76372 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

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-andline 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 MagnusonStevens 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No.: 101126521–0521–02] 

RIN 0648–XZ90 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands; Proposed 2011 and 

2012 Harvest Specifications for 

Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes 2011 and 

2012 harvest specifications and 

prohibited species catch (PSC) 

allowances for the groundfish fisheries 

of the Bering Sea and Aleutian Islands 

(BSAI) management area. This action is 

necessary to establish harvest limits for 

groundfish during the 2011 and 2012 

fishing years, and to accomplish the 

goals and objectives of the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area. The intended effect 

of this action is to conserve and manage 

the groundfish resources in the BSAI in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act. 

DATES: Comments must be received by 

January 7, 2011. 

ADDRESSES: Send comment to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by RIN 0648– 

XZ90, by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76373 

Federal eRulemaking Portal at http:// 

www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record. No comments will be 

posted to http://www.regulations.gov for 

public viewing until after the comment 

period has closed. Comments will 

generally be posted without change. All 

Personal Identifying Information (for 

example, name, address) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

Confidential Business Information or 

otherwise sensitive or protected 

information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Electronic copies of the Alaska 

Groundfish Harvest Specifications Final 

Environmental Impact Statement (Final 

EIS), the Initial Regulatory Flexibility 

Analysis (IRFA), and the Supplemental 

IRFA prepared for this action may be 

obtained from http:// 

www.regulations.gov or from the Alaska 

Region Web site at http:// 

alaskafisheries.noaa.gov. Copies of the 

final 2009 Stock Assessment and 

Fishery Evaluation (SAFE) report for the 

groundfish resources of the Bering Sea 

and Aleutian Islands, dated November 

2009, are available from the North 

Pacific Fishery Management Council 

(Council) at 605 West 4th Avenue, Suite 

306, Anchorage, AK 99510–2252, phone 

907–271–2809, or from the Council’s 

Web site at http:// 

alaskafisheries.noaa.gov/npfmc. The 

2010 SAFE report for the BSAI will be 

available from the same sources in midNovember 2010. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at 50 CFR part 679 

implement the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) and govern the groundfish 

fisheries in the BSAI. The Council 

prepared the FMP and NMFS approved 

it under the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). General 

regulations governing U.S. fisheries also 

appear at 50 CFR part 600. 

The FMP and its implementing 

regulations require NMFS, after 

consultation with the Council, to 

specify annually the total allowable 

catch (TAC) for each target species 

category, the sum of which must be 

within the optimum yield range of 1.4 

million to 2.0 million metric tons (mt) 

(see § 679.20(a)(1)(i)). Section 

679.20(c)(1) further requires NMFS to 

publish proposed harvest specifications 

in the Federal Register and solicit 

public comments on proposed annual 

TACs and apportionments thereof, 

prohibited species catch (PSC) 

allowances, prohibited species quota 

(PSQ) reserves established by § 679.21, 

seasonal allowances of pollock, Pacific 

cod, and Atka mackerel TAC, American 

Fisheries Act allocations, Amendment 

80 allocations, and Community 

Development Quota (CDQ) reserve 

amounts established by 

§ 679.20(b)(1)(ii). The proposed harvest 

specifications set forth in Tables 1 

through 12 of this action satisfy these 

requirements. 

Under § 679.20(c)(3), NMFS will 

publish the final harvest specifications 

for 2011 and 2012 after (1) considering 

comments received within the comment 

period (see DATES), (2) consulting with 

the Council at its December 2010 

meeting, and (3) considering new 

information presented in the final 2010 

SAFE reports prepared for the 2011 and 

2012 groundfish fisheries. 

Other Actions Potentially Affecting the 

2011 and 2012 Harvest Specifications 

NMFS published a final rule to 

implement Amendments 95 and 96 to 

the FMP on October 6, 2010 (75 FR 

61639), effective November 5, 2010. 

Amendments 95 and 96 move sculpins, 

skates, sharks, and octopuses from the 

‘‘other species’’ category to the ‘‘target 

species’’ category in the BSAI and 

eliminate the ‘‘other species’’ category in 

the FMP. Amendment 96 revises the 

FMP to meet the National Standard 1 

guidelines for annual catch limits and 

accountability measures, and requires 

that overfishing levels (OFLs), 

acceptable biological catches (ABCs), 

and TACs be established for sculpins, 

skates, sharks, and octopuses as part of 

the annual groundfish harvest 

specifications process. Based on the 

2009 SAFE report NMFS proposes 

ABCs, TACs, and OFLs for sculpins, 

skates, sharks, and octopuses listed in 

Table 1. At the November 2010 BSAI 

Groundfish Plan Team (Plan Team) 

meeting, the Plan Team recommended 

that the SSC and Council adopt OFLs 

for octopuses and sharks based upon the 

maximum catch from 1997 through 

2007. This alternative method of 

calculating OFLs varies from the default 

method specified in the BSAI FMP for 

Tier 6 species (section 3.2.4). If 

approved, the alternative method of 

calculating OFL may result in higher 

harvest specification limits for sharks 

and octopuses. 

Amendment 96 to the FMP is 

necessary to comply with MagnusonStevens Act requirements associated 

with annual catch limits and 

accountability measures, and revises 

how total annual groundfish mortality is 

estimated and accounted for in the 

annual SAFE reports. These revisions 

affect the OFLs and ABCs for certain 

groundfish species. Specifically, NMFS 

will attempt to identify additional 

sources of mortality to groundfish stocks 

not currently reported or considered by 

the groundfish stock assessments in 

recommending OFLs, ABCs, and TACs 

for certain groundfish species. These 

additional sources of mortality result 

from recreational fishing, subsistence 

fishing, trawl and hook-and-line 

surveys, exempted fishing permits, 

research, commercial halibut fisheries, 

crab bait, sablefish catch predation by 

whales or other sources of mortality not 

yet identified. Many of the sources of 

this mortality have been identified, 

some of which are currently unreported. 

NMFS intends to develop a single 

database that stock assessment authors 

can access through a single source such 

as the Alaska Fisheries Information 

Network. The development of this 

database will require the cooperation of 

several agencies, including NMFS, the 

Alaska Department of Fish and Game, 

and the International Pacific Halibut 

Commission (IPHC). At its October 2010 

meeting, the Council’s groundfish Plan 

Teams recommended the formation of a 

total catch accounting working group to 

assist NMFS in developing a 

methodology to estimate total catch of 

groundfish. While much of the 

information is currently available and 

will be incorporated into the final 2010 

SAFE reports, the development of an 

adequate methodology is ongoing and 

not fully ready for use in the final SAFE 

reports. NMFS intends to have the 

information available for the assessment 

cycle in the fall of 2011. 

At the October 2010 meeting, the 

Council and the Scientific and 

Statistical Committee (SSC) 

recommended separating Kamchatka 

flounder from the arrowtooth flounder 

complex starting in the year 2011. As a 

result, arrowtooth flounder and 

Kamchatka flounder will have separate 

OFLs, ABCs, and TACs for 2011 and 

2012. Section 305(i)(1)(1)(B)(ii)(II) of the 

MSA addresses allocations to the CDQ 

Program. It requires ‘‘the allocation 

under the program in any directed 

fishery of the Bering Sea and Aleutian 


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Islands (other than a fishery for halibut, 

sablefish, pollock and crab) established 

after the date of enactment of this 

subclause shall be a total allocation 

(directed and nontarget combined) of 

10.7 percent.’’ This requirement was 

added to the MSA through the Coast 

Guard and Maritime Transportation Act 

of 2006 (Public Law 109–241), which 

was signed by the President on July 11, 

2006. Therefore, the creation of a new 

TAC category for Kamchatka flounder in 

2011 would require NMFS to determine 

if an allocation of 10.7 percent of the 

Kamchatka flounder TAC should be 

made to the CDQ Program. NMFS 

requests public comment on the 

following proposal to allocate 10.7 

percent of the Kamchatka flounder TAC 

to the CDQ Program. 

In the final 2007 and 2008 harvest 

specifications for groundfish of the 

BSAI (72 FR 9451, March 2, 2007), 

NMFS explained the determination that 

the term ‘‘directed fishery’’ for purposes 

of section 305(i)(1) of the MSA means a 

fishery for which sufficient TAC exists 

to open a directed fishery for that 

species or species group, and the 

species or species group is economically 

valuable enough for the CDQ groups to 

target them. For Kamchatka flounder 

sufficient TAC exists to open a directed 

fishery for this species, the species is 

economically valuable, directed fishing 

for Kamchatka flounder has been 

conducted in the past, vessel harvesting 

groundfish on behalf of the CDQ groups 

have retained catch reported under the 

combined species code for arrowtooth 

flounder and Kamchatka flounder, 

observers onboard these vessels have 

reported the retention of Kamchatka 

flounder, and NMFS expects that vessel 

operators in the non-CDQ fisheries will 

conduct directed fishing for Kamchatka 

flounder in the future. NMFS does not 

have sufficient information at this time 

to determine if Kamchatka flounder is 

economically valuable enough to the 

CDQ groups for them to target on them 

or conduct directed fisheries for them in 

the future. Therefore, based on the 

information available at this time, 

NMFS initially proposes that 

Kamchatka flounder may meet the 

definition for a ‘‘directed fishery’’ under 

section 305(i)(1) and proposes to 

allocate 10.7 percent of the Kamchatka 

flounder TAC to the CDQ Program. 

NMFS requests comment about the 

economic value of Kamchatka flounder 

and whether the CDQ groups intend to 

conduct directed fishing for Kamchatka 

flounder in the future. For the final 2011 

and 2012 groundfish harvest 

specifications for the BSAI NMFS will 

consider additional information 

provided about the proposed allocation 

of Kamchatka flounder to the CDQ 

Program. Specifically, if NMFS receives 

information that none of the CDQ 

groups intend to conduct directed 

fishing for Kamchatka flounder, then 

NMFS would not allocate 10.7 percent 

of the Kamchatka flounder TAC to the 

CDQ Program. However, if any one of 

the six CDQ groups intends to conduct 

directed fishing for Kamchatka flounder, 

or if NMFS does not receive information 

that demonstrates unanimity among the 

CDQ groups about the economic value 

of Kamchatka flounder to the CDQ 

groups, NMFS would allocate 10.7 

percent of the TAC to the CDQ Program. 

If an allocation of Kamchatka flounder 

is made to the CDQ Program in the final 

2011 and 2012 groundfish harvest 

specifications for the BSAI, this CDQ 

reserve will be allocated among the CDQ 

groups using the same percentage 

allocations currently used to allocate the 

arrowtooth flounder complex among the 

CDQ groups. These percentage 

allocations are shown in Table 1 of a 

notice published in the Federal Register 

on August 31, 2006 (71 FR 51804). The 

current percentage allocations of 

arrowtooth flounder among the CDQ 

groups would be used to allocate 

Kamchatka flounder among the CDQ 

groups because the new TAC category is 

being created by splitting Kamchatka 

flounder from the arrowtooth flounder 

complex. 

The SSC and the Council also 

recommended splitting the BSAI 

rougheye/blackspotted rockfish complex 

ABC and TAC between the Bering Sea 

subarea and the Aleutian Island subarea. 

At the November 2010 meeting, the Plan 

Team recommended splitting the BSAI 

rougheye/blackspotted rockfish complex 

ABC and TAC into two areas, with the 

first area being the Central Aleutian 

Islands and Western Aleutian Islands 

subareas and the second area being the 

Eastern Aleutian Island and Bering Sea 

subareas. The Council could choose 

either or none of these proposals at its 

December 2010 meeting. 

NMFS published a final rule to 

implement Amendment 91 to the FMP 

on August 30, 2010 (75 FR 53026), 

effective September 29, 2010. 

Amendment 91 is a change in 

management of Chinook salmon bycatch 

in the Bering Sea pollock fishery that 

combines a limit on the amount of 

Chinook salmon that may be caught 

incidentally with incentive plan 

agreements and performance standards. 

The final rule also removes from 

regulations the 29,000 Chinook salmon 

PSC limit in the Bering Sea, the Chinook 

Salmon Savings Areas in the Bering Sea, 

exemption from Chinook Salmon 

Savings Area closures for participants in 

the voluntary rolling hotspot system 

(VRHS) intercooperative agreement, and 

Chinook salmon as a component of the 

VRHS intercooperative agreement. The 

final rule does not change any 

regulations affecting the management of 

Chinook salmon in the Aleutian Islands 

or non-Chinook salmon in the BSAI. 

The Council is currently considering a 

separate action to modify the nonChinook salmon management measures 

to minimize non-Chinook salmon 

bycatch. 

In 2010, NMFS completed a Section 7 

formal consultation on the effects of the 

authorization of the Alaska groundfish 

fisheries on Endangered Species Act 

listed species under NMFS jurisdiction. 

The consultation resulted in a biological 

opinion that determined that the effects 

of the Alaska groundfish fisheries were 

likely to result in the jeopardy of 

extinction and adverse modification of 

designated critical habitat for the 

western distinct population segment of 

Steller sea lions. The biological opinion 

contained a reasonable and prudent 

alternative that requires changes to the 

BSAI Atka mackerel and Aleutian 

Islands subarea Pacific cod fisheries to 

prevent the likelihood of jeopardy of 

extinction or adverse modification of 

critical habitat for Steller sea lions. A 

separate rulemaking for implementation 

of the reasonable and prudent 

alternative is scheduled to be effective 

by January 1, 2011. Changes to the 

harvest specifications for Atka mackerel 

and Pacific cod that would be required 

by the rule implementing the reasonable 

and prudent alternative are described in 

the section for each of these target 

species and will revise these proposed 

harvest specifications for Atka mackerel 

and Pacific cod listed in Tables 1, 3, 4, 

9, and 11. 

