Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Proposed Rules 72571 

landings do not exceed the recreational 

ACL in the following fishing year. * * * 

* * * * * 

(t) * * * 

(1) * * * 

(i) If commercial landings for Atlantic 

spadefish, as estimated by the SRD, 

reach or are projected to reach the 

commercial ACL of 150,552 lb (68,289 

kg), round weight, the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

sector for the remainder of the fishing 

year. * * * 

* * * * * 

(2) Recreational sector. If recreational 

landings for Atlantic spadefish, as 

estimated by the SRD, exceed the 

recreational ACL of 661,926 lb (300,245 

kg), round weight, then during the 

following fishing year, recreational 

landings will be monitored for a 

persistence in increased landings and, if 

necessary, the AA will file a notification 

with the Office of the Federal Register, 

to reduce the length of the following 

recreational fishing season by the 

amount necessary to ensure recreational 

landings do not exceed the recreational 

ACL in the following fishing year. * * * 

* * * * * 

(x) Grunts complex (including white 

grunt, sailor’s choice, tomtate, and 

margate)—(1) Commercial sector. (i) If 

commercial landings for the grunts 

complex, as estimated by the SRD, reach 

or are projected to reach the commercial 

complex ACL of 217,903 lb (98,839 kg), 

round weight, the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

sector for this complex for the 

remainder of the fishing year. On and 

after the effective date of such a 

notification, all sale or purchase of the 

grunts complex, is prohibited, and 

harvest or possession of these species in 

or from the South Atlantic EEZ is 

limited to the bag and possession limit. 

This bag and possession limit applies in 

the South Atlantic on board a vessel for 

which a valid Federal commercial or 

charter vessel/headboat permit for 

South Atlantic snapper-grouper has 

been issued, without regard to where 

such species were harvested, i.e., in 

state or Federal waters. 

(ii) If the combined commercial 

landings for the grunts complex exceed 

the ACL, and at least one of the species 

in the complex is overfished, based on 

the most recent Status of U.S. Fisheries 

Report to Congress, the AA will file a 

notification with the Office of the 

Federal Register, at or near the 

beginning of the following fishing year 

to reduce the ACL for that following 

year by the amount of the overage in the 

prior fishing year. 

(2) Recreational sector. If recreational 

landings for the grunts complex, as 

estimated by the SRD, exceed the 

recreational ACL of 618,122 lb (280,375 

kg), round weight, then during the 

following fishing year, recreational 

landings will be monitored for a 

persistence in increased landings and, if 

necessary, the AA will file a notification 

with the Office of the Federal Register, 

to reduce the length of the following 

recreational fishing season for the grunts 

complex by the amount necessary to 

ensure recreational landings do not 

exceed the recreational ACL in the 

following fishing year. However, the 

length of the recreational season will 

not be reduced during the following 

fishing year if the RA determines, using 

the best scientific information available, 

that a reduction in the length of the 

following fishing season is unnecessary. 

* * * * * 

[FR Doc. 2014–28626 Filed 12–5–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 141021887–4887–01] 

RIN 0648–XD587 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands; 2015 and 2016 

Harvest Specifications for Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes 2015 and 

2016 harvest specifications, 

apportionments, and prohibited species 

catch allowances for the groundfish 

fisheries of the Bering Sea and Aleutian 

Islands (BSAI) management area. This 

action is necessary to establish harvest 

limits for groundfish during the 2015 

and 2016 fishing years, and to 

accomplish the goals and objectives of 

the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area. The 

intended effect of this action is to 

conserve and manage the groundfish 

resources in the BSAI in accordance 

with the Magnuson-Stevens Fishery 

Conservation and Management Act. 

DATES: Comments must be received by 

January 7, 2015. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2014–0134, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0134, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

Electronic copies of the Alaska 

Groundfish Harvest Specifications Final 

Environmental Impact Statement (Final 

EIS), Record of Decision (ROD), 

Supplementary Information Report 

(SIR), and the Initial Regulatory 

Flexibility Analysis (IRFA) prepared for 

this action may be obtained from http:// 

www.regulations.gov or from the Alaska 

Region Web site at http://

alaskafisheries.noaa.gov. The final 2013 

Stock Assessment and Fishery 

Evaluation (SAFE) report for the 

groundfish resources of the BSAI, dated 

November 2013, is available from the 

North Pacific Fishery Management 

Council (Council) at 605 West 4th 

Avenue, Suite 306, Anchorage, AK 

99501–2252, phone 907–271–2809, or 

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

alaskafisheries.noaa.gov/npfmc. The 

draft 2014 SAFE report for the BSAI will 

be available from the same sources in 

November 2014. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at 50 CFR part 679 

implement the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) and govern the groundfish 

fisheries in the BSAI. The Council 

prepared the FMP and NMFS approved 


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it under the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). General 

regulations governing U.S. fisheries also 

appear at 50 CFR part 600. 

The FMP and its implementing 

regulations require NMFS, after 

consultation with the Council, to 

specify annually the total allowable 

catch (TAC) for each target species 

category. The sum 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)). Section 679.20(c)(1) 

further requires NMFS to publish 

proposed harvest specifications in the 

Federal Register and solicit public 

comments on proposed annual TACs 

and apportionments thereof, prohibited 

species catch (PSC) allowances, 

prohibited species quota (PSQ) reserves 

established by § 679.21, seasonal 

allowances of pollock, Pacific cod, and 

Atka mackerel TAC, American Fisheries 

Act allocations, Amendment 80 

allocations, and Community 

Development Quota (CDQ) reserve 

amounts established by 

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

specifications set forth in Tables 1 

through 17 of this action satisfy these 

requirements. 

Under § 679.20(c)(3), NMFS will 

publish the final harvest specifications 

for 2014 and 2015 after (1) considering 

comments received within the comment 

period (see DATES), (2) consulting with 

the Council at its December 2014 

meeting, and (3) considering 

information presented in the SIR that 

assesses the need to prepare a 

Supplemental EIS (see ADDRESSES) and 

the final 2014 SAFE reports prepared for 

the 2015 and 2016 groundfish fisheries. 

Other Actions Affecting the 2015 and 

2016 Harvest Specifications 

On September 23, 2014 (79 FR 56671), 

NMFS published the final rule to 

implement Amendment 105 to the FMP, 

which creates acceptable biological 

catch (ABC) surpluses for three flatfish 

species: flathead sole, rock sole, and 

yellowfin sole. From these ABC 

surpluses, ABC reserves are derived for 

each CDQ group and each Amendment 

80 cooperative. These ABC surpluses 

and ABC reserves are listed in Table 7 

of this proposed rule. Each CDQ group 

and each Amendment 80 cooperative 

will be able to exchange allocations 

between the three flatfish species during 

each fishing year, as long as they do not 

exceed any of their ABC reserves. This 

action is necessary to mitigate the 

operational variability, environmental 

conditions, and economic factors that 

may constrain the CDQ groups and 

Amendment 80 cooperatives from 

achieving, on a continuing basis, the 

optimum yield in the BSAI groundfish 

fisheries. 

NMFS published a proposed rule on 

July 1, 2014 (79 FR 37486), to 

implement Steller sea lion protection 

measures in the BSAI. NMFS is 

currently drafting final regulations for 

this action. These regulations are 

intended to insure that the western 

distinct population segment of Steller 

sea lions’ continued existence is not 

jeopardized or its critical habitat is not 

destroyed or adversely modified. These 

regulations will alter areas open for 

directed fishing in the Aleutian Islands 

subarea of the BSAI. They also will alter 

the harvest limitation proposed in these 

harvest specifications for Atka mackerel, 

Pacific cod, and pollock primarily in the 

Aleutian Islands subarea of the BSAI. 

The Board of Fisheries (BOF) for the 

State of Alaska (State) established a 

guideline harvest level (GHL) in State 

waters between 164 and 167 degrees 

west longitude in the Bering Sea subarea 

equal to 3 percent of the Pacific cod 

ABC for the BSAI. The action by the 

State does not require a downward 

adjustment of the proposed 2015 and 

2016 Bering Sea subarea Pacific cod 

TAC because the combined TAC and 

GHL (260,325 mt) are less than the 

proposed ABC of 272,000 mt. 

The BOF for the State established a 

GHL in State waters in the Aleutian 

Islands subarea equal to 3 percent of the 

Pacific cod ABC for the BSAI. The 

action by the State does not require a 

downward adjustment of the proposed 

Aleutian Islands subarea Pacific cod 

TAC because the combined TAC and 

GHL (15,100 mt) equal the proposed 

ABC of 15,100 mt. 

Accordingly, the Council will need to 

consider these GHLs when 

recommending the final 2015 and 2016 

BSAI TACs. The Council is expected to 

set the final Bering Sea subarea and 

Aleutian Islands subarea Pacific cod 

TACs less than the ABCs by amounts 

that account for these 2015 and 2016 

GHLs. In addition, the Council’s BSAI 

Groundfish Plan Team (Plan Team) is 

reviewing the stock structure of BSAI 

groundfish and may recommend 

allocating current overfishing levels 

(OFLs) or ABCs by subareas or reporting 

areas. 

