[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Rules and Regulations]
[Pages 80782-80802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33169]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 111213751-1748-01]
RIN 0648-XA758
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Proposed 2012 and 2013 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes 2012 and 2013 harvest specifications,
apportionments, and prohibited species catch (PSC) allowances for the
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI)
management area. This action is necessary to establish harvest limits
for groundfish during the 2012 and 2013 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 26, 2012.
ADDRESSES: Send comments to Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by FDMS
Docket Number NOAA-NMFS-2011-0230, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal at http://www.regulations.gov. To submit comments via the e-Rulemaking Portal,
first click the ``submit a comment'' icon, then enter NOAA-NMFS-2011-
0230 in the keyword search. Locate the document you wish to comment on
from the resulting list and click on the ``Submit a Comment'' icon on
the right of that line.
Mail: Submit written comments to P.O. Box 21668, Juneau,
AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
Comments must be submitted by one of the above methods to ensure
that the comments are received, documented, and considered by NMFS.
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.
All comments received are a part of the public record. Comments
will generally be posted for public viewing on www.regulations.gov
without change. All Personal Identifying Information (for example,
name, address) voluntarily submitted by the commenter will be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (EIS), the Initial Regulatory
Flexibility Analysis (IRFA), and the Supplemental IRFA prepared for
this action may be obtained from http://www.regulations.gov or from the
Alaska Region Web site at http://alaskafisheries.noaa.gov. Copies of
the final 2010 Stock Assessment and Fishery Evaluation (SAFE) report
for the groundfish resources of the BSAI, dated November 2010, are
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 2011 SAFE report for the BSAI
became available from the same sources in November 2011.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, (907) 586-7269.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the Fishery Management Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area (FMP) and govern the groundfish
fisheries in the BSAI. The Council prepared the FMP and NMFS approved
it under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). General regulations governing U.S. fisheries
also appear at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species category, the sum of which must be
within the optimum yield range of 1.4 million to 2.0 million metric
tons (mt) (see Sec. 679.20(a)(1)(i)). This proposed rule specifies 2.0
million mt for both 2012 and 2013. 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, PSC allowances, prohibited species quota (PSQ)
reserves established by Sec. 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 Sec. 679.20(b)(1)(ii). The proposed harvest
specifications set forth in Tables 1 through 12 of this action satisfy
these requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final harvest
specifications
[[Page 80783]]
for 2012 and 2013 after (1) considering comments received within the
comment period (see DATES), (2) consulting with the Council at its
December 5 through 13, 2011 meeting, and (3) considering new
information presented in the final 2011 SAFE reports prepared for the
2012 and 2013 groundfish fisheries.
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 districts. This split is dependent upon the
development of 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 could impact the over fishing levels (OFL),
acceptable biological catches (ABC), and total allowable catches (TAC)
for Pacific cod on Table 1 for 2013.
In 2011, Kamchatka flounder had OFLs, ABCs, and TACs in the harvest
specifications (76 FR 11139, March 1, 2011). In the proposed 2011 and
2012 harvest specifications (75 FR 76372, December 8, 2010) NMFS
requested public comment on the proposal to allocate 10.7 percent of
the Kamchatka flounder TAC to the CDQ program. Comments were received
from each of the six CDQ groups requesting that NMFS not allocate
Kamchatka flounder to the CDQ program. Based upon these comments, NMFS
determined to not allocate Kamchatka flounder to the six CDQ groups in
2011. However, in 2011, a vessel fishing on behalf of one of the CDQ
groups conducted directed fishing as defined at Sec. 679.2 for
Kamchatka flounder. That activity indicates that Kamchatka flounder may
constitute a directed fishery of the Bering Sea and Aleutian Islands
under section 305(i)(1)(B)(i) of the Magnuson-Stevens Act, which may
make it necessary to make an allocation for Kamchatka flounder.
Therefore, NMFS requests comment about whether the CDQ groups intend to
conduct directed fishing for Kamchatka flounder in 2012 or 2013. For
the final 2012 and 2013 groundfish harvest specifications for the BSAI
NMFS will consider any comments received in determining whether to
allocate Kamchatka flounder to the CDQ program. Specifically, if NMFS
receives information that none of the CDQ groups intend to conduct
directed fishing for Kamchatka flounder, then NMFS would not allocate
10.7 percent of the Kamchatka flounder TAC to the CDQ program. However,
if any one of the six CDQ groups intends to conduct directed fishing
for Kamchatka flounder, or if NMFS does not receive information that
demonstrates unanimity among the CDQ groups about the economic value of
Kamchatka flounder to the CDQ groups, NMFS would allocate 10.7 percent
of the TAC to the CDQ program in 2012 and 2013.
