76352 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

form blooms commonly referred to as 

red tides, or harmful algal blooms 

(HABs), and can produce toxins that 

accumulate in water column filterfeeding shellfish. Shellfish 

contaminated with the toxin, if eaten in 

large enough quantity, can cause illness 

or death in humans. 

Due to inadequate testing or 

monitoring of the GB Closed Area for 

the presence of PSP-causing toxins, the 

closure was made permanent in 1999, 

under Amendment 12 to the Atlantic 

Surfclam and Ocean Quahog Fishery 

Management Plan (FMP). Since the 

implementation of the permanent 

closure, NOAA’s National Ocean 

Service (NOS) has provided grants to 

the FDA; the States of Maine, New 

Hampshire, and Massachusetts; and a 

clam industry representative to collect 

water and shellfish samples from 

Federal waters off of southern New 

England. The FDA, in consultation with 

NMFS and several States, also 

developed the Protocol for Onboard 

Screening and Dockside Testing in 

Molluscan Shellfish (Protocol), which is 

designed to test and verify that clams 

harvested from GB are safe. NMFS first 

issued an Exempted Fishing Permit 

(EFP) on January 9, 2008, to Truex 

Enterprises of New Bedford, MA, to 

allow for testing the efficacy of 

harvesting surfclams and ocean quahogs 

from a portion of the GB Closed Area 

using the Protocol. The EFP was 

subsequently renewed on January 22, 

2009, and December 10, 2009. 

On January 21, 2010, NMFS received 

a letter from the FDA requesting that 

NMFS open a portion of the GB Closed 

Area, as specified at 648.73(a), to the 

harvest of surfclams and ocean quahogs 

for human consumption. The FDA 

indicated that testing of clams from the 

portion of the GB Closed Area known as 

Cultivator Shoal had demonstrated that 

PSP toxin levels were well below the 

regulatory limit established for public 

health and safety. This information 

contributed to the FDA’s determination 

that harvesting of surfclams and ocean 

quahogs from this area is once again 

safe. In response to the FDA’ s request, 

NMFS published the aforementioned 

proposed rule to solicit public 

comments on the FDA’s request to open 

a portion of the GB Closed Area. 

Basis for Withdrawal 

During the public comment period, 

NMFS received substantive comments 

from leading experts in PSP, who 

questioned the validity of the data on 

which the proposed re-opening is based, 

and strongly cautioned against reopening the area without a rigorous 

testing protocol designed to protect the 

public health. Several other comments 

were also received in support of a reopening, but with the use of the FDAapproved Protocol. 

Upon review of public comments, 

NMFS agrees that testing is necessary to 

ensure clams harvested from the area 

are safe for human consumption. The 

proposed rule did not propose any 

additional requirements such as a 

testing protocol. The Regional 

Administrator does not have the 

authority to implement a testing 

protocol under the existing regulations 

for the FMP. Therefore, NMFS is 

withdrawing the proposed rule. 

Comments and Responses 

During the public comment period on 

the proposed rule, 11 comments were 

received. Two comments were in 

support of the re-opening; six comments 

supported the re-opening, but with the 

use of the FDA-approved Protocol; two 

comments were opposed to the action, 

due to lack of a monitoring requirement; 

and one comment was opposed to the 

re-opening but did not supply any 

significant rationale for the opposition. 

Comment 1: Two experts questioned 

the validity of the data on which the 

proposed opening of the GB Closed Area 

is based, and strongly cautioned NMFS 

against re-reopening the area without a 

rigorous testing protocol to ensure the 

clams harvested from the area are safe. 

Six comments were in support of the reopening, but with the use of the FDA 

approved Protocol. 

Response: NMFS agrees that testing is 

necessary; however, the proposed rule 

only proposed to re-open an area, and 

did not propose any additional 

requirements such as a testing protocol. 

The Regional Administrator does not 

have the authority to implement a 

monitoring requirement under the 

existing regulations implementing the 

FMP. 

Comment 2: One commenter 

supported the re-opening, since the FDA 

determined that clams from the area 

were safe. This commenter stated that 

the industry should be permitted to 

harvest clams from the area. The 

commenter further supported the reopening because a large portion, roughly 

50 percent of the surfclam and ocean 

quahog biomass, is located in GB and 

opening a portion of the GB Closed Area 

would alleviate fishing pressure on 

areas that are experiencing declines in 

landings per unit of effort. 

Response: NMFS recognizes that reopening a portion of the GB Closed Area 

may help address problems associated 

with localized depletion. However, 

given the significant health risk 

associated with opening the area 

without a sufficient monitoring program 

to ensure that clams harvested from the 

area are safe for human consumption, 

NMFS will not take action to re-open 

the area. NMFS does not have the 

authority to implement a monitoring 

requirement under the existing 

regulations implementing the FMP. 

NMFS would consider supporting a 

Mid-Atlantic Fishery Management 

Council action to open the area, 

provided a sufficient monitoring 

program was included as part of the 

action. 

Comment 3: One commenter 

supported the proposed opening, but 

expressed concern as to whether there 

were enough data to support the finding 

that ocean quahogs harvested from GB 

are safe. 

Response: NMFS agrees this is a valid 

concern. Based on the significant 

comments received on this action, and 

given the significant risk associated 

with opening the area without a testing 

protocol, NMFS is withdrawing the 

proposed rule. 

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

Dated: December 2, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–30874 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. 101126522–0522–02 ] 

RIN 0648–XZ89 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska; 

Proposed 2011 and 2012 Harvest 

Specifications for Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes 2011 and 

2012 harvest specifications, 

apportionments, and Pacific halibut 

prohibited species catch limits for the 

groundfish fishery of the Gulf of Alaska 

(GOA). This action is necessary to 

establish harvest limits for groundfish 

during the 2011 and 2012 fishing years 

and to accomplish the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Gulf of 


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Alaska. The intended effect of this 

action is to conserve and manage the 

groundfish resources in the GOA in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act. 

DATES: Comments must be received by 

January 7, 2011. 

ADDRESSES: Send comment to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by RIN 0648– 

XZ89, by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

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. Comment will 

generally be posted without change. All 

Personal Identifying Information (for 

example, name, address) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

Confidential Business Information or 

otherwise sensitive or protected 

information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Electronic copies of the Alaska 

Groundfish Harvest Specifications Final 

Environmental Impact Statement (Final 

EIS), the Initial Regulatory Flexibility 

Analysis (IRFA), and the Supplemental 

IRFA prepared for this action may be 

obtained from http:// 

www.regulations.gov or from the Alaska 

Region Web site at http:// 

alaskafisheries.noaa.gov. Copies of the 

final 2009 Stock Assessment and 

Fishery Evaluation (SAFE) report for the 

groundfish resources of the GOA, dated 

November 2009, are available from the 

North Pacific Fishery Management 

Council (Council) at 605 West 4th 

Avenue, Suite 306, Anchorage, AK 

99510–2252, phone 907–271–2809, or 

from the Council’s Web site at http:// 

alaskafisheries.noaa.gov/npfmc. The 

draft 2010 SAFE report for the GOA will 

be available from the same sources in 

November 2010. 

FOR FURTHER INFORMATION CONTACT: Tom 

Pearson, 907–481–1780, or Obren Davis, 

907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the GOA groundfish fisheries 

in the exclusive economic zone (EEZ) of 

the GOA under the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP). The Council prepared the 

FMP under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), 16 U.S.C. 

1801, et seq. Regulations governing U.S. 

fisheries and implementing the FMP 

appear at 50 CFR parts 600, 679, and 

680. 

These proposed specifications are 

based in large part on the 2009 SAFE 

report (see ADDRESSES). In December 

2010, the Council will consider the draft 

2010 SAFE report to develop its 

recommendations for the final 2011 and 

2012 acceptable biological catch (ABC) 

amounts and total allowable catch 

(TAC) limits. In addition to the 

proposed specifications, this proposed 

rule identifies anticipated changes to 

the proposed specifications that might 

result from the Council’s review of the 

2010 SAFE report for public review. 

The FMP and its implementing 

regulations require NMFS, after 

consultation with the Council, to 

specify the TACs for each target species, 

the sum of which must be within the 

optimum yield (OY) range of 116,000 to 

800,000 metric tons (mt). Section 

679.20(c)(1) further requires NMFS to 

publish and solicit public comment on 

proposed annual TACs, halibut 

prohibited species catch (PSC) amounts, 

and seasonal allowances of pollock and 

inshore/offshore Pacific cod. The 

proposed specifications in Tables 1 

through 18 of this document satisfy 

these requirements. For 2011 and 2012, 

the sum of the proposed TAC amounts 

is 330,746 mt. Under § 679.20(c)(3), 

NMFS will publish the final 2011 and 

2012 specifications after (1) considering 

comments received within the comment 

period (see DATES), (2) consulting with 

the Council at its December 2010 

meeting, and (3) considering 

information presented in the Final EIS 

(see ADDRESSES) and the final 2010 

SAFE report prepared for the 2011 and 

2012 groundfish fisheries. 

Other Actions Potentially Affecting the 

2011 and 2012 Harvest Specifications 

NMFS published a final rule to 

implement Amendment 87 to the FMP 

on October 6, 2010 (75 FR 61639), 

effective November 5, 2010. 

Amendment 87 moves sharks, sculpins, 

squids, and octopuses from the ‘‘other 

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

category in the GOA and eliminates the 

‘‘other species’’ category in the GOA 

FMP. Amendment 87 revises the FMP to 

meet the National Standard 1 guidelines 

for annual catch limits and 

accountability measures and requires 

that overfishing levels (OFLs), ABCs, 

and TACs be established for sharks, 

sculpins, squids, and octopuses as part 

of the annual groundfish harvest 

specifications process. Based on the 

2009 SAFE report, NMFS proposes 

ABCs, TACs, and OFLs for sharks, 

sculpins, octopuses, and squids listed in 

Table 1. 

Implementation of Amendment 87 to 

the FMP was necessary to comply with 

Magnuson-Stevens Act requirements 

associated with annual catch limits and 

accountability measures and will result 

in revisions to how total annual 

groundfish mortality is estimated and 

accounted for in the annual SAFE 

reports. These revisions may affect the 

OFLs and ABCs for certain groundfish 

species. Specifically, NMFS will 

attempt to identify additional sources of 

mortality to groundfish stocks not 

currently reported or considered by the 

groundfish stock assessments in 

recommending OFLs, ABCs, and TACs 

for certain groundfish species. These 

additional sources of mortality result 

from recreational fishing, subsistence 

fishing, trawl and hook-and-line 

surveys, exempted fishing permits, 

research, commercial halibut fisheries, 

crab bait, sablefish catch predation by 

whales, or other sources of mortality not 

yet identified. Many of the sources of 

this mortality have been identified, 

some of which are currently unreported 

due to the absence of formal reporting 

protocols. 

NMFS intends to develop a single 

database that stock assessment authors 

can access through a single source such 

as the Alaska Fisheries Information 

Network. The development of this data 

base will require the cooperation of 

several agencies including NMFS, the 

Alaska Department of Fish and Game, 

and the International Pacific Halibut 

Commission (IPHC). At its October 2010 

meeting, the Council’s groundfish Plan 

Teams recommended the formation of a 

total catch accounting working group to 

assist NMFS in developing a 

methodology to estimate total catch of 

groundfish. While much of the 

information is currently available and 

will be incorporated into the final 2010 

SAFE report, the development of an 

adequate methodology is ongoing and 

not fully ready for use in the final SAFE 

report. NMFS intends to have this 


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information fully available for the 2011 

assessment cycle. 

In conjunction with the 

implementation of Amendment 87, 

during its October 2010 meeting, the 

Council made additional 

recommendations with respect to the 

management of octopuses. The Council, 

in response to the fishing industry’s 

concerns that new requirements for 

ACLs for octopuses may constrain 

commercial fisheries, initiated an 

analysis for amendments to the FMP 

that would consider moving octopuses 

into the ecosystem category or create 

octopus discard mortality rates. Initial 

review and final action are scheduled 

tentatively for April and June 2011, 

respectively. The intent is for the 

amendments to be implemented for the 

2012 fisheries. 

The Council, at its December 2009 

meeting, took final action to recommend 

a Pacific cod sector split in the Western 

and Central GOA. If approved by the 

Secretary of Commerce, the Pacific cod 

TAC would be allocated in the Western 

GOA among trawl catcher/processors 

(C/Ps), trawl catcher vessels (CVs), 

hook-and-line C/Ps, hook-and-line CVs, 

combined CP and CV pot vessels, and 

jig vessels; and in the Central GOA 

among trawl C/Ps, trawl catcher vessels 

(CVs), hook-and-line C/Ps, hook-andline CVs less than 50 feet length overall, 

hook-and-line CVs equal to or greater 

than 50 feet length overall, combined C/ 

P and CV pot vessels, and jig vessels. 