Proposed ABC and TAC Harvest 

Specifications 

The amounts proposed for the 2011 

and 2012 harvest specifications are 

based on the 2009 SAFE report and are 

subject to change in the final harvest 

specifications to be published by NMFS 

following the Council’s December 2010 

meeting. At that meeting the Council 

will consider information contained in 

the final 2010 SAFE report, 

recommendations from the Plan Team 

meeting, the December 2010 Scientific 

and Statistical Committee (SSC), the 

Advisory Panel (AP) meetings, and 

public testimony in making its 

recommendations for the final 2011 and 

2012 harvest specifications. 

At the October 2010 Council meeting, 

the Council, the Scientific and 

Statistical Committee (SSC), and the 

Advisory Panel (AP) reviewed most 


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recent biological and harvest 

information about the condition of 

groundfish stocks in the BSAI. This 

information was initially compiled by 

the Plan Team and presented in the 

final 2009 SAFE report for the BSAI 

groundfish fisheries, dated November 

2009 (see ADDRESSES). In November 

2010, the Plan Team updated the 2009 

SAFE report to include new information 

collected during 2010, such as revised 

stock assessments and catch data. The 

Plan Team compiled this information 

and produced the 2010 SAFE report. 

The Council will review the 2010 SAFE 

report during the December 2010 

Council meeting. At that meeting, the 

Council will consider information 

contained in the 2010 SAFE report, 

recommendations made by the Plan 

Team during its November 2010 

meeting, the December 2010 SSC and 

AP meetings, public testimony, and 

relevant written public comments in 

making its recommendations for the 

final 2011 and 2012 harvest 

specifications. 

In previous years the largest changes 

from the proposed to the final harvest 

specifications have been based on the 

most recent NMFS surveys, which 

provide updated estimates of stock 

biomass and spatial distribution, and 

changes to the models used in the stock 

assessments. Any new models were 

presented at the September Plan Team 

meeting and reviewed by the SSC at the 

October 2010 Council meeting. In 

November 2010, the Plan Team will 

consider updated stock assessments for 

pollock, Pacific cod, yellowfin sole, rock 

sole, Kamchatka flounder, sharks, squid, 

sculpins, and octopus to be included in 

the final 2010 SAFE report. For the 

other groundfish stocks, the assessments 

will be updated to include the most 

recent information, such as 2010 catch. 

The final harvest specification amounts 

for these stocks are not expected to vary 

greatly from the proposed specification 

amounts published here. 

If the final 2010 SAFE report indicates 

that the stock biomass trend is 

increasing for a species, then the final 

2011 and 2012 harvest specifications 

may reflect that increase from the 

proposed harvest specifications. This 

currently is applicable to the following 

species: pollock, Pacific cod, sablefish, 

Atka mackerel, yellowfin sole, flathead 

sole, Pacific ocean perch, northern 

rockfish, shortraker rockfish, other 

rockfish, octopus, sculpins, and skates. 

Conversely, if the final 2010 SAFE 

report indicates that the stock biomass 

trend is decreasing for a species, then 

the final 2011 and 2012 harvest 

specifications may reflect a decrease 

from the proposed harvest 

specifications. This is applicable to the 

following species: arrowtooth flounder, 

Greenland turbot, rock sole, Alaska 

plaice, other flatfish, and rougheye 

rockfish. The biomass trends for sharks 

and squid are relatively level and stable. 

For Alaska plaice, natural mortality has 

been re-estimated and this will likely 

result in a far smaller OFL and ABC. 

The proposed ABCs and TACs are 

based on the best available biological 

and socioeconomic data, including 

projected biomass trends, information 

on assumed distribution of stock 

biomass, and revised methods used to 

calculate stock biomass. The FMP 

specifies the formulas, or tiers, to be 

used to compute OFLs and ABCs. The 

formulas applicable to a particular stock 

or stock complex are determined by the 

level of reliable information available to 

fisheries scientists. This information is 

categorized into a successive series of 

six tiers to define OFL and ABC 

amounts, with tier one representing the 

highest level of information quality 

available and tier six representing the 

lowest level of information quality 

available. 

In October 2010, the SSC adopted the 

proposed 2011 and 2012 OFLs and 

ABCs recommended by the Plan Team 

for all groundfish species. The Council 

adopted the SSC’s OFL and ABC 

recommendations and the AP’s TAC 

recommendations. These amounts are 

unchanged from the final 2011 harvest 

specifications published in the Federal 

Register on March 12, 2010 (75 FR 

11778). The exceptions to this are the 

establishment of individual ABC and 

TAC amounts for sculpins, sharks, 

squid, and octopuses per the Secretary’s 

approval of Amendments 95 and 96 to 

the FMP and separating Kamchatka 

flounder from the arrowtooth flounder 

complex, as previously described. For 

2011 and 2012, the Council 

recommended and NMFS proposes the 

OFLs, ABCs, and TACs listed in Table 

1. The proposed ABCs reflect harvest 

amounts that are less than the specified 

overfishing amounts. The sum of the 

proposed 2011 and 2012 ABCs for all 

assessed groundfish is 2,467,266 mt, 

which is higher than the final 2010 ABC 

total of 2,121,880 mt (75 FR 11778, 

March 12, 2010). 

Specification and Apportionment of 

TAC Amounts 

The Council recommended proposed 

TACs for 2011 and 2012 that are equal 

to proposed ABCs for sablefish, Atka 

mackerel, yellowfin sole, Greenland 

turbot, Kamchatka flounder, ‘‘other 

flatfish,’’ Pacific ocean perch, northern 

rockfish, shortraker rockfish, rougheye 

rockfish, other rockfish, squid, sharks, 

skates, sculpins, and octopus. The 

Council recommended proposed TACs 

for 2011 and 2012 that are less than the 

proposed ABCs for pollock, Pacific cod, 

rock sole, arrowtooth flounder, flathead 

sole, and Alaska plaice. 

The proposed Bering Sea pollock TAC 

was reduced from the ABC to 

accommodate fishing under a potential 

Exempted Fisheries Permit (EFP). The 

Council likely will reconsider this 

reduction at its December 2010 meeting, 

given uncertainty of the deployment of 

the EFP and the fact that any pollock 

mortality that occurs under an approved 

EFP would be considered in the 

subsequent year’s stock assessment as 

contemplated under Amendment 96 to 

the FMP. 

Section 679.20(a)(5)(iii)(B)(1) requires 

the Aleutian Islands pollock TAC to be 

set at 19,000 mt when the Aleutian 

Islands pollock ABC equals or exceeds 

19,000 mt. The Bogoslof pollock TAC is 

set to accommodate incidental catch 

amounts. The Pacific cod TAC is set to 

accommodate the State of Alaska’s 

(State) Aleutian Islands Pacific cod 

guideline harvest level fishery so that 

the ABC is not exceeded. The Alaska 

plaice, arrowtooth flounder, flathead 

sole, rock sole, and sculpin TACs are set 

so that the sum of the overall TAC does 

not exceed the BSAI optimum yield. 

The proposed groundfish OFLs, ABCs 

and TACs are subject to change pending 

the completion of the 2010 SAFE report 

and the Council’s recommendations for 

final 2011 and 2012 harvest 

specifications during its December 2010 

meeting. These amounts are consistent 

with the biological condition of 

groundfish stocks as described in the 

2009 SAFE report, and adjusted for 

other biological and socioeconomic 

considerations. Table 1 lists the 

proposed 2011 and 2012 OFL, ABC, 

TAC, initial TAC (ITAC), and CDQ 

amounts for groundfish for the BSAI. 

The proposed apportionment of TAC 

amounts among fisheries and seasons is 

discussed below. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76376 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

TABLE 1—PROPOSED 2011 AND 2012 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL

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

[Amounts are in metric tons] 

Species Area 

Proposed 2011 and 2012 

OFL ABC TAC ITAC 2 CDQ 345

Pollock ...................................................... 2011 BS 1,220,000 1,110,000 1,107,000 996,300 110,700 

2012 BS 1,220,000 1,110,000 1,105,000 994,500 110,500 

AI 39,100 32,200 19,000 17,100 1,900 

Bogoslof 22,000 156 75 10 ........................

Pacific cod 4 ............................................. BSAI 251,000 214,000 207,580 185,369 22,211 

Sablefish 5 ................................................ BS 2,970 2,500 2,500 1,063 94 

AI 2,200 1,860 1,860 434 38 

Atka mackerel .......................................... BSAI 76,200 65,000 65,000 58,045 6,955 

EAI/BS ........................ 20,900 20,900 18,664 2,236 

CAI ........................ 26,000 26,000 23,218 2,782 

WAI ........................ 18,100 18,100 16,163 1,937 

Yellowfin sole ........................................... BSAI 227,000 213,000 213,000 190,209 22,791 

Rock sole 6 ............................................... BSAI 245,000 242,000 90,000 80,370 9,630 

Greenland turbot ...................................... BSAI 6,860 5,370 5,370 4,565 n/a 

BS ........................ 3,700 3,700 3,145 396 

AI ........................ 1,670 1,670 1,420 ........................

Arrowtooth flounder .................................. BSAI 167,400 139,300 60,000 51,000 6,420 

Kamchatka flounder ................................. BSAI 23,600 17,700 17,700 15,045 1,894 

Flathead sole 7 ......................................... BSAI 81,800 68,100 60,000 53,580 6,420 

Other flatfish 8 .......................................... BSAI 23,000 17,300 17,300 14,705 ........................

Alaska plaice ............................................ BSAI 314,000 248,000 40,000 34,000 ........................

Pacific ocean perch ................................. BSAI 22,200 18,680 18,680 16,518 n/a 

BS ........................ 3,790 3,790 3,222 ........................

EAI ........................ 4,180 4,180 3,733 447 

CAI ........................ 4,230 4,230 3,777 453 

WAI ........................ 6,480 6,480 5,787 693 

Northern rockfish ...................................... BSAI 8,700 7,290 7,290 6,197 ........................

Shortraker rockfish ................................... BSAI 516 387 387 329 ........................

Rougheye rockfish 9 ................................. BSAI 650 531 531 451 ........................

BS ........................ 42 42 36 ........................

AI ........................ 489 489 416 ........................

Other rockfish 10 ....................................... BSAI 1,380 1,040 1,040 884 ........................

BS ........................ 485 485 412 ........................

AI ........................ 555 555 472 ........................

Squid ........................................................ BSAI 2,620 1,970 1,970 1,675 ........................

Sharks ...................................................... BSAI 598 449 449 382 ........................

Skates ...................................................... BSAI 35,900 30,000 30,000 25,500 ........................

Sculpins .................................................... BSAI 51,300 30,200 30,035 25,530 ........................

Octopus .................................................... BSAI 311 233 233 198 ........................

2011 Total ......................................... ........................ 2,826,305 2,467,266 1,997,000 1,779,457 189,148 

2012 Total ......................................... ........................ 2,826,305 2,467,266 1,995,000 1,779,457 189,148 

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

these harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District. 2Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species, 15 percent of each 

TAC is put into a reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. 3 Under § 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 

percent) and second for the incidental catch allowance (4 percent), is further allocated by sector for a directed pollock fishery as follows: 

inshore—50 percent; catcher/processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian 

Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. 4The Pacific cod TAC is reduced by three percent from the ABC to account for the State guideline harvest level in State waters of the Aleutian 

Islands subarea. 5For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific 

cod), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish 

TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands 

Greenland turbot, ‘‘other flatfish’’, Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, ‘‘other 

rockfish’’, squids, octopuses, skates, sculpins, and sharks are not allocated to the CDQ program. 6 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole). 7 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder). 8 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot,

Kamchatka flounder, rock sole, and yellowfin sole. 9 ‘‘Rougheye rockfish’’ includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted). 10 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye 

rockfish. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76377 

Groundfish Reserves and the Incidental 

Catch Allowance (ICA) for Pollock, 

Atka Mackerel, Flathead Sole, Rock 

Sole, Yellowfin Sole, and Aleutian 

Islands Pacific Ocean Perch 

Section 679.20(b)(1)(i) requires the 

placement of 15 percent of the TAC for 

each target species category, except for 

pollock, the hook-and-line and pot gear 

allocation of sablefish, and the 

Amendment 80 species, in a nonspecified reserve. Section 

679.20(b)(1)(ii)(B) requires that 20 

percent of the hook-and-line and pot 

gear allocation of sablefish be allocated 

to the fixed gear sablefish CDQ reserve. 

Section 679.20(b)(1)(ii)(D) requires that 

7.5 percent of the trawl gear allocations 

of sablefish—and 10.7 percent of Bering 

Sea Greenland turbot, Kamchatka 

flounder, and arrowtooth flounder—be 

allocated to the respective CDQ 

reserves. Section 679.20(b)(1)(ii)(C) 

requires that 10.7 percent of the TACs 

for Atka mackerel, Aleutian Islands 

Pacific ocean perch, yellowfin sole, rock 

sole, flathead sole, and Pacific cod be 

allocated to the CDQ reserves. Sections 

679.20(a)(5)(i)(A) and 679.31(a) also 

require the allocation of 10 percent of 

the BSAI pollock TACs to the pollock 

CDQ directed fishing allowance (DFA). 

The entire Bogoslof District pollock 

TAC is allocated as an ICA (see 

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

the hook-and-line and pot gear sablefish 

CDQ reserve, the regulations do not 

further apportion the CDQ reserves by 

gear. Sections 679.30 and 679.31 set 

forth regulations governing the 

management of the CDQ reserves. 