Proposed ABC and TAC Harvest 

Specifications 

At the October 2014 Council meeting, 

the Scientific and Statistical Committee 

(SSC), Advisory Panel (AP), and Council 

reviewed the most recent biological and 

harvest information on the condition of 

the BSAI groundfish stocks. The Plan 

Team compiled and presented this 

information, which was initially 

compiled by the Plan Team and 

presented in the final 2013 SAFE report 

for the BSAI groundfish fisheries, dated 

November 2013 (see ADDRESSES). The 

amounts proposed for the 2015 and 

2016 harvest specifications are based on 

the 2013 SAFE report, and are subject to 

change in the final harvest 

specifications to be published by NMFS 

following the Council’s December 2014 

meeting. In November 2014, the Plan 

Team will update the 2013 SAFE report 

to include new information collected 

during 2014, such as NMFS stock 

surveys, revised stock assessments, and 

catch data. At its December 2014 

meeting, the Council will consider 

information contained in the final 2014 

SAFE report, recommendations from the 

November 2014 Plan Team meeting, 

public testimony from the December 

2014 SSC and AP meetings, and 

relevant written comments in making its 

recommendations for the final 2015 and 

2016 harvest specifications. 

In previous years, the OFLs and ABCs 

that have had the most significant 

changes (relative to the amount of 

assessed tonnage of fish) from the 

proposed to the final harvest 

specifications have been for OFLs and 

ABCs that are based on the most recent 

NMFS stock surveys, which provide 

updated estimates of stock biomass and 

spatial distribution, and changes to the 

models used in the stock assessments. 

These changes are recommended by the 

Plan Team in November 2014 and are 

included in the final 2014 SAFE report. 

The final 2014 SAFE report includes the 

most recent information, such as 2014 

catch. The final harvest specification 

amounts for these stocks are not 

expected to vary greatly from the 

proposed specification amounts 

published here. 

If the final 2014 SAFE report indicates 

that the stock biomass trend is 

increasing for a species, then the final 

2015 and 2016 harvest specifications 

may reflect that increase from the 

proposed harvest specifications. 

Conversely, if the final 2014 SAFE 

report indicates that the stock biomass 

trend is decreasing for a species, then 

the final 2015 and 2016 harvest 

specifications may reflect a decrease 

from the proposed harvest 

specifications. In addition to changes 

driven by biomass trends, there may be 

changes in TACs due to the sum of 

ABCs exceeding 2 million mt. Since the 

FMP requires TACs to be set to an OY 

between 1.4 and 2 million mt, the 

Council may be required to recommend 

TACs that are lower than the ABCs 

recommended by the Plan Team, if 


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setting TACs equal to ABCs would 

cause TACs to exceed an OY of 2 

million mt. Generally, ABCs greatly 

exceed 2 million mt in years with a 

large pollock biomass. NMFS 

anticipates that, both for 2015 and 2016, 

the sum of the ABCs will exceed 2 

million mt. NMFS expects that the final 

total TAC for the BSAI for both 2015 

and 2016 will equal 2 million mt. 

The proposed ABCs and TACs are 

based on the best available biological 

and socioeconomic data, including 

projected biomass trends, information 

on assumed distribution of stock 

biomass, and revised methods used to 

calculate stock biomass. The FMP 

specifies a series of six tiers to define 

OFLs and ABCs based on the level of 

reliable information available to fishery 

scientists. Tier one represents the 

highest level of information quality 

available while tier six represents the 

lowest. 

In October 2014, the SSC adopted the 

proposed 2015 and 2016 OFLs and 

ABCs recommended by the Plan Team 

for all groundfish species. The Council 

adopted the SSC’s OFL and ABC 

recommendations. These amounts are 

unchanged from the final 2015 harvest 

specifications published in the Federal 

Register on March 4, 2014 (79 FR 

12108). The Council adopted the AP’s 

TAC recommendations. For 2015 and 

2016, the Council recommended and 

NMFS proposes the OFLs, ABCs, and 

TACs listed in Table 1. The proposed 

ABCs reflect harvest amounts that are 

less than the specified OFLs. The sum 

of the proposed 2015 and 2016 ABCs for 

all assessed groundfish is 2,472,832 mt, 

which is the same as the final 2015 ABC 

total in the final 2014 and 2015 BSAI 

groundfish harvest specifications (79 FR 

12108, March 4, 2014). 

Specification and Apportionment of 

TAC Amounts 

The Council recommended proposed 

TACs for 2015 and 2016 that are equal 

to proposed ABCs for Bering Sea 

pollock, sablefish, Greenland turbot, 

Kamchatka flounder, Pacific ocean 

perch, shortraker rockfish, rougheye 

rockfish, Aleutian Islands (AI) ‘‘other 

rockfish,’’ and Eastern AI/Bering Sea 

Atka mackerel. The Council 

recommended proposed TACs for 2015 

and 2016 that are less than the proposed 

ABCs for Aleutian Island pollock, 

Bogoslof pollock, Pacific cod, yellowfin 

sole, arrowtooth flounder, rock sole, 

flathead sole, Alaska plaice, ‘‘other 

flatfish,’’ northern rockfish, Bering Sea 

‘‘other rockfish,’’ Western and Central 

AI Atka mackerel, skates, sculpins, 

sharks, squids, and octopuses. 

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

the AI pollock TAC to be set at 19,000 

mt when the AI pollock ABC equals or 

exceeds 19,000 mt. The Bogoslof 

pollock TAC is set to accommodate 

incidental catch amounts. TACs are set 

so that the sum of the overall TAC does 

not exceed the BSAI OY. 

The proposed groundfish OFLs, 

ABCs, and TACs are subject to change 

pending the completion of the final 

2014 SAFE report and the Council’s 

recommendations for final 2015 and 

2016 harvest specifications during its 

December 2014 meeting. These 

proposed amounts are consistent with 

the biological condition of groundfish 

stocks as described in the 2013 SAFE 

report, and are adjusted for other 

biological and socioeconomic 

considerations. Pursuant to Section 

3.2.3.4.1 of the FMP, the Council could 

recommend adjusting the TACs if 

‘‘warranted on the basis of bycatch 

considerations, management 

uncertainty, or socioeconomic 

considerations, or if required in order to 

cause the sum of the TACs to fall within 

the OY range.’’ Table 1 lists the 

proposed 2015 and 2016 OFL, ABC, 

TAC, initial TAC (ITAC), and CDQ 

amounts for groundfish for the BSAI. 

The proposed apportionment of TAC 

amounts among fisheries and seasons is 

discussed below. 

BILLING CODE 3510–22–P 


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TABLE l- PROPOSED 2015 AND 2016 OVERFISHING LEVEL (OFL), ACCEPTABLE 

BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), 

AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI1 

[Amounts are in metric tons] 

Species Area Proposed 2015 and 2016 

OFL ABC TAC ITAC2 CDQo,4,o 

Pollock BS 2,693,000 1,258,000 1,258,000 l,l32,200 125,800 

AI 47,713 39,412 19,000 17,100 1,900 

Bogoslof 13,413 10,059 75 75 0 

Pacific cod BS 319,000 272,000 251,712 224,779 26,933 

AI 20,100 15,100 6,487 5,793 694 

Sable fish BS 1,432 1,210 1,210 514 45 

AI 1,936 1,636 1,636 348 31 

Y ellowfin sole BSAI 268,900 248,300 187,000 166,991 20,009 

Green land turbot BSAI 3,864 3,173 3,173 2,697 0 

BS n/a 2,478 2,478 2,106 265 

AI n/a 695 695 591 0 

Arrowtooth flounder BSAI 125,025 106,089 25,000 21,250 2,675 

Kamchatka flounder BSAI 8,500 7,300 7,300 6,205 0 

Northern rock sole" 

~ 190,100 85,000 75,905 9,095 

Flathead so1e7 64,127 25,129 2,689 

Alaska plaice 54,700 25,000 2 0 

Other flatfish8 0 12,400 3,000 2,550 0 

Pacific Ocean perch BSAI 37,817 31,641 31,641 27,940 2,600 

BS n/a 7,340 7,340 6,239 0 

EAI n/a 8,833 8,833 7,888 945 

CAl nla 6,299 6,299 5,625 674 

WAI n/a 9,169 9,169 8,188 981 

Northern rockfish BSAI 11,943 9,652 3,000 2,550 0 

Rougheye BSAI 580 478 478 406 0 

rockfish9 EBS/EAI n/a 201 201 171 0 

CAI/WAI n/a 277 277 235 0 

Shortraker rockfish BSAI 493 370 370 315 0 

Other rockfish 10 BSAI 1,550 1,163 873 742 0 

BS n/a 690 400 340 0 

AI n/a 473 473 402 0 

Atka mackerel BSAI 74,898 64,477 32,491 29,014 3,477 

EAI/BS n/a 21,769 21,769 19,440 2,329 

CAl u/a 20,685 9,722 8,682 1,040 

WAI n/a 22,023 1,000 893 107 

Skates BSAI 39,746 33,545 26,000 22,100 0 

Scu1pins BSAI 56,424 42,318 5,750 4,888 0 

Sharks BSAI 1,363 1,022 125 106 0 

Squids BSAI 2,624 1,970 325 276 0 

Octopuses BSAI 3,450 2,590 225 191 0 

TOTAL 4,107,104 2,472,832 2,000,000 1,788,625 196,213 

1 These amounts apply to the entire BSAI management area unless otherwise specified. With the 

exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS) 

subarea includes the Bogoslof District. 

