70974 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 

fraction was 15 percent based on three 

seasons of sea surface temperature at 

Scripps Pier, California.

Based on the estimated biomass of 

1,193,515 mt and the formula in the 

FMP, a harvest guideline of 136,179 mt 

was determined for the fishery 

beginning January 1, 2005. The harvest 

guideline is allocated one-third for 

Subarea A, which is north of 39° 00′ N. 

lat. (Pt. Arena, CA) to the Canadian 

border, and two-thirds for Subarea B, 

which is south of 39° 00′ N. lat. to the 

Mexican border. The northern allocation 

is 45,393 mt; the southern allocation is 

90,786 mt.

Classification

These proposed specifications are 

issued under the authority of, and 

NMFS has preliminarily determined 

that it is in accordance with, the 

Magnuson-Stevens Fishery 

Conservation and Management Act, the 

FMP, and the regulations implementing 

the FMP at 50 CFR part 660, subpart I.

This proposed rule is exempt from 

review under Executive Order 12866.

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities as 

follows:

The purpose of the proposed rule is to 

inform the public of the 2005 harvest 

guideline for Pacific sardine in the EEZ off 

the Pacific coast. The CPS FMP and its 

implementing regulations require NMFS to 

set an annual harvest guideline for Pacific 

sardine based on the formula in the FMP. 

The harvest guideline is derived by a formula 

applied to the current biomass estimate. The 

formula leaves little latitude for discretion 

except when errors are found in the 

calculations or in the data then those 

adjustments may be made. There is no 

alternative to the harvest guideline as 

specified; there is no discretion to use an 

adjusted formula. Further, there is only one 

stock assessment method available to 

establish the adult biomass used to derive the 

harvest guideline. No changes are proposed 

in the regulations governing the fishery.

The proposed harvest guideline for the 

2005 fishing season is 136,179 mt, which is 

approximately 10 percent higher than that of 

the 2004 harvest guideline which could 

result in increased revenue to the fleet. 

Whether this occurs depends on market 

forces and the ability of the fishing fleet to 

find pure schools of Pacific sardine. If the 

fleet were to take the full harvest guideline, 

and assuming no change in average exvessel 

price from the current level, the total revenue 

to the fleet would be $15 million. However, 

even if there is no change in market 

conditions, it is not likely that the full 

harvest guideline will be taken in the 2005 

fishing year (because of the availability of the 

fleet to find pure schools of Pacific sardine), 

in which case total revenue would likely be 

lower. The Pacific sardine season begins on 

January 1, 2005, and ends on December 31, 

2005, or when the harvest guideline is caught 

and the fishery is closed.

The harvest guideline would apply to the 

CPS purse seine fleet, which consists of 62 

small vessels fishing under a limited entry 

program within U.S. waters. They have been 

actively regulated since the year 2000 

without difficulty. The limited entry program 

was initiated because before 2000 the fleet 

was overcapitalized characterized by 

excessive harvest capacity for current 

biomass conditions. As a fishery becomes 

overcapitalized, economic efficiency is 

reduced and pressure to over harvest stocks 

increases. Setting the Pacific sardine harvest 

guideline under the limited entry program 

may affect the CPS vessels but will affect 

them less than if there were no limited entry 

program. Specifically that overcapitalization 

would be a greater risk (economic efficiency 

is reduced, pressure to over harvest stocks 

increases, and other serious biological 

[resource depletion] and practical problems 

[short seasons, wastage, dangerous fishing 

practices] are typical of open access 

conditions) to their income than that of 

setting a harvest guideline under the limited 

entry program. These vessels fish for small 

pelagic fish (Pacific sardine, Pacific 

mackerel) all year and for market squid in the 

winter, and may harvest tuna in the U.S. 

exclusive economic zone seasonally when 

they are available, usually late in the summer 

and early fall. These vessels are considered 

small business entities. There should not be 

any significant economic impact to a 

substantial number of these small entities.

As a result, a regulatory flexibility 

analysis is not required and none has 

been prepared.

Authority: 16 U.S.C. 1801 et seq.

Dated: December 2, 2004.

William T. Hogarth,

Assistant Administrator for Fisheries, 

National Marine Fisheries Service.

[FR Doc. 04–26953 Filed 12–7–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 041126332–4332–01; I.D. 

112204A]

Fisheries of the Exclusive Economic 

Zone off Alaska; Bering Sea and 

Aleutian Islands; 2005 and 2006 

Proposed Harvest Specifications for 

Groundfish

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: 2005 and 2006 proposed harvest 

specifications for groundfish; request for 

comments.

SUMMARY: NMFS proposes 2005 and 

2006 harvest specifications and 

prohibited species catch (PSC) 

allowances for the groundfish fishery of 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to establish harvest limits for 

groundfish during the 2005 and 2006 

fishing years and to accomplish the 

goals and objectives of the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). The intended 

effect of this action is to conserve and 

manage the groundfish resources in the 

BSAI in accordance with the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act).

DATES: Comments must be received by 

January 7, 2005.

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Lori Durall. Comments may be 

submitted by:

• Mail to P.O. Box 21668, Juneau, AK 

99802;

• Hand Delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, AK;

• E-mail to 

2005AKgroundfish.tacspecs@noaa.gov

and include in the subject line of the email comments the document identifier: 

2005 Proposed Specifications (E-mail 

comments, with or without attachments, 

are limited to 5 megabytes);

• FAX to 907–586–7557; or

• Webform at the Federal 

eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions at that site for submitting 

comments.

Copies of the draft Environmental 

Assessment/Initial Regulatory 

Flexibility Analysis (EA/IRFA) prepared 

for this action are available from NMFS 

at the addresses above or from the 

Alaska Region website at 

www.fakr.noaa.gov. Copies of the final 

2003 Stock Assessment and Fishery 

Evaluation (SAFE) report for the 

groundfish resources of the BSAI, dated 

November 2003, are available from the 

North Pacific Fishery Management 

Council (Council), West 4th Avenue, 

Suite 306, Anchorage, AK 99510–2252 

(907–271–2809), or from its website at 

www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228, or email at mary.furuness@noaa.gov.

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 70975

SUPPLEMENTARY INFORMATION:

Background

Federal regulations at 50 CFR part 679 

implement the FMP and govern the 

groundfish fisheries in the BSAI. The 

Council prepared the FMP and NMFS 

approved it under the MagnusonStevens Act. General regulations 

governing U.S. fisheries also appear at 

50 CFR part 600.

The FMP and its implementing 

regulations require NMFS, after 

consultation with the Council, to 

specify annually the total allowable 

catch (TAC) for each target species and 

the ‘‘other species’’ category, the sum of 

which must be within the optimum 

yield range of 1.4 million to 2.0 million 

metric tons (mt) (see § 679.20(a)(1)(i)). 

Regulations at § 679.20(c)(1) further 

require NMFS to solicit public comment 

on proposed annual TACs and 

apportionments thereof, PSC allowances 

and prohibited species quota (PSQ) 

reserves established by § 679.21, 

seasonal allowances of pollock, Pacific 

cod and Atka mackerel TAC, including 

pollock Community Development Quota 

(CDQ), and CDQ reserve amounts 

established by § 679.20(b)(1)(iii) and to 

publish proposed harvest specifications 

in the Federal Register. The proposed 

harvest specifications set forth in Tables 

1 through 13 of this action satisfy these 

requirements.

Under § 679.20(c)(3), NMFS will 

publish the final annual specifications 

for 2005 and 2006 after (1) considering 

comments received within the comment 

period (see DATES), (2) consulting with 

the Council at its next meeting 

beginning the week of December 6, 

2004, and (3) considering new 

information presented in the EA and the 

final 2004 SAFE reports prepared for the 

2005 and 2006 groundfish fisheries.

With some exceptions, regulations at 

§ 679.20(c)(2)(ii) require that one-fourth 

of each proposed initial TAC (ITAC) 

amount and apportionment thereof, onefourth of each CDQ reserve established 

under § 679.20(b)(1)(iii), and one-fourth 

of each proposed PSC allowance 

established under § 679.21 become 

available at 0001 hours, Alaska local 

time (A.l.t.), January 1, on an interim 

basis and remain in effect until 

superseded by the final harvest 

specifications. Regulations at 

§ 679.20(c)(2)(ii)(A) and (B) require that 

the proposed first seasonal allowance of 

non-CDQ and CDQ pollock, Pacific cod, 

and Atka mackerel becomes available at 

0001 hours, A.l.t., January 1, on an 

interim basis and remains in effect until 

superseded by the final harvest 

specifications. Regulations at 

§ 679.20(c)(2)(ii) do not provide for an 

interim harvest specification for either 

the hook-and-line and pot gear sablefish 

CDQ reserve or for sablefish managed 

under the Individual Fishing Quota 

(IFQ) program. Interim harvest 

specifications and apportionments 

thereof for the 2005 fishing year will be 

published in a separate Federal Register

notice.

Other Rules Affecting the 2005 and 

2006 Harvest Specifications

Amendments 48/48 to the FMP and to 

the Fishery Management Plan for 

Groundfish of the Gulf of Alaska (GOA) 

were unanimously recommended by the 

Council in October 2003 and approved 

by NMFS on October 12, 2004. The final 

rule implementing Amendments 48/48 

was published November 8, 2004, (69 

FR 64683). Amendments 48/48 revise 

the administrative process used to 

establish annual specifications for the 

groundfish fisheries of the GOA and the 

BSAI. The goals of Amendments 48/48 

in revising the harvest specifications 

process are to (1) manage fisheries based 

on the best scientific information 

available, (2) provide for adequate prior 

public review and comment on Council 

recommendations, (3) provide for 

additional opportunity for Secretarial 

review, (4) minimize unnecessary 

disruption to fisheries and public 

confusion, and (5) promote 

administrative efficiency.

Based on the approval of 

Amendments 48/48, the Council 

recommended 2005 and 2006 proposed 

harvest specifications for BSAI 

groundfish. These proposed harvest 

specifications are based on the 2003 

SAFE report. In November 2004, the 

2004 SAFE report will be used to 

develop the final 2005 and 2006 

groundfish acceptable biological catch 

amounts (ABC). When possible, this 

proposed rule will identify any proposal 

that may be anticipated to change in the 

final specifications. The 2006 harvest 

specification will be updated in early 

2006, when final harvest specifications 

for 2006 and new harvest specification 

for 2007 are implemented.

