[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Proposed Rules]
[Pages 5681-5702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01890]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150629562-6025-01]
RIN 0648-BF25


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

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 110 to the 
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian 
Islands Management Area (FMP). If approved, Amendment 110 and this 
proposed rule would improve the management of Chinook and chum salmon 
bycatch in the Bering Sea pollock fishery by creating a comprehensive 
salmon bycatch avoidance program. This action is necessary to minimize 
Chinook and chum salmon bycatch in the Bering Sea pollock fishery to 
the extent practicable while maintaining the potential for the full 
harvest of the pollock total allowable catch within specified 
prohibited species catch limits. Amendment 110 is intended to promote 
the goals and objectives of the Magnuson-Stevens Fishery Conservation 
and Management Act, the FMP, and other applicable laws.

DATES: Comments must be received no later than March 4, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0081 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-2015-0081, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    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).
    Electronic copies of Amendment 110 and the Environmental 
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA) prepared for this action (collectively the 
``Analysis'') may be obtained from www.regulations.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted by mail to NMFS Alaska Region, P.O. Box 21668, 
Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer; in 
person at NMFS Alaska Region, 709 West 9th Street, Room 420A, Juneau, 
AK; and by email

[[Page 5682]]

to [email protected] or by fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Gretchen Harrington or Alicia Miller, 
907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
Management Area (BSAI) under the FMP. The North Pacific Fishery 
Management Council (Council) prepared the FMP under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1801 et seq. Regulations governing U.S. 
fisheries and implementing the FMP appear at 50 CFR parts 600 and 679.
    This proposed rule would implement Amendment 110 to the FMP. The 
Council has submitted Amendment 110 for review by the Secretary of 
Commerce, and a Notice of Availability (NOA) of this amendment was 
published in the Federal Register on January 8, 2016, with comments 
invited through March 8, 2015 (81 FR 897). Respondents do not need to 
submit the same comments on both the NOA and this proposed rule. All 
relevant written comments received by the end of the applicable comment 
period, whether specifically directed to the FMP amendment, this 
proposed rule, or both, will be considered in the approval/disapproval 
decision for Amendment 110 and addressed in the response to comments in 
the final decision.
    The following sections describe the fisheries and the current 
management programs that would be affected by Amendment 110 and this 
proposed rule: (1) The Bering Sea pollock fishery, (2) salmon bycatch 
in the Bering Sea pollock fishery, (3) importance of salmon in western 
Alaska, (4) management of salmon bycatch in the Bering Sea and Aleutian 
Islands, (5) objectives of and rationale for Amendment 110 and this 
proposed rule, (6) proposed salmon bycatch management measures, (7) 
proposed changes to monitoring and enforcement requirements, and (8) 
other regulatory changes in the proposed rule.

The Bering Sea Pollock Fishery

    Amendment 110 and this proposed rule would apply to owners and 
operators of catcher vessels, catcher/processors, motherships, inshore 
processors, and the six Western Alaska Community Development Quota 
(CDQ) Program groups participating in the pollock (Gadus chalcogrammus) 
fishery in the Bering Sea subarea of the BSAI. Currently, pollock in 
the BSAI is managed in three separate geographic units: The Bering Sea 
subarea, the Aleutian Islands subarea, and the Bogoslof District of the 
Bering Sea subarea. Amendment 110 and this proposed rule only apply to 
management of the pollock fishery in the Bering Sea subarea. Amendment 
110 would not affect the management of pollock fisheries in the 
Aleutian Islands or the status of pollock fishing in the Bogoslof 
District. Therefore, in this proposed rule, the term ``pollock 
fishery'' refers only to the Bering Sea pollock fishery, unless 
otherwise specified.
    The pollock fishery is the largest single species fishery, by 
volume, in the United States. The wholesale gross value of this fishery 
was more than 1.329 billion dollars in 2013, the most recent year of 
complete wholesale value data. The pollock fishery is managed under the 
American Fisheries Act (AFA) (16 U.S.C. 1851 note). In October 1998, 
Congress enacted the AFA, which ``rationalized'' the pollock fishery by 
identifying the vessels and processors eligible to participate in the 
fishery and allocating pollock among those eligible participants. For 
more information on the AFA, please see the final rule implementing the 
AFA (67 FR 79692, December 30, 2002).
    Under the AFA, 10 percent of the pollock total allowable catch 
(TAC) is allocated to the CDQ Program. After the CDQ Program allocation 
is subtracted, an amount needed for the incidental catch of pollock in 
other non-pollock groundfish fisheries is subtracted from the TAC. In 
2015, the pollock TAC was 1,310,000 metric tons (mt). In 2015, the CDQ 
allocation was 131,000 mt of pollock and the incidental catch allowance 
was 47,160 mt. The ``directed fishing allowance'' is the remaining 
amount of pollock, after subtraction of the CDQ Program allocation and 
the incidental catch allowance. The directed fishing allowance is then 
allocated among the AFA inshore sector (50 percent), the AFA catcher/
processor sector (40 percent), and the AFA mothership sector (10 
percent). Annually, NMFS further apportions the pollock allocations to 
the CDQ Program and the AFA sectors between two seasons--40 percent to 
the A season (January 20 to June 10) and 60 percent to the B season 
(June 10 to November 1) (see Sec.  679.20(a)(5)(i)(B)(1)).
    The allocation of pollock to the CDQ sector is further allocated 
among the six non-profit corporations (CDQ groups) that represent the 
65 communities eligible for the CDQ Program under section 305(i)(1)(D) 
of the Magnuson-Stevens Act. The current percentage allocations of 
pollock among the six CDQ groups were approved by NMFS in 2005 based on 
recommendations from the State of Alaska (State). These percentage 
allocations are now the required allocations of pollock among the CDQ 
groups under section 305(i)(1)(B) of the Magnuson-Stevens Act. More 
information about the allocations of pollock, other groundfish, crab, 
and prohibited species (including Chinook salmon) among the six CDQ 
groups is provided in the Federal Register notice that described the 
effect of the 2006 amendments to the Magnuson-Stevens Act on CDQ 
Program allocations (71 FR 51804, August 31, 2006).
    CDQ groups typically sell or lease their pollock allocations to 
harvesting partners, including vessels owned, in part, by the CDQ 
group. Although CDQ groups are not required to partner with AFA-
permitted vessels to harvest CDQ pollock, to date, the vessels 
harvesting CDQ pollock have also been AFA-permitted vessels. 
Specifically, the CDQ pollock allocations have most often been 
harvested by AFA catcher/processors, and to a lesser extent, AFA 
catcher vessels delivering to a mothership. A relatively small amount 
of CDQ pollock has been harvested by AFA catcher vessels delivering to 
inshore processing plants.
    The AFA allows for the formation of fishery cooperatives within the 
non-CDQ sectors. A purpose of these AFA cooperatives is to further 
subdivide each sector's or inshore cooperative's pollock allocation 
among participants in the sector or cooperative through private 
contractual agreements. The cooperatives manage these allocations to 
ensure that individual vessels and companies do not harvest more than 
their agreed upon share. The cooperatives also facilitate transfers of 
pollock among the cooperative members, enforce contract provisions, and 
participate in an intercooperative agreement to minimize non-Chinook 
salmon bycatch and an incentive plan agreement to minimize Chinook 
salmon bycatch.
    Each year, catcher vessels eligible to deliver pollock to the seven 
eligible AFA inshore processors may form inshore cooperatives 
associated with a particular inshore processor. NMFS permits the 
inshore cooperatives, allocates pollock to them, and manages these 
allocations through a regulatory prohibition against an inshore 
cooperative exceeding its pollock allocation. The amount of pollock 
allocated to each inshore cooperative is based on the member vessel's 
pollock catch history from 1995 through 1997, as required under section 
210(b) of the

[[Page 5683]]

AFA (16 U.S.C. 1851 note). These catcher vessels are not required to 
join an inshore cooperative. Those that do not join an inshore 
cooperative are managed by NMFS under the ``inshore open access 
fishery.'' For 2015, seven inshore cooperatives have been formed by AFA 
eligible inshore catcher vessels and their partner inshore processors.
    The AFA catcher/processor sector is made up of the catcher/
processors and catcher vessels eligible under the AFA to deliver to 
catcher/processors. Owners of the catcher/processors that are listed by 
name in the AFA and are still active in the pollock fishery have formed 
a cooperative called the Pollock Conservation Cooperative (PCC). Owners 
of the catcher vessels eligible to deliver pollock to the catcher/
processors have formed a cooperative called the High Seas Catcher's 
Cooperative (HSCC). Collectively, the AFA catcher/processor sector 
operates as a single entity and coordinates the harvesting of its 
pollock allocation. All participants that harvest pollock allocated to 
the catcher/processor sector are members of the two cooperatives, 
except for one participant. Section 208(e)(21) of the AFA expressly 
limits the amount of harvest by the one participant in the catcher/
processor sector who is not a member of a cooperative to 0.5 percent of 
the TAC allocated to the catcher/processor sector.
    The AFA mothership sector is made up of three motherships named in 
the AFA that are eligible to receive and process pollock harvested by 
catcher vessels, and the catcher vessels eligible under the AFA to 
deliver pollock to these motherships. All catcher vessels delivering to 
these three motherships have formed a cooperative called the Mothership 
Fleet Cooperative (MFC). The primary purpose of the cooperative is to 
sub-allocate the mothership sector pollock allocation among the catcher 
vessels authorized to harvest this pollock and to manage these 
allocations.
    The cooperatives control the harvest by their member vessels so 
that the pollock allocation to the sector is not exceeded. However, 
NMFS monitors pollock harvest by all members of the catcher/processor 
sector and mothership sector. NMFS retains the authority to close 
directed fishing for pollock by a sector if vessels in that sector 
continue to fish once the sector's seasonal allocation of pollock has 
been harvested.

Salmon Bycatch in the Bering Sea Pollock Fishery

    Pollock is harvested with fishing vessels using trawl gear, which 
are large nets towed through the water by the vessel. Pollock can occur 
in the same locations as Chinook salmon and chum salmon. Consequently, 
Chinook salmon and chum salmon are incidentally caught in the nets as 
fishermen target pollock.
    Section 3 of the Magnuson-Stevens Act defines bycatch as fish that 
are harvested in a fishery, which are not sold or kept for personal 
use. Therefore, Chinook salmon and chum salmon caught in the pollock 
fishery are considered bycatch under the Magnuson-Stevens Act, the FMP, 
and NMFS regulations at 50 CFR part 679. Bycatch of any species, 
including discard or other mortality caused by fishing, is a concern of 
the Council and NMFS. National Standard 9 and section 303(a)(11) of the 
Magnuson-Stevens Act require the Council to select, and NMFS to 
implement, conservation and management measures that, to the extent 
practicable, minimize bycatch and bycatch mortality.
    The bycatch of culturally and economically valuable species like 
Chinook salmon and chum salmon, which are fully allocated and, in some 
cases, facing conservation concerns, are categorized as prohibited 
species under the FMP. They are the most regulated and closely managed 
category of bycatch in the groundfish fisheries off Alaska, and 
specifically in the BS pollock fishery. In addition to Pacific salmon, 
other species including steelhead trout, Pacific halibut, king crab, 
Tanner crab, and Pacific herring are classified as prohibited species 
in the groundfish fisheries off Alaska. As a prohibited species, 
fishermen must avoid salmon bycatch and any salmon caught must either 
be donated to the Prohibited Species Donation (PSD) Program (see 
regulations at Sec.  679.26), or returned to Federal waters as soon as 
is practicable, with a minimum of injury, after an observer has 
determined the number of salmon and collected any scientific data or 
biological samples.
    The PSD Program was established to reduce the amount of edible 
protein discarded under prohibited species catch (PSC) regulatory 
requirements (see regulations Sec.  679.21). One reason for requiring 
the discard of prohibited species is that some of the fish may live if 
they are returned to the sea with a minimum of injury and delay. 
However, salmon caught incidentally in trawl nets die as a result of 
that capture due to damage they suffer within the nets. The PSD Program 
allows permitted seafood processors to retain salmon bycatch for 
distribution to economically disadvantaged individuals through tax-
exempt hunger relief organizations. Section 4.5.6 of the Analysis 
provides additional detail on the PSD Program and donations received 
and processed through that program.

Chinook Salmon Bycatch

    The pollock fishery catches more than 95 percent of the Chinook 
salmon taken incidentally in the BSAI groundfish fisheries, based on 
data from 1992 through 2014. However, the amount of Chinook salmon 
bycatch taken by the pollock fishery has declined since 2007. From 1992 
through 2001 the average Chinook salmon bycatch in the pollock fishery 
was 32,482 fish per year. Bycatch increased substantially from 2002 
through 2007, to an average of 74,067 Chinook salmon per year. A 
historic high of approximately 122,000 Chinook salmon was taken in the 
pollock fishery in 2007. However, since 2007 Chinook salmon bycatch 
declined substantially to an average of 15,500 Chinook salmon per year 
from 2008 to 2014. The decline is most likely due to a combination of 
factors, including changes in abundance and distribution of Chinook 
salmon and pollock, as well as changes in fleet behavior to avoid 
salmon bycatch.
    In years of historically high Chinook salmon bycatch in the pollock 
fishery (2002 through 2007), the rate of Chinook salmon bycatch 
averaged 52 Chinook salmon per 1,000 tons of pollock harvested. With so 
few salmon relative to the large amount of pollock harvested, Chinook 
salmon encounters are difficult to predict or avoid. Vessel-level 
cooperation to share information about areas of high Chinook salmon 
encounter rates probably is the best tool that the industry currently 
has to quickly identify areas of high bycatch and to avoid fishing 
there. However, it will continue to be difficult to predict when and 
where large amounts of Chinook salmon bycatch will be encountered by 
the pollock fleet, primarily because of the current lack of 
understanding of the biological and oceanographic conditions that 
influence the distribution and abundance of salmon in the areas where 
the pollock fishery occurs.
    Chinook salmon taken in the pollock fishery originate from river 
systems in Alaska, the Pacific Northwest, and Canada. Estimates vary 
from year to year, but on average approximately 65 percent of the 
Chinook salmon bycatch in the pollock fishery may be destined for 
western Alaska. Western Alaska includes the Bristol Bay, Kuskokwim, 
Yukon, and Norton Sound areas. Chinook salmon destined for elsewhere in 
Alaska, the Pacific Northwest, and Canada comprise approximately 28 
percent of the bycatch. Section 3.4 of

[[Page 5684]]

the Analysis provides additional information about Chinook salmon 
biology, distribution, and stock assessments by river system or region 
(see ADDRESSES).

Chum Salmon Bycatch

    The pollock fishery catches over 95 percent of the chum salmon 
taken incidentally as bycatch in the BSAI groundfish fisheries. The 
pollock fishery catches chum salmon almost exclusively in the B season 
(after June 10). The pollock fishery has caught large numbers of chum, 
with a historic high of approximately 700,000 chum salmon taken in 
2005. Since then, bycatch levels in the pollock fishery have been quite 
variable, ranging from a low of 13,280 chum salmon in 2010 to a high of 
309,646 chum salmon in 2006. Average chum salmon bycatch from 2006 
through to 2014 was 115,190 chum salmon. In 2014, the pollock fishery 
caught 219,428 chum salmon.
    Genetic information indicates that the majority of the chum salmon 
caught in the pollock fishery are of Asian origin (approximately 60 
percent) while a smaller percentage (approximately 21 percent) 
originate from aggregate streams in western Alaska. Chum salmon from 
elsewhere in Alaska, the Pacific Northwest, and Canada comprise the 
remaining percentage of the bycatch (approximately 19 percent). While 
the genetics cannot differentiate hatchery-origin fish from wild Asian 
chum salmon, given the high proportion of Pacific Rim hatchery-released 
chum from Japan, much of the Asian origin chum observed in the bycatch 
is likely to be of Asian hatchery-origin. Alaska chum salmon runs have 
indicated a history of volatility in run sizes, and chum salmon stocks 
in Alaska are generally at higher levels of abundance than historical 
periods. Section 3.4 of the Analysis provides additional information 
about chum salmon biology, distribution, and stock assessments by river 
system or region (see ADDRESSES).

