year to year, from 
sector to sector, and even from vessel to vessel. Current information 
about Chinook salmon is insufficient to determine the reasons for high 
or low encounters of Chinook salmon in the pollock fishery or the 
degree to which encounter rates are related to Chinook salmon abundance 
or other conditions. The uncertainty and variability in Chinook salmon 
bycatch led the Council to create a program with a combination of 
management measures that together achieve its objective to minimize 
bycatch to the extent practicable in all years while providing the 
fleet the flexibility to harvest the pollock TAC.
    Under Amendment 91, the PSC limit would be 60,000 Chinook salmon if 
some or all of the pollock industry participates in an industry-
developed contractual arrangement, called an incentive plan agreement 
(IPA), that establishes an incentive program to minimize bycatch at all 
levels of Chinook salmon abundance. Participation in an IPA would be 
voluntary; however, any vessel or CDQ group that chooses not to 
participate in an IPA would be subject to a restrictive opt-out 
allocation (also called a backstop cap).
    To ensure participants develop effective IPAs, participants would 
demonstrate to the Council through performance and annual reports that 
the IPA is accomplishing the Council's intent that each vessel does its 
best to avoid Chinook salmon at all times while fishing for pollock 
and, that collectively, bycatch is minimized in each year. The Council 
believed that the addition of an

[[Page 14020]]

IPA that could impose rewards for avoiding Chinook salmon bycatch, 
penalties for failure to avoid Chinook salmon bycatch at the vessel 
level, or both, would warrant setting the PSC limit at 60,000 Chinook 
salmon. The Council recognized that while the IPA should minimize 
bycatch in all years to a level below the limit, a limit of 60,000 
Chinook salmon would provide the industry the flexibility to harvest 
the pollock TAC in high-encounter years when bycatch was extremely 
difficult to avoid.
    A 47,591 Chinook salmon PSC limit would apply fleet-wide if 
industry does not form any IPAs. This PSC limit of 47,591 Chinook 
salmon is the approximate 10-year average of Chinook salmon bycatch 
from 1997 to 2006. The Council determined that the 47,591 PSC limit was 
an appropriate limit on Chinook salmon bycatch in the BS pollock 
fishery if no other incentives were operating to minimize bycatch below 
this level.
    Both PSC limits would be divided between the A and B seasons and 
allocated to AFA sectors, cooperatives, and CDQ groups as transferable 
PSC allocations. Transferability is expected to mitigate the variation 
in the encounter rates of salmon bycatch among sectors, CDQ groups, and 
cooperatives in a given season by allowing eligible participants to 
obtain a larger portion of the PSC allocation in order to harvest their 
pollock allocation or to transfer surplus allocation to other entities. 
When a transferable PSC allocation is reached, the affected sector, 
inshore cooperative, or CDQ group would have to stop fishing for 
pollock for the remainder of the season even if its pollock allocation 
had not been fully harvested.
    The Council also recommended a sector-level performance standard as 
an additional tool to ensure that the IPA is effective and that sectors 
do not fully harvest the Chinook salmon PSC allocations under the 
60,000 Chinook salmon PSC limit in most years. For a sector to continue 
to receive Chinook salmon PSC allocations under the 60,000 Chinook 
salmon PSC limit, that sector may not exceed its annual threshold 
amount in any three years within seven consecutive years. If a sector 
fails this performance standard, it will permanently be allocated a 
portion of the 47,591 Chinook salmon PSC limit. The Council believed 
that the risk of bearing the potential economic impacts of a reduction 
from the 60,000 PSC limit to the 47,591 PSC limit would create 
incentives for fishery participants to cooperate in an effective IPA.
    In selecting the appropriate Chinook salmon bycatch management 
program, the Council considered a wide range of alternatives to assess 
the impacts of minimizing Chinook salmon bycatch to the extent 
practicable while maximizing the potential for the full harvest of the 
pollock TAC. The Council considered the trade-offs between the 
potential Chinook salmon saved and the forgone pollock catch. The EIS 
and RIR contain a complete description of the alternatives and a 
comparative analysis of the potential impacts of the alternatives (see 
ADDRESSES).
    The Council considered an alternative that would implement a single 
PSC limit, with no additional measures. However, the Council determined 
that a single PSC limit alone is not the optimum mechanism to minimize 
Chinook salmon bycatch at all levels of Chinook salmon abundance and at 
all rates of Chinook salmon encounters in the pollock fishery.
    A relatively high PSC limit alone would not constrain the pollock 
fishery in most years, so it would not achieve the Council's goal of 
minimizing Chinook salmon bycatch to the extent practicable. A high PSC 
limit in years of low Chinook salmon encounters would not provide 
incentives for the pollock fleet to reduce bycatch at all, even if 
lower bycatch could have been achieved at minimal expense. If low 
encounters are due to low Chinook salmon abundance in one or more 
stocks, a high PSC limit alone would not address biological concerns 
about the potential impact of bycatch on Chinook salmon stocks.
    A low PSC limit would reduce Chinook salmon bycatch below historic 
high levels. However, it could limit the pollock fishery harvests below 
the pollock TAC in many years because a low PSC limit would not 
accommodate the high variability in Chinook salmon encounter rates 
experienced in the BS pollock fishery, or the unpredictability of these 
rates. While a low PSC limit alone would ensure bycatch does not exceed 
that level, it would not provide any incentives or mechanism to further 
reduce bycatch below that limit. As a result, if low encounters are due 
to low Chinook salmon abundance in one or more stocks, even a low PSC 
limit alone would not address biological concerns about the potential 
impact of bycatch on Chinook salmon stocks. Additionally, if the low 
PSC limit were allocated to sectors, cooperatives, and CDQ groups, it 
could result in allocations so small that it could effectively preclude 
pollock fishing by a vessel or group of vessels. On the other hand, not 
allocating the PSC limit could result in a race to fish, which would 
undermine the rationalized management of the AFA and the current 
pollock fishery management.

Proposed Bering Sea Chinook Salmon Bycatch Management Measures

    This proposed rule to implement the provisions of Amendment 91, as 
recommended by the Council, includes two Chinook salmon PSC limits 
(60,000 Chinook salmon and 47,591 Chinook salmon). For each PSC limit, 
NMFS would issue Chinook salmon PSC allocations to the catcher/
processor sector, the mothership sector, the inshore cooperatives, and 
the CDQ groups. Separate allocations would be issued for the A season 
and the B season. Chinook salmon remaining from the A season could be 
used in the B season (``rollover''). Entities could transfer PSC 
allocations within a season and could also receive transfers of Chinook 
salmon bycatch to cover overages (``post-delivery transfers'').
    If NMFS approves an IPA, NMFS would issue transferable allocations 
of the 60,000 Chinook salmon PSC limit to those sectors that remain in 
compliance with the performance standard. The performance standard 
requires each sector to maintain its Chinook salmon bycatch within its 
portion of 47,591 Chinook salmon in at least five out of every seven 
consecutive years. Sector and cooperative allocations would be reduced 
if members of the sector decided not to participate in an IPA. Vessels 
and CDQ groups that do not participate in an IPA would fish under a 
restricted opt-out allocation. If a whole sector does not participate 
in an IPA, all members of that sector would fish under the opt-out 
allocation.
    NMFS would issue transferable allocations of the 47,591 Chinook 
salmon PSC limit to all sectors, cooperatives, and CDQ groups if no IPA 
is approved or to the sectors that exceed the performance standard.
    Under Amendment 91, NMFS would remove from existing regulations the 
29,000 Chinook salmon PSC limit in the BS, the Chinook Salmon Savings 
Areas in the BS, exemption from Chinook Salmon Savings Area closures 
for participants in the VRHS ICA, and Chinook salmon as a component of 
the VRHS ICA. This proposed action would not change any regulations 
affecting the management of Chinook salmon in the AI or non-Chinook 
salmon in the BSAI. The Council is currently considering a separate 
action to modify the non-Chinook salmon management measures to minimize 
non-Chinook salmon bycatch.

[[Page 14021]]

Allocations of the 60,000 or the 47,591 Chinook Salmon Prohibited 
Species Catch Limits

    Both the 60,000 and the 47,591 Chinook salmon PSC limits would be 
allocated among the catcher/processor sector, the mothership sector, 
inshore sector, and CDQ Program using a method that recognizes that 
sectors have different fishing patterns and needs for salmon bycatch in 
order to harvest their AFA pollock allocation (Table 1). The percentage 
allocations recommended by the Council are based on an adjusted five-
year (2002 to 2006) historical average proportion of the Chinook salmon 
bycatch by sector and season, and are shown in Table 1. The basis for 
these percentage allocations is explained in more detail in section 
2.5.2 of the EIS (see ADDRESSES).

    Table 1--Percentage Allocations and Amounts of the Chinook Salmon
                     Prohibited Species Catch Limit
------------------------------------------------------------------------
                                       PSC Limit (s of Chinook
   Percentage allocations to each                   salmon)
               sector                -----------------------------------
                                           60,000            47,591
------------------------------------------------------------------------
A season allocation: 70.0...........            42,000            33,314
    CDQ Program--9.3................             3,906             3,098
    Inshore Sector--49.8............            20,916            16,591
    Mothership Sector--8.0..........             3,360             2,665
    Catcher/Processor Sector--32.9..            13,818            10,960
------------------------------------------------------------------------
B season allocation: 30.0...........            18,000            14,277
    CDQ Program--5.5................               990               785
    Inshore Sector--69.3............            12,474             9,894
    Mothership Sector--7.3..........             1,314             1,042
    Catcher/Processor Sector--17.9..             3,222             2,556
------------------------------------------------------------------------

    Allocations of Chinook salmon PSC to the inshore sector would be 
further allocated among the inshore cooperatives based on the 
proportion of the inshore pollock allocation made to each inshore 
cooperative under Sec.  679.62(a)(1). Pollock allocations to the 
inshore cooperatives can change from year to year if membership in the 
cooperatives changes because the cooperative's pollock allocation is 
determined by the percentage of pollock assigned to each vessel in the 
sector. Column D of proposed Table 47c to part 679 shows the percentage 
of the inshore sector's pollock allocation assigned to each catcher 
vessel. The amount of Chinook salmon PSC that would be allocated to 
each inshore cooperative would be determined each year after the 
inshore cooperative permit applications are received on December 1. If 
the owner of an AFA catcher vessel eligible to deliver pollock to an 
inshore processor does not join an inshore cooperative in a particular 
year and fishes in the inshore open access fishery, the portion of 
Chinook salmon associated with that vessel also would be allocated to 
the inshore open access fishery.
    The CDQ groups would continue to be allocated the same proportion 
of the CDQ Program allocation of Chinook salmon bycatch that each group 
has been allocated since 2005 (71 FR 51804; August 31, 2006). These 
percentage allocations are described in more detail in the 
``Classification'' section of this preamble and would be published in 
proposed Table 47d to part 679.
    Transferable and Non-transferable Allocations. Each year, NMFS 
would send a letter to each entity receiving a transferable Chinook 
salmon PSC allocation, notifying them of the amount of the allocation 
and identifying the vessels fishing under that allocation. Each entity 
that receives a transferable allocation would be prohibited from 
exceeding their allocation. Each entity would be required to manage its 
pollock fishing so that neither its pollock allocation nor its 
transferable Chinook salmon PSC allocation is exceeded. The Council 
intended that both the A season allocation and the annual allocation 
would not be exceeded. Therefore, the A season and B season allocations 
would be managed separately. Overages for the A season would be 
evaluated at the end of the A season and overages for the B season 
would be evaluated the end of the year. NMFS would not close directed 
fishing for pollock by the sectors, inshore cooperatives, or CDQ groups 
receiving transferable Chinook salmon PSC allocations when those 
allocations are reached. Rather, penalties could be assessed against 
the entity for an overage of its Chinook salmon PSC allocation.
    If members of the catcher/processor or mothership sectors are 
unable to form their respective sector-level entities to receive 
transferable Chinook salmon PSC allocations, then these sectors would 
fish under a non-transferable sector allocation. If some inshore 
catcher vessels did not join an inshore cooperative, then they would 
fish under a non-transferable Chinook salmon PSC allocation assigned to 
the inshore open-access fishery. Similarly, if some vessels or CDQ 
groups did not participate in an IPA, then they would fish under the 
non-transferable opt-out allocation. NMFS would manage each non-
transferable allocation with a directed fishery closure to prevent the 
non-transferable allocation being exceeded. The directed fishery 
closure would apply to all vessels fishing under that non-transferable 
allocation.
    Separate allocations would be made for the A season and the B 
season for a total of up to 30 transferable PSC allocation accounts 
(see Table 2). NMFS could establish up to eight non-transferable PSC 
allocation accounts annually for the inshore open access fishery, the 
opt-out fishery, and for the mothership sector and catcher/processor 
sector.

[[Page 14022]]



                                        Table 2--Potential Number of Transferable Chinook Salmon PSC Allocations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Entities that could receive transferable allocations
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Catcher/         Mothership                                               Total
                                                                processor sector       sector        Inshore co-ops          CDQ          transferable
--------------------------------------------------------------------------------------------------------------------------------------------------------
A Season......................................................                 1                 1                 7                 6                15
B Season......................................................                 1                 1                 7                 6                15
                                                               -----------------------------------------------------------------------------------------
    Annual total..............................................                 2                 2                14                12                30
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Entities Eligible To Receive Transferable Chinook Salmon Prohibited 
Species Catch Allocations. NMFS would issue transferable allocations to 
eligible entities representing the catcher/processor sector, mothership 
sector, inshore cooperatives, and CDQ groups. Each entity receiving a 
transferable allocation of Chinook salmon PSC must identify a 
``representative'' and an ``agent for service of process''. The 
representative would represent all members of the entity with NMFS and 
would be authorized to transfer all or a portion of the entity's 
Chinook salmon PSC allocation to another entity or to receive a 
transfer from another entity. The agent for service of process is the 
person authorized and responsible to receive notices or other documents 
on behalf of all members of the entity. The representative and the 
agent for service of process could be the same person.
    All members of an entity that receives transferable Chinook salmon 
PSC allocations would be jointly and severally liable for any violation 
of applicable regulations and for any penalties assessed against that 
entity for any regulatory violation, including if the Chinook salmon 
bycatch by the vessels fishing on behalf of that entity exceeded the 
amount of Chinook salmon allocated to the entity.
    NMFS would issue transferable Chinook salmon PSC allocations to the 
catcher/processor sector or the mothership sector if they form a 
``sector-level entity'' that is authorized by NMFS to receive 
transferable Chinook salmon PSC allocations. The sector-level entity 
would be responsible for ensuring that the collective Chinook salmon 
bycatch by its members does not exceed those allocations. The entity 
representing the catcher/processor sector and the entity representing 
the mothership sector would be required to identify their 
representative and agent for service or process on their application to 
NMFS to receive transferable Chinook salmon PSC allocations.
    The catcher/processor sector and the mothership sector currently 
are not required to register as entities with NMFS to receive 
allocations of BS pollock. Non-transferable allocations of pollock are 
made to each of these two sectors by NMFS through the annual groundfish 
harvest specifications process. NMFS issues permits to individual AFA 
eligible vessels to harvest pollock under these sector allocations, but 
the catcher/processor sector and mothership sector as a whole do not 
need to be permitted by NMFS to receive such allocations. No more than 
one entity may be authorized by NMFS to represent the catcher/processor 
sector, and no more than one entity may be authorized to represent the 
mothership sector. Existing contracts forming the PCC, the HSCC, and 
the MFC could be modified to create the sector-level entities required 
to receive transferable Chinook salmon PSC allocations, or new entities 
could be formed by the owners of these same vessels to address only 
NMFS's requirements related to Chinook salmon PSC allocations.
    The inshore cooperatives and the CDQ groups already are recognized 
by NMFS as entities eligible to receive allocations on behalf of 
others. The inshore cooperatives are permitted annually by NMFS under 
Sec.  679.4(l)(6) and must submit copies of their cooperative contracts 
to NMFS to be issued a permit. The representative and agent for service 
of process for the inshore cooperatives would be the same person as 
named on the cooperative's annual application for pollock allocations. 
The CDQ groups are authorized under section 305(i)(1) of the Magnuson-
Stevens Act to receive fishery allocations from NMFS. No additional 
authorizations are needed for the inshore cooperatives or CDQ groups to 
be eligible to receive transferable allocations of Chinook salmon PSC. 
The representative and agent for service of process for a CDQ group 
would be its chief executive officer. In either case, an inshore 
cooperative or a CDQ group could notify NMFS in writing if its 
representative or agent for service of process for purposes of Chinook 
salmon PSC allocations is a different person.

Assigning Portions of the Chinook Salmon PSC Limit

    The proposed rule includes a series of tables, proposed Tables 47a 
through 47d to part 679, that show the percent of the pollock 
allocation, the corresponding amounts of Chinook salmon PSC, and the 
percent used to calculate the IPA minimum participation, that NMFS has 
assigned to each vessel in each sector and to each CDQ group. See Table 
3, below, for an outline of proposed Tables 47a through 47d to part 
679. NMFS would use the numbers in these tables to (1) Calculate 
adjustments to allocations of the 60,000 PSC limit for any vessels not 
participating in an IPA, (2) establish the amount of the opt-out 
allocation, (3) establish the annual threshold amount for the 
performance standard, and (4) determine if minimum participation 
requirements have been met for a proposed IPA. The methods NMFS would 
use to assign a percent of each sector's pollock allocation to each 
vessel or CDQ group are described below.

   Table 3--Location in the Proposed Rule of the Tables That Show the
   Percent of the Pollock Allocation, the Corresponding Amounts of the
      Chinook Salmon, and Percent Used to Calculate the IPA Minimum
  Participation Assigned to Each Vessel in Each Sector and to Each CDQ
                                  Group
------------------------------------------------------------------------
                                                                Location
                                                                   in
                            Sector                              proposed
                                                                  rule
------------------------------------------------------------------------
Catcher/processor sector......................................  Table
                                                                47a to
                                                                part
                                                                679.
    Percent of pollock allocation.............................     Colum
                                                                    n D.
    Opt-out allocation........................................     Colum
                                                                    n E
                                                                    and
                                                                     F.
    Annual threshold amount...................................     Colum
                                                                    n G.
    IPA minimum participation.................................     Colum
                                                                    n H.
Mothership sector.............................................  Table
                                                                47b to
                                                                part
                                                                679.
    Percent of pollock allocation.............................     Colum
                                                                    n D.
    Opt-out allocation........................................     Colum
                                                                    n E
                                                                    and
                                                                     F.

[[Page 14023]]

 
    Annual threshold amount...................................     Colum
                                                                    n G.
    IPA minimum participation.................................     Colum
                                                                    n H.
Inshore sector................................................  Table
                                                                47c to
                                                                part
                                                                679.
    Percent of pollock allocation.............................     Colum
                                                                    n D.
    Opt-out allocation........................................     Colum
                                                                    n E
                                                                    and
                                                                     F.
    Annual threshold amount...................................     Colum
                                                                    n G.
    IPA minimum participation.................................     Colum
                                                                    n H.
CDQ Program...................................................  Table
                                                                47d to
                                                                part
                                                                679.
    Percent of pollock allocation.............................     Colum
                                                                    n B.
    Opt-out allocation........................................     Colum
                                                                    n C
                                                                    and
                                                                     D.
    Annual threshold amount...................................     Colum
                                                                    n E.
    IPA minimum participation.................................     Colum
                                                                    n F.
------------------------------------------------------------------------

    Catcher/processor sector. To implement Amendment 91, proportions of 
the catcher/processor sector's allocations of Chinook salmon must be 
developed for each AFA eligible catcher/processor and each of the 
catcher vessels eligible to deliver pollock to these catcher/
processors. All but one of the AFA catcher/processors are represented 
by the PCC, and all catcher vessels are represented by the HSCC. The 
PCC assigns each vessel a percent of the catcher/processor sector's 
allocation of pollock. The Council recommended using each vessel's 
percent of the catcher/processor sector's allocation of pollock as a 
basis for assigning each vessel a percent of the sector's Chinook 
salmon PSC allocation. This approach is reasonable because it relies on 
already agreed upon proportions, so it eliminates the need for the 
Council or NMFS to develop a different set of proportions that may have 
unintended impacts on the sector members. In addition, the proportion 
assigned to each vessel in a sector does not affect the incentives or 
operation of the elements of Amendment 91 (the PSC limit, the IPA, and 
the performance standard) that are important to achieve the Council's 
overall objectives for Chinook salmon bycatch management.
    The pollock allocated to the catcher/processor sector is further 
allocated as follows: 0.5 percent to the F/V Ocean Peace under section 
208(e)(21) of the AFA, 8.5 percent to catcher vessels eligible to 
deliver pollock to AFA catcher/processors, and 91 percent to the 
catcher/processors listed in section 208(e)(1) through (20) and 
permitted under Sec.  679.4(l)(2)(i).
    The seven catcher vessels that are members of the HSCC are 
allocated 8.5 percent of the pollock allocated to the AFA catcher/
processor sector. Members of the HSCC further allocate this pollock 
among the seven member vessels based on percentage allocations agreed 
upon in their HSCC contract. These percentage allocations are used to 
apportion the Chinook salmon bycatch associated with each of the seven 
catcher vessels listed at the bottom of proposed Table 47a to part 679. 
These proportions add up to 8.5 percent.
    The 91 percent of the allocation of pollock to the catcher/
processor sector is further allocated among the companies owning the 
AFA eligible catcher/processors that are members of the PCC. These 
allocations are negotiated among the PCC members and do not stem from 
any requirement of the AFA or NMFS regulation. The percentage 
allocations to each company are listed in the annual cooperative report 
submitted by PCC to the Council under requirements at Sec.  679.61(f). 
The PCC recommended a method of apportioning Chinook salmon among the 
catcher/processors based on the catch of pollock by each of these 
vessels in 2006. This year was chosen as the basis for these 
proportions because it was the last year that the F/V American Dynasty 
fished in both the A and B seasons and, therefore, is the year that 
best represents the relative catching capacity of vessels that are 
currently members of the AFA catcher/processor sector.
    AFA eligible catcher/processors that do not currently participate 
in the BS pollock fishery are not likely to return to the fishery. 
Therefore, the PCC board recommended that these vessels receive a 
proportion of zero for purposes of Amendment 91. Although unlikely, 
three of the four inactive vessels (F/V Katie Ann, F/V U.S. Enterprise, 
and F/V American Enterprise) could return to fish for pollock in the BS 
in the future. However, the owners of these vessels are members of the 
PCC so its recommendation for a proportion of zero for these three 
vessels is made at the recommendation and concurrence of the vessel 
owners. The fourth vessel, F/V Endurance, is listed as eligible in the 
AFA, but is permanently precluded from participation in the fishery 
because it is now a foreign flagged vessel, and, therefore, cannot 
receive endorsements to fish in the U.S. EEZ. In the unlikely event 
that a vessel currently assigned a zero proportion would return to the 
fishery and choose not to participate in an IPA, the portion and number 
of Chinook salmon associated with that vessel would be assigned within 
the sector based on revisions to the PCC contract that are made at the 
time a vessel returns to active fishing, until proposed Table 47a to 
part 679 could be revised to reflect the new proportions assigned to 
each vessel.
    Mothership sector. The proportion associated with each catcher 
vessel in the mothership sector in proposed Table 47b to part 679 is 
based on the allocations of pollock made under the MFC contract. The 
proportions are published annually in the MFC's annual report to the 
Council, which is available on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov/sustainablefisheries/afa/). NMFS did not 
adjust any of these proportions and has published them as agreed upon 
by the members of the cooperative.
    Inshore sector. NMFS calculated the proportions associated with 
each catcher vessel in the inshore sector based on ADF&G fish tickets 
submitted by the inshore processors for each delivery of pollock by a 
catcher vessel from 1995 through 1997, adjusted by the procedures 
described in Sec.  679.62(a). These proportions have been used since 
2000 to determine the amount of pollock allocated to the inshore 
cooperatives based on the catch history of the catcher vessels that are 
members of each cooperative. NMFS is proposing to publish these 
proportions in Table 47c to part 679 because they are needed for a 
number of important calculations under this proposed rule. These 
calculations must be made in a short period of time at the end of each 
year, prior to the start of the next year's fishery. Having these 
proportions available to the public as part of the regulations provides 
an early opportunity for public comment on these proportions and 
improves the transparency of how important annual calculations related 
to the Chinook salmon PSC allocations would be made. Although these 
proportions were based on ADF&G fish tickets and the information on the 
fish tickets is confidential, the proportions of the total pollock 
catch over this three-year period is not confidential because no 
confidential information from the fish tickets about the amount, 
location, or value of pollock catch for a specific

[[Page 14024]]

vessel can be determined from these proportions.
    Community Development Quota Program. The proportion of Chinook 
salmon associated with each CDQ group in Table 47d to part 679 of this 
proposed rule are the percentage allocations of pollock and Chinook 
salmon PSC that have been made to each group since 2005 (71 FR 51804; 
August 31, 2006). These percentage allocations are described in more 
detail in the Classification section of this proposed rule.
    Replacement vessels. If an AFA permitted vessel listed in proposed 
Tables 47a through 47c is no longer eligible to participate in the BS 
pollock fishery or if a vessel replaces a currently eligible vessel, 
the portion and number of Chinook salmon associated with that vessel in 
Tables 47a through 47c would be assigned to the replacement vessel or 
distributed among other eligible vessels in the sector based on the 
procedures in the law, regulation, or private contract that 
accomplishes the vessel removal or replacement action until, Tables 47a 
through 47c to this part can be revised through subsequent proposed and 
final rulemaking.

