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 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 679
[Docket No. 111213751-2102-02]
RIN 0648-XA758
 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
 ACTION: Final rule; closures.
 SUMMARY: NMFS announces final 2012 and 2013 harvest specifications and prohibited species catch allowances for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits for groundfish during the 2012 and 2013 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the BSAI (FMP). 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 (Magnuson-Stevens Act).
 DATES: Effective from 1200 hrs, Alaska local time (A.l.t.), February 23, 2012, through 2400 hrs, A.l.t., December 31, 2013.
 ADDRESSES: Electronic copies of the Final Alaska Groundfish Harvest Specifications Environmental Impact Statement (EIS), Record of Decision (ROD), Supplementary Information Report (SIR) to the EIS, and the Final Regulatory Flexibility Analysis (FRFA), prepared for this action are available from 
                        *http://alaskafisheries.noaa.gov.*
                         The final 2011 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the BSAI, dated November 2011 and SAFE reports for previous years, 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.*
 FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.


SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 implement the FMP and govern the groundfish fisheries in the BSAI. The Council prepared the FMP, and NMFS approved it under the Magnuson-Stevens Act. General regulations governing U.S. fisheries also appear at 50 CFR part 600. The FMP and its implementing regulations require NMFS, after consultation with the Council, to specify the total allowable catch (TAC) for each target species; the sum TAC for all groundfish species must be within the optimum yield (OY) range of 1.4 million to 2.0 million metric tons (mt) (see § 679.20(a)(1)(i)). This final rule specifies the TAC at 2.0 million mt for both 2012 and 2013. NMFS also must specify apportionments of TACs, prohibited species catch (PSC) allowances, and prohibited species quota (PSQ) reserves established by § 679.21; seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC; Amendment 80 allocations; and Community Development Quota (CDQ) reserve amounts established by § 679.20(b)(1)(ii). The final harvest specifications set forth in Tables 1 through 16 of this action satisfy these requirements. Section 679.20(c)(3)(i) further requires NMFS to consider public comment on the proposed annual TACs (and apportionments thereof) and PSC allowances, and to publish final harvest specifications in the 
                    **Federal Register**
                    . The proposed 2012 and 2013 harvest specifications and PSC allowances for the groundfish fishery of the BSAI were published in the 
                    **Federal Register**
                     on December 27, 2011 (76 FR 80782). Comments were invited and accepted through January 26, 2012. NMFS received 1 letter with 1 comment on the proposed harvest specifications. This comment is summarized and responded to in the “Response to Comments” section of this rule. NMFS consulted with the Council on the final 2012 and 2013 harvest specifications during the December 2011 Council meeting in Anchorage, AK. After considering public comments, as well as biological and economic data that were available at the Council's December meeting, NMFS is implementing the final 2012 and 2013 harvest specifications as recommended by the Council. Acceptable Biological Catch (ABC) and TAC Harvest Specifications The final ABC levels for Alaska groundfish are based on the best available biological and socioeconomic information, including projected biomass trends, information on assumed distribution of stock biomass, and revised technical methods used to calculate stock biomass. In general, the development of ABCs and overfishing 
                    ( print page 10670)
                    levels (OFLs) involves sophisticated statistical analyses of fish populations. The FMP specifies a series of six tiers to define OFL and ABC amounts based on the level of reliable information available to fishery scientists. Tier 1 represents the highest level of information quality available while Tier 6 represents the lowest. In December 2011, the Scientific and Statistical Committee (SSC), Advisory Panel (AP), and Council reviewed current biological information about the condition of the BSAI groundfish stocks. The Council's Plan Team compiled and presented this information in the 2011 SAFE report for the BSAI groundfish fisheries, dated November 2011. 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 BSAI ecosystem and the economic condition of groundfish fisheries off Alaska. NMFS notified the public and asked for review of the SAFE report in the notice of proposed harvest specifications; the report is still available (see 
                    **ADDRESSES**
                    ). From these data and analyses, the Plan Team estimated an OFL and ABC for each species or species category. In December 2011, the SSC, AP, and Council reviewed the Plan Team's recommendations. The SSC concurred with the Plan Team's recommendations, and the Council adopted the OFL and ABC amounts recommended by the SSC (Table 1). The final TAC recommendations were based on the ABCs as adjusted for other biological and socioeconomic considerations, including maintaining the sum of the TACs within the required OY range of 1.4 million to 2.0 million mt. As required by annual catch limit rules for all fisheries (74 FR 3178, January 16, 2009), none of the Council's recommended TACs for 2012 or 2013 exceeds the final 2012 or 2013 ABCs for any species category. The final 2012 and 2013 harvest specifications approved by the Secretary of Commerce are unchanged from those recommended by the Council and are consistent with the preferred harvest strategy alternative in the EIS (see 
                    **ADDRESSES**
                    ). NMFS finds that the Council's recommended OFLs, ABCs, and TACs are consistent with the biological condition of groundfish stocks as described in the 2011 SAFE report that was approved by the Council. Other Actions Potentially Affecting the 2012 and 2013 Harvest Specifications The Council is currently considering implementing management measures in the event that Pacific cod is split from a BSAI-wide fishery into separate OFLs, ABCs, and TACs for the Bering Sea subarea and the Aleutian Island subarea. This split depends on NMFS developing an age-structured model for the Aleutian Islands Pacific cod stock assessment that will be reviewed by the Plan Team and SSC in 2012 or 2013. This split could impact the OFLs, ABCs, and TACs for Pacific cod on Table 1 for 2013. Changes From the Proposed 2012 and 2013 Harvest Specifications for the BSAI In October 2011, the Council proposed its recommendations for the 2012 and 2013 harvest specifications (76 FR 80782, December 27, 2011), based largely on information contained in the 2010 SAFE report for the BSAI groundfish fisheries. Through the proposed harvest specifications, NMFS notified the public that these harvest specifications could change, as the Council would consider information contained in the 2011 SAFE report, recommendations from the SSC, Plan Team, and AP committees, and public testimony when making its recommendations for final harvest specification levels at the December Council meeting. NMFS further notified the public that, as required by the FMP and its implementing regulations, the sum of the TACs must be within the OY range of 1.4 million and 2.0 million mt. Information contained in the 2011 SAFE reports indicates biomass changes for several groundfish species from the 2010 SAFE reports. At the December 2011 Council meeting, the SSC recommended the ABCs for many species in 2012 and 2013 based on the best and most recent information contained in the 2011 SAFE reports. This recommendation resulted in an ABC sum total for all BSAI groundfish species that exceeds 2 million mt for both 2012 and 2013. Based on the SSC ABC recommendations and the 2011 SAFE reports, the AP recommended raising the TACs for more economically valuable species that have increasing biomasses, such as Pacific cod and Greenland turbot. Conversely, the SSC reduced the OFL and ABC of Bering Sea pollock from the proposed OFL and ABC, and these reductions led to the largest decrease in TAC in terms of tonnage. In terms of percentage change from the proposed TACs, octopuses and sharks had the largest increases in TAC. This is due to model changes for the calculation of octopuses OFL and ABC, and recommendations by the AP and the Council of TACs that are more realistic of incidental harvest of these species in other fisheries. The Bogoslof pollock TAC also had a large percentage increase, because the SSC discontinued the target biomass of 2 million mt and adopted a traditional OFL and ABC estimate under the Tier 5 approach of the FMP. The Council recommended a TAC to account for incidental catch in other fisheries. However, under § 679.22(a)(7)(i)(B), directed fishing for pollock in the Bogoslof area is prohibited, so changes in TAC will have little effect upon fisheries. The changes to TAC between the proposed and final harvest specifications are based on the most recent scientific and economic information and are consistent with the FMP and regulatory obligations and harvest strategy as described in the proposed harvest specifications. These changes are compared in the following table. Table 1 lists the Council's recommended final 2012 and 2013 OFL, ABC, TAC, initial TAC (ITAC), and CDQ reserve amounts of the BSAI groundfish. NMFS concurs in these recommendations. The final 2012 and 2013 TAC recommendations for the BSAI are within the OY range established for the BSAI and do not exceed the ABC for any single species or complex. The apportionment of TAC amounts among fisheries and seasons is discussed below. Comparison of Final 2012 and 2013 With Proposed 2012 and 2013 Total Allowable Catch in the BSAI
[Amounts are in metric tons]
Species
Area 1
2012 final TAC
2012 proposed TAC
2012
                             difference 
                             from 
                             proposed
2013 final TAC
2013 proposed TAC
2013
                             difference 
                             from 
                             proposedPollock
BS
1,200,000
1,253,658
−53,658
1,201,900
1,253,658
−51,758AI
19,000
19,000
0
19,000
19,000
0( print page 10671)Bogoslof
500
150
350
500
150
350Pacific cod
BSAI
261,000
229,608
31,392
262,900
229,608
33,292Sablefish
BS
2,230
2,610
−380
2,200
2,610
−410AI
2,050
1,740
310
2,020
1,740
280Atka mackerel
EAI/BS
38,500
36,800
1,700
31,700
36,800
−5,100CAI
10,763
10,293
470
8,883
10,293
−1,410WAI
1,500
1,500
0
1,500
1,500
0Yellowfin sole
BSAI
202,000
197,660
4,340
203,900
197,660
6,240Rock sole
BSAI
87,000
85,000
2,000
87,000
85,000
2,000Greenland turbot
BS
6,230
3,500
2,730
6,010
3,500
2,510AI
2,430
1,450
980
2,020
1,450
570Arrowtooth flounder
BSAI
25,000
25,900
−900
25,000
25,900
−900Kamchatka flounder
BSAI
17,700
17,700
0
17,700
17,700
0Flathead sole
BSAI
34,134
41,548
−7,414
34,134
41,548
−7,414Other flatfish
BSAI
3,200
3,000
200
3,200
3,000
200Alaska plaice
BSAI
24,000
16,000
8,000
24,000
16,000
8,000Pacific ocean perch
BS
5,710
5,710
0
6,540
5,710
830EAI
5,620
5,660
−40
6,440
5,660
780CAI
4,990
4,960
30
5,710
4,960
750WAI
8,380
8,370
10
9,610
8,370
1,240Northern rockfish
BSAI
4,700
4,000
700
4,700
4,000
700Shortraker rockfish
BSAI
393
393
0
393
393
0Rougheye rockfish
BS/EAI
231
240
−9
241
240
1CAI/WAI
244
225
19
258
225
33Other rockfish
BS
500
500
0
500
500
0AI
570
500
70
570
500
70Squids
BSAI
425
425
0
425
425
0Skates
BSAI
24,700
16,500
8,200
24,746
16,500
8,246Sharks
BSAI
200
50
150
200
50
150Octopuses
BSAI
900
150
750
900
150
750Sculpins
BSAI
5,200
5,200
0
5,200
5,200
0Total
BSAI
2,000,000
2,000,000
0
2,000,000
2,000,000
01
                         Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI), Central Aleutian District (CAI), and Western Aleutian District (WAI).