If an allocation of Kamchatka flounder is made to the CDQ program
in the final 2012 and 2013 groundfish harvest specifications for the
BSAI, this CDQ reserve will be allocated among the CDQ groups using the
same percentage allocations currently used to allocate the arrowtooth
flounder complex among the CDQ groups. These percentage allocations are
shown in Table 1 of a notice published in the Federal Register on
August 31, 2006 (71 FR 51804). The current percentage allocations of
arrowtooth flounder among the CDQ groups would be used to allocate
Kamchatka flounder among the CDQ groups because the new TAC category
was created by splitting Kamchatka flounder from the arrowtooth
flounder complex.
Proposed ABC and TAC Harvest Specifications
The amounts proposed for the 2012 and 2013 harvest specifications
are based on the 2010 SAFE report and are subject to change in the
final harvest specifications to be published by NMFS following the
Council's December 2011 meeting. At that meeting the Council will
consider information contained in the final 2011 SAFE report,
recommendations from the November 2011 BSAI Groundfish Plan Team (Plan
Team) meeting, the December 2011 Scientific and Statistical Committee
(SSC), the Advisory Panel (AP) meetings, and public testimony in making
its recommendations for the final 2012 and 2013 harvest specifications.
At the October 2011 Council meeting, the SSC, AP, and Council
reviewed the most recent biological and harvest information about the
condition of the BSAI groundfish stocks. The Council's Plan Team
compiled and presented this information, which was initially compiled
by the Plan Team and presented in the final 2010 SAFE report for the
BSAI groundfish fisheries, dated November 2010 (see ADDRESSES). In
November 2011, the Plan Team updated the 2010 SAFE report to include
new information collected during 2011, such as revised stock
assessments and catch data. The Plan Team compiled this information and
produced the 2011 SAFE report. The Council will review the 2011 SAFE
report during the December 2011 Council meeting. At that meeting the
Council will consider information contained in the 2011 SAFE report,
recommendations made by the Plan Team during its November 2011 meeting,
the December 2011 SSC and AP meetings, public testimony, and relevant
written public comments in making its recommendations for the final
2012 and 2013 harvest specifications.
In previous years some of the largest changes from the proposed to
the final harvest specifications have been based on the most recent
NMFS surveys, which provide updated estimates of stock biomass and
spatial distribution, and changes to the models used in the stock
assessments. These changes are recommended by the November 2011 Plan
Team and are included in the final 2011 SAFE report. The final 2011
SAFE report includes the most recent information, such as 2011 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 2011 SAFE report indicates that the stock biomass
trend is increasing for a species, then the final 2012 and 2013 harvest
specifications may reflect that increase from the proposed harvest
specifications. Conversely, if the final 2011 SAFE report indicates
that the stock biomass trend is decreasing for a species, then the
final 2012 and 2013 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
optimum yield 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 setting TACs equal to ABC would cause the TAC to exceed an
optimum yield of 2 million mt. Generally, ABCs greatly exceed 2 million
mt in years with a large pollock biomass. Based upon the 2011 SAFE
report, it is anticipated that both 2012 and 2013 will have large
pollock biomasses, and the sum of the ABCs will exceed 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
[[Page 80784]]
scientists. Tier one represents the highest level of information
quality available while tier six represents the lowest.
In November 2011, the Plan Team recommended a predation-based
estimate to octopus mortality as an alternative Tier 6 estimate. If the
SSC and Council approve this approach, the OFL and ABC for octopus will
likely be larger in 2012 than in 2011.
In October 2011, the SSC adopted the proposed 2012 and 2013 OFLs
and ABCs recommended by the Plan Team for all groundfish species. The
Council adopted the SSC's OFL and ABC recommendations and the AP's TAC
recommendations. These amounts are unchanged from the final 2012
harvest specifications published in the Federal Register on March 1,
2011 (76 FR 11139). For 2012 and 2013, the Council recommended and NMFS
proposes the OFLs, ABCs, and TACs listed in Table 1. The proposed ABCs
reflect harvest amounts that are less than the specified overfishing
amounts. The sum of the proposed 2012 and 2013 ABCs for all assessed
groundfish is 2,911,610 mt, which is higher than the final 2011 ABC
total of 2,534,729 mt (76 FR 11139, March 1, 2011).
