Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70605

(2) Observer coverage and prior 

notification. The plant manager or plant 

liaison must notify the observer of the 

offloading schedule for each delivery of 

BS subarea pollock by an AFA catcher 

vessel at least 1 hour prior to offloading. 

The plant manager must ensure that an 

observer monitors each delivery of BS 

subarea pollock from an AFA catcher 

vessel and is on site the entire time the 

delivery is being weighed or sorted.

17. In § 679.64, introductory 

paragraph of (a), paragraphs (a)(1)(i), 

(a)(2)(ii), (a)(4), introductory paragraph 

of (b), and introductory paragraph of 

(b)(3) are revised to read as follows:

§ 679.64 Harvesting sideboard limits in 

other fisheries.

(a) Harvesting sideboards for listed 

AFA catcher/processors. The Regional 

Administrator will restrict the ability of 

listed AFA catcher/processors to engage 

in directed fishing for non-pollock 

groundfish species to protect 

participants in other groundfish 

fisheries from adverse effects resulting 

from the AFA and from fishery 

cooperatives in the BS subarea directed 

pollock fishery.

(1) * * *

(i) Except for Aleutian Islands 

pollock, the Regional Administrator will 

establish annual AFA catcher/processor 

harvest limits for each groundfish 

species or species group in which a TAC 

is specified for an area or subarea of the 

BSAI as follows:

* * * * *

(2) * * *

(ii) If the amount of Pacific ocean 

perch calculated under paragraph 

(a)(2)(i) of this section is determined by 

the Regional Administrator to be 

insufficient to meet bycatch needs of 

AFA catcher/processors in other 

directed fisheries for groundfish, the 

Regional Administrator will prohibit 

directed fishing for Aleutian Islands 

Pacific ocean perch by AFA catcher 

processors and establish the sideboard 

amount equal to the amount of Aleutian 

Islands Pacific ocean perch caught by 

AFA catcher processors incidental to 

directed fishing for other groundfish 

species.

* * * * *

(4) * * *

(i) Except as provided for in 

paragraphs (a)(1)(ii) through (a)(3) of 

this section, the harvest limit for each 

BSAI groundfish species or species 

group will be equal to the 1995 through 

1997 aggregate retained catch of that 

species by catcher/processors listed in 

paragraphs 208(e)(1) through (20) and 

section 209 of the AFA in non-pollock 

target fisheries divided by the sum of 

the catch of that species in 1995 through 

1997 multiplied by the TAC of that 

species available for harvest by catcher/ 

processors in the year in which the 

harvest limit will be in effect.

(ii) If the amount of a species 

calculated under paragraph (a)(4)(i) of 

this section is determined by the 

Regional Administrator to be 

insufficient to meet bycatch needs for 

AFA catcher/processors in other 

directed fisheries for groundfish, the 

Regional Administrator will prohibit 

directed fishing for that species by AFA 

catcher processors and establish the 

sideboard amount equal to the amount 

of that species caught by AFA catcher 

processors incidental to directed fishing 

for other groundfish species.

* * * * *

(b) The Regional Administrator will 

restrict the ability of AFA catcher 

vessels to engage in directed fishing for 

other groundfish species to protect 

participants in other groundfish 

fisheries from adverse effects resulting 

from the AFA and from fishery 

cooperatives in the BS subarea directed 

pollock fishery.

* * * * *

(3) Except for Aleutian Islands 

pollock, the Regional Administrator will 

establish annual AFA catcher vessel 

harvest limits for each groundfish 

species or species group in which a TAC 

is specified for an area or subarea of the 

GOA and BSAI as follows:

* * * * *

18. In § 679.65, paragraphs (a) and (b) 

are revised to read as follows:

§ 679.65 Crab processing sideboard limits.

(a) What is the purpose of crab 

processing limits? The purpose of crab 

processing sideboard limits is to protect 

processors not eligible to participate in 

the BS subarea directed pollock fishery 

from adverse effects as a result of the 

AFA and the formation of fishery 

cooperatives in the BS subarea directed 

pollock fishery.

(b) To whom do the crab processing 

sideboard limits apply? The crab 

processing sideboard limits in this 

section apply to any AFA inshore or 

mothership entity that receives pollock 

harvested in the BS directed pollock 

fishery by a fishery cooperative 

established under § . 679.61 or § 679.62.

* * * * *

[FR Doc. 04–26835 Filed 12–6–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 041126333–4333–01; I.D. 

112204C]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska; 

Proposed 2005 and 2006 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; 

apportionment of reserves; request for 

comments.

SUMMARY: NMFS proposes 2005 and 

2006 harvest specifications, reserves 

and apportionments, and Pacific halibut 

prohibited species catch (PSC) limits for 

the groundfish fishery of the Gulf of 

Alaska (GOA). This action is necessary 

to establish harvest limits and 

associated management measures for 

groundfish during the 2005 and 2006 

fishing years. The intended effect of this 

action is to conserve and manage the 

groundfish resources in the GOA in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act).

DATES: Comments must be received by 

January 6, 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 and the 2001 Biological 

Opinion (BiOp) on the Steller sea lion 

70606 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

protection measures are available from 

NMFS at the address above or from the 

Alaska Region website 

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

2003 Stock Assessment and Fishery 

Evaluation (SAFE) reports, dated 

November 2003, are available from the 

North Pacific Fishery Management 

Council, West 4th Avenue, Suite 306, 

Anchorage, AK, 99510 or from its 

website at www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT: Tom 

Pearson, Sustainable Fisheries Division, 

Alaska Region, 907–481–1780 or e-mail 

at tom.pearson@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

NMFS manages the groundfish 

fisheries in the exclusive economic zone 

off Alaska under the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (FMP). The North Pacific 

Fishery Management Council (Council) 

prepared the FMP under the authority of 

the 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.

Amendments 48/48 to the FMP and to 

the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 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 

Bering Sea and Aleutian Islands (BSAI). 

The goals of Amendments 48/48 in 

revising the 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 

public confusion and disruption to 

fisheries, and (5) promote 

administrative efficiency.

Based on the approval of 

Amendments 48/48, the Council 

recommended 2005 and 2006 proposed 

specifications for GOA groundfish. 

These proposed 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 

specifications will be updated in early 

2006 when final specifications for 2006 

and new specifications for 2007 are 

implemented.

In October 2004, the Council also 

recommended a biennial harvest 

specifications process for certain longlived species and for species for which 

little new management information is 

available on other than a biennial basis. 

Based on current survey schedules, the 

GOA species for which biennial harvest 

specifications process would be used 

are deep water flatfish, rex sole, shallow 

water flatfish, flathead sole, arrowtooth 

flounder, slope rockfish, northern 

rockfish, Pacific ocean perch, 

shortraker/rougheye rockfish, pelagic 

shelf rockfish, thornyhead rockfish, 

demersal shelf rockfish, skates, and 

Atka mackerel. Stock assessment 

surveys are conducted biennially in the 

GOA for these species. Because new 

information is updated every two years 

and harvest amounts are fairly stable 

from year to year, the harvest 

specifications process for these species 

would be conducted every 2 years. If 

new management information becomes 

available for any of those species on a 

more frequent basis, an annual harvest 

specifications process could still be 

used. Amendment 48 to the GOA FMP 

would allow harvest specifications to be 

established for up to 2 fishing years, and 

the administrative process to establish 

these biennial harvest specifications 

would be done every other year, 

concurrent with the annual harvest 

specifications process used for other 

species.

Allowing for up to two years of 

specifications during the specifications 

process would recognize the time period 

of projections that must be used for 

establishing harvest specifications that 

would allow for rulemaking in the 

following year and would provide the 

Council and NMFS the flexibility to 

conduct either an annual or biennial 

specifications process in response to 

potential changes in the frequency of 

stock assessment surveys or other data 

or administrative issues. Based on 

current survey schedules and available 

information, pollock, trawl sablefish, 

Pacific cod, and ‘‘other species’’

category fisheries in the GOA will be 

managed using an annual harvest 

specification process. However, this 

process will provide specifications for 

two years. The second year’s 

specifications will be replaced by the 

new harvest specifications through 

rulemaking based on the annual harvest 

specification process. Any proposed 

changes from using either an annual 

process or a biennial process for a 

particular target species will be 

analyzed during the harvest 

specification process.

The Council recommended that 

specifications for the hook-and-line gear 

and pot gear sablefish individual fishing 

quota (IFQ) fisheries be limited to 1 year 

to ensure that those fisheries are 

conducted concurrent with the halibut 

IFQ fishery. Having the 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 specifications for the sablefish IFQ 

fisheries are in effect. The trawl 

sablefish fishery would be managed 

using specifications for up to a 2-year 

period, similar to GOA pollock, Pacific 

cod and the ‘‘other species’’ category.

The FMP and its implementing 

regulations require NMFS, after 

consultation with the Council, to 

specify the total allowable catch (TAC) 

for each target species and for the ‘‘other 

species’’ category, the sum of which 

must be within the optimum yield (OY) 

range of 116,000 to 800,000 metric tons 

(mt). Section 679.20(c)(1) further 

requires NMFS to publish and solicit 

public comment on proposed annual 

TACs, halibut PSC amounts, and 

seasonal allowances of pollock and 

inshore/offshore Pacific cod. The 

proposed specifications set forth in 

Tables 1 through 13 of this document 

satisfy these requirements. For 2005, the 

sum of the proposed TAC amounts is 

264,265 mt. For 2006, the sum of the 

proposed TAC amounts is 253,867 mt. 

Under § 679.20(c)(3), NMFS will 

publish the final 2005 and 2006 

specifications after (1) considering 

comments received within the comment 

period (see DATES), (2) consulting with 

the Council at its December 2004 

meeting, and (3) considering new 

information presented in the EA and the 

final 2004 SAFE report prepared for the 

2005 and 2006 fisheries.