Opt-Out Allocation

    If at least some members of a given sector are participating in an 
approved IPA, and the sector has not exceeded its performance standard, 
then the vessels in that sector whose owners do not participate in an 
IPA, or vessels fishing on behalf of a CDQ group that does not 
participate in an IPA, would fish for BS pollock under a seasonal opt-
out allocation. Vessel owners, inshore cooperatives, or CDQ groups not 
participating in an IPA do not have to notify NMFS that they are not 
participating in an IPA because NMFS would know the list of vessels and 
CDQ groups participating in each approved IPA. NMFS would post on the 
NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov) whether 
each AFA-permitted vessel is participating or not participating in an 
IPA and the Chinook salmon PSC allocation under which each vessel would 
be managed. Vessel owners would be expected to notify NMFS if a vessel 
they own is incorrectly listed as fishing under the opt-out allocation.
    The purpose of the opt-out allocation is to require those not 
participating in an IPA to fish under a separate allocation that is 
considerably more restrictive than the transferable Chinook salmon PSC 
allocations issued to entities representing those who do participate in 
an IPA. The Council intends the opt-out allocation to be low enough to 
provide an incentive to participate in an IPA. The concept of the opt-
out allocation was originally developed as a component of the Council's 
preliminary preferred alternative under which the higher PSC limit was 
68,392 Chinook salmon and the maximum amount of the ``backstop cap'' 
was 32,482 Chinook salmon. The amount of the backstop cap under the 
preliminary preferred alternative represented the 1992 through 2001 10-
year average Chinook salmon bycatch and is one of the lower and most 
restrictive of the PSC limits considered by the Council (Alternative 2, 
Sub-option vii in the EIS (see ADDRESSES)). For Amendment 91, the 
Council reduced the maximum amount of the backstop cap (or opt-out 
allocation) to 28,496, which is 47.5 percent of 60,000 Chinook salmon, 
the same percentage that the 32,482 backstop cap is of the 68,392 PSC 
limit under the Council's preliminary preferred alternative.
    The annual opt-out allocation would be some number less than 28,496 
Chinook salmon. Before each fishing year, NMFS would calculate the 
amount of the opt-out allocation for each season based on the number of 
vessels or CDQ groups that chose not to participate in an approved IPA. 
NMFS would also reduce the allocation of the 60,000 Chinook salmon PSC 
limit for sectors or cooperatives with members that participate in the 
opt-out fishery. To calculate the opt-out allocation for each season, 
NMFS would take the sum of the number of Chinook salmon associated with 
each vessel or CDQ group that opted out of an IPA, as shown in Columns 
E and F in proposed Tables 47a through 47c to part 679, and Column C 
and D in proposed Table 47d to part 679. NMFS would then subtract this 
opt-out amount from the seasonal allocation of Chinook salmon PSC to 
the sector or cooperative in which that vessel is a member or, for a 
CDQ group, to the CDQ Program. This reduction in the allocations of the 
60,000 Chinook salmon PSC limit for vessels and CDQ groups that fish 
under the opt-out allocation is necessary to ensure that total bycatch 
does not exceed the 60,000 Chinook salmon PSC limit.
    For example, if all vessels in an inshore cooperative (called 
cooperative A in this example) that collectively represents 31.145 
percent of the inshore sector's allocation of pollock do not 
participate in an IPA and if all of the other inshore cooperatives do 
participate in an approved IPA, the adjustments that would be made to 
the number of Chinook salmon allocated to the inshore cooperatives 
participating in an IPA and the amount of Chinook salmon that would be 
allocated to the opt-out allocation are explained below:
    (1) The inshore sector's allocation of the 60,000 Chinook salmon 
PSC limit is 20,916 in the A season and 12,474 in the B season.
    (2) If cooperative A would have participated in an IPA, it would 
have been allocated its portion of the inshore sector's allocation as a 
transferable Chinook salmon allocation. This allocation would be 31.145 
percent of the inshore sector's allocation; 6,514 Chinook salmon in the 
A season (20,916 * .31145) and 3,885 Chinook salmon in the B season 
(12,474 * .31145).
    (3) The inshore sector's proportion of 28,496 Chinook salmon is 
9,933 in the A season and 5,925 in the B season.
    (4) The portion of 28,496 that is represented by cooperative A is 
3,094 Chinook salmon in the A season (9,933 * .31145) and 1,845 Chinook 
salmon in the B season (5,925 * .31145).
    (5) This amount of Chinook salmon (3,094 in the A season and 1,845 
in the B season) would be added to the opt-out allocation. All of the 
vessels in cooperative A would fish as a group under this opt-out 
allocation, along with any other vessels or CDQ groups not 
participating in an IPA and the additional Chinook salmon allocated to 
the opt-out allocation associated with those other vessels or CDQ 
groups.
    (6) Chinook salmon allocated to the opt-out allocation would not be 
available to the remaining inshore cooperatives that are participating 
in an approved IPA and fishing under their transferable allocations of 
the inshore sector allocation.
    (7) The difference between the amount of Chinook salmon that would 
have been allocated to the inshore sector for cooperative A and the 
amount allocated to the opt-out allocation is 3,420 in the A season 
(6,514-3,094) and 2,040 in the B season (3,885-1,845). This amount of 
Chinook salmon is forfeit by cooperative A.
    (8) The amount of Chinook salmon forfeit by cooperative A would be 
redistributed among the inshore cooperatives participating in an IPA in 
proportion to each cooperative's annual pollock allocation. NMFS would 
issue each inshore cooperative participating in an IPA a transferable 
PSC allocation equal to its portion of the inshore sector Chinook 
salmon PSC allocation plus its portion of Chinook salmon forfeit by the 
inshore cooperative opting out of an IPA.
    Additional examples of calculations of the reductions of sector 
allocations and the amount added to the opt-out allocation for each AFA 
sector are

[[Page 14025]]

provided in section 2.5.6 of the EIS (see ADDRESSES).
    If some members of the catcher/processor sector or the mothership 
sector opt out of an IPA, the proportion of 28,496 Chinook salmon 
associated with these vessels would be subtracted from the amount of 
Chinook salmon allocated to the sector under the 60,000 PSC limit and 
this same amount would be added to the opt-out allocation. The 
remaining Chinook salmon PSC allocated to the sector would be available 
to all members of the sector participating in an IPA. Because the 
catcher/processor and mothership sector receive a single allocation of 
Chinook salmon, no redistribution by NMFS of the amount of Chinook 
salmon ``forfeit'' by the members of these sectors opting out of an IPA 
would be necessary. This redistribution would be done by private 
contractual arrangement with the remaining members of the sector that 
are participating in an IPA.
    If an IPA is approved, but all members of a particular sector do 
not participate in an IPA, then the difference between their sector 
allocation of the 60,000 PSC limit and the amount of Chinook salmon 
allocated to the opt-out allocation (their portion of 28,496) is not 
redistributed among members of the other sectors. NMFS would 
redistribute the ``forfeit'' Chinook salmon within the inshore and CDQ 
sectors so that the process for allocating Chinook salmon PSC between 
the sectors and the opt-out allocation is consistent among all sectors. 
However, when an entire sector does not participate in an IPA, all 
members have chosen to forfeit Chinook salmon and fish under the opt-
out allocation. This forfeited Chinook salmon would not be allocated 
and would be a net savings of Chinook salmon bycatch under the 60,000 
Chinook salmon PSC limit.
    Each vessel fishing under the opt-out allocation would continue to 
fish for pollock under the allocation of BS pollock that applies to the 
vessel under current regulations. An inshore catcher vessel that is a 
member of an inshore cooperative would fish under the inshore 
cooperative's allocation of pollock. An inshore catcher vessel that is 
not a member of an inshore cooperative would fish under the inshore 
open-access fishery's pollock allocation. The catcher/processor sector, 
the mothership sector, and the CDQ groups would continue to fish under 
their seasonal allocations of pollock. Although unlikely, it is 
possible that some vessels in the catcher/processor sector or 
mothership sector, or some vessels in an inshore cooperative, would 
participate in an IPA and other members of the sector or inshore 
cooperative would not participate in an IPA. In this case, a group of 
vessels would be fishing together under the same allocation of pollock, 
but would be fishing under separate allocations of the Chinook salmon 
PSC limit. Those participating in an IPA would be fishing under 
transferable allocations of Chinook salmon PSC issued to the entity 
that represents them and those not participating in an IPA would be 
fishing under the opt-out allocation.
    All vessels fishing under the opt-out allocation would be managed 
by NMFS as a group for purposes of Chinook salmon PSC limits, 
regardless of the sector, inshore cooperative, or CDQ group on whose 
behalf they were fishing for purposes of their pollock allocations. All 
Chinook salmon bycatch by these vessels fishing under the opt-out 
allocation would accrue against the opt-out allocation. Chinook salmon 
bycatch in the opt-out allocation would be non-transferable, because 
the salmon are not being allocated to an entity. There would be no 
rollover of unused Chinook salmon in the A season opt-out allocation to 
the B season opt-out allocation because, under the 60,000 PSC limit, 
this flexibility is offered only to those participating in an IPA. The 
Council specifically intended that more restrictive management measures 
would apply to the opt-out allocation to increase the incentive to 
participate in an IPA.
    NMFS would close directed fishing for pollock by all vessels 
fishing under the opt-out allocation when NMFS determines that the 
seasonal opt-out allocation will be reached. If some vessels in a 
sector or inshore cooperative were fishing under the opt-out allocation 
and others were fishing under transferable Chinook salmon PSC 
allocations, and if the sector or inshore cooperative had not yet 
reached its seasonal pollock allocation, those vessels fishing under 
the transferable Chinook salmon PSC allocations could continue to fish 
for pollock while the vessels fishing under the opt-out allocation 
would be required to stop fishing for pollock because the opt-out 
allocation had been reached.
    One of the more complicated scenarios that could occur under 
Amendment 91 would be if a number of inshore catcher vessels did not 
join an inshore cooperative, and some participated in an IPA but others 
did not. If an inshore catcher vessel does not join a cooperative, it 
fishes under an allocation of pollock to the inshore open-access 
fishery. That pollock allocation is based on the pollock catch history 
associated with each vessel not joining a cooperative. For this 
example, assume that two inshore catcher vessels did not join a 
cooperative and were fishing under seasonal allocations of pollock to 
the inshore open access fishery. Regardless of which Chinook salmon PSC 
allocation they were fishing under or the status of those PSC 
allocations, both vessels would be required to stop fishing for pollock 
when their combined catch of pollock reached the amount of pollock 
allocated to the inshore open-access fishery. If one of these vessels 
participated in an IPA but the other did not, the vessel participating 
in an IPA would be fishing under an amount of Chinook salmon allocated 
to the inshore limited access fishery based on that vessel's proportion 
of pollock catch history shown in Column D of proposed Table 47c to 
part 679. Even if pollock remained available to the two vessels fishing 
in the inshore open-access fishery, once the allocation of Chinook 
salmon to the inshore open-access fishery was reached, the operator of 
the vessel participating in an IPA would be required to stop fishing 
for pollock. The other vessel that did not participate in an IPA would 
be fishing under the opt-out allocation. As long as Chinook salmon 
remained available in the opt-out allocation and pollock remained 
available in the inshore open-access allocation of pollock, this vessel 
could continue to fish for pollock.
    Predicting when a salmon PSC limit will be reached by a group of 
vessels is difficult for NMFS under any circumstances because of the 
variability and unpredictability of salmon bycatch. If only a few 
vessels fished under the opt-out allocation, the amount of Chinook 
salmon PSC in the opt-out allocation could be very small and it would 
be difficult for NMFS to accurately project when the opt-out allocation 
would be reached. If the closure date selected by NMFS resulted in more 
Chinook salmon caught than the A season opt-out allocation, the amount 
over the A season allocation would be deducted by NMFS from the B 
season opt-out allocation. However, if the closure date selected by 
NMFS in the B season resulted in more Chinook salmon caught in the year 
than was allocated to the opt-out allocation, NMFS could not reduce the 
amount of Chinook salmon PSC allocated to other entities or fisheries, 
because these allocations would have already been made and could not be 
withdrawn by NMFS due to bycatch by vessels fishing under the opt-out 
allocation. Based on NMFS's experience with other programs that 
allocate transferable amounts of groundfish, halibut, crab, or 
prohibited species, even if one entity or fishery

[[Page 14026]]

exceeds its portion of an allocation, generally the overall allocation 
is not exceeded because other entities do not harvest their full 
allocations. With all of the restrictions that would be in place under 
the 60,000 PSC limit, particularly the performance standard, even if 
the opt-out allocation were exceeded or an entity receiving a 
transferable allocation exceeded its allocation, it is unlikely that 
the total amount of Chinook salmon bycatch in the BS pollock fishery 
will reach even the lower limit of 47,591 in a year.

Chinook Salmon Bycatch Performance Standard for Sectors

    The proposed rule includes a Chinook salmon bycatch performance 
standard for each sector that has at least some members participating 
in an IPA. In addition to participation by at least some members in an 
IPA, for each sector to continue to receive its allocation of the 
60,000 Chinook salmon PSC limit, the total annual Chinook salmon 
bycatch by all members of a sector participating in an IPA could not 
exceed the sector's ``annual threshold amount'' in any three years 
within a consecutive seven-year period. Although Chinook salmon PSC 
allocations would be made to the inshore cooperatives and the CDQ 
groups, the performance standard would apply to the sector, not to 
individual inshore cooperatives or CDQ groups.
    Before each fishing year, NMFS would calculate each sector's annual 
threshold amount. If all members of a sector participate in an IPA that 
year, a sector's annual threshold amount would be that sector's portion 
of the 47,591 PSC limit, which is the annual total of the A and B 
season allocations for that sector under the 47,591 PSC limit shown in 
Table 1 of this preamble. For example, the mothership sector's annual 
portion of 47,591 is 3,707 Chinook salmon (2,665 A season + 1,042 B 
season). If all catcher vessels delivering to motherships participated 
in an IPA that year, the mothership sector's annual threshold amount 
for that year would be 3,707 Chinook salmon. If all catcher vessels in 
the mothership sector participated in an IPA in each of seven 
consecutive years, the mothership sector would maintain its allocation 
of 4,674 Chinook salmon PSC under the 60,000 PSC limit as long as the 
Chinook salmon bycatch by all vessels in the mothership sector was less 
than or equal to 3,707 Chinook salmon in at least five of those seven 
years.
    If some, but not all, members of a sector participate in an IPA, 
NMFS would reduce that sector's annual threshold amount by an amount 
equal to the sum of each of the non-participating vessel's portion of 
47,591. The amount of Chinook salmon associated with each vessel in 
each sector is shown in Column G of proposed Tables 47a through 47c to 
part 679 and for each CDQ group in Column E of proposed Table 47d to 
part 679.
    Continuing with the example of the mothership sector, and using the 
information from Column G of proposed Table 47b to part 679, the annual 
threshold amount for the mothership sector would be adjusted downward 
from 3,707 Chinook salmon if any catcher vessels in the sector did not 
participate in an IPA. For example, if all catcher vessels in the 
mothership sector except the F/V American Beauty participated in an 
IPA, the mothership sector's annual threshold amount would be 3,484 
Chinook salmon. This amount is determined by subtracting 223, the 
number of Chinook salmon that represents the F/V American Beauty' 
portion of 47,591 from Column G of proposed Table 47b, from 3,707. The 
F/V American Beauty would be fishing under the opt-out allocation and 
its bycatch would not accrue against the mothership sector's annual 
threshold amount for that year.
    At the end of each fishing year, NMFS would evaluate each sector's 
annual bycatch against that sector's annual threshold amount. Only the 
bycatch of vessels or CDQ groups participating in an IPA would accrue 
against a sector's annual threshold amount. If a sector's annual 
bycatch exceeds its annual threshold amount in any three years within 
seven consecutive years, NMFS would reduce that sector's Chinook salmon 
PSC allocation to that sector's portion of 47,591 Chinook salmon for 
all future years. A sector's annual threshold amount does not change 
when vessels from other sectors or entire sectors opt-out of an IPA or 
if another sector exceeds its performance standard.
    If all members of a sector did not participate in an IPA, then the 
annual threshold amount would be zero because the full amount of the 
sector's portion of 47,591 would have been subtracted from the initial 
amount of the annual threshold amount. For example, the mothership 
sector's share of 47,591 is 3,707 Chinook salmon. If all catcher 
vessels eligible to deliver to motherships did not participate in an 
IPA, then the sum of the amount each vessel represented of 3,707 would 
be subtracted from 3,707. This would leave an annual performance 
threshold of zero for the mothership sector. However, only bycatch by 
vessels participating in an IPA accrue against the annual threshold 
amount, so when no members of a sector participate in an IPA, no 
Chinook salmon bycatch accrues against the sector's annual threshold 
amount and, as long as this continues throughout the seven consecutive 
years, the sector would not exceed its performance standard and would 
continue to fish under the opt-out allocation. This outcome is 
consistent with the intent of the Council for the performance standard 
because fishing under the opt-out allocation, which is a portion of 
28,496 Chinook salmon, is more restrictive than fishing under the 
47,591 PSC limit.

Transfers and Rollovers

    Under this proposed rule, NMFS would issue transferable Chinook 
salmon PSC allocations under either the 60,000 or 47,591 Chinook salmon 
PSC limits to eligible entities representing the catcher/processor 
sector, the mothership sector, inshore cooperatives, and CDQ groups. 
Transferable allocations would provide the pollock fleet the 
flexibility to maximize the harvest of pollock while maintaining 
Chinook salmon bycatch at or below the PSC limit. Transfers are 
requests to NMFS from holders of Chinook salmon PSC allocations to move 
a specific amount of a Chinook salmon PSC from a transferor's 
(sender's) account to a transferee's (receiver's) account. NMFS's 
approval is required for any transfer.
    Eligible entities may transfer Chinook salmon PSC allocations to 
and from any of the other entities representing sectors, cooperatives, 
or CDQ groups, subject to the following restrictions: (1) Entities 
receiving transferable allocations under the 60,000 limit would only be 
allowed to transfer to and from other entities receiving transferable 
allocations under the 60,000 limit, (2) entities receiving transferable 
allocations under the 47,591 limit would only be allowed to transfer to 
and from other entities receiving transferable allocations under the 
47,591 limit, and (3) Chinook salmon may not be transferred between 
seasons.
    Under this proposed rule, requests for transfers may be submitted 
either electronically or non-electronically through a form available on 
the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov/). 
Computer programs would be designed to review the transferor's catch 
account during a transfer request to ensure sufficient Chinook salmon 
is available to transfer and, if it were, to make that transfer 
effective immediately.
    Post-delivery Transfers of Chinook Salmon Prohibited Species Catch 
Allocations. This proposed rule contains a post-delivery transfer 
provision similar to the allowances

[[Page 14027]]

implemented under Amendment 80 to the FMP and the Central Gulf of 
Alaska Rockfish Program. If an entity's transferable Chinook salmon PSC 
allocation account balance falls below zero in a season, the entity 
would be provided the opportunity to receive transfers of Chinook 
salmon PSC to bring the entity's account balance back up to zero or 
above. However, once an account balance falls below zero in each 
season, vessels participating on behalf of the entity would be 
prohibited from starting a new fishing trip for the remainder of the 
season. This requirement would implement the Council's recommendation 
that ``any recipient of a post-delivery transfer during a season may 
not fish for the remainder of that season.''
    A new component would be added to the definition of a fishing trip 
in Sec.  679.2 to define a fishing trip for purposes of post-delivery 
transfers of Chinook salmon PSC allocations as ``the period beginning 
when a vessel operator commences harvesting any pollock that will 
accrue against a directed fishing allowance for pollock in the BS or 
against a pollock CDQ allocation harvested in the BS and ending when 
the vessel operator offloads or transfers any processed or unprocessed 
pollock from that vessel.'' This definition and the associated 
prohibitions at Sec.  679.7(d)(8)(ii)(C)(2) and Sec.  679.7(k)(8)(iii) 
related to overages would allow catcher vessels fishing for an entity 
that had exceeded its Chinook salmon PSC allocation to continue to fish 
for pollock until the end of the current trip even though additional 
Chinook salmon caught before the end of that fishing trip would 
increase the amount of the entity's overage. Similarly, any catcher/
processor fishing when the catcher/processor sector exceeded its 
seasonal Chinook salmon PSC allocation could continue to fish for 
pollock until pollock was next offloaded from the vessel, even if the 
sector's overage would continue to increase as a result of a catcher/
processor completing its fishing trip.
    Overages of Chinook salmon PSC would be evaluated on June 25 for 
the A season and on December 1 for the B season. This would provide 
entities 15 days after the end of the A season and 30 days after the 
end of the B season to obtain post-delivery transfers to reduce or 
eliminate any overages. NMFS proposes that 15 days after the A season 
is an appropriate amount of time to provide for post-delivery transfers 
because most A season pollock fishing is completed well before the end 
of the season on June 10, and NMFS needs to resolve A season account 
balances relatively quickly so that any necessary adjustments can be 
made to the B season account balances before B season pollock fishing 
begins. NMFS proposes to allow 30 days after the end of the B season 
for post-delivery transfers because pollock fishing will cease for the 
remainder of the year on November 1, and NMFS does not need to make 
further adjustments to account balances within a specified period of 
time at the end of the year. If, after allowing for post-delivery 
transfers to cover an overage, an entity exceeded its Chinook salmon 
PSC allocation, the entity could be subject to an enforcement action 
for violating NMFS regulations.
    Rollover of A Season Chinook Salmon Prohibited Species Catch 
Allocations. NMFS would add, or ``rollover'', any Chinook salmon PSC 
allocation remaining after the A season for an entity receiving a 
transferable allocation or for vessels fishing under non-transferable 
allocations, except the opt-out allocation, to the B season allocation 
for that entity or sector. This action would be done by NMFS 
automatically on June 26, after the deadline for post-delivery 
transfers had passed. The combination of transferable Chinook salmon 
PSC allocations from one entity to another entity in the A season, plus 
the automatic rollover of unused A season allocations effectively 
allows one entity to transfer Chinook salmon from its A season 
allocation to another entity's B season allocation, as long as the 
transfer was completed by June 25. This would be accomplished by one 
entity transferring A season Chinook salmon to another entity during 
the A season and that second entity not using that Chinook salmon in 
the A season, but allowing it to roll over to its B season allocation.

Incentive Plan Agreement

    An IPA is a private contract among vessel owners or CDQ groups that 
establishes incentives for participants to reduce Chinook salmon 
bycatch. The parties to an IPA, or the people who would sign the 
contract, would be the owners of AFA-eligible catcher vessels, catcher/
processors, or motherships, or the representatives of CDQ groups. The 
proposed rule would allow the representative of an AFA cooperative or a 
sector-level entity formed under Amendment 91 to sign an IPA on behalf 
of all vessel owners that are members of that inshore cooperative or 
sector-level entity.
    If NMFS approves at least one IPA, those participating in an IPA 
would receive an allocation of the 60,000 Chinook salmon PSC limit. 
Those not participating in an IPA would be considered to be ``opting-
out'' of an IPA and would fish under the opt-out allocation.
    Incentive Plan Agreement Components. The IPA concept includes (1) 
the NMFS approved IPA that contains the elements of the incentive 
program that all parties to the IPA (vessel owners, CDQ groups, or 
both) agree to follow and (2) the annual report to the Council about 
performance under the IPA in the previous year.
    The deadline for an application for approval of a proposed IPA is 
October 1 of the year prior to the year in which the IPA is proposed to 
be effective. This deadline is necessary to allow enough time for NMFS 
to review the proposed IPA and to issue a decision on its approval or 
disapproval prior to the start of the next fishing year.
    An IPA would be required to contain a written description of the 
following:
    (1) The incentive(s) that would be implemented under the IPA to 
ensure that the operator of each vessel governed by the IPA will avoid 
Chinook salmon bycatch at all times while directed fishing for pollock 
in the BS;
    (2) The rewards for avoiding Chinook salmon bycatch, penalties for 
failure to avoid Chinook salmon bycatch at the vessel level, or both;
    (3) How the incentive measures in the IPA are expected to promote 
reductions in a vessel's bycatch rates relative to what would have 
occurred in absence of the incentive program;
    (4) How the incentive measures in the IPA promote Chinook salmon 
bycatch savings in any condition of pollock abundance or Chinook salmon 
abundance in a manner that is expected to influence operational 
decisions by vessel operators to avoid Chinook salmon bycatch; and
    (5) How the IPA ensures that the operator of each vessel governed 
by the IPA will manage his or her bycatch to keep total bycatch below 
the performance standard for the sector in which the vessel 
participates.
    An IPA would be required to identify the AFA vessels that are 
participating in the IPA. However, the IPA would not be required to 
list all of the vessels that a CDQ group plans to use to harvest its BS 
pollock allocation. A CDQ group would participate in an IPA on behalf 
of all vessels directed fishing for pollock for that CDQ group. If a 
CDQ group representative signs an IPA, all vessels directed fishing for 
pollock for that CDQ group would be required to participate in the IPA. 
Information submitted to NMFS on industry observer reports are 
sufficient for NMFS to identify vessels fishing for pollock CDQ on 
behalf of a CDQ group.

