[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Proposed Rules]
[Pages 76352-76372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30686]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126522-0522-02 ]
RIN 0648-XZ89


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; 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, 
apportionments, and Pacific halibut prohibited species catch limits for 
the groundfish fishery of the Gulf of Alaska (GOA). 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 Gulf of

[[Page 76353]]

Alaska. The intended effect of this action is to conserve and manage 
the groundfish resources in the GOA in accordance with the Magnuson-
Stevens Fishery Conservation and Management Act.

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-
XZ89, by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the 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. Comment 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 
GOA, 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 draft 2010 SAFE 
report for the GOA will be available from the same sources in November 
2010.

FOR FURTHER INFORMATION CONTACT: Tom Pearson, 907-481-1780, or Obren 
Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in 
the exclusive economic zone (EEZ) of the GOA under the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council 
prepared the FMP under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, 
et seq. Regulations governing U.S. fisheries and implementing the FMP 
appear at 50 CFR parts 600, 679, and 680.
    These proposed specifications are based in large part on the 2009 
SAFE report (see ADDRESSES). In December 2010, the Council will 
consider the draft 2010 SAFE report to develop its recommendations for 
the final 2011 and 2012 acceptable biological catch (ABC) amounts and 
total allowable catch (TAC) limits. In addition to the proposed 
specifications, this proposed rule identifies anticipated changes to 
the proposed specifications that might result from the Council's review 
of the 2010 SAFE report for public review.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify the TACs for each target 
species, the sum of which must be within the optimum yield (OY) range 
of 116,000 to 800,000 metric tons (mt). Section 679.20(c)(1) further 
requires NMFS to publish and solicit public comment on proposed annual 
TACs, halibut prohibited species catch (PSC) amounts, and seasonal 
allowances of pollock and inshore/offshore Pacific cod. The proposed 
specifications in Tables 1 through 18 of this document satisfy these 
requirements. For 2011 and 2012, the sum of the proposed TAC amounts is 
330,746 mt. Under Sec.  679.20(c)(3), NMFS will publish the final 2011 
and 2012 specifications after (1) considering comments received within 
the comment period (see DATES), (2) consulting with the Council at its 
December 2010 meeting, and (3) considering information presented in the 
Final EIS (see ADDRESSES) and the final 2010 SAFE report 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 Amendment 87 to the FMP on 
October 6, 2010 (75 FR 61639), effective November 5, 2010. Amendment 87 
moves sharks, sculpins, squids, and octopuses from the ``other 
species'' category to the ``target species'' category in the GOA and 
eliminates the ``other species'' category in the GOA FMP. Amendment 87 
revises the FMP to meet the National Standard 1 guidelines for annual 
catch limits and accountability measures and requires that overfishing 
levels (OFLs), ABCs, and TACs be established for sharks, sculpins, 
squids, and octopuses as part of the annual groundfish harvest 
specifications process. Based on the 2009 SAFE report, NMFS proposes 
ABCs, TACs, and OFLs for sharks, sculpins, octopuses, and squids listed 
in Table 1.
    Implementation of Amendment 87 to the FMP was necessary to comply 
with Magnuson-Stevens Act requirements associated with annual catch 
limits and accountability measures and will result in revisions to how 
total annual groundfish mortality is estimated and accounted for in the 
annual SAFE reports. These revisions may 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 due to the absence of formal 
reporting protocols.
    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 data base 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 report, the 
development of an adequate methodology is ongoing and not fully ready 
for use in the final SAFE report. NMFS intends to have this

[[Page 76354]]

information fully available for the 2011 assessment cycle.
    In conjunction with the implementation of Amendment 87, during its 
October 2010 meeting, the Council made additional recommendations with 
respect to the management of octopuses. The Council, in response to the 
fishing industry's concerns that new requirements for ACLs for 
octopuses may constrain commercial fisheries, initiated an analysis for 
amendments to the FMP that would consider moving octopuses into the 
ecosystem category or create octopus discard mortality rates. Initial 
review and final action are scheduled tentatively for April and June 
2011, respectively. The intent is for the amendments to be implemented 
for the 2012 fisheries.
    The Council, at its December 2009 meeting, took final action to 
recommend a Pacific cod sector split in the Western and Central GOA. If 
approved by the Secretary of Commerce, the Pacific cod TAC would be 
allocated in the Western GOA among trawl catcher/processors (C/Ps), 
trawl catcher vessels (CVs), hook-and-line C/Ps, hook-and-line CVs, 
combined CP and CV pot vessels, and jig vessels; and in the Central GOA 
among trawl C/Ps, trawl catcher vessels (CVs), hook-and-line C/Ps, 
hook-and-line CVs less than 50 feet length overall, hook-and-line CVs 
equal to or greater than 50 feet length overall, combined C/P and CV 
pot vessels, and jig vessels. Sector allocations may provide stability 
to long-term participants in the fishery by reducing competition among 
sectors for access to the GOA Pacific cod resource. NMFS intends to 
publish proposed and final rulemaking for this action during 2011. If 
these sector allocations are approved and implemented for the 2012 
Pacific cod fishery in the Western and Central GOA, the allocations of 
the Pacific cod TAC between the inshore and offshore components in the 
Western and Central GOA would be discontinued and replaced by 
allocations to each sector noted above.

Proposed ABC and TAC Specifications

    The amounts proposed for the 2011 and 2012 harvest specifications 
are based on the 2009 SAFE report. The proposed ABCs and TACs could be 
changed in the final harvest specifications depending on the most 
recent scientific information contained in the final 2010 SAFE report. 
The SAFE report contains a review of the latest scientific analyses and 
estimates of each species' biomass and other biological parameters, as 
well as summaries of the available information on the GOA ecosystem and 
the economic condition of the groundfish fisheries off Alaska. From 
these data and analyses, the GOA Groundfish Plan Team (Plan Team) 
estimates an ABC for each species category.
    At the October 2010 Council meeting, the Council, the Scientific 
and Statistical Committee (SSC), and the Advisory Panel (AP) reviewed 
most recent biological and harvest information about the condition of 
groundfish stocks in the GOA. This information was initially compiled 
by the Plan Team and presented in the final 2009 SAFE report for the 
GOA groundfish fisheries, dated November 2009 (see ADDRESSES). In 
November 2010, the Plan Team will update the 2009 SAFE report to 
include new information collected during 2010, such as revised stock 
assessments and catch data. The Plan Team will compile this information 
and produce the draft 2010 SAFE report in time for the Council to 
review it during the December 2010 Council meeting. Upon completing its 
review, the Council will formally approve the draft 2010 SAFE report. 
Once this approval occurs, the draft 2010 SAFE report will be 
considered final. The Council also will consider information contained 
in the draft 2010 SAFE report, the recommendations made by the Plan 
Team during its November 2010 meeting, information from 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 
stock surveys, which provide updated estimates of stock biomass and 
spatial distribution, and changes to the models used for making stock 
assessments. NMFS scientists presented updated and new survey results, 
changes to assessment models, and accompanying stock estimates at the 
September Plan Team meeting, and the SSC reviewed this information at 
the October 2010 Council meeting. In November 2010, the Plan Team 
considered updated stock assessments for pollock, Pacific cod, 
sablefish, sharks, squids, sculpins, and octopuses which were included 
in the draft 2010 SAFE report. For the other groundfish stocks without 
recent surveys or other new scientific information, NMFS will update 
the assessments to include any other available, recent information, 
such as 2010 catch. Thus, NMFS does not expect the final harvest 
specification amounts for the latter group of stocks (i.e., those 
without recent surveys) to vary greatly from the proposed specification 
amounts published here.
    If the draft 2010 SAFE report indicates that the stock biomass 
trend is increasing for a species, then the final 2011 and 2012 harvest 
specifications for that species may reflect an increase from the 
proposed harvest specifications. The draft 2010 SAFE reports indicate 
that the biomass trend for pollock, Pacific cod, Rex sole, arrowtooth 
flounder, northern rockfish, and demersal shelf rockfish may be 
increasing. Conversely, if the draft 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. The draft 2010 SAFE reports indicate 
that the biomass trend for flathead sole, pelagic shelf rockfish, and 
sharks may be decreasing. Notwithstanding the apparent decrease in the 
shark biomass, the Plan Team will be recommending an alternative method 
for calculating shark OFL to the SSC at the December 2010 Council 
meeting. If the SSC concurs with this method, the final harvest 
specifications may reflect an increasing OFL, ABC, and TAC for sharks.
    The biomass trends for species otherwise not listed above are 
relatively level and stable. However, with respect to octopuses, the 
Plan Team also will recommend an alternative method to calculate the 
octopus OFL to the SSC at the December 2010 Council meeting. This 
method varies from the default method of using Tier 6 methodology as 
specified in the FMP. The new method would incorporate octopus biomass 
estimates from recent GOA groundfish trawl surveys, in combination with 
historical catch data, to calculate the OFL for octopuses. If accepted 
by the SSC, this change could result in an increasing OFL, ABC, and TAC 
for octopuses.
    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 ABCs and OFLs. Fisheries 
scientists determine formulas applicable to a particular stock or stock 
complex based on the level of available, reliable information. This 
information is categorized in the FMP 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

[[Page 76355]]