Importance of Salmon in Western Alaska

    The Council and NMFS have been concerned about the potential impact 
of Chinook and chum salmon bycatch on returns to western Alaska given 
the relatively large proportion of bycatch from these river systems 
that occurs in the pollock fishery. Chinook salmon and chum salmon 
destined for western Alaska support commercial, subsistence, sport, and 
personal use fisheries. The Alaska Board of Fisheries adopts 
regulations through a public process to conserve salmon and to allocate 
salmon to the various users. The State of Alaska Department of Fish and 
Game manages the salmon commercial, subsistence, sport, and personal 
use fisheries. The first management priority is to meet spawning 
escapement goals to sustain salmon resources for future generations. 
The next priority is for subsistence use under both State and Federal 
law. Salmon is a primary subsistence food in some areas. Subsistence 
fisheries management includes coordination with U.S. Federal agencies 
where Federal rules apply under the Alaska National Interest Lands 
Conservation Act. Section 3.4 of the Analysis provides a detailed 
description of the State and Federal management process. Appendix A-4 
of the Analysis provides an overview of the importance of subsistence 
salmon harvests and commercial salmon harvests.

Management of Salmon Bycatch in the Bering Sea and Aleutian Islands 
(BSAI)

    Over the last 20 years, the Council and NMFS have adopted and 
implemented several management measures to limit salmon bycatch in the 
BSAI trawl fisheries, and particularly in the pollock fishery. 
Management measures have focused on minimizing Chinook salmon bycatch, 
chum salmon bycatch, and non-Chinook salmon bycatch. Non-Chinook 
bycatch is a category that includes all salmon species except Chinook 
salmon, but is comprised predominantly of chum salmon.
    In 1994, the Chum Salmon Savings Area in the eastern Bering Sea was 
established by an emergency rule (59 FR 35476, July 12, 1994). This 
Chum Salmon Savings Area corresponded to a region of historically high 
chum salmon bycatch compared to other areas in the Bering Sea. The 
Council subsequently recommended maintaining the Chum Salmon Savings 
Area under Amendment 35 to the FMP (60 FR 34904, July 5, 1995). 
Amendment 35 closed the Chum Salmon Savings Area to all trawling from 
August 1 through August 31 and established a 42,000 non-Chinook salmon 
PSC limit for trawl vessels operating in the Bering Sea. A PSC limit is 
effectively a bycatch limit; it constrains fishing once the amount of 
PSC is reached. Amendment 35 also established a separate Catcher Vessel 
Operational Area. The Catcher Vessel Operational Area corresponds to 
another region in the eastern Bering Sea where trawl catcher vessels 
had historically been observed to have high non-Chinook salmon (i.e., 
chum salmon) bycatch. Under Amendment 35, if the non-Chinook salmon PSC 
limit was caught in the Catcher Vessel Operational Area between August 
15 and October 14, NMFS prohibited fishing with trawl gear for the 
remainder of the period September 1 through October 14 in the Chum 
Salmon Savings Area. Figure 9 to part 679 shows the Chum Salmon Savings 
Area and Catcher Vessel Operational Area.
    In 1995, NMFS also established the Chinook Salmon Savings Area, 
which was implemented under Amendment 21b to the FMP (60 FR 61215, 
November 29, 1995). The Chinook Salmon Savings Area was established 
based on historic information regarding the location and timing of 
Chinook salmon bycatch. Regulations implementing Amendment 21b 
established annual PSC limits for Chinook salmon and specific seasonal 
no-trawling zones in the Chinook Salmon Savings Area that would close 
when the limits were reached. Once the 48,000 Chinook salmon PSC limit 
was reached, these regulations prohibited trawling in the Chinook 
Salmon Savings Area through April 15.
    In 2000, NMFS implemented Amendment 58 to the FMP, which reduced 
the Chinook Salmon Savings Area PSC limit from 42,000 to 29,000 Chinook 
salmon, redefined the Chinook Salmon Savings Area as two non-contiguous 
areas (Area 1 in the Aleutian Islands subarea and Area 2 in the Bering 
Sea subarea), and established new closure periods (65 FR 60587, October 
12, 2000).
    In 2005, NMFS implemented Amendment 82 to the FMP. Amendment 82 
established the Aleutian Islands Chinook salmon PSC limit of 700 fish. 
If the limit is reached, NMFS will close the directed pollock fishery 
in the Aleutian Islands Chinook Salmon Savings Area (70 FR 9856, March 
1, 2005).
    In 2007, NMFS implemented Amendment 84 to the FMP to enhance the 
effectiveness of salmon bycatch measures. The Council and NMFS were 
concerned that increases in Chinook salmon and non-Chinook 
(predominantly chum) salmon bycatch in the pollock fishery were 
occurring despite Chinook and chum salmon PSC limits being reached and 
the closures of the Chinook Salmon Savings Area and Chum Salmon Savings 
Area (72 FR 61070, October 29, 2007). Amendment 84 exempted pollock 
vessels from Chinook Salmon Savings Area and Chum Salmon Savings Area 
closures if they participate in an intercooperative agreement (ICA) to 
reduce salmon bycatch. Amendment 84 also exempted vessels participating 
in non-pollock trawl fisheries from Chum Salmon Savings Area closures 
because these

[[Page 5685]]

fisheries intercept minimal amounts of salmon. In 2010, NMFS 
implemented Amendment 91 to the FMP to manage Chinook salmon bycatch in 
the pollock fishery (75 FR 53026, August 30, 2010), and to remove 
Chinook salmon from the Amendment 84 regulations. However, Amendment 84 
continues to apply to non-Chinook salmon bycatch.
    The ICA allowed vessels participating in the pollock fishery to use 
their internal cooperative structure to reduce Chinook salmon and non-
Chinook salmon bycatch using a method called the voluntary rolling 
hotspot system. Amendment 84 required that parties to the ICA include 
the AFA cooperatives; the six CDQ groups; at least one third-party 
group, including any organizations representing western Alaskans who 
depend on salmon and have an interest in salmon bycatch reduction but 
do not directly fish in a groundfish fishery; and at least one entity 
retained to facilitate bycatch avoidance behavior and information 
sharing. All AFA cooperatives and CDQ groups participated in the ICA 
and continue to do so to avoid incidentally catching non-Chinook 
salmon.
    Amendment 84 continues to exempt vessels participating in the ICA 
from the Chum Salmon Savings Area closure. Closure of the Chum Salmon 
Savings Area was designed to reduce the total amount of chum salmon 
bycatch by closing areas with historically high levels of chum salmon 
bycatch. The ICA operates in lieu of a fixed area closure, and is 
required to identify and close areas of high salmon bycatch and move 
vessels to other areas.
    Fishery participants provide the ICA with real-time salmon bycatch 
information and the ICA uses that information to inform other fishery 
participants to avoid areas of high non-Chinook salmon bycatch rates. 
Using a system specified in regulations, the ICA assigns vessels in a 
cooperative to certain tiers, based on bycatch rates of vessels in that 
cooperative relative to a base rate established in regulations, and 
implements large area closures for vessels in tiers associated with 
higher bycatch rates. The ICA managers monitor salmon bycatch in the 
pollock fisheries and announce area closures for areas with relatively 
high salmon bycatch rates. Monitoring and enforcement are accomplished 
through private contractual arrangements. The efficacy of voluntary 
closures and bycatch reduction measures are reported to the Council 
annually.
    Amendment 91, as implemented in 2010 to manage Chinook salmon 
bycatch in the pollock fishery (75 FR 53026, August 30, 2010), combined 
a limit on the amount of Chinook salmon that may be caught incidentally 
with a novel approach designed to minimize bycatch to the extent 
practicable in all years and prevent bycatch from reaching the limit in 
most years, while providing the fleet the flexibility to harvest the 
pollock TAC. Amendment 91 removed Chinook salmon from the Amendment 84 
regulations, and established two Chinook salmon PSC limits for the 
pollock fishery--60,000 and 47,591 Chinook salmon. Under Amendment 91, 
the PSC limit is 60,000 Chinook salmon if some, or all, of the pollock 
fishery participates in an industry-developed contractual arrangement, 
called an incentive plan agreement (IPA). An IPA establishes an 
incentive program to minimize bycatch at all levels of Chinook salmon 
abundance. Participation in an IPA is voluntary; however, any vessel or 
CDQ group that chooses not to participate in an IPA is subject to a 
restrictive opt-out allocation (also called a backstop cap). Since 
Amendment 91 was implemented, all AFA vessels have participated in an 
IPA.
    To ensure participants develop effective IPAs, participants provide 
the Council and NMFS an annual report that describes the efforts each 
IPA is taking to accomplish the intent of the program that each vessel 
actively avoids Chinook salmon at all times while fishing for pollock 
and, collectively, that bycatch is minimized in each year. The IPA 
system is designed to be flexible, responsive, and can be tailored by 
each sector to fit its operational needs. The IPAs impose rewards for 
avoiding Chinook salmon bycatch or penalties for failure to avoid 
Chinook salmon bycatch at the vessel level. While the IPAs provide an 
incentive to minimize bycatch in all years to a level below the limit, 
a limit of 60,000 Chinook salmon provides the industry the flexibility 
to harvest the pollock TAC in high-encounter years when bycatch is 
difficult to avoid.
    Since implementation, all the participants in the pollock fishery 
are currently participating in IPA agreements. There are three NMFS-
approved IPA agreements currently in place: the Inshore Chinook Salmon 
Savings Incentive Plan Agreement, the Mothership Salmon Savings 
Incentive Plan Agreement, and the Catcher Processor Chinook Salmon 
Bycatch Reduction Incentive Plan and Agreement. Section 2.1.2.3 of the 
Analysis provides details on the features of the current IPA 
agreements.
    Under Amendment 91, if fishery participants do not form any IPAs, 
the 47,591 Chinook salmon PSC limit applies rather than the 60,000 
Chinook salmon PSC limit. This PSC limit was the approximate 10-year 
average of Chinook salmon bycatch from 1997 to 2006, the years 
considered by the Council and NMFS when developing Amendment 91. The 
47,591 Chinook salmon PSC limit constrains Chinook salmon bycatch in 
the pollock fishery if no other incentives, namely the IPAs, are 
operating to minimize bycatch below this level.
    Both the 60,000 and 47,591 Chinook salmon PSC limits are 
apportioned between the A and B seasons and allocated to the AFA 
catcher/processor sector, the AFA mothership sector, the AFA inshore 
sector, and CDQ Program. NMFS further allocates the AFA inshore sector 
PSC among the inshore cooperative and the CDQ Program PSC among the CDQ 
groups. Chinook salmon PSC allocations made to sectors, inshore 
cooperatives, and the CDQ groups are transferable. Transferability 
mitigates the variation in the salmon encounter rates among sectors, 
inshore cooperatives, and CDQ groups, in a given pollock season. It 
allows eligible participants to obtain a larger portion of the PSC 
allocation in order to harvest their pollock allocation or to transfer 
surplus PSC allocation to other entities. When a Chinook salmon PSC 
allocation is reached, the affected sector, inshore cooperative, or CDQ 
group must stop fishing for pollock for the remainder of the season 
even if its pollock allocation has not been fully harvested.
    Amendment 91 also established a performance standard as an 
additional tool to ensure that the IPA is effective and that the AFA 
sectors and the CDQ Program do not fully harvest their Chinook salmon 
PSC allocations under the 60,000 Chinook salmon PSC limit in most 
years. For an AFA sector or the CDQ Program to continue to receive 
Chinook salmon PSC allocations under the 60,000 Chinook salmon PSC 
limit, that AFA sector or the CDQ Program may not exceed its annual 
threshold amount in any three years within seven consecutive years. If 
this performance standard is not met, that AFA sector or CDQ Program 
will permanently be allocated a portion of the 47,591 Chinook salmon 
PSC limit. The risk of bearing the potential adverse economic impacts 
of a reduction from the 60,000 PSC limit to the 47,591 PSC limit 
creates incentives for fishery participants to cooperate in an 
effective IPA.
    Before each fishing year, NMFS calculates each sector's annual 
threshold amount. If some, but not all, members of a sector were to 
participate in an IPA, NMFS would reduce that

[[Page 5686]]

sector's annual threshold amount by an amount equal to the sum of each 
non-participating vessel's portion of the applicable performance 
standard. At the end of each fishing year, NMFS evaluates each sector's 
annual bycatch against that sector's annual threshold amount. Only the 
bycatch of vessels or CDQ groups participating in an IPA accrue against 
a sector's annual threshold amount. A sector's annual threshold amount 
does not change when vessels from other sectors or entire sectors opt 
out of an IPA or if another sector exceeds its performance standard.
    Additional information the provisions of Amendment 91 are provided 
in the final rule prepared for that action (75 FR 53026, August 30, 
2010).

Objectives of and Rationale for Amendment 110 and This Proposed Rule

    In April 2015, the Council adopted Amendment 110. The objective of 
Amendment 110 and this proposed rule is to create a comprehensive 
salmon bycatch avoidance program that would work more effectively than 
the current salmon bycatch programs to avoid Chinook salmon bycatch and 
Alaska-origin chum salmon bycatch. The Council's action is designed to 
consider the importance of continued production of critical chum salmon 
runs in western Alaska by focusing on bycatch avoidance of Alaskan chum 
salmon runs. These runs have a history of volatility in run sizes, and 
are of historic importance in the subsistence lifestyle of Alaskans. 
Additional protections to other chum stocks outside of Alaska are 
embedded in the Council's objective to avoid the high bycatch of chum 
salmon overall, recognizing that most non-Alaska chum salmon are likely 
from Asian hatcheries.
    The Council recognized that the chum salmon bycatch reduction 
program under Amendment 84 does not meet the Council's objective for 
the pollock fishery to effectively avoid both Chinook salmon and chum 
salmon bycatch. Amendment 84 did not provide the flexibility necessary 
to avoid Chinook salmon when fishermen encountered both species, avoid 
Alaska chum salmon stocks, or to harvest pollock in times and places 
that best support those goals.
    The Council recognized that Chinook salmon are an extremely 
important resource to Alaskans who depend on local fisheries for their 
sustenance and livelihood. Multiple years of historically low Chinook 
salmon abundance have resulted in significant restrictions for 
subsistence users in western Alaska and failure to achieve conservation 
objectives. The current Chinook salmon bycatch reduction program under 
Amendment 91 was designed to minimize bycatch to the extent practicable 
in all years, under all conditions of salmon and pollock abundance. 
While Chinook salmon bycatch impact rates have been low under the 
program, the Council determined that there is evidence that 
improvements could be made to ensure the program is reducing Chinook 
salmon bycatch at low levels of salmon abundance. An analysis of the 
possible improvements is provided in section 3.5.3 of the Analysis.
    The Council considered a broad suite of measures to induce some 
level of behavior change to further avoid salmon bycatch, which is the 
primary objective of this action. Experience has shown that salmon 
avoidance requires flexibility and the ability of vessels to adjust to 
real-time information and fishery conditions. The Council also 
considered the trade-offs between the potential salmon saved and the 
forgone pollock catch.
    In selecting the proposed salmon bycatch avoidance program, the 
Council considered five alternatives, with many options, to assess the 
impacts of minimizing Chinook salmon and chum salmon bycatch to the 
extent practicable while maintaining the potential for the full harvest 
of the pollock TAC. The Analysis contains a complete description of the 
alternatives and a comparative analysis of the potential impacts of the 
alternatives (see ADDRESSES).
    The Council recommended all four action alternatives as Amendment 
110. Amendment 110 would adjust the existing Chinook salmon bycatch 
program to incorporate revised chum salmon bycatch measures into the 
existing IPAs. In addition, the Council sought to provide greater 
incentives to avoid Chinook salmon by strengthening incentives during 
times of historically low Chinook salmon abundance in western Alaska. 
Thus, the management measures included in Amendment 110 focus on 
retaining the incentives to avoid Chinook salmon bycatch at all levels 
of abundance as intended by Amendment 91. The Council also expressed 
that it remains extremely important to provide the incentives to avoid 
Alaska-origin chum salmon while maintaining the flexibility to avoid 
Chinook salmon.
    In developing Amendment 110, the Council and NMFS considered 
consistency with the Magnuson-Stevens Act's 10 National Standards and 
sought to balance the competing demands of the National Standards. 
Specifically, the Council and NMFS 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 
minimize bycatch to the extent practicable. National Standard 1 
requires that conservation and management measures prevent overfishing 
while achieving, on a continuing basis, the optimum yield from each 
fishery for the U. S. fishing industry. Amendment 110 meets National 
Standards 1 and 9, as well as the other eight National Standards. 
Amendment 110 also retains the structure and meets the original goals 
of Amendment 91, but makes improvements by providing greater incentives 
to minimize salmon bycatch in all conditions of abundance, while also 
providing a reasonable opportunity to harvest the full pollock TAC each 
year and to achieve the optimum yield for pollock over the long term.
    The provisions of Amendment 110, and the rational for each 
provision, are described in the following section on the proposed 
salmon bycatch management measures.