[[Page 14028]]

    Vessel and CDQ group participation in an IPA would be voluntary. 
However, any vessel or CDQ group permitted to receive pollock 
allocations under the AFA that wants to join an IPA must be allowed to 
join subject to the terms that have been agreed upon by all parties to 
that IPA. NMFS would post a copy of any proposed IPA on its website so 
that the public is informed that a proposed IPA is under review by 
NMFS. A participant who believed that they were involuntarily excluded 
from the IPA could submit documentation of the violation with a 
challenge to NMFS's approval of the proposed IPA. NMFS would have to 
review this information and determine whether the assertion was valid. 
If it were, NMFS would disapprove the proposed IPA. Further resolution 
of the issue could then occur through NMFS's administrative appeal 
process. However, an appeal on the issue of involuntary exclusion could 
be difficult and time consuming to resolve, and an on-going appeal 
would require all participants to fish under the PSC limit that would 
apply if the IPA under appeal was not in effect.
    Each IPA representative would be required to submit an annual 
report to the Council by April 1 each year after the first full year of 
operation of an IPA. If an IPA is approved for 2011, the Council would 
receive the first annual report on this IPA by April 1, 2012.
    The IPA annual report would be the primary tool through which the 
Council would evaluate whether its goals for the IPAs are being met. 
The IPA annual report would be required to contain: (1) A comprehensive 
description of the incentive measures in effect in the previous year, 
(2) a description of how these incentive measures affected individual 
vessels, (3) an evaluation of whether incentive measures were effective 
in achieving salmon savings beyond levels that would have been achieved 
in the absence of the measures, and (4) a description of any amendments 
to the terms of the IPA that were approved by NMFS since the last 
annual report, and the reasons that the amendments to the IPA were 
made.
    Minimum Participation. To be approved by NMFS, the Council 
recommended that an IPA must meet a minimum participation requirement 
of vessel owners or CDQ groups that (1) ``represent not less than 9 
percent of the pollock quota'' and (2) be composed of at least two 
unaffiliated AFA companies or CDQ groups. The Council intended the 
minimum participation requirement for the IPA to allow members of 
different sectors to join together to form an IPA, but not force 
members of different sectors to join with other sectors. They expressed 
this intent through the minimum participation requirement related to 
the ``percent of pollock quota''. This method is based on the 
percentage allocations of pollock associated with each sector in the 
AFA and not on the actual percent of the annual TAC that is allocated 
to each sector. Ten percent of the pollock TAC is allocated to the CDQ 
Program. After subtraction of the incidental catch allowance, the 
remaining amount of pollock (the ``directed fishing allowance'') is 
allocated among the catcher/processor, mothership, and inshore sectors.
    In the proposed rule, the proportions for each sector (and for 
vessels in each sector) that NMFS would use to determine minimum 
participation are shown in Column H of proposed Table 47a to part 679 
for the catcher/processor sector, proposed Table 47b to part 679 for 
the mothership sector, and proposed Table 47c to part 679 for the 
inshore sector. The 9 percent associated with the mothership sector for 
purposes of the minimum participation requirements under this proposed 
rule derives from multiplying 90 percent, which is 100 percent minus 
the 10 percent associated with the CDQ Program allocation, by the 
mothership sector's allocation of 10 percent of the pollock directed 
fishing allowance. Similarly, the 36 percent associated with the 
catcher/processor sector is 90 percent multiplied by catcher/processor 
sector's 40 percent allocation of the directed fishing allowance, and 
the 45 percent associated with the inshore sector is 90 percent 
multiplied by the inshore sector's 50 percent allocation of the 
directed fishing allowance. While these percentages do not represent 
either the percent of the pollock TAC or the percent of the pollock 
directed fishing allowance allocated to the non-CDQ sectors each year, 
they represent a method of expressing the percent of the ``pollock 
quota'' associated with each sector that can be used to specify minimum 
participation requirements for the IPA, which would not change as the 
incidental catch allowance changes.
    If some, but not all, vessel owners in a sector participated in an 
IPA, then the minimum participation requirements would be evaluated 
based on the sum of the proportion of the amount of pollock available 
for directed fishing that is associated with each vessel.
    NMFS Approval of an IPA. Approval or disapproval of an IPA by NMFS 
would be an administrative determination. NMFS would review a proposed 
IPA by comparing the actual content of a proposed IPA with the 
information requirements in regulations, and would decide whether the 
proposed IPA provides the required information. Because the 
requirements for an IPA are performance based (i.e., they address what 
an IPA should accomplish), any number of different incentive plans 
could meet these objectives. As long as a proposed IPA contains all of 
the information required in NMFS regulations and it generally describes 
an incentive program that is designed to accomplish the goals specified 
in regulation, NMFS would approve the IPA. In reviewing the proposed 
IPAs, NMFS would not judge the expected adequacy of the incentives 
described. Judgments about the efficacy or outcomes of the proposed 
incentive plans would be subjective and the regulations would not 
provide a legal basis for NMFS to disapprove a proposed IPA because 
NMFS does not believe that the proposed measures would succeed. Minor 
errors or omissions in the proposed IPA could be resolved by NMFS 
contacting the IPA representative, in writing, and requesting revisions 
to the IPA. All approved IPAs would be made available for Council and 
public review.
    If NMFS approves an IPA, the IPA representative would be notified 
in writing of the approval and a copy of the IPA and the list of 
participants would be posted on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov/). Once approved, an IPA would remain in 
effect unless it contains an expiration date, until the IPA 
representative notifies NMFS that the IPA is terminated, or until NMFS 
approves an amendment to the IPA, except that an IPA could not be 
terminated or expire mid-year. An existing IPA would not have to be re-
submitted each year. Representatives of inshore cooperatives or the 
entities representing the catcher/processor or mothership sectors could 
sign a proposed IPA on behalf of all members of the cooperative or 
sector-level entity. Once party to an IPA, a vessel owner, sector-level 
entity, inshore cooperative, or CDQ group could not withdraw from the 
IPA or remove a vessel from the IPA until after the close of a fishing 
year.
    Amendments or revisions to the terms and conditions of an IPA could 
be submitted to NMFS by the IPA representative at any time, except that 
proposed amendments to change the participants in the IPA mid-year, or 
to terminate or end an IPA, would not be approved. Mid-year revisions 
to an incentive plan are not likely because of the cost associated with 
getting all parties to agree to any changes and the time involved in 
obtaining the

[[Page 14029]]

signatures needed for a contract revision. However, particularly in the 
first few years of an IPA, the flexibility to adjust the incentive plan 
mid-year may be necessary, and it is preferable to allow these 
amendments rather than have necessary adjustments made outside of the 
contract where they would not be apparent to the Council, the public, 
or those evaluating the effectiveness of the IPAs. The proposed rule 
includes a requirement that any amendments to an approved IPA (and the 
reasons for these amendments) be described by the IPA representative in 
the annual report to the Council. If an amendment is submitted, NMFS 
would review whether the IPA, if amended, would continue to comply with 
all applicable requirements. The original, approved IPA would be 
effective until NMFS approved an amendment. If an amendment were 
disapproved, the existing approved IPA would remain in effect.
    If NMFS determines that the regulatory requirements for the IPA 
were not met, it would issue an initial administrative determination 
(IAD) explaining the reasons that the proposed IPA did not comply with 
Federal regulations. Examples of reasons for disapproval are a complete 
lack of information that responds in any way to one or more of the IPA 
requirements, information that did not make sense in such an obvious 
way as to be clearly not responsive to the requirements, a component of 
an IPA that was specifically designed to exceed the performance 
standard, or a description of a component of the IPA that was in 
conflict with another regulation or law governing the BS pollock 
fishery.
    If NMFS issued an IAD disapproving a proposed IPA, the IPA 
representative could either submit a revised IPA that addressed the 
issues identified in the IAD or file an administrative appeal. While an 
appeal is pending, participants in the proposed IPA may not receive 
transferable Chinook salmon allocations under the 60,000 PSC limit. If 
no other IPA were approved, all AFA participants would receive 
transferable allocations under the 47,591 PSC limit. If an IPA were 
approved for other participants in the BS pollock fishery, those 
participating in the IPA under appeal would fish under the opt-out 
allocation because, at the beginning of the fishing year, they would 
not be participants in an approved IPA.
    Final agency action on an administrative appeal to approve a 
proposed IPA that occurred after January 19 of any year would be 
effective in the year after the administrative appeal is resolved. Once 
Chinook salmon PSC allocations are issued at the beginning of the year 
and computer programs are established to accrue Chinook bycatch from 
each vessel participating in the BS pollock fishery to the appropriate 
Chinook salmon PSC allocation, NMFS could not reissue Chinook salmon 
PSC allocations or reassign vessels or CDQ groups to another allocation 
account.

Proposed Monitoring and Enforcement Requirements

    This proposed rule would place constraints on the BS pollock 
fishery that currently do not exist. The only regulatory measure that 
currently prevents the full harvest of a pollock allocation is the end 
of a fishing season, and no PSC limits currently prevent pollock 
fishermen from full harvest of their allocations. Amendment 91 would 
implement Chinook salmon PSC limits that, if reached, could prevent the 
full harvest of a pollock allocation by a sector, inshore cooperative, 
or CDQ group. Each entity receiving a transferable Chinook salmon PSC 
allocation would be prohibited from exceeding that allocation. Once a 
Chinook salmon PSC allocation has been reached, the only way to prevent 
further overages of that allocation is for all vessels fishing on 
behalf of the entity with the overage to stop fishing for pollock.
    The EIS explains why current methods of estimating Chinook salmon 
bycatch in the BS pollock fishery are not adequate to support 
monitoring and enforcement of the Chinook salmon PSC limits and must be 
improved. See sections 2.5.8 and 3.1 of the EIS (see ADDRESSES). The 
following sections describe NMFS's proposed regulatory amendments to 
accomplish the improvements to Chinook salmon bycatch monitoring in the 
BS pollock fishery necessary to support the Council's objectives under 
Amendment 91.
    With this proposed rule, NMFS would use the same method of 
accounting for Chinook salmon bycatch for all AFA sectors. NMFS 
believes that to accurately count salmon for Chinook salmon PSC 
allocations, the following requirements must be implemented under this 
proposed rule: (1) Observer coverage for all vessels and processing 
plants, (2) retention requirements, (3) specific areas to store and 
count all salmon, (4) video monitoring on at-sea processors, and (5) 
electronic reporting of salmon by species by haul or delivery. 
Prohibitions against the discard of salmon in the BS pollock fishery 
would be added to prohibitions for the CDQ Program (at Sec.  
679.7(d)(8)(ii)(A)) and for the AFA (Sec.  679.7(k)(8)(i)).

Catcher Vessels Delivering to Inshore Processors

    Currently, the Chinook salmon bycatch rates from observed vessels 
are used to estimate Chinook salmon bycatch by the unobserved vessels 
delivering pollock to inshore processors. This method of accounting for 
Chinook salmon bycatch would not be adequate for monitoring and 
enforcement of transferable PSC allocations under Amendment 91.
    Under this proposed rule, catcher vessels delivering pollock, 
including pollock CDQ, to inshore processors would be required to 
retain all salmon of any species caught while directed fishing for 
pollock in the BS, and to deliver that salmon together with its pollock 
catch to an inshore processor with an approved catch monitoring and 
control plan (CMCP). Full retention of all salmon regardless of species 
would be required because it is difficult to differentiate Chinook 
salmon from other species of salmon without direct identification. NMFS 
proposes that identification of and counting of salmon would occur at 
the shoreside processing plant or on the floating processor where 
conditions for identification and counting of salmon can be better 
monitored and controlled.
    In addition, catcher vessels delivering to inshore processors would 
be required to carry an observer at all times while directed fishing 
for pollock in the BS. Currently, observer coverage for these catcher 
vessels is based on vessel length with one observer required at all 
times for vessels greater than 125 feet length overall (LOA) and an 
observer required for 30 percent of the fishing days for vessels 
between 60 feet and 125 feet LOA (see Sec.  679.50(c)(1)(v)). An 
observer would be required on every catcher vessel, primarily to 
monitor compliance with the requirement to retain all salmon to ensure 
that all salmon bycatch is counted at the processing plant. These 
duties would not require an observer with prior experience or a ``level 
2'' endorsement as defined at Sec.  679.50(j)(1)(v)(D).
    The observer on a catcher vessel is responsible for identifying and 
counting salmon, and collecting scientific data or biological samples 
from a delivery. These duties must be completed as soon as possible 
after the delivery so that information about salmon bycatch from each 
delivery is available to NMFS, the vessel operator, and the entity 
responsible for the Chinook salmon bycatch by this vessel. Therefore, 
this proposed rule would prohibit the

[[Page 14030]]

operator of a catcher vessel from starting a new fishing trip for 
pollock in the BS until the observer assigned to their vessel had 
completed their duties in the processing plant. The vessel operator 
could obtain a different observer if he or she needed to start a new 
trip before the observer from the previous delivery was finished with 
duties associated with the previous delivery.

Inshore Processors

    Under current regulations, each inshore processor that receives AFA 
pollock is required to develop and operate under a NMFS-approved CMCP. 
The procedures established under the AFA for the CMCPs were designed to 
monitor the weighing of pollock at the inshore processing plants. 
Proper weighing of large volumes of a target species such as pollock 
require different conditions than does the proper sorting, 
identification, and counting of a more infrequently occurring bycatch 
species such as salmon. Salmon can be difficult to see, identify, and 
count amid the large volume of pollock. The factory areas of processing 
plants are large and complex. Preventing observers from seeing salmon 
that enter the factory area of the processing plant would not be 
difficult. In addition, observers must examine each salmon to verify 
the species identification. Therefore, NMFS proposes that the following 
additions to requirements for the inshore processors are needed to 
ensure that observers have access to all salmon bycatch prior to the 
fish being conveyed into the processing area of the plant:
    (1) Processors would be prohibited from allowing salmon to pass 
from the area where catch is sorted and into the factory area of the 
processing plant;
    (2) The observer work station currently described in regulations at 
Sec.  679.28(g) would be required to be located within the observation 
area identified in the CMCP;
    (3) A location must be designated within the observation area for 
the storage of salmon; and
    (4) All salmon of any species must be stored in the observation 
area and within view of the observer at all times during the offload.
    Because these requirements would be effective for the 2011 fishing 
year, inshore processors would have to modify their plants to meet 
these requirements and have these modifications reflected in CMCPs 
approved by NMFS prior to January 20, 2011.
    Observers would identify the species of each salmon, count each 
salmon, record the number of salmon by species on their data form, and 
transmit that information electronically to NMFS. Data submitted by the 
observer would be used by NMFS to accrue Chinook salmon bycatch against 
an entity's allocation. The manager of the inshore processor would be 
provided notice by the observer when he or she will be conducting the 
salmon count and would be provided an opportunity to witness the count. 
Information from the observer's salmon count would be made available to 
the manager of the inshore processor for their use in submitting this 
information to NMFS on electronic logbooks or landings reports.
    Requirements to deliver pollock to inshore processors that have 
approved CMCPs currently apply only to AFA catcher vessels delivering 
non-CDQ pollock to inshore processors. These requirements do not apply 
to catcher vessels directed fishing for pollock on behalf of a CDQ 
group. With few exceptions, pollock allocated to the CDQ Program since 
1992 has been processed at sea on catcher/processors or motherships. 
Therefore, this requirement would not require any of the CDQ groups to 
stop delivering pollock CDQ to a currently-contracted processing 
partner. In the future, if they chose to have pollock CDQ delivered to 
a shoreside processing plant, the catcher vessel used to harvest the 
pollock CDQ would be required to comply with the retention and observer 
coverage requirements described above and the pollock would have to be 
delivered to a processor with an approved CMCP. This requirement is 
necessary to ensure that salmon bycatch from the pollock CDQ fisheries 
are properly counted and reported.

Catcher/Processors and Motherships

    Current methods for estimating salmon bycatch by catcher/processors 
and catcher vessels delivering to motherships rely on requirements for 
two observers on each catcher/processor and mothership and using 
observers' species composition sample data to estimate the number of 
salmon in each haul. This method has been adequate to estimate Chinook 
salmon bycatch for management of the current trigger cap that applies 
to the BS pollock fishery as a whole.
    However, in the proposed rule, NMFS proposes to use a census or a 
full count of Chinook salmon bycatch in each haul by a catcher/
processor and delivery by a catcher vessel to a mothership or catcher/
processor as a basis for monitoring and enforcing the Chinook salmon 
PSC allocations under Amendment 91. This would eliminate the 
uncertainty associated with extrapolating from species composition 
samples to estimates of the total number of salmon caught in each haul 
and support the level of precision and reliability that both the vessel 
owners and NMFS require to monitor and enforce Chinook salmon PSC 
limits.
    NMFS supports the use of a census on catcher/processors and 
motherships, as long as conditions exist to properly monitor that all 
of the salmon bycatch is retained and to provide the observer with the 
tools needed to identify, count, and report salmon bycatch by haul or 
delivery by catcher vessels. Current regulations require the retention 
of salmon ``until the number of salmon has been determined by an 
observer.'' Observers report the count of salmon for each haul in data 
submitted to NMFS and vessel operators separately report the count of 
salmon bycatch each day on their daily production reports.
    To ensure accurate counts of salmon on catcher/processors and 
motherships, NMFS proposes the following requirements:
    (1) No salmon of any species would be allowed to pass from the 
observer sample collection point and into the factory area of the 
catcher/processor or mothership;
    (2) All salmon bycatch of any species must be retained until it is 
counted by an observer;
    (3) Vessel crew must transport all salmon bycatch from each haul to 
an approved storage location adjacent to the observer sampling station 
so that the observer has free and unobstructed access to the salmon, 
and the salmon must remain within view of the observer from the 
observer sampling station at all times;
    (4) The observer must be given the opportunity to count the salmon 
and take biological samples, even if this requires the vessel crew to 
stop sorting or processing catch until the counting and sampling is 
complete;
    (5) The vessel owner must install a video system with a monitor in 
the observer sample station that provides views of all areas where 
salmon could be sorted from the catch and the secure location where 
salmon are stored; and
    (6) The counts of salmon by species must be reported by the 
operator of a catcher/processor for each haul, using an electronic 
logbook that will be provided by NMFS as part of the current eLandings 
software.
    The operator of the catcher/processor or mothership would be 
provided notice by the observer when he or she will be conducting the 
count of salmon and would be provided an opportunity to witness the 
count. Information from the observer's count of salmon would be made 
available to the vessel operator for

[[Page 14031]]

their use in submitting this information to NMFS on electronic logbooks 
or landings reports.
    The video requirements would be similar to those currently in place 
for monitoring fish bins on non-AFA trawl catcher/processors. An owner 
of a catcher/processor would be required to provide and maintain 
cameras, a monitor, and a digital video recording system for all areas 
where sorting and storage of salmon, prior to being counted by an 
observer, could occur. The video data must be maintained and made 
available to NMFS upon request for 120-days after the date the video is 
recorded. The video systems would also be subject to approval by NMFS 
at the time of the observer sample station inspection. In order for the 
video system to be effective and ensure the observer has access to all 
salmon prior to entering the factory area, no salmon of any species 
would be allowed to pass the last point where sorting could occur.
    These requirements would be effective for the 2011 fishing year so 
catcher/processors and motherships would have to modify their vessels 
to meet these requirements and have these modifications approved by 
NMFS prior to January 20, 2011.
    On September 23, 2009, NMFS conducted a workshop on proposed 
monitoring requirements for catcher/processors and motherships (74 FR 
43678, August 27, 2009). At that workshop, participants asked NMFS two 
main questions about the proposed video requirements.
    First, participants asked for clarification about the ownership and 
confidentiality status of video data recorded to monitor salmon bycatch 
sorting and storage on catcher/processors and motherships. Video data 
collected as a requirement of regulations belong to the vessel owner 
and, under proposed regulations at Sec.  679.28(j)(1)(v), must be 
retained onboard the vessel for at least 120 days after the date the 
video is recorded. Similar to logbook requirements the observer may 
request to view any of the recorded video data at any time, but such a 
request to view a recording does not require the observer to take 
custody of the hard drive on which the video data are recorded. 
Therefore, video data remains in the custody of the vessel owner or 
operator unless they are submitted to NMFS in response to a request 
from NMFS under Sec.  679.28(j)(1)(v). When video data are in the 
custody of the vessel operator, they are not subject to the Freedom of 
Information Act (FOIA) and NMFS may not require the vessel operator to 
provide video data to the public in response to a FOIA request. If 
video data are submitted to NMFS, they would be covered by the 
confidentiality laws and regulations that apply to any data or 
information in NMFS's possession. These laws include the FOIA, the 
Trade Secrets Act, and the Magnuson-Stevens Act. Under section 402(b) 
of the Magnuson-Stevens Act, information submitted to NMFS pursuant to 
a requirement under the Magnuson-Stevens Act is considered 
confidential. Video data required to be submitted to NMFS under Sec.  
679.28(j) are covered by these confidentiality provisions of the 
Magnuson-Stevens Act because the regulations in 50 CFR part 679 are 
promulgated under the authority of the Magnuson-Stevens Act. In 
addition, the FOIA or the Trade Secrets Act may prevent release of 
certain commercial information, which may include these video data. 
Finally, NMFS also must comply with regulatory guidelines in 50 CFR 
600.415 et seq., which control collection, handling, and disclosure of 
confidential fisheries information.
    Second, participants asked what would happen if the video equipment 
failed and could not be immediately repaired. Participants wanted to 
know if NMFS has a contingency plan that would allow the vessel 
operator to continue to sort and process catch from the BS pollock 
fishery until the video equipment is repaired. The requirement to 
record video of all areas in the factory where salmon are sorted from 
the catch and where salmon are stored until they are counted by an 
observer is an important component to monitoring compliance with 
Chinook salmon bycatch management measures under Amendment 91. 
Therefore, the requirements at Sec.  679.28(j) must be met when the 
catcher/processor or mothership is sorting or processing catch from the 
BS pollock fishery. The video systems that will comply with these 
proposed regulations are relatively simple systems with many easily 
replaceable components. The vessel operator should carry additional 
video system components so that the systems may be repaired while at 
sea with minimal lost time fishing. If some component of the video 
system fails when this equipment is required to be operational, and if 
the video system cannot be repaired at sea, the vessel operator should 
inform the NOAA Office of Law Enforcement (OLE) about the video 
failure.
    Operators of catcher/processors participating in the BS pollock 
fishery would be required to report the salmon bycatch counts by 
species for each haul rather than the daily total currently required. 
This count would be required to be submitted to NMFS using an 
electronic logbook so that the data are readily available to NMFS in an 
electronic format. Reporting the count of all salmon by species for 
each haul would not change or increase the amount of information that 
is required to be gathered by vessel operators because, to report the 
number of salmon by species each day, as they currently are required to 
do, vessel operators must obtain a count and identification of salmon 
in each haul and sum that information to get the daily totals.
    The electronic logbooks would replace the paper logbooks currently 
required to be submitted by the operators of catcher/processors under 
Sec.  679.5(c)(4). Current regulations require recording the following 
information in paper logbooks: Vessel identifying information and 
catch-by-haul information including haul number; date, time, and 
location of gear deployment and retrieval; average sea depth and 
average gear depth for each haul, target species of the haul, estimate 
weight of the haul, and information about retention of certain species. 
All of this information would now be submitted using the electronic 
logbook.
    The electronic logbooks would be an additional component to 
``eLandings,'' the program through which the operators of catcher/
processors currently submit their daily production reports. The 
requirement to maintain and submit daily logbook information 
electronically instead of maintaining and submitting a paper logbook is 
not expected to increase costs for the catcher/processors. The 
electronic logbook software would be developed by NMFS and provided to 
the vessel operator as part of the eLandings software that is updated 
annually by NMFS. Data entry for the electronic logbooks would be done 
on the same computer as already is required on the vessel to submit the 
electronic daily production reports. The same communications hardware 
and software currently used for eLandings could be used for the 
electronic logbooks. The vessel operators would be required to print 
out a copy of the electronic logbook and maintain it onboard the 
vessel. The additional cost of data entry of information into the 
electronic logbook should be offset by the reduction in cost associated 
with maintaining the paper logbook.
    AFA catcher/processors required to use an electronic logbook for 
their participation in the BS pollock fisheries also would be required 
to use this electronic logbook for the entire year for any other 
fishery in which they participate. Use of the electronic

[[Page 14032]]

logbook all year for all fisheries is necessary to provide logbook 
information from a vessel to NMFS in a consistent format throughout the 
year for all fisheries in which that vessel participates. In 2008, 13 
of the 17 catcher/processors that fished in the BS pollock fishery also 
participated in other fisheries, primarily yellowfin sole and Pacific 
cod. The days fishing in non-pollock fisheries represented 20 percent 
of the total fishing days for these vessels in 2008.
    Electronic logbooks would not be required for the AFA motherships 
or catcher vessels. Motherships already are required under Sec.  
679.5(e)(6) to submit daily an electronic landings report that includes 
a report of the number of salmon by species in each delivery by a 
catcher vessel. When NMFS develops the electronic logbook component of 
eLandings for the AFA catcher/processors, it likely also will develop 
an electronic logbook for the motherships, which could be used 
voluntarily in place of the paper logbook. Electronic logbooks also 
would not be required for catcher vessels delivering to inshore 
processors because the counting and reporting of the number of salmon 
by species in each delivery would be done at the processing plant and 
reported in the inshore processor's electronic logbook.

Release of Information About Chinook Salmon Prohibited Species Catch 
Allocations and Catch

    Under this proposed rule, the NMFS Alaska Region would post on its 
Web site (http://alaskafisheries.noaa.gov/) (1) The Chinook salmon PSC 
allocations for each entity receiving a transferable allocation, (2) 
each entity's Chinook salmon bycatch, and (3) the vessels fishing on 
behalf of that entity for that year. NMFS would update the Web site to 
reflect any transfers of Chinook salmon PSC allocations.
    For non-transferable allocations, the NMFS Alaska Region would also 
post on its Web site (1) the amount of each non-transferable 
allocation, (2) the Chinook salmon bycatch that accrued towards that 
non-transferable allocation, and (3) the vessels fishing under each 
non-transferable allocation. NMFS would update the website to reflect 
any changes to the B season non-transferable allocations from rollovers 
or deductions for overages in the A season.
    Information about Chinook salmon bycatch is based on data collected 
by observers and data submitted by processors. Section 402(b)(2) of the 
Magnuson-Stevens Act provides that any observer information is 
confidential and shall not be disclosed. As a result of this 
requirement, NMFS may not release information collected by observers 
from vessels or processing plants unless it is provided to the public 
in aggregate or summary form. However, section 210(a)(1)(B) of the AFA 
requires NMFS ``to make available to the public in such manner as the 
North Pacific Council and Secretary deem appropriate information about 
the harvest by vessels under a fishery cooperative of all species 
(including bycatch) in the directed pollock fishery on a vessel-by-
vessel basis.'' Public release of Chinook salmon bycatch information 
for each entity and vessel fishing on behalf of that entity would 
provide information valuable to the pollock industry and the public in 
assessing the efficacy of Amendment 91. It would also reduce the amount 
of time NMFS staff would need to spend responding to information 
requests about Chinook salmon bycatch in the BS pollock fishery.

Removal of Salmon Bycatch Retention Requirements in the Bering Sea 
Aleutian Islands Trawl Fisheries

    NMFS proposes to revise the requirements at Sec.  679.21(c), which 
currently require the operators of all vessels using trawl gear in the 
BSAI groundfish fisheries, and all processors taking deliveries from 
these vessels, to retain all salmon until the salmon have been counted 
by an observer and the observer has collected biological samples. This 
allows discard of salmon from a vessel with an observer onboard, after 
the observer has counted and sampled the salmon. It also requires 
retention of salmon by vessels without an observer onboard until those 
salmon are delivered to a processing plant, where an observer is 
provided the opportunity to count and sample the salmon. Once salmon 
are counted and sampled at the processing plant, they may either be 
donated to the PSD Program or they must be put back onboard a catcher 
vessel and discarded at sea. This proposed rule would apply these 
regulations only to catcher vessels and processors participating in the 
BS pollock fishery, because these requirements are needed to obtain an 
accurate count of all salmon bycatch for Chinook salmon PSC 
allocations.
    NMFS is proposing to remove the retention requirements in Sec.  
679.21(c) from participants in other BSAI trawl fisheries and the AI 
pollock fishery because it is not necessary to count each salmon in 
these other fisheries. Estimates of salmon bycatch for the other BSAI 
trawl fisheries, including the AI pollock fishery, would continue to be 
based on data collected by observers and extrapolation of bycatch rates 
derived from observer data to unobserved vessels. Moreover, all vessels 
and processors would continue to be required to report the number of 
discarded salmon by species in their landings or production reports. 
Current methods are adequate to estimate salmon bycatch in these other 
BSAI fisheries because, under current regulations, the salmon caught in 
these other fisheries (except AI pollock) does not accrue against the 
Chinook or non-Chinook PSC limits. Chinook salmon bycatch in the AI 
pollock fishery would continue to be managed with a trigger cap that 
closes the AI Chinook Salmon Savings Area. Current methods of 
estimating Chinook salmon bycatch are adequate to manage this area 
closure, if it is triggered during any AI pollock fishery in the 
future. Because the retention requirement would be removed from Sec.  
697.21(c), this proposed rule would also remove the prohibition at 
Sec.  679.7(c)(1) that prohibits the discard of any salmon taken with 
trawl gear in a BSAI groundfish fishery.
    The proposed rule also would standardize language related to the 
discard of salmon. Current regulations at Sec.  679.21(b) require that, 
with several exceptions, prohibited species be returned to the sea 
immediately, with a minimum of injury, regardless of condition. A 
similar regulation at Sec.  679.21(c)(5) requires that salmon bycatch, 
with the exception of those donated to the PSD program, be returned to 
Federal waters (Federal waters are defined in Sec.  679.2 as waters 
within the EEZ off Alaska). The requirements for discard of salmon 
bycatch in Federal waters were implemented under the final rule for 
Amendment 25 to the FMP (59 FR 9492; April 20, 1994). Neither the 
proposed nor the final rule provided an explanation about why the term 
``to Federal waters'' was applied to the discard of salmon and NMFS 
cannot identify a reason to have this different language for PSC in 
general versus salmon bycatch. NMFS proposes to standardize the 
language so that salmon not required to be retained by other 
regulations would be required to be returned to the sea and to remove 
reference to requiring discard of salmon specifically in Federal 
waters.