Sector allocations may provide stability 

to long-term participants in the fishery 

by reducing competition among sectors 

for access to the GOA Pacific cod 

resource. NMFS intends to publish 

proposed and final rulemaking for this 

action during 2011. If these sector 

allocations are approved and 

implemented for the 2012 Pacific cod 

fishery in the Western and Central GOA, 

the allocations of the Pacific cod TAC 

between the inshore and offshore 

components in the Western and Central 

GOA would be discontinued and 

replaced by allocations to each sector 

noted above. 

Proposed ABC and TAC Specifications 

The amounts proposed for the 2011 

and 2012 harvest specifications are 

based on the 2009 SAFE report. The 

proposed ABCs and TACs could be 

changed in the final harvest 

specifications depending on the most 

recent scientific information contained 

in the final 2010 SAFE report. The 

SAFE report contains a review of the 

latest scientific analyses and estimates 

of each species’ biomass and other 

biological parameters, as well as 

summaries of the available information 

on the GOA ecosystem and the 

economic condition of the groundfish 

fisheries off Alaska. From these data and 

analyses, the GOA Groundfish Plan 

Team (Plan Team) estimates an ABC for 

each species category. 

At the October 2010 Council meeting, 

the Council, the Scientific and 

Statistical Committee (SSC), and the 

Advisory Panel (AP) reviewed most 

recent biological and harvest 

information about the condition of 

groundfish stocks in the GOA. This 

information was initially compiled by 

the Plan Team and presented in the 

final 2009 SAFE report for the GOA 

groundfish fisheries, dated November 

2009 (see ADDRESSES). In November 

2010, the Plan Team will update the 

2009 SAFE report to include new 

information collected during 2010, such 

as revised stock assessments and catch 

data. The Plan Team will compile this 

information and produce the draft 2010 

SAFE report in time for the Council to 

review it during the December 2010 

Council meeting. Upon completing its 

review, the Council will formally 

approve the draft 2010 SAFE report. 

Once this approval occurs, the draft 

2010 SAFE report will be considered 

final. The Council also will consider 

information contained in the draft 2010 

SAFE report, the recommendations 

made by the Plan Team during its 

November 2010 meeting, information 

from the December 2010 SSC and AP 

meetings, public testimony, and 

relevant written public comments in 

making its recommendations for the 

final 2011 and 2012 harvest 

specifications. 

In previous years the largest changes 

from the proposed to the final harvest 

specifications have been based on the 

most recent NMFS stock surveys, which 

provide updated estimates of stock 

biomass and spatial distribution, and 

changes to the models used for making 

stock assessments. NMFS scientists 

presented updated and new survey 

results, changes to assessment models, 

and accompanying stock estimates at 

the September Plan Team meeting, and 

the SSC reviewed this information at the 

October 2010 Council meeting. In 

November 2010, the Plan Team 

considered updated stock assessments 

for pollock, Pacific cod, sablefish, 

sharks, squids, sculpins, and octopuses 

which were included in the draft 2010 

SAFE report. For the other groundfish 

stocks without recent surveys or other 

new scientific information, NMFS will 

update the assessments to include any 

other available, recent information, such 

as 2010 catch. Thus, NMFS does not 

expect the final harvest specification 

amounts for the latter group of stocks 

(i.e., those without recent surveys) to 

vary greatly from the proposed 

specification amounts published here. 

If the draft 2010 SAFE report 

indicates that the stock biomass trend is 

increasing for a species, then the final 

2011 and 2012 harvest specifications for 

that species may reflect an increase from 

the proposed harvest specifications. The 

draft 2010 SAFE reports indicate that 

the biomass trend for pollock, Pacific 

cod, Rex sole, arrowtooth flounder, 

northern rockfish, and demersal shelf 

rockfish may be increasing. Conversely, 

if the draft 2010 SAFE report indicates 

that the stock biomass trend is 

decreasing for a species, then the final 

2011 and 2012 harvest specifications 

may reflect a decrease from the 

proposed harvest specifications. The 

draft 2010 SAFE reports indicate that 

the biomass trend for flathead sole, 

pelagic shelf rockfish, and sharks may 

be decreasing. Notwithstanding the 

apparent decrease in the shark biomass, 

the Plan Team will be recommending an 

alternative method for calculating shark 

OFL to the SSC at the December 2010 

Council meeting. If the SSC concurs 

with this method, the final harvest 

specifications may reflect an increasing 

OFL, ABC, and TAC for sharks. 

The biomass trends for species 

otherwise not listed above are relatively 

level and stable. However, with respect 

to octopuses, the Plan Team also will 

recommend an alternative method to 

calculate the octopus OFL to the SSC at 

the December 2010 Council meeting. 

This method varies from the default 

method of using Tier 6 methodology as 

specified in the FMP. The new method 

would incorporate octopus biomass 

estimates from recent GOA groundfish 

trawl surveys, in combination with 

historical catch data, to calculate the 

OFL for octopuses. If accepted by the 

SSC, this change could result in an 

increasing OFL, ABC, and TAC for 

octopuses. 

The proposed ABCs and TACs are 

based on the best available biological 

and socioeconomic data, including 

projected biomass trends, information 

on assumed distribution of stock 

biomass, and revised methods used to 

calculate stock biomass. The FMP 

specifies the formulas, or tiers, to be 

used to compute ABCs and OFLs. 

Fisheries scientists determine formulas 

applicable to a particular stock or stock 

complex based on the level of available, 

reliable information. This information is 

categorized in the FMP into a successive 

series of six tiers to define OFL and ABC 

amounts, with tier one representing the 

highest level of information quality 

available and tier six representing the 


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lowest level of information quality 

available. 

The SSC adopted the proposed 2011 

and 2012 OFLs and ABCs recommended 

by the Plan Team for all groundfish 

species. The Council adopted the SSC’s 

OFL and ABC recommendations and the 

AP’s TAC recommendations. These 

amounts are unchanged from the final 

2011 harvest specifications published in 

the Federal Register on March 12, 2010 

(75 FR 11749) . The exceptions to this 

are the establishment of individual ABC 

and TAC amounts for sculpins, sharks, 

squid, and octopuses per the adoption 

of Amendment 87 to the FMP, as 

previously described. For 2011 and 

2012, the Council recommended and 

NMFS proposes the OFLs, ABCs, and 

TACs listed in Table 1. The proposed 

ABCs reflect harvest amounts that are 

less than the specified overfishing 

amounts. The sum of the proposed 2011 

and 2012 ABCs for all assessed 

groundfish is 605,086 mt, which is 

higher than the final 2010 ABC total of 

565,499 mt (75 FR 11749, March 12, 

2010). 

Specification and Apportionment of 

TAC Amounts 

The Council recommended proposed 

TACs for 2011 and 2012 that are equal 

to proposed ABCs for pollock, deepwater flatfish, rex sole, sablefish, Pacific 

ocean perch, shortraker rockfish, 

rougheye rockfish, northern rockfish, 

pelagic shelf rockfish, thornyhead 

rockfish, demersal shelf rockfish, skates, 

sharks, sculpins, squids, and octopuses. 

The Council recommended other 

proposed TACs for 2011 and 2012 that 

are less than the proposed ABCs for 

certain species: Pacific cod, flathead 

sole, shallow-water flatfish, arrowtooth 

flounder, and other rockfish. The Pacific 

cod TACs are set to accommodate the 

State of Alaska’s (State) GHLs for Pacific 

cod so that the ABC is not exceeded. 

The flathead sole, shallow-water 

flatfish, and arrowtooth flounder TACs 

are set to conserve the halibut PSC limit 

for use in other fisheries. The other 

rockfish TACs are set to reduce the 

amount of discards in the Southeast 

Outside (SEO) District. The Atka 

mackerel TAC is set to accommodate 

incidental catch amounts. 

The ABC for the pollock stock in the 

combined Western, Central, and West 

Yakutat Regulatory Areas (W/C/WYK) 

has been adjusted to reflect the 

Guideline Harvest Level (GHL) 

established by the State for the Prince 

William Sound (PWS) pollock fishery 

since its inception in 1995. Genetic 

studies revealed that the pollock in PWS 

was not a separate stock from the 

combined W/C/WYK population. 

Accordingly, the Council recommended 

decreasing the W/C/WYK pollock ABC 

to account for the State’s PWS GHL. For 

2011, the PWS GHL for pollock is 1,650 

mt. 

The apportionment of annual pollock 

TAC among the Western and Central 

Regulatory Areas of the GOA reflects the 

seasonal biomass distribution and is 

discussed in greater detail below. The 

annual pollock TAC in the Western and 

Central Regulatory Areas of the GOA is 

apportioned among Statistical Areas 

610, 620, and 630, and divided equally 

among each of the following four 

seasons: The A season (January 20 

through March 10), the B season (March 

10 through May 31), the C season 

(August 25 through October 1), and the 

D season (October 1 through November 

1) (50 CFR 679.23(d)(2)(i) through (iv), 

and 679.20(a)(5)(iv)(A), (B)). 

As in 2010, the SSC and Council 

recommended that the method of 

apportioning the sablefish ABC among 

management areas in 2011 and 2012 

include commercial fishery and survey 

data. NMFS stock assessment scientists 

believe that unbiased commercial 

fishery catch-per-unit-effort data are 

useful for stock distribution 

assessments. NMFS evaluates annually 

the use of commercial fishery data to 

ensure that unbiased information is 

included in stock distribution models. 

The Council’s recommendation for 

sablefish area apportionments also takes 

into account the prohibition on the use 

of trawl gear in the SEO District of the 

Eastern Regulatory Area and makes 

available five percent of the combined 

Eastern Regulatory Area TACs to trawl 

gear for use as incidental catch in other 

directed groundfish fisheries in the 

WYK District (§ 679.20(a)(4)(i)). 

The AP, SSC, and Council 

recommended apportionment of the 

ABC for Pacific cod in the GOA among 

regulatory areas based on the three most 

recent NMFS summer trawl surveys. 

The proposed 2011 and 2012 Pacific cod 

TACs are affected by the State’s fishery 

for Pacific cod in State waters in the 

Western and Central Regulatory Areas, 

as well as in PWS. The Plan Team, SSC, 

AP, and Council recommended that the 

sum of all State and Federal water 

Pacific cod removals from the GOA not 

exceed ABC recommendations. 

Accordingly, the Council recommended 

reducing the proposed 2011 and 2012 

Pacific cod TACs in the proposed ABCs 

for the Eastern, Central, and Western 

Regulatory Areas to account for State 

GHLs. Therefore, the proposed 2011 and 

2012 Pacific cod TACs are less than the 

proposed ABCs by the following 

amounts: (1) Eastern GOA, 734 mt; (2) 

Central GOA, 15,174 mt; and (3) 

Western GOA, 8,566 mt. These amounts 

reflect the sum of the State’s 2011 and 

2012 guideline harvest levels in these 

areas, which are 25 percent of the 

Eastern, Central, and Western GOA 

proposed ABCs. In 2011, the State 

waters Pacific cod GHL in PWS was 

increased from 15 to 25 percent of the 

Eastern GOA Pacific cod ABC, per the 

recommendations of State of Alaska 

Department of Fish and Game fisheries 

managers. Thus, the corresponding 2011 

and 2012 Eastern GOA Pacific cod TAC 

may decrease in final harvest 

specifications to accommodate the 

increased State GHL in that area. 

NMFS also is proposing seasonal 

apportionments of the annual Pacific 

cod TACs in the Western and Central 

Regulatory Areas. Sixty percent of the 

annual TAC is apportioned to the A 

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

from January 1 through June 10, and for 

trawl gear from January 20 through June 

10. Forty percent of the annual TAC is 

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

1 through December 31, and for trawl 

gear from September 1 through 

November 1 (§§ 679.23(d)(3) and 

679.20(a)(12)). 

As in 2010, NMFS proposes to 

establish for 2011 and 2012 an A season 

directed fishing allowance (DFA) for the 

Pacific cod fisheries in the GOA based 

on the management area TACs minus 

the recent average A season incidental 

catch of Pacific cod in each management 

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

DFA and incidental catch before June 10 

will be managed such that total catch in 

the A season will be no more than 60 

percent of the annual TAC. Incidental 

catch taken after June 10 will continue 

to accrue against the B season TAC. This 

action meets the intent of the Steller sea 

lion protection measures by achieving 

temporal dispersion of the Pacific cod 

removals and reducing the likelihood of 

catch exceeding 60 percent of the 

annual TAC in the A season. 

The sum of the proposed TACs for all 

GOA groundfish is 330,746 mt for 2011 

and 2012, which is within the OY range 

specified by the FMP. The sums of the 

proposed 2011 and 2012 TACs are 

higher than the sum of the 2010 TACs 

of 292,087 mt, but are unchanged from 

the 2011 TACs currently specified for 

the GOA groundfish fisheries (75 FR 

11788, March 12, 2010), with the 

exception of the Eastern GOA Pacific 

Cod TAC and the TACs for the major 

taxonomic groups (sharks, squids, 

octopuses, and sculpins), which used to 

compose the ‘‘other species’’ category. 