2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and 

Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock 

sole, flathead sole, and Pacific cod), 15 percent of each TAC is put into a reserve. The IT AC for 

these species is the remainder of the TAC after the subtraction of these reserves. 
Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Proposed Rules 72575 

BILLING CODE 3510–22–C 

Groundfish Reserves and the Incidental 

Catch Allowance (ICA) for Pollock, 

Atka Mackerel, Flathead Sole, Rock 

Sole, Yellowfin Sole, and AI Pacific 

Ocean Perch 

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

to reserve 15 percent of the TAC for 

each target species category, except for 

pollock, hook-and-line or pot gear 

allocation of sablefish, and Amendment 

80 species, in a non-specified reserve. 

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

NMFS to allocate 20 percent of the 

hook-and-line or pot gear allocation of 

sablefish to the fixed gear sablefish CDQ 

reserve. Section 679.20(b)(1)(ii)(D) 

requires NMFS to allocate 7.5 percent of 

the trawl gear allocation of sablefish and 

10.7 percent of Bering Sea Greenland 

turbot and arrowtooth flounder to the 

respective CDQ reserves. Section 

679.20(b)(1)(ii)(C) requires NMFS to 

allocate 10.7 percent of the TACs for 

Atka mackerel, AI 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 allocation of 10 percent of 

the BSAI pollock TACs to the pollock 

CDQ directed fishing allowance (DFA). 

The entire Bogoslof District pollock 

TAC is allocated as an ICA (see 

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

the hook-and-line and pot gear sablefish 

CDQ reserve, the regulations do not 

further apportion the CDQ reserves by 

gear. 

Pursuant to § 679.20(a)(5)(i)(A)(1), 

NMFS proposes a pollock ICA of 45,288 

mt for the Bering Sea subarea pollock 

TAC after subtracting the 10 percent 

CDQ reserve. This allowance is based on 

NMFS’ examination of the pollock 

incidentally retained and discarded 

catch, including the incidental catch by 

CDQ vessels, in target fisheries other 

than pollock from 2000 through 2014. 

During this 15-year period, the pollock 

incidental catch ranged from a low of 

2.4 percent in 2006 to a high of 4.8 

percent in 2014, with a 15-year average 

of 3.2 percent. Pursuant to 

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

proposes a pollock ICA of 2,400 mt for 

the AI subarea 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 2014. During this 12-year 

period, the incidental catch of pollock 

ranged from a low of 5 percent in 2006 

to a high of 17 percent in 2013, with a 

12-year average of 8 percent. 

Pursuant to § 679.20(a)(8) and (10), 

NMFS proposes ICAs of 5,000 mt of 

flathead sole, 8,000 mt of rock sole, 

3,500 mt of yellowfin sole, 10 mt of 

Western Aleutian District Pacific ocean 

perch, 75 mt of Central Aleutian District 

Pacific ocean perch, 100 mt of Eastern 

Aleutian District Pacific ocean perch, 40 

mt for Western Aleutian District Atka 

mackerel, 75 mt for Central Aleutian 

District Atka mackerel, and 1,000 mt of 

Eastern Aleutian District and Bering Sea 

subarea Atka mackerel after subtracting 

the 10.7 percent CDQ reserve. These 

ICAs are based on NMFS’ examination 

of the average incidental retained and 


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discarded catch in other target fisheries 

from 2003 through 2014. 

The regulations do not designate the 

remainder of the non-specified reserve 

by species or species group. Any 

amount of the reserve may be 

apportioned to a target species that 

contributed to the non-specified reserve, 

provided that such apportionments do 

not result in overfishing (see 

§ 679.20(b)(1)(i)). 

Allocations of Pollock TAC Under the 

American Fisheries Act (AFA) 

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

Bering Sea pollock TAC be apportioned 

after subtracting 10 percent for the CDQ 

program and 4.0 percent for the ICA as 

a DFA as follows: 50 percent to the 

inshore sector, 40 percent to the 

catcher/processor sector, and 10 percent 

to the mothership sector. In the Bering 

Sea subarea, 40 percent of the DFA is 

allocated to the A season (January 20 to 

June 10) and 60 percent of the DFA is 

allocated to the B season (June 10 to 

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

AI directed pollock fishery allocation to 

the Aleut Corporation is the amount of 

pollock remaining in the AI subarea 

after subtracting 1,900 mt for the CDQ 

DFA (10 percent), and 2,400 mt for the 

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

AI subarea, the A season pollock TAC 

may equal up to 40 percent of the ABC, 

and the remainder of the pollock TAC 

is allocated to the B season. Table 2 lists 

these proposed 2015 and 2016 amounts. 

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

includes several specific requirements 

regarding Bering Sea subarea pollock 

allocations. First, 8.5 percent of the 

pollock allocated to the catcher/

processor sector will be available for 

harvest by AFA catcher vessels with 

catcher/processor sector endorsements, 

unless the Regional Administrator 

receives a cooperative contract entered 

into by listed AFA catcher/processors 

and all AFA catcher vessels with 

catcher/processor sector endorsements, 

and the Regional Administrator 

determines the contract provides for the 

distribution of harvest among AFA 

catcher/processors and AFA catcher 

vessels in a manner agreed to by all 

members. Second, AFA catcher/

processors not listed in the AFA are 

limited to harvesting not more than 0.5 

percent of the pollock allocated to the 

catcher/processor sector. Table 2 lists 

the proposed 2015 and 2016 allocations 

of pollock TAC. Tables 14 through 17 

list the AFA catcher/processor and 

catcher vessel harvesting sideboard 

limits. In past years, the proposed 

harvest specifications included text and 

tables describing pollock allocations to 

the Bering Sea subarea inshore pollock 

cooperatives and open access sector. 

These allocations are based on the 

submission of AFA inshore cooperative 

applications due to NMFS on December 

1 of each calendar year. Because AFA 

inshore cooperative applications for 

2015 have not been submitted to NMFS, 

and NMFS therefore cannot calculate 

2015 allocations, NMFS has not 

included inshore cooperative text and 

tables in these proposed harvest 

specifications. NMFS will post 2015 

AFA inshore cooperative allocations on 

the Alaska Region Web site at http://

alaskafisheries.noaa.gov prior to the 

start of the fishing year on January 1, 

2015, based on the harvest 

specifications effective on that date. 

Table 2 also lists proposed seasonal 

apportionments of pollock and harvest 

limits within the Steller Sea Lion 

Conservation Area (SCA). The harvest of 

pollock within the SCA, as defined at 

§ 679.22(a)(7)(vii), is limited to no more 

than 28 percent of the DFA before 12:00 

noon, April 1, as provided in 

§ 679.20(a)(5)(i)(C). 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 2 lists these proposed 

2015 and 2016 amounts by sector. 

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BILLING CODE 3510–22–C 

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 nontrawl gear (Table 3). The percentage of 

the ITAC for Atka mackerel allocated to 

the Amendment 80 and BSAI trawl 

limited access sectors is listed in Table 

33 to part 679 and in § 679.91. Pursuant 

to § 679.20(a)(8)(i), up to 2 percent of 

the Eastern Aleutian District and Bering 

Sea subarea Atka mackerel ITAC may be 

allocated to jig gear. The percent of this 

allocation is recommended annually by 

the Council based on several criteria, 

including the anticipated harvest 

capacity of the jig gear fleet. The 

Council recommended, and NMFS 

proposes, a 0.5 percent allocation of the 

Atka mackerel ITAC in the Eastern 

Aleutian District and Bering Sea subarea 

to jig gear in 2015 and 2016. This 

percentage is applied to the TAC after 

subtracting the CDQ reserve and the 

ICA. Section 679.20(a)(8)(ii)(C)(3) limits 

the annual TAC for Area 542 to no more 

than 47 percent of the Area 542 ABC. 

Section 679.7(a)(19) prohibits retaining 

Atka mackerel in Area 543, and the 

proposed TAC is set to account for 

discards in other fisheries. 