Other Proposed Regulatory Amendments

Revisions to Current Salmon Bycatch Management Measures

    This proposed rule would remove regulations at Sec.  
679.21(e)(1)(vi) for the 29,000 Chinook salmon PSC limit that

[[Page 14033]]

triggers closure of the Chinook Salmon Savings Area in the BS. It also 
would revise Figure 8 to part 679 to remove the Chinook Salmon Savings 
Areas in the BS and rename the figure ``the Aleutian Islands Chinook 
Salmon Savings Area.''
    This proposed rule would revise regulations at Sec.  679.21(g) to 
remove Chinook salmon in the salmon bycatch reduction ICA implemented 
under Amendment 84 to the FMP. The current ICA regulations apply to 
Chinook and non-Chinook salmon. Under Amendment 91, all of the 
regulations for the current ICA that apply to the bycatch of Chinook 
salmon would be removed from Sec.  679.21(g). The section heading would 
read ``Bering Sea Non-Chinook Salmon Bycatch Management.'' Regulations 
that require the ICA to include VRHS components for Chinook salmon, 
including the base rates, specification of Chinook Salmon Savings Area 
closures and notices, and assignment of vessels in cooperatives to 
tiers based on the cooperative's Chinook salmon bycatch, would be 
removed.
    One correction would be made to regulations currently at Sec.  
679.21(g)(5)(i) that identifies the ``parties'' to the ICA as ``the AFA 
cooperatives, CDQ groups, and third party groups''. The ``parties'' to 
an ICA are the cooperatives and CDQ groups who have a representative 
sign the ICA and agree to abide by the provisions of the ICA. The 
``third party groups'' are organizations representing western Alaskans 
who depend on salmon and have an interest in salmon bycatch reduction, 
but do not directly fish in a groundfish fishery. These groups were 
consulted in the development of the currently approved ICA and are 
provided information about activities conducted under the ICA, but 
representatives of these organizations do not sign the ICA. Therefore, 
they are not considered ``parties'' to the ICA.
    The proposed rule also would remove the exemptions from the Chinook 
Salmon Savings Area closures for vessel operators and CDQ groups that 
participate in the ICA. Although NMFS regulations would no longer 
require that the ICA include Chinook salmon in a VRHS system, the 
industry could continue to include Chinook salmon in their program on a 
voluntary basis.

Revisions to Current AFA Annual Reporting Requirements

    This proposed rule would require that the pollock industry submit 
three different annual reports to the Council by April 1 of each year.
    (1) The AFA cooperative annual reports that have been required 
since 2002 (Sec.  679.61(f)); the proposed rule would revise this 
report by moving two requirements to a new non-Chinook salmon ICA 
annual report.
    (2) The ICA Annual Report; this proposed rule would add a new 
report at Sec.  679.21(g)(4) for the non-Chinook salmon ICA that 
includes two components that are currently required to be submitted in 
the AFA cooperative annual reports.
    (3) The Chinook salmon IPA annual report; this proposed rule would 
add a new report at Sec.  679.21(f)(12)(vii) that would contain the 
requirements recommended by the Council under Amendment 91 and 
described earlier in the preamble to this proposed rule.
    Under regulations implementing the AFA (67 FR 79692; December 30, 
2002), the AFA cooperatives are required to submit to the Council each 
year a preliminary and a final report describing their pollock fishing 
(see Sec.  679.61(f)). The AFA cooperative annual reports are required 
to provide information about how the cooperative allocated pollock, 
other groundfish species, and prohibited species among the vessels in 
the cooperative; the catch of these species by area by each vessel in 
the cooperative; information about how the cooperative monitored 
fishing by its members; and a description of any actions taken by the 
cooperative to penalize vessels that exceeded the catch and PSC 
allocations made to the vessel by the cooperative. The preliminary AFA 
cooperative reports are due to the Council by December 1 of the year in 
which the pollock fishing occurred. The final AFA cooperative reports 
are due by February 1 of the following year.
    Additional information requirements about salmon bycatch were added 
to the annual AFA cooperative reports under Amendment 84 (72 FR 61070; 
October 29, 2007). Under that final rule, the AFA cooperatives are 
required to (1) Report the number of salmon taken by species and 
season, (2) estimate the number of salmon avoided as demonstrated by 
the movement of fishing effort away from the salmon savings area, (3) 
include the results of the compliance audit, and (4) list each vessel's 
number of appearances on the weekly ``dirty 20'' lists for both salmon 
species.
    Since implementation of these requirements in 2007, NMFS has 
realized that while some of the information required in the annual 
report is appropriate for the AFA cooperatives to include in their 
annual reports, some of the information is more appropriately reported 
in a separate report from the non-Chinook salmon ICA representative. 
These requirements are to ``estimate the number of salmon avoided as 
demonstrated by the movement of fishing effort away from the salmon 
savings area'', and to ``include the results of the compliance audit.'' 
These data elements provide information about the performance of the 
non-Chinook salmon ICA as a whole. The estimated number of all salmon 
avoided by actions taken under the non-Chinook salmon ICA is 
information provided by all participants and not for individual vessels 
or cooperatives. Similarly, the compliance audit is an evaluation of 
the non-Chinook salmon ICA as a whole. Therefore, the annual report of 
this information is more appropriately contained in a single report to 
the Council by the ICA representative for all ICA participants as a 
whole.
    Two components added to the AFA cooperative annual report 
requirements under Amendment 84 would continue to be required to be 
submitted in the cooperative annual reports; report the number of 
salmon taken by species and season, and list each vessel's number of 
appearances on the weekly ``dirty 20'' lists. The requirement for 
information about each vessel's number of appearances on the weekly 
``dirty 20'' list would be revised to apply this only to non-Chinook 
salmon because the requirement is related to performance under what 
would be the non-Chinook salmon ICAs in the future.
    The revision to the annual reporting requirements would reduce the 
information collection burden on the AFA cooperatives and would not 
increase the information collection burden on the ICA, because, in 
2009, the ICA representative prepared a single annual report about 
these two elements of the ICA (salmon saved and the compliance audit), 
and the AFA cooperatives referenced this separate report in their 
individual annual reports.
    This proposed rule would change the deadline for the AFA 
cooperative annual report from February 1 to April 1. It also would 
establish the deadline for the receipt of the annual report by the 
Council for the representative of the non-Chinook salmon ICA as April 1 
of the year following the year in which the fishing activity occurred. 
These deadlines would coincide with the April 1 deadline in this 
proposed rule for the new annual report that would be submitted to the 
Council about the Chinook salmon IPAs. Having the same deadline for all 
three of these reports would allow the Council to discuss any of these 
annual reports at one time at its April Council meeting.

Revisions to Definitions at 50 CFR 679.2

    This proposed rule would revise the definitions for a ``Fishing 
trip'' and

[[Page 14034]]

``Observed or observed data'' and remove definitions for ``Bycatch 
rate'' and ``Fishing month.''
    Proposed revisions to the definition of ``Fishing trip'' in Sec.  
679.2 would allow for post-delivery transfers of Chinook salmon PSC 
allocations. In addition to these revisions, NMFS proposes to revise 
the heading of the first definition of a fishing trip to more 
accurately describe the circumstances in part 679 under which this 
definition of a fishing trip applies. Currently, the first definition 
of a fishing trip applies to retention requirements including maximum 
retainable amounts, improved retention/improved utilization, and 
pollock roe stripping. However, this definition of a fishing trip also 
applies to its use in the recordkeeping and reporting requirements in 
Sec.  679.5. Under this proposed rule, the heading for the first 
definition of a fishing trip would be revised to add ``R&R requirements 
under Sec.  679.5'' to reflect the full scope of the current 
application of this definition in part 679.
    Paragraph Sec.  679.21(f) has been reserved since regulations 
implementing the vessel incentive program (VIP) were repealed (73 FR 
12898; March 11, 2008); however, there are three definitions in Sec.  
679.2 that refer to Sec.  679.21(f): ``Bycatch rate''; ``Observed or 
observed data''; and ``Fishing month''. Although these references do 
not conflict with any programs at this time, these definitions would 
not be consistent with the proposed regulations implementing Amendment 
91 at Sec.  679.21(f).
    NMFS proposes revising the definition of ``Observed or observed 
data'' in Sec.  679.2 because the definition includes two references to 
the repealed VIP. First, NMFS would remove the reference to Sec.  
679.21(f). Second, NMFS would remove from the paragraph the phrase 
``observed data'', which refers to components of the VIP and does not 
appear elsewhere in 50 CFR part 679. This proposed rule would revise 
the definition for ``observed'' to more accurately define the term as 
used in regulations to describe the observations of observers in regard 
to subpart E of 50 CFR part 679.
    This proposed rule would also remove two definitions that were 
implemented in support of the VIP. The term bycatch rate is used 
extensively in regulation: Sec.  679.21 (existing), Sec.  679.21 
(proposed), and Sec.  679.25; however, the two usages of bycatch rate 
defined in Sec.  679.2 were specific to the repealed VIP. Likewise, the 
definition for ``Fishing month'' would be removed because it was 
specific to the VIP and does not appear elsewhere in 50 CFR part 679.

Classification

    Pursuant to sections 304(b) and 305(d) of the Magnuson-Stevens Act, 
the NMFS Assistant Administrator has determined that this proposed rule 
is consistent with the FMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration of 
comments received during the public comment period.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.

Environmental Impact Statement (EIS) and Regulatory Impact Review (RIR)

    A final EIS and RIR were prepared to serve as the central decision-
making documents for the Secretary of Commerce to approve, disapprove, 
or partially approve Amendment 91, and for NMFS to implement Amendment 
91 through Federal regulations. The EIS was prepared to disclose the 
expected impacts of this action and its alternatives on the human 
environment. The RIR for this action was prepared to assess the costs 
and benefits of available regulatory alternatives.

Initial Regulatory Flexibility Analysis (IRFA)

    An IRFA was prepared for this action, as required by section 603 of 
the Regulatory Flexibility Act (RFA). The IRFA for this proposed action 
describes the reasons why this action is being proposed; the objectives 
and legal basis for the proposed rule; the number of small entities to 
which the proposed rule would apply; any projected reporting, 
recordkeeping, or other compliance requirements of the proposed rule; 
any overlapping, duplicative, or conflicting Federal rules; and any 
significant alternatives to the proposed rule that would accomplish the 
stated objectives of the Magnuson-Stevens Act, and any other applicable 
statutes, and would minimize any significant adverse economic impacts 
of the proposed rule on small entities. Descriptions of the proposed 
action, its purpose, and the legal basis are contained earlier in this 
preamble and are not repeated here. A summary of the IRFA follows. A 
copy of the IRFA is available from NMFS (see ADDRESSES).
    Number and Description of Small Entities Regulated by the Proposed 
Action. The proposed action applies only to those entities that 
participate in the directed pollock trawl fishery in the BS. These 
entities include the AFA-affiliated pollock fleet and the six CDQ 
groups that receive allocations of BS pollock.

   Table 4--Summary of Small and Large Entities for Regulatory Flexibility Act Purposes and Number of Vessels,
                                       Inshore Processors, and CDQ Groups
----------------------------------------------------------------------------------------------------------------
                                                                     Directly
             Entity class                         Units            regulated by        Small         Non-small
                                                                      action
----------------------------------------------------------------------------------------------------------------
Catcher/processors....................  Vessels.................             Yes               0              16
Motherships...........................  Vessels.................             Yes               0               3
Catcher vessels.......................  Vessels.................             Yes               0              90
Inshore processors....................  Plants (including fixed              Yes               0               7
                                         floating platforms).
CDQ groups............................  Non-profit organizations             Yes               6               0
----------------------------------------------------------------------------------------------------------------

    The RFA requires a consideration of affiliations among entities for 
the purpose of assessing if an entity is small. The AFA pollock 
cooperatives are a type of affiliation. All of the non-CDQ entities 
directly regulated by the proposed action were members of AFA 
cooperatives in 2008 and, therefore, NMFS considers them ``affiliated'' 
large (non-small) entities for RFA purposes.
    Due to their status as non-profit corporations, the six CDQ groups 
are identified as ``small'' entities. This proposed action directly 
regulates the six CDQ groups and NMFS considers the CDQ groups to be 
small entities for RFA purposes. As described in regulations 
implementing the RFA (13 CFR 121.103) the CDQ groups' affiliations with 
other large entities do not define them as large entities. Revenue 
derived from groundfish allocations and investments in BSAI fisheries 
enable these non-profit corporations to better comply with the burdens 
of this action, when compared

[[Page 14035]]

to many of the large AFA-affiliated entities. Nevertheless, the only 
small entities that are directly regulated by this action are the six 
CDQ groups.
    Description of the CDQ Groups. The CDQ Program was designed to 
improve the social and economic conditions in western Alaska 
communities by facilitating their economic participation in the BSAI 
fisheries. In aggregate, CDQ groups share a 10 percent allocation of 
the BSAI pollock TAC. The CDQ Program also receives allocations of 
other groundfish TAC that range from 10.7 percent for Amendment 80 
species, to 7.5 percent for most other species; however, these 
allocated amounts are not affected by this action. These allocations, 
in turn, provide an opportunity for residents of these communities to 
participate in and benefit from the BSAI fisheries through their 
association with one of the CDQ groups. The 65 communities, with 
approximately 27,000 total residents, benefit from participation in the 
CDQ Program, but are not directly regulated by this action. The six 
non-profit corporations (CDQ groups), formed to manage and administer 
the CDQ allocations, investments, and economic development projects are 
the Aleutian Pribilof Island Community Development Association 
(APICDA), the Bristol Bay Economic Development Corporation (BBEDC), the 
Central Bering Sea Fishermen's Association (CBSFA), the Coastal 
Villages Region Fund (CVRF), the Norton Sound Economic Development 
Corporation (NSEDC), and the Yukon Delta Fisheries Development 
Association (YDFDA).
    The pollock fishery harvest provides millions of dollars in revenue 
to western Alaska CDQ communities through various channels, including 
the direct catch and sale or leasing of quota to various harvesting 
partners. The vessels harvesting CDQ pollock are the same vessels 
conducting AFA non-CDQ pollock harvesting. In addition to pollock 
allocations, CDQ groups have made significant investments in the at-sea 
pollock fleet. In 2007, the six CDQ groups held approximately $543 
million in assets and had invested more than $140 million in fishery-
related projects, including, but not limited to, the pollock industry. 
Complete descriptions of the CDQ groups, and the impacts of this 
action, are located in sections 2.5 and 6.10.3 of the RIR (see 
ADDRESSES).
    Duplicate, Overlapping, or Conflicting Federal Rules. No 
duplication, overlap, or conflict between this proposed action and 
existing federal rules has been identified.
    Description of Significant Alternatives that Minimize Adverse 
Impacts on Small Entities. The Council considered an extensive and 
elaborate series of alternatives, options, and suboptions as it 
designed and evaluated ways to minimize Chinook salmon bycatch in the 
BS pollock fishery. The EIS presents the five alternative management 
actions, including combinations of various alternatives and options 
that emerged from this vetting process: Alternative 1: Status quo (no 
action); Alternative 2: hard cap; Alternative 3: triggered closures; 
Alternative 4: hard caps with an intercooperative agreement; and 
Alternative 5: the preferred alternative of PSC limits with an 
incentive plan agreement and performance standard.
    As the preferred alternative, Alternative 5 constitutes the 
``proposed action''. The remaining four alternatives (in various 
combinations of options and suboptions) constitute the suite of 
significant alternatives, under the proposed action, for RFA purposes. 
Each is addressed below. For more detail, please refer to section 2.5 
of the EIS (see ADDRESSES) where the accompanying components are 
presented with the corresponding impact analyses. Data on cost and 
operating structure within the CDQ sector are unavailable, so a wholly 
quantitative evaluation of the size and distribution of burdens cannot 
be provided. The following is a summary of the contents of those more 
extensive analyses, specifically focusing on the aspects which pertain 
to small entities.
    Under the status quo alternative (Alternative 1), the Chinook 
Salmon Savings Areas creates separate non-CDQ and CDQ Chinook salmon 
PSC limits in the BS. The Chinook Salmon Savings Area triggered 
closures occur upon attainment of Chinook salmon PSC limits. The CDQ 
Program receives allocations of 7.5 percent of the Chinook salmon PSC 
limit (or 2,175 Chinook salmon), as prohibited species quota (PSQ) 
reserve. NMFS further allocates PSQ reserves among the six CDQ groups, 
based on a recommendation by the State of Alaska in 2005. The State of 
Alaska recommended that the percentage allocation of Chinook salmon PSC 
and non-Chinook salmon PSC among the CDQ groups be the same as the CDQ 
groups' percentage allocations of pollock. The percentage allocation of 
Chinook salmon PSC by CDQ group is as follows: APICDA (14 percent), 
BBEDC (21 percent), CBSFA (5 percent), CVRF (24 percent), NSEDC (22 
percent), and YDFDC (14 percent). Allocations of Salmon PSQ to the CDQ 
groups are made to the specific entities, but are transferable among 
entities within the CDQ Program. In 2008 and 2009, all CDQ groups were 
voluntarily participating in an ICA, so they were exempt from the 
closure of the Chinook Salmon Savings Area.
    Alternative 1 would likely impose the least burden on the CDQ 
groups, because it does not impose a Chinook salmon PSC limit that 
could prevent the full harvest of their respective pollock allocations. 
However, the Council found that the conservation objective that was the 
basis for approving Amendment 84 had not been achieved, and the Council 
remains concerned that the status quo management has the potential for 
high amounts of Chinook salmon bycatch as experienced in 2007.
    The hard cap alternative (Alternative 2) would establish an upper 
limit to Chinook salmon bycatch in the BS pollock fishery. A range of 
suboption caps, from 29,323 to 87,500 Chinook salmon, were considered, 
based on various averages of Chinook salmon bycatch in the BS pollock 
trawl fishery over a range of historical year combinations from 1997 
through 2006. All Chinook salmon caught by vessels participating in the 
directed pollock fishery would accrue toward the cap. Under this 
alternative, upon reaching a Chinook salmon PSC limit, all directed 
pollock fishing must stop, regardless of potential forgone pollock 
harvests.
    As described in the EIS section 2.2 (see ADDRESSES), this hard cap 
alternative includes several different options for management of a PSC 
limit, including separate PSC limits for the CDQ Program and the 
remaining AFA sectors and hard caps divided by season, by sector, or a 
combination of both. In addition, the Council included an option to 
allow small entities (i.e., CDQ groups) and non-CDQ groups to transfer 
Chinook PSC allocations among sectors, between the A and B seasons, or 
a combination of both, that would allow small entities more flexibility 
to harvest the full TAC in high Chinook salmon encounter years.
    Regardless of the hard cap level or allocation option chosen, the 
establishment of an upper limit on the amount of Chinook salmon bycatch 
in the BS pollock fishery, this prohibition would require participants 
in the CDQ Program to stop directed fishing for pollock, if a hard cap 
was reached, because further directed fishing for pollock would likely 
result in exceeding the Chinook salmon cap. As section 6.10 of the 
analysis in the RIR demonstrates (see ADDRESSES), the lower the hard 
cap selected, the higher the probability of a fishery closure, and the 
greater the potential for forgone pollock revenues.
    Although this alternative would have established an upper limit to 
Chinook salmon bycatch, the hard cap alternative

[[Page 14036]]

alone would fail to promote Chinook salmon avoidance during years of 
low salmon encounter rates and could result in a loss of revenues to 
CDQ groups, due to the closure of the fishery before the TAC has been 
harvested. Additionally, this alternative could create a race for 
Chinook salmon bycatch, similar to a race for fish in an open-access 
fishery, which could increase the likelihood of wasteful fishing 
practices, a truncated directed fishing season, forgone pollock 
harvest, and of not achieving optimum yield. This proposed rule 
includes components of Alternative 2 that would limit the burden on 
these smaller entities and further increases flexibility for small 
entities through an IPA to minimize Chinook bycatch at all levels of 
salmon or pollock abundance, while establishing an upper limit on 
Chinook salmon bycatch.
    During public comment, the Council received varying perspectives 
from CDQ participants on the costs and benefits of the range of PSC 
limits under consideration. NMFS received written comments from three 
of the six CDQ groups. While two CDQ groups (BBEDC and YDFDA) argued 
for a lower cap than this proposed rule provides, it was asserted by 
some, (including members of CVRF communities) that a hard cap higher 
than 68,000 Chinook salmon would increase the possibility that they 
could both harvest their full pollock allocation, under AFA, and 
receive full royalty and profit-sharing payments from those 
allocations. The importance of the pollock resource, as a source of 
revenue for these small entities, indicates that any loss of pollock 
catch represents an increased economic burden on the CDQ groups (small 
entities). Public comment from CDQ members revealed the complexity of 
the issue for CDQ groups and communities. Although CDQ communities 
derive revenue from pollock and other BSAI fisheries, many of these CDQ 
stakeholders also depend on sustainable Chinook salmon runs for 
subsistence, cultural, and spiritual practices; therefore, this issue 
is not strictly a matter of finances. The Council ultimately rejected 
Alternative 2 in recognition that a hard cap alone would not achieve 
the Council's objectives for this action.
    The modified area triggered closure alternative (Alternative 3) is 
similar to the status quo in that regulatory time and area closures 
would be invoked when specified Chinook salmon PSC limits are reached, 
although NMFS would remove the VRHS ICA exemptions to the closed areas. 
This alternative would incorporate new cap levels for triggered 
closures, sector allocations, and transfer provisions and could impose 
a lower burden on the CDQ groups than the preferred alternative. If 
triggered, NMFS would only close the seasonal areas to directed pollock 
fishing. This alternative would not necessarily prevent small entities 
from the full harvest of their pollock TAC, because fishing effort 
outside of the closed areas could continue until the fishing season 
ended.
    While Alternative 3 appears to reduce the economic impacts of 
forgone pollock revenue on small entities, when compared to the hard 
cap alternative, it does not provide any incentive to minimize Chinook 
salmon bycatch below the trigger amount. This alternative would not 
achieve the Council's objective for the proposed action because it 
shifts the fleets fishing effort to areas that may (or, as experienced 
in recent seasons, may not) have a lower risk of Chinook salmon 
encounters, but does not promote Chinook salmon avoidance at the vessel 
level, establish an upper limit to Chinook salmon bycatch in the BS 
pollock fishery, or hold the industry accountable for minimizing 
Chinook salmon bycatch. Therefore, the Council found that Alternative 3 
is inferior to the proposed action.
    At its June 2008 meeting, the Council developed a preliminary 
preferred alternative (Alternative 4) that contains components of 
Alternatives 1 through 3. Alternative 4 would set a PSC limit for all 
vessels participating in the BS pollock fisheries and includes 
provisions for a voluntary ICA that must encourage Chinook salmon 
avoidance, at all levels of pollock and Chinook salmon abundance and 
encounter rates. This alternative would minimize the burden on small 
entities by setting a relatively high PSC limit (68,392 Chinook 
salmon), allowing participants in an ICA to share the burden of 
reducing Chinook bycatch, and allowing PSC allocation transfers.
    PSC allocations under Alternative 4 would have limited the burden 
on the small entities by increasing their annual allocation of the 
Chinook salmon PSC limit. Under component 2 of this alternative, a 
sector's allocation of Chinook salmon bycatch would be calculated at 75 
percent historical bycatch and 25 percent AFA pollock quota, with 
allowances for the CDQ sector. Estimates of historic bycatch in the CDQ 
sector were based on lower bycatch hauls when compared to non-CDQ 
sectors, due in part to agreement with the catcher/processor fleet 
contracted to harvest pollock on behalf of the CDQ sector. These biased 
historical bycatch estimates would have resulted in a lower initial 
allocation of Chinook salmon to CDQ groups, potentially increasing 
forgone revenue loss for small entities. Therefore, component 2 
estimates the historic CDQ bycatch rates by blending CDQ bycatch rates 
with those of sectors harvesting pollock on behalf of the CDQ groups. 
The resulting higher PSC allocations would decrease the probability of 
forgone pollock revenue and the financial burden of this action on the 
CDQ groups. NMFS provides a further description of the sector 
allocation in section 2.4 of the EIS (see ADDRESSES).
    During public comment on the Draft EIS, a different sector 
allocation was proposed to Alternative 4 component 2. The suggested 
allocation would further reduce the burden on the small entities by 
allocating Chinook salmon based on 25 percent history and 75 percent 
AFA pollock allocation. Such an allocation would further benefit CDQ 
groups by increasing the Chinook salmon PSC allocations to the CDQ 
groups above the amount provided under component 2 of Alternative 4. 
The Council considered and rejected this suggestion because such an 
allocation would not adequately represent the different fishing 
practices and patterns each sector uses to fully harvest their pollock 
allocations.
    Despite the advantages of Alternative 4, the Council did not 
recommend this alternative, noting that it failed to meet the Chinook 
salmon conservation objective of this action, by setting too high of a 
PSC limit and by not establishing a performance standard to promote and 
ensure that the pollock fishery minimized Chinook salmon bycatch. 
However, the preferred alternative retained component 2 from 
Alternative 4, which is designed to reduce the economic burden on the 
CDQ groups.
    No additional alternatives were identified to those analyzed in the 
EIS, RIR, and IRFA that had the potential to further reduce the 
economic burden on small entities, while achieving the objectives of 
this action. The EIS contains a detailed discussion of alternatives 
considered and eliminated from further analysis (see ADDRESSES).
    This proposed rule includes performance, rather than design 
standards, to minimize Chinook salmon bycatch, while limiting the 
burden on CDQ groups. A system of transferable PSC allocations and a 
performance standard would allow CDQ groups to decide how best to 
comply with the requirements of this action, given the other 
constraints imposed on the pollock fishery (e.g., pollock TAC, market 
conditions, area closures associated with other rules, gear

[[Page 14037]]

restrictions, climate and oceanographic change).
    Recordkeeping and reporting requirements. In addition to revising 
some existing requirements, this rule would add recordkeeping and 
reporting requirements needed to implement the preferred alternative 
including those related to--
     Reporting Chinook salmon bycatch by vessels directed 
fishing for pollock in the BS;
     Applications to receive transferable Chinook salmon PSC 
allocations;
     Applications to transfer Chinook salmon PSC allocations to 
another eligible entity;
     Development and submission of proposed IPAs and amendments 
to approved IPAs; and
     An annual report from the participants in each IPA, 
documenting information and data relevant to the BS Chinook salmon 
bycatch management program.
    The CDQ groups enter contracts with partner vessels to harvest 
their pollock allocations. Many of these vessels are at least partially 
owned by the CDQ groups. Although the accounting of Chinook salmon 
bycatch by partner vessels fishing under CDQ allocations would accrue 
against each respective CDQ group's seasonal PSC limit, most of the 
recordkeeping, reporting, and compliance requirements necessary to 
implement the preferred alternative would apply to the vessels 
harvesting pollock, and to the processors processing pollock delivered 
by catcher vessels. For example, landings and production reports that 
include information about Chinook salmon bycatch are required to be 
submitted by processors, under existing requirements at Sec.  679.5.
    The CDQ groups already receive transferable Chinook and non-Chinook 
salmon PSC allocations and have received such allocations under the CDQ 
Program since 1999. Therefore, NMFS would not require CDQ groups to 
apply for recognition as entities eligible to receive transferable PSC 
allocations of Chinook salmon. The CDQ groups are already authorized to 
transfer their salmon PSC allocations to and from other CDQ groups, 
using existing transfer applications submitted to NMFS.
    New under this proposed action is the authorization for the CDQ 
groups to transfer Chinook salmon PSC allocations to and from AFA 
entities, outside of the CDQ Program, including the AFA inshore 
cooperatives and the entities representing the AFA catcher/processor 
sector and the AFA mothership sector. Because of this new feature, CDQ 
groups would use a new, different application to transfer Chinook PSC; 
all other transfers by CDQ groups would continue to be accomplished 
using the CDQ or PSQ Transfer Application. The existing application 
would be revised to provide this instruction.
    Participation in an IPA to reduce Chinook salmon bycatch is 
voluntary, but it is necessary to receive transferable allocations of a 
portion of the higher Chinook salmon PSC limit of 60,000. Therefore, it 
is likely that the CDQ groups would participate in an IPA. They may 
participate in an IPA together with members of the other AFA sectors or 
they may develop an IPA that applies only to vessels while they are 
fishing on behalf of a CDQ group. In either case, submission and 
approval of a proposed IPA is necessary. In addition, filing of an 
annual report by the participants of each IPA also would be necessary. 
If the CDQ groups participate in an IPA together with members of other 
sectors, the CDQ groups would share in the costs of developing the IPA. 
However, the time and cost involved in developing and submitting a 
proposed IPA, amendments to the IPA, and the annual report would be 
less per CDQ group than it would be if the CDQ groups developed an IPA 
that just applied to the CDQ groups.
    The professional skills necessary to prepare the reporting and 
recordkeeping requirements that would apply to the CDQ groups under 
this proposed rule include the ability to read, write, and understand 
English; the ability to use a computer and the Internet to submit 
electronic transfer request applications; and the authority to take 
actions on behalf of the CDQ group. Each of the six CDQ groups has 
executive and administrative staff capable of complying with the 
reporting and recordkeeping requirements of this proposed rule and the 
financial resources to contract for any additional legal or technical 
expertise that they require to advise them.