Table 1 lists the proposed 2011 and 

2012 ABCs, TACs, and OFLs and area 

apportionments of groundfish in the 


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GOA. These amounts are consistent 

with the biological condition of 

groundfish stocks as described in the 

2009 SAFE report, and adjusted for 

other biological and socioeconomic 

considerations, including maintaining 

the total TAC within the required OY 

range. These proposed amounts are 

subject to change pending the 

completion of the draft 2010 SAFE 

report and the Council’s 

recommendations for the final 2011 and 

2012 harvest specifications during its 

December 2010 meeting. 

TABLE 1—PROPOSED 2011 AND 2012 ABCS, TACS, AND OFLS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST

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

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

[Values are rounded to the nearest metric ton] 

Species Area 1 ABC TAC OFL 

Pollock 2 .................................................... Shumagin (610) ........................................ 34,728 34,728 n/a 

Chirikof (620) ............................................ 37,159 37,159 n/a 

Kodiak (630) ............................................. 25,287 25,287 n/a 

WYK (640) ................................................ 2,686 2,686 n/a 

W/C/WYK (subtotal) .......................... 99,860 99,860 135,010 

SEO (650) ................................................ 9,245 9,245 12,326 

Total .................................................. 109,105 109,105 147,336 

Pacific cod 3 .............................................. W .............................................................. 34,265 25,699 n/a 

C ............................................................... 60,698 45,524 n/a 

E ............................................................... 2,937 2,203 n/a 

Total .................................................. 97,900 73,426 116,700 

Sablefish 4 ................................................. W .............................................................. 1,488 1,488 n/a

C ............................................................... 4,042 4,042 n/a 

WYK ......................................................... 1,450 1,450 n/a 

SEO .......................................................... 2,320 2,320 n/a 

E (WYK and SEO) (subtotal) ............ 3,770 3,770 n/a 

Total .................................................. 9,300 9,300 11,008 

Shallow-water flatfish 6 .............................. W .............................................................. 23,681 4,500 n/a 

C ............................................................... 29,999 13,000 n/a 

WYK ......................................................... 1,228 1,228 n/a 

SEO .......................................................... 1,334 1,334 n/a 

Total .................................................. 56,242 20,062 67,768 

Deep-water flatfish 5 .................................. W .............................................................. 530 530 n/a 

C ............................................................... 2,928 2,928 n/a 

WYK ......................................................... 2,089 2,089 n/a 

SEO .......................................................... 778 778 n/a 

Total .................................................. 6,325 6,325 7,847 

Rex sole .................................................... W .............................................................. 1,521 1,521 n/a 

C ............................................................... 6,312 6,312 n/a 

WYK ......................................................... 871 871 n/a 

SEO .......................................................... 888 888 n/a 

Total .................................................. 9,592 9,592 12,534 

Arrowtooth flounder .................................. W .............................................................. 34,263 8,000 n/a 

C ............................................................... 144,262 30,000 n/a 

WYK ......................................................... 22,501 2,500 n/a 

SEO .......................................................... 11,693 2,500 n/a 

Total .................................................. 212,719 43,000 250,559 

Flathead sole ............................................ W .............................................................. 17,520 2,000 n/a 

C ............................................................... 28,190 5,000 n/a 

WYK ......................................................... 2,068 2,068 n/a 

SEO .......................................................... 1,508 1,508 n/a 

Total .................................................. 49,286 10,576 61,601 

Pacific ocean perch 7 ................................ W .............................................................. 2,797 2,797 3,220 

C ............................................................... 10,377 10,377 11,944 

WYK ......................................................... 1,937 1,937 n/a 

SEO .......................................................... 1,882 1,882 n/a 


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TABLE 1—PROPOSED 2011 AND 2012 ABCS, TACS, AND OFLS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST

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

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

[Values are rounded to the nearest metric ton] 

Species Area 1 ABC TAC OFL 

E (WYK and SEO) (subtotal) ............ 3,819 3,819 4,396 

Total .................................................. 16,993 16,993 19,560 

Northern rockfish 8 9 .................................. W .............................................................. 2,549 2,549 n/a 

C ............................................................... 2,259 2,259 n/a 

E ............................................................... 0 0 n/a 

Total .................................................. 4,808 4,808 5,730 

Shortraker rockfish 11 ................................ W .............................................................. 134 134 n/a 

C ............................................................... 325 325 n/a 

E ............................................................... 455 455 n/a 

Total .................................................. 914 914 1,219 

Other rockfish 9 12 ...................................... W .............................................................. 212 212 n/a 

C ............................................................... 507 507 n/a 

WYK ......................................................... 273 273 n/a 

SEO .......................................................... 2,757 200 n/a 

Total .................................................. 3,749 1,192 4,881 

Pelagic shelf rockfish 13 ............................ W .............................................................. 607 607 n/a 

C ............................................................... 3,035 3,035 n/a 

WYK ......................................................... 405 405 n/a 

SEO .......................................................... 680 680 n/a 

Total .................................................. 4,727 4,727 5,739 

Rougheye and Blackspotted rockfish 10 ... W .............................................................. 81 81 n/a 

C ............................................................... 869 869 n/a 

E ............................................................... 363 363 n/a 

Total .................................................. 1,313 1,313 1,581 

Demersal shelf rockfish 14 ......................... SEO .......................................................... 295 295 472 

Thornyhead rockfish ................................. W .............................................................. 425 425 n/a 

C ............................................................... 637 637 n/a 

E ............................................................... 708 708 n/a 

Total .................................................. 1,770 1,770 2,360 

Atka mackerel ........................................... GW ........................................................... 4,700 2,000 6,200 

Big skate 15 ............................................... W .............................................................. 598 598 n/a 

C ............................................................... 2,049 2,049 n/a 

E ............................................................... 681 681 n/a 

Total .................................................. 3,328 3,328 4,438 

Longnose skate 16 ..................................... W .............................................................. 81 81 n/a 

C ............................................................... 2,009 2,009 n/a 

E ............................................................... 762 762 n/a 

Total .................................................. 2,852 2,852 3,803 

Other skates 17 .......................................... GW ........................................................... 2,093 2,093 2,791 

Sharks ....................................................... GW ........................................................... 957 957 1,276 

Squids ....................................................... GW ........................................................... 1,148 1,148 1,530 

Octopuses ................................................. GW ........................................................... 224 224 298 

Sculpins .................................................... GW ........................................................... 4,746 4,746 6,328 

Total ................................................... ................................................................... 605,086 330,746 743,559 

1 Regulatory areas and districts are defined at § 679.2. (W=Western Gulf of Alaska; C=Central Gulf of Alaska; E=Eastern Gulf of Alaska; 

WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide). 


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

based on an adjusted estimate of the relative distribution of pollock biomass of approximately 30%, 46%, and 24% in Statistical Areas 610, 620, 

and 630, respectively. During the B season, the apportionment is based on the relative distribution of pollock biomass at 30%, 54%, and 16% in 

Statistical Areas 610, 620, and 630, respectively. During the C and D seasons, the apportionment is based on the relative distribution of pollock 

biomass at 41%, 27%, and 32% in Statistical Areas 610, 620, and 630, respectively. Table 4 lists the proposed 2011 and 2012 pollock seasonal 

apportionments. In the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances. 3The annual Pacific cod TAC is apportioned 60% to the A season and 40% to the B season in the Western and Central Regulatory Areas of 

the GOA. Pacific cod is allocated 90% for processing by the inshore component and 10% for processing by the offshore component. Table 5 lists 

the proposed 2011 and 2012 Pacific cod seasonal apportionments. 4Sablefish is allocated to trawl and hook-and-line gears for 2011 and to trawl gear in 2012. Tables 2 and 3 list the proposed 2011 and 2012 

sablefish TACs. 5 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, and deepsea sole. 6 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder. 7 ‘‘Pacific ocean perch’’ means Sebastes alutus. 8 ‘‘Northern rockfish’’ means Sebastes polyspinous. For management purposes the 2 mt apportionment of ABC to the Eastern Gulf of Alaska 

has been included in the slope rockfish complex. 9 ‘‘Slope rockfish’’ means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri 

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

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

and S. reedi (yellowmouth). In the Eastern GOA only, slope rockfish also includes northern rockfish, S. polyspinous. 10 ‘‘Rougheye rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted). 11 ‘‘Shortraker rockfish’’ means Sebastes borealis. 12 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District means slope rockfish and demersal shelf 

rockfish. The category ‘‘other rockfish’’ in the SEO District means slope rockfish. 13 ‘‘Pelagic shelf rockfish’’ means, S. variabilis (dusky), S. entomelas (widow), and S. flavidus (yellowtail). 14 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. 

helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). 15 ‘‘Big skate’’ means Raja binoculata. 16 ‘‘Longnose skate’’ means Raja rhina. 17 ‘‘Other skates’’ means Bathyraja spp. 

Proposed Apportionment of Reserves 

Section 679.20(b)(2) requires that 20 

percent of each TAC for pollock, Pacific 

cod, flatfish, skates, sharks, squids, 

sculpins, and octopuses be set aside in 

reserves for possible apportionment at a 

later date during the fishing year. In 

2010, NMFS apportioned all of the 

reserves in the final harvest 

specifications. For 2011 and 2012, 

NMFS proposes reapportionment of all 

the reserves for pollock, Pacific cod, 

flatfish, skates, sharks, squids, sculpins, 

and octopuses. Table 1 reflects the 

apportionment of reserve amounts for 

these species and species groups. Each 

proposed TAC for the above mentioned 

species categories contains the full TAC 

recommended by the Council, since no 

reserve was created from the relevant 

species categories. 

Proposed Allocations of the Sablefish 

TAC Amounts to Vessels Using Hookand-Line and Trawl Gear 

Section 679.20(a)(4)(i) and (ii) require 

allocations of sablefish TACs for each of 

the regulatory areas and districts to 

hook-and-line and trawl gear. In the 

Western and Central Regulatory Areas, 

80 percent of each TAC is allocated to 

hook-and-line gear, and 20 percent of 

each TAC is allocated to trawl gear. In 

the Eastern Regulatory Area, 95 percent 

of the TAC is allocated to hook-and-line 

gear and five percent is allocated to 

trawl gear. The trawl gear allocation in 

the Eastern GOA may only be used to 

support incidental catch of sablefish in 

directed fisheries for other target species 

(§ 679.20(a)(4)(i)). In recognition of the 

trawl ban in the SEO District of the 

Eastern Regulatory Area, the Council 

recommended and NMFS proposes the 

allocation of five percent of the 

combined Eastern Regulatory Area 

sablefish TAC to trawl gear in the WYK 

District and the remainder of the WYK 

sablefish TAC be available to vessels 

using hook-and-line gear. As a result, 

NMFS proposes to allocate 100 percent 

of the sablefish TAC in the SEO District 

to vessels using hook-and-line gear. This 

recommendation results in a proposed 

2011 allocation of 189 mt to trawl gear 

and 3,581 mt to hook-and-line gear in 

the Eastern GOA. Table 2 lists the 

allocations of the proposed 2011 

sablefish TACs to hook-and-line and 

trawl gear. Table 3 lists the allocations 

of the proposed 2012 sablefish TACs to 

trawl gear. 

The Council recommended that the 

hook-and-line sablefish TAC be 

established annually to ensure that the 

Individual Fishery Quota (IFQ) fishery 

is conducted concurrent with the 

halibut IFQ fishery and is based on the 

most recent survey information. The 

Council also recommended that only a 

trawl sablefish TAC be established for 

two years so that retention of incidental 

catch of sablefish by trawl gear could 

commence in January in the second year 

of the groundfish harvest specifications. 

However, since there is an annual 

assessment for sablefish and the final 

harvest specifications are expected to be 

published before the IFQ season begins 

(typically, in early March), the Council 

recommended that the sablefish TAC be 

set on an annual basis so that the best 

and most recent scientific information 

could be considered in recommending 

the ABCs and TACs. Since sablefish is 

on bycatch status for trawl gear during 

the entire fishing year, and given that 

fishing for groundfish with trawl gear is 

prohibited prior to January 20, it is not 

likely that the sablefish allocation to 

trawl gear would be reached before the 

effective date of the final harvest 

specifications. 

TABLE 2—PROPOSED 2011 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO HOOK-AND-LINE

AND TRAWL GEAR

[Values are rounded to the nearest metric ton] 

Area/district TAC Hook-and-line 

allocation Trawl allocation 

Western ...................................................................................................................... 1,488 1,190 298 

Central ....................................................................................................................... 4,042 3,234 808 

West Yakutat 1 ........................................................................................................... 1,450 1,261 189 


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TABLE 2—PROPOSED 2011 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO HOOK-AND-LINE

AND TRAWL GEAR—Continued 

[Values are rounded to the nearest metric ton] 

Area/district TAC Hook-and-line 

allocation Trawl allocation 

Southeast Outside ..................................................................................................... 2,320 2,320 0 

Total .................................................................................................................... 9,300 8,005 1,295 

1 Represents an allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC to trawl gear in the WYK District. 

TABLE 3—PROPOSED 2012 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATION TO TRAWL GEAR 1

[Values are rounded to the nearest metric ton] 

Area/district TAC Hook-and-line 

allocation Trawl allocation 

Western ...................................................................................................................... 1,488 n/a 298 

Central ....................................................................................................................... 4,042 n/a 808 

West Yakutat 2 ........................................................................................................... 1,450 n/a 189 

Southeast Outside ..................................................................................................... 2,320 n/a 0 

Total .................................................................................................................... 9,300 n/a 1,295 

1The Council recommended that harvest specifications for the hook-and-line gear sablefish Individual Fishing Quota fisheries be limited to 1 

year. 2 Represents an allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC to trawl gear in the WYK District. 

