80_FR_71869 80 FR 71649 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; American Fisheries Act; Amendment 111

80 FR 71649 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; American Fisheries Act; Amendment 111

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 220 (November 16, 2015)

Page Range71649-71675
FR Document2015-28889

NMFS proposes regulations to implement Amendment 111 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The proposed rule would reduce bycatch limits, also known as prohibited species catch (PSC) limits, for Pacific halibut in the Bering Sea and Aleutian Islands (BSAI) groundfish fisheries by specific amounts in four groundfish sectors: The Amendment 80 sector (non-pollock trawl catcher/processors); the BSAI trawl limited access sector (all non-Amendment 80 trawl fishery participants); the non-trawl sector (primarily hook-and-line catcher/ processors); and the Western Alaska Community Development Quota Program (CDQ Program, also referred to as the CDQ sector). This action is necessary to minimize halibut bycatch in the BSAI groundfish fisheries to the extent practicable and to achieve, on a continuing basis, optimum yield from the BSAI groundfish fisheries. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

Federal Register, Volume 80 Issue 220 (Monday, November 16, 2015)
[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Proposed Rules]
[Pages 71649-71675]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28889]



[[Page 71649]]

Vol. 80

Monday,

No. 220

November 16, 2015

Part V





Department of Commerce





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 National Oceanic and Atmospheric Administration





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50 CFR Part 679





 Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and 
Aleutian Islands Management Area; American Fisheries Act; Amendment 
111; Proposed Rule

Federal Register / Vol. 80 , No. 220 / Monday, November 16, 2015 / 
Proposed Rules

[[Page 71650]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150817730-5730-01]
RIN 0648-BF29


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Management Area; American Fisheries Act; Amendment 
111

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 regulations to implement Amendment 111 to the 
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian 
Islands Management Area (FMP). The proposed rule would reduce bycatch 
limits, also known as prohibited species catch (PSC) limits, for 
Pacific halibut in the Bering Sea and Aleutian Islands (BSAI) 
groundfish fisheries by specific amounts in four groundfish sectors: 
The Amendment 80 sector (non-pollock trawl catcher/processors); the 
BSAI trawl limited access sector (all non-Amendment 80 trawl fishery 
participants); the non-trawl sector (primarily hook-and-line catcher/
processors); and the Western Alaska Community Development Quota Program 
(CDQ Program, also referred to as the CDQ sector). This action is 
necessary to minimize halibut bycatch in the BSAI groundfish fisheries 
to the extent practicable and to achieve, on a continuing basis, 
optimum yield from the BSAI groundfish fisheries. This action is 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act, the FMP, and other applicable 
laws.

DATES: Submit comments on or before December 16, 2015.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0092, 
by any one 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-2015-0092, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802.
    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 voluntarily submitted by the 
commenter will be publicly accessible. NMFS will accept anonymous 
comments (enter N/A in the required fields, if you wish to remain 
anonymous).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted by mail to NMFS at the above address; 
emailed to OIRA_submission@omb.eop.gov; or faxed to 202-395-5806.
    Electronic copies of Amendment 111 to the FMP and the Environmental 
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility 
Analysis (Analysis) for this action may be obtained from http://www.regulations.gov or from the Alaska Region Web site at http://alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Mary Alice McKeen, 907-586-7228.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority for Action
II. Background
    A. The Halibut Resource
    1. Status of the Halibut Stock
    2. Halibut Removals
    3. Allocation of Halibut Among Fisheries
    B. Halibut Fisheries in the BSAI
    C. Comparing Commercial Halibut Catch and Halibut Bycatch (PSC) 
in the Groundfish Fisheries in the BSAI
    D. Halibut Bycatch Management in the BSAI Groundfish Fisheries
    1. Annual Halibut Bycatch (PSC) Limits and Apportionments of PSC 
Limits
    2. Overview of the BSAI Groundfish Sectors
    a. Amendment 80 Sector
    b. BSAI Trawl Limited Access Sector
    c. BSAI Non-trawl Sector
    d. CDQ Sector
    3. Halibut Bycatch (PSC) Use in the BSAI Groundfish Sectors
III. Rationale and Impacts of Amendment 111 and the Proposed Rule
    A. Methods for Analysis of Impacts
    B. Impacts on the Halibut Stock
    C. Impacts on Halibut Fishery Participants and Fishing 
Communities
    D. Impacts on BSAI Groundfish Fishery Participants and Fishing 
Communities
    1. Amendment 80 Sector Halibut Bycatch (PSC) Limit Reduction
    2. BSAI Trawl Limited Access Sector Halibut Bycatch (PSC) Limit 
Reduction
    3. BSAI Non-Trawl Sector Halibut Bycatch (PSC) Limit Reduction
    4. CDQ Sector Halibut Bycatch (PSC) Limit Reduction
    E. Summary of Impacts
IV. The Proposed Rule
    A. Reduction in Halibut PSC Limits
    1. Amendment 80 Sector
    2. BSAI Trawl Limited Access Sector
    3. BSAI Non-Trawl Sector
    4. CDQ Sector
    B. Minor Change in Terminology
    C. Reorganization and Other Technical Changes
V. Classification
    A. Initial Regulatory Flexibility Analysis
    1. Number and Description of Small Entities Directly Regulated 
by the Proposed Action
    2. Federal Rules That May Duplicate, Overlap, or Conflict With 
the Proposed Action
    3. Impacts of the Action on Small Entities
    4. Description of Significant Alternatives Considered
    5. Recordkeeping and Recording Requirements
B. Tribal Consultation

I. Authority for Action

    NMFS manages the groundfish fisheries in the Exclusive Economic 
Zone (EEZ) of the BSAI under the FMP. The North Pacific Fishery 
Management Council (Council) prepared, and the Secretary of Commerce 
approved, the FMP pursuant to the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) and other applicable laws. 
Regulations implementing the FMP appear at 50 CFR part 679. General 
regulations that pertain to U.S. fisheries appear at 50 CFR part 600.
    The Council submitted Amendment 111 for review by the Secretary of 
Commerce. A notice of availability of Amendment 111 was published in 
the Federal Register on October 29, 2015, with comments invited through 
December 28, 2015. All relevant written comments received by that time, 
whether specifically directed to Amendment 111, or to the proposed 
rule, will be considered in the approval/disapproval decision on 
Amendment 111.

II. Background

    Pacific halibut (Hippoglossus stenolepis) is fully utilized in 
Alaska as a target species in subsistence, personal use, recreational 
(sport), and commercial halibut fisheries. Halibut has significant 
social, cultural, and economic importance to fishery

[[Page 71651]]

participants and fishing communities throughout the geographical range 
of the resource. Halibut is also incidentally taken as bycatch in 
groundfish fisheries. The Magnuson-Stevens Act defines bycatch as 
``fish which are harvested in a fishery, but which are not sold or kept 
for personal use, and includes economic discards and regulatory 
discards. The term does not include fish released alive under a 
recreational catch and release fishery management program.'' 16 U.S.C. 
1802 3(2).
    The International Pacific Halibut Commission (IPHC) and NMFS manage 
Pacific halibut fisheries through regulations established under the 
authority of the Northern Pacific Halibut Act of 1982 (Halibut Act) (16 
U.S.C. 773-773k). The IPHC adopts regulations governing the target 
fishery for Pacific halibut under the Convention between the United 
States and Canada for the Preservation of the Halibut Fishery of the 
North Pacific Ocean and Bering Sea (Convention), signed at Ottawa, 
Ontario, on March 2, 1953, as amended by a Protocol Amending the 
Convention (signed at Washington, DC, on March 29, 1979). For the 
United States, regulations governing the fishery for Pacific halibut 
developed by the IPHC are subject to acceptance by the Secretary of 
State with concurrence from the Secretary of Commerce. After acceptance 
by the Secretary of State and the Secretary of Commerce, NMFS publishes 
the IPHC regulations in the Federal Register as annual management 
measures pursuant to 50 CFR 300.62. The final rule implementing IPHC 
regulations for 2015 published on March 17, 2015 (80 FR 13771).
    Section 773c(c) of the Halibut Act also provides the Council with 
authority to develop regulations that are in addition to, and not in 
conflict with, approved IPHC regulations. The Council has exercised 
this authority in the development of Federal regulations for the 
halibut fishery such as (1) Subsistence halibut fishery management 
measures, codified at Sec.  300.65; (2) the limited access program for 
charter vessels in the guided sport fishery, codified at Sec.  300.67; 
and (3) the Individual Fishing Quota (IFQ) Program for the commercial 
halibut and sablefish fisheries, codified at 50 CFR part 679, under the 
authority of section 773 of the Halibut Act and section 303(b) of the 
Magnuson-Stevens Act.
    In recent years, catch limits for the commercial halibut fishery in 
the BSAI have declined in response to changing halibut stock conditions 
while limits on the maximum amount of halibut bycatch allowed in the 
groundfish fisheries have remained constant. The proposed rule would 
reduce halibut bycatch limits, also referred to as halibut PSC limits, 
in the BSAI groundfish fisheries. This proposed reduction in halibut 
PSC limits is consistent with the requirements of the Magnuson-Stevens 
Act to minimize bycatch to the extent practicable while achieving, on a 
continuing basis, optimum yield from the groundfish fisheries. This 
section of the preamble provides background on the halibut resource, 
halibut management, the halibut fisheries, and halibut bycatch in the 
groundfish fisheries in the BSAI. The following two sections describe 
the rationale and impacts of Amendment 111 and the proposed rule.
    This preamble cites the most recent available data consistent with 
the Analysis prepared to support this action. The most recent data 
available varies depending on the specific data source. The Analysis 
and this preamble use (1) data through 2015 for information on 
commercial halibut fishery catch limits, (2) data through 2014 for 
information on the halibut stock and halibut PSC use, and (3) data 
through 2013 for information on commercial halibut harvests and revenue 
and groundfish fisheries harvests and revenue.
    The Analysis and this preamble describe the potential impacts on 
the halibut stock and commercial, personal use, sport, and subsistence 
halibut fisheries in terms of net pounds instead of metric tons. This 
is a long-standing practice by the IPHC because the IPHC measures 
biomass and directed fishery removals in terms of net weight in pounds 
(i.e., halibut that is headed and gutted) and not metric tons. The 
calculation of net pounds used by the IPHC adjusts the total weight of 
removals in pounds by reducing the total weight by 25 percent to 
calculate net weight in pounds. The Analysis uses metric tons when 
describing groundfish catch, halibut PSC limits, and the amount of 
halibut bycatch (PSC) used in the groundfish fisheries. This is 
consistent with a long-standing practice by NMFS.

