[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Proposed Rules]
[Pages 76372-76392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30692]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No.: 101126521-0521-02]
RIN 0648-XZ90


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; Proposed 2011 and 2012 Harvest Specifications for 
Groundfish

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes 2011 and 2012 harvest specifications and 
prohibited species catch (PSC) allowances for the groundfish fisheries 
of the Bering Sea and Aleutian Islands (BSAI) management area. This 
action is necessary to establish harvest limits for groundfish during 
the 2011 and 2012 fishing years, and to accomplish the goals and 
objectives of the Fishery Management Plan for Groundfish of the Bering 
Sea and Aleutian Islands Management Area. The intended effect of this 
action is to conserve and manage the groundfish resources in the BSAI 
in accordance with the Magnuson-Stevens Fishery Conservation and 
Management Act.

DATES: Comments must be received by January 7, 2011.

ADDRESSES: Send comment to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XZ90, by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the

[[Page 76373]]

Federal eRulemaking Portal at http://www.regulations.gov.
    <bullet> Mail: P.O. Box 21668, Juneau, AK 99802.
    <bullet> Fax: (907) 586-7557.
    <bullet> Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record. No comments 
will be posted to http://www.regulations.gov for public viewing until 
after the comment period has closed. Comments will generally be posted 
without change. All Personal Identifying Information (for example, 
name, address) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Electronic copies of the Alaska Groundfish Harvest Specifications 
Final Environmental Impact Statement (Final EIS), the Initial 
Regulatory Flexibility Analysis (IRFA), and the Supplemental IRFA 
prepared for this action may be obtained from http://www.regulations.gov or from the Alaska Region Web site at http://alaskafisheries.noaa.gov. Copies of the final 2009 Stock Assessment and 
Fishery Evaluation (SAFE) report for the groundfish resources of the 
Bering Sea and Aleutian Islands, dated November 2009, are available 
from the North Pacific Fishery Management Council (Council) at 605 West 
4th Avenue, Suite 306, Anchorage, AK 99510-2252, phone 907-271-2809, or 
from the Council's Web site at http://alaskafisheries.noaa.gov/npfmc. 
The 2010 SAFE report for the BSAI will be available from the same 
sources in mid-November 2010.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 
implement the Fishery Management Plan for Groundfish of the Bering Sea 
and Aleutian Islands Management Area (FMP) and govern the groundfish 
fisheries in the BSAI. The Council prepared the FMP and NMFS approved 
it under the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). General regulations governing U.S. fisheries 
also appear at 50 CFR part 600.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species category, the sum of which must be 
within the optimum yield range of 1.4 million to 2.0 million metric 
tons (mt) (see Sec.  679.20(a)(1)(i)). Section 679.20(c)(1) further 
requires NMFS to publish proposed harvest specifications in the Federal 
Register and solicit public comments on proposed annual TACs and 
apportionments thereof, prohibited species catch (PSC) allowances, 
prohibited species quota (PSQ) reserves established by Sec.  679.21, 
seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC, 
American Fisheries Act allocations, Amendment 80 allocations, and 
Community Development Quota (CDQ) reserve amounts established by Sec.  
679.20(b)(1)(ii). The proposed harvest specifications set forth in 
Tables 1 through 12 of this action satisfy these requirements.
    Under Sec.  679.20(c)(3), NMFS will publish the final harvest 
specifications for 2011 and 2012 after (1) considering comments 
received within the comment period (see DATES), (2) consulting with the 
Council at its December 2010 meeting, and (3) considering new 
information presented in the final 2010 SAFE reports prepared for the 
2011 and 2012 groundfish fisheries.

Other Actions Potentially Affecting the 2011 and 2012 Harvest 
Specifications

    NMFS published a final rule to implement Amendments 95 and 96 to 
the FMP on October 6, 2010 (75 FR 61639), effective November 5, 2010. 
Amendments 95 and 96 move sculpins, skates, sharks, and octopuses from 
the ``other species'' category to the ``target species'' category in 
the BSAI and eliminate the ``other species'' category in the FMP. 
Amendment 96 revises the FMP to meet the National Standard 1 guidelines 
for annual catch limits and accountability measures, and requires that 
overfishing levels (OFLs), acceptable biological catches (ABCs), and 
TACs be established for sculpins, skates, sharks, and octopuses as part 
of the annual groundfish harvest specifications process. Based on the 
2009 SAFE report NMFS proposes ABCs, TACs, and OFLs for sculpins, 
skates, sharks, and octopuses listed in Table 1. At the November 2010 
BSAI Groundfish Plan Team (Plan Team) meeting, the Plan Team 
recommended that the SSC and Council adopt OFLs for octopuses and 
sharks based upon the maximum catch from 1997 through 2007. This 
alternative method of calculating OFLs varies from the default method 
specified in the BSAI FMP for Tier 6 species (section 3.2.4). If 
approved, the alternative method of calculating OFL may result in 
higher harvest specification limits for sharks and octopuses.
    Amendment 96 to the FMP is necessary to comply with Magnuson-
Stevens Act requirements associated with annual catch limits and 
accountability measures, and revises how total annual groundfish 
mortality is estimated and accounted for in the annual SAFE reports. 
These revisions affect the OFLs and ABCs for certain groundfish 
species. Specifically, NMFS will attempt to identify additional sources 
of mortality to groundfish stocks not currently reported or considered 
by the groundfish stock assessments in recommending OFLs, ABCs, and 
TACs for certain groundfish species. These additional sources of 
mortality result from recreational fishing, subsistence fishing, trawl 
and hook-and-line surveys, exempted fishing permits, research, 
commercial halibut fisheries, crab bait, sablefish catch predation by 
whales or other sources of mortality not yet identified. Many of the 
sources of this mortality have been identified, some of which are 
currently unreported.
    NMFS intends to develop a single database that stock assessment 
authors can access through a single source such as the Alaska Fisheries 
Information Network. The development of this database will require the 
cooperation of several agencies, including NMFS, the Alaska Department 
of Fish and Game, and the International Pacific Halibut Commission 
(IPHC). At its October 2010 meeting, the Council's groundfish Plan 
Teams recommended the formation of a total catch accounting working 
group to assist NMFS in developing a methodology to estimate total 
catch of groundfish. While much of the information is currently 
available and will be incorporated into the final 2010 SAFE reports, 
the development of an adequate methodology is ongoing and not fully 
ready for use in the final SAFE reports. NMFS intends to have the 
information available for the assessment cycle in the fall of 2011.
    At the October 2010 meeting, the Council and the Scientific and 
Statistical Committee (SSC) recommended separating Kamchatka flounder 
from the arrowtooth flounder complex starting in the year 2011. As a 
result, arrowtooth flounder and Kamchatka flounder will have separate 
OFLs, ABCs, and TACs for 2011 and 2012. Section 305(i)(1)(1)(B)(ii)(II) 
of the MSA addresses allocations to the CDQ Program. It requires ``the 
allocation under the program in any directed fishery of the Bering Sea 
and Aleutian

[[Page 76374]]

Islands (other than a fishery for halibut, sablefish, pollock and crab) 
established after the date of enactment of this subclause shall be a 
total allocation (directed and nontarget combined) of 10.7 percent.'' 
This requirement was added to the MSA through the Coast Guard and 
Maritime Transportation Act of 2006 (Public Law 109-241), which was 
signed by the President on July 11, 2006. Therefore, the creation of a 
new TAC category for Kamchatka flounder in 2011 would require NMFS to 
determine if an allocation of 10.7 percent of the Kamchatka flounder 
TAC should be made to the CDQ Program. NMFS requests public comment on 
the following proposal to allocate 10.7 percent of the Kamchatka 
flounder TAC to the CDQ Program.
    In the final 2007 and 2008 harvest specifications for groundfish of 
the BSAI (72 FR 9451, March 2, 2007), NMFS explained the determination 
that the term ``directed fishery'' for purposes of section 305(i)(1) of 
the MSA means a fishery for which sufficient TAC exists to open a 
directed fishery for that species or species group, and the species or 
species group is economically valuable enough for the CDQ groups to 
target them. For Kamchatka flounder sufficient TAC exists to open a 
directed fishery for this species, the species is economically 
valuable, directed fishing for Kamchatka flounder has been conducted in 
the past, vessel harvesting groundfish on behalf of the CDQ groups have 
retained catch reported under the combined species code for arrowtooth 
flounder and Kamchatka flounder, observers onboard these vessels have 
reported the retention of Kamchatka flounder, and NMFS expects that 
vessel operators in the non-CDQ fisheries will conduct directed fishing 
for Kamchatka flounder in the future. NMFS does not have sufficient 
information at this time to determine if Kamchatka flounder is 
economically valuable enough to the CDQ groups for them to target on 
them or conduct directed fisheries for them in the future. Therefore, 
based on the information available at this time, NMFS initially 
proposes that Kamchatka flounder may meet the definition for a 
``directed fishery'' under section 305(i)(1) and proposes to allocate 
10.7 percent of the Kamchatka flounder TAC to the CDQ Program.
    NMFS requests comment about the economic value of Kamchatka 
flounder and whether the CDQ groups intend to conduct directed fishing 
for Kamchatka flounder in the future. For the final 2011 and 2012 
groundfish harvest specifications for the BSAI NMFS will consider 
additional information provided about the proposed allocation of 
Kamchatka flounder to the CDQ Program. Specifically, if NMFS receives 
information that none of the CDQ groups intend to conduct directed 
fishing for Kamchatka flounder, then NMFS would not allocate 10.7 
percent of the Kamchatka flounder TAC to the CDQ Program. However, if 
any one of the six CDQ groups intends to conduct directed fishing for 
Kamchatka flounder, or if NMFS does not receive information that 
demonstrates unanimity among the CDQ groups about the economic value of 
Kamchatka flounder to the CDQ groups, NMFS would allocate 10.7 percent 
of the TAC to the CDQ Program.
    If an allocation of Kamchatka flounder is made to the CDQ Program 
in the final 2011 and 2012 groundfish harvest specifications for the 
BSAI, this CDQ reserve will be allocated among the CDQ groups using the 
same percentage allocations currently used to allocate the arrowtooth 
flounder complex among the CDQ groups. These percentage allocations are 
shown in Table 1 of a notice published in the Federal Register on 
August 31, 2006 (71 FR 51804). The current percentage allocations of 
arrowtooth flounder among the CDQ groups would be used to allocate 
Kamchatka flounder among the CDQ groups because the new TAC category is 
being created by splitting Kamchatka flounder from the arrowtooth 
flounder complex.
    The SSC and the Council also recommended splitting the BSAI 
rougheye/blackspotted rockfish complex ABC and TAC between the Bering 
Sea subarea and the Aleutian Island subarea. At the November 2010 
meeting, the Plan Team recommended splitting the BSAI rougheye/
blackspotted rockfish complex ABC and TAC into two areas, with the 
first area being the Central Aleutian Islands and Western Aleutian 
Islands subareas and the second area being the Eastern Aleutian Island 
and Bering Sea subareas. The Council could choose either or none of 
these proposals at its December 2010 meeting.
    NMFS published a final rule to implement Amendment 91 to the FMP on 
August 30, 2010 (75 FR 53026), effective September 29, 2010. Amendment 
91 is a change in management of Chinook salmon bycatch in the Bering 
Sea pollock fishery that combines a limit on the amount of Chinook 
salmon that may be caught incidentally with incentive plan agreements 
and performance standards. The final rule also removes from regulations 
the 29,000 Chinook salmon PSC limit in the Bering Sea, the Chinook 
Salmon Savings Areas in the Bering Sea, exemption from Chinook Salmon 
Savings Area closures for participants in the voluntary rolling hotspot 
system (VRHS) intercooperative agreement, and Chinook salmon as a 
component of the VRHS intercooperative agreement. The final rule does 
not change any regulations affecting the management of Chinook salmon 
in the Aleutian Islands or non-Chinook salmon in the BSAI. The Council 
is currently considering a separate action to modify the non-Chinook 
salmon management measures to minimize non-Chinook salmon bycatch.
    In 2010, NMFS completed a Section 7 formal consultation on the 
effects of the authorization of the Alaska groundfish fisheries on 
Endangered Species Act listed species under NMFS jurisdiction. The 
consultation resulted in a biological opinion that determined that the 
effects of the Alaska groundfish fisheries were likely to result in the 
jeopardy of extinction and adverse modification of designated critical 
habitat for the western distinct population segment of Steller sea 
lions. The biological opinion contained a reasonable and prudent 
alternative that requires changes to the BSAI Atka mackerel and 
Aleutian Islands subarea Pacific cod fisheries to prevent the 
likelihood of jeopardy of extinction or adverse modification of 
critical habitat for Steller sea lions. A separate rulemaking for 
implementation of the reasonable and prudent alternative is scheduled 
to be effective by January 1, 2011. Changes to the harvest 
specifications for Atka mackerel and Pacific cod that would be required 
by the rule implementing the reasonable and prudent alternative are 
described in the section for each of these target species and will 
revise these proposed harvest specifications for Atka mackerel and 
Pacific cod listed in Tables 1, 3, 4, 9, and 11.