lowest level of information quality available.
    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 11749) . The exceptions to this are the establishment of 
individual ABC and TAC amounts for sculpins, sharks, squid, and 
octopuses per the adoption of Amendment 87 to the FMP, 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 605,086 mt, which is higher than the final 2010 ABC total of 565,499 
mt (75 FR 11749, 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 pollock, deep-water flatfish, rex sole, 
sablefish, Pacific ocean perch, shortraker rockfish, rougheye rockfish, 
northern rockfish, pelagic shelf rockfish, thornyhead rockfish, 
demersal shelf rockfish, skates, sharks, sculpins, squids, and 
octopuses. The Council recommended other proposed TACs for 2011 and 
2012 that are less than the proposed ABCs for certain species: Pacific 
cod, flathead sole, shallow-water flatfish, arrowtooth flounder, and 
other rockfish. The Pacific cod TACs are set to accommodate the State 
of Alaska's (State) GHLs for Pacific cod so that the ABC is not 
exceeded. The flathead sole, shallow-water flatfish, and arrowtooth 
flounder TACs are set to conserve the halibut PSC limit for use in 
other fisheries. The other rockfish TACs are set to reduce the amount 
of discards in the Southeast Outside (SEO) District. The Atka mackerel 
TAC is set to accommodate incidental catch amounts.
    The ABC for the pollock stock in the combined Western, Central, and 
West Yakutat Regulatory Areas (W/C/WYK) has been adjusted to reflect 
the Guideline Harvest Level (GHL) established by the State for the 
Prince William Sound (PWS) pollock fishery since its inception in 1995. 
Genetic studies revealed that the pollock in PWS was not a separate 
stock from the combined W/C/WYK population. Accordingly, the Council 
recommended decreasing the W/C/WYK pollock ABC to account for the 
State's PWS GHL. For 2011, the PWS GHL for pollock is 1,650 mt.
    The apportionment of annual pollock TAC among the Western and 
Central Regulatory Areas of the GOA reflects the seasonal biomass 
distribution and is discussed in greater detail below. The annual 
pollock TAC in the Western and Central Regulatory Areas of the GOA is 
apportioned among Statistical Areas 610, 620, and 630, and divided 
equally among each of the following four seasons: The A season (January 
20 through March 10), the B season (March 10 through May 31), the C 
season (August 25 through October 1), and the D season (October 1 
through November 1) (50 CFR 679.23(d)(2)(i) through (iv), and 
679.20(a)(5)(iv)(A), (B)).
    As in 2010, the SSC and Council recommended that the method of 
apportioning the sablefish ABC among management areas in 2011 and 2012 
include commercial fishery and survey data. NMFS stock assessment 
scientists believe that unbiased commercial fishery catch-per-unit-
effort data are useful for stock distribution assessments. NMFS 
evaluates annually the use of commercial fishery data to ensure that 
unbiased information is included in stock distribution models. The 
Council's recommendation for sablefish area apportionments also takes 
into account the prohibition on the use of trawl gear in the SEO 
District of the Eastern Regulatory Area and makes available five 
percent of the combined Eastern Regulatory Area TACs to trawl gear for 
use as incidental catch in other directed groundfish fisheries in the 
WYK District (Sec.  679.20(a)(4)(i)).
    The AP, SSC, and Council recommended apportionment of the ABC for 
Pacific cod in the GOA among regulatory areas based on the three most 
recent NMFS summer trawl surveys. The proposed 2011 and 2012 Pacific 
cod TACs are affected by the State's fishery for Pacific cod in State 
waters in the Western and Central Regulatory Areas, as well as in PWS. 
The Plan Team, SSC, AP, and Council recommended that the sum of all 
State and Federal water Pacific cod removals from the GOA not exceed 
ABC recommendations. Accordingly, the Council recommended reducing the 
proposed 2011 and 2012 Pacific cod TACs in the proposed ABCs for the 
Eastern, Central, and Western Regulatory Areas to account for State 
GHLs. Therefore, the proposed 2011 and 2012 Pacific cod TACs are less 
than the proposed ABCs by the following amounts: (1) Eastern GOA, 734 
mt; (2) Central GOA, 15,174 mt; and (3) Western GOA, 8,566 mt. These 
amounts reflect the sum of the State's 2011 and 2012 guideline harvest 
levels in these areas, which are 25 percent of the Eastern, Central, 
and Western GOA proposed ABCs. In 2011, the State waters Pacific cod 
GHL in PWS was increased from 15 to 25 percent of the Eastern GOA 
Pacific cod ABC, per the recommendations of State of Alaska Department 
of Fish and Game fisheries managers. Thus, the corresponding 2011 and 
2012 Eastern GOA Pacific cod TAC may decrease in final harvest 
specifications to accommodate the increased State GHL in that area.
    NMFS also is proposing seasonal apportionments of the annual 
Pacific cod TACs in the Western and Central Regulatory Areas. Sixty 
percent of the annual TAC is apportioned to the A season for hook-and-
line, pot, or jig gear from January 1 through June 10, and for trawl 
gear from January 20 through June 10. Forty percent of the annual TAC 
is apportioned to the B season for hook-and-line, pot, or jig gear from 
September 1 through December 31, and for trawl gear from September 1 
through November 1 (Sec. Sec.  679.23(d)(3) and 679.20(a)(12)).
    As in 2010, NMFS proposes to establish for 2011 and 2012 an A 
season directed fishing allowance (DFA) for the Pacific cod fisheries 
in the GOA based on the management area TACs minus the recent average A 
season incidental catch of Pacific cod in each management area before 
June 10 (Sec.  679.20(d)(1)). The DFA and incidental catch before June 
10 will be managed such that total catch in the A season will be no 
more than 60 percent of the annual TAC. Incidental catch taken after 
June 10 will continue to accrue against the B season TAC. This action 
meets the intent of the Steller sea lion protection measures by 
achieving temporal dispersion of the Pacific cod removals and reducing 
the likelihood of catch exceeding 60 percent of the annual TAC in the A 
season.
    The sum of the proposed TACs for all GOA groundfish is 330,746 mt 
for 2011 and 2012, which is within the OY range specified by the FMP. 
The sums of the proposed 2011 and 2012 TACs are higher than the sum of 
the 2010 TACs of 292,087 mt, but are unchanged from the 2011 TACs 
currently specified for the GOA groundfish fisheries (75 FR 11788, 
March 12, 2010), with the exception of the Eastern GOA Pacific Cod TAC 
and the TACs for the major taxonomic groups (sharks, squids, octopuses, 
and sculpins), which used to compose the ``other species'' category.
    Table 1 lists the proposed 2011 and 2012 ABCs, TACs, and OFLs and 
area apportionments of groundfish in the

[[Page 76356]]

GOA. 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, including 
maintaining the total TAC within the required OY range. These proposed 
amounts are subject to change pending the completion of the draft 2010 
SAFE report and the Council's recommendations for the final 2011 and 
2012 harvest specifications during its December 2010 meeting.

  Table 1--Proposed 2011 and 2012 ABCs, TACs, and OFLs of Groundfish for the Western/Central/West Yakutat (W/C/
 WYK), Western (W), Central (C), Eastern (E) Regulatory Areas, and in the West Yakutat (WYK), Southeast Outside
                            (SEO), and Gulfwide (GW) Districts of the Gulf of Alaska
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
              Species                        Area 1                ABC               TAC               OFL
----------------------------------------------------------------------------------------------------------------
Pollock \2\........................  Shumagin (610).......            34,728            34,728               n/a
                                     Chirikof (620).......            37,159            37,159               n/a
                                     Kodiak (630).........            25,287            25,287               n/a
                                     WYK (640)............             2,686             2,686               n/a
                                                           -----------------------------------------------------
                                        W/C/WYK (subtotal)            99,860            99,860           135,010
                                     SEO (650)............             9,245             9,245            12,326
                                        Total.............           109,105           109,105           147,336
                                                           =====================================================
Pacific cod \3\....................  W....................            34,265            25,699               n/a
                                     C....................            60,698            45,524               n/a
                                     E....................             2,937             2,203               n/a
                                                           -----------------------------------------------------
                                        Total.............            97,900            73,426           116,700
                                                           =====================================================
Sablefish \4\......................  W....................             1,488             1,488               n/a
                                     C....................             4,042             4,042               n/a
                                     WYK..................             1,450             1,450               n/a
                                     SEO..................             2,320             2,320               n/a
                                        E (WYK and SEO)                3,770             3,770               n/a
                                         (subtotal).
                                                           -----------------------------------------------------
                                        Total.............             9,300             9,300            11,008
                                                           =====================================================
Shallow-water flatfish \6\.........  W....................            23,681             4,500               n/a
                                     C....................            29,999            13,000               n/a
                                     WYK..................             1,228             1,228               n/a
                                     SEO..................             1,334             1,334               n/a
                                                           -----------------------------------------------------
                                        Total.............            56,242            20,062            67,768
                                                           =====================================================
Deep-water flatfish \5\............  W....................               530               530               n/a
                                     C....................             2,928             2,928               n/a
                                     WYK..................             2,089             2,089               n/a
                                     SEO..................               778               778               n/a
                                                           -----------------------------------------------------
                                        Total.............             6,325             6,325             7,847
                                                           =====================================================
Rex sole...........................  W....................             1,521             1,521               n/a
                                     C....................             6,312             6,312               n/a
                                     WYK..................               871               871               n/a
                                     SEO..................               888               888               n/a
                                                           -----------------------------------------------------
                                        Total.............             9,592             9,592            12,534
                                                           =====================================================
Arrowtooth flounder................  W....................            34,263             8,000               n/a
                                     C....................           144,262            30,000               n/a
                                     WYK..................            22,501             2,500               n/a
                                     SEO..................            11,693             2,500               n/a
                                                           -----------------------------------------------------
                                        Total.............           212,719            43,000           250,559
                                                           =====================================================
Flathead sole......................  W....................            17,520             2,000               n/a
                                     C....................            28,190             5,000               n/a
                                     WYK..................             2,068             2,068               n/a
                                     SEO..................             1,508             1,508               n/a
                                                           -----------------------------------------------------
                                        Total.............            49,286            10,576            61,601
                                                           =====================================================
Pacific ocean perch \7\............  W....................             2,797             2,797             3,220
                                     C....................            10,377            10,377            11,944
                                     WYK..................             1,937             1,937               n/a
                                     SEO..................             1,882             1,882               n/a

[[Page 76357]]

 
                                        E (WYK and SEO)                3,819             3,819             4,396
                                         (subtotal).
                                                           -----------------------------------------------------
                                        Total.............            16,993            16,993            19,560
                                                           =====================================================
Northern rockfish 8 9..............  W....................             2,549             2,549               n/a
                                     C....................             2,259             2,259               n/a
                                     E....................                 0                 0               n/a
                                                           -----------------------------------------------------
                                        Total.............             4,808             4,808             5,730
                                                           =====================================================
Shortraker rockfish \11\...........  W....................               134               134               n/a
                                     C....................               325               325               n/a
                                     E....................               455               455               n/a
                                                           -----------------------------------------------------
                                        Total.............               914               914             1,219
                                                           =====================================================
Other rockfish 9 12................  W....................               212               212               n/a
                                     C....................               507               507               n/a
                                     WYK..................               273               273               n/a
                                     SEO..................             2,757               200               n/a
                                                           -----------------------------------------------------
                                        Total.............             3,749             1,192             4,881
                                                           =====================================================
Pelagic shelf rockfish \13\........  W....................               607               607               n/a
                                     C....................             3,035             3,035               n/a
                                     WYK..................               405               405               n/a
                                     SEO..................               680               680               n/a
                                                           -----------------------------------------------------
                                        Total.............             4,727             4,727             5,739
                                                           =====================================================
Rougheye and Blackspotted rockfish   W....................                81                81               n/a
 \10\.
                                     C....................               869               869               n/a
                                     E....................               363               363               n/a
                                                           -----------------------------------------------------
                                        Total.............             1,313             1,313             1,581
                                                           =====================================================
Demersal shelf rockfish \14\.......  SEO..................               295               295               472
Thornyhead rockfish................  W....................               425               425               n/a
                                     C....................               637               637               n/a
                                     E....................               708               708               n/a
                                                           -----------------------------------------------------
                                        Total.............             1,770             1,770             2,360
                                                           =====================================================
Atka mackerel......................  GW...................             4,700             2,000             6,200
Big skate \15\.....................  W....................               598               598               n/a
                                     C....................             2,049             2,049               n/a
                                     E....................               681               681               n/a
                                                           -----------------------------------------------------
                                        Total.............             3,328             3,328             4,438
                                                           =====================================================
Longnose skate \16\................  W....................                81                81               n/a
                                     C....................             2,009             2,009               n/a
                                     E....................               762               762               n/a
                                                           -----------------------------------------------------
                                        Total.............             2,852             2,852             3,803
                                                           =====================================================
Other skates \17\..................  GW...................             2,093             2,093             2,791
Sharks.............................  GW...................               957               957             1,276
Squids.............................  GW...................             1,148             1,148             1,530
Octopuses..........................  GW...................               224               224               298
Sculpins...........................  GW...................             4,746             4,746             6,328
                                                           -----------------------------------------------------
    Total..........................  .....................           605,086           330,746           743,559
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec.   679.2. (W=Western Gulf of Alaska; C=Central Gulf of
  Alaska; E=Eastern Gulf of Alaska; WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide).