Specification and Apportionment of TAC Amounts
The Council recommended proposed TACs for 2012 and 2013 that are
equal to proposed ABCs for sablefish, Kamchatka flounder, Pacific ocean
perch, shortraker rockfish, and rougheye rockfish. The Council
recommended proposed TACs for 2012 and 2013 that are less than the
proposed ABCs for pollock, Pacific cod, Atka mackerel, yellowfin sole,
rock sole, Greenland turbot, arrowtooth flounder, flathead sole,
``other flatfish,'' Alaska plaice, northern rockfish, ``other
rockfish,'' squids, sharks, skates, sculpins, and octopuses.
Section 679.20(a)(5)(iii)(B)(1) requires the Aleutian Islands (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. With the exceptions of sablefish, Kamchatka
flounder, Pacific ocean perch, shortraker rockfish, and rougheye
rockfish; TACs are set below ABCs. TACs are set so that the sum of the
overall TAC does not exceed the BSAI optimum yield.
The proposed groundfish OFLs, ABCs, and TACs are subject to change
pending the completion of the 2011 SAFE report and the Council's
recommendations for final 2012 and 2013 harvest specifications during
its December 2011 meeting. These proposed amounts are consistent with
the biological condition of groundfish stocks as described in the 2010
SAFE report, and adjusted for other biological and socioeconomic
considerations. Pursuant to section 3.2.3.4.1 of the Fishery Management
Plan, 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
2012 and 2013 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.
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Groundfish Reserves and the Incidental Catch Allowance (ICA) for
Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and
AI Pacific Ocean Perch
The regulations at section 679.20(b) require NMFS to place certain
amounts of BSAI TAC in reserve. Section 679.20(b)(1)(i) requires the
placement of 15 percent of the TAC for each target species category,
except for pollock, hook-and-line and pot gear allocation of sablefish,
and 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 allocated to the fixed gear
sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires that 7.5
percent of the trawl gear allocations of sablefish and 10.7 percent of
Bering Sea Greenland turbot, and arrowtooth flounder be allocated to
the respective CDQ reserves. Additionally, unless NMFS receives
comments that the CDQ groups do not intend to conduct directed
fisheries for Kamchatka flounder, NMFS will assume that a directed
fishery exists, under section 305(i)(1)(B)(i) of the MSA, and allocate
10.7 percent of the TAC for Kamchatka flounder to the CDQ reserves.
Section 679.20(b)(1)(ii)(C) requires that 10.7 percent of the TACs for
Atka mackerel, AI Pacific ocean perch, yellowfin sole, rock sole,
flathead sole, and Pacific cod be allocated to the CDQ reserves.
Sections 679.20(a)(5)(i)(A) and 679.31(a) also require the allocation
of 10 percent of the BSAI pollock TACs to the pollock CDQ directed
fishing allowance (DFA). The entire Bogoslof District pollock TAC is
allocated as an ICA (see Sec. 679.20(a)(5)(ii)). With the exception of
the hook-and-line and pot gear sablefish CDQ reserve, the regulations
do not further apportion the CDQ reserves by gear. Sections 679.30 and
679.31 set forth regulations governing the management of the CDQ
reserves.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock
ICA of 3 percent of the Bering Sea subarea pollock TAC after
subtraction of the 10 percent CDQ reserve. This allowance is based on
NMFS' examination of the pollock incidental catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 1999 through 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
Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA
of 1,600 mt for the AI subarea after subtraction of the 10 percent CDQ
DFA. This allowance is based on NMFS' examination of the pollock
incidental catch, including the incidental catch by CDQ vessels, in
target fisheries other than pollock from 2003 through 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 Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of
5,000 mt of flathead sole, 10,000 mt of rock sole, 2,000 mt of
yellowfin sole, 10 mt of Western Aleutian District Pacific ocean perch,
75 mt of Central Aleutian District Pacific ocean perch, 100 mt of
Eastern Aleutian District Pacific ocean perch, 40 mt for Western
Aleutian District Atka mackerel, 75 mt for Central Aleutian District
Atka mackerel, and 1,000 mt of Eastern Aleutian District and Bering Sea
subarea Atka mackerel after subtraction of the 10.7 percent CDQ
reserve. These allowances are based on NMFS' examination of the average
incidental
[[Page 80787]]
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 that contributed to the non-specified
reserve, provided that such apportionments do not result in overfishing
(see Sec. 679.20(b)(1)(i)).
