[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Proposed Rules]
[Pages 72571-72593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28633]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-4887-01]
RIN 0648-XD587


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; 2015 and 2016 Harvest Specifications for 
Groundfish

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes 2015 and 2016 harvest specifications, 
apportionments, and prohibited species catch allowances for the 
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) 
management area. This action is necessary to establish harvest limits 
for groundfish during the 2015 and 2016 fishing years, and to 
accomplish the goals and objectives of the Fishery Management Plan for 
Groundfish of the Bering Sea and Aleutian Islands Management Area. The 
intended effect of this action is to conserve and manage the groundfish 
resources in the BSAI in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act.

DATES: Comments must be received by January 7, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0134, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0134, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    Instructions: 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 by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.
    Electronic copies of the Alaska Groundfish Harvest Specifications 
Final Environmental Impact Statement (Final EIS), Record of Decision 
(ROD), Supplementary Information Report (SIR), and the Initial 
Regulatory Flexibility Analysis (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. The final 2013 Stock 
Assessment and Fishery Evaluation (SAFE) report for the groundfish 
resources of the BSAI, dated November 2013, is available from the North 
Pacific Fishery Management Council (Council) at 605 West 4th Avenue, 
Suite 306, Anchorage, AK 99501-2252, phone 907-271-2809, or from the 
Council's Web site at http://alaskafisheries.noaa.gov/npfmc. The draft 
2014 SAFE report for the BSAI will be available from the same sources 
in November 2014.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 
implement the Fishery Management Plan for Groundfish of the Bering Sea 
and Aleutian Islands Management Area (FMP) and govern the groundfish 
fisheries in the BSAI. The Council prepared the FMP and NMFS approved

[[Page 72572]]

it under the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). General regulations governing U.S. fisheries 
also appear at 50 CFR part 600.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species category. The sum TAC for all 
groundfish species must be within the optimum yield (OY) range of 1.4 
million to 2.0 million metric tons (mt) (see Sec.  679.20(a)(1)(i)). 
Section 679.20(c)(1) further requires NMFS to publish proposed harvest 
specifications in the Federal Register and solicit public comments on 
proposed annual TACs and apportionments thereof, prohibited species 
catch (PSC) allowances, prohibited species quota (PSQ) reserves 
established by Sec.  679.21, seasonal allowances of pollock, Pacific 
cod, and Atka mackerel TAC, American Fisheries Act allocations, 
Amendment 80 allocations, and Community Development Quota (CDQ) reserve 
amounts established by Sec.  679.20(b)(1)(ii). The proposed harvest 
specifications set forth in Tables 1 through 17 of this action satisfy 
these requirements.
    Under Sec.  679.20(c)(3), NMFS will publish the final harvest 
specifications for 2014 and 2015 after (1) considering comments 
received within the comment period (see DATES), (2) consulting with the 
Council at its December 2014 meeting, and (3) considering information 
presented in the SIR that assesses the need to prepare a Supplemental 
EIS (see ADDRESSES) and the final 2014 SAFE reports prepared for the 
2015 and 2016 groundfish fisheries.

Other Actions Affecting the 2015 and 2016 Harvest Specifications

    On September 23, 2014 (79 FR 56671), NMFS published the final rule 
to implement Amendment 105 to the FMP, which creates acceptable 
biological catch (ABC) surpluses for three flatfish species: flathead 
sole, rock sole, and yellowfin sole. From these ABC surpluses, ABC 
reserves are derived for each CDQ group and each Amendment 80 
cooperative. These ABC surpluses and ABC reserves are listed in Table 7 
of this proposed rule. Each CDQ group and each Amendment 80 cooperative 
will be able to exchange allocations between the three flatfish species 
during each fishing year, as long as they do not exceed any of their 
ABC reserves. This action is necessary to mitigate the operational 
variability, environmental conditions, and economic factors that may 
constrain the CDQ groups and Amendment 80 cooperatives from achieving, 
on a continuing basis, the optimum yield in the BSAI groundfish 
fisheries.
    NMFS published a proposed rule on July 1, 2014 (79 FR 37486), to 
implement Steller sea lion protection measures in the BSAI. NMFS is 
currently drafting final regulations for this action. These regulations 
are intended to insure that the western distinct population segment of 
Steller sea lions' continued existence is not jeopardized or its 
critical habitat is not destroyed or adversely modified. These 
regulations will alter areas open for directed fishing in the Aleutian 
Islands subarea of the BSAI. They also will alter the harvest 
limitation proposed in these harvest specifications for Atka mackerel, 
Pacific cod, and pollock primarily in the Aleutian Islands subarea of 
the BSAI.
    The Board of Fisheries (BOF) for the State of Alaska (State) 
established a guideline harvest level (GHL) in State waters between 164 
and 167 degrees west longitude in the Bering Sea subarea equal to 3 
percent of the Pacific cod ABC for the BSAI. The action by the State 
does not require a downward adjustment of the proposed 2015 and 2016 
Bering Sea subarea Pacific cod TAC because the combined TAC and GHL 
(260,325 mt) are less than the proposed ABC of 272,000 mt.
    The BOF for the State established a GHL in State waters in the 
Aleutian Islands subarea equal to 3 percent of the Pacific cod ABC for 
the BSAI. The action by the State does not require a downward 
adjustment of the proposed Aleutian Islands subarea Pacific cod TAC 
because the combined TAC and GHL (15,100 mt) equal the proposed ABC of 
15,100 mt.
    Accordingly, the Council will need to consider these GHLs when 
recommending the final 2015 and 2016 BSAI TACs. The Council is expected 
to set the final Bering Sea subarea and Aleutian Islands subarea 
Pacific cod TACs less than the ABCs by amounts that account for these 
2015 and 2016 GHLs. In addition, the Council's BSAI Groundfish Plan 
Team (Plan Team) is reviewing the stock structure of BSAI groundfish 
and may recommend allocating current overfishing levels (OFLs) or ABCs 
by subareas or reporting areas.