A. The Halibut Resource

1. Status of the Halibut Stock
    The IPHC assesses the status of the Pacific halibut stock at a 
coastwide level from California to the Bering Sea. Each year, the IPHC 
estimates the amount of exploitable biomass. Exploitable biomass is 
composed of halibut that are 26 inches in length or greater (O26), the 
size of fish that are accessible to fishing gear used in the IPHC 
halibut stock survey and in the halibut fisheries. From 2000 through 
2010, exploitable biomass declined primarily as a result of decreasing 
size at age and smaller recruitments than those observed through the 
1980s and 1990s. Since 2011, the exploitable biomass has been 
increasing slightly from a recent low of approximately 175 million 
pounds in 2011 to approximately 180 million pounds in 2015 (see Table 
3-1 in Section 3.1.1.1 of the Analysis).
    Annually, the IPHC also assesses female spawning biomass, another 
important indicator of the status of the halibut stock. Female spawning 
biomass is composed of female halibut of reproductive size. Generally, 
this includes female halibut that are O26, but a small proportion of 
the female spawning biomass includes female halibut less than 26 inches 
in length (U26). Female spawning biomass is considered an important 
indicator of the long-term reproductive health of the halibut resource. 
Since 2013, the estimated female spawning biomass appears to have 
stabilized near 200 million pounds. The stock assessment models used by 
the IPHC in 2015 project a stable or slightly increasing female 
spawning biomass over the next 3 years assuming current removal rates 
from all sources (see Table 3-4 in Section 3.1.2.1 of the Analysis).
    Collectively, the current status of exploitable biomass and female 
spawning biomass indicate that the halibut stock is stable or 
potentially increasing slightly in overall abundance. Section 3.1.1 of 
the Analysis provides additional detail on the current and projected 
status of halibut exploitable biomass and female spawning biomass.
    It is important to note that halibut is not a groundfish species 
under the FMP and therefore is not subject to the provisions of the 
Magnuson-Stevens Act requiring the establishment of an annual 
overfishing limit (OFL), an acceptable biological catch (ABC), or a 
total allowable catch (TAC) limit. The OFL represents a level of 
removals that cannot be exceeded without jeopardizing the 
sustainability of the stock. The ABC represents the maximum permissible 
harvest and is less than the OFL. The TAC represents the actual 
permissible catch limit. The TAC may be set equal to or less than the 
ABC; the TAC cannot exceed the ABC. The OFL and ABC are biologically-
based harvest limits that are not to be exceeded. After the OFLs and 
ABCs are established, the Council recommends and NMFS implements annual 
TACs (see Section 3.2.3 of the FMP for a description of the process for 
specifying OFLs, ABCs, and TACs for groundfish fisheries in the BSAI).

[[Page 71652]]

    Although halibut is not managed under an OFL, ABC, or TAC, the IPHC 
has developed policy to control removals during conditions of declining 
or poor stock abundance. The IPHC harvest policy includes a harvest 
control rule that reduces commercial harvest rates linearly if the 
stock is estimated to have fallen below established thresholds for 
female spawning biomass. These harvest control rules would severely 
curtail removals during times of particularly poor stock conditions. 
These harvest control rules have not been triggered, even during the 
most recent years of relatively low exploitable biomass (see Section 
3.1.1.1 and Section 3.1.2.1 of the Analysis).
    The best available information from the most recent halibut stock 
assessment indicates that the halibut female spawning biomass (SB) is 
estimated to be 42 percent of the equilibrium condition in the absence 
of fishing (SB42%). A female spawning biomass of 
SB42% represents a 1 out of 10 chance that the stock is 
below 42 percent of the equilibrium condition in the absence of 
fishing. Removals at this level of female spawning biomass are 
generally considered to represent a conservative and risk-averse level 
of removals in federally-managed groundfish fisheries in the BSAI off 
Alaska (see Section 3.1.1.1 of the Analysis). A level of 
SB42%, is significantly above the IPHC's harvest control 
rule thresholds that trigger additional restrictions on the commercial 
halibut fishery during times of poor stock status. IPHC's harvest 
control rules trigger reductions in halibut harvest rates at thresholds 
of SB30% and SB20%. The best available data 
indicate that at current levels of removals, the halibut biomass would 
be expected to be stable, and well above the thresholds established by 
the IPHC. Additional information on the anticipated impacts of the 
proposed rule on the status of halibut stock is provided in Sections 
3.1.1.1 and 3.1.5.3 of the Analysis.
2. Halibut Removals
    Total annual removals of halibut from all sources at the coastwide 
level have been low in recent years compared to historical total annual 
removals. Total annual halibut removals include harvests in the 
commercial, personal use, sport, and subsistence fisheries, as well as 
bycatch and wastage (i.e., bycatch in the commercial halibut fishery). 
From 2000 through 2010, total halibut removals averaged 90 million 
pounds and were as high as almost 100 million pounds in 2004 and 2005. 
Total annual removals averaged 50 million pounds from 2011 through 
2014. The relatively low levels of total removals in recent years 
(i.e., from 2011 through 2014) of approximately 50 million pounds 
correspond with declining exploitable biomass, from the late 1990s to 
around 2010. See Section 3.1.3 and 3.1.4 in the Analysis for additional 
information on halibut removals.
    The commercial fisheries for halibut are the largest source of 
coastwide removals, accounting for an average of 62 percent (31 million 
pounds) of total removals from 2011 through 2014. Removals from 
personal use, sport and subsistence fisheries are a much smaller 
component of total coastwide removals, collectively averaging 16 
percent of total removals from 2011 through 2014. Overall, the total 
amount and proportion of commercial removals has varied with 
exploitable biomass, increasing as exploitable biomass increases and 
decreasing as exploitable biomass decreases. The total amount of 
personal use, sport, and subsistence removals has been relatively 
constant since 2011, but the proportion of personal use, sport and 
subsistence removals has increased as the exploitable biomass and 
commercial removals have decreased.
    Bycatch is the second largest component of total coastwide removals 
and averaged 19 percent of total removals from 2011 through 2014. 
Bycatch of halibut in groundfish fisheries averaged 9.4 million pounds 
coastwide from 2011 through 2014. Although bycatch represents the 
second largest source of halibut removals, the total tonnage of bycatch 
removals in recent years (i.e., 2011 through 2014) is at its lowest 
level since 1990 (see Figure 3-11 in Section 3.1.3 and Table 3-18 in 
Section 3.1.4 of the Analysis). From 2011 through 2014, halibut bycatch 
removals ranged from a high of 10.1 million pounds in 2012 to a low of 
8.9 million pounds in 2013. The majority of halibut bycatch coastwide 
is taken in groundfish fisheries in the Alaska EEZ, mostly in the BSAI 
groundfish fisheries. From 2011 through 2014, halibut bycatch in the 
BSAI represented on average 58 percent of the total coastwide halibut 
bycatch, and 10 percent of the total coastwide removals of halibut (see 
Table 3-10 in Section 3.1.3.3 and Table 3-18 in Section 3.1.4 of the 
Analysis).
3. Allocation of Halibut Among Fisheries
    Pacific halibut is allocated among fisheries by a combination of 
management actions taken by the IPHC, the Council, and NMFS. The IPHC 
annually completes a halibut stock assessment and makes recommendations 
for annual management measures for the halibut fishery within 
Convention waters. These annual management measures include specific 
regulations governing the commercial halibut fishery, including area-
specific catch limits, authorized gear, and fishing season dates. In 
the United States, the IPHC recommendations are subject to acceptance 
by the Secretary of State and the Secretary of Commerce, as described 
above in the ``Authority for Action'' section of this preamble. See 
Section 3.1.2 of the Analysis and the 2015 annual management measures 
for additional information on the process for establishing commercial 
halibut fishery catch limits (80 FR 13771, March 17, 2015).
    Although the halibut stock is assessed at a coastwide level, 
commercial catch limits are established for each IPHC regulatory area 
(Area). Area 2 is composed of Area 2A (Washington, Oregon, and 
California); Area 2B (British Columbia); and Area 2C (Southeast 
Alaska). Area 3 is composed of Area 3A (Central Gulf of Alaska); Area 
3B (Western Gulf of Alaska); and Area 4 (BSAI) composed of Areas 4A, 
4B, 4C, 4D and 4E. The IPHC combines Areas 4C, 4D, and 4E into Area 
4CDE for purposes of establishing a commercial fishery catch limit. 
Areas 4A and 4C, 4D, and 4E roughly correspond to the Bering Sea 
Subarea defined in the FMP. Area 4B roughly corresponds to the Aleutian 
Islands Subarea in the FMP. Area 4CDE encompasses most of the Bering 
Sea Subarea in the FMP. See Figure 15 in Part 679 and Table 1-1 in 
Section 1.5 of the Analysis for Area maps and additional information on 
halibut and groundfish management areas in the BSAI.
    The IPHC has developed a harvest policy and area apportionment 
model for determining commercial halibut fishery catch limits in all 
Areas. Under the harvest policy and area apportionment model, the total 
amount of allowable halibut harvest (called the Total Constant 
Exploitation Yield) is designated for each Area. The IPHC deducts all 
removals other than commercial fishery harvests (i.e., bycatch, 
personal use, sport, subsistence, and wastage) that are greater than 26 
inches in length (O26) from the Total Constant Exploitation Yield. The 
resulting amount of halibut is called the Fishery Constant Exploitation 
Yield. The Fishery Constant Exploitation Yield is more commonly known 
as the ``blue line catch limit.'' However, the IPHC is not required to 
select the blue line catch limit as the annual commercial catch limit 
for an Area. The IPHC has the