Allocations of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that the pollock TAC
apportioned to the Bering Sea subarea, after subtraction of 10 percent
for the CDQ program and 3 percent for the ICA, be allocated as a DFA as
follows: 50 percent to the inshore sector, 40 percent to the catcher/
processor sector, and 10 percent to the mothership sector. In the
Bering Sea subarea, 40 percent of the DFA is allocated to the A season
(January 20 to June 10) and 60 percent of the DFA is allocated to the B
season (June 10 to November 1) (Sec. 679.20(a)(5)(i)(B)). The AI
directed pollock fishery allocation to the Aleut Corporation is the
amount of pollock remaining in the AI subarea after subtracting 1,900
mt for the CDQ DFA (10 percent) and 1,600 mt for the ICA (Sec.
679.20(a)(5)(iii)(B)(2)(ii)). In the AI subarea, 40 percent of the ABC
is allocated to the A season and the remainder of the directed pollock
fishery is allocated to the B season. Table 2 lists these proposed 2012
and 2013 amounts.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding Bering Sea subarea pollock allocations. First,
8.5 percent of the pollock allocated to the catcher/processor sector
will be available for harvest by AFA catcher vessels with catcher/
processor sector endorsements, unless the Regional Administrator
receives a cooperative contract that provides for the distribution of
harvest among AFA catcher/processors and AFA catcher vessels in a
manner agreed to by all members. Second, AFA catcher/processors not
listed in the AFA are limited to harvesting not more than 0.5 percent
of the pollock allocated to the catcher/processor sector. Table 2 lists
the proposed 2012 and 2013 allocations of pollock TAC. Tables 9 through
12 list the AFA catcher/processor and catcher vessel harvesting
sideboard limits. In past years, the proposed harvest specifications
included text and tables describing pollock allocations to the Bering
Sea subarea inshore pollock cooperatives and open access sector. These
allocations are based on the submission of AFA inshore cooperative
applications due to NMFS on December 1 of each calendar year. Because
AFA inshore cooperative applications for 2012 have not been submitted
to NMFS, thereby preventing NMFS from calculating 2012 allocations,
NMFS has not included inshore cooperative text and tables in these
proposed harvest specifications. NMFS will post 2012 AFA inshore
cooperative allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov when they become available in December 2011.
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 Sec.
679.22(a)(7)(vii), is limited to 28 percent of the DFA until 12 noon,
April 1 as provided in Sec. 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. 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 2012 and 2013
amounts by sector.
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Allocation of the Atka Mackerel TACs
Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtraction
of the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl
limited access sector and non-trawl gear (Table 3). The allocation of
the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited
access sectors is established in Table 33 to part 679 and in Sec.
679.91. Pursuant to Sec. 679.20(a)(8)(i), up to 2 percent of the
Eastern Aleutian District and Bering Sea subarea Atka mackerel ITAC may
be allocated to jig gear. The amount of this allocation is determined
annually by the Council based on several criteria, including the
anticipated harvest capacity of the jig gear fleet. The Council
recommended and NMFS proposes a 0.5 percent allocation of the Atka
mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea
to jig gear in 2012 and 2013. This percentage is applied after the
subtraction of 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 retention of Atka mackerel in Area 543, and the proposed
amount 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. The
first seasonal allowance is made available for directed fishing with
trawl gear from January 20 to June 10 (A season), and the second
seasonal allowance is made available from June 10 to November 1 (B
season). The jig gear allocation is 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 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 2012 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 2012 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, 2012, based on the harvest
specifications effective on that date.
Table 3 lists these 2012 and 2013 Atka mackerel season and area
allowances, as well as the sector allocations. The 2013 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,
2012.