Tribal Summary Impact Statement (E.O. 13175)

    Executive Order 13175 of November 6, 2000 (25 U.S.C. 450 note), the 
Executive Memorandum of April 29, 1994 (25 U.S.C. 450 note), and the 
American Indian and Alaska Native Policy of the U.S. Department of 
Commerce (March 30, 1995) outline the responsibilities of NMFS in 
matters affecting tribal interests. Section 161 of Public Law No. 108-
199 (188 Stat. 452), as amended by section 518 of Public Law No. 109-
447 (118 Stat. 3267), extends the consultation requirements of 
Executive Order 13175 to Alaska Native corporations.
    NMFS is obligated to consult and coordinate with federally 
recognized tribal governments and Alaska Native Claims Settlement Act 
regional and village corporations on a government-to-government basis 
pursuant to Executive Order 13175 which establishes several 
requirements for NMFS, including: (1) Regular and meaningful 
consultation and collaboration with Indian tribal governments and 
Alaska Native corporations in the development of federal regulatory 
practices that significantly or uniquely affect their communities; (2) 
to reduce the imposition of unfunded mandates on Indian tribal 
governments; (3) and to streamline the applications process for and 
increase the availability of waivers to Indian tribal governments. This 
Executive Order requires federal agencies to have an effective process 
to involve and consult with representatives of Indian tribal 
governments in developing regulatory policies and prohibits regulations 
that impose substantial, direct compliance costs on Indian tribal 
communities.
    Section 5(b)(2)(B) of Executive Order 13175 requires NMFS to 
prepare a tribal summary impact statement as part of the final rule. 
This statement must contain (1) A description of the extent of the 
agency's prior consultation with tribal officials, (2) a summary of the 
nature of their concerns, (3) the agency's position supporting the need 
to issue the regulation, and (4) a statement of the extent to which the 
concerns of tribal officials have been met. If the Secretary of 
Commerce approves Amendment 91, a tribal impact summary statement that 
summarizes and responds to issues raised in all tribal consultations on 
the proposed action and describes the extent to which the concerns of 
tribal officials have been met will be included in the final rule for 
Amendment 91.
    To start the consultation process for this action, NMFS mailed 
letters to Alaska tribal governments, Alaska Native corporations, and 
related organizations (``Alaska Native representatives'') on December 
28, 2007, when NMFS started the EIS scoping process. The letter 
provided information about the proposed action, the EIS process, and 
solicited consultation and coordination with Alaska Native 
representatives. NMFS received 12 letters providing scoping comments 
from representatives of tribal governments and Alaska Native 
Corporations, which were summarized and included in the scoping report 
that can be found on the NMFS Alaska Region Web site (see ADDRESSES).

[[Page 14038]]

Additionally, a number of tribal representatives and tribal 
organizations provided written public comments and oral public 
testimony to the Council during Council outreach meetings on Amendment 
91 and at the numerous Council meetings at which Amendment 91 was 
discussed.
    Once the Draft EIS was released on December 5, 2008, NMFS sent 
another letter to Alaska Native representatives to announce the release 
of the document and to solicit comments concerning the scope and 
content of the Draft EIS. The letter included a copy of the executive 
summary and provided information on how to obtain a printed or 
electronic copy of the Draft EIS. NMFS also mailed 23 copies of the 
Draft EIS to the Alaska Native representatives who had requested a copy 
or provided written comments to NMFS during scoping. NMFS received 14 
letters of comment on the Draft EIS from representatives of tribal 
governments, tribal organizations, or Alaska Native corporations. These 
comments are summarized and responded to in the Comment Analysis Report 
(CAR) in Chapter 9 of the EIS and the comment letters are posted on the 
NMFS Alaska Region Web site (see ADDRESSES).
    NMFS received requests for tribal consultation on Amendment 91 from 
representatives of the following eight Federally recognized tribes: the 
Nome Eskimo Community, Chinik Eskimo Community (representing the 
village of Golovin), the Stebbins Community Association, the Native 
Village of Unalakleet, the Native Village of Kwigillingok, the Native 
Village of Kipnuk, the Alakanuk Tribal Council, and the Emmonak Tribal 
Council. The Alaska tribal representatives' concerns raised during 
these consultations were summarized and responded to in the EIS (see 
ADDRESSES).
    NMFS held a tribal consultation in Nome, AK, on January 22, 2009, 
in conjunction with a Council outreach meeting on Chinook salmon 
bycatch. Consulting in person with NMFS in Nome were representatives of 
the Nome Eskimo Community, the Chinik Eskimo Community, and the Native 
Village of Elim. Consulting by telephone were representatives of the 
Stebbins Community Association and the Native Village of Unalakleet. 
Council staff provided information on the Draft EIS, the alternatives, 
and the schedule for Council action. As part of the consultation, NMFS 
staff provided additional information and then listened to the concerns 
and issues raised by the tribal representatives. The Nome Eskimo 
Community submitted a letter to NMFS with its comments on the Draft EIS 
during the tribal consultation.
    NMFS also held a tribal consultation teleconference on March 17, 
2009, with the Native Village of Kwigillingok and the Bering Sea Elders 
Advisory Group. The Regional Administrator provided information about 
the upcoming final action by the Council and the Draft EIS comment 
period. On October 19, 2009, NMFS held a tribal consultation via 
teleconference with the Alakanuk Tribal Council and the Native Village 
of Kipnuk. The Regional Administrator provided information on the 
Chinook and chum salmon bycatch in the Bering Sea in 2009 and listened 
to the concerns and issues raised by the tribal representatives. NMFS 
is continuing to engage the Emmonak Tribal Council and anticipates a 
consultation early in 2010.
    Following the releases of the final EIS and RIR on December 7, 
2009, NMFS sent another letter to Alaska Native representatives to 
announce the release of the EIS and provide information on 
participating in the rulemaking process. The letter included a copy of 
the EIS and RIR executive summary and provided information on how to 
obtain a printed or electronic copy of the EIS and RIR. NMFS also 
mailed 28 copies of the EIS and RIR to the Alaska Native 
representatives who requested a copy or who had provided written 
comments to NMFS on the EIS.
    NMFS will continue the consultation process by sending another 
letter to all Alaska Native representatives when the NOA for Amendment 
91 and this proposed rule are published in the Federal Register 
notifying them of the opportunity to comment.

Collection-of-Information Requirements

    This proposed rule contains collection-of-information requirements 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). These requirements have been submitted to OMB for approval. The 
collections are listed below by OMB control number.

OMB Control No. NEW

    Public reporting burden per response is estimated to average 40 
hours for AFA Catch Monitoring and Control Plan (CMCP); 5 minutes for 
Inspection Request for Inshore CMCP; 8 hours for CMCP Addendum; 1 hour 
for Electronic Monitoring System; 2 hours for Inspection Request for 
Electronic Monitoring System.

OMB Control No. NEW

    Public reporting burden per response is estimated to average 30 
minutes for CDQ Groundfish or Non-Chinook PSQ Transfer Request; and 30 
minutes for CDQ Chinook Salmon PSQ Transfer Request.

OMB Control No. 0393

    Public reporting burden per response is estimated to average 8 
hours for Application for Approval As An Entity to Receive Transferable 
Chinook Salmon PSC Allocation and 15 minutes for Application for 
Transfer of Chinook Salmon PSC Allocations.

OMB Control No. NEW

    Public reporting burden per response is estimated to average 40 
hours for Application for Proposed (Chinook) Incentive Plan Agreement 
(IPA), 8 hours for (Chinook) IPA annual report, 40 hours for initial 
(non-Chinook) Inter-Cooperative Agreement (ICA), 8 hours for (non-
Chinook) ICA annual report, 12 hours annual AFA cooperative report, 5 
minutes for IPA agent of service (this item will be removed because it 
is part of the ICA), 5 minutes for ICA agent of service (this item will 
be removed because it is part of the IPA).

OMB Control No. 0515

    Public reporting burden per response is estimated to average 30 
minutes for eLandings Catcher/Processor Trawl Gear Electronic Logbook 
and 31 minutes for eLandings Mothership Electronic Logbook.
    Public reporting burden includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to (NMFS 
Alaska Region) at the ADDRESSES above, and e-mail to [email protected], or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless

[[Page 14039]]

that collection of information displays a currently valid OMB Control 
Number.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: March 15, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for 50 CFR part 679 continues to read as 
follows:

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

    2. In Sec.  679.2,
    A. Remove the definitions for ``Bycatch rate'', ``Chinook Salmon 
Savings Area of the BSAI'', ``Fishing month'', ``Observed or observed 
data'', and ``Salmon bycatch reduction intercooperative agreement 
(ICA)'';
    B. In the definition for ``Fishing trip'' revise paragraph (1) 
introductory text, paragraph (1)(i) introductory text, and paragraph 
1(ii), and add new paragraph (6);
    C. Add new definitions for ``Agent for service of process'', 
``Chinook salmon bycatch incentive plan agreement (IPA)'', ``Non-
Chinook salmon bycatch reduction intercooperative agreement (ICA)'', 
and ``Observed''.
    The addition and revisions read as follows:


Sec.  679.2  Definitions.

* * * * *
    Agent for service of process means, for purposes of Sec.  
679.21(f), a person appointed by the members of an AFA inshore 
cooperative, a CDQ group, or an entity representing the AFA catcher/
processor sector or the AFA mothership sector, who is authorized to 
receive and respond to any legal process issued in the United States 
with respect to all owners and operators of vessels that are members of 
the inshore cooperative, the entity representing the catcher/processor 
sector, the entity representing the mothership sector, or the entity 
representing the cooperative or a CDQ group and owners of all vessels 
directed fishing for pollock CDQ on behalf of that CDQ group.
* * * * *
    Chinook salmon bycatch incentive plan agreement (IPA) is a 
voluntary private contract, approved by NMFS under Sec.  679.21(f)(12), 
that establishes incentives for participants to avoid Chinook salmon 
bycatch while directed fishing for pollock in the Bering Sea subarea.
* * * * *
    Fishing trip means:
    (1) Retention requirements (MRA, IR/IU, and pollock roe stripping) 
and R&R requirements under Sec.  679.5.
    (i) Catcher/processors and motherships. An operator of a catcher/
processor or mothership processor vessel is engaged in a fishing trip 
from the time the harvesting, receiving, or processing of groundfish is 
begun or resumed in an area until any of the following events occur:
* * * * *
    (ii) Catcher vessels. An operator of a catcher vessel is engaged in 
a fishing trip from the time the harvesting of groundfish is begun 
until the offload or transfer of all fish or fish product from that 
vessel.
* * * * *
    (6) For purposes of Sec.  679.7(d)(9) for CDQ groups and Sec.  
679.7(k)(8)(ii) for AFA entities, the period beginning when a vessel 
operator commences harvesting any pollock that will accrue against a 
directed fishing allowance for pollock in the BS or against a pollock 
CDQ allocation harvested in the BS and ending when the vessel operator 
offloads or transfers any processed or unprocessed pollock from that 
vessel.
* * * * *
    Non-Chinook salmon bycatch reduction intercooperative agreement 
(ICA) is a voluntary non-Chinook salmon bycatch avoidance agreement, as 
described at Sec.  679.21(g) and approved by NMFS, for directed pollock 
fisheries in the Bering Sea subarea.
* * * * *
    Observed means observed by one or more observers (see subpart E of 
this part).
* * * * *
    3. In Sec.  679.5,
    A. Revise paragraphs (e)(10)(iii)(M), (f)(1)(iv), (f)(7) 
introductory text, and paragraph (f)(7)(i); and
    B. Add paragraph (f)(1)(vii).
    The revisions and additions read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (e) * * *
    (10) * * *
    (iii) * * *
    (M) PSC numbers--(1) Non-AFA catcher/processors and all 
motherships. Daily number of PSC animals (Pacific salmon, steelhead 
trout, Pacific halibut, king crabs, and Tanner crabs) by species codes 
and discard and disposition codes.
    (2) AFA and CDQ catcher/processors. The operator of an AFA catcher/
processor or any catcher/processor harvesting pollock CDQ must enter 
daily the number of non-salmon PSC animals (Pacific halibut, king 
crabs, and Tanner crabs) by species codes and discard and disposition 
codes. Salmon PSC animals are entered into the electronic logbook as 
described in paragraphs (f)(1)(iv) and (v) of this section.
* * * * *
    (f) * * *
    (1) * * *
    (iv) Catcher/processor trawl gear ELB. Except as described in 
paragraph (f)(1)(vii) of this section, the operator of a catcher/
processor using trawl gear may use a combination of a NMFS-approved 
catcher/processor trawl gear ELB and eLandings to record and report 
groundfish information. In the ELB, the operator may enter daily 
processor identification information and catch-by-haul information. In 
eLandings, the operator must enter daily processor identification, 
groundfish production data, and groundfish and prohibited species 
discard or disposition data.
* * * * *
    (vii) AFA and CDQ trawl catcher/processors. The operator of an AFA 
catcher/processor or any catcher/processor harvesting pollock CDQ must 
use a combination of NMFS-approved catcher/processor trawl gear ELB and 
eLandings to record and report groundfish and PSC information. In the 
ELB, the operator must enter processor identification information, 
catch-by-haul information, and prohibited species discard or 
disposition data for all salmon species in each haul. In eLandings, the 
operator must enter daily processor identification, groundfish 
production data, and groundfish and daily prohibited species discard or 
disposition data for all prohibited species except salmon.
* * * * *
    (7) ELB data submission. The operator must transmit ELB data to 
NMFS at the specified e-mail address in the following manner:
    (i) Catcher/processor. Directly to NMFS as an e-mail attachment or 
other NMFS-approved data transmission mechanism, by midnight each day 
to record the previous day's hauls.
* * * * *
    4. In Sec.  679.7,
    A. Remove and reserve paragraph (c)(1);

[[Page 14040]]

    B. Remove paragraphs (d)(6) and (d)(9) through (d)(23);
    C. Redesignate paragraph (d)(24) as (d)(6) and paragraph (d)(25) as 
(d)(9);
    D. Revise paragraphs (d)(7), (d)(8);
    E. Revise paragraph (k)(3)(vi); and
    F. Add paragraph (k)(8).
    The additions and revisions read as follows:


Sec.  679.7  Prohibitions

* * * * *
    (c) * * *
    (1) [Reserved]
* * * * *
    (d) * * *
    (7) Catch Accounting--(i) General--(A) For the operator of a 
catcher/processor using trawl gear or a mothership, to harvest or take 
deliveries of CDQ or PSQ species without a valid scale inspection 
report signed by an authorized scale inspector under Sec.  679.28(b)(2) 
on board the vessel.
    (B) For the operator of a vessel required to have an observer 
sampling station described at Sec.  679.28(d), to harvest or take 
deliveries of CDQ or PSQ species without a valid observer sampling 
station inspection report issued by NMFS under Sec.  679.28(d)(8) on 
board the vessel.
    (C) For the manager of a shoreside processor or stationary floating 
processor, or the manager or operator of a buying station that is 
required elsewhere in this part to weigh catch on a scale approved by 
the State of Alaska under Sec.  679.28(c), to fail to weigh catch on a 
scale that meets the requirements of Sec.  679.28(c).
    (D) For the operator of a catcher/processor or a catcher vessel 
required to carry a level 2 observer, to combine catch from two or more 
CDQ groups in the same haul or set.
    (E) For the operator of a catcher vessel using trawl gear or any 
vessel less than 60 ft (18.3 m) LOA that is groundfish CDQ fishing as 
defined at Sec.  679.2, to discard any groundfish CDQ species or salmon 
PSQ before it is delivered to a processor unless discard of the 
groundfish CDQ is required under other provisions or, in waters within 
the State of Alaska, discard is required by laws of the State of 
Alaska.
    (F) For the operator of a vessel using trawl gear, to release CDQ 
catch from the codend before it is brought on board the vessel and 
weighed on a scale approved by NMFS under Sec.  679.28(b) or delivered 
to a processor. This includes, but is not limited to, ``codend 
dumping'' and ``codend bleeding.''
    (G) For the operator of a catcher/processor using trawl gear or a 
mothership, to sort, process, or discard CDQ or PSQ species before the 
total catch is weighed on a scale that meets the requirements of Sec.  
679.28(b), including the daily test requirements described at Sec.  
679.28(b)(3).
    (H) For a CDQ representative, to use methods other than those 
approved by NMFS to determine the catch of CDQ and PSQ reported to NMFS 
on the CDQ catch report.
    (ii) Fixed gear sablefish--(A) For a CDQ group, to report catch of 
sablefish CDQ for accrual against the fixed gear sablefish CDQ reserve 
if that sablefish CDQ was caught with fishing gear other than fixed 
gear.
    (B) For any person on a vessel using fixed gear that is fishing for 
a CDQ group with an allocation of fixed gear sablefish CDQ, to discard 
sablefish harvested with fixed gear unless retention of sablefish is 
not authorized under Sec.  679.23(e)(4)(ii) or, in waters within the 
State of Alaska, discard is required by laws of the State of Alaska.
    (8) Prohibited species catch--(i) Crab--(A) Zone 1. For the 
operator of an eligible vessel, to use trawl gear to harvest groundfish 
CDQ in Zone 1 after the CDQ group's red king crab PSQ or C. bairdi 
Tanner crab PSQ in Zone 1 is attained.
    (B) Zone 2. For the operator of an eligible vessel, to use trawl 
gear to harvest groundfish CDQ in Zone 2 after the CDQ group's PSQ for 
C. bairdi Tanner crab in Zone 2 is attained.
    (C) COBLZ. For the operator of an eligible vessel, to use trawl 
gear to harvest groundfish CDQ in the C. opilio Bycatch Limitation Zone 
after the CDQ group's PSQ for C. opilio Tanner crab is attained.
    (ii) Salmon--(A) Discard of salmon. For any person, to discard 
salmon from a catcher vessel, catcher/processor, mothership, shoreside 
processor, or SFP or transfer or process any salmon under the PSD 
Program at Sec.  679.26, if the salmon were taken incidental to a 
directed fishery for pollock CDQ in the Bering Sea, until the number of 
salmon has been determined by an observer and the collection of 
scientific data or biological samples from the salmon has been 
completed.
    (B) Non-Chinook salmon. For the operator of an eligible vessel, to 
use trawl gear to harvest pollock CDQ in the Chum Salmon Savings Area 
between September 1 and October 14 after the CDQ group's non-Chinook 
salmon PSQ is attained, unless the vessel is participating in a non-
Chinook salmon bycatch reduction ICA under Sec.  679.21(g).
    (C) Chinook salmon--(1) Overages of Chinook salmon PSC allocations. 
For a CDQ group, to exceed a Chinook salmon PSC allocation issued under 
Sec.  679.21(f) as of June 25 for the A season allocation and as of 
December 1 for the B season allocation.
    (2) For the operator of a catcher vessel or catcher/processor, to 
start a new fishing trip for pollock CDQ in the BS in the A season or 
in the B season, if the CDQ group for which the vessel is fishing has 
exceeded its Chinook salmon PSC allocation issued under Sec.  679.21(f) 
for that season.
    (3) For the operator of a catcher/processor or mothership, to catch 
or process pollock CDQ in the BS without complying with the applicable 
requirements of Sec.  679.28(j).
    (4) For the operator of a catcher/processor or a mothership, to 
begin sorting catch from a haul from a directed fishery for pollock CDQ 
in the BS, until the observer has completed counting the salmon and 
collecting scientific data or biological samples from the previous 
haul.
    (5) For the operator of a catcher vessel, to deliver pollock CDQ to 
a shoreside processor or stationary floating processor that does not 
have a catch monitoring and control plan approved under Sec.  
679.28(g).
    (6) For the operator of a catcher vessel, to start a new fishing 
trip for pollock CDQ in the BS if the observer assigned to the catcher 
vessel for the next fishing trip has not completed counting the salmon 
and collecting scientific data or biological samples from the previous 
delivery by that vessel.
* * * * *
    (k) * * *
    (3) * * *
    (vi) Catch monitoring and control plan (CMCP)--(A) Take deliveries 
or process groundfish delivered by a vessel engaged in directed fishing 
for BSAI pollock without following an approved CMCP as described at 
Sec.  679.28(g). A copy of the CMCP must be maintained on the premises 
and made available to authorized officers or NMFS-authorized personnel 
upon request.
    (B) Allow sorting of fish at any location in the processing plant 
other than those identified in the CMCP under Sec.  678.28(g)(7).
    (C) Allow salmon of any species to pass beyond the last point where 
sorting of fish occurs, as identified in the scale drawing of the 
processing plant in the approved CMCP.
* * * * *
    (8) Salmon bycatch--(i) Discard of salmon. For any person, to 
discard any salmon from a catcher vessel, catcher/processor, 
mothership, or inshore processor or transfer or process any salmon 
under the PSD Program at

[[Page 14041]]

Sec.  679.26, if the salmon were taken incidental to a directed fishery 
for pollock in the BS, until the number of salmon has been determined 
by an observer and the collection of scientific data or biological 
samples from the salmon has been completed.
    (ii) Catcher/processors and motherships. For the operator of a 
catcher/processor or a mothership, to begin sorting catch from a haul 
from a directed fishery for pollock in the BS, until the observer has 
completed counting the salmon and collecting scientific data or 
biological samples from the previous haul.
    (iii) Catcher vessels delivering to inshore processors. For the 
operator of a catcher vessel, to start a new fishing trip for pollock 
in the BS if the observer assigned to the catcher vessel for the next 
fishing trip has not completed counting the salmon and collecting 
scientific data or biological samples from the previous delivery by 
that vessel.
    (iv) Overages of Chinook salmon PSC allocations--(A) For an inshore 
cooperative, the entity representing the AFA catcher/processor sector, 
or the entity representing the AFA mothership sector, to exceed a 
Chinook salmon PSC allocation issued under Sec.  679.21(f) as of June 
25 for the A season allocation and as of December 1 for the B season 
allocation.
    (B) For a catcher vessel or catcher/processor, to start a fishing 
trip for pollock in the BS in the A season or in the B season if the 
vessel is fishing under a transferable Chinook salmon PSC allocation 
issued to an inshore cooperative, the entity representing the AFA 
catcher/processor sector, or the entity representing the AFA mothership 
sector under Sec.  679.21(f) and the inshore cooperative or entity has 
exceeded its Chinook salmon PSC allocation for that season.
* * * * *
    5. In Sec.  679.21,
    A. Remove and reserve paragraph (a);
    B. Add paragraphs (b)(6) and (f); and
    C. Revise paragraphs (b)(2)(ii), (b)(3), (c), (e)(1)(vi), 
(e)(3)(i)(A)(3)(i), (e)(7)(viii), (e)(7)(ix), and (g).
    The revisions and additions read as follows:


Sec.  679.21  Prohibited Species Bycatch Management

    (a) [Reserved]
    (b) * * *
    (2) * * *
    (ii) After allowing for sampling by an observer, if an observer is 
aboard, sort its catch immediately after retrieval of the gear and, 
except for salmon prohibited species catch in the BS pollock fisheries 
under paragraph (c) of this section and Sec.  679.26, return all 
prohibited species, or parts thereof, to the sea immediately, with a 
minimum of injury, regardless of its condition.
    (3) Rebuttable presumption. Except as provided under paragraph (c) 
of this section and Sec.  679.26, there will be a rebuttable 
presumption that any prohibited species retained on board a fishing 
vessel regulated under this part was caught and retained in violation 
of this section.
* * * * *
    (6) Addresses. Unless otherwise specified, submit information 
required under this section to NMFS as follows: by mail to the Regional 
Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802; by courier to 
the Office of the Regional Administrator, 709 West 9th St., Juneau, AK 
99801; or by fax to 907-586-7465. Forms are available on the NMFS 
Alaska Region Web site (http://alaskafisheries.noaa.gov/).
    (c) Salmon taken in the BS pollock fisheries. Regulations in this 
paragraph apply to vessels directed fishing for pollock in the BS, 
including pollock CDQ, and processors taking deliveries from these 
vessels.
    (1) Salmon discard. The operator of a vessel and the manager of a 
shoreside processor or SFP must not discard any salmon or transfer or 
process any salmon under the PSD Program at Sec.  679.26, if the salmon 
were taken incidental to a directed fishery for pollock in the BS, 
until the number of salmon has been determined by the observer and the 
observer's collection of any scientific data or biological samples from 
the salmon has been completed.
    (2) Salmon retention and storage--(i) Operators of catcher/
processors or motherships must:
    (A) Sort and transport all salmon bycatch from each haul to an 
approved storage location adjacent to the observer sampling station 
that allows an observer free and unobstructed access to the salmon (see 
Sec.  679.28(d)(2)(i) and (d)(7)). The salmon storage location must 
remain in view of the observer from the observer sampling station at 
all times during the sorting of the haul.
    (B) If, at any point during sorting of the haul or delivery for 
salmon, the salmon are too numerous to be contained in the salmon 
storage location, all sorting must cease and the observer must be given 
the opportunity to count the salmon in the storage location and collect 
scientific data or biological samples. Once the observer has completed 
all counting and sampling duties for the counted salmon, the salmon 
must be removed by vessel personnel from the approved storage location, 
in the presence of the observer.
    (C) Before sorting of the next haul may begin, the observer must be 
given the opportunity to complete the count of salmon and the 
collection of scientific data or biological samples from the previous 
haul.
    (D) Ensure no salmon of any species pass the observer sample 
collection point, as identified in the scale drawing of the observer 
sample station.
    (ii) Operators of vessels delivering to shoreside processors or 
stationary floating processors must:
    (A) Store in a refrigerated saltwater tank all salmon taken as 
bycatch in trawl operations.
    (B) Deliver all salmon to the processor receiving the vessel's BS 
pollock catch.
    (C) Before the vessel can begin a new fishing trip, the observer 
assigned to that vessel for the next fishing trip must be given the 
opportunity to complete the count of salmon and the collection of 
scientific data or biological samples from the previous delivery.
    (iii) Shoreside processors or stationary floating processors must:
    (A) Comply with the requirements in Sec.  679.28(g)(7)(vii) for the 
receipt, sorting, and storage of salmon from deliveries of catch from 
the BS pollock fishery.
    (B) Ensure no salmon of any species pass beyond the last point 
where sorting of fish occurs, as identified in the scale drawing of the 
plant in the CMCP.
    (C) Sort and transport all salmon of any species to the observation 
area by plant personnel and the salmon must remain in that observation 
area and within the view of the observer at all times during the 
offload.
    (D) If, at any point during the offload, salmon are too numerous to 
be contained in the observation area, the offload and all sorting must 
cease and the observer must be given the opportunity to count the 
salmon in the observation area and collect scientific data or 
biological samples. The counted salmon then must be removed from the 
area by plant personnel in the presence of the observer.
    (E) At the completion of the offload, the observer must be given 
the opportunity to count the salmon in the observation area and collect 
scientific data or biological samples.
    (3) Assignment of crew to assist observer. Operators of vessels and 
managers of shoreside processors and SFPs that are required to retain 
salmon under paragraph (c)(1) of this section must designate and 
identify to the observer aboard the vessel, or at the shoreside 
processor or SFP, a crew person or employee responsible for

[[Page 14042]]

ensuring all sorting, retention, and storage of salmon occurs according 
to the requirements of (c)(2) of this section.
    (4) Discard of salmon. Except for salmon under the PSD Program at 
Sec.  679.26, all salmon must be returned to the sea as soon as is 
practicable, following notification by an observer that the number of 
salmon has been determined and the collection of scientific data or 
biological samples has been completed.
* * * * *
    (e) * * *
    (1) * * *
    (vi) BS Chinook salmon. See paragraph (f) of this section.
* * * * *
    (3) * * *
    (i) * * *
    (A) * * *
    (3) * * *
    (i) Chinook salmon. See paragraph (f) of this section for BS 
Chinook salmon or paragraph (e)(1)(viii) of this section for AI Chinook 
salmon.
* * * * *
    (7) * * *
    (viii) AI Chinook salmon. If, during the fishing year, the Regional 
Administrator determines that catch of Chinook salmon, by vessels using 
trawl gear while directed fishing for pollock in the AI, will reach the 
annual limit of 700 Chinook salmon, as identified in paragraph 
(e)(1)(viii) of this section, NMFS, by notification in the Federal 
Register will close the AI Chinook Salmon Savings Area, as defined in 
Figure 8 to this part, to directed fishing for pollock with trawl gear 
on the following dates:
    (A) From the effective date of the closure until April 15, and from 
September 1 through December 31, if the Regional Administrator 
determines that the annual limit of AI Chinook salmon will be attained 
before April 15.
    (B) From September 1 through December 31, if the Regional 
Administrator determines that the annual limit of AI Chinook salmon 
will be attained after April 15.
    (ix) Exemptions. Trawl vessels participating in directed fishing 
for pollock and operating under a non-Chinook salmon bycatch reduction 
ICA approved by NMFS under paragraph (g) of this section are exempt 
from closures in the Chum Salmon Savings Area described at paragraph 
(e)(7)(vii) of this section. See also Sec.  679.22(a)(10) and Figure 9 
to part 679.
* * * * *
    (f) BS Chinook Salmon Bycatch Management--(1) Applicability. This 
paragraph contains regulations governing the bycatch of Chinook salmon 
in the BS pollock fishery.
    (2) BS Chinook salmon prohibited species catch (PSC) limit. Each 
year, NMFS will allocate to AFA sectors, listed in paragraph (f)(3)(ii) 
of this section, a portion of either the 47,591 Chinook salmon PSC 
limit or the 60,000 Chinook salmon PSC limit.
    (i) An AFA sector will receive a portion of the 47,591 Chinook 
salmon PSC limit if:
    (A) No Chinook salmon bycatch incentive plan agreement (IPA) is 
approved by NMFS under paragraph (f)(12) of this section; or
    (B) That AFA sector has exceeded its performance standard under 
paragraph (f)(6) of this section.
    (ii) An AFA sector will receive a portion of the 60,000 Chinook 
salmon PSC limit if:
    (A) At least one IPA is approved by NMFS under paragraph (f)(12) of 
this section; and
    (B) That AFA sector has not exceeded its performance standard under 
paragraph (f)(6) of this section.
    (3) Allocations of the BS Chinook salmon PSC limits--(i) Seasonal 
apportionment. NMFS will apportion the BS Chinook salmon PSC limits 
annually 70 percent to the A season and 30 percent to the B season, 
which are described in Sec.  679.23(e)(2)(i) and (ii).
    (ii) AFA sectors. Each year, NMFS will make allocations of the 
applicable BS Chinook salmon PSC limit to the following four AFA 
sectors:

------------------------------------------------------------------------
         AFA sector:                   Eligible participants are:
------------------------------------------------------------------------
(A) Catcher/processor (C/P)..  AFA catcher/processors and AFA catcher
                                vessels delivering to AFA catcher/
                                processors, all of which are permitted
                                under Sec.   679.4(l)(2) and Sec.
                                679.4(l)(3)(i)(A), respectively.
(B) Mothership...............  AFA catcher vessels harvesting pollock
                                for processing by AFA motherships, all
                                of which are permitted under Sec.
                                679.4(l)(3)(i)(B) and Sec.
                                679.4(l)(4), respectively.
(C) Inshore..................  AFA catcher vessels harvesting pollock
                                for processing by AFA inshore
                                processors, all of which are permitted
                                under Sec.   679.4(l)(3)(i)(C).
(D) CDQ Program..............  The six CDQ groups authorized under
                                section 305(i)(1)(D) of the Magnuson-
                                Stevens Act to participate in the CDQ
                                Program.
------------------------------------------------------------------------

     (iii) Allocations to each AFA sector. NMFS will allocate the BS 
Chinook salmon PSC limits to each AFA sector as follows:
    (A) If a sector is managed under the 60,000 Chinook salmon PSC 
limit, the maximum amount of Chinook salmon PSC allocated to each 
sector in each season and annually is:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     A season                        B season                      Annual total
                                                         -----------------------------------------------------------------------------------------------
                       AFA sector                                           of                     of                     of
                                                           % Allocation       Chinook      % Allocation       Chinook      % Allocation       Chinook
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) C/P.................................................            32.9          13,818            17.9           3,222            28.4          17,040
(2) Mothership..........................................             8.0           3,360             7.3           1,314             7.8           4,674
(3) Inshore.............................................            49.8          20,916            69.3          12,474            55.6          33,390
(4) CDQ Program.........................................             9.3           3,906             5.5             990             8.2           4,896
--------------------------------------------------------------------------------------------------------------------------------------------------------

     (B) If the sector is managed under the 47,591 Chinook salmon PSC 
limit, the sector will be allocated the following amount of Chinook 
salmon PSC in each season and annually:

[[Page 14043]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     A season                        B season                      Annual total
                                                         -----------------------------------------------------------------------------------------------
                       AFA sector                                           of                     of                     of
                                                           % Allocation       Chinook      % Allocation       Chinook      % Allocation       Chinook
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) C/P.................................................            32.9          10,960            17.9           2,556            28.4          13,516
(2) Mothership..........................................             8.0           2,665             7.3           1,042             7.8           3,707
(3) Inshore.............................................            49.8          16,591            69.3           9,894            55.6          26,485
(4) CDQ Program.........................................             9.3           3,098             5.5             785             8.2           3,883
--------------------------------------------------------------------------------------------------------------------------------------------------------

     (iv) Allocations to the AFA catcher/processor and mothership 
sectors--(A) NMFS will issue transferable Chinook salmon PSC 
allocations under paragraph (f)(3)(iii)(A) or (B) of this section to 
entities representing the AFA catcher/processor sector and the AFA 
mothership sector if these sectors meet the requirements of paragraph 
(f)(8) of this section.
    (B) If no entity is approved by NMFS to represent the AFA catcher/
processor sector or the AFA mothership sector, then NMFS will manage 
that sector under a non-transferable Chinook salmon PSC allocation 
under paragraph (f)(10) of this section.
    (v) Allocations to inshore cooperatives and the AFA inshore open 
access fishery. NMFS will further allocate the inshore sector's Chinook 
salmon PSC allocation under paragraph (f)(3)(iii)(A)(3) or (B)(3) of 
this section among the inshore cooperatives and the inshore open access 
fishery based on the percentage allocations of pollock to each inshore 
cooperative under Sec.  679.62(a). NMFS will issue transferable Chinook 
salmon PSC allocations to inshore cooperatives. Any Chinook salmon PSC 
allocated to the inshore open access fishery will be as a non-
transferable allocation managed by NMFS under the requirements of 
paragraph (f)(10) of this section.
    (vi) Allocations to the CDQ Program. NMFS will further allocate the 
Chinook salmon PSC allocation to the CDQ Program under paragraph 
(f)(3)(iii)(A)(4) or (B)(4) of this section among the six CDQ groups 
based on each CDQ group's percentage of the CDQ Program pollock 
allocation in Column B of Table 47d to this part. NMFS will issue 
transferable Chinook salmon PSC allocations to CDQ groups.
    (vii) Accrual of Chinook salmon bycatch to specific PSC 
allocations.

------------------------------------------------------------------------
                                             Then all Chinook salmon
 If a Chinook salmon PSC allocation is:              bycatch:
------------------------------------------------------------------------
(A) A transferable allocation to a       by any vessel fishing under a
 sector-level entity, inshore             transferable allocation will
 cooperative, or CDQ group under          accrue against the allocation
 paragraph (f)(8) of this section.        to the entity representing
                                          that vessel.
(B) A non-transferable allocation to a   by any vessel fishing under a
 sector or the inshore open access        non-transferable allocation
 fishery under paragraph (f)(10) of       will accrue against the
 this section.                            allocation established for the
                                          sector or inshore open access
                                          fishery, whichever is
                                          applicable.
(C) The opt-out allocation under         by any vessel fishing under the
 paragraph (f)(5) of this section.        opt-out allocation will accrue
                                          against the opt-out
                                          allocation.
------------------------------------------------------------------------

     (viii) Public release of Chinook salmon PSC information. For each 
year, NMFS will release to the public and publish on the NMFS Alaska 
Region website (http://alaskafisheries.noaa.gov/):
    (A) The Chinook salmon PSC allocations for each entity receiving a 
transferable allocation;
    (B) The non-transferable Chinook salmon PSC allocations;
    (C) The vessels fishing under each transferable or non-transferable 
allocation;
    (D) The amount of Chinook salmon bycatch that accrues towards each 
transferable or non-transferable allocation; and
    (E) Any changes to these allocations due to transfers under 
paragraph (f)(9) of this section, rollovers under paragraph (f)(11) of 
this section, and deductions from the B season non-transferable 
allocations under paragraphs (f)(5)(v) or (f)(10)(iii) of this section.
    (4) Reduction in allocations of the 60,000 Chinook salmon PSC 
limit--(i) Reduction in sector allocations. NMFS will reduce the 
seasonal allocation of the 60,000 Chinook salmon PSC limit to the 
catcher/processor sector, the mothership sector, the inshore sector, or 
the CDQ Program under paragraph (f)(3)(iii)(A) of this section, if the 
owner of any permitted AFA vessel in that sector, or any CDQ group, 
does not participate in an approved IPA under paragraph (f)(12) of this 
section. The amount of Chinook salmon subtracted from each sector's 
allocation for those not participating in an approved IPA is calculated 
as follows:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                          Reduce the A season       ...  Reduce the B season       ...  ........................
                           allocation by the sum    ...   allocation by the sum    ...  ........................
                           of the amount of         ...   of the amount of         ...  ........................
For each sector:           Chinock salmon           ...   Chinook salmon           ...  ........................
                           associated with each     ...   associated with each     ...  ........................
                           vessel or CDQ group not  ...   vessel or CDQ group not  ...  The annual amount of
(A) Catcher/processor      participating in an       +    participating in an       =    Chinook salmon
                           IPA:                           IPA:                           subtracted from each
(B) Mothership            From Column E in Table         From Column F in Table          sector's Chinook salmon
                           47a to this part               47a to this part               PSC allocation listed
(C) Inshore               From column E in Table         From Column F in Table          at paragraph
                           47b to this part               47b to this part               (f)(3)(iii)(A) of this
(D) CDQ Program           From column E in Table         From Column F in Table          section.
                           47c to this part               47c to this part
                          From Column C in Table         From Column D in Table
                           47d to this part               43d to this part
----------------------------------------------------------------------------------------------------------------


[[Page 14044]]

     (ii) Adjustments to the inshore sector and inshore cooperative 
allocations--(A) If some members of an inshore cooperative do not 
participate in an approved IPA, NMFS will only reduce the allocation to 
the cooperative to which those vessels belong, or the inshore open 
access fishery.
    (B) If all members of an inshore cooperative do not participate in 
an approved IPA, the amount of Chinook salmon that remains in the 
inshore sector's allocation, after subtracting the amount in paragraph 
(f)(4)(i)(C) of this section for the non-participating inshore 
cooperative, will be reallocated among the inshore cooperatives 
participating in an approved IPA based on the proportion each 
participating cooperative represents of the Chinook salmon PSC 
initially allocated among the participating inshore cooperatives that 
year.
    (iii) Adjustment to CDQ group allocations. If a CDQ group does not 
participate in an approved IPA, the amount of Chinook salmon that 
remains in the CDQ Program's allocation, after subtracting the amount 
in paragraph (f)(4)(i)(D) of this section for the non-participating CDQ 
group, will be reallocated among the CDQ groups participating in an 
approved IPA based on the proportion each participating CDQ group 
represents of the Chinook salmon PSC initially allocated among the 
participating CDQ groups that year.
    (iv) All members of a sector do not participate in an approved IPA. 
If all members of a sector do not participate in an approved IPA, the 
amount of Chinook salmon that remains after subtracting the amount in 
paragraph (f)(4)(i) of this section for the non-participating sector 
will not be reallocated among the sectors that do have members 
participating in an approved IPA. This portion of the 60,000 PSC limit 
will remain unallocated for that year.
    (5) Chinook salmon PSC opt-out allocation. The following table 
describes requirements for the opt-out allocation:

 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
(i) What is the amount of Chinook   The opt-out allocation will equal
 salmon PSC that will be allocated   the sum of the Chinook salmon PSC
 to the opt-out allocation in the    deducted under paragraph (f)(4)(i)
 A season and the B season?          of this section from the seasonal
                                     allocations of each sector with
                                     members not participating in an
                                     approved IPA.
(ii) Which participants will be     Any AFA permitted vessel or any CDQ
 managed under the opt-out           group that is a member of a sector
 allocation?                         eligible under paragraph (f)(2)(ii)
                                     of this section to receive
                                     allocations of the 60,000 PSC
                                     limit, but that is not
                                     participating in an approved IPA.
(iii) What Chinook salmon bycatch   All Chinook salmon bycatch by
 will accrue against the opt-out     participants under paragraph
 allocation?                         (f)(2)(ii) of this section.
(iv) How will the opt-out           All participants under paragraph
 allocation be managed?              (f)(2)(ii) of this section will be
                                     managed as a group under the
                                     seasonal opt-out allocations. If
                                     the Regional Administrator
                                     determines that the seasonal opt-
                                     out allocation will be reached,
                                     NMFS will publish a notice in the
                                     Federal Register closing directed
                                     fishing for pollock in the BS, for
                                     the remainder of the season, for
                                     all vessels fishing under the opt-
                                     out allocation.
(v) What will happen if Chinook     NMFS will deduct from the B season
 salmon bycatch by vessels fishing   opt-out allocation any Chinook
 under the opt-out allocation        salmon bycatch in the A season that
 exceeds the amount allocated to     exceeds the A season opt-out
 the A season opt-out allocation?    allocation.
(vi) What will happen if Chinook    If Chinook salmon bycatch by vessels
 salmon bycatch by vessels fishing   fishing under the opt-out
 under the opt-out allocation is     allocation in the A season is less
 less than the amount allocated to   than the amount allocated to the
 the A season opt-out allocation?    opt-out allocation in the A season,
                                     this amount of Chinook salmon will
                                     not be added to the B season opt-
                                     out allocation.
(vii) Is Chinook salmon PSC         No. Chinook salmon PSC allocated to
 allocated to the opt-out            the opt-out allocation is not
 allocation transferable?            transferable.
------------------------------------------------------------------------

     (6) Chinook salmon bycatch performance standard. If the total 
annual Chinook salmon bycatch by the members of a sector participating 
in an approved IPA is greater than that sector's annual threshold 
amount of Chinook salmon in any three of seven consecutive years, that 
sector will receive an allocation of Chinook salmon under the 47,591 
PSC limit in all future years.
    (i) Annual threshold amount. Prior to each fishing year, NMFS will 
calculate each sector's annual threshold amount. NMFS will post the 
annual threshold amount for each sector on the NMFS Alaska Region Web 
site (http://alaskafisheries.noaa.gov/). At the end of each fishing 
year, NMFS will evaluate the Chinook salmon bycatch by all IPA 
participants in each sector against that sector's annual threshold 
amount.
    (ii) Calculation of the annual threshold amount. A sector's annual 
threshold amount is the annual number of Chinook salmon that would be 
allocated to that sector under the 47,591 Chinook salmon PSC limit, as 
shown in the table in paragraph (f)(3)(iii)(B) of this section. If any 
vessels in a sector do not participate in an approved IPA, NMFS will 
reduce that sector's annual threshold amount by the number of Chinook 
salmon associated with each vessel not participating in an approved 
IPA. If any CDQ groups do not participate in an approved IPA, NMFS will 
reduce the CDQ Program's annual threshold amount by the number of 
Chinook salmon associated with each CDQ group not participating in an 
approved IPA. NMFS will subtract the following numbers of Chinook 
salmon from each sector's annual threshold amount for vessels or CDQ 
groups not participating in an approved IPA:

----------------------------------------------------------------------------------------------------------------
                                          The amount of Chinook salmon associated with each vessel or CDQ group
            For each sector:                                   not participating in an IPA:
----------------------------------------------------------------------------------------------------------------
(A) Catcher/processor..................  From Column G of Table 47a to this part;
(B) Mothership.........................  From Column G of Table 47b to this part;
(C) Inshore............................  From Column G of Table 47c to this part;
(D) CDQ Program........................  From Column E of Table 47d to this part.
----------------------------------------------------------------------------------------------------------------


[[Page 14045]]

     (iii) If NMFS determines that a sector has exceeded its 
performance standard by exceeding its annual threshold amount in any 
three of seven consecutive years, NMFS will issue a notification in the 
Federal Register that the sector has exceeded its performance standard 
and that NMFS will allocate to that sector the amount of Chinook salmon 
in the table in paragraph (f)(3)(iii)(B) of this section in all 
subsequent years. All members of the affected sector will fish under 
this lower allocation regardless of whether a vessel or CDQ group 
within that sector participates in an approved IPA.
    (7) Replacement vessels. If an AFA permitted vessel listed in 
Tables 47a through 47c to this part is no longer eligible to 
participate in the BS pollock fishery or if a vessel replaces a 
currently eligible vessel, the portion and number of Chinook salmon 
associated with that vessel in Tables 47a through 47c to this part will 
be assigned to the replacement vessel or distributed among other 
eligible vessels in the sector based on the procedures in the law, 
regulation, or private contract that accomplishes the vessel removal or 
replacement action until Tables 47a through 47c to this part can be 
revised as necessary.
    (8) Entities eligible to receive transferable Chinook salmon PSC 
allocations--(i) NMFS will issue transferable Chinook salmon PSC 
allocations to the following entities, if these entities meet all of 
the applicable requirements of this part.
    (A) Inshore cooperatives. NMFS will issue transferable Chinook 
salmon PSC allocations to the inshore cooperatives permitted annually 
under Sec.  679.4(l)(6). The representative and agent for service of 
process (see definition at Sec.  679.2) for an inshore cooperative is 
the cooperative representative identified in the application for an 
inshore cooperative fishing permit issued under Sec.  679.4(l)(6), 
unless the inshore cooperative representative notifies NMFS in writing 
that a different person will act as its agent for service of process 
for purposes of this paragraph (f). An inshore cooperative is not 
required to submit an application under paragraph (f)(8)(ii) of this 
section to receive a transferable Chinook salmon PSC allocation.
    (B) CDQ groups. NMFS will issue transferable Chinook salmon PSC 
allocations to the CDQ groups. The representative and agent for service 
of process for a CDQ group is the chief executive officer of the CDQ 
group, unless the chief executive officer notifies NMFS in writing that 
a different person will act as its agent for service of process. A CDQ 
group is not required to submit an application under paragraph 
(f)(8)(ii) of this section to receive a transferable Chinook salmon PSC 
allocation.
    (C) Entity representing the catcher/processor sector. NMFS will 
issue transferable Chinook salmon PSC allocations to an entity 
representing the AFA catcher/processor sector if some or all of the 
owners of AFA permitted vessels in this sector form a single entity to 
represent all catcher/processors eligible to fish under transferable 
Chinook salmon PSC allocations. No more than one entity will be 
authorized by NMFS to represent the catcher/processor sector for 
purposes of receiving and managing transferable Chinook salmon PSC 
allocations on behalf of the catcher/processor sector.
    (D) Entity representing the mothership sector. NMFS will issue 
transferable Chinook salmon PSC allocations to an entity representing 
the AFA mothership sector if some or all of the owners of AFA permitted 
catcher vessels in this sector form a single entity to represent all 
catcher vessels in this sector eligible to fish under transferable 
Chinook salmon PSC allocations. No more than one entity will be 
authorized by NMFS to represent the mothership sector for purposes of 
receiving and managing transferable Chinook salmon PSC allocations on 
behalf of the mothership sector.
    (ii) Request for approval as an entity eligible to receive 
transferable Chinook salmon PSC allocations. A representative of an 
entity representing the catcher/processor sector or the mothership 
sector may request approval by NMFS to receive transferable Chinook 
salmon PSC allocations on behalf of the members of the sector. The 
application must be submitted to NMFS at the address in paragraph 
(b)(6) of this section. A completed application consists of the 
application form and a contract, described below.
    (A) Application form. The applicant must submit a paper copy of the 
application form with all information fields accurately filled in. The 
application form is available on the NMFS Alaska Region website (http://alaskafisheries.noaa.gov/) or from NMFS at the address or phone number 
in paragraph (b)(6) of this section.
    (B) Contract. A contract containing the following information must 
be attached to the completed application form:
    (1) Information that documents that all parties to the contract 
agree that the entity, the entity's representative, and the entity's 
agent for service of process named in the application form represent 
them for purposes of receiving transferable Chinook salmon PSC 
allocations.
    (2) A statement that the entity's representative and agent for 
service of process are authorized to act on behalf of the parties to 
the contract.
    (3) Certification of applicant. Signatures, printed names, and date 
of signature for the owners of each AFA permitted vessel identified in 
the application.
    (C) Contract duration. Once submitted, the contract attached to the 
application is valid until amended or terminated by the parties to the 
contract. Additions or deletions to the vessels represented by the 
entity may be done one time per year for subsequent years by submitting 
an amended contract and revised vessel information by the deadline, 
unless additions or deletions are as a result of a replacement vessel 
under paragraph (f)(7) of this section. An amendment to the contract 
related to a replacement vessel may be made at any time upon submission 
of an amended application and a copy of the AFA permit issued under 
Sec.  679.4 for the replacement vessel.
    (D) Deadline. An initial or amended application and contract must 
be received by NMFS no later than 1700 hours A.l.t. on November 1 of 
the year prior to the fishing year for which the Chinook salmon PSC 
allocations are effective.
    (iii) Responsibility.--(A) Entity--(1) Each inshore cooperative and 
it members are jointly and severally liable for any violation of 
applicable regulations in this part by a member of the cooperative.
    (2) The entity representing the catcher/processor sector and its 
members are jointly and severally liable for any violation of 
applicable regulations in this part by a member of the sector.
    (3) The entity representing the mothership sector and its members 
are jointly and severally liable for any violation of applicable 
regulations in this part by a member of the sector.
    (4) The owners of all vessels that are members of an inshore 
cooperative or members of the entity that represents the catcher/
processor sector or the mothership sector may authorize the entity 
representative to sign a proposed IPA submitted to NMFS under paragraph 
(f)(12) of this section on their behalf. This authorization must be 
included in the contract submitted to NMFS under paragraph 
(f)(8)(ii)(B) of this section for the sector-level entities and in the 
contract submitted annually to NMFS by inshore cooperatives under Sec.  
679.61(d).