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discretion on an annual basis to select a commercial catch limit that 
is greater than or less than the blue line catch limit (i.e., the 
Fishery Constant Exploitation Yield).
    The IPHC considers the blue line catch limit along with information 
on different levels of harvest above and below the blue line catch 
limit to accommodate greater flexibility when selecting commercial 
catch limits. The IPHC utilizes a decision table that estimates the 
consequences to halibut stock, fishery status, and trends from a range 
of commercial catch limits at, above, and below the blue line catch 
limit (see Table 3-4 in Section 3.1.2.2 of the Analysis). This decision 
table accommodates uncertainty in the stock status and allows the IPHC 
to weigh the risk and benefits of management choices as it sets the 
annual commercial catch limits. For example, the IPHC consistently 
considers the socioeconomic impacts of different commercial catch 
limits in an Area on fishery participants. In some instances, the IPHC 
has recommended an area-specific commercial catch limit that is greater 
than the blue line catch limit to prevent adverse economic impacts from 
reduced harvest levels for fishery participants and fishing communities 
dependent on the fishery.
    The flexibility that the IPHC has in setting commercial catch 
limits is demonstrated in the difference between the commercial catch 
limits relative to the blue line catch limits derived from application 
of its harvest policy. From 2006 (the first year the IPHC adopted its 
harvest policy) through 2015, the IPHC coastwide commercial catch limit 
recommendation exceeded the combined blue line catch limits for all 
Areas in 7 of the 10 years; and Area-specific commercial catch limits 
have exceeded blue line catch limits in all Areas at least once, and 
for some Areas, in most years over the past 10 years (see Table 3-5 in 
Section 3.1.2.2 of the Analysis).
    Although the IPHC has adopted commercial catch limits greater than 
the blue line catch limit in most years, the halibut stock has not 
fallen to levels that reach the harvest control rule thresholds 
described in the ``Status of the Halibut Stock'' section of this 
preamble. Although neither the blue line catch limit derived from the 
IPHC's harvest policy, nor any commercial catch limit adopted by the 
IPHC is the same as an OFL, ABC, or TAC used for management of 
groundfish fisheries in Alaska, Section 3.1.1.1 of the Analysis notes 
that ``in the last four years, there is no information to suggest that 
halibut is subject to `overfishing' as that term is commonly applied to 
stocks managed under the Magnuson-Stevens Act.'' For a more complete 
description of the IPHC process for establishing commercial catch 
limits, see Section 3.1.2.2 of the Analysis.
    Under IPHC harvest policy, the amount of bycatch (including wastage 
in the commercial fishery) in an Area can affect the amounts of halibut 
available for harvest in commercial, personal use, sport, and 
subsistence fisheries in future years. Bycatch includes O26 and U26 
halibut. The proportion of bycatch comprised of O26 and U26 halibut 
varies by Area. Under the current IPHC harvest policy, halibut bycatch 
in an Area that is O26 is deducted from the amount of halibut available 
for the commercial fishery. Therefore, reductions in the amount of O26 
bycatch could provide an opportunity to increase the commercial catch 
limits for that Area in the year following the reduction.
    The amount of U26 bycatch in the groundfish fishery or U26 wastage 
in the commercial halibut fishery could impact future harvests in 
commercial halibut fisheries and in personal use, sport, and 
subsistence use fisheries in all Areas coastwide. This is due to the 
migration of U26 halibut among Areas. Although information on the 
migration of U26 halibut on a coastwide basis is limited, the best 
available information indicates that a portion of the U26 halibut in 
Area 4 migrate in a southward pattern through the Gulf of Alaska (Areas 
3B and 3A), Southeast Alaska (Area 2C), British Columbia (Area 2B), and 
ultimately to the west coast of the United States (Area 2A). Therefore, 
reducing U26 halibut removed as bycatch in Area 4 would be expected to 
contribute to the exploitable biomass in various Areas as these halibut 
grow to a size where they can reproduce and become available for 
harvest in halibut fisheries in future years in Area 4 and elsewhere 
along the coast. Section 3.1.3.5 of the Analysis contains additional 
information on the proportions of halibut bycatch that are O26 and U26 
by Area. Section 3.1.1.2 of the Analysis contains additional 
information on the distribution and migration of halibut among Areas.

B. Halibut Fisheries in the BSAI

    IPHC and NMFS regulations authorize the harvest of halibut in 
commercial, personal use, sport and subsistence fisheries only by hook-
and-line gear. In the BSAI (Area 4), halibut is harvested primarily in 
commercial fisheries and secondarily in personal use, subsistence, and 
sport fisheries. Based on recent harvest data from 2011 through 2014, 
the sport fishery operating out of ports in the BSAI harvests 
approximately 20,000 pounds in Area 4 compared to approximately 40,000 
pounds of personal use and subsistence harvest from Area 4, and more 
than 3,000,000 pounds in the Area 4 commercial fishery. Given the 
limited sport harvest in Area 4 and that this action is not likely to 
impact the sport fishery, this preamble does not address the sport 
fishery in additional detail. See Sections 3.1.2 and 3.1.4 of the 
Analysis for additional detail on personal use, sport, subsistence, and 
commercial halibut harvests in Area 4.
    Subsistence halibut is caught by a rural resident or a member of a 
federally-recognized Alaska Native tribe for direct personal or family 
consumption as food, sharing for personal or family consumption as 
food, or customary trade. Pursuant to section 773c(c) of the Halibut 
Act, the Council developed, and NMFS implemented, the Subsistence 
Halibut Program to manage subsistence harvests in Alaska. Persons 
fishing for subsistence halibut must obtain a Subsistence Halibut 
Registration Certificate. Special permits for community harvest, 
ceremonial, and educational purposes also are available to qualified 
Alaska communities and federally-recognized Alaska Native tribes. A 
complete description of the Subsistence Halibut Program is provided in 
the final rule to implement the program (68 FR 18145, April 15, 2003).
    In addition to subsistence harvest, IPHC annual management measures 
allow halibut caught in the commercial halibut fishery that are less 
than the legal size limit of 32 inches to be retained for personal use 
in the Area 4D and 4E CDQ halibut fishery as long as the fish are not 
sold or bartered. The CDQ groups are required to report the amount of 
personal use halibut retained during the CDQ halibut fishery to the 
IPHC. Section 3.1.4.4 of the Analysis contains a description of the 
personal use fishery.
    The commercial halibut fishery in the BSAI is managed under the IFQ 
and CDQ Programs that allocate exclusive harvest privileges. The IFQ 
Program was implemented in 1995 (58 FR 59375, November 9, 1993). The 
Council and NMFS designed the IFQ Program to end a wasteful and unsafe 
``race for fish,'' and maintain the social and economic character of 
the fixed-gear fisheries and the coastal fishing communities where many 
of these fisheries are based. Access to the halibut and sablefish 
fisheries is limited to those persons holding quota share (QS). Quota 
shares equate to exclusive harvesting privileges