Proposed Apportionments of Pollock 

TAC Among Seasons and Regulatory 

Areas, and Allocations for Processing 

by Inshore and Offshore Components 

In the GOA, pollock is apportioned by 

season and area, and is further allocated 

between inshore and offshore 

processing components. Pursuant to 

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

TAC specified for the Western and 

Central Regulatory Areas of the GOA is 

apportioned into four equal seasonal 

allowances of 25 percent. As established 

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

B, C, and D season allowances are 

available from January 20 through 

March 10, March 10 through May 31, 

August 25 through October 1, and 

October 1 through November 1, 

respectively. 

Pollock TACs in the Western and 

Central Regulatory Areas of the GOA are 

apportioned among Statistical Areas 

610, 620, and 630, pursuant to 

§ 679.20(a)(5)(iv)(A). In the A and B 

seasons, the apportionments are in 

proportion to the distribution of pollock 

biomass based on the four most recent 

NMFS winter surveys. In the C and D 

seasons, the apportionments are in 

proportion to the distribution of pollock 

biomass based on the four most recent 

NMFS summer surveys. For 2011 and 

2012, the Council recommends, and 

NMFS proposes, averaging the winter 

and summer distribution of pollock in 

the Central Regulatory Area for the A 

season. The average is intended to 

reflect the distribution of pollock and 

the performance of the fishery in the 

area during the A season for the 2011 

and 2012 fishing years. Within any 

fishing year, the amount by which a 

seasonal allowance is underharvested or 

overharvested may be added to, or 

subtracted from, subsequent seasonal 

allowances in a manner to be 

determined by the Regional 

Administrator (§ 679.20(a)(5)(iv)(B)). 

The rollover amount is limited to 20 

percent of the unharvested seasonal 

apportionment for the statistical area. 

Any unharvested pollock above the 20 

percent limit could be further 

distributed to the other statistical areas, 

in proportion to the estimated biomass 

in the subsequent season in those 

statistical areas (§ 679.20(a)(5)(iv)(B)). 

The proposed pollock TACs in the WYK 

District of 2,686 mt and SEO District of 

9,245 mt for 2011 and 2012 are not 

allocated by season. 

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

allocation of 100 percent of the pollock 

TAC in all regulatory areas and all 

seasonal allowances to vessels catching 

pollock for processing by the inshore 

component after subtraction of amounts 

that are projected by the Regional 

Administrator to be caught by, or 

delivered to, the offshore component 

incidental to directed fishing for other 

groundfish species. Thus, the amount of 

pollock available for harvest by vessels 

harvesting pollock for processing by the 

offshore component is that amount that 

will be taken as incidental catch during 

directed fishing for groundfish species 

other than pollock, up to the maximum 

retainable amounts allowed under 

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

incidental catch amounts of pollock are 

unknown and will be determined 

during the fishing year. 

Table 4 lists the proposed 2011 and 

2012 seasonal biomass distribution of 

pollock in the Western and Central 

Regulatory Areas, area apportionments, 

and seasonal allowances. The amounts 

of pollock for processing by the inshore 

and offshore components are not shown. 


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TABLE 4—PROPOSED 2011 AND 2012 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS

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

OF ANNUAL TAC 

[Values are rounded to the nearest metric ton] 

Season 1 Shumagin Chirikof Kodiak Total 2

(Area 610) (Area 620) (Area 630) 

A (Jan 20–Mar 10) ....... 7,342 (30.22%) 11,129 (45.81%) 5,823 (23.97%) 24,294 (100%) 

B (Mar 10–May 31) ...... 7,342 (30.22%) 13,128 (54.04%) 3,824 (15.74%) 24,294 (100%) 

C (Aug 25–Oct 1) ......... 10,022 (41.25%) 6,451 (26.55%) 7,820 (32.19%) 24,293 (100%) 

D (Oct 1–Nov1) ............ 10,022 (41.25%) 6,451 (26.55%) 7,820 (32.19%) 24,293 (100%) 

Annual Total .......... 34,728 ........................ 37,159 ........................ 25,287 ........................ 97,174 

1As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 

to May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in this table. 2The WYK and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table. 

Proposed Seasonal Apportionments of 

Pacific Cod TAC and Allocations for 

Processing of Pacific Cod TAC Between 

Inshore and Offshore Components 

Pacific cod fishing is divided into two 

seasons in the Western and Central 

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

is January 1 through June 10, and the B 

season is September 1 through 

December 31. For trawl gear, the A 

season is January 20 through June 10, 

and the B season is September 1 through 

November 1 (§ 679.23(d)(3)(i)). After 

subtraction of incidental catch from the 

A season, 60 percent of the annual TAC 

will be available as a DFA during the A 

season for the inshore and offshore 

components. The remaining 40 percent 

of the annual TAC will be available for 

harvest during the B season. Under 

§ 679.20(a)(12)(ii), any overage or 

underage of the Pacific cod allowance 

from the A season will be subtracted 

from, or added to, the subsequent B 

season allowance. 

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

allocation of the TAC apportionment of 

Pacific cod in all regulatory areas to 

vessels catching Pacific cod for 

processing by the inshore and offshore 

components. Ninety percent of the 

Pacific cod TAC in each regulatory area 

is allocated to vessels catching Pacific 

cod for processing by the inshore 

component. The remaining 10 percent 

of the TAC is allocated to vessels 

catching Pacific cod for processing by 

the offshore component. Table 5 lists 

the seasonal apportionments and 

allocations of the proposed 2011 and 

2012 Pacific cod TAC amounts. 

TABLE 5—PROPOSED 2011 AND 2012 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS

IN THE GULF OF ALASKA AND ALLOCATIONS FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS

[Values are rounded to the nearest metric ton] 

Regulatory area Season TAC 

Component allocation 

Inshore (90%) Offshore (10%) 

Western .................................................... Annual ....................................................... 25,699 23,129 2,570 

A season (60%) ........................................ 15,419 13,877 1,542 

B season (40%) ........................................ 10,280 9,252 1,028 

Central ...................................................... Annual ....................................................... 45,524 40,972 4,552 

A season (60%) ........................................ 27,314 24,583 2,731 

B season (40%) ........................................ 18,210 16,389 1,821 

Eastern ..................................................... Annual ....................................................... 2,203 1,983 220 

Total ................................................... .............................................................. 73,426 66,084 7,342 

Proposed Apportionments to the 

Central GOA Rockfish Pilot Program 

Section 679.81(a)(1) and (2) requires 

the allocation of the primary rockfish 

species TACs in the Central Regulatory 

Area, after deducting incidental catch 

needs in other directed groundfish 

fisheries, to participants in the Central 

GOA Rockfish Program (Rockfish 

Program). Five percent (2.5 percent to 

trawl gear and 2.5 percent to fixed gear) 

of the proposed TACs for Pacific ocean 

perch, northern rockfish, and pelagic 

shelf rockfish in the Central Regulatory 

Area are allocated to the entry level 

rockfish fishery; and the remaining 95 

percent are allocated to those vessels 

eligible to participate in the Rockfish 

Program. The Rockfish Program will 

expire in December 2011, although the 

Council has proposed a new program to 

supersede the existing Rockfish Program 

by 2012. NMFS is developing a 

proposed rule to implement the 

Council’s revised program and 

anticipates that it will be published in 

the Federal Register for public review 

and comment early in 2011. 

NMFS proposes setting aside 2011 

incidental catch amounts of 100 mt for 

northern rockfish, 100 mt for pelagic 

shelf rockfish, and 500 mt for Pacific 

ocean perch for other directed 

groundfish fisheries in the Central 

Regulatory Area. These proposed 

amounts are based on recent average 

incidental catch in the Central 

Regulatory Area by other groundfish 

fisheries. 

Section 679.83(a)(1)(i) requires that 

allocations to the trawl entry level 

fishery must be made first from the 

allocation of Pacific ocean perch 

available to the rockfish entry level 

fishery. If the amount of Pacific ocean 

perch available for allocation is less 

than the total allocation allowable for 


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trawl CVs in the rockfish entry level 

fishery, then northern rockfish and 

pelagic shelf rockfish must be allocated 

to trawl CVs. Allocations of Pacific 

ocean perch, northern rockfish, and 

pelagic shelf rockfish to longline gear 

vessels must be made after the 

allocations to trawl gear. 

Table 6 lists the proposed 2011 

allocations of rockfish in the Central 

GOA to trawl and longline gear in the 

entry level rockfish fishery. Allocations 

of primary rockfish species TACs among 

participants in the Rockfish Program are 

not included in the proposed harvest 

specifications because applications for 

C/P and CV cooperatives are due to 

NMFS on March 1 of each calendar 

year, thereby preventing NMFS from 

calculating proposed 2011 allocations. 

NMFS will post these allocations on the 

Alaska Region Web site at http:// 

alaskafisheries.noaa.gov/ 

sustainablefisheries/goarat/default.htm 

when they become available in March 

2011. 

TABLE 6—PROPOSED 2011 ALLOCATIONS OF ROCKFISH IN THE CENTRAL GULF OF ALASKA TO TRAWL AND LONGLINE

GEAR1 IN THE ENTRY LEVEL ROCKFISH FISHERY

[Values are rounded to the nearest mt] 

Species Proposed TAC 

Incidental 

catch 

allowance 

TAC minus 

ICA 5% TAC 2.5% TAC Entry level trawl allocation 

Entry level 

longline 

allocation 

Pacific ocean perch ..... 10,377 500 9,877 494 247 375 119 

Northern rockfish .......... 2,259 100 2,159 108 54 0 108 

Pelagic shelf rockfish ... 3,035 100 2,935 147 74 0 147 

Total ...................... 15,671 700 14,971 749 375 375 374 

1 Longline gear includes jig and hook-and-line gear. 

Proposed Halibut Prohibited Species 

Catch (PSC) Limits 

Section 679.21(d) establishes annual 

halibut PSC limit apportionments to 

trawl and hook-and-line gear, and 

permits the establishment of 

apportionments for pot gear. In October 

2010, the Council recommended that 

NMFS maintain the 2010 halibut PSC 

limits of 2,000 mt for the trawl fisheries 

and 300 mt for the hook-and-line 

fisheries. The Alaska Department of 

Fish and Game sets the GHL after 

estimates of incidental catch in all 

fisheries (including halibut and 

subsistence) and allocation to the sport 

fish fishery have been deducted. 

Ten mt of the hook-and-line limit is 

further allocated to the demersal shelf 

rockfish (DSR) fishery in the SEO 

District. The DSR fishery is defined at 

§ 679.21(d)(4)(iii)(A). This fishery has 

been apportioned 10 mt in recognition 

of its small scale harvests. Most vessels 

in the DSR fishery are less than 60 ft 

(18.3 m) length overall and are exempt 

from observer coverage. Therefore, 

observer data are not available to verify 

actual bycatch amounts. NMFS 

estimates low halibut bycatch in the 

DSR fishery because: the duration of the 

DSR fisheries and the gear soak times 

are short; the DSR fishery occurs in the 

winter when less overlap occurs in the 

distribution of DSR and halibut; and, 

the directed commercial DSR fishery 

has a low DSR TAC. Of the 295 mt TAC 

for DSR in 2010, 100 mt were available 

for the directed commercial fishery, of 

which 30 mt were harvested. 

The FMP authorizes the Council to 

exempt specific gear from the halibut 

PSC limit. NMFS, after consultation 

with the Council, proposes to exempt 

pot gear, jig gear, and the sablefish IFQ 

hook-and-line gear fishery categories 

from the non-trawl halibut PSC limit for 

2011 and 2012. The Council 

recommended and NMFS is proposing 

these exemptions because (1) the pot 

gear fisheries have low annual halibut 

bycatch mortality (averaging 18 mt 

annually from 2001 through 2009); (2) 

the IFQ program regulations prohibit 

discard of halibut if any halibut IFQ 

permit holder on board a CV holds 

unused halibut IFQ (§ 679.7(f)(11)); (3) 

Sablefish IFQ fishermen typically hold 

halibut IFQ permits and are therefore 

required to retain the halibut they catch 

while fishing sablefish IFQ; and (4) 

NMFS estimates negligible halibut 

mortality for the jig gear fisheries. 

Halibut mortality is assumed to be 

negligible in the jig gear fisheries given 

the small amount of groundfish 

harvested by jig gear (averaging 261 mt 

annually from 2001 through 2009), the 

selective nature of jig gear, and the high 

survival rates of halibut caught and 

released with jig gear. 