Proposed Salmon Bycatch Management Measures

    Amendment 110 and this proposed rule would--
     incorporate chum salmon avoidance into the IPAs 
established under Amendment 91 to the FMP, and remove the non-Chinook 
salmon bycatch reduction ICA previously established under Amendment 84 
to the FMP;
     modify the requirements for the content of the IPAs to 
increase the incentives for fishermen to avoid Chinook salmon;
     change the seasonal apportionments of the pollock TAC to 
allow more pollock to be harvested earlier in the year;
     reduce the Chinook salmon PSC limit and performance 
standard in years with low Chinook salmon abundance in western Alaska; 
and
     improve the monitoring of salmon bycatch in the pollock 
fishery.

Incorporate Chum Salmon Avoidance Into the Incentive Plan Agreements 
(IPAs)

    Currently, Chinook salmon and chum salmon bycatch are managed under 
two different programs (Amendment 84 for chum salmon bycatch and 
Amendment 91 for Chinook salmon bycatch). This has created 
inefficiencies, as having separate programs does not allow participants 
in the pollock fishery the flexibility to modify harvest patterns

[[Page 5687]]

and practices to effectively minimize both Chinook salmon and chum 
salmon bycatch. Adding chum salmon measures to the IPAs would increase 
flexibility in responding to changing conditions and provide greater 
incentives to reduce bycatch of both salmon species, thereby making 
salmon bycatch management more effective, comprehensive, and efficient. 
The chum salmon-specific requirements in the Amendment 84 implementing 
regulations sometimes prevent fishery participants from making 
decisions to avoid Chinook salmon when vessels encounter both chum 
salmon and Chinook salmon.
    Amendment 110 and this proposed rule would incorporate chum salmon 
avoidance into the IPAs established under Amendment 91. This proposed 
rule would remove the Amendment 84 implementing regulations by removing 
Sec.  679.21(g). However, Amendment 110 and this proposed rule would 
maintain the current non-Chinook salmon PSC limit of 42,000 fish and 
the closure of the Chum Salmon Savings Area to the pollock fishery when 
the 42,000 non-Chinook salmon PSC limit has been reached (see the above 
section Management of Salmon Bycatch in the Bering Sea and Aleutian 
Islands (BSAI) for more detail on the existing salmon regulations). 
Vessels that participate in an IPA would be exempt from the Chum Salmon 
Savings Area closure. The purpose of maintaining the non-Chinook salmon 
PSC limit and the Chum Salmon Savings Area closure is to provide 
additional incentives for vessels to join an IPA, and to serve as back-
stop chum salmon measures for those vessels that choose not to 
participate in an IPA.
    Incorporating chum salmon into the IPAs meets the purpose of this 
action by providing measures to prevent high chum salmon bycatch, while 
also giving participants in the pollock fishery the flexibility to 
avoid Alaska chum stocks, and to use coordinated management under the 
IPAs to adapt quickly to changing conditions. The Council determined 
and NMFS agreed that this action for chum bycatch would strike an 
appropriate balance between regulatory requirements and adaptive 
management.
    To incorporate chum salmon into the IPAs, the proposed rule would 
modify the required contents of the IPAs at Sec.  679.21(f)(12), to 
include the following:
     The incentives for the operator of each vessel to avoid 
Chinook salmon and chum salmon bycatch under any condition of pollock 
and Chinook salmon abundance in all years.
     An explanation of how the incentives to avoid chum salmon 
do not increase Chinook salmon bycatch.
     The rewards for avoiding Chinook salmon, and the penalties 
for failure to avoid, Chinook salmon at the vessel level.
     An explanation of how the incentive measures in the IPA 
are expected to promote reductions in a vessel's Chinook salmon and 
chum salmon bycatch rates relative to what might have occurred in 
absence of the incentive program.
     An explanation of how the incentive measures in the IPA 
promote Chinook salmon savings and chum salmon savings in any condition 
of pollock abundance or Chinook salmon abundance in a manner that is 
expected to influence operational decisions by vessel operators to 
avoid Chinook salmon and chum salmon.
     An explanation of how the IPA ensures that the operator of 
each vessel governed by the IPA will manage that vessel's Chinook 
salmon bycatch to keep total bycatch below the performance standard for 
the sector in which the vessel participates.
     An explanation of how the IPA ensures that the operator of 
each vessel governed by the IPA will manage that vessel's chum salmon 
bycatch to avoid areas and times where the chum salmon are likely to 
return to western Alaska.
     The rolling hot spot program for salmon bycatch avoidance 
and the agreement to provide notifications of closure areas and any 
violations of the rolling hot spot program to at least one third party 
group representing western Alaskans who depend on salmon and do not 
directly fish in a groundfish fishery.
    Amendment 110 and this proposed rule would maintain the important 
chum salmon avoidance features of the Amendment 84 ICAs. Amendment 110 
and this proposed rule would: (1) Ensure that the operator of each 
vessel governed by the IPA will manage that vessel's chum salmon 
bycatch to avoid areas and times where the chum salmon are likely to 
return to western Alaska, (2) require the use of the rolling hot spot 
program for salmon bycatch avoidance, and (3) require notifications of 
closure areas and any violations of the rolling hot spot program to at 
least one third party group representing western Alaskans. Because 
Amendment 110 and this proposed rule would require a rolling hot spot 
program for both Chinook and chum salmon, the notification process 
would apply for both species. This proposed rule would also add 
reporting requirements to the IPA Annual Report in regulations at Sec.  
679.21(f)(13) to require the IPA representative to describe how the IPA 
addresses the goals and objectives in the IPA provisions related to 
chum salmon. Section 3.5.2 of the Analysis provides more detail on 
adding elements of chum salmon management.

Modify the IPAs To Increase the Incentives to Avoid Chinook Salmon

    Amendment 110 and this proposed rule would modify the IPAs to 
increase the incentives for fishermen to avoid Chinook salmon. The 
Council and NMFS recognize that the IPAs were effective at providing 
incentives for each vessel to avoid Chinook salmon, but that additional 
measures were necessary to address higher Chinook salmon PSC rates 
observed in October (the last month when the pollock fishery is 
authorized to operate) and to address concerns with individual vessels 
that consistently have significantly higher Chinook salmon PSC rates 
relative to other vessels fishing at the same time. The Council and 
NMFS wanted to ensure the use of salmon excluder devices (i.e., gear 
modifications that are designed to exclude salmon bycatch while 
retaining pollock) and a rolling hotspot program. The proposed new 
provisions described below are intended to provide an opportunity for 
IPAs to increase their responsiveness in October, and improve 
performance of individual vessels.
    These new provisions would increase the incentives to reduce 
Chinook salmon bycatch within the IPAs. To incorporate additional 
incentives for Chinook salmon savings into the IPAs, the proposed rule 
would modify the required contents of the IPAs at Sec.  679.21(f)(12) 
to include the following six provisions.
     Restrictions or penalties targeted at vessels that 
consistently have significantly higher Chinook salmon PSC rates 
relative to other vessels fishing at the same time.
     Requirement that vessels to enter a fishery[hyphen]wide 
in[hyphen]season salmon PSC data sharing agreement.
     Requirement for the use of salmon excluder devices, with 
recognition of contingencies, from January 20 through March 31 and from 
September 1 until the end of the B season.
     Requirement for a rolling hotspot program that operates 
throughout the entire A and B seasons.
     For savings-credit-based IPAs, limititation on the salmon 
savings credits to maximum of three years.
     Restrictions or performance criteria to ensure that 
Chinook salmon PSC rates in October are not significantly higher than 
those achieved in the preceding months, thereby avoiding late-season 
spikes in salmon PSC.
    Restrictions or penalties targeted at vessels that consistently 
have

[[Page 5688]]

significantly higher Chinook salmon PSC rates. To reduce the potential 
for a vessel to consistently maintain higher rates of Chinook salmon 
PSC than other vessels fishing at the same time (i.e., an outlier), 
Amendment 110 and this proposed rule would incorporate additional 
restrictions or penalties targeted at individual vessels that 
consistently have significantly higher PSC rates as a way for IPAs to 
increase their responsiveness and improve an individual vessel's 
performance. Restrictions or penalties targeted at the outliers have 
the potential to induce changes in fishing behaviors. Strong incentives 
will induce vessel operators to change where they fish to avoid Chinook 
salmon bycatch. Changes in fishing patterns can involve several 
different behaviors: Avoiding an area that has historically or recently 
had high bycatch; using and sharing more information on high-bycatch 
areas; and moving immediately once high bycatch has been observed. 
Section 3.5.3.1 of the Analysis provides more detail on this addition 
to the IPA requirements.
    Require vessels to enter a fishery-wide in-season salmon PSC data 
sharing agreement. Information sharing is a core component of the IPA 
agreements for all sectors. While unlikely, communication about salmon 
bycatch could be withheld or distorted with the new incentives that 
would reward or punish vessels based on their relative performance. In 
order to reduce this possibility, Amendment 110 and this proposed rule 
would require the IPAs to require sharing information on PSC. PSC data 
is not confidential. Section 3.5.3.1 of the Analysis provides more 
detail on this addition to the IPA requirements.
    Require use of a salmon excluder device. Salmon excluder devices 
are modifications to trawl gear that allow salmon to escape the trawl 
net while the net is in the water. The majority of pollock fishermen in 
the Bering Sea regularly use salmon excluder devices as part of the 
steps taken by the fishery to reduce its salmon bycatch. Amendment 110 
and this proposed rule would require that IPAs require all vessels to 
use a salmon excluder device from January 20 through March 31, and from 
September 1 until the end of the B season. This is the time when there 
is a potential for pollock fishermen to encounter Chinook salmon 
bycatch. Salmon excluder devices would not be required in the few 
remaining months of the pollock season when Chinook salmon are not 
typically encountered.
    The Council and NMFS also recognize that contingencies exist when 
vessels cannot use excluder devices. Trawl gear can have problems; 
therefore, salmon excluder devices would not be required during rare 
occasions such as when a net tears or a spare excluder device is not 
available. In order to allow for innovation that might lead to the 
development of better excluder devices, the requirement to use a salmon 
excluder device does not specify the type of design. Section 3.5.3.2 of 
the Analysis provides more detail on this addition to the IPA 
requirements (see ADDRESSES).
    Require a rolling hotspot program. A Chinook salmon rolling hotspot 
program is a component of the current IPAs, however, it is not a 
mandatory requirement. The catcher/processor IPA and the mothership IPA 
have a rolling hotspot program in place throughout the year. The 
inshore IPA has a rolling hotspot program that can be suspended during 
the season. This provision would require all IPAs to have a rolling hot 
spot program that operates throughout the entire A and B seasons. This 
provision would also require notifications of closure areas and any 
violations of the rolling hot spot program to at least one third party 
group representing western Alaskans, consistent with the requirement 
for the chum salmon rolling hotspot program. This notification 
provision, which is an important feature of the current Amendment 84 
ICAs, would not entail the release of any confidential data. Section 
3.5.3.3 of the Analysis provides more detail on this addition to the 
IPA requirements (see ADDRESSES).
    Limit the use of salmon savings credits to a maximum of three 
years. The inshore IPA and mothership IPA allow vessels to earn credits 
by avoiding salmon in one year, which they can use in the future to 
fish above the vessel or mothership platform's share of the performance 
standard for a limited number of years. In no case can credits saved in 
the inshore IPA or mothership IPA allow that sector to exceed its 
annual allocation of Chinook salmon PSC. Savings credits can only be 
used by vessels within an IPA up to the overall allocation for the AFA 
mothership sector or inshore cooperative.
    For IPAs based on savings credits, Amendment 110 and this proposed 
rule would limit the amount of time savings credits could be used to 
three years after the year that the savings credits are earned. The 
Council and NMFS reviewed the use of savings credits and concluded that 
limiting the duration of credits to three years would likely increase 
the incentive to earn credits and increase the incentive to reduce 
Chinook salmon PSC. Section 3.5.3.4 of the Analysis provides more 
detail on this addition to the IPA requirements (see ADDRESSES).
    Restrictions or performance criteria to prevent significantly 
higher Chinook salmon PSC rates in October. The purpose of this 
provision is for the IPAs to implement restrictions or criteria 
designed to ensure that vessels do not have ``excessive'' bycatch late 
in October. Chinook salmon bycatch rates are generally higher in 
October. This provision would strengthen incentives to fish early in 
the B season and provide greater flexibility to vessels to catch their 
pollock quota while ensuring vessels do not have excessively high 
Chinook salmon bycatch late in the season. Section 3.5.3.5 of the 
Analysis provides more detail on this addition to the IPA requirements 
(see ADDRESSES).

Revise the Bering Sea Pollock Seasonal Allocations

    This proposed rule would change the pollock allocation between the 
A and B seasons at Sec.  679.20(a)(5)(i)(B)(1). Five percent of the 
pollock allocation for the B season would be reallocated to the A 
season for new seasonal apportionments of 45 percent in the A season 
and 55 percent in the B season. The proposed rule maintains the 
rollover of any remaining pollock from the A season to the B season. 
The Council recognized that shifting a limited amount of pollock to the 
A season would relieve some fishing pressure in the B season and allow 
the fleet more flexibility to change fishing practices to avoid salmon 
bycatch while harvesting the pollock TAC. Additionally, because pollock 
is more valuable in the A season, this allocation change may increase 
the value of pollock and offset the costs associated with avoiding 
salmon bycatch.
    Revising the season allocation would work in conjunction with the 
new IPA requirements to shift effort out of the late B season and 
provide fishery participants more flexibility to avoid Chinook salmon 
PSC in the late B season. Both the research on salmon migration 
patterns and Chinook salmon bycatch rates show the time at which there 
is the greatest overlap with Chinook salmon and pollock fishing. In 
general, more Chinook salmon are on the grounds in the early A season 
and the late B season, and less Chinook salmon on the grounds during 
the late A season and early B season. This provision is intended to 
shift pollock effort away from these high overlap periods and allow for 
more effort during the low overlap periods. With the existing rollover 
provision, this adjustment in the seasonal allocation of pollock does 
not mandate that more

[[Page 5689]]

pollock be harvested in the A season, but it does provide the 
flexibility for up to 5 percent more pollock to be harvested in times 
when salmon PSC is lower. Section 3.5.4 of the Analysis provides more 
detail on this addition to the IPA requirements (see ADDRESSES).