In June 2004, the Council adopted 

Amendment 82 to the FMP. This 

amendment would establish a 

framework for management of the 

Aleutian Islands (AI) directed pollock 

fishery. If approved by NMFS, this 

amendment would be implemented 

after the commencement of the 2005 

fishing year. Section 803 of the 

Consolidated Appropriations Act of 

2004 (CAA), Pub. L. No. 108–199, 

requires the AI directed pollock fishery 

to be allocated to the Aleut Corporation 

for economic development of Adak, 

Alaska. Prior to the CAA, the AI 

directed pollock fishery was managed 

pursuant to the American Fisheries Act 

(AFA), Pub. L. No. 105–277, Title II of 

Division C. The AFA allocated the AI 

directed pollock fishery to specific 

harvesters and processors named in the 

AFA. The CAA supersedes that portion 

of the AFA. Together, the CAA and the 

AFA effectively allocate the AI directed 

pollock fishery to the Aleut Corporation 

after subtraction of the CDQ directed 

fishing allowance and incidental catch 

allowance (ICA) from the pollock TAC. 

The implementation of section 803 of 

the CAA requires amending AFA 

provisions in the FMP and in the 

regulations at 50 CFR part 679. This 

would be accomplished by Amendment 

82, if it is approved.

Until a decision is made on whether 

to approve Amendment 82, NMFS will 

prohibit the non-CDQ AI directed 

pollock fishery in the interim and final 

harvest specifications for 2005 and 2006 

based on the statutory language of 

section 803 of the CAA. The AI pollock 

TAC recommended by the Council 

under the provisions of proposed 

Amendment 82 will be included in the 

2005 and 2006 proposed, interim, and 

final harvest specifications to allow the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), to open the AI 

directed pollock fishery if and when the 

regulations for Amendment 82 are 

effective. As stated above, this 

prohibition is authorized by section 803 

of the CAA, which requires that only 

those who are selected by the Aleut 

Corporation and approved by NMFS 

may participate in the non-CDQ AI 

directed pollock fishery. For additional 

information, see the November 16, 2004, 

notice of availability (69 FR 67107) and 

the December 7, 2004, proposed rule for 

Amendment 82.

The Council recommended an upper 

limit for the AI pollock TAC equal to 

19,000 mt, except that when the AI 

pollock ABC is less than 19,000 mt, AI 

pollock TAC shall be no more than 40 

percent of the Allowable Biological 

Catch (ABC). The directed pollock 

fishery allocation to the Aleut 

Corporation would be seasonally 

apportioned. The Council also adopted 

a chinook salmon bycatch limit for the 

AI directed pollock fishery. Tables 1 

and 2 list the 2005 and 2006 proposed 

allocations and seasonal 

apportionments of the AI pollock TAC 

based on regulations that would 

implement Amendment 82, if it is 

approved.

Other actions that may affect the 2005 

and 2006 harvest specifications are 

based on recommendations from the 

Council’s Plan Team. The Council may 

consider apportionment of the Pacific 

70976 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 

cod ABC or TAC by Bering Sea subarea 

and AI subarea separately instead of by 

the full BSAI management area. Also, 

the Council may consider separating 

some rockfish species from the ‘‘other 

rockfish’’ species category.

Proposed ABC and TAC Harvest 

Specifications

The proposed ABC levels are based on 

the best available biological and 

socioeconomic information, including 

projected biomass trends, information 

on assumed distribution of stock 

biomass, and revised technical methods 

used to calculate stock biomass. In 

general, the development of ABCs and 

overfishing levels (OFLs) involves 

sophisticated statistical analyses of fish 

populations and is based on a 

successive series of six levels, or tiers, 

of reliable information available to 

fishery scientists. Tier one represents 

the highest data quality and tier six the 

lowest level of data quality available.

The best information currently 

available is set forth in Appendix A to 

the final SAFE report for the 2004 BSAI 

groundfish fisheries dated November 

2003 (see ADDRESSES). Information on 

the status of stocks will be updated with 

the 2004 survey results and 

reconsidered by the Plan Team in 

November 2004 for the 2004 SAFE 

report. The final harvest specifications 

will be based on the 2004 SAFE report.

In October 2004, the Scientific and 

Statistical Committee (SSC) and the 

Council reviewed the Plan Team’s 

preliminary projections for 2004 

biomass amounts, as presented in the 

2003 SAFE report, as the basis for the 

2005 and 2006 proposed ABC, OFL, and 

TAC amounts. Due to time constraints, 

the Council’s Advisory Panel did not 

provide recommendations for the 

proposed harvest specifications. The 

SSC concurred with the Plan Team’s 

recommendations, which estimate the 

2005 and 2006 proposed ABCs and 

OFLs by using a projection of 2004 and 

2005 groundfish harvest with the 

November 2003 SAFE report model 

projections of 2004 ABCs for groundfish 

stocks managed at tiers 1–3. The 

Council adopted the OFL and ABC 

amounts recommended by the SSC 

(Table 1), except for Atka mackerel. The 

Council recommended using the 2004 

OFL and ABC amounts for Atka 

mackerel based on survey data that 

became available October 8, 2004, 

instead of using the projected amounts 

for 2005 and 2006. The Council 

recommended that the 2005 and 2006 

proposed TACs be set equal to the 2004 

TACs, except for minor decreases for 

sablefish and Pacific ocean perch and 

minor increases in 2005 for Pacific cod 

and rock sole based on preliminary data 

evaluated by the Plan Team. The 

Council also recommended an AI 

pollock TAC to support a directed 

pollock fishery, pending approval of 

Amendment 82. The Council 

recommended using the 2004 PSC 

allowances for the 2005 and 2006 

proposed allowances. The Council will 

reconsider the OFL, ABC, TAC, and PSC 

amounts in December 2004 after the 

Plan Team incorporates new status of 

stocks information into a final 2004 

SAFE report, for the 2005 and 2006 

BSAI groundfish fishery. None of the 

Council’s recommended proposed TACs 

for 2005 or 2006 exceed the 

recommended 2005 or 2006 proposed 

ABC for any species category. NMFS 

finds the Council’s recommended 

proposed 2005 and 2006 OFLs, ABCs, 

and TACs are consistent with the best 

available information on the biological 

condition of the groundfish stocks.

Table 1 lists the 2005 and 2006 

proposed OFL, ABC, and TAC, ITAC 

and CDQ amounts for groundfish in the 

BSAI. The proposed apportionment of 

TAC amounts among fisheries and 

seasons is discussed below.

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 70977

TABLE 1

—2005 AND 2006 PROPOSED OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH 

(TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI1

[Amounts are in metric tons] 

Species Area 

2005 2006

OFL ABC TAC ITAC2 CDQ3 OFL ABC TAC ITAC2 CDQ3

Pollock4 BS2 2,909,800 2,363,000 1,474,450 1,327,005 147,445 2,542,900 2,087,800 1,474,000 1,326,600 147,400

AI2 52,600 39,400 19,000 17,100 1,900 52,600 39,400 19,000 17,100 1,900

Bogoslof 39,600 2,570 50 50 ...... 39,600 2,570 50 50 ......

Pacific cod BSAI 352,500 225,500 215,952 183,559 16,196 344,700 220,500 215,500 183,175 16,163Sablefish5 BS 3,432 2,418 2,418 1,028 332 3,184 2,244 2,244 954 84

AI 3,960 2,790 2,790 592 471 3,674 2,589 2,589 550 49

Atka mackerel BSAI 78,500 66,700 63,000 53,550 4,725 78,500 66,700 63,000 53,550 4,725

WAI ...... 24,360 20,660 17,561 1,550 ...... 24,360 20,660 17,561 1,550

CAI ...... 31,100 31,100 26,435 2,333 ...... 31,100 31,100 26,435 2,333

EAI/BS ...... 11,240 11,240 9,554 843 ...... 11,240 11,240 9,554 843

Yellowfin sole BSAI 129,710 109,300 86,075 73,164 6,456 124,900 105,250 86,075 73,164 6,456Rock sole BSAI 153,290 128,370 41,450 35,233 3,109 136,240 114,060 41,000 34,850 3,075Greenland turbot BSAI 17,740 11,230 3,500 2,975 263 16,490 10,430 3,500 2,975 263

BS ...... 7,524 2,700 2,295 203 ...... 6,988 2,700 2,295 203

AI ...... 3,706 800 680 60 ...... 3,442 800 680 60

Arrowtooth flounder BSAI 144,990 96,140 12,000 10,200 900 145,480 96,300 12,000 10,200 900Flathead sole BSAI 69,100 56,860 19,000 16,150 1,425 64,870 53,380 19,000 16,150 1,425Other flatfish6 BSAI 18,100 13,500 3,000 2,550 225 18,100 13,500 3,000 2,550 225Alaska plaice BSAI 254,970 159,040 10,000 8,500 750 255,220 159,230 10,000 8,500 750Pacific ocean perch BSAI 15,790 12,020 12,020 10,217 902 15,990 12,170 12,170 10,345 913

BS ...... 1,923 1,923 1,635 144 ...... 1,947 1,947 1,655 146

WAI ...... 4,655 4,655 3,957 349 ...... 4,713 4,713 4,006 353

CAI ...... 2,655 2,655 2,257 199 ...... 2,689 2,689 2,286 202

EAI ...... 2,787 2,787 2,369 209 ...... 2,821 2,821 2,398 212

Northern BSAI 7,900 6,030 5,000 4,250 375 7,670 5,850 5,000 4,250 375Shortraker BSAI 701 526 526 447 39 701 526 526 447 39Rougheye BSAI 259 195 195 166 15 259 195 195 166 15Other rockfish7 BS 1,280 960 460 391 35 1,280 960 460 391 35

AI 846 634 634 539 48 846 634 634 539 48

Squid BSAI 2,620 1,970 1,275 1,084 ...... 2,620 1,970 1,275 1,084 ......Other species8 BSAI 81,150 46,810 27,205 23,124 2,040 81,150 46,810 27,205 23,124 2,040TOTAL 4,338,838 3,345,963 2,000,000 1,771,874 187,651 3,936,974 3,043,068 1,998,423 1,770,714 186,881

1These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea 

(BS) subarea includes the Bogoslof District. 2Except for pollock and the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC is put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of these reserves. 3Except for pollock, squid and the hook-and-line or pot gear allocation of sablefish, one half of the amount of the TACs placed in reserve, or 7.5 percent of the TACs, is designated as a 

CDQ reserve for use by CDQ participants (see §§ 679.20(b)(1)(iii) and 679.31). 4Under § 679.20(a)(5)(i)(A)(1), the annual Bering Sea pollock TAC after subtraction for the CDQ directed fishing allowance - 10 percent and the ICA - 3 percent, is further allocated by sector for a directed pollock fishery as follows: inshore - 50 percent; catcher/processor - 40 percent; and motherships - 10 percent. Pending approval of Amendment 82, the annual AI pollock 

TAC, after subtraction for the CDQ directed fishing allowance - 10 percent and the ICA - 2,000 mt, would be allocated to the Aleut Corporation for a directed pollock fishery. 5The ITAC for sablefish reflected in Table 1 is for trawl gear only. Regulations at § 679.20(b)(1) do not provide for the establishment of an ITAC for the hook-and-line and pot gear allocation for sablefish. Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear and 7.5 percent of the sablefish TAC allocated to trawl gear is reserved for use by CDQ 

participants (see § 679.20(b)(1)(iii)). 6‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder and Alaska plaice. 7‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish. 8‘‘Other species’’ includes sculpins, sharks, skates and octopus. Forage fish, as defined at § 679.2, are not included in the ‘‘other species’’ category.