Proposed ABC and TAC Harvest Specifications

    The amounts proposed for the 2011 and 2012 harvest specifications 
are based on the 2009 SAFE report and are subject to change in the 
final harvest specifications to be published by NMFS following the 
Council's December 2010 meeting. At that meeting the Council will 
consider information contained in the final 2010 SAFE report, 
recommendations from the Plan Team meeting, the December 2010 
Scientific and Statistical Committee (SSC), the Advisory Panel (AP) 
meetings, and public testimony in making its recommendations for the 
final 2011 and 2012 harvest specifications.
    At the October 2010 Council meeting, the Council, the Scientific 
and Statistical Committee (SSC), and the Advisory Panel (AP) reviewed 
most

[[Page 76375]]

recent biological and harvest information about the condition of 
groundfish stocks in the BSAI. This information was initially compiled 
by the Plan Team and presented in the final 2009 SAFE report for the 
BSAI groundfish fisheries, dated November 2009 (see ADDRESSES). In 
November 2010, the Plan Team updated the 2009 SAFE report to include 
new information collected during 2010, such as revised stock 
assessments and catch data. The Plan Team compiled this information and 
produced the 2010 SAFE report. The Council will review the 2010 SAFE 
report during the December 2010 Council meeting. At that meeting, the 
Council will consider information contained in the 2010 SAFE report, 
recommendations made by the Plan Team during its November 2010 meeting, 
the December 2010 SSC and AP meetings, public testimony, and relevant 
written public comments in making its recommendations for the final 
2011 and 2012 harvest specifications.
    In previous years the largest changes from the proposed to the 
final harvest specifications have been based on the most recent NMFS 
surveys, which provide updated estimates of stock biomass and spatial 
distribution, and changes to the models used in the stock assessments. 
Any new models were presented at the September Plan Team meeting and 
reviewed by the SSC at the October 2010 Council meeting. In November 
2010, the Plan Team will consider updated stock assessments for 
pollock, Pacific cod, yellowfin sole, rock sole, Kamchatka flounder, 
sharks, squid, sculpins, and octopus to be included in the final 2010 
SAFE report. For the other groundfish stocks, the assessments will be 
updated to include the most recent information, such as 2010 catch. The 
final harvest specification amounts for these stocks are not expected 
to vary greatly from the proposed specification amounts published here.
    If the final 2010 SAFE report indicates that the stock biomass 
trend is increasing for a species, then the final 2011 and 2012 harvest 
specifications may reflect that increase from the proposed harvest 
specifications. This currently is applicable to the following species: 
pollock, Pacific cod, sablefish, Atka mackerel, yellowfin sole, 
flathead sole, Pacific ocean perch, northern rockfish, shortraker 
rockfish, other rockfish, octopus, sculpins, and skates. Conversely, if 
the final 2010 SAFE report indicates that the stock biomass trend is 
decreasing for a species, then the final 2011 and 2012 harvest 
specifications may reflect a decrease from the proposed harvest 
specifications. This is applicable to the following species: arrowtooth 
flounder, Greenland turbot, rock sole, Alaska plaice, other flatfish, 
and rougheye rockfish. The biomass trends for sharks and squid are 
relatively level and stable. For Alaska plaice, natural mortality has 
been re-estimated and this will likely result in a far smaller OFL and 
ABC.
    The proposed ABCs and TACs are based on the best available 
biological and socioeconomic data, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
methods used to calculate stock biomass. The FMP specifies the 
formulas, or tiers, to be used to compute OFLs and ABCs. The formulas 
applicable to a particular stock or stock complex are determined by the 
level of reliable information available to fisheries scientists. This 
information is categorized into a successive series of six tiers to 
define OFL and ABC amounts, with tier one representing the highest 
level of information quality available and tier six representing the 
lowest level of information quality available.
    In October 2010, the SSC adopted the proposed 2011 and 2012 OFLs 
and ABCs recommended by the Plan Team for all groundfish species. The 
Council adopted the SSC's OFL and ABC recommendations and the AP's TAC 
recommendations. These amounts are unchanged from the final 2011 
harvest specifications published in the Federal Register on March 12, 
2010 (75 FR 11778). The exceptions to this are the establishment of 
individual ABC and TAC amounts for sculpins, sharks, squid, and 
octopuses per the Secretary's approval of Amendments 95 and 96 to the 
FMP and separating Kamchatka flounder from the arrowtooth flounder 
complex, as previously described. For 2011 and 2012, the Council 
recommended and NMFS proposes the OFLs, ABCs, and TACs listed in Table 
1. The proposed ABCs reflect harvest amounts that are less than the 
specified overfishing amounts. The sum of the proposed 2011 and 2012 
ABCs for all assessed groundfish is 2,467,266 mt, which is higher than 
the final 2010 ABC total of 2,121,880 mt (75 FR 11778, March 12, 2010).

Specification and Apportionment of TAC Amounts

    The Council recommended proposed TACs for 2011 and 2012 that are 
equal to proposed ABCs for sablefish, Atka mackerel, yellowfin sole, 
Greenland turbot, Kamchatka flounder, ``other flatfish,'' Pacific ocean 
perch, northern rockfish, shortraker rockfish, rougheye rockfish, other 
rockfish, squid, sharks, skates, sculpins, and octopus. The Council 
recommended proposed TACs for 2011 and 2012 that are less than the 
proposed ABCs for pollock, Pacific cod, rock sole, arrowtooth flounder, 
flathead sole, and Alaska plaice.
    The proposed Bering Sea pollock TAC was reduced from the ABC to 
accommodate fishing under a potential Exempted Fisheries Permit (EFP). 
The Council likely will reconsider this reduction at its December 2010 
meeting, given uncertainty of the deployment of the EFP and the fact 
that any pollock mortality that occurs under an approved EFP would be 
considered in the subsequent year's stock assessment as contemplated 
under Amendment 96 to the FMP.
    Section 679.20(a)(5)(iii)(B)(1) requires the Aleutian Islands 
pollock TAC to be set at 19,000 mt when the Aleutian Islands pollock 
ABC equals or exceeds 19,000 mt. The Bogoslof pollock TAC is set to 
accommodate incidental catch amounts. The Pacific cod TAC is set to 
accommodate the State of Alaska's (State) Aleutian Islands Pacific cod 
guideline harvest level fishery so that the ABC is not exceeded. The 
Alaska plaice, arrowtooth flounder, flathead sole, rock sole, and 
sculpin TACs are set so that the sum of the overall TAC does not exceed 
the BSAI optimum yield.
    The proposed groundfish OFLs, ABCs and TACs are subject to change 
pending the completion of the 2010 SAFE report and the Council's 
recommendations for final 2011 and 2012 harvest specifications during 
its December 2010 meeting. These amounts are consistent with the 
biological condition of groundfish stocks as described in the 2009 SAFE 
report, and adjusted for other biological and socioeconomic 
considerations. Table 1 lists the proposed 2011 and 2012 OFL, ABC, TAC, 
initial TAC (ITAC), and CDQ amounts for groundfish for the BSAI. The 
proposed apportionment of TAC amounts among fisheries and seasons is 
discussed below.

[[Page 76376]]



  Table 1--Proposed 2011 and 2012 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ
                                                     Reserve Allocation of Groundfish in the BSAI\1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Proposed 2011 and 2012
                         Species                               Area      -------------------------------------------------------------------------------
                                                                                OFL             ABC             TAC          ITAC \2\        CDQ 3 4 5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock.................................................         2011 BS       1,220,000       1,110,000       1,107,000         996,300         110,700
                                                                 2012 BS       1,220,000       1,110,000       1,105,000         994,500         110,500
                                                                      AI          39,100          32,200          19,000          17,100           1,900
                                                                Bogoslof          22,000             156              75              10  ..............
Pacific cod \4\.........................................            BSAI         251,000         214,000         207,580         185,369          22,211
Sablefish \5\...........................................              BS           2,970           2,500           2,500           1,063              94
                                                                      AI           2,200           1,860           1,860             434              38
Atka mackerel...........................................            BSAI          76,200          65,000          65,000          58,045           6,955
                                                                  EAI/BS  ..............          20,900          20,900          18,664           2,236
                                                                     CAI  ..............          26,000          26,000          23,218           2,782
                                                                     WAI  ..............          18,100          18,100          16,163           1,937
Yellowfin sole..........................................            BSAI         227,000         213,000         213,000         190,209          22,791
Rock sole \6\...........................................            BSAI         245,000         242,000          90,000          80,370           9,630
Greenland turbot........................................            BSAI           6,860           5,370           5,370           4,565             n/a
                                                                      BS  ..............           3,700           3,700           3,145             396
                                                                      AI  ..............           1,670           1,670           1,420  ..............
Arrowtooth flounder.....................................            BSAI         167,400         139,300          60,000          51,000           6,420
Kamchatka flounder......................................            BSAI          23,600          17,700          17,700          15,045           1,894
Flathead sole \7\.......................................            BSAI          81,800          68,100          60,000          53,580           6,420
Other flatfish \8\......................................            BSAI          23,000          17,300          17,300          14,705  ..............
Alaska plaice...........................................            BSAI         314,000         248,000          40,000          34,000  ..............
Pacific ocean perch.....................................            BSAI          22,200          18,680          18,680          16,518             n/a
                                                                      BS  ..............           3,790           3,790           3,222  ..............
                                                                     EAI  ..............           4,180           4,180           3,733             447
                                                                     CAI  ..............           4,230           4,230           3,777             453
                                                                     WAI  ..............           6,480           6,480           5,787             693
Northern rockfish.......................................            BSAI           8,700           7,290           7,290           6,197  ..............
Shortraker rockfish.....................................            BSAI             516             387             387             329  ..............
Rougheye rockfish \9\...................................            BSAI             650             531             531             451  ..............
                                                                      BS  ..............              42              42              36  ..............
                                                                      AI  ..............             489             489             416  ..............
Other rockfish \10\.....................................            BSAI           1,380           1,040           1,040             884  ..............
                                                                      BS  ..............             485             485             412  ..............
                                                                      AI  ..............             555             555             472  ..............
Squid...................................................            BSAI           2,620           1,970           1,970           1,675  ..............
Sharks..................................................            BSAI             598             449             449             382  ..............
Skates..................................................            BSAI          35,900          30,000          30,000          25,500  ..............
Sculpins................................................            BSAI          51,300          30,200          30,035          25,530  ..............
Octopus.................................................            BSAI             311             233             233             198  ..............
                                                                         -------------------------------------------------------------------------------
    2011 Total..........................................  ..............       2,826,305       2,467,266       1,997,000       1,779,457         189,148
                                                                         -------------------------------------------------------------------------------
    2012 Total..........................................  ..............       2,826,305       2,467,266       1,995,000       1,779,457         189,148
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These 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.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species, 15 percent of each TAC is
  put into a reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves.
\3\ Under Sec.   679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10
  percent) and second for the incidental catch allowance (4 percent), is further allocated by sector for a directed pollock fishery as follows: inshore--
  50 percent; catcher/processor--40 percent; and motherships--10 percent. Under Sec.   679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian Islands
  subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (1,600
  mt), is allocated to the Aleut Corporation for a directed pollock fishery.
\4\ The Pacific cod TAC is reduced by three percent from the ABC to account for the State guideline harvest level in State waters of the Aleutian
  Islands subarea.
\5\ For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 10.7
  percent of the TAC is reserved for use by CDQ participants (see Sec.  Sec.   679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC
  allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
  Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec.   679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland
  turbot, ``other flatfish'', Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, ``other
  rockfish'', squids, octopuses, skates, sculpins, and sharks are not allocated to the CDQ program.
\6\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\7\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\8\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot,
  Kamchatka flounder, rock sole, and yellowfin sole.
\9\ ``Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\10\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.