[[Page 76358]]

 
\2\ Pollock is apportioned in the Western/Central Regulatory Areas among three statistical areas. During the A
  season, the apportionment is based on an adjusted estimate of the relative distribution of pollock biomass of
  approximately 30%, 46%, and 24% in Statistical Areas 610, 620, and 630, respectively. During the B season, the
  apportionment is based on the relative distribution of pollock biomass at 30%, 54%, and 16% in Statistical
  Areas 610, 620, and 630, respectively. During the C and D seasons, the apportionment is based on the relative
  distribution of pollock biomass at 41%, 27%, and 32% in Statistical Areas 610, 620, and 630, respectively.
  Table 4 lists the proposed 2011 and 2012 pollock seasonal apportionments. In the West Yakutat and Southeast
  Outside Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned 60% to the A season and 40% to the B season in the Western and
  Central Regulatory Areas of the GOA. Pacific cod is allocated 90% for processing by the inshore component and
  10% for processing by the offshore component. Table 5 lists the proposed 2011 and 2012 Pacific cod seasonal
  apportionments.
\4\ Sablefish is allocated to trawl and hook-and-line gears for 2011 and to trawl gear in 2012. Tables 2 and 3
  list the proposed 2011 and 2012 sablefish TACs.
\5\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, and deepsea sole.
\6\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
  arrowtooth flounder.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinous. For management purposes the 2 mt apportionment of ABC to
  the Eastern Gulf of Alaska has been included in the slope rockfish complex.
\9\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
  S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
  wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
  (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
  (vermilion), and S. reedi (yellowmouth). In the Eastern GOA only, slope rockfish also includes northern
  rockfish, S. polyspinous.
\10\ ``Rougheye rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\11\ ``Shortraker rockfish'' means Sebastes borealis.
\12\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope
  rockfish and demersal shelf rockfish. The category ``other rockfish'' in the SEO District means slope
  rockfish.
\13\ ``Pelagic shelf rockfish'' means, S. variabilis (dusky), S. entomelas (widow), and S. flavidus
  (yellowtail).
\14\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
  S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\15\ ``Big skate'' means Raja binoculata.
\16\ ``Longnose skate'' means Raja rhina.
\17\ ``Other skates'' means Bathyraja spp.

Proposed Apportionment of Reserves

    Section 679.20(b)(2) requires that 20 percent of each TAC for 
pollock, Pacific cod, flatfish, skates, sharks, squids, sculpins, and 
octopuses be set aside in reserves for possible apportionment at a 
later date during the fishing year. In 2010, NMFS apportioned all of 
the reserves in the final harvest specifications. For 2011 and 2012, 
NMFS proposes reapportionment of all the reserves for pollock, Pacific 
cod, flatfish, skates, sharks, squids, sculpins, and octopuses. Table 1 
reflects the apportionment of reserve amounts for these species and 
species groups. Each proposed TAC for the above mentioned species 
categories contains the full TAC recommended by the Council, since no 
reserve was created from the relevant species categories.

Proposed Allocations of the Sablefish TAC Amounts to Vessels Using 
Hook-and-Line and Trawl Gear

    Section 679.20(a)(4)(i) and (ii) require allocations of sablefish 
TACs for each of the regulatory areas and districts to hook-and-line 
and trawl gear. In the Western and Central Regulatory Areas, 80 percent 
of each TAC is allocated to hook-and-line gear, and 20 percent of each 
TAC is allocated to trawl gear. In the Eastern Regulatory Area, 95 
percent of the TAC is allocated to hook-and-line gear and five percent 
is allocated to trawl gear. The trawl gear allocation in the Eastern 
GOA may only be used to support incidental catch of sablefish in 
directed fisheries for other target species (Sec.  679.20(a)(4)(i)). In 
recognition of the trawl ban in the SEO District of the Eastern 
Regulatory Area, the Council recommended and NMFS proposes the 
allocation of five percent of the combined Eastern Regulatory Area 
sablefish TAC to trawl gear in the WYK District and the remainder of 
the WYK sablefish TAC be available to vessels using hook-and-line gear. 
As a result, NMFS proposes to allocate 100 percent of the sablefish TAC 
in the SEO District to vessels using hook-and-line gear. This 
recommendation results in a proposed 2011 allocation of 189 mt to trawl 
gear and 3,581 mt to hook-and-line gear in the Eastern GOA. Table 2 
lists the allocations of the proposed 2011 sablefish TACs to hook-and-
line and trawl gear. Table 3 lists the allocations of the proposed 2012 
sablefish TACs to trawl gear.
    The Council recommended that the hook-and-line sablefish TAC be 
established annually to ensure that the Individual Fishery Quota (IFQ) 
fishery is conducted concurrent with the halibut IFQ fishery and is 
based on the most recent survey information. The Council also 
recommended that only a trawl sablefish TAC be established for two 
years so that retention of incidental catch of sablefish by trawl gear 
could commence in January in the second year of the groundfish harvest 
specifications. However, since there is an annual assessment for 
sablefish and the final harvest specifications are expected to be 
published before the IFQ season begins (typically, in early March), the 
Council recommended that the sablefish TAC be set on an annual basis so 
that the best and most recent scientific information could be 
considered in recommending the ABCs and TACs. Since sablefish is on 
bycatch status for trawl gear during the entire fishing year, and given 
that fishing for groundfish with trawl gear is prohibited prior to 
January 20, it is not likely that the sablefish allocation to trawl 
gear would be reached before the effective date of the final harvest 
specifications.

  Table 2--Proposed 2011 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Hook-and-Line and Trawl
                                                      Gear
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                              Hook-and-line
                     Area/district                              TAC             allocation      Trawl allocation
----------------------------------------------------------------------------------------------------------------
Western................................................              1,488              1,190                298
Central................................................              4,042              3,234                808
West Yakutat \1\.......................................              1,450              1,261                189

[[Page 76359]]

 
Southeast Outside......................................              2,320              2,320                  0
                                                        --------------------------------------------------------
    Total..............................................              9,300              8,005              1,295
----------------------------------------------------------------------------------------------------------------
\1\ Represents an allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC to trawl gear in
  the WYK District.


       Table 3--Proposed 2012 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                              Hook-and-line
                     Area/district                              TAC             allocation      Trawl allocation
----------------------------------------------------------------------------------------------------------------
Western................................................              1,488                n/a                298
Central................................................              4,042                n/a                808
West Yakutat \2\.......................................              1,450                n/a                189
Southeast Outside......................................              2,320                n/a                  0
                                                        --------------------------------------------------------
    Total..............................................              9,300                n/a              1,295
----------------------------------------------------------------------------------------------------------------
\1\ The Council recommended that harvest specifications for the hook-and-line gear sablefish Individual Fishing
  Quota fisheries be limited to 1 year.
\2\ Represents an allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC to trawl gear in
  the WYK District.

Proposed Apportionments of Pollock TAC Among Seasons and Regulatory 
Areas, and Allocations for Processing by Inshore and Offshore 
Components

    In the GOA, pollock is apportioned by season and area, and is 
further allocated between inshore and offshore processing components. 
Pursuant to Sec.  679.20(a)(5)(iv)(B), the annual pollock TAC specified 
for the Western and Central Regulatory Areas of the GOA is apportioned 
into four equal seasonal allowances of 25 percent. As established by 
Sec.  679.23(d)(2)(i) through (iv), the A, B, C, and D season 
allowances are available from January 20 through March 10, March 10 
through May 31, August 25 through October 1, and October 1 through 
November 1, respectively.
    Pollock TACs in the Western and Central Regulatory Areas of the GOA 
are apportioned among Statistical Areas 610, 620, and 630, pursuant to 
Sec.  679.20(a)(5)(iv)(A). In the A and B seasons, the apportionments 
are in proportion to the distribution of pollock biomass based on the 
four most recent NMFS winter surveys. In the C and D seasons, the 
apportionments are in proportion to the distribution of pollock biomass 
based on the four most recent NMFS summer surveys. For 2011 and 2012, 
the Council recommends, and NMFS proposes, averaging the winter and 
summer distribution of pollock in the Central Regulatory Area for the A 
season. The average is intended to reflect the distribution of pollock 
and the performance of the fishery in the area during the A season for 
the 2011 and 2012 fishing years. Within any fishing year, the amount by 
which a seasonal allowance is underharvested or overharvested may be 
added to, or subtracted from, subsequent seasonal allowances in a 
manner to be determined by the Regional Administrator (Sec.  
679.20(a)(5)(iv)(B)). The rollover amount is limited to 20 percent of 
the unharvested seasonal apportionment for the statistical area. Any 
unharvested pollock above the 20 percent limit could be further 
distributed to the other statistical areas, in proportion to the 
estimated biomass in the subsequent season in those statistical areas 
(Sec.  679.20(a)(5)(iv)(B)). The proposed pollock TACs in the WYK 
District of 2,686 mt and SEO District of 9,245 mt for 2011 and 2012 are 
not allocated by season.
    Section 679.20(a)(6)(i) requires the allocation of 100 percent of 
the pollock TAC in all regulatory areas and all seasonal allowances to 
vessels catching pollock for processing by the inshore component after 
subtraction of amounts that are projected by the Regional Administrator 
to be caught by, or delivered to, the offshore component incidental to 
directed fishing for other groundfish species. Thus, the amount of 
pollock available for harvest by vessels harvesting pollock for 
processing by the offshore component is that amount that will be taken 
as incidental catch during directed fishing for groundfish species 
other than pollock, up to the maximum retainable amounts allowed under 
Sec.  679.20(e) and (f). At this time, these incidental catch amounts 
of pollock are unknown and will be determined during the fishing year.
    Table 4 lists the proposed 2011 and 2012 seasonal biomass 
distribution of pollock in the Western and Central Regulatory Areas, 
area apportionments, and seasonal allowances. The amounts of pollock 
for processing by the inshore and offshore components are not shown.

[[Page 76360]]



       Table 4--Proposed 2011 and 2012 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska; Seasonal Biomass
                                        Distribution, Area Apportionments; and Seasonal Allowances of Annual TAC
                                                     [Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Season \1\                                           Shumagin
                                                     Chirikof
                                                      Kodiak                   Total \2\
                                                    (Area 610)
                                                    (Area 620)
                                                    (Area 630)
--------------------------------------------------------------------------------------------------------------------------------------------------------
A (Jan 20-Mar 10).......................           7,342        (30.22%)          11,129        (45.81%)           5,823        (23.97%)   24,294 (100%)
B (Mar 10-May 31).......................           7,342        (30.22%)          13,128        (54.04%)           3,824        (15.74%)   24,294 (100%)
C (Aug 25-Oct 1)........................          10,022        (41.25%)           6,451        (26.55%)           7,820        (32.19%)   24,293 (100%)
D (Oct 1-Nov1)..........................          10,022        (41.25%)           6,451        (26.55%)           7,820        (32.19%)   24,293 (100%)
                                         ---------------------------------------------------------------------------------------------------------------
    Annual Total........................          34,728  ..............          37,159  ..............          25,287  ..............          97,174
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ As established by Sec.   679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to
  May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore
  components are not shown in this table.
\2\ The WYK and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table.