 Table 1—Final 2012 and 2013 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ Reserve Allocation of Groundfish in the BSAI 1
[Amounts are in metric tons]
Species
Area
2012
2013OFL
ABC
TAC
ITAC 2
CDQ 3
OFL
ABC
TAC
ITAC 2
CDQ 3Pollock 4
BS
2,474,000
1,220,000
1,200,000
1,080,000
120,000
2,840,000
1,360,000
1,201,900
1,081,710
120,190AI
39,600
32,500
19,000
17,100
1,900
42,900
35,200
19,000
17,100
1,900Bogoslof
22,000
16,500
500
500
0
22,000
16,500
500
500
0Pacific cod 5
BSAI
369,000
314,000
261,000
233,073
27,927
374,000
319,000
262,900
234,770
28,130Sablefish
BS
2,640
2,230
2,230
1,840
307
2,610
2,200
2,200
935
83AI
2,430
2,050
2,050
1,666
346
2,400
2,020
2,020
429
38Atka mackerel
BSAI
96,500
81,400
50,763
45,331
5,432
78,300
67,100
42,083
37,580
4,503EAI/BS
n/a
38,500
38,500
34,381
4,120
n/a
31,700
31,700
28,308
3,392CAI
n/a
22,900
10,763
9,611
1,152
n/a
18,900
8,883
7,933
950WAI
n/a
20,000
1,500
1,340
161
n/a
16,500
1,500
1,340
161Yellowfin sole
BSAI
222,000
203,000
202,000
180,386
21,614
226,000
207,000
203,900
182,083
21,817Rock sole
BSAI
231,000
208,000
87,000
77,691
9,309
217,000
196,000
87,000
77,691
9,309Greenland turbot
BSAI
11,700
9,660
8,660
7,361
n/a
9,700
8,030
8,030
6,826
n/aBS
n/a
7,230
6,230
5,296
667
n/a
6,010
6,010
5,109
643AI
n/a
2,430
2,430
2,066
0
n/a
2,020
2,020
1,717
0Arrowtooth flounder
BSAI
181,000
150,000
25,000
21,250
2,675
186,000
152,000
25,000
21,250
2,675Kamchatka flounder
BSAI
24,800
18,600
17,700
15,045
0
24,800
18,600
17,700
15,045
0Flathead sole
BSAI
84,500
70,400
34,134
30,482
3,652
83,100
69,200
34,134
30,482
3,652Other flatfish 6
BSAI
17,100
12,700
3,200
2,720
0
17,100
12,700
3,200
2,720
0Alaska plaice
BSAI
64,600
53,400
24,000
20,400
0
65,000
54,000
24,000
20,400
0Pacific ocean perch
BSAI
35,000
24,700
24,700
21,812
n/a
33,700
28,300
28,300
24,991
n/a( print page 10672)BS
n/a
5,710
5,710
4,854
0
n/a
6,540
6,540
5,559
0EAI
n/a
5,620
5,620
5,019
601
n/a
6,440
6,440
5,751
689CAI
n/a
4,990
4,990
4,456
534
n/a
5,710
5,710
5,099
611WAI
n/a
8,380
8,380
7,483
897
n/a
9,610
9,610
8,582
1,028Northern rockfish
BSAI
10,500
8,610
4,700
3,995
0
10,400
8,490
4,700
3,995
0Shortraker rockfish
BSAI
524
393
393
334
0
524
393
393
334
0Rougheye rockfish
BSAI
576
475
475
404
0
605
499
499
424
0EBS/EAI
n/a
231
231
196
0
n/a
241
241
205
0CAI/WAI
n/a
244
244
207
0
n/a
258
258
219
0Other rockfish 7
BSAI
1,700
1,280
1,070
910
0
1,700
1,280
1,070
910
0BS
n/a
710
500
425
0
n/a
710
500
425
0AI
n/a
570
570
485
0
n/a
570
570
485
0Squids
BSAI
2,620
1,970
425
361
0
2,620
1,970
425
361
0Skates
BSAI
39,100
32,600
24,700
20,995
0
38,300
32,000
24,746
21,034
0Sharks
BSAI
1,360
1,020
200
170
0
1,360
1,020
200
170
0Octopuses
BSAI
3,450
2,590
900
765
0
3,450
2,590
900
765
0Sculpins
BSAI
58,300
43,700
5,200
4,420
0
58,300
43,700
5,200
4,420
0Total

3,996,000
2,511,778
2,000,000
1,789,010
195,860
4,341,869
2,639,792
2,000,000
1,786,924
195,2691
                         These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District.2
                         Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species, 15 percent of each TAC is put into a reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 5).3
                         For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland turbot, “other flatfish,” Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, “other rockfish,” squid, sculpins, sharks, skates, and octopuses are not allocated to the CDQ program.4
                         Under § 679.20(a)(5)(i)(A)(
                        *1*), the annual BS subarea pollock TAC after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (4.0 percent), is further allocated by sector for a directed pollock fishery as follows: inshore—50 percent; catcher/processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(
                        *2*)(
                        *i*) and 
                        *(ii*), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (1,600 mt) is allocated to the Aleut Corporation for a directed pollock fishery.5
                         The Pacific cod TAC is reduced by 3 percent from the ABC to account for the State of Alaska's (State) guideline harvest level in State waters of the Aleutian Islands subarea.6
                         “Other flatfish” includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder, Kamchatka flounder, and Alaska plaice.7
                         “Other rockfish” includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, dark, shortraker, and rougheye rockfish.**Note:**
                         Regulatory areas and districts are defined at § 679.2 (BS = Bering Sea subarea, AI = Aleutian Islands subarea, EAI = Eastern Aleutian Islands district, CAI = Central Aleutian Islands district, WAI = Western Aleutian Islands district).
 Groundfish Reserves and the Incidental Catch Allowance (ICA) for Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and Aleutian Islands Pacific Ocean Perch Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the TAC for each target species, except for pollock, the hook-and-line and pot gear allocation of sablefish, and the Amendment 80 species, in a non-specified reserve. Section 679.20(b)(1)(ii)(B) requires that 20 percent of the hook-and-line and pot gear allocation of sablefish be set aside for the fixed gear sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires NMFS to allocate 7.5 percent of the trawl gear allocations of sablefish and 10.7 percent of the Bering Sea Greenland turbot and arrowtooth flounder TACs to the respective CDQ reserves. Under section 679.20(b)(1)(ii)(C), NMFS must allocate 10.7 percent of the TACs for Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod to the CDQ reserves. Sections 679.20(a)(5)(i)(A) and 679.31(a) also require that 10 percent of the BSAI pollock TACs be allocated to the pollock CDQ directed fishing allowance (DFA). The entire Bogoslof District pollock TAC is allocated as an ICA (see § 679.20(a)(5)(ii)). With the exception of the hook-and-line and pot gear sablefish CDQ reserve, the regulations do not further apportion the CDQ allocations by gear. Pursuant to § 679.20(a)(5)(i)(A)(
                    *1*), NMFS allocates a pollock ICA of 3 percent of the BS subarea pollock TAC after subtracting the 10 percent CDQ reserve. This allowance is based on NMFS' examination of the pollock incidental catch, including the incidental catch by CDQ vessels, in target fisheries other than pollock from 1999 through 2011. During this 13-year period, the pollock incidental catch ranged from a low of 2.4 percent in 2006 to a high of 5 percent in 1999, with a 13-year average of 3.2 percent. Pursuant to § 679.20(a)(5)(iii)(B)(
                    *2*)(
                    *i*) and (
                    *ii*), NMFS establishes a pollock ICA of 1,600 mt of the AI subarea TAC after subtracting the 10 percent CDQ DFA. This allowance is based on NMFS' examination of the pollock incidental catch, including the incidental catch by CDQ vessels, in target fisheries other than pollock from 2003 through 2011. During this 9-year period, the incidental catch of pollock ranged from a low of 5 percent in 2006 to a high of 10 percent in 2003, with a 9-year average of 7 percent. Pursuant to § 679.20(a)(8) and (10), NMFS allocates ICAs of 5,000 mt of flathead sole, 10,000 mt of rock sole, 2,000 mt of yellowfin sole, 10 mt of Western Aleutian District Pacific (WAI) ocean perch, 75 mt of Central Aleutian District (CAI) Pacific ocean perch, 100 mt of Eastern Aleutian District (EAI) Pacific ocean perch, 40 mt of WAI Atka mackerel, 100 mt of CAI Atka mackerel, 
                    ( print page 10673)
                    and 1,000 mt of EAI and BS subarea Atka mackerel TAC after subtracting the 10.7 percent CDQ reserve. These ICA allowances are based on NMFS' examination of the incidental catch in other target fisheries from 2003 through 2011. The regulations do not designate the remainder of the non-specified reserve by species or species group. Any amount of the reserve may be apportioned to a target species category during the year, providing that such apportionments do not result in overfishing (see § 679.20(b)(1)(i)). The Regional Administrator has determined that the ITACs specified for the species listed in Table 2 need to be supplemented from the non-specified reserve because U.S. fishing vessels have demonstrated the capacity to catch the full TAC allocations. Therefore, in accordance with § 679.20(b)(3), NMFS is apportioning the amounts shown in Table 2 from the non-specified reserve to increase the ITAC for northern rockfish, shortraker rockfish, rougheye rockfish, Bering Sea “other rockfish,” skates, sharks, octopuses, and sculpins by 15 percent of the TAC in 2012 and 2013. Table 2—Final 2012 and 2013 Apportionment of Reserves to ITAC Categories
[Amounts are in metric tons]
Species-area or subarea
2012 ITAC
2012 reserve amount
2012 final ITAC
2013 ITAC
2013 reserve amount
2013 final ITACShortraker rockfish—BSAI
334
59
393
334
59
393Rougheye rockfish—EBS/EAI
196
35
231
205
36
241Rougheye rockfish—CAI/WAI
207
37
244
219
39
258Northern rockfish—BSAI
3,995
705
4,700
3,995
705
4,700Other rockfish—Bering Sea subarea
425
75
500
425
75
500Skates—BSAI
20,995
3,705
24,700
21,034
3,712
24,746Sharks—BSAI
170
30
200
170
30
200Octopuses—BSAI
765
135
900
765
135
900Sculpins—BSAI
4,420
780
5,200
4,420
780
5,200Total
31,508
5,560
37,068
31,567
5,571
37,138
 Allocation of Pollock TAC Under the American Fisheries Act (AFA) Section 679.20(a)(5)(i)(A) requires that the BS subarea pollock TAC be apportioned, after subtracting the 10 percent for the CDQ program and the 3 percent for the ICA, as a DFA as follows: 50 percent to the inshore sector, 40 percent to the catcher/processor (C/P) sector, and 10 percent to the mothership sector. In the BS subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10), and 60 percent of the DFA is allocated to the B season (June 10-November 1) (§ 679.20(a)(5)(i)(A)). The AI directed pollock fishery allocation to the Aleut Corporation is the amount of pollock remaining in the AI subarea after subtracting 1,900 mt for the CDQ DFA (10 percent) and 1,600 mt for the ICA (§ 679.20(a)(5)(iii)(B)(
                    *2*)(
                    *ii*)). In the AI subarea, 40 percent of the DFA is allocated to the A season and the remainder of the directed pollock fishery is allocated to the B season. Table 3 lists these 2012 and 2013 amounts. Section 679.20(a)(5)(i)(A)(
                    *4*) also includes several specific requirements regarding BS subarea pollock allocations. First, it requires that 8.5 percent of the pollock allocated to the C/P sector be available for harvest by AFA catcher vessels (CVs) with C/P sector endorsements, unless the Regional Administrator receives a cooperative contract that allows the distribution of harvest among AFA C/Ps and AFA CVs in a manner agreed to by all members. Second, AFA C/Ps not listed in the AFA are limited to harvesting not more than 0.5 percent of the pollock allocated to the C/P sector. Table 3 lists the 2012 and 2013 allocations of pollock TAC. Tables 11 through 16 list the AFA C/P and CV harvesting sideboard limits. The tables for the pollock allocations to the BS subarea inshore pollock cooperatives and open access sector will be posted on the Alaska Region Web site at 
                    *http://alaskafisheries.noaa.gov.* Table 3 also lists seasonal apportionments of pollock and harvest limits within the Steller Sea Lion Conservation Area (SCA). The harvest within the SCA, as defined at § 679.22(a)(7)(vii), is limited to 28 percent of the annual DFA until 12 noon, April 1 as provided in § 679.20(a)(5)(i)(C). The remaining 12 percent of the 40 percent annual DFA allocated to the A season may be taken outside the SCA before 12 noon, April 1 or inside the SCA after 12 noon, April 1. If less than 28 percent of the annual DFA is taken inside the SCA before 12 noon, April 1, the remainder will be available to be taken inside the SCA after 12 noon, April 1. The A season pollock SCA harvest limit will be apportioned to each sector in proportion to each sector's allocated percentage of the DFA. Table 3 lists these 2012 and 2013 amounts by sector. Table 3—Final 2012 and 2013 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) 1
[Amounts are in metric tons]
Area and sector
2012
                             Allocations
2012 A season 1
2012 B season 1
2013
                             Allocations
2013 A season 1
2013 B season 1A season DFA
SCA
                             harvest 
                             
                                limit 2
B season DFA
A season DFA
SCA
                             harvest 
                             
                                limit 2
B season DFABering Sea subarea
1,200,000
n/a
n/a
n/a
1,201,900
n/a
n/a
n/aCDQ DFA
120,000
48,000
33,600
72,000
120,190
48,076
33,653
72,114ICA 1
32,400
n/a
n/a
n/a
32,451
n/a
n/a
n/aAFA Inshore
523,800
209,520
146,664
314,280
524,629
209,852
146,896
314,778( print page 10674)AFA Catcher/Processors 3
419,040
167,616
117,331
251,424
419,703
167,881
117,517
251,822Catch by C/Ps
383,422
153,369
n/a
230,053
384,029
153,611
n/a
230,417Catch by CVs 3
35,618
14,247
n/a
21,371
35,675
14,270
n/a
21,405Unlisted C/P Limit 4
2,095
838
n/a
1,257
2,099
839
n/a
1,259AFA Motherships
104,760
41,904
29,333
62,856
104,926
41,970
29,379
62,956Excessive Harvesting Limit 5
183,330
n/a
n/a
n/a
183,620
n/a
n/a
n/aExcessive Processing Limit 6
314,280
n/a
n/a
n/a
314,778
n/a
n/a
n/aTotal Bering Sea DFA
1,047,600
419,040
293,328
628,560
1,049,259
419,703
293,792
629,555Aleutian Islands subarea 1
19,000
n/a
n/a
n/a
19,000
n/a
n/a
n/aCDQ DFA
1,900
760
n/a
1,140
1,900
760
n/a
1,140ICA
1,600
800
n/a
800
1,600
800
n/a
800Aleut Corporation
15,500
15,500
n/a
0
15,500
15,500
n/a
0Bogoslof District ICA 7
150
n/a
n/a
n/a
150
n/a
n/a
n/a1
                         Pursuant to § 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3 percent), is allocated as a DFA as follows: inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the BS subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season (June 10-November 1). Pursuant to § 679.20(a)(5)(iii)(B)(
                        *2*)(
                        *i*) and (
                        *ii*), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.2
                         In the BS subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If less than 28 percent of the annual DFA is taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1.3
                         Pursuant to § 679.20(a)(5)(i)(A)(
                        *4*), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/processors.4
                         Pursuant to § 679.20(a)(5)(i)(A)(
                        *4*)(
                        *iii*), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/processors sector's allocation of pollock.5
                         Pursuant to § 679.20(a)(5)(i)(
                        *A*)(
                        *6*), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs.6
                         Pursuant to § 679.20(a)(5)(i)(
                        *A*)(
                        *7*), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ pollock DFAs.7
                         The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are not apportioned by season or sector.**Note:**
                         Seasonal or sector apportionments may not total precisely due to rounding.