[[Page 76377]]

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

    Section 679.20(b)(1)(i) requires the placement of 15 percent of the 
TAC for each target species category, except for pollock, the hook-and-
line and pot gear allocation of sablefish, and the Amendment 80 
species, in a non-specified reserve. Section 679.20(b)(1)(ii)(B) 
requires that 20 percent of the hook-and-line and pot gear allocation 
of sablefish be allocated to the fixed gear sablefish CDQ reserve. 
Section 679.20(b)(1)(ii)(D) requires that 7.5 percent of the trawl gear 
allocations of sablefish--and 10.7 percent of Bering Sea Greenland 
turbot, Kamchatka flounder, and arrowtooth flounder--be allocated to 
the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that 
10.7 percent of the TACs for Atka mackerel, Aleutian Islands Pacific 
ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod 
be allocated to the CDQ reserves. Sections 679.20(a)(5)(i)(A) and 
679.31(a) also require the allocation of 10 percent of the BSAI pollock 
TACs to the pollock CDQ directed fishing allowance (DFA). The entire 
Bogoslof District pollock TAC is allocated as an ICA (see Sec.  
679.20(a)(5)(ii)). With the exception of the hook-and-line and pot gear 
sablefish CDQ reserve, the regulations do not further apportion the CDQ 
reserves by gear. Sections 679.30 and 679.31 set forth regulations 
governing the management of the CDQ reserves.
    Pursuant to Sec.  679.20(a)(5)(i)(A)(1), NMFS proposes a pollock 
ICA of 4 percent of the Bering Sea subarea pollock TAC after 
subtraction of the 10 percent CDQ reserve. This allowance is based on 
NMFS' examination of the pollock incidental catch, including the 
incidental catch by CDQ vessels, in target fisheries other than pollock 
from 1999 through 2010. During this 12-year period, the pollock 
incidental catch ranged from a low of 2.4 percent in 2006 to a high of 
5 percent in 1999, with a 12-year average of 3.3 percent. Pursuant to 
Sec.  679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA 
of 1,600 mt for the AI subarea after subtraction of the 10 percent CDQ 
DFA. This allowance is based on NMFS' examination of the pollock 
incidental catch, including the incidental catch by CDQ vessels, in 
target fisheries other than pollock from 2003 through 2010. During this 
8-year period, the incidental catch of pollock ranged from a low of 5 
percent in 2006 to a high of 10 percent in 2003, with an 8-year average 
of 7 percent.
    Pursuant to Sec.  679.20(a)(8) and (10), NMFS proposes ICAs of 
5,000 mt of flathead sole, 10,000 mt of rock sole, 2,000 mt of 
yellowfin sole, 10 mt of Western Aleutian District Pacific ocean perch, 
75 mt of Central Aleutian District Pacific ocean perch, 100 mt of 
Eastern Aleutian District Pacific ocean perch, 40 mt for Western 
Aleutian District Atka mackerel, 75 mt for Central Aleutian District 
Atka mackerel, and 75 mt of Eastern Aleutian District and Bering Sea 
subarea Atka mackerel after subtraction of the 10.7 percent CDQ 
reserve. These allowances are based on NMFS' examination of the average 
incidental catch in other target fisheries from recent years.
    The regulations do not designate the remainder of the non-specified 
reserve by species or species group. Any amount of the reserve may be 
apportioned to a target species that contributed to the non-specified 
reserve, provided that such apportionments do not result in overfishing 
(see Sec.  679.20(b)(1)(i)).

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

    Section 679.20(a)(5)(i)(A) requires that the pollock TAC 
apportioned to the Bering Sea subarea, after subtraction of 10 percent 
for the CDQ program and 4 percent for the ICA, be allocated as a DFA as 
follows: 50 percent to the inshore sector, 40 percent to the catcher/
processor sector, and 10 percent to the mothership sector. In the 
Bering Sea subarea, 40 percent of the DFA is allocated to the A season 
(January 20 to June 10) and 60 percent of the DFA is allocated to the B 
season (June 10 to November 1) (Sec.  679.20(a)(5)(i)(B)). The AI 
directed pollock fishery allocation to the Aleut Corporation is the 
amount of pollock remaining in the AI subarea after subtracting 1,900 
mt for the CDQ DFA (10 percent) and 1,600 mt for the ICA (Sec.  
679.20(a)(5)(iii)(B)(2)(ii)). In the AI subarea, 40 percent of the ABC 
is allocated to the A season and the remainder of the directed pollock 
fishery is allocated to the B season. Table 2 lists these proposed 2011 
and 2012 amounts.
    Section 679.20(a)(5)(i)(A)(4) also includes several specific 
requirements regarding Bering Sea subarea pollock allocations. First, 
8.5 percent of the pollock allocated to the catcher/processor sector 
will be available for harvest by AFA catcher vessels with catcher/
processor sector endorsements, unless the Regional Administrator 
receives a cooperative contract that provides for the distribution of 
harvest among AFA catcher/processors and AFA catcher vessels in a 
manner agreed to by all members. Second, AFA catcher/processors not 
listed in the AFA are limited to harvesting not more than 0.5 percent 
of the pollock allocated to the catcher/processor sector. Tables 2a and 
2b list the proposed 2011 and 2012 allocations of pollock TAC. Tables 9 
through 12 list the AFA catcher/processor and catcher vessel harvesting 
sideboard limits. In past years, the proposed harvest specifications 
included text and tables describing pollock allocations to the Bering 
Sea subarea inshore pollock cooperatives and open access sector. These 
allocations are based on the submission of AFA inshore cooperative 
applications due to NMFS on December 1 of each calendar year. Because 
AFA inshore cooperative applications for 2011 have not been submitted 
to NMFS, thereby preventing NMFS from calculating 2011 allocations, 
NMFS has not included inshore cooperative text and tables in these 
proposed harvest specifications. NMFS will post 2011 AFA inshore 
cooperative allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov when they become available in December 2010.
    Table 2 also lists proposed seasonal apportionments of pollock and 
harvest limits within the Steller Sea Lion Conservation Area (SCA). The 
harvest of pollock within the SCA, as defined at Sec.  
679.22(a)(7)(vii), is limited to 28 percent of the DFA until April 1 
(Sec.  679.20(a)(5)(i)(C)). The remaining 12 percent of the 40 percent 
annual DFA allocated to the A season may be taken outside the SCA 
before April 1 or inside the SCA after April 1. If less than 28 percent 
of the annual DFA is 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. Tables 2a 
and 2b list these proposed 2011 and 2012 amounts by sector.

[[Page 76378]]



  Table 2a--Proposed 2011 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                           2011 A season           2011 B season
                                                       2011      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC..........................       1,107,000             N/A             N/A             N/A
CDQ DFA.........................................         110,700          44,280          30,996          66,420
ICA \1\.........................................          39,852             N/A             N/A             N/A
AFA Inshore.....................................         478,224         191,290         133,903         286,934
AFA Catcher/Processors \3\......................         382,579         153,032         107,122         229,548
    Catch by C/Ps...............................         350,060         140,024             N/A         210,036
    Catch by C/Vs \3\...........................          32,519          13,008             N/A          19,512
        Unlisted C/P Limit \4\..................           1,913             765             N/A           1,148
AFA Motherships.................................          95,645          38,258          26,781          57,387
Excessive Harvesting Limit \5\..................         167,378             N/A             N/A             N/A
Excessive Processing Limit \6\..................         286,934             N/A             N/A             N/A
Total Bering Sea DFA (non-CDQ)..................         956,448         382,579         267,805         573,869
Aleutian Islands subarea\1\.....................          19,000             N/A             N/A             N/A
CDQ DFA.........................................           1,900             760             N/A           1,140
ICA.............................................           1,600             800             N/A             800
Aleut Corporation...............................          15,500          10,600             N/A           4,900
Bogoslof District ICA \7\.......................              10             N/A             N/A             N/A
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtraction for the
  CDQ DFA (10 percent) and the ICA (3.5 percent), is allocated as a DFA as follows: inshore sector 50 percent,
  catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea subarea, 40 percent
  of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B
  season (June 10-November 1). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock
  TAC, after subtracting first for the CDQ DFA (10 percent) and second the ICA (1,600 mt), is allocated to the
  Aleut Corporation for a directed pollock fishery. 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.
\2\ In 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
  the 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.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
  processors (C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed
  catcher/processors.
\4\ Pursuant to Sec.   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/processor sector's allocation of pollock.
\5\ Pursuant to Sec.   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 not including CDQ.
\6\ Pursuant to Sec.   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 not including CDQ.
\7\ The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the
  final 2011 and 2012 harvest specifications for the BSAI. The amounts specified are for incidental catch only
  and are not apportioned by season or sector.


  Table 2b--Proposed 2012 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                           2012 A season              2012 B
                                                       2012      --------------------------------    season\1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC..........................       1,105,000             N/A             N/A             N/A
CDQ DFA.........................................         110,500          44,200          30,940          66,300
ICA \1\.........................................          39,780             N/A             N/A             N/A
AFA Inshore.....................................         477,360         190,944         133,661         286,416
AFA Catcher/Processors\3\.......................         381,888         152,755         106,929         229,133
    Catch by C/Ps...............................         349,428         139,771             N/A         209,657
    Catch by C/Vs\3\............................          32,460          12,984             N/A          19,476
        Unlisted C/P Limit \4\..................           1,909             764             N/A           1,146
AFA Motherships.................................          95,472          38,189          26,732          57,283
Excessive Harvesting Limit \5\..................         167,076             N/A             N/A             N/A
Excessive Processing Limit \6\..................         286,416             N/A             N/A             N/A
                                                 ---------------------------------------------------------------
            Total Bering Sea DFA (non-CDQ)......         954,720         381,888         267,322         572,832
Aleutian Islands subarea \1\....................          19,000             N/A             N/A             N/A
CDQ DFA.........................................           1,900             760             N/A           1,140
ICA.............................................           1,600             800             N/A             800
Aleut Corporation...............................          15,500          10,600             N/A           4,900

[[Page 76379]]

 
Bogoslof District ICA \7\.......................              10             N/A             N/A             N/A
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtraction for the
  CDQ DFA (10 percent) and the ICA (3.5 percent), is allocated as a DFA as follows: Inshore sector 50 percent,
  catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea subarea, 40 percent
  of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B
  season (June 10-November 1). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after
  subtracting first for the CDQ DFA (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut
  Corporation for a directed pollock fishery. 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.
\2\ In 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
  the 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.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
  processors (C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed
  catcher/processors.
\4\Pursuant to Sec.   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.
\5\ Pursuant to Sec.   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 not including CDQ.
\6\ Pursuant to Sec.   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 not including CDQ.
\7\ The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the
  final 2011 and 2012 harvest specifications for the BSAI. The amounts specified are for incidental catch only
  and are not apportioned by season or sector.

Allocation of the Atka Mackerel TACs

    The proposed harvest specifications for Atka mackerel reflect the 
current regulatory provisions for temporal and spatial distribution of 
Atka mackerel harvest in the BSAI. However, as mentioned above, these 
provisions are subject to change by separate rulemaking prior to 
January 1, 2011, based on the reasonable and prudent alternative 
selected in the 2010 Alaska groundfish fisheries biological opinion.
    Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs to the 
Amendment 80 and BSAI trawl limited access sectors, after subtraction 
of the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl 
limited access sector and non-trawl gear. Table 3 lists these proposed 
2011 and 2012 amounts.
    The allocation of the ITAC for Atka mackerel to the Amendment 80 
and BSAI trawl limited access sectors is established in Table 33 to 
part 679 and in Sec.  679.91. Two Amendment 80 cooperatives have formed 
for the 2011 fishing year. Because all Amendment 80 vessels are part of 
a cooperative, no allocation to the Amendment 80 limited access sector 
is required. NMFS will post 2011 Amendment 80 cooperative allocations 
on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior 
to the start of the fishing year on January 1, 2011, based on the 
harvest specifications effective on that date.
    The 2012 allocations for Amendment 80 species between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until November 1, 2011, which is the deadline for eligible 
participants to apply for participation in the Amendment 80 program. 
Amendment 80 applications for 2012 have not yet been submitted to NMFS, 
thereby preventing NMFS from calculating 2012 allocations. Thus, NMFS 
has not included 2012 allocations to the Amendment 80 cooperatives or 
Amendment 80 limited access sector in these proposed harvest 
specifications. NMFS will post 2012 Amendment 80 cooperatives and 
Amendment 80 limited access allocations on the Alaska Region Web site 
at http://alaskafisheries.noaa.gov when they become available in 
December 2012.
    Pursuant to Sec.  679.20(a)(8)(i), up to 2 percent of the Eastern 
Aleutian District and Bering Sea subarea Atka mackerel ITAC may be 
allocated to jig gear. The 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 a 0.5 percent allocation of the Atka 
mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea 
to jig gear in 2011 and 2012. This percentage is applied after 
subtractions of the CDQ reserve and the ICA.
    Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into 
two equal seasonal allowances. The first seasonal 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). The jig gear 
allocation is not apportioned by season.
    Pursuant to Sec.  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.
    NMFS will establish HLA limits for the CDQ reserve and each of the 
three non-CDQ fishery categories: the BSAI trawl limited access sector, 
the Amendment 80 limited access fishery, and an aggregate HLA limit 
applicable to all Amendment 80 cooperatives. NMFS will assign vessels 
in each of the three non-CDQ fishery categories that apply to fish for 
Atka mackerel in the HLA to an HLA fishery based on a random lottery of 
the vessels that apply (see Sec.  679.20(a)(8)(iii)(B)(1)). There is no 
allocation of Atka mackerel to the BSAI trawl limited access sector in 
the Western Aleutian District. Therefore, no vessels in the BSAI trawl 
limited access sector will be assigned to the Western Aleutian District 
HLA fishery.
    Each trawl sector will have a separate lottery. A maximum of two 
HLA fisheries will be established in Area 542 for the BSAI trawl 
limited access sector. A maximum of four HLA fisheries will be 
established for vessels assigned to Amendment 80 cooperatives: A first 
and second HLA fishery in Area 542, and a first and second HLA fishery 
in Area 543. A maximum of four HLA fisheries will be established for 
vessels assigned to the Amendment 80 limited access fishery: A first 
and second HLA fishery in Area 542, and a first and second HLA

[[Page 76380]]

fishery in Area 543. NMFS will initially open fishing for the first HLA 
fishery in all three fishery categories at the same time. The initial 
opening of fishing in the HLA will be based on the first directed 
fishing closure of Atka mackerel for the Eastern Aleutian District and 
Bering Sea subarea allocation for any one of the three non-CDQ fishery 
categories allocated Atka mackerel TAC.