Proposed Seasonal Apportionments of Pacific Cod TAC and Allocations for 
Processing of Pacific Cod TAC Between Inshore and Offshore Components

    Pacific cod fishing is divided into two seasons in the Western and 
Central Regulatory Areas of the GOA. For hook-and-line, pot, and jig 
gear, the A season is January 1 through June 10, and the B season is 
September 1 through December 31. For trawl gear, the A season is 
January 20 through June 10, and the B season is September 1 through 
November 1 (Sec.  679.23(d)(3)(i)). After subtraction of incidental 
catch from the A season, 60 percent of the annual TAC will be available 
as a DFA during the A season for the inshore and offshore components. 
The remaining 40 percent of the annual TAC will be available for 
harvest during the B season. Under Sec.  679.20(a)(12)(ii), any overage 
or underage of the Pacific cod allowance from the A season will be 
subtracted from, or added to, the subsequent B season allowance.
    Section 679.20(a)(6)(ii) requires the allocation of the TAC 
apportionment of Pacific cod in all regulatory areas to vessels 
catching Pacific cod for processing by the inshore and offshore 
components. Ninety percent of the Pacific cod TAC in each regulatory 
area is allocated to vessels catching Pacific cod for processing by the 
inshore component. The remaining 10 percent of the TAC is allocated to 
vessels catching Pacific cod for processing by the offshore component. 
Table 5 lists the seasonal apportionments and allocations of the 
proposed 2011 and 2012 Pacific cod TAC amounts.

 Table 5--Proposed 2011 and 2012 Seasonal Apportionments and Allocations of Pacific Cod TAC Amounts in the Gulf
                 of Alaska and Allocations for Processing by the Inshore and Offshore Components
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                                     Component allocation
          Regulatory area                    Season                TAC       -----------------------------------
                                                                                Inshore (90%)    Offshore (10%)
----------------------------------------------------------------------------------------------------------------
Western............................  Annual...............            25,699            23,129             2,570
                                     A season (60%).......            15,419            13,877             1,542
                                     B season (40%).......            10,280             9,252             1,028
Central............................  Annual...............            45,524            40,972             4,552
                                     A season (60%).......            27,314            24,583             2,731
                                     B season (40%).......            18,210            16,389             1,821
Eastern............................  Annual...............             2,203             1,983               220
                                                           -----------------------------------------------------
    Total..........................  .....................            73,426            66,084             7,342
----------------------------------------------------------------------------------------------------------------

Proposed Apportionments to the Central GOA Rockfish Pilot Program

    Section 679.81(a)(1) and (2) requires the allocation of the primary 
rockfish species TACs in the Central Regulatory Area, after deducting 
incidental catch needs in other directed groundfish fisheries, to 
participants in the Central GOA Rockfish Program (Rockfish Program). 
Five percent (2.5 percent to trawl gear and 2.5 percent to fixed gear) 
of the proposed TACs for Pacific ocean perch, northern rockfish, and 
pelagic shelf rockfish in the Central Regulatory Area are allocated to 
the entry level rockfish fishery; and the remaining 95 percent are 
allocated to those vessels eligible to participate in the Rockfish 
Program. 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.
    NMFS proposes setting aside 2011 incidental catch amounts of 100 mt 
for northern rockfish, 100 mt for pelagic shelf rockfish, and 500 mt 
for Pacific ocean perch for other directed groundfish fisheries in the 
Central Regulatory Area. These proposed amounts are based on recent 
average incidental catch in the Central Regulatory Area by other 
groundfish fisheries.
    Section 679.83(a)(1)(i) requires that allocations to the trawl 
entry level fishery must be made first from the allocation of Pacific 
ocean perch available to the rockfish entry level fishery. If the 
amount of Pacific ocean perch available for allocation is less than the 
total allocation allowable for

[[Page 76361]]

trawl CVs in the rockfish entry level fishery, then northern rockfish 
and pelagic shelf rockfish must be allocated to trawl CVs. Allocations 
of Pacific ocean perch, northern rockfish, and pelagic shelf rockfish 
to longline gear vessels must be made after the allocations to trawl 
gear.
    Table 6 lists the proposed 2011 allocations of rockfish in the 
Central GOA to trawl and longline gear in the entry level rockfish 
fishery. Allocations of primary rockfish species TACs among 
participants in the Rockfish Program are not included in the proposed 
harvest specifications because applications for C/P and CV cooperatives 
are due to NMFS on March 1 of each calendar year, thereby preventing 
NMFS from calculating proposed 2011 allocations. NMFS will post these 
allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm when 
they become available in March 2011.

     Table 6--Proposed 2011 Allocations of Rockfish in the Central Gulf of Alaska to Trawl and Longline Gear\1\ in the Entry Level Rockfish Fishery
                                                         [Values are rounded to the nearest mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Incidental                                                      Entry level     Entry level
                 Species                   Proposed TAC        catch       TAC minus ICA      5% TAC         2.5% TAC          trawl         longline
                                                             allowance                                                      allocation      allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch.....................          10,377             500           9,877             494             247             375             119
Northern rockfish.......................           2,259             100           2,159             108              54               0             108
Pelagic shelf rockfish..................           3,035             100           2,935             147              74               0             147
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................          15,671             700          14,971             749             375             375             374
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes jig and hook-and-line gear.

Proposed Halibut Prohibited Species Catch (PSC) Limits

    Section 679.21(d) establishes annual halibut PSC limit 
apportionments to trawl and hook-and-line gear, and permits the 
establishment of apportionments for pot gear. In October 2010, the 
Council recommended that NMFS maintain the 2010 halibut PSC limits of 
2,000 mt for the trawl fisheries and 300 mt for the hook-and-line 
fisheries. The Alaska Department of Fish and Game sets the GHL after 
estimates of incidental catch in all fisheries (including halibut and 
subsistence) and allocation to the sport fish fishery have been 
deducted.
    Ten mt of the hook-and-line limit is further allocated to the 
demersal shelf rockfish (DSR) fishery in the SEO District. The DSR 
fishery is defined at Sec.  679.21(d)(4)(iii)(A). This fishery has been 
apportioned 10 mt in recognition of its small scale harvests. Most 
vessels in the DSR fishery are less than 60 ft (18.3 m) length overall 
and are exempt from observer coverage. Therefore, observer data are not 
available to verify actual bycatch amounts. NMFS estimates low halibut 
bycatch in the DSR fishery because: the duration of the DSR fisheries 
and the gear soak times are short; the DSR fishery occurs in the winter 
when less overlap occurs in the distribution of DSR and halibut; and, 
the directed commercial DSR fishery has a low DSR TAC. Of the 295 mt 
TAC for DSR in 2010, 100 mt were available for the directed commercial 
fishery, of which 30 mt were harvested.
    The FMP authorizes the Council to exempt specific gear from the 
halibut PSC limit. NMFS, after consultation with the Council, proposes 
to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear 
fishery categories from the non-trawl halibut PSC limit for 2011 and 
2012. The Council recommended and NMFS is proposing these exemptions 
because (1) the pot gear fisheries have low annual halibut bycatch 
mortality (averaging 18 mt annually from 2001 through 2009); (2) the 
IFQ program regulations prohibit discard of halibut if any halibut IFQ 
permit holder on board a CV holds unused halibut IFQ (Sec.  
679.7(f)(11)); (3) Sablefish IFQ fishermen typically hold halibut IFQ 
permits and are therefore required to retain the halibut they catch 
while fishing sablefish IFQ; and (4) NMFS estimates negligible halibut 
mortality for the jig gear fisheries. Halibut mortality is assumed to 
be negligible in the jig gear fisheries given the small amount of 
groundfish harvested by jig gear (averaging 261 mt annually from 2001 
through 2009), the selective nature of jig gear, and the high survival 
rates of halibut caught and released with jig gear.
    Section 679.21(d)(5) authorizes NMFS to seasonally apportion the 
halibut PSC limits after consultation with the Council. The FMP and 
regulations require that the Council and NMFS consider the following 
information in seasonally apportioning halibut PSC limits: (1) Seasonal 
distribution of halibut; (2) seasonal distribution of target groundfish 
species relative to halibut distribution; (3) expected halibut bycatch 
needs on a seasonal basis relative to changes in halibut biomass and 
expected catch of target groundfish species; (4) expected bycatch rates 
on a seasonal basis; (5) expected changes in directed groundfish 
fishing seasons; (6) expected actual start of fishing effort; and (7) 
economic effects of establishing seasonal halibut allocations on 
segments of the target groundfish industry.
    The final 2010 and 2011 harvest specifications for halibut PSC (75 
FR 11749, March 12, 2010) summarized the Council's and NMFS' findings 
with respect to each of these FMP considerations. The Council's and 
NMFS' findings for 2011 and 2012 are unchanged from 2010. Table 7 lists 
the proposed 2011 and 2012 Pacific halibut PSC limits, allowances, and 
apportionments. Section 679.21(d)(5)(iii) and (iv), respectively, 
specify that any underages or overages of a seasonal apportionment of a 
PSC limit will be added to, or removed from, the next respective 
seasonal apportionment within the fishing year.

[[Page 76362]]



                               Table 7--Proposed 2011 and 2012 Pacific Halibut PSC Limits, Allowances, and Apportionments
                                                               [Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Trawl gear                                                             Hook-and-line gear \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Other than DSR                                    DSR
                 Season                     Percent     Amount  ----------------------------------------------------------------------------------------
                                                                           Season             Percent     Amount             Season              Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
January 20-April 1......................        27.5        550  January 1-June 10.........         86        250  January 1-December 31.....         10
April 1-July 1..........................        20          400  June 10-September 1.......          2          5
July 1-September 1......................        30          600  September 1-December 31...         12         35
September 1-October 1...................         7.5        150
October 1-December 31...................        15          300
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................  ..........      2,000  ..........................  .........        290  ..........................         10
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific halibut PSC limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and fisheries other than DSR. The
  hook-and-line IFQ sablefish fishery is exempt from halibut PSC limits, as are pot and jig gear fisheries for all groundfish species.

    Section 679.21(d)(3)(ii) authorizes further apportionment of the 
trawl halibut PSC limit to trawl fishery categories. The annual 
apportionments are based on each category's proportional share of the 
anticipated halibut bycatch mortality during a fishing year and 
optimization of the total amount of groundfish harvest under the 
halibut PSC limit. The fishery categories for the trawl halibut PSC 
limits are (1) a deep-water species category, composed of sablefish, 
rockfish, deep-water flatfish, rex sole, and arrowtooth flounder; and 
(2) a shallow-water species category, comprised of pollock, Pacific 
cod, shallow-water flatfish, flathead sole, Atka mackerel, skates, 
sharks, squids, sculpins, and octopuses (Sec.  679.21(d)(3)(iii)). 
Table 8 lists the proposed 2011 and 2012 seasonal apportionments of 
Pacific halibut PSC trawl limits between the deep-water and the 
shallow-water species categories. Based on public comment and 
information contained in the final 2010 SAFE report, the Council may 
recommend or NMFS may make changes to the seasonal, gear-type, or 
fishery category apportionments of halibut PSC limits for the final 
2011 and 2012 harvest specifications.