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

the Atka mackerel TAC (including the 

CDQ reserve) into two equal seasonal 

allowances. Section 679.23(e)(3) sets the 

first seasonal allowance for directed 

fishing with trawl gear from January 20 

to June 10 (A season), and the second 

seasonal allowance from June 10 to 

November 1 (B season). Section 

679.23(e)(4)(iii) applies Atka mackerel 


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seasons to CDQ Atka mackerel fishing. 

The jig gear and ICA allocations are not 

apportioned by season. 

Sections 679.20(a)(8)(ii)(C)(1)(i) and 

(ii) require 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 

nautical miles (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. 

Two Amendment 80 cooperatives 

have formed for the 2015 fishing year. 

Because all Amendment 80 vessels are 

part of a cooperative, no allocation to 

the Amendment 80 limited access sector 

is required. NMFS will post 2015 

Amendment 80 cooperative allocations 

on the Alaska Region Web site at http:// 

alaskafisheries.noaa.gov prior to the 

start of the fishing year on January 1, 

2015, based on the harvest 

specifications effective on that date. 

Table 3 lists these 2015 and 2016 Atka 

mackerel season allowances, area 

allowances, and the sector allocations. 

The 2016 allocations for Amendment 80 

species 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, 2015. NMFS will post 2016 

Amendment 80 cooperatives and 

Amendment 80 limited access 

allocations on the Alaska Region Web 

site at http://alaskafisheries.noaa.gov 

prior to the start of the fishing year on 

January 1, 2016, based on the harvest 

specifications effective on that date. 

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BILLING CODE 3510–22–C 

Allocation of the Pacific Cod TAC 

The Council recommended and 

NMFS proposes separate BS subarea 

and AI subarea OFLs, ABCs, and TACs 

for Pacific cod. Section 

679.20(b)(1)(ii)(C) allocates 10.7 percent 

of the BS TAC and AI TAC to the CDQ 

program. After CDQ allocations have 

been deducted from the respective BS 

and AI Pacific cod TACs, the remaining 

BS and AI Pacific cod TACs will be 

combined for calculating further BSAI 

Pacific cod sector allocations. If the nonCDQ Pacific cod TAC is or will be 

reached in either the BS or AI subareas, 

NMFS will prohibit non-CDQ directed 


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TABLE 3-PROPOSED 2015 AND 2016 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 Season .J.4 Allocation by area 

Eastern Aleutian Central Aleutian Western Aleutian 

District/Bering Sea District District 

TAC n/a 21,769 9.722 1,000 

CDQ reserve Total 2,329 1.040 107 

A 1,165 520 54 

Critical habitats n/a 52 n/a 

B 1,165 520 54 

Critical habitat5 n/a 52 n/a 

lCA Total 1,000 75 40 

Jig6 Total 92 0 0 

BSAI trawl1imited access Total 1,835 861 0 

A 917 430 0 

B 917 430 0 

Amendment 807 Total 16,513 7,746 853 

Alaska Groundfish Total 9,581 4,619 499 

Cooperative for 2015 A 4,791 2,310 250 

Critical habitat5 n/a 231 n/a 

B 4,791 2,310 250 

Critical habitats n/a 231 n/a 

Alaska Seafood Cooperative Total 6,931 3,127 354 

for 2015 A 3,466 1,564 177 

Critical habitat' n/a 156 n/a 

B 3,466 1,564 177 

Critical habitat' n/a 156 n/a 

l Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, lCAs, 

and the jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of 

the IT AC 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)(l)(ii)(C) and 679.31). 2 Sections 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 I 0, 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 percent of ABC, 

and Atka mackerel harvests for Amendment 80 cooperatives and CDQ groups within waters 10 nm to 20 

nm ofGramp Rock and Tag Island, as described in 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 Bering Sea 

subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The amount of this 

allocation is 0.5 percent. The jig gear allocation is not apportioned by season. 7

The 2016 allocations for Amendment 80 species 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, 2015. 
72580 Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Proposed Rules 

fishing for Pacific cod in that subarea, 

as provided in § 679.20(d)(1)(iii). 

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

allocate the Pacific cod TAC in the 

combined BSAI TAC, after subtracting 

10.7 percent for the CDQ program, as 

follows: 1.4 percent to vessels using jig 

gear, 2.0 percent to hook-and-line and 

pot catcher vessels less than 60 ft (18.3 

m) length overall (LOA), 0.2 percent to 

hook-and-line catcher vessels greater 

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

percent to hook-and-line catcher/

processors, 8.4 percent to pot catcher 

vessels greater than or equal to 60 ft 

(18.3 m) LOA, 1.5 percent to pot 

catcher/processors, 2.3 percent to AFA 

trawl catcher/processors, 13.4 percent to 

non-AFA trawl catcher/processors, and 

22.1 percent to trawl catcher vessels. 

The BSAI ICA for the hook-and-line and 

pot sectors will be deducted from the 

aggregate portion of BSAI Pacific cod 

TAC allocated to the hook-and-line and 

pot sectors. For 2015 and 2016, the 

Regional Administrator proposes a BSAI 

ICA of 500 mt, based on anticipated 

incidental catch by these sectors in 

other fisheries. 

The allocation of the BSAI ITAC for 

Pacific cod to the Amendment 80 sector 

is established in Table 33 to part 679 

and § 679.91. Two Amendment 80 

cooperatives have formed for the 2015 

fishing year. Because all Amendment 80 

vessels are part of a cooperative, no 

allocation to the Amendment 80 limited 

access sector is required. NMFS will 

post 2015 Amendment 80 cooperative 

allocations on the Alaska Region Web 

site at http://alaskafisheries.noaa.gov 

prior to the start of the fishing year on 

January 1, 2015, based on the harvest 

specifications effective on that date. 

The 2016 allocations for Amendment 

80 species 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, 2015. NMFS will post 2016 

Amendment 80 cooperatives and 

Amendment 80 limited access 

allocations on the Alaska Region Web 

site at http://alaskafisheries.noaa.gov 

prior to the start of the fishing year on 

January 1, 2016, based on the harvest 

specifications effective on that date. 

The Pacific cod ITAC is apportioned 

into seasonal allowances to disperse the 

Pacific cod fisheries over the fishing 

year (see §§ 679.20(a)(7) and 

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

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

portion of a seasonal Pacific cod 

allowance will become available at the 

beginning of the next seasonal 

allowance. 

The CDQ and non-CDQ season 

allowances by gear based on the 

proposed 2015 and 2016 Pacific cod 

TACs are listed in Table 4 based on the 

sector allocation percentages of Pacific 

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

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

allowances of Pacific cod set forth at 

§ 679.23(e)(5). 

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TABLE 4-PROPOSED 2015 AND 2016 GEAR SHARES AND SEASONAL ALLOWANCES OF THE 

BSAI 1 PACIFIC COD TAC 

[Amounts are in metric tons] 

Sector Percent 2015 and 2016 2015 and2016 2015 and 2016 seasonal 

share of gear sector share of sector apportionment 

total total Season Amount 

Total Bering SeaTAC 251,712 n/a n/a n/a 

Bering Sea CDQ 26.933 n/a See §679.20(a)(7)(i)(B) n/a 

Bering Sea non-CDQ T AC 224,779 n/a n/a n/a 

Total Aleutian Islands T AC 6,487 n/a n/a n/a 

Aleutian Islands CDQ 694 n/a See §679.20(a)(7)(i)(B) n/a 

Aleutian Islands non-CDQ T AC 5,793 n/a n/a n/a 

Total BSAI non-CDQ TAC1 100 230,572 n/a n/a n/a 

Total hook-and-line/pot gear 60.8 140,188 n/a n/a n/a 

Hook-and-line/pot ICA2 n/a n/a 500 n/a n/a 

Hook-and-line/pot sub-total n/a !39,688 n/a n/a n/a 

Hook-and-line catcher/processors 48.7 n/a 111,888 Jan-1-Jun I 0 57,063 

Jun 10-Dec 31 54,825 

Hook-and-line catcher vessels::: 0.2 n/a 459 Jan 1-Jun 10 234 

60ft LOA Jun 10-Dec 31 225 

Pot catcher/processors 1.5 n/a 3,446 Jan 1-Jun 10 1,758 

Sept I-Dee 31 1,689 

Pot catcher vessels::: 60 ft LOA 8.4 n/a 19,299 Jan 1-Jun 10 9,842 

Sept-1-Dec 31 9,456 

Catcher vessels < 60 ft LOA using 2 n/a 4,595 n/a n/a 

hook-and-line or pot gear 

Trawl catcher vessels 22.1 50,956 n/a Jan 20-Apr 1 

Apr 1-Jun 10 5, 

Jun 10-Nov 1 

AFA trawl catcher/processors 2.3 5,303 n/a Jan 20-Apr I 

Apr 1-Jun 10 1,326 

Jun 10-Nov 1 0 

Amendment 80 13.4 30,897 n/a Jan20-Apr 1 23,172 

Apr 1-Jun 10 7,724 

Jun 10-Nov 1 0 

Alaska Groundfish Cooperative n/a 4,877 n/a Jan 20-Apr 1 3,658 

for 20143 

Apr 1-Jun 10 1,219 

Jun 10-Nov 1 0 

Alaska Seafood Cooperative for n/a 26,020 n/a Jan20- Apr I 19,515 

20143 

Apr 1-Jun 10 6,505 

Jun 10-Nov 1 0 

Jig 1.4 3,228 n/a Jan 1-Apr 30 1,937 

Apr 30-Aug 31 646 

Aug 31-Dec 31 646 

1 The gear shares and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS 

and AI Pacific cod T ACs. If the T AC for Pacific cod in either the AI or BS is reached, then directed 

fishing for Pacific cod in that subarea may be prohibited, even if a BSAI allowance remains. 