Section 679.20(c)(2)(i) provides that 

one-fourth of each proposed TAC and 

apportionment (not including the 

reserves and the first seasonal 

allowances of pollock and Pacific cod), 

one-fourth of the proposed halibut PSC 

amounts, and the proposed first 

seasonal allowances of pollock and 

Pacific cod will become effective 0001 

hours, Alaska local time (A.l.t.) January 

1, 2005, on an interim basis and remain 

in effect until superseded by the final 

harvest specifications, which will be 

published in the Federal Register. 

Without interim specifications in effect 

on January 1, the groundfish fisheries 

would not be able to open on that date. 

This would result in disruption to the 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70607

fishing industry. The 2005 interim 

harvest specifications will be published 

by NMFS in the Federal Register prior 

to January 1, 2005.

Proposed Steller Sea Lion Protection 

Measures Revisions

In June 2004, the Council 

unanimously recommended revisions to 

the Steller sea lion protection measures 

in the GOA to alleviate some of the 

economic burden on coastal 

communities while maintaining 

protection for Steller sea lions and their 

critical habitat. These revisions would 

adjust pollock and Pacific cod fishing 

closures near four Steller sea lion 

haulouts and would revise seasonal 

management of pollock harvest. NMFS 

concluded in an Endangered Species 

Act, section 7, informal consultation 

dated August 26, 2004, that fishing 

under the proposed revisions is not 

likely to adversely affect Steller sea 

lions beyond those effects already 

considered in the 2001 Biological 

Opinion on the Steller sea lion 

protection measures and its June 19, 

2003 supplement. NMFS published a 

proposed rule on September 21, 2004 

(69 FR 56384) to implement these 

revisions, inviting comments through 

October 21, 2004. If adopted, NMFS 

anticipates that a final rule would be 

published before the beginning of the 

2005 fishing year. The revised pollock 

harvest management measures would 

affect the annual specifications by 

extending the A and C season dates for 

pollock and provide clarification as to 

how the Regional Administrator, Alaska 

Region, NMFS, (Regional Administrator) 

would rollover unharvested amounts of 

pollock between seasons.

If adopted, the proposed rule would 

extend the pollock A season dates from 

January 20 through February 25 to 

January 20 through March 10 and 

extend the pollock C season dates from 

August 25 through September 15 to 

August 25 through October 1 in the 

Western and Central Regulatory Areas of 

the GOA. The proposed action also 

would change regulatory provisions for 

the rollover of a statistical area’s 

unharvested pollock apportionment into 

the subsequent season. The rollover 

amount would be limited to 20 percent 

of the seasonal apportionment for the 

statistical area. Any unharvested 

pollock above the 20 percent limit could 

be further distributed to the other 

statistical areas, in proportion to the 

estimated biomass in the subsequent 

season in those statistical areas.

Proposed ABC and TAC Specifications

The proposed ABC and TAC for each 

species or species group are based on 

the best available biological and 

socioeconomic information, including 

projected biomass trends, information 

on assumed distribution of stock 

biomass, and revised methods used to 

calculate stock biomass. The Council 

and its Scientific and Statistical 

Committee (SSC) reviewed current 

biological and harvest information about 

the condition of groundfish stocks in the 

GOA in October 2004. Because of time 

constraints, the Advisory Panel (AP) did 

not make any recommendations to the 

Council regarding the proposed harvest 

specifications at its October meeting. 

Most of the information available to the 

SSC and to the Council was initially 

compiled by the Council’s GOA Plan 

Team and was presented in the final 

2003 SAFE report for the GOA 

groundfish fisheries, dated November 

2003 (see ADDRESSES). The Plan Team 

annually produces such a document as 

the first step in the process of specifying 

TACs. The SAFE report contains a 

review of the latest scientific analyses 

and estimates of each species’ biomass 

and other biological parameters and 

summaries of the available information 

on the GOA ecosystem and the 

economic condition of the groundfish 

fisheries off Alaska. From these data and 

analyses, the Plan Team estimates an 

ABC for each species category. The 2003 

SAFE report will be updated to include 

new information collected during 2004. 

Revised stock assessments made 

available by the Plan Team in November 

2004 and included in the final 2004 

SAFE report, will be available in 

December 2004. The final harvest 

specifications may be adjusted from the 

proposed harvest specifications based 

on the 2004 SAFE report.

Based on the recommendations from 

the SSC for overfishing levels (OFLs) 

and ABCs, the Council recommended 

the OFLs and ABCs for stocks in tiers 1 

through 3, except for pollock, be based 

on biomass projections as set forth in 

the 2003 SAFE report and on estimates 

of groundfish harvests through the 2004 

and 2005 fishing years. The Council 

recommended that OFL and ABC levels 

for those stocks in tiers 4 through 6, for 

which projections cannot be made, 

remain unchanged from 2004 levels for 

2005 and 2006.

The SSC adopted the OFL and ABC 

recommendations from the Plan Team 

for all groundfish species. In the 2003 

SAFE report, the 2005 and 2006 ABC 

projections are 72,100 mt and 70,642 

mt, respectively, for the combined 

Western, Central, and West Yakutat (W/

C/WYK) GOA stock of pollock. The Plan 

Team did not endorse the ABC 

projections because the NMFS 2004 

winter Shelikof survey estimates 

indicate that the biomass level is lower 

than projected and because it represents 

an increase from the 2004 ABC. The 

Plan Team recommended that the 2004 

ABC of 64,740 mt for the W/C/WYK 

pollock stock be rolled over in the 

proposed specifications for 2005 and 

2006 given the apparently similar 2003 

and 2004 survey results from the NMFS’

winter surveys in the GOA. The SSC 

concurred with the pollock assessment 

recommendation that OFL and ABC 

levels be unchanged from 2004 levels 

until a formal stock assessment can be 

completed in November 2004.

As in 2004, the SSC and Council 

recommended that the method of 

apportioning the sablefish ABC among 

management areas include commercial 

fishery and survey data. NMFS stock 

assessment scientists believe that the 

use of unbiased commercial fishery data 

reflecting catch-per-unit effort provides 

a desirable input for stock distribution 

assessments. The use of commercial 

fishery data is evaluated annually to 

assure that unbiased information is 

included in stock distribution models. 

The Council’s recommendation for 

sablefish area apportionments also takes 

into account the prohibition on the use 

of trawl gear in the Southeast Outside 

(SEO) District of the Eastern GOA and 

makes available 5 percent of the 

combined Eastern GOA ABCs to trawl 

gear for use as incidental catch in other 

directed groundfish fisheries in the 

West Yakutat District.

The SSC and Council recommended 

that the ABC for Pacific cod in the GOA 

be apportioned among regulatory areas 

based on the three most recent NMFS’

summer trawl surveys. As in previous 

years, the Plan Team, SSC, and Council 

recommended that total removals of 

Pacific cod from the GOA not exceed 

ABC recommendations. Accordingly, 

the Council recommended that the 2005 

and 2006 TACs be adjusted downward 

from the ABCs by amounts equal to the 

2005 guideline harvest levels (GHL) 

established for Pacific cod by the State 

of Alaska (State) for the state managed 

fisheries in the GOA. The effect of the 

State’s GHL on the Pacific cod TAC is 

discussed in greater detail below. As in 

2004, NMFS proposes for 2005 and 2006 

to establish an A season directed fishing 

allowance (DFA) for the Pacific cod 

fisheries in the GOA based on the 

management area TACs less the recent 

average A season incidental catch of 

Pacific cod in each management area 

before June 10 (see § 679.20(d)(1)). The 

DFA and incidental catch before June 10 

will be managed such that total harvest 

in the A season will be no more than 60 

percent of the annual TAC. Incidental 

catch taken after June 10 will continue 

70608 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

to be taken from the B season TAC. This 

action meets the intent of the Steller Sea 

Lion Protection Measures by achieving 

temporal dispersion of the Pacific cod 

removals and by reducing the likelihood 

of harvest exceeding 60 percent of the 

annual TAC in the A season (January 1 

through June 10).

For 2005 and 2006, the Council 

recommends and NMFS proposes the 

ABCs listed in Tables 1 and 2. These 

amounts reflect harvest amounts that are 

less than the specified overfishing 

amounts. The sum of the ABCs for all 

assessed groundfish is 514,864 mt for 

2005 and 515,240 mt for 2006, which is 

higher than the 2004 ABC of 507,092 mt 

(69 FR 26320, May 12, 2004).

Specification and Apportionment of 

TAC Amounts

The Council recommended TACs for 

2005 and 2006 that are equal to ABCs 

for pollock, deep-water flatfish, rex sole, 

sablefish, Pacific ocean perch, 

shortraker and rougheye rockfish, 

northern rockfish, pelagic shelf rockfish, 

thornyhead rockfish, demersal shelf 

rockfish, and Atka mackerel. The 

Council recommended TACs that are 

less than the ABCs for Pacific cod, 

flathead sole, shallow-water flatfish, 

arrowtooth flounder, and other rockfish.

The apportionment of annual pollock 

TAC among the Western and Central 

Regulatory Areas of the GOA reflects the 

seasonal biomass distribution and is 

discussed in greater detail below. The 

annual pollock TAC in the Western and 

Central Regulatory Areas of the GOA is 

divided into four equal seasonal 

apportionments. Twenty-five percent of 

the annual TAC in the Western and 

Central Regulatory Areas of the GOA is 

apportioned to the A season (January 20 

through February 25), the B season 

(March 10 through May 31), the C 

season (August 25 through September 

15), and the D season (October 1 

through November 1) in Statistical 

Areas 610, 620, and 630 of the GOA (see 

§ 679.23(d)(2)(i) through (iv) and 

§ 679.20(a)(5)(iii)(B)). As discussed 

above, revised seasonal dates for the A 

and C season pollock fisheries would be 

effective with the implementation of the 

final rule for revising Steller sea lion 

protection measures (69 FR 56384, 

September 21, 2004).