Pursuant to § 679.20(a)(5)(i)(A)(1), 

NMFS proposes a pollock ICA of 4 

percent of the Bering Sea subarea 

pollock TAC after subtraction of the 10 

percent CDQ reserve. This allowance is 

based on NMFS’ examination of the 

pollock incidental catch, including the 

incidental catch by CDQ vessels, in 

target fisheries other than pollock from 

1999 through 2010. During this 12-year 

period, the pollock incidental catch 

ranged from a low of 2.4 percent in 2006 

to a high of 5 percent in 1999, with a 

12-year average of 3.3 percent. Pursuant 

to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), 

NMFS proposes a pollock ICA of 1,600 

mt for the AI subarea after subtraction 

of the 10 percent CDQ DFA. This 

allowance is based on NMFS’ 

examination of the pollock incidental 

catch, including the incidental catch by 

CDQ vessels, in target fisheries other 

than pollock from 2003 through 2010. 

During this 8-year period, the incidental 

catch of pollock ranged from a low of 5 

percent in 2006 to a high of 10 percent 

in 2003, with an 8-year average of 7 

percent. 

Pursuant to § 679.20(a)(8) and (10), 

NMFS proposes ICAs of 5,000 mt of 

flathead sole, 10,000 mt of rock sole, 

2,000 mt of yellowfin sole, 10 mt of 

Western Aleutian District Pacific ocean 

perch, 75 mt of Central Aleutian District 

Pacific ocean perch, 100 mt of Eastern 

Aleutian District Pacific ocean perch, 40 

mt for Western Aleutian District Atka 

mackerel, 75 mt for Central Aleutian 

District Atka mackerel, and 75 mt of 

Eastern Aleutian District and Bering Sea 

subarea Atka mackerel after subtraction 

of the 10.7 percent CDQ reserve. These 

allowances are based on NMFS’ 

examination of the average incidental 

catch in other target fisheries from 

recent years. 

The regulations do not designate the 

remainder of the non-specified reserve 

by species or species group. Any 

amount of the reserve may be 

apportioned to a target species that 

contributed to the non-specified reserve, 

provided that such apportionments do 

not result in overfishing (see 

§ 679.20(b)(1)(i)). 

Allocations of Pollock TAC Under the 

American Fisheries Act (AFA) 

Section 679.20(a)(5)(i)(A) requires that 

the pollock TAC apportioned to the 

Bering Sea subarea, after subtraction of 

10 percent for the CDQ program and 4 

percent for the ICA, be allocated as a 

DFA as follows: 50 percent to the 

inshore sector, 40 percent to the 

catcher/processor sector, and 10 percent 

to the mothership sector. In the Bering 

Sea subarea, 40 percent of the DFA is 

allocated to the A season (January 20 to 

June 10) and 60 percent of the DFA is 

allocated to the B season (June 10 to 

November 1) (§ 679.20(a)(5)(i)(B)). The 

AI directed pollock fishery allocation to 

the Aleut Corporation is the amount of 

pollock remaining in the AI subarea 

after subtracting 1,900 mt for the CDQ 

DFA (10 percent) and 1,600 mt for the 

ICA (§ 679.20(a)(5)(iii)(B)(2)(ii)). In the 

AI subarea, 40 percent of the ABC is 

allocated to the A season and the 

remainder of the directed pollock 

fishery is allocated to the B season. 

Table 2 lists these proposed 2011 and 

2012 amounts. 

Section 679.20(a)(5)(i)(A)(4) also 

includes several specific requirements 

regarding Bering Sea subarea pollock 

allocations. First, 8.5 percent of the 

pollock allocated to the catcher/ 

processor sector will be available for 

harvest by AFA catcher vessels with 

catcher/processor sector endorsements, 

unless the Regional Administrator 

receives a cooperative contract that 

provides for the distribution of harvest 

among AFA catcher/processors and 

AFA catcher vessels in a manner agreed 

to by all members. Second, AFA 

catcher/processors not listed in the AFA 

are limited to harvesting not more than 

0.5 percent of the pollock allocated to 

the catcher/processor sector. Tables 2a 

and 2b list the proposed 2011 and 2012 

allocations of pollock TAC. Tables 9 

through 12 list the AFA catcher/ 

processor and catcher vessel harvesting 

sideboard limits. In past years, the 

proposed harvest specifications 

included text and tables describing 

pollock allocations to the Bering Sea 

subarea inshore pollock cooperatives 

and open access sector. These 

allocations are based on the submission 

of AFA inshore cooperative applications 

due to NMFS on December 1 of each 

calendar year. Because AFA inshore 

cooperative applications for 2011 have 

not been submitted to NMFS, thereby 

preventing NMFS from calculating 2011 

allocations, NMFS has not included 

inshore cooperative text and tables in 

these proposed harvest specifications. 

NMFS will post 2011 AFA inshore 

cooperative allocations on the Alaska 

Region Web site at http:// 

alaskafisheries.noaa.gov when they 

become available in December 2010. 

Table 2 also lists proposed seasonal 

apportionments of pollock and harvest 

limits within the Steller Sea Lion 

Conservation Area (SCA). The harvest of 

pollock within the SCA, as defined at 

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

percent of the DFA until April 1 

(§ 679.20(a)(5)(i)(C)). The remaining 12 

percent of the 40 percent annual DFA 

allocated to the A season may be taken 

outside the SCA before April 1 or inside 

the SCA after April 1. If less than 28 

percent of the annual DFA is taken 

inside the SCA before April 1, the 

remainder will be available to be taken 

inside the SCA after April 1. The A 

season pollock SCA harvest limit will be 

apportioned to each sector in proportion 

to each sector’s allocated percentage of 

the DFA. Tables 2a and 2b list these 

proposed 2011 and 2012 amounts by 

sector. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76378 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

TABLE 2a—PROPOSED 2011 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ 

DIRECTED FISHING ALLOWANCES (DFA) 1

[Amounts are in metric tons] 

Area and sector 2011 

Allocations 

2011 A season 2011 B season 1

A season DFA SCA harvest 

limit 2 B season DFA 

Bering Sea subarea TAC ................................................................................ 1,107,000 N/A N/A N/A 

CDQ DFA ......................................................................................................... 110,700 44,280 30,996 66,420 

ICA1 ................................................................................................................. 39,852 N/A N/A N/A 

AFA Inshore ..................................................................................................... 478,224 191,290 133,903 286,934 

AFA Catcher/Processors 3 ............................................................................... 382,579 153,032 107,122 229,548 

Catch by C/Ps .......................................................................................... 350,060 140,024 N/A 210,036 

Catch by C/Vs 3 ........................................................................................ 32,519 13,008 N/A 19,512 

Unlisted C/P Limit 4 ............................................................................ 1,913 765 N/A 1,148 

AFA Motherships ............................................................................................. 95,645 38,258 26,781 57,387 

Excessive Harvesting Limit 5 ............................................................................ 167,378 N/A N/A N/A 

Excessive Processing Limit 6 ........................................................................... 286,934 N/A N/A N/A 

Total Bering Sea DFA (non-CDQ) ................................................................... 956,448 382,579 267,805 573,869 

Aleutian Islands subarea1 ................................................................................ 19,000 N/A N/A N/A 

CDQ DFA ......................................................................................................... 1,900 760 N/A 1,140 

ICA ................................................................................................................... 1,600 800 N/A 800 

Aleut Corporation ............................................................................................. 15,500 10,600 N/A 4,900 

Bogoslof District ICA7 ...................................................................................... 10 N/A N/A N/A 

1Pursuant to § 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtraction for the CDQ DFA (10 percent) and the ICA 

(3.5 percent), is allocated as a DFA as follows: inshore sector 50 percent, catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20–June 10) and 60 percent of the DFA is allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for 

the CDQ DFA (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, 

the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery. 2 In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining 

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

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

harvest only by eligible catcher vessels (CVs) delivering to listed catcher/processors. 4Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/ 

processor sector’s allocation of pollock. 5Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock 

DFAs not including CDQ. 6Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock 

DFAs not including CDQ. 7The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the final 2011 and 2012 harvest specifications for the BSAI. The amounts specified are for incidental catch only and are not apportioned by season or sector. 

TABLE 2b—PROPOSED 2012 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ 

DIRECTED FISHING ALLOWANCES (DFA) 1

[Amounts are in metric tons] 

Area and sector 2012 

Allocations 

2012 A season 2012 B 

season1

A season DFA SCA harvest 

limit 2 B season DFA 

Bering Sea subarea TAC ................................................................................ 1,105,000 N/A N/A N/A 

CDQ DFA ......................................................................................................... 110,500 44,200 30,940 66,300 

ICA1 ................................................................................................................. 39,780 N/A N/A N/A 

AFA Inshore ..................................................................................................... 477,360 190,944 133,661 286,416 

AFA Catcher/Processors3 ................................................................................ 381,888 152,755 106,929 229,133 

Catch by C/Ps .......................................................................................... 349,428 139,771 N/A 209,657 

Catch by C/Vs3 ......................................................................................... 32,460 12,984 N/A 19,476 

Unlisted C/P Limit 4 ............................................................................ 1,909 764 N/A 1,146 

AFA Motherships ............................................................................................. 95,472 38,189 26,732 57,283 

Excessive Harvesting Limit 5 ............................................................................ 167,076 N/A N/A N/A 

Excessive Processing Limit 6 ........................................................................... 286,416 N/A N/A N/A 

Total Bering Sea DFA (non-CDQ) ............................................. 954,720 381,888 267,322 572,832 

Aleutian Islands subarea 1 ............................................................................... 19,000 N/A N/A N/A 

CDQ DFA ......................................................................................................... 1,900 760 N/A 1,140 

ICA ................................................................................................................... 1,600 800 N/A 800 

Aleut Corporation ............................................................................................. 15,500 10,600 N/A 4,900 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76379 

TABLE 2B—PROPOSED 2012 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ 

DIRECTED FISHING ALLOWANCES (DFA) 1—Continued 

[Amounts are in metric tons] 

Area and sector 2012 

Allocations 

2012 A season 2012 B 

season1

A season DFA SCA harvest 

limit 2 B season DFA 

Bogoslof District ICA7 ...................................................................................... 10 N/A N/A N/A 

1Pursuant to § 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtraction for the CDQ DFA (10 percent) and the ICA 

(3.5 percent), is allocated as a DFA as follows: Inshore sector 50 percent, catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20–June 10) and 60 percent of the DFA is allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the CDQ 

DFA (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A 

season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery. 2 In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining 

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

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

harvest only by eligible catcher vessels (CVs) delivering to listed catcher/processors. 4Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/ 

processors sector’s allocation of pollock. 5Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock 

DFAs not including CDQ. 6Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock 

DFAs not including CDQ. 7The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the final 2011 and 2012 harvest specifications for the BSAI. The amounts specified are for incidental catch only and are not apportioned by season or sector. 

Allocation of the Atka Mackerel TACs 

The proposed harvest specifications 

for Atka mackerel reflect the current 

regulatory provisions for temporal and 

spatial distribution of Atka mackerel 

harvest in the BSAI. However, as 

mentioned above, these provisions are 

subject to change by separate 

rulemaking prior to January 1, 2011, 

based on the reasonable and prudent 

alternative selected in the 2010 Alaska 

groundfish fisheries biological opinion. 

Section 679.20(a)(8)(ii) allocates the 

Atka mackerel TACs to the Amendment 

80 and BSAI trawl limited access 

sectors, after subtraction of the CDQ 

reserves, jig gear allocation, and ICAs 

for the BSAI trawl limited access sector 

and non-trawl gear. Table 3 lists these 

proposed 2011 and 2012 amounts. 

The allocation of the ITAC for Atka 

mackerel to the Amendment 80 and 

BSAI trawl limited access sectors is 

established in Table 33 to part 679 and 

in § 679.91. Two Amendment 80 

cooperatives have formed for the 2011 

fishing year. Because all Amendment 80 

vessels are part of a cooperative, no 

allocation to the Amendment 80 limited 

access sector is required. NMFS will 

post 2011 Amendment 80 cooperative 

allocations on the Alaska Region Web 

site at http://alaskafisheries.noaa.gov 

prior to the start of the fishing year on 

January 1, 2011, based on the harvest 

specifications effective on that date. 

The 2012 allocations for Amendment 

80 species between Amendment 80 

cooperatives and the Amendment 80 

limited access sector will not be known 

until November 1, 2011, which is the 

deadline for eligible participants to 

apply for participation in the 

Amendment 80 program. Amendment 

80 applications for 2012 have not yet 

been submitted to NMFS, thereby 

preventing NMFS from calculating 2012 

allocations. Thus, NMFS has not 

included 2012 allocations to the 

Amendment 80 cooperatives or 

Amendment 80 limited access sector in 

these proposed harvest specifications. 

NMFS will post 2012 Amendment 80 

cooperatives and Amendment 80 

limited access allocations on the Alaska 

Region Web site at http:// 

alaskafisheries.noaa.gov when they 

become available in December 2012. 

Pursuant to § 679.20(a)(8)(i), up to 2 

percent of the Eastern Aleutian District 

and Bering Sea subarea Atka mackerel 

ITAC may be allocated to jig gear. The 

amount of this allocation is determined 

annually by the Council based on 

several criteria, including the 

anticipated harvest capacity of the jig 

gear fleet. The Council recommended 

and NMFS proposes a 0.5 percent 

allocation of the Atka mackerel ITAC in 

the Eastern Aleutian District and Bering 

Sea subarea to jig gear in 2011 and 2012. 

This percentage is applied after 

subtractions of the CDQ reserve and the 

ICA. 

Section 679.20(a)(8)(ii)(A) apportions 

the Atka mackerel ITAC into two equal 

seasonal allowances. The first seasonal 

allowance is made available for directed 

fishing from January 1 (January 20 for 

trawl gear) to April 15 (A season), and 

the second seasonal allowance is made 

available from September 1 to 

November 1 (B season). The jig gear 

allocation is not apportioned by season. 

Pursuant to § 679.20(a)(8)(ii)(C)(1), the 

Regional Administrator will establish a 

harvest limit area (HLA) limit of no 

more than 60 percent of the seasonal 

TAC for the Western and Central 

Aleutian Districts. 