 Table 3--Proposed 2011 and 2012 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and Amendment 80 Allocations of
                                                               the BSAI Atka Mackerel TAC
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      2011 allocation by area                         2012 allocation by area
                                                         -----------------------------------------------------------------------------------------------
                                                              Eastern                                         Eastern
            Sector \1\                  Season 2 3 4         Aleutian         Central         Western        Aleutian         Central         Western
                                                             District/       Aleutian        Aleutian        District/       Aleutian        Aleutian
                                                            Bering Sea       District        District       Bering Sea       District        District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..............................  n/a..................          20,900          26,000          18,100          20,900          26,000          18,100
CDQ reserve......................  Total................           2,236           2,782           1,937           2,236           2,782           1,937
                                   HLA \5\..............             n/a           1,669           1,162             n/a           1,669           1,162
ICA..............................  Total................              75              75              40              75              75              40
Jig\6\...........................  Total................              93               0               0              93               0               0
BSAI trawl limited access........  Total................           1,480           1,851               0           1,850           2,314               0
                                   A....................             740             926               0             925           1,157               0
                                   HLA..................             n/a             555               0             n/a             694               0
                                   B....................             740             926               0             925           1,157               0
                                   HLA..................             n/a             555               0             n/a             694               0
Amendment 80--Alaska Seafood       Total................           7,988           8,478           6,182             n/a             n/a             n/a
 Cooperative.
                                   A....................           3,994           4,239           3,091             n/a             n/a             n/a
                                   HLA..................             n/a           2,544           1,855             n/a             n/a             n/a
                                   B....................           3,994           4,239           3,091             n/a             n/a             n/a
                                   HLA..................             n/a           2,544           1,855             n/a             n/a             n/a
Amendment 80--Alaska Groundfish    Total................           9,028          12,813           9,941             n/a             n/a             n/a
 Cooperative.
                                   A....................           4,514           6,407           4,971             n/a             n/a             n/a
                                   HLA..................             n/a           3,844           2,982             n/a             n/a             n/a
                                   B....................           4,514           6,407           4,971             n/a             n/a             n/a
                                   HLA..................             n/a           3,844           2,982             n/a             n/a             n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, ICAs, and the jig gear allocation, to the
  Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access
  sectors is established in Table 33 to part 679 and in Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
  Sec.   679.20(b)(1)(ii)(C) and 679.31).
\2\ Regulations at Sec.  Sec.   679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ The A season is January 1 (January 20 for trawl gear) to April 15, and the B season is September 1 to November 1. These allowances are subject to
  change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
\5\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec.   679.2). In
  2010 and 2011, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts. These HLA
  limits are subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea subarea TAC be allocated to jig gear after
  subtraction of the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.

Allocation of the Pacific Cod TAC

    The proposed harvest specifications for Pacific cod reflect the 
current regulatory provisions for temporal and spatial distribution of 
Pacific cod harvest in the Aleutian Islands subarea. However, as 
mentioned above, these provisions are subject to changes by separate 
rulemaking prior to January 1, 2011, based on the reasonable and 
prudent alternative selected in the 2010 Alaska groundfish fisheries 
biological opinion.
    Sections 679.20(a)(7)(i) and (ii) allocates the Pacific cod TAC in 
the BSAI, after subtraction of 10.7 percent for the CDQ program, as 
follows: 1.4 percent to vessels using jig gear, 2.0 percent to hook-
and-line and pot catcher vessels less than 60 ft (18.3 m) length 
overall (LOA), 0.2 percent to hook-and-line catcher vessels greater 
than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line 
catcher/processors, 8.4 percent to pot catcher vessels greater than or 
equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/processors, 2.3 
percent to AFA trawl catcher/processors, 13.4 percent to non-AFA trawl 
catcher/processors, and 22.1 percent to trawl catcher vessels. The ICA 
for the hook-and-line and pot sectors will be deducted from the 
aggregate portion of Pacific cod TAC allocated to the hook-and-line and 
pot sectors. For 2011 and 2012, the Regional Administrator proposes an 
ICA of 500 mt based on anticipated incidental catch in these fisheries.
    The allocation of the ITAC for Pacific cod to the Amendment 80 
sector is established in Table 33 to part 679 and Sec.  679.91. Two 
Amendment 80 cooperatives have formed for the 2011 fishing year. 
Because all Amendment 80 vessels are part of a cooperative, no 
allocation to the Amendment 80 limited access sector is required. NMFS 
will post 2011 Amendment 80 cooperative allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2011, based on the harvest 
specifications effective on that date.
    The 2012 allocations for Amendment 80 species between Amendment 80

[[Page 76381]]

cooperatives and the Amendment 80 limited access sector will not be 
known until November 1, 2011, which is the deadline for eligible 
participants to apply for participation in the Amendment 80 program. 
Amendment 80 applications for 2012 have not yet been submitted to NMFS, 
thereby preventing NMFS from calculating 2012 allocations. Thus, NMFS 
has not included 2012 allocations to the Amendment 80 cooperatives or 
Amendment 80 limited access sector in these proposed harvest 
specifications. NMFS will post 2012 Amendment 80 cooperatives and 
Amendment 80 limited access allocations on the Alaska Region Web site 
at http://alaskafisheries.noaa.gov when they become available in 
December 2012.
    The Pacific cod ITAC is apportioned into seasonal allowances to 
disperse the Pacific cod fisheries over the fishing year (see 
Sec. Sec.  679.20(a)(7) and 679.23(e)(5)). In accordance with Sec.  
679.20(a)(7)(iv)(B) and (C), any unused portion of a seasonal Pacific 
cod allowance will become available at the beginning of the next 
seasonal allowance.
    The CDQ and non-CDQ season allowances by gear based on the proposed 
2011 and 2012 Pacific cod TACs are listed in Table 4 based on the 
sector allocation percentages of Pacific cod set forth at Sec. Sec.  
679.20(a)(7)(i)(B) and 679.20(a)(7)(iv)(A); and the seasonal allowances 
of Pacific cod set forth at Sec.  679.23(e)(5).

                             Table 4--Proposed 2011 and 2012 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            2011 and 2012   2011 and 2012               2011 and 2012 seasonal apportionment
               Gear sector                     Percent      share of gear     share of    --------------------------------------------------------------
                                                            sector total    sector total                       Season                         Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total TAC................................             100         207,580             n/a  n/a..........................................             n/a
CDQ......................................            10.7          22,211             n/a  See Sec.   679.20(a)(7)(i)(B)................             n/a
Total hook-and-line/pot gear.............            60.8         112,704             n/a  n/a..........................................             n/a
Hook-and-line/pot ICA \1\................             n/a             n/a             500  n/a..........................................             n/a
Hook-and-line/pot sub-total..............             n/a         112,204             n/a  n/a..........................................             n/a
Hook-and-line catcher/processors.........            48.7             n/a          89,874  Jan 1-Jun 10.................................          45,836
                                                                                           Jun 10-Dec 31................................          44,038
Hook-and-line catcher vessels <ls-thn-eq>             0.2             n/a             369  Jan 1-Jun 10.................................             188
 60 ft LOA.                                                                                Jun 10-Dec 31................................             181
Pot catcher/processors...................             1.5             n/a           2,768  Jan 1-Jun 10.................................           1,412
                                                                                           Sept 1-Dec 31................................           1,356
Pot catcher vessels <ls-thn-eq>= 60 ft                8.4             n/a          15,502  Jan 1-Jun 10.................................           7,906
 LOA.                                                                                      Sept 1-Dec 31................................           7,596
Catcher vessels < 60 ft LOA using hook-                 2             n/a           3,691  n/a..........................................             n/a
 and-line or pot gear.
Trawl catcher vessels....................            22.1          40,967             n/a  Jan 20-Apr 1.................................          30,315
                                                                                           Apr 1-Jun 10.................................           4,506
                                                                                           Jun 10-Nov 1.................................           6,145
AFA trawl catcher processors.............             2.3           4,263             n/a  Jan 20-Apr 1.................................           3,198
                                                                                           Apr 1-Jun 10.................................           1,066
                                                                                           Jun 10-Nov 1.................................               0
Amendment 80.............................            13.4          24,839             n/a  Jan 20-Apr 1.................................          18,630
                                                                                           Apr 1-Jun 10.................................           6,210
                                                                                           Jun 10-Nov 1.................................               0
Amendment 80--Alaska Groundfish                       n/a           4,625             n/a  Jan 20-Apr 1.................................           3,469
 Cooperative for 2011 \2\.                                                                 Apr 1-Jun 10.................................           1,156
                                                                                           Jun 10-Nov 1.................................               0
Amendment 80--Alaska Seafood Cooperative              n/a          20,214             n/a  Jan 20-Apr 1.................................          15,161
 for 2011 \2\.                                                                             Apr 1-Jun 10.................................           5,054
                                                                                           Jun 10-Nov 1.................................               0
Jig......................................             1.4           2,595             n/a  Jan 1-Apr 30.................................           1,557
                                                                                           Apr 30-Aug 31................................             519
                                                                                           Aug 31-Dec 31................................             519
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot
  sectors. The Regional Administrator proposes an ICA of 500 mt for 2011 and 2012 based on anticipated incidental catch in these fisheries.
\2\ The 2012 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
  November 1, 2011, the deadline for eligible participants to apply for participation in the Amendment 80 program.

Sablefish Gear Allocation

    Sections 679.20(a)(4)(iii) and (iv) require the allocation of 
sablefish TACs for the Bering Sea and AI subareas between trawl gear 
and hook-and-line or pot gear. Gear allocations of the TACs for the 
Bering Sea subarea are 50 percent for trawl gear and 50 percent for 
hook-and-line or pot gear. Gear allocations for the AI subarea are 25 
percent for trawl gear and 75 percent for hook-and-line or pot gear. 
Section 679.20(b)(1)(ii)(B) requires apportionment of 20 percent of the 
hook-and-line and pot gear allocation of sablefish to the CDQ reserve. 
Additionally, Sec.  679.20(b)(1)(ii)(D) requires apportionment of 7.5 
percent of the trawl gear allocation of sablefish to the CDQ reserve. 
The Council recommended that only trawl sablefish TAC be established 
biennially. The harvest specifications for the hook-and-line gear and 
pot gear sablefish Individual Fishing Quota (IFQ) fisheries will be 
limited to the 2011 fishing year to ensure those fisheries are 
conducted concurrently with the halibut IFQ fishery. Concurrent 
sablefish and halibut IFQ fisheries would reduce the potential for 
discards of halibut and sablefish in those fisheries. The

[[Page 76382]]

sablefish IFQ fisheries would remain closed at the beginning of each 
fishing year until the final harvest specifications for the sablefish 
IFQ fisheries are in effect. Table 5 lists the proposed 2011 and 2012 
gear allocations of the sablefish TAC and CDQ reserve amounts.

                                   Table 5--Proposed 2011 and 2012 Gear Shares and CDQ Reserve Sablefish Tacs of BSAI
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           2011 Share of                     2011 CDQ      2012 Share of                     2012 CDQ
              Subarea gear                Percent of TAC        TAC        2011 ITAC\1\       reserve           TAC          2012 ITAC        reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea
    Trawl...............................              50           1,250           1,063              94           1,250           1,063              94
    Hook-and-line gear \2\..............              50           1,250             n/a             250             n/a             n/a             n/a
                                         ---------------------------------------------------------------------------------------------------------------
        Total...........................             100           2,500           1,063             344           2,500           1,063              94
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands
    Trawl...............................              25             510             434              38             510             434              38
    Hook-and-line gear \2\..............              75           1,530             n/a             306             n/a             n/a             n/a
                                         ---------------------------------------------------------------------------------------------------------------
        Total...........................             100           2,040             434             344           2,040             434              38
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except 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.
\2\ For 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. Section 679.20(b)(1) does not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.