Section 679.21(d)(5) authorizes NMFS 

to seasonally apportion the halibut PSC 

limits after consultation with the 

Council. The FMP and regulations 

require that the Council and NMFS 

consider the following information in 

seasonally apportioning halibut PSC 

limits: (1) Seasonal distribution of 

halibut; (2) seasonal distribution of 

target groundfish species relative to 

halibut distribution; (3) expected 

halibut bycatch needs on a seasonal 

basis relative to changes in halibut 

biomass and expected catch of target 

groundfish species; (4) expected bycatch 

rates on a seasonal basis; (5) expected 

changes in directed groundfish fishing 

seasons; (6) expected actual start of 

fishing effort; and (7) economic effects 

of establishing seasonal halibut 

allocations on segments of the target 

groundfish industry. 

The final 2010 and 2011 harvest 

specifications for halibut PSC (75 FR 

11749, March 12, 2010) summarized the 

Council’s and NMFS’ findings with 

respect to each of these FMP 

considerations. The Council’s and 

NMFS’ findings for 2011 and 2012 are 

unchanged from 2010. Table 7 lists the 

proposed 2011 and 2012 Pacific halibut 

PSC limits, allowances, and 

apportionments. Section 

679.21(d)(5)(iii) and (iv), respectively, 

specify that any underages or overages 

of a seasonal apportionment of a PSC 

limit will be added to, or removed from, 

the next respective seasonal 

apportionment within the fishing year. 


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TABLE 7—PROPOSED 2011 AND 2012 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS

[Values are in metric tons] 

Trawl gear Hook-and-line gear 1

Season Percent Amount 

Other than DSR DSR 

Season Percent Amount Season Amount 

January 20–April 1 ............................... 27 .5 550 January 1–June 10 86 250 January 1–December 31.10 

April 1–July 1 ....................................... 20 400 June 10–September 1.2 5 

July 1–September 1 ............................. 30 600 September 1–December 31.12 35 

September 1–October 1 ...................... 7 .5 150 

October 1–December 31 ..................... 15 300 

Total .............................................. .................. 2,000 ............................... ................ 290 ............................... 10 

1The Pacific halibut PSC limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and fisheries other than DSR. 

The hook-and-line IFQ sablefish fishery is exempt from halibut PSC limits, as are pot and jig gear fisheries for all groundfish species. 

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

further apportionment of the trawl 

halibut PSC limit to trawl fishery 

categories. The annual apportionments 

are based on each category’s 

proportional share of the anticipated 

halibut bycatch mortality during a 

fishing year and optimization of the 

total amount of groundfish harvest 

under the halibut PSC limit. The fishery 

categories for the trawl halibut PSC 

limits are (1) a deep-water species 

category, composed of sablefish, 

rockfish, deep-water flatfish, rex sole, 

and arrowtooth flounder; and (2) a 

shallow-water species category, 

comprised of pollock, Pacific cod, 

shallow-water flatfish, flathead sole, 

Atka mackerel, skates, sharks, squids, 

sculpins, and octopuses 

(§ 679.21(d)(3)(iii)). Table 8 lists the 

proposed 2011 and 2012 seasonal 

apportionments of Pacific halibut PSC 

trawl limits between the deep-water and 

the shallow-water species categories. 

Based on public comment and 

information contained in the final 2010 

SAFE report, the Council may 

recommend or NMFS may make 

changes to the seasonal, gear-type, or 

fishery category apportionments of 

halibut PSC limits for the final 2011 and 

2012 harvest specifications. 

TABLE 8—PROPOSED 2011 AND 2012 SEASONAL APPORTIONMENTS OF THE PACIFIC HALIBUT PSC LIMIT APPORTIONED

BETWEEN THE TRAWL GEAR SHALLOW-WATER SPECIES AND DEEP-WATER SPECIES CATEGORIES

[Values are in metric tons] 

Season Shallow-water Deep-water 1 Total 

January 20–April 1 .................................................................... 450 .......................................... 100 .......................................... 550 

April 1–July 1 ............................................................................ 100 .......................................... 300 .......................................... 400 

July 1–September 1 .................................................................. 200 .......................................... 400 .......................................... 600 

September 1–October 1 ........................................................... 150 .......................................... Any remainder ........................ 150 

Subtotal January 20–October 1 ......................................... 900 .......................................... 800 .......................................... 1,700 

October 1–December 31 2 ........................................................ ................................................. ................................................. 300 

Total ................................................................................... ................................................. ................................................. 2,000 

1Vessels participating in cooperatives in the Central Gulf of Alaska Rockfish Program will receive a portion of the third season (July 1–September 1) deep-water category halibut PSC apportionment. At this time, this amount is not known but will be posted later on the Alaska Region 

Web site at http://alaskafisheries.noaa.gov when it becomes available. 2There is no apportionment between shallow-water and deep-water trawl fishery categories during the fifth season (October 1 through December 31). 

Estimated Halibut Bycatch in Prior 

Years 

The best available information on 

estimated halibut bycatch is data 

collected by observers during 2010. The 

calculated halibut bycatch mortality by 

trawl, hook-and-line, and pot gears 

through October 2, 2010, is 1,276 mt, 

214 mt, and 26 mt, respectively, for a 

total halibut mortality of 1,516 mt. This 

mortality was calculated using 

groundfish and halibut catch data from 

the NMFS Alaska Region’s catch 

accounting system. This system 

contains historical and recent catch 

information compiled from each Alaska 

groundfish fishery. 

Halibut bycatch restrictions 

seasonally constrained trawl gear 

fisheries during the 2010 fishing year. 

Table 9 displays the closure dates for 

fisheries that resulted from the 

attainment of seasonal or annual halibut 

PSC limits. NMFS does not know the 

amount of groundfish that trawl gear 

might have harvested if halibut PSC 

limits had not restricted some 2010 

GOA groundfish fisheries. 


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TABLE 9—2010 FISHERY CLOSURES DUE TO ATTAINMENT OF PACIFIC HALIBUT PSC LIMITS

Fishery category Opening date Closure date Federal Register citation 

Trawl Deep-water, season 2 ........ January 20, 2010 ......................... April 28, 2010 .............................. 75 FR 23189, May 3, 2010. 

Trawl Shallow-water,season 4 1 ... September 1, 2010 ...................... September 3, 2010 ...................... 75 FR 54290, September 7, 2010. 

Trawl, Shallow-water,season 4 .... September 11, 2010 .................... Unknown ...................................... 75 FR 56017, September 15, 2010. 

Hook-and-line gear, all targets 2 ... January 1, 2010 ........................... Unknown.

1With the exception of vessels participating in the Central GOA Rockfish Program. 

2With the exception of sablefish, open March 6, 2010, through November 15, 2010. 

Comparison of Final 2010 ABC 

Amounts With Proposed 2011 and 2012 

ABC Amounts 

Proposed 2011 and 2012 ABCs for 

pollock, Pacific cod, deep-water flatfish, 

rougheye rockfish, and flathead sole are 

higher than the final specifications 

established for 2010, while the proposed 

2011 and 2012 ABCs for sablefish, rex 

sole, Pacific ocean perch, northern 

rockfish, and pelagic shelf rockfish are 

lower than those established for 2010. 

These differences reflect the stock 

projections and trends made for these 

species during the final GOA groundfish 

harvest specifications process in 

November 2009. For the remaining 

target species, the Council 

recommended and NMFS proposes ABC 

levels that are unchanged from 2010. As 

previously described, the ‘‘other 

species’’ category has been dissolved 

into its component species categories 

(sharks, octopuses, squids, and 

sculpins). The Council recommended 

individual TAC limits for each of these 

new categories for 2011 and 2012. More 

information on these changes is 

included in the final 2009 SAFE report 

(see ADDRESSES) and will be updated 

with the 2010 SAFE report, which will 

be available for Council approval at its 

December 2010 meeting. 

In the GOA, the total proposed 2011 

and 2012 TAC amounts are 330,746 mt, 

an increase of 13 percent from the 2010 

TAC total of 292,087 mt. Table 10 

compares the final 2010 TACs to the 

proposed 2011 and 2012 TACs. 

TABLE 10—COMPARISON OF FINAL 2010 AND PROPOSED 2011 AND 2012 TOTAL ALLOWABLE CATCH (TAC) AMOUNTS IN

THE GULF OF ALASKA

[Values are in metric tons] 

Species Final 2010 

TACs 

Proposed 2011 

and 2012 TACS 

Pollock ............................................................................................................................................................. 84,745 109,105 

Pacific cod ....................................................................................................................................................... 59,563 73,426 

Sablefish .......................................................................................................................................................... 10,370 9,300 

Shallow water flatfish ....................................................................................................................................... 20,062 20,062 

Deep-water flatfish ........................................................................................................................................... 6,190 6,325 

Rex sole ........................................................................................................................................................... 9,729 9,592 

Arrowtooth flounder ......................................................................................................................................... 43,000 43,000 

Flathead sole ................................................................................................................................................... 10,411 10,576 

Pacific ocean perch ......................................................................................................................................... 17,584 16,993 

Northern rockfish ............................................................................................................................................. 5,098 4,808 

Rougheye rockfish ........................................................................................................................................... 1,302 1,313 

Shortraker rockfish ........................................................................................................................................... 914 914 

Other rockfish .................................................................................................................................................. 1,192 1,192 

Pelagic shelf rockfish ....................................................................................................................................... 5,059 4,727 

Demersal shelf rockfish ................................................................................................................................... 295 295 

Thornyhead rockfish ........................................................................................................................................ 1,770 1,770 

Atka mackerel .................................................................................................................................................. 2,000 2,000 

Big skates ........................................................................................................................................................ 3,328 3,328 

Longnose skates .............................................................................................................................................. 2,852 2,852 

Other skates .................................................................................................................................................... 2,093 2,093 

Other species 1 ................................................................................................................................................ 4,500 n/a 

Sharks .............................................................................................................................................................. n/a 957 

Squids .............................................................................................................................................................. n/a 1,148 

Octopuses ........................................................................................................................................................ n/a 224 

Sculpins ........................................................................................................................................................... n/a 4,746 

Total .......................................................................................................................................................... 292,087 330,746 

1The other species category, for the purpose of the annual harvest specifications, was dissolved in 2010 into its major taxonomic components; 

sharks, squid, octopuses, and sculpins (75 FR 61639, October 6, 2010). 

Current Estimates of Halibut Biomass 

and Stock Condition 

The most recent halibut stock 

assessment was developed by the IPHC 

staff in December 2009 for the 2010 

commercial fishery; this assessment was 

considered by the IPHC at its annual 

January 2010 meeting. Since 2006, the 

IPHC stock assessment has been fitted to 

a coastwide data set (including the 

United States and Canada) to estimate 

total exploitable biomass. Coastwide 

exploitable biomass at the beginning of 

2010 is estimated to be 334 million 

pounds. The assessment revised last 

year’s estimate of 325 million pounds at 

the start of 2009 downwards to 291 

million pounds and projects an increase 

of 14 percent over that value to arrive 

at the 2010 value of 334 million pounds. 

At least part, if not most, of the 


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downward revision for 2009 is believed 

to be caused by the ongoing decline in 

size and age, which continues for all 

ages in all areas. Projections based on 

the currently estimated age 

compositions suggest that the 

exploitable and female spawning 

biomasses will continue to increase over 

the next several years as a sequence of 

strong year classes recruit to the legalsized component of the population. The 

coastwide exploitable biomass was 

apportioned among regulatory areas in 

accordance with survey estimates of 

relative abundance and other 

considerations. The assessment 

recommends a coastwide harvest rate of 

20 percent of the exploitable biomass 

overall, but a lower harvest rate of 15 

percent for Areas 4A, 4B, 4C, 4D, and 

4E and 3B. 

The halibut resource is fully utilized. 

Recent catches, over the last 16 years 

(1994–2009) in the commercial halibut 

fisheries in Alaska, have averaged 

32,850 mt round weight. In January 

2010, the IPHC recommended Alaska 

commercial catch limits totaling 24,372 

mt round weight for 2010, a 7.5 percent 

decrease from 26,338 mt in 2009. 

Through November 15, 2010, 

commercial hook-and-line harvests of 

halibut off Alaska totaled 25,286 mt 

round weight. 

Additional information on the Pacific 

halibut stock assessment may be found 

in the IPHC’s 2009 Pacific halibut stock 

assessment (December 2009), available 

on the IPHC Web site at http:// 

www.iphc.washington.edu. The IPHC 

will consider the 2010 Pacific halibut 

assessment for 2011 at its January 2011 

annual meeting when it will set the 

2011 commercial halibut fishery catch 

limits. 

Other Factors 

The IPHC will adjust the allowable 

commercial catch of halibut to account 

for the overall halibut PSC limit 

established for groundfish fisheries. The 

2011 and 2012 groundfish fisheries are 

expected to use the entire proposed 

annual halibut PSC limit of 2,300 mt. 