The 2005 and 2006 Pacific cod TACs 

are affected by the State’s developing 

fishery for Pacific cod in State waters in 

the Central and Western GOA, as well 

as in Prince William Sound (PWS). The 

SSC and Council recommended that the 

sum of all State and Federal water 

Pacific cod removals not exceed the 

ABC. Accordingly, the Council 

recommended that in 2005 the Pacific 

cod TAC be reduced from ABC levels to 

account for State GHLs in each 

regulatory area of the GOA. Therefore, 

respective TACs are reduced from ABCs 

as follows: (1) Eastern GOA, 412 mt; (2) 

Central GOA, 8,141 mt; and (3) Western 

GOA, 5,301 mt. For 2006, the Council 

recommended that the Pacific cod TAC 

be reduced from ABC levels to account 

for State GHLs in each regulatory area 

of the GOA. Therefore, the respective 

TACs are, therefore, reduced from ABCs 

as follows: (1) Eastern GOA, 338 mt; (2) 

Central GOA, 6,683 mt; and (3) Western 

GOA, 4,352 mt. These amounts reflect 

the sum of the State’s 2005 GHLs in 

these areas, which are 10 percent, 24.25 

percent, and 25 percent of the Eastern, 

Central, and Western GOA ABCs, 

respectively.

NMFS also is establishing seasonal 

apportionments of the annual Pacific 

cod TAC in the Western and Central 

Regulatory Areas. Sixty percent of the 

annual TAC is apportioned to the A 

season for hook-and-line, pot or jig gear 

from January 1 through June 10, and for 

trawl gear from January 20 through June 

10. Forty percent of the annual TAC is 

apportioned to the B season for hookand-line, pot or jig gear from September 

1 through December 31, and for trawl 

gear from September 1 through 

November 1 (see §§ 679.23(d)(3) and 

679.20(a)(11)). These seasonal 

apportionments of the annual Pacific 

cod TAC are discussed in greater detail 

below.

The FMP specifies that the amount for 

the ‘‘other species’’ category is 

calculated as 5 percent of the combined 

TAC amounts for target species. The 

2005 GOA-wide ‘‘other species’’ TAC is 

12,584 mt and the 2006 TAC is 12,089 

mt, which is 5 percent of the sum of the 

combined TAC amounts (251,681 mt for 

2005 and 241,778 mt for 2006) for the 

assessed target species. The sum of the 

TACs for all GOA groundfish is 264,265 

mt for 2005 and 253,867 mt for 2006, 

which is within the OY range specified 

by the FMP. The sum of the 2005 TACs 

and the sum of the 2006 TACs are lower 

than the 2004 TAC sum of 271,776 mt.

NMFS finds that the Council’s 

recommendations for proposed OFL, 

ABC, and TAC amounts are consistent 

with the biological condition of 

groundfish stocks as adjusted for other 

biological and socioeconomic 

considerations, including maintaining 

the total TAC within the required OY 

range of 116,000 to 800,000 mt. The 

proposed 2005 and 2006 ABCs, TACs, 

and OFLs are shown in Tables 1 and 2.

TABLE 1—PROPOSED 2005 ABCS, TACS, AND OVERFISHING LEVELS OF GROUNDFISH FOR THE WESTERN/CENTRAL/

WEST YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST

YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA. 

(Values are rounded to the nearest metric ton) 

Totals Species Area1 ABC TAC Overfishing level 

Pollock2 Shumagin (610) 22,930 22,930

Chirikof (620) 26,490 26,490

Kodiak (630) 14,040 14,040

WYK (640) 1,280 1,280

Subtotal W/C/WYK 64,740 64,740 91,060

SEO (650) 6,520 6,520 8,690

Total 71,260 71,260 99,750

Pacific cod3 W 21,204 15,903

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70609

TABLE 1—PROPOSED 2005 ABCS, TACS, AND OVERFISHING LEVELS OF GROUNDFISH FOR THE WESTERN/CENTRAL/

WEST YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST

YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA.—Continued

(Values are rounded to the nearest metric ton) 

Totals Species Area1 ABC TAC Overfishing level 

C 33,573 25,432

E 4,123 3,711

Total 58,900 45,046 78,400

Flatfish4 (deep-water) W 310 310

C 2,970 2,970

WYK 1,880 1,880

SEO 910 910

Total 6,070 6,070 8,010

Rex sole W 1,680 1,680

C 7,340 7,340

WYK 1,340 1,340

SEO 2,290 2,290

Total 12,650 12,650 16,480

Flathead sole W 11,694 2,000

C 30,024 5,000

WYK 2,992 2,992

SEO 390 390

Total 45,100 10,382 56,500

Flatfish5 (shallowwater)W 21,580 4,500

C 27,250 13,000

WYK 2,030 2,030

SEO 1,210 1,210

Total 52,070 20,740 63,840

Arrowtooth flounder W 26,249 8,000

C 168,953 25,000

WYK 11,787 2,500

SEO 9,911 2,500

Total 216,900 38,000 253,900

Sablefish6 W 2,411 2,411

C 5,892 5,892

WYK 2,036 2,036

SEO 3,053 3,053

Subtotal E 5,089 5,089

Total 13,392 13,392 19,008

70610 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

TABLE 1—PROPOSED 2005 ABCS, TACS, AND OVERFISHING LEVELS OF GROUNDFISH FOR THE WESTERN/CENTRAL/

WEST YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST

YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA.—Continued

(Values are rounded to the nearest metric ton) 

Totals Species Area1 ABC TAC Overfishing level 

Pacific ocean perch7 W 2,489 2,489 2,964

C 8,253 8,253 9,828

WYK 802 802

SEO 1,556 1,556

Subtotal E 2,358 2,808

Total 13,100 13,100 15,600

Shortraker/rougheye8 W 254 254

C 656 656

E 408 408

Total 1,318 1,318 2,510

Other rockfish9,10 W 40 40

C 300 300

WYK 130 130

SEO 3,430 200

Total 3,900 670 5,150

Northern rockfish10,11,15W 730 730

C 3,870 3,870

E N/A N/A

Total 4,600 4,600 5,400

Pelagic shelf rockfish12W 370 370

C 3,010 3,010

WYK 210 210

SEO 880 880

Total 4,470 4,470 5,570

Thornyhead rockfish W 410 410

C 1,010 1,010

E 520 520

Total 1,940 1,940 2,590

Big/longnose13

skates

C 4,435 3,284

Other skates14 GW 3,709 3,709

Total 8,144 6,993 10,859

Demersal shelf rockfish16SEO 450 450 690

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70611

TABLE 1—PROPOSED 2005 ABCS, TACS, AND OVERFISHING LEVELS OF GROUNDFISH FOR THE WESTERN/CENTRAL/

WEST YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST

YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA.—Continued

(Values are rounded to the nearest metric ton) 

Totals Species Area1 ABC TAC Overfishing level 

Atka mackerel GW 600 600 6,200

Other species17 GW N/A 12,584 N/A

TOTAL18 514,864 264,265 650,457

1. Regulatory areas and districts are defined at § 679.2.

2. Pollock is apportioned in the Western/Central Regulatory Areas among three statistical areas. During the Aseason, the apportionment is 

based on an adjusted estimate of the relative distribution of pollock biomass at 25 percent, 56 percent, and 19 percent in Statistical Areas 610, 

620, and 630, respectively. During the B season, the apportionment is based on the relative distribution of pollock biomass at 25 percent, 66 percent, and 9 percent in Statistical Areas 610, 620, and 630, respectively. During the C and D seasons, the apportionment is based on the relative 

distribution of pollock biomass at 47 percent, 23 percent, and 30 percent in Statistical Areas 610, 620, and 630, respectively. These seasonal apportionments are shown in Table 5. In the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, pollock is not divided 

into seasonal allowances.

3.The annual Pacific cod TAC is apportioned 60 percent to an A season and 40 percent to a B season in the Western and Central Regulatory 

Areas of the GOA. Pacific cod is allocated 90 percent for processing by the inshore component and 10 percent for processing by the offshore 

component. Seasonal apportionments and component allocations of TAC are shown in Tables 6 and 7.

4. ‘‘Deep water flatfish’’ means Dover sole, Greenland turbot, and deepsea sole.

5. ‘‘Shallow water flatfish’’ means flatfish not including ‘‘deep water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder.

6. Sablefish is allocated to trawl and hook-and-line gears (Tables 3 and 4).

7. ‘‘Pacific ocean perch’’ means Sebastes alutus.

8. ‘‘Shortraker/rougheye rockfish’’ means Sebastes borealis (shortraker) and S. aleutianus (rougheye).

9. ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District means slope rockfish and demersal shelf 

rockfish. The category ‘‘other rockfish’’ in the SEO District means Slope rockfish.

10. ‘‘Slope rockfish’’ means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. 

crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), 

S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), 

and S. reedi (yellowmouth). In the Eastern GOA only, slope rockfish also includes northern rockfish, S. polyspinous.

11. ‘‘Northern rockfish’’ means Sebastes polyspinis.

12. ‘‘Pelagic shelf rockfish’’ means Sebastes ciliatus (dusky), S. entomelas (widow), and S. flavidus (yellowtail).

13. Big skate means Raja binoculata and longnose skate means Raja rhina.

14. Other skates means big and long nose skates in the E and W GOA and Bathyraja spp. Gulfwide.

15. N/A means not applicable.

16. ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. 

helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).

17. ‘‘Other species’’ means sculpins, sharks, squid, and octopus. There is no OFL or ABC for ‘‘other species’’, the TAC for ‘‘other species’’

equals 5 percent of the TACs for assessed target species.

18. The total ABC and OFL is the sum of the ABCs and OFLs for assessed target species.

TABLE 2—PROPOSED 2006 ABCS, TACS, AND OVERFISHING LEVELS OF GROUNDFISH FOR THE WESTERN/CENTRAL/

WEST YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST

YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA. 