 Allocation of the Atka Mackerel TACs Section 679.20(a)(8) allocates the Atka mackerel TACs to the Amendment 80 and BSAI trawl limited access sectors, after subtracting the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl limited access sector and non-trawl gear sector (Table 4). The process for allocating the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is listed in Table 33 to part 679 and § 679.91. Pursuant to § 679.20(a)(8)(i), up to 2 percent of the EAI and the BS subarea Atka mackerel ITAC may be allocated to the jig gear sector. This allocation is determined annually by the Council based on several criteria, including the anticipated harvest capacity of the jig gear fleet. The Council recommended, and NMFS approves, a 0.5 percent allocation of the Atka mackerel ITAC in the EAI and BS subarea to the jig gear sector in 2012 and 2013. This percentage is applied to the Atka mackerel TAC after subtracting the CDQ reserve and the ICA. Section 679.20(a)(8)(ii)(C)(
                    *3*) limits the annual Atka mackerel TAC for Area 542 (the CAI) to no more than 47 percent of the Area 542 ABC. Section 679.7(a)(19) prohibits retention of Atka mackerel in Area 543 (the WAI), and the amount set here accounts for discards in other fisheries. Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into two equal seasonal allowances. Section 679.23(e)(3) sets the first seasonal allowance for directed fishing with trawl gear from January 20 through June 10 (A season), and the second seasonal allowance from June 10 through November 1 (B season). Section 679.23(e)(4)(iii) applies Atka mackerel seasons to CDQ Atka mackerel fishing. The jig gear allocation is not apportioned by season. Section 679.20(a)(8)(ii)(C) requires the Amendment 80 cooperatives and CDQ groups to limit harvest to 10 percent of their Central Aleutian District Atka mackerel allocation equally divided between the A and B seasons, within waters 10 nm to 20 nm of Gramp Rock and Tag Island, as described on Table 12 to part 679. Vessels not fishing under the authority of an Amendment 80 cooperative quota or CDQ allocation are prohibited from conducting directed fishing for Atka mackerel inside Steller sea lion critical habitat in the Central Aleutian District. Table 4 lists these 2012 and 2013 Atka mackerel season and area allowances, as well as the sector allocations. The 2013 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2012.
                    ( print page 10675) Table 4—Final 2012 and 2013 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and Amendment 80 Allocations of the BSAI ATKA Mackerel TAC
[Amounts are in metric tons]
Sector 1
Season 2 3 4
2012 allocation by area
2013 allocation by areaEastern Aleutian District/Bering Sea
Central 5
                             Aleutian District
Western Aleutian District
Eastern Aleutian District/Bering Sea
Central 5
                             Aleutian District
Western Aleutian DistrictTAC
n/a
38,500
10,763
1,500
31,700
8,883
1,500CDQ reserve
Total
4,120
1,152
161
3,392
950
161A
2,060
576
80
1,696
475
80Critical Habitat 5
n/a
58
n/a
n/a
48
n/aB
2,060
576
80
1,696
475
80Critical Habitat 5
n/a
58
n/a
n/a
48
n/aICA
Total
1,000
100
40
1,000
100
40Jig 6
Total
167
0
0
137
0
0BSAI trawl limited access
Total
3,321
951
0
2,717
783
0A
1,661
476
0
1,359
392
0B
1,661
476
0
1,359
392
0Amendment 80 sectors
Total
29,892
8,560
1,300
24,454
7,049
1,300A
14,946
4,280
650
12,227
3,525
650B
14,946
4,280
650
12,227
3,525
650Alaska Groundfish Cooperative
Total
17,432
5,020
759
n/a
n/a
n/aA
8,716
2,510
380
n/a
n/a
n/aCritical Habitat 5
n/a
251
n/a
n/a
n/a
n/aB
8,716
2,510
380
n/a
n/a
n/aCritical Habitat 5
n/a
251
n/a
n/a
n/a
n/aAlaska Seafood Cooperative
Total
12,461
3,540
541
n/a
n/a
n/aA
6,231
1,770
271
n/a
n/a
n/aCritical Habitat 5
n/a
177
n/a
n/a
n/a
n/aB
6,231
1,770
271
n/a
n/a
n/aCritical Habitat 5
n/a
177
n/a
n/a
n/a
n/a1
                         Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtractng the CDQ reserves, jig gear allocation, and ICAs to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31).2
                         Regulations at §§ 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.3
                         The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.4
                         Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B season from June 10 to November 1.5
                         Section 679.20(a)(8)(ii)(C) requires the TAC in area 542 shall be no more than 47% of ABC, and Atka mackerel harvests for Amendment 80 cooperatives and CDQ groups within waters 10 nm to 20 nm of Gramp Rock and Tag Island, as described Table 12 to part 679, in Area 542 are limited to no more than 10 percent of the Amendment 80 cooperative Atka mackerel allocation or 10 percent of the CDQ Atka mackerel allocation.6
                         Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.**Note:**
                         Seasonal or sector apportionments may not total precisely due to rounding.
 Allocation of the Pacific Cod ITAC Section 679.20(a)(7)(i) and (ii) requires NMFS to allocate the Pacific cod TAC in the BSAI, after subtracting 10.7 percent for the CDQ reserve, as follows: 1.4 percent to vessels using jig gear; 2.0 percent to hook-and-line and pot CVs less than 60 ft (18.3 m) length overall (LOA); 0.2 percent to hook-and-line CVs greater than or equal to 60 ft (18.3 m) LOA; 48.7 percent to hook-and-line C/P; 8.4 percent to pot CVs greater than or equal to 60 ft (18.3 m) LOA; 1.5 percent to pot C/Ps; 2.3 percent to AFA trawl C/Ps; 13.4 percent to non-AFA trawl C/Ps; and 22.1 percent to trawl CVs. The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot sectors. For 2012 and 2013, the Regional Administrator establishes an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries. The ITAC allocation of Pacific cod to the Amendment 80 sector is established in Table 33 to part 679 and § 679.91. The 2013 allocations for Pacific cod between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until November 1, 2012, the date by which the applicants eligible to apply for participation in the Amendment 80 program must file their application. Amendment 80 applications for 2013 have not yet been submitted to NMFS, thereby preventing NMFS from calculating 2013 allocations. NMFS will post 2013 Amendment 80 allocations when they become available in December 2012.
                    ( print page 10676) The Pacific cod ITAC is apportioned into seasonal allowances to disperse the Pacific cod fisheries over the fishing year (see §§ 679.20(a)(7) and 679.23(e)(5)). In accordance with § 679.20(a)(7)(iv)(B) and (C), any unused portion of a seasonal Pacific cod allowance will become available at the beginning of the next seasonal allowance. The CDQ and non-CDQ season allowances by gear based on the 2012 and 2013 Pacific cod TACs are listed in Tables 5a and 5b, and are based on the sector allocation percentages of Pacific cod set forth at §§ 679.20(a)(7)(i)(B) and 679.20(a)(7)(iv)(A); and the seasonal allowances of Pacific cod set forth at § 679.23(e)(5). Section 679.7(a)(19) prohibits retaining Pacific cod in Area 543, and § 679.7(a)(23) prohibits directed fishing for Pacific cod with hook-and-line, pot, or jig gear in the Aleutian Islands subarea November 1 through December 31. Table 5a—Final 2012 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
Gear sector
Percent
Share of gear sector total
Share of
                             sector total
Seasonal apportionmentDates
AmountTotal TAC
100
261,000
n/a
n/a
n/aCDQ
10.7
27,927
n/a
See § 679.20(a)(7)(i)(B)
n/aTotal hook-and-line/pot gear
60.8
141,708
n/a
n/a
n/aHook-and-line/pot ICA1
n/a
500
n/a
See 679.20(a)(7)(ii)(B)
n/aHook-and-line/pot sub-total
n/a
141,208
n/a
n/a
n/aHook-and-line catcher/processor
48.7
n/a
113,106
Jan 1-Jun 10 
                             Jun 10-Dec 31
57,684 
                             55,422Hook-and-line catcher vessel ≥60 ft LOA
0.2
n/a
465
Jan 1-Jun 10 
                             Jun 10-Dec 31
237 
                             228Pot catcher/processor
1.5
n/a
3,484
Jan 1-Jun 10 
                             Sept 1-Dec 31
1,777 
                             1,707Pot catcher vessel ≥60 ft LOA
8.4
n/a
19,509
Jan 1-Jun 10 
                             Sept 1-Dec 31
9,950 
                             9,559Catcher vessel <60 ft LOA using hook-and-line or pot gear
2
n/a
4,645
n/a
n/aTrawl catcher vessel
22.1
51,509
n/a
Jan 20-Apr 1 
                             Apr 1-Jun 10  
                             Jun 10-Nov 1
38,117 
                             5,666  
                             7,726AFA trawl catcher/processor
2.3
5,361
n/a
Jan 20-Apr 1 
                             Apr 1- Jun 10  
                             Jun 10-Nov 1
4,021 
                             1,340  
                             0Amendment 80
13.4
31,232
n/a
Jan 20-Apr 1 
                             Apr 1- Jun 10  
                             Jun 10-Nov 1
23,424 
                             7,808  
                             0Alaska Groundfish Cooperative
n/a
n/a
5,816
Jan 20-Apr 1 
                             Apr 1- Jun 10  
                             Jun 10-Nov 1
4,362 
                             1,454  
                             0Alaska Seafood Cooperative
n/a
n/a
25,416
Jan 20-Apr 1 
                             Apr 1- Jun 10  
                             Jun 10-Nov 1
19,062 
                             6,354  
                             0Jig
1.4
3,263
n/a
Jan 1-Apr 30 
                             Apr 30-Aug 31  
                             Aug 31-Dec 31
1,958 
                             653  
                             6531
                         The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt based on anticipated incidental catch in these fisheries.**Note:**
                         Seasonal or sector apportionments may not total precisely due to rounding.