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

    Sections 679.20(a)(10)(i) and (ii) require the allocation between 
the Amendment 80 and BSAI trawl limited access sectors for Aleutian 
Islands Pacific ocean perch, and BSAI flathead sole, rock sole, and 
yellowfin sole TACs, after subtraction of 10.7 percent for the CDQ 
reserve and an ICA for the BSAI trawl limited access sector and vessels 
using non-trawl gear. The allocation of the ITAC for Aleutian Islands 
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin 
sole to the Amendment 80 sector is established in Tables 33 and 34 to 
part 679 and in Sec.  679.91.
    Two Amendment 80 cooperatives have formed for the 2011 fishing 
year. Because all Amendment 80 vessels are part of a cooperative, no 
allocation to the Amendment 80 limited access sector is required. NMFS 
will post 2011 Amendment 80 cooperative allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2011, based on the harvest 
specifications effective on that date.
    The 2012 allocations for Amendment 80 species between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until November 1, 2011, which is the deadline for eligible 
participants to apply for participation in the Amendment 80 program. 
Amendment 80 applications for 2012 have not yet been submitted to NMFS, 
thereby preventing NMFS from calculating 2012 allocations. Thus, NMFS 
has not included 2012 allocations to the Amendment 80 cooperatives or 
Amendment 80 limited access sector in these proposed harvest 
specifications. NMFS will post 2012 Amendment 80 cooperatives and 
Amendment 80 limited access allocations on the Alaska Region Web site 
at http://alaskafisheries.noaa.gov when they become available in 
December 2012.
    Table 6 lists the proposed 2011 and 2012 allocations and seasonal 
apportionments of the Aleutian Islands Pacific ocean perch, and BSAI 
flathead sole, rock sole, and yellowfin sole TACs.

    Table 6--Proposed 2011 and 2012 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the
                            Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             2011 and 2012 allocations
                                                         -----------------------------------------------------------------------------------------------
                                                                        Pacific ocean perch                Flathead sole
                         Sector                          ----------------------------------------------------------------
                                                              Eastern         Central         Western                     Rock sole BSAI  Yellowfin sole
                                                             Aleutian        Aleutian        Aleutian          BSAI                            BSAI
                                                             District        District        District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................           4,180           4,230           6,480          60,000          90,000         213,000
CDQ.....................................................             447             453             693           6,420           9,630          22,791
ICA.....................................................             100              75              10           5,000          10,000           2,000
BSAI trawl limited access...............................             363             370             116               0               0          40,226
Amendment 80............................................           3,270           3,332           5,661          48,580          70,370         147,983
Amendment 80--Alaska Groundfish Cooperative for 2011\1\.           1,734           1,767           3,002           9,487          19,752          62,815

[[Page 76383]]

 
Amendment 80--Alaska Seafood Cooperative for 2011\1\....           1,536           1,565           2,659          39,093          50,618          85,168
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2012 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
  November 1, 2011, the deadline for eligible participants to apply for participation in the Amendment 80 program.

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

    Section 679.21(e) sets forth the BSAI PSC limits. Pursuant to Sec.  
679.21(e)(1)(iv) and (e)(2), the 2011 and 2012 BSAI halibut mortality 
limits are 3,675 mt for trawl fisheries and 900 mt for the non-trawl 
fisheries. Sections 679.21(e)(3)(i)(A)(2) and (e)(4)(i)(A) allocate 326 
mt of the trawl halibut mortality limit and 7.5 percent, or 67 mt, of 
the non-trawl halibut mortality limit as the PSQ reserve for use by the 
groundfish CDQ program. Section 679.21(e)(1)(viii) specifies 700 fish 
as the 2011 and 2012 Chinook salmon PSC limit for the AI subarea 
pollock fishery. Section 679.21(e)(3)(i)(A)(3)(i) allocates 7.5 
percent, or 53 Chinook salmon, as the AI subarea PSQ for the CDQ 
program and allocates the remaining 647 Chinook salmon to the non-CDQ 
fisheries. Section 679.21(e)(1)(vii) specifies 42,000 fish as the 2011 
and 2012 non-Chinook salmon PSC limit. Section 
679.21(e)(3)(i)(A)(3)(ii) allocates 10.7 percent, or 4,494 non-Chinook 
salmon, as the PSQ for the CDQ program and allocates the remaining 
37,506 non-Chinook salmon to the non-CDQ fisheries.
    Amendment 91 (75 FR 53026, August 30, 2010), establishes two 
Chinook salmon PSC limits (60,000 Chinook salmon and 47,591 Chinook 
salmon) for the Bering Sea pollock fishery. For each PSC limit, NMFS 
will issue A season and B season Chinook salmon PSC allocations to the 
catcher/processor sector, the mothership sector, the inshore 
cooperatives, and the CDQ groups. Chinook salmon allocations remaining 
from the A season can be used in the B season. Entities can transfer 
PSC allocations within a season and can also receive transfers of 
Chinook salmon PSC to cover overages.
    NMFS will issue transferable allocations of the 60,000 Chinook 
salmon PSC limit to those sectors that participate in an incentive plan 
agreement (IPA) and remain in compliance with the performance standard. 
Sector and cooperative allocations would be reduced if members of the 
sector or cooperative decided not to participate in an IPA. Vessels and 
CDQ groups that do not participate in an IPA would fish under a 
restricted opt-out allocation of Chinook salmon. If an entire sector 
does not participate in an IPA, all members of that sector would fish 
under the opt-out allocation.
    Each year, each sector will be issued an annual threshold amount 
that represents that sector's portion of 47,591 Chinook salmon. For a 
sector to continue to receive Chinook salmon PSC allocations under the 
60,000 Chinook salmon PSC limit, that sector must not exceed its annual 
threshold amount 3 times within 7 consecutive years. If a sector fails 
this performance standard, it will permanently be allocated a portion 
of the 47,591 Chinook salmon PSC limit. NMFS will issue transferable 
allocations of the 47,591 Chinook salmon PSC limit to all sectors, 
cooperatives, and CDQ groups if no IPA is approved, or to the sectors 
that exceed the performance standard. When a PSC allocation is reached, 
the affected sector, inshore cooperative, or CDQ group would have to 
stop fishing for pollock for the remainder of the season even if its 
pollock allocation had not been fully harvested.
    Each year, NMFS will release to the public and publish on the NMFS 
Alaska Region Web site (http://alaskafisheries.noaa.gov): (A) The 
Chinook salmon PSC allocations for each entity receiving a transferable 
allocation; (B) the non-transferable Chinook salmon PSC allocations; 
(C) the vessels fishing under each transferable or non-transferable 
allocation; (D) the amount of Chinook salmon bycatch that accrues 
towards each transferable or non-transferable allocation; and (E) any 
changes to these allocations due to transfers, rollovers, and 
deductions from the B season non-transferable allocations.
    PSC limits for crab and herring are specified annually based on 
abundance and spawning biomass. Due to the lack of new information as 
of October 2010 regarding red king crab and herring PSC limits and 
apportionments, the Council recommended and NMFS proposes using the 
crab and herring 2011 and 2012 PSC limits and apportionments for the 
proposed 2011 and 2012 limits and apportionments. The Council will 
reconsider these amounts in December 2010. Pursuant to Sec.  
679.21(e)(3)(i)(A)(1), 10.7 percent of each PSC limit specified for 
crab is allocated as a PSQ reserve for use by the groundfish CDQ 
program.
    The red king crab mature female abundance is estimated from the 
2009 survey data at 35 million red king crabs, and the effective 
spawning biomass is estimated at 75 million lb (34,020 mt). Based on 
the criteria set out at Sec.  679.21(e)(1)(i), the proposed 2011 and 
2012 PSC limit of red king crab in Zone 1 for trawl gear is 197,000 
animals. This limit derives from the mature female abundance estimate 
of more than 8.4 million king crab and the effective spawning biomass 
estimate of more than 55 million lbs (24,948 mt).
    Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which 
NMFS must specify an annual red king crab bycatch limit for the Red 
King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS to 
up to 25 percent of the red king crab PSC allowance based on the need 
to optimize the groundfish harvest relative to red king crab bycatch. 
NMFS proposes the Council's recommendation that the red king crab 
bycatch limit be equal to 25 percent of the red king crab PSC allowance 
within the RKCSS (Table 7b). Based on 2010 survey data, Tanner crab 
(Chionoecetes bairdi) abundance is estimated at 379 million animals. 
Given the criteria set out at Sec.  679.21(e)(1)(ii), the calculated 
2011 and 2012 C. bairdi crab PSC limit for trawl gear is 830,000

[[Page 76384]]

animals in Zone 1 and 2,520,000 animals in Zone 2. These limits derive 
from the C. bairdi crab abundance estimate being in excess of the 270 
million animals for the Zone 1 allocation and 290 million animals for 
the Zone 2 allocation, but less than 400 million animals for both zones 
allocations. These limits are specified in Sec.  679.21(e)(1)(ii).
    Pursuant to Sec.  679.21(e)(1)(iii), the PSC limit for snow crab 
(C. opilio) is based on total abundance as indicated by the NMFS annual 
bottom trawl survey. The C. opilio crab PSC limit is set at 0.1133 
percent of the Bering Sea abundance index. Based on the 2010 survey 
estimate of 7.5 billion animals, the calculated limit is 8,460,480 
animals.
    Pursuant to Sec.  679.21(e)(1)(v), the PSC limit of Pacific herring 
caught while conducting any trawl operation for BSAI groundfish is 1 
percent of the annual eastern Bering Sea herring biomass. The best 
estimate of 2011 and 2012 herring biomass is 197,400 mt. This amount 
was derived using 2009 survey data and an age-structured biomass 
projection model developed by the Alaska Department of Fish and Game. 
Therefore, the herring PSC limit proposed for 2011 and 2012 is 1,974 mt 
for all trawl gear as presented in Tables 7a and 7b. Due to the lack of 
new information as of October 2010 regarding herring biomass, the 
Council recommended and NMFS proposes using the 2009 PSC limit for 
herring for the proposed 2011 and 2012 limits and apportionments. The 
Council will reconsider these amounts in December 2010, based on 
recommendations by the Plan Team and the SSC.
    Section 679.21(e)(3)(A) requires PSQ reserves to be subtracted from 
the total trawl PSC limits. The amount of the 2011 PSC limits assigned 
to the Amendment 80 and BSAI trawl limited access sectors are specified 
in Table 35 to part 679. The resulting allocation of PSC to CDQ PSQ, 
the Amendment 80 sector, and the BSAI trawl limited access sector are 
listed in Table 7a. Pursuant to Sec.  679.21(e)(1)(iv) and Sec.  
679.91(d) through (f), crab and halibut trawl PSC assigned to the 
Amendment 80 sector is then further allocated to Amendment 80 
cooperatives as PSC cooperative quota as presented in Table 7d.
    Two Amendment 80 cooperatives have formed for the 2011 fishing 
year. Because all Amendment 80 vessels are part of a cooperative, no 
allocation to the Amendment 80 limited access sector is required. NMFS 
will post 2011 Amendment 80 cooperative allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2011, based on the harvest 
specifications effective on that date.
    The 2012 Amendment 80 allocations between Amendment 80 cooperatives 
and the Amendment 80 limited access sector will not be known until 
November 1, 2011, which is the deadline for eligible participants to 
apply for participation in the Amendment 80 program. Amendment 80 
applications for 2012 have not been submitted to NMFS, thereby 
preventing NMFS from calculating 2012 allocations. Thus, NMFS has not 
included 2012 allocations to the Amendment 80 cooperatives or Amendment 
80 limited access sector in these proposed harvest specifications. NMFS 
will post 2012 Amendment 80 cooperatives and Amendment 80 limited 
access allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov when they become available in December 2012.
    Section 679.21(e)(4)(i) authorizes the apportionment of the non-
trawl halibut PSC limits into PSC bycatch allowances among six fishery 
categories. Table 7c lists the fishery bycatch allowances for the trawl 
and non-trawl fisheries.
    Pursuant to section 3.6 of the FMP, the Council recommends, and 
NMFS agrees, that certain specified non-trawl fisheries be exempt from 
the halibut PSC limit. As in past years after consultation with the 
Council, NMFS exempts pot gear, jig gear, and the sablefish IFQ hook-
and-line gear fishery categories from halibut bycatch restrictions 
because (1) the pot gear fisheries have low halibut bycatch mortality, 
(2) NMFS estimates halibut mortality for the jig gear fleet to be 
negligible because of the small size of the fishery and the selectivity 
of the gear, and (3) the sablefish and halibut IFQ fisheries have low 
halibut bycatch mortality because the IFQ program requires legal-size 
halibut to be retained by vessels using hook-and-line gear if a halibut 
IFQ permit holder or a hired master is aboard and is holding unused 
halibut IFQ (subpart D of 50 CFR part 679). In 2010, total groundfish 
catch for the pot gear fishery in the BSAI was approximately 20,940 mt, 
with an associated halibut bycatch mortality of about 43 mt.
    The 2010 jig gear fishery harvested about 344 mt of groundfish. 
Most vessels in the jig gear fleet are less than 60 ft (18.3 m) LOA and 
thus are exempt from observer coverage requirements. As a result, 
observer data are not available on halibut bycatch in the jig gear 
fishery. However, as mentioned above, NMFS estimates a negligible 
amount of halibut bycatch mortality is assumed because of the selective 
nature of jig gear and the low mortality rate of halibut caught with 
jig gear and released.
    Section 679.21(e)(5) authorizes NMFS, after consultation with the 
Council, to establish seasonal apportionments of PSC amounts for the 
BSAI trawl limited access and Amendment 80 limited access sectors in 
order to maximize the ability of the fleet to harvest the available 
groundfish TAC and to minimize bycatch. The factors considered are (1) 
seasonal distribution of prohibited species, (2) seasonal distribution 
of target groundfish species, (3) PSC bycatch needs on a seasonal basis 
relevant to prohibited species biomass, (4) expected variations in 
bycatch rates throughout the year, (5) expected start of fishing 
effort, and (6) economic effects of seasonal PSC apportionments on 
industry sectors.
    The 2012 PSC limits for the Amendment 80 cooperatives and the 
Amendment 80 limited access sector will not be known until November 1, 
2011, the deadline for participants to apply for participation in the 
Amendment 80. Because Amendment 80 applications for 2012 have not been 
submitted to NMFS, thereby preventing NMFS from calculating 2012 PSC 
limits, NMFS has not included 2012 PSC limits between Amendment 80 
cooperatives and the Amendment 80 limited access sector in these 
proposed harvest specifications. NMFS will post 2012 Amendment 80 
cooperative and Amendment 80 limited access allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov when they become 
available in December 2012. NMFS proposes the Council's recommendation 
of the seasonal PSC apportionments in Table 7c to maximize harvest 
among gear types, fisheries, and seasons while minimizing bycatch of 
PSC based on the above criteria.