Proposed ABC and TAC Harvest Specifications

    At the October 2014 Council meeting, the Scientific and Statistical 
Committee (SSC), Advisory Panel (AP), and Council reviewed the most 
recent biological and harvest information on the condition of the BSAI 
groundfish stocks. The Plan Team compiled and presented this 
information, which was initially compiled by the Plan Team and 
presented in the final 2013 SAFE report for the BSAI groundfish 
fisheries, dated November 2013 (see ADDRESSES). The amounts proposed 
for the 2015 and 2016 harvest specifications are based on the 2013 SAFE 
report, and are subject to change in the final harvest specifications 
to be published by NMFS following the Council's December 2014 meeting. 
In November 2014, the Plan Team will update the 2013 SAFE report to 
include new information collected during 2014, such as NMFS stock 
surveys, revised stock assessments, and catch data. At its December 
2014 meeting, the Council will consider information contained in the 
final 2014 SAFE report, recommendations from the November 2014 Plan 
Team meeting, public testimony from the December 2014 SSC and AP 
meetings, and relevant written comments in making its recommendations 
for the final 2015 and 2016 harvest specifications.
    In previous years, the OFLs and ABCs that have had the most 
significant changes (relative to the amount of assessed tonnage of 
fish) from the proposed to the final harvest specifications have been 
for OFLs and ABCs that are based on the most recent NMFS stock surveys, 
which provide updated estimates of stock biomass and spatial 
distribution, and changes to the models used in the stock assessments. 
These changes are recommended by the Plan Team in November 2014 and are 
included in the final 2014 SAFE report. The final 2014 SAFE report 
includes the most recent information, such as 2014 catch. The final 
harvest specification amounts for these stocks are not expected to vary 
greatly from the proposed specification amounts published here.
    If the final 2014 SAFE report indicates that the stock biomass 
trend is increasing for a species, then the final 2015 and 2016 harvest 
specifications may reflect that increase from the proposed harvest 
specifications. Conversely, if the final 2014 SAFE report indicates 
that the stock biomass trend is decreasing for a species, then the 
final 2015 and 2016 harvest specifications may reflect a decrease from 
the proposed harvest specifications. In addition to changes driven by 
biomass trends, there may be changes in TACs due to the sum of ABCs 
exceeding 2 million mt. Since the FMP requires TACs to be set to an OY 
between 1.4 and 2 million mt, the Council may be required to recommend 
TACs that are lower than the ABCs recommended by the Plan Team, if

[[Page 72573]]

setting TACs equal to ABCs would cause TACs to exceed an OY of 2 
million mt. Generally, ABCs greatly exceed 2 million mt in years with a 
large pollock biomass. NMFS anticipates that, both for 2015 and 2016, 
the sum of the ABCs will exceed 2 million mt. NMFS expects that the 
final total TAC for the BSAI for both 2015 and 2016 will equal 2 
million mt.
    The proposed ABCs and TACs are based on the best available 
biological and socioeconomic data, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
methods used to calculate stock biomass. The FMP specifies a series of 
six tiers to define OFLs and ABCs based on the level of reliable 
information available to fishery scientists. Tier one represents the 
highest level of information quality available while tier six 
represents the lowest.
    In October 2014, the SSC adopted the proposed 2015 and 2016 OFLs 
and ABCs recommended by the Plan Team for all groundfish species. The 
Council adopted the SSC's OFL and ABC recommendations. These amounts 
are unchanged from the final 2015 harvest specifications published in 
the Federal Register on March 4, 2014 (79 FR 12108). The Council 
adopted the AP's TAC recommendations. For 2015 and 2016, the Council 
recommended and NMFS proposes the OFLs, ABCs, and TACs listed in Table 
1. The proposed ABCs reflect harvest amounts that are less than the 
specified OFLs. The sum of the proposed 2015 and 2016 ABCs for all 
assessed groundfish is 2,472,832 mt, which is the same as the final 
2015 ABC total in the final 2014 and 2015 BSAI groundfish harvest 
specifications (79 FR 12108, March 4, 2014).

Specification and Apportionment of TAC Amounts

    The Council recommended proposed TACs for 2015 and 2016 that are 
equal to proposed ABCs for Bering Sea pollock, sablefish, Greenland 
turbot, Kamchatka flounder, Pacific ocean perch, shortraker rockfish, 
rougheye rockfish, Aleutian Islands (AI) ``other rockfish,'' and 
Eastern AI/Bering Sea Atka mackerel. The Council recommended proposed 
TACs for 2015 and 2016 that are less than the proposed ABCs for 
Aleutian Island pollock, Bogoslof pollock, Pacific cod, yellowfin sole, 
arrowtooth flounder, rock sole, flathead sole, Alaska plaice, ``other 
flatfish,'' northern rockfish, Bering Sea ``other rockfish,'' Western 
and Central AI Atka mackerel, skates, sculpins, sharks, squids, and 
octopuses.
    Section 679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be 
set at 19,000 mt when the AI pollock ABC equals or exceeds 19,000 mt. 
The Bogoslof pollock TAC is set to accommodate incidental catch 
amounts. TACs are set so that the sum of the overall TAC does not 
exceed the BSAI OY.
    The proposed groundfish OFLs, ABCs, and TACs are subject to change 
pending the completion of the final 2014 SAFE report and the Council's 
recommendations for final 2015 and 2016 harvest specifications during 
its December 2014 meeting. These proposed amounts are consistent with 
the biological condition of groundfish stocks as described in the 2013 
SAFE report, and are adjusted for other biological and socioeconomic 
considerations. Pursuant to Section 3.2.3.4.1 of the FMP, the Council 
could recommend adjusting the TACs if ``warranted on the basis of 
bycatch considerations, management uncertainty, or socioeconomic 
considerations, or if required in order to cause the sum of the TACs to 
fall within the OY range.'' Table 1 lists the proposed 2015 and 2016 
OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for groundfish for 
the BSAI. The proposed apportionment of TAC amounts among fisheries and 
seasons is discussed below.
BILLING CODE 3510-22-P

[[Page 72574]]

[GRAPHIC] [TIFF OMITTED] TP08DE14.003


[[Page 72575]]