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Allocation of the Pacific Cod TAC
Sections 679.20(a)(7)(i) and (ii) allocate the Pacific cod TAC in
the BSAI, after subtraction of 10.7 percent for the CDQ program, as
follows: 1.4 percent to vessels using jig gear, 2.0 percent to hook-
and-line and pot catcher vessels less than 60 ft (18.3 m) length
overall (LOA), 0.2 percent to hook-and-line catcher vessels greater
than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line
catcher/processors, 8.4 percent to pot catcher vessels greater than or
equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/processors, 2.3
percent to AFA trawl catcher/processors, 13.4 percent to non-AFA trawl
catcher/processors, and 22.1 percent to trawl catcher vessels. The ICA
for the hook-and-line and pot sectors will be deducted from the
aggregate portion of Pacific cod TAC allocated to the hook-and-line and
pot sectors. For 2012 and 2013, the Regional Administrator proposes an
ICA of 500 mt based on anticipated incidental catch in these fisheries.
The allocation of the ITAC for Pacific cod to the Amendment 80
sector is established in Table 33 to part 679 and
[[Page 80790]]
Sec. 679.91. Two Amendment 80 cooperatives have formed for the 2012
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 2012 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, 2012, based on the harvest
specifications effective on that date.
The 2013 allocations for Amendment 80 species between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants to apply for participation in the
program by November 1, 2012. NMFS will post 2013 Amendment 80
cooperatives and Amendment 80 limited access allocations on the Alaska
Region Web site at http://alaskafisheries.noaa.gov when they become
available in December 2012.
The Pacific cod ITAC is apportioned into seasonal allowances to
disperse the Pacific cod fisheries over the fishing year (see
Sec. Sec. 679.20(a)(7) and 679.23(e)(5)). In accordance with Sec.
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
2012 and 2013 Pacific cod TACs are listed in Table 4 based on the
sector allocation percentages of Pacific cod set forth at Sec. Sec.
679.20(a)(7)(i)(B) and 679.20(a)(7)(iv)(A); and the seasonal allowances
of Pacific cod set forth at Sec. 679.23(e)(5). Section 679.7(a)(19)
prohibits retention of Pacific cod in Area 543 and Sec. 679.7(a)(23)
prohibits directed fishing for Pacific cod with hook-and-line, pot, or
jig gear in the AI subarea November 1 through December 31.
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Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv) require the allocation of
sablefish TACs for the Bering Sea and AI subareas between trawl gear
and hook-and-line or pot gear. Gear allocations of the TACs for the
Bering Sea subarea are 50 percent for trawl gear and 50 percent for
hook-and-line or pot gear. Gear allocations for the AI subarea are 25
percent for trawl gear and 75 percent for hook-and-line or pot gear.
Section 679.20(b)(1)(ii)(B) requires apportionment of 20 percent of the
hook-and-line and pot gear allocation of sablefish from the
nonspecified reserves to the CDQ reserve. Additionally, Sec.
679.20(b)(1)(ii)(D) requires apportionment of 7.5 percent of the trawl
gear allocation of sablefish to the CDQ reserve. The Council
recommended that only trawl sablefish TAC be established biennially.
The harvest specifications for the hook-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 would reduce the potential for discards of
halibut and sablefish in those fisheries. The sablefish IFQ fisheries
would remain
[[Page 80792]]
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 2012 and 2013 gear allocations of the sablefish TAC
and CDQ reserve amounts.
[GRAPHIC] [TIFF OMITTED] TR27DE11.008
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 an allocation be
made to the Amendment 80 and BSAI trawl limited access sectors for AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole TACs, after subtraction of 10.7 percent for the CDQ reserve and an
ICA for the BSAI trawl limited access sector and vessels using non-
trawl gear. The allocation of the ITAC for 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 Sec.
679.91.
Two Amendment 80 cooperatives have formed for the 2012 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 2012 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, 2012, based on the harvest
specifications effective on that date.
The 2013 allocations for Amendment 80 species between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until after November 1, 2012, the deadline date for eligible
participants to apply for participation in the program. NMFS will post
2013 Amendment 80 cooperatives and Amendment 80 limited access
allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov when they become available in December 2012.
Table 6 lists the proposed 2012 and 2013 allocations and seasonal
apportionments of the AI Pacific ocean perch, and BSAI flathead sole,
rock sole, and yellowfin sole TACs.
[[Page 80793]]
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Allocation of PSC Limits for Halibut, Salmon, Crab, and Herring
Section 679.21(e) sets forth the BSAI PSC limits. Pursuant to Sec.
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. 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 the apportionment of the non-
trawl halibut PSC limit into PSC bycatch allowances among six fishery
categories. Table 7c lists the fishery bycatch allowances for the trawl
and non-trawl fisheries.