The allowable directed commercial 

catch is determined by first accounting 

for recreational and subsistence catch, 

waste, and bycatch mortality, and then 

provides the remainder to the directed 

fishery. Groundfish fishing is not 

expected to affect adversely the halibut 

stocks. Methods available for reducing 

halibut bycatch include (1) consistent 

monitoring through publication of 

individual vessel bycatch rates on the 

NMFS Alaska Region Web site at http:// 

alaskafisheries.noaa.gov, (2) 

modifications to gear, (3) changes in 

groundfish fishing seasons, (4) 

individual transferable quota programs, 

and (5) time/area closures. 

With respect to fishing gear 

modifications, various regulations have 

been implemented to address halibut 

bycatch concerns that are associated 

with different gear types. The 

definitions of the various gear types 

defined at § 679.2 under ‘‘Authorized 

fishing gear’’ delineate a variety of 

different requirements and restrictions 

by gear type. Many of these 

requirements are intended to decrease 

or minimize halibut bycatch by pot, 

trawl, and hook-and-line gear types. 

For example, groundfish pots must be 

constructed with biodegradable panels 

and tunnel openings in order to reduce 

halibut bycatch, thereby reducing 

halibut mortality in the groundfish pot 

fisheries. Further, the definition of 

‘‘pelagic trawl gear’’ includes specific 

construction parameters and 

performance characteristics that 

distinguish it from nonpelagic trawl 

gear, which is designed for use in 

proximity to the seafloor. Because 

halibut bycatch by pelagic trawl gear is 

minimal, directed fishing for pollock 

with pelagic gear may continue even 

when the halibut PSC limit for the 

shallow-water species complex is 

reached (see § 679.7(d)(7)(i)). Finally, all 

hook-and-line vessel operators are 

required to employ careful release 

measures when handling halibut 

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

are intended to reduce handling 

mortality, thereby lowering overall 

halibut bycatch mortality in the 

groundfish fisheries, and to increase the 

amount of groundfish harvested under 

the available halibut mortality bycatch 

limits. 

The FMP requires that the Council 

review recent halibut bycatch data and 

recommend proposed halibut PSC limits 

in conjunction with developing 

proposed groundfish harvest levels. 

NMFS and the Council will review the 

methods available for reducing halibut 

bycatch listed here to determine their 

effectiveness and will initiate changes, 

as necessary, in response to this review 

or to public testimony and comment. At 

its December 2010 meeting, the Council 

is scheduled to review a discussion 

paper on GOA halibut PSC and 

potentially consider alternatives for 

analysis that would change how GOA 

halibut PSC limits currently are 

established. 

Halibut Discard Mortality Rates 

To monitor halibut bycatch mortality 

allowances and apportionments, the 

Regional Administrator uses observed 

halibut bycatch rates, discard mortality 

rates (DMR), and estimates of 

groundfish catch to project when a 

fishery’s halibut bycatch mortality 

allowance or seasonal apportionment is 

reached. The DMRs are based on the 

best information available, including 

information contained in the annual 

SAFE report. 

NMFS proposes the Council’s 

recommendation that the halibut DMRs 

developed and recommended by the 

International Pacific Halibut 

Commission (IPHC) for the 2010 GOA 

groundfish fisheries be used for 

monitoring the proposed 2011 and 2012 

halibut bycatch mortality allowances 

(see Table 11). The IPHC developed the 

DMRs for the 2010 GOA groundfish 

fisheries using the 10-year mean DMRs 

for those fisheries. Long-term average 

DMRs were not available for some 

fisheries, so rates from the most recent 

years were used. For the squid, shark, 

sculpin, octopus, and skate fisheries, 

where insufficient mortality data are 

available, the mortality rate of halibut 

caught in the Pacific cod fishery for that 

gear type was recommended as a default 

rate. The IPHC will analyze observer 

data annually and recommend changes 

to the DMRs when a fishery DMR shows 

large variation from the mean. A 

discussion of the DMRs and their 

justification is presented in Appendix 2 

to the 2009 SAFE report (see 

ADDRESSES). Table 11 lists the proposed 

2011 and 2012 DMRs. 

TABLE 11—PROPOSED 2011 AND 2012 HALIBUT DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF

ALASKA

[Values are percent of halibut assumed to be dead] 

Gear Target fishery Mortality 

rate (%) 

Hook-and-line .............................................................................. Other fisheries 1 ......................................................................... 12 

Skates ........................................................................................ 12 


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TABLE 11—PROPOSED 2011 AND 2012 HALIBUT DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF

ALASKA—Continued 

[Values are percent of halibut assumed to be dead] 

Gear Target fishery Mortality 

rate (%) 

Pacific cod .................................................................................. 12 

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

Trawl ........................................................................................... Arrowtooth flounder .................................................................... 72 

Deep-water flatfish ..................................................................... 48 

Flathead sole ............................................................................. 65 

Non-pelagic pollock .................................................................... 59 

Other fisheries ............................................................................ 62 

Pacific cod .................................................................................. 62 

Pelagic pollock ........................................................................... 76 

Rex sole ..................................................................................... 64 

Rockfish ..................................................................................... 67 

Sablefish .................................................................................... 65 

Shallow-water flatfish ................................................................. 71 

Pot ............................................................................................... Other fisheries ............................................................................ 17 

Pacific cod .................................................................................. 17 

1Other fisheries includes all gear types for Atka mackerel, sculpin, shark, skate, squids, octopuses, and hook-and-line sablefish. 

American Fisheries Act (AFA) Catcher/ 

Processor and Catcher Vessel 

Groundfish Sideboard Limits 

Section 679.64 establishes groundfish 

harvesting and processing sideboard 

limits on AFA C/Ps and CVs in the 

GOA. These sideboard limits are 

necessary to protect the interests of 

fishermen and processors who do not 

directly benefit from the AFA from 

those fishermen and processors who 

receive exclusive harvesting and 

processing privileges under the AFA. 

Section 679.7(k)(1)(ii) prohibits listed 

AFA C/Ps from harvesting any species 

of fish in the GOA. Additionally, 

§ 679.7(k)(1)(iv) prohibits listed AFA C/ 

Ps from processing any pollock 

harvested in a directed pollock fishery 

in the GOA and any groundfish 

harvested in Statistical Area 630 of the 

GOA. 

AFA CVs that are less than 125 ft 

(38.1 m) length overall, have annual 

landings of pollock in the Bering Sea 

and Aleutian Islands of less than 5,100 

mt, and have made at least 40 landings 

of GOA groundfish from 1995 through 

1997 are exempt from GOA sideboard 

limits under § 679.64(b)(2)(ii). 

Sideboard limits for non-exempt AFA 

CVs operating in the GOA are based on 

their traditional harvest levels of TAC in 

groundfish fisheries covered by the 

FMP. Section 679.64(b)(3)(iii) 

establishes the groundfish sideboard 

limitations in the GOA based on the 

retained catch of non-exempt AFA CVs 

of each sideboard species from 1995 

through 1997 divided by the TAC for 

that species over the same period. Table 

12 lists the proposed 2011 and 2012 

groundfish sideboard limits for nonexempt AFA CVs. NMFS will deduct all 

targeted or incidental catch of sideboard 

species made by non-exempt AFA CVs 

from the sideboard limits listed in Table 

12. 

TABLE 12—PROPOSED 2011 AND 2012 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) 

GROUNDFISH HARVEST SIDEBOARD LIMITS

[Values are rounded to the nearest metric ton] 

Species Apportionments by season/ 

gear Area/component 

Ratio of 1995– 

1997 non-exempt AFA CV 

catch to 1995– 

1997 TAC 

Proposed 

2011 and 

2012 TACs 

Proposed 

2011 and 

2012 non-exempt AFA CV 

sideboard limit 

Pollock ................................... A Season .............................. Shumagin (610) .................... 0.6047 7,342 4,440 

January 20–March 10 ........... Chirikof (620) ........................ 0.1167 11,129 1,299 

Kodiak (630) ......................... 0.2028 5,823 1,181 

B Season .............................. Shumagin (610) .................... 0.6047 7,342 4,440 

March 10–May 31 ................. Chirikof (620) ........................ 0.1167 13,128 1,532 

Kodiak (630) ......................... 0.2028 3,824 776 

C Season .............................. Shumagin (610) .................... 0.6047 10,022 6,060 

August 25–October 1 ............ Chirikof (620) ........................ 0.1167 6,451 753 

Kodiak (630) ......................... 0.2028 7,820 1,586 

D Season .............................. Shumagin (610) .................... 0.6047 10,022 6,060 

October 1–November 1 ........ Chirikof (620) ........................ 0.1167 6,451 753 

Kodiak (630) ......................... 0.2028 7,820 1,586 

Annual ................................... WYK (640) ............................ 0.3495 2,686 939 

SEO (650) ............................. 0.3495 9,245 3,231 

Pacific cod ............................. A Season 1 ............................ W inshore .............................. 0.1365 13,877 1,894 

January 1–June 10 ............... W offshore ............................ 0.1026 1,542 158 

C inshore .............................. 0.0689 24,583 1,694 

C offshore ............................. 0.0721 2,731 197 

B Season2 ............................. W inshore .............................. 0.1365 9,252 1,263 

September 1–December 31 W offshore ............................ 0.1026 1,028 105 


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TABLE 12—PROPOSED 2011 AND 2012 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) 

GROUNDFISH HARVEST SIDEBOARD LIMITS—Continued 

[Values are rounded to the nearest metric ton] 

Species Apportionments by season/ 

gear Area/component 

Ratio of 1995– 

1997 non-exempt AFA CV 

catch to 1995– 

1997 TAC 

Proposed 

2011 and 

2012 TACs 

Proposed 

2011 and 

2012 non-exempt AFA CV 

sideboard limit 

C inshore .............................. 0.0689 16,389 1,129 

C offshore ............................. 0.0721 1,821 131 

Annual ................................... E inshore ............................... 0.0079 1,983 16 

E offshore ............................. 0.0078 220 2 

Sablefish ............................... Annual, trawl gear ................. W ........................................... 0.0000 298 0 

C ........................................... 0.0642 808 52 

E ............................................ 0.0433 189 8 

Flatfish, deep-water .............. Annual ................................... W ........................................... 0.0000 530 0 

C ........................................... 0.0647 2,928 189 

E ............................................ 0.0128 2,867 37 

Flatfish, shallow-water .......... Annual ................................... W ........................................... 0.0156 4,500 70 

C ........................................... 0.0587 13,000 763 

E ............................................ 0.0126 2,562 32 

Rex sole ................................ Annual ................................... W ........................................... 0.0007 1,521 1 

C ........................................... 0.0384 6,312 242 

E ............................................ 0.0029 1,759 5 

Arrowtooth flounder ............... Annual ................................... W ........................................... 0.0021 8,000 17 

C ........................................... 0.0280 30,000 840 

E ............................................ 0.0002 5,000 1 

Flathead sole ........................ Annual ................................... W ........................................... 0.0036 2,000 7 

C ........................................... 0.0213 5,000 107 

E ............................................ 0.0009 3,576 3 

Pacific ocean perch .............. Annual ................................... W ........................................... 0.0023 2,797 6 

C ........................................... 0.0748 10,377 776 

E ............................................ 0.0466 3,819 178 

Northern rockfish ................... Annual ................................... W ........................................... 0.0003 2,549 1 

C ........................................... 0.0277 2,259 63 

Rougheye rockfish ................ Annual ................................... W ........................................... 0.0000 81 0 

C ........................................... 0.0237 869 21 

E ............................................ 0.0124 363 5 

Shortraker rockfish ................ Annual ................................... W ........................................... 0.0000 134 0 

C ........................................... 0.0218 325 7 

E ............................................ 0.0110 455 5 

Other rockfish ........................ Annual ................................... W ........................................... 0.0034 212 1 

C ........................................... 0.1699 507 86 

E ............................................ 0.0000 473 0 

Pelagic shelf rockfish ............ Annual ................................... W ........................................... 0.0001 607 0 

C ........................................... 0.0000 3,035 0 

E ............................................ 0.0067 1,085 7 

Demersal shelf rockfish ........ Annual ................................... SEO ...................................... 0.0020 295 1 

Thornyhead rockfish ............. Annual ................................... W ........................................... 0.0280 425 12 

C ........................................... 0.0280 637 18 

E ............................................ 0.0280 708 20 

Atka mackerel ....................... Annual ................................... Gulfwide ................................ 0.0309 2,000 62 

Big skates ............................. Annual ................................... W ........................................... 0.0063 598 4 

C ........................................... 0.0063 2,049 13 

E ............................................ 0.0063 681 4 

Longnose skates ................... Annual ................................... W ........................................... 0.0063 81 0 

C ........................................... 0.0063 2,009 13 

E ............................................ 0.0063 762 5 

Other skates .......................... Annual ................................... Gulfwide ................................ 0.0063 2,093 13 

Sharks ................................... Annual ................................... Gulfwide ................................ 0.0063 957 6 

Squids ................................... Annual ................................... Gulfwide ................................ 0.0063 1,148 7 

Sculpin .................................. Annual ................................... Gulfwide ................................ 0.0063 4,746 30 

Octopuses ............................. Annual ................................... Gulfwide ................................ 0.0063 224 1 

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

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

Non-Exempt AFA Catcher Vessel 

Halibut PSC Limits 

The halibut PSC sideboard limits for 

non-exempt AFA CVs in the GOA are 

based on the aggregate retained 

groundfish catch by non-exempt AFA 

CVs in each PSC target category from 

1995 through 1997 divided by the 

retained catch of all vessels in that 

fishery from 1995 through 1997 

(§ 679.64(b)(4)). Table 13 lists the 

proposed 2011 and 2012 non-exempt 

AFA CV halibut PSC limits for vessels 

using trawl gear in the GOA. 