[[Page 71654]]

that are given effect on an annual basis through the issuance of IFQ 
permits. An annual IFQ permit authorizes the permit holder to harvest a 
specified amount of IFQ halibut or sablefish in a regulatory area.
    The CDQ Program was established in 1992 and amended substantially 
in 2006 (57 FR 54936, November 23, 1992). Under Section 305(i)(1)(D) of 
the Magnuson-Stevens Act, a total of 65 villages are authorized to 
participate in the CDQ Program. Six CDQ groups represent these 
villages. CDQ groups manage and administer allocations of crab, 
groundfish, and halibut and use the revenue derived from the harvest of 
these CDQ allocations to fund economic development activities and 
provide employment opportunities on behalf of the villages they 
represent.
    Section 305(i)(B) of the Magnuson-Stevens Act specifies the 
proportion of crab, groundfish, and halibut in the BSAI allocated to 
the CDQ Program. Section 305(i)(C) of the Magnuson-Stevens Act 
specifies the proportion of the overall CDQ Program allocations 
assigned to each CDQ group. Each year, NMFS publishes the specific 
annual allocations to each CDQ group on the Alaska Region Web site at: 
http://www.alaskafisheries.noaa.gov/cdq/current_historical.htm. The 
amount of halibut for commercial harvest allocated to the CDQ Program 
varies by halibut management area and ranges from 20 to 100 percent of 
the commercial catch limits assigned to Areas 4B, 4C, 4D, and 4E. See 
Section 3.1.4.1 and Section 4.4.6 of the Analysis for additional 
information on the CDQ Program.
    The combined CDQ and IFQ halibut fisheries in Area 4 were harvested 
by, on average, approximately 330 vessels from 2008 through 2013 (see 
Table 4-93 in Section 4.5.2 of the Analysis). The majority of these 330 
vessels participate in the CDQ halibut fishery. Most vessels 
participating in the CDQ halibut fishery use small vessels that make 
relatively small harvests of several hundred or several thousand 
pounds. Fewer vessels participate in the IFQ fishery, but approximately 
80 percent of the overall halibut harvest in Area 4 comes from vessels 
participating in the IFQ fishery (see Section 4.5.1 of the Analysis for 
additional detail).
    The CDQ and IFQ halibut fisheries provide revenue to vessel owners 
and crew members that harvest halibut. These fisheries also provide 
economic benefits to shorebased halibut processors and socioeconomic 
benefits to BSAI fishing communities that provide support services to 
the halibut harvesting and processing sectors. The Analysis estimates 
that halibut harvests in the Area 4 CDQ and IFQ fisheries averaged 6.8 
million pounds and generated an average of $32 million in ex-vessel 
revenues annually from 2008 through 2013. Area 4 halibut harvests and 
ex-vessel revenues declined over this period, resulting in negative 
economic impacts for fishery participants and affected fishing 
communities.
    Since 2008, the Area 4 catch limit has declined by 63 percent from 
the peak catch limit of 8.85 million pounds in 2008 to a low of 3.28 
million pounds in 2014. The 2015 Area 4 commercial catch limit has 
increased slightly from the recent low in 2014 to 3.82 million pounds. 
In 2008, the Area 4 commercial ex-vessel value peaked at $38 million. 
In 2013, Area 4 commercial ex-vessel value was at its lowest at $18 
million. The declines in commercial catch limits have been greatest in 
Area 4CDE. In Area 4CDE, the commercial halibut fishery catch limit 
declined by 67 percent from the peak catch limit of 3.89 million pounds 
in 2008 to a low of 1.285 million pounds in 2014 and 2015. During this 
period, the IPHC decided to provide additional harvest opportunity in 
Area 4CDE by adopting higher commercial catch limits than would have 
resulted if the IPHC's blue line harvest policy recommendations were 
actually implemented. See Section 3.1.4.1, Section 4.5, and Appendix C 
of the Analysis for a complete description of the Area 4 commercial 
halibut fishery and the fishery participants. Additional detail on the 
IPHC's harvest policy and catch limits is provided in Section 3.1.2.1 
of the Analysis.

C. Comparing Commercial Halibut Catch and Halibut Bycatch (PSC) in the 
Groundfish Fisheries in the BSAI

    In Area 4, the specific proportion of removals that are taken as 
bycatch in the groundfish fisheries or as catch in the commercial 
halibut fishery has shifted over time. From 1990 to 1996 (the period 
prior to the recent peak and decline in removals in the halibut 
fishery), the commercial halibut fisheries averaged 37 percent and 
bycatch averaged 60 percent of total halibut removals in Area 4. From 
1997 to 2011 (the period of the greatest increase and subsequent 
decline in the total removals of halibut), the commercial halibut 
fishery removals increased as a portion of total removals; the 
commercial halibut fisheries averaged 57 percent and bycatch averaged 
41 percent of total halibut removals. In more recent years, the 
proportion of halibut removals from the commercial halibut fishery has 
declined. From 2012 through 2014 (the period of recent stability in the 
halibut exploitable biomass), the commercial halibut fishery averaged 
41 percent and bycatch averaged 55 percent of total removals. See 
Figure 3-12 and Section 3.1.3 of the Analysis for additional detail.
    Area 4CDE comprises most of the Bering Sea subarea and historically 
is the portion of Area 4 where the greatest removals of halibut from 
commercial fisheries and bycatch occur (see Figure 3-14 in Section 
3.1.3.3 of the Analysis). From 1990 to 1996, the commercial halibut 
fisheries averaged 23 percent and bycatch averaged 77 percent of total 
halibut removals in Area 4CDE. From 1997 to 2011, commercial halibut 
fishery removals in Area 4CDE increased as a portion of total removals; 
the commercial halibut fisheries averaged 44 percent and bycatch 
averaged 56 percent of total halibut removals in Area 4CDE. In recent 
years, proportion of halibut removals from the commercial halibut 
fishery has declined. From 2012 through 2014, the commercial halibut 
fishery averaged 31 percent and bycatch averaged 68 percent of removals 
in Area 4CDE. See Figure 3-12 in Section 3.1.3.3 of the Analysis.

D. Halibut Bycatch Management in the BSAI Groundfish Fisheries

    The Magnuson-Stevens Act authorizes the Council and NMFS to manage 
groundfish fisheries in the Alaska EEZ that take halibut as bycatch. 
The groundfish fisheries cannot be prosecuted without some level of 
halibut bycatch because groundfish and halibut occur in the same areas 
at the same times and no fishing gear or technique has been developed 
that can avoid all halibut bycatch. However, the Council and NMFS have 
taken a number of management actions over the past several decades to 
minimize halibut bycatch in the BSAI groundfish fisheries.
    Most importantly, the Council has designated Pacific halibut and 
several other species (herring, salmon and steelhead, king crab, and 
Tanner crab) as ``prohibited species'' (Section 3.6.1 of the FMP). By 
regulation, the operator of any vessel fishing for groundfish in the 
BSAI must minimize the catch of prohibited species (Sec.  
679.21(b)(2)(i)).
    Although halibut is taken as bycatch by vessels using all types of 
gear (trawl, hook-and-line, pot, and jig gear), halibut bycatch 
primarily occurs in the trawl and hook-and-line groundfish fisheries. 
NMFS manages halibut bycatch in the BSAI by (1) establishing halibut 
PSC limits for trawl and non-trawl fisheries; (2) apportioning those 
halibut PSC

[[Page 71655]]