70978 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 

Reserves and the ICA for Pollock

Regulations at § 679.20(b)(1)(i) require 

that 15 percent of the TAC for each 

target species or species group, except 

for pollock and the hook-and-line and 

pot gear allocation of sablefish, be 

placed in a non-specified reserve. 

Regulations at § 679.20(b)(1)(iii) require 

that one half of each TAC amount 

placed in the non-specified reserve (7.5 

percent), with the exception of squid, be 

allocated to the groundfish CDQ reserve 

and that 20 percent of the hook-and-line 

and pot gear allocation of sablefish be 

allocated to the fixed gear sablefish CDQ 

reserve. Regulations at 

§§ 679.20(a)(5)(i)(A) and 679.31(a)(2) 

also require that 10 percent of the 

Bering Sea and Aleutian Islands pollock 

TAC be allocated to the pollock CDQ 

directed fishing allowance. The entire 

Bogoslof District pollock TAC is 

allocated as an ICA (see 

§ 679.20(a)(5)(ii)). With the exception of 

the hook-and-line and pot gear sablefish 

CDQ reserve, the regulations do not 

further apportion the CDQ reserves by 

gear. Regulations at § 679.21(e)(1)(i) also 

require that 7.5 percent of each PSC 

limit, with the exception of herring, be 

withheld as a PSQ reserve for the CDQ 

fisheries. Regulations governing the 

management of the CDQ and PSQ 

reserves are set forth at §§ 679.30 and 

679.31.

Under regulations at 

§ 679.20(a)(5)(i)(A)(1), NMFS allocates a 

pollock ICA of 3 percent of the Bering 

Sea pollock TAC after subtraction of the 

10 percent CDQ reserve. This allowance 

is based on an examination of the 

incidental catch of pollock in target 

fisheries other than pollock from 1998 

through 2003. During this 6-year period, 

the incidental catch of pollock ranged 

from a low of 2 percent in 2003 to a high 

of 5 percent in 1999, with a 6-year 

average of 3 percent. Because these 

incidental percentages are contingent on 

the relative amounts of other groundfish 

TACs, NMFS will be better able to 

assess the ICA amount when the 

Council makes final ABC and TAC 

amount recommendations in December. 

Under regulations that would be 

effective with the final rule 

implementing Amendment 82, NMFS 

recommends setting a 2,000 mt ICA for 

AI subarea pollock after a subtraction of 

the 10 percent CDQ directed fishing 

allowance. The Aleut Corporation’s 

directed pollock fishery will be closed 

until regulations implementing 

Amendment 82 (if approved) become 

effective.

The regulations do not designate the 

remainder of the non-specified reserve 

by species or species group, and any 

amount of the reserve may be 

reapportioned to a target species or the 

‘‘other species’’ category during the 

year, providing that such 

reapportionments do not result in 

overfishing, see § 679.20(b)(1)(ii).

Allocations of Pollock TAC Under the 

AFA

Regulations at § 679.20(a)(5)(i)(A) 

require that 10 percent of the Bering Sea 

subarea pollock TAC be allocated as a 

directed fishing allowance to the CDQ 

program. The remainder of the Bering 

Sea subarea pollock TAC, after the 

subtraction of an allowance (3 percent) 

for the incidental catch of pollock by 

vessels, including CDQ vessels, catching 

other groundfish species, is allocated as 

follows: 50 percent to AFA catcher 

vessels harvesting pollock for 

processing by the inshore component, 

40 percent to AFA catcher/processors 

and catcher vessels harvesting pollock 

for processing by catcher/processors in 

the offshore component, and 10 percent 

to catcher vessels harvesting pollock for 

processing by AFA motherships. Table 

2 lists these 2005 and 2006 proposed 

amounts.

The regulations also contain several 

specific requirements concerning 

pollock and pollock allocations under 

§ 679.20(a)(5)(i)(A)(4). First, 8.5 percent 

of the pollock allocated to the catcher/

processor sector will be available for 

harvest by AFA catcher vessels with 

catcher/processor sector endorsements, 

unless the Regional Administrator 

receives a cooperative contract that 

provides for the distribution of harvest 

between AFA catcher/processors and 

AFA catcher vessels in a manner agreed 

to by all members. Second, AFA 

catcher/processors not listed in the AFA 

are limited to harvesting not more than 

0.5 percent of the pollock allocated to 

the catcher/processor sector. Table 2 

lists the 2005 and 2006 proposed 

allocations of pollock TAC. Tables 8 

through 13 list other provisions of the 

AFA, including inshore pollock 

cooperative allocations and listed 

catcher/processor and catcher vessel 

harvesting sideboard limits.

Table 2 also lists seasonal 

apportionments of pollock and harvest 

limits within the Steller Sea Lion 

Conservation Area (SCA). The harvest 

within the SCA, as defined at 

§ 679.22(a)(7)(vii), is limited to 28 

percent of the annual directed fishing 

allowance (DFA) until April 1. The 

remaining 12 percent of the 40 percent 

of the annual DFA allocated to the A 

season may be taken outside of the SCA 

before April 1 or inside the SCA after 

April 1. If the 28 percent of the annual 

DFA is not taken inside the SCA before 

April 1, the remainder will be available 

to be taken inside the SCA after April 

1. The A season pollock SCA harvest 

limit will be apportioned to each sector 

in proportion to each sector’s allocated 

percentage of the DFA. Table 2 lists by 

sector these 2005 and 2006 proposed 

amounts.

TABLE 2—2005 AND 2006 PROPOSED ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK 

FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)1

[Amounts are in metric tons] 

Area and sector 2005 allocations 

2005 A season1 2005 B 

season1

2006 allocations 

2006 A season1 2006 B 

season 

A season 

DFA 

SCA harvest limit2 B season 

DFA 

A season 

DFA 

SCA harvest limit2 B season 

DFA 

Bering Sea subarea 1,474,450 ...... ...... ...... 1,474,000 ...... ...... ......

CDQ DFA 147,445 58,978 41,285 88,467 147,400 58,960 41,272 88,440

ICA1 46,445 ...... ...... ...... 46,431 ...... ...... ......

AFA Inshore 640,280 256,112 179,278 384,168 640,085 256,034 179,224 384,051

AFA Catcher/Processors3 512,224 204,890 143,423 307,334 512,068 204,827 143,379 307,241

Catch by C/Ps 468,685 187,474 ...... 281,211 468,542 187,417 ...... 281,125

Catch by CVs3 43,539 17,416 ...... 26,123 43,526 17,410 ...... 26,115

Unlisted C/P Limit4 2,561 1,024 ...... 1,537 2,560 1,024 ...... 1,536

AFA Motherships 128,056 51,222 35,856 76,834 128,017 51,207 35,845 76,810

Excessive Harvesting Limit5 224,098 ...... ...... ...... 224,030 ...... ...... ......

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 70979

TABLE 2—2005 AND 2006 PROPOSED ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK 

FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)1—Continued

[Amounts are in metric tons] 

Area and sector 2005 allocations 

2005 A season1 2005 B 

season1

2006 allocations 

2006 A season1 2006 B 

season 

A season 

DFA 

SCA harvest limit2 B season 

DFA 

A season 

DFA 

SCA harvest limit2 B season 

DFA 

Excessive Processing Limit6 384,168 ...... ...... ...... 384,051 ...... ...... ......

Total Bering Sea DFA 1,474,450 571,202 399,841 856,803 1,474,000 571,028 399,719 856,541

Aleutian Islands subarea1 19,000 ...... ...... ...... 19,000 ...... ...... ......

CDQ DFA 1,900 760 ...... 1,140 1,900 760 ...... 1,140

ICA 2,000 1,200 ...... 800 2,000 1,200 ...... 800

Aleut Corporation 15,100 13,800 ...... 1,300 15,100 13,640 ...... 1,460

Bogoslof District ICA7 50 ...... ...... ...... 50 ...... ...... ......

1Under § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock after subtraction for the CDQ DFA - 10 percent and the ICA - 3 percent, the pollock TAC is allocated as a DFA as follows: inshore component - 50 percent, catcher/processor component - 40 percent, and mothership component - 10 percent. In the Bering Sea subarea, the A season, January 20 - June 10, is allocated 40 percent of the DFA and the B season, June 

10 - November 1 is allocated 60 percent of the DFA. The Aleutian Islands (AI) AI directed pollock fishery allocation to the Aleut Corporation remains after subtraction for the CDQ DFA - 10 percent and the ICA - 2,000 mt. The Aleut Corporation directed pollock fishery is closed to directed 

fishing until the management provisions for the AI directed pollock fishery become effective under Amendment 82. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery. 2In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining 

12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If 28 percent 

of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1. 3Under § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by 

eligible catcher vessels delivering to listed catcher/processors. 4Under § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/processors sector’s allocation of pollock. 5Under § 679.20(a)(5)(i)(A)(6) NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock DFAs. 6Under § 679.20(a)(5)(i)(A)(7) NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock DFAs. 7The Bogoslof District is closed by the proposed harvest specifications to directed fishing for pollock. The amounts specified are for ICA only, 

and are not apportioned by season or sector.

Allocation of the Atka Mackerel TAC

Under § 679.20(a)(8)(i), up to 2 

percent of the Eastern Aleutian District 

and the Bering Sea subarea Atka 

mackerel ITAC may be allocated to jig 

gear. The amount of this allocation is 

determined annually by the Council 

based on several criteria, including the 

anticipated harvest capacity of the jig 

gear fleet. The Council recommended 

and NMFS proposes that 1 percent of 

the Atka mackerel ITAC in the Eastern 

Aleutian District and the Bering Sea 

subarea be allocated to jig gear in 2005 

and 2006. Based on an ITAC of 9,554 

mt, the jig gear allocation is 96 mt for 

2005 and 2006.

Regulations at § 679.20(a)(8)(ii)(A) 

apportion the Atka mackerel ITAC into 

two equal seasonal allowances. After 

subtraction of the jig gear allocation, the 

first allowance is made available for 

directed fishing from January 1 (January 

20 for trawl gear) to April 15 (A season), 

and the second seasonal allowance is 

made available from September 1 to 

November 1 (B season) (Table 3).