[GRAPHIC] [TIFF OMITTED] TP08DE14.004

BILLING CODE 3510-22-C

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

    Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the 
TAC for each target species category, except for pollock, hook-and-line 
or pot gear allocation of sablefish, and Amendment 80 species, in a 
non-specified reserve. Section 679.20(b)(1)(ii)(B) requires NMFS to 
allocate 20 percent of the hook-and-line or pot gear allocation of 
sablefish to the fixed gear sablefish CDQ reserve. Section 
679.20(b)(1)(ii)(D) requires NMFS to allocate 7.5 percent of the trawl 
gear allocation of sablefish and 10.7 percent of Bering Sea Greenland 
turbot and arrowtooth flounder to the respective CDQ reserves. Section 
679.20(b)(1)(ii)(C) requires NMFS to allocate 10.7 percent of the TACs 
for Atka mackerel, AI Pacific ocean perch, yellowfin sole, rock sole, 
flathead sole, and Pacific cod to the CDQ reserves. Sections 
679.20(a)(5)(i)(A) and 679.31(a) also require allocation of 10 percent 
of the BSAI pollock TACs to the pollock CDQ directed fishing allowance 
(DFA). The entire Bogoslof District pollock TAC is allocated as an ICA 
(see Sec.  679.20(a)(5)(ii)). With the exception of the hook-and-line 
and pot gear sablefish CDQ reserve, the regulations do not further 
apportion the CDQ reserves by gear.
    Pursuant to Sec.  679.20(a)(5)(i)(A)(1), NMFS proposes a pollock 
ICA of 45,288 mt for the Bering Sea subarea pollock TAC after 
subtracting the 10 percent CDQ reserve. This allowance is based on 
NMFS' examination of the pollock incidentally retained and discarded 
catch, including the incidental catch by CDQ vessels, in target 
fisheries other than pollock from 2000 through 2014. During this 15-
year period, the pollock incidental catch ranged from a low of 2.4 
percent in 2006 to a high of 4.8 percent in 2014, with a 15-year 
average of 3.2 percent. Pursuant to Sec.  679.20(a)(5)(iii)(B)(2)(i) 
and (ii), NMFS proposes a pollock ICA of 2,400 mt for the AI subarea 
after subtracting the 10 percent CDQ DFA. This allowance is based on 
NMFS' examination of the pollock incidental catch, including the 
incidental catch by CDQ vessels, in target fisheries other than pollock 
from 2003 through 2014. During this 12-year period, the incidental 
catch of pollock ranged from a low of 5 percent in 2006 to a high of 17 
percent in 2013, with a 12-year average of 8 percent.
    Pursuant to Sec.  679.20(a)(8) and (10), NMFS proposes ICAs of 
5,000 mt of flathead sole, 8,000 mt of rock sole, 3,500 mt of yellowfin 
sole, 10 mt of Western Aleutian District Pacific ocean perch, 75 mt of 
Central Aleutian District Pacific ocean perch, 100 mt of Eastern 
Aleutian District Pacific ocean perch, 40 mt for Western Aleutian 
District Atka mackerel, 75 mt for Central Aleutian District Atka 
mackerel, and 1,000 mt of Eastern Aleutian District and Bering Sea 
subarea Atka mackerel after subtracting the 10.7 percent CDQ reserve. 
These ICAs are based on NMFS' examination of the average incidental 
retained and

[[Page 72576]]

discarded catch in other target fisheries from 2003 through 2014.
    The regulations do not designate the remainder of the non-specified 
reserve by species or species group. Any amount of the reserve may be 
apportioned to a target species that contributed to the non-specified 
reserve, provided that such apportionments do not result in overfishing 
(see Sec.  679.20(b)(1)(i)).

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

    Section 679.20(a)(5)(i)(A) requires that Bering Sea pollock TAC be 
apportioned after subtracting 10 percent for the CDQ program and 4.0 
percent for the ICA as a DFA as follows: 50 percent to the inshore 
sector, 40 percent to the catcher/processor sector, and 10 percent to 
the mothership sector. In the Bering Sea subarea, 40 percent of the DFA 
is allocated to the A season (January 20 to June 10) and 60 percent of 
the DFA is allocated to the B season (June 10 to November 1) (Sec.  
679.20(a)(5)(i)(B)). The AI directed pollock fishery allocation to the 
Aleut Corporation is the amount of pollock remaining in the AI subarea 
after subtracting 1,900 mt for the CDQ DFA (10 percent), and 2,400 mt 
for the ICA (Sec.  679.20(a)(5)(iii)(B)(2)(ii)). In the AI subarea, the 
A season pollock TAC may equal up to 40 percent of the ABC, and the 
remainder of the pollock TAC is allocated to the B season. Table 2 
lists these proposed 2015 and 2016 amounts.
    Section 679.20(a)(5)(i)(A)(4) also includes several specific 
requirements regarding Bering Sea subarea pollock allocations. First, 
8.5 percent of the pollock allocated to the catcher/processor sector 
will be available for harvest by AFA catcher vessels with catcher/
processor sector endorsements, unless the Regional Administrator 
receives a cooperative contract entered into by listed AFA catcher/
processors and all AFA catcher vessels with catcher/processor sector 
endorsements, and the Regional Administrator determines the contract 
provides for the distribution of harvest among AFA catcher/processors 
and AFA catcher vessels in a manner agreed to by all members. Second, 
AFA catcher/processors not listed in the AFA are limited to harvesting 
not more than 0.5 percent of the pollock allocated to the catcher/
processor sector. Table 2 lists the proposed 2015 and 2016 allocations 
of pollock TAC. Tables 14 through 17 list the AFA catcher/processor and 
catcher vessel harvesting sideboard limits. In past years, the proposed 
harvest specifications included text and tables describing pollock 
allocations to the Bering Sea subarea inshore pollock cooperatives and 
open access sector. These allocations are based on the submission of 
AFA inshore cooperative applications due to NMFS on December 1 of each 
calendar year. Because AFA inshore cooperative applications for 2015 
have not been submitted to NMFS, and NMFS therefore cannot calculate 
2015 allocations, NMFS has not included inshore cooperative text and 
tables in these proposed harvest specifications. NMFS will post 2015 
AFA inshore cooperative allocations on the Alaska Region Web site at 
http://alaskafisheries.noaa.gov prior to the start of the fishing year 
on January 1, 2015, based on the harvest specifications effective on 
that date.
    Table 2 also lists proposed seasonal apportionments of pollock and 
harvest limits within the Steller Sea Lion Conservation Area (SCA). The 
harvest of pollock within the SCA, as defined at Sec.  
679.22(a)(7)(vii), is limited to no more than 28 percent of the DFA 
before 12:00 noon, April 1, as provided in Sec.  679.20(a)(5)(i)(C). 
The A season pollock SCA harvest limit will be apportioned to each 
sector in proportion to each sector's allocated percentage of the DFA. 
Table 2 lists these proposed 2015 and 2016 amounts by sector.
BILLING CODE 3510-22-P

[[Page 72577]]

[GRAPHIC] [TIFF OMITTED] TP08DE14.005

BILLING CODE 3510-22-C

Allocation of the Atka Mackerel TACs

    Section 679.20(a)(8) allocates the Atka mackerel TACs to the 
Amendment 80 and BSAI trawl limited access sectors, after subtracting 
the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl 
limited access sector and non-trawl gear (Table 3). The percentage of 
the ITAC for Atka mackerel allocated to the Amendment 80 and BSAI trawl 
limited access sectors is listed in Table 33 to part 679 and in Sec.  
679.91. Pursuant to Sec.  679.20(a)(8)(i), up to 2 percent of the 
Eastern Aleutian District and Bering Sea subarea Atka mackerel ITAC may 
be allocated to jig gear. The percent of this allocation is recommended 
annually by the Council based on several criteria, including the 
anticipated harvest capacity of the jig gear fleet. The Council 
recommended, and NMFS proposes, a 0.5 percent allocation of the Atka 
mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea 
to jig gear in 2015 and 2016. This percentage is applied to the TAC 
after subtracting the CDQ reserve and the ICA. Section 
679.20(a)(8)(ii)(C)(3) limits the annual TAC for Area 542 to no more 
than 47 percent of the Area 542 ABC. Section 679.7(a)(19) prohibits 
retaining Atka mackerel in Area 543, and the proposed TAC is set to 
account for discards in other fisheries.
    Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC 
(including the CDQ reserve) into two equal seasonal allowances. Section 
679.23(e)(3) sets the first seasonal allowance for directed fishing 
with trawl gear from January 20 to June 10 (A season), and the second 
seasonal allowance from June 10 to November 1 (B season). Section 
679.23(e)(4)(iii) applies Atka mackerel