limits to groundfish sectors, fishery categories, and seasons; and (3) 
managing groundfish fisheries to prevent PSC from exceeding the 
established limits. The following sections provide additional 
information on the process NMFS uses to establish, apportion, and 
manage halibut PSC limits in the BSAI.
    Consistent with National Standard 1 and National Standard 9 of the 
Magnuson-Stevens Act, the Council and NMFS use halibut PSC limits in 
the BSAI groundfish fisheries to minimize bycatch to the extent 
practicable while achieving, on a continuing basis, optimum yield from 
the groundfish fisheries. Halibut PSC limits in the groundfish 
fisheries provide an additional constraint on halibut PSC mortality and 
promote conservation of the halibut resource. With one limited 
exception described later in this preamble, groundfish fishing is 
prohibited once a halibut PSC limit has been reached for a particular 
sector or season. Therefore, halibut PSC limits must be set to balance 
the needs of fishermen, fishing communities, and U.S. consumers that 
depend on both halibut and groundfish resources.
1. Annual Halibut Bycatch (PSC) Limits and Apportionments of PSC Limits
    The total annual halibut PSC limit in the BSAI is 4,575 metric tons 
(mt) (10.1 million pounds). Of this amount, 3,675 mt is apportioned to 
trawl gear and 900 mt is apportioned to non-trawl gear as specified at 
Sec.  679.21(e). Trawl gear in the BSAI groundfish fisheries includes 
pelagic (midwater) trawl gear and non-pelagic (bottom) trawl gear. Non-
trawl gear in the BSAI groundfish fisheries includes pot, hook-and-
line, and jig gear.
    The halibut PSC limit for trawl gear of 3,675 mt has been unchanged 
since 2000 (65 FR 31105, May 16, 2000). Section 3.6.4 of the FMP and 
Sec.  679.21(e) specify that the halibut PSC limit for trawl gear will 
be apportioned among three groundfish sectors: (1) The CDQ Program 
(also called the CDQ sector in the proposed rule preamble), (2) the 
Amendment 80 sector, and (3) the BSAI trawl limited access sector.
    A portion of the BSAI halibut PSC limit for trawl gear is first 
apportioned for use by the CDQ sector. The CDQ sector comprises all 
trawl and non-trawl vessels that harvest groundfish under the CDQ 
Program. The CDQ sector receives its halibut PSC apportionment as a 
Prohibited Species Quota (PSQ) Reserve (Sec.  679.2). Section 3.7.4.6 
of the FMP and regulations at Sec.  679.21(e) allocate 393 mt of the 
BSAI halibut PSC limit to the groundfish CDQ sector as PSQ Reserve. 
NMFS further apportions the halibut PSQ Reserve to each CDQ group as 
PSQ (Sec.  679.2) in proportion to the percentages specified by NMFS 
(71 FR 51804, August 31, 2006). PSQ serves as a halibut PSC limit for 
BSAI groundfish harvests by each CDQ group.
    Under Sec.  679.21(e)(3)(i)(A) and (e)(4)(i)(A), the halibut PSQ 
Reserve of 393 mt is deducted from the PSC limits established for both 
the trawl sector and the non-trawl sector: 326 mt is deducted from the 
trawl gear halibut PSC limit of 3,675 mt and 67 mt is deducted from the 
non-trawl gear halibut PSC limit of 900 mt. Sections 679.21(e)(3)(i)(A) 
and (e)(4)(i)(A) specify that the PSQ reserve is not further 
apportioned by gear or fishery or season. Therefore, the CDQ groups may 
use their halibut PSQ in any trawl or non-trawl gear groundfish CDQ 
fishery, subject to other requirements in regulation.
    Following the deduction of the halibut PSQ reserve, the BSAI 
halibut PSC limit for trawl gear is further divided between the 
Amendment 80 and BSAI trawl limited access sectors as specified in 
Table 35 to part 679. The Amendment 80 sector is apportioned 2,325 mt. 
This amount is further apportioned to Amendment 80 cooperatives and the 
Amendment 80 limited access fishery, if any vessels elect to 
participate in the limited access fishery for that year. The 
apportionment of halibut PSC to an Amendment 80 cooperative is for 
exclusive use by the vessels participating in that cooperative. The 
method for apportioning halibut PSC between Amendment 80 cooperatives 
and the Amendment 80 limited access fishery is described at Sec.  
679.91(d)(2) and (3). Beginning in 2011, all participants in the 
Amendment 80 sector have participated in Amendment 80 cooperatives. 
Therefore, this preamble describes the harvesting and apportionment of 
halibut PSC to Amendment 80 cooperatives in greater detail.
    The BSAI trawl limited access sector is assigned 875 mt of halibut 
PSC. This amount is further apportioned into PSC allowances among 
fishery categories through the annual harvest specifications process 
for those fishery categories in which BSAI trawl limited access fishery 
vessels participate. These fishery categories are (1) pollock/Atka 
mackerel/``other species'' fishery, (2) Pacific cod fishery, (3) 
rockfish fishery, and the 4) yellowfin sole fishery (80 FR 11919, March 
5, 2015)).
    The Amendment 80 Program established provisions that do not make 
the full amount of the halibut PSC limit available to the trawl sector 
(see Table 35 to part 679). A portion of the PSC limit is left ``in the 
water'' and is not available for use as halibut PSC in the groundfish 
fisheries. Since 2013, the annual amount of halibut PSC limit left in 
the water has been 150 mt. Additional description of the impacts of 
implementation of the Amendment 80 Program on BSAI halibut PSC 
apportionment is provided in the following ``Overview of the BSAI 
Groundfish Sectors'' section of the preamble.
    The BSAI halibut PSC limit for non-trawl gear of 900 mt has been in 
effect since 1993 (58 FR 14524, March 18, 1993). After assigning 67 mt 
for use by the CDQ sector as PSQ Reserve as described above, the 
remaining 833 mt of the non-trawl limit is further apportioned into PSC 
allowances among fishery categories through the annual harvest 
specifications process (80 FR 11919, March 5, 2015). These fishery 
categories are specified in Sec.  679.21(e)(4)(ii) as: (1) Pacific cod 
hook-and-line catcher vessel fishery, (2) Pacific cod hook-and-line 
catcher/processor fishery, (3) sablefish hook-and-line fishery, (4) 
groundfish jig gear fishery, (5) groundfish pot gear fishery, and (6) 
other non-trawl fisheries.
    Section 3.6 of the FMP authorizes the Council to exempt specific 
gear types from the non-trawl halibut PSC limits that are established 
through the annual harvest specifications process. In past annual 
consultations with the Council, NMFS has exempted pot gear, jig gear, 
and the sablefish IFQ hook-and-line gear fishery categories from the 
non-trawl halibut PSC limit. The Council and NMFS have exempted these 
gear types from halibut PSC limits, given the limited amount of halibut 
bycatch that is known to occur by pot and jig gear compared to the 
total halibut PSC use by other gear types. The sablefish IFQ hook-and-
line fishery has not been included based on limited halibut PSC use, 
particularly in the BSAI. Additional rationale for exempting these gear 
types from halibut PSC limits is contained in the final 2015 and 2016 
harvest specifications (80 FR 11919, March 5, 2015).
    Figure 1 shows the process for establishing BSAI annual halibut PSC 
limits for each groundfish sector and the associated halibut PSC limits 
established for 2015 (see Section 2.1 of the Analysis for additional 
information).
BILLING CODE 3510-22-P

[[Page 71656]]

[GRAPHIC] [TIFF OMITTED] TP16NO15.214


[[Page 71657]]


BILLING CODE 3510-22-C
2. Overview of the BSAI Groundfish Sectors
a. Amendment 80 Sector
    The Amendment 80 sector comprises trawl catcher/processors in the 
BSAI active in groundfish fisheries other than Bering Sea pollock 
(i.e., the head-and-gut fleet or Amendment 80 vessels). The Amendment 
80 species are the following six species: BSAI Atka mackerel, Aleutian 
Islands Pacific ocean perch, BSAI flathead sole, BSAI Pacific cod, BSAI 
rock sole, and BSAI yellowfin sole (Sec.  679.2). The Amendment 80 
Program allocates a portion of the TACs of the Amendment 80 species 
between the Amendment 80 Program and other trawl fishery participants 
(72 FR 52668, September 14, 2007). The Amendment 80 Program also 
allocates crab and halibut PSC limits to constrain bycatch of these 
species while Amendment 80 vessels harvest groundfish. Fishing under 
the Amendment 80 Program began in 2008.
    The Amendment 80 Program allocated QS for Amendment 80 species 
based on the historical catch of these species by Amendment 80 vessels. 
The Amendment 80 Program allows and facilitates the formation of 
Amendment 80 cooperatives among QS holders who receive an exclusive 
harvest privilege. This exclusive harvest privilege allows Amendment 80 
cooperative participants to collaboratively manage their fishing 
operations and more efficiently harvest groundfish and PSC allocations.
    The Amendment 80 sector can be divided between vessels that focus 
primarily on flatfish (i.e., Alaska plaice, arrowtooth flounder, 
flathead sole, rock sole, and yellowfin sole) and those vessels that 
focus on Atka mackerel. In 2013, eleven Amendment 80 vessels focused on 
flatfish targets. Eight vessels focused on targeting Atka mackerel. The 
flatfish-focused vessels have higher rates of halibut bycatch than the 
Atka mackerel vessels. Section 4.4.2 of the Analysis provides detailed 
information on Amendment 80 sector participants, harvests, and revenues 
in the BSAI groundfish fisheries.
    Annually, each Amendment 80 QS holder elects to participate either 
in a cooperative or the limited access fishery. Participants in the 
limited access fishery do not receive an exclusive harvest privilege 
for a portion of the TACs allocated to the Amendment 80 Program. 
Beginning in 2011, all QS holders have participated in one of two 
Amendment 80 cooperatives. For additional detail see Amendment 80 
Cooperative Reports available on the NMFS Alaska Region Web site, 
http://alaskafisheries.noaa.gov/sustainablefisheries/amds/80/default.htm.
    As specified in Section 3.7.5.2.1 of the FMP and at Sec.  679.91, 
NMFS annually establishes a halibut PSC limit of 2,325 mt for the 
Amendment 80 sector. This halibut PSC limit is apportioned between 
Amendment 80 cooperatives and the limited access fishery according to 
Sec.  679.91. Amendment 80 cooperatives are responsible for 
coordinating fishing activities to ensure the cooperative halibut PSC 
allocation is not exceeded. Section 679.91(h)(3)(xvi) prohibit each 
Amendment 80 cooperative from using halibut PSC in excess of the amount 
specified on its annual Amendment 80 Cooperative Quota permit. The 
regulations further specify that each member of the Amendment 80 
cooperative is jointly and severally liable for any violations of the 
Amendment 80 Program regulations while fishing under the authority of 
an Amendment 80 Cooperative Quota permit.
    In a year when there are vessels participating in the Amendment 80 
limited access fishery, NMFS apportions the halibut PSC limit for the 
Amendment 80 limited access fishery into PSC allowances for the 
following six trawl fishery categories in which the vessels could 
participate: (1) Yellowfin sole fishery, (2) rock sole/flathead sole/
``other flatfish'' fishery, (3) Greenland turbot/arrowtooth flounder/
Kamchatka flounder/sablefish fishery, (4) rockfish fishery, (5) Pacific 
cod fishery, and (6) pollock/Atka mackerel/``other species'' fishery, 
which includes the midwater pollock fishery (see Sec.  
679.21(e)(3)(i)(B), (e)(3)(ii)(C), and (e)(3)(iv)).
    NMFS manages the Amendment 80 limited access fishery halibut PSC 
allowances because participants in the Amendment 80 limited access 
fishery do not have exclusive privileges to use a specific amount of 
halibut PSC. To manage halibut PSC, NMFS monitors participation and PSC 
use in the Amendment 80 limited access fishery categories. Except for 
the pollock/Atka mackerel/``other species'' fishery, NMFS has the 
authority to close a trawl fishery category in the Amendment 80 limited 
access fishery if NMFS concludes that the fishery category will, or 
has, exceeded its halibut PSC allowance. A halibut PSC allowance is 
enforced through the prohibition against conducting any fishing 
contrary to notification of inseason action, closure, or adjustment 
(Sec.  679.7(a)(2)). The regulations establishing the exception for the 
pollock/Atka mackerel/``other species'' fishery are explained below in 
the section ``BSAI Trawl Limited Access Sector.''
    Section 2.2.1 of the Analysis and the final rule implementing the 
Amendment 80 Program provide more detailed information on the process 
NMFS uses to assign Amendment 80 species and halibut PSC to each 
Amendment 80 cooperative and the Amendment 80 limited access fishery 
(72 FR 52668, September 14, 2007). The allocations of Amendment 80 
species TACs and apportionments of halibut PSC to each of the Amendment 
80 cooperatives are provided in the final 2014 and 2015 harvest 
specifications for the BSAI groundfish fisheries (80 FR 11919, March 
05, 2015).
    The Amendment 80 groundfish fisheries provide revenue to Amendment 
80 vessel owners and crew members that harvest and process groundfish. 
In addition, the fisheries provide socioeconomic benefits to fishing 
communities that provide support services for Amendment 80 vessel 
operations. Amendment 80 groundfish harvests in the BSAI averaged 
328,000 mt and generated $325 million in wholesale revenues annually 
from 2008 through 2013. Three groundfish species provided over three-
quarters of the wholesale revenue for the Amendment 80 fleet from 2008 
through 2013: yellowfin sole (38 percent of total revenue), Atka 
mackerel (20 percent), and rock sole (19 percent).
b. BSAI Trawl Limited Access Sector
    The BSAI trawl limited access sector comprises all the trawl 
vessels in the BSAI except Amendment 80 catcher/processors. From 2008 
to 2013, 141 vessels participated in the BSAI trawl limited access 
sector: 99 American Fisheries Act (AFA) catcher vessels that primarily 
target pollock and also fish for Pacific cod; 17 AFA catcher/processors 
that primarily target pollock and also fish for yellowfin sole and 
Pacific cod; and 25 non-AFA catcher vessels that primarily target 
Pacific cod and yellowfin sole, with some also targeting Atka mackerel 
and Pacific ocean perch (see Section 4.4.3 of the Analysis for 
additional detail).
    The AFA is a limited access program for Bering Sea pollock 
implemented by statute in 1998 (Public Law 105-277, 16 U.S.C.A. 
statutory note). The AFA specified eligible vessels, established sector 
allocations of pollock, and allowed vessels to form cooperatives. All 
AFA catcher vessels and catcher/processors participate in the pollock 
fishery through cooperatives. The pollock fishery accounts for 64 
percent of all groundfish harvests in the BSAI but takes a relatively 
small proportion of