(Values are rounded to the nearest metric ton) 

Total Species Area1 ABC TAC Overfishing level 

Pollock2 Shumagin (610) 22,930 22,930

Chirikof (620) 26,490 26,490

Kodiak (630) 14,040 14,040

WYK (640) 1,280 1,280

Subtotal W/C/WYK 64,740 64,740 91,060

SEO (650) 6,520 6,520 8,690

Total 71,260 71,260 99,750

Pacific cod3 W 17,406 13,054

C 27,560 20,877

E 3,384 3,046

Total 48,350 36,977 63,950

Flatfish4 (deep-water) W 310 310

70612 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

TABLE 2—PROPOSED 2006 ABCS, TACS, AND OVERFISHING LEVELS OF GROUNDFISH FOR THE WESTERN/CENTRAL/

WEST YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST

YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA.—Continued

(Values are rounded to the nearest metric ton) 

Total Species Area1 ABC TAC Overfishing level 

C 2,970 2,970

WYK 1,880 1,880

SEO 910 910

Total 6,070 6,070 8,010

Rex sole W 1,680 1,680

C 7,340 7,340

WYK 1,340 1,340

SEO 2,290 2,290

Total 12,650 12,650 16,480

Flathead sole W 11,111 2,000

C 28,527 5,000

WYK 2,842 2,842

SEO 370 370

Total 42,850 10,212 53,850

Flatfish5 (shallowwater)W 21,580 4,500

C 27,250 13,000

WYK 2,030 2,030

SEO 1,210 1,210

Total 52,070 20,740 63,840

Arrowtooth flounder W 27,924 8,000

C 179,734 25,000

WYK 12,539 2,500

SEO 10,543 2,500

Total 230,740 38,000 270,050

Sablefish6 W 2,237 2,237

C 5,468 5,468

WYK 1,889 1,889

SEO 2,834 2,834

Subtotal E 4,723 4,723

Total 12,428 12,428 17,633

Pacific ocean perch7 W 2,419 2,419 2,872

C 8,020 8,020 9,526

WYK 779 779

SEO 1,512 1,512

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70613

TABLE 2—PROPOSED 2006 ABCS, TACS, AND OVERFISHING LEVELS OF GROUNDFISH FOR THE WESTERN/CENTRAL/

WEST YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST

YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA.—Continued

(Values are rounded to the nearest metric ton) 

Total Species Area1 ABC TAC Overfishing level 

Subtotal E 2,291 2,722

Total 12,730 12,730 15,120

Shortraker/rougheye8 W 254 254

C 656 656

E 408 408

Total 1,318 1,318 2,510

Other rockfish9,10 W 40 40

C 300 300

WYK 130 130

SEO 3,430 200

Total 3,900 670 5,150

Northern rockfish10,11,15W 678 678

C 3,592 3,592

E N/A N/A

Total 4,270 4,270 5,070

Pelagic shelf rockfish12W 370 370

C 3,010 3,010

WYK 210 210

SEO 880 880

Total 4,470 4,470 5,570

Thornyhead rockfish W 410 410

C 1,010 1,010

E 520 520

Total 1,940 1,940 2,590

Big/longnose13

skates

C 4,435 3,284

Other skates14 GW 3,709 3,709

Total 8,144 6,993 10,859

Demersal shelf rockfish16SEO 450 450 690

Atka mackerel GW 600 600 6,200

Other species17 GW N/A 12,089 N/A

TOTAL18 514,240 253,867 647,272

1. Regulatory areas and districts are defined at § 679.2.

70614 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

2. Pollock is apportioned in the Western/Central Regulatory Areas among three statistical areas. During the A season, the apportionment is 

based on an adjusted estimate of the relative distribution of pollock biomass at 25 percent, 56 percent, and 19 percent in Statistical Areas 610, 

620, and 630, respectively. During the B season, the apportionment is based on the relative distribution of pollock biomass at 25 percent, 66 percent, and 9 percent in Statistical Areas 610, 620, and 630, respectively. During the C and D seasons, the apportionment is based on the relative 

distribution of pollock biomass at 47 percent, 23 percent, and 30 percent in Statistical Areas 610, 620, and 630, respectively. These seasonal apportionments are shown in Table 5. In the WestYakutat and SEO Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.

3. The annual Pacific cod TAC is apportioned 60 percent to an A season and 40 percent to a B season in the Western and Central Regulatory 

Areas of the GOA. Pacific cod is allocated 90 percent for processing by the inshore component and 10 percent for processing by the offshore 

component. Seasonal apportionments and component allocations of TAC are shown in Tables 6 and 7.

4. ‘‘Deep water flatfish’’ means Dover sole, Greenland turbot, and deepsea sole.

5. ‘‘Shallow water flatfish’’ means flatfish not including ‘‘deep water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder.

6. Sablefish is allocated to trawl and hook-and-line gears (Tables 3 and 4).

7. ‘‘Pacific ocean perch’’ means Sebastes alutus.

8. ‘‘Shortraker/rougheye rockfish’’ means Sebastes borealis (shortraker) and S. aleutianus (rougheye).

9. ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District means slope rockfish and demersal shelf 

rockfish. The category ‘‘other rockfish’’ in the SEO District means Slope rockfish.

10. ‘‘Slope rockfish’’ means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S.goodei (chilipepper), S. crameri

(darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. 

zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), 

and S. reedi (yellowmouth). In the Eastern GOA only, slope rockfish also includes northern rockfish, S. polyspinous.

11. ‘‘Northern rockfish’’ means Sebastes polyspinis.

12. ‘‘Pelagic shelf rockfish’’ means Sebastes ciliatus (dusky), S. entomelas (widow), and S. flavidus (yellowtail).

13. Big skate means Raja binoculata and longnose skate means Raja rhina.

14. Other skates means big and long nose skates in the E and W GOA and Bathyraja spp. Gulfwide.

15. N/A means not applicable.

16. ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. 

helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).

17. ‘‘Other species’’ means sculpins, sharks, squid, and octopus. There is no OFL or ABC for ‘‘other species’’, the TAC for ‘‘other species’’

equals 5 percent of the TACs for assessed target species.

18. The total ABC and OFL is the sum of the ABCs and OFLs for assessed target species.

Proposed Apportionment of Reserves

Regulations at § 679.20(b)(2) require 

20 percent of each TAC for pollock, 

Pacific cod, flatfish, and the ‘‘other 

species’’ category be set aside in 

reserves for possible apportionment at a 

later date. In 2004, NMFS reapportioned 

all of the reserves in the final harvest 

specifications. For 2005 and 2006, 

NMFS proposes apportionment of all of 

the reserve for pollock, Pacific cod, 

flatfish, and ‘‘other species.’’

Specifications of TAC shown in Tables 

1 and 2 reflect apportionment of reserve 

amounts for these species and species 

groups.

Proposed Apportionments of the 

Sablefish TAC Amounts to Vessels 

Using Hook-and-Line and Trawl Gear

Under § 679.20(a)(4)(i) and (ii), 

sablefish TACs for each of the regulatory 

areas and districts are allocated to hookand-line and trawl gear. In the Western 

and Central Regulatory Areas, 80 

percent of each TAC is allocated to 

hook-and-line gear, and 20 percent of 

each TAC is allocated to trawl gear. In 

the Eastern Regulatory Area, 95 percent 

of the TAC is allocated to hook-and-line 

gear, and 5 percent is allocated to trawl 

gear. The trawl gear allocation in the 

Eastern Regulatory Area may only be 

used to support incidental catch of 

sablefish in directed fisheries for other 

target species (see § 679.20(a)(1)). In 

recognition of the trawl ban in the SEO 

District of the Eastern Regulatory Area, 

the Council recommended and NMFS 

concurs that 5 percent of the combined 

Eastern GOA sablefish TAC be allocated 

to trawl gear in the WYK District and 

the remainder to vessels using hookand-line gear. In the SEO District, 100 

percent of the sablefish TAC is allocated 

to vessels using hook-and-line gear. The 

Council recommended that only trawl 

sablefish TAC be established biennially. 

This recommendation results in an 

allocation of 254 mt to trawl gear and 

1,782 mt to hook-and-line gear in the 

WYK District, of 3,053 mt to hook-andline gear in the SEO District in 2005, 

and of 236 mt to trawl gear in the WYK 

District in 2006. Tables 3 and 4 shows 

the allocations of the proposed 2005 and 

2006 sablefish TACs between hook-andline and trawl gear.

TABLE 3—PROPOSED 2005 SABLEFISH TAC SPECIFICATIONS IN THE GULF OF ALASKA AND ALLOCATIONS THEREOF TO

HOOK-AND-LINE AND TRAWL GEAR. 

(Values are rounded to the nearest metric ton) 

Area/District TAC Hook-and-line apportionment Trawl apportionment 

Western 2,411 1,929 482

Central 5,892 4,714 1,178

West Yakutat 2,036 1,782 254

Southeast Outside 3,053 3,053 0

Total 13,392 11,478 1,914

TABLE 4—PROPOSED 2006 SABLEFISH TAC SPECIFICATIONS IN THE GULF OF ALASKA AND ALLOCATIONS THEREOF TO

TRAWL GEAR. 

(Values are rounded to the nearest metric ton) 

Area/District TAC Hook-and-line apportionment1 Trawl apportionment 

Western 2,237 n/a 447

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70615

TABLE 4—PROPOSED 2006 SABLEFISH TAC SPECIFICATIONS IN THE GULF OF ALASKA AND ALLOCATIONS THEREOF TO

TRAWL GEAR.—Continued

(Values are rounded to the nearest metric ton) 

Area/District TAC Hook-and-line apportionment1 Trawl apportionment 

Central 5,468 n/a 1,094

West Yakutat 1,889 n/a 236

Southeast Outside 2,834 n/a 0

Total 12,428 n/a 1,777

1The Council recommended that specifications for the hook-and-line gear sablefish IFQ fisheries be limited to 1 year to ensure that those fisheries are conducted concurrent with the halibut IFQ fishery.