[[Page 72578]]

seasons to CDQ Atka mackerel fishing. The jig gear and ICA allocations 
are not apportioned by season.
    Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) require the Amendment 
80 cooperatives and CDQ groups to limit harvest to 10 percent of their 
Central Aleutian District Atka mackerel allocation, equally divided 
between the A and B seasons within waters 10 nautical miles (nm) to 20 
nm of Gramp Rock and Tag Island, as described on Table 12 to part 679. 
Vessels not fishing under the authority of an Amendment 80 cooperative 
quota or CDQ allocation are prohibited from conducting directed fishing 
for Atka mackerel inside Steller sea lion critical habitat in the 
Central Aleutian District.
    Two Amendment 80 cooperatives have formed for the 2015 fishing 
year. Because all Amendment 80 vessels are part of a cooperative, no 
allocation to the Amendment 80 limited access sector is required. NMFS 
will post 2015 Amendment 80 cooperative allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2015, based on the harvest 
specifications effective on that date.
    Table 3 lists these 2015 and 2016 Atka mackerel season allowances, 
area allowances, and the sector allocations. The 2016 allocations for 
Amendment 80 species between Amendment 80 cooperatives and the 
Amendment 80 limited access sector will not be known until eligible 
participants apply for participation in the program by November 1, 
2015. NMFS will post 2016 Amendment 80 cooperatives and Amendment 80 
limited access allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on 
January 1, 2016, based on the harvest specifications effective on that 
date.
BILLING CODE 3510-22-P

[[Page 72579]]

[GRAPHIC] [TIFF OMITTED] TP08DE14.006

BILLING CODE 3510-22-C

 Allocation of the Pacific Cod TAC

    The Council recommended and NMFS proposes separate BS subarea and 
AI subarea OFLs, ABCs, and TACs for Pacific cod. Section 
679.20(b)(1)(ii)(C) allocates 10.7 percent of the BS TAC and AI TAC to 
the CDQ program. After CDQ allocations have been deducted from the 
respective BS and AI Pacific cod TACs, the remaining BS and AI Pacific 
cod TACs will be combined for calculating further BSAI Pacific cod 
sector allocations. If the non-CDQ Pacific cod TAC is or will be 
reached in either the BS or AI subareas, NMFS will prohibit non-CDQ 
directed

[[Page 72580]]

fishing for Pacific cod in that subarea, as provided in Sec.  
679.20(d)(1)(iii).
    Sections 679.20(a)(7)(i) and (ii) allocate the Pacific cod TAC in 
the combined BSAI TAC, after subtracting 10.7 percent for the CDQ 
program, as follows: 1.4 percent to vessels using jig gear, 2.0 percent 
to hook-and-line and pot catcher vessels less than 60 ft (18.3 m) 
length overall (LOA), 0.2 percent to hook-and-line catcher vessels 
greater than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-
line catcher/processors, 8.4 percent to pot catcher vessels greater 
than or equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/
processors, 2.3 percent to AFA trawl catcher/processors, 13.4 percent 
to non-AFA trawl catcher/processors, and 22.1 percent to trawl catcher 
vessels. The BSAI ICA for the hook-and-line and pot sectors will be 
deducted from the aggregate portion of BSAI Pacific cod TAC allocated 
to the hook-and-line and pot sectors. For 2015 and 2016, the Regional 
Administrator proposes a BSAI ICA of 500 mt, based on anticipated 
incidental catch by these sectors in other fisheries.
    The allocation of the BSAI ITAC for Pacific cod to the Amendment 80 
sector is established in Table 33 to part 679 and Sec.  679.91. Two 
Amendment 80 cooperatives have formed for the 2015 fishing year. 
Because all Amendment 80 vessels are part of a cooperative, no 
allocation to the Amendment 80 limited access sector is required. NMFS 
will post 2015 Amendment 80 cooperative allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2015, based on the harvest 
specifications effective on that date.
    The 2016 allocations for Amendment 80 species between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program by November 1, 2015. NMFS will post 2016 Amendment 80 
cooperatives and Amendment 80 limited access allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2016, based on the harvest 
specifications effective on that date.
    The Pacific cod ITAC is apportioned into seasonal allowances to 
disperse the Pacific cod fisheries over the fishing year (see 
Sec. Sec.  679.20(a)(7) and 679.23(e)(5)). In accordance with Sec.  
679.20(a)(7)(iv)(B) and (C), any unused portion of a seasonal Pacific 
cod allowance will become available at the beginning of the next 
seasonal allowance.
    The CDQ and non-CDQ season allowances by gear based on the proposed 
2015 and 2016 Pacific cod TACs are listed in Table 4 based on the 
sector allocation percentages of Pacific cod set forth at Sec. Sec.  
679.20(a)(7)(i)(B) and 679.20(a)(7)(iv)(A); and the seasonal allowances 
of Pacific cod set forth at Sec.  679.23(e)(5).
BILLING CODE 3510-22-P

[[Page 72581]]

[GRAPHIC] [TIFF OMITTED] TP08DE14.007


[[Page 72582]]



Sablefish Gear Allocation

    Sections 679.20(a)(4)(iii) and (iv) require allocation of sablefish 
TACs for the BS and AI subareas between trawl gear and hook-and-line or 
pot gear. Gear allocations of the TACs for the Bering Sea subarea are 
50 percent for trawl gear and 50 percent for hook-and-line or pot gear. 
Gear allocations for the AI subarea are 25 percent for trawl gear and 
75 percent for hook-and-line or pot gear. Section 679.20(b)(1)(ii)(B) 
requires NMFS to apportion 20 percent of the hook-and-line and pot gear 
allocation of sablefish to the CDQ reserve. Additionally, Sec.  
679.20(b)(1)(ii)(D)(1) requires that 7.5 percent of the trawl gear 
allocation of sablefish from the nonspecified reserves, established 
under Sec.  679.20(b)(1)(i), be assigned to the CDQ reserve. The 
Council recommended that only trawl sablefish TAC be established 
biennially. The harvest specifications for the hook-and-line gear and 
pot gear sablefish Individual Fishing Quota (IFQ) fisheries will be 
limited to the 2015 fishing year to ensure those fisheries are 
conducted concurrently with the halibut IFQ fishery. Concurrent 
sablefish and halibut IFQ fisheries would reduce the potential for 
discards of halibut and sablefish in those fisheries. The sablefish IFQ 
fisheries would remain closed at the beginning of each fishing year 
until the final harvest specifications for the sablefish IFQ fisheries 
are in effect. Table 5 lists the proposed 2015 and 2016 gear 
allocations of the sablefish TAC and CDQ reserve amounts.
[GRAPHIC] [TIFF OMITTED] TP08DE14.008

