[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Proposed Rules]
[Pages 77757-77765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31973]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 110627357-1409-01]
RIN 0648-BB24


Fisheries of the Exclusive Economic Zone Off Alaska; Chinook 
Salmon Bycatch Management in the Gulf of Alaska Pollock Fishery; 
Amendment 93

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 93 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). The 
proposed regulations would apply exclusively to the directed pollock 
trawl fisheries in the Central and Western Reporting Areas of the Gulf 
of Alaska (GOA) (Central and Western GOA). If approved, Amendment 93 
would establish separate prohibited species catch (PSC) limits in the 
Central and Western GOA for Chinook salmon (Oncorhynchus tshawytscha), 
which would cause NMFS to close the directed pollock fishery in the 
Central or Western regulatory areas of the Gulf of Alaska, if the 
applicable limit is reached. This action also would require retention 
of salmon by all vessels in the Central and Western GOA pollock 
fisheries until the catch is delivered to a processing facility where 
an observer is provided the opportunity to count the number of salmon 
and to collect scientific data or biological samples from the salmon. 
Amendment 93 would increase observer coverage on vessels less than 60 
feet (18.3 m) length overall that participate in the directed pollock 
fishery in the Central or Western regulatory areas of the GOA by 
January 2013, unless the restructured North Pacific Groundfish Observer 
Program is in place by this time. Amendment 93 is intended to promote 
the goals and objectives of the Magnuson-Stevens Fishery Conservation 
and Management Act, the FMP, and other applicable laws.

DATES: Written comments must be received no later than 5 p.m. Alaska 
local time (A.l.t.) January 30, 2012.

ADDRESSES: Send comments to Glenn Merrill, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by FDMS 
Docket Number NOAA-NMFS-2011-0156, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal at http://www.regulations.gov. To submit comments via the e-Rulemaking Portal, 
first click the ``submit a comment'' icon, then enter NOAA-NMFS-2011-
0156 in the keyword search. Locate the document you wish to comment on 
from the resulting list and click on the ``Submit a Comment'' icon on 
the right of that line.
     Mail: Submit written comments to P.O. Box 21668, Juneau, 
AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    Comments must be submitted by one of the above methods to ensure 
that the comments are received, documented, and considered by NMFS. 
Comments sent by any other method, to any other address or individual, 
or received after the end of the comment period, may not be considered.
    All comments received are a part of the public record and will 
generally be posted without change. All Personal Identifying 
Information (for example, name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (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 the Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared 
for this action may be obtained from http://www.regulations.gov or from 
the 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, emailed to 
[email protected], or faxed to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Mary Grady, (907) 586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
U.S. exclusive economic zone (EEZ) of the GOA under the FMP. The North 
Pacific Fishery Management Council (Council) prepared, and NMFS 
approved, the FMP under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA), 16 U.S.C. 1801 et seq. 
Regulations governing U.S. fisheries and implementing the FMP appear at 
50 CFR parts 600 and 679.
    The Council has submitted Amendment 93 for review by the Secretary 
of Commerce, and a notice of availability of the FMP amendment was 
published in the Federal Register (76 FR 72384) on November 23, 2011, 
with written comments on the FMP amendment invited through January 23, 
2012. Comments may address the FMP amendment, the proposed rule, or 
both, but must be received by NMFS, not just postmarked or otherwise 
transmitted, by 5 p.m. Alaska local time (A.l.t.) on January 23, 2012, 
to be considered in the approval/disapproval decision on the FMP 
amendment. All comments received by that time, whether specifically 
directed to the amendment or the proposed rule, will be considered in 
the decision to approve, partially approve, or disapprove the proposed 
amendment. Comments received after the comment period for the amendment 
will not be considered in that decision.

The Application of This Action to the GOA Pollock Fishery and Current 
Management

    This proposed rule would apply to owners and operators of catcher 
vessels, catcher/processors, and inshore processors participating in 
the pollock (Theragra chalcogramma) trawl fisheries in the Central and 
Western Reporting Areas of the GOA. The Central and Western Reporting 
Areas, defined at Sec.  679.2 and shown in Figure 3 to 50 CFR part 679, 
include the Central and Western Regulatory Areas (Statistical Areas 
610, 620, and 630), and the adjacent State of Alaska (State) waters.
    The Council and NMFS annually establish biological thresholds and 
annual total allowable catch limits (TACs) for groundfish species to 
sustainably manage the groundfish

[[Page 77758]]

fisheries in the GOA. To achieve these objectives, NMFS requires vessel 
operators participating in groundfish fisheries in the GOA to comply 
with various restrictions, such as fishery closures, to maintain catch 
within specified TACs and associated sector and seasonal allocations 
and apportionments, and PSC limits for species that are generally 
required to be discarded.
    NMFS manages GOA pollock as a single stock independently of pollock 
in the Bering Sea and Aleutian Islands management area. In 2011, the 
Central and Western GOA pollock TAC is 84,631 metric tons (mt). 
Additional information about the pollock fishery is in Section 3.5 of 
the EA (see ADDRESSES), and in the final 2011 and 2012 harvest 
specifications for the GOA groundfish fisheries (76 FR 11111, March 1, 
2011). Pollock is harvested with fishing vessels using trawl gear, 
which consists of nets towed through the water by the vessel.
    NMFS apportions the GOA pollock TAC spatially and temporally in the 
GOA. Regulations at Sec.  679.21 establish four seasons in the Central 
and Western GOA beginning January 20 (``A'' season), March 10 (``B'' 
season), August 25 (``C'' season), and October 1 (``D'' season), with 
25 percent of the annual TAC allocated to each season. Allocations to 
the Western and Central GOA are based on the seasonal pollock biomass 
distribution as estimated by NMFS groundfish surveys. In addition, a 
harvest control rule requires suspension of directed pollock fishing 
when female spawning biomass is equal to or below 20 percent of the 
reference unfished level (Sec.  679.20(d)(4)) .
    This proposed rule would apply only to the management of the 
pollock trawl directed fisheries in the Central and Western Reporting 
Areas of the GOA (Central GOA and Western GOA), which includes the 
Federal fisheries in the waters of the EEZ (3 nm to 200 nm), and the 
waters of the State of Alaska (State) (0 to 3 nm) that are managed 
under a parallel fishery. These fisheries in State waters, referred to 
as the parallel fisheries, are opened and closed by the State of Alaska 
and are prosecuted under rules similar to those which apply in the 
Federal fisheries, with catch accrued against the Federal TAC. The 
fisheries that would be affected by this action include the GOA State 
parallel fisheries for pollock that take place in State waters around 
Kodiak Island, in the Chignik Area, and along the South Alaska 
Peninsula. Pollock harvests in parallel fisheries that occur in State 
waters are typically opened and closed concurrently with Federal 
fisheries. This proposed rule would deduct salmon taken in the EEZ and 
the State parallel pollock fishery against the Central GOA and Western 
GOA Chinook salmon PSC limits.
    Under this proposed rule NMFS would not deduct salmon taken during 
a pollock State-managed guideline harvest level (GHL) fishery in the 
Central or Western GOA against the Central GOA and Western GOA Chinook 
salmon PSC limits. For these fisheries, the State of Alaska establishes 
a GHL that the Council and NMFS deduct before NMFS sets the Federal ABC 
during the harvest specifications process. The State manages the GHL, 
which is available for harvest exclusively within State waters. The 
State deducts the GHL groundfish caught in a GHL fishery from the State 
GHL. Currently, the only pollock GHL fishery in those areas is the 
Prince William Sound pollock fishery.