Proposed Apportionments of Pollock 

TAC Among Seasons and Regulatory 

Areas, and Allocations for Processing 

by Inshore and Offshore Components

In the GOA, pollock is apportioned by 

season and area, and is further allocated 

for processing by inshore and offshore 

components. Under regulations at 

§ 679.20(a)(5)(iii)(B), the annual pollock 

TAC specified for the Western and 

Central Regulatory Areas of the GOA is 

apportioned into four equal seasonal 

allowances of 25 percent. As established 

by § 679.23(d)(2)(i) through (iv), the A, 

B, C, and D season allowances are 

available from January 20 through 

February 25, March 10 through May 31, 

August 25 through September 15, and 

October 1 through November 1, 

respectively. As discussed previously, if 

the proposed revision of Steller sea lion 

protection measures (69 FR 56384, 

September 21, 2004) is approved, the A 

season dates would be changed to 

January 20 through March 10 and the C 

season dates would be changed to 

August 25 through October 1.

Pollock TACs in the Western and 

Central Regulatory Areas of the GOA in 

the A and B seasons are apportioned 

among statistical areas 610, 620, and 

630 in proportion to the distribution of 

pollock biomass as determined by a 

composite of NMFS winter surveys and 

in the C and D seasons in proportion to 

the distribution of pollock biomass as 

determined by the four most recent 

NMFS summer surveys. As in 2004, the 

Council recommended that during the A 

season, the winter and summer 

distribution of pollock be averaged in 

the Central Regulatory Area to better 

reflect the distribution of pollock and 

the performance of the fishery in the 

area during the A season for the 2005 

and 2006 fishing years. Within any 

fishing year, the underage or overage of 

a seasonal allowance may be added to 

or subtracted from subsequent seasonal 

allowances in a manner to be 

determined by the Regional 

Administrator, provided that the sum of 

the revised seasonal allowances does 

not exceed 30 percent of the annual 

TAC apportionment for the Central and 

Western Regulatory Areas in the GOA 

(§ 679.20(a)(5)(iii)(B)). For 2005 and 

2006, 30 percent of the proposed annual 

TAC for the Central and Western 

Regulatory Areas is 19,308 mt. As 

discussed previously, approval of the 

proposed revision to Steller sea lion 

protection measures would alter the 

way NMFS handles rollovers. The 

rollover amount would be limited to 20 

percent of the seasonal apportionment 

for the statistical area. Any unharvested 

pollock above the 20 percent limit could 

be further distributed to the other 

statistical areas, in proportion to the 

estimated biomass in the subsequent 

season in those statistical areas. Because 

the harvest of pollock is apportioned 

among four seasons, the 20 percent 

seasonal apportionment rollover limit 

would be equivalent annually to the 30–

percent annual rollover limit currently 

in the regulations. The WYK and SEO 

District pollock TACs of 1,280 mt and 

6,520 mt, respectively, are not allocated 

seasonally.

Section 679.20(a)(6)(i) requires that 

100 percent of the pollock TAC in all 

regulatory areas and of all seasonal 

allowances be allocated to vessels 

catching pollock for processing by the 

inshore component after subtraction of 

amounts that are projected by the 

Regional Administrator to be caught by, 

or delivered to, the offshore component 

incidental to directed fishing for other 

groundfish species. The amount of 

pollock available for harvest by vessels 

harvesting pollock for processing by the 

offshore component is that amount 

actually taken as incidental catch during 

directed fishing for groundfish species 

other than pollock, up to the maximum 

retainable amounts allowed under 

§ 679.20(e) and (f). At this time, these 

incidental catch amounts are unknown 

and will be determined during the 

fishing year.

The proposed seasonal biomass 

distribution of pollock in the Western 

and Central GOA, area apportionments, 

and seasonal apportionments for the A, 

B, C, and D seasons are summarized in 

Table 5.

TABLE 5—PROPOSED 2005 AND 2006 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS

OF THE GULF OF ALASKA; SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES

OF ANNUAL TAC. 

(Values are rounded to the nearest metric ton) 

Season 

Biomass Distribution 

Shumagin (Area 610) Chirikof (Area 620) Kodiak (Area 630) Total 

A 3,747 (23.63%) 9,027 (56.9%) 3,091 (19.48%) 15,865 (100%)

B 3,748 (23.63%) 10,704 (67.47%) 1,413 (8.91%) 15,865 (100%)

C 7,717 (48.64%) 3,380 (21.3%) 4,768 (30.06%) 15,865 (100%)

D 7,718 (48.64%) 3,379 (21.33%) 4,768 (30.06%) 15,865 (100%)

Annual Total 22,930 26,490 14,040 63,460

70616 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

Proposed Seasonal Apportionments of 

Pacific Cod TAC and Allocations for 

Processing of Pacific Cod TAC Between 

Inshore and Offshore Components

Pacific cod fishing is divided into two 

seasons in the Western and Central 

Regulatory Areas of the GOA. For hookand-line, pot and jig gear, the A season 

is January 1 through June 10, and the B 

season is September 1 through 

December 31. For trawl gear, the A 

season is January 20 through June 10, 

and the B season is September 1 through 

November 1, (§ 679.23(d)(3)). After 

subtraction of incidental catch, 60 

percent and 40 percent of the annual 

TAC will be available for harvest during 

the A and B seasons, respectively, and 

will be apportioned between the inshore 

and offshore processing components as 

provided in § 679.20(a)(6)(ii). Between 

the A and the B seasons, directed 

fishing for Pacific cod is closed, and 

fishermen participating in other 

directed fisheries may retain Pacific cod 

up to the maximum retainable amounts 

allowed under § 679.20(e) and (f). For 

purposes of clarification, NMFS points 

out that the dates for the A season and 

the B season Pacific cod fisheries differ 

from those of the A, B, C, and D seasons 

for the pollock fisheries. In accordance 

with § 679.20(a)(11)(ii), any overage or 

underage of Pacific cod allowance from 

the A season may be subtracted from or 

added to the subsequent B season 

allowance.

Section 679.20(a)(6)(ii) requires that 

the TAC apportionment of Pacific cod in 

all regulatory areas be allocated to 

vessels catching Pacific cod for 

processing by the inshore and offshore 

components. Ninety percent of the 

Pacific cod TAC in each regulatory area 

is allocated to vessels catching Pacific 

cod for processing by the inshore 

component. The remaining 10 percent 

of the TAC is allocated to vessels 

catching Pacific cod for processing by 

the offshore component. These seasonal 

apportionments and allocations of the 

proposed 2005 and 2006 Pacific cod 

TACs are shown in Tables 6 and 7, 

respectively.

TABLE 6—PROPOSED 2005 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TAC AMOUNTS IN THE GULF

OF ALASKA; ALLOCATIONS FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS. 

(Values are rounded to the nearest metric ton) 

Season Regulatory area TAC 

Component allocation 

Inshore (90%) Offshore (10%) 

Western 15,903 14,313 1,590

A season (60%) 9,542 8,588 954

B season (40%) 6,361 5,726 635

Central 25,432 22,889 2,543

A season (60%) 15,259 13,733 1,526

B season (40%) 10,173 9,156 1,017

Eastern 3,711 3,340 371

Total 45,046 40,542 4,504

TABLE 7—PROPOSED 2006 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TAC AMOUNTS IN THE GULF

OF ALASKA; ALLOCATIONS FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS. 

(Values are rounded to the nearest metric ton) 

Season Regulatory area TAC 

Component allocation 

Inshore (90%) Offshore (10%) 

Western 13,054 11,749 1,305

A season (60%) 7,832 7,049 783

B season (40%) 5,222 4,700 522

Central 20,877 18,789 2,088

A season (60%) 12,526 11,273 1,253

B season (40%) 8,351 7,516 835

Eastern 3,046 2,741 305

Total 36,977 33,279 3,698

Proposed Halibut PSC Limits

In accordance with regulations at 

§ 679.21(d), annual halibut PSC limits 

are established and apportioned to trawl 

and hook-and-line gear and may be 

established for pot gear. In October 

2004, the Council recommended that 

NMFS maintain the 2004 halibut PSC 

limits of 2,000 mt for the trawl fisheries 

and 300 mt for the hook-and-line 

fisheries, with 10 mt of the hook-andline limit allocated to the demersal shelf 

rockfish (DSR) fishery in the SEO 

District and the remainder to the 

remaining hook-and-line fisheries for 

the 2005 and 2006 groundfish fisheries. 

Historically, the DSR fishery, defined at 

§ 679.21(d)(4)(iii)(A), has been 

apportioned this amount in recognition 

of its small scale harvests. Although 

observer data are not available to verify 

actual bycatch amounts, given most 

vessels in the DSR fishery are less than 

60 ft (18.3 m) length overall (LOA) and 

thus are exempt from observer coverage, 

halibut bycatch in the DSR fishery is 

assumed to be low because of the short 

soak times for the gear and duration of 

the DSR fishery. Also, the DSR fishery 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70617

occurs in the winter when less overlap 

occurs in the distribution of DSR and 

halibut.

Section 679.21(d)(4) authorizes the 

exemption of specified non-trawl 

fisheries from the halibut PSC limit. The 

Council recommended that pot gear, jig 

gear, and the hook-and-line sablefish 

fishery be exempted from the non-trawl 

halibut limit for 2005 and 2006. The 

Council recommended these 

exemptions because (1) the pot gear 

fisheries experience low halibut bycatch 

mortality (4 mt in 2001, 2 mt in 2002, 

14 mt in 2003, and 23 mt through 

October 9, 2004); (2) the Individual 

Fishing Quota (IFQ) program requires 

legal-sized halibut to be retained by 

vessels using hook-and-line gear if a 

halibut IFQ permit holder is aboard and 

is holding unused halibut IFQ; and (3) 

halibut mortality for the jig gear fleet 

cannot be estimated because these 

vessels do not carry observers. Halibut 

mortality is assumed to be very low, 

given the small amount of groundfish 

harvested by jig gear (336 mt in 2001, 

277 mt in 2002, and 294 mt in 2003), 

and survival rates of any halibut 

incidentally caught by jig gear and 

released are assumed to be high.