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TABLE 13—PROPOSED 2011 AND 2012 NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL HALIBUT PROHIBITED

SPECIES CATCH (PSC) LIMITS FOR VESSELS USING TRAWL GEAR IN THE GOA 

[Values are in metric tons] 

Season Season dates Target fishery 

Ratio of 1995– 

1997 non-exempt 

AFA CV retained 

catch to total 

retained catch 

Proposed 2011 

and 2012 PSC 

limit 

Proposed 2011 

and 2012 nonexempt AFA CV 

PSC limit 

1 ........................ January 20–April 1 .................... shallow-water ............................ 0.340 450 153 

deep-water ................................ 0.070 100 7 

2 ........................ April 1–July 1 ............................ shallow-water ............................ 0.340 100 34 

deep-water ................................ 0.070 300 21 

3 ........................ July 1–September 1 .................. shallow-water ............................ 0.340 200 68 

deep-water ................................ 0.070 400 28 

4 ........................ September 1–October 1 ........... shallow-water ............................ 0.340 150 51 

deep-water ................................ 0.070 0 0 

5 ........................ October 1–December 31 .......... all targets .................................. 0.205 300 62 

Non-AFA Crab Vessel Groundfish 

Sideboard Limits 

Section 680.22 establishes groundfish 

catch limits for vessels with a history of 

participation in the Bering Sea snow 

crab fishery to prevent these vessels 

from using the increased flexibility 

provided by the Crab Rationalization 

Program to expand their level of 

participation in the GOA groundfish 

fisheries. Sideboard limits restrict these 

vessels’ catch to their collective 

historical landings in all GOA 

groundfish fisheries (except the fixedgear sablefish fishery). Sideboard limits 

also apply to landings made using a 

License Limitation Program (LLP) 

license derived from the history of a 

restricted vessel, even if that LLP is 

used on another vessel. 

Sideboard limits for non-AFA crab 

vessels operating in the GOA are based 

on their traditional harvest levels of 

TAC in groundfish fisheries covered by 

the FMP. Section 680.22(d) and (e) base 

the groundfish sideboard limits in the 

GOA on the retained catch by non-AFA 

crab vessels of each sideboard species 

from 1996 through 2000 divided by the 

total retained harvest of that species 

over the same period. Table 14 lists 

these proposed 2011 and 2012 

groundfish sideboard limitations for 

non-AFA crab vessels. All targeted or 

incidental catch of sideboard species 

made by non-AFA crab vessels will be 

deducted from the sideboard limits in 

Table 14. 

Vessels exempt from Pacific cod 

sideboards are those that landed less 

than 45,359 kilograms of Bering Sea 

snow crab and more than 500 mt of 

groundfish (in round weight 

equivalents) from the GOA between 

January 1, 1996, and December 31, 2000, 

and any vessel named on an LLP that 

was based in whole or in part on the 

fishing history of a vessel meeting the 

criteria in § 680.22(a)(3). 

TABLE 14—PROPOSED 2011 AND 2012 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH HARVEST

SIDEBOARD LIMITS

[Values are rounded to the nearest metric ton] 

Species Season/gear Area/component 

Ratio of 1996– 

2000 non-AFA 

crab vessel 

catch to 1996– 

2000 total 

harvest 

Proposed 

2011 and 

2012 TACs 

Proposed 

2011 and 

2012 non-AFA 

crab vessel 

sideboard limit 

Pollock ................................... A Season ..............................

January 20–March 10 ...........

Shumagin (610) .................... 0.0098 7,342 72 

Chirikof (620) ........................ 0.0031 11,129 34 

Kodiak (630) ......................... 0.0002 5,823 1 

B Season ..............................

March 10–May 31 .................

Shumagin (610) .................... 0.0098 7,342 72 

Chirikof (620) ........................ 0.0031 13,128 41 

Kodiak (630) ......................... 0.0002 3,824 1 

C Season ..............................

August 25–October 1 ............

Shumagin (610) .................... 0.0098 10,022 98 

Chirikof (620) ........................ 0.0031 6,451 20 

Kodiak (630) ......................... 0.0002 7,820 2 

D Season ..............................

October 1–November 1 ........

Shumagin (610) .................... 0.0098 10,022 98 

Chirikof (620) ........................ 0.0031 6,451 20 

Kodiak (630) ......................... 0.0002 7,820 2 

Annual ................................... WYK (640) ............................ 0.0000 2,686 0 

SEO (650) ............................. 0.0000 9,245 0 

Pacific cod ............................. A Season1 .............................

January 1–June 10 ...............

W inshore .............................. 0.0902 13,877 1,252 

W offshore ............................ 0.2046 1,542 315 

C inshore .............................. 0.0383 24,583 942 

C offshore ............................. 0.2074 2,731 566 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76368 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

TABLE 14—PROPOSED 2011 AND 2012 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH HARVEST

SIDEBOARD LIMITS—Continued 

[Values are rounded to the nearest metric ton] 

Species Season/gear Area/component 

Ratio of 1996– 

2000 non-AFA 

crab vessel 

catch to 1996– 

2000 total 

harvest 

Proposed 

2011 and 

2012 TACs 

Proposed 

2011 and 

2012 non-AFA 

crab vessel 

sideboard limit 

B Season2 .............................

September 1–December 31

W inshore .............................. 0.0902 9,252 835 

W offshore ............................ 0.2046 1,028 210 

C inshore .............................. 0.0383 16,389 628 

C offshore ............................. 0.2074 1,821 378 

Annual ................................... E inshore ............................... 0.0110 1,983 22 

E offshore ............................. 0.0000 220 0 

Sablefish ............................... Annual, trawl gear ................. W ........................................... 0.0000 298 0 

C ........................................... 0.0000 808 0 

E ............................................ 0.0000 188 0 

Flatfish, deep-water .............. Annual ................................... W ........................................... 0.0035 530 2 

C ........................................... 0.0000 2,928 0 

E ............................................ 0.0000 2,867 0 

Flatfish, shallow-water .......... Annual ................................... W ........................................... 0.0059 4,500 27 

C ........................................... 0.0001 13,000 1 

E ............................................ 0.0000 2,562 0 

Rex sole ................................ Annual ................................... W ........................................... 0.0000 1,521 0 

C ........................................... 0.0000 6,312 0 

E ............................................ 0.0000 1,759 0 

Arrowtooth flounder ............... Annual ................................... W ........................................... 0.0004 8,000 3 

C ........................................... 0.0001 30,000 3 

E ............................................ 0.0000 5,000 0 

Flathead sole ........................ Annual ................................... W ........................................... 0.0002 2,000 0 

C ........................................... 0.0004 5,000 2 

E ............................................ 0.0000 3,576 0 

Pacific ocean perch .............. Annual ................................... W ........................................... 0.0000 2,797 0 

C ........................................... 0.0000 10,377 0 

E ............................................ 0.0000 3,819 0 

Northern rockfish ................... Annual ................................... W ........................................... 0.0005 2,549 1 

C ........................................... 0.0000 2,259 0 

Rougheye rockfish ................ Annual ................................... W ........................................... 0.0067 81 1 

C ........................................... 0.0047 869 4 

E ............................................ 0.0008 363 0 

Shortraker rockfish ................ Annual ................................... W ........................................... 0.0013 134 0 

C ........................................... 0.0012 325 0 

E ............................................ 0.0009 455 0 

Other rockfish ........................ Annual ................................... W ........................................... 0.0035 212 1 

C ........................................... 0.0033 507 2 

E ............................................ 0.0000 473 0 

Pelagic shelf rockfish ............ Annual ................................... W ........................................... 0.0017 607 1 

C ........................................... 0.0000 3,035 0 

E ............................................ 0.0000 1,085 0 

Demersal shelf rockfish ........ Annual ................................... SEO ...................................... 0.0000 295 0 

Thornyhead rockfish ............. Annual ................................... W ........................................... 0.0047 425 2 

C ........................................... 0.0066 637 4 

E ............................................ 0.0045 708 3 

Atka mackerel ....................... Annual ................................... Gulfwide ................................ 0.0000 2,000 0 

Big skate ............................... Annual ................................... W ........................................... 0.0392 598 23 

C ........................................... 0.0159 2,049 33 

E ............................................ 0.0000 681 0 

Longnose skate ..................... Annual ................................... W ........................................... 0.0392 81 3 

C ........................................... 0.0159 2,009 32 

E ............................................ 0.0000 762 0 

Other skates .......................... Annual ................................... Gulfwide ................................ 0.0176 2,093 37 

Sharks ................................... Annual ................................... Gulfwide ................................ 0.0176 957 17 

Squids ................................... Annual ................................... Gulfwide ................................ 0.0176 1,148 20 

Octopuses ............................. Annual ................................... Gulfwide ................................ 0.0176 224 4 

Sculpins ................................. Annual ................................... Gulfwide ................................ 0.0176 4,746 84 

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

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


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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Rockfish Program Groundfish 

Sideboard Limitations and Halibut 

Mortality Limitations 

Section 679.82(d) establishes 

sideboards to limit the ability of 

participants eligible for the Rockfish 

Program to harvest fish in fisheries other 

than the Central GOA rockfish fisheries. 

The Rockfish Program provides 

harvesters with certain economic 

advantages, which could be used to 

increase their participation in other 

fisheries and possibly adversely affect 

the existing participants in those 

fisheries. Traditionally, the Central GOA 

rockfish fisheries opened in July. The 

sideboards are designed to restrict 

fishing during the historical season for 

the fishery, but allow eligible rockfish 

harvesters to participate in fisheries 

before or after the historical rockfish 

season. 

The proposed sideboards for 2011 

limit the total amount of catch that 

could be taken by eligible harvesters 

and limit the amount of halibut 

mortality to historic levels. The 

sideboard measures are in effect only 

during the month of July. Table 15 lists 

the proposed 2011 Rockfish Program 

harvest limits in the WYK District and 

the Western GOA. Table 16 lists the 

proposed 2011 Rockfish Program 

halibut mortality limits for C/Ps and 

CVs. 

As discussed earlier in this preamble, 

the Rockfish Program will expire in 

December 2011. The Council has 

proposed a new, revised program and 

associated FMP amendment. NMFS is 

developing a rulemaking to implement 

the program, if approved by the 

Secretary. The proposed rule and, if 

approved, the final rule for the new 

Rockfish Program will include revised 

groundfish sideboards and halibut 

mortality limits for 2012. Because the 

current Rockfish Program expires at the 

end of 2011, these harvest specifications 

propose groundfish sideboards and 

halibut mortality limits only for 2011. 

TABLE 15—PROPOSED 2011 ROCKFISH PROGRAM HARVEST LIMITS BY SECTOR FOR WEST YAKUTAT DISTRICT AND

WESTERN GOA BY THE CATCHER/PROCESSOR (CP) AND CATCHER VESSEL (CV) SECTORS

[Values are rounded to the nearest metric ton] 

Area Fishery CP sector 

(% of TAC) 

CV sector 

(% of TAC) 

Proposed 

2011 and 

2012 TACs 

Proposed 

2011 and 

2012 CP 

limit 

Proposed 

2011 and 

2012 CV 

limit 

West Yakutat District .................... Pelagic shelf rockfish .................... 72.4 1.7 405 293 7 

Pacific ocean perch ...................... 76.0 2.9 1,937 1,472 56 

Western GOA ............................... Pelagic shelf rockfish .................... 63.3 0 607 384 0 

Pacific ocean perch ...................... 61.1 0 2,797 1,709 0 

Northern rockfish .......................... 78.9 0 2,549 2,011 0 

TABLE 16—PROPOSED 2011 ROCKFISH PROGRAM HALIBUT MORTALITY LIMITS FOR THE CATCHER/PROCESSOR AND

CATCHER VESSEL SECTORS

[Values are rounded to the nearest metric ton] 

Sector 

Shallowwater 

complex 

halibut PSC 

sideboard 

ratio 

(percent) 

Deep-water 

complex 

halibut PSC 

sideboard 

ratio 

(percent) 

Annual 

halibut 

mortality 

limit 

(mt) 

Annual 

shallowwater complex halibut 

PSC 

sideboard 

limit 

(mt) 

Annual 

deepwater complex halibut 

PSC 

sideboard 

limit 

(mt) 

Catcher/processor .................................................................................... 0.54 3.99 2,000 11 80 

Catcher vessel ......................................................................................... 6.32 1.08 2,000 126 22 

GOA Amendment 80 Vessel Groundfish 

Harvest and PSC Limits 

Amendment 80 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (Amendment 80 

program) established a limited access 

privilege program for the non-AFA trawl 

CP sector. To limit the ability of 

participants eligible for the Amendment 

80 program to expand their harvest 

efforts in the GOA, the Amendment 80 

program established groundfish and 

halibut PSC limits for Amendment 80 

program participants. 