2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific 

cod T AC allocated to the hook-and-line and pot sectors. The Regional Administrator proposes an ICA of 

500 mt for 2015 and 2016 based on anticipated incidental catch in these fisheries. 

3

The 2016 allocations for Amendment 80 species 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, 2015. 
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Sablefish Gear Allocation 

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

require allocation of sablefish TACs for 

the BS and AI subareas between trawl 

gear and hook-and-line or pot gear. Gear 

allocations of the TACs for the Bering 

Sea subarea are 50 percent for trawl gear 

and 50 percent for hook-and-line or pot 

gear. Gear allocations for the AI subarea 

are 25 percent for trawl gear and 75 

percent for hook-and-line or pot gear. 

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

NMFS to apportion 20 percent of the 

hook-and-line and pot gear allocation of 

sablefish to the CDQ reserve. 

Additionally, § 679.20(b)(1)(ii)(D)(1) 

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. The harvest specifications 

for the hook-and-line gear and pot gear 

sablefish Individual Fishing Quota (IFQ) 

fisheries will be limited to the 2015 

fishing year to ensure those fisheries are 

conducted concurrently with the halibut 

IFQ fishery. Concurrent sablefish and 

halibut IFQ fisheries would reduce the 

potential for discards of halibut and 

sablefish in those fisheries. The 

sablefish IFQ fisheries would remain 

closed at the beginning of each fishing 

year until the final harvest 

specifications for the sablefish IFQ 

fisheries are in effect. Table 5 lists the 

proposed 2015 and 2016 gear 

allocations of the sablefish TAC and 

CDQ reserve amounts. 

BILLING CODE 3510–22–C 

Allocation of the Aleutian Islands 

Pacific Ocean Perch, and BSAI 

Flathead Sole, Rock Sole, and 

Yellowfin Sole TACs 

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

require that NMFS allocate AI Pacific 

ocean perch, and BSAI flathead sole, 

rock sole, and yellowfin sole TACs 

between the Amendment 80 and BSAI 

trawl limited access sectors, 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 Tables 33 and 34 

to part 679 and in § 679.91. 

Two Amendment 80 cooperatives 

have formed for the 2015 fishing year. 

Because all Amendment 80 vessels are 

part of a cooperative, no allocation to 

the Amendment 80 limited access sector 

is required. NMFS will post 2015 

Amendment 80 cooperative allocations 

on the Alaska Region Web site at http:// 

alaskafisheries.noaa.gov prior to the 

start of the fishing year on January 1, 

2015, based on the harvest 

specifications effective on that date. 

The 2016 allocations for Amendment 

80 species 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, 2015. NMFS will post 2016 

Amendment 80 cooperatives and 

Amendment 80 limited access 

allocations on the Alaska Region Web 

site at http://alaskafisheries.noaa.gov 

prior to the start of the fishing year on 

January 1, 2016, based on the harvest 

specifications effective on that date. 

Table 6 lists the proposed 2015 and 

2016 allocations of the AI Pacific ocean 

perch, and BSAI flathead sole, rock sole, 

and yellowfin sole TACs. 


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As discussed above under the section, 

Other Actions Affecting the 2015 and 

2016 Harvest Specifications, NMFS 

published the final rule to implement 

Amendment 105 to the FMP (79 FR 

56671, September 23, 2014). Section 

679.2 defines the ABC surplus for 

flathead sole, rock sole, and yellowfin 

sole as the difference between the 

annual ABC and TAC for each species. 

Section 679.20(b)(1)(iii) establishes ABC 

reserves for flathead sole, rock sole, and 

yellowfin sole. NMFS, after consultation 

with the Council, may set the ABC 

reserve at or below the ABC surplus for 

each species, thus maintaining the TAC 

below ABC limits. An amount equal to 

10.7 percent of the ABC reserves will be 

allocated as CDQ reserves for flathead 

sole, rock sole, and yellowfin sole. The 

Amendment 80 ABC reserves shall be 

the ABC reserves minus the CDQ ABC 

reserves. Section 679.91(i)(2) establishes 

each Amendment 80 cooperative ABC 

reserve to be the ratio of each 

cooperative’s quota share (QS) units and 

the total Amendment 80 QS units, 

multiplied by the Amendment 80 ABC 

reserve for each respective species. 

Table 7 lists the proposed 2015 and 

2016 ABC surplus and ABC reserves for 

BSAI flathead sole, rock sole, and 

yellowfin sole. 

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 2015 and 2016 BSAI 

halibut mortality limits are 3,675 mt for 

trawl fisheries, and 900 mt for the nontrawl fisheries. Sections 

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

allocate 326 mt of the trawl halibut 

mortality limit and 7.5 percent, or 67 

mt, of the non-trawl halibut mortality 

limit as the PSQ reserve for use by the 

groundfish CDQ program. 

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

apportionment of the non-trawl halibut 

PSC limit into PSC bycatch allowances 

among six fishery categories. Table 10 

lists the fishery bycatch allowances for 

the trawl fisheries, and Table 11 lists the 


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fishery bycatch allowances for the nontrawl fisheries. 

Pursuant to section 3.6 of the FMP, 

the Council recommends, and NMFS 

agrees, that certain specified non-trawl 

fisheries be exempt from the halibut 

PSC limit. As in past years after 

consultation with the Council, NMFS 

exempts pot gear, jig gear, and the 

sablefish IFQ hook-and-line gear fishery 

categories from halibut bycatch 

restrictions 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 2014, total groundfish catch for 

the pot gear fishery in the BSAI was 

29,397 mt, with an associated halibut 

bycatch mortality of 3 mt. 

The 2014 jig gear fishery harvested 

about 3 mt of groundfish. Most vessels 

in the jig gear fleet are exempt from 

observer coverage requirements. As a 

result, observer data are not available on 

halibut bycatch in the jig gear fishery. 

However, as mentioned above, NMFS 

estimates a negligible amount of halibut 

bycatch mortality because of the 

selective nature of jig gear and the low 

mortality rate of halibut caught with jig 

gear and released. 

Under § 679.21(f)(2), NMFS annually 

allocates portions of either 47,591 or 

60,000 Chinook salmon PSC among the 

AFA sectors, depending on past catch 

performance and on whether 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 2015, 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, 

allocations and reports at: http://

alaskafisheries.noaa.gov/

sustainablefisheries/bycatch/

default.htm. 

Section 679.21(e)(1)(viii) specifies 700 

fish as the 2015 and 2016 Chinook 

salmon PSC limit for the AI subarea 

pollock fishery. Section 

679.21(e)(3)(i)(A)(3)(i) allocates 7.5 

percent, or 53 Chinook salmon, as the 

AI subarea PSQ for the CDQ program 

and allocates the remaining 647 

Chinook salmon to the non-CDQ 

fisheries. 

Section 679.21(e)(1)(vii) specifies 

42,000 fish as the 2015 and 2016 nonChinook salmon PSC limit in the 

Catcher Vessel Operational Area 

(CVOA). Section 679.21(e)(3)(i)(A)(3)(ii) 

allocates 10.7 percent, or 4,494, nonChinook salmon in the CVOA 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. Due to the lack 

of new information as of October 2014 

regarding Zone 1 red king crab and 

BSAI herring PSC limits and 

apportionments, the Council 

recommended and NMFS proposes 

basing the crab and herring 2015 and 

2016 PSC limits and apportionments on 

the 2013 survey data. The Council will 

reconsider these amounts in December 

2014. Pursuant to § 679.21(e)(3)(i)(A)(1), 

10.7 percent of each PSC limit specified 

for crab is allocated as a PSQ reserve for 

use by the groundfish CDQ program. 

Based on 2013 survey data, the red 

king crab mature female abundance is 

estimated at 19.9 million red king crabs, 

and the effective spawning biomass is 

estimated at 49.3 million lbs (22,362 

mt). Based on the criteria set out at 

§ 679.21(e)(1)(i), the proposed 2015 and 

2016 PSC limit of red king crab in Zone 

1 for trawl gear is 97,000 animals. This 

limit derives from the mature female 

abundance estimate of more than 8.4 

million red king crab and the effective 

spawning biomass estimate of more than 

14.5 million lbs (6,577 mt), but less than 

55 million lbs (24,948 mt). 