Chinook Salmon Bycatch in the GOA Pollock Fishery

    Chinook salmon and pollock occur in the same locations in the GOA. 
Chinook salmon is a prohibited species incidentally taken during the 
directed harvest of pollock in the GOA. The directed pollock fishery in 
the Central and Western GOA takes the majority of Chinook salmon PSC in 
the GOA groundfish fisheries. Additional details on Chinook salmon PSC 
among GOA groundfish fisheries are available in the (EA/RIR/IRFA) 
prepared for this action at http://alaskafisheries.noaa.gov.
    The MSA defines bycatch as fish that are harvested in a fishery 
that are not sold or kept for personal use. Because of its value in 
non-groundfish fisheries, Chinook salmon are prohibited species in the 
groundfish fisheries and currently NMFS regulations require that catch 
must be minimized and discarded in the GOA groundfish fisheries (Sec.  
679.21(b)). Therefore, Chinook salmon caught in the GOA pollock fishery 
are considered bycatch under the MSA, the FMP, and NMFS regulations at 
50 CFR part 679. The Council and NMFS are concerned about bycatch of 
any species, including discard or other mortality caused by fishing. 
National Standard 9 of the MSA requires the Council to recommend, and 
NMFS to implement, conservation and management measures, that to the 
extent practicable, minimize bycatch and bycatch mortality.
    In the GOA groundfish fisheries, PSC limits have been set for 
halibut, which close specific groundfish target fisheries after the 
limits are reached. Seasonal and permanent area closures have been 
established to protect red king crab and Tanner crab. There are 
currently no specific management measures to address Chinook salmon PSC 
in the GOA groundfish fisheries. This action would establish PSC limits 
for Chinook salmon and PSC management measures for the Central and 
Western GOA pollock fisheries.
    Chinook salmon is a culturally and economically valuable species 
that is fully allocated and for which State and Federal managers seek 
to conservatively manage harvests. The FMP categorizes Chinook salmon 
as prohibited species, one of the most regulated and closely managed 
categories of bycatch in Alaska fisheries. Chinook salmon, all other 
species of salmon (a category called ``non-Chinook salmon''), steelhead 
trout, Pacific halibut, king crab, Tanner crab, and Pacific herring are 
classified as prohibited species in the groundfish fisheries off Alaska 
(Sec.  679.2). Fishermen must avoid PSC when possible and return PSC to 
the water immediately, with a minimum of injury, after an observer has 
collected catch counts and any scientific data or biological samples. 
One reason for discarding prohibited species is that some PSC species 
may live if they are returned to the sea with a minimum of injury and 
delay. However, salmon caught incidentally in trawl nets often die as a 
result of that capture.
    In an effort to minimize waste of salmon incidentally caught and 
killed, NMFS has established a prohibited species donation (PSD) 
program under Sec.  679.26. Participants in the program may donate 
incidentally caught salmon to the PSD program. The PSD program was 
initiated to reduce the amount of edible protein discarded under PSC 
regulatory requirements (Sec.  679.21). The PSD program allows 
permitted participants to retain salmon for distribution to 
economically disadvantaged individuals through tax exempt hunger relief 
organizations.
    NMFS tracks the harvest of pollock and incidental catch of salmon 
in the Catch Accounting System, which uses observer data to estimate 
PSC and groundfish harvest amounts for participants in the GOA pollock 
fishery. Vessels participating in the Central GOA pollock fishery 
averaged 36,051 metric tons (mt) of pollock catch per year from 2003 to 
2010. During these years, the pollock catch in the Central GOA was 
greatest in 2005, when 46,802 mt were caught and smallest in 2009 when 
22,700 mt were taken. From 2003 to 2010, vessels participating in the 
Central GOA pollock fishery took as few as 2,123 Chinook salmon (2009), 
and as many as 31,647 Chinook salmon (2007). Over those years the fleet 
caught an average of 12,607 Chinook salmon per

[[Page 77759]]

year. When the Council and NMFS compared the Chinook salmon catch to 
the pollock catch, the number of Chinook salmon per mt ranged from 0.09 
Chinook salmon/mt of pollock in 2009 to 0.98 Chinook salmon/mt of 
pollock in 2007. NMFS estimates that, on average, 0.35 Chinook salmon/
mt of pollock was taken from 2003 to 2010 in the Central GOA pollock 
fishery.
    In the Western GOA, the pollock fleet caught between 14,010 mt 
(2009) and 30,756 mt (2005) of pollock, while averaging 20,773 mt per 
year of pollock catch from 2003 to 2010. Over that same period of time, 
the fleet caught between 441 Chinook salmon (2009) and 31,581 Chinook 
salmon (2010) annually. NMFS estimates the fleet took an average of 
6,380 Chinook salmon per year from 2003 to 2010. NMFS estimates that 
from 2003 to 2010, the smallest ratio of Chinook salmon PSC to the 
pollock catch was 0.03 Chinook salmon/mt of pollock in 2009 and the 
largest was 1.23 Chinook salmon/mt of pollock in 2010. NMFS estimates 
that on average, 0.31 Chinook salmon/mt of pollock was taken from 2003 
to 2010 in the Western GOA pollock fishery.