NMFS will establish HLA limits for 

the CDQ reserve and each of the three 

non-CDQ fishery categories: the BSAI 

trawl limited access sector, the 

Amendment 80 limited access fishery, 

and an aggregate HLA limit applicable 

to all Amendment 80 cooperatives. 

NMFS will assign vessels in each of the 

three non-CDQ fishery categories that 

apply to fish for Atka mackerel in the 

HLA to an HLA fishery based on a 

random lottery of the vessels that apply 

(see § 679.20(a)(8)(iii)(B)(1)). There is no 

allocation of Atka mackerel to the BSAI 

trawl limited access sector in the 

Western Aleutian District. Therefore, no 

vessels in the BSAI trawl limited access 

sector will be assigned to the Western 

Aleutian District HLA fishery. 

Each trawl sector will have a separate 

lottery. A maximum of two HLA 

fisheries will be established in Area 542 

for the BSAI trawl limited access sector. 

A maximum of four HLA fisheries will 

be established for vessels assigned to 

Amendment 80 cooperatives: A first and 

second HLA fishery in Area 542, and a 

first and second HLA fishery in Area 

543. A maximum of four HLA fisheries 

will be established for vessels assigned 

to the Amendment 80 limited access 

fishery: A first and second HLA fishery 

in Area 542, and a first and second HLA 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76380 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

fishery in Area 543. NMFS will initially 

open fishing for the first HLA fishery in 

all three fishery categories at the same 

time. The initial opening of fishing in 

the HLA will be based on the first 

directed fishing closure of Atka 

mackerel for the Eastern Aleutian 

District and Bering Sea subarea 

allocation for any one of the three nonCDQ fishery categories allocated Atka 

mackerel TAC. 

TABLE 3—PROPOSED 2011 AND 2012 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, 

INCIDENTAL CATCH ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC 

[Amounts are in metric tons] 

Sector 1 Season 234

2011 allocation by area 2012 allocation by area 

Eastern 

Aleutian 

District/ 

Bering Sea 

Central 

Aleutian 

District 

Western 

Aleutian 

District 

Eastern 

Aleutian 

District/Bering 

Sea 

Central 

Aleutian 

District 

Western 

Aleutian 

District 

TAC ................................ n/a ............... 20,900 26,000 18,100 20,900 26,000 18,100 

CDQ reserve .................. Total ............ 2,236 2,782 1,937 2,236 2,782 1,937 

HLA5 ........... n/a 1,669 1,162 n/a 1,669 1,162 

ICA .................................. Total ............ 75 75 40 75 75 40 

Jig6 ................................. Total ............ 93 0 0 93 0 0 

BSAI trawl limited access Total ............ 1,480 1,851 0 1,850 2,314 0 

A .................. 740 926 0 925 1,157 0 

HLA ............. n/a 555 0 n/a 694 0 

B .................. 740 926 0 925 1,157 0 

HLA ............. n/a 555 0 n/a 694 0 

Amendment 80—Alaska 

Seafood Cooperative.

Total ............ 7,988 8,478 6,182 n/a n/a n/a 

A .................. 3,994 4,239 3,091 n/a n/a n/a 

HLA ............. n/a 2,544 1,855 n/a n/a n/a 

B .................. 3,994 4,239 3,091 n/a n/a n/a 

HLA ............. n/a 2,544 1,855 n/a n/a n/a 

Amendment 80—Alaska 

Groundfish Cooperative.

Total ............ 9,028 12,813 9,941 n/a n/a n/a 

A .................. 4,514 6,407 4,971 n/a n/a n/a 

HLA ............. n/a 3,844 2,982 n/a n/a n/a 

B .................. 4,514 6,407 4,971 n/a n/a n/a 

HLA ............. n/a 3,844 2,982 n/a n/a n/a 

1Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, ICAs, and the jig gear allocation, to the 

Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited 

access sectors is established in Table 33 to part 679 and in § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants 

(see §§ 679.20(b)(1)(ii)(C) and 679.31). 2 Regulations at §§ 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. 

3The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season. 

4The A season is January 1 (January 20 for trawl gear) to April 15, and the B season is September 1 to November 1. These allowances are 

subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions. 5 Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In 

2010 and 2011, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts. 

These HLA limits are subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered 

Steller sea lions. 6Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea subarea TAC be allocated to jig gear 

after subtraction of the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season. 

Allocation of the Pacific Cod TAC 

The proposed harvest specifications 

for Pacific cod reflect the current 

regulatory provisions for temporal and 

spatial distribution of Pacific cod 

harvest in the Aleutian Islands subarea. 

However, as mentioned above, these 

provisions are subject to changes by 

separate rulemaking prior to January 1, 

2011, based on the reasonable and 

prudent alternative selected in the 2010 

Alaska groundfish fisheries biological 

opinion. 

Sections 679.20(a)(7)(i) and (ii) 

allocates the Pacific cod TAC in the 

BSAI, after subtraction of 10.7 percent 

for the CDQ program, as follows: 1.4 

percent to vessels using jig gear, 2.0 

percent to hook-and-line and pot 

catcher vessels less than 60 ft (18.3 m) 

length overall (LOA), 0.2 percent to 

hook-and-line catcher vessels greater 

than or equal to 60 ft (18.3 m) LOA, 48.7 

percent to hook-and-line catcher/ 

processors, 8.4 percent to pot catcher 

vessels greater than or equal to 60 ft 

(18.3 m) LOA, 1.5 percent to pot 

catcher/processors, 2.3 percent to AFA 

trawl catcher/processors, 13.4 percent to 

non-AFA trawl catcher/processors, and 

22.1 percent to trawl catcher vessels. 

The ICA for the hook-and-line and pot 

sectors will be deducted from the 

aggregate portion of Pacific cod TAC 

allocated to the hook-and-line and pot 

sectors. For 2011 and 2012, the Regional 

Administrator proposes an ICA of 500 

mt based on anticipated incidental catch 

in these fisheries. 

The allocation of the ITAC for Pacific 

cod to the Amendment 80 sector is 

established in Table 33 to part 679 and 

§ 679.91. Two Amendment 80 

cooperatives have formed for the 2011 

fishing year. Because all Amendment 80 

vessels are part of a cooperative, no 

allocation to the Amendment 80 limited 

access sector is required. NMFS will 

post 2011 Amendment 80 cooperative 

allocations on the Alaska Region Web 

site at http://alaskafisheries.noaa.gov 

prior to the start of the fishing year on 

January 1, 2011, based on the harvest 

specifications effective on that date. 

The 2012 allocations for Amendment 

80 species between Amendment 80 


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cooperatives and the Amendment 80 

limited access sector will not be known 

until November 1, 2011, which is the 

deadline for eligible participants to 

apply for participation in the 

Amendment 80 program. Amendment 

80 applications for 2012 have not yet 

been submitted to NMFS, thereby 

preventing NMFS from calculating 2012 

allocations. Thus, NMFS has not 

included 2012 allocations to the 

Amendment 80 cooperatives or 

Amendment 80 limited access sector in 

these proposed harvest specifications. 

NMFS will post 2012 Amendment 80 

cooperatives and Amendment 80 

limited access allocations on the Alaska 

Region Web site at http:// 

alaskafisheries.noaa.gov when they 

become available in December 2012. 

The Pacific cod ITAC is apportioned 

into seasonal allowances to disperse the 

Pacific cod fisheries over the fishing 

year (see §§ 679.20(a)(7) and 

679.23(e)(5)). In accordance with 

§ 679.20(a)(7)(iv)(B) and (C), any unused 

portion of a seasonal Pacific cod 

allowance will become available at the 

beginning of the next seasonal 

allowance. 

The CDQ and non-CDQ season 

allowances by gear based on the 

proposed 2011 and 2012 Pacific cod 

TACs are listed in Table 4 based on the 

sector allocation percentages of Pacific 

cod set forth at §§ 679.20(a)(7)(i)(B) and 

679.20(a)(7)(iv)(A); and the seasonal 

allowances of Pacific cod set forth at 

§ 679.23(e)(5). 

TABLE 4—PROPOSED 2011 AND 2012 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC 

[Amounts are in metric tons] 

Gear sector Percent 

2011 and 

2012 share of 

gear sector 

total 

2011 and 

2012 share of 

sector total 

2011 and 2012 seasonal apportionment 

Season Amount 

Total TAC ........................................................ 100 207,580 n/a n/a ...................................... n/a 

CDQ ................................................................ 10.7 22,211 n/a See § 679.20(a)(7)(i)(B) ..... n/a 

Total hook-and-line/pot gear ........................... 60.8 112,704 n/a n/a ...................................... n/a 

Hook-and-line/pot ICA1 .................................. n/a n/a 500 n/a ...................................... n/a 

Hook-and-line/pot sub-total ............................. n/a 112,204 n/a n/a ...................................... n/a 

Hook-and-line catcher/processors .................. 48.7 n/a 89,874 Jan 1–Jun 10 .....................

Jun 10–Dec 31 ...................

45,836 

44,038 

Hook-and-line catcher vessels > 60 ft LOA ... 0.2 n/a 369 Jan 1–Jun 10 .....................

Jun 10–Dec 31 ...................

188 

181 

Pot catcher/processors ................................... 1.5 n/a 2,768 Jan 1–Jun 10 .....................

Sept 1–Dec 31 ...................

1,412 

1,356 

Pot catcher vessels ≥ 60 ft LOA ..................... 8.4 n/a 15,502 Jan 1–Jun 10 .....................

Sept 1–Dec 31 ...................

7,906 

7,596 

Catcher vessels < 60 ft LOA using hook-andline or pot gear.2 n/a 3,691 n/a ...................................... n/a 

Trawl catcher vessels ..................................... 22.1 40,967 n/a Jan 20–Apr 1 ......................

Apr 1–Jun 10 ......................

Jun 10–Nov 1 .....................

30,315 

4,506 

6,145 

AFA trawl catcher processors ......................... 2.3 4,263 n/a Jan 20–Apr 1 ......................

Apr 1–Jun 10 ......................

Jun 10–Nov 1 .....................

3,198 

1,066 

0 

Amendment 80 ................................................ 13.4 24,839 n/a Jan 20–Apr 1 ......................

Apr 1–Jun 10 ......................

Jun 10–Nov 1 .....................

18,630 

6,210 

0 

Amendment 80—Alaska Groundfish Cooperative for 2011 2.n/a 4,625 n/a Jan 20–Apr 1 ......................

Apr 1–Jun 10 ......................

Jun 10–Nov 1 .....................

3,469 

1,156 

0 

Amendment 80—Alaska Seafood Cooperative for 2011 2.n/a 20,214 n/a Jan 20–Apr 1 ......................

Apr 1–Jun 10 ......................

Jun 10–Nov 1 .....................

15,161 

5,054 

0 

Jig .................................................................... 1.4 2,595 n/a Jan 1–Apr 30 ......................

Apr 30–Aug 31 ...................

Aug 31–Dec 31 ..................

1,557 

519 

519 

1The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line 

and pot sectors. The Regional Administrator proposes an ICA of 500 mt for 2011 and 2012 based on anticipated incidental catch in these fisheries. 2The 2012 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not 

be known until November 1, 2011, the deadline for eligible participants to apply for participation in the Amendment 80 program.

Sablefish Gear Allocation 

Sections 679.20(a)(4)(iii) and (iv) 

require the allocation of sablefish TACs 

for the Bering Sea and AI subareas 

between trawl gear and hook-and-line or 

pot gear. Gear allocations of the TACs 

for the Bering Sea subarea are 50 

percent for trawl gear and 50 percent for 

hook-and-line or pot gear. Gear 

allocations for the AI subarea are 25 

percent for trawl gear and 75 percent for 

hook-and-line or pot gear. Section 

679.20(b)(1)(ii)(B) requires 

apportionment of 20 percent of the 

hook-and-line and pot gear allocation of 

sablefish to the CDQ reserve. 

Additionally, § 679.20(b)(1)(ii)(D) 

requires apportionment of 7.5 percent of 

the trawl gear allocation of sablefish to 

the CDQ reserve. The Council 

recommended that only trawl sablefish 

TAC be established biennially. The 

harvest specifications for the hook-andline gear and pot gear sablefish 

Individual Fishing Quota (IFQ) fisheries 

will be limited to the 2011 fishing year 

to ensure those fisheries are conducted 

concurrently with the halibut IFQ 

fishery. Concurrent sablefish and 

halibut IFQ fisheries would reduce the 

potential for discards of halibut and 

sablefish in those fisheries. The 


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sablefish IFQ fisheries would remain 

closed at the beginning of each fishing 

year until the final harvest 

specifications for the sablefish IFQ 

fisheries are in effect. Table 5 lists the 

proposed 2011 and 2012 gear 

allocations of the sablefish TAC and 

CDQ reserve amounts. 

TABLE 5—PROPOSED 2011 AND 2012 GEAR SHARES AND CDQ RESERVE SABLEFISH TACS OF BSAI 

[Amounts are in metric tons] 

Subarea gear Percent of 

TAC 

2011 Share of 

TAC 2011 ITAC1 2011 CDQ 

reserve 

2012 Share of 

TAC 2012 ITAC 2012 CDQ reserve 

Bering Sea 

Trawl ..................... 50 1,250 1,063 94 1,250 1,063 94 

Hook-and-line 

gear 2 ................. 50 1,250 n/a 250 n/a n/a n/a 

Total ............... 100 2,500 1,063 344 2,500 1,063 94 

Aleutian Islands 

Trawl ..................... 25 510 434 38 510 434 38 

Hook-and-line 

gear 2 ................. 75 1,530 n/a 306 n/a n/a n/a 

Total ............... 100 2,040 434 344 2,040 434 38 

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

the TAC after the subtraction of these reserves. 2For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use 

by CDQ participants. Section 679.20(b)(1) does not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear. 