Reduce the Chinook Salmon Performance Standard and PSC Limit in Years 
of Low Chinook Salmon Abundance in Western Alaska

    Amendment 110 and this proposed rule would add a new lower Chinook 
salmon performance standard and PSC limit for the pollock fishery in 
years of low Chinook salmon abundance in western Alaska. The Council 
and NMFS determined that a lower performance standard and PSC limit 
would be appropriate at low levels of Chinook salmon abundance in 
western Alaska to accommodate the fact that most of the Chinook salmon 
bycatch comes from western Alaska. These provisions would work in 
conjunction with the proposed changes to the IPA requirements to ensure 
that Chinook salmon bycatch is avoided at all times, particularly at 
low abundance levels.
    Each year, NMFS would determine whether Chinook salmon was at low 
abundance based on information provided by the State. By October 1 of 
each year, the State would provide an index of abundance based on the 
post-season in-river Chinook salmon run size for the Kuskokwim, 
Unalakleet, and Upper Yukon aggregate stock grouping. When this index 
is less than or equal to 250,000 Chinook salmon, the new lower 
performance standard and low PSC limit would apply.
    The Council and State conducted an extensive analysis about the 
appropriate index to use to indicate a low Chinook salmon abundance 
year. Low Chinook salmon abundance years are years characterized by 
difficulty meeting escapement goals and in-river salmon fisheries being 
severely restricted or fully closed. Section 2.6 of the Analysis 
evaluates various indices and shows that the 3-system index 
(Unalakleet, Upper Yukon, and Kuskokwim river systems) meets the 
objectives. These river systems provide a broad regional representation 
of stocks and signify very important river systems and subsistence 
fisheries in western Alaska. Subsistence harvests from these three 
river systems account for up to 87 percent of the statewide subsistence 
harvest of Chinook salmon. As shown in the Analysis, having more than 
one system in the index and having broad regional representation makes 
the index more robust. The Analysis also shows a clear natural break in 
the data that index sizes less than 250,000 Chinook salmon correspond 
to years with historically low run sizes.
    If NMFS determines it was a low Chinook salmon abundance year, NMFS 
would set the performance standard at 33,318 Chinook salmon and the PSC 
limit at 45,000 Chinook salmon for the following pollock fishing year. 
NMFS would publish the lower PSC limit and performance standard in the 
annual harvest specifications. In years when abundance is above 250,000 
Chinook salmon, NMFS would manage under the current 47,591 Chinook 
salmon performance standard and 60,000 Chinook salmon PSC limit 
established under Amendment 91.
    The performance standard of 33,318 Chinook salmon would function 
the same as the existing performance standard of 47,591 Chinook salmon 
under Amendment 91. The 33,318 performance standard would apply to each 
sector that has at least some members participating in an IPA. In each 
low Chinook salmon abundance year, NMFS would allocate the 33,318 
performance standard as an ``annual threshold amount'' to the catcher/
processor sector, the mothership sector, the inshore sector, and the 
CDQ Program. The same seasonal and sector apportionments would apply to 
both performance standards. Although Chinook salmon PSC allocations are 
made to the inshore cooperatives and the CDQ groups, the performance 
standard applies to the sector, not to individual inshore cooperatives 
or CDQ groups. In addition to participation by at least some members in 
an IPA, for each sector to continue to receive its allocation of the 
45,000 Chinook salmon PSC limit in low Chinook salmon abundance years, 
the total annual Chinook salmon bycatch by all members of a sector 
participating in an IPA could not exceed the sector's annual threshold 
amount (the sector's annual portion of the performance standard) in any 
three years within a consecutive seven-year period. The 33,318 
performance standard would also be the PSC limit in low abundance years 
if no IPA was approved or for a sector that had exceeded its 
performance standard.
    If there is an approved IPA, then the PSC limit in low Chinook 
salmon abundance years would be 45,000 Chinook salmon. The 45,000 PSC 
limit would function the same as the 60,000 Chinook salmon PSC limit 
under Amendment 91. NMFS would issue allocations of the 45,000 PSC 
limit to the AFA catcher/processor sector, the AFA mothership sector, 
the AFA inshore cooperatives, and the CDQ groups using the same 
seasonal and sector apportionments. Separate allocations would be 
issued for the A season and the B season. Chinook salmon remaining from 
the A season could be used in the B season (``rollover''). Entities 
could transfer PSC allocations within a season and could also receive 
transfers of Chinook salmon bycatch to cover overages (``post-delivery 
transfers'').
    The inclusion of a lower PSC limit and performance standard is 
based on the need to reduce bycatch when these Chinook salmon stocks 
are critically low in order to minimize the impact of the pollock 
fishery on the stocks. Any additional Chinook salmon returning to 
Alaska rivers improves the ability to meet the State's spawning 
escapement goals, which is necessary for long-term sustainability of 
Chinook salmon and the people reliant on salmon fisheries. While the 
performance standard is the functional limit in the IPAs, the Council 
and NMFS determined that the 60,000 PSC limit should also be reduced 
given the potential for decreased bycatch reduction incentives should a 
sector exceed its performance standard before the PSC limit is reached. 
The reduced PSC limit is intended to encourage vessels to avoid bycatch 
to a greater degree in years of low abundance, and to set a maximum 
permissible PSC limit that reduces the risk of adverse impact on stocks 
in western Alaska during periods of low abundance.

Proposed Changes to Monitoring and Enforcement Requirements

    This proposed rule would amend the monitoring and enforcement 
regulations to clarify and strengthen those implemented by Amendment 
91. These changes would: Revise salmon retention and handling 
requirements on catcher vessels; improve observer data entry and 
transmission requirements aboard catcher vessels; clarify the 
requirements applicable to viewing salmon in a storage container; and 
clarify the requirements for the removal of salmon from an observer 
sample area at the end of a haul or delivery.

Salmon Retention and Handling on Catcher Vessels

    Current catch handling practices on catcher vessels includes the 
delivery of ``deckloaded'' pollock to shoreside processors or 
stationary floating processors. Deckloading is the practice of 
retaining catch in the codend of the net rather than dumping the catch 
in refrigerated saltwater tanks (RSW). For reasons detailed in the 
Section 2.7 of the Analysis, NMFS has recognized deckloading as a 
historic and operationally important practice for

[[Page 5690]]

catcher vessels participating in the pollock fishery. This proposed 
rule would move regulations currently at Sec.  679.21(c) to Sec.  
679.21(f)(15), modify regulations currently at Sec.  679.21(c)(2)(ii) 
to remove the requirement to store all salmon bycatch in an RSW, which 
is not possible when a vessel's catch exceeds the storage capacity of 
the RSW tanks, and add the following requirements at Sec.  
679.21(f)(15)(ii)(B) to clarify catch handling, sorting, and storage 
requirements on board catcher vessels:
    (1) All salmon must be retained until delivery to the processor.
    (2) The vessel operator must notify the observer at least 15 
minutes prior to the transfer of fish from one storage location to 
another, or any sorting, handling, or discard of catch prior to 
delivery.
    (3) After the observer has completed sampling duties, catch must be 
secured on board the vessel until delivery. (Catch may be handled after 
securing it, but only if the observer is notified and catch re-secured 
after the completion of catch handling activity.)
    These additional catch handling and notification requirements would 
facilitate observer sampling during the delivery, and ensure observers 
are given the opportunity to monitor all catch handling activities when 
sorting or discard of salmon may occur. This would ensure accurate 
salmon accounting at the processor receiving the vessel's catch.

Observer Data Entry and Transmission Requirements Aboard Catcher 
Vessels

    Catcher vessels participating in the pollock fishery are required 
to carry an observer on all trips but only catcher vessels greater than 
or equal to 125 ft length overall (LOA) are required to provide a 
computer, data entry software, and data transmission capabilities to 
the observer. Currently, an observer on board a catcher vessel less 
than 125 ft LOA sends data to NMFS on paper forms via facsimile at the 
completion of each trip. Observer data sent to NMFS via fax can take a 
week or more to be available for management purposes. Access to a 
computer for electronic data entry significantly increases the speed at 
which observer data can be made available for inseason management and 
catch accounting. Further, the data validation measures built into the 
software improve initial data quality and decrease the need for 
corrections during the observer debriefing process. Additional 
information about the projected costs and benefits of this proposed 
regulatory amendment are detailed in Sections 2.7 and 4.8.4 of the 
Analysis.
    This proposed regulatory amendment will clarify the existing 
observer data entry and communications requirements and expand the 
equipment and software requirements to apply to all catcher vessels 
less than 125 ft LOA participating in the pollock fishery. NMFS 
proposes to reorganize regulations at Sec.  679.51(e)(1)(iii) to 
separate the equipment requirements from the applicability paragraphs 
to clearly identify which vessel operators must provide a computer, 
software, and data transmission capabilities. As a result of this 
proposed action, current requirements for observer data entry 
equipment, software, and transmission would remain, and the computer 
and software requirements would be expanded to apply to catcher vessels 
less than 125 ft LOA participating in the pollock fishery.

Viewing Salmon in a Storage Container

    Regulations at Sec.  679.28(d)(7)(ii) require that all salmon 
stored in the salmon storage container on a catcher/processor or 
mothership must remain in view of the observer at the observer sampling 
station at all times during the sorting of each haul. NMFS proposes to 
revise the wording of this regulation to better reflect the intent that 
the salmon storage container (and not each individual salmon in the 
container) must remain in view of the observer at the observer sampling 
station at all times during the sorting of each haul.

Removal of Salmon From Observer Sample Area at the End of a Haul or 
Delivery

    Current regulations do not require that all salmon be removed from 
the observer sampling area and the salmon storage location at the end 
of each haul or each delivery. NMFS proposes to modify regulations at 
Sec.  679.21(f)(15)(ii)(A)(3) and Sec.  679.21(f)(15)(ii)(C)(6) to 
require that all salmon must be removed, in the presence of the 
observer, from the salmon storage container and adjacent area at the 
end of each haul or delivery after the observer has completed his or 
her data collection duties. NMFS proposes this revision to the 
regulations to ensure that salmon are properly accounted for between 
hauls and deliveries.

Other Regulatory Changes

    NMFS proposes to revise to the regulations for clarity and 
efficiency, as follows--
     Remove Tables 47a, b, c, and d to part 679;
     Correct a cross reference error in paragraph (6) of the 
definition of a fishing trip in Sec.  679.2.
     Remove the requirement to submit an application form with 
a proposed IPA or amended IPA at Sec.  679.21(f)(12)(iii)(A) and Sec.  
679.21(f)(12)(v)(C);
     Remove the requirement at Sec.  679.21(f)(12)(v)(C)(2) 
that an amendment to the list of IPA participants be received by NMFS 
no later than 1700 hours, Alaska local time, on December 1;
     Move and consolidate the regulations for the non-Chinook 
salmon PSC limit and Chum Salmon Savings Area from Sec.  679.21(e) to 
Sec.  679.21(f)(14);
     Move and consolidate the regulations for Chinook salmon 
bycatch in the Aleutian Islands pollock fishery from Sec.  679.21(e) to 
Sec.  679.21(g);
     Correct a cross reference error in Sec.  679.51(e)(2);
     Remove ``aboard the vessel'' from Sec.  
679.51(e)(2)(iii)(B)(3); and
     Make additional very minor non-substantive technical 
edits.

Remove Tables 47a, b, c, and d

    NMFS proposes to remove Tables 47a, b, c, and d to part 679 from 
the regulations and would instead maintain these tables on the NMFS 
Alaska Region Web site. Removing these tables would not impose any 
costs on industry and would decrease the costs of regulatory amendments 
necessary to update the tables in the future.
    NMFS added Tables 47a, b, c, and d to part 679 with the final rule 
to implement Amendment 91. At that time, Tables 47a, b, c, and d were 
the most efficient way to be transparent about the values NMFS uses in 
making the necessary calculations under Amendment 91: The percent of 
each sector's pollock allocation, numbers of Chinook salmon associated 
with each vessel in the sector used to calculate the opt-out allocation 
and annual threshold amounts, and the percent of the pollock allocation 
associated with each vessel that NMFS uses to calculate minimum 
participation in the IPAs.
    Since these tables were published in August 2010, catcher vessels 
have changed names and consolidated pollock allocations. In June 2014, 
NMFS recalculated the pollock allocations and Chinook salmon limits for 
catcher vessels whose allocation and limits has changes since 2010. 
NMFS revised Table 47c to show the original and revised information and 
published the revised table on the NMFS Alaska Region's Web site.
    However, a regulatory amendment is required to change these tables 
in the

[[Page 5691]]

regulations. Changes to the information in these tables may become more 
frequent as vessels change names, ownership, or are replaced under the 
provisions of the recently implemented regulations for Amendment 106 
(79 FR 54590, September 12, 2014). Removing these tables from 
regulation, and posting the necessary information on the Alaska Region 
Web site, would reduce inaccuracies that could exist between actual 
vessel characteristics and the table in regulations.

Correct a Cross Reference Error in the Definition of a Fishing Trip

    The proposed rule would correct a cross reference error in 
paragraph (6) of the definition of a fishing trip in Sec.  679.2. This 
paragraph defines a fishing trip for purposes of implementing the post-
delivery transfer provisions under Amendment 91. These provisions are 
described in more detail on page 14026 and 14027 of the proposed rule 
for Amendment 91 (75 FR 14016; March 23, 2010). The cross reference to 
the CDQ Program prohibition in paragraph (6) of the fishing trip 
definition should refer to Sec.  679.7(d)(5)(ii)(C)(2) instead of Sec.  
679.7(d)(9).

Remove Requirement To Submit an Application With a Proposed or Amended 
IPA

    NMFS proposes to remove the requirement at Sec.  
679.21(f)(12)(iii)(A) and Sec.  679.21(f)(12)(v)(C) that an IPA 
representative submit an application form along with a proposed IPA or 
amended IPA based on public comment under the Paperwork Reduction Act. 
Under the Paperwork Reduction Act, every three years NMFS is required 
to obtain approval from the Office of Management and Budget (OMB) to 
continue to collect information authorized under previous final rules. 
The most recent request for public comments on renewal of the 
information collection authorized under the AFA (OMB Control Number 
0648-0401) was published in the Federal Register on June 19, 2014 (79 
FR 35150). In response to this request for comments, NMFS received a 
comment that the requirement to submit an application form in addition 
to submitting a proposed or amended IPA was duplicative with the 
information in the IPA itself. NMFS agrees that the application form is 
unnecessary and therefore proposes removing it from the regulations.

Remove the Deadline for an Amendment to the List of IPA Participants

    NMFS proposes to remove the requirement at Sec.  
679.21(f)(12)(v)(C)(2) that an amendment to the list of IPA 
participants (vessels) must be received by NMFS no later than 1700 
hours, A.l.t., on December 1. In removing this requirement, NMFS 
proposes to add a requirement at Sec.  679.21(f)(12)(ii)(D) that once a 
member of an IPA, a vessel owner or CDQ group cannot withdraw from the 
IPA during the fishing year. This change more directly implements the 
Amendment 91 requirement that IPA members cannot leave an IPA mid-year 
and that changes to an IPA membership must be made after the directed 
pollock fishery closes by regulation (after November 1 of each year).