[[Page 76385]]



  Table 7a--Proposed 2011 and 2012 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
                                                              Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Non-trawl                                             Amendment 80 sector
                                                                   PSC                    Trawl PSC               --------------------------  BSAI trawl
                   PSC species                    Total  non-   remaining   Total trawl   remaining     CDQ PSQ                                limited
                                                   trawl  PSC   after CDQ       PSC       after CDQ   reserve \1\      2011         2012        access
                                                                 PSQ \1\                   PSQ \1\                                             fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI.....................          900          832        3,675        3,349          393        2,375        2,325          875
Herring (mt) BSAI...............................          n/a          n/a        1,974          n/a          n/a          n/a          n/a          n/a
Red king crab (animals) Zone 1\1\...............          n/a          n/a      197,000      175,921       21,079       93,432       87,925       53,797
C. opilio (animals) COBLZ\2\....................          n/a          n/a    8,460,480    7,555,209      905,271    3,945,330    3,713,385    2,428,244
C. bairdi crab (animals) Zone 1 \2\.............          n/a          n/a      830,000      741,190       88,810      331,608      312,115      348,285
C. bairdi crab (animals) Zone 2.................          n/a          n/a    2,520,000    2,250,360      269,640      565,966      532,660    1,053,394
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Section 679.21(e)(3)(i)(A)(2) allocates 326 mt of the trawl halibut mortality limit and Sec.   679.21(e)(4)(i)(A) allocates 7.5 percent, or 67 mt,
  of the non-trawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. The PSQ reserve for crab species is 10.7 percent of
  each crab PSC limit.
\2\ Refer to Sec.   679.2 for definitions of zones.


   TABLE 7b--Proposed 2011 and 2012 Herring and Red King Crab Savings
    Subarea Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
                                                         Red king crab
        Fishery categories          Herring (mt) BSAI   (animals) Zone 1
------------------------------------------------------------------------
Yellowfin sole....................                169                n/a
Rock sole/flathead sole/other                      29                n/a
 flatfish \1\.....................
Greenland turbot/arrowtooth/                       14                n/a
 sablefish \2\....................
Rockfish..........................                 10                n/a
Pacific cod.......................                 29                n/a
Midwater trawl pollock............              1,508                n/a
Pollock/Atka mackerel/other                       214                n/a
 species \3\ \4\..................
Red king crab savings subarea non-                n/a             49,250
 pelagic trawl gear \5\...........
                                   -------------------------------------
    Total trawl PSC...............              1,974            197,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for purposes of PSC accounting and monitoring
  includes all flatfish species, except for halibut (a prohibited
  species), arrowtooth flounder, flathead sole, Greenland turbot,
  Kamchatka flounder, rock sole, and yellowfin sole.
\2\ ``Arrowtooth flounder'' for purposes of PSC accounting and
  monitoring includes Kamchatka flounder.
\3\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other
  species'' fishery category.
\4\ ``Other species'' for purposes of PSC accounting and monitoring
  includes sculpins, sharks, skates, and octopus.
\5\ In October 2009 the Council recommended that the red king crab
  bycatch limit for non-pelagic trawl fisheries within the RKCSS be
  limited to 25 percent of the red king crab PSC allowance (see Sec.
  679.21(e)(3)(ii)(B)(2)).


 Table 7c--Proposed 2011 and 2012 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
                                             and Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
                                                             Prohibited species and area \1\
                                       -------------------------------------------------------------------------
                                                                Red king                   C. bairdi (animals)
  BSAI trawl limited access fisheries     Halibut mortality       crab      C. opilio  -------------------------
                                              (mt) BSAI        (animals)    (animals)
                                                                 Zone 1       COBLZ        Zone 1       Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole........................                   167       47,397    2,288,208      293,234    1,005,879
---------------------------------------
Rock sole/flathead sole/other flatfish                     0            0            0            0            0
 \2\..................................
---------------------------------------
Turbot/arrowtooth/sablefish \3\.......                     0            0            0            0            0
---------------------------------------
Rockfish April 15-December 31.........                     5            0        3,890            0          848
---------------------------------------
Pacific cod...........................                   453        6,000       97,247       50,816       42,424
---------------------------------------
Pollock/Atka mackerel/other species                      250          400       38,899        4,235        4,242
 \4\..................................
                                       -------------------------------------------------------------------------
    Total BSAI trawl limited access                      875       53,797    2,428,244      348,285    1,053,394
     PSC..............................
----------------------------------------------------------------------------------------------------------------


[[Page 76386]]


                     Non-trawl fisheries                         Catcher     Catcher
                                                                processor      vessel
--------------------------------------------------------------------------------------
Pacific cod-Total............................................         760          15
January 1-June 10............................................         380          10
June 10-August 15............................................         190           3
August 15-December 31........................................         190           2
                                                              ------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ ``Other flatfish'' for purposes of PSC accounting and monitoring all flatfish species, except for halibut (a prohibited species), arrowtooth
  flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\3\ ``Arrowtooth flounder'' for purposes of PSC accounting and monitoring includes Kamchatka flounder.
\4\ ``Other species'' for purposes of PSC accounting and monitoring includes sculpins, sharks, skates, and octopus.


       Table 7d--Proposed 2011 Prohibited Species Bycatch Allowance for the BSAI Amendment 80 Cooperatives
----------------------------------------------------------------------------------------------------------------
                                                          Prohibited species and zones\1\
                                 -------------------------------------------------------------------------------
          Cooperatives                Halibut      Red king crab     C. opilio          C. bairdi (animals)
                                  mortality (mt)     (animals)       (animals)   -------------------------------
                                       BSAI           Zone 1           COBLZ          Zone 1          Zone 2
----------------------------------------------------------------------------------------------------------------
Amendment 80--Alaska Seafood               1,643          63,637       2,547,203         233,442         390,500
 Cooperative....................
Amendment 80--Alaska Groundfish              732          29,804       1,398,127          98,167         175,465
 Cooperative....................
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of zones.

Halibut Discard Mortality Rates (DMRs)

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator will use observed halibut bycatch rates, 
DMRs, and estimates of groundfish catch to project when a fishery's 
halibut bycatch mortality allowance or seasonal apportionment is 
reached. The DMRs are based on the best information available, 
including information contained in the annual SAFE report.
    NMFS approves the halibut DMRs developed and recommended by the 
IPHC and the Council for the 2011 and 2012 BSAI groundfish fisheries 
for use in monitoring the 2011 and 2012 halibut bycatch allowances (see 
Tables 7a-7c). The IPHC developed these DMRs for the 2010 to 2012 BSAI 
fisheries using the 10-year mean DMRs for those fisheries. The IPHC 
will analyze observer data annually and recommend changes to the DMRs 
when a fishery DMR shows large variation from the mean. The document 
justifying these DMRs is available in Appendix 2 in the final 2009 SAFE 
report dated November 2009 (see ADDRESSES). Table 8 lists the 2011 and 
2012 DMRs.

     Table 8--Proposed 2011 and 2012 Assumed Pacific Halibut Discard
                      Mortality Rates for the BSAI
------------------------------------------------------------------------
                                                     Halibut discard
             Gear                   Fishery           mortality rate
                                                        (percent)
------------------------------------------------------------------------
Non-CDQ hook-and-line........  Greenland turbot                       11
                               Other species...                       10
                               Pacific cod.....                       10
                               Rockfish........                        9
Non-CDQ trawl................  Arrowtooth                             76
                                flounder.
                               Atka mackerel...                       76
                               Flathead sole...                       74
                               Greenland turbot                       67
                               Non-pelagic                            73
                                pollock.
                               Pelagic pollock.                       89
                               Other flatfish..                       72
                               Other species...                       71
                               Pacific cod.....                       71
                               Rockfish........                       81
                               Rock sole.......                       82
                               Sablefish.......                       75
                               Yellowfin sole..                       81
Non-CDQ pot..................  Other species...                        8
                               Pacific cod.....                        8
CDQ trawl....................  Atka mackerel...                       85
                               Flathead sole...                       88
                               Non-pelagic                            84
                                pollock.
                               Pelagic pollock.                       85
                               Rockfish........                       90
                               Rock sole.......                       90
                               Yellowfin sole..                       84

[[Page 76387]]

 
CDQ hook-and-line............  Greenland turbot                       87
                               Pacific cod.....                       85
CDQ pot......................  Pacific cod.....                        4
                               Sablefish.......                       10
------------------------------------------------------------------------

Central Gulf of Alaska Rockfish Pilot Program (Rockfish Program)

    On June 6, 2005, the Council adopted the Rockfish Program to meet 
the requirements of Section 802 of the Consolidated Appropriations Act 
of 2004 (Pub. L. 108-199). The basis for the BSAI fishing prohibitions 
and the catcher vessel BSAI Pacific cod sideboard limits of the 
Rockfish Program are discussed in detail in the final rule for 
Amendment 68 to the Fisheries Management Plan for Groundfish of the GOA 
(71 FR 67210, November 20, 2006). Pursuant to Sec.  679.82(d)(6)(i), 
the catcher vessel BSAI Pacific cod sideboard limit is 0.0 mt, and in 
the final 2011 and 2012 harvest specifications this would effectively 
close directed fishing for BSAI Pacific cod in July for catcher vessels 
under the Rockfish Program sideboard limitations. The Rockfish Program 
will expire in December 2011, although the Council has proposed a new 
program to supersede the existing Rockfish Program by 2012. NMFS is 
developing a proposed rule to implement the Council's revised program 
and anticipates that it will be published in the Federal Register for 
public review and comment early in 2011. The revised program, if 
approved by the Secretary, may affect the harvest specifications for 
2012.

Listed AFA Catcher/Processor Sideboard Limits

    Pursuant to Sec.  679.64(a), the Regional Administrator is 
responsible for restricting the ability of listed AFA catcher/
processors to engage in directed fishing for groundfish species other 
than pollock to protect participants in other groundfish fisheries from 
adverse effects resulting from the AFA and from fishery cooperatives in 
the directed pollock fishery. Table 9 lists the proposed 2011 and 2012 
catcher/processor sideboard limits. The basis for these proposed 
sideboard limits is described in detail in the final rules implementing 
the major provisions of the AFA (67 FR 79692, December 30, 2002) and 
Amendment 80 (72 FR 52668, September 14, 2007).
    All harvests of groundfish sideboard species by listed AFA catcher/
processors, whether as targeted catch or incidental catch, will be 
deducted from the proposed sideboard limits in Table 9. However, 
groundfish sideboard species that are delivered to listed AFA catcher/
processors by catcher vessels will not be deducted from the proposed 
2011 and 2012 sideboard limits for the listed AFA catcher/processors.