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

establishes criteria under which NMFS 

must specify an annual red king crab 

bycatch limit for the Red King Crab 

Savings Subarea (RKCSS). The 

regulations limit the RKCSS to up to 25 

percent of the red king crab PSC 

allowance. NMFS proposes the 

Council’s recommendation that the red 

king crab bycatch limit be equal to 25 

percent of the red king crab PSC 

allowance within the RKCSS (Table 8). 

Based on 2013 survey data, Tanner crab 

(Chionoecetes bairdi) abundance is 

estimated at 946 million animals. 

Pursuant to criteria set out at 

§ 679.21(e)(1)(ii), the calculated 2015 

and 2016 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 derive from the C. bairdi crab 

abundance estimate being in excess of 

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 Bering Sea abundance 

index minus 150,000 crabs. Based on 

the 2013 survey estimate of 10.005 

billion animals, the calculated limit is 

11,185,892 animals. 

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

limit of Pacific herring caught while 

conducting any trawl operation for BSAI 

groundfish is 1 percent of the annual 

eastern Bering Sea herring biomass. The 

best estimate of 2015 and 2016 herring 

biomass is 217,153 mt. This amount was 

derived using 2013 survey data and an 

age-structured biomass projection model 

developed by the Alaska Department of 

Fish and Game. Therefore, the herring 

PSC limit proposed for 2015 and 2016 

is 2,172 mt for all trawl gear as listed in 

Tables 8 and 9. 

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

PSQ reserves to be subtracted from the 

total trawl PSC limits. The amount of 

the 2015 PSC limits assigned to the 

Amendment 80 and BSAI trawl limited 

access sectors are specified in Table 35 

to part 679. The resulting allocations of 

PSC to CDQ PSQ, the Amendment 80 

sector, and the BSAI trawl limited 

access sector are listed in Table 8. 

Pursuant to § 679.21(e)(1)(iv) and 

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

trawl PSC assigned to the Amendment 

80 sector is then further allocated to 

Amendment 80 cooperatives as PSC 

cooperative quota, as listed in Table 12. 

Two Amendment 80 cooperatives have 

formed for the 2015 fishing year. 

Because all Amendment 80 vessels are 

part of a cooperative, no allocation to 

the Amendment 80 limited access sector 

is required. NMFS will post 2015 

Amendment 80 cooperative allocations 

on the Alaska Region Web site at http:// 

alaskafisheries.noaa.gov prior to the 

start of the fishing year on January 1, 

2015, based on the harvest 

specifications effective on that date. 


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The 2016 PSC allocations 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, 2015. 

NMFS will post 2016 Amendment 80 

cooperatives and Amendment 80 

limited access allocations on the Alaska 

Region Web site at http://

alaskafisheries.noaa.gov prior to the 

start of the fishing year on January 1, 

2016, based on the harvest 

specifications effective on that date. 

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 to 

maximize the ability of the fleet to 

harvest the available groundfish TAC 

and to minimize bycatch. The factors 

considered are (1) seasonal distribution 

of prohibited species, (2) seasonal 

distribution of target groundfish species, 

(3) PSC bycatch needs on a seasonal 

basis relevant to prohibited species 

biomass, (4) expected variations in 

bycatch rates throughout the year, (5) 

expected start of fishing effort, and (6) 

economic effects of seasonal PSC 

apportionments on industry sectors. The 

Council recommended and NMFS 

proposes the seasonal PSC 

apportionments in Table 10 to maximize 

harvest among gear types, fisheries, and 

seasons while minimizing bycatch of 

PSC based on the above criteria. 

BILLING CODE 3510–22–P 


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TABLE 10-PROPOSED 2015 AND 2016 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR 

THE BSAI TRAWL LIMITED ACCESS SECTOR 

Prohibited species and area 1 

BSAI trawl limited access fisheries Red king crab C. opilio C. bairdi (animals) 

Halibut mortality (animals) (animals) 

(mt) BSAI Zone l COBLZ Zone l 

Y ellowfin sole 167 23.338 3,026,465 346.228 

Rock sole/flathead sole/other flatfish' 0 0 0 0 

Turbot/arrowtooth/sablefish3 0 0 0 0 

Rockfish April 15-December 31 5 0 5,000 0 

Pacific cod 453 2,954 129,000 60,000 

Pollock/ Atka mackerel/other species4 250 197 50,000 5,000 

Total BSAI trawl limited access PSC 875 26,489 3,210,465 411,228 

1 Refer to § 679.2 for definitions of areas. 2 "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. 3 "Arrowtooth flounder" for PSC monitoring includes Kamchatka flounder. 4 "Other species" for PSC monitoring includes sculpins, sharks, skates, and octopuses. 

TABLE 11-PROPOSED 2015 AND 2016 HALIBUT PROHIBITED SPECIES BYCATCH 

ALLOWANCES FOR NON-TRAWL FISHERIES 

Halibut mortality (mt) BSAJ 

Non-trawl fisheries Catcher/processor Catcher vessel 

Pacific cod-Total 760 

January !-June l 0 455 

June 1 0-August 15 190 

August 15-December 31 115 

Other non-trawl-Total 

May !-December 31 

Groundfish pot and jig 

Sablefish hook-and-line 

Total non-trawl PSC 

Zone2 

1 '185,500 

0 

0 

1,000 

50,000 

5,000 

1,241,500 

15 

10 

3 

2 

58 

58 

Exempt 

Exempt 

833 

TABLE 12-PROPOSED 2015 PROHIBITED SPECIES BYCATCH ALLOWANCE FOR THE BSAI 

AMENDMENT 80 COOPERATIVES 

Prohibited species and zones 1 

Cooperative Halibut mortality (mt) Red king crab (animals) ~- opilio (animals) C. bairdi (animals) 

BSAI Zone I COBLZ Zone 1 Zone2 

Alaska Groundfish 

Cooperative 632 12,459 1,545,561 96,980 161,899 

Alaska Seafood 

Cooperative 1,693 30,834 3,364,033 271,542 465,879 

1 Refer to § 679.2 for definitions of zones. 
Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Proposed Rules 72587 

BILLING CODE 3510–22–C 

Halibut Discard Mortality Rates (DMRs) 

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 proposes the halibut DMRs 

developed and recommended by the 

International Pacific Halibut 

Commission (IPHC) and the Council for 

the 2015 and 2016 BSAI groundfish 

fisheries for use in monitoring the 2015 

and 2016 halibut bycatch allowances 

(see Tables 8, 10, 11, and 12). The IPHC 

developed these DMRs for the 2013 to 

2015 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. A discussion 

of the DMRs and their justification is 

available from the Council (see 

ADDRESSES). Table 13 lists the 2015 and 

2016 DMRs. 

BILLING CODE 3510–22–P 


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Listed AFA Catcher/Processor 

Sideboard Limits 

Pursuant to § 679.64(a), the Regional 

Administrator is responsible for 

restricting the ability of listed AFA 

catcher/processors to engage in directed 

fishing for groundfish species other than 

pollock, to protect participants in other 

groundfish fisheries from adverse effects 

resulting from the AFA and from fishery 

cooperatives in the directed pollock 

fishery. These restrictions are set out as 

‘‘sideboard’’ limits on catch. The basis 

for these proposed sideboard limits is 

described in detail in the final rules 

implementing the major provisions of 

the AFA (67 FR 79692, December 30, 

2002) and Amendment 80 (72 FR 52668, 

September 14, 2007). Table 14 lists the 

proposed 2015 and 2016 catcher/

processor sideboard limits. 

All harvests of groundfish sideboard 

species by listed AFA catcher/

processors, whether as targeted catch or 

incidental catch, will be deducted from 

the sideboard limits in Table 14. 

However, groundfish sideboard species 

that are delivered to listed AFA catcher/ 

processors by catcher vessels will not be 

deducted from the 2015 and 2016 

sideboard limits for the listed AFA 

catcher/processors. 


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BILLING CODE 3510–22–C 

Section 679.64(a)(2) and Tables 40 

and 41 to part 679 establish a formula 

for calculating PSC sideboard limits for 

listed AFA catcher/processors. The 

basis for these sideboard limits is 

described in detail in the final rules 

implementing the major provisions of 

the AFA (67 FR 79692, December 30, 

2002) and Amendment 80 (72 FR 52668, 

September 14, 2007), and in the 

proposed rule (77 FR 72791, December 

6, 2012). 

PSC species listed in Table 15 that are 

caught by listed AFA catcher/processors 

participating in any groundfish fishery 

other than pollock will accrue against 

the proposed 2015 and 2016 PSC 

sideboard limits for the listed AFA 

catcher/processors. Section 

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

close directed fishing for groundfish 

other than pollock for listed AFA 

catcher/processors once a proposed 

2015 or 2016 PSC sideboard limit listed 

in Table 15 is reached. 