Objectives of and Rationale for Amendment 93 and This Proposed Rule

    Although all species of Pacific salmon are taken incidentally in 
the groundfish fisheries within the GOA, the Council focused Amendment 
93 specifically on Chinook salmon in the Central and Western GOA. The 
Council decided not to include the Eastern Regulatory Area of the GOA 
in Amendment 93 because it includes a large area closed to trawling, 
and Chinook salmon PSC in the Eastern Regulatory Area of the GOA 
accounts for less than 2 percent of total GOA Chinook salmon PSC.
    In June 2011, the Council recommended Amendment 93, which would 
establish separate Chinook salmon PSC limits for the Central GOA and 
Western GOA pollock fisheries. Of all salmon species caught, Chinook 
salmon is the highest catch in the GOA groundfish fisheries in recent 
years. The Central and Western GOA pollock fisheries intercept the 
majority of Chinook salmon caught as bycatch in the GOA groundfish 
fisheries. The implementation of Chinook salmon PSC limits would likely 
prevent unusually high levels of bycatch of this prohibited species, 
such as occurred in 2010, from occurring in the fishery in the future. 
The Council acknowledged that the selection of a Chinook salmon PSC 
limit for the GOA pollock fishery requires a balance both of 
obligations under the MSA National Standards, and the needs of 
different user groups. The Council intends for the Chinook salmon PSC 
limits to allow the full prosecution of the pollock fishery in the 
Central and Western GOA in most years, while truncating the fishery in 
some years if necessary to prevent events of relatively high Chinook 
salmon PSC in these areas, such as occurred in 2010 (44,813 Chinook 
salmon). The Council also acknowledged that the implementation of 
Chinook salmon PSC limits proposed in this action may be followed by 
subsequent recommendations to address Chinook salmon PSC in other GOA 
groundfish fisheries.
    The principal objective of Chinook salmon bycatch management in the 
GOA pollock fishery is to minimize Chinook salmon bycatch to the extent 
practicable while allowing the pollock fishery to contribute to the 
achievement of optimum yield in the groundfish fishery. 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 MSA and other applicable federal law.
    In developing Amendment 93, the Council sought to ensure maximum 
consistency with the MSA's 10 National Standards. The Council designed 
Amendment 93 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 GOA 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.
    The Council also considered the importance of equity among user 
groups in recommending Amendment 93. In addition to providing an 
equitable apportionment of the total GOA-wide PSC limit between the 
Central and Western GOA pollock fisheries, the Council also considered 
the needs of Chinook salmon users. Information is currently unavailable 
for NMFS to assess the stock of origin of the Chinook salmon that are 
incidentally caught in the GOA pollock fisheries. A component of 
Amendment 93 would require full retention of salmon species 
incidentally caught in the Central or Western GOA pollock fisheries, 
which is a necessary step to facilitate future stock of origin 
analyses. The Council also noted that the Chinook salmon resource is of 
value to many stakeholders, including but not limited to commercial, 
recreational, and cultural user groups; and it is a resource that is 
currently fully utilized. By instituting a PSC limit that would reduce 
Chinook salmon bycatch, the Council and NMFS also are considering the 
needs of these other user groups and recommending this proposed action 
to promote their access to the Chinook salmon resource.
    NMFS proposes Chinook salmon PSC limits that are based on the 
Council's recommended GOA-wide goal of limiting Chinook salmon bycatch 
to no more than 25,000 salmon in the Central and Western GOA pollock 
fisheries. In selecting this overall limit on Chinook salmon PSC, the 
Council considered a range of alternatives to assess the impacts of 
minimizing Chinook salmon bycatch to the extent practicable while 
preserving the potential for the full harvest of the pollock TAC. The 
Council considered the trade-offs between Chinook salmon saved and the 
forgone pollock catch. The EA and RIR include a description of the 
alternatives and a comparative analysis of the potential impacts of the 
alternative PSC limits (see ADDRESSES).
    The Council noted that the pollock fishery accounts for 
approximately 75 percent of Chinook salmon PSC in the GOA groundfish 
fisheries, based on Catch Accounting System data regarding the average 
Chinook salmon PSC levels from 2001 to 2010. The Council recommended, 
and the rule proposes, to apportion the selected GOA-wide Chinook 
salmon PSC limit between the Central and Western GOA on the basis of 
annual Chinook salmon PSC levels and pollock harvests in each area 
during 2001 to 2010 excluding 2007 and 2010. The Council recommended 
excluding bycatch amounts from 2007 and 2010 from consideration because 
of specific conditions in the Central and Western GOA during those 
years. In the Central GOA, 2007 was a year of particularly high Chinook 
salmon PSC, as was 2010 in the Western GOA. The Council considered the 
conditions that contributed to these high levels of PSC during these 
years and did not include them for assigning Chinook salmon PSC. The 
Council considered and rejected those years because the conditions that 
contributed to the high levels of bycatch