              Table 9--Proposed 2011 and 2012 BSAI Groundfish Sideboard Limits for Listed American Fisheries Act Catcher/Processors (C/Ps)
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             1995-1997
                                                                         ------------------------------------------------  2011 and 2012   2011 and 2012
                                                                                                             Ratio of     ITAC available      AFA C/P
              Target species                            Area                                              retained catch  to all trawl C/    sideboard
                                                                          Retained catch    Total catch       of total        Ps \1\           limit
                                                                                                               catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish trawl...........................  BS..........................               8             497           0.016           1,063              17
                                            AI..........................               0             145               0             434               0
Atka mackerel.............................  Central AI
                                               A season \2\.............             n/a             n/a           0.115          11,609           1,335
                                                 HLA limit..............             n/a             n/a             n/a           6,965             801
                                               B season \2\.............             n/a             n/a           0.115          11,609           1,335
                                                 HLA limit \3\..........             n/a             n/a             n/a           6,965             801
                                            Western AI
                                               A season \2\.............             n/a             n/a             0.2           8,081           1,616
                                                 HLA limit..............             n/a             n/a             n/a           4,849             970
                                               B season \2\.............             n/a             n/a             0.2           8,081           1,616
                                                 HLA limit \3\..........             n/a             n/a             n/a           4,849             970
Yellowfin sole \4\........................  BSAI........................         100,192         435,788            0.23         190,209          43,748
Rock sole.................................  BSAI........................           6,317         169,362           0.037          80,370           2,974
Greenland turbot..........................  BS..........................             121          17,305           0.007           3,145              22
                                            AI..........................              23           4,987           0.005           1,420               7
Arrowtooth flounder \5\...................  BSAI........................              76          33,987           0.002          51,000             102
Kamchatka flounder \5\....................  BSAI........................              76          33,987           0.002          15,045              30
Flathead sole.............................  BSAI........................           1,925          52,755           0.036          53,580           1,929
Alaska plaice.............................  BSAI........................              14           9,438           0.001          34,000              34
Other flatfish............................  BSAI........................           3,058          52,298           0.058          14,705             853
Pacific ocean perch.......................  BS..........................              12           4,879           0.002           3,222               6
                                            Eastern AI..................             125           6,179            0.02           3,733              75
                                            Central AI..................               3           5,698           0.001           3,777               4
                                            Western AI..................              54          13,598           0.004           5,787              23
Northern rockfish.........................  BSAI........................              91          13,040           0.007           6,197              43
Shortraker rockfish.......................  BSAI........................              50           2,811           0.018             329               6

[[Page 76388]]

 
Rougheye rockfish \6\.....................  BS..........................              50           2,811           0.018             416               7
                                            AI..........................              50           2,811           0.018              36               1
Other rockfish............................  BS..........................              18             621           0.029             412              12
                                            AI..........................              22             806           0.027             472              13
Squid.....................................  BSAI........................              73           3,328           0.022           1,675              37
Sharks \7\................................  BSAI........................             553          68,672           0.008             382               3
Skates \7\................................  BSAI........................             553          68,672           0.008          25,500             204
Sculpins \7\..............................  BSAI........................             553          68,672           0.008          25,530             204
Octopus \7\...............................  BSAI........................             553          68,672           0.008             198               2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of the
  TAC of that species after the subtraction of the CDQ reserve under Sec.   679.20(b)(1)(ii)(C).
\2\ The 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 ITAC
  specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
\3\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec.   679.2). In
  2010 and 2011, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts. These HLA
  limits are subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
\4\ Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2011 and 2012 aggregate ITAC of yellowfin
  sole assigned to the Amendment 80 sector and BSAI trawl limited access sector (190,209 mt) is greater than 125,000 mt.
\5\ Prior to 2011, Kamchatka flounder was managed as a component of the arrowtooth flounder complex.
\6\ Prior to 2011, rougheye rockfish was managed as a single BSAI management area.
\7\ Prior to 2011, sharks, skates, sculpins, and octopus were managed as the ``other species'' complex.

    Section 679.64(a)(2) and Tables 40 and 41 to part 679 establish a 
formula for calculating PSC sideboard limits for listed AFA catcher/
processors. The basis for these sideboard limits is described in detail 
in the final rules implementing the major provisions of the AFA (67 FR 
79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 
2007).
    PSC species listed in Table 10 that are caught by listed AFA 
catcher/processors participating in any groundfish fishery other than 
pollock will accrue against the proposed 2011 and 2012 PSC sideboard 
limits for the listed AFA catcher/processors. Section 679.21(e)(3)(v) 
authorizes NMFS to close directed fishing for groundfish other than 
pollock for listed AFA catcher/processors once a proposed 2011 or 2012 
PSC sideboard limit listed in Table 10 is reached.
    Crab or halibut PSC 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 Sec.  
679.21(e)(3)(iv).

   Table 10--Proposed 2011 and 2012 BSAI Prohibited Species Sideboard Limits for American Fisheries Act Listed
                                               Catcher/Processors
----------------------------------------------------------------------------------------------------------------
                                                                            Proposed 2011 and
                                                                                 2012 PSC      Proposed 2011 and
                                                          Ratio of PSC to      available to         2012 C/P
                 PSC species and area                        total PSC        trawl vessels     sideboard limit
                                                                            after subtraction         \1\
                                                                                of PSQ \1\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI................................             n/a                    n/a                286
Red king crab Zone 1 \2\..............................               0.007            175,921              1,231
C. opilio (COBLZ) \2\.................................               0.153          7,555,209          1,155,947
C. bairdi.............................................             n/a                    n/a                n/a
    Zone 1 \2\........................................               0.14             875,140            122,520
    Zone 2 \2\........................................               0.05           2,652,210            132,611
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Refer to Sec.   679.2 for definitions of areas.

AFA Catcher Vessel Sideboard Limits

    Pursuant to Sec.  679.64(b), the Regional Administrator is 
responsible for restricting the ability of AFA catcher vessels to 
engage in directed fishing for groundfish species other than pollock to 
protect participants in other groundfish fisheries from adverse effects 
resulting from the AFA and from fishery cooperatives in the directed 
pollock fishery. Section 679.64(b) establishes formulas for setting AFA 
catcher vessel groundfish and PSC sideboard limits for the BSAI. The 
basis for these sideboard limits is described in detail in the final 
rules implementing the major provisions of the AFA (67 FR 79692, 
December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). 
Tables 11 and 12 list the proposed 2011 and 2012 AFA catcher vessel 
sideboard limits.

[[Page 76389]]

    All catch of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or as incidental catch, will 
be deducted from the proposed 2011 and 2012 sideboard limits listed in 
Table 11.

  Table 11--Proposed 2011 and 2012 BSAI Groundfish Sideboard Limits for American Fisheries Act Catcher Vessels
                                                      (CVs)
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                             Ratio of 1995-                       2011 and 2012
                                     Fishery by area/gear/     1997 AFA CV        2011-2012        AFA catcher
              Species                        season          catch to 1995-    initial TAC\1\   vessel sideboard
                                                                1997 TAC                             limits
----------------------------------------------------------------------------------------------------------------
Pacific cod........................  BSAI.................
                                     Jig gear.............                 0             2,413                 0
                                     Hook-and-line CV.....  ................
                                        Jan 1-Jun 10......            0.0006               188                 0
                                        Jun 10-Dec 31.....            0.0006               181                 0
                                     Pot gear CV..........
                                        Jan 1-Jun 10......            0.0006             7,906                 5
                                        Sept 1-Dec 31.....            0.0006             7,596                 5
                                     CV < 60 ft LOA using             0.0006             3,691                 2
                                      hook-and-line or pot
                                      gear.
                                     Trawl gear CV........
                                        Jan 20-Apr 1......            0.8609            30,315            26,098
                                        Apr 1-Jun 10......            0.8609             4,506             3,879
                                        Jun 10-Nov 1......            0.8609             6,145             5,290
Sablefish..........................  BS trawl gear........            0.0906             1,063                96
                                     AI trawl gear........            0.0645               434                28
Atka mackerel \2\..................  Eastern AI/BS
                                        Jan 1-Apr 15......            0.0032             9,332                30
                                        Sept 1-Nov 1......            0.0032             9,332                30
                                     Central AI
                                        Jan-Apr 15........            0.0001            11,609                 1
                                          HLA limit.......            0.0001             6,965                 1
                                        Sept 1-Nov 1......            0.0001            11,609                 1
                                          HLA limit.......            0.0001             6,965                 1
                                     Western AI
                                        Jan-Apr 15........                 0             8,081                 0
                                          HLA limit.......               n/a             4,849                 0
                                        Sept 1-Nov 1......                 0             8,081                 0
                                          HLA limit.......               n/a             4,849                 0
Yellowfin sole \3\.................  BSAI.................            0.0647           190,209               n/a
Rock sole..........................  BSAI.................            0.0341            80,370             2,741
Greenland turbot...................  BS...................            0.0645             3,145               203
                                     AI...................            0.0205             1,420                29
Arrowtooth flounder \3\............  BSAI.................             0.069            51,000             3,519
Kamchatka flounder \4\.............  BSAI.................             0.069            15,044             1,038
Flathead sole......................  BS trawl gear........            0.0505            53,580             2,706
Alaska plaice......................  BSAI.................            0.0441            34,000             1,499
Other flatfish.....................  BSAI.................            0.0441            14,705               648
Pacific ocean perch................  BS...................               0.1             3,222               322
                                     Eastern AI...........            0.0077             3,733                29
                                     Central AI...........            0.0025             3,777                 9
                                     Western AI...........                 0             5,787                 0
Northern rockfish..................  BSAI.................            0.0084             6,197                52
Shortraker rockfish................  BSAI.................            0.0037               329                 1
Rougheye rockfish \5\..............  BS...................            0.0037                36                 0
                                     AI...................            0.0037               416                 2
Other rockfish.....................  BS...................            0.0048               412                 2
                                     AI...................            0.0095               472                 4
Squid..............................  BSAI.................            0.3827             1,675               641
Sharks \6\.........................  BSAI.................            0.0541               382                21
Skates \6\.........................  BSAI.................            0.0541            25,500             1,380
Sculpins \6\.......................  BSAI.................            0.0541            25,530             1,381
Octopus \6\........................  BSAI.................            0.0541               198                11
----------------------------------------------------------------------------------------------------------------
\1\ Aleutian Islands Pacific ocean perch, Atka mackerel, flathead sole, rock sole, and yellowfin sole are
  multiplied by the remainder of the TAC of that species after the subtraction of the CDQ reserve under Sec.
  679.20(b)(1)(ii)(C).
\2\ Harvest specifications for Atka mackerel in the Aleutian Islands subarea are subject to change under ongoing
  Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
\3\ Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2011 and
  2012 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector
  is greater than 125,000 mt.
\4\ Before 2011, arrowtooth flounder and Kamchatka flounder were managed as a single complex.
\5\ Before 2011, rougheye rockfish was managed in a single BSAI area.
\6\ Before 2011, sharks, skates, sculpins, and octopus were managed in the ``other species'' complex.


[[Page 76390]]

    Halibut and crab PSC limits listed in Table 12 that are caught by 
AFA catcher vessels participating in any groundfish fishery other than 
pollock will accrue against the proposed 2011 and 2012 PSC sideboard 
limits for the AFA catcher vessels. Sections 679.21(d)(8) and 
679.21(e)(3)(v) authorize NMFS to close directed fishing for groundfish 
other than pollock for AFA catcher vessels once a proposed 2011 and 
2012 PSC sideboard limit listed in Table 12 is reached. The PSC by AFA 
catcher vessels while fishing for pollock in the Bering Sea subarea 
will accrue against the bycatch allowances annually specified for 
either the midwater pollock or the pollock/Atka mackerel/``other 
species'' fishery categories under regulations at Sec.  
679.21(e)(3)(iv).

Table 12--Proposed 2011 and 2012 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
                                                for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
                                                                            Proposed 2011 and  Proposed 2011 and
                                                        AFA catcher vessel    2012 PSC limit    2012 AFA catcher
           PSC species                Target fishery       PSC sideboard    after subtraction      vessel PSC
                                       category \2\         limit ratio      of PSQ  reserves   sideboard limit
                                                                                   \2\                \2\
----------------------------------------------------------------------------------------------------------------
Halibut..........................  Pacific cod trawl..             n/a                    n/a                887
                                   Pacific cod hook-               n/a                    n/a                  2
                                    and-line or pot.
                                   Yellowfin sole                  n/a                    n/a                101
                                    total.
                                   Rock sole/flathead              n/a                    n/a                228
                                    sole/other
                                    flatfish \3\.
                                   Greenland turbot/               n/a                    n/a                  0
                                    arrowtooth/
                                    sablefish.
                                   Rockfish...........             n/a                    n/a                  2
                                   Pollock/Atka                    n/a                    n/a                  5
                                    mackerel/other
                                    species \4\.
Red king crab Zone 1.............  n/a................               0.299            175,921             52,600
C. opilio COBLZ \5\..............  n/a................               0.168          7,555,209          1,269,275
C. bairdi Zone 1\5\..............  n/a................               0.33             875,140            288,796
C. bairdi Zone 2 \5\.............  n/a................               0.186          2,652,210            493,311
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Target fishery categories are defined in regulation at Sec.   679.21(e)(3)(iv).
\3\ ``Other flatfish'' for purposes of PSC accounting and monitoring includes all flatfish species, except for
  halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
  sole, and yellowfin sole.
\4\ ``Other species'' for purposes of PSC accounting and monitoring includes sculpins, sharks, skates, and
  octopus.
\5\ Refer to Sec.   679.2 for definitions of areas.