Pursuant to section 3.6 of the 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 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
2011, total groundfish catch for the pot gear fishery in the BSAI was
29,305 mt, with an associated halibut bycatch mortality of 6 mt.
The 2011 jig gear fishery harvested about 505 mt of groundfish.
Most vessels in the jig gear fleet are less than 60 ft (18.3 m) LOA and
thus are exempt from observer coverage requirements. As a result,
observer data are not available on halibut bycatch in the jig gear
fishery. However, as mentioned above, NMFS estimates a negligible
amount of halibut bycatch mortality 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), annually allocates 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 Sec. 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 Sec. 679.21(f)(6), NMFS will allocate a
portion of the 47,591 Chinook salmon PSC limit to that sector as
specified in Sec. 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 Sec. 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 2012 and 2013
Chinook salmon PSC limit for the AI subarea pollock fishery. Section
679.21(e)(3)(i)(A)(3)(i) allocates 7.5 percent of the 700 fish, or 53
Chinook salmon, as the AI subarea PSQ for the CDQ program and allocates
the remaining 92.5 percent, or 647 Chinook salmon, to the non-CDQ
fisheries.
Section 679.21(e)(1)(vii) specifies 42,000 fish as the 2011 and
2012 non-Chinook salmon PSC limit. Section 679.21(e)(3)(i)(A)(3)(ii)
allocates 10.7
[[Page 80794]]
percent, or 4,494 non-Chinook salmon, as the PSQ for the CDQ program
and allocates the remaining 89.3 percent, or 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 2011 regarding red king crab and herring PSC limits and
apportionments, the Council recommended and NMFS proposes using the
crab and herring 2011 and 2012 PSC limits and apportionments based on
the 2010 survey data for the proposed 2012 and 2013 limits and
apportionments. The Council will reconsider these amounts in December
2011. Pursuant to Sec. 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 2010 survey data, the red king crab mature female
abundance is estimated at 31.5 million red king crabs, and the
effective spawning biomass is estimated at 67.4 million lb (30,572 mt).
Based on the criteria set out at Sec. 679.21(e)(1)(i), the proposed
2012 and 2013 PSC limit of red king crab in Zone 1 for trawl gear is
197,000 animals. This limit derives from the mature female abundance
estimate of more than 8.4 million king crab and the effective spawning
biomass estimate of more than 55 million lbs (24,948 mt).
Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which
NMFS must specify an annual red king crab bycatch limit for the Red
King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS to
up to 25 percent of the red king crab PSC allowance based on the need
to optimize the groundfish harvest relative to red king crab bycatch.
NMFS proposes the Council's recommendation that the red king crab
bycatch limit be equal to 25 percent of the red king crab PSC allowance
within the RKCSS (Table 7b). Based on 2010 survey data, Tanner crab
(Chionoecetes bairdi) abundance is estimated at 379 million animals.
Pursuant to criteria set out at Sec. 679.21(e)(1)(ii), the calculated
2012 and 2013 C. bairdi crab PSC limit for trawl gear is 830,000
animals in Zone 1 and 2,520,000 animals in Zone 2. These limits derive
from the C. bairdi crab abundance estimate being in excess of the 270
million animals for the Zone 1 allocation and 290 million animals for
the Zone 2 allocation, but less than 400 million animals for both zones
allocations. Pursuant to Sec. 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 crab if
left unajusted. However, if the abundance is less than 4.5 million
animals, the minimum PSC limit will be 4,350,000 animals pursuant to
Sec. 679.21(e)(1)(iii)(A) and (B). Based on the 2010 survey estimate
of 7.5 billion animals, the calculated limit is 8,310,480 animals.
Pursuant to Sec. 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 2012 and 2013 herring biomass is 197,400 mt. This amount
was derived using 2010 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 2012 and 2013 is 2,273 mt
for all trawl gear as presented in Tables 7a and 7b.
Section 679.21(e)(3)(A) requires PSQ reserves to be subtracted from
the total trawl PSC limits. The amount of the 2012 PSC limits assigned
to the Amendment 80 and BSAI trawl limited access sectors are specified
in Table 35 to part 679. The resulting allocation of PSC to CDQ PSQ,
the Amendment 80 sector, and the BSAI trawl limited access sector are
listed in Table 7a. Pursuant to Sec. 679.21(e)(1)(iv) and Sec.