[[Page 77760]]

were not representative for specific reasons detailed in section 2.1.2 
of the Analysis. Inclusion of these years, which represent the highest 
levels of Chinook salmon PSC in each area, would increase the 
apportionment of PSC in that area, effectively rewarding the fleet in 
that area for its high levels of Chinook salmon PSC. The Council did 
not feel it was appropriate to reward the fleets for unacceptably high 
levels of Chinook salmon PSC.
    Under this proposed rule, the Central and Western GOA pollock 
fisheries should be able to harvest the full pollock TAC in each area 
based on the lower, long-term (17 year) average Chinook salmon bycatch 
rate, although they would be unable to harvest the full TAC based on 
the recent (8 year), higher average Chinook salmon bycatch rate (see 
EA/RIR/IRFA in ADDRESSES). The proposed rule would maintain a 
constraint on the fleet to reduce bycatch, while still allowing for 
optimum yield from the GOA groundfish fishery. The proposed Chinook 
salmon PSC limits would require the fleet to work together to come up 
with mechanisms to reduce Chinook salmon bycatch in order to prevent an 
early closure to the pollock fishery. The Council acknowledged, and 
NMFS concurs, that bycatch rates are highly variable, and in years of 
high Chinook salmon encounters, the proposed PSC limit would prevent 
amounts of bycatch similar to or more than amounts that occurred in 
past high bycatch years. Based upon historical fishing activity and 
salmon bycatch rates, higher Chinook salmon PSC limits would not meet 
the intent of the Council to minimize bycatch to the extent 
practicable, as expressed in the problem statement.
    Under the proposed rule, the Chinook salmon PSC limit would be 
divided into annual PSC limits of 18,316 (73 percent of the GOA-wide 
PSC limit) Chinook salmon for the Central GOA, and 6,684 Chinook salmon 
(27 percent of the GOA-wide PSC limit) for the Western GOA. As 
described further in the Notice of Availability for Amendment 93, the 
Council recommended the split of 73 percent for the Central GOA and 27 
percent for the Western GOA because it balances the economic impacts to 
fishery participants in the Central GOA and fishery participants in the 
Western GOA. The Council based this apportionment of the GOA-wide 
Chinook salmon PSC limit between the Central and Western GOA on the 
pollock TAC for each area and the average number of salmon caught as 
bycatch in each area, set at an equal ratio, from 2001 through 2010, 
excluding 2007 and 2010, with an adjustment intended to prevent either 
area from bearing a disproportionate share of the economic impact of 
the GOA-wide PSC limit. The analysis indicated that a lower Chinook 
salmon PSC limit in the Central GOA, strictly based on historic catch 
in the two areas with no adjustment, was likely to be more constraining 
to the pollock fishery in the Central GOA than the selected Chinook 
salmon PSC limit in the Western GOA would be to the pollock fishery in 
the Western GOA.
    The Council recommended that NMFS implement the PSC limits in mid-
2012. If the Secretary approves Amendment 93 and the final rule, the 
reduced PSC limits could apply for the C and D seasons only (August 25 
through November 1). The Council recommended the PSC limits for the 
2012 C and D seasons to be 8,929 Chinook salmon in the Central GOA and 
5,598 Chinook salmon in the Western GOA. These PSC limits were 
calculated by multiplying the annual PSC limit in each area by the 
average percentage of annual Chinook salmon PSC taken in the C and D 
seasons within each area, over the same time series of 2001 to 2010 but 
excluding 2007 and 2010, and adjusting upward by 25 percent. The 
Council adjusted the amount upward by 25 percent the first year to 
provide a buffer and reduce the constraint of mid-year implementation 
limits on the pollock fisheries.
    The Council recommended that the GOA-wide Chinook salmon PSC limit 
be apportioned to the Central and Western GOA to prevent incidental 
catch of Chinook salmon in one area from triggering the closure of the 
pollock fishery throughout the GOA. Under the proposed rule, NMFS would 
manage all provisions of the PSC limits on a reporting area basis, 
except for NMFS's authority to close fisheries when the limits are 
reached, which would only extend to the Central and Western Regulatory 
Areas of the GOA. If the PSC limit in either the Central GOA or Western 
GOA were reached, NMFS would close the directed pollock fishery in the 
applicable regulatory area. The State of Alaska would be responsible 
for closing the adjacent state waters in the applicable reporting area.
    In order to effectively monitor Chinook salmon PSC, the Council 
also recommended requiring observer coverage on vessels less than 60 
feet (18.3 m) length overall (LOA) by January 2013. Chinook salmon PSC 
estimates for this portion of the fleet have a high degree of 
uncertainty, as observers are currently not required on this vessel 
class. Much of the Western GOA pollock fleet consists of vessels less 
than 60 feet (18.3 m) LOA. Observer coverage on this portion of the 
fleet would improve the accuracy of Chinook salmon PSC estimates. 
Currently, Sec.  679.50(c)(1)(v) requires that a catcher/processor or 
catcher vessel equal to or greater than 60 ft (18.3 m) LOA, but less 
than 125 ft (38.1 m) LOA, that participates for more than 3 fishing 
days in a directed fishery for groundfish in a calendar quarter must 
carry an observer during at least 30 percent of its fishing days in 
that calendar quarter and at all times during at least one fishing trip 
in that calendar quarter for each of the groundfish fishery categories 
defined under paragraph (c)(2) of Sec.  679.50 in which the vessel 
participates. The proposed rule would require trawl vessels less than 
60 feet (18.3 m) LOA that are directed fishing for pollock in the 
Central or Western GOA to also meet these observer coverage 
requirements.
    In 2010, the Council approved a restructured observer program, and 
NMFS is currently drafting proposed regulations that will be sent out 
for public notice and comment. The Council's intent is that if the 
restructured observer program were approved by the Secretary and 
implemented by January 2013, the increased observer coverage that would 
be required under this proposed rule would not be extended to vessels 
less than 60 feet (18.3 m) LOA for the C and D seasons of 2012. The 
Council weighed the benefit of more accurate bycatch estimates that 
would accrue from expanding observer coverage for this portion of the 
fleet against the potential for confusion as vessel operators would be 
required to conform to the requirements of two new and different 
observer programs within a six month period. The Council determined, 
however, that 18 months (mid-2012 through 2014) without observer 
coverage in the less than 60 feet (18.3 m) LOA fleet was not acceptable 
if the observer program restructuring were delayed or otherwise not 
approved by the Secretary. If the implementation of the restructured 
observer program were delayed until 2014, then this proposed action 
would require vessels less than 60 ft (18.3 m) LOA to have 30 percent 
coverage while directed fishing for pollock in the Central GOA and 
Western GOA no later than January 1, 2013.
    The majority of the fleet that would be affected by increased 
coverage would be vessels less than 60 feet (18.3 m) LOA in the Western 
GOA. Some of these vessels deliver their catch to tender vessels 
instead of shoreside processing facilities. Increased observer coverage 
on the less than 60 feet (18.3 m) LOA