Under § 679.20(a)(8)(ii)(C)(1), the 

Regional Administrator will establish a 

harvest limit area (HLA) limit of no 

more than 60 percent of the seasonal 

TAC for the Western and Central 

Aleutian Districts. A lottery system is 

used for the HLA Atka mackerel 

directed fisheries to reduce the amount 

of daily catch in the HLA by about half 

and to disperse the fishery over two 

districts, see § 679.20(a)(8)(iii).

TABLE 3—2005 AND 2006 PROPOSED SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, AND CDQ 

RESERVE OF THE BSAI ATKA MACKEREL TAC1

[Amounts are in metric tons] 

Subarea and component 

2005 and 

2006 TAC 

CDQ reserve 

CDQ reserve HLA 

limit4

ITAC 

Seasonal allowances2

A season3 B season3

Total HLA limit4 Total HLA limit4

Western AI District 20,660 1,550 930 17,561 8,781 5,268 8,781 5,268

Central AI District 31,100 2,333 1,400 26,435 13,218 7,931 13,218 7,931

EAI/BS subarea5 11,240 843 ...... 9,554 ...... ...... ...... ......

Jig (1%)6 ...... ...... ...... 96 ...... ...... ...... ......

Other gear (99%) ...... ...... ...... 9,458 4,729 ...... 4,729 ......

Total 63,000 4,725 ...... 53,550 26,727 ...... 26,727 ......

1Regulations at §§ 679.20(a)(8)(ii) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. 2The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.

3The A season is January 1 (January 20 for trawl gear) to April 15 and the B season is September 1 to November 1.

4Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In 

2005 and 2006, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.

70980 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 

5Eastern Aleutian District and the Bering Sea subarea.

6Regulations at § 679.20 (a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea ITAC be allocated to 

jig gear. The proposed amount of this allocation is 1 percent. The jig gear allocation is not apportioned by season.

Allocation of the Pacific Cod TAC

Under § 679.20(a)(7)(i)(A), 2 percent 

of the Pacific cod ITAC is allocated to 

vessels using jig gear, 51 percent to 

vessels using hook-and-line or pot gear, 

and 47 percent to vessels using trawl 

gear. Under regulations at 

§ 679.20(a)(7)(i)(B), the portion of the 

Pacific cod TAC allocated to trawl gear 

is further allocated 50 percent to catcher 

vessels and 50 percent to catcher/

processors. Under regulations at 

§ 679.20(a)(7)(i)(C)(1), a portion of the 

Pacific cod TAC allocated to hook-andline or pot gear is set aside as an ICA 

of Pacific cod in directed fisheries for 

groundfish using these gear types. Based 

on anticipated incidental catch in these 

fisheries, NMFS proposes an ICA of 500 

mt. The remainder of Pacific cod is 

further allocated to vessels using hookand-line or pot gear as the following 

DFAs: 80 percent to hook-and-line 

catcher/processors, 0.3 percent to hookand-line catcher vessels, 3.3 percent to 

pot catcher processors, 15 percent to pot 

catcher vessels, and 1.4 percent to 

catcher vessels under 60 feet (18.3 m) 

length overall (LOA) using hook-andline or pot gear.

Due to concerns about the potential 

impact of the Pacific cod fishery on 

Steller sea lions and their critical 

habitat, the apportionment of the ITAC 

disperses the Pacific cod fisheries into 

seasonal allowances (see 

§§ 679.20(a)(7)(iii)(A) and 679.23(e)(5)). 

For most hook-and-line and pot gear, 

the first seasonal allowance of 60 

percent of the ITAC is made available 

for directed fishing from January 1 to 

June 10, and the second seasonal 

allowance of 40 percent of the ITAC is 

made available from June 10 (September 

1 for pot gear) to December 31. No 

seasonal harvest constraints are 

imposed on the Pacific cod fishery by 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear. 

For trawl gear, the first season is January 

20 to April 1 and is allocated 60 percent 

of the ITAC. The second season, April 

1 to June 10, and the third season, June 

10 to November 1, are each allocated 20 

percent of the ITAC. The trawl catcher 

vessel allocation is further allocated as 

70 percent in the first season, 10 percent 

in the second season, and 20 percent in 

the third season. The trawl catcher/

processor allocation is allocated 50 

percent in the first season, 30 percent in 

the second season, and 20 percent in the 

third season. For jig gear, the first and 

third seasonal allowances are each 

allocated 40 percent of the ITAC and the 

second seasonal allowance is allocated 

20 percent of the ITAC. Table 4 lists the 

2005 and 2006 proposed allocations and 

seasonal apportionments of the Pacific 

cod ITAC. In accordance with 

§§ 679.20(a)(7)(ii)(D) and 

679.20(a)(7)(iii)(B), any unused portion 

of a seasonal Pacific cod allowance will 

become available at the beginning of the 

next seasonal allowance.

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 70981

TABLE 4

—2005 AND 2006 PROPOSED GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC 

Gear Sector Percent 

2005 

Share of 

gear sector total 

2005 

Subtotal percentages for 

gear sectors 

2005 

Share of 

gear sector total 

2005 Seasonal apportionment1

2006 

Share of 

gear sector total 

2006 

Subtotal percentages for 

gear sectors 

2006 

Share of 

gear sector total 

2006 Seasonal apportionment1

Date Amount Date Amount 

Total hook-and-line/pot gear 51 93,615 ...... ...... ...... ...... 93,419 ...... ...... ...... ......Hook-and-line/pot ICA ...... ...... ...... 500 ...... ...... ...... ...... 500 ...... ......Hook-and-line/pot sub-total ...... 93,115 ...... ...... ...... ...... 92,919 ...... ...... ...... ......Hook-and-line C/P ...... ...... 80 74,492 Jan 1 – Jun 10 44,695 ...... 80 74,335 Jan 1 – Jun 10 44,601

Jun 10 – Dec 31 29,797 Jun 10 – Dec 31 29,734

Hook-and-line CV ...... ...... 0.3 279 Jan 1 – Jun 10 167 ...... 0.3 279 Jan 1–Jun 10 167

Jun 10 – Dec 31 112 Jun 10 – Dec 31 112

Pot C/P ...... ...... 3.3 3,073 Jan 1 – Jun 10 1,844 ...... 3.3 3,066 Jan 1 – Jun 10 1,840

Sept 1 – Dec 31 1,229 Sept 1 – Dec 31 1,226

Pot CV ...... ...... 15 13,967 Jan 1 – Jun 10 8,380 ...... 15 13,938 Jan 1 – Jun 10 8,363

Sept 1 – Dec 31 5,587 Sept 1 – Dec 31 5,575

CV < 60 feet LOA using Hookand-line or Pot gear ...... ...... 1.4 1,304 ...... ...... ...... 1.4 1,301 ...... ......Total Trawl Gear 47 86,273 ...... ...... ...... ...... 86,092 ...... ...... ...... ......

Trawl CV 50 43,136 Jan 20 – Apr 1 30,195 50 43,046 Jan 20 – Apr 1 30,132

...... Apr 1 – Jun 10 4,314 ...... Apr 1 – Jun 10 4,305...... Jun 10 – Nov 1 8,627 ...... Jun 10 – Nov 1 8,609

Trawl CP 50 43,136 Jan 20 – Apr 1 21,568 50 43,046 Jan 20 – Apr 1 21,523

...... Apr 1 – Jun 10 12,941 ...... Apr 1 – Jun 10 12,914...... Jun 10 – Nov 1 8,627 ...... Jun 10 – Nov 1 8,609

Jig 2 3,671 ...... ...... Jan 1 – Apr 30 1,468 3,664 ...... ...... Jan 1 – Apr 30 1,465

...... ...... Apr 30 – Aug 31 734 ...... ...... Apr 30 – Aug 31 733...... ...... Aug 31 – Dec 31 1,469 ...... ...... Aug 31 – Dec 31 1,466

Total 100 183,559 ...... ...... ...... ...... 183,175 ...... ...... ...... ......

1For most non-trawl gear the first season is allocated 60 percent of the ITAC and the second season is allocated 40 percent of the ITAC. For jig gear, the first season and third seasons 

are each allocated 40 percent of the ITAC and the second season is allocated 20 percent of the ITAC. No seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. For trawl gear, the first season is allocated 60 percent of the ITAC and the second and third seasons are each allocated 20 percent of the ITAC. The trawl catcher vessels’ allocation is further allocated as 70 percent in the first season, 10 percent in the second season and 20 percent in the third season. The trawl catcher/processors’ allocation is allocated 50 percent in the first season, 30 percent in the second season and 20 percent in the third season. Any unused portion of a seasonal Pacific cod allowance will be reapportioned to the next seasonal allowance.

70982 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 

Sablefish Gear Allocation

Regulations at § 679.20(a)(4)(iii) and 

(iv) require that sablefish TACs for the 

Bering Sea and AI subareas be allocated 

between trawl and hook-and-line or pot 

gear. Gear allocations of the TACs for 

the Bering Sea subarea are 50 percent 

for trawl gear and 50 percent for hookand-line or pot gear and for the AI 

subarea are 25 percent for trawl gear and 

75 percent for hook-and-line or pot gear. 

Regulations at § 679.20(b)(1)(iii)(B) 

require that 20 percent of the hook-andline and pot gear allocation of sablefish 

be apportioned to the CDQ reserve. 

Additionally, regulations at 

§ 679.20(b)(1)(iii)(A) require that 7.5 

percent of the trawl gear allocation of 

sablefish (one half of the reserve) be 

apportioned to the CDQ reserve. Under 

regulations implementing Amendments 

48/48, the harvest specifications for the 

hook-and-line gear and pot gear 

sablefish IFQ fisheries will be limited to 

the 2005 fishing year to ensure those 

fisheries are conducted concurrent with 

the halibut IFQ fishery. Having sablefish 

IFQ fisheries concurrent with the 

halibut IFQ fishery would reduce the 

potential for discards of halibut and 

sablefish in these fisheries. The 

sablefish IFQ fisheries would remain 

closed at the beginning of each fishing 

year until the final harvest 

specifications for the sablefish IFQ 

fisheries are in effect. The trawl 

sablefish fishery would be managed 

using harvest specifications for a 2-year 

period concurrent with the remaining 

target species in the BSAI. Table 5 

specifies the 2005 and 2006 proposed 

gear allocations of the sablefish TAC 

and CDQ reserve amounts.