BILLING CODE 3510-22-C

Allocation of the Aleutian Islands Pacific Ocean Perch, and BSAI 
Flathead Sole, Rock Sole, and Yellowfin Sole TACs

    Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI 
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin 
sole TACs between the Amendment 80 and BSAI trawl limited access 
sectors, after subtracting 10.7 percent for the CDQ reserve and an ICA 
for the BSAI trawl limited access sector and vessels using non-trawl 
gear. The allocation of the ITAC for AI Pacific ocean perch, and BSAI 
flathead sole, rock sole, and yellowfin sole to the Amendment 80 sector 
is established in Tables 33 and 34 to part 679 and in Sec.  679.91.
    Two Amendment 80 cooperatives have formed for the 2015 fishing 
year. Because all Amendment 80 vessels are part of a cooperative, no 
allocation to the Amendment 80 limited access sector is required. NMFS 
will post 2015 Amendment 80 cooperative allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2015, based on the harvest 
specifications effective on that date.
    The 2016 allocations for Amendment 80 species between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program by November 1, 2015. NMFS will post 2016 Amendment 80 
cooperatives and Amendment 80 limited access allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2016, based on the harvest 
specifications effective on that date. Table 6 lists the proposed 2015 
and 2016 allocations of the AI Pacific ocean perch, and BSAI flathead 
sole, rock sole, and yellowfin sole TACs.

[[Page 72583]]

[GRAPHIC] [TIFF OMITTED] TP08DE14.009

    As discussed above under the section, Other Actions Affecting the 
2015 and 2016 Harvest Specifications, NMFS published the final rule to 
implement Amendment 105 to the FMP (79 FR 56671, September 23, 2014). 
Section 679.2 defines the ABC surplus for flathead sole, rock sole, and 
yellowfin sole as the difference between the annual ABC and TAC for 
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for 
flathead sole, rock sole, and yellowfin sole. NMFS, after consultation 
with the Council, may set the ABC reserve at or below the ABC surplus 
for each species, thus maintaining the TAC below ABC limits. An amount 
equal to 10.7 percent of the ABC reserves will be allocated as CDQ 
reserves for flathead sole, rock sole, and yellowfin sole. The 
Amendment 80 ABC reserves shall be the ABC reserves minus the CDQ ABC 
reserves. Section 679.91(i)(2) establishes each Amendment 80 
cooperative ABC reserve to be the ratio of each cooperative's quota 
share (QS) units and the total Amendment 80 QS units, multiplied by the 
Amendment 80 ABC reserve for each respective species. Table 7 lists the 
proposed 2015 and 2016 ABC surplus and ABC reserves for BSAI flathead 
sole, rock sole, and yellowfin sole.
[GRAPHIC] [TIFF OMITTED] TP08DE14.010

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

    Section 679.21(e) sets forth the BSAI PSC limits. Pursuant to Sec.  
679.21(e)(1)(iv) and (e)(2), the 2015 and 2016 BSAI halibut mortality 
limits are 3,675 mt for trawl fisheries, and 900 mt for the non-trawl 
fisheries. Sections 679.21(e)(3)(i)(A)(2) and (e)(4)(i)(A) allocate 326 
mt of the trawl halibut mortality limit and 7.5 percent, or 67 mt, of 
the non-trawl halibut mortality limit as the PSQ reserve for use by the 
groundfish CDQ program.
    Section 679.21(e)(4)(i) authorizes apportionment of the non-trawl 
halibut PSC limit into PSC bycatch allowances among six fishery 
categories. Table 10 lists the fishery bycatch allowances for the trawl 
fisheries, and Table 11 lists the

[[Page 72584]]