[[Page 77761]]

fleet would result in more trips being observed, which may provide 
increased coverage in the Western GOA. However, the additional coverage 
in the Western GOA may improve only marginally the accuracy of salmon 
PSC estimates, since the PSC estimates for vessels delivering to 
tenders would be based on observer at-sea sampling for Chinook salmon, 
which is a relatively uncommon species. The increased observer coverage 
on vessels less than 60 feet (18.3 m) LOA under this action would only 
be effective until the restructured Observer Program is implemented. 
NMFS anticipates that, if the Secretary approves the restructured 
observer program, the program could be implemented by January 1, 2014.
    This proposed action would require full retention of all salmon 
species in the Central and Western GOA pollock fisheries for both 
observed and unobserved vessels until the salmon are delivered to a 
shoreside processing plant and an observer at the plant has been given 
the opportunity to count the number of salmon and to collect biological 
samples. The retention requirement does not focus specifically on 
Chinook salmon because it can be difficult to differentiate among 
salmon species unless the fish is examined. Current regulations under 
Sec.  679.21(b)(2)(ii) require vessel operators to discard salmon when 
an observer is not on board. When an observer is aboard, they are 
required to allow for sampling by an observer before discarding 
prohibited species. This proposed rule would revise the requirements at 
Sec.  679.21(b), to require the operators of all vessels engaged in 
directed fishing for pollock in the Central and Western GOA, and all 
processors taking deliveries from these vessels, to retain all salmon 
until an observer at a processing plant has been given the opportunity 
to count the number of salmon and to collect biological samples, before 
discarding.
    The proposed rule would require the operators of all vessels to 
retain all salmon caught in the pollock fishery in the Central and 
Western Gulf until those salmon are delivered to a processing plant, 
where an observer would be provided the opportunities to count and 
sample the salmon. Under the proposed rule, all salmon must then be 
discarded or donated to the PSD program. The full retention requirement 
would not modify the observer duties or the method by which NMFS 
calculates fleet-wide Chinook salmon PSC estimates. Observer sampling 
protocols would not be changed, other than the potential that there may 
be an increase in biological sampling at the plants. NMFS would 
continue to calculate Chinook salmon PSC numbers, and would manage PSC 
limits for Chinook salmon, using the existing system of extrapolating 
catch rates from observed vessels to the unobserved portion of the 
pollock fleet.
    Salmon retained under this action may not be kept for sale or 
personal use, and must be discarded or donated to the prohibited 
species donation program, following collection of any scientific data 
or biological samples. This proposed rule would provide an exception to 
mandatory discard requirements if the Chinook salmon were delivered to 
a participant in the PSD program. Once salmon are counted and sampled 
at the processing plant, they may be donated to the PSD program, or 
they must be discarded. A list of participants in the PSD program in 
the GOA is available from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov/ram/psd/salmon072011.pdf.

Proposed Regulatory Amendments

    Several regulatory amendments would be necessary to implement 
Chinook salmon PSC limits in the Central and Western GOA pollock 
fishery under Amendment 93. The proposed rule would (1) Set PSC limits 
for Chinook salmon in the Central and Western GOA Reporting Areas, (2) 
increase observer coverage for all trawl vessels less than 60 feet 
(18.3 m) LOA directed fishing for pollock in the Central and Western 
GOA, and (3) revise retention requirements for all species of salmon in 
the Central and Western GOA pollock trawl fisheries. This proposed rule 
also would make minor changes to the regulations for the PSD program to 
be consistent with Amendment 93 and to provide updates to the reporting 
requirement and decision criteria for PSD program permitting.

Prohibitions

    The proposed rule would add prohibitions under Sec.  679.7(b)(8) to 
regulate discard in the Central and Western GOA directed pollock 
fisheries. Paragraph (b)(8) would be added to expressly prohibit any 
action that does not comply with the regulations described below for 
Sec.  679.21(h). This is necessary to expressly inform fishery 
participants that certain activities are prohibited.

PSC Management

    The proposed rule would revise PSC management measures under Sec.  
679.21 to establish Chinook salmon PSC limits and management measures 
for directed pollock trawl fishing in the Central and Western Reporting 
Areas of the GOA. Paragraph (b)(2)(ii) would be revised to add GOA 
pollock fisheries described under paragraph (h) and PSD program 
clarifications to the exception for immediate sorting and returning to 
the sea of salmon PSC. This is necessary to ensure participants in the 
PSD program may retain salmon for donation purposes and to facilitate 
observer sampling and counting of all salmon. Paragraph (b)(3) would be 
revised to establish that there will not be a rebuttable presumption 
that any salmon retained on board during a directed pollock fishery in 
the Central or Western GOA was caught and retained in violation of 
Sec.  679.21. This is necessary to ensure that vessels that comply with 
the requirement to retain salmon are not presumed to violate Sec.  
679.21. In addition, this is necessary to maintain the existing 
rebuttable presumption that any Chinook salmon retained on board during 
a directed pollock fishery in the GOA outside of the Western and 
Central reporting areas was caught and retained in violation of this 
section.
    The proposed rule would add PSC management measures under Sec.  
679.21(h) to establish Chinook salmon PSC limits for the pollock trawl 
fisheries in the Central and Western GOA. Paragraph (h)(1) would 
specify applicability of regulations in this paragraph to federally 
permitted vessels directed fishing for pollock in the Central and 
Western GOA reporting areas and processors taking deliveries from such 
vessels. Paragraph (h)(2) would establish GOA Chinook salmon PSC 
limits. Paragraph (h)(2)(i) would specify an annual PSC limit of 18,316 
Chinook salmon for vessels engaged in directed fishing for pollock in 
the Central reporting area of the GOA. Paragraph (h)(2)(ii) would 
specify an annual limit of 6,684 Chinook salmon for vessels engaged in 
directed fishing for pollock in the Central reporting area of the GOA. 
Paragraph (h)(3) would set Chinook salmon PSC limits and allocations 
for the Central and Western GOA pollock fisheries C and D seasons in 
2012. The 2012 annual PSC limits would be effective until January 1, 
2013. If the Chinook salmon PSC limits come into effect for only the C 
and D seasons in 2012, paragraphs (h)(3)(i) and (ii) would specify a 
PSC limit of 8,929 Chinook salmon for vessels engaged in directed 
fishing for pollock in the Central reporting area of the GOA and a PSC 
limit of 5,598 Chinook salmon for vessels engaged in directed fishing 
for pollock in the Western reporting area of the GOA for the C and D 
seasons in