Table 8--Proposed 2011 and 2012 Seasonal Apportionments of the Pacific Halibut PSC Limit Apportioned Between the
                       Trawl Gear Shallow-Water Species and Deep-Water Species Categories
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                 Season                          Shallow-water              Deep-water \1\             Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1......................  450.......................  100.......................             550
April 1-July 1..........................  100.......................  300.......................             400
July 1-September 1......................  200.......................  400.......................             600
September 1-October 1...................  150.......................  Any remainder.............             150
                                         -----------------------------------------------------------------------
    Subtotal January 20-October 1.......  900.......................  800.......................           1,700
                                         -----------------------------------------------------------------------
October 1-December 31 \2\...............  ..........................  ..........................             300
                                         -----------------------------------------------------------------------
    Total...............................  ..........................  ..........................           2,000
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Central Gulf of Alaska Rockfish Program will receive a portion
  of the third season (July 1-September 1) deep-water category halibut PSC apportionment. At this time, this
  amount is not known but will be posted later on the Alaska Region Web site at http://alaskafisheries.noaa.gov
  when it becomes available.
\2\ There is no apportionment between shallow-water and deep-water trawl fishery categories during the fifth
  season (October 1 through December 31).

Estimated Halibut Bycatch in Prior Years

    The best available information on estimated halibut bycatch is data 
collected by observers during 2010. The calculated halibut bycatch 
mortality by trawl, hook-and-line, and pot gears through October 2, 
2010, is 1,276 mt, 214 mt, and 26 mt, respectively, for a total halibut 
mortality of 1,516 mt. This mortality was calculated using groundfish 
and halibut catch data from the NMFS Alaska Region's catch accounting 
system. This system contains historical and recent catch information 
compiled from each Alaska groundfish fishery.
    Halibut bycatch restrictions seasonally constrained trawl gear 
fisheries during the 2010 fishing year. Table 9 displays the closure 
dates for fisheries that resulted from the attainment of seasonal or 
annual halibut PSC limits. NMFS does not know the amount of groundfish 
that trawl gear might have harvested if halibut PSC limits had not 
restricted some 2010 GOA groundfish fisheries.

[[Page 76363]]



                 Table 9--2010 Fishery Closures Due to Attainment of Pacific Halibut PSC Limits
----------------------------------------------------------------------------------------------------------------
       Fishery category           Opening date      Closure date              Federal Register citation
----------------------------------------------------------------------------------------------------------------
Trawl Deep-water, season 2....  January 20, 2010  April 28, 2010..  75 FR 23189, May 3, 2010.
Trawl Shallow-water,season 4    September 1,      September 3,      75 FR 54290, September 7, 2010.
 \1\.                            2010.             2010.
Trawl, Shallow-water,season 4.  September 11,     Unknown.........  75 FR 56017, September 15, 2010.
                                 2010.
Hook-and-line gear, all         January 1, 2010.  Unknown.........
 targets \2\.
----------------------------------------------------------------------------------------------------------------
\1\ With the exception of vessels participating in the Central GOA Rockfish Program.
\2\ With the exception of sablefish, open March 6, 2010, through November 15, 2010.

Comparison of Final 2010 ABC Amounts With Proposed 2011 and 2012 ABC 
Amounts

    Proposed 2011 and 2012 ABCs for pollock, Pacific cod, deep-water 
flatfish, rougheye rockfish, and flathead sole are higher than the 
final specifications established for 2010, while the proposed 2011 and 
2012 ABCs for sablefish, rex sole, Pacific ocean perch, northern 
rockfish, and pelagic shelf rockfish are lower than those established 
for 2010. These differences reflect the stock projections and trends 
made for these species during the final GOA groundfish harvest 
specifications process in November 2009. For the remaining target 
species, the Council recommended and NMFS proposes ABC levels that are 
unchanged from 2010. As previously described, the ``other species'' 
category has been dissolved into its component species categories 
(sharks, octopuses, squids, and sculpins). The Council recommended 
individual TAC limits for each of these new categories for 2011 and 
2012. More information on these changes is included in the final 2009 
SAFE report (see ADDRESSES) and will be updated with the 2010 SAFE 
report, which will be available for Council approval at its December 
2010 meeting.
    In the GOA, the total proposed 2011 and 2012 TAC amounts are 
330,746 mt, an increase of 13 percent from the 2010 TAC total of 
292,087 mt. Table 10 compares the final 2010 TACs to the proposed 2011 
and 2012 TACs.

   Table 10--Comparison of Final 2010 and Proposed 2011 and 2012 Total
           Allowable Catch (TAC) Amounts in the Gulf of Alaska
                       [Values are in metric tons]
------------------------------------------------------------------------
                                                          Proposed 2011
               Species                Final 2010  TACs    and 2012 TACS
------------------------------------------------------------------------
Pollock.............................            84,745           109,105
Pacific cod.........................            59,563            73,426
Sablefish...........................            10,370             9,300
Shallow water flatfish..............            20,062            20,062
Deep-water flatfish.................             6,190             6,325
Rex sole............................             9,729             9,592
Arrowtooth flounder.................            43,000            43,000
Flathead sole.......................            10,411            10,576
Pacific ocean perch.................            17,584            16,993
Northern rockfish...................             5,098             4,808
Rougheye rockfish...................             1,302             1,313
Shortraker rockfish.................               914               914
Other rockfish......................             1,192             1,192
Pelagic shelf rockfish..............             5,059             4,727
Demersal shelf rockfish.............               295               295
Thornyhead rockfish.................             1,770             1,770
Atka mackerel.......................             2,000             2,000
Big skates..........................             3,328             3,328
Longnose skates.....................             2,852             2,852
Other skates........................             2,093             2,093
Other species \1\...................             4,500               n/a
Sharks..............................               n/a               957
Squids..............................               n/a             1,148
Octopuses...........................               n/a               224
Sculpins............................               n/a             4,746
                                     -----------------------------------
    Total...........................           292,087           330,746
------------------------------------------------------------------------
\1\ The other species category, for the purpose of the annual harvest
  specifications, was dissolved in 2010 into its major taxonomic
  components; sharks, squid, octopuses, and sculpins (75 FR 61639,
  October 6, 2010).

Current Estimates of Halibut Biomass and Stock Condition

    The most recent halibut stock assessment was developed by the IPHC 
staff in December 2009 for the 2010 commercial fishery; this assessment 
was considered by the IPHC at its annual January 2010 meeting. Since 
2006, the IPHC stock assessment has been fitted to a coastwide data set 
(including the United States and Canada) to estimate total exploitable 
biomass. Coastwide exploitable biomass at the beginning of 2010 is 
estimated to be 334 million pounds. The assessment revised last year's 
estimate of 325 million pounds at the start of 2009 downwards to 291 
million pounds and projects an increase of 14 percent over that value 
to arrive at the 2010 value of 334 million pounds. At least part, if 
not most, of the

[[Page 76364]]

downward revision for 2009 is believed to be caused by the ongoing 
decline in size and age, which continues for all ages in all areas. 
Projections based on the currently estimated age compositions suggest 
that the exploitable and female spawning biomasses will continue to 
increase over the next several years as a sequence of strong year 
classes recruit to the legal-sized component of the population. The 
coastwide exploitable biomass was apportioned among regulatory areas in 
accordance with survey estimates of relative abundance and other 
considerations. The assessment recommends a coastwide harvest rate of 
20 percent of the exploitable biomass overall, but a lower harvest rate 
of 15 percent for Areas 4A, 4B, 4C, 4D, and 4E and 3B.
    The halibut resource is fully utilized. Recent catches, over the 
last 16 years (1994-2009) in the commercial halibut fisheries in 
Alaska, have averaged 32,850 mt round weight. In January 2010, the IPHC 
recommended Alaska commercial catch limits totaling 24,372 mt round 
weight for 2010, a 7.5 percent decrease from 26,338 mt in 2009. Through 
November 15, 2010, commercial hook-and-line harvests of halibut off 
Alaska totaled 25,286 mt round weight.
    Additional information on the Pacific halibut stock assessment may 
be found in the IPHC's 2009 Pacific halibut stock assessment (December 
2009), available on the IPHC Web site at http://www.iphc.washington.edu. The IPHC will consider the 2010 Pacific 
halibut assessment for 2011 at its January 2011 annual meeting when it 
will set the 2011 commercial halibut fishery catch limits.

Other Factors

    The IPHC will adjust the allowable commercial catch of halibut to 
account for the overall halibut PSC limit established for groundfish 
fisheries. The 2011 and 2012 groundfish fisheries are expected to use 
the entire proposed annual halibut PSC limit of 2,300 mt. The allowable 
directed commercial catch is determined by first accounting for 
recreational and subsistence catch, waste, and bycatch mortality, and 
then provides the remainder to the directed fishery. Groundfish fishing 
is not expected to affect adversely the halibut stocks. Methods 
available for reducing halibut bycatch include (1) consistent 
monitoring through publication of individual vessel bycatch rates on 
the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov, (2) 
modifications to gear, (3) changes in groundfish fishing seasons, (4) 
individual transferable quota programs, and (5) time/area closures.
    With respect to fishing gear modifications, various regulations 
have been implemented to address halibut bycatch concerns that are 
associated with different gear types. The definitions of the various 
gear types defined at Sec.  679.2 under ``Authorized fishing gear'' 
delineate a variety of different requirements and restrictions by gear 
type. Many of these requirements are intended to decrease or minimize 
halibut bycatch by pot, trawl, and hook-and-line gear types.
    For example, groundfish pots must be constructed with biodegradable 
panels and tunnel openings in order to reduce halibut bycatch, thereby 
reducing halibut mortality in the groundfish pot fisheries. Further, 
the definition of ``pelagic trawl gear'' includes specific construction 
parameters and performance characteristics that distinguish it from 
nonpelagic trawl gear, which is designed for use in proximity to the 
seafloor. Because halibut bycatch by pelagic trawl gear is minimal, 
directed fishing for pollock with pelagic gear may continue even when 
the halibut PSC limit for the shallow-water species complex is reached 
(see Sec.  679.7(d)(7)(i)). Finally, all hook-and-line vessel operators 
are required to employ careful release measures when handling halibut 
bycatch (Sec.  679.7(a)(13)). These measures are intended to reduce 
handling mortality, thereby lowering overall halibut bycatch mortality 
in the groundfish fisheries, and to increase the amount of groundfish 
harvested under the available halibut mortality bycatch limits.
    The FMP requires that the Council review recent halibut bycatch 
data and recommend proposed halibut PSC limits in conjunction with 
developing proposed groundfish harvest levels. NMFS and the Council 
will review the methods available for reducing halibut bycatch listed 
here to determine their effectiveness and will initiate changes, as 
necessary, in response to this review or to public testimony and 
comment. At its December 2010 meeting, the Council is scheduled to 
review a discussion paper on GOA halibut PSC and potentially consider 
alternatives for analysis that would change how GOA halibut PSC limits 
currently are established.