fishery bycatch allowances for the non-trawl fisheries.
    Pursuant to section 3.6 of the FMP, the Council recommends, and 
NMFS agrees, that certain specified non-trawl fisheries be exempt from 
the halibut PSC limit. As in past years after consultation with the 
Council, NMFS exempts pot gear, jig gear, and the sablefish IFQ hook-
and-line gear fishery categories from halibut bycatch restrictions for 
the following reasons: (1) The pot gear fisheries have low halibut 
bycatch mortality; (2) NMFS estimates halibut mortality for the jig 
gear fleet to be negligible because of the small size of the fishery 
and the selectivity of the gear; and (3) the sablefish and halibut IFQ 
fisheries have low halibut bycatch mortality because the IFQ program 
requires legal-size halibut to be retained by vessels using hook-and-
line gear if a halibut IFQ permit holder or a hired master is aboard 
and is holding unused halibut IFQ (subpart D of 50 CFR part 679). In 
2014, total groundfish catch for the pot gear fishery in the BSAI was 
29,397 mt, with an associated halibut bycatch mortality of 3 mt.
    The 2014 jig gear fishery harvested about 3 mt of groundfish. Most 
vessels in the jig gear fleet are exempt from observer coverage 
requirements. As a result, observer data are not available on halibut 
bycatch in the jig gear fishery. However, as mentioned above, NMFS 
estimates a negligible amount of halibut bycatch mortality because of 
the selective nature of jig gear and the low mortality rate of halibut 
caught with jig gear and released.
    Under Sec.  679.21(f)(2), NMFS annually allocates portions of 
either 47,591 or 60,000 Chinook salmon PSC among the AFA sectors, 
depending on past catch performance and on whether Chinook salmon 
bycatch incentive plan agreements are formed. If an AFA sector 
participates in an approved Chinook salmon bycatch incentive plan 
agreement, then NMFS will allocate a portion of the 60,000 PSC limit to 
that sector as specified in Sec.  679.21(f)(3)(iii)(A). If no Chinook 
salmon bycatch incentive plan agreement is approved, or if the sector 
has exceeded its performance standard under Sec.  679.21(f)(6), NMFS 
will allocate a portion of the 47,591 Chinook salmon PSC limit to that 
sector as specified in Sec.  679.21(f)(3)(iii)(B). In 2015, the Chinook 
salmon PSC limit is 60,000, and the AFA sector Chinook salmon 
allocations are seasonally allocated, with 70 percent of the allocation 
for the A season pollock fishery and 30 percent of the allocation for 
the B season pollock fishery, as stated in Sec.  679.21(f)(3)(iii)(A). 
The basis for these PSC limits is described in detail in the final rule 
implementing management measures for Amendment 91 (75 FR 53026, August 
30, 2010). NMFS publishes the approved Chinook salmon bycatch incentive 
plan agreements, allocations and reports at: http://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
    Section 679.21(e)(1)(viii) specifies 700 fish as the 2015 and 2016 
Chinook salmon PSC limit for the AI subarea pollock fishery. Section 
679.21(e)(3)(i)(A)(3)(i) allocates 7.5 percent, or 53 Chinook salmon, 
as the AI subarea PSQ for the CDQ program and allocates the remaining 
647 Chinook salmon to the non-CDQ fisheries.
    Section 679.21(e)(1)(vii) specifies 42,000 fish as the 2015 and 
2016 non-Chinook salmon PSC limit in the Catcher Vessel Operational 
Area (CVOA). Section 679.21(e)(3)(i)(A)(3)(ii) allocates 10.7 percent, 
or 4,494, non-Chinook salmon in the CVOA as the PSQ for the CDQ 
program, and allocates the remaining 37,506 non-Chinook salmon to the 
non-CDQ fisheries.
    PSC limits for crab and herring are specified annually based on 
abundance and spawning biomass. Due to the lack of new information as 
of October 2014 regarding Zone 1 red king crab and BSAI herring PSC 
limits and apportionments, the Council recommended and NMFS proposes 
basing the crab and herring 2015 and 2016 PSC limits and apportionments 
on the 2013 survey data. The Council will reconsider these amounts in 
December 2014. Pursuant to Sec.  679.21(e)(3)(i)(A)(1), 10.7 percent of 
each PSC limit specified for crab is allocated as a PSQ reserve for use 
by the groundfish CDQ program.
    Based on 2013 survey data, the red king crab mature female 
abundance is estimated at 19.9 million red king crabs, and the 
effective spawning biomass is estimated at 49.3 million lbs (22,362 
mt). Based on the criteria set out at Sec.  679.21(e)(1)(i), the 
proposed 2015 and 2016 PSC limit of red king crab in Zone 1 for trawl 
gear is 97,000 animals. This limit derives from the mature female 
abundance estimate of more than 8.4 million red king crab and the 
effective spawning biomass estimate of more than 14.5 million lbs 
(6,577 mt), but less than 55 million lbs (24,948 mt).
    Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which 
NMFS must specify an annual red king crab bycatch limit for the Red 
King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS to 
up to 25 percent of the red king crab PSC allowance. NMFS proposes the 
Council's recommendation that the red king crab bycatch limit be equal 
to 25 percent of the red king crab PSC allowance within the RKCSS 
(Table 8). Based on 2013 survey data, Tanner crab (Chionoecetes bairdi) 
abundance is estimated at 946 million animals. Pursuant to criteria set 
out at Sec.  679.21(e)(1)(ii), the calculated 2015 and 2016 C. bairdi 
crab PSC limit for trawl gear is 980,000 animals in Zone 1, and 
2,970,000 animals in Zone 2. These limits derive from the C. bairdi 
crab abundance estimate being in excess of 400 million animals for both 
the Zone 1 and Zone 2 allocations. Pursuant to Sec.  679.21(e)(1)(iii), 
the PSC limit for snow crab (C. opilio) is based on total abundance as 
indicated by the NMFS annual bottom trawl survey. The C. opilio crab 
PSC limit is set at 0.1133 percent of the Bering Sea abundance index 
minus 150,000 crabs. Based on the 2013 survey estimate of 10.005 
billion animals, the calculated limit is 11,185,892 animals.
    Pursuant to Sec.  679.21(e)(1)(v), the PSC limit of Pacific herring 
caught while conducting any trawl operation for BSAI groundfish is 1 
percent of the annual eastern Bering Sea herring biomass. The best 
estimate of 2015 and 2016 herring biomass is 217,153 mt. This amount 
was derived using 2013 survey data and an age-structured biomass 
projection model developed by the Alaska Department of Fish and Game. 
Therefore, the herring PSC limit proposed for 2015 and 2016 is 2,172 mt 
for all trawl gear as listed in Tables 8 and 9.
    Section 679.21(e)(3)(i)(A) requires PSQ reserves to be subtracted 
from the total trawl PSC limits. The amount of the 2015 PSC limits 
assigned to the Amendment 80 and BSAI trawl limited access sectors are 
specified in Table 35 to part 679. The resulting allocations of PSC to 
CDQ PSQ, the Amendment 80 sector, and the BSAI trawl limited access 
sector are listed in Table 8. Pursuant to Sec.  679.21(e)(1)(iv) and 
Sec.  679.91(d) through (f), crab and halibut trawl PSC assigned to the 
Amendment 80 sector is then further allocated to Amendment 80 
cooperatives as PSC cooperative quota, as listed in Table 12. Two 
Amendment 80 cooperatives have formed for the 2015 fishing year. 
Because all Amendment 80 vessels are part of a cooperative, no 
allocation to the Amendment 80 limited access sector is required. NMFS 
will post 2015 Amendment 80 cooperative allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2015, based on the harvest 
specifications effective on that date.

[[Page 72585]]

    The 2016 PSC allocations between Amendment 80 cooperatives and the 
Amendment 80 limited access sector will not be known until eligible 
participants apply for participation in the program by November 1, 
2015. NMFS will post 2016 Amendment 80 cooperatives and Amendment 80 
limited access allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on 
January 1, 2016, based on the harvest specifications effective on that 
date.
    Section 679.21(e)(5) authorizes NMFS, after consulting with the 
Council, to establish seasonal apportionments of PSC amounts for the 
BSAI trawl limited access and Amendment 80 limited access sectors to 
maximize the ability of the fleet to harvest the available groundfish 
TAC and to minimize bycatch. The factors considered are (1) seasonal 
distribution of prohibited species, (2) seasonal distribution of target 
groundfish species, (3) PSC bycatch needs on a seasonal basis relevant 
to prohibited species biomass, (4) expected variations in bycatch rates 
throughout the year, (5) expected start of fishing effort, and (6) 
economic effects of seasonal PSC apportionments on industry sectors. 
The Council recommended and NMFS proposes the seasonal PSC 
apportionments in Table 10 to maximize harvest among gear types, 
fisheries, and seasons while minimizing bycatch of PSC based on the 
above criteria.
BILLING CODE 3510-22-P

[[Page 72586]]

[GRAPHIC] [TIFF OMITTED] TP08DE14.011


[[Page 72587]]


[GRAPHIC] [TIFF OMITTED] TP08DE14.012

BILLING CODE 3510-22-C

Halibut Discard Mortality Rates (DMRs)