679.91(d) through (f), crab and halibut trawl PSC assigned to the
Amendment 80 sector is then further allocated to Amendment 80
cooperatives as PSC cooperative quota as presented in Table 7d. Two
Amendment 80 cooperatives have formed for the 2012 fishing year.
Because all Amendment 80 vessels are part of a cooperative, an
allocation to the Amendment 80 limited access sector is not required.
NMFS will post 2012 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, 2012, based on the harvest
specifications effective on that date.
The 2013 allocations for Amendment 80 species between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until after November 1, 2012, the deadline date for eligible
participants to apply for participation in the program. NMFS will post
2013 Amendment 80 cooperatives and Amendment 80 limited access
allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov when they become available in December 2012.
Section 679.21(e)(5) authorizes NMFS, after consultation with the
Council, to establish seasonal apportionments of PSC amounts for the
BSAI trawl limited access and Amendment 80 limited access sectors in
order to maximize the ability of the fleet to harvest the available
groundfish TAC and to minimize bycatch. The factors considered are (1)
seasonal distribution of prohibited species, (2) seasonal distribution
of target groundfish species, (3) PSC bycatch needs on a seasonal basis
relevant to prohibited species biomass, (4) expected variations in
bycatch rates throughout the year, (5) expected start of fishing
effort, and (6) economic effects of seasonal PSC apportionments on
industry sectors.
NMFS proposes the Council's recommendation of the seasonal PSC
apportionments in Table 7c to maximize harvest among gear types,
fisheries, and seasons while minimizing bycatch of PSC based on the
above criteria.
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[[Page 80797]]
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
2012 and 2013 BSAI groundfish fisheries for use in monitoring the 2012
and 2013 halibut bycatch allowances (see Tables 7a-7d). The IPHC
developed these DMRs for the 2010 to 2012 BSAI fisheries using the 10-
year mean DMRs for those fisheries. The IPHC will analyze observer data
annually and recommend changes to the DMRs when a fishery DMR shows
large variation from the mean. A discussion of the DMRs and their
justification is presented in Appendix 2 in the final 2009 SAFE report
dated November 2009 (see ADDRESSES). Table 8 lists the 2012 and 2013
DMRs.
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Listed AFA Catcher/Processor Sideboard Limits
Pursuant to Sec. 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. 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 9 lists the proposed 2012 and
2013 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 proposed sideboard limits in Table 9. However,
groundfish sideboard species that are delivered to listed AFA catcher/
processors by catcher vessels will not be deducted from the proposed
2012 and 2013 sideboard limits for the listed AFA catcher/processors.
[[Page 80798]]
[GRAPHIC] [TIFF OMITTED] TR27DE11.015
Section 679.64(a)(2) and Tables 40 and 41 to part 679 establish a
formula for calculating PSC sideboard limits for listed AFA catcher/
processors. The basis for these sideboard limits is described in detail
in the final rules implementing the major provisions of the AFA (67 FR
79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14,
2007).
PSC species listed in Table 10 that are caught by listed AFA
catcher/processors participating in any groundfish fishery other than
pollock will accrue against the proposed 2012 and 2013 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 2012 or 2013
PSC sideboard limit listed in Table 10 is reached.
[[Page 80799]]
Crab or halibut PSC caught by listed AFA catcher/processors while
fishing for pollock will accrue against the bycatch allowances annually
specified for either the midwater pollock or the pollock/Atka mackerel/
``other species'' fishery categories according to regulations at Sec.
679.21(e)(3)(iv).
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AFA Catcher Vessel Sideboard Limits
Pursuant to Sec. 679.64(b), the Regional Administrator is
responsible for restricting the ability of AFA catcher vessels to
engage in directed fishing for groundfish species other than pollock to
protect participants in other groundfish fisheries from adverse effects
resulting from the AFA and from fishery cooperatives in the directed
pollock fishery. Section 679.64(b) establishes formulas for setting AFA
catcher vessel groundfish and PSC sideboard limits for the BSAI. The
basis for these sideboard limits is described in detail in the final
rules implementing the major provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007).
Tables 11 and 12 list the proposed 2012 and 2013 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 proposed 2012 and 2013 sideboard limits listed in
Table 11.