[[Page 71658]]

halibut bycatch, averaging only 8 percent of total halibut bycatch in 
the BSAI from 2008 through 2013.
    The BSAI trawl limited access sector is a limited access sector 
because vessels must have a License Limitation Program (LLP) groundfish 
license to conduct directed fishing for any groundfish in BSAI (see 
Sec.  679.4(k)(1)). The LLP is a limited access program because a 
limited number of licenses are issued and a person only received an LLP 
license if that person met specific eligibility requirements. However, 
the LLP does not allocate exclusive harvest privileges for a specific 
portion of a fishery TAC like the Amendment 80 Program does for the six 
Amendment 80 species or like the AFA does for Bering Sea pollock. Thus, 
for all species but pollock, vessels in the BSAI trawl limited access 
sector are in competition with other participants to maximize their 
harvest of target species before they reach either their halibut PSC 
limits, or in the case of Bering Sea pollock, Chinook salmon PSC 
limits.
    As specified in Section 3.7.5.2.1 of the FMP and at Sec.  679.91, 
NMFS annually establishes a halibut PSC limit of 875 mt for the BSAI 
trawl limited access sector. This halibut PSC limit of 875 mt is 
apportioned to fishery categories through the annual harvest 
specification process. NMFS apportions this sector's PSC limit into PSC 
allowances among the following trawl fishery categories: (1) Yellowfin 
sole fishery, (2) rock sole/flathead sole/``other flatfish'' fishery, 
(3) Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish 
fishery, (4) rockfish fishery, (5) Pacific cod fishery, and (6) 
pollock/Atka mackerel/``other species'' fishery, which includes the 
midwater pollock fishery. For additional detail see Table 16 in the 
2015 and 2015 final harvest specifications (80 FR 11919, March 5, 2015) 
and Sec.  679.21(e)(3)(i)(B), (e)(3)(ii)(C), and (e)(3)(iv)).
    After NMFS establishes PSC allowances for these trawl fishery 
categories, NMFS may, through the annual harvest specification process, 
further apportion the allowances by season, according to criteria 
specified in regulation (Sec.  679.21(e)(5)). NMFS apportions some 
halibut PSC allowances in specific groundfish fisheries by season to 
ensure that a portion of the halibut PSC allowance for that fishery is 
available for use earlier in the year and a portion of the halibut PSC 
allowance remains to support groundfish fishing in that fishery that 
occurs later in the year. The limits assigned to each season for a 
groundfish fishery reflect halibut PSC likely to be taken during that 
season in that fishery.
    In general, the PSC regulations state that if NMFS determines that 
any of these trawl fisheries will reach the PSC allowance for that 
fishery (or a seasonal apportionment of an allowance), NMFS closes that 
trawl fishery in the BSAI for the rest of the year, or, if applicable, 
for the rest of the season (Sec.  679.21(e)(7)(v)). NMFS has authority 
under current regulations to close the following trawl fisheries if 
they will reach their halibut PSC allowance: (1) Yellowfin sole 
fishery, (2) rock sole/flathead sole/``other flatfish'' fishery, (3) 
Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish 
fishery, (4) rockfish fishery, and (5) Pacific cod fishery (Sec.  
679.21(e)(7)(v)). For example, in May 2014, NMFS closed the yellowfin 
sole fishery throughout the BSAI to prevent that fishery from exceeding 
its halibut PSC allowance (79 FR 29136, May 21, 2014). The Pacific cod 
and yellowfin sole fisheries are the primary fisheries that can be 
constrained by halibut PSC limits in the BSAI trawl limited access 
sector.
    The regulations include an exception for the pollock/Atka mackerel/
``other species'' fishery category. If the pollock/Atka mackerel/
``other species'' fishery category will reach its halibut PSC 
allowance, NMFS does not have the authority to close the pollock/Atka 
mackerel/``other species'' fishery category. This is the result of the 
interaction of several regulations. As noted previously, NMFS must 
count all halibut PSC in the midwater pollock fishery category against 
the PSC allowance for the pollock/Atka mackerel/``other species'' 
fishery category (Sec.  679.21(e)(3)(ii)(C)). By a regulation adopted 
in 1992, if the PSC allowance for the pollock/Atka mackerel/``other 
species'' category will be reached, NMFS only has authority to close 
directed fishing for pollock to trawl vessels using nonpelagic trawl 
gear (57 FR 43926, 43935, September 23, 1992; Sec.  679.21(e)(7)(i)). 
However, in 2000, NMFS prohibited directed fishing for pollock in the 
BSAI with nonpelagic trawl gear at all times and extended that 
prohibition to CDQ sector vessels in 2006 (65 FR 31105, May 16, 2000; 
71 FR 36694, June 28, 2006; Sec.  679.24(b)(4)). Thus, if the halibut 
PSC allowance for the trawl fishery category of pollock/Atka mackerel/
``other species'' will be reached, NMFS does not have authority to take 
additional action. The Council did not recommend, and NMFS did not 
propose, changes in the management of the pollock/Atka mackerel/``other 
species'' fishery.
    Even though NMFS does not have authority to close this fishery, 
halibut PSC use in the pollock/Atka mackerel/``other species'' fishery 
category recently (i.e., 2013 and 2014) was below the amount the PSC 
allowance for this fishery category. Based on recent halibut PSC use, 
NMFS anticipates that halibut PSC in this trawl fishery category would 
not exceed the PSC allowance that would be established for this fishery 
category under this proposed rule in future years. However, if this 
fishery did exceed its PSC allowance, NMFS considers recent halibut PSC 
use each year when it establishes PSC allowances and could increase the 
PSC allowance for this fishery category. But because the regulation 
establishes an overall halibut PSC limit for the BSAI trawl limited 
access sector of 710 mt, an increase in the halibut PSC allowance for 
one fishery category in this sector would be matched by a corresponding 
decrease in the halibut PSC allowance for other fishery category or 
categories in this sector.
    The BSAI trawl limited access fisheries provide revenue to vessel 
owners and crew members that harvest and process groundfish. In 
addition, the fisheries provide socioeconomic benefits to fishing 
communities that provide support services for BSAI trawl limited access 
vessel operations. Groundfish harvests in the BSAI trawl limited access 
fisheries averaged 1 million mt and generated $1.3 billion in wholesale 
revenues from 2008 through 2013. During this period, the pollock 
fishery was 93 percent of the groundfish harvest and wholesale revenue 
for the BSAI trawl limited access sector. The Pacific cod fishery was 4 
percent and the yellowfin sole fishery was 2 percent of the groundfish 
harvest and wholesale revenue for the BSAI trawl limited access sector. 
Section 4.4.3 of the Analysis provides detailed information on 
participants, harvests, and revenues in the BSAI trawl limited access 
sector fisheries.
c. BSAI Non-trawl Sector
    The BSAI non-trawl sector comprises all the non-trawl vessels in 
the BSAI except vessels fishing for groundfish in the CDQ sector. Non-
trawl vessels participating in the CDQ sector are addressed in the 
following section of the preamble. As described in the ``Annual Halibut 
Bycatch (PSC) Limits and Apportionments of PSC Limits'' section of the 
preamble above, the Council and NMFS have exempted pot gear, jig gear, 
and the sablefish IFQ hook-and-line gear fishery categories from 
halibut PSC limits. Because these three fishery categories are 
currently exempted from halibut PSC limits, this section of the 
preamble does not address these fishery categories (see Section 3.1.3.1 
of the

[[Page 71659]]