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator uses observed halibut bycatch rates, DMRs, 
and estimates of groundfish catch to project when a fishery's halibut 
bycatch mortality allowance or seasonal apportionment is reached. The 
DMRs are based on the best information available, including information 
contained in the annual SAFE report.
    NMFS proposes the halibut DMRs developed and recommended by the 
International Pacific Halibut Commission (IPHC) and the Council for the 
2015 and 2016 BSAI groundfish fisheries for use in monitoring the 2015 
and 2016 halibut bycatch allowances (see Tables 8, 10, 11, and 12). The 
IPHC developed these DMRs for the 2013 to 2015 BSAI fisheries using the 
10-year mean DMRs for those fisheries. The IPHC will analyze observer 
data annually and recommend changes to the DMRs when a fishery DMR 
shows large variation from the mean. A discussion of the DMRs and their 
justification is available from the Council (see ADDRESSES). Table 13 
lists the 2015 and 2016 DMRs.
BILLING CODE 3510-22-P

[[Page 72588]]

[GRAPHIC] [TIFF OMITTED] TP08DE14.013

Listed AFA Catcher/Processor Sideboard Limits

    Pursuant to Sec.  679.64(a), the Regional Administrator is 
responsible for restricting the ability of listed AFA catcher/
processors to engage in directed fishing for groundfish species other 
than pollock, to protect participants in other groundfish fisheries 
from adverse effects resulting from the AFA and from fishery 
cooperatives in the directed pollock fishery. These restrictions are 
set out as ``sideboard'' limits on catch. The basis for these proposed 
sideboard limits is described in detail in the final rules implementing 
the major provisions of the AFA (67 FR 79692, December 30, 2002) and 
Amendment 80 (72 FR 52668, September 14, 2007). Table 14 lists the 
proposed 2015 and 2016 catcher/processor sideboard limits.
    All harvests of groundfish sideboard species by listed AFA catcher/
processors, whether as targeted catch or incidental catch, will be 
deducted from the sideboard limits in Table 14. However, groundfish 
sideboard species that are delivered to listed AFA catcher/processors 
by catcher vessels will not be deducted from the 2015 and 2016 
sideboard limits for the listed AFA catcher/processors.

[[Page 72589]]

[GRAPHIC] [TIFF OMITTED] TP08DE14.014

BILLING CODE 3510-22-C
    Section 679.64(a)(2) and Tables 40 and 41 to part 679 establish a 
formula for calculating PSC sideboard limits for listed AFA catcher/
processors. The basis for these sideboard limits is described in detail 
in the final rules implementing the major provisions of the AFA (67 FR 
79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 
2007), and in the proposed rule (77 FR 72791, December 6, 2012).
    PSC species listed in Table 15 that are caught by listed AFA 
catcher/processors participating in any groundfish fishery other than 
pollock will accrue against the proposed 2015 and 2016 PSC sideboard 
limits for the listed AFA catcher/processors. Section 679.21(e)(3)(v) 
authorizes NMFS to close directed fishing for groundfish other than 
pollock for listed AFA catcher/processors once a proposed 2015 or 2016 
PSC sideboard limit listed in Table 15 is reached.
    Crab or halibut PSC caught by listed AFA catcher/processors while 
fishing for pollock will accrue against the bycatch allowances annually 
specified

[[Page 72590]]

for either the midwater pollock or the pollock/Atka mackerel/``other 
species'' fishery categories, according to regulations at Sec.  
679.21(e)(3)(iv).
[GRAPHIC] [TIFF OMITTED] TP08DE14.015

AFA Catcher Vessel Sideboard Limits

    Pursuant to Sec.  679.64(b), the Regional Administrator is 
responsible for restricting the ability of AFA catcher vessels to 
engage in directed fishing for groundfish species other than pollock, 
to protect participants in other groundfish fisheries from adverse 
effects resulting from the AFA and from fishery cooperatives in the 
directed pollock fishery. Section 679.64(b) establishes formulas for 
setting AFA catcher vessel groundfish and PSC sideboard limits for the 
BSAI. The basis for these sideboard limits is described in detail in 
the final rules implementing the major provisions of the AFA (67 FR 
79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 
2007). Tables 16 and 17 list the proposed 2015 and 2016 AFA catcher 
vessel sideboard limits.
    All catch of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or as incidental catch, will 
be deducted from the 2015 and 2016 sideboard limits listed in Table 16.
BILLING CODE 3510-22-P

[[Page 72591]]

[GRAPHIC] [TIFF OMITTED] TP08DE14.016

    Halibut and crab PSC limits listed in Table 17 that are caught by 
AFA catcher vessels participating in any groundfish fishery other than 
pollock will accrue against the 2015 and 2016 PSC sideboard limits for 
the AFA catcher

[[Page 72592]]

vessels. Sections 679.21(e)(7) and 679.21(e)(3)(v) authorize NMFS to 
close directed fishing for groundfish other than pollock for AFA 
catcher vessels once a proposed 2015 and 2016 PSC sideboard limit 
listed in Table 17 is reached. The PSC that is caught by AFA catcher 
vessels while fishing for pollock in the Bering Sea subarea will accrue 
against the bycatch allowances annually specified for either the 
midwater pollock or the pollock/Atka mackerel/``other species'' fishery 
categories under regulations at Sec.  679.21(e)(3)(iv).
[GRAPHIC] [TIFF OMITTED] TP08DE14.017

BILLING CODE 3510-22-C

Classification

    NMFS has determined that the proposed harvest specifications are 
consistent with the FMP and preliminarily determined that the proposed 
harvest specifications are consistent with the Magnuson-Stevens Act and 
other applicable laws, subject to further review after public comment.
    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Orders 12866 and 13563.
    NMFS prepared an EIS for this action and made it available to the 
public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS 
issued the Record of Decision (ROD) for the Final EIS. A Supplemental 
Information Report (SIR) that assesses the need to prepare a 
Supplemental EIS is being prepared for the final action. Copies of the 
Final EIS, ROD, and SIR for this action are available from NMFS (see 
ADDRESSES). The Final EIS analyzes the environmental consequences of 
the proposed groundfish harvest specifications and alternative harvest 
strategies on resources in the action area. The Final EIS found no 
significant environmental consequences from the proposed action or its 
alternatives.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA), as 
required by section 603 of the Regulatory Flexibility Act, analyzing 
the methodology for establishing the relevant TACs. The IRFA evaluates 
the impacts on small entities of alternative harvest strategies for the 
groundfish fisheries in the exclusive economic zone off Alaska. As set 
forth in the methodology, TACs are set to a level that fall within the 
range of ABCs recommended by the SSC; the sum of the TACs must achieve 
OY specified in the FMP. While the specific numbers that the 
methodology may produce vary from year to year, the methodology itself 
remains constant.
    A description of the proposed action, why it is being considered, 
and the legal basis for this proposed action are contained in the 
preamble above. A copy of the analysis is available from NMFS (see 
ADDRESSES). A summary of the IRFA follows.
    The action under consideration is a harvest strategy to govern the 
catch of groundfish in the BSAI. The preferred alternative is the 
existing harvest strategy in which TACs fall within the range of ABCs 
recommended by the SSC, but, as discussed below, NMFS considered other 
alternatives. This action is taken in accordance with the FMP prepared 
by the Council pursuant to the Magnuson-Stevens Act.
    The entities directly regulated by this action are those that 
harvest groundfish in the exclusive economic zone of the BSAI and in 
parallel fisheries within State waters. These include entities 
operating catcher vessels and catcher/processors within the action area 
and entities receiving direct allocations of groundfish.
    On June 12, 2014, the Small Business Administration issued an 
interim final rule revising the small business size standards for 
several industries effective July 14, 2014 (79 FR 33647, June 12, 
2014). The rule increased the size standard for Finfish Fishing from 
$19.0 million to $20.5 million, Shellfish Fishing from $ 5.0 million to 
$5.5 million, and Other Marine Fishing from $7.0 million to $7.5 
million. The new size standards were used to prepare the IRFA for this 
action. Fishing vessels are considered small entities if their total 
annual gross receipts, from all their activities combined, are less 
than $25.0