 Table 5b—Final 2013 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
Gear sector
Percent
Share of gear sector total
Share of
                             sector total
Seasonal apportionment 2Dates
AmountTotal TAC
100
262,900
n/a
n/a
n/aCDQ
10.7
28,130
n/a
See § 679.20(a)(7)(i)(B)
n/aTotal hook-and-line/pot gear
60.8
142,740
n/a
n/a
n/aHook-and-line/pot ICA1
n/a
500
n/a
See § 679.20(a)(7)(ii)(B)
n/aHook-and-line/pot sub-total
n/a
142,240
n/a
n/a
n/aHook-and-line catcher/processor
48.7
n/a
113,932
Jan 1-Jun 10 
                             Jun 10-Dec 31
58,105 
                             55,827Hook-and-line catcher vessel ≥60 ft LOA
0.2
n/a
468
Jan 1-Jun 10 
                             Jun 10-Dec 31
239 
                             229Pot catcher/processor
1.5
n/a
3,509
Jan 1-Jun 10 
                             Sept 1-Dec 31
1,790 
                             1,720Pot catcher vessel ≥60 ft LOA
8.4
n/a
19,652
Jan 1-Jun 10 
                             Sept 1-Dec 31
10,022 
                             9,629Catcher vessel <60 ft LOA using hook-and-line or pot gear
2
n/a
4,679
n/a
n/a( print page 10677)Trawl catcher vessel
22.1
51,884
n/a
Jan 20-Apr 1 
                             Apr 1-Jun 10  
                             Jun 10-Nov 1
38,394 
                             5,707  
                             7,783AFA trawl catcher/processor
2.3
5,400
n/a
Jan 20-Apr 1 
                             Apr 1-Jun 10  
                             Jun 10-Nov 1
4,050 
                             1,350  
                             0Amendment 80
13.4
31,459
n/a
Jan 20-Apr 1 
                             Apr 1-Jun 10  
                             Jun 10-Nov 1
23,594 
                             7,865  
                             0Amendment 80 limited access2
n/a
n/a
See footnote 2
Jan 20-Apr 1 
                             Apr 1-Jun 10  
                             Jun 10-Nov 1
75% 
                             25%  
                             0Amendment 80 cooperatives2
n/a
n/a
See footnote 2
Jan 20-Apr 1 
                             Apr 1-Jun 10  
                             Jun 10-Nov 1
75% 
                             25%  
                             0Jig
1.4
3,287
n/a
Jan 1-Apr 30 
                             Apr 30-Aug 31 
                             Aug 31-Dec 31
1,972 
                             657  
                             6571
                         The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt based on anticipated incidental catch in these fisheries.2
                         The 2013 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known November 1, 2012, the date by which the applicants eligible to apply for participation in the Amendment 80 program must file their application.**Note:**
                         Seasonal or sector apportionments may not total precisely due to rounding.
 Sablefish Gear Allocation Sections 679.20(a)(4)(iii) and (iv) require that sablefish TACs for the BS and AI subareas be allocated between trawl and hook-and-line or pot gear sectors. Of the TAC for the BS subarea, 50 percent is allocated to vessels using trawl gear, and 50 percent to hook-and-line or pot gear vessels. TACs for the AI subarea are divided 25 percent to the trawl gear vessels, and 75 percent to hook-and-line or pot gear sector. Section 679.20(b)(1)(ii)(B) requires NMFS to allot 20 percent of the hook-and-line and pot gear allocation of sablefish to the CDQ reserve. Additionally, § 679.20(b)(1)(ii)(D) requires that 7.5 percent of the trawl gear allocation of sablefish from the nonspecified reserves, established under § 679.20(b)(1)(i), be assigned to the CDQ reserve. The Council recommended that only trawl sablefish TAC be established biennially, because the harvest specifications for the hook-and-line gear and pot gear sablefish Individual Fishing Quota (IFQ) fisheries will be limited to the 2012 fishing year to ensure those fisheries are conducted concurrently with the halibut IFQ fishery. Concurrent sablefish and halibut IFQ fisheries reduce the potential for discards of halibut and sablefish in those fisheries. The sablefish IFQ fisheries will remain closed at the beginning of each fishing year until the final specifications for the sablefish IFQ fisheries are in effect. Table 6 lists the 2012 and 2013 gear allocations of the sablefish TAC and CDQ reserve amounts. Table 6—Final 2012 and 2013 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
[Amounts are in metric tons]
Subarea and gear
Percent of TAC
2012 Share of TAC
2012 ITAC
2012 CDQ reserve
2013 Share of TAC
2013 ITAC
2013 CDQ
                             reserveBering SeaTrawl 1
50
1,115
948
84
1,100
935
83Hook-and-line/pot gear 2
50
1,115
892
223
n/a
n/a
n/aTotal
100
2,230
1,840
307
1,100
935
83Aleutian IslandsTrawl 1
25
513
436
38
505
429
38Hook-and-line/pot gear 2
75
1,537
1,230
307
n/a
n/a
n/aTotal
100
2,050
1,666
346
505
429
381
                         Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of the TAC after the subtracting these reserves.2
                         For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by CDQ participants. The Council recommended that specifications for the hook-and-line gear sablefish IFQ fisheries be limited to one year.**Note:**
                         Sector apportionments may not total precisely due to rounding.
 
 
 Allocation of the AI Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs between the Amendment 80 sector and BSAI trawl limited access sector, after subtracting 10.7 percent for the CDQ reserve and an ICA for the BSAI trawl limited access sector and vessels using non-trawl gear. The allocation of the ITAC for AI Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin sole to the Amendment 80 sector is established in accordance with Tables 33 and 34 to part 679 and § 679.91. The 2013 allocations for Amendment 80 species between Amendment 80 cooperatives and limited access sector will not be known until November 1, 2012, the date by which the applicants eligible to apply for participation in the Amendment 80 program must file their application. Amendment 80 applications for 2013 have not yet been submitted to NMFS, thereby preventing NMFS from calculating 2013 allocations. NMFS will publish 2013 Amendment 80 allocations when they become available in December 2012. Table 7a and 7b lists the 2012 and 2013 allocations of the AI Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs. Table 7a—Final 2012 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
[Amounts are in metric tons]
Sector
Pacific ocean perch
Flathead sole
Rock sole
Yellowfin soleEastern Aleutian District
Central Aleutian District
Western Aleutian District
BSAI
BSAI
BSAITAC
5,620
4,990
8,380
34,134
87,000
202,000CDQ
601
534
897
3,652
9,309
21,614ICA
100
75
10
5,000
10,000
2,000BSAI trawl limited access
492
438
149
0
0
36,297Amendment 80
4,427
3,943
7,324
25,482
67,691
142,089Alaska Groundfish Cooperative
2,347
2,091
3,883
4,976
19,000
60,313Alaska Seafood Cooperative
2,080
1,852
3,440
20,506
48,691
81,776**Note:**
                         Sector apportionments may not total precisely due to rounding.
 Table 7b—Final 2013 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
[Amounts are in metric tons]
Sector
Pacific ocean perch
Flathead sole
Rock sole
Yellowfin soleEastern Aleutian District
Central Aleutian District
Western Aleutian District
BSAI
BSAI
BSAITAC
6,440
5,710
9,610
34,134
87,000
203,900CDQ
689
611
1,028
3,652
9,309
21,817ICA
100
75
10
5,000
10,000
2,000BSAI trawl limited access
565
502
171
0
0
36,975Amendment 801
5,086
4,522
8,400
25,482
67,691
143,1071
                         The 2013 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until November 1, 2012, the date by which the applicants eligible to apply for participation in the Amendment 80 program must file their application.**Note:**
                         Sector apportionments may not total precisely due to rounding.