Halibut Discard Mortality Rates

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator uses observed halibut bycatch rates, discard 
mortality rates (DMR), and estimates of groundfish catch to project 
when a fishery's halibut bycatch mortality allowance or seasonal 
apportionment is reached. The DMRs are based on the best information 
available, including information contained in the annual SAFE report.
    NMFS proposes the Council's recommendation that the halibut DMRs 
developed and recommended by the International Pacific Halibut 
Commission (IPHC) for the 2010 GOA groundfish fisheries be used for 
monitoring the proposed 2011 and 2012 halibut bycatch mortality 
allowances (see Table 11). The IPHC developed the DMRs for the 2010 GOA 
groundfish fisheries using the 10-year mean DMRs for those fisheries. 
Long-term average DMRs were not available for some fisheries, so rates 
from the most recent years were used. For the squid, shark, sculpin, 
octopus, and skate fisheries, where insufficient mortality data are 
available, the mortality rate of halibut caught in the Pacific cod 
fishery for that gear type was recommended as a default rate. The IPHC 
will analyze observer data annually and recommend changes to the DMRs 
when a fishery DMR shows large variation from the mean. A discussion of 
the DMRs and their justification is presented in Appendix 2 to the 2009 
SAFE report (see ADDRESSES). Table 11 lists the proposed 2011 and 2012 
DMRs.

  Table 11--Proposed 2011 and 2012 Halibut Discard Mortality Rates for
                  Vessels Fishing in the Gulf of Alaska
           [Values are percent of halibut assumed to be dead]
------------------------------------------------------------------------
                                                             Mortality
              Gear                    Target fishery         rate (%)
------------------------------------------------------------------------
Hook-and-line..................  Other fisheries \1\....              12
                                 Skates.................              12

[[Page 76365]]

 
                                 Pacific cod............              12
                                 Rockfish...............               9
Trawl..........................  Arrowtooth flounder....              72
                                 Deep-water flatfish....              48
                                 Flathead sole..........              65
                                 Non-pelagic pollock....              59
                                 Other fisheries........              62
                                 Pacific cod............              62
                                 Pelagic pollock........              76
                                 Rex sole...............              64
                                 Rockfish...............              67
                                 Sablefish..............              65
                                 Shallow-water flatfish.              71
Pot............................  Other fisheries........              17
                                 Pacific cod............              17
------------------------------------------------------------------------
\1\ Other fisheries includes all gear types for Atka mackerel, sculpin,
  shark, skate, squids, octopuses, and hook-and-line sablefish.

American Fisheries Act (AFA) Catcher/Processor and Catcher Vessel 
Groundfish Sideboard Limits

    Section 679.64 establishes groundfish harvesting and processing 
sideboard limits on AFA C/Ps and CVs in the GOA. These sideboard limits 
are necessary to protect the interests of fishermen and processors who 
do not directly benefit from the AFA from those fishermen and 
processors who receive exclusive harvesting and processing privileges 
under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA C/Ps from 
harvesting any species of fish in the GOA. Additionally, Sec.  
679.7(k)(1)(iv) prohibits listed AFA C/Ps from processing any pollock 
harvested in a directed pollock fishery in the GOA and any groundfish 
harvested in Statistical Area 630 of the GOA.
    AFA CVs that are less than 125 ft (38.1 m) length overall, have 
annual landings of pollock in the Bering Sea and Aleutian Islands of 
less than 5,100 mt, and have made at least 40 landings of GOA 
groundfish from 1995 through 1997 are exempt from GOA sideboard limits 
under Sec.  679.64(b)(2)(ii). Sideboard limits for non-exempt AFA CVs 
operating in the GOA are based on their traditional harvest levels of 
TAC in groundfish fisheries covered by the FMP. Section 
679.64(b)(3)(iii) establishes the groundfish sideboard limitations in 
the GOA based on the retained catch of non-exempt AFA CVs of each 
sideboard species from 1995 through 1997 divided by the TAC for that 
species over the same period. Table 12 lists the proposed 2011 and 2012 
groundfish sideboard limits for non-exempt AFA CVs. NMFS will deduct 
all targeted or incidental catch of sideboard species made by non-
exempt AFA CVs from the sideboard limits listed in Table 12.

  Table 12--Proposed 2011 and 2012 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Harvest
                                                Sideboard Limits
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-                   Proposed 2011
                                                                     1997 non-                     and 2012 non-
           Species              Apportionments    Area/component   exempt AFA CV   Proposed 2011   exempt AFA CV
                                by season/gear                    catch to 1995-   and 2012 TACs     sideboard
                                                                     1997 TAC                          limit
----------------------------------------------------------------------------------------------------------------
Pollock......................  A Season........  Shumagin (610).          0.6047           7,342           4,440
                               January 20-March  Chirikof (620).          0.1167          11,129           1,299
                                10.
                                                 Kodiak (630)...          0.2028           5,823           1,181
                               B Season........  Shumagin (610).          0.6047           7,342           4,440
                               March 10-May 31.  Chirikof (620).          0.1167          13,128           1,532
                                                 Kodiak (630)...          0.2028           3,824             776
                               C Season........  Shumagin (610).          0.6047          10,022           6,060
                               August 25-        Chirikof (620).          0.1167           6,451             753
                                October 1.
                                                 Kodiak (630)...          0.2028           7,820           1,586
                               D Season........  Shumagin (610).          0.6047          10,022           6,060
                               October 1-        Chirikof (620).          0.1167           6,451             753
                                November 1.
                                                 Kodiak (630)...          0.2028           7,820           1,586
                               Annual..........  WYK (640)......          0.3495           2,686             939
                                                 SEO (650)......          0.3495           9,245           3,231
Pacific cod..................  A Season \1\....  W inshore......          0.1365          13,877           1,894
                               January 1-June    W offshore.....          0.1026           1,542             158
                                10.
                                                 C inshore......          0.0689          24,583           1,694
                                                 C offshore.....          0.0721           2,731             197
                               B Season\2\.....  W inshore......          0.1365           9,252           1,263
                               September 1-      W offshore.....          0.1026           1,028             105
                                December 31.

[[Page 76366]]

 
                                                 C inshore......          0.0689          16,389           1,129
                                                 C offshore.....          0.0721           1,821             131
                               Annual..........  E inshore......          0.0079           1,983              16
                                                 E offshore.....          0.0078             220               2
Sablefish....................  Annual, trawl     W..............          0.0000             298               0
                                gear.
                                                 C..............          0.0642             808              52
                                                 E..............          0.0433             189               8
Flatfish, deep-water.........  Annual..........  W..............          0.0000             530               0
                                                 C..............          0.0647           2,928             189
                                                 E..............          0.0128           2,867              37
Flatfish, shallow-water......  Annual..........  W..............          0.0156           4,500              70
                                                 C..............          0.0587          13,000             763
                                                 E..............          0.0126           2,562              32
Rex sole.....................  Annual..........  W..............          0.0007           1,521               1
                                                 C..............          0.0384           6,312             242
                                                 E..............          0.0029           1,759               5
Arrowtooth flounder..........  Annual..........  W..............          0.0021           8,000              17
                                                 C..............          0.0280          30,000             840
                                                 E..............          0.0002           5,000               1
Flathead sole................  Annual..........  W..............          0.0036           2,000               7
                                                 C..............          0.0213           5,000             107
                                                 E..............          0.0009           3,576               3
Pacific ocean perch..........  Annual..........  W..............          0.0023           2,797               6
                                                 C..............          0.0748          10,377             776
                                                 E..............          0.0466           3,819             178
Northern rockfish............  Annual..........  W..............          0.0003           2,549               1
                                                 C..............          0.0277           2,259              63
Rougheye rockfish............  Annual..........  W..............          0.0000              81               0
                                                 C..............          0.0237             869              21
                                                 E..............          0.0124             363               5
Shortraker rockfish..........  Annual..........  W..............          0.0000             134               0
                                                 C..............          0.0218             325               7
                                                 E..............          0.0110             455               5
Other rockfish...............  Annual..........  W..............          0.0034             212               1
                                                 C..............          0.1699             507              86
                                                 E..............          0.0000             473               0
Pelagic shelf rockfish.......  Annual..........  W..............          0.0001             607               0
                                                 C..............          0.0000           3,035               0
                                                 E..............          0.0067           1,085               7
Demersal shelf rockfish......  Annual..........  SEO............          0.0020             295               1
Thornyhead rockfish..........  Annual..........  W..............          0.0280             425              12
                                                 C..............          0.0280             637              18
                                                 E..............          0.0280             708              20
Atka mackerel................  Annual..........  Gulfwide.......          0.0309           2,000              62
Big skates...................  Annual..........  W..............          0.0063             598               4
                                                 C..............          0.0063           2,049              13
                                                 E..............          0.0063             681               4
Longnose skates..............  Annual..........  W..............          0.0063              81               0
                                                 C..............          0.0063           2,009              13
                                                 E..............          0.0063             762               5
Other skates.................  Annual..........  Gulfwide.......          0.0063           2,093              13
Sharks.......................  Annual..........  Gulfwide.......          0.0063             957               6
Squids.......................  Annual..........  Gulfwide.......          0.0063           1,148               7
Sculpin......................  Annual..........  Gulfwide.......          0.0063           4,746              30
Octopuses....................  Annual..........  Gulfwide.......          0.0063             224               1
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.

Non-Exempt AFA Catcher Vessel Halibut PSC Limits

    The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA 
are based on the aggregate retained groundfish catch by non-exempt AFA 
CVs in each PSC target category from 1995 through 1997 divided by the 
retained catch of all vessels in that fishery from 1995 through 1997 
(Sec.  679.64(b)(4)). Table 13 lists the proposed 2011 and 2012 non-
exempt AFA CV halibut PSC limits for vessels using trawl gear in the 
GOA.