Under § 679.21(d)(5), NMFS 

seasonally apportions the halibut PSC 

limits based on recommendations from 

the Council. The FMP and regulations 

require that the Council and NMFS 

consider the following information in 

seasonally apportioning halibut PSC 

limits: (1) seasonal distribution of 

halibut, (2) seasonal distribution of 

target groundfish species relative to 

halibut distribution, (3) expected 

halibut bycatch needs on a seasonal 

basis relative to changes in halibut 

biomass and expected catch of target 

groundfish species, (4) expected bycatch 

rates on a seasonal basis, (5) expected 

changes in directed groundfish fishing 

seasons, (6) expected actual start of 

fishing effort, and (7) economic effects 

of establishing seasonal halibut 

allocations on segments of the target 

groundfish industry.

The final 2004 groundfish and PSC 

specifications (69 FR 9261, February 27, 

2004) summarized the Council and 

NMFS findings with respect to each of 

the FMP considerations set forth here. 

At this time, the Council’s and NMFS’

findings are unchanged from those set 

forth in 2004. The proposed Pacific 

halibut PSC limits and apportionments 

for 2005 and 2006 are presented in 

Table 8. Section 679.21, paragraphs 

(d)(5)(iii) and (d)(5)(iv) specify that any 

underages or overages in a seasonal 

apportionment of a PSC limit will be 

deducted from or added to the next 

respective seasonal apportionment 

within the 2005 and 2006 fishing years.

TABLE 8—PROPOSED 2005 AND 2006 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS. THE PACIFIC

HALIBUT PSC LIMIT FOR HOOK-AND-LINE GEAR IS ALLOCATED TO THE DEMERSAL SHELF ROCKFISH (DSR) FISHERY AND

FISHERIES OTHER THAN DSR. THE HOOK-AND-LINE SABLEFISH FISHERY IS EXEMPT FROM HALIBUT PSC LIMITS. 

(Values are in metric tons) 

Trawl gear Hook-and-line gear 

Dates Amount 

Other than DSR DSR 

Dates Amount Date Amount 

January 20 - April 1 550 (27.5%) January 1 - June 10 250 (86%) January 1 - December 31 10 (100%)

April 1 - July 1 400 (20%) June 10 - September 1 5 (2%)

July 1 - September 1 600 (30%) September 1 - December 31 35 (12%)

September 1 - October 1 150 (7.5%)

October 1 - December 31 300 (15%)

Total: 2,000 (100%) 290 (100%) 10 (100%)

Section 679.21(d)(3)(ii) authorizes 

apportionments of the trawl halibut PSC 

limit to be further apportioned to trawl 

fishery categories, based on each 

category’s proportional share of the 

anticipated halibut bycatch mortality 

during a fishing year and the need to 

optimize the total amount of groundfish 

harvest under the halibut PSC limit. The 

fishery categories for the trawl halibut 

PSC limits are (1) a deep-water species 

complex, comprised of sablefish, 

rockfish, deep-water flatfish, rex sole 

and arrowtooth flounder; and (2) a 

shallow-water species complex, 

comprised of pollock, Pacific cod, 

shallow-water flatfish, flathead sole, 

Atka mackerel, skates, and ‘‘other 

species’’ (see § 679.21(d)(3)(iii)). The 

proposed 2005 and 2006 apportionment 

for these two fishery complexes is 

presented in Table 9.

TABLE 9—PROPOSED 2005 AND 2006 APPORTIONMENT OF PACIFIC HALIBUT PSC TRAWL LIMITS BETWEEN THE TRAWL

GEAR DEEP-WATER SPECIES COMPLEX AND THE SHALLOW-WATER SPECIES COMPLEX. 

(Values are in metric tons) 

Season Shallow-water Deep-water Total 

January 20 - April 1 450 100 550

April 1 - July 1 100 300 400

July 1 - September 1 200 400 600

September 1 - October 1 150 Any remainder 150

Subtotal

January 20 - October 1 900 800 1,700

October 1 - December 31 - - - - - - 300

Total - - - - - - 2,000

No apportionment between shallow-water and deep-water fishery complexes during the 5th season (October 1 - December 31).

70618 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

Based on public comment and 

information contained in the final 2004 

SAFE report, which will be available in 

December 2004, the Council may 

recommend, or NMFS may make, 

changes in the seasonal, gear-type, or 

fishing-complex apportionments of 

halibut PSC limits for the final 2005 and 

2006 harvest specifications. NMFS will 

consider the following types of 

information in setting final halibut PSC 

limits.

Estimated Halibut Bycatch in Prior 

Years

The best available information on 

estimated halibut bycatch is data 

collected by observers during 2004. The 

calculated halibut bycatch mortality by 

trawl, hook-and-line, and pot gear 

through October 9, 2004, is 2,271 mt, 

295 mt, and 23 mt, respectively, for a 

total halibut mortality of 2,589 mt.

Halibut bycatch restrictions 

constrained trawl gear fisheries 

seasonally during the 2004 fishing year. 

Trawling closed during the fourth 

season for the shallow-water complex 

on September 10 (69 FR 55783, 

September 16, 2004, 2003); trawling 

closed during the first season for the 

deep-water fishery complex on March 

19 (69 FR 12980, March 19, 2004), 

during the second season on April 26 

(69 FR 23450, April 29, 2004), during 

the third and fourth seasons on July 25 

(69 FR 44973, July 28, 2004), and during 

the fifth season for all trawling for the 

remainder of the year on October 1 (69 

FR 57655, September 27, 2004). The use 

of hook-and-line for groundfish, other 

than DSR and sablefish, closed during 

the third season for the remainder of the 

year on October 2 (69 FR 59835, October 

6, 2004).

The amount of groundfish that trawl 

gear might have harvested if halibut 

catch limitations had not restricted the 

season in 2004 is unknown.

Expected Changes in Groundfish Stocks

Proposed 2005 and 2006 ABCs for 

arrowtooth flounder are higher than 

those established for 2004. The Council 

adopted lower 2005 and 2006 ABCs for 

Pacific cod, flathead sole, sablefish, 

northern rockfish, and Pacific ocean 

perch. For the remaining targets the 

Council recommended that ABC levels 

remain unchanged from 2004. More 

information on these changes is 

included in the final SAFE report 

(November 2003) and in the Council 

and SSC October 2004 meeting minutes.

Expected Changes in Groundfish Catch

The total TAC amounts for the GOA 

are 264,265 mt for 2005, and 253,867 mt 

for 2006, a decrease of about 3 percent 

in 2005 and about 7 percent in 2006 

from the 2004 TAC total of 271,776 mt. 

Those fisheries for which the 2005 and 

2006 TACs are lower than those in 2004 

are Pacific cod (decreased to 45,046 mt 

in 2005 and 36,977 mt in 2006 from 

48,003 mt in 2004), flathead sole 

(decreased to 10,382 mt in 2005 and 

10,212 mt in 2006 from 10,880 mt in 

2004), sablefish (decreased to 13,392 mt 

in 2005 and 12,428 mt in 2006 from 

16,550 mt in 2004), northern rockfish 

(decreased to 4,600 mt in 2005 and 

4,270 mt in 2006 from 4,870 mt in 

2004), Pacific ocean perch (decreased to 

13,100 mt in 2005 and 12,730 mt in 

2006 from 13,340 mt in 2004), and 

‘‘other species’’ (decreased to 12,584 mt 

in 2005 and 12,089 mt in 2006 from 

12,942 mt in 2004).

Current Estimates of Halibut Biomass 

and Stock Condition

The most recent halibut stock 

assessment was conducted by the 

International Pacific Halibut 

Commission (IPHC) in December 2003. 

The halibut resource is considered to be 

healthy, with total catch near record 

levels. The current exploitable halibut 

biomass in Alaska for 2004 was 

estimated to be 215,912 mt.

The exploitable biomass of the Pacific 

halibut stock apparently peaked at 

326,520 mt in 1988. According to the 

IPHC, the long-term average 

reproductive biomass for the Pacific 

halibut resource was estimated at 

118,000 mt. Long-term average yield 

was estimated at 26,980 mt, round 

weight. The species is fully utilized. 

Recent average catches (1994–2003) in 

the commercial halibut fisheries in 

Alaska have averaged 34,100 mt, round 

weight. This catch in Alaska is 26 

percent higher than long-term potential 

yield for the entire halibut stock, which 

reflects the good condition of the Pacific 

halibut resource. In January 2004, the 

IPHC recommended commercial catch 

limits totaling 37,029 mt (round weight 

equivalents) for Alaska in 2004. 

Through December 31, 2003, 

commercial hook-and line harvests of 

halibut in Alaska totaled 37,723 mt 

(round weight equivalents).

The December 2003 assessment of the 

halibut stock contains a number of 

major changes including the adoption of 

length-specific in place of age-specific 

selectivities, separate accounting of 

females and males, allowance for the 

bias and variance of age readings, and, 

for the first time, analytical rather than 

survey-based estimates of abundance in 

Areas 3B, 4A, and 4B. Estimates of 

average recruitment (1974–2004) in 

Areas 2C and 3A are higher than those 

last year by 20 to 50 percent, but 

estimates of exploitable biomass in 

those areas are lower because they are 

computed with an updated set of lengthspecific commercial selectivities that 

accurately represent the lower size at 

age and the presence of a large number 

of small males. While the trajectory of 

the halibut stock biomass is downward, 

the biomass is still above the long-term 

average level and is expected to remain 

above this level for the next several 

years.

The 2004 catch limits are based on the 

Commission’s existing Constant 

Exploitation Yield harvest policy. Over 

the coming year, IPHC staff will 

continue to investigate a new harvest 

policy, the Conditional Constant Catch 

(CCC) policy, which may result in 

greater stability in the yield from the 

fishery and insulate the process of 

setting catch limits from technological 

changes in the assessment.