[[Page 77762]]

2012. These revisions would be necessary to establish the annual 
Chinook salmon PSC limits and the 2012 C and D season limits 
recommended by the Council and approved by the Secretary.
    Paragraph (h)(4) of Sec.  679.21 would require temporary salmon 
retention in the Central and Western GOA directed pollock fisheries. 
The operator of a vessel and the manager of a shoreside processor or 
stationary floating processor would be prohibited from discarding any 
salmon or transferring or processing any salmon under the PSD program 
at Sec.  679.26, if the salmon were taken incidental to a Central or 
Western GOA directed pollock fishery, until an observer at the 
processing facility is provided the opportunity to estimate the number 
of salmon and to collect any scientific data or biological samples from 
the salmon.
    Paragraph (h)(5) of Sec.  679.21 would require that all salmon, 
except for salmon under the PSD program at Sec.  679.26, must be 
discarded following notification by an observer that the number of 
salmon has been estimated and the collection of scientific data or 
biological samples has been completed. This requirement is necessary to 
ensure observers are provided the opportunity to count salmon and to 
take biological samples and to ensure that the salmon not donated is 
discarded, as required of all PSC.
    Proposed new paragraph (h)(6) of Sec.  679.21 would establish 
Chinook salmon PSC closure management. Closures for pollock fisheries 
using trawl gear would be established, if, during the fishing year, the 
Regional Administrator determines that vessels engaged in directed 
fishing for pollock in the Central or Western GOA will catch the 
Chinook salmon PSC limits specified for that area. NMFS would publish 
notification in the Federal Register closing the applicable regulatory 
area to directed fishing for pollock. This is necessary to allow NMFS 
to manage area closures for the pollock fisheries in the Central and 
Western Regulatory Areas of the GOA based on Chinook salmon PSC 
reaching the Chinook salmon PSC limits for the Central and Western 
Reporting Areas. The State of Alaska would manage the closure of the 
parallel pollock fishery based on the federal closure.

Prohibited Species Donation Program

    This proposed rule would revise Sec.  679.26(c)(1) reporting and 
recordkeeping requirements for the PSD program to add the Central and 
Western GOA pollock fishery to ensure observer sampling of donated 
fish. This is necessary to facilitate the counting and biological 
sampling of donated salmon and to ensure NMFS applies the Chinook 
salmon donated to the PSD program to the PSC limits.
    In addition, the proposed rule would modify the PSD program 
regulations to implement the intent of the program to allow 
participation by all types of near shore, stationary processors for 
halibut donations. It also would revise paragraph (a)(2) of Sec.  
679.26 to include stationary floating processors as eligible to receive 
and process donated halibut. Stationary floating processors are 
generally located near shore and remain in one location and are 
therefore similar to a shoreside processor for purposes of the halibut 
donation program. This proposed revision is necessary to meet the 
Council's intent that halibut that cannot be sorted at sea and 
delivered to a processor located in one location in a near shore area 
may be donated to the PSD program.
    The proposed rule would revise paragraph (b)(1)(xi) of Sec.  679.26 
to clarify information required for the application process to become 
an authorized PSD distributor. This proposed rule would remove the 
requirement that the vessel or processor provide a fax number, as faxes 
are no longer used for communication between NMFS and the vessels or 
processors for the purposes of this program. This revision would reduce 
the reporting burden for the PSD applicant.
    Paragraph (b)(2)(iv) of Sec.  679.26 would be revised to change the 
selection criteria considered by the Regional Administrator in issuing 
a PSD permit. The revision would change the consideration of the 
potential number of groundfish trawl vessels and processors in the 
fishery to the potential number of vessels and processors participating 
in the PSD program. The number of vessels and processors in the 
groundfish fishery is not an important consideration to determine who 
should participate in the program. The number of vessels and processors 
in the PSD program and the capacity of that program for a number of 
participants is a more meaningful consideration for determining 
participation in the program. This revision would focus the 
considerations for issuing a permit on pertinent vessel and processor 
information.

Groundfish Observer Program

    This proposed rule would revise the groundfish observer program 
under Sec.  679.50 to establish observer coverage for pollock vessels 
under 60 feet (18.3 m) LOA in the Central and Western GOA. Paragraph 
(c)(1)(x) would be added to require a catcher/processor or catcher 
vessel less than 60 feet (18.3 m) LOA that participates for more than 
three fishing days in a directed pollock fishery in the Central or 
Western reporting areas of the GOA in a calendar quarter to carry an 
observer during at least 30 percent of its fishing days in that 
calendar quarter and at all times during at least one fishing trip in 
that calendar quarter in the directed pollock fishery in the applicable 
area(s). Vessels less than 60 feet (18.3 m) LOA therefore would be 
required to comply with the 30 percent observer coverage requirements 
while directed fishing for pollock in the Central or Western GOA. This 
would only be effective if the Secretary does not approve and implement 
the restructured observer program recommended by the Council by 2013, 
and would only remain effective until an approved restructured observer 
program is implemented. NMFS anticipates that, if the Secretary 
approves the restructured observer program, the program would not be 
implemented any later than January 1, 2014.