[[Page 76367]]



  Table 13--Proposed 2011 and 2012 Non-Exempt American Fisheries Act Catcher Vessel Halibut Prohibited Species
                           Catch (PSC) Limits for Vessels using Trawl Gear in the GOA
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                             Ratio of 1995-
                                                             1997 non-exempt                      Proposed 2011
                                                             AFA CV retained    Proposed 2011     and 2012 non-
        Season            Season dates     Target fishery    catch to total     and 2012 PSC      exempt AFA CV
                                                             retained catch         limit           PSC limit
 
----------------------------------------------------------------------------------------------------------------
1.....................  January 20-April  shallow-water...             0.340               450               153
                         1.
                                          deep-water......             0.070               100                 7
2.....................  April 1-July 1..  shallow-water...             0.340               100                34
                                          deep-water......             0.070               300                21
3.....................  July 1-September  shallow-water...             0.340               200                68
                         1.
                                          deep-water......             0.070               400                28
4.....................  September 1-      shallow-water...             0.340               150                51
                         October 1.
                                          deep-water......             0.070                 0                 0
5.....................  October 1-        all targets.....             0.205               300                62
                         December 31.
----------------------------------------------------------------------------------------------------------------

Non-AFA Crab Vessel Groundfish Sideboard Limits

    Section 680.22 establishes groundfish catch limits for vessels with 
a history of participation in the Bering Sea snow crab fishery to 
prevent these vessels from using the increased flexibility provided by 
the Crab Rationalization Program to expand their level of participation 
in the GOA groundfish fisheries. Sideboard limits restrict these 
vessels' catch to their collective historical landings in all GOA 
groundfish fisheries (except the fixed-gear sablefish fishery). 
Sideboard limits also apply to landings made using a License Limitation 
Program (LLP) license derived from the history of a restricted vessel, 
even if that LLP is used on another vessel.
    Sideboard limits for non-AFA crab vessels operating in the GOA are 
based on their traditional harvest levels of TAC in groundfish 
fisheries covered by the FMP. Section 680.22(d) and (e) base the 
groundfish sideboard limits in the GOA on the retained catch by non-AFA 
crab vessels of each sideboard species from 1996 through 2000 divided 
by the total retained harvest of that species over the same period. 
Table 14 lists these proposed 2011 and 2012 groundfish sideboard 
limitations for non-AFA crab vessels. All targeted or incidental catch 
of sideboard species made by non-AFA crab vessels will be deducted from 
the sideboard limits in Table 14.
    Vessels exempt from Pacific cod sideboards are those that landed 
less than 45,359 kilograms of Bering Sea snow crab and more than 500 mt 
of groundfish (in round weight equivalents) from the GOA between 
January 1, 1996, and December 31, 2000, and any vessel named on an LLP 
that was based in whole or in part on the fishing history of a vessel 
meeting the criteria in Sec.  680.22(a)(3).

 Table 14--Proposed 2011 and 2012 GOA Non-American Fisheries Act Crab Vessel Groundfish Harvest Sideboard Limits
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1996-                   Proposed 2011
                                                                   2000 non-AFA                    and 2012 non-
                                                                    crab vessel    Proposed 2011     AFA crab
           Species                Season/gear     Area/component  catch to 1996-   and 2012 TACs      vessel
                                                                    2000 total                       sideboard
                                                                      harvest                          limit
----------------------------------------------------------------------------------------------------------------
Pollock......................  A Season........  Shumagin (610).          0.0098           7,342              72
                               January 20-March
                                10.
                                                 Chirikof (620).          0.0031          11,129              34
                                                 Kodiak (630)...          0.0002           5,823               1
                               B Season........  Shumagin (610).          0.0098           7,342              72
                               March 10-May 31.
                                                 Chirikof (620).          0.0031          13,128              41
                                                 Kodiak (630)...          0.0002           3,824               1
                               C Season........  Shumagin (610).          0.0098          10,022              98
                               August 25-
                                October 1.
                                                 Chirikof (620).          0.0031           6,451              20
                                                 Kodiak (630)...          0.0002           7,820               2
                               D Season........  Shumagin (610).          0.0098          10,022              98
                               October 1-
                                November 1.
                                                 Chirikof (620).          0.0031           6,451              20
                                                 Kodiak (630)...          0.0002           7,820               2
                               Annual..........  WYK (640)......          0.0000           2,686               0
                                                 SEO (650)......          0.0000           9,245               0
Pacific cod..................  A Season\1\.....  W inshore......          0.0902          13,877           1,252
                               January 1-June
                                10.
                                                 W offshore.....          0.2046           1,542             315
                                                 C inshore......          0.0383          24,583             942
                                                 C offshore.....          0.2074           2,731             566

[[Page 76368]]

 
                               B Season\2\.....  W inshore......          0.0902           9,252             835
                               September 1-
                                December 31.
                                                 W offshore.....          0.2046           1,028             210
                                                 C inshore......          0.0383          16,389             628
                                                 C offshore.....          0.2074           1,821             378
                               Annual..........  E inshore......          0.0110           1,983              22
                                                 E offshore.....          0.0000             220               0
Sablefish....................  Annual, trawl     W..............          0.0000             298               0
                                gear.
                                                 C..............          0.0000             808               0
                                                 E..............          0.0000             188               0
Flatfish, deep-water.........  Annual..........  W..............          0.0035             530               2
                                                 C..............          0.0000           2,928               0
                                                 E..............          0.0000           2,867               0
Flatfish, shallow-water......  Annual..........  W..............          0.0059           4,500              27
                                                 C..............          0.0001          13,000               1
                                                 E..............          0.0000           2,562               0
Rex sole.....................  Annual..........  W..............          0.0000           1,521               0
                                                 C..............          0.0000           6,312               0
                                                 E..............          0.0000           1,759               0
Arrowtooth flounder..........  Annual..........  W..............          0.0004           8,000               3
                                                 C..............          0.0001          30,000               3
                                                 E..............          0.0000           5,000               0
Flathead sole................  Annual..........  W..............          0.0002           2,000               0
                                                 C..............          0.0004           5,000               2
                                                 E..............          0.0000           3,576               0
Pacific ocean perch..........  Annual..........  W..............          0.0000           2,797               0
                                                 C..............          0.0000          10,377               0
                                                 E..............          0.0000           3,819               0
Northern rockfish............  Annual..........  W..............          0.0005           2,549               1
                                                 C..............          0.0000           2,259               0
Rougheye rockfish............  Annual..........  W..............          0.0067              81               1
                                                 C..............          0.0047             869               4
                                                 E..............          0.0008             363               0
Shortraker rockfish..........  Annual..........  W..............          0.0013             134               0
                                                 C..............          0.0012             325               0
                                                 E..............          0.0009             455               0
Other rockfish...............  Annual..........  W..............          0.0035             212               1
                                                 C..............          0.0033             507               2
                                                 E..............          0.0000             473               0
Pelagic shelf rockfish.......  Annual..........  W..............          0.0017             607               1
                                                 C..............          0.0000           3,035               0
                                                 E..............          0.0000           1,085               0
Demersal shelf rockfish......  Annual..........  SEO............          0.0000             295               0
Thornyhead rockfish..........  Annual..........  W..............          0.0047             425               2
                                                 C..............          0.0066             637               4
                                                 E..............          0.0045             708               3
Atka mackerel................  Annual..........  Gulfwide.......          0.0000           2,000               0
Big skate....................  Annual..........  W..............          0.0392             598              23
                                                 C..............          0.0159           2,049              33
                                                 E..............          0.0000             681               0
Longnose skate...............  Annual..........  W..............          0.0392              81               3
                                                 C..............          0.0159           2,009              32
                                                 E..............          0.0000             762               0
Other skates.................  Annual..........  Gulfwide.......          0.0176           2,093              37
Sharks.......................  Annual..........  Gulfwide.......          0.0176             957              17
Squids.......................  Annual..........  Gulfwide.......          0.0176           1,148              20
Octopuses....................  Annual..........  Gulfwide.......          0.0176             224               4
Sculpins.....................  Annual..........  Gulfwide.......          0.0176           4,746              84
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.


[[Page 76369]]

Rockfish Program Groundfish Sideboard Limitations and Halibut Mortality 
Limitations

    Section 679.82(d) establishes sideboards to limit the ability of 
participants eligible for the Rockfish Program to harvest fish in 
fisheries other than the Central GOA rockfish fisheries. The Rockfish 
Program provides harvesters with certain economic advantages, which 
could be used to increase their participation in other fisheries and 
possibly adversely affect the existing participants in those fisheries. 
Traditionally, the Central GOA rockfish fisheries opened in July. The 
sideboards are designed to restrict fishing during the historical 
season for the fishery, but allow eligible rockfish harvesters to 
participate in fisheries before or after the historical rockfish 
season.
    The proposed sideboards for 2011 limit the total amount of catch 
that could be taken by eligible harvesters and limit the amount of 
halibut mortality to historic levels. The sideboard measures are in 
effect only during the month of July. Table 15 lists the proposed 2011 
Rockfish Program harvest limits in the WYK District and the Western 
GOA. Table 16 lists the proposed 2011 Rockfish Program halibut 
mortality limits for C/Ps and CVs.
    As discussed earlier in this preamble, the Rockfish Program will 
expire in December 2011. The Council has proposed a new, revised 
program and associated FMP amendment. NMFS is developing a rulemaking 
to implement the program, if approved by the Secretary. The proposed 
rule and, if approved, the final rule for the new Rockfish Program will 
include revised groundfish sideboards and halibut mortality limits for 
2012. Because the current Rockfish Program expires at the end of 2011, 
these harvest specifications propose groundfish sideboards and halibut 
mortality limits only for 2011.

 Table 15--Proposed 2011 Rockfish Program Harvest Limits by Sector for West Yakutat District and Western GOA by
                           the Catcher/Processor (CP) and Catcher Vessel (CV) Sectors
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                                          Proposed     Proposed
                                                  CP sector    CV sector     Proposed     2011 and     2011 and
             Area                   Fishery       (% of TAC)   (% of TAC)    2011 and     2012 CP      2012 CV
                                                                            2012 TACs      limit        limit
----------------------------------------------------------------------------------------------------------------
West Yakutat District........  Pelagic shelf            72.4          1.7          405          293            7
                                rockfish.
                               Pacific ocean            76.0          2.9        1,937        1,472           56
                                perch.
Western GOA..................  Pelagic shelf            63.3            0          607          384            0
                                rockfish.
                               Pacific ocean            61.1            0        2,797        1,709            0
                                perch.
                               Northern                 78.9            0        2,549        2,011            0
                                rockfish.
----------------------------------------------------------------------------------------------------------------


 Table 16--Proposed 2011 Rockfish Program Halibut Mortality Limits for the Catcher/Processor and Catcher Vessel
                                                     Sectors
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                   Shallow-                                Annual
                                                    water      Deep-water                 shallow-   Annual deep-
                                                   complex      complex       Annual       water         water
                     Sector                      halibut PSC  halibut PSC    halibut      complex      complex
                                                  sideboard    sideboard    mortality   halibut PSC  halibut PSC
                                                    ratio        ratio     limit  (mt)   sideboard    sideboard
                                                  (percent)    (percent)                limit  (mt)  limit  (mt)
----------------------------------------------------------------------------------------------------------------
Catcher/processor..............................         0.54         3.99        2,000           11           80
Catcher vessel.................................         6.32         1.08        2,000          126           22
----------------------------------------------------------------------------------------------------------------

GOA Amendment 80 Vessel Groundfish Harvest and PSC Limits

    Amendment 80 to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (Amendment 80 program) 
established a limited access privilege program for the non-AFA trawl CP 
sector. To limit the ability of participants eligible for the Amendment 
80 program to expand their harvest efforts in the GOA, the Amendment 80 
program established groundfish and halibut PSC limits for Amendment 80 
program participants.
    Section 679.92 establishes groundfish harvesting sideboard limits 
on all Amendment 80 program vessels, other than the F/V GOLDEN FLEECE, 
to amounts no greater than the limits shown in Table 37 to part 679. 
Under regulations at Sec.  679.92(d), the F/V GOLDEN FLEECE is 
prohibited from directed fishing for pollock, Pacific cod, Pacific 
ocean perch, pelagic shelf rockfish, and northern rockfish in the GOA.
    Groundfish sideboard limits for Amendment 80 program vessels 
operating in the GOA are based on their average aggregate harvests from 
1998 to 2004. Table 17 lists the proposed 2011 and 2012 sideboard 
limits for Amendment 80 program vessels. All targeted or incidental 
catch of sideboard species made by Amendment 80 program vessels will be 
deducted from the sideboard limits in Table 17.