[[Page 72593]]

million. The IRFA estimates the number of harvesting vessels that are 
considered small entities, but these estimates may overstate the number 
of small entities because (1) some vessels may also be active as tender 
vessels in the salmon fishery, fish in areas other than Alaska and the 
West Coast, or generate revenue from other non-fishing sources; and (2) 
all affiliations are not taken into account, especially if the vessel 
has affiliations not tracked in available data (i.e., ownership of 
multiple vessel or affiliation with processors) and may be 
misclassified as a small entity. Because the 353 CVs and seven C/Ps 
meet this size standard, they are considered to be small entities for 
the purposes of this analysis.
    The estimated directly regulated small entities include 
approximately 353 catcher vessels, four catcher/processors, and six CDQ 
groups. Some of these vessels are members of AFA inshore pollock 
cooperatives, GOA rockfish cooperatives, or crab rationalization 
cooperatives, which, since under the RFA it is the aggregate gross 
receipts of all participating members of the cooperative that must meet 
the ``under $20.5 million'' threshold, are considered to be large 
entities within the meaning of the RFA. Thus, the estimate of 353 
catcher vessels may be an overstatement of the number of small 
entities. Average gross revenues were $320,000 for small hook-and-line 
vessels, $1.25 million for small pot vessels, and $3.56 million for 
small trawl vessels. Revenue data for catcher/processors is 
confidential; however, in 2013, NMFS estimates that there are four 
catcher/processor small entities with gross receipts less than $20.5.
    The preferred alternative (Alternative 2) was compared to four 
other alternatives. Alternative 1 would have set TACs to generate 
fishing rates equal to the maximum permissible ABC (if the full TAC 
were harvested), unless the sum of TACs exceeded the BSAI OY, in which 
case TACs would have been limited to the OY. Alternative 3 would have 
set TACs to produce fishing rates equal to the most recent 5-year 
average fishing rates. Alternative 4 would have set TACs equal to the 
lower limit of the BSAI OY range. Alternative 5, the ``no action'' 
alternative, would have set TACs equal to zero.
    The TACs associated with the preferred harvest strategy are those 
adopted by the Council in October 2014, as per Alternative 2. OFLs and 
ABCs for the species were based on recommendations prepared by the 
Council's BSAI Plan Team in September 2014, and reviewed and modified 
by the Council's SSC in October 2014. The Council based its TAC 
recommendations on those of its AP, which were consistent with the 
SSC's OFL and ABC recommendations.
    Alternative 1 selects harvest rates that would allow fishermen to 
harvest stocks at the level of ABCs, unless total harvests were 
constrained by the upper bound of the BSAI OY of two million mt. As 
shown in Table 1 of the preamble, the sum of ABCs in 2015 and 2016 
would be about 2,472,832 mt, which falls above the upper bound of the 
OY range. The sum of TACs is equal to the sum of ABCs. In this 
instance, Alternative 1 is consistent with the preferred alternative 
(Alternative 2), meets the objectives of that action, and has small 
entity impacts that are equivalent to the preferred alternative.
    Alternative 3 selects harvest rates based on the most recent 5 
years of harvest rates (for species in Tiers 1 through 3) or for the 
most recent 5 years of harvests (for species in Tiers 4 through 6). 
This alternative is inconsistent with the objectives of this action 
(the Council's preferred harvest strategy), because it does not take 
account of the most recent biological information for this fishery. 
NMFS annually conducts at-sea stock surveys for different species, as 
well as statistical modeling, to estimate stock sizes and permissible 
harvest levels. Actual harvest rates or harvest amounts are a component 
of these estimates, but in and of themselves may not accurately portray 
stock sizes and conditions. Harvest rates are listed for each species 
category for each year in the SAFE report (see ADDRESSES).
    Alternative 4 would lead to significantly lower harvests of all 
species and reduce TACs from the upper end of the OY range in the BSAI, 
to its lower end of 1.4 million mt. Overall, this would reduce 2015 
TACs by about 30 percent, which would lead to significant reductions in 
harvests of species by small entities. While reductions of this size 
would be associated with offsetting price increases, the size of these 
increases is very uncertain. While production declines in the BSAI 
would undoubtedly be associated with significant price increases in the 
BSAI, these increases would still be constrained by production of 
substitutes, and are very unlikely to offset revenue declines from 
smaller production. Thus, this alternative action would have a 
detrimental impact on small entities.
    Alternative 5, which sets all harvests equal to zero, would have a 
significant adverse impact on small entities and would be contrary to 
obligations to achieve OY on a continuing basis, as mandated by the 
Magnuson-Stevens Act.
    The proposed harvest specifications extend the current 2015 OFLs, 
ABCs, and TACs to 2015 and 2016. As noted in the preamble to this rule 
and the IRFA, the Council may modify these OFLs, ABCs, and TACs in 
December 2014, when it reviews the November 2014 SAFE report from its 
groundfish Plan Team, and the December Council meeting reports of its 
SSC and AP. Because 2015 TACs in the proposed 2015 and 2016 harvest 
specifications are unchanged from the 2015 harvest specification TACs, 
NMFS does not expect adverse impacts on small entities. Also, NMFS does 
not expect any changes made by the Council in December 2014 to be large 
enough to have an impact on small entities.
    This action does not modify recordkeeping or reporting 
requirements, or duplicate, overlap, or conflict with any Federal 
rules.
    Adverse impacts on marine mammals resulting from fishing activities 
conducted under these harvest specifications are discussed in the Final 
EIS (see ADDRESSES), and in the 2014 SIR (http://www.alaskafisheries.noaa.gov/analyses/groundfish/041014bsaigoaspecssir.pdf).

    Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C. 
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.

    Dated: December 2, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-28633 Filed 12-5-14; 8:45 am]
BILLING CODE 3510-22-P