Move and Consolidate the Regulations for the Non-Chinook Salmon PSC 
Limit and Chum Salmon Savings Area

    Regulations at Sec.  679.21(e)(1)(vii), (e)(3)(i)(A)(3)(ii), 
(e)(7)(vii), and (e)(7)(ix) pertain to the non-Chinook salmon PSC 
limit, the allocation of the non-Chinook salmon PSC to the CDQ Program, 
the closure of the Chum Salmon Savings Area, and the exemption to the 
closure for participants in an ICA. NMFS proposes to move these 
regulations to Sec.  679.21(f)(14) where other salmon bycatch 
regulations are found because they are management measures to address 
salmon bycatch in the pollock fishery. NMFS does not propose any 
substantive changes to these regulations, except to replace the term 
``ICA'' with ``IPA'' in the regulations to be consistent with the 
proposed revisions described earlier in this preamble.

Move and Consolidate the Regulations for Chinook Salmon Bycatch in the 
Aleutian Islands Pollock Fishery

    Regulations at Sec.  679.21(e)(1)(viii), (e)(3)(i)(A)(3)(i), and 
(e)(7)(viii) pertain to the Chinook salmon PSC limit for the Aleutian 
Islands pollock fishery, the allocation of the Aleutian Islands Chinook 
salmon PSC to the CDQ Program, and closure of the Aleutian Islands 
Chinook Salmon Savings Area. NMFS proposes to move these regulations to 
Sec.  679.21(g). NMFS does not propose any substantive changes to these 
regulations.

Correct a Cross Reference Error in Sec.  679.51(e)(2)

    The proposed rule would correct a cross reference error in Sec.  
679.51(e)(2). This paragraph describes the applicability of manager 
responsibilities for a shoreside processor or stationary floating 
processor required to maintain observer coverage. The cross reference 
to the observer requirements for shoreside processors and stationary 
floating processors should refer to Sec.  679.51(b) instead of Sec.  
679.51(d).

Remove ``Aboard the Vessel'' From Sec.  679.51(e)(2)(iii)(B)(3)

    Regulations at Sec.  679.51(e)(2)(iii)(B)(3) pertain to the 
observer data entry and communications equipment required at a 
shoreside processor or stationary floating processor, some of which are 
not vessels. Therefore, NMFS proposes to remove the language ``aboard 
the vessel'' from this paragraph for clarity.

Classification

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

Regulatory Impact Review (RIR)

    An RIR was prepared to assess all costs and benefits of available 
regulatory alternatives. The RIR considers all quantitative and 
qualitative measures. A copy of this analysis is available from NMFS 
(see ADDRESSES). The Council recommended Amendment 110 based on those 
measures that maximized net benefits to the Nation. Specific aspects of 
the economic analysis are discussed below in the Initial Regulatory 
Flexibility Analysis section.

Initial Regulatory Flexibility Analysis (IRFA)

    An IRFA was prepared for this action, as required by section 603 of 
the Regulatory Flexibility Act (RFA). The IRFA for this proposed action 
describes the reasons why this action is being proposed; the objectives 
and legal basis for the proposed rule; the number of small entities to 
which the proposed rule would apply; any projected reporting, 
recordkeeping, or other compliance requirements of the proposed rule; 
any overlapping, duplicative, or conflicting Federal rules; and any 
significant alternatives to the proposed rule that would accomplish the 
stated objectives of the Magnuson-Stevens Act and any other applicable 
statutes, and that would minimize any significant adverse economic 
impacts of the proposed rule on small entities. Descriptions of the 
proposed action, its

[[Page 5692]]

purpose, and the legal basis are contained earlier in this preamble and 
are not repeated here. A summary of the IRFA follows. A copy of the 
IRFA is available from NMFS (see ADDRESSES).
Number and Description of Small Entities Regulated by the Proposed 
Action
    The proposed action applies only to those entities that participate 
in the directed pollock trawl fishery in the Bering Sea. These entities 
include vessels harvesting pollock under the AFA and the six CDQ groups 
that receive allocations of pollock.
    The RFA requires consideration of affiliations among entities for 
the purpose of assessing if an entity is small. The AFA pollock 
cooperatives are a type of affiliation. All the non-CDQ entities 
directly regulated by the proposed action were members of AFA 
cooperatives in 2014 and, therefore, NMFS considers them ``affiliated'' 
large (non-small) entities for RFA purposes. Section 5.6 of the IRFA 
notes that all of the AFA cooperatives have gross annual revenues that 
are substantially greater than $20.5 million, the standard used by the 
Small Business Administration to define the annual gross revenue of a 
large (non-small) business engaged in finfish harvesting, such as 
pollock. Therefore, all the non-CDQ pollock fishery participants are 
defined as large (non-small) entities.
    Due to their status as non-profit corporations, the six CDQ groups 
are identified as ``small'' entities for RFA purposes. This proposed 
action directly regulates the six CDQ groups. As described in 
regulations implementing the RFA (13 CFR 121.103), the CDQ groups' 
affiliations with other large entities do not define them as large 
entities.
    The six CDQ groups, formed to manage and administer the CDQ 
allocations, investments, and economic development projects, are the 
Aleutian Pribilof Island Community Development Association, the Bristol 
Bay Economic Development Corporation, the Central Bering Sea 
Fishermen's Association, the Coastal Villages Region Fund, the Norton 
Sound Economic Development Corporation, and the Yukon Delta Fisheries 
Development Association. The 65 communities, with approximately 27,000 
total residents, benefit from participation in the CDQ Program, but are 
not directly regulated by this action.
Recordkeeping, Reporting, and Other Compliance Requirements
    This proposed rule would revise some existing requirements and 
remove some requirements. The revised requirements are those related 
to--
     Development and submission of proposed IPAs and amendments 
to approved IPAs;
     An annual report from the participants in each IPA, 
documenting information and data relevant to the Bering Sea Chinook 
salmon bycatch management program; and
     Salmon handling and storage on board a vessel, and 
obligations to facilitate observer data reporting.
    The proposed rule would remove the requirements for an application 
form for a proposed IPA or amended IPA.
Duplicate, Overlapping, or Conflicting Federal Rules
    No duplication, overlap, or conflict between this proposed action 
and existing Federal rules has been identified.
Description of Significant Alternatives That Minimize Adverse Impacts 
on Small Entities
    The proposed action is a comprehensive program to minimize Chinook 
and chum salmon bycatch that accomplished the stated objectives and is 
consistent with applicable statutes. No alternatives were identified in 
addition to those analyzed in the IRFA that had the potential to 
further reduce the economic burden on small entities, while achieving 
the objectives of this action. Section 2.10 of the Analysis contains a 
detailed discussion of alternatives considered and eliminated from 
further analysis (see ADDRESSES).
    This proposed rule includes performance standards, rather than 
design standards, to minimize Chinook salmon and chum salmon bycatch, 
while limiting the burden on CDQ groups. A system of transferable PSC 
allocations and a performance standard, even in years of low Chinook 
salmon abundance, would allow CDQ groups to decide how best to comply 
with the requirements of this action, given the other constraints 
imposed on the pollock fishery (e.g., pollock TAC, market conditions, 
area closures associated with other rules, gear restrictions, climate 
and oceanographic change).

Tribal Summary Impact Statement (E.O. 13175)

    Executive Order 13175 of November 6, 2000 (25 U.S.C. 450 note), the 
Executive Memorandum of April 29, 1994 (25 U.S.C. 450 note), the 
American Indian and Alaska Native Policy of the U.S. Department of 
Commerce (March 30, 1995), and the Tribal Consultation and Coordination 
Policy of the U.S. Department of Commerce (May 21, 2013), outline the 
responsibilities of NMFS in matters affecting tribal interests. Section 
161 in Division H of Public Law 108-199 (188 Stat. 452), as amended by 
section 518 in Division H of Public Law 108-447 (118 Stat. 3267), 
extends the consultation requirements of Executive Order 13175 to 
Alaska Native corporations.
    NMFS is obligated to consult and coordinate with federally 
recognized tribal governments and Alaska Native Claims Settlement Act 
regional and village corporations on a government-to-government basis 
pursuant to Executive Order 13175 which establishes several 
requirements for NMFS, including (1) 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 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. 
Executive Order 13175 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 
governments.
    Section 5(b)(2)(B) of Executive Order 13175 requires NMFS to 
prepare a tribal summary impact statement as part of the final rule. 
This statement must contain (1) a description of the extent of the 
agency's prior consultation with tribal officials, (2) a summary of the 
nature of their concerns, (3) the agency's position supporting the need 
to issue the regulation, and (4) a statement of the extent to which the 
concerns of tribal officials have been met. If the Secretary of 
Commerce approves Amendment 110, a tribal impact summary statement that 
summarizes and responds to issues raised in all tribal consultations on 
the proposed action and describes the extent to which the concerns of 
tribal officials have been met will be included in the final rule for 
Amendment 110.
    The consultation process for this action started during the Council 
process when the Council started developing Amendment 110. A number of 
tribal representatives and tribal organizations provided written public 
comments and oral public testimony to the Council during Council 
outreach meetings on Amendment 110 and at the numerous Council meetings 
at which Amendment 110 was discussed.

[[Page 5693]]

    NMFS conducted two tribal consultations, one in December 2014 and 
one in April 2015, with representatives from the Tanana Chiefs 
Conference; the Association of Village Council Presidents; the Yukon 
River Drainage Fisheries Association; the Kawerak, Inc.; and the Bering 
Sea Fishermen's Association. These organizations prepared letters for 
the Council and requested the consultations to discuss the salmon 
bycatch management measures under consideration by the Council. NMFS 
posted reports from these consultations on the NMFS Alaska Region Web 
site at https://alaskafisheries.noaa.gov/tribal-consultations.
    NMFS continued the consultation process by sending a letter to all 
Alaska Native representatives when the Notice of Availability for 
Amendment 110 published in the Federal Register notifying them of the 
opportunity to comment.

Collection-of-Information Requirements

    This proposed rule contains collection-of-information requirements 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). These requirements have been submitted to OMB for approval. The 
collections are listed below by OMB control number.
OMB Control Number 0648-0318
    Public reporting burden is estimated to average 5 minutes per 
individual response for use of a vessel's computer, software, and data 
transmission; 5 minutes per individual response for notification of 
observer before handling the vessel's Bering Sea pollock catch; and 5 
minutes for notification of crew person responsible for ensuring all 
sorting, retention, and storage of salmon.
OMB Control Number 0648-0393
    Public reporting burden is estimated to average 8 hours per 
individual response for the Application to Receive Transferable Chinook 
Salmon PSC Allocations, including the attached contract; 4 hours for 
the amendment to contract; and 15 minutes for the Application for the 
Transfer of Chinook Salmon PSC Allocations.
OMB Control Number 0648-0401
    Public reporting burden is estimated to average 40 hours per 
individual response for the Salmon Bycatch Incentive Plan Agreement 
(IPA); and 8 hours for the IPA Annual Report.
    Public reporting burden includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Public comment is sought regarding (1) 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; (2) the accuracy of the burden estimate; (3) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and (4) ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to NMFS 
Alaska Region at the ADDRESSES above, email to 
[email protected], or fax to (202) 395-5806.
    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. All currently approved NOAA 
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: January 28, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

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

0
1. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority:  16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.

0
2. In Sec.  679.2:
0
a. Remove the definition for ``Chinook salmon bycatch incentive plan 
agreement (IPA)'';
0
b. Revise the definitions for ``Chum Salmon Savings Area of the BSAI 
CVOA'', and paragraph (6) of ``Fishing trip'';
0
c. Remove the definition for ``Non-Chinook salmon bycatch reduction 
intercooperative agreement (ICA)'';
0
d. Revise the definition for ``PSQ reserve''; and
0
c. Add the definition for ``Salmon bycatch incentive plan agreement 
(IPA)'' in alphabetical order;
    The revisions and additions read as follows:


Sec.  679.2  Definitions.

* * * * *
    Chum Salmon Savings Area of the BSAI CVOA (See Sec.  679.21(f)(14) 
and Figure 9 to this part).
* * * * *
    Fishing trip means: * * *
    (6) For purposes of Sec.  679.7(d)(5)(ii)(C)(2) for CDQ groups and 
Sec.  679.7(k)(8)(ii) for AFA entities, the period beginning when a 
vessel operator commences harvesting any pollock that will accrue 
against a directed fishing allowance for pollock in the BS or against a 
pollock CDQ allocation harvested in the BS and ending when the vessel 
operator offloads or transfers any processed or unprocessed pollock 
from that vessel.
* * * * *
    PSQ reserve means the amount of a prohibited species catch limit 
established under Sec.  679.21 that has been allocated to the CDQ 
Program under Sec.  679.21.
* * * * *
    Salmon bycatch incentive plan agreement (IPA) is a voluntary 
private contract, approved by NMFS under Sec.  679.21(f)(12), that 
establishes incentives for participants to avoid Chinook salmon and 
chum salmon bycatch while directed fishing for pollock in the BS.
* * * * *
0
3. In Sec.  679.7:
0
a. Revise paragraphs (d)(5)(ii)(B), (d)(5)(ii)(C)(5), and (k)(8) 
heading;
0
b. Redesignate paragraph (k)(8)(iv) as (k)(8)(v); and
0
c. Add new paragraph (k)(8)(iv).
    The revisions and addition read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (d) * * *
    (5) * * *
    (ii) * * *
    (B) Non-Chinook salmon. For the operator of a vessel, to use trawl 
gear to harvest pollock CDQ in the Chum Salmon Savings Area between 
September 1 and October 14 after the CDQ group's non-Chinook salmon PSQ 
is attained, unless the vessel is participating in an approved IPA 
under Sec.  679.21(f)(12).
    (C) * * *
    (5) For the operator of a catcher vessel delivering pollock CDQ 
catch to a

[[Page 5694]]

shoreside processor or stationary floating processor to:
    (i) Deliver pollock CDQ to a processor that does not have a catch 
monitoring and control plan approved under Sec.  679.28(g).
    (ii) Handle, sort, or discard catch without notifying the observer 
15 minutes prior to handling, sorting, or discarding catch as described 
in Sec.  679.21(f)(15)(ii)(B)(2).
    (iii) Fail to secure catch after the completion of catch handling 
and the collection of scientific data and biological samples as 
described in Sec.  679.21(f)(15)(ii)(B)(3).
* * * * *
    (k) * * *
    (8) Salmon PSC. * * *
* * * * *
    (iv) Catcher vessels. (A) For the operator of a catcher vessel, to 
handle, sort, or discard catch without notifying the observer 15 
minutes prior to handling, sorting, or discarding catch as described in 
Sec.  679.21(f)(15)(ii)(B)(2).
    (B) For the operator of a catcher vessel to fail to secure catch 
after the completion of catch handling and the collection of scientific 
data and biological samples as described in Sec.  
679.21(f)(15)(ii)(B)(3).
* * * * *
0
4. In Sec.  679.20, revise paragraph (a)(5)(i)(B)(1) to read as 
follows:


Sec.  679.20  General limitations.

* * * * *
    (a) * * *
    (5) * * *
    (i) * * *
    (B) * * *
    (1) Inshore, catcher/processor, mothership, and CDQ sectors. The 
portions of the BS subarea pollock directed fishing allowances 
allocated to each sector under sections 206(a) and 206(b) of the AFA 
and the CDQ allowance in the BSAI will be divided into two seasonal 
allowances corresponding to the two fishing seasons set out at Sec.  
679.23(e)(2), as follows:
    (i) A Season, 45 percent;
    (ii) B Season, 55 percent.
* * * * *
    5. In Sec.  679.21:
    a. Remove and reserve paragraph (c);
    b. Remove paragraphs (e)(1)(vi), (vii), and (viii); 
(e)(3)(i)(A)(3); and (e)(7)(vii), (viii), and (ix); and
    c. Revise paragraphs (f) and (g) to read as follows:


Sec.  679.21  Prohibited species bycatch management.