[[Page 14046]]

    (B) Entity Representative. The entity's representative must--
    (1) Act as the primary contact person for NMFS on issues relating 
to the operation of the entity;
    (2) Submit on behalf of the entity any applications required for 
the entity to receive a transferable Chinook salmon PSC allocation and 
to transfer some or all of that allocation to and from other entities 
eligible to receive transfers of Chinook salmon PSC allocations;
    (3) Ensure that an agent for service of process is designated by 
the entity; and
    (4) Ensure that NMFS is notified if a substitute agent for service 
of process is designated. Notification must include the name, address, 
and telephone number of the substitute agent in the event the 
previously designated agent is no longer capable of accepting service 
on behalf of the entity or its members within the 5-year period from 
the time the agent is identified in the application to NMFS under 
paragraph (f)(8)(ii)(B) of this section.
    (C) Agent for service of process. The entity's agent for service of 
process must--
    (1) Be authorized to receive and respond to any legal process 
issued in the United States with respect to all owners and operators of 
vessels that are members of an entity receiving a transferable 
allocation of Chinook salmon PSC or with respect to a CDQ group. 
Service on or notice to the entity's appointed agent constitutes 
service on or notice to all members of the entity.
    (2) Be capable of accepting service on behalf of the entity until 
December 31 of the year five years after the calendar year for which 
the entity notified the Regional Administrator of the identity of the 
agent.
    (D) Absent a catcher/processor sector or mothership sector entity. 
If the catcher/processor sector or the mothership sector does not form 
an entity to receive a transferable allocation of Chinook salmon PSC, 
the sector will receive non-transferable allocations of Chinook salmon 
PSC that will be managed by NMFS under paragraph (f)(10) of this 
section.
    (9) Transfers of Chinook salmon PSC--(i) A Chinook salmon PSC 
allocation issued to eligible entities under paragraph (f)(8)(i) of 
this section may be transferred to any other entity receiving a 
transferable allocation of Chinook salmon PSC by submitting to NMFS an 
application for transfer described in paragraph (f)(9)(iii) of this 
section. Transfers of Chinook salmon PSC allocations among eligible 
entities are subject to the following restrictions:
    (A) Entities receiving transferable allocations under the 60,000 
PSC limit may only transfer to and from other entities receiving 
allocations under the 60,000 PSC limit.
    (B) Entities receiving transferable allocations under the 47,591 
PSC limit may only transfer to and from other entities receiving 
allocations under the 47,591 PSC limit.
    (C) Chinook salmon PSC allocations may not be transferred between 
seasons.
    (ii) Post-delivery transfers. If the Chinook salmon bycatch by an 
entity exceeds its seasonal allocation, the entity may receive 
transfers of Chinook salmon PSC to cover overages for that season. An 
entity may conduct transfers to cover an overage that results from 
Chinook salmon bycatch from any fishing trip by a vessel fishing on 
behalf of that entity that was completed or is in progress at the time 
the entity's allocation is first exceeded. Under Sec.  
679.7(d)(8)(ii)(C)(2) and (k)(8)(v), vessels fishing on behalf of an 
entity that has exceeded its Chinook salmon PSC allocation for a season 
may not start a new fishing trip for pollock in the BS for the 
remainder of that season once that overage has occurred.
    (iii) Application for transfer of Chinook salmon PSC allocations--
(A) Completed application. NMFS will process a request for transfer of 
Chinook salmon PSC provided that a paper or electronic application is 
completed, with all information fields accurately filled in. 
Application forms are available on the NMFS Alaska Region Web site 
(http://alaskafisheries.noaa.gov) or from NMFS at the address or phone 
number in paragraph (b)(6) of this section.
    (B) Certification of transferor--(1) Non-electronic submittal. The 
transferor's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (2) Electronic submittal. The transferor's designated entity 
representative must log into NMFS online services system and create a 
transfer request as indicated on the computer screen. By using the 
transferor's NMFS ID, password, and Transfer Key, and submitting the 
transfer request, the designated representative certifies that all 
information is true, correct, and complete.
    (C) Certification of transferee--(1) Non-electronic submittal. The 
transferee's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete.
    (2) Electronic submittal. The transferee's designated 
representative must log into the NMFS online services system and accept 
the transfer request as indicated on the computer screen. By using the 
transferee's NMFS ID, password, and Transfer Key, the designated 
representative certifies that all information is true, correct, and 
complete.
    (D) Deadline. NMFS will not approve an application for transfer of 
Chinook salmon PSC after June 25 for the A season and after December 1 
for the B season.
    (10) Non-transferable Chinook salmon PSC allocations--(i) All 
vessels belonging to a sector that is ineligible to receive 
transferable allocations under paragraph (f)(8) of this section, any 
catcher vessels participating in an inshore open access fishery, and 
all vessels fishing under the opt-out allocation under paragraph (f)(5) 
of this section will fish under specific non-transferable Chinook 
salmon PSC allocations.
    (ii) All vessels fishing under a non-transferable Chinook salmon 
PSC allocation, including vessels fishing on behalf of a CDQ group, 
will be managed together by NMFS under that non-transferable 
allocation. If, during the fishing year, the Regional Administrator 
determines that a seasonal non-transferable Chinook salmon PSC 
allocation will be reached, NMFS will publish a notice in the Federal 
Register closing the BS to directed fishing for pollock by those 
vessels fishing under that non-transferable allocation for the 
remainder of the season or for the remainder of the year.
    (iii) For each non-transferable Chinook salmon PSC allocation, NMFS 
will deduct from the B season allocation any amount of Chinook salmon 
bycatch in the A season that exceeds the amount available under the A 
season allocation.
    (11) Rollover of unused A season allocation--(i) Rollovers of 
transferable allocations. NMFS will add any Chinook salmon PSC 
allocation remaining at the end of the A season, after any transfers 
under paragraph (f)(9)(ii) of this section, to an entity's B season 
allocation.
    (ii) Rollover of non-transferable allocations. For a non-
transferable allocation for the mothership sector, catcher/processor 
sector, or an inshore open access fishery, NMFS will add any Chinook 
salmon PSC remaining in that non-transferable allocation at the end of 
the A season to that B season non-transferable allocation.

[[Page 14047]]

    (12) Chinook salmon bycatch incentive plan agreements (IPAs)--(i) 
Minimum participation requirements. More than one IPA may be approved 
by NMFS. Each IPA must have participants that represent the following:
    (A) Minimum percent pollock. Participation by the owners of AFA 
permitted vessels or CDQ groups that combined represent at least 9 
percent of the amount of BS pollock attributed to the sector, inshore 
cooperative, CDQ group, or individual vessel is required for purposes 
of this paragraph (f)(12)(i). The percentage of pollock attributed to 
each sector, vessel, or CDQ group is as follows:

----------------------------------------------------------------------------------------------------------------
                                        The percent
          For each sector:             attributed to     Percent used to calculate IPA minimum participation is
                                       each sector:                          the value in:
----------------------------------------------------------------------------------------------------------------
(1) Catcher/processor..............                36  Column H in Table 47a to this part.
(2) Mothership.....................                 9  Column H in Table 47b to this part.
(3) Inshore........................                45  Column H in Table 47c to this part.
(4) CDQ Program....................                10  Column F in Table 47d to this part.
----------------------------------------------------------------------------------------------------------------

     (B) Minimum number of unaffiliated AFA entities. The parties to an 
IPA must represent any combination of two or more CDQ groups or 
corporations, partnerships, or individuals who own AFA permitted 
vessels and are not affiliated as affiliation is defined for purposes 
of AFA entities in Sec.  679.2.
    (ii) Membership in an IPA is voluntary. No vessel owner or CDQ 
group may be required to join an IPA. Upon receipt of written 
notification that a person wants to join an IPA, the IPA representative 
must allow that vessel owner or CDQ group to join subject to the terms 
and conditions that have been agreed upon by all other parties to the 
proposed IPA.
    (iii) Request for approval of a proposed IPA. The IPA 
representative must submit an application for approval of a proposed 
IPA to NMFS at the address in paragraph (b)(6) of this section. A 
completed application consists of the application form and the proposed 
IPA, described below.
    (A) Application form. The applicant must submit a paper copy of the 
application form with all information fields accurately filled in. The 
application form is available on the NMFS Alaska Region Web site 
(http://alaskafisheries.noaa.gov/) or from NMFS at the address or phone 
number in paragraph (b)(6) of this section.
    (B) Proposed IPA. The proposed IPA must contain the following 
information:
    (1) Name of the IPA. The same IPA name submitted on the application 
form.
    (2) Representative. The name, telephone number, and e-mail address 
of the IPA representative who submits the proposed IPA on behalf of the 
parties and who is responsible for submitting proposed amendments to 
the IPA and the annual report required under paragraph (f)(12)(vii) of 
this section.
    (3) Description of the incentive plan. The IPA must contain a 
written description of the following:
    (i) The incentive(s) that will be implemented under the IPA to 
ensure that the operator of each vessel participating in the IPA will 
avoid Chinook salmon at all times while directed fishing for pollock;
    (ii) The rewards for avoiding Chinook salmon, penalties for failure 
to avoid Chinook salmon at the vessel level, or both;
    (iii) How the incentive measures in the IPA are expected to promote 
reductions in a vessel's Chinook salmon bycatch rates relative to what 
would have occurred in absence of the incentive program;
    (iv) How the incentive measures in the IPA promote Chinook salmon 
savings in any condition of pollock abundance or Chinook salmon 
abundance in a manner that is expected to influence operational 
decisions by vessel operators to avoid Chinook salmon; and
    (v) How the IPA ensures that the operator of each vessel governed 
by the IPA will manage his or her Chinook salmon bycatch to keep total 
bycatch below the performance standard described in paragraph (f)(6) of 
this section for the sector in which the vessel participates.
    (4) Compliance agreement. The IPA must include a written statement 
that all parties to the IPA agree to comply with all provisions of the 
IPA.
    (5) Signatures. The names and signatures of the owner or 
representative for each vessel and CDQ group that is a party to the 
IPA. The representative of an inshore cooperative, or the 
representative of the entity formed to represent the AFA catcher/
processor sector or the AFA mothership sector under paragraph (f)(8) of 
this section may sign a proposed IPA on behalf of all vessels that are 
members of that inshore cooperative or sector level entity.
    (iv) Deadline and duration--(A) Deadline for proposed IPA. An 
initial or amended application must be received by NMFS no later than 
1700 hours A.l.t. on October 1 of the year prior to the fishing year 
for which the Chinook salmon PSC allocations are proposed to be 
effective.
    (B) Duration. Once approved, an IPA is effective starting January 1 
of the year following the year in which NMFS approves the IPA, unless 
the IPA is approved between January 1 and January 19, in which case the 
IPA is effective starting in the year in which it is approved. Once 
approved, an IPA is effective until December 31 of the first year in 
which it is effective or until December 31 of the year in which the IPA 
representative notifies NMFS in writing that the IPA is no longer in 
effect, whichever is later. An IPA may not expire mid-year. No party 
may join or leave an IPA once it is approved, except as allowed under 
paragraph (f)(12)(v)(C) of this section.
    (v) NMFS review of a proposed IPA--(A) Approval. An IPA will be 
approved by NMFS if it meets the following requirements:
    (1) Meets the minimum participation requirements in paragraph 
(f)(12)(i) of this section;
    (2) Is submitted in compliance with the requirements of paragraph 
(f)(12)(ii) and (iv) of this section; and
    (3) Contains the information required in paragraph (f)(12)(iii) of 
this section.
    (B) IPA identification number. If approved, NMFS will assign an IPA 
number to the approved IPA. This number must be used by the IPA 
representative in amendments to the IPA.
    (C) Amendments to an IPA. Amendments to an approved IPA may be 
submitted to NMFS and will be reviewed under the requirements of this 
paragraph (f)(12).
    (1) An amendment to an approved IPA with no change in the 
participants in the IPA may be submitted to NMFS at any time and is 
effective upon written notification of approval by NMFS to the IPA 
representative.

[[Page 14048]]

    (2) Amendments to the list of participants in an IPA, with or 
without changes to an approved IPA, must be received by NMFS no later 
than 1700 hours A.l.t. on November 1 of the year prior to the year in 
which the participants will join or leave the IPA, unless amendments to 
the list of participants are the result of a replacement vessel under 
paragraph (f)(7) of this section. The IPA representative must submit an 
application for approval of a proposed IPA (amended) that includes all 
of the information required in paragraph (f)(12)(iii) of this section. 
In addition, for an amendment related to a replacement vessel, the 
application for approval of an amendment must also include a copy of 
the AFA permit issued under Sec.  679.4 for the replacement vessel.
    (D) Disapproval--(1) NMFS will disapprove a proposed IPA or a 
proposed amendment to an IPA for either of the following reasons;
    (i) If the proposed IPA fails to meet any of the requirements of 
paragraphs (f)(12)(i) through (iii) of this section, or
    (ii) If a proposed amendment to an IPA would cause the IPA to no 
longer be consistent with the requirements of paragraphs (f)(12)(i) 
through (iv) of this section.
    (2) Initial Administrative Determination (IAD). If, in NMFS's 
review of the proposed IPA, NMFS identifies deficiencies in the 
proposed IPA that require disapproval of the proposed IPA, NMFS will 
notify the applicant in writing. The applicant will be provided 30 days 
to address, in writing, the deficiencies identified by NMFS. An 
applicant will be limited to one 30-day period to address any 
deficiencies identified by NMFS. Additional information or a revised 
IPA received after the 30-day period specified by NMFS has expired will 
not be considered for purposes of the review of the proposed IPA. NMFS 
will evaluate any additional information submitted by the applicant 
within the 30-day period. If the Regional Administrator determines that 
the additional information addresses deficiencies in the proposed IPA, 
the Regional Administrator will approve the proposed IPA under 
paragraphs (f)(12)(iv)(B) and (f)(12)(v)(A) of this section. However, 
if, after consideration of the original proposed IPA and any additional 
information submitted during the 30-day period, NMFS determines that 
the proposed IPA does not comply with the requirements of paragraph 
(f)(12) of this section, NMFS will issue an initial administrative 
determination (IAD) providing the reasons for disapproving the proposed 
IPA.
    (3) Administrative Appeals. An applicant who receives an IAD 
disapproving a proposed IPA may appeal under the procedures set forth 
at Sec.  679.43. If the applicant fails to file an appeal of the IAD 
pursuant to Sec.  679.43, the IAD will become the final agency action. 
If the IAD is appealed and the final agency action is a determination 
to approve the proposed IPA, then the IPA will be effective as 
described in paragraph (f)(12)(iv)(B) of this section.
    (4) While appeal of an IAD disapproving a proposed IPA is pending, 
proposed members of the IPA subject to the IAD that are not currently 
members of an approved IPA would fish under the opt-out allocation 
under paragraph (f)(5) of this section. If no other IPA has been 
approved by NMFS, NMFS will issue all sectors allocations of the 47,591 
Chinook salmon PSC limit as described in paragraph (f)(3)(iii)(B) of 
this section.
    (vi) Public release of an IPA. NMFS will make all proposed IPAs and 
all approved IPAs and the list of participants in each approved IPA 
available to the public on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov/).
    (vii) IPA Annual Report. The representative of each approved IPA 
must submit a written annual report to the Council at the address 
specified in Sec.  679.61(f). The Council will make the annual report 
available to the public.
    (A) Submission deadline. The annual report must be postmarked or 
received by the Council no later than April 1 of each year following 
the year in which the IPA is first effective.
    (B) Information requirements. The annual report must contain the 
following information:
    (1) A comprehensive description of the incentive measures in effect 
in the previous year;
    (2) A description of how these incentive measures affected 
individual vessels;
    (3) An evaluation of whether incentive measures were effective in 
achieving salmon savings beyond levels that would have been achieved in 
absence of the measures; and
    (4) A description of any amendments to the terms of the IPA that 
were approved by NMFS since the last annual report and the reasons that 
the amendments to the IPA were made.
    (g) BS Non-Chinook Salmon Bycatch Management--(1) Requirements for 
the non-Chinook salmon bycatch reduction intercooperative agreement 
(ICA)--(i) Application. The ICA representative identified in paragraph 
(g)(2)(i)(B) of this section must submit a signed copy of the proposed 
non-Chinook salmon bycatch reduction ICA, or any proposed amendments to 
the ICA, to NMFS at the address in paragraph (b)(6) of this section.
    (ii) Deadline. For any ICA participant to be exempt from closure of 
the Chum Salmon Savings Area as described at paragraph (e)(7)(ix) of 
this section and at Sec.  679.22(a)(10), the ICA must be filed in 
compliance with the requirements of this section, and approved by NMFS. 
The proposed non-Chinook salmon bycatch reduction ICA or any amendments 
to an approved ICA must be postmarked or received by NMFS by December 1 
of the year before the year in which the ICA is proposed to be 
effective. Exemptions from closure of the Chum Salmon Savings Area will 
expire upon termination of the initial ICA, expiration of the initial 
ICA, or if superseded by a NMFS-approved amended ICA.
    (2) Information requirements. The ICA must include the following 
provisions:
    (i) Participants--(A) The names of the AFA cooperatives and CDQ 
groups participating in the ICA. Collectively, these groups are known 
as parties to the ICA. Parties to the ICA must agree to comply with all 
provisions of the ICA.
    (B) The name, business mailing address, business telephone number, 
business fax number, and business e-mail address of the ICA 
representative.
    (C) The ICA also must identify one entity retained to facilitate 
vessel bycatch avoidance behavior and information sharing.
    (D) The ICA must identify at least one third party group. Third 
party groups include any organizations representing western Alaskans 
who depend on non-Chinook salmon and have an interest in non-Chinook 
salmon bycatch reduction but do not directly fish in a groundfish 
fishery.
    (ii) The names, Federal fisheries permit numbers, and USCG 
documentation numbers of vessels subject to the ICA.
    (iii) Provisions that dictate non-Chinook salmon bycatch avoidance 
behaviors for vessel operators subject to the ICA, including:
    (A) Initial base rate. The initial B season non-Chinook salmon base 
rate shall be 0.19 non-Chinook salmon per metric ton of pollock.
    (B) Inseason adjustments to the non-Chinook base rate calculation. 
Beginning July 1 of each fishing year and on each Thursday during the B 
season, the B season non-Chinook base rate shall be recalculated. The 
recalculated non-Chinook base rate shall be the three week rolling 
average of the B season non-Chinook bycatch rate for the current year. 
The recalculated base

[[Page 14049]]

rate shall be used to determine bycatch avoidance areas.
    (C) ICA Chum Salmon Savings Area notices. On each Thursday and 
Monday after June 10 of each year for the duration of the pollock ``B'' 
season, the entity identified under paragraph (g)(2)(i)(C) of this 
section must provide notice to the parties to the salmon bycatch 
reduction ICA and NMFS identifying one or more areas designated ``ICA 
Chum Savings Areas'' by a series of latitude and longitude coordinates. 
The Thursday notice must be effective from 6:00 p.m. A.l.t. the 
following Friday through 6:00 p.m. A.l.t. the following Tuesday. The 
Monday notice must be effective from 6:00 p.m. A.l.t. the following 
Tuesday through 6:00 p.m. A.l.t. the following Friday. For any ICA 
Salmon Savings Area notice, the maximum total area closed must be at 
least 3,000 square miles for ICA Chum Savings Area closures.
    (D) Fishing restrictions for vessels assigned to tiers. For vessels 
in a cooperative assigned to Tier 3, the ICA Chum Salmon Savings Area 
closures announced on Thursdays must be closed to directed fishing for 
pollock, including pollock CDQ, for seven days. For vessels in a 
cooperative assigned to Tier 2, the ICA Chum Salmon Savings Area 
closures announced on Thursdays must be closed through 6 p.m. Alaska 
local time on the following Tuesday. Vessels in a cooperative assigned 
to Tier 1 may operate in any area designated as an ICA Chum Salmon 
Savings Area.
    (E) Cooperative tier assignments. Initial and subsequent base rate 
calculations must be based on each cooperative's pollock catch for the 
prior two weeks and the associated bycatch of non-Chinook salmon taken 
by its members. Base rate calculations shall include non-Chinook salmon 
bycatch and pollock caught in both the CDQ and non-CDQ pollock directed 
fisheries. Cooperatives with non-Chinook salmon bycatch rates of less 
than 75 percent of the base rate shall be assigned to Tier 1. 
Cooperatives with non-Chinook salmon bycatch rates of equal to or 
greater than 75 percent, but less than or equal to 125 percent of the 
base rate shall be assigned to Tier 2. Cooperatives with non-Chinook 
salmon bycatch rates of greater than 125 percent of the base rate shall 
be assigned to Tier 3. Bycatch rates for Chinook salmon must be 
calculated separately from non-Chinook salmon, and cooperatives must be 
assigned to tiers based on non-Chinook salmon bycatch.
    (iv) Internal monitoring and enforcement provisions to ensure 
compliance of fishing activities with the provisions of the ICA. The 
ICA must include provisions allowing any party of the ICA to bring 
civil suit or initiate a binding arbitration action against another 
party for breach of the ICA. The ICA must include minimum annual 
uniform assessments for any violation of savings area closures of 
$10,000 for the first offense, $15,000 for the second offense, and 
$20,000 for each offense thereafter.
    (v) Provisions requiring the parties to conduct an annual 
compliance audit, and to cooperate fully in such audit, including 
providing information required by the auditor. The compliance audit 
must be conducted by a non-party entity, and each party must have an 
opportunity to participate in selecting the non-party entity. If the 
non-party entity hired to conduct a compliance audit discovers a 
previously undiscovered failure to comply with the terms of the ICA, 
the non-party entity must notify all parties to the ICA of the failure 
to comply and must simultaneously distribute to all parties of the ICA 
the information used to determine the failure to comply occurred and 
must include such notice(s) in the compliance report.
    (vi) Provisions requiring data dissemination in certain 
circumstances. If the entity retained to facilitate vessel bycatch 
avoidance behavior and information sharing under paragraph (g)(2)(i)(C) 
of this section determines that an apparent violation of an ICA Chum 
Salmon Savings Area closure has occurred, that entity must promptly 
notify the Board of Directors of the cooperative to which the vessel 
involved belongs. If this Board of Directors fails to assess a minimum 
uniform assessment within 180 days of receiving the notice, the 
information used by the entity to determine if an apparent violation 
was committed must be disseminated to all parties to the ICA.
    (3) NMFS review of the proposed ICA and amendments. NMFS will 
approve the initial or an amended ICA if it meets all the requirements 
specified in paragraph (g) of this section. If NMFS disapproves a 
proposed ICA, the ICA representative may resubmit a revised ICA or file 
an administrative appeal as set forth under the administrative appeals 
procedures described at Sec.  679.43.
    (4) ICA Annual Report. The ICA representative must submit a written 
annual report to the Council at the address specified in Sec.  
679.61(f). The Council will make the annual report available to the 
public.
    (i) Submission deadline. The ICA annual report must be postmarked 
or received by the Council by April 1 of each year following the year 
in which the ICA is first effective.
    (ii) Information requirements. The ICA annual report must contain 
the following information:
    (A) An estimate of the number of non-Chinook salmon avoided as 
demonstrated by the movement of fishing effort away from Chum Salmon 
Savings Areas, and
    (B) The results of the compliance audit required at Sec.  
679.21(g)(2)(v).
    6. In Sec.  679.22, revise paragraph (a)(10) and (h) to read as 
follows:


Sec.  679.22  Closures.

    (a) * * *
    (10) Chum Salmon Savings Area. Directed fishing for pollock by 
vessels using trawl gear is prohibited from August 1 through August 31 
in the Chum Salmon Savings Area defined at Figure 9 to this part (see 
also Sec.  679.21(e)(7)(vii)). Vessels directed fishing for pollock in 
the BS, including pollock CDQ, and operating under a non-Chinook salmon 
bycatch reduction ICA approved under Sec.  679.21(g) are exempt from 
closures in the Chum Salmon Savings Area.
* * * * *
    (h) CDQ fisheries closures. See Sec.  679.7(d)(8) for time and area 
closures that apply to the CDQ fisheries once the non-Chinook salmon 
PSQ and the crab PSQs have been reached.
* * * * *
    7. In Sec.  679.26,
    Revise paragraph (c)(1) to read as follows:


Sec.  679.26  Prohibited Species Donation Program.

* * * * *
    (c) * * *
    (1) A vessel or processor retaining prohibited species under the 
PSD program must comply with all applicable recordkeeping and reporting 
requirements. A vessel or processor participating in the BS pollock 
fishery and PSD program must comply with applicable regulations at 
Sec. Sec.  679.7(d) and (k), 679.21(c), and 679.28, including allowing 
the collection of data and biological sampling by an observer prior to 
processing any fish under the PSD program.
* * * * *
    8. In Sec.  679.28,
    A. Redesignate paragraphs (d)(7) and (d)(8) as paragraphs (d)(8) 
and (d)(9), respectively;
    B. Add paragraphs (d)(7), (g)(7)(vii)(F), and (g)(7)(x)(F);
    C. Revise newly redesignated paragraph (d)(9)(i)(H) and paragraphs 
(g)(2)(i), (g)(7)(vii)(C), (g)(7)(ix)(A), and (g)(7)(x)(D) and (E);

[[Page 14050]]

    D. Add paragraph (j); and
    E. Redesignate paragraphs (i)(1)(iii), (iv), and (v) as paragraphs 
(i)(1)(ii), (iii), and (iv), respectively.
    The revisions and additions read as follows:


Sec.  679.28  Equipment and operational requirements.