 Allocation of PSC Limits for Halibut, Salmon, Crab, and Herring Section 679.21(e) sets forth the BSAI PSC limits. Pursuant to § 679.21(e)(1)(iv) and (e)(2), the 2012 and 2013 BSAI halibut mortality limits are 3,675 mt for trawl fisheries and 900 mt for the non-trawl fisheries. Under sections 679.21(e)(3)(i)(A)(
                    *2*) and (e)(4)(i)(A), NMFS allocates 326 mt of the trawl halibut mortality limit and 7.5 percent, or 67 mt, of the non-trawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. Section 679.21(e)(4)(i) authorizes NMFS to apportion the non-trawl halibut PSC limit into PSC bycatch allowances among six fishery categories. Table 8c lists the fishery bycatch allowances for the trawl and non-trawl fisheries. Pursuant to section 3.6 of the BSAI FMP, the Council recommends, and NMFS agrees, that certain specified non-trawl fisheries be exempt from the halibut PSC limit. As in past years, after consulting with the Council, NMFS exempts pot gear, jig gear, and the sablefish IFQ hook-and-line gear fishery categories from halibut bycatch restrictions for the following reasons: (1) The pot gear fisheries have low halibut bycatch mortality; (2) NMFS estimates halibut mortality for the jig gear fleet to be negligible because of the small size of the fishery and the selectivity of the gear; and (3) the sablefish and halibut IFQ fisheries have low halibut bycatch mortality because the IFQ program requires legal-size halibut to be retained by vessels using hook-and-line gear if a halibut IFQ permit holder or a hired master is aboard and is holding unused halibut IFQ (subpart D of 50 CFR part 679). In 2011, total groundfish catch for the pot gear fishery in the BSAI was approximately 29,508 mt, with an associated halibut bycatch mortality of about 6 mt. The 2011 jig gear fishery harvested about 505 mt of groundfish. Most 
                    ( print page 10679)
                    vessels in the jig gear fleet are less than 60 ft (18.3 m) LOA and thus are exempt from observer coverage requirements. As a result, observer data are not available on halibut bycatch in the jig gear fishery. However, as mentioned above, NMFS estimates the jig gear sector will have a negligible amount of halibut bycatch mortality because of the selective nature of jig gear and the low mortality rate of halibut caught with jig gear and released. Section 679.21(f)(2) requires NMFS to annually allocate portions of either 47,591 or 60,000 Chinook salmon PSC among the AFA sectors, depending upon past catch performance and upon whether or not Chinook salmon bycatch incentive plan agreements are formed. If an AFA sector participates in an approved Chinook salmon bycatch incentive plan agreement, then NMFS will allocate a portion of the 60,000 PSC limit to that sector as specified in § 679.21(f)(3)(iii)(A). If no Chinook salmon bycatch incentive plan agreement is approved, or if the sector has exceeded its performance standard under § 679.21(f)(6), NMFS will allocate a portion of the 47,591 Chinook salmon PSC limit to that sector as specified in § 679.21(f)(3)(iii)(B). In 2012, the Chinook salmon PSC limit is 60,000 and the AFA sector Chinook salmon allocations are seasonally allocated with 70 percent of the allocation for the A season pollock fishery, and 30 percent of the allocation for the B season pollock fishery as stated in § 679.21(f)(3)(iii)(A). The basis for these PSC limits is described in detail in the final rule implementing management measures for Amendment 91 (75 FR 53026, August 30, 2010). NMFS publishes the approved Chinook salmon bycatch incentive plan agreements, 2012 allocations and reports at: 
                    *http://alaskafisheries.noaa.gov/​sustainablefisheries/​bycatch/​default.htm*. Section 679.21(e)(1)(viii) specifies 700 fish as the 2012 and 2013 Chinook salmon PSC limit for the AI subarea pollock fishery. Pursuant to section 679.21(e)(3)(i)(A)(
                    *3*)(
                    *i*), NMFS allocates 7.5 percent, or 53 Chinook salmon, to the AI subarea PSQ for the CDQ program, and allocates the remaining 647 Chinook salmon to the non-CDQ fisheries. Section 679.21(e)(1)(vii) specifies 42,000 fish as the 2012 and 2013 non-Chinook salmon PSC limit. Section 679.21(e)(3)(i)(A)(
                    *3*)(
                    *ii*) requires NMFS to allocate 10.7 percent, or 4,494 non-Chinook salmon, as the PSQ for the CDQ program and allocates the remaining 37,506 non-Chinook salmon to the non-CDQ fisheries. PSC limits for crab and herring are specified annually based on abundance and spawning biomass. Pursuant to § 679.21(e)(3)(i)(A)(
                    *1*), 10.7 percent from each trawl gear PSC limit specified for crab is allocated as a PSQ reserve for use by the groundfish CDQ program. Based on the 2011 survey data, the red king crab mature female abundance is estimated at 27.6 million red king crabs, and the effective spawning biomass is estimated at 43.1 million lb. Based on the criteria set out at § 679.21(e)(1)(i), the 2012 and 2013 PSC limit of red king crab in Zone 1 for trawl gear is 97,000 animals. This limit derives from the mature female abundance of more than 8.4 million king crab and the effective spawning biomass estimate of less than 55 million lb (24,948 mt). Section 679.21(e)(3)(ii)(B)(
                    *2*) establishes criteria under which NMFS must specify an annual red king crab bycatch limit for the Red King Crab Savings Subarea (RKCSS). The regulations require NMFS to set the RKCSS red king crab bycatch limit to up to 25 percent of the red king crab PSC limit, based on the need to optimize the groundfish harvest relative to red king crab bycatch. In December 2011, the Council recommended that the red king crab bycatch limit be equal to 25 percent of the red king crab PSC limit within the RKCSS (Table 8b). NMFS concurs with the Council's recommendation. Based on 2011 survey data, Tanner crab (
                    *Chionoecetes bairdi*) abundance is estimated at 670 million animals. Pursuant to criteria set out at § 679.21(e)(1)(ii), NMFS calculates 2012 and 2013 
                    *C. bairdi*
                     crab PSC limit for trawl gear is 980,000 animals in Zone 1 and 2,970,000 animals in Zone 2. These limits are derived from the 
                    *C. bairdi*
                     crab abundance estimate being in excess of the 400 million animals for both the Zone 1 and Zone 2 allocations. Pursuant to § 679.21(e)(1)(iii), the PSC limit for snow crab (
                    *C. opilio*) is based on total abundance as indicated by the NMFS annual bottom trawl survey. The 
                    *C. opilio*
                     crab PSC limit is set at 0.1133 percent of the BS abundance index minus 150,000 crabs. Based on the 2011 survey estimate of 6.337 billion animals, the calculated 
                    *C.*
                     opilio crab PSC limit is 7,029,520 animals. Pursuant to § 679.21(e)(1)(v), the PSC limit of Pacific herring caught while conducting any trawl operation for BSAI groundfish is 1 percent of the annual eastern BS herring biomass. The best estimate of 2012 and 2013 herring biomass is 209,419 mt. This amount was derived using 2011 survey data and an age-structured biomass projection model developed by the Alaska Department of Fish and Game. Therefore, the herring PSC limit for 2012 and 2013 is 2,094 mt for all trawl gear, as presented in Tables 8a and b. Section 679.21(e)(3)(A) requires PSQ reserves to be subtracted from the total trawl PSC limits. The amounts of 2011 PSC limits assigned to the Amendment 80 and BSAI trawl limited access sectors are specified in Table 35 to part 679. The resulting allocation of PSC limit to CDQ PSQ, the Amendment 80 sector, and the BSAI trawl limited access fisheries are listed in Table 8a. Pursuant to § 679.21(e)(1)(iv) and § 679.91(d) through (f), crab and halibut trawl PSC limits assigned to the Amendment 80 sector are then further allocated to Amendment 80 cooperatives as PSC cooperative quota, as listed in Table 8e. PSC cooperative quota assigned to Amendment 80 cooperatives is not allocated to specific fishery categories. In 2012, there are no vessels in the Amendment 80 limited access sector. NMFS will not know the 2013 PSC allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector until November 1, 2012, the date by which the applicants eligible to apply to participate in the Amendment 80 program must file their application. Section 679.21(e)(3)(i)(B) requires NMFS to apportion each trawl PSC limit not assigned to Amendment 80 cooperatives into PSC bycatch allowances for seven specified fishery categories. Section 679.21(e)(5) authorizes NMFS, after consulting with the Council, to establish seasonal apportionments of PSC amounts for the BSAI trawl limited access and Amendment 80 limited access sectors in order to maximize the ability of the fleet to harvest the available groundfish TAC and to minimize bycatch. The factors to be considered are (1) seasonal distribution of prohibited species; (2) seasonal distribution of target groundfish species; (3) PSC bycatch needs on a seasonal basis relevant to prohibited species biomass; (4) expected variations in bycatch rates throughout the year; (5) expected start of fishing effort; and (6) economic effects of seasonal PSC apportionments on industry sectors. The Council recommended and NMFS approves the seasonal PSC apportionments in Tables 8c and 8d to maximize harvest among gear types, fisheries, and seasons while minimizing bycatch of PSC based on the above criteria.
                    ( print page 10680) Table 8a—Final 2012 and 2013 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, The CDQ Program, Amendment 80, and the BSAI Trawl Limited Access Sectors
PSC species
Total non-trawl PSC
Non-trawl PSC remaining after CDQ PSQ 1
Total trawl PSC
Trawl PSC remaining after CDQ PSQ 1
CDQ PSQ reserve 1
Amendment 80 sector 2
BSAI trawl limited access fisheryHalibut mortality (mt) BSAI
900
832
3,675
3,349
393
2,325
875Herring (mt) BSAI
n/a
n/a
2,094
n/a
n/a
n/a
n/aRed king crab (animals) Zone 1 1
n/a
n/a
97,000
86,621
10,379
43,293
26,489C. 
                            *opilio*
                             (animals) COBLZ 2
n/a
n/a
7,029,520
6,277,361
752,159
3,085,323
2,017,544C. 
                            *bairdi*
                             crab (animals) Zone 1 2
n/a
n/a
980,000
875,140
104,860
368,521
411,228C. 
                            *bairdi*
                             crab (animals) Zone 2
n/a
n/a
2,970,000
2,652,210
317,790
627,778
1,241,5001
                         Section 679.21(e)(3)(i)(A)(
                        *2*) allocates 326 mt of the trawl halibut mortality limit and § 679.21(e)(4)(i)(A) allocates 7.5 percent, or 67 mt, of the non-trawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.2
                         The Amendment 80 program reduced apportionment of the trawl PSC limits by 150 mt for halibut mortality and 20 percent for crab. These reductions are not apportioned to other gear types or sectors.**Note:**
                         Refer to § 679.2 for definitions of zones.**Note:**
                         Sector apportionments may not total precisely due to rounding.
 Table 8b—Final 2012 and 2013 Herring and Red King Crab Savings Subarea Prohibited Species Catch Allowances for all Trawl Sectors
Fishery categories
Herring (mt) BSAI
Red king crab (animals)
                             Zone 1Yellowfin sole
179
n/aRock sole/flathead sole/other flatfish 1
31
n/aTurbot/arrowtooth/sablefish 2
15
n/aRockfish
11
n/aPacific cod
31
n/aMidwater trawl pollock
1,600
n/aPollock/Atka mackerel/other species 3 4
227
n/aRed king crab savings subarea non-pelagic trawl gear 5
n/a
24,250Total trawl PSC
2,094
97,0001
                         “Other flatfish” for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.2
                         “Arrowtooth flounder” for PSC monitoring includes Kamchatka flounder.3
                         Pollock other than pelagic trawl pollock, Atka mackerel, and “other species” fishery category.4
                         “Other species” for PSC monitoring includes sculpins, sharks, skates, and octopuses.5
                         In December 2011 the Council recommended that the red king crab bycatch limit for non-pelagic trawl fisheries within the RKCSS be limited to 25 percent of the red king crab PSC allowance (see § 679.21(e)(3)(ii)(B)(
                        *2*)).**Note:**
                         Species apportionments may not total precisely due to rounding.
 Table 8c—Final 2012 and 2013 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
BSAI trawl limited access fisheries
Prohibited species and area 1Halibut mortality (mt) BSAI
Red king crab (animals) Zone 1
*C. opilio*
                             (animals) COBLZ
*C. bairdi*
                             (animals)Zone 1
Zone 2Yellowfin sole
167
23,338
1,901,193
346,228
1,185,500Rock sole/flathead sole/other flatfish 2
0
0
0
0
0Turbot/arrowtooth/sablefish 3
0
0
0
0
0Rockfish April 15-December 31
5
0
3,232
0
1,000Pacific cod
453
2,954
80,799
60,000
50,000Pollock/Atka mackerel/other species 4
250
197
32,320
5,000
5,000Total BSAI trawl limited access PSC
875
26,489
2,017,544
411,228
1,241,5001
                         Refer to § 679.2 for definitions of areas.2
                         “Other flatfish” for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, Kamchatka flounder, and arrowtooth flounder.3
                         Arrowtooth flounder for PSC monitoring includes Kamchatka flounder.4
                         “Other species” for PSC monitoring includes sculpins, sharks, skates, and octopuses.**Note:**
                         Seasonal or sector apportionments may not total precisely due to rounding.
 
 
 Table 8d—Final 2012 and 2013 Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
Non-trawl fisheries
Catcher/processor
Catcher vesselPacific cod—Total
760
15January 1-June 10
455
10June 10-August 15
190
3August 15-December 31
115
2Other non-trawl—Total
58May 1-December 31
58Groundfish pot and jig
ExemptSablefish hook-and-line
ExemptTotal non-trawl PSC
833**Note:**
                         Seasonal or sector apportionments may not total precisely due to rounding.
 Table 8e—Final 2012 Prohibited Species Bycatch Allowance for the BSAI Amendment 80 Cooperatives
Cooperative
Prohibited species and zones 1Halibut mortality (mt) BSAI
Red king crab (animals) Zone 1
*C. opilio*
                             (animals) COBLZ
*C. bairdi*
                             (animals)Zone 1
Zone 2Alaska Seafood Cooperative
1,609
29,484
1,991,961
259,427
433,149Alaska Groundfish Cooperative
716
13,809
1,093,362
109,094
194,6291
                         Refer to § 679.2 for definitions of zones.**Note:**
                         Sector apportionments may not total precisely due to rounding.