[[Page 76370]]



                                Table 17--Proposed 2011 and 2012 GOA Groundfish Sideboard Limits for Amendment 80 Vessels
                                                     [Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Ratio of                          Proposed 2011
                                                                                                      Amendment 80      Proposed 2011       and 2012
                 Species                       Apportionments and                  Area              sector vessels     and 2012 TAC      Amendment 80
                                             allocations by season                                   1998-2004 catch        (mt)             vessel
                                                                                                         to TAC                          sideboards (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock.................................  A Season...................  Shumagin (610).............             0.003             7,342                22
                                          January 20-February 25.....  Chirikof (620).............             0.002            11,129                22
                                                                       Kodiak (630)...............             0.002             5,823                12
                                          B Season...................  Shumagin (610).............             0.003             7,342                22
                                          March 10-May 31............  Chirikof (620).............             0.002            13,128                26
                                                                       Kodiak (630)...............             0.002             3,824                 8
                                          C Season...................  Shumagin (610).............             0.003            10,022                30
                                          August 25-September 15.....  Chirikof (620).............             0.002             6,451                13
                                                                       Kodiak (630)...............             0.002             7,820                16
                                          D Season...................  Shumagin (610).............             0.003            10,022                30
                                          October 1-November 1.......  Chirikof (620).............             0.002             6,451                13
                                                                       Kodiak (630)...............             0.002             7,820                16
                                          Annual.....................  WYK (640)..................             0.002             2,686                 5
Pacific cod.............................  A Season \1\...............  W..........................             0.020            15,419               308
                                          January 1-June 10..........  C..........................             0.044            27,314             1,202
                                          B Season \2\...............  W..........................             0.020            10,280               206
                                          September 1-December 31....  C..........................             0.044            18,210               801
                                          Annual.....................  WYK........................             0.034             2,203                75
Pacific ocean perch.....................  Annual.....................  W..........................             0.994             2,797             2,780
                                                                       WYK........................             0.961             1,937             1,861
Northern rockfish.......................  Annual.....................  W..........................             1.000             2,549             2,549
Pelagic shelf rockfish..................  Annual.....................  W..........................             0.764               607               464
                                                                       WYK........................             0.896               405               363
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.

    The PSC sideboard limits for Amendment 80 program vessels in the 
GOA are based on the historic use of halibut PSC by Amendment 80 
program vessels in each PSC target category from 1998 through 2004. 
These values are slightly lower than the average historic use to 
accommodate two factors: Allocation of halibut PSC cooperative quota 
under the Central GOA Rockfish Program and the exemption of the F/V 
GOLDEN FLEECE from this restriction. Table 18 lists the proposed 2011 
and 2012 halibut PSC limits for Amendment 80 program vessels, as 
proscribed at Table 38 to 50 CFR part 679.

                   Table 18--Proposed 2011 and 2012 Halibut Prohibited Species Catch (PSC) Limits for Amendment 80 Vessels in the GOA
                                                       [Values are rounded to nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Historic
                                                                                                    amendment 80 use                      Proposed 2011
                                                                                                      of the annual     Proposed 2011       and 2012
                 Season                           Season dates                Target fishery           halibut PSC     and 2012 annual    Amendment 80
                                                                                                       limit catch     PSC limit (mt)   vessel PSC limit
                                                                                                         (ratio)                              (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................................  January 20-April 1.........  shallow-water..............            0.0048             2,000                10
                                                                       deep-water.................            0.0115             2,000                23
2.......................................  April 1-July 1.............  shallow-water..............            0.0189             2,000                38
                                                                       deep-water.................            0.1072             2,000               214
3.......................................  July 1-September 1.........  shallow-water..............            0.0146             2,000                29
                                                                       deep-water.................            0.0521             2,000               104
4.......................................  September 1-October 1......  shallow-water..............            0.0074             2,000                15
                                                                       deep-water.................            0.0014             2,000                 3
5.......................................  October 1-December 31......  shallow-water..............            0.0227             2,000                45
                                                                       deep-water.................            0.0371             2,000                74
--------------------------------------------------------------------------------------------------------------------------------------------------------

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.
    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

[[Page 76371]]

proposed groundfish harvest specifications and its alternatives on 
resources in the action area. The EIS found no significant 
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 evaluated the impacts on small entities of alternative harvest 
strategies for the groundfish fisheries in the EEZ 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 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 a 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 GOA in the Federal Register on December 15, 2006 (71 
FR 75460).
    A description of the proposed action, why it is being considered, 
and the legal basis for this proposed action are contained in the 
preamble above. A copy of the analysis is available from NMFS (see 
ADDRESSES). A summary of the IFRA prepared in association with the 2007 
harvest specifications EIS follows.
    The action under consideration is a harvest strategy to govern the 
catch of groundfish in the GOA. 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 747 
small CVs and fewer than 20 small C/Ps. The entities directly regulated 
by this action are those that harvest groundfish in the exclusive 
economic zone of the GOA, and in parallel fisheries within State of 
Alaska waters. These include entities operating CVs and C/Ps within the 
action area, and entities receiving direct allocations of groundfish. 
Catcher vessels and C/Ps were considered to be small entities if they 
had annual gross receipts of $4 million per year or less from all 
economic activities, including the revenue of their affiliated 
operations. Data from 2005 were the most recent available and were used 
to determine the number of small entities.
    Estimates of first wholesale gross revenues for the GOA were used 
as indices of the potential impacts of the alternative harvest 
strategies on small entities. An index of revenues was projected to 
decline under the preferred alternative due to declines in ABCs for key 
species in the GOA. The index of revenues declined by less than 4 
percent between 2006 and 2007 and by less than one percent between 2006 
and 2008.
    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 GOA 
OY, in which case harvests would be limited to the OY. Alternative 3 
would have set TACs to produce fishing rates equal to the most recent 
five-year average fishing rate. Alternative 4 would have set TACs to 
equal the lower limit of the GOA OY range. Alternative 5 would have set 
TACs equal to zero. Alternative 5 is the ``no action'', or status quo, 
alternative.
    Alternatives 3, 4, and 5 were all associated with smaller levels 
for important fishery TACs than Alternative 2. Estimated total first 
wholesale gross revenues were used as an index of potential adverse 
impacts to small entities. As a consequence of the lower TAC levels, 
Alternatives 3, 4, and 5 all had smaller first wholesale revenue 
indices than Alternative 2. Thus, Alternatives 3, 4, and 5 had greater 
adverse impacts on small entities. Alternative 1 appeared to generate 
higher values of the gross revenue index for fishing operations in the 
GOA than Alternative 2. A large part of the Alternative 1 GOA revenue 
appeared to be due to the assumption that the full Alternative 1 TAC 
would be harvested. Much of the larger revenue was due to increases in 
flatfish TACs that were much greater for Alternative 1 than for 
Alternative 2. In recent years, halibut bycatch constraints in these 
fisheries have kept actual flatfish catches from reaching Alternative 1 
levels. Therefore, a large part of the revenues associated with 
Alternative 1 are unlikely to occur. Also, Alternative 2 TACs are 
constrained by the ABCs that the Plan Teams and SSC are likely to 
recommend to the Council on the basis of a full consideration of 
biological issues. These ABCs are often less than Alternative 1's 
maximum permissible ABCs; therefore higher TACs under Alternative 1 may 
not be consistent with prudent biological management of the resource. 
For these reasons, Alternative 2 is the preferred alternative.
    NMFS also prepared a supplemental IRFA (SIRFA) to specifically 
evaluate the proposed specification of separate OFLs and TACs for 
sharks, octopus, squid, and sculpins in the GOA, consistent with the 
previously selected harvest strategy, the tier system in the FMP, 
Amendment 87 to the FMP, the Magnuson-Stevens Act, and other applicable 
law (see ADDRESSES). Amendment 87 to the FMP was approved by NMFS on 
September 22, 2010. The SIRFA augments the IRFA prepared in connection 
with the 2007 Alaska Groundfish Harvest Specification EIS.
    NMFS does not anticipate that the specification of TACs for 
sculpins will have any additional economic impacts on small entities 
beyond those impacts analyzed in the existing harvest specification 
IRFA because the proposed OFL and ABC are relatively large compared to 
recent historical catches.
    In contrast, the proposed OFLs and TACs for sharks, octopuses, and 
squids 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 Status of Groundfish Fisheries Off Alaska report, 
prepared in conjunction with the 2009 SAFE report (see ADDRESSES), 
identifies 702 small groundfish entities operating in the GOA, with 
average revenues from all sources of about $600,000. Most of these 
(697) are CVs. A majority of the CVs, 520, use hook-and-line gear and 
have average revenues of about $490,000, 73 are trawlers with average 
revenues of about $1.27 million, and 142 are pot vessels with average 
revenues of $850,000. There were five CPs, mostly hook-and-line 
vessels, with average gross revenues of about $1.52 million. The 2009 
SAFE report may

[[Page 76372]]

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 squid in other target fisheries.
    Sharks are incidentally caught in a large number of separate 
groundfish fisheries, with over half of the catch reported from 
fisheries using hook-and-line gear. There were an estimated 270 small 
sablefish hook-and-line vessels with an estimated average gross revenue 
from all sources of $770,000, an estimated 128 Pacific cod hook-and-
line vessels with an average gross of $590,000, an estimated 21 small 
pelagic pollock trawlers with average gross revenues of about $1.02 
million, five non-pelagic trawlers targeting arrowtooth flounder with 
average gross revenues of about $580,000, and five non-pelagic trawlers 
targeting shallow water flatfish with average gross revenues of about 
$650,000.
    Most of the octopus catch occurs in the pot gear fishery for 
Pacific cod. There are an estimated 132 small vessels in this fishery, 
with estimated average gross revenues from all sources of about 
$880,000.
    Almost all squid is caught in the pollock trawl fishery. Twenty-one 
small pollock vessels participate in this fishery with average gross 
revenues of about $1.02 million.
    NMFS considered several alternatives to the proposed action of 
specifying separate OFLs and TACS for GOA sculpins, sharks, octopus, 
and squid species complexes. However, each of these alternatives has 
been eliminated from further consideration because it either does not 
minimize significant economic impacts on a substantial number of small 
entities or does not accomplish the stated objectives of, or is in 
conflict with the requirements of, applicable statutes.
    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 sculpins, 
sharks, octopus, and squid species complexes will adversely affect 
small entities.
    NMFS considered dividing the TACs for each of the species complexes 
among different regulatory areas in the GOA. Any such further division 
of the TACs would not change the total TACs for each species complex in 
the GOA 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 GOA, 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 87.
    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 this rule are discussed in the EIS (see ADDRESSES).

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

    Dated: December 2, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-30686 Filed 12-7-10; 8:45 am]
BILLING CODE 3510-22-P