TABLE 5—2005 AND 2006 PROPOSED GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS 

[Amounts are in metric tons] 

Subarea and gear Percent of 

TAC 

2005 Share 

of TAC 2005 ITAC1 2005 CDQ reserve 

2006 Share 

of TAC 2006 ITAC 2006 CDQ reserve 

Bering Sea

Trawl2 50 1,209 1,028 91 1,122 954 84

Hook-and-line/pot gear3 50 1,209 ...... 242 ...... ...... ......

TOTAL 100 2,418 1,028 332 2,244 954 84

Aleutian Islands

Trawl2 25 697 592 52 647 550 49

Hook-and-line/pot gear3 75 2,093 ...... 419 ...... ...... ......

TOTAL 100 2,790 592 471 2,589 550 49

1Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of 

the TAC after the subtraction of these reserves. 2For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5 percent of the specified TAC) is reserved for the CDQ program. 3For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use 

by CDQ participants. Regulations in § 679.20(b)(1) do not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot 

gear.

Allocation of PSC Limits for Halibut, 

Crab, Salmon, and Herring

PSC limits for halibut are set in 

regulations at § 679.21(e). For the BSAI 

trawl fisheries, the limit is 3,675 mt of 

Pacific halibut mortality, and for nontrawl fisheries, the limit is 900 mt of 

mortality. Regulations at 

§ 679.21(e)(1)(vii) specify the 2005 and 

2006 proposed chinook salmon PSC 

limit for the pollock fishery to be 29,000 

fish. Regulations at § 679.21(e)(1)(i) 

allocate 7.5 percent, or 2,175 chinook 

salmon, as the proposed PSQ for the 

CDQ program and the remaining 26,825 

chinook salmon to the non-CDQ 

fisheries. If it is approved, Amendment 

82 would establish an AI chinook 

salmon limit of 700 fish, applicable 

upon the implementation of the final 

rule for Amendment 82 in early 2005. 

Regulations at § 679.21(e)(1)(i) would 

allocate 7.5 percent, or 175 chinook 

salmon, as the proposed AI PSQ for the 

CDQ program and the remaining 525 

chinook salmon to the non-CDQ 

fisheries. For non-chinook salmon, 

regulations at § 679.21(e)(1)(viii) specify 

the 2005 and 2006 proposed nonchinook salmon PSC limit to be 42,000 

fish. Regulations at § 679.21(e)(1)(i) 

allocate 7.5 percent, or 3,150 nonchinook salmon, as the proposed PSQ 

for the CDQ program and the remaining 

38,850 non-chinook salmon to the nonCDQ fisheries. PSC limits for crab and 

herring are specified annually based on 

abundance and spawning biomass. Due 

to the lack of new information 

concerning PSC limits and 

apportionments in October 2004, the 

Council recommended using the 

halibut, crab, and herring 2004 PSC 

amounts for the proposed 2005 and 

2006 amounts. The Council will 

reconsider these amounts in December 

2004, based on recommendations by the 

Plan Team and the SSC.

The red king crab mature female 

abundance is estimated from the 2003 

survey data to be 29.7 million king crab 

and the effective spawning biomass is 

estimated to be 60.7 million pounds 

(27,500 mt). Based on the criteria set out 

at § 679.21(e)(1)(ii), the 2005 and 2006 

proposed PSC limit of red king crab in 

Zone 1 for trawl gear is 197,000 animals 

as a result of the mature female 

abundance being above 8.4 million king 

crab and of the effective spawning 

biomass estimate being greater than 55 

million pounds (24,948 mt).

Regulations at § 679.21(e)(3)(ii)(B) 

establish criteria under which NMFS 

must specify an annual red king crab 

bycatch limit for the Red King Crab 

Savings Subarea (RKCSS). The 

regulations limit the bycatch limits 

within the RKCSS up to 35 percent of 

the trawl bycatch allowance specified 

for the rock sole/flathead sole/‘‘other 

flatfish’’ fishery category and are based 

on the need to optimize the groundfish 

harvest relative to red king crab bycatch. 

The Council recommended, and NMFS 

proposed, a red king crab bycatch limit 

equal to 35 percent of the trawl bycatch 

allowance specified for the rock sole/

flathead sole/‘‘other flatfish’’ fishery 

category within the RKCSS.

Based on 2003 survey data, the 

Chionoecetes bairdi crab abundance is 

estimated to be 448.8 million animals. 

Given the criteria set out at 

§ 679.21(e)(1)(iii), the 2005 and 2006 

proposed C. bairdi crab PSC limit for 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 70983

trawl gear is 980,000 animals in Zone 1 

and 2,970,000 animals in Zone 2, as a 

result of the C. bairdi crab abundance 

estimate of over 400 million animals.

Under § 679.21(e)(1)(iv), the PSC limit 

for C. opilio crab is based on total 

abundance as indicated by the NMFS 

annual bottom trawl survey. The C. 

opilio crab PSC limit is set at 0.1133 

percent of the Bering Sea abundance 

index. Based on the 2003 survey 

estimate of 2.63 billion animals, the 

calculated limit is 2,981,000 animals. 

Because this limit is less than 4.5 

million, under § 679.21(e)(1)(iv)(B), the 

2005 and 2006 proposed C. opilio crab 

PSC limit is 4,350,000 million animals.

Under § 679.21(e)(1)(vi), the proposed 

PSC limit of Pacific herring caught 

while conducting any trawl operation 

for groundfish in the BSAI is 1 percent 

of the annual eastern Bering Sea herring 

biomass. NMFS’s best estimate of 2004 

herring biomass is 187,648 mt. This 

amount was derived using 2003 survey 

data and an age-structured biomass 

projection model developed by the 

Alaska Department of Fish and Game 

(ADF&G). Therefore, the proposed 

herring PSC limit for 2005 and 2006 is 

1,876 mt.

Under § 679.21(e)(1)(i), 7.5 percent of 

each PSC limit specified for crab and 

halibut is reserved as a PSQ reserve for 

use by the groundfish CDQ program. 

Regulations at § 679.21(e)(3) require the 

apportionment of each trawl PSC limit 

into PSC bycatch allowances for seven 

specified fishery categories. Regulations 

at § 679.21(e)(4)(ii) authorize the 

apportionment of the non-trawl halibut 

PSC limit into PSC bycatch allowances 

for five fishery categories. Table 6 lists 

the proposed fishery bycatch allowances 

for the trawl and non-trawl fisheries.

Regulations at § 679.21(e)(4)(ii) 

authorize exemption of specified nontrawl fisheries from the halibut PSC 

limit. As in past years, NMFS, after 

consultation with the Council, is 

proposing to exempt pot gear, jig gear, 

and the sablefish IFQ hook-and-line gear 

fishery categories from halibut bycatch 

restrictions because these fisheries use 

selective gear types that take few halibut 

compared with other gear types, such as 

non-pelagic trawl. In 2004, total 

groundfish catch for the pot gear fishery 

in the BSAI was approximately 17,648 

mt, with an associated halibut bycatch 

mortality of about 9 mt. The 2004 

groundfish jig gear fishery harvested 

about 215 mt of groundfish. Most 

vessels in the jig gear fleet are less than 

60 ft (18.3 m) LOA and are exempt from 

observer coverage requirements. As a 

result, observer data are not available on 

halibut bycatch in the jig gear fishery. 

However, a negligible amount of halibut 

bycatch mortality is assumed because of 

the selective nature of this gear type and 

the likelihood that halibut caught with 

jig gear have a high survival rate when 

released.

As in past years, the Council 

recommended that the sablefish IFQ 

fishery be exempt from halibut bycatch 

restrictions because of the sablefish and 

halibut IFQ program (subpart D of 50 

CFR part 679). The sablefish IFQ 

program requires legal-sized halibut to 

be retained by vessels using hook-andline gear if a halibut IFQ permit holder 

or his or her hired master is aboard and 

is holding unused halibut IFQ. NMFS 

concurs with the Council’s 

recommendation. This provision results 

in reduced halibut discard in the 

sablefish fishery. In 1995, about 36 mt 

of halibut discard mortality was 

estimated for the sablefish IFQ fishery. 

The estimates for 1996 through 2004 

have not been calculated; however, 

NMFS has no information indicating 

that it would be significantly different.

Regulations at § 679.21(e)(5) authorize 

NMFS, after consultation with the 

Council, to establish seasonal 

apportionments of PSC amounts in 

order to maximize the ability of the fleet 

to harvest the available groundfish TAC 

and to minimize bycatch. The factors to 

be considered are (1) Seasonal 

distribution of prohibited species, (2) 

seasonal distribution of target 

groundfish species, (3) PSC bycatch 

needs on a seasonal basis relevant to 

prohibited species biomass, (4) expected 

variations in bycatch rates throughout 

the year, (5) expected start of fishing 

effort, and (6) economic effects of 

seasonal PSC apportionments on 

industry sectors. The Council 

recommended seasonal PSC 

apportionments to maximize harvest 

among gear types, fisheries, and seasons 

while minimizing bycatch of PSC based 

on the above criteria. NMFS concurs 

with the Council’s recommendations. 

These recommendations are listed in 

Table 6.

TABLE 6—2005 AND 2006 PROPOSED PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI 

TRAWL AND NON-TRAWL FISHERIES 

Trawl Fisheries 

Prohibited species and zone 

Halibut (mt) 

BSAI 

Herring (mt) 

BSAI 

Red King 

Crab (animals) Zone 

11

C. opilio

(animals) 

COBLZ2

C. bairdi (animals) 

Zone 11 Zone 21

Yellowfin sole 886 171 33,843 2,776,981 340,844 1,788,459

January 20 - April 1 262 ...... ...... ...... ...... ......

April 1 - May 21 195 ...... ...... ...... ...... ......

May 21 - July 1 49 ...... ...... ...... ...... ......

July 1 - December 31 380 ...... ...... ...... ...... ......

Rock sole/other flat/flathead sole4 779 25 121,413 969,130 365,320 596,154

January 20 - April 1 448 ...... ...... ...... ...... ......

April 1 - July 1 164 ...... ...... ...... ...... ......

July 1 - December 31 167 ...... ...... ...... ...... ......

Turbot/arrowtooth/sablefish5 ...... 11 ...... 40,238 ...... ......

Rockfish ...... ...... ...... ...... ...... ......

July 1 - December 31 69 9 ...... 40,237 ...... 10,988

Pacific cod 1,434 25 26,563 124,736 183,112 324,176

Midwater trawl pollock ...... 1,456 ...... ...... ...... ......

Pollock/Atka mackerel/other6 232 179 406 72,428 17,224 27,473

Red King Crab Savings Subarea3 ...... ...... ...... ...... ...... ......

(non-pelagic trawl) ...... 42,495 ...... ...... ...... ......