Analysis for additional detail on the pot gear, jig gear, and the 
sablefish IFQ hook-and-line gear fishery categories).
    From 2008 to 2013, an average of 47 vessels participated in the 
portion of the BSAI non-trawl sector subject to halibut PSC limits: 35 
hook-and-line catcher/processor vessels that primarily targeted Pacific 
cod and to a lesser extent Greenland turbot; and 12 hook-and-line 
catcher vessels that targeted only Pacific cod.
    Hook-and-line catcher/processor vessels that target Pacific cod 
comprise the greatest number of vessels and amount of harvests in the 
non-trawl sector. The Analysis shows that from 2008 through 2013, hook-
and-line catcher/processors harvested more than 98 percent of all of 
the fish harvested by the non-trawl sector. Most of this harvest was 
from the BSAI Pacific cod fishery. The BSAI hook-and-line catcher/
processors harvested 99 percent of the total amount of Pacific cod 
harvested in the BSAI by non-trawl vessels. The BSAI Pacific cod 
fishery comprised 98 percent of total harvests for the hook-and-line 
catcher/processors from 2008 through 2013 (see Sections 4.4.4 and 4.4.5 
of the Analysis). All but one hook-and-line catcher/processor fishing 
in the BSAI participates in a voluntary cooperative, the Freezer 
Longline Conservation Cooperative (FLCC). The FLCC has allowed hook-
and-line catcher/processors to fish as a coordinated group and has 
allowed less efficient vessels to decrease fishing or stop entirely. 
Additional details about the FLCC are provided in Section 4.4.4.8 of 
the Analysis.
    The BSAI non-trawl sector also includes hook-and-line catcher 
vessels that exclusively target Pacific cod. Data from 2008 through 
2013 show that harvests of BSAI Pacific cod comprised 100 percent of 
the total harvests and total revenue for these vessels. The BSAI hook-
and-line catcher vessels targeting Pacific cod harvested 1 percent of 
the total amount of Pacific cod harvested in the BSAI by non-trawl 
vessels from 2008 through 2013. During this period, 42 unique vessels 
participated in the hook-and-line catcher vessel fishery, although the 
number of vessels participating in this fishery has declined from 20 in 
2008 to 11 in 2013 (see Section 4.4.5.1 of the Analysis).
    Some non-trawl vessels also harvest groundfish other than Pacific 
cod, but harvests of these other species are limited. Over the past 
decade, only hook-and-line catcher/processors have participated in the 
other non-trawl fisheries, specifically targeting Greenland turbot. 
Hook-and-line catcher/processor harvested approximately 40 percent of 
the total amount of Greenland turbot harvested in the BSAI from 2008 
through 2013 (see Table 4-10 in Section 4.4.1.6 and Table 4-50 in 
Section 4.4.4.2 of the Analysis). During this time period, 20 unique 
vessels participated in the hook-and-line catcher/processor fishery for 
Greenland turbot, although the number of vessels participating in 
recent years (from 2010 through 2013) has ranged between 13 and 7 each 
year (see Section 4.4.4.1 of the Analysis).
    Under current regulations, the non-trawl sector's PSC limit of 833 
mt is apportioned under the annual harvest specification process. 
Section 679.21(e)(4)(i)(C) specifies that NMFS will apportion the BSAI 
non-trawl sector's PSC limit into PSC allowances ``based on each 
category's proportional share of the anticipated bycatch mortality of 
halibut during a fishing year and the need to optimize the amount of 
total groundfish harvested under the non-trawl halibut PSC limit.'' As 
explained above in ``Annual Halibut Bycatch (PSC) limits and 
Apportionment of PSC limits,'' NMFS has apportioned the PSC limit for 
the BSAI non-trawl sector among three non-trawl fishery categories: (1) 
Pacific cod hook-and-line catcher vessel fishery, (2) Pacific cod hook-
and-line catcher/processor fishery, and (3) other non-trawl fisheries. 
NMFS has the same authority to apportion, by season, the halibut PSC 
allowances among the non-trawl fisheries as it has for the trawl 
fisheries (Sec.  679.21(e)(5)).
    As with trawl fisheries, NMFS manages the halibut PSC allowances 
for the non-trawl fisheries through fishery closures. Section 
679.21(e)(8) specifies that if NMFS concludes that a non-trawl fishery 
will reach its halibut PSC allowance (or a seasonal apportionment of an 
allowance), it will close that non-trawl fishery in the entire BSAI for 
the rest of the year (or the rest of the season).
    The non-trawl fisheries provide revenue to vessel owners and crew 
members that harvest and process groundfish on catcher vessels and 
catcher/processors. In addition, the fisheries provide economic 
benefits to shorebased processors that receive landings of Pacific cod 
from catcher vessels and to fishing communities that provide support 
services for BSAI non-trawl vessel operations. Groundfish harvests in 
the BSAI non-trawl fisheries averaged 116,000 mt and generated $160 
million in wholesale revenues annually from 2008 through 2013. Sections 
4.4.4 and 4.4.5 of the Analysis provides detailed information on 
participants, harvests, and revenues in the BSAI trawl limited access 
groundfish fisheries.
d. CDQ Sector
    The CDQ sector includes all trawl and non-trawl vessels that 
harvest groundfish under the CDQ Program. CDQ vessels primarily target 
pollock using trawl gear and target Pacific cod using hook-and-line 
gear. Other species such as yellowfin sole, several flatfish species, 
Atka mackerel and Pacific ocean perch allocated to the CDQ sector are 
targeted by vessels using trawl gear.
    From 2008 to 2013, 56 vessels participated in the CDQ sector using 
trawl and non-trawl gear to harvest BSAI groundfish, with nearly 60 
percent of the vessels operating in the pollock and Pacific cod target 
fisheries. The pollock fishery accounted for 73 percent of the total 
groundfish harvest in the CDQ sector from 2008 through 2013. Vessels 
participating in the CDQ sector fully harvest the sector's pollock and 
Pacific cod allocations. Vessels participating in the CDQ sector have 
not fully harvested other allocations of groundfish species due to a 
variety of operational factors and choices described in Section 4.4.6 
of the Analysis.
    As specified in Section 3.7.4.6 of the FMP and at Sec.  679.21(e), 
NMFS annually establishes a halibut PSC limit of 393 mt for the CDQ 
sector. The halibut PSC limit is divided among the six CDQ groups by 
established percentages (71 FR 51804 (August 31, 2006). Each CDQ group 
receives an apportionment of this halibut PSC limit as halibut 
prohibited species quota (PSQ), which is a specific amount of halibut 
that vessels fishing for that CDQ group may use in a year. The 
apportionment of halibut PSQ to each CDQ group is similar to the 
apportionment of halibut PSC Cooperative Quota to an Amendment 80 
cooperative. The CDQ group manages the use of its halibut PSQ 
apportionment. The CDQ group has the responsibility to ensure that the 
vessels fishing its CDQ groundfish allocation do not use halibut PSQ in 
excess of the amount of the CDQ group's halibut PSQ. This limit is 
enforced at Sec.  679.7(d)(3), which prohibits a CDQ group from 
exceeding its apportionment of halibut PSQ.
    The CDQ groundfish fisheries provide revenue to CDQ groups that 
receive royalties from leasing their groundfish allocations for harvest 
by vessels that participate in non-CDQ groundfish fisheries. In 
addition, CDQ groundfish harvests provide revenue to vessel owners and 
crew members that harvest and process groundfish on catcher

[[Page 71660]]

vessels and catcher/processors, to shorebased processors that receive 
landings of CDQ groundfish, and to fishing communities that provide 
support services for vessels fishing in CDQ groundfish fisheries. By 
species, the CDQ groundfish allocations that generate revenue for the 
CDQ groups are as follows: 75 percent of wholesale revenue from 
pollock; 15 percent from Pacific cod; 6 percent from yellowfin sole; 
and 4 percent from all other species. Section 4.4.6.1 of the Analysis 
describes the vessels that participate in harvesting the CDQ 
allocations of groundfish.
    From 2008 through 2013, the CDQ sector has consistently harvested 
almost 100 percent of its pollock allocations. The average annual 
pollock harvests from 2008 through 2014 are 112,000 mt resulting in 
$150 million in wholesale revenues. From 2008 through 2013, the CDQ 
sector harvested an average of 60 percent of its non-pollock species 
allocations. During this period, vessels in the CDQ sector averaged 
annual non-pollock groundfish harvests of 42,000 mt and $50 million in 
wholesale revenues. Section 4.4.6 of the Analysis provides detailed 
information on participants, harvests, and revenues in the CDQ 
groundfish fisheries.
    As described in the ``Halibut Fisheries in the BSAI'' section of 
the preamble above, CDQ groups also receive an annual allocation of the 
commercial halibut fishery catch limit recommended by the IPHC. CDQ 
halibut allocations provide revenue to vessel owners and crew members 
that harvest and process halibut, to shorebased processors that receive 
landings of CDQ halibut, and to fishing communities that provide 
support services for vessels fishing in CDQ halibut fisheries. Sections 
4.5.1 and 4.5.2 of the Analysis provide detailed information on 
participants, harvests, and revenues in the CDQ halibut fisheries.
3. Halibut Bycatch (PSC) Use in the BSAI Groundfish Sectors
    The annual halibut PSC limit established for each BSAI groundfish 
sector is an upper limit on halibut PSC in that sector for that year. 
However, the amount of halibut PSC used by a BSAI groundfish sector is 
almost always less than its halibut PSC limit. Halibut PSC use is less 
than the halibut PSC limit due to a wide range of operational factors 
such as the need to avoid a closure or an enforcement action if a PSC 
allocation or allowance is reached. Table 1 shows the halibut PSC limit 
and average halibut PSC use for the Amendment 80, BSAI trawl limited 
access, BSAI non-trawl, and CDQ sectors from 2008 through 2014.