Section 679.92 establishes groundfish 

harvesting sideboard limits on all 

Amendment 80 program vessels, other 

than the F/V GOLDEN FLEECE, to 

amounts no greater than the limits 

shown in Table 37 to part 679. Under 

regulations at § 679.92(d), the F/V 

GOLDEN FLEECE is prohibited from 

directed fishing for pollock, Pacific cod, 

Pacific ocean perch, pelagic shelf 

rockfish, and northern rockfish in the 

GOA. 

Groundfish sideboard limits for 

Amendment 80 program vessels 

operating in the GOA are based on their 

average aggregate harvests from 1998 to 

2004. Table 17 lists the proposed 2011 

and 2012 sideboard limits for 

Amendment 80 program vessels. All 

targeted or incidental catch of sideboard 

species made by Amendment 80 

program vessels will be deducted from 

the sideboard limits in Table 17. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76370 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

TABLE 17—PROPOSED 2011 AND 2012 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 VESSELS

[Values are rounded to the nearest metric ton] 

Species Apportionments and 

allocations by season Area 

Ratio of 

Amendment 80 

sector vessels 

1998–2004 

catch to TAC 

Proposed 2011 

and 2012 TAC 

(mt) 

Proposed 2011 

and 2012 

Amendment 80 

vessel 

sideboards (mt) 

Pollock ............................... A Season .......................... Shumagin (610) ................ 0.003 7,342 22 

January 20–February 25 .. Chirikof (620) .................... 0.002 11,129 22 

Kodiak (630) ..................... 0.002 5,823 12 

B Season .......................... Shumagin (610) ................ 0.003 7,342 22 

March 10–May 31 ............ Chirikof (620) .................... 0.002 13,128 26 

Kodiak (630) ..................... 0.002 3,824 8 

C Season .......................... Shumagin (610) ................ 0.003 10,022 30 

August 25–September 15 Chirikof (620) .................... 0.002 6,451 13 

Kodiak (630) ..................... 0.002 7,820 16 

D Season .......................... Shumagin (610) ................ 0.003 10,022 30 

October 1–November 1 .... Chirikof (620) .................... 0.002 6,451 13 

Kodiak (630) ..................... 0.002 7,820 16 

Annual .............................. WYK (640) ........................ 0.002 2,686 5 

Pacific cod ......................... A Season 1 ........................ W ...................................... 0.020 15,419 308 

January 1–June 10 ........... C ....................................... 0.044 27,314 1,202 

B Season 2 ........................ W ...................................... 0.020 10,280 206 

September 1–December 

31.

C ....................................... 0.044 18,210 801 

Annual .............................. WYK ................................. 0.034 2,203 75 

Pacific ocean perch ........... Annual .............................. W ...................................... 0.994 2,797 2,780 

WYK ................................. 0.961 1,937 1,861 

Northern rockfish ............... Annual .............................. W ...................................... 1.000 2,549 2,549 

Pelagic shelf rockfish ......... Annual .............................. W ...................................... 0.764 607 464 

WYK ................................. 0.896 405 363 

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

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

The PSC sideboard limits for 

Amendment 80 program vessels in the 

GOA are based on the historic use of 

halibut PSC by Amendment 80 program 

vessels in each PSC target category from 

1998 through 2004. These values are 

slightly lower than the average historic 

use to accommodate two factors: 

Allocation of halibut PSC cooperative 

quota under the Central GOA Rockfish 

Program and the exemption of the F/V 

GOLDEN FLEECE from this restriction. 

Table 18 lists the proposed 2011 and 

2012 halibut PSC limits for Amendment 

80 program vessels, as proscribed at 

Table 38 to 50 CFR part 679. 

TABLE 18—PROPOSED 2011 AND 2012 HALIBUT PROHIBITED SPECIES CATCH (PSC) LIMITS FOR AMENDMENT 80 

VESSELS IN THE GOA 

[Values are rounded to nearest metric ton] 

Season Season dates Target fishery 

Historic amendment 80 use of 

the annual halibut PSC limit 

catch (ratio) 

Proposed 2011 

and 2012 annual 

PSC limit (mt) 

Proposed 2011 

and 2012 

Amendment 80 

vessel PSC limit 

(mt) 

1 .................................... January 20–April 1 .................... shallow-water ................ 0.0048 2,000 10 

deep-water .................... 0.0115 2,000 23 

2 .................................... April 1–July 1 ............................. shallow-water ................ 0.0189 2,000 38 

deep-water .................... 0.1072 2,000 214 

3 .................................... July 1–September 1 .................. shallow-water ................ 0.0146 2,000 29 

deep-water .................... 0.0521 2,000 104 

4 .................................... September 1–October 1 ............ shallow-water ................ 0.0074 2,000 15 

deep-water .................... 0.0014 2,000 3 

5 .................................... October 1–December 31 ........... shallow-water ................ 0.0227 2,000 45 

deep-water .................... 0.0371 2,000 74 

Classification 

NMFS has determined that the 

proposed harvest specifications are 

consistent with the FMP and 

preliminarily determined that the 

proposed harvest specifications are 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is authorized under 50 

CFR 679.20 and is exempt from review 

under Executive Order 12866. 

NMFS prepared an EIS for this action 

and made it available to the public on 

January 12, 2007 (72 FR 1512). On 

February 13, 2007, NMFS issued the 

Record of Decision for the EIS. Copies 

of the EIS and Record of Decision for 

this action are available from NMFS (see 

ADDRESSES). The EIS analyzes the 

environmental consequences of the 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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proposed groundfish harvest 

specifications and its alternatives on 

resources in the action area. The EIS 

found no significant environmental 

consequences from the proposed action 

or its alternatives. 

NMFS also prepared an Initial 

Regulatory Flexibility Analysis (IRFA) 

as required by section 603 of the 

Regulatory Flexibility Act. The IRFA 

evaluated the impacts on small entities 

of alternative harvest strategies for the 

groundfish fisheries in the EEZ off 

Alaska. The IRFA analyzed the 

methodology for establishing the 

relevant TACs. As set forth in the 

methodology, TACs are set to a level 

that fall within the range of ABCs 

recommended by the SSC; the sum of 

the TACs must achieve optimum yield 

specified in the FMP. While the specific 

numbers that the methodology may 

produce vary from year to year, the 

methodology itself remains constant. 

Accordingly, NMFS is using the IRFA 

prepared for the EIS in association with 

this action. Pursuant to sections 3.2.3 

and 3.2.4 of the FMP, the established 

methodology produces ABCs and TACs 

within specified ranges and the 

numbers in this proposed rule’s 

preferred alternative are within those 

ranges. NMFS published a notice of the 

availability of the IRFA and its summary 

in the classification section of the 

proposed harvest specifications for the 

groundfish fisheries in the GOA in the 

Federal Register on December 15, 2006 

(71 FR 75460). 

A description of the proposed action, 

why it is being considered, and the legal 

basis for this proposed action are 

contained in the preamble above. A 

copy of the analysis is available from 

NMFS (see ADDRESSES). A summary of 

the IFRA prepared in association with 

the 2007 harvest specifications EIS 

follows. 

The action under consideration is a 

harvest strategy to govern the catch of 

groundfish in the GOA. The preferred 

alternative is the existing harvest 

strategy in which TACs fall within the 

range of ABCs recommended by the 

SSC. This action is taken in accordance 

with the FMP prepared by the Council 

pursuant to the Magnuson-Stevens Act. 

The directly regulated small entities 

include approximately 747 small CVs 

and fewer than 20 small C/Ps. The 

entities directly regulated by this action 

are those that harvest groundfish in the 

exclusive economic zone of the GOA, 

and in parallel fisheries within State of 

Alaska waters. These include entities 

operating CVs and C/Ps within the 

action area, and entities receiving direct 

allocations of groundfish. Catcher 

vessels and C/Ps were considered to be 

small entities if they had annual gross 

receipts of $4 million per year or less 

from all economic activities, including 

the revenue of their affiliated 

operations. Data from 2005 were the 

most recent available and were used to 

determine the number of small entities. 

Estimates of first wholesale gross 

revenues for the GOA were used as 

indices of the potential impacts of the 

alternative harvest strategies on small 

entities. An index of revenues was 

projected to decline under the preferred 

alternative due to declines in ABCs for 

key species in the GOA. The index of 

revenues declined by less than 4 percent 

between 2006 and 2007 and by less than 

one percent between 2006 and 2008. 

The preferred alternative (Alternative 

2) was compared to four other 

alternatives. These included Alternative 

1, which would have set TACs to 

generate fishing rates equal to the 

maximum permissible ABC (if the full 

TAC were harvested), unless the sum of 

TACs exceeded the GOA OY, in which 

case harvests would be limited to the 

OY. Alternative 3 would have set TACs 

to produce fishing rates equal to the 

most recent five-year average fishing 

rate. Alternative 4 would have set TACs 

to equal the lower limit of the GOA OY 

range. Alternative 5 would have set 

TACs equal to zero. Alternative 5 is the 

‘‘no action’’, or status quo, alternative. 

Alternatives 3, 4, and 5 were all 

associated with smaller levels for 

important fishery TACs than Alternative 

2. Estimated total first wholesale gross 

revenues were used as an index of 

potential adverse impacts to small 

entities. As a consequence of the lower 

TAC levels, Alternatives 3, 4, and 5 all 

had smaller first wholesale revenue 

indices than Alternative 2. Thus, 

Alternatives 3, 4, and 5 had greater 

adverse impacts on small entities. 

Alternative 1 appeared to generate 

higher values of the gross revenue index 

for fishing operations in the GOA than 

Alternative 2. A large part of the 

Alternative 1 GOA revenue appeared to 

be due to the assumption that the full 

Alternative 1 TAC would be harvested. 

Much of the larger revenue was due to 

increases in flatfish TACs that were 

much greater for Alternative 1 than for 

Alternative 2. In recent years, halibut 

bycatch constraints in these fisheries 

have kept actual flatfish catches from 

reaching Alternative 1 levels. Therefore, 

a large part of the revenues associated 

with Alternative 1 are unlikely to occur. 

Also, Alternative 2 TACs are 

constrained by the ABCs that the Plan 

Teams and SSC are likely to recommend 

to the Council on the basis of a full 

consideration of biological issues. These 

ABCs are often less than Alternative 1’s 

maximum permissible ABCs; therefore 

higher TACs under Alternative 1 may 

not be consistent with prudent 

biological management of the resource. 

For these reasons, Alternative 2 is the 

preferred alternative. 

NMFS also prepared a supplemental 

IRFA (SIRFA) to specifically evaluate 

the proposed specification of separate 

OFLs and TACs for sharks, octopus, 

squid, and sculpins in the GOA, 

consistent with the previously selected 

harvest strategy, the tier system in the 

FMP, Amendment 87 to the FMP, the 

Magnuson-Stevens Act, and other 

applicable law (see ADDRESSES). 

Amendment 87 to the FMP was 

approved by NMFS on September 22, 

2010. The SIRFA augments the IRFA 

prepared in connection with the 2007 

Alaska Groundfish Harvest 

Specification EIS. 

NMFS does not anticipate that the 

specification of TACs for sculpins will 

have any additional economic impacts 

on small entities beyond those impacts 

analyzed in the existing harvest 

specification IRFA because the 

proposed OFL and ABC are relatively 

large compared to recent historical 

catches. 

In contrast, the proposed OFLs and 

TACs for sharks, octopuses, and squids 

could potentially result in some vessels 

choosing to shift the timing or location 

of their fishing activity in an effort to 

avoid high rates of incidental catch in 

an effort to avert the imposition of 

inseason management measures by 

NMFS to avoid overfishing. The impact 

of efforts undertaken by the fleet to 

avoid reaching the TAC and the 

potential closures that may follow are 

difficult to predict and would depend 

on the timing and location of incidental 

catches and the specific steps taken by 

the fleet to reduce the rate of incidental 

catch. Generally, however, the impact 

on these operations may be some 

combination of increased costs and/or 

decreased gross revenues as further 

described below. 

The 2009 Economic Status of 

Groundfish Fisheries Off Alaska report, 

prepared in conjunction with the 2009 

SAFE report (see ADDRESSES), identifies 

702 small groundfish entities operating 

in the GOA, with average revenues from 

all sources of about $600,000. Most of 

these (697) are CVs. A majority of the 

CVs, 520, use hook-and-line gear and 

have average revenues of about 

$490,000, 73 are trawlers with average 

revenues of about $1.27 million, and 

142 are pot vessels with average 

revenues of $850,000. There were five 

CPs, mostly hook-and-line vessels, with 

average gross revenues of about $1.52 

million. The 2009 SAFE report may 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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