 Halibut Discard Mortality Rates (DMR) To monitor halibut bycatch mortality allowances and apportionments, the Regional Administrator uses observed halibut bycatch rates, DMRs, and estimates of groundfish catch to project when a fishery's halibut bycatch mortality allowance or seasonal apportionment is reached. The DMRs are based on the best information available, including information contained in the annual SAFE report. NMFS approves the halibut DMRs developed and recommended by the International Pacific Halibut Commission (IPHC) and the Council for the 2012 and 2013 BSAI groundfish fisheries for use in monitoring the 2012 and 2013 halibut bycatch allowances (see Tables 8a-8e). The IPHC developed these DMRs for the 2010 and 2011 BSAI fisheries using the 10-year mean DMRs for those fisheries. The IPHC will analyze observer data annually and recommend changes to the DMRs when a fishery DMR shows large variation from the mean. The document justifying these DMRs is available in Appendix 2 in the final 2009 SAFE report dated November 2009 (see 
                    **ADDRESSES**
                    ). Table 9 lists the 2012 and 2013 DMRs. Table 9—Final 2012 and 2013 Pacific Halibut Discard Mortality Rates for the BSAI
Gear
Fishery
Halibut discard mortality rate
                             (percent)Non-CDQ hook-and-line
Greenland turbot
11Other species 1
10Pacific cod
10Rockfish
9Non-CDQ trawl
Arrowtooth flounder 2
76Atka mackerel
76Flathead sole
74Greenland turbot
67Non-pelagic pollock
73Pelagic pollock
89Other flatfish 3
72Other species 1
71Pacific cod
71Rockfish
81Rock sole
82Sablefish
75Yellowfin sole
81Non-CDQ Pot
Other species 1
8Pacific cod
8CDQ trawl
Atka mackerel
85Greenland turbot
88Flathead sole
84Non-pelagic pollock
85Pacific cod
90Pelagic pollock
90( print page 10682)Rockfish
84Rock sole
87Yellowfin sole
85CDQ hook-and-line
Greenland turbot
4Pacific cod
10CDQ pot
Pacific cod
8Sablefish
321
                         “Other species” includes sculpins, sharks, skates, and octopuses.2
                         Arrowtooth flounder includes Kamchatka flounder.3
                         “Other flatfish” includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, Kamchatka flounder, and arrowtooth flounder.
 Directed Fishing Closures In accordance with § 679.20(d)(1)(i), the Regional Administrator may establish a DFA for a species or species group if the Regional Administrator determines that any allocation or apportionment of a target species has been or will be reached. If the Regional Administrator establishes a DFA, and that allowance is or will be reached before the end of the fishing year, NMFS will prohibit directed fishing for that species or species group in the specified subarea or district (see § 697.20(d)(1)(iii)). Similarly, pursuant to § 679.21(e), if the Regional Administrator determines that a fishery category's bycatch allowance of halibut, red king crab, 
                    *C. bairdi*
                     crab, or 
                    *C. opilio*
                     crab for a specified area has been reached, the Regional Administrator will prohibit directed fishing for each species in that category in the specified area. Based upon historic catch patterns and anticipated fishing activity, the Regional Administrator has determined that the groundfish allocation amounts in Table 10 will be necessary as incidental catch to support other anticipated groundfish fisheries for the 2012 and 2013 fishing years. Consequently, in accordance with § 679.20(d)(1)(i), the Regional Administrator establishes the DFA for the species and species groups in Table 10 as zero. Therefore, in accordance with § 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for these sectors and species in the specified areas effective at 1200 hrs, A.l.t., February 23, 2012, through 2400 hrs, A.l.t., December 31, 2013. Also, for the BSAI trawl limited access sector, bycatch allowances of halibut, red king crab, 
                    *C. bairdi*
                     crab, and 
                    *C. opilio*
                     crab listed in Table 10 are insufficient to support directed fisheries. Therefore, in accordance with § 679.21(e)(7), NMFS is prohibiting directed fishing for these sectors and fishery categories in the specified areas effective at 1200 hrs, A.l.t., February 23, 2012, through 2400 hrs, A.l.t., December 31, 2013. Table 10—2012 and 2013 Directed Fishing Closures 1
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals]
Area
Sector
Species
2012 incidental catch allowance
2013 incidental catch allowanceBogoslof District
All
Pollock
500
500Aleutian Islands subarea
All
ICA pollock
1,600
1,600“Other rockfish” 2
570
570Eastern Aleutian District/Bering Sea
Non-amendment 80 and BSAI trawl limited access
ICA Atka mackerel
1,000
1,000Eastern Aleutian District/Bering Sea
All
Rougheye rockfish
231
241Eastern Aleutian District
Non-amendment 80 and BSAI trawl limited access
ICA Pacific ocean perch
100
100Central Aleutian District
Non-amendment 80 and BSAI trawl limited access
ICA Atka mackerel
100
100ICA Pacific ocean perch
75
75Western Aleutian District
Non-amendment 80 and BSAI trawl limited access
ICA Atka mackerel
40
40ICA Pacific ocean perch
10
10Central and Western Aleutian Districts
All
Rougheye rockfish
244
258Bering Sea subarea
All
Pacific ocean perch
4,854
5,559“Other rockfish” 2
500
500ICA pollock
32,400
32,451Bering Sea and Aleutian Islands
All
Northern rockfish
4,700
4,700Shortraker rockfish
393
393Squids
361
361Skates
24,700
24,746Sharks
200
200Octopuses
900
900Sculpins
5,200
5,200Hook-and-line and pot gear
ICA Pacific cod
500
500Non-amendment 80
ICA flathead sole
5,000
5,000( print page 10683)ICA rock sole
10,000
10,000Non-amendment 80 and BSAI trawl limited access
ICA yellowfin sole
2,000
2,000BSAI trawl limited access
Rock sole/flathead sole/other flatfish—halibut mortality, red king crab Zone 1, 
                            *C. opilio*
                             COBLZ, 
                            *C. bairdi*
                             Zone 1 and 2
0
0Turbot/arrowtooth/sablefish—halibut mortality, red king crab Zone 1, 
                            *C. opilio*
                             COBLZ, 
                            *C. bairdi*
                             Zone 1 and 2
0
0Rockfish—red king crab Zone 1
0
01
                         Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.2
                         “Other rockfish” includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern rockfish, dark rockfish, shortraker rockfish, and rougheye rockfish.
 Closures implemented under the 2011 and 2012 BSAI harvest specifications for groundfish (76 FR 11139, March 1, 2011) remain effective under authority of these final 2012 and 2013 harvest specifications, and are posted at the following Web sites: 
                    *http://alaskafisheries.noaa.gov/​index/​infobulletins/​infobulletins.asp?​Yr=​2012*
                     and 
                    *http://alaskafisheries.noaa.gov/​2012/​status.htm.*
                     While these closures are in effect, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a fishing trip. These closures to directed fishing are in addition to closures and prohibitions found in regulations at 50 CFR part 679. Listed AFA Catcher/Processor Sideboard Limits Pursuant to § 679.64(a), the Regional Administrator is responsible for restricting the ability of listed AFA C/Ps to engage in directed fishing for groundfish species other than pollock to protect participants in other groundfish fisheries from adverse effects resulting from the AFA and from fishery cooperatives in the directed pollock fishery. These restrictions are set out as “sideboard” limits on catch. The basis for these sideboard limits is described in detail in the final rules implementing the major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). Table 11 lists the 2012 and 2013 C/P sideboard limits. All harvest of groundfish sideboard species by listed AFA C/Ps, whether as targeted catch or incidental catch, will be deducted from the sideboard limits in Table 11. However, groundfish sideboard species that are delivered to listed AFA C/Ps by CVs will not be deducted from the 2012 and 2013 sideboard limits for the listed AFA C/Ps. Section 679.64(a)(2) and Tables 40 and 41 of part 679 establish a formula for calculating PSC sideboard limits for listed AFA C/Ps. The basis for these sideboard limits is described in detail in the final rules implementing the major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). PSC species listed in Table 12 that are caught by listed AFA C/Ps participating in any groundfish fishery other than pollock will accrue against the 2012 and 2013 PSC sideboard limits for the listed AFA C/Ps. Section 679.21(e)(3)(v) authorizes NMFS to close directed fishing for groundfish other than pollock for listed AFA C/Ps once a 2012 or 2013 PSC sideboard limit listed in Table 12 is reached. Crab or halibut PSC caught by listed AFA C/Ps while fishing for pollock will accrue against the bycatch allowances annually specified for either the midwater pollock or the pollock/Atka mackerel/“other species” fishery categories under regulations at § 679.21(e)(3)(iv). Table 11—Final 2012 and 2013 Listed BSAI American Fisheries Act Catcher/Processor Groundfish Sideboard Limits
[Amounts are in metric tons]
Target species
Area/season
1995-1997
2012 ITAC available to trawl C/Ps 1
2012 AFA C/P side-board limit
2013 ITAC available to trawl C/Ps 1
2013 AFA C/P side-board limitRetained catch
Total catch
Ratio of retained catch to total catchSablefish trawl
BS
8
497
0.016
948
15
935
15AI
0
145
0
436
0
429
0Atka mackerel
Central AI A season 2
n/a
n/a
0.115
4,806
553
3,966
456Central AI B season 2
n/a
n/a
0.115
4,806
553
3,966
456Western AI A season 2
n/a
n/a
0.2
670
134
670
134Western AI B season 2
n/a
n/a
0.2
670
134
670
134Rock sole
BSAI
6,317
169,362
0.037
77,691
2,875
77,691
2,875( print page 10684)Greenland turbot
BS
121
17,305
0.007
5,296
37
5,109
36AI
23
4,987
0.005
2,066
10
1,717
9Arrowtooth flounder
BSAI
76
33,987
0.002
21,250
43
21,250
43Kamchatka flounder
BSAI
76
33,987
0.002
15,045
30
15,045
30Flathead sole
BSAI
1,925
52,755
0.036
30,482
1,097
30,482
1,097Alaska plaice
BSAI
14
9,438
0.001
20,400
20
20,400
20Other flatfish
BSAI
3,058
52,298
0.058
2,720
158
2,720
158Pacific ocean perch
BS
12
4,879
0.002
4,854
10
5,559
11Eastern AI
125
6,179
0.02
5,019
100
5,751
115Central AI
3
5,698
0.001
4,456
4
5,099
5Western AI
54
13,598
0.004
7,483
30
8,582
34Northern rockfish
BSAI
91
13,040
0.007
4,700
33
4,700
33Shortraker rockfish
BSAI
50
2,811
0.018
393
7
393
7Rougheye rockfish
EBS/EAI
50
2,811
0.018
231
4
241
4CAI/WAI
50
2,811
0.018
244
4
258
5Other rockfish
BS
18
621
0.029
500
15
500
15AI
22
806
0.027
570
15
570
15Squids
BSAI
73
3,328
0.022
361
8
361
8Skates
BSAI
553
68,672
0.008
24,700
198
24,746
198Sharks
BSAI
553
68,672
0.008
200
2
200
2Octopuses
BSAI
553
68,672
0.008
900
7
900
7Sculpins
BSAI
553
68,672
0.008
5,200
42
5,200
421
                         Aleutian Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, yellowfin sole are multiplied by the remainder of the TAC after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C).2
                         The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual ITAC specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
 Table 12—Final 2012 and 2013 BSAI AFA Listed Catcher/Processor Prohibited Species Sideboard Limits
PSC species and area1
Ratio of PSC catch to total PSC
2012 and 2013 PSC available to trawl vessels after subtraction of PSQ 2
2012 and 2013 catcher/processor sideboard limit 2Halibut mortality BSAI
n/a
n/a
286Red king crab zone 1
0.007
86,621
606*C. opilio*
                             (COBLZ)
0.153
6,277,361
960,436*C. bairdi*
                             Zone 1
0.14
875,140
122,520*C. bairdi*
                             Zone 2
0.05
2,652,210
132,6111
                         Refer to § 679.2 for definitions of areas.2
                         Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
 AFA Catcher Vessel Sideboard Limits Pursuant to § 679.64(a), the Regional Administrator is responsible for restricting the ability of AFA CVs to engage in directed fishing for groundfish species other than pollock to protect participants in other groundfish fisheries from adverse effects resulting from the AFA and from fishery cooperatives in the directed pollock fishery. Section 679.64(b) establishes a formula for setting AFA CV groundfish and PSC sideboard limits for the BSAI. The basis for these sideboard limits is described in detail in the final rules implementing the major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). Tables 13 and 14 list the 2012 and 2013 AFA CV sideboard limits. All catch of groundfish sideboard species made by non-exempt AFA CVs, whether as targeted catch or incidental catch, will be deducted from the 2012 and 2013 sideboard limits listed in Table 13.