* * * * *
    (f) Salmon Bycatch Management in the BS Pollock Fishery --(1) 
Applicability. This paragraph contains regulations governing the 
bycatch of salmon in the BS pollock fishery.
    (2) Chinook salmon prohibited species catch (PSC) limit. Each year, 
NMFS will allocate to AFA sectors listed in paragraph (f)(3)(ii) of 
this section a portion of the applicable Chinook salmon PSC limit. NMFS 
will publish the applicable Chinook salmon PSC limit in the annual 
harvest specifications after determining if it is a low Chinook salmon 
abundance year. NMFS will determine that it is a low Chinook salmon 
abundance year when abundance of Chinook salmon in western Alaska is 
less than or equal to 250,000 Chinook salmon. By October 1 of each 
year, the State of Alaska will provide to NMFS an estimate of Chinook 
salmon abundance based on a post-season in-river Chinook salmon run 
size index for western Alaska based on the Kuskokwim, Unalakleet, and 
Upper Yukon aggregate stock grouping.
    (i) An AFA sector will receive a portion of the 47,591 Chinook 
salmon PSC limit, or, in a low Chinook salmon abundance year, the 
33,318 Chinook salmon PSC limit, if--
    (A) No Chinook salmon bycatch incentive plan agreement (IPA) is 
approved by NMFS under paragraph (f)(12) of this section; or
    (B) That AFA sector has exceeded its performance standard under 
paragraph (f)(6) of this section.
    (ii) An AFA sector will receive a portion of the 60,000 Chinook 
salmon PSC limit, or, in a low Chinook salmon abundance year, the 
45,000 Chinook salmon PSC limit, if--
    (A) At least one IPA is approved by NMFS under paragraph (f)(12) of 
this section; and
    (B) That AFA sector has not exceeded its performance standard under 
paragraph (f)(6) of this section.
    (3) Allocations of the Chinook salmon PSC limits--(i) Seasonal 
apportionment. NMFS will apportion the Chinook salmon PSC limits 
annually 70 percent to the A season and 30 percent to the B season, 
which are described in Sec.  679.23(e)(2).
    (ii) AFA sectors. Each year, NMFS will make allocations of the 
applicable Chinook salmon PSC limit to the following four AFA sectors:

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

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

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


[[Page 5695]]

    (B) If the sector is managed under the 45,000 Chinook salmon PSC 
limit, the sector will be allocated the following amount of Chinook 
salmon PSC in each season and annually:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     A season                        B season                      Annual total
                       AFA sector                        -----------------------------------------------------------------------------------------------
                                                           % Allocation    # of Chinook    % Allocation    # of Chinook    % Allocation    # of Chinook
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Catcher/processor...................................            32.9          10,363            17.9           2,415            28.4          12,780
(2) Mothership..........................................             8.0           2,520             7.3             987             7.8           3,510
(3) Inshore.............................................            49.8          15,687            69.3           9,355            55.6          25,020
(4) CDQ Program.........................................             9.3           2,930             5.5             743             8.2           3,690
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     A season                        B season                      Annual total
                       AFA sector                        -----------------------------------------------------------------------------------------------
                                                           % Allocation    # of Chinook    % Allocation    # of Chinook    % Allocation    # of Chinook
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Catcher/processor...................................            32.9          10,906            17.9           2,556            28.4          13,516
(2) Mothership..........................................             8.0           2,665             7.3           1,042             7.8           3,707
(3) Inshore.............................................            49.8          16,591            69.3           9,894            55.6          26,485
(4) CDQ Program.........................................             9.3           3,098             5.5             785             8.2           3,883
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (D) If the sector is managed under the 33,318 Chinook salmon PSC 
limit, the sector will be allocated the following amount of Chinook 
salmon PSC in each season and annually:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     A season                        B season                      Annual total
                       AFA sector                        -----------------------------------------------------------------------------------------------
                                                           % Allocation    # of Chinook    % Allocation    # of Chinook    % Allocation    # of Chinook
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Catcher/processor...................................            32.9           7,673            17.9           1,789            28.4           9,462
(2) Mothership..........................................             8.0           1,866             7.3             730             7.8           2,599
(3) Inshore.............................................            49.8          11,615            69.3           6,926            55.6          18,525
(4) CDQ Program.........................................             9.3           2,169             5.5             550             8.2           2,732
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

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


[[Page 5696]]

    (viii) Public release of Chinook salmon PSC information. For each 
year, NMFS will release to the public and publish on the NMFS Alaska 
Region Web site (http://alaskafisheries.noaa.gov/):
    (A) The Chinook salmon PSC allocations for each entity receiving a 
transferable allocation;
    (B) The non-transferable Chinook salmon PSC allocations;
    (C) The vessels fishing under each transferable or non-transferable 
allocation;
    (D) The amount of Chinook salmon bycatch that accrues towards each 
transferable or non-transferable allocation;
    (E) Any changes to these allocations due to transfers under 
paragraph (f)(9) of this section, rollovers under paragraph (f)(11) of 
this section, and deductions from the B season non-transferable 
allocations under paragraphs (f)(5)(v) or (f)(10)(iii) of this section; 
and
    (F) Tables for each sector that provide the percent of the sector's 
pollock allocation, numbers of Chinook salmon associated with each 
vessel in the sector used to calculate the opt-out allocation and 
annual threshold amounts, and the percent of the pollock allocation 
associated with each vessel that NMFS will use to calculate IPA minimum 
participation assigned to each vessel.
    (4) Reduction in allocations of the Chinook salmon PSC limit--(i) 
Reduction in sector allocations. NMFS will reduce the seasonal 
allocation of the Chinook salmon PSC limit to the catcher/processor 
sector, the mothership sector, the inshore sector, or the CDQ Program 
under paragraph (f)(3)(iii)(A) or (B) of this section, if the owner of 
any permitted AFA vessel in that sector, or any CDQ group, does not 
participate in an approved IPA under paragraph (f)(12) of this section. 
NMFS will subtract the amount of Chinook salmon from each sector's 
allocation associated with each vessel not participating in an approved 
IPA.
    (ii) Adjustments to the inshore sector and inshore cooperative 
allocations. (A) If some members of an inshore cooperative do not 
participate in an approved IPA, NMFS will reduce the allocation to the 
cooperative to which those vessels belong, or the inshore open access 
fishery.
    (B) If all members of an inshore cooperative do not participate in 
an approved IPA, the amount of Chinook salmon that remains in the 
inshore sector's allocation, after subtracting the amount of Chinook 
salmon associated with the non-participating inshore cooperative, will 
be reallocated among the inshore cooperatives participating in an 
approved IPA based on the proportion each participating cooperative 
represents of the Chinook salmon PSC initially allocated among the 
participating inshore cooperatives that year.
    (iii) Adjustment to CDQ group allocations. If a CDQ group does not 
participate in an approved IPA, the amount of Chinook salmon that 
remains in the CDQ Program's allocation, after subtracting the amount 
of Chinook salmon associated with the non-participating CDQ group, will 
be reallocated among the CDQ groups participating in an approved IPA 
based on the proportion each participating CDQ group represents of the 
Chinook salmon PSC initially allocated among the participating CDQ 
groups that year.
    (iv) All members of a sector do not participate in an approved IPA. 
If all members of a sector do not participate in an approved IPA, the 
amount of Chinook salmon that remains after subtracting the amount of 
Chinook salmon associated with the non-participating sector will not be 
reallocated among the sectors that have members participating in an 
approved IPA. This portion of the PSC limit will remain unallocated for 
that year.
    (5) Chinook salmon PSC opt-out allocation. The following table 
describes requirements for the opt-out allocation:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
(i) What is the amount of Chinook        The opt-out allocation will
 salmon PSC that will be allocated to     equal the sum of the Chinook
 the opt-out allocation in the A season   salmon PSC deducted under
 and the B season?.                       paragraph (f)(4)(i) of this
                                          section from the seasonal
                                          allocations of each sector
                                          with members not participating
                                          in an approved IPA.
(ii) Which participants will be managed  Any AFA-permitted vessel or any
 under the opt-out allocation?.           CDQ group that is a member of
                                          a sector eligible under
                                          paragraph (f)(2)(ii) of this
                                          section to receive allocations
                                          of the 60,000 PSC limit or the
                                          45,000 PSC limit, but that is
                                          not participating in an
                                          approved IPA.
(iii) What Chinook salmon bycatch will   All Chinook salmon bycatch by
 accrue against the opt-out allocation?.  participants under paragraph
                                          (f)(5)(ii) of this section.
(iv) How will the opt-out allocation be  All participants under
 managed?.                                paragraph (f)(5)(ii) of this
                                          section will be managed as a
                                          group under the seasonal opt-
                                          out allocations. If the
                                          Regional Administrator
                                          determines that the seasonal
                                          opt-out allocation will be
                                          reached, NMFS will publish a
                                          notice in the Federal Register
                                          closing directed fishing for
                                          pollock in the BS, for the
                                          remainder of the season, for
                                          all vessels fishing under the
                                          opt-out allocation.
(v) What will happen if Chinook salmon   NMFS will deduct from the B
 bycatch by vessels fishing under the     season opt-out allocation any
 opt-out allocation exceeds the amount    Chinook salmon bycatch in the
 allocated to the A season opt-out        A season that exceeds the A
 allocation?.                             season opt-out allocation.
(vi) What will happen if Chinook salmon  If Chinook salmon bycatch by
 bycatch by vessels fishing under the     vessels fishing under the opt-
 opt-out allocation is less than the      out allocation in the A season
 amount allocated to the A season opt-    is less than the amount
 out allocation?.                         allocated to the opt-out
                                          allocation in the A season,
                                          this amount of Chinook salmon
                                          will not be added to the B
                                          season opt-out allocation.
(vii) Is Chinook salmon PSC allocated    No. Chinook salmon PSC
 to the opt-out allocation                allocated to the opt-out
 transferable?.                           allocation is not
                                          transferable.
------------------------------------------------------------------------

    (6) Chinook salmon bycatch performance standard. If the total 
annual Chinook salmon bycatch by the members of a sector participating 
in an approved IPA is greater than that sector's annual threshold 
amount of Chinook salmon in any three of seven consecutive years, that 
sector will receive an allocation of Chinook salmon under the 47,591 
PSC limit in all future years, except in low Chinook salmon abundance 
years when that sector will receive an allocation under the 33,318 
Chinook salmon PSC limit.
    (i) Annual threshold amount. Prior to each year, NMFS will 
calculate each sector's annual threshold amount. NMFS will post the 
annual threshold amount for each sector on the NMFS Alaska Region Web 
site (http://alaskafisheries.noaa.gov/). At the end of each

[[Page 5697]]

year, NMFS will evaluate the Chinook salmon bycatch by all IPA 
participants in each sector against that sector's annual threshold 
amount.
    (ii) Calculation of the annual threshold amount. A sector's annual 
threshold amount is the annual number of Chinook salmon that would be 
allocated to that sector under the 47,591 Chinook salmon PSC limit, as 
shown in the table in paragraph (f)(3)(iii)(C) of this section, or the 
33,318 Chinook salmon PSC limit in low Chinook salmon abundance years, 
as shown in the table in paragraph (f)(3)(iii)(D) of this section. If 
any vessels in a sector do not participate in an approved IPA, NMFS 
will reduce that sector's annual threshold amount by the number of 
Chinook salmon associated with each vessel not participating in an 
approved IPA. If any CDQ groups do not participate in an approved IPA, 
NMFS will reduce the CDQ Program's annual threshold amount by the 
number of Chinook salmon associated with each CDQ group not 
participating in an approved IPA.
    (iii) Exceeding the performance standard. If NMFS determines that a 
sector has exceeded its performance standard by exceeding its annual 
threshold amount in any three of seven consecutive years, NMFS will 
issue a notification in the Federal Register that the sector has 
exceeded its performance standard. In all subsequent years, NMFS will 
allocate to that sector either the amount of Chinook salmon in the 
table in paragraph (f)(3)(iii)(C) of this section or, in low Chinook 
salmon abundance years, the amount of Chinook salmon in the table in 
paragraph (f)(3)(iii)(D) of this section. All members of the affected 
sector will fish under this lower PSC allocation regardless of whether 
a vessel or CDQ group within that sector participates in an approved 
IPA.
    (7) Replacement vessels. If an AFA-permitted vessel is no longer 
eligible to participate in the BS pollock fishery or if a vessel 
replaces a currently eligible vessel, NMFS will assign the portion and 
number of Chinook salmon associated with that vessel to the replacement 
vessel or distribute it among other eligible vessels in the sector 
based on the procedures in the law, regulation, or private contract 
that accomplishes the vessel removal or replacement action.
    (8) Entities eligible to receive transferable Chinook salmon PSC 
allocations. (i) NMFS will issue transferable Chinook salmon PSC 
allocations to the following entities, if these entities meet all the 
applicable requirements of this section.
    (A) Inshore cooperatives. NMFS will issue transferable Chinook 
salmon PSC allocations to the inshore cooperatives permitted annually 
under Sec.  679.4(l)(6). The representative and agent for service of 
process (see definition at Sec.  679.2) for an inshore cooperative is 
the cooperative representative identified in the application for an 
inshore cooperative fishing permit issued under Sec.  679.4(l)(6), 
unless the inshore cooperative representative notifies NMFS in writing 
that a different person will act as its agent for service of process 
for purposes of this paragraph (f). An inshore cooperative is not 
required to submit an application under paragraph (f)(8)(ii) of this 
section to receive a transferable Chinook salmon PSC allocation.
    (B) CDQ groups. NMFS will issue transferable Chinook salmon PSC 
allocations to the CDQ groups. The representative and agent for service 
of process for a CDQ group is the chief executive officer of the CDQ 
group, unless the chief executive officer notifies NMFS in writing that 
a different person will act as its agent for service of process. A CDQ 
group is not required to submit an application under paragraph 
(f)(8)(ii) of this section to receive a transferable Chinook salmon PSC 
allocation.
    (C) Entity representing the AFA catcher/processor sector. NMFS will 
authorize only one entity to represent the catcher/processor sector for 
purposes of receiving and managing transferable Chinook salmon PSC 
allocations on behalf of the catcher/processors eligible to fish under 
transferable Chinook salmon PSC allocations. NMFS will issue 
transferable Chinook salmon allocations under the Chinook salmon PSC 
limit to the entity representing the catcher/processor sector if that 
entity represents all the owners of AFA-permitted vessels in this 
sector that are participants in an approved IPA.
    (D) Entity representing the AFA mothership sector. NMFS will 
authorize only one entity to represent the mothership sector for 
purposes of receiving and managing transferable Chinook salmon PSC 
allocations on behalf of the vessels eligible to fish under 
transferable Chinook salmon PSC allocations. NMFS will issue 
transferable Chinook salmon allocations under the Chinook salmon PSC 
limit to an entity representing the mothership sector if that entity 
represents all the owners of AFA-permitted vessels in this sector that 
are participants in an approved IPA.
    (ii) Request for approval as an entity eligible to receive 
transferable Chinook salmon PSC allocations. A representative of an 
entity representing the catcher/processor sector or the mothership 
sector may request approval by NMFS to receive transferable Chinook 
salmon PSC allocations on behalf of the members of the sector. The 
application must be submitted to NMFS at the address in paragraph 
(b)(6) of this section. A completed application consists of the 
application form and a contract, described below.
    (A) Application form. The applicant must submit a paper copy of the 
application form with all information fields accurately filled in, 
including the affidavit affirming that each eligible vessel owner, from 
whom the applicant received written notification requesting to join the 
sector entity, has been allowed to join the sector entity subject to 
the same terms and conditions that have been agreed on by, and are 
applicable to, all other parties to the sector entity. The application 
form is available on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov/) or from NMFS at the address in paragraph 
(b)(6) of this section.
    (B) Contract. A contract containing the following information must 
be attached to the completed application form:
    (1) Information that documents that all vessel owners party to the 
contract agree that the entity, the entity's representative, and the 
entity's agent for service of process named in the application form 
represent them for purposes of receiving transferable Chinook salmon 
PSC allocations.
    (2) A statement that the entity's representative and agent for 
service of process are authorized to act on behalf of the vessel owners 
party to the contract.
    (3) Signatures, printed names, and date of signature for the owners 
of each AFA-permitted vessel identified in the application form.
    (C) Contract duration. Once submitted, the contract attached to the 
application form is valid until amended or terminated by the parties to 
the contract.
    (D) Deadline. An application form and contract must be received by 
NMFS no later than 1700 hours, A.l.t., on October 1 of the year prior 
to the year for which the Chinook salmon PSC allocations are effective.
    (E) Approval. If more than one entity application form is submitted 
to NMFS, NMFS will approve the application form for the entity that 
represents the most eligible vessel owners in the sector.
    (F) Amendments to the sector entity. (1) An amendment to the sector 
entity