Classification

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

IRFA

    An Initial Regulatory Flexibility Analysis (IRFA) was prepared for 
this action, as required by section 603 of the Regulatory Flexibility 
Act. 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; impacts of the action on 
small entities; and any significant alternatives to the proposed rule 
that would accomplish the stated objectives of the MSA, and any other 
applicable statutes, and would minimize any significant adverse 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

[[Page 77763]]

of the IRFA follows. A copy of the IRFA is available from NMFS (see 
ADDRESSES).
    The entities directly regulated by this proposed action are those 
Federally-permitted or licensed entities that participate in harvesting 
groundfish from the Federal or parallel pollock target fisheries of the 
Central or Western GOA. Fishing vessels are considered small entities 
if their total annual gross receipts, from all their activities 
combined, are less than $4.0 million. The analysis identified 63 
vessels in 2010 that would be affected by this action, 37 catcher 
vessels of which fished for pollock in the Central or Western GOA 
pollock fisheries and are members of a cooperative. These vessels are 
members of an American Fisheries Act cooperative for Bering Sea 
pollock, a rockfish program cooperative in the GOA, a Bering Sea crab 
cooperative, or members of two or more of these cooperatives. The 
remaining 26 vessels are not part of a cooperative and are considered 
to be small entities.
    An IRFA requires a description of any significant alternatives to 
the proposed action(s) that accomplish the stated objectives, are 
consistent with applicable statutes, and that would minimize any 
significant economic impact of the proposed rule on small entities. The 
preferred alternative chosen by the Council and proposed by NMFS has 
several elements: (1) A GOA-wide Chinook salmon PSC limit of 25,000 
fish with closure of directed fishing for pollock if the PSC limit is 
reached; (2) allocation of this limit between the Central and Western 
GOA Reporting Areas considering the historical pollock TACs in the two 
areas, and historical Chinook salmon PSC in the two areas; (3) 
retention of all salmon; and (4) a requirement that pollock trawlers 
less than 60 feet (18.3 m) LOA carry 30 percent observer coverage after 
January 1, 2013. This observer requirement is likely to be moot, or at 
most temporary, if the Secretary approves and NMFS implements a 
requirement for this coverage by January 2013 under the restructured 
observer program.
    During consideration of this action, the Council evaluated a number 
of alternatives to the preferred alternative, including: (1) No action, 
(2) GOA-wide PSC limits of 15,000, 22,500, and 30,000 Chinook salmon, 
(3) alternative ways of allocating the PSC limits between the Central 
and Western Reporting Areas, (4) a 25-percent buffer for the PSC limit 
in one out of three consecutive years, and (5) mandatory bycatch 
reduction cooperatives. None of these alternatives both met the 
objectives of the action, and had a smaller impact on small entities.
    No action would have left the Chinook salmon PSC unlimited, which 
would have failed to meet the objective of the action. The 30,000 GOA-
wide Chinook salmon PSC limit would likewise have failed to 
significantly control Chinook salmon PSC, and therefore failed to 
balance the benefits of the action to the targeted Chinook salmon 
fisheries with the needs of pollock trawlers in the way sought by the 
Council. A Chinook salmon PSC limit of 15,000 would have imposed a 
greater burden on small entities by resulting in constraints on pollock 
fishing beyond the preferred alternative. The Chinook salmon PSC limit 
of 22,500 would be constraining in more years for the Central GOA in 
comparison to the recommended 25,000 PSC limit. The option for a 25-
percent buffer to the PSC limits did not meet the intended objectives 
of reducing Chinook salmon PSC to the extent practicable. Under the 
apportionment options, the Central GOA's proportion of the GOA-wide PSC 
limit ranges from 61 percent to 77 percent, or 9,122 Chinook salmon to 
23,224 Chinook salmon, depending on the overall PSC limit. For the 
Western GOA, the range is from 23 percent to 39 percent, which results 
in a range of 3,388 Chinook salmon to 11,757 Chinook salmon. The 
Council determined lower percentages were unnecessarily constraining to 
the pollock fisheries while larger percentages did not provide the 
incentive to minimize PSC to the extent practicable. The Council 
considered an alternative for the administration of mandatory 
cooperatives, including approval of annual cooperative contracts and 
any penalties for violation of the cooperative agreement. This 
alternative would have needed to be implemented in a manner that 
maintains NMFS' management authority over the fishery. The Council did 
not recommend mandatory cooperatives because the Council was uncertain 
whether NMFS could maintain ultimate management authority over the 
fishery under a system where mandatory cooperatives must develop 
agreements that would effectively limit cooperative members' harvest of 
Chinook salmon PSC, and establish penalties for violations of the 
cooperative agreement.
    The Council developed Chinook salmon PSC limits based on the 
ability of the Central and Western GOA pollock fisheries to harvest the 
full pollock TAC in each reporting area in most years while being 
constrained in years of relatively high Chinook salmon bycatch. In this 
way, the Council would maintain a constraint on the fleet as an 
incentive to reduce bycatch while still allowing for optimum yield from 
the groundfish fishery. The Council's recommended apportionment (73 
percent of the limit for the Central GOA and 27 percent of the limit 
for the Western GOA) divides the total GOA-wide Chinook salmon PSC 
limit between the Central and Western GOA proportional to the 
historical pollock TAC for each reporting area and the average number 
of salmon caught as bycatch in each reporting area, set at an equal 
ratio, with an adjustment intended to prevent either area from bearing 
a disproportionate share of the economic impact of the PSC limit.
    The proposed observer coverage is necessary to monitor the Chinook 
salmon PSC in a way that meets the objectives of the action, and is in 
any event, at most a temporary measure. This would only be effective if 
the Secretary does not approve and implement the restructured observer 
program recommended by the Council by 2013, and would only remain 
effective until an approved restructured observer program is 
implemented. NMFS anticipates that, if the Secretary approves the 
restructured observer program, the program would not be implemented any 
later than January 1, 2014.
    No duplication, overlap, or conflict between this proposed action 
and existing Federal rules has been identified.