[[Page 80800]]
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[[Page 80801]]
[GRAPHIC] [TIFF OMITTED] TR27DE11.018
Halibut and crab PSC limits listed in Table 12 that are caught by
AFA catcher vessels participating in any groundfish fishery other than
pollock will accrue against the proposed 2012 and 2013 PSC sideboard
limits for the AFA catcher vessels. Sections 679.21(d)(8) and
679.21(e)(3)(v) authorize NMFS to close directed fishing for groundfish
other than pollock for AFA catcher vessels once a proposed 2012 and
2013 PSC sideboard limit listed in Table 12 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 Sec.
679.21(e)(3)(iv).
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Classification
NMFS has determined that the proposed harvest specifications are
consistent with the FMP and preliminarily determined that the proposed
harvest specifications are consistent with the Magnuson-Stevens Act and
other applicable laws.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
NMFS prepared an EIS for this action (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. Copies
of the EIS and ROD for this action are available from NMFS. The EIS
analyzes the environmental consequences of the proposed groundfish
harvest specifications and its alternatives on resources in the action
area. The EIS found no significant environmental consequences from the
proposed action or its alternatives.
NMFS 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
optimum yield specified in the FMP. While the specific numbers that the
methodology may produce vary from year to year, the methodology itself
remains constant.
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.
This action is taken in accordance with the FMP prepared by the Council
pursuant to the Magnuson-Stevens Act.
The directly regulated small entities include approximately 191
small catcher vessels, fewer than 18 small catcher/processors, and six
CDQ groups.
[[Page 80802]]
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 of Alaska waters. These include entities
operating CVs and C/Ps within the action area, and entities receiving
direct allocations of groundfish. Catcher vessels and C/Ps were
considered to be small entities if they had annual gross receipts of $4
million per year or less from all economic activities, including the
revenue of their affiliated operations (see Table 37 to the Economic
Status of the Groundfish off Alaska, 2010, in the 2010 SAFE report,
dated November 2010, available from the Council (see ADDRESSES)).
The preferred alternative (Alternative 2) was compared to four
other alternatives. These included Alternative 1, which would have set
TACs to generate fishing rates equal to the maximum permissible ABC (if
the full TAC were harvested), unless the sum of TACs exceeded the BSAI
optimum yield, in which case TACs would have been limited to the
optimum yield. Alternative 3 would have set TACs to produce fishing
rates equal to the most recent five-year average fishing rates.
Alternative 4 would have set TACs equal to the lower limit of the BSAI
optimum yield range. Alternative 5, the ``no action'' alternative,
would have set TACs equal to zero.
The Council adopted the TACs associated with the preferred harvest
strategy, as per Alternative 2, in October 2011. OFLs and ABCs for the
species were based on recommendations prepared by the Council's GOA
Plan Team in August and September 2011, and reviewed and modified by
the Council's SSC in October 2011. 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 will 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 2012 and 2013
would be about 2,911,610 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 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 five
years of harvest rates (for species in Tiers 1 through 3) or for the
most recent five 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.
Harvest rates are listed for each species category for each year in the
SAFE reports (see ADDRESSES).
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 of 1.4 million mt. Overall this would reduce 2012 TACs
by about 30 percent. This would lead to significant reductions in
harvests of species harvested by small entities. While reductions of
this size would be associated with offsetting price increases, the size
of these increases is very uncertain. There are close substitutes for
BSAI groundfish species available from the GOA. 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, may also
address conservation issues, but would have a significant adverse
economic impact on small entities. Tables 2 and 3 from the IRFA provide
information on numbers of individual vessels with gross revenues less
than $4 million, and with the average gross revenues for these vessels.
These tables indicate that the median annual aggregate revenues for
these vessels in the years from 2005 to 2009 were $310 million; annual
aggregate revenues for this group of vessels ranged from $286 to $347
million. These estimates do not take account of affiliations among
vessels, and thus overstate the revenues flowing to small entities.
The proposed specifications extend the current 2012 OFLs, ABCs, and
TACs, to 2012 and 2013. As noted in the IRFA, the Council may modify
these OFLs, ABCs, and TACs in December 2011, when it reviews the
November meeting reports from its groundfish plan teams, and the
December Council meeting reports of its SSC and AP. Because most TACs
in the proposed 2012 and 2013 harvest specifications are unchanged from
the 2011 TACs, NMFS does not expect adverse impacts on small entities.
Also, NMFS does not expect any changes made by the Council in December
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 EIS
(see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: December 21, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011-33169 Filed 12-23-11; 8:45 am]
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