Classification

    NMFS has determined that the proposed harvest specifications are 
consistent with the FMP and preliminarily determined that the proposed 
harvest specifications are consistent with the Magnuson-Stevens Act and 
other applicable laws.
    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866 because it contains no implementing 
regulations.
    NMFS prepared an EIS for this action and made it available to the 
public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS 
issued the Record of Decision for the EIS. Copies of the EIS and Record 
of Decision for this action are available from NMFS (see ADDRESSES). 
The EIS analyzes the environmental consequences of the proposed 
groundfish harvest specifications and alternative harvest strategies on 
resources in the action area. The EIS found no significant negative 
environmental consequences from the proposed action or its 
alternatives.
    NMFS also prepared an Initial Regulatory Flexibility Analysis 
(IRFA) as required by section 603 of the Regulatory Flexibility Act. 
The IRFA evaluates the impacts on small entities of alternative harvest 
strategies for the groundfish fisheries in the exclusive economic zone 
off Alaska. The IRFA analyzed the methodology for establishing the 
relevant TACs. As set forth in the methodology, TACs are set to a level 
that fall within the range of ABCs recommended by the Science and 
Statistical Committee (SSC); the sum of the TACs must achieve optimum 
yield specified in the FMP. While the specific numbers that the 
methodology may produce vary from year to year, the methodology itself 
remains constant. Accordingly, NMFS is using the IRFA prepared for the 
EIS in association with this action. Pursuant to sections 3.2.3 and 
3.2.4 of the FMP, the established methodology produces ABCs and TACs 
within specified ranges and the numbers in this proposed rule's 
preferred alternative are within those ranges. NMFS published notice of 
the availability of the IRFA and its summary in the classification 
section of the proposed harvest specifications for the groundfish 
fisheries in the BSAI in the Federal Register on December 15, 2006 (71 
FR 75460). A description of the action, why it is being considered, and 
the legal basis for this action are contained in the preamble above. 
This IRFA meets the statutory requirements of the Regulatory 
Flexibility Act of 1980, as amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 601-612). A copy of this 
analysis is available from NMFS (see ADDRESSES). A summary of the IRFA 
follows.
    The action under consideration is a harvest strategy to govern the 
catch of groundfish in the BSAI. The preferred alternative is the 
existing harvest strategy in which TACs fall within the range of ABCs 
recommended by the SSC. This action is taken in accordance with the FMP 
prepared by the Council pursuant to the Magnuson-Stevens Act.
    The directly regulated small entities include approximately 204 
small catcher vessels, fewer than 11 small catcher/processors, and six 
CDQ groups. The entities directly regulated by this action are those 
that harvest groundfish in the exclusive economic zone of the BSAI and 
in parallel fisheries within State waters. These include entities 
operating catcher vessels and catcher/processor vessels within the 
action area, and entities receiving direct allocations of groundfish. 
Catcher vessels and catcher/processors were considered to be small 
entities if their annual gross receipts from all economic activities, 
including the revenue of their affiliated operations, totaled $4 
million per year or less. Data from 2008 were the most recent available 
to determine the number of small entities.
    Estimates of first wholesale gross revenues for the BSAI non-CDQ 
and

[[Page 76391]]

CDQ sectors were used as indices of the potential impacts of the 
alternative harvest strategies on small entities. Revenues were 
projected to decline from 2006 levels in 2007 and 2008 under the 
preferred alternative due to declines in ABCs for economically key 
groundfish species.
    The preferred alternative (Alternative 2) was compared to four 
other alternatives. These included Alternative 1, which would have set 
TACs to generate fishing rates equal to the maximum permissible ABC (if 
the full TAC were harvested), unless the sum of TACs exceeded the BSAI 
optimum yield, in which case TACs would have been limited to the 
optimum yield. Alternative 3 would have set TACs to produce fishing 
rates equal to the most recent five-year average fishing rates. 
Alternative 4 would have set TACs equal to the lower limit of the BSAI 
optimum yield range. Alternative 5, the ``no action'' alternative, 
would have set TACs equal to zero.
    Alternatives 3, 4, and 5 produced smaller first wholesale revenue 
indices for both non-CDQ and CDQ sectors than Alternative 2. 
Alternative 1 revenues were the same as Alternative 2 revenues in the 
BSAI for both sectors. Moreover, higher Alternative 1 TACs are 
associated with maximum permissible ABCs, which may be higher than 
Alternative 2 TACs, while Alternative 2 TACs are associated with the 
ABCs that have been recommended to the Council by the Plan Team and the 
SSC, and more fully consider other potential biological issues. For 
these reasons, Alternative 2 is the preferred alternative.
    NMFS also prepared a supplemental IRFA (SIRFA) to more specifically 
evaluate the proposed specification of separate OFLs and TACs for 
sharks, octopus, skates, and sculpins in the BSAI, consistent with the 
previously selected harvest strategy, the Tier system in the FMP, 
Amendment 95 and 96 to the FMP, the Magnuson-Stevens Act, and other 
applicable law (See ADDRESSES). Amendment 95 and 96 to the FMP were 
approved by NMFS on September 22, 2010.
    NMFS does not anticipate that the specification of TACs for 
sculpins or skates will have any additional economic impacts on small 
entities beyond those impacts analyzed in the existing harvest 
specification IRFA because the proposed OFLs and ABCs are relatively 
large compared to recent historical catches.
    In contrast, the proposed OFLs and TACs for sharks and octopus 
could potentially result in some vessels choosing to shift the timing 
or location of their fishing activity in an effort to avoid high rates 
of incidental catch in an effort to avert the imposition of inseason 
management measures by NMFS to avoid overfishing. The impact of efforts 
undertaken by the fleet to avoid reaching the TAC and the potential 
closures that may follow are difficult to predict and would depend on 
the timing and location of incidental catches and the specific steps 
taken by the fleet to reduce the rate of incidental catch. Generally, 
however, the impact on these operations may be some combination of 
increased costs and/or decreased gross revenues as further described 
below.
    The 2009 Economic SAFE (see ADDRESSES) identifies 215 small 
groundfish entities operating in the BSAI in 2008, with estimated 
average 2008 gross revenues from all sources of about $1.53 million. 
Most of these (204 of them) are catcher vessels, with estimated average 
gross revenues of $1.49 million. About half of the catcher-vessels 
(103) are trawlers, with average gross revenues of about $1.71 million, 
46 are hook-and-line vessels, with average gross revenues of about 
$580,000, and 62 are pot vessels, with average gross revenues of about 
$1.70 million. The SAFE estimates that there were 11 small catcher-
processors, a majority (7) of which were hook-and-line vessels, with 
average gross revenues of about $2.65 million. The SAFE may overstate 
the number of small entities, because it considers individual vessel 
gross revenues, but does not capture affiliations among vessels. All of 
these small entities would be directly regulated by the proposed 
action. As described below, however, certain small entities may be more 
likely than others to be adversely affected by the proposed action as a 
result of potential impacts associated with the incidental catch of 
sharks, octopus or skates in other target fisheries.
    Sharks are incidentally caught in two fisheries primarily. Over 
half of the incidental catch (58 percent) occurs in the pelagic trawl 
fishery for pollock and another 28 percent occurs in the hook-and-line 
fishery for Pacific cod. Smaller amounts of sharks are taken in other 
trawl and non trawl gear fisheries. Any adverse impacts would be 
incurred by both large and small fishing entities in the BSAI. The key 
fleets impacted by the shark breakout are the pollock trawlers and the 
hook-and-line vessels fishing for Pacific cod. All of the pollock 
trawlers are believed to be large entities, either because the vessels 
themselves gross more than $4 million or because they are members of 
American Fisheries Act cooperatives, the affiliated members of which, 
when taken in aggregate, gross far in excess of the threshold. The BSAI 
hook-and-line vessels targeting Pacific cod are predominately large 
vessels. Two are believed to be small.
    Most of the octopus catch (59 percent) occurs in the pot gear 
fishery for Pacific cod. The pot gear fishery targeting octopus, and 
the hook-and-line fishery for Pacific cod each took another 11 percent. 
Non-pelagic trawlers targeting Pacific cod took another nine percent. 
Most of the remainder of the catch was made by non-pelagic trawlers 
targeting one of several species. Although directed fishing for octopus 
is closed in Federal waters, directed fishing has occurred in State 
waters in the BSAI. Any adverse impacts would be incurred by both large 
and small fishing entities in the BSAI. The SAFE estimates of the 
numbers of small entities operating in the BSAI in 2008 were described 
in the section on BSAI sharks, above. Pot vessels targeting Pacific cod 
take a large proportion of the octopus catch. Most of the vessels in 
this fleet segment (which has an estimated 63 vessels) are small. 
Restrictions on this fleet may adversely impact 55 small vessels, with 
average gross revenues of about $1.78 million. The hook-and-line 
fishery for Pacific cod, which was discussed under sharks, takes a 
smaller proportion of octopus; two entities may be small. The pot 
fishery targeting octopus may include any of the 62 small pot vessels 
identified from the SAFE report. The non-pelagic trawl fishery for 
Pacific cod has 13 small entities with average gross revenues of about 
$810,000.
    NMFS considered several alternatives to the proposed action of 
specifying separate OFLs and TACS for BSAI sculpins, sharks, octopus 
and skate species complexes. However, each of these alternatives has 
been eliminated from further consideration because it either does not 
accomplish the stated objectives of, or is in conflict with the 
requirements of, applicable statutes. Specifically, any alternative 
that did not create seperate OFLs and TACs for sculpins, sharks, 
octopus, and skates is inconsistent with the Magnuson-Stevens Act.
    The proposed action is intended to fulfill the agency's mandate to 
establish catch limits that are based on the best available scientific 
information, and which will achieve optimum yield while preventing 
overfishing. The proposed action is the alternative that is both 
consistent with the agency's obligations under the Magnuson-Stevens 
Fishery Conservation and Management Act and the FMP and minimizes the 
likelihood that the specification of TACs and OFLs for the

[[Page 76392]]

sculpins, sharks, octopus and skate species complexes will adversely 
affect small entities.
    NMFS considered dividing the TACs for each of the species complexes 
among different regulatory areas in the BSAI. Any such further division 
of the TACs would not change the total TACs for each species complex in 
the BSAI as a whole. However, the incidental catch of fishing vessels 
that operate within each of the regulatory areas would be counted 
against a reduced TAC and OFL, which would increase the likelihood that 
the TAC or OFL would be reached and that one or more area closures may 
be triggered.
    NMFS considered excusing small entities from compliance with the 
TACs for each of the species complexes evaluated in this SIRFA. 
However, the Magnuson-Stevens Act requires NMFS to implement 
conservation and management measures that prevent overfishing. 
Authorizing unlimited incidental catch of these species complexes by 
small entities would present an unacceptable risk of overfishing, and 
would not be consistent with the agency's obligations under Magnuson-
Stevens Act, nor with the requirements of the Council's FMP.
    In order to minimize the economic impacts of the proposed action, 
NMFS considered allocating relatively large portions of the TACs for 
each of the species complexes to potentially affected small entities. 
However, any such allocation, which would be motivated solely by 
economic considerations under the RFA, would not be consistent with 
National Standard 5, which states that ``no [conservation and 
management measure] shall have economic allocation as its sole 
purpose.'' 16 U.S.C. 1851(a)(5).
    Finally, NMFS considered establishing a single group TAC for all 
four of the species complexes in the BSAI, which would substantially 
reduce the likelihood that incidental catch would reach or exceed the 
TAC or OFL and result in area closures of target fisheries. However, 
the establishment of a stock complex comprised of species with such 
disparate life histories would not be consistent with the statutory 
requirement to establish catch limits that prevent overfishing for 
stocks in the fishery, nor with the Council's intent in enacting 
Amendments 95 and 96.
    This action does not modify recordkeeping or reporting 
requirements, or duplicate, overlap, or conflict with any Federal 
rules.
    Adverse impacts on marine mammals resulting from fishing activities 
conducted under these harvest specifications are discussed in the Final 
EIS (see ADDRESSES).

    Authority:  16 U.S.C. 773 et seq., 1801 et seq., 3631 et seq.; 
Public Law 108-447.

    Dated: December 2, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-30692 Filed 12-7-10; 8:45 am]
BILLING CODE 3510-22-P