* * * * *
    (d) * * *
    (7) Catcher/processors and motherships in the BS pollock fishery, 
including pollock CDQ. Catcher/processors directed fishing for pollock 
in the BS or motherships taking deliveries from vessels directed 
fishing for pollock in the BS also must meet the following 
requirements:
    (i) A container to store salmon must be located adjacent to the 
observer sampling station;
    (ii) All salmon stored in the container must remain in view of the 
observer at the observer sampling station at all times during the 
sorting of each haul; and
    (iii) The container to store salmon must be at least 1.5 cubic 
meters.
* * * * *
    (9) * * *
    (i) * * *
    (H) For catcher/processors using trawl gear and motherships, a 
diagram drawn to scale showing the location(s) where all catch will be 
weighed, the location where observers will sample unsorted catch, and 
the location of the observer sampling station including the observer 
sampling scale. For catcher/processors directed fishing for pollock in 
the BS or motherships taking deliveries from catcher vessels directed 
fishing for pollock in the BS, including pollock CDQ, the diagram also 
must include the location of the last point of sorting in the factory 
and the location of the salmon storage container required under 
paragraph (d)(7) of this section.
* * * * *
    (g) * * *
    (2) * * *
    (i) AFA and CDQ pollock,
* * * * *
    (7) * * *
    (vii) * * *
    (C) * * *
    (1) With the exception of paragraph (g)(7)(vii)(C)(2) of this 
section, the observer area must be located near the observer work 
station. The plant liaison must be able to walk between the work 
station and the observation area in less than 20 seconds without 
encountering safety hazards.
    (2) For shoreside processors or stationary floating processors 
taking deliveries from vessels directed fishing for pollock in the BS, 
including vessels directed fishing for pollock CDQ in the BS, the 
observer work station must be located within the observation area.
* * * * *
    (F) For shoreside processors or stationary floating processors 
taking deliveries from vessels directed fishing for pollock in the BS, 
including vessels directed fishing for pollock CDQ in the BS, the 
observation area also must include an area designated to store salmon.
* * * * *
    (ix) * * *
    (A) Orienting new observers to the plant and providing a copy of 
the approved CMCP;
* * * * *
    (x) * * *
    (D) The location of each scale used to weigh catch;
    (E) Each location where catch is sorted including the last location 
where sorting could occur; and
    (F) Location of salmon storage container.
* * * * *
    (j) Electronic monitoring on catcher/processors and motherships in 
the BS pollock fishery, including pollock CDQ. The owner or operator of 
a catcher/processor or a mothership must provide and maintain an 
electronic monitoring system that includes cameras, a monitor, and a 
digital video recording system for all areas where sorting of salmon of 
any species takes place and the location of the salmon storage 
container described at paragraph (d)(7) of this section. These 
electronic monitoring system requirements must be met when the catcher/
processor is directed fishing for pollock in the BS, including pollock 
CDQ, and when the mothership is taking deliveries from catcher vessels 
directed fishing for pollock in the BS, including pollock CDQ.
    (1) What requirements must a vessel owner or operator comply with 
for an electronic monitoring system? (i) The system must have 
sufficient data storage capacity to store all video data from an entire 
trip. Each frame of stored video data must record a time/date stamp in 
Alaska local time (A.l.t.). At a minimum, all periods of time when fish 
are flowing past the sorting area or salmon are in the storage 
container must be recorded and stored.
    (ii) The system must include at least one external USB (1.1 or 2.0) 
port or other removable storage device approved by NMFS.
    (iii) The system must use commercially available software.
    (iv) Color cameras must have at a minimum 470 TV lines of 
resolution, auto-iris capabilities, and output color video to the 
recording device with the ability to revert to black and white video 
output when light levels become too low for color recognition.
    (v) The video data must be maintained and made available to NMFS 
staff, or any individual authorized by NMFS, upon request. These data 
must be retained onboard the vessel for no less than 120 days after the 
date the video is recorded, unless NMFS has notified the vessel 
operator that the video data may be retained for less than this 120-day 
period.
    (vi) The system must provide sufficient resolution and field of 
view to observe all areas where salmon could be sorted from the catch, 
all crew actions in these areas, and discern individual fish in the 
salmon storage container.
    (vii) The system must record at a speed of no less than 5 frames 
per second at all times when fish are being sorted or when salmon are 
stored in the salmon storage location.
    (viii) A 16-bit or better color monitor, for viewing activities 
within the tank in real time, must be provided within the observer 
sampling station. The monitor must--
    (A) Have the capacity to display all cameras simultaneously;
    (B) Be operating at all times when fish are flowing past the 
sorting area and salmon are in the storage container; and
    (C) Be securely mounted at or near eye level.
    (ix) The observer must be able to view any earlier footage from any 
point in the trip and be assisted by crew knowledgeable in the 
operation of the system.
    (x) A vessel owner or operator must arrange for NMFS to inspect the 
electronic monitoring system and maintain a current NMFS-issued 
electronic monitoring system inspection report onboard the vessel at 
all times the vessel is required to provide an approved electronic 
monitoring system.
    (2) How does a vessel owner arrange for NMFS to conduct an 
electronic monitoring system inspection? The owner or operator must 
submit an Inspection Request for an Electronic Monitoring System to 
NMFS by fax (206-526-4066) or e-mail ([email protected]). 
The request form is available on the NMFS Alaska Region Web site 
(http://alaskafisheries.noaa.gov/) or from NMFS at the address or phone 
number in paragraph (b)(6) of this section. NMFS will coordinate with 
the vessel owner to schedule the inspection no

[[Page 14051]]

later than 10 working days after NMFS receives a complete request form.
    (3) What additional information is required for an electronic 
monitoring system inspection? (i) A diagram drawn to scale showing all 
locations where salmon will be sorted, the location of the salmon 
storage container, the location of each camera and its coverage area, 
and the location of any additional video equipment must be submitted 
with the request form.
    (ii) Any additional information requested by the Regional 
Administrator.
    (4) How does a vessel owner make a change to the electronic 
monitoring system? Any change to the electronic monitoring system that 
would affect the system's functionality must be submitted to, and 
approved by, the Regional Administrator in writing before that change 
is made.
    (5) Where will NMFS conduct electronic monitoring system 
inspections? Inspections will be conducted on vessels tied to docks at 
Dutch Harbor, Alaska; Kodiak, Alaska; and in the Puget Sound area of 
Washington State.
    (6) What is an electronic monitoring system inspection report? 
After an inspection, NMFS will issue an electronic monitoring system 
inspection report to the vessel owner, if the electronic monitoring 
system meets the requirements of paragraph (j)(1) of this section. The 
electronic monitoring system report is valid for 12 months from the 
date it is issued by NMFS. The electronic monitoring system inspection 
report must be made available to the observer, NMFS personnel, or to an 
authorized officer upon request.
    9. In Sec.  679.50,
    A. Revise paragraph (c)(1) introductory text, paragraph (c)(4)(iv), 
and (c)(5) heading; and
    B. Add a new paragraph (c)(5)(i)(D).
    The addition and revisions read as follows:


Sec.  679.50  Groundfish Observer Program.

* * * * *
    (c) * * *
    (1) Unless otherwise specified in paragraphs (c)(4) through (7) of 
this section, observer coverage is required as follows:
* * * * *
    (4) * * *
    (iv) Catcher vessel using trawl gear--(A) Groundfish CDQ fishing. A 
catcher vessel equal to or greater than 60 ft (18.3 m) LOA using trawl 
gear, except a catcher vessel that delivers only unsorted codends to a 
processor or another vessel or a catcher vessel directed fishing for 
pollock CDQ in the BS, must have at least one level 2 observer as 
described at paragraph (j)(1)(v)(D) of this section aboard the vessel 
at all times while it is groundfish CDQ fishing.
    (B) BS pollock CDQ fishery. A catcher vessel using trawl gear, 
except a catcher vessel that delivers only unsorted codends to a 
processor or another vessel, must have at least one observer aboard the 
vessel at all times while it is directed fishing for pollock CDQ in the 
BS.
* * * * *
    (5) AFA and AI directed pollock fishery.
    (i) * * *
    (D) AFA catcher vessels in the BS pollock fishery. A catcher vessel 
using trawl gear, except a catcher vessel that delivers only unsorted 
codends to a processor or another vessel, must have at least one 
observer aboard the vessel at all times while it is directed fishing 
for pollock in the BS.
* * * * *
    10. In Sec.  679.61, revise paragraphs (f)(1), (f)(2) introductory 
text, and (f)(2)(vi) to read as follows:


Sec.  679.61  Formation and operation of fishery cooperatives.

* * * * *
    (f) * * *
    (1) What are the submission deadlines? The fishery cooperative must 
submit the final report by April 1 of the following year. Annual 
reports must be postmarked or received by the submission deadline.
    (2) What information must be included? The annual report must 
contain, at a minimum:
* * * * *
    (vi) The number of salmon taken by species and season, and list 
each vessel's number of appearances on the weekly ``dirty 20'' lists 
for non-Chinook salmon.
* * * * *


Sec. Sec.  679.2, 679.5, 679.7, 679.20, 679.21, 679.26, 679.27, 679.28, 
and 679.32  [Amended]

    11. At each of the locations shown in the ``Location'' column of 
the following table, remove the phrase indicated in the ``Remove'' 
column and add in its place the phrase indicated in the ``Add'' column 
for the number of times indicated in the ``Frequency'' column.

----------------------------------------------------------------------------------------------------------------
                Location                            Remove                        Add                Frequency
----------------------------------------------------------------------------------------------------------------
Sec.   679.2 Definition ``AFA trawl       AFA trawl catcher/          AFA catcher/processor.....               1
 catcher/processor''.                      processor.
Sec.   679.2 Definition for ``Amendment   AFA trawl catcher/          AFA catcher/processor.....               1
 80 vessel'' paragraph (2)(i).             processor.
Sec.   679.5(c)(3)(v)(F) and              certified observer(s).....  observer(s)...............               2
 (c)(4)(v)(G).
Sec.   679.5(c)(6)(v)(E)................  certified observer(s).....  observer(s)...............               1
Sec.   679.7(d)(18).....................  Sec.   679.28(d)(8).......  Sec.   679.28(d)(9).......               1
Sec.   679.20(a)(5)(i)(A)(3)(i).........  Sec.   679.62(e)..........  Sec.   679.62(a)..........               1
Sec.   679.20(a)(7)(iii)(B).............  AFA trawl catcher/          AFA catcher/processor.....               1
                                           processor.
Sec.   679.21(e)(3)(v)..................  AFA trawl catcher/          AFA catcher/processor.....               2
                                           processor.
Sec.   679.26(c)(1).....................  Sec.   679.7(c)(1)........  Sec.   679.7(c)(2)........               1
Sec.   679.27(j)(5)(iii)................  Sec.   679.28(d)(7)(i)....  Sec.   679.28(d)(8)(i)....               1
Sec.   679.28(d)(2)(ii).................  Sec.   679.28(d)(7)(ii)(A)  paragraph (d)(8)(ii)(A) of               1
                                                                       this section.
Sec.   679.28(d)(2)(ii).................  Sec.   679.28(d)(7)(ii)(B)  paragraph (d)(8)(ii)(B) of               1
                                                                       this section.
Sec.   679.32(b)........................  Sec.   679.7(d)(7) through  Sec.   679.7(d)(8)........               1
                                           (10).
Sec.   679.32(d)(2)(ii)(B)(1)...........  Sec.   679.28(d)(8).......  Sec.   679.28(d)(9).......               1
Sec.   679.32(d)(4)(ii).................  Sec.   679.28(d)(8).......  Sec.   679.28(d)(9).......               1
Sec.   679.93(c)(9).....................  Sec.   679.28(i)..........  Sec.   679.28(i)(1).......               1
----------------------------------------------------------------------------------------------------------------


[[Page 14052]]

    12. The title, map, and legend for Figure 8 to part 679 are revised 
to read as follows:
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TP23MR10.004

    14. Tables 47a through 47d to part 679 are added to read as 
follows:

                                                                 Table--47a to Part 679
    [Percent of the AFA catcher/processor sector's pollock allocation, numbers of Chinook salmon used to calculate the opt-out allocation and annual
          threshold amount, and percent used to calculate IPA minimum participation assigned to each catcher/processor under Sec.   679.21(f).]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Percent of  Number of Chinook salmon     Number of     Percent used
                                                                                   C/P  sector       for the opt-out      Chinook salmon   to calculate
                                                                                     pollock       allocation (8,093)     for the annual    IPA minimum
                                                        USCG vessel               ---------------------------------------   performance    participation
                     Vessel name                       documentation   AFA permit                                            threshold   ---------------
                                                            No.           No.                                                 amount
                                                                                     Percent      A season     B season      (13,516)
                                                                                                                         ----------------     Percent
                                                                                                                              Annual
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column A                                                   Column B      Column C     Column D     Column E     Column F        Column G        Column H
--------------------------------------------------------------------------------------------------------------------------------------------------------
American Dynasty.....................................        951307          3681         4.93          324           76             667            1.78
American Triumph.....................................        646737          4055         7.25          475          111             979            2.61
Northern Eagle.......................................        506694          3261         6.07          398           93             820            2.19
Northern Hawk........................................        643771          4063         8.45          554          129           1,142            3.04
Northern Jaeger......................................        521069          3896         7.38          485          113             998            2.66
Ocean Rover..........................................        552100          3442         6.39          420           98             864            2.30
Alaska Ocean.........................................        637856          3794         7.30          479          112             985            2.63
Island Enterprise....................................        610290          3870         5.60          367           86             756            2.01

[[Page 14053]]

 
Kodiak Enterprise....................................        579450          3671         5.90          387           90             798            2.13
Seattle Enterprise...................................        904767          3245         5.48          359           84             740            1.97
Arctic Storm.........................................        903511          2943         4.58          301           70             619            1.65
Arctic Fjord.........................................        940866          3396         4.46          293           68             603            1.60
Northern Glacier.....................................        663457           661         3.12          205           48             422            1.12
Pacific Glacier......................................        933627          3357         5.06          332           77             684            1.82
Highland Light.......................................        577044          3348         5.14          337           79             694            1.85
Starbound............................................        944658          3414         3.94          259           60             533            1.42
Ocean Peace..........................................        677399          2134         0.50           33            8              68            0.18
Katie Ann............................................        518441          1996         0.00            0            0               0            0.00
U.S. Enterprise......................................        921112          3004         0.00            0            0               0            0.00
American Enterprise..................................        594803          2760         0.00            0            0               0            0.00
Endurance............................................        592206          3360         0.00            0            0               0            0.00
American Challenger..................................        633219          4120         0.78           51           12             106            0.28
Forum Star...........................................        925863          4245         0.61           40            9              82            0.22
Muir Milach..........................................        611524           480         1.13           74           17             153            0.41
Neahkahnie...........................................        599534           424         1.66          109           25             225            0.60
Ocean Harvester......................................        549892          5130         1.08           71           16             145            0.39
Sea Storm............................................        628959           420         2.05          134           31             276            0.74
Tracy Anne...........................................        904859          2823         1.16           76           18             157            0.42
                                                      --------------------------------------------------------------------------------------------------
    Total............................................  .............  ...........       100.00        6,563        1,530          13,516           36.00
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                 Table 47b--to Part 679
   [Percent of the AFA mothership sector's pollock allocation, numbers of Chinook salmon used to calculate the opt-out allocation and annual threshold
                  amount, and percent used to calculate IPA minimum participation assigned to each mothership under Sec.   679.21(f).]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Percent of  Number of Chinook salmon     Number of     Percent used
                                                                                    MS sector        for the opt-out      Chinook salmon   to calculate
                                                        USCG vessel                  pollock       allocation (2,220)     for the annual    IPA minimum
                     Vessel name                       documentation   AFA permit ---------------------------------------    threshold     participation
                                                            No.           No.                                             amount (3,707) ---------------
                                                                                     Percent      A season     B season  ----------------
                                                                                                                              Annual          Percent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column A                                                   Column B      Column C     Column D     Column E     Column F        Column G        Column H
--------------------------------------------------------------------------------------------------------------------------------------------------------
American Beauty......................................        613847          1688        6.000           96           37             223            0.54
Pacific Challenger...................................        518937           657        9.671          154           60             359            0.87
Nordic Fury..........................................        542651          1094        6.177           99           39             229            0.55
Pacific Fury.........................................        561934           421        5.889           94           37             218            0.53
Margaret Lyn.........................................        615563           723        5.643           90           35             209            0.51
Misty Dawn...........................................        926647          5946        3.569           57           22             132            0.32
Vanguard.............................................        617802           519        5.350           85           33             199            0.48
California Horizon...................................        590758           412        3.786           61           24             140            0.34
Oceanic..............................................        602279          1667        7.038          112           44             261            0.63
Mar-Gun..............................................        525608           524        6.251          100           39             231            0.56
Mark 1...............................................        509552          1242        6.251          100           39             231            0.56
Aleutian Challenger..................................        603820          1687        4.926           79           31             182            0.44
Ocean Leader.........................................        561518          1229        6.000           96           37             223            0.54
Papado II............................................        536161          2087        2.953           47           18             110            0.27
Morning Star.........................................        618797          7270        3.601           57           23             134            0.32
Traveler.............................................        929356          3404        4.272           68           27             158            0.38
Vesteraalen..........................................        611642           517        6.201           99           39             230            0.56
Alyeska..............................................        560237           395        2.272           36           14              84            0.20
Western Dawn.........................................        524423           134        4.150           66           26             154            0.37
                                                      --------------------------------------------------------------------------------------------------
    Total............................................  .............  ...........      100.000        1,596          624           3,707            9.00
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 14054]]


                                                                 Table--47c to Part 679
[Percent of the AFA inshore sector's pollock allocation, numbers of Chinook salmon used to calculate the opt-out allocation and annual threshold amount,
                    and percent used to calculate IPA minimum participation assigned to each catcher vessel under Sec.   679.21(f).]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Percent of  Number of Chinook salmon     Number of     Percent used
                                                                                      sector         for the opt-out      Chinook salmon   to calculate
                                                                                     pollock       allocation (15,858)    for the annual    IPA minimum
                                                        USCG vessel    AFA permit ---------------------------------------    threshold     participation
                     Vessel name                       documentation      No.                                                 amount     ---------------
                                                            No.                                                              (26,485)
                                                                                     Percent      A season     B season  ----------------     Percent
                                                                                                                              Annual
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column A                                                   Column B      Column C     Column D     Column E     Column F        Column G        Column H
--------------------------------------------------------------------------------------------------------------------------------------------------------
AJ...................................................        599164          3405         0.70           69           41             185            0.31
Alaska Rose..........................................        610984           515         1.68          167          100             446            0.76
Alaskan Command......................................        599383          3391         0.37           37           22              99            0.17
Aldebaran............................................        664363           901         1.47          146           87             388            0.66
Alsea................................................        626517          2811         1.66          165           99             441            0.75
Alyeska..............................................        560237           395         1.22          121           72             323            0.55
American Beauty......................................        613847          1688         0.04            4            2              11            0.02
American Eagle.......................................        558605           434         1.07          106           63             283            0.48
Anita J..............................................        560532          1913         0.50           50           30             132            0.22
Arctic Explorer......................................        936302          3388         1.62          161           96             430            0.73
Arctic Wind..........................................        608216          5137         1.10          110           65             292            0.50
Arcturus.............................................        655328           533         1.54          153           91             409            0.70
Argosy...............................................        611365          2810         1.63          162           97             433            0.73
Auriga...............................................        639547          2889         3.10          308          184             820            1.39
Aurora...............................................        636919          2888         3.10          308          184             821            1.39
Bering Rose..........................................        624325           516         1.72          171          102             457            0.78
Blue Fox.............................................        979437          4611         0.31           31           19              83            0.14
Bristol Explorer.....................................        647985          3007         1.54          153           91             408            0.69
Caitlin Ann..........................................        960836          3800         0.94           93           55             248            0.42
Cape Kiwanda.........................................        618158          1235         0.23           23           13              61            0.10
Chelsea K............................................        976753          4620         4.65          462          275            1231            2.09
Collier Brothers.....................................        593809          2791         0.15           15            9              41            0.07
Columbia.............................................        615729          1228         1.44          143           85             382            0.65
Commodore............................................        914214          2657         1.26          125           75             334            0.57
Defender.............................................        554030          3257         3.48          346          206             923            1.57
Destination..........................................        571879          3988         2.15          214          128             570            0.97
Dominator............................................        602309           411         1.75          174          104             463            0.79
Dona Martita.........................................        651751          2047         2.10          209          125             557            0.95
Elizabeth F..........................................        526037           823         0.38           38           23             102            0.17
Excalibur II.........................................        636602           410         0.52           52           31             137            0.23
Exodus Explorer......................................        598666          1249         0.30           30           18              80            0.13
Fierce Allegiance....................................        588849          4133         0.94           93           56             249            0.42
Flying Cloud.........................................        598380          1318         1.64          163           97             434            0.74
Gold Rush............................................        521106          1868         0.41           40           24             107            0.18
Golden Dawn..........................................        604315          1292         1.75          174          104             464            0.79
Golden Pisces........................................        599585           586         0.27           27           16              72            0.12
Great Pacific........................................        608458           511         1.24          123           73             327            0.56
Gun-Mar..............................................        640130           425         2.22          221          132             588            1.00
Half Moon Bay........................................        615796           249         0.59           58           35             155            0.26
Hazel Lorraine.......................................        592211           523         0.38           38           23             102            0.17
Hickory Wind.........................................        594154           993         0.31           30           18              81            0.14
Intrepid Explorer....................................        988598          4993         1.15          114           68             303            0.52
Leslie Lee...........................................        584873          1234         0.55           54           32             145            0.25
Lisa Melinda.........................................        584360          4506         0.22           22           13              58            0.10
Majesty..............................................        962718          3996         1.00           99           59             263            0.45
Marcy J..............................................        517024          2142         0.18           18           11              48            0.08
Margaret Lyn.........................................        615563           723         0.03            3            2               9            0.02
Mar-Gun..............................................        525608           524         0.10           10            6              27            0.05
Mark I...............................................        509552          1242         0.05            4            3              12            0.02
Messiah..............................................        610150          6081         0.23           23           14              61            0.10
Miss Berdie..........................................        913277          3679         0.61           61           36             161            0.27
Morning Star.........................................        610393           208         1.70          169          101             450            0.76
Ms Amy...............................................        920936          2904         0.49           48           29             129            0.22
Nordic Explorer......................................        678234          3009         1.10          110           65             292            0.50
Nordic Fury..........................................        542651          1094         0.02            2            1               5            0.01
Nordic Star..........................................        584684           428         1.01          100           60             268            0.45
Northern Patriot.....................................        637744          2769         2.41          240          143             639            1.09
Northwest Explorer...................................        609384          3002         0.24           24           14              64            0.11
Ocean Explorer.......................................        678236          3011         1.37          137           81             364            0.62
Morning Star.........................................        652395          1640         0.53           53           31             140            0.24
Ocean Hope 3.........................................        652397          1623         0.42           41           25             110            0.19
Ocean Leader.........................................        561518          1229         0.05            5            3              14            0.02

[[Page 14055]]

 
Oceanic..............................................        602279          1667         0.13           13            8              35            0.06
Pacific Challenger...................................        518937           657         0.17           17           10              44            0.08
Pacific Explorer.....................................        678237          3010         1.29          128           76             342            0.58
Pacific Fury.........................................        561934           421         0.01            1            1               3            0.01
Pacific Knight.......................................        561771          2783         2.18          217          129             578            0.98
Pacific Monarch......................................        557467          2785         1.60          159           95             423            0.72
Pacific Prince.......................................        697280          4194         2.41          239          143             638            1.08
Pacific Ram..........................................        589115          4305         0.20           20           12              54            0.09
Pacific Viking.......................................        555058           422         1.09          108           65             289            0.49
Pegasus..............................................        565120          1265         0.69           69           41             184            0.31
Peggy Jo.............................................        502779           979         0.33           33           20              88            0.15
Perseverance.........................................        536873          2837         0.30           29           17              78            0.13
Poseidon.............................................        610436          1164         1.24          123           73             329            0.56
Predator.............................................        547390          1275         0.20           20           12              52            0.09
Progress.............................................        565349           512         1.01          100           60             268            0.46
Providian............................................       1062183          6308         0.38           38           23             101            0.17
Raven................................................        629499          1236         0.71           71           42             188            0.32
Royal American.......................................        624371           543         0.97           96           57             257            0.44
Royal Atlantic.......................................        559271           236         1.31          130           78             347            0.59
Sea Wolf.............................................        609823          1652         1.52          151           90             402            0.68
Seadawn..............................................        548685          2059         1.41          140           84             374            0.63
Seeker...............................................        924585          2849         0.37           37           22              98            0.17
Sovereignty..........................................        651752          2770         2.35          234          139             623            1.06
Star Fish............................................        561651          1167         1.51          150           90             400            0.68
Starlite.............................................        597065          1998         1.23          122           73             324            0.55
Starward.............................................        617807           417         1.26          125           75             334            0.57
Storm Petrel.........................................        620769          1641         1.23          123           73             327            0.56
Sunset Bay...........................................        598484           251         0.56           56           33             148            0.25
Topaz................................................        575428           405         0.08            8            5              22            0.04
Traveler.............................................        929356          3404         0.04            4            2              11            0.02
Vanguard.............................................        617802           519         0.06            6            3              15            0.03
Viking...............................................        565017          1222         1.66          165           98             439            0.75
Viking Explorer......................................        605228          1116         1.19          118           70             315            0.53
Walter N.............................................        257365           825         0.40           40           24             107            0.18
Western Dawn.........................................        524423           134         0.40           39           23             105            0.18
Westward I...........................................        615165          1650         1.55          154           92             412            0.70
                                                      --------------------------------------------------------------------------------------------------
    Total............................................  .............  ...........       100.00        9,933        5,925          26,485           45.00
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 14056]]


                                             Table--47d to Part 679
    [Percent of the CDQ Program's pollock allocation, numbers of Chinook salmon used to calculate the opt-out
allocation and annual threshold amount, and percent used to calculate IPA minimum participation assigned to each
                                       CDQ group under Sec.   679.21(f).]
----------------------------------------------------------------------------------------------------------------
                 Column A                    Column B     Column C     Column D      Column E        Column F
----------------------------------------------------------------------------------------------------------------
                                            Percent of                               Number of     Percent used
                                           CDQ Program                            Chinook salmon   to calculate
                                             pollock    Number of Chinook salmon  for the annual    IPA minimum
                                                             for the opt-out         threshold       partici-
                                                           allocation (2,325)     amount (3,883)      pation
----------------------------------------------------------------------------------------------------------------
                CDQ group                    Percent      A season     B season       Annual          Percent
----------------------------------------------------------------------------------------------------------------
APICDA...................................        14.00          260           66             544            1.40
BBEDC....................................        21.00          389           99             816            2.10
CBSFA....................................         5.00           93           23             194            0.50
CVRF.....................................        24.00          445          113             931            2.40
NSEDC....................................        22.00          408          103             854            2.20
YDFDA....................................        14.00          260           66             544            1.40
                                          ----------------------------------------------------------------------
    TOTAL................................       100.00        1,855          470           3,883           10.00
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2010-6082 Filed 3-22-10; 8:45 am]
BILLING CODE 3510-22-P