[[Page 5698]]

contract, with no change in entity participants, may be submitted to 
NMFS at any time and is effective upon written notification of approval 
by NMFS to the entity representative. To amend a contract, the entity 
representative must submit a complete application, as described in 
paragraph (f)(8)(ii) of this section.
    (2) To make additions or deletions to the vessel owners represented 
by the entity for the next year, the entity representative must submit 
a complete application, as described in paragraph (f)(8)(ii) of this 
section, by December 1.
    (iii) Entity representative. (A) The entity's representative must--
    (1) Act as the primary contact person for NMFS on issues relating 
to the operation of the entity;
    (2) Submit on behalf of the entity any applications required for 
the entity to receive a transferable Chinook salmon PSC allocation and 
to transfer some or all of that allocation to and from other entities 
eligible to receive transfers of Chinook salmon PSC allocations;
    (3) Ensure that an agent for service of process is designated by 
the entity; and
    (4) Ensure that NMFS is notified if a substitute agent for service 
of process is designated. Notification must include the name, address, 
and telephone number of the substitute agent in the event the 
previously designated agent is no longer capable of accepting service 
on behalf of the entity or its members within the 5-year period from 
the time the agent is identified in the application to NMFS under 
paragraph (f)(8)(ii) of this section.
    (B) Any vessel owner that is a member of an inshore cooperative, or 
a member of the entity that represents the catcher/processor sector or 
the mothership sector, may authorize the entity representative to sign 
a proposed IPA submitted to NMFS, under paragraph (f)(12) of this 
section, on his or her behalf. This authorization must be included in 
the contract submitted to NMFS, under paragraph (f)(8)(ii)(B) of this 
section, for the sector-level entities and in the contract submitted 
annually to NMFS by inshore cooperatives under Sec.  679.61(d).
    (iv) Agent for service of process. The entity's agent for service 
of process must--
    (A) Be authorized to receive and respond to any legal process 
issued in the United States with respect to all owners and operators of 
vessels that are members of an entity receiving a transferable 
allocation of Chinook salmon PSC or with respect to a CDQ group. 
Service on or notice to the entity's appointed agent constitutes 
service on or notice to all members of the entity.
    (B) Be capable of accepting service on behalf of the entity until 
December 31 of the year five years after the calendar year for which 
the entity notified the Regional Administrator of the identity of the 
agent.
    (v) Absent a catcher/processor sector or mothership sector entity. 
If the catcher/processor sector or the mothership sector does not form 
an entity to receive a transferable allocation of Chinook salmon PSC, 
the sector will be managed by NMFS under a non-transferable allocation 
of Chinook salmon PSC under paragraph (f)(10) of this section.
    (9) Transfers of Chinook salmon PSC. (i) A Chinook salmon PSC 
allocation issued to eligible entities under paragraph (f)(8)(i) of 
this section may be transferred to any other entity receiving a 
transferable allocation of Chinook salmon PSC by submitting to NMFS an 
application for transfer described in paragraph (f)(9)(iii) of this 
section. Transfers of Chinook salmon PSC allocations among eligible 
entities are subject to the following restrictions:
    (A) Entities receiving transferable allocations under the 60,000 
PSC limit may only transfer to and from other entities receiving 
allocations under the 60,000 PSC limit.
    (B) Entities receiving transferable allocations under the 45,000 
PSC limit may only transfer to and from other entities receiving 
allocations under the 45,000 PSC limit.
    (C) Entities receiving transferable allocations under the 47,591 
PSC limit may only transfer to and from other entities receiving 
allocations under the 47,591 PSC limit.
    (D) Entities receiving transferable allocations under the 33,318 
PSC limit may only transfer to and from other entities receiving 
allocations under the 33,318 PSC limit.
    (E) Chinook salmon PSC allocations may not be transferred between 
seasons.
    (ii) Post-delivery transfers. If the Chinook salmon bycatch by an 
entity exceeds its seasonal allocation, the entity may receive 
transfers of Chinook salmon PSC to cover overages for that season. An 
entity may conduct transfers to cover an overage that results from 
Chinook salmon bycatch from any fishing trip by a vessel fishing on 
behalf of that entity that was completed or is in progress at the time 
the entity's allocation is first exceeded. Under Sec.  
679.7(d)(5)(ii)(C)(2) and (k)(8)(v)(B), vessels fishing on behalf of an 
entity that has exceeded its Chinook salmon PSC allocation for a season 
may not start a new fishing trip for pollock in the BS on behalf of 
that same entity for the remainder of that season.
    (iii) Application for transfer of Chinook salmon PSC allocations--
(A) Completed application. NMFS will process a request for transfer of 
Chinook salmon PSC provided that a paper or electronic application is 
completed, with all information fields accurately filled in. 
Application forms are available on the NMFS Alaska Region Web site 
(http://alaskafisheries.noaa.gov/) or from NMFS at the address in 
paragraph (b)(6) of this section.
    (B) Certification of transferor--(1) Non-electronic submittal. The 
transferor's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete. The transferor's designated representative must submit the 
paper application as indicated on the application.
    (2) Electronic submittal. The transferor's designated entity 
representative must log onto the NMFS online services system and create 
a transfer request as indicated on the computer screen. By using the 
transferor's NMFS ID, password, and Transfer Key, and submitting the 
transfer request, the designated representative certifies that all 
information is true, correct, and complete.
    (C) Certification of transferee--(1) Non-electronic submittal. The 
transferee's designated representative must sign and date the 
application certifying that all information is true, correct, and 
complete.
    (2) Electronic submittal. The transferee's designated 
representative must log onto the NMFS online services system and accept 
the transfer request as indicated on the computer screen. By using the 
transferee's NMFS ID, password, and Transfer Key, the designated 
representative certifies that all information is true, correct, and 
complete.
    (D) Deadline. NMFS will not approve an application for transfer of 
Chinook salmon PSC after June 25 for the A season or after December 1 
for the B season.
    (10) Non-transferable Chinook salmon PSC allocations. (i) All 
vessels belonging to a sector that is ineligible to receive 
transferable allocations under paragraph (f)(8) of this section, any 
catcher vessels participating in an inshore open access fishery, and 
all vessels fishing under the opt-out allocation under paragraph (f)(5) 
of this section will fish under specific non-transferable Chinook 
salmon PSC allocations.

[[Page 5699]]

    (ii) All vessels fishing under a non-transferable Chinook salmon 
PSC allocation, including vessels fishing on behalf of a CDQ group, 
will be managed together by NMFS under that non-transferable 
allocation. If, during the fishing year, the Regional Administrator 
determines that a seasonal non-transferable Chinook salmon PSC 
allocation will be reached, NMFS will publish a notice in the Federal 
Register closing the BS to directed fishing for pollock by those 
vessels fishing under that non-transferable allocation for the 
remainder of the season or for the remainder of the year.
    (iii) For each non-transferable Chinook salmon PSC allocation, NMFS 
will deduct from the B season allocation any amount of Chinook salmon 
bycatch in the A season that exceeds the amount available under the A 
season allocation.
    (11) Rollover of unused A season allocation--(i) Rollovers of 
transferable allocations. NMFS will add any Chinook salmon PSC 
allocation remaining at the end of the A season, after any transfers 
under paragraph (f)(9)(ii) of this section, to an entity's B season 
allocation.
    (ii) Rollover of non-transferable allocations. For a non-
transferable allocation for the mothership sector, catcher/processor 
sector, or an inshore open access fishery, NMFS will add any Chinook 
salmon PSC remaining in that non-transferable allocation at the end of 
the A season to that B season non-transferable allocation.
    (12) Salmon bycatch incentive plan agreements (IPAs)--(i) Minimum 
participation requirements. More than one IPA may be approved by NMFS. 
Each IPA must have participants that represent the following:
    (A) Minimum percent pollock. Parties to an IPA must collectively 
represent at least 9 percent of the BS pollock quota.
    (B) Minimum number of unaffiliated AFA entities. Parties to an IPA 
must represent any combination of two or more CDQ groups or 
corporations, partnerships, or individuals who own AFA-permitted 
vessels and are not affiliated, as affiliation is defined for purposes 
of AFA entities in Sec.  679.2.
    (ii) Membership in an IPA. (A) No vessel owner or CDQ group is 
required to join an IPA.
    (B) For a vessel owner in the catcher/processor sector or 
mothership sector to join an IPA, that vessel owner must be a member of 
the entity representing that sector under paragraph (f)(8).
    (C) For a CDQ group to be a member of an IPA, the CDQ group must 
sign the IPA and list in that IPA each vessel harvesting BS pollock 
CDQ, on behalf of that CDQ group, that will participate in that IPA.
    (D) Once a member of an IPA, a vessel owner or CDQ group cannot 
withdraw from the IPA during a fishing year.
    (iii) Request for approval of a proposed IPA. The IPA 
representative must submit a proposed IPA to NMFS at the address in 
paragraph (b)(6) of this section. The proposed IPA must contain the 
following information:
    (A) Affidavit. The IPA must include the affidavit affirming that 
each eligible vessel owner or CDQ group, from whom the IPA 
representative received written notification requesting to join the 
IPA, has been allowed to join the IPA subject to the same terms and 
conditions that have been agreed on by, and are applicable to, all 
other parties to the IPA.
    (B) Name of the IPA.
    (C) Representative. The IPA must include the name, telephone 
number, and email address of the IPA representative who submits the 
proposed IPA on behalf of the parties and who is responsible for 
submitting proposed amendments to the IPA and the annual report 
required under paragraph (f)(13) of this section.
    (D) Third party group. The IPA must identify at least one third 
party group. Third party groups include any entities representing 
western Alaskans who depend on salmon and have an interest in salmon 
bycatch reduction but do not directly fish in a groundfish fishery.
    (E) Description of the incentive plan. The IPA must contain a 
description of the following--
    (1) The incentive(s) that will be implemented under the IPA for the 
operator of each vessel participating in the IPA to avoid Chinook 
salmon and chum salmon bycatch under any condition of pollock and 
Chinook salmon abundance in all years.
    (2) How the incentive(s) to avoid chum salmon do not increase 
Chinook salmon bycatch.
    (3) The rewards for avoiding Chinook salmon, penalties for failure 
to avoid Chinook salmon at the vessel level, or both.
    (4) How the incentive measures in the IPA are expected to promote 
reductions in a vessel's Chinook salmon and chum salmon bycatch rates 
relative to what would have occurred in absence of the incentive 
program.
    (5) How the incentive measures in the IPA promote Chinook salmon 
and chum salmon savings in any condition of pollock abundance or 
Chinook salmon abundance in a manner that is expected to influence 
operational decisions by vessel operators to avoid Chinook salmon and 
chum salmon.
    (6) How the IPA ensures that the operator of each vessel governed 
by the IPA will manage that vessel's Chinook salmon bycatch to keep 
total bycatch below the performance standard described in paragraph 
(f)(6) of this section for the sector in which the vessel participates.
    (7) How the IPA ensures that the operator of each vessel governed 
by the IPA will manage that vessel's chum salmon bycatch to avoid areas 
and times where the chum salmon are likely to return to western Alaska.
    (8) The rolling hot spot program for salmon bycatch avoidance that 
operates throughout the entire A season and B season and the agreement 
to provide notifications of closure areas and any violations of the 
rolling hot spot program to the third party group.
    (9) The restrictions or penalties targeted at vessels that 
consistently have significantly higher Chinook salmon PSC rates 
relative to other vessels fishing at the same time.
    (10) The requirement for vessels to enter a fishery[hyphen]wide 
in[hyphen]season salmon PSC data sharing agreement.
    (11) The requirement for the use of salmon excluder devices, with 
recognition of contingencies, from January 20 to March 31, and from 
September 1 until the end of the B season.
    (12) The requirement that salmon savings credits are limited to a 
maximum of three years for IPAs with salmon savings credits.
    (13) The restrictions or performance criteria used to ensure that 
Chinook salmon PSC rates in October are not significantly higher than 
those achieved in the preceding months.
    (F) Compliance agreement. The IPA must include a written statement 
that all parties to the IPA agree to comply with all provisions of the 
IPA.
    (G) Signatures. The names and signatures of the owner or 
representative for each vessel and CDQ group that is a party to the 
IPA. The representative of an inshore cooperative, or the 
representative of the entity formed to represent the AFA catcher/
processor sector or the AFA mothership sector under paragraph (f)(8) of 
this section may sign a proposed IPA on behalf of all vessels that are 
members of that inshore cooperative or sector level entity.
    (iv) Deadline and duration--(A) Deadline for proposed IPA. A 
proposed IPA must be received by NMFS no later than 1700 hours, A.l.t., 
on October 1 of the year prior to the year for which the IPA is 
proposed to be effective.
    (B) Duration. Once approved, an IPA is effective starting January 1 
of the year