Additional information on the Pacific 

halibut stock assessment and the CCC 

harvest policy may be found in the 

IPHC’s 2003 Pacific halibut stock 

assessment (December 2003), available 

from the IPHC and on its website at 

www.iphc.washington.edu. The IPHC 

will consider the 2004 Pacific halibut 

assessment for 2005 at its January 2005 

annual meeting when it sets the 2005 

commercial halibut fishery quotas.

Other Factors

The allowable commercial catch of 

halibut will be adjusted to account for 

the overall halibut PSC mortality limit 

established for groundfish fisheries. The 

2005 and 2006 groundfish fisheries are 

expected to use the entire proposed 

annual halibut PSC limit of 2,300 mt. 

The allowable directed commercial 

catch is determined by accounting for 

the recreational and subsistence catch, 

waste, and bycatch mortality and then 

providing the remainder to the directed 

fishery. Groundfish fishing is not 

expected to adversely affect the halibut 

stocks. Methods available for reducing 

halibut bycatch include (1) publication 

of individual vessel bycatch rates on the 

NMFS Alaska Region website at 

www.fakr.noaa.gov; (2) modifications to 

gear, (3) changes in groundfish fishing 

seasons, (4) individual transferable 

quota programs, and (5) time/area 

closures.

Reductions in groundfish TAC 

amounts provide no incentive for 

fishermen to reduce bycatch rates. Costs 

that would be imposed on fishermen as 

a result of reducing TAC amounts 

depend on the species and amounts of 

groundfish foregone.

In § 679.2, the definition of 

Authorized fishing gear, paragraph 12, 

specifies requirements for biodegradable 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70619

panels and tunnel openings for 

groundfish pots to reduce halibut 

bycatch. As a result, low bycatch and 

mortality rates of halibut in pot fisheries 

have justified exempting pot gear from 

PSC limits.

The regulations also define ‘‘Pelagic 

trawl gear’’ in a manner intended to 

reduce bycatch of halibut by displacing 

fishing effort off the bottom of the sea 

floor when certain halibut bycatch 

levels are reached during the fishing 

year. The definition provides standards 

for physical conformation (§ 679.2, see 

‘‘Authorized fishing gear,’’ paragraph 

11) and performance of the trawl gear in 

terms of crab bycatch (§ 679.7(a)(14)). 

Furthermore, all hook-and-line vessel 

operators are required to employ careful 

release measures when handling halibut 

bycatch (§ 679.7(a)(13)). These measures 

are intended to reduce handling 

mortality, thereby lowering overall 

halibut bycatch mortality in the 

groundfish fisheries, and to increase the 

amount of groundfish harvested under 

the available halibut mortality bycatch 

limits.

NMFS and the Council will review 

the methods available for reducing 

halibut bycatch listed here to determine 

their effectiveness and will initiate 

changes, as necessary, in response to 

this review or to public testimony and 

comment.

Halibut Discard Mortality Rates

The Council recommends and NMFS 

concurs that the recommended halibut 

discard mortality rates (DMRs) 

developed by the staff of the IPHC for 

the 2004 GOA groundfish fisheries be 

used to monitor halibut bycatch 

mortality limits established for the 2005 

and 2006 GOA groundfish fisheries. The 

IPHC recommended the use of long-term 

average DMRs for the 2004–2006 

groundfish fisheries. The IPHC 

recommendation also includes a 

provision that DMRs could be revised 

should analysis indicate that a fishery’s 

annual DMR deviates substantially (up 

or down) from the long-term average. 

Most of the IPHC’s analysis assumed 

DMRs were based on an average of 

mortality rates determined from NMFS 

observer data collected between 1993 

and 2002. DMRs were lacking for some 

fisheries; in those instances rates from 

the most recent years were used. For the 

‘‘other species’’ and skate fisheries, 

where insufficient mortality data are 

available, the mortality rate of halibut 

caught in the Pacific cod fishery for that 

gear type was recommended as a default 

rate. The DMRs proposed for 2005 and 

2006 are unchanged from those used in 

2004 in the GOA. The DMRs for hookand-line targeted fisheries range from 8 

to 13 percent. The DMRs for trawl 

targeted fisheries range from 57 to 75 

percent. The DMRs for all pot targeted 

fisheries are 17 percent. The proposed 

DMRs for 2005 and 2006 are listed in 

Table 10. The justification for these 

DMRs is discussed in Appendix B to the 

final SAFE report dated November 2003.

TABLE 10—PROPOSED 2005 AND

2006 HALIBUT DISCARD MORTALITY

RATES FOR VESSELS FISHING IN THE

GULF OF ALASKA. 

(Listed values are percent of halibut bycatch 

assumed to be dead.) 

Gear Target Mortality 

Rate 

Hook-andlineOther species13

Skates 13

Pacific cod 13

Rockfish 8

Trawl Arrowtooth 

flounder

69

Atka mackerel60

Deep-water 

flatfish

57

Flathead 

sole

62

Nonpelagic 

pollock

59

Other species61

Skates 61

Pacific cod 61

Pelagic pollock75

Rex sole 62

Rockfish 67

Sablefish 62

Shallowwater flatfish68

Pot Other species17

TABLE 10—PROPOSED 2005 AND

2006 HALIBUT DISCARD MORTALITY

RATES FOR VESSELS FISHING IN THE

GULF OF ALASKA.—Continued

(Listed values are percent of halibut bycatch 

assumed to be dead.) 

Gear Target Mortality 

Rate 

Skates 17

Pacific cod 17

Non-exempt American Fisheries Act 

(AFA) Catcher Vessel Groundfish 

Harvest and PSC Limitations

Regulations at § 679.64 established 

groundfish harvesting and processing 

sideboard limitations on AFA catcher/

processors and catcher vessels in the 

GOA. These sideboard limitations are 

necessary to protect the interests of 

fishermen and processors who have not 

directly benefited from the AFA from 

fishermen and processors who have 

received exclusive harvesting and 

processing privileges under the AFA. 

Under the AFA regulations at § 679.4 

(l)(2)(i), listed AFA catcher/processors 

are prohibited from fishing for any 

species of fish (see § 679.7(k)(1)(ii)) and 

from processing any groundfish 

harvested in Statistical Area 630 of the 

GOA (see § 679.7(k)(1)(iv)). The Council 

recommended that certain AFA catcher 

vessels in the GOA be exempt from 

groundfish harvest limitations. The AFA 

regulations exempt AFA catcher vessels 

in the GOA less than 125 ft (38.1 m) 

LOA whose annual BSAI pollock 

landings totaled less than 5,100 mt and 

that made 40 or more GOA groundfish 

landings from 1995 through 1997 (see 

§ 679.64(b)(2)(ii)).

For non-exempt AFA catcher vessels 

in the GOA, sideboards limitations are 

based on their traditional harvest levels 

of TAC in groundfish fisheries covered 

by the GOA FMP. The AFA regulations 

base the groundfish sideboard 

limitations in the GOA on the retained 

catch by non-exempt AFA catcher 

vessels of each sideboard species from 

1995 through 1997 divided by the TAC 

for that species over the same period 

(§ 679.64(b)(3)(iii)). These amounts are 

listed in Table 11 for 2005 and in Table 

12 for 2006. All harvests of sideboard 

species made by non-exempt AFA 

catcher vessels, whether as targeted 

catch or as incidental catch, will be 

deducted from the sideboard limits in 

Tables 11 and 12.

70620 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

TABLE 11—PROPOSED 2005 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH

HARVEST SIDEBOARD LIMITATIONS. 

(Values are in metric tons) 

Species Apportionments and allocations by area/

season/processor/gear 

Ratio of 1995–1997 non-exempt AFA CV catch to 

1995–1997 TAC 

2005 TAC 2005 non-exempt AFA catcher vessel sideboard 

Pollock A Season (W/C areas only) 

January 20 - February 25

Shumagin (610) 0.6112 3,747 2,290

Chirikof (620) 0.1427 9,027 1,288

Kodiak (630) 0.2438 3,091 754

B Season (W/C areas only) 

March 10 - May 31

Shumagin (610) 0.6112 3,748 2,291

Chirikof (620) 0.1427 10,704 1,527

Kodiak (630) 0.2438 1,413 344

C Season (W/C areas only) 

August 25 - September 15

Shumagin (610) 0.6112 7,717 4,717

Chirikof (620) 0.1427 3,380 482

Kodiak (630) 0.2438 4,768 1,162

D Season (W/C areas only) 

October 1 - November 1

Shumagin (610) 0.6112 7,717 3,362

Chirikof (620) 0.1427 3,379 383

Kodiak (630) 0.2438 4,768 1,162

Annual

WYK (640) 0.3499 1,280 448

SEO (650) 0.3499 6,520 2,281

Pacific cod A Season1

January 1 - June 10

W inshore 0.1423 8,588 1,222

W offshore 0.1026 954 98

C inshore 0.0722 13,733 992

C offshore 0.0721 1,526 110

B Season2

September 1 - December 31

W inshore 0.1423 5,726 815

W offshore 0.1026 636 65

C inshore 0.0722 9,156 661

C offshore 0.0721 1,071 77

Annual

E inshore 0.0079 3,340 26

E offshore 0.0078 371 3

Flatfish deepwaterW 0.0000 310 0

C 0.0670 2,970 199

E 0.0171 2,790 48

Rex sole W 0.0010 1,680 2

C 0.0402 7,340 295

E 0.0153 3,630 56

Flathead sole W 0.0036 2,000 7

C 0.0261 5,000 131

E 0.0048 3,382 16

Flatfish shallow-waterW 0.0156 4,500 70

C 0.0598 13,000 777

E 0.0126 3,240 41

Arrowtooth 

flounder

W 0.0021 8,000 17

C 0.0309 25,000 773

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70621

TABLE 11—PROPOSED 2005 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH

HARVEST SIDEBOARD LIMITATIONS.—Continued

(Values are in metric tons) 