Crab or halibut PSC caught by listed 

AFA catcher/processors while fishing 

for pollock will accrue against the 

bycatch allowances annually specified 


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TABLE 14-PROPOSED 2015 AND 2016 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED 

AMERICAN FISHERIES ACT CATCHER/PROCESSORS (C/Ps) 

[Amounts are in metric tons] 

Target species Area 1995-1997 2015 and2016 2015 and 2016 

Retained Total IT AC available to AFAC/P 

catch catch Ratio of all trawl C/Ps 1 sideboard limit 

retained catch 

of total catch 

Sabletish trawl BS 8 497 0.016 514 8 

AI 0 145 0 348 0 

Greenland turbot BS 121 17,305 0.007 2,106 15 

AI 23 4,987 0.005 591 3 

Arrowtooth flounder BSAI 76 33,987 0.002 21,250 43 

Kamchatka flounder BSAI 76 33,987 0.002 6,205 12 

Rock sole BSAl 6,317 169,362 0.037 75,905 2,808 

Flathead sole BSAI 1,925 52,755 0.036 22,440 808 

Alaska plaice BSAl 14 9,438 0.001 21,250 21 

Other flatfish BSAI 3,058 52,298 0.058 2,550 148 

Pacific ocean perch BS 12 4,879 0.002 6,239 12 

Eastern AI 125 6,179 0.02 7,888 158 

Central AI 3 5,698 0.001 5,625 6 

WestemAI 54 13,598 0.004 8,188 33 

Northern rockfish BSAI 91 13,040 0.007 2,550 18 

Rougheye rockfish EBS/EAI 50 2,811 0.018 171 3 

CAJ/WAI 50 2,811 0.018 235 4 

Shortraker rockfish BSAI 50 2,811 0.018 315 6 

Other rockfish BS 18 621 0.029 340 10 

AI 22 806 0.027 402 11 

Atka mackerel Central AI 

A season' n/a n/a 0.115 4,341 499 

B season' n/a n/a 0.115 4,341 499 

Western AI 

A season2 n/a n/a 0.2 500 100 

B season2 n/a n/a 0.2 500 100 

Skates BSAl 553 68,672 0.008 22,100 177 

Sculpins BSAJ 553 68,672 0.008 4,888 39 

Sharks BSAI 553 68,672 0.008 106 1 

Squids BSAI 73 3,328 0.022 276 6 

Octopuses USA! 553 68,672 0.008 191 2 

1 Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and 

yellowfin sole are multiplied by the remainder of the T AC 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 AF A catcher/processors are limited to harvesting no more than 

zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual IT AC specified for 

the Western Aleutian District, and 11.5 percent of the annual IT AC specified for the Central Aleutian 

District. 

Note: Section 679 .64( a)(1 )(v) exempts AF A catcher/processors from a yellowfin sole sideboard limit 

because the 2015 and 2016 aggregate ITAC ofyellowfin sole assigned to the Amendment 80 sector and 

BSAI trawl limited access sector is greater than 125,000 mt. 
72590 Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Proposed Rules 

for either the midwater pollock or the 

pollock/Atka mackerel/‘‘other species’’ 

fishery categories, according to 

regulations at § 679.21(e)(3)(iv). 

AFA Catcher Vessel Sideboard Limits 

Pursuant to § 679.64(b), the Regional 

Administrator is responsible for 

restricting the ability of AFA catcher 

vessels to engage in directed fishing for 

groundfish species other than pollock, 

to protect participants in other 

groundfish fisheries from adverse effects 

resulting from the AFA and from fishery 

cooperatives in the directed pollock 

fishery. Section 679.64(b) establishes 

formulas for setting AFA catcher vessel 

groundfish and PSC sideboard limits for 

the BSAI. The basis for these sideboard 

limits is described in detail in the final 

rules implementing the major 

provisions of the AFA (67 FR 79692, 

December 30, 2002) and Amendment 80 

(72 FR 52668, September 14, 2007). 

Tables 16 and 17 list the proposed 2015 

and 2016 AFA catcher vessel sideboard 

limits. 

All catch of groundfish sideboard 

species made by non-exempt AFA 

catcher vessels, whether as targeted 

catch or as incidental catch, will be 

deducted from the 2015 and 2016 

sideboard limits listed in Table 16. 

BILLING CODE 3510–22–P 


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Halibut and crab PSC limits listed in 

Table 17 that are caught by AFA catcher 

vessels participating in any groundfish 

fishery other than pollock will accrue 

against the 2015 and 2016 PSC 

sideboard limits for the AFA catcher 


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TABLE 16-PROPOSED 2015 AND 2016 BSAI GROUNDFISH SIDEBOARD LIMITS FOR 

AMERICAN FISHERIES ACT CATCHER VESSELS (CVs) 

[Amounts are in metric tons] 

Species Fishery by area/gear/season Ratio of 1995-1997 2015 and2016 2015 and 2016 AFA 

AFA CV catch to 1995- initial TAC1 catcher vessel sideboard 

1997 TAC limits 

Pacific cod BSAI n/a n/a n/a 

Jig gear 0 3,228 0 

Hook-and-line CV n/a n/a n/a 

Jan 1-Jun 10 0.0006 234 0 

Jun 10-Dec 31 0.0006 225 0 

Pot gearCV nia n/a 

Jan l-Jun 10 0.0006 9,R42 6 

Sept I-Dee 31 0.0006 9,456 li 

CV< 60ft LOA using hookand-line or pot gear 0.0006 4,595 3 

Trawl gear CV n/a n/a n/a 

Jan 20-Apr 1 0.8609 37,708 32,463 

Apr 1-Jun 10 0.8609 5,605 4,825 

.Inn 10-'lov I 0.8609 7.643 6,580 

Sablefish BS trawl a-ear 0.0906 514 47 

AI trawl gear 0.0645 348 22 

Greenland turbot BS 0.0645 2,106 136 

AI 00205 591 12 

Arrowtooth flounder I3SAI 0.069 21,250 1,466 

Kamchatka flounder BSAI 0.069 6,205 428 

Rock sole BSAT 0.0341 75,905 2,588 

Flathead sole BS trawl gear 0.0505 22,440 1,133 

Alaska plaice BSAI 0.0441 21,250 937 

Other tlattish BSAI 00441 2,550 112 

Pacific ocean perch BS 0.1 6,239 624 

Eastern AI 0.0077 7,888 61 

Central AI 0.0025 5,625 14 

Western AI 0 8,188 0 

Northern rockfish BSAl o.oog4 2,550 21 

Rougheye rockfish EBSIEAI 0 0037 171 1 

CAI!WAI 0.0037 235 I 

Shortraker rockfish BSAI 0.0037 315 I 

Other rockfish BS 0.0048 340 2 

AI 0.0095 402 4 

Atka mackerel Eastern AI/BS n/a n/a n/a 

Jan 1-Jun 10 0.0032 9,720 31 

.fun 10-Nov I 0.0032 9,720 31 

Central AI n/a n/a nia 

Jan 1-Jun 10 0.0001 4,341 0 

Jun 10-Nov l 00001 4,341 0 

Western AI n/a nla nfa 

Jan l-Jun 10 0 500 0 

Jun 10-Nov I 0 500 0 

Skates BSAI 0.0541 22,100 1,196 

Sculpins BSAI 0.0541 4,888 264 

Sharks BSAI 0.0541 106 6 

Squids BSAI 0.3827 276 106 

Octopuses BSAI 0.0541 191 10 

Aleuttans Islands Pactfic ocean perch, Atka mackerel, flathead sole, rock sole, and yellowfin sole ate 

multiplied by the remainder of the TAC ofthat species after the subtraction of the CDQ reserve under§ 

679.20(b )(I )(ii)(C), 

1\'ote: Section 679.64(b )(6) exempts AF A catcher vessels from a yellowfin sole sideboard limit 

because the 2015 and 2016 aggregate IT AC ofyellowfin sole assigned to the Amendment 80 sector and 

BSAI trawl limited access sector is greater than 125,000 mt 
72592 Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Proposed Rules 

vessels. Sections 679.21(e)(7) and 

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

directed fishing for groundfish other 

than pollock for AFA catcher vessels 

once a proposed 2015 and 2016 PSC 

sideboard limit listed in Table 17 is 

reached. The PSC that is caught by AFA 

catcher vessels while fishing for pollock 

in the Bering Sea subarea will accrue 

against the bycatch allowances annually 

specified for either the midwater 

pollock or the pollock/Atka mackerel/

‘‘other species’’ fishery categories under 

regulations at § 679.21(e)(3)(iv). 

BILLING CODE 3510–22–C 

Classification 

NMFS has determined that the 

proposed harvest specifications are 

consistent with the FMP and 

preliminarily determined that the 

proposed harvest specifications are 

consistent with the Magnuson-Stevens 

Act and other applicable laws, subject to 

further review after public comment. 

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 

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 Final 

EIS. A Supplemental Information Report 

(SIR) that assesses the need to prepare 

a Supplemental EIS is being prepared 

for the final action. Copies of the Final 

EIS, ROD, and SIR for this action are 

available from NMFS (see ADDRESSES). 