Total trawl PSC 3,400 1,876 182,225 4,023,750 906,500 2,747,250

70984 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 

TABLE 6—2005 AND 2006 PROPOSED PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI 

TRAWL AND NON-TRAWL FISHERIES—Continued

Trawl Fisheries 

Prohibited species and zone 

Halibut (mt) 

BSAI 

Herring (mt) 

BSAI 

Red King 

Crab (animals) Zone 

11

C. opilio

(animals) 

COBLZ2

C. bairdi (animals) 

Zone 11 Zone 21

Non-trawl Fisheries

Pacific cod - Total 775

January 1 - June 10 320

June 10 - August 15 0

August 15 - December 31 455

Other non-trawl - Total 58

May 1 - December 31 58

Groundfish pot and jig exempt

Sablefish hook-and-line exempt

Total non-trawl PSC 833

PSQ reserve7 342 ...... 14,775 326,250 73,500 222,750

PSC grand total 4,575 1,876 197,000 4,350,000 980,000 2,970,000

1Refer to § 679.2 for definitions of areas. 2C. opilio Bycatch Limitation Zone. Boundaries are defined at 50 CFR part 679, Figure 13. 3‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), greenland turbot, rock sole, yellowfin 

sole and arrowtooth flounder. 4Greenland turbot, arrowtooth flounder, and sablefish fishery category.

5Pollock other than pelagic trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category. 6With the exception of herring, 7.5 percent of each PSC limit is allocated to the CDQ program as PSQ reserve. The PSQ reserve is not allocated by fishery, gear or season. 7In October 2004, the Council recommended that red king crab bycatch for trawl fisheries within the RKCSS be limited to 35 percent of the 

total allocation to the rock sole/flathead sole/≥other flatfish’’ fishery category (see § 679.21(e)(3)(ii)(B)).

Halibut Discard Mortality Rates

To monitor halibut bycatch mortality 

allowances and apportionments, the 

Regional Administrator will use 

observed halibut bycatch rates, assumed 

discard mortality rates (DMR), and 

estimates of groundfish catch to project 

when a fishery’s halibut bycatch 

mortality allowance or seasonal 

apportionment is reached. The DMRs 

are based on the best information 

available, including information 

contained in the annual SAFE report.

The Council recommended and 

NMFS proposes that the recommended 

halibut DMRs developed by staff of the 

International Pacific Halibut 

Commission (IPHC) for the 2004 BSAI 

groundfish fisheries be used for 

monitoring halibut bycatch allowances 

established for the 2005 and 2006 

groundfish fisheries (see Table 7). These 

DMRs were developed by the IPHC 

using the 10-year mean DMRs for the 

BSAI non-CDQ groundfish fisheries. 

Plots of annual DMRs against the 10-

year mean indicated little change since 

1990 for most fisheries. DMRs were 

more variable for the smaller fisheries 

that typically take minor amounts of 

halibut bycatch. The IPHC will analyze 

observer data annually and recommend 

changes to the DMRs where a fishery 

DMR shows large variation from the 

mean. The IPHC has been calculating 

the CDQ fisheries DMRs since 1998 and 

a 10-year mean is not yet available. The 

justification for these proposed DMRs is 

discussed in Appendix A to the final 

SAFE report dated November 2003. The 

proposed DMRs listed in Table 7 are 

subject to change pending the results of 

an updated analysis on halibut DMRs in 

the groundfish fisheries that IPHC staff 

is scheduled to present to the Council 

at its December 2004 meeting.

TABLE 7—2005 AND 2006 PROPOSED ASSUMED PACIFIC HALIBUT DISCARD MORTALITY 

RATES FOR THE BSAI FISHERIES 

Fishery 

Preseason 

assumed 

mortality 

(percent) 

Hook-and-line gear fisheries

Greenland turbot 15

Other Species 11

Pacific cod 11

Rockfish 16

Trawl gear fisheries

Atka mackerel 78

Flathead sole 67

Greenland turbot 72

Non-pelagic pollock 76

Pelagic pollock 85

TABLE 7—2005 AND 2006 PROPOSED ASSUMED PACIFIC HALIBUT DISCARD MORTALITY 

RATES FOR THE BSAI FISHERIES—Continued

Fishery 

Preseason 

assumed 

mortality 

(percent) 

Other flatfish 71

Other species 67

Pacific cod 68

Rockfish 74

Rock sole 77

Sablefish 49

Yellowfin sole 78

Pot gear fisheries

Other species 8

Pacific cod 8

CDQ trawl fisheries

Atka mackerel 85

Flathead sole 90

Non-pelagic pollock 85

Pelagic pollock 89

Rockfish 90

Yellowfin sole 82

CDQ hook-and-line fisheries

Greenland turbot 4

Pacific cod 11

CDQ pot fisheries

Pacific cod 2

Sablefish 36

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 70985

Bering Sea Subarea Inshore Pollock 

Allocations

Regulations at § 679.4(l) set forth 

procedures for AFA inshore catcher 

vessel pollock cooperatives to apply for 

and receive cooperative fishing permits 

and inshore pollock allocations. For 

2004, NMFS received applications from 

seven inshore catcher vessel 

cooperatives. Applications for 2005 

must be received by the Regional 

Administrator by December 1, 2004. 

Table 8 lists the proposed pollock 

allocations to the seven inshore catcher 

vessel pollock cooperatives based on 

2004 cooperative allocations and the 

assumption that the cooperatives’

membership will remain unchanged in 

2005 and 2006. Allocations for 

cooperatives and vessels not 

participating in cooperatives are not 

made for the AI subarea because the AI 

subarea has been closed to directed 

fishing for pollock and the CAA requires 

the non-CDQ directed pollock fishery to 

be fully allocated to the Aleut 

Corporation. The Bering Sea subarea 

allocations may be revised pending 

adjustments to cooperatives’

membership prior to 2005 and 2006.

TABLE 8—2005 AND 2006 PROPOSED BERING SEA SUBAREA INSHORE COOPERATIVE ALLOCATIONS 

[Amounts are in metric tons] 

Cooperative name and member vessels 

Sum of member vessel’s 

official catch 

histories1 (mt) 

Percentage of 

inshore sector 

allocation 

2005 Annual 

co-op allocation (mt) 

2006 Annual 

co-op allocation (mt) 

Akutan Catcher Vessel Association

ALDEBARAN, ARCTIC EXPLORER, ARCTURUS, BLUE FOX, CAPE 

KIWANDA, COLUMBIA, DOMINATOR, EXODUS, FLYING CLOUD, 

GOLDEN DAWN, GOLDEN PISCES, HAZEL LORRAINE, INTREPID 

EXPLORER, LESLIE LEE, LISA MELINDA, MAJESTY, MARCY J, MARGARET LYN, MARK I, NORDIC EXPLORER, NORTHERN PATRIOT, 

NORTHWEST EXPLORER, PACIFIC RAM, PACIFIC VIKING, PEGASUS, PEGGY JO, PERSEVERANCE, PREDATOR, RAVEN, ROYAL 

AMERICAN, SEEKER, SOVEREIGNTY, TRAVELER, VIKING EXPLORER

245,922 28.130% 180,110 180,055

Arctic Enterprise Association

BRISTOL EXPLORER, OCEAN EXPLORER, PACIFIC EXPLORER

36,807 4.210% 26,957 26,948

Northern Victor Fleet Cooperative

ANITA J, COLLIER BROTHERS, COMMODORE, EXCALIBUR II, 

GOLDRUSH, HALF MOON BAY, MISS BERDIE, NORDIC FURY, PACIFIC FURY, POSEIDON, ROYAL ATLANTIC, SUNSET BAY, STORM 

PETREL

73,656 8.425% 53,945 53,929

Peter Pan Fleet Cooperative

AJ, AMBER DAWN, AMERICAN BEAUTY, ELIZABETH F, MORNING 

STAR, OCEAN LEADER, OCEANIC, PROVIDIAN, TOPAZ, WALTER N

23,850 2.728% 17,467 17,462

Unalaska Cooperative

ALASKA ROSE, BERING ROSE, DESTINATION, GREAT PACIFIC, 

MESSIAH, MORNING STAR, MS AMY, PROGRESS, SEA WOLF, VANGUARD, WESTERN DAWN

106,737 12.209% 78,173 78,149

UniSea Fleet Cooperative

ALSEA, AMERICAN EAGLE, ARGOSY, AURIGA, AURORA, DEFENDER, GUN-MAR, MAR-GUN, NORDIC STAR, PACIFIC MONARCH, 

SEADAWN, STARFISH, STARLITE, STARWARD

213,521 24.424% 156,380 156,333

Westward Fleet Cooperative

ALASKAN COMMAND, ALYESKA, ARCTIC WIND, CAITLIN ANN, 

CHELSEA K, DONA MARTITA, FIERCE ALLEGIANCE, HICKORY 

WIND, OCEAN HOPE 3, PACIFIC KNIGHT, PACIFIC PRINCE, VIKING, 

WESTWARD I

189,942 21.727% 139,111 139,069

Open access AFA vessels 0 0% 0 0

Total inshore allocation 874,238 100% 640,280 640,085

1According to regulations at § 679.62(e)(1), the individual catch history for each vessel is equal to the vessel’s best 2 of 3 years inshore pollock 

landings from 1995 through 1997 and includes landings to catcher/processors for vessels that made 500 or more mt of landings to catcher/processors from 1995 through 1997.

According to regulations at 

§ 679.20(a)(5)(i)(A)(3), NMFS must 

further divided the inshore sector 

allocation into allocations for 

cooperatives and for inshore open 

access. In addition, according to 

regulations at § 679.22(a)(7)(vii), NMFS 

must establish harvest limits inside the 

SCA and provide a set-aside so that 

catcher vessels less than or equal to 99 

ft (30.2 m) LOA have the opportunity to 

operate entirely within the SCA until 

April 1. Accordingly, Table 9 lists the 

proposed apportionment of the Bering 

Sea subarea inshore pollock allocation 

into allocations for vessels fishing in a 

cooperative and for vessels fishing for 

the inshore open access allocation and 

70986 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 

establishes a cooperative-sector SCA setaside for AFA catcher vessels less than 

or equal to 99 ft (30.2 m) LOA. The SCA 

set-aside for catcher vessels less than or 

equal to 99 ft (30.2 m) LOA that are not 

participating in a cooperative will be 

established inseason based on actual 

participation levels and is not included 

in Table 9. These proposed allocations 

may be revised pending final review 

and approval of 2005 and 2006 

cooperative agreements.