Allocation of the Aleutian Islands 

Pacific Ocean Perch, and BSAI 

Flathead Sole, Rock Sole, and 

Yellowfin Sole TACs 

Sections 679.20(a)(10)(i) and (ii) 

require the allocation between the 

Amendment 80 and BSAI trawl limited 

access sectors for Aleutian Islands 

Pacific ocean perch, and BSAI flathead 

sole, rock sole, and yellowfin sole TACs, 

after subtraction of 10.7 percent for the 

CDQ reserve and an ICA for the BSAI 

trawl limited access sector and vessels 

using non-trawl gear. The allocation of 

the ITAC for Aleutian Islands Pacific 

ocean perch, and BSAI flathead sole, 

rock sole, and yellowfin sole to the 

Amendment 80 sector is established in 

Tables 33 and 34 to part 679 and in 

§ 679.91. 

Two Amendment 80 cooperatives 

have formed for the 2011 fishing year. 

Because all Amendment 80 vessels are 

part of a cooperative, no allocation to 

the Amendment 80 limited access sector 

is required. NMFS will post 2011 

Amendment 80 cooperative allocations 

on the Alaska Region Web site at 

http://alaskafisheries.noaa.gov prior to 

the start of the fishing year on January 

1, 2011, based on the harvest 

specifications effective on that date. 

The 2012 allocations for Amendment 

80 species between Amendment 80 

cooperatives and the Amendment 80 

limited access sector will not be known 

until November 1, 2011, which is the 

deadline for eligible participants to 

apply for participation in the 

Amendment 80 program. Amendment 

80 applications for 2012 have not yet 

been submitted to NMFS, thereby 

preventing NMFS from calculating 2012 

allocations. Thus, NMFS has not 

included 2012 allocations to the 

Amendment 80 cooperatives or 

Amendment 80 limited access sector in 

these proposed harvest specifications. 

NMFS will post 2012 Amendment 80 

cooperatives and Amendment 80 

limited access allocations on the Alaska 

Region Web site at http:// 

alaskafisheries.noaa.gov when they 

become available in December 2012. 

Table 6 lists the proposed 2011 and 

2012 allocations and seasonal 

apportionments of the Aleutian Islands 

Pacific ocean perch, and BSAI flathead 

sole, rock sole, and yellowfin sole TACs. 

TABLE 6—PROPOSED 2011 AND 2012 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH

AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI 

FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS 

[Amounts are in metric tons] 

Sector 

2011 and 2012 allocations 

Pacific ocean perch 

Flathead sole Rock sole 

BSAI 

Yellowfin sole 

BSAI Eastern 

Aleutian 

District 

Central 

Aleutian 

District 

Western 

Aleutian 

District BSAI 

TAC .......................................................... 4,180 4,230 6,480 60,000 90,000 213,000 

CDQ ......................................................... 447 453 693 6,420 9,630 22,791 

ICA ........................................................... 100 75 10 5,000 10,000 2,000 

BSAI trawl limited access ........................ 363 370 116 0 0 40,226 

Amendment 80 ......................................... 3,270 3,332 5,661 48,580 70,370 147,983 

Amendment 80—Alaska Groundfish Cooperative for 20111 ............................... 1,734 1,767 3,002 9,487 19,752 62,815 


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TABLE 6—PROPOSED 2011 AND 2012 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH

AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI 

FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS(TDESC>[AMOUNTS ARE IN METRIC TONS]—Continued 

Sector 

2011 and 2012 allocations 

Pacific ocean perch 

Flathead sole Rock sole 

BSAI 

Yellowfin sole 

BSAI Eastern 

Aleutian 

District 

Central 

Aleutian 

District 

Western 

Aleutian 

District BSAI 

Amendment 80—Alaska Seafood Cooperative for 20111 ................................... 1,536 1,565 2,659 39,093 50,618 85,168 

1The 2012 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not 

be known until November 1, 2011, the deadline for eligible participants to apply for participation in the Amendment 80 program.

Allocation of PSC Limits for Halibut, 

Salmon, Crab, and Herring 

Section 679.21(e) sets forth the BSAI 

PSC limits. Pursuant to § 679.21(e)(1)(iv) 

and (e)(2), the 2011 and 2012 BSAI 

halibut mortality limits are 3,675 mt for 

trawl fisheries and 900 mt for the nontrawl fisheries. Sections 

679.21(e)(3)(i)(A)(2) and (e)(4)(i)(A) 

allocate 326 mt of the trawl halibut 

mortality limit and 7.5 percent, or 67 

mt, of the non-trawl halibut mortality 

limit as the PSQ reserve for use by the 

groundfish CDQ program. Section 

679.21(e)(1)(viii) specifies 700 fish as 

the 2011 and 2012 Chinook salmon PSC 

limit for the AI subarea pollock fishery. 

Section 679.21(e)(3)(i)(A)(3)(i) allocates 

7.5 percent, or 53 Chinook salmon, as 

the AI subarea PSQ for the CDQ 

program and allocates the remaining 

647 Chinook salmon to the non-CDQ 

fisheries. Section 679.21(e)(1)(vii) 

specifies 42,000 fish as the 2011 and 

2012 non-Chinook salmon PSC limit. 

Section 679.21(e)(3)(i)(A)(3)(ii) allocates 

10.7 percent, or 4,494 non-Chinook 

salmon, as the PSQ for the CDQ program 

and allocates the remaining 37,506 nonChinook salmon to the non-CDQ 

fisheries. 

Amendment 91 (75 FR 53026, August 

30, 2010), establishes two Chinook 

salmon PSC limits (60,000 Chinook 

salmon and 47,591 Chinook salmon) for 

the Bering Sea pollock fishery. For each 

PSC limit, NMFS will issue A season 

and B season Chinook salmon PSC 

allocations to the catcher/processor 

sector, the mothership sector, the 

inshore cooperatives, and the CDQ 

groups. Chinook salmon allocations 

remaining from the A season can be 

used in the B season. Entities can 

transfer PSC allocations within a season 

and can also receive transfers of 

Chinook salmon PSC to cover overages. 

NMFS will issue transferable 

allocations of the 60,000 Chinook 

salmon PSC limit to those sectors that 

participate in an incentive plan 

agreement (IPA) and remain in 

compliance with the performance 

standard. Sector and cooperative 

allocations would be reduced if 

members of the sector or cooperative 

decided not to participate in an IPA. 

Vessels and CDQ groups that do not 

participate in an IPA would fish under 

a restricted opt-out allocation of 

Chinook salmon. If an entire sector does 

not participate in an IPA, all members 

of that sector would fish under the optout allocation. 

Each year, each sector will be issued 

an annual threshold amount that 

represents that sector’s portion of 47,591 

Chinook salmon. For a sector to 

continue to receive Chinook salmon 

PSC allocations under the 60,000 

Chinook salmon PSC limit, that sector 

must not exceed its annual threshold 

amount 3 times within 7 consecutive 

years. If a sector fails this performance 

standard, it will permanently be 

allocated a portion of the 47,591 

Chinook salmon PSC limit. NMFS will 

issue transferable allocations of the 

47,591 Chinook salmon PSC limit to all 

sectors, cooperatives, and CDQ groups if 

no IPA is approved, or to the sectors 

that exceed the performance standard. 

When a PSC allocation is reached, the 

affected sector, inshore cooperative, or 

CDQ group would have to stop fishing 

for pollock for the remainder of the 

season even if its pollock allocation had 

not been fully harvested. 

Each year, NMFS will release to the 

public and publish on the NMFS Alaska 

Region Web site (http:// 

alaskafisheries.noaa.gov): (A) The 

Chinook salmon PSC allocations for 

each entity receiving a transferable 

allocation; (B) the non-transferable 

Chinook salmon PSC allocations; (C) the 

vessels fishing under each transferable 

or non-transferable allocation; (D) the 

amount of Chinook salmon bycatch that 

accrues towards each transferable or 

non-transferable allocation; and (E) any 

changes to these allocations due to 

transfers, rollovers, and deductions from 

the B season non-transferable 

allocations. 

PSC limits for crab and herring are 

specified annually based on abundance 

and spawning biomass. Due to the lack 

of new information as of October 2010 

regarding red king crab and herring PSC 

limits and apportionments, the Council 

recommended and NMFS proposes 

using the crab and herring 2011 and 

2012 PSC limits and apportionments for 

the proposed 2011 and 2012 limits and 

apportionments. The Council will 

reconsider these amounts in December 

2010. Pursuant to § 679.21(e)(3)(i)(A)(1), 

10.7 percent of each PSC limit specified 

for crab is allocated as a PSQ reserve for 

use by the groundfish CDQ program. 

The red king crab mature female 

abundance is estimated from the 2009 

survey data at 35 million red king crabs, 

and the effective spawning biomass is 

estimated at 75 million lb (34,020 mt). 

Based on the criteria set out at 

§ 679.21(e)(1)(i), the proposed 2011 and 

2012 PSC limit of red king crab in Zone 

1 for trawl gear is 197,000 animals. This 

limit derives from the mature female 

abundance estimate of more than 8.4 

million king crab and the effective 

spawning biomass estimate of more than 

55 million lbs (24,948 mt). 

Section 679.21(e)(3)(ii)(B)(2) 

establishes criteria under which NMFS 

must specify an annual red king crab 

bycatch limit for the Red King Crab 

Savings Subarea (RKCSS). The 

regulations limit the RKCSS to up to 25 

percent of the red king crab PSC 

allowance based on the need to 

optimize the groundfish harvest relative 

to red king crab bycatch. NMFS 

proposes the Council’s recommendation 

that the red king crab bycatch limit be 

equal to 25 percent of the red king crab 

PSC allowance within the RKCSS (Table 

7b). Based on 2010 survey data, Tanner 

crab (Chionoecetes bairdi) abundance is 

estimated at 379 million animals. Given 

the criteria set out at § 679.21(e)(1)(ii), 

the calculated 2011 and 2012 C. bairdi 

crab PSC limit for trawl gear is 830,000 


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animals in Zone 1 and 2,520,000 

animals in Zone 2. These limits derive 

from the C. bairdi crab abundance 

estimate being in excess of the 270 

million animals for the Zone 1 

allocation and 290 million animals for 

the Zone 2 allocation, but less than 400 

million animals for both zones 

allocations. These limits are specified in 

§ 679.21(e)(1)(ii). 

Pursuant to § 679.21(e)(1)(iii), the PSC 

limit for snow crab (C. opilio) is based 

on total abundance as indicated by the 

NMFS annual bottom trawl survey. The 

C. opilio crab PSC limit is set at 0.1133 

percent of the Bering Sea abundance 

index. Based on the 2010 survey 

estimate of 7.5 billion animals, the 

calculated limit is 8,460,480 animals. 

Pursuant to § 679.21(e)(1)(v), the PSC 

limit of Pacific herring caught while 

conducting any trawl operation for BSAI 

groundfish is 1 percent of the annual 

eastern Bering Sea herring biomass. The 

best estimate of 2011 and 2012 herring 

biomass is 197,400 mt. This amount was 

derived using 2009 survey data and an 

age-structured biomass projection model 

developed by the Alaska Department of 

Fish and Game. Therefore, the herring 

PSC limit proposed for 2011 and 2012 

is 1,974 mt for all trawl gear as 

presented in Tables 7a and 7b. Due to 

the lack of new information as of 

October 2010 regarding herring biomass, 

the Council recommended and NMFS 

proposes using the 2009 PSC limit for 

herring for the proposed 2011 and 2012 

limits and apportionments. The Council 

will reconsider these amounts in 

December 2010, based on 

recommendations by the Plan Team and 

the SSC. 

Section 679.21(e)(3)(A) requires PSQ 

reserves to be subtracted from the total 

trawl PSC limits. The amount of the 

2011 PSC limits assigned to the 

Amendment 80 and BSAI trawl limited 

access sectors are specified in Table 35 

to part 679. The resulting allocation of 

PSC to CDQ PSQ, the Amendment 80 

sector, and the BSAI trawl limited 

access sector are listed in Table 7a. 

Pursuant to § 679.21(e)(1)(iv) and 

§ 679.91(d) through (f), crab and halibut 

trawl PSC assigned to the Amendment 

80 sector is then further allocated to 

Amendment 80 cooperatives as PSC 

cooperative quota as presented in Table 

7d. 

Two Amendment 80 cooperatives 

have formed for the 2011 fishing year. 

Because all Amendment 80 vessels are 

part of a cooperative, no allocation to 

the Amendment 80 limited access sector 

is required. NMFS will post 2011 

Amendment 80 cooperative allocations 

on the Alaska Region Web site at 

http://alaskafisheries.noaa.gov prior to 

the start of the fishing year on January 

1, 2011, based on the harvest 

specifications effective on that date. 

The 2012 Amendment 80 allocations 

between Amendment 80 cooperatives 

and the Amendment 80 limited access 

sector will not be known until 

November 1, 2011, which is the 

deadline for eligible participants to 

apply for participation in the 

Amendment 80 program. Amendment 

80 applications for 2012 have not been 

submitted to NMFS, thereby preventing 

NMFS from calculating 2012 

allocations. Thus, NMFS has not 

included 2012 allocations to the 

Amendment 80 cooperatives or 

Amendment 80 limited access sector in 

these proposed harvest specifications. 

NMFS will post 2012 Amendment 80 

cooperatives and Amendment 80 

limited access allocations on the Alaska 

Region Web site at http:// 

alaskafisheries.noaa.gov when they 

become available in December 2012. 

Section 679.21(e)(4)(i) authorizes the 

apportionment of the non-trawl halibut 

PSC limits into PSC bycatch allowances 

among six fishery categories. Table 7c 

lists the fishery bycatch allowances for 

the trawl and non-trawl fisheries. 