The Final EIS analyzes the 

environmental consequences of the 

proposed groundfish harvest 

specifications and alternative harvest 

strategies on resources in the action 

area. The Final EIS found no significant 

environmental consequences from the 

proposed action or its alternatives. 

NMFS prepared an Initial Regulatory 

Flexibility Analysis (IRFA), as required 

by section 603 of the Regulatory 

Flexibility Act, analyzing the 

methodology for establishing the 

relevant TACs. The IRFA evaluates the 

impacts on small entities of alternative 

harvest strategies for the groundfish 

fisheries in the exclusive economic zone 

off Alaska. As set forth in the 

methodology, TACs are set to a level 

that fall within the range of ABCs 

recommended by the SSC; the sum of 

the TACs must achieve OY specified in 

the FMP. While the specific numbers 

that the methodology may produce vary 

from year to year, the methodology itself 

remains constant. 

A description of the proposed action, 

why it is being considered, and the legal 

basis for this proposed action are 

contained in the preamble above. A 

copy of the analysis is available from 

NMFS (see ADDRESSES). A summary of 

the IRFA follows. 

The action under consideration is a 

harvest strategy to govern the catch of 

groundfish in the BSAI. The preferred 

alternative is the existing harvest 

strategy in which TACs fall within the 

range of ABCs recommended by the 

SSC, but, as discussed below, NMFS 

considered other alternatives. This 

action is taken in accordance with the 

FMP prepared by the Council pursuant 

to the Magnuson-Stevens Act. 

The entities directly regulated by this 

action are those that harvest groundfish 

in the exclusive economic zone of the 

BSAI and in parallel fisheries within 

State waters. These include entities 

operating catcher vessels and catcher/

processors within the action area and 

entities receiving direct allocations of 

groundfish. 

On June 12, 2014, the Small Business 

Administration issued an interim final 

rule revising the small business size 

standards for several industries effective 

July 14, 2014 (79 FR 33647, June 12, 

2014). The rule increased the size 

standard for Finfish Fishing from $19.0 

million to $20.5 million, Shellfish 

Fishing from $ 5.0 million to $5.5 

million, and Other Marine Fishing from 

$7.0 million to $7.5 million. The new 

size standards were used to prepare the 

IRFA for this action. Fishing vessels are 

considered small entities if their total 

annual gross receipts, from all their 

activities combined, are less than $25.0 


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million. The IRFA estimates the number 

of harvesting vessels that are considered 

small entities, but these estimates may 

overstate the number of small entities 

because (1) some vessels may also be 

active as tender vessels in the salmon 

fishery, fish in areas other than Alaska 

and the West Coast, or generate revenue 

from other non-fishing sources; and (2) 

all affiliations are not taken into 

account, especially if the vessel has 

affiliations not tracked in available data 

(i.e., ownership of multiple vessel or 

affiliation with processors) and may be 

misclassified as a small entity. Because 

the 353 CVs and seven C/Ps meet this 

size standard, they are considered to be 

small entities for the purposes of this 

analysis. 

The estimated directly regulated small 

entities include approximately 353 

catcher vessels, four catcher/processors, 

and six CDQ groups. Some of these 

vessels are members of AFA inshore 

pollock cooperatives, GOA rockfish 

cooperatives, or crab rationalization 

cooperatives, which, since under the 

RFA it is the aggregate gross receipts of 

all participating members of the 

cooperative that must meet the ‘‘under 

$20.5 million’’ threshold, are considered 

to be large entities within the meaning 

of the RFA. Thus, the estimate of 353 

catcher vessels may be an overstatement 

of the number of small entities. Average 

gross revenues were $320,000 for small 

hook-and-line vessels, $1.25 million for 

small pot vessels, and $3.56 million for 

small trawl vessels. Revenue data for 

catcher/processors is confidential; 

however, in 2013, NMFS estimates that 

there are four catcher/processor small 

entities with gross receipts less than 

$20.5. 

The preferred alternative (Alternative 

2) was compared to four other 

alternatives. Alternative 1 would have 

set TACs to generate fishing rates equal 

to the maximum permissible ABC (if the 

full TAC were harvested), unless the 

sum of TACs exceeded the BSAI OY, in 

which case TACs would have been 

limited to the OY. Alternative 3 would 

have set TACs to produce fishing rates 

equal to the most recent 5-year average 

fishing rates. Alternative 4 would have 

set TACs equal to the lower limit of the 

BSAI OY range. Alternative 5, the ‘‘no 

action’’ alternative, would have set 

TACs equal to zero. 

The TACs associated with the 

preferred harvest strategy are those 

adopted by the Council in October 2014, 

as per Alternative 2. OFLs and ABCs for 

the species were based on 

recommendations prepared by the 

Council’s BSAI Plan Team in September 

2014, and reviewed and modified by the 

Council’s SSC in October 2014. The 

Council based its TAC 

recommendations on those of its AP, 

which were consistent with the SSC’s 

OFL and ABC recommendations. 

Alternative 1 selects harvest rates that 

would allow fishermen to harvest stocks 

at the level of ABCs, unless total 

harvests were constrained by the upper 

bound of the BSAI OY of two million 

mt. As shown in Table 1 of the 

preamble, the sum of ABCs in 2015 and 

2016 would be about 2,472,832 mt, 

which falls above the upper bound of 

the OY range. The sum of TACs is equal 

to the sum of ABCs. In this instance, 

Alternative 1 is consistent with the 

preferred alternative (Alternative 2), 

meets the objectives of that action, and 

has small entity impacts that are 

equivalent to the preferred alternative. 

Alternative 3 selects harvest rates 

based on the most recent 5 years of 

harvest rates (for species in Tiers 1 

through 3) or for the most recent 5 years 

of harvests (for species in Tiers 4 

through 6). This alternative is 

inconsistent with the objectives of this 

action (the Council’s preferred harvest 

strategy), because it does not take 

account of the most recent biological 

information for this fishery. NMFS 

annually conducts at-sea stock surveys 

for different species, as well as 

statistical modeling, to estimate stock 

sizes and permissible harvest levels. 

Actual harvest rates or harvest amounts 

are a component of these estimates, but 

in and of themselves may not accurately 

portray stock sizes and conditions. 

Harvest rates are listed for each species 

category for each year in the SAFE 

report (see ADDRESSES). 

Alternative 4 would lead to 

significantly lower harvests of all 

species and reduce TACs from the 

upper end of the OY range in the BSAI, 

to its lower end of 1.4 million mt. 

Overall, this would reduce 2015 TACs 

by about 30 percent, which would lead 

to significant reductions in harvests of 

species by small entities. While 

reductions of this size would be 

associated with offsetting price 

increases, the size of these increases is 

very uncertain. While production 

declines in the BSAI would 

undoubtedly be associated with 

significant price increases in the BSAI, 

these increases would still be 

constrained by production of 

substitutes, and are very unlikely to 

offset revenue declines from smaller 

production. Thus, this alternative action 

would have a detrimental impact on 

small entities. 

Alternative 5, which sets all harvests 

equal to zero, would have a significant 

adverse impact on small entities and 

would be contrary to obligations to 

achieve OY on a continuing basis, as 

mandated by the Magnuson-Stevens 

Act. 

The proposed harvest specifications 

extend the current 2015 OFLs, ABCs, 

and TACs to 2015 and 2016. As noted 

in the preamble to this rule and the 

IRFA, the Council may modify these 

OFLs, ABCs, and TACs in December 

2014, when it reviews the November 

2014 SAFE report from its groundfish 

Plan Team, and the December Council 

meeting reports of its SSC and AP. 

Because 2015 TACs in the proposed 

2015 and 2016 harvest specifications are 

unchanged from the 2015 harvest 

specification TACs, NMFS does not 

expect adverse impacts on small 

entities. Also, NMFS does not expect 

any changes made by the Council in 

December 2014 to be large enough to 

have an impact on small entities. 

This action does not modify 

recordkeeping or reporting 

requirements, or duplicate, overlap, or 

conflict with any Federal rules. 

Adverse impacts on marine mammals 

resulting from fishing activities 

conducted under these harvest 

specifications are discussed in the Final 

EIS (see ADDRESSES), and in the 2014 

SIR (http://

www.alaskafisheries.noaa.gov/analyses/

groundfish/041014bsaigoaspecssir.pdf). 

Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 

1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C. 

3631 et seq.; Pub. L. 105–277; Pub. L. 106– 

31; Pub. L. 106–554; Pub. L. 108–199; Pub. 

L. 108–447; Pub. L. 109–241; Pub. L. 109– 

479. 

Dated: December 2, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2014–28633 Filed 12–5–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 140918791–4989–01] 

RIN 0648–XD516 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska; 

Proposed 2015 and 2016 Harvest 

Specifications for Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


tkelley on DSK3SPTVN1PROD with PROPOSALS