Species Apportionments and allocations by area/

season/processor/gear 

Ratio of 1995–1997 non-exempt AFA CV catch to 

1995–1997 TAC 

2005 TAC 2005 non-exempt AFA catcher vessel sideboard 

E 0.0020 5,000 10

Sablefish W trawl gear 0.0000 482 0

C trawl gear 0.0720 1,178 85

E trawl gear 0.0488 254 12

Pacific ocean 

perch

W 0.0623 2,489 155

C 0.0866 8,253 715

E 0.0466 2,358 110

Shortraker/

Rougheye

W 0.0000 254 0

C 0.0237 656 16

E 0.0124 408 5

Other rockfish W 0.0034 40 0

C 0.2065 300 62

E 0.0000 330 0

Northern rockfishW 0.0003 730 0

C 0.0336 3,870 130

Pelagic shelf 

rockfish

W 0.0001 370 0

C 0.0000 3,010 0

E 0.0067 1,090 7

Thornyhead 

rockfish

W 0.0308 410 13

C 0.0308 1,010 31

E 0.0308 520 16

Big and 

Longnose 

skates

C 0.0090 3,284 30

Other skates GW 0.0090 3,709 33

Demersal shelf 

rockfish

SEO 0.0020 450 1

Atka mackerel Gulfwide 0.0309 600 19

Other species Gulfwide 0.0090 12,584 113

1 The Pacific cod A season for trawl gear does not open until January 20.

2 The Pacific cod B season for trawl gear closes November 1.

TABLE 12—PROPOSED 2006 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH

HARVEST SIDEBOARD LIMITATIONS. 

(Values are in metric tons) 

Species Apportionments and allocations by area/

season/processor/gear 

Ratio of 1995–1997 nonexempt AFA CV catch to 

1995–1997 TAC 

2006 TAC 2006 non-exempt AFA 

catcher vessel sideboard 

Pollock A Season (W/C areas only) 

January 20 - February 25

Shumagin (610) 0.6112 3,747 2,290

Chirikof (620) 0.1427 9,027 1,288

Kodiak (630) 0.2438 3,091 754

B Season (W/C areas only) 

March 10 - May 31

Shumagin (610) 0.6112 3,748 2,291

Chirikof (620) 0.1427 10,704 1,527

70622 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

TABLE 12—PROPOSED 2006 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH

HARVEST SIDEBOARD LIMITATIONS.—Continued

(Values are in metric tons) 

Species Apportionments and allocations by area/

season/processor/gear 

Ratio of 1995–1997 nonexempt AFA CV catch to 

1995–1997 TAC 

2006 TAC 2006 non-exempt AFA 

catcher vessel sideboard 

Kodiak (630) 0.2438 1,413 344

C Season (W/C areas only) 

August 25 - September 15

Shumagin (610) 0.6112 7,717 4,717

Chirikof (620) 0.1427 3,380 482

Kodiak (630) 0.2438 4,768 1,162

D Season (W/C areas only) 

October 1 - November 1

Shumagin (610) 0.6112 7,717 3,362

Chirikof (620) 0.1427 3,379 383

Kodiak (630) 0.2438 4,768 1,162

Annual

WYK (640) 0.3499 1,280 448

SEO (650) 0.3499 6,520 2,281

Pacific cod A Season1

January 1 - June 10

W inshore 0.1423 7,292 1,038

W offshore 0.1026 810 83

C inshore 0.0722 11,273 814

C offshore 0.0721 1,253 90

B Season2

September 1 - December 31

W inshore 0.1423 4,457 634

W offshore 0.1026 495 51

C inshore 0.0722 7,516 543

C offshore 0.0721 835 60

Annual

E inshore 0.0079 2,741 22

E offshore 0.0078 305 2

Flatfish deepwaterW 0.0000 310 0

C 0.0670 2,970 199

E 0.0171 2,790 48

Rex sole W 0.0010 1,680 2

C 0.0402 7,340 295

E 0.0153 3,630 56

Flathead sole W 0.0036 2,000 7

C 0.0261 5,000 131

E 0.0048 3,212 15

Flatfish shallowwaterW 0.0156 4,500 70

C 0.0598 13,000 777

E 0.0126 3,240 41

Arrowtooth flounderW 0.0021 8,000 17

C 0.0309 25,000 773

E 0.0020 5,000 10

Sablefish W trawl gear 0.0000 447 0

C trawl gear 0.0720 1,094 79

E trawl gear 0.0488 236 12

Pacific ocean 

perch

W 0.0623 2,419 151

C 0.0866 8,020 695

E 0.0466 2,291 107

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70623

TABLE 12—PROPOSED 2006 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH

HARVEST SIDEBOARD LIMITATIONS.—Continued

(Values are in metric tons) 

Species Apportionments and allocations by area/

season/processor/gear 

Ratio of 1995–1997 nonexempt AFA CV catch to 

1995–1997 TAC 

2006 TAC 2006 non-exempt AFA 

catcher vessel sideboard 

Shortraker/

Rougheye

W 0.0000 254 0

C 0.0237 656 16

E 0.0124 408 5

Other rockfish W 0.0034 40 0

C 0.2065 300 62

E 0.0000 330 0

Northern rockfish W 0.0003 678 0

C 0.0336 3,592 121

Pelagic shelf rockfishW 0.0001 370 0

C 0.0000 3,010 0

E 0.0067 1,090 7

Thornyhead rockfishW 0.0308 410 13

C 0.0308 1,010 31

E 0.0308 520 16

Big and Longnose 

skates

C 0.0090 3,284 30

Other skates GW 0.0090 3,709 33

Demersal shelf 

rockfish

SEO 0.0020 450 1

Atka mackerel Gulfwide 0.0309 600 19

Other species Gulfwide 0.0090 12,089 109

1The Pacific cod A season for trawl gear does not open until January 20.

2The Pacific cod B season for trawl gear closes November 1.

PSC sideboard limitations for nonexempt AFA catcher vessels in the GOA 

are based on the ratio of aggregate 

retained groundfish catch by nonexempt 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 (see § 679.64(b)(4)). These 

amounts are shown in Table 13.

TABLE 13—PROPOSED 2005 AND 2006 NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES

CATCH (PSC) LIMITS FOR THE GOA. 

(Values are in metric tons) 

PSC species Season Target fishery 

Ratio of 1995–1997 

non-exempt AFA CV 

retained catch to total 

retained catch 

2005 and 

2006 PSC 

limit 

2005 and 2006 nonexempt AFA catcher 

vessel PSC limit 

Halibut (mortality in mt)Trawl 1st seasonal allowance 

January 20 - April 1

shallow water targets 

deep water targets

0.340

0.070

450

100

153

7

Trawl 2nd seasonal allowance 

April 1 - July 1

shallow water targets 

deep water targets

0.340

0.070

100

300

34

21

Trawl 3rd seasonal allowance 

July 1 - September 1

shallow water targets 

deep water targets

0.340

0.070

200

400

68

28

70624 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

TABLE 13—PROPOSED 2005 AND 2006 NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES

CATCH (PSC) LIMITS FOR THE GOA.—Continued

(Values are in metric tons) 

PSC species Season Target fishery 

Ratio of 1995–1997 

non-exempt AFA CV 

retained catch to total 

retained catch 

2005 and 

2006 PSC 

limit 

2005 and 2006 nonexempt AFA catcher 

vessel PSC limit 

Trawl 4th seasonal allowance 

September 1 - October 1

shallow water targets 

deep water targets

0.340

0.070

150

0

51

0

Trawl 5th seasonal allowance 

October 1 - December 31

all targets 0.205 300 61

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.

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). A copy of the 

IRFA is available from NMFS (see 

ADDRESSES). 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 GOA. This action is 

necessary to allow fishing in 2005 and 

2006. About 807 small catcher vessels 

and 23 small catcher/processors may be 

directly 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 

sablefish, Pacific cod, northern rockfish, 

and Pacific ocean perch in the GOA.

The largest adverse impacts were 

imposed on vessel harvesting sablefish 

and Pacific cod in the GOA. The 

sablefish impacts would affect 443 small 

catcher vessels and catcher-processors, 

with average gross revenues of 

$291,000, and decrease their gross 

revenues by a maximum of 10 percent. 

The Pacific cod impacts would affect 

464 catcher vessels and catcherprocessors, with average gross revenues 

of $273,000, and decrease their gross 

revenues by a maximum of 8 percent. 

Smaller impacts would be felt in other 

sectors. In the GOA, 31 northern 

rockfish catcher vessels and catcherprocessors, with average gross revenues 

of $823,000, would have gross revenue 

reductions of a maximum of 2.4 percent, 

while 41 Pacific ocean perch catcher 

vessels and catcher-processors, with 

average gross revenues of $735,000, 

would have gross revenue reductions of 

a maximum of 2 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,1⁄2 maxFABC, 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 

impact on small entities than the 

preferred alternative. This alternative is 

associated with larger gross revenues for 

the GOA fisheries. Many of the vessels 

identified above would share in these 

gross revenues. However, the maxFABC

is to a fishing rate which may, and often 

does, exceed biologically recommended 

ABCs. For the pollock, deep-water, 

flatfish, rex sole, sablefish, Pacific 

Ocean perch, shortraker and rougheye 

rockfish, northern rockfish, pelagic shelf 

rockfish, thornyhead rockfish, demersal 

shelf rockfish, and Atka mackerel 

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 Pacific cod, flathead sole, shallowwater flatfish, arrowtooth founder, and 

other rockfish, when combined with the 

State of Alaska guideline harvest levels 

for these fisheries, 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 scientifically determined ABC.

This action is authorized under 

§ 679.20 and is exempt from review 

under Executive Order 12866.

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; and Pub L. 106 554, Sec. 209.

Dated: December 1, 2004.

William T. Hogarth,

Assistant Administrator for Fisheries, 

National Marine Fisheries Service.

[FR Doc. 04–26832 Filed 12–6–04; 8:45 am]

BILLING CODE 3510–22–S