Pursuant to section 3.6 of the FMP, 

the Council recommends, and NMFS 

agrees, that certain specified non-trawl 

fisheries be exempt from the halibut 

PSC limit. As in past years after 

consultation with the Council, NMFS 

exempts pot gear, jig gear, and the 

sablefish IFQ hook-and-line gear fishery 

categories from halibut bycatch 

restrictions because (1) the pot gear 

fisheries have low halibut bycatch 

mortality, (2) NMFS estimates halibut 

mortality for the jig gear fleet to be 

negligible because of the small size of 

the fishery and the selectivity of the 

gear, and (3) the sablefish and halibut 

IFQ fisheries have low halibut bycatch 

mortality because the IFQ program 

requires legal-size halibut to be retained 

by vessels using hook-and-line gear if a 

halibut IFQ permit holder or a hired 

master is aboard and is holding unused 

halibut IFQ (subpart D of 50 CFR part 

679). In 2010, total groundfish catch for 

the pot gear fishery in the BSAI was 

approximately 20,940 mt, with an 

associated halibut bycatch mortality of 

about 43 mt. 

The 2010 jig gear fishery harvested 

about 344 mt of groundfish. Most 

vessels in the jig gear fleet are less than 

60 ft (18.3 m) LOA and thus are exempt 

from observer coverage requirements. 

As a result, observer data are not 

available on halibut bycatch in the jig 

gear fishery. However, as mentioned 

above, NMFS estimates a negligible 

amount of halibut bycatch mortality is 

assumed because of the selective nature 

of jig gear and the low mortality rate of 

halibut caught with jig gear and 

released. 

Section 679.21(e)(5) authorizes 

NMFS, after consultation with the 

Council, to establish seasonal 

apportionments of PSC amounts for the 

BSAI trawl limited access and 

Amendment 80 limited access sectors in 

order to maximize the ability of the fleet 

to harvest the available groundfish TAC 

and to minimize bycatch. The factors 

considered are (1) seasonal distribution 

of prohibited species, (2) seasonal 

distribution of target groundfish species, 

(3) PSC bycatch needs on a seasonal 

basis relevant to prohibited species 

biomass, (4) expected variations in 

bycatch rates throughout the year, (5) 

expected start of fishing effort, and (6) 

economic effects of seasonal PSC 

apportionments on industry sectors. 

The 2012 PSC limits for the 

Amendment 80 cooperatives and the 

Amendment 80 limited access sector 

will not be known until November 1, 

2011, the deadline for participants to 

apply for participation in the 

Amendment 80. Because Amendment 

80 applications for 2012 have not been 

submitted to NMFS, thereby preventing 

NMFS from calculating 2012 PSC limits, 

NMFS has not included 2012 PSC limits 

between Amendment 80 cooperatives 

and the Amendment 80 limited access 

sector in these proposed harvest 

specifications. NMFS will post 2012 

Amendment 80 cooperative and 

Amendment 80 limited access 

allocations on the Alaska Region Web 

site at http://alaskafisheries.noaa.gov 

when they become available in 

December 2012. NMFS proposes the 

Council’s recommendation of the 

seasonal PSC apportionments in Table 

7c to maximize harvest among gear 

types, fisheries, and seasons while 

minimizing bycatch of PSC based on the 

above criteria. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76385 

TABLE 7a—PROPOSED 2011 AND 2012 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL

GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS

PSC species 

Total 

non-trawl 

PSC 

Non-trawl 

PSC 

remaining 

after CDQ 

PSQ 1

Total trawl 

PSC 

Trawl PSC 

remaining 

after CDQ 

PSQ 1

CDQ PSQ 

reserve 1

Amendment 80 sector BSAI trawl 

limited 

access 

fishery 2011 2012 

Halibut mortality (mt) 

BSAI ............................. 900 832 3,675 3,349 393 2,375 2,325 875 

Herring (mt) BSAI ............ n/a n/a 1,974 n/a n/a n/a n/a n/a 

Red king crab (animals) 

Zone 11 ......................... n/a n/a 197,000 175,921 21,079 93,432 87,925 53,797 

C. opilio (animals) 

COBLZ2 ........................ n/a n/a 8,460,480 7,555,209 905,271 3,945,330 3,713,385 2,428,244 

C. bairdi crab (animals) 

Zone 1 2 ........................ n/a n/a 830,000 741,190 88,810 331,608 312,115 348,285 

C. bairdi crab (animals) 

Zone 2 .......................... n/a n/a 2,520,000 2,250,360 269,640 565,966 532,660 1,053,394 

1Section 679.21(e)(3)(i)(A)(2) allocates 326 mt of the trawl halibut mortality limit and § 679.21(e)(4)(i)(A) allocates 7.5 percent, or 67 mt, of the 

non-trawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. The PSQ reserve for crab species is 10.7 percent of 

each crab PSC limit. 2 Refer to § 679.2 for definitions of zones. 

TABLE 7b—PROPOSED 2011 AND 2012 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH

ALLOWANCES FOR ALL TRAWL SECTORS

Fishery categories Herring (mt) BSAI Red king crab 

(animals) Zone 1 

Yellowfin sole ............................................................................................................................................... 169 n/a 

Rock sole/flathead sole/other flatfish 1 ........................................................................................................ 29 n/a 

Greenland turbot/arrowtooth/sablefish 2 ...................................................................................................... 14 n/a 

Rockfish ....................................................................................................................................................... 10 n/a 

Pacific cod ................................................................................................................................................... 29 n/a 

Midwater trawl pollock ................................................................................................................................. 1,508 n/a 

Pollock/Atka mackerel/other species 3 4 ...................................................................................................... 214 n/a 

Red king crab savings subarea non-pelagic trawl gear 5 ............................................................................ n/a 49,250 

Total trawl PSC .................................................................................................................................... 1,974 197,000 

1 ‘‘Other flatfish’’ for purposes of PSC accounting and monitoring includes all flatfish species, except for halibut (a prohibited species), 

arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 2 ‘‘Arrowtooth flounder’’ for purposes of PSC accounting and monitoring includes Kamchatka flounder. 3Pollock other than pelagic trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category. 4 ‘‘Other species’’ for purposes of PSC accounting and monitoring includes sculpins, sharks, skates, and octopus. 5 In October 2009 the Council recommended that the red king crab bycatch limit for non-pelagic trawl fisheries within the RKCSS be limited to 

25 percent of the red king crab PSC allowance (see § 679.21(e)(3)(ii)(B)(2)). 

TABLE 7c—PROPOSED 2011 AND 2012 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED

ACCESS SECTOR AND NON-TRAWL FISHERIES

BSAI trawl limited access fisheries 

Prohibited species and area 1

Halibut mortality (mt) 

BSAI 

Red king 

crab 

(animals) 

Zone 1 

C. opilio 

(animals) 

COBLZ 

C. bairdi (animals) 

Zone 1 Zone 2 

Yellowfin sole ........................................................................... 167 47,397 2,288,208 293,234 1,005,879

Rock sole/flathead sole/other flatfish 2 ..................................... 0 0 0 0 0 

Turbot/arrowtooth/sablefish 3 ................................................... 0 0 0 0 0 

Rockfish April 15–December 31 .............................................. 5 0 3,890 0 848 

Pacific cod ............................................................................... 453 6,000 97,247 50,816 42,424 

Pollock/Atka mackerel/other species 4 ..................................... 250 400 38,899 4,235 4,242 

Total BSAI trawl limited access PSC ............................... 875 53,797 2,428,244 348,285 1,053,394 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76386 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

Non-trawl fisheries Catcher 

processor 

Catcher 

vessel 

Pacific cod-Total ................................................... 760 15 

January 1–June 10 ............................................... 380 10 

June 10–August 15 .............................................. 190 3 

August 15–December 31 ..................................... 190 2 

Other non-trawl-Total ........................................... 58 

May 1–December 31 ..................................... 58 

Groundfish pot and jig .......................................... Exempt 

Sablefish hook-and-line ........................................ Exempt 

Total non-trawl PSC ...................................... 833 

1 Refer to § 679.2 for definitions of areas. 

2 ‘‘Other flatfish’’ for purposes of PSC accounting and monitoring all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 3 ‘‘Arrowtooth flounder’’ for purposes of PSC accounting and monitoring includes Kamchatka flounder. 4 ‘‘Other species’’ for purposes of PSC accounting and monitoring includes sculpins, sharks, skates, and octopus. 

TABLE 7d—PROPOSED 2011 PROHIBITED SPECIES BYCATCH ALLOWANCE FOR THE BSAI AMENDMENT 80 COOPERATIVES

Cooperatives 

Prohibited species and zones1

Halibut 

mortality (mt) 

BSAI 

Red king crab 

(animals) 

Zone 1 

C. opilio 

(animals) 

COBLZ 

C. bairdi (animals) 

Zone 1 Zone 2 

Amendment 80—Alaska Seafood Cooperative ................... 1,643 63,637 2,547,203 233,442 390,500 

Amendment 80—Alaska Groundfish Cooperative ............... 732 29,804 1,398,127 98,167 175,465 

1 Refer to § 679.2 for definitions of zones. 

Halibut Discard Mortality Rates (DMRs) 

To monitor halibut bycatch mortality 

allowances and apportionments, the 

Regional Administrator will use 

observed halibut bycatch rates, DMRs, 

and estimates of groundfish catch to 

project when a fishery’s halibut bycatch 

mortality allowance or seasonal 

apportionment is reached. The DMRs 

are based on the best information 

available, including information 

contained in the annual SAFE report. 

NMFS approves the halibut DMRs 

developed and recommended by the 

IPHC and the Council for the 2011 and 

2012 BSAI groundfish fisheries for use 

in monitoring the 2011 and 2012 halibut 

bycatch allowances (see Tables 7a–7c). 

The IPHC developed these DMRs for the 

2010 to 2012 BSAI fisheries using the 

10-year mean DMRs for those fisheries. 

The IPHC will analyze observer data 

annually and recommend changes to the 

DMRs when a fishery DMR shows large 

variation from the mean. The document 

justifying these DMRs is available in 

Appendix 2 in the final 2009 SAFE 

report dated November 2009 (see 

ADDRESSES). Table 8 lists the 2011 and 

2012 DMRs. 

TABLE 8—PROPOSED 2011 AND 2012 ASSUMED PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE BSAI 

Gear Fishery Halibut discard mortality 

rate (percent) 

Non-CDQ hook-and-line ..................................................... Greenland turbot ................................................................ 11 

Other species ..................................................................... 10 

Pacific cod .......................................................................... 10 

Rockfish .............................................................................. 9 

Non-CDQ trawl ................................................................... Arrowtooth flounder ............................................................ 76 

Atka mackerel ..................................................................... 76 

Flathead sole ...................................................................... 74 

Greenland turbot ................................................................ 67 

Non-pelagic pollock ............................................................ 73 

Pelagic pollock ................................................................... 89 

Other flatfish ....................................................................... 72 

Other species ..................................................................... 71 

Pacific cod .......................................................................... 71 

Rockfish .............................................................................. 81 

Rock sole ............................................................................ 82 

Sablefish ............................................................................. 75 

Yellowfin sole ..................................................................... 81 

Non-CDQ pot ...................................................................... Other species ..................................................................... 8 

Pacific cod .......................................................................... 8 

CDQ trawl ........................................................................... Atka mackerel ..................................................................... 85 

Flathead sole ...................................................................... 88 

Non-pelagic pollock ............................................................ 84 

Pelagic pollock ................................................................... 85 

Rockfish .............................................................................. 90 

Rock sole ............................................................................ 90 

Yellowfin sole ..................................................................... 84 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76387 

TABLE 8—PROPOSED 2011 AND 2012 ASSUMED PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE BSAI— 

Continued 

Gear Fishery Halibut discard mortality 

rate (percent) 

CDQ hook-and-line ............................................................. Greenland turbot ................................................................ 87 

Pacific cod .......................................................................... 85 

CDQ pot .............................................................................. Pacific cod .......................................................................... 4 

Sablefish ............................................................................. 10 

Central Gulf of Alaska Rockfish Pilot 

Program (Rockfish Program) 

On June 6, 2005, the Council adopted 

the Rockfish Program to meet the 

requirements of Section 802 of the 

Consolidated Appropriations Act of 

2004 (Pub. L. 108–199). The basis for 

the BSAI fishing prohibitions and the 

catcher vessel BSAI Pacific cod 

sideboard limits of the Rockfish 

Program are discussed in detail in the 

final rule for Amendment 68 to the 

Fisheries Management Plan for 

Groundfish of the GOA (71 FR 67210, 

November 20, 2006). Pursuant to 

§ 679.82(d)(6)(i), the catcher vessel BSAI 

Pacific cod sideboard limit is 0.0 mt, 

and in the final 2011 and 2012 harvest 

specifications this would effectively 

close directed fishing for BSAI Pacific 

cod in July for catcher vessels under the 

Rockfish Program sideboard limitations. 

The Rockfish Program will expire in 

December 2011, although the Council 

has proposed a new program to 

supersede the existing Rockfish Program 

by 2012. NMFS is developing a 

proposed rule to implement the 

Council’s revised program and 

anticipates that it will be published in 

the Federal Register for public review 

and comment early in 2011. The revised 

program, if approved by the Secretary, 

may affect the harvest specifications for 

2012. 

Listed AFA Catcher/Processor 

Sideboard Limits 

Pursuant to § 679.64(a), the Regional 

Administrator is responsible for 

restricting the ability of listed AFA 

catcher/processors to engage in directed 

fishing for groundfish species other than 

pollock to protect participants in other 

groundfish fisheries from adverse effects 

resulting from the AFA and from fishery 

cooperatives in the directed pollock 

fishery. Table 9 lists the proposed 2011 

and 2012 catcher/processor sideboard 

limits. The basis for these proposed 

sideboard limits is described in detail in 

the final rules implementing the major 

provisions of the AFA (67 FR 79692, 

December 30, 2002) and Amendment 80 

(72 FR 52668, September 14, 2007). 