TABLE 9—2005 AND 2006 PROPOSED BERING SEA SUBAREA POLLOCK ALLOCATIONS TO THE 

COOPERATIVE AND OPEN ACCESS SECTORS OF THE INSHORE POLLOCK FISHERY 

[Amounts are in metric tons] 

2005 A season TAC 

2005 A season inside 

SCA1

2005 B season TAC 2006 A season TAC 

2006 A season inside 

SCA 

2006 B season TAC 

Inshore cooperative sector

Vessels > 99 ft n/a 153,969 n/a n/a 153,923 n/a

Vessels ≤ 99 ft n/a 25,309 n/a n/a 25,301 n/a

Total 256,112 179,278 384,168 256,034 179,224 384,051

Open access sector 0 02 0 002 0

Total inshore 256,112 179,278 384,168 256,034 179,224 384,051

1The Steller sea lion conservation area (SCA) established at § 679.22(a)(7)(vii). 2The SCA limitations for vessels less than or equal to 99 ft LOA that are not participating in a cooperative will be established on an inseason 

basis in accordance with § 679.22(a)(7)(vii)(C)(2) which specifies that ‘‘the Regional Administrator will prohibit directed fishing for pollock by vessels greater than 99 ft (30.2 m) LOA, catching pollock for processing by the inshore component before reaching the inshore SCA harvest limit 

before April 1 to accommodate fishing by vessels less than or equal to 99 ft (30.2 m) inside the SCA until April 1.’’

Listed AFA Catcher/Processor 

Sideboard Limits

According to regulations at 

§ 679.64(a), the Regional Administrator 

will restrict the ability of listed AFA 

catcher/processors to engage in directed 

fishing for groundfish species other than 

pollock to protect participants in other 

groundfish fisheries from adverse effects 

resulting from the AFA and from fishery 

cooperatives in the directed pollock 

fishery. The basis for these sideboard 

limits is described in detail in the final 

rule implementing major provisions of 

the AFA (67 FR 79692, December 30, 

2002). Table 10 lists the 2005 and 2006 

proposed catcher/processor sideboard 

limits.

All groundfish other than pollock that 

are harvested by listed AFA catcher/

processors, whether as targeted catch or 

incidental catch, will be deducted from 

the proposed sideboard limits in Table 

10. However, groundfish other than 

pollock that are delivered to listed 

catcher/processors by catcher vessels 

will not be deducted from the 2005 and 

2006 proposed sideboard limits for the 

listed catcher/processors.

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 70987

TABLE 10

—2005 AND 2006 PROPOSED LISTED BSAI AMERICAN FISHERIES ACT CATCHER/PROCESSOR GROUNDFISH SIDEBOARD LIMITS 

[Amounts are in metric tons] 

Target species Area 

1995 - 1997

2005 Proposed 

ITAC available to 

trawl C/Ps 

2005 Proposed C/

P sideboard limit 

2006 Proposed 

ITAC available to 

trawl C/Ps 

2006 Proposed C/

P sideboard limit Retained catch Total catch Ratio of retained catch to total 

catch 

Pacific cod trawl BSAI 12,424 48,177 0.258 43,136 11,129 43,046 11,106Sablefish trawl BS 8 497 0.016 1,028 16 954 15

AI 0 145 0.000 592 0 550 0

Atka mackerel Western AI ...... ...... ...... ...... ...... ...... ......

A season1 n/a n/a 0.200 8,781 1,756 8,781 1,756

HLA limit2 ...... ...... ...... 5,269 1,054 5,269 1,054

B season n/a n/a 0.200 8,781 1,756 8,781 1,756

HLA limit ...... ...... ...... 5,269 1,054 5,269 1,054

Central AI ...... ...... ...... ...... ...... ...... ......

A season1 n/a n/a 0.115 13,218 1,520 13,218 1,520

HLA limit ...... ...... ...... 7,931 912 7,931 912

B season n/a n/a 0.115 13,218 1,520 13,218 1,520

HLA limit ...... ...... ...... 7,931 912 7,931 912

Yellowfin sole BSAI 100,192 435,788 0.230 73,164 16,828 73,164 16,828Rock sole BSAI 6,317 169,362 0.037 35,233 1,304 34,850 1,289Greenland turbot BS 121 17,305 0.007 2,295 16 2,295 16

AI 23 4,987 0.005 680 3 680 3

Arrowtooth flounder BSAI 76 33,987 0.002 10,200 20 10,200 20Flathead sole BSAI 1,925 52,755 0.036 16,150 581 16,150 581Alaska plaice BSAI 14 9,438 0.001 8,500 9 8,500 9Other flatfish BSAI 3,058 52,298 0.058 2,550 148 2,550 148Pacific ocean 

perch

BS 12 4,879 0.002 1,635 3 1,655 3Western AI 54 13,598 0.004 3,957 16 4,006 16Central AI 3 5,698 0.001 2,257 2 2,286 2Eastern AI 6,179 125 0.020 2,369 47 2,398 48

Northern rockfish BSAI 91 13,040 0.007 4,250 30 4,250 30Shortraker rockfish BSAI 50 2,811 0.018 447 8 447 8Rougheye rockfish BSAI 50 2,811 0.018 166 3 166 3Other rockfish BS 18 621 0.029 391 11 391 11

AI 22 806 0.027 539 15 539 15

Squid BSAI 73 3,328 0.022 1,084 24 1,084 24Other species BSAI 553 68,672 0.008 23,124 185 23,124 185

1The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual TAC specified for the Western Aleutian District, and 11.5 percent of the annual 

TAC specified for the Central Aleutian District. 2Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In 2005 and 2006, 60 percent of each seasonal 

allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.

70988 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 

Regulations at § 679.64(a)(5) establish 

a formula for PSC sideboard limits for 

listed AFA catcher/processors. These 

amounts are equivalent to the 

percentage of PSC amounts taken in the 

groundfish fisheries other than pollock 

by the AFA catcher/processors listed in 

subsection 208(e) and section 209 of the 

AFA from 1995 through 1997 (see Table 

10). These amounts were used to 

calculate the relative amount of PSC 

that was caught by pollock catcher/

processors shown in Table 10. The 2005 

and 2006 PSC limits available to trawl 

catcher/processors are multiplied by the 

ratios to determine the PSC sideboard 

limits for listed AFA catcher/processors 

in the 2005 and 2006 groundfish 

fisheries other than pollock.

PSC that is caught by listed AFA 

catcher/processors participating in any 

groundfish fishery other than pollock 

listed in Table 11 would accrue against 

the 2005 and 2006 proposed PSC limits 

for the listed AFA catcher/processors. 

Regulations at § 679.21(e)(3)(v) 

authorize NMFS to close directed 

fishing for groundfish other than 

pollock for listed AFA catcher/

processors once a 2005 and 2006 

proposed PSC limit listed in Table 11 is 

reached.

Crab or halibut PSC that is caught by 

listed AFA catcher/processors while 

fishing for pollock will accrue against 

the bycatch allowances annually 

specified for either the midwater 

pollock or the pollock/Atka mackerel/

‘‘other species’’ fishery categories 

according to regulations at 

§ 679.21(e)(3)(iv).

TABLE 11—2005 AND 2006 PROPOSED BSAI AMERICAN FISHERIES ACT LISTED CATCHER/PROCESSOR 

PROHIBITED SPECIES SIDEBOARD LIMITS1

PSC species 

1995 - 1997 2005 and 2006 Proposed PSC available 

to trawl vessels 

2005 and 2006 Proposed C/P sideboard 

PSC catch Total PSC limit Ratio of PSC catch 

to total PSC 

Halibut mortality 955 11,325 0.084 3,400 286

Red king crab 3,098 473,750 0.007 182,225 1,276

C. opilio 2,323,731 15,139,178 0.153 4,023,750 615,634

C. bairdi ...... ...... ...... ...... ......

Zone 1 385,978 2,750,000 0.140 906,500 126,910

Zone 2 406,860 8,100,000 0.050 2,747,250 137,363

1Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA Catcher Vessel Sideboard Limits

According to regulations at 

§ 679.64(b), the Regional Administrator 

restricts the ability of AFA catcher 

vessels to engage in directed fishing for 

groundfish species other than pollock to 

protect participants in other groundfish 

fisheries from adverse effects resulting 

from the AFA and from fishery 

cooperatives in the directed pollock 

fishery. Regulations at § 679.64(b) 

establish formulas for setting AFA 

catcher vessel groundfish and PSC 

sideboard limits for the BSAI. The basis 

for these sideboard limits is described in 

detail in the final rule implementing 

major provisions of the AFA (67 FR 

79692, December 30, 2002). Tables 12 

and 13 list the 2005 and 2006 proposed 

catcher vessel sideboard limits.

All harvests of groundfish sideboard 

species made by non-exempt AFA 

catcher vessels, whether as targeted 

catch or as incidental catch, will be 

deducted from the 2005 and 2006 

proposed sideboard limits listed in 

Table 12.

TABLE 12—2005 AND 2006 PROPOSED BSAI AMERICAN FISHERIES ACT CATCHER VESSEL SIDEBOARD 

LIMITS 

[Amounts are in metric tons] 

Species Fishery by area/season/processor/gear 

Ratio of 

1995–1997 

AFA CV 

catch to 

1995–1997 

TAC 

2005 Proposed initial 

TAC 

2005 Proposed 

catcher vessel 

sideboard 

limits 

2006 Proposed initial 

TAC 

2006 Proposed 

catcher vessel 

sideboard 

limits 

Pacific cod BSAI ...... ...... ...... ...... ......

Jig gear 0.0000 3,671 0 3,664 0

Hook-and-line CV ...... ...... ...... ...... ......

Jan 1 - Jun 10 0.0006 167 0 167 0

Jun 10 - Dec 31 0.0006 112 0 112 0

Pot gear CV ...... ...... ...... ...... ......

Jan 1 - Jun 10 0.0006 8,380 5 8,363 5

Sept 1 - Dec 31 0.0006 5,587 3 5,575 3

CV < 60 feet LOA using hook-and-line or pot 

gear

0.0006 1,304 1 1,301 1

Trawl gear CV ...... ...... ...... ...... ......

Jan 20 - Apr 1 0.8609 30,195 25,995 30,132 25,941

Apr 1 - Jun 10 0.8609 4,314 3,323 4,305 3,316

Jun 10 - Nov 1 0.8609 8,627 6,645 8,609 6,632

Sablefish BS trawl gear 0.0906 1,028 93 952 86

AI trawl gear 0.0645 593 38 550 35

Atka mackerel Eastern AI/BS ...... ...... ...... ...... ......

Jig gear 0.0031 96 0 96 0

Other gear ...... ...... ...... ...... ......