[[Page 5700]]

following the year in which NMFS approves the IPA, unless the IPA is 
approved between January 1 and January 19, in which case the IPA is 
effective starting in the year in which it is approved. Once approved, 
an IPA is effective until December 31 of the first year in which it is 
effective or until December 31 of the year in which the IPA 
representative notifies NMFS in writing that the IPA is no longer in 
effect, whichever is later. An IPA may not expire mid-year. No party 
may join or leave an IPA once it is approved, except as allowed under 
paragraph (f)(12)(v)(C) of this section.
    (v) NMFS review of a proposed IPA--(A) Approval. An IPA will be 
approved by NMFS if it meets the following requirements:
    (1) Meets the minimum participation requirements in paragraph 
(f)(12)(i) of this section;
    (2) Is submitted in compliance with the requirements of paragraphs 
(f)(12)(ii) and (iv) of this section; and
    (3) Contains the information required in paragraph (f)(12)(iii) of 
this section.
    (B) IPA identification number. If approved, NMFS will assign an IPA 
identification number to the approved IPA. This number must be used by 
the IPA representative in amendments to the IPA.
    (C) Amendments to an IPA. Amendments to an approved IPA may be 
submitted to NMFS at any time and will be reviewed under the 
requirements of this paragraph (f)(12). An amendment to an approved IPA 
is effective upon written notification of approval by NMFS to the IPA 
representative.
    (D) Disapproval. (1) NMFS will disapprove a proposed IPA or a 
proposed amendment to an IPA for either of the following reasons:
    (i) If the proposed IPA fails to meet any of the requirements of 
paragraphs (f)(12)(i) through (iii) of this section, or
    (ii) If a proposed amendment to an IPA would cause the IPA to no 
longer be consistent with the requirements of paragraphs (f)(12)(i) 
through (iv) of this section.
    (2) Initial Administrative Determination (IAD). If, in NMFS' review 
of the proposed IPA, NMFS identifies deficiencies in the proposed IPA 
that require disapproval of the proposed IPA, NMFS will notify the 
applicant in writing. The IPA representative will be provided one 30-
day period to address, in writing, the deficiencies identified by NMFS. 
Additional information or a revised IPA received by NMFS after the 
expiration of the 30-day period specified by NMFS will not be 
considered for purposes of the review of the proposed IPA. NMFS will 
evaluate any additional information submitted by the applicant within 
the 30-day period. If the Regional Administrator determines that the 
additional information addresses deficiencies in the proposed IPA, the 
Regional Administrator will approve the proposed IPA under paragraphs 
(f)(12)(iv)(B) and (f)(12)(v)(A) of this section. However, if, after 
consideration of the original proposed IPA and any additional 
information submitted during the 30-day period, NMFS determines that 
the proposed IPA does not comply with the requirements of paragraph 
(f)(12) of this section, NMFS will issue an initial administrative 
determination (IAD) providing the reasons for disapproving the proposed 
IPA.
    (3) Administrative Appeals. An IPA representative who receives an 
IAD disapproving a proposed IPA may appeal under the procedures set 
forth at Sec.  679.43. If the IPA representative fails to file an 
appeal of the IAD pursuant to Sec.  679.43, the IAD will become the 
final agency action. If the IAD is appealed and the final agency action 
is a determination to approve the proposed IPA, then the IPA will be 
effective as described in paragraph (f)(12)(iv)(B) of this section.
    (4) Pending appeal. While appeal of an IAD disapproving a proposed 
IPA is pending, proposed members of the IPA subject to the IAD that are 
not currently members of an approved IPA will fish under the opt-out 
allocation under paragraph (f)(5) of this section. If no other IPA has 
been approved by NMFS, NMFS will issue all sectors allocations of the 
47,591 Chinook salmon PSC limit as described in paragraph 
(f)(3)(iii)(C) of this section, or, in low Chinook salmon abundance 
years, allocations of the 33,318 Chinook salmon PSC limit as described 
in paragraph (f)(3)(iii)(D) of this section.
    (vi) Public release of an IPA. NMFS will make all proposed IPAs and 
all approved IPAs and the list of participants in each approved IPA 
available to the public on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov/).
    (13) IPA Annual Report. The representative of each approved IPA 
must submit a written annual report to the Council at the address 
specified in Sec.  679.61(f). The Council will make the annual report 
available to the public.
    (i) Submission deadline. The IPA Annual Report must be received by 
the Council no later than March 15.
    (ii) Information requirements. The IPA Annual Report must contain 
the following information:
    (A) A comprehensive description of the incentive measures, 
including the rolling hot spot program and salmon excluder use, in 
effect in the previous year;
    (B) A description of how these incentive measures affected 
individual vessels;
    (C) An evaluation of whether incentive measures were effective in 
achieving salmon savings beyond levels that would have been achieved in 
absence of the measures, including the effectiveness of--
    (1) Measures to ensure that chum salmon were avoided in areas and 
at times where chum salmon are likely to return to western Alaska;
    (2) Restrictions or penalties that target vessels that consistently 
have significantly higher Chinook salmon PSC rates relative to other 
vessels; and
    (3) Restrictions or performance criteria used to ensure that 
Chinook PSC rates in October are not significantly higher than in 
previous months.
    (D) A description of any amendments to the terms of the IPA that 
were approved by NMFS since the last annual report and the reasons that 
the amendments to the IPA were made.
    (E) The sub-allocation to each participating vessel of the number 
of Chinook salmon PSC and amount of pollock (mt) at the start of each 
fishing season, and number of Chinook salmon PSC and amount of pollock 
(mt) caught at the end of each season.
    (F) The following information on in-season transfer of Chinook 
salmon PSC and pollock among AFA cooperatives, entities eligible to 
receive Chinook salmon PSC allocations, or CDQ groups:
    (1) Date of transfer;
    (2) Name of transferor;
    (3) Name of transferee;
    (4) Number of Chinook salmon PSC transferred; and
    (5) Amount of pollock (mt) transferred.
    (G) The following information on in-season transfers among vessels 
participating in the IPA:
    (1) Date of transfer;
    (2) Name of transferor;
    (3) Name of transferee;
    (4) Number of Chinook salmon PSC transferred; and
    (5) Amount pollock (mt) transferred.
    (14) Non-Chinook salmon prohibited species catch (PSC) limit and 
Chum Salmon Savings Area. (i) The PSC limit for non-Chinook salmon 
caught by vessels using trawl gear from August 15 through October 14 in 
the Catcher Vessel Operational Area, as defined under Sec.  
679.22(a)(5) and in Figure 2 to this part, is 42,000 fish.

[[Page 5701]]

    (ii) 10.7 percent of the non-Chinook PSC limit is allocated to the 
CDQ Program as a PSQ reserve.
    (iii) If the Regional Administrator determines that 42,000 non-
Chinook salmon have been caught by vessels using trawl gear during the 
period August 15 through October 14 in the Catcher Vessel Operational 
Area, NMFS will prohibit fishing for pollock for the remainder of the 
period September 1 through October 14 in the Chum Salmon Savings Area 
as defined in Figure 9 to this part.
    (iv) Trawl vessels participating in directed fishing for pollock 
and operating under an IPA approved by NMFS under paragraph (f)(12) of 
this section are exempt from closures in the Chum Salmon Savings Area.
    (15) Salmon handling. Regulations in this paragraph apply to 
vessels directed fishing for pollock in the BS, including pollock CDQ, 
and processors taking deliveries from these vessels.
    (i) Salmon discard. The operator of a vessel and the manager of a 
shoreside processor or SFP must not discard any salmon or transfer or 
process any salmon under the PSD Program at Sec.  679.26 if the salmon 
were taken incidental to a directed fishery for pollock in the BS until 
the number of salmon has been determined by the observer and the 
observer's collection of any scientific data or biological samples from 
the salmon has been completed.
    (ii) Salmon retention and storage. (A) Operators of catcher/
processors or motherships must--
    (1) Sort and transport all salmon bycatch from each haul to an 
approved storage container located adjacent to the observer sampling 
station that allows an observer free and unobstructed access to the 
salmon (see Sec.  679.28(d)(2)(i) and (d)(7)). The salmon storage 
container must remain in view of the observer from the observer 
sampling station at all times during the sorting of the haul.
    (2) If, at any point during sorting of a haul or delivery, the 
salmon are too numerous to be contained in the salmon storage 
container, cease all sorting and give the observer the opportunity to 
count the salmon in the storage container and collect scientific data 
or biological samples. Once the observer has completed all counting and 
sampling duties for the counted salmon, the salmon must be removed by 
vessel personnel from the approved storage container and the observer 
sampling station, in the presence of the observer.
    (3) Before sorting of the next haul may begin, give the observer 
the opportunity to complete the count of salmon and the collection of 
scientific data or biological samples from the previous haul. When the 
observer has completed all counting and sampling duties for a haul or 
delivery, vessel personnel must remove the salmon, in the presence of 
the observer, from the salmon storage container and the observer 
sampling station.
    (4) Ensure no salmon of any species pass the observer sample 
collection point, as identified in the scale drawing of the observer 
sample station (see Sec.  679.28(d)(2)(i) and (d)(7)).
    (B) Operators of vessels delivering to shoreside processors or 
stationary floating processors must--
    (1) Retain all salmon taken incidental to a directed fishery for 
pollock in the BS until the salmon are delivered to the processor 
receiving the vessel's BS pollock catch.
    (2) Notify the observer at least 15 minutes before handling catch 
on board the vessel, including, but not limited to, moving catch from 
one location to another, sorting, or discard of catch prior to the 
delivery of catch to the processor receiving the vessel's BS pollock 
catch. This notification requirement is in addition to the notification 
requirements in Sec.  679.51(e).
    (3) Secure all salmon and catch after the observer has completed 
the collection of scientific data and biological samples and after the 
vessel crew has completed handling the catch. All salmon and any other 
catch retained on board the vessel must be made unavailable for sorting 
and discard until the delivery of catch to the processor receiving the 
vessel's BS pollock catch. Methods to make salmon or retained catch 
unavailable for sorting or discard include but are not limited to 
securing the catch in a completely enclosed container above or below 
deck, securing the catch in an enclosed codend, or completely and 
securely covering the fish on deck.
    (4) Comply with the requirements in paragraphs (f)(15)(ii)(B)(2) 
and (3) of this section, before handling the catch prior to delivery.
    (C) Shoreside processors or stationary floating processors must --
    (1) Comply with the requirements in Sec.  679.28(g)(7)(vii) for the 
receipt, sorting, and storage of salmon from deliveries of catch from 
the BS pollock fishery.
    (2) Ensure no salmon of any species pass beyond the last point 
where sorting of fish occurs, as identified in the scale drawing of the 
plant in the Catch Monitoring Control Plan (CMCP).
    (3) Sort and transport all salmon of any species to the salmon 
storage container identified in the CMCP (see Sec.  679.28(g)(7)(vi)(C) 
and(g)(7)(x)(F)). The salmon must remain in that salmon storage 
container and within the view of the observer at all times during the 
offload.
    (4) If, at any point during the offload, salmon are too numerous to 
be contained in the salmon storage container, cease the offload and all 
sorting and give the observer the opportunity to count the salmon and 
collect scientific data or biological samples. The counted salmon then 
must be removed from the area by plant personnel in the presence of the 
observer.
    (5) At the completion of the offload, give the observer the 
opportunity to count the salmon and collect scientific data or 
biological samples.
    (6) Before sorting of the next offload of catch from the BS pollock 
fishery may begin, give the observer the opportunity to complete the 
count of salmon and the collection of scientific data or biological 
samples from the previous offload of catch from the BS pollock fishery. 
When the observer has completed all counting and sampling duties for 
the offload, plant personnel must remove the salmon, in the presence of 
the observer, from the salmon storage container and location where 
salmon are counted and biological samples or scientific data are 
collected.
    (iii) Assignment of crew to assist observer. Operators of vessels 
and managers of shoreside processors and SFPs that are required to 
retain salmon under paragraph (f)(15)(i) of this section must designate 
and identify to the observer aboard the vessel, or at the shoreside 
processor or SFP, a crew person or employee responsible for ensuring 
all sorting, retention, and storage of salmon occurs according to the 
requirements of (f)(15)(ii) of this section.
    (iv) Discard of salmon. Except for salmon under the PSD Program at 
Sec.  679.26, all salmon must be returned to the sea as soon as is 
practicable, following notification by an observer that the number of 
salmon has been determined and the collection of scientific data or 
biological samples has been completed.
    (g) Chinook salmon bycatch management in the AI pollock fishery--
(1) Applicability. This paragraph contains regulations governing the 
bycatch of Chinook salmon in the AI pollock fishery.
    (2) AI Chinook salmon PSC limit. (i) The PSC limit for Chinook 
salmon caught by vessels while harvesting pollock in the AI is 700 
fish.
    (ii) 7.5 percent of the PSC limit is allocated to the CDQ Program 
as a PSQ reserve.

[[Page 5702]]

    (3) Area closures. If, during the fishing year, the Regional 
Administrator determines that catch of Chinook salmon by vessels using 
trawl gear while directed fishing for pollock in the AI will reach the 
PSC limit, NMFS, by notification in the Federal Register, will close 
the AI Chinook Salmon Savings Area, as defined in Figure 8 to this 
part, to directed fishing for pollock with trawl gear on the following 
dates:
    (i) From the effective date of the closure until April 15, and from 
September 1 through December 31, if the Regional Administrator 
determines that the annual limit of AI Chinook salmon will be attained 
before April 15.
    (ii) From September 1 through December 31, if the Regional 
Administrator determines that the annual limit of AI Chinook salmon 
will be attained after April 15.
* * * * *
0
6. In Sec.  679.22, revise paragraph (a)(10) to read as follows:


Sec.  679.22  Closures.

    (a) * * *
    (10) Chum Salmon Savings Area. Directed fishing for pollock by 
vessels using trawl gear is prohibited from August 1 through August 31 
in the Chum Salmon Savings Area defined at Figure 9 to this part (see 
also Sec.  679.21(f)(14)). Vessels directed fishing for pollock in the 
BS, including pollock CDQ, and operating under an approved IPA under 
Sec.  679.21(f)(12) are exempt from closures in the Chum Salmon Savings 
Area.
* * * * *
0
7. In Sec.  679.28, revise paragraphs (d)(7)(i), (ii), and (iii) to 
read as follows:


Sec.  679.28  Equipment and operational requirements.

* * * * *
    (d) * * *
    (7) * * *
    (i) A salmon storage container must be located adjacent to the 
observer sampling station;
    (ii) The salmon storage container must remain in view of the 
observer at the observer sampling station at all times during the 
sorting of each haul; and
    (iii) The salmon storage container must be at least 1.5 cubic 
meters.
* * * * *
0
8. In Sec.  679.51, revise paragraphs (e)(1)(iii), (e)(2) introductory 
text, and (e)(2)(iii)(B)(3) to read as follows:


Sec.  679.51  Observer requirements for vessels and plants.

* * * * *
    (e) * * *
    (1) * * *
    (iii) Communications and observer data entry--(A) Observer use of 
equipment. Allow an observer to use the vessel's communications 
equipment and personnel, on request, for the confidential entry, 
transmission, and receipt of work-related messages, at no cost to the 
observer or the United States.
    (B) The operator of a catcher/processor, mothership, or catcher 
vessel 125 ft LOA or longer (except for a catcher vessel fishing for 
groundfish with pot gear) must provide the following equipment, 
software and data transmission capabilities:
    (1) Observer access to computer. Make a computer available for use 
by the observer.
    (2) NMFS-supplied software. Ensure that the most recent release of 
NMFS data entry software provided by the Regional Administrator or 
other approved software is installed on the computer described in 
paragraph (e)(1)(iii)(B)(1) of this section.
    (3) Data transmission. The computer and software described in 
paragraphs (e)(1)(iii)(B)(1) and (2) of this section must be connected 
to a communication device that provides a point-to-point connection to 
the NMFS host computer.
    (4) Functional and operational equipment. Ensure that the required 
equipment described in paragraph (e)(1)(iii)(B) of this section and 
that is used by an observer to enter or transmit data is fully 
functional and operational. ``Functional'' means that all the tasks and 
components of the NMFS-supplied, or other approved, software described 
in paragraph (e)(1)(iii)(B)(2) of this section and any required data 
transmissions to NMFS can be executed effectively aboard the vessel by 
the equipment.
    (C) The operator of a catcher vessel participating in the Rockfish 
Program or a catcher vessel less than 125 ft LOA directed fishing for 
pollock in the BS must comply with the computer and software 
requirements described in paragraphs (e)(1)(iii)(B)(1), (2), and (4) of 
this section.
* * * * *
    (2) Shoreside processor and stationary floating processor 
responsibilities. A manager of a shoreside processor or a stationary 
floating processor that is required to maintain observer coverage as 
specified under paragraph (b) of this section must:
* * * * *
    (iii) * * *
    (B) * * *
    (3) Functional and operational equipment. Ensuring that the 
communications equipment required under paragraph (e)(2)(iii)(B) of 
this section that is used by observers to enter and transmit data is 
functional and operational. ``Functional'' means that all the tasks and 
components of the NMFS-supplied, or other approved, software described 
at paragraph (e)(2)(iii)(B)(2) of this section and any data 
transmissions to NMFS can be executed effectively by the communications 
equipment.
* * * * *


Tables 47a through 47d to Part 679   [Removed]

0
9. Remove Tables 47a through 47d to part 679.

[FR Doc. 2016-01890 Filed 2-2-16; 8:45 am]
 BILLING CODE 3510-22-P