                    ( print page 10685) Table 13—Final 2012 and 2013 American Fisheries Act Catcher Vessel BSAI Groundfish Sideboard Limits
[Amounts are in metric tons]
Species/gear
Fishery by area/season
Ratio of 1995-1997 AFA CV catch to 1995-1997 TAC
2012 initial TAC 1
2012 AFA catcher vessel sideboard limits
2013 initial TAC 1
2013 AFA catcher vessel sideboard limitsPacific cod/Jig gear
BSAI
0
n/a
0
n/a
0Pacific cod/Hook-and-line CV
BSAI Jan 1-Jun 10
0.0006
237
0
239
0BSAI Jun 10-Dec 31
0.0006
228
0
229
0Pacific cod pot gear CV
BSAI Jan 1-Jun 10
0.0006
9,950
6
10,022
6BSAI Sept 1—Dec 31
0.0006
9,959
6
9,629
6Pacific cod CV < 60 feet LOA using hook-and-line or pot gear
BSAI
0.0006
4,645
3
4,679
3Pacific cod trawl gear CV
BSAI Jan 20-Apr 1
0.8609
38,117
32,815
38,394
33,053BSAI Apr 1-Jun 10
0.8609
5,666
4,878
5,707
4,913BSAI Jun 10-Nov 1
0.8609
7,726
6,651
7,783
6,700Sablefish trawl gear
BS
0.0906
948
86
935
85AI
0.0645
436
28
429
28Atka mackerel
Eastern AI/BS Jan 1-Jun 10
0.0032
17,190
55
14,154
45Eastern AI/BS Jun 10-Nov 1
0.0032
17,190
55
14,154
45Central AI Jan 1-Jun 10
0.0001
4,806
0
3,966
0Central AI Jun 10-Nov 1
0.0001
4,806
0
3,966
0Western AI Jan 1-Jun 10
0
n/a
0
n/a
0Western AI Jun 10-Nov 1
0
n/a
0
n/a
0Rock sole
BSAI
0.0341
77,691
2,649
77,691
2,649Greenland turbot
BS
0.0645
5,296
342
5,109
330AI
0.0205
2,066
42
1,717
35Arrowtooth flounder
BSAI
0.069
21,250
1,466
21,250
1,466Kamchatka flounder
BSAI
0.069
15,045
1,038
15,045
1,038Alaska plaice
BSAI
0.0441
20,400
900
20,400
900Other flatfish
BSAI
0.0441
2,720
120
2,720
120Flathead sole
BS
0.0505
30,482
1,539
30,482
1,539Pacific ocean perch
BS
0.1
4,854
485
5,559
556Eastern AI
0.0077
5,019
39
5,751
44Central AI
0.0025
4,456
11
5,099
13Western AI
0
n/a
0
n/a
0Northern rockfish
BSAI
0.0084
4,700
39
4,700
39Shortraker rockfish
BSAI
0.0037
393
1
393
1Rougheye rockfish
EBS/EAI
0.0037
231
1
241
1CAI/WAI
0.0037
244
1
258
1Other rockfish
BS
0.0048
500
2
500
2AI
0.0095
570
5
570
5Squids
BSAI
0.3827
361
138
361
138Skates
BSAI
0.0541
24,700
1,336
24,746
1,339Sharks
BSAI
0.0541
200
11
200
11Octopuses
BSAI
0.0541
900
49
900
49Sculpins
BSAI
0.0541
5,200
281
5,200
2811
                         Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, and rock sole are multiplied by the remainder of the TAC of that species after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C).
 Halibut and crab PSC limits listed in Table 14 that are caught by AFA CVs participating in any groundfish fishery for groundfish other than pollock will accrue against the 2012 and 2013 PSC sideboard limits for the AFA CVs. Sections 679.21(d)(8) and 679.21(e)(3)(v) authorize NMFS to close directed fishing for groundfish other than pollock for AFA CVs once a 2012 or 2013 PSC sideboard limit listed in Table 14 is reached. The PSC that is caught by AFA CVs while fishing for pollock in the BSAI will accrue against the bycatch allowances annually specified for either the midwater pollock or the pollock/Atka mackerel/“other species” fishery categories under regulations at § 679.21(e)(3)(iv).
                    ( print page 10686) Table 14—Final 2012 and 2013 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits for the BSAI 1
PSC species
Target fishery category 2
AFA catcher vessel PSC sideboard limit ratio
2012 and 2013 PSC limit after subtraction of PSQ reserves
2012 and 2013 AFA catcher vessel PSC sideboard limitHalibut
Pacific cod trawl
n/a
n/a
887Pacific cod hook-and-line or pot
n/a
n/a
2Yellowfin sole total
n/a
n/a
101Rock sole/flathead sole/other flatfish3
n/a
n/a
228Greenland turbot/arrowtooth/sablefish 4
n/a
n/a
0Rockfish
n/a
n/a
2Pollock/Atka mackerel/other species 5
n/a
n/a
5Red king crab Zone 1 4 6
n/a
0.299
86,621
25,900*C. opilio*
                             COBLZ 4 6
n/a
0.168
6,277,361
1,054,597*C. bairdi*
                             Zone 1 4 6
n/a
0.33
875,140
288,796*C. bairdi*
                             Zone 2 6
n/a
0.186
2,652,210
493,3111
                         Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.2
                         Target fishery categories are defined in regulation at § 679.21(e)(3)(iv).3
                         “Other flatfish” for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, Kamchatka flounder, and arrowtooth flounder.4
                         Arrowtooth for PSC monitoring includes Kamchatka flounder.5
                         “Other species” for PSC monitoring includes sculpins, sharks, skates, and octopuses.6
                         Refer to § 679.2 for definitions of areas.
 AFA Catcher/Processor and Catcher Vessel Sideboard Directed Fishing Closures Based upon historical catch patterns, the Regional Administrator has determined that many of the AFA C/P and CV sideboard limits listed in Tables 15 and 16 are necessary as incidental catch to support other anticipated groundfish fisheries for the 2012 fishing year. In accordance with § 679.20(d)(1)(iv), the Regional Administrator establishes the sideboard limits listed in Tables 15 and 16 as DFAs. Because many of these DFAs will be reached before the end of the year, the Regional Administrator has determined, in accordance with § 679.20(d)(1)(iii), that NMFS is prohibiting directed fishing by listed AFA C/Ps for the species in the specified areas set out in Table 15 and directed fishing by non-exempt AFA CVs for the species in the specified areas set out in Table 16. Table 15—Final 2012 and 2013 American Fisheries Act Listed Catcher/Processor Sideboard Directed Fishing Closures 1
[Amounts are in metric tons]
Species
Area
Gear types
2012 sideboard limit
2013 sideboard limitSablefish trawl
BS
trawl
15
15AI
trawl
0
0Rock sole
BSAI
all
2,875
2,875Greenland turbot
BS
all
37
36AI
all
10
9Arrowtooth flounder
BSAI
all
43
43Kamchatka flounder
BSAI
all
30
30Alaska plaice
BSAI
all
20
20Other flatfish 2
BSAI
all
158
158Flathead sole
BSAI
all
1,097
1,097Pacific ocean perch
BS
all
10
11Eastern AI
all
100
115Central AI
all
4
5Western AI
all
30
34Northern rockfish
BSAI
all
33
33Shortraker rockfish
BSAI
all
7
7Rougheye rockfish
EBS/EAI
all
4
4CAI/WAI
all
4
5Other rockfish 3
BS
all
15
15AI
all
15
15Squids
BSAI
all
8
8Skates
BSAI
all
198
198Sharks
BSAI
all
2
2Octopuses
BSAI
all
7
7Sculpins
BSAI
all
42
421
                         Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.2
                         “Other flatfish” includes all flatfish species, except for halibut, flathead sole, Greenland turbot, rock sole, yellowfin sole, Kamchatka flounder, and arrowtooth flounder.
                        ( print page 10687)3
                         “Other rockfish” includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, dark, shortraker, and rougheye rockfish.
 Table 16—Final 2012 and 2013 American Fisheries Act Catcher Vessel Sideboard Directed Fishing Closures 1
[Amounts are in metric tons]
Species
Area
Gear types
2012 sideboard limit
2013 sideboard limitPacific cod
BSAI
hook-and-line
0
0BSAI
pot
12
12BSAI
CV< 60 feet LOA
3
3BSAI
jig
0
0Sablefish
BS
trawl
86
85AI
trawl
28
28Atka mackerel
Eastern AI/BS
all
110
90Central AI
all
0
0Western AI
all
0
0Greenland turbot
BS
all
342
330AI
all
42
35Arrowtooth flounder
BSAI
all
1,466
1,466Kamchatka flounder
BSAI
all
1,038
1,038Alaska plaice
BSAI
all
900
900Other flatfish 2
BSAI
all
120
120Flathead sole
BSAI
all
1,539
1,539Rock sole
BSAI
all
2,649
2,649Pacific ocean perch
BS
all
485
556Eastern AI
all
39
44Central AI
all
11
13Western AI
all
0
0Northern rockfish
BSAI
all
39
39Shortraker rockfish
BSAI
all
1
1Rougheye rockfish
BS/EAI
all
1
1CAI/WAI
all
1
1Other rockfish 3
BS
all
2
2AI
all
5
5Squids
BSAI
all
138
138Skates
BSAI
all
1336
1339Sharks
BSAI
all
11
11Octopuses
BSAI
all
49
49Sculpins
BSAI
all
281
2811
                         Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.2
                         “Other flatfish” includes all flatfish species, except for halibut, flathead sole, Greenland turbot, rock sole, yellowfin sole, Kamchatka flounder, and arrowtooth flounder.3
                         “Other rockfish” includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, dark, shortraker, and rougheye rockfish.