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 70989

TABLE 12—2005 AND 2006 PROPOSED BSAI AMERICAN FISHERIES ACT CATCHER VESSEL SIDEBOARD 

LIMITS—Continued

[Amounts are in metric tons] 

Species Fishery by area/season/processor/gear 

Ratio of 

1995–1997 

AFA CV 

catch to 

1995–1997 

TAC 

2005 Proposed initial 

TAC 

2005 Proposed 

catcher vessel 

sideboard 

limits 

2006 Proposed initial 

TAC 

2006 Proposed 

catcher vessel 

sideboard 

limits 

Jan 1 - Apr 15 0.0032 4,729 15 4,729 15

Sept 1 - Nov 1 0.0032 4,729 15 4,729 15

Central AI ...... ...... ...... ...... ......

Jan - Apr 15 0.0001 13,218 1 13,218 1

HLA limit 0.0001 7,931 1 7,931 1

Sept 1 - Nov 1 0.0001 13,218 1 13,218 1

HLA limit 0.0001 7,931 1 7,931 1

Western AI ...... ...... ...... ...... ......

Jan - Apr 15 0.0000 8,781 0 8,781 0

HLA limit ...... 5,269 0 5,269 0

Sept 1 - Nov 1 0.0000 8,781 0 8,781 0

HLA limit ...... 5,269 0 5,269 0

Yellowfin sole BSAI 0.0647 73,164 4,734 73,164 4,734

Rock sole BSAI 0.0341 35,233 1,201 34,850 1,188

Greenland 

Turbot

BS 0.0645 2,295 148 2,295 148

AI 0.0205 680 14 680 14

Arrowtooth 

flounder

BSAI 0.0690 10,200 704 10,200 704

Alaska plaice BSAI 0.0441 8,500 375 8,500 375

Other flatfish BSAI 0.0441 2,550 112 2,550 112

Pacific ocean 

perch

BS 0.1000 1,635 164 1,655 166

Eastern AI 0.0077 2,369 18 2,369 18

Central AI 0.0025 2,257 6 2,286 6

Western AI 0.0000 3,957 0 4,006 0

Northern rockfishBSAI 0.0084 4,250 36 4,250 36

Shortraker 

rockfish

BSAI 0.0037 447 2 447 2

Rougheye 

rockfish

BSAI 0.0037 166 1 166 1

Other rockfish BS 0.0048 391 2 391 2

AI 0.0095 539 5 539 5

Squid BSAI 0.3827 1,084 415 1,084 415

Other species BSAI 0.0541 23,124 1,251 23,124 1,251

Flathead Sole BS trawl gear 0.0505 16,150 816 16,150 816

The AFA catcher vessel PSC limits for 

halibut and crab species in the BSAI for 

which a trawl bycatch limit has been 

established will be a portion of the PSC 

limit equal to the ratio of aggregate 

retained groundfish catch by AFA 

catcher vessels in each PSC target 

category from 1995 through 1997 

relative to the retained catch of all 

vessels in that fishery from 1995 

through 1997. Table 13 lists the 2005 

and 2006 proposed PSC sideboard limits 

for AFA catcher vessels.

Halibut and crab PSC caught by AFA 

catcher vessels participating in any 

fishery for groundfish other than 

pollock listed in Table 13 will accrue 

against the 2005 and 2006 proposed PSC 

sideboard limits for the AFA catcher 

vessels. Regulations at § 679.21(d)(8) 

and (e)(3)(v) provide authority to close 

directed fishing for groundfish other 

than pollock for AFA catcher vessels 

once a 2005 and 2006 proposed PSC 

sideboard limit listed in Table 13 is 

reached. The PSC by AFA catcher 

vessels, while fishing for pollock in the 

BSAI, will accrue against the bycatch 

allowances annually specified for either 

the midwater pollock or the pollock/

Atka mackerel/‘‘other species’’ fishery 

categories under regulations at 

§ 679.21(e)(3)(iv).

TABLE 13—2005 AND 2006 PROPOSED AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED 

SPECIES CATCH SIDEBOARD LIMITS FOR THE BSAI1

[Amounts are in metric tons] 

PSC species Target fishery category2

Ratio of 1995–

1997 AFA CV retained catch to 

total retained 

catch 

2005 and 2006 

Proposed PSC 

limit 

2005 and 2006 Proposed AFA catcher 

vessel PSC 

sideboard limit 

Halibut Pacific cod trawl 0.6183 1,434 887

70990 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 

TABLE 13—2005 AND 2006 PROPOSED AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED 

SPECIES CATCH SIDEBOARD LIMITS FOR THE BSAI1—Continued

[Amounts are in metric tons] 

PSC species Target fishery category2

Ratio of 1995–

1997 AFA CV retained catch to 

total retained 

catch 

2005 and 2006 

Proposed PSC 

limit 

2005 and 2006 Proposed AFA catcher 

vessel PSC 

sideboard limit 

Pacific cod hook-and-line or pot 0.0022 775 2

Yellowfin sole 0.1144 886 101

Rock sole/flathead sole/other flatfish5 0.2841 779 221

Turbot/Arrowtooth/Sablefish 0.2327 0 0

Rockfish (July 1 - December 31) 0.0245 69 2

Pollock/Atka mackerel/other species 0.0227 232 5

Red King Crab Pacific cod 0.6183 26,563 16,424

Zone 14 Yellowfin sole 0.1144 33,843 3,872

Rock sole/flathead sole/other flatfish5 0.2841 121,413 34,493

Pollock/Atka mackerel/other species 0.0227 406 9

C. opilio Pacific cod 0.6183 124,736 77,124

COBLZ3 Yellowfin sole 0.1144 2,776,981 317,687

Rock sole/flathead sole/other flatfish5 0.2841 969,130 275,330

Pollock/Atka mackerel/other species 0.0227 72,428 1,644

Rockfish 0.0245 40,237 986

Turbot/Arrowtooth/Sablefish 0.2327 40,238 9,363

C. bairdi Pacific cod 0.6183 183,112 113,218

Zone 1 Yellowfin sole 0.1144 340,844 38,993

Rock sole/flathead sole/other flatfish5 0.2841 365,320 103,787

Pollock/Atka mackerel/other species 0.0227 17,224 391

C. bairdi Pacific cod 0.6183 324,176 200,438

Zone 2 Yellowfin sole 0.1144 1,788,459 204,600

Rock sole/flathead sole/other flatfish5 0.2841 596,154 169,367

Pollock/Atka mackerel/other species 0.0227 27,473 624

Rockfish 0.0245 10,988 269

1Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

2Target fishery categories are defined in regulation at § 679.21(e)(3)(iv). 3C. opilio Bycatch Limitation Zone. Boundaries are defined at Figure 13 of 50 CFR part 679. 4In October 2004, the Council recommended that red king crab bycatch for trawl fisheries within the RKCSS be limited to 35 percent of the 

total allocation to the rock sole/flathead sole/‘‘other flatfish’’ fishery category (see § 679.21(e)(3)(ii)(B)). 5‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Greenland turbot, rock sole, yellowfin 

sole, arrowtooth flounder.

Classification

NMFS has determined that the 

proposed specifications are consistent 

with the FMP and preliminarily 

determined that the proposed 

specifications are consistent with the 

Magnuson-Stevens Act and other 

applicable laws.

This action is authorized under 50 

CFR 679.20 and is exempt from review 

under Executive Order 12866.

An IRFA was prepared to evaluate the 

impacts of the 2005 and 2006 proposed 

harvest specifications on directly 

regulated small entities. This IRFA is 

intended to meet the statutory 

requirements of the Regulatory 

Flexibility Act (RFA). The reason for the 

action, a statement of the objective of 

the action and the legal basis are 

discussed in the preamble and are not 

repeated here.

The 2005 and 2006 harvest 

specifications establish harvest limits 

for the groundfish species and species 

groups in the BSAI. This action is 

necessary to allow fishing in 2005 and 

2006. About 807 small catcher vessels, 

23 small catcher/processors, and 6 small 

private non-profit CDQ groups may be 

directed regulated by these 

specifications.

The IRFA examined the impacts of 

the preferred alternative on small 

entities within fisheries defined by the 

harvest of species groups whose TACs 

might be affected by the specifications. 

The IRFA identified adverse impacts on 

small fishing operations harvesting for 

sablefish and Pacific ocean perch and 

on CDQ groups in the BSAI.

In the BSAI, 36 small Pacific ocean 

perch catcher vessels and catcherprocessors, with average gross revenues 

of $1.8 million, would have a gross 

revenue reduction of a maximum of 1⁄3

of 1 percent; 63 small sablefish catcher 

vessels and catcher-processors, with 

average gross revenues of about 

$700,000, would have gross revenue 

reductions of a maximum of 6 percent; 

and the 6 CDQ groups, with estimated 

average 2004 gross revenues of about 

$19.5 million, would have gross revenue 

reductions of 2⁄10 of a percent.

Please refer to the IRFA for a fuller 

explanation of impacts on small entities. 

A copy of the IRFA is available from 

NMFS (see ADDRESSES).

This regulation does not impose new 

recordkeeping or reporting requirements 

on the regulated small entities. This 

analysis did not reveal any Federal rules 

that duplicate, overlap, or conflict with 

the proposed action.

This analysis examined four 

alternatives to the preferred alternative. 

These included alternatives that set 

TACs to produce fishing rates equal to 

maxFABC, 1⁄2maxFABC, the recent 5 year 

average F, and zero. Only one of these 

alternatives, setting TACs to produce 

fishing rates of maxFABC, would 

potentially have a smaller adverse 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 70991

impact on small entities than the 

preferred alternative. This alternative is 

associated with larger gross revenues for 

the BSAI fisheries. Many of the vessels 

identified above would share in these 

gross revenues. However, the maxFABC

is a fishing rate which may, and often 

does, exceed biologically recommended 

ABCs. For the sablefish and Pacific 

ocean perch fisheries described above, 

the preferred alternative, which 

produces fishing rates less than 

maxFABC, sets TACs equal to projected 

annual ABCs. In addition, the preferred 

alternative TACs for ‘‘other rockfish’’ in 

the Aleutian Islands subarea, rougheye 

rockfish, and shortraker rockfish, also 

equals the ABC. The increases in TACs 

related to producing fishing rates of 

maxFABC would not be consistent with 

biologically prudent fishery 

management because they do not fall 

within the scientifically determined 

ABC.

Authority: Authority: 16 U.S.C. 773 et seq., 

1801 et seq., and 3631 et seq.; 16 U.S.C. 

1540(f); Pub. L. 105 277, Title II of Division 

C; Pub L. 106 31, Sec. 3027; Pub L. 106 554, 

Sec. 209; and Pub. L. 108–199, Sec. 803.

Dated: December 3, 2004.

William T. Hogarth

Assistant Administrator for Fisheries, 

National Marine Fisheries Service.

[FR Doc. 04–26952 Filed 12–7–04; 8:45 am]

BILLING CODE 3510–22–S