All harvests of groundfish sideboard 

species by listed AFA catcher/ 

processors, whether as targeted catch or 

incidental catch, will be deducted from 

the proposed sideboard limits in Table 

9. However, groundfish sideboard 

species that are delivered to listed AFA 

catcher/processors by catcher vessels 

will not be deducted from the proposed 

2011 and 2012 sideboard limits for the 

listed AFA catcher/processors. 

TABLE 9—PROPOSED 2011 AND 2012 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED AMERICAN FISHERIES ACT

CATCHER/PROCESSORS (C/PS) 

[Amounts are in metric tons] 

Target species Area 

1995–1997 2011 and 

2012 ITAC 

available to all 

trawl C/Ps 1

2011 and 

2012 AFA C/P 

Retained catch Total catch sideboard limit 

Ratio of 

retained catch 

of total catch 

Sablefish trawl .................... BS ....................................... 8 497 0.016 1,063 17 

AI ........................................ 0 145 0 434 0 

Atka mackerel ..................... Central AI 

A season 2 ................... n/a n/a 0.115 11,609 1,335 

HLA limit ............... n/a n/a n/a 6,965 801 

B season 2 ................... n/a n/a 0.115 11,609 1,335 

HLA limit 3 ............. n/a n/a n/a 6,965 801 

Western AI 

A season 2 ................... n/a n/a 0.2 8,081 1,616 

HLA limit ............... n/a n/a n/a 4,849 970 

B season 2 ................... n/a n/a 0.2 8,081 1,616 

HLA limit 3 ............. n/a n/a n/a 4,849 970 

Yellowfin sole 4 .................... BSAI .................................... 100,192 435,788 0.23 190,209 43,748 

Rock sole ............................ BSAI .................................... 6,317 169,362 0.037 80,370 2,974 

Greenland turbot ................. BS ....................................... 121 17,305 0.007 3,145 22 

AI ........................................ 23 4,987 0.005 1,420 7 

Arrowtooth flounder 5 .......... BSAI .................................... 76 33,987 0.002 51,000 102 

Kamchatka flounder 5 .......... BSAI .................................... 76 33,987 0.002 15,045 30 

Flathead sole ...................... BSAI .................................... 1,925 52,755 0.036 53,580 1,929 

Alaska plaice ....................... BSAI .................................... 14 9,438 0.001 34,000 34 

Other flatfish ....................... BSAI .................................... 3,058 52,298 0.058 14,705 853 

Pacific ocean perch ............ BS ....................................... 12 4,879 0.002 3,222 6 

Eastern AI ........................... 125 6,179 0.02 3,733 75 

Central AI ............................ 3 5,698 0.001 3,777 4 

Western AI .......................... 54 13,598 0.004 5,787 23 

Northern rockfish ................ BSAI .................................... 91 13,040 0.007 6,197 43 

Shortraker rockfish .............. BSAI .................................... 50 2,811 0.018 329 6 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76388 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

TABLE 9—PROPOSED 2011 AND 2012 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED AMERICAN FISHERIES ACT

CATCHER/PROCESSORS (C/PS)—Continued 

[Amounts are in metric tons] 

Target species Area 

1995–1997 2011 and 

2012 ITAC 

available to all 

trawl C/Ps 1

2011 and 

2012 AFA C/P 

Retained catch Total catch sideboard limit 

Ratio of retained catch of 

total catch 

Rougheye rockfish 6 ............ BS ....................................... 50 2,811 0.018 416 7 

AI ........................................ 50 2,811 0.018 36 1 

Other rockfish ..................... BS ....................................... 18 621 0.029 412 12 

AI ........................................ 22 806 0.027 472 13 

Squid ................................... BSAI .................................... 73 3,328 0.022 1,675 37 

Sharks 7 ............................... BSAI .................................... 553 68,672 0.008 382 3 

Skates 7 ............................... BSAI .................................... 553 68,672 0.008 25,500 204 

Sculpins 7 ............................ BSAI .................................... 553 68,672 0.008 25,530 204 

Octopus 7 ............................ BSAI .................................... 553 68,672 0.008 198 2 

1Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of 

the TAC of that species after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C). 2The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of 

the annual ITAC specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District. 3 Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In 

2010 and 2011, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts. 

These HLA limits are subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered 

Steller sea lions. 4Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2011 and 2012 aggregate ITAC of 

yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector (190,209 mt) is greater than 125,000 mt. 5Prior to 2011, Kamchatka flounder was managed as a component of the arrowtooth flounder complex. 

6Prior to 2011, rougheye rockfish was managed as a single BSAI management area. 

7Prior to 2011, sharks, skates, sculpins, and octopus were managed as the ‘‘other species’’ complex. 

Section 679.64(a)(2) and Tables 40 

and 41 to part 679 establish a formula 

for calculating PSC sideboard limits for 

listed AFA catcher/processors. The 

basis for these sideboard limits is 

described in detail in the final rules 

implementing the major provisions of 

the AFA (67 FR 79692, December 30, 

2002) and Amendment 80 (72 FR 52668, 

September 14, 2007). 

PSC species listed in Table 10 that are 

caught by listed AFA catcher/processors 

participating in any groundfish fishery 

other than pollock will accrue against 

the proposed 2011 and 2012 PSC 

sideboard limits for the listed AFA 

catcher/processors. Section 

679.21(e)(3)(v) authorizes NMFS to 

close directed fishing for groundfish 

other than pollock for listed AFA 

catcher/processors once a proposed 

2011 or 2012 PSC sideboard limit listed 

in Table 10 is reached. 

Crab or halibut PSC caught by listed 

AFA catcher/processors while fishing 

for pollock will accrue against the 

bycatch allowances annually specified 

for either the midwater pollock or the 

pollock/Atka mackerel/‘‘other species’’ 

fishery categories according to 

regulations at § 679.21(e)(3)(iv). 

TABLE 10—PROPOSED 2011 AND 2012 BSAI PROHIBITED SPECIES SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT

LISTED CATCHER/PROCESSORS

PSC species and area Ratio of PSC to 

total PSC 

Proposed 2011 

and 2012 PSC 

available to trawl 

vessels after subtraction of PSQ 1

Proposed 2011 

and 2012 C/P 

sideboard limit 1

Halibut mortality BSAI .............................................................................................. n/a n/a 286

Red king crab Zone 1 2 ............................................................................................ 0 .007 175,921 1,231 

C. opilio (COBLZ) 2 .................................................................................................. 0 .153 7,555,209 1,155,947 

C. bairdi ................................................................................................................... n/a n/a n/a 

Zone 1 2 ............................................................................................................ 0 .14 875,140 122,520 

Zone 2 2 ............................................................................................................ 0 .05 2,652,210 132,611 

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

2 Refer to § 679.2 for definitions of areas. 

AFA Catcher Vessel Sideboard Limits 

Pursuant to § 679.64(b), the Regional 

Administrator is responsible for 

restricting the ability of AFA catcher 

vessels to engage in directed fishing for 

groundfish species other than pollock to 

protect participants in other groundfish 

fisheries from adverse effects resulting 

from the AFA and from fishery 

cooperatives in the directed pollock 

fishery. Section 679.64(b) establishes 

formulas for setting AFA catcher vessel 

groundfish and PSC sideboard limits for 

the BSAI. The basis for these sideboard 

limits is described in detail in the final 

rules implementing the major 

provisions of the AFA (67 FR 79692, 

December 30, 2002) and Amendment 80 

(72 FR 52668, September 14, 2007). 

Tables 11 and 12 list the proposed 2011 

and 2012 AFA catcher vessel sideboard 

limits. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76389 

All catch of groundfish sideboard 

species made by non-exempt AFA 

catcher vessels, whether as targeted 

catch or as incidental catch, will be 

deducted from the proposed 2011 and 

2012 sideboard limits listed in Table 11. 

TABLE 11—PROPOSED 2011 AND 2012 BSAI GROUNDFISH SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER

VESSELS (CVS) 

[Amounts are in metric tons] 

Species Fishery by area/gear/season 

Ratio of 1995– 

1997 AFA CV 

catch to 1995– 

1997 TAC 

2011–2012 initial 

TAC1

2011 and 2012 

AFA catcher vessel sideboard 

limits 

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

Jig gear ..................................................... 0 2,413 0 

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

Jan 1–Jun 10 ..................................... 0.0006 188 0 

Jun 10–Dec 31 .................................. 0.0006 181 0 

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

Jan 1–Jun 10 ..................................... 0.0006 7,906 5 

Sept 1–Dec 31 .................................. 0.0006 7,596 5 

CV < 60 ft LOA using hook-and-line or 

pot gear.

0.0006 3,691 2 

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

Jan 20–Apr 1 ..................................... 0.8609 30,315 26,098 

Apr 1–Jun 10 ..................................... 0.8609 4,506 3,879 

Jun 10–Nov 1 .................................... 0.8609 6,145 5,290 

Sablefish ................................................... BS trawl gear ............................................ 0.0906 1,063 96 

AI trawl gear ............................................. 0.0645 434 28 

Atka mackerel 2 ......................................... Eastern AI/BS 

Jan 1–Apr 15 ..................................... 0.0032 9,332 30 

Sept 1–Nov 1 .................................... 0.0032 9,332 30 

Central AI 

Jan–Apr 15 ........................................ 0.0001 11,609 1 

HLA limit ..................................... 0.0001 6,965 1 

Sept 1–Nov 1 .................................... 0.0001 11,609 1 

HLA limit ..................................... 0.0001 6,965 1 

Western AI 

Jan–Apr 15 ........................................ 0 8,081 0 

HLA limit ..................................... n/a 4,849 0 

Sept 1–Nov 1 .................................... 0 8,081 0 

HLA limit ..................................... n/a 4,849 0 

Yellowfin sole 3 ......................................... BSAI .......................................................... 0.0647 190,209 n/a 

Rock sole .................................................. BSAI .......................................................... 0.0341 80,370 2,741 

Greenland turbot ....................................... BS ............................................................. 0.0645 3,145 203 

AI .............................................................. 0.0205 1,420 29 

Arrowtooth flounder 3 ................................ BSAI .......................................................... 0.069 51,000 3,519 

Kamchatka flounder 4 ............................... BSAI .......................................................... 0.069 15,044 1,038 

Flathead sole ............................................ BS trawl gear ............................................ 0.0505 53,580 2,706 

Alaska plaice ............................................ BSAI .......................................................... 0.0441 34,000 1,499 

Other flatfish ............................................. BSAI .......................................................... 0.0441 14,705 648 

Pacific ocean perch .................................. BS ............................................................. 0.1 3,222 322 

Eastern AI ................................................. 0.0077 3,733 29 

Central AI .................................................. 0.0025 3,777 9 

Western AI ................................................ 0 5,787 0 

Northern rockfish ...................................... BSAI .......................................................... 0.0084 6,197 52 

Shortraker rockfish ................................... BSAI .......................................................... 0.0037 329 1 

Rougheye rockfish 5 .................................. BS ............................................................. 0.0037 36 0 

AI .............................................................. 0.0037 416 2 

Other rockfish ........................................... BS ............................................................. 0.0048 412 2 

AI .............................................................. 0.0095 472 4 

Squid ......................................................... BSAI .......................................................... 0.3827 1,675 641 

Sharks 6 .................................................... BSAI .......................................................... 0.0541 382 21

Skates 6 ..................................................... BSAI .......................................................... 0.0541 25,500 1,380 

Sculpins 6 .................................................. BSAI .......................................................... 0.0541 25,530 1,381 

Octopus 6 .................................................. BSAI .......................................................... 0.0541 198 11 

1Aleutian Islands Pacific ocean perch, Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of the TAC of 

that species after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C). 2 Harvest specifications for Atka mackerel in the Aleutian Islands subarea are subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions. 3Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2011 and 2012 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt. 4Before 2011, arrowtooth flounder and Kamchatka flounder were managed as a single complex. 

5Before 2011, rougheye rockfish was managed in a single BSAI area. 

6Before 2011, sharks, skates, sculpins, and octopus were managed in the ‘‘other species’’ complex. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76390 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

Halibut and crab PSC limits listed in 

Table 12 that are caught by AFA catcher 

vessels participating in any groundfish 

fishery other than pollock will accrue 

against the proposed 2011 and 2012 PSC 

sideboard limits for the AFA catcher 

vessels. Sections 679.21(d)(8) and 

679.21(e)(3)(v) authorize NMFS to close 

directed fishing for groundfish other 

than pollock for AFA catcher vessels 

once a proposed 2011 and 2012 PSC 

sideboard limit listed in Table 12 is 

reached. The PSC by AFA catcher 

vessels while fishing for pollock in the 

Bering Sea subarea will accrue against 

the bycatch allowances annually 

specified for either the midwater 

pollock or the pollock/Atka mackerel/ 

‘‘other species’’ fishery categories under 

regulations at § 679.21(e)(3)(iv). 

TABLE 12—PROPOSED 2011 AND 2012 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH

SIDEBOARD LIMITS FOR THE BSAI 1

PSC species Target fishery category 2

AFA catcher vessel 

PSC sideboard limit 

ratio 

Proposed 2011 

and 2012 PSC 

limit after subtraction of PSQ 

reserves 2

Proposed 2011 

and 2012 AFA 

catcher vessel 

PSC sideboard 

limit 2

Halibut ................................................... Pacific cod trawl ................................... n/a n/a 887 

Pacific cod hook-and-line or pot ........... n/a n/a 2 

Yellowfin sole total ................................ n/a n/a 101 

Rock sole/flathead sole/other flatfish 3 n/a n/a 228 

Greenland turbot/arrowtooth/sablefish n/a n/a 0 

Rockfish ................................................ n/a n/a 2 

Pollock/Atka mackerel/other species 4 n/a n/a 5 

Red king crab Zone 1 ........................... n/a ......................................................... 0 .299 175,921 52,600 

C. opilio COBLZ 5 ................................. n/a ......................................................... 0 .168 7,555,209 1,269,275 

C. bairdi Zone 15 .................................. n/a ......................................................... 0 .33 875,140 288,796 

C. bairdi Zone 2 5 .................................. n/a ......................................................... 0 .186 2,652,210 493,311 

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

2Target fishery categories are defined in regulation at § 679.21(e)(3)(iv). 