Tribal Consultation

    Executive Order (E.O.) 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 108-199 
(188 Stat. 452), as amended by section 518 of Public Law 109-447 (118 
Stat. 3267), extends the consultation requirements of E.O. 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 E.O. 13175 which establishes several requirements for NMFS, 
including: (1) To provide 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

[[Page 77764]]

communities; (2) to reduce the imposition of unfunded mandates on 
Indian tribal governments; and (3) 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.
    Due to the expedited time frame of this action to implement Chinook 
salmon PSC management measures in the GOA, NMFS will consult on this 
action by mailing letters to all Alaska tribal governments, Alaska 
Native corporations, and related organizations (``Alaska Native 
representatives'') by notifying them of the opportunity to comment when 
the Notice of Availability for Amendment 93 and this proposed rule are 
published in the Federal Register.
    Section 5(b)(2)(B) of E.O. 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 93, a tribal impact summary statement that 
summarizes and responds to issues raised 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 93.

Collection-of-Information Requirements

    This proposed rule includes a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This requirement has 
been submitted to OMB for approval, OMB No. 0648-0316, PSD program. 
Public reporting burden for Application to become a NMFS Authorized 
Distributor in the PSD program is estimated to average 13 hours per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    NMFS seeks public comment 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 at 
the ADDRESSES above, and by email 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 that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: December 7, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, 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 part 679 continues to read as 
follows:

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

    2. In Sec.  679.7, add paragraph (b)(8) to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (b) * * *
    (8) Prohibitions specific to salmon discard in the Central and 
Western Reporting Areas of the GOA directed fisheries for pollock. Fail 
to comply with any requirement of Sec.  679.21(h).
* * * * *
    3. In Sec.  679.21,
    A. Revise paragraphs (b)(2)(ii) and (b)(3); and
    B. Add paragraph (h) to read as follows:


Sec.  679.21  Prohibited species bycatch management.

* * * * *
    (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 and GOA pollock 
fisheries under paragraph (c) or (h) of this section, or any prohibited 
species catch as provided (in permits issued) under 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) 
and (h) 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.
* * * * *
    (h) GOA Chinook Salmon PSC Management--(1) Applicability. 
Regulations in this paragraph apply to vessels directed fishing for 
pollock with trawl gear in the Central and Western reporting areas of 
the GOA and processors taking deliveries from these vessels.
    (2) GOA Chinook salmon prohibited species catch (PSC) limits 
(effective January 1, 2013).
    (i) NMFS establishes an annual PSC limit of 18,316 Chinook salmon 
for vessels engaged in directed fishing for pollock in the Central 
reporting area of the GOA.
    (ii) NMFS establishes an annual PSC limit of 6,684 Chinook salmon 
for vessels engaged in directed fishing for pollock in the Western 
reporting area of the GOA.
    (3) Chinook salmon PSC limit for the GOA pollock fishery C and D 
seasons in 2012. (Effective from August 25, 2012 until November 1, 
2012). NMFS establishes the GOA Chinook salmon PSC limits for the 
Central and Western GOA pollock fisheries during the 2012 C and D 
seasons as follows:
    (i) A PSC limit of 8,929 Chinook salmon for vessels engaged in 
directed fishing for pollock in the Central reporting area of the GOA; 
and
    (ii) A PSC limit of 5,598 Chinook salmon for vessels engaged in 
directed fishing for pollock in the Western reporting area of the GOA.
    (4) Salmon retention. 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 Central or Western GOA directed pollock 
fishery, until an observer at the processing facility that takes 
delivery of the catch is provided

[[Page 77765]]

the opportunity to count the number of salmon and to collect any 
scientific data or biological samples from the salmon.
    (5) Salmon discard. Except for salmon under the PSD program at 
Sec.  679.26, all salmon must be discarded, following notification by 
an observer that the number of salmon has been estimated and the 
collection of scientific data or biological samples has been completed.
    (6) Chinook salmon PSC closures in Pollock trawl gear fisheries. 
If, during the fishing year, the Regional Administrator determines that 
vessels engaged in directed fishing for pollock in the Central 
reporting area or Western reporting area of the GOA will catch the 
applicable Chinook salmon PSC limit specified for that reporting area 
under paragraph (h)(2) of this section, NMFS will publish notification 
in the Federal Register closing the applicable regulatory area to 
directed fishing for pollock.
    4. In Sec.  679.26, revise paragraphs (a)(2), (b)(1)(xi) 
introductory text, (b)(1)(xi)(C), (b)(2)(iv), and (c)(1) to read as 
follows:


Sec.  679.26  Prohibited Species Donation Program.

    (a) * * *
    (2) Halibut delivered by catcher vessels using trawl gear to 
shoreside processors and stationary floating processors.
    (b) * * *
    (1) * * *
    (xi) A list of all vessels and processors, and food bank networks 
or food bank distributors participating in the PSD program. The list of 
vessels and processors must include:
* * * * *
    (C) The vessel's or processor's telephone number.
* * * * *
    (2) * * *
    (iv) The potential number of vessels and processors participating 
in the PSD program.
* * * * *
    (c) * * *
    (1) A vessel or processor retaining prohibited species under the 
PSD program must comply with all applicable recordkeeping and reporting 
requirements, including allowing the collection of data and biological 
sampling by an observer prior to processing any fish under the PSD 
program. A vessel or processor participating in the PSD program:
    (i) In the BS pollock fishery must comply with applicable 
regulations at Sec. Sec.  679.7(d) and (k), 679.21(c), and 679.28; and
    (ii) In the Central or Western GOA pollock fishery must comply with 
applicable regulations at Sec. Sec.  679.7(b), 679.21(h) and 679.28.
* * * * *
    5. In Sec.  679.50, add paragraph (c)(1)(x) to read as follows:


Sec.  679.50  Groundfish Observer Program.

* * * * *
    (c) * * *
    (1) * * *
    (x) A catcher/processor or catcher vessel less than 60 ft (18.3 m) 
LOA that participates for more than 3 fishing days in a directed 
pollock fishery (as defined in paragraph (c)(2)(i) of this section) in 
the Central or Western reporting areas of the GOA in a calendar quarter 
must carry an observer during at least 30 percent of its fishing days 
in that calendar quarter in that directed pollock fishery and at all 
times during at least one fishing trip in that calendar quarter in that 
directed pollock fishery.
* * * * *
[FR Doc. 2011-31973 Filed 12-13-11; 8:45 am]
BILLING CODE 3510-22-P