 Response to Comments NMFS received one comment from the Western Alaska Community Development Association, which represents the six CDQ groups. *Comment:*
                     This comment states that the CDQ portion of a Kamchatka flounder fishery would be too small to support a viable fishery, and that it could also constrain other CDQ fisheries. Therefore, the CDQ groups request that NMFS does not allocate Kamchatka flounder to the CDQ groups for 2012 or 2013. *Response:*
                     In the proposed 2012 and 2013 harvest specifications NMFS requested comments about whether Kamchatka flounder was a directed fishery under section 305(i)(1)(B)(ii)(II) of the MSA. If it were, NMFS would allocate 10.7 percent of the Kamchatka flounder TAC to the CDQ program. NMFS specifically requested comments from the CDQ groups about the economic value of Kamchatka flounder and whether the CDQ groups intended to conduct directed fishing for Kamchatka flounder in the future. Based on the comment received, NMFS has determined that Kamchatka flounder is not a directed fishery of the BSAI under section 305(i)(1)(B)(ii)(II). Therefore, NMFS will not allocate Kamchatka flounder to the CDQ Program in the final 2012 and 2013 harvest specifications. However, NMFS will consider allocating Kamchatka flounder to the CDQ program if information is presented in future harvest specifications that the status of Kamchatka flounder as a directed fishery of the BSAI has changed. Classification NMFS has determined that these final harvest specifications are consistent with the FMP and 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 Orders 12866 and 13563. NMFS prepared an EIS for this action (see 
                    **ADDRESSES**
                    ) and made it available to the public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS issued the Record of Decision (ROD) for the EIS. In January 2012, NMFS prepared a Supplemental Information Report (SIR) for this action. Copies of the EIS, ROD, and SIR for this action are available from NMFS (see 
                    **ADDRESSES**
                    ). The EIS analyzes the environmental consequences of the groundfish harvest specifications and alternative harvest strategies on resources in the action area. The EIS found no significant environmental consequences of this action and its alternatives. The SIR 
                    ( print page 10688)
                    evaluates the need to prepare a Supplemental EIS (SEIS) for the 2012 and 2013 groundfish harvest specifications. A SEIS should be prepared if (1) the agency makes substantial changes in the proposed action that are relevant to environmental concerns; or (2) significant new circumstances or information exist relevant to environmental concerns and bearing on the proposed action or its impacts (40 CFR 1502.9(c)(1)). After reviewing the information contained in the SIR and SAFE reports, the Regional Administrator has determined that (1) approval of the 2012 and 2013 harvest specifications, which were set according to the preferred harvest strategy in the EIS, do not constitute a change in the action; and (2) there are no significant new circumstances or information relevant to environmental concerns and bearing on the action or its impacts. Additionally, the 2012 and 2013 harvest specifications will result in environmental impacts within the scope of those analyzed and disclosed in the EIS. Therefore, supplemental National Environmental Protection Act documentation is not necessary to implement the 2012 and 2013 harvest specifications. Pursuant to section 604 of the Regulatory Flexibility Act, 5 U.S.C. 601, 
                    *et seq.,*
                     a FRFA was prepared for this action. The FRFA incorporates the IRFA, and includes a summary of the significant issues raised by public comments in response to the IRFA, and NMFS' responses to those comments, and a summary of the analyses completed to support the action. A copy of the FRFA prepared for this final rule is available from NMFS (see 
                    **ADDRESSES**
                    ). A description of this action, its purpose, and its legal basis are contained at the beginning of the preamble to this final rule and are not repeated here. NMFS published the proposed rule on December 27, 2011 (76 FR 80782). The rule was accompanied by an Initial Regulatory Flexibility Analysis (IRFA), which was summarized in the proposed rule. The comment period closed on January 26, 2012. No comments were received on the IRFA. The entities directly regulated by this action are those that receive allocations of groundfish in the EEZ of the BSAI, and in parallel fisheries within State of Alaska waters, during the annual harvest specifications process. These directly regulated entities include the groundfish CVs and C/Ps active in these areas. Direct allocations of groundfish are also made to certain organizations, including the CDQ groups, American Fisheries Act (AFA) C/P and inshore CV sectors, Aleut Corporation, and Amendment 80 cooperatives. These entities are, therefore, also considered directly regulated. In 2009, there were 191 individual catcher vessels with total gross revenues less than or equal to $4 million. Many of these vessels are members in AFA inshore pollock cooperatives. Vessels that participate in these cooperatives are considered to be large entities within the meaning of the RFA. After accounting for membership in these cooperatives, there are an estimated 103 small CVs remaining in the BSAI. In 2009, 18 C/Ps grossed less than $4 million. Some of these vessels were affiliated through ownership by the same business firm. NMFS estimates that these vessels were owned by 11 separate firms. By 2011, the vessels in this group were also affiliated through membership in two cooperatives (the Amendment 80 “Best Use” cooperative, or the Freezer Longline Conservation Cooperative). Applying the 2011 firm and cooperative affiliations to these vessels, NMFS estimates that these 18 vessels currently represent two small entities. Through the CDQ program, the Council and NMFS allocate a portion of the BSAI groundfish TACs, and prohibited species halibut and crab PSC limits, to 65 eligible Western Alaska communities. These communities work through six non-profit CDQ groups, and are required to use the proceeds from the CDQ allocations to start or support activities that will result in ongoing, regionally based, commercial fishery or related businesses. The CDQ groups receive allocations through the harvest specifications process, and are directly regulated by this action, but the 65 communities are not directly regulated. Because they are nonprofit entities, the CDQ groups are considered small entities for RFA purposes. The AFA and Amendment 80 fisheries cooperatives are directly regulated because they receive allocations of TAC through the harvest specifications process. However, the Freezer Longline Conservation Cooperative (FLCC), a voluntary private cooperative which became fully effective in 2010, is not considered to be directly regulated. The FLCC runs a catch share program among its members, but it does not, itself, receive an allocation under the harvest specifications. NMFS allocates TAC to the freezer longline sector, and the cooperative members voluntarily allocate this TAC among themselves via the FLCC. The AFA and Amendment 80 cooperatives are large entities, since they are affiliated with firms with joint revenues over $4 million. The Aleut Corporation is an Alaska Native Corporation that receives an allocation of pollock in the Aleutian Islands. The Aleut Corporation is a holding company and evaluated according to the SBA criteria at 13 CFR 121.201, using a $6 million gross annual receipts threshold for “Offices of Other Holding Companies.” Aleut Corporation revenues are believed to exceed this threshold, and the Aleut Corporation is considered to be a large entity. This determination follows the analysis in the RFA certification for BSAI FMP Amendment 82. (NMFS-AKR 2005: 413). This action does not modify recordkeeping or reporting requirements. The significant alternatives were those considered as alternative harvest strategies when the Council selected its preferred harvest strategy in December 2006. These included the following: Alternative 1: Set TACs to produce fishing mortality rates,*F,*
                     that are equal to 
                    *maxFABC,*
                     unless the sum of the TACs is constrained by the OY established in the FMPs. This is equivalent to setting TACs to produce harvest levels equal to the maximum permissible ABCs, as constrained by OY. The term “
                    *maxFABC*
                    ” refers to the maximum permissible value of 
                    *FABC*
                     under Amendment 56 to the groundfish FMPs. Historically, the TAC has been set at or below the ABC, therefore, this alternative represents a likely upper limit for setting the TAC within the OY and ABC limits.
                Alternative 3: For species in Tiers 1, 2, and 3, set TAC to produce F equal to the most recent 5-year average actual*F.*
                     For species in Tiers 4, 5, and 6, set TAC equal to the most recent 5-year average actual catch. For stocks with a high level of scientific information, TACs would be set to produce harvest levels equal to the most recent five year average actual fishing mortality rates. For stocks with insufficient scientific information, TACs would be set equal to the most recent five year average actual catch. This alternative recognizes that for some stocks, catches may fall well below ABCs, and recent average F may provide a better indicator of actual 
                    *F*
                     than 
                    *FABC*
                     does.
                Alternative 4: (1) Set TACs for rockfish species in Tier 3 at F75%. Set TACs for rockfish species in Tier 5 at F=0.5M. Set spatially explicit TACs for shortraker and rougheye rockfish in the BSAI. (2) Taking the rockfish TACs as calculated above, reduce all other TACs by a proportion that does not vary across species, so that the sum of all( print page 10689)
                    TACs, including rockfish TACs, is equal to the lower bound of the area OY (1,400,000 mt in the BSAI). This alternative sets conservative and spatially explicit TACs for rockfish species that are long-lived and late to mature and sets conservative TACs for the other groundfish species.
                Alternative 5: Set TACs at zero. Alternative 2 is the preferred alternative chosen by the Council: Set TACs that fall within the range of ABCs recommended through the Council harvest specifications process and TACs recommended by the Council. Under this scenario, 
                    *F*
                     is set equal to a constant fraction of 
                    *maxFABC.*
                     The recommended fractions of 
                    *maxFABC*
                     may vary among species or stocks, based on other considerations unique to each. This is the method for determining TACs that has been used in the past. Alternatives 1, 3, 4, and 5 do not both meet the objectives of this action although they have a smaller adverse economic impact on small entities than the preferred alternative. The Council rejected these alternatives as harvest strategies in 2006, and the Secretary did so in 2007. Alternative 1 would lead to TACs whose sum exceeds the fishery OY, which is set out in statute and the FMP. As shown in Table 1, the sum of ABCs in 2012 and 2013 would be 2,511,778 and 2,639,792 million mt. Both of these are substantially in excess of the fishery OY for the BSAI. This would be inconsistent with the objectives of this action, in that it would violate the Consolidated Appropriations Act of 2004, Pub. L. No. 108-199, Sec. 803(c), and the FMP for the BSAI groundfish fishery, which both set a 2,000,000 mt maximum harvest for BSAI groundfish. Alternative 3 selects harvest rates based on the most recent five years' worth of harvest rates (for species in Tiers 1 through 3) or for the most recent five years' worth of harvests (for species in Tiers 4 through 6). This alternative is also inconsistent with the objectives of this action, because it does not take account of the most recent biological information for this fishery. Alternative 4 would lead to significantly lower harvests of all species to reduce TACs from the upper end of the OY range in the BSAI, to its lower end. This would lead to significant reductions in harvests of species by small entities. While reductions of this size could be associated with offsetting price increases, the size of these increases is very uncertain, and there can be no confidence that they would be sufficient to offset the volume decreases and leave revenues unchanged. Thus, this action would have an adverse economic impact on small entities, compared to the preferred alternative. Alternative 5, which sets all harvests equal to zero, may also address conservation issues, but would have a significant adverse economic impact on small entities. Impacts on marine mammals resulting from fishing activities conducted under this rule are discussed in the EIS (see 
                    **ADDRESSES**
                    ). Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for Fisheries, NOAA, finds good cause to waive the 30-day delay in effectiveness for this rule, because delaying this rule is contrary to the public interest. Plan Team review occurred in November 2011, and Council consideration and recommendations occurred in December 2011. Accordingly, NMFS review could not begin until January 2012. If this rule's effectiveness is delayed, fisheries that might otherwise remain open under these rules may prematurely close based on the lower 2011 and 2012 harvest specifications (76 FR 11139, March 1, 2011). If implemented immediately, this rule would allow these fisheries to continue fishing without worrying about a potential closure, because the new TACs are higher than the ones under which they are currently fishing. Certain fisheries, such as those for pollock and Pacific cod are intensive, fast-paced fisheries. Other fisheries, such as those for flatfish, rockfish, octopuses, sculpins, sharks, skates, and squids, are critical as directed fisheries and as incidental catch in other fisheries. U.S. fishing vessels have demonstrated the capacity to catch the TAC allocations in these fisheries. Any delay in allocating the final TACs in these fisheries would cause confusion to the industry and potential economic harm through unnecessary discards. Determining which fisheries may close is impossible because these fisheries are affected by several factors that cannot be predicted in advance, including fishing effort, weather, movement of fishery stocks, and market price. Furthermore, the closure of one fishery has a cascading effect on other fisheries by freeing up fishing vessels, allowing them to move from closed fisheries to open ones, increasing the fishing capacity in those open fisheries and causing them to close at an accelerated pace. Additionally, in fisheries subject to declining sideboards, delaying this rule's effectiveness could allow some vessels inadvertently reach or exceed their new sideboard levels. Because sideboards are intended to protect traditional fisheries in other sectors, allowing one sector to exceed its new sideboards by delaying this rule's effectiveness would effectively reduce the available catch for non-sideboarded sectors. Thus, the delay is contrary to the public interest in protecting traditional fisheries. If the final harvest specifications are not effective by March 17, 2012, which is the start of the 2012 Pacific halibut season as specified by the IPHC, the hook-and-line sablefish fishery will not begin concurrently with the Pacific halibut IFQ season. Delayed effectiveness of this action would result in confusion for sablefish harvesters and economic harm from unnecessary discard of sablefish that are caught along with Pacific halibut, as both hook-and-line sablefish and Pacific halibut are managed under the same IFQ program. Immediate effectiveness of the final 2012 and 2013 harvest specifications will allow the sablefish IFQ fishery to begin concurrently with the Pacific halibut IFQ season. Also, the immediate effectiveness of this action is required to provide consistent management and conservation of fishery resources based on the best available scientific information. This is particularly true of those species which have lower 2012 ABCs and TACs than those established in the 2011 and 2012 harvest specifications (76 FR 11139, March 1, 2011). Immediate effectiveness also would give the fishing industry the earliest possible opportunity to plan and conduct its fishing operations with respect to new information about TAC limits. Therefore, NMFS finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3). Small Entity Compliance Guide This final rule is a plain language guide to assist small entities in complying with this final rule as required by the Small Business Regulatory Enforcement Fairness Act of 1996. This final rule's primary purpose is to announce the final 2012 and 2013 harvest specifications and prohibited species bycatch allowances for the groundfish fisheries of the BSAI. This action is necessary to establish harvest limits and associated management measures for groundfish during the 2012 and 2013 fishing years and to accomplish the goals and objectives of the FMP. This action affects all fishermen who participate in the BSAI fisheries. The specific amounts of OFL, ABC, TAC, and PSC are provided in tables to assist the reader. NMFS will announce closures of directed fishing in the 
                    **Federal Register**
                     and information bulletins released by the Alaska Region. Affected fishermen should keep themselves informed of such closures. ( print page 10690)
                    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: February 15, 2012. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.


[FR Doc. 2012-4106 Filed 2-22-12; 8:45 am] BILLING CODE 3510-22-P