3 ‘‘Other flatfish’’ for purposes of PSC accounting and monitoring includes all flatfish species, except for halibut (a prohibited species), 

arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 4 ‘‘Other species’’ for purposes of PSC accounting and monitoring includes sculpins, sharks, skates, and octopus. 5 Refer to § 679.2 for definitions of areas. 

Classification 

NMFS has determined that the 

proposed harvest specifications are 

consistent with the FMP and 

preliminarily determined that the 

proposed harvest specifications are 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is authorized under 50 

CFR 679.20 and is exempt from review 

under Executive Order 12866 because it 

contains no implementing regulations. 

NMFS prepared an EIS for this action 

and made it available to the public on 

January 12, 2007 (72 FR 1512). On 

February 13, 2007, NMFS issued the 

Record of Decision for the EIS. Copies 

of the EIS and Record of Decision for 

this action are available from NMFS (see 

ADDRESSES). The EIS analyzes the 

environmental consequences of the 

proposed groundfish harvest 

specifications and alternative harvest 

strategies on resources in the action 

area. The EIS found no significant 

negative environmental consequences 

from the proposed action or its 

alternatives. 

NMFS also prepared an Initial 

Regulatory Flexibility Analysis (IRFA) 

as required by section 603 of the 

Regulatory Flexibility Act. The IRFA 

evaluates the impacts on small entities 

of alternative harvest strategies for the 

groundfish fisheries in the exclusive 

economic zone off Alaska. The IRFA 

analyzed the methodology for 

establishing the relevant TACs. As set 

forth in the methodology, TACs are set 

to a level that fall within the range of 

ABCs recommended by the Science and 

Statistical Committee (SSC); the sum of 

the TACs must achieve optimum yield 

specified in the FMP. While the specific 

numbers that the methodology may 

produce vary from year to year, the 

methodology itself remains constant. 

Accordingly, NMFS is using the IRFA 

prepared for the EIS in association with 

this action. Pursuant to sections 3.2.3 

and 3.2.4 of the FMP, the established 

methodology produces ABCs and TACs 

within specified ranges and the 

numbers in this proposed rule’s 

preferred alternative are within those 

ranges. NMFS published notice of the 

availability of the IRFA and its summary 

in the classification section of the 

proposed harvest specifications for the 

groundfish fisheries in the BSAI in the 

Federal Register on December 15, 2006 

(71 FR 75460). A description of the 

action, why it is being considered, and 

the legal basis for this action are 

contained in the preamble above. This 

IRFA meets the statutory requirements 

of the Regulatory Flexibility Act of 

1980, as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (5 U.S.C. 601–612). A copy of this 

analysis is available from NMFS (see 

ADDRESSES). A summary of the IRFA 

follows. 

The action under consideration is a 

harvest strategy to govern the catch of 

groundfish in the BSAI. The preferred 

alternative is the existing harvest 

strategy in which TACs fall within the 

range of ABCs recommended by the 

SSC. This action is taken in accordance 

with the FMP prepared by the Council 

pursuant to the Magnuson-Stevens Act. 

The directly regulated small entities 

include approximately 204 small 

catcher vessels, fewer than 11 small 

catcher/processors, and six CDQ groups. 

The entities directly regulated by this 

action are those that harvest groundfish 

in the exclusive economic zone of the 

BSAI and in parallel fisheries within 

State waters. These include entities 

operating catcher vessels and catcher/ 

processor vessels within the action area, 

and entities receiving direct allocations 

of groundfish. Catcher vessels and 

catcher/processors were considered to 

be small entities if their annual gross 

receipts from all economic activities, 

including the revenue of their affiliated 

operations, totaled $4 million per year 

or less. Data from 2008 were the most 

recent available to determine the 

number of small entities. 

Estimates of first wholesale gross 

revenues for the BSAI non-CDQ and 


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CDQ sectors were used as indices of the 

potential impacts of the alternative 

harvest strategies on small entities. 

Revenues were projected to decline 

from 2006 levels in 2007 and 2008 

under the preferred alternative due to 

declines in ABCs for economically key 

groundfish species. 

The preferred alternative (Alternative 

2) was compared to four other 

alternatives. These included Alternative 

1, which would have set TACs to 

generate fishing rates equal to the 

maximum permissible ABC (if the full 

TAC were harvested), unless the sum of 

TACs exceeded the BSAI optimum 

yield, in which case TACs would have 

been limited to the optimum yield. 

Alternative 3 would have set TACs to 

produce fishing rates equal to the most 

recent five-year average fishing rates. 

Alternative 4 would have set TACs 

equal to the lower limit of the BSAI 

optimum yield range. Alternative 5, the 

‘‘no action’’ alternative, would have set 

TACs equal to zero. 

Alternatives 3, 4, and 5 produced 

smaller first wholesale revenue indices 

for both non-CDQ and CDQ sectors than 

Alternative 2. Alternative 1 revenues 

were the same as Alternative 2 revenues 

in the BSAI for both sectors. Moreover, 

higher Alternative 1 TACs are 

associated with maximum permissible 

ABCs, which may be higher than 

Alternative 2 TACs, while Alternative 2 

TACs are associated with the ABCs that 

have been recommended to the Council 

by the Plan Team and the SSC, and 

more fully consider other potential 

biological issues. For these reasons, 

Alternative 2 is the preferred 

alternative. 

NMFS also prepared a supplemental 

IRFA (SIRFA) to more specifically 

evaluate the proposed specification of 

separate OFLs and TACs for sharks, 

octopus, skates, and sculpins in the 

BSAI, consistent with the previously 

selected harvest strategy, the Tier 

system in the FMP, Amendment 95 and 

96 to the FMP, the Magnuson-Stevens 

Act, and other applicable law (See 

ADDRESSES). Amendment 95 and 96 to 

the FMP were approved by NMFS on 

September 22, 2010. 

NMFS does not anticipate that the 

specification of TACs for sculpins or 

skates will have any additional 

economic impacts on small entities 

beyond those impacts analyzed in the 

existing harvest specification IRFA 

because the proposed OFLs and ABCs 

are relatively large compared to recent 

historical catches. 

In contrast, the proposed OFLs and 

TACs for sharks and octopus could 

potentially result in some vessels 

choosing to shift the timing or location 

of their fishing activity in an effort to 

avoid high rates of incidental catch in 

an effort to avert the imposition of 

inseason management measures by 

NMFS to avoid overfishing. The impact 

of efforts undertaken by the fleet to 

avoid reaching the TAC and the 

potential closures that may follow are 

difficult to predict and would depend 

on the timing and location of incidental 

catches and the specific steps taken by 

the fleet to reduce the rate of incidental 

catch. Generally, however, the impact 

on these operations may be some 

combination of increased costs and/or 

decreased gross revenues as further 

described below. 

The 2009 Economic SAFE (see 

ADDRESSES) identifies 215 small 

groundfish entities operating in the 

BSAI in 2008, with estimated average 

2008 gross revenues from all sources of 

about $1.53 million. Most of these (204 

of them) are catcher vessels, with 

estimated average gross revenues of 

$1.49 million. About half of the catchervessels (103) are trawlers, with average 

gross revenues of about $1.71 million, 

46 are hook-and-line vessels, with 

average gross revenues of about 

$580,000, and 62 are pot vessels, with 

average gross revenues of about $1.70 

million. The SAFE estimates that there 

were 11 small catcher-processors, a 

majority (7) of which were hook-andline vessels, with average gross revenues 

of about $2.65 million. The SAFE may 

overstate the number of small entities, 

because it considers individual vessel 

gross revenues, but does not capture 

affiliations among vessels. All of these 

small entities would be directly 

regulated by the proposed action. As 

described below, however, certain small 

entities may be more likely than others 

to be adversely affected by the proposed 

action as a result of potential impacts 

associated with the incidental catch of 

sharks, octopus or skates in other target 

fisheries. 

Sharks are incidentally caught in two 

fisheries primarily. Over half of the 

incidental catch (58 percent) occurs in 

the pelagic trawl fishery for pollock and 

another 28 percent occurs in the hookand-line fishery for Pacific cod. Smaller 

amounts of sharks are taken in other 

trawl and non trawl gear fisheries. Any 

adverse impacts would be incurred by 

both large and small fishing entities in 

the BSAI. The key fleets impacted by 

the shark breakout are the pollock 

trawlers and the hook-and-line vessels 

fishing for Pacific cod. All of the pollock 

trawlers are believed to be large entities, 

either because the vessels themselves 

gross more than $4 million or because 

they are members of American Fisheries 

Act cooperatives, the affiliated members 

of which, when taken in aggregate, gross 

far in excess of the threshold. The BSAI 

hook-and-line vessels targeting Pacific 

cod are predominately large vessels. 

Two are believed to be small. 

Most of the octopus catch (59 percent) 

occurs in the pot gear fishery for Pacific 

cod. The pot gear fishery targeting 

octopus, and the hook-and-line fishery 

for Pacific cod each took another 11 

percent. Non-pelagic trawlers targeting 

Pacific cod took another nine percent. 

Most of the remainder of the catch was 

made by non-pelagic trawlers targeting 

one of several species. Although 

directed fishing for octopus is closed in 

Federal waters, directed fishing has 

occurred in State waters in the BSAI. 

Any adverse impacts would be incurred 

by both large and small fishing entities 

in the BSAI. The SAFE estimates of the 

numbers of small entities operating in 

the BSAI in 2008 were described in the 

section on BSAI sharks, above. Pot 

vessels targeting Pacific cod take a large 

proportion of the octopus catch. Most of 

the vessels in this fleet segment (which 

has an estimated 63 vessels) are small. 

Restrictions on this fleet may adversely 

impact 55 small vessels, with average 

gross revenues of about $1.78 million. 

The hook-and-line fishery for Pacific 

cod, which was discussed under sharks, 

takes a smaller proportion of octopus; 

two entities may be small. The pot 

fishery targeting octopus may include 

any of the 62 small pot vessels 

identified from the SAFE report. The 

non-pelagic trawl fishery for Pacific cod 

has 13 small entities with average gross 

revenues of about $810,000. 

NMFS considered several alternatives 

to the proposed action of specifying 

separate OFLs and TACS for BSAI 

sculpins, sharks, octopus and skate 

species complexes. However, each of 

these alternatives has been eliminated 

from further consideration because it 

either does not accomplish the stated 

objectives of, or is in conflict with the 

requirements of, applicable statutes. 

Specifically, any alternative that did not 

create seperate OFLs and TACs for 

sculpins, sharks, octopus, and skates is 

inconsistent with the Magnuson-Stevens 

Act. 

The proposed action is intended to 

fulfill the agency’s mandate to establish 

catch limits that are based on the best 

available scientific information, and 

which will achieve optimum yield 

while preventing overfishing. The 

proposed action is the alternative that is 

both consistent with the agency’s 

obligations under the MagnusonStevens Fishery Conservation and 

Management Act and the FMP and 

minimizes the likelihood that the 

specification of TACs and OFLs for the 


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sculpins, sharks, octopus and skate 

species complexes will adversely affect 

small entities. 

NMFS considered dividing the TACs 

for each of the species complexes among 

different regulatory areas in the BSAI. 

Any such further division of the TACs 

would not change the total TACs for 

each species complex in the BSAI as a 

whole. However, the incidental catch of 

fishing vessels that operate within each 

of the regulatory areas would be 

counted against a reduced TAC and 

OFL, which would increase the 

likelihood that the TAC or OFL would 

be reached and that one or more area 

closures may be triggered. 

NMFS considered excusing small 

entities from compliance with the TACs 

for each of the species complexes 

evaluated in this SIRFA. However, the 

Magnuson-Stevens Act requires NMFS 

to implement conservation and 

management measures that prevent 

overfishing. Authorizing unlimited 

incidental catch of these species 

complexes by small entities would 

present an unacceptable risk of 

overfishing, and would not be 

consistent with the agency’s obligations 

under Magnuson-Stevens Act, nor with 

the requirements of the Council’s FMP. 

In order to minimize the economic 

impacts of the proposed action, NMFS 

considered allocating relatively large 

portions of the TACs for each of the 

species complexes to potentially 

affected small entities. However, any 

such allocation, which would be 

motivated solely by economic 

considerations under the RFA, would 

not be consistent with National 

Standard 5, which states that ‘‘no 

[conservation and management 

measure] shall have economic allocation 

as its sole purpose.’’ 16 U.S.C. 

1851(a)(5). 

Finally, NMFS considered 

establishing a single group TAC for all 

four of the species complexes in the 

BSAI, which would substantially reduce 

the likelihood that incidental catch 

would reach or exceed the TAC or OFL 

and result in area closures of target 

fisheries. However, the establishment of 

a stock complex comprised of species 

with such disparate life histories would 

not be consistent with the statutory 

requirement to establish catch limits 

that prevent overfishing for stocks in the 

fishery, nor with the Council’s intent in 

enacting Amendments 95 and 96. 

This action does not modify 

recordkeeping or reporting 

requirements, or duplicate, overlap, or 

conflict with any Federal rules. 

Adverse impacts on marine mammals 

resulting from fishing activities 

conducted under these harvest 

specifications are discussed in the Final 

EIS (see ADDRESSES). 

Authority: 16 U.S.C. 773 et seq., 1801 et 

seq., 3631 et seq.; Public Law 108–447. 

Dated: December 2, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–30692 Filed 12–7–10; 8:45 am] 

BILLING CODE 3510–22–P 


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