        Table 1--Current BSAI Halibut PSC Limits and Use by BSAI Groundfish Sector From 2008 Through 2014
----------------------------------------------------------------------------------------------------------------
                                                                                      Average         Average
                                                  Current annual                    annual BSAI     annual BSAI
                                                   BSAI halibut       Average       halibut PSC     halibut PSC
                                  Current annual  PSC limit as a    annual BSAI   use from 2008-  use from  2008-
     BSAI Groundfish sector        BSAI halibut   % of the total    halibut PSC   2014 as a % of   2014  as % of
                                  PSC limit  (mt    annual BSAI   use from 2008-   total annual    the  sector's
                                         )          halibut PSC     2014  (mt)     BSAI halibut    BSAI halibut
                                                       limit                          PSC use        PSC limit
 
----------------------------------------------------------------------------------------------------------------
Amendment 80 sector.............           2,325              53           2,047              59              88
BSAI trawl limited access sector             875              20             710              20              81
BSAI non-trawl sector...........             833              19             505              15              61
CDQ sector......................             393               9             215               6              55
                                 -------------------------------------------------------------------------------
    Total for all sectors.......           4,426             100           3,477             100              79
----------------------------------------------------------------------------------------------------------------

    Table 1 shows that the Amendment 80 sector used the largest portion 
of halibut PSC in recent years. The Amendment 80 sector used, on 
average, approximately 60 percent of the total amount of halibut PSC 
used by all BSAI groundfish sectors from 2008 through 2014. The BSAI 
trawl limited access sector used 20 percent, the BSAI non-trawl sector 
used 15 percent, and the CDQ sector used 6 percent of the total amount 
of halibut PSC.
    Table 3-14 in Section 3.1.3.3 of the Analysis shows halibut PSC 
annually for each sector from 2008 through 2014. The Amendment 80 
sector used, on average, 88 percent of its annual halibut PSC limit 
from 2008 through 2014. Halibut PSC use in the Amendment 80 sector 
varies annually, and the sector's use as a percentage of the limit from 
2008 through 2014 ranged from 78 percent in 2011 to 97 percent in 2010.
    The BSAI trawl limited access sector used, on average, 81 percent 
of its annual halibut PSC limit from 2008 through 2014, varying from 55 
percent of the sector limit in 2010 to 110 percent of the sector limit 
in 2012.
    The BSAI non-trawl sector used, on average, 61 percent of its 
annual halibut PSC limit from 2008 through 2014. Like the trawl 
sectors, halibut PSC use in the non-trawl sector varied substantially 
on an annual basis. Almost all of the halibut PSC in the non-trawl 
sector is used by hook-and-line catcher/processors targeting Pacific 
cod. These vessels averaged 98 percent of the total non-trawl halibut 
PSC use from 2008 through 2014. Halibut PSC use in the Pacific cod 
hook-and-line catcher/processor sector has declined since 2010 
following formation of the FLCC. From 2008 through 2014, halibut PSC 
use by the non-trawl sector ranged from 52 percent of the sector limit 
in 2014 to 74 percent of the sector limit in 2008.
    The CDQ sector used, on average, 55 percent of its annual halibut 
PSC limit from 2008 through 2014, varying from 38 percent of the sector 
limit in 2009 to 67 percent of the sector limit in 2013. Halibut PSC 
use in the CDQ sector has typically been much lower than the PSC limit 
due to a variety of operational choices to limit catch of some 
groundfish species, and the methods used by CDQ groups to assign 
halibut PSC when fishing jointly for CDQ and non-CDQ species. Section 
4.4.6.2 of the Analysis describes these factors in greater detail.
    For all sectors, Section 3.1.3.3 of the Analysis describes the 
annual variations in halibut PSC use resulting from changes in 
groundfish TACs and changes in weather, environmental conditions, and 
other factors. Historical halibut PSC use information shows that each 
sector's PSC use has varied annually in response to these changing 
conditions. NMFS anticipates that these annual variations in halibut 
PSC use would continue under the proposed rule.

[[Page 71661]]

III. Rationale and Impacts of Amendment 111 and the Proposed Rule

    Amendment 111 and the proposed rule would reduce the current 
halibut PSC limits for the BSAI groundfish fisheries. Amendment 111 and 
the proposed rule are necessary to minimize halibut bycatch to the 
extent practicable in the BSAI groundfish fisheries, while at the same 
time providing for the long-term sustainable optimum yield from the 
groundfish fisheries. By reducing halibut PSC in the groundfish 
fisheries from current levels, the proposed rule may provide additional 
harvest opportunities in halibut fisheries in the BSAI and, ultimately, 
in other Areas (Areas 2 and 3). This section describes the rationale 
for and the anticipated impacts of the halibut PSC limit reductions 
that would be implemented by the proposed rule.
    In recommending the proposed rule, the Council considered the fact 
that the halibut resource is fully allocated. Recent declines in 
halibut exploitable biomass, particularly in Area 4 in the BSAI, 
underscore the need to minimize bycatch of halibut in the groundfish 
fisheries to the extent practicable. Since the existing BSAI halibut 
PSC limits were established in 2000, the exploitable biomass has 
declined and the commercial halibut sector has experienced decreased 
catch limits as a result (see Section 2.4 of the Analysis).
    Since 2008, the commercial halibut fishery catch limit in the BSAI 
in Area 4 has declined, although the 2015 commercial catch limit in 
Area 4 has increased slightly from the recent low in 2014. The Council 
determined that the proposed rule is necessary because catch limits for 
the commercial halibut fisheries in the BSAI have declined in recent 
years and because the halibut PSC used in the BSAI groundfish fisheries 
has increased as a proportion of total halibut removals.
    In recommending the proposed rule, the Council and NMFS considered 
alternatives that ranged from a 10 percent to a 50 percent reduction in 
halibut PSC limits for each of the four BSAI groundfish sectors: the 
Amendment 80, the BSAI trawl limited access, the non-trawl, and the CDQ 
sectors. The Council and NMFS determined that it was appropriate to 
recommend a PSC limit reduction for each sector to recognize 
differences among the sectors in halibut PSC use and management as well 
as differences in fishery participation, gear and operation type, and 
available tools to further reduce halibut PSC use.
    In making its recommendation, the Council and NMFS also considered 
the national standards in section 301(a) of the Magnuson-Stevens Act. 
This preamble has already described the consideration of National 
Standard 1 (prevent overfishing while ensuring, on a continuing basis, 
optimum yield from the fisheries), and National Standard 9 (minimize 
bycatch, to the extent practicable, and where bycatch cannot be 
avoided, minimize bycatch mortality). Two other national standards were 
particularly relevant to the Council and NMFS in developing Amendment 
111 and the proposed rule: National Standard 8 (provide for the 
sustained participation of fishing communities and to the extent 
practicable, minimize adverse economic impacts on such communities) and 
National Standard 4 (allocation of fishing privileges shall be fair and 
equitable). Section 6.1 of the Analysis provides additional detail on 
the consideration of the national standards. The Council believes, and 
NMFS agrees, that the proposed PSC limit reductions are consistent with 
the national standards.
    The Council and NMFS considered the impacts of alternative ranges 
of halibut PSC limit reductions on (1) the halibut stock, (2) the 
halibut fishery participants and fishing communities that are engaged 
in directed halibut fisheries in the BSAI and in other Areas, and (3) 
the BSAI groundfish fishery participants and fishing communities that 
are engaged in the BSAI groundfish fisheries. The Analysis provides 
detailed information that the Council and NMFS considered for the 
proposed rule.
    After considering these factors, the Council recommended, and NMFS 
proposes, to reduce halibut PSC limits by 25 percent in the Amendment 
80 sector, 15 percent in the BSAI trawl limited access sector, 15 
percent in the non-trawl sector, and 20 percent in the CDQ sector. The 
resulting halibut PSC limits from this proposed reduction would be 
1,745 mt for the Amendment 80 sector; 745 mt for the BSAI trawl limited 
access sector; 710 mt for the BSAI non-trawl sector; and 315 mt for the 
CDQ sector. The following sections of the preamble describe the 
rationale for and impacts of the proposed rule on the halibut stock, 
the directed halibut fishery and fishing communities, and the BSAI 
groundfish fishery participants and fishing communities.

A. Methods for Analysis of Impacts

    In order to analyze the impact of the proposed rule and other 
alternatives considered, the Analysis made two broad assumptions. 
First, the Analysis assumed the IPHC would (1) differentiate halibut 
that are over 26 inches in length (O26) from halibut that are under 26 
inches in length (U26) for purposes of the annual stock assessment and 
for establishing commercial fishery catch limits, and (2) establish the 
blue line catch limit as the commercial fishery catch limit for all 
IPHC areas. The Analysis assumes application of the IPHC harvest policy 
because it represents the stated policies of the IPHC and because 
possible changes in this policy, or the specific commercial catch 
limits that will actually be adopted by the IPHC, cannot be known or 
predicted. As described above in the ``Allocation of Halibut Among 
Fisheries'' section above, the IPHC is not required to apply its 
harvest policy and frequently has deviated from it when adopting annual 
catch limits. However, for purposes of this analysis, assuming 
application of the IPHC harvest policy is the best available method for 
analyzing the effects of Amendment 111 and the proposed rule.
    Second, based on this assumption, the Analysis provides a 
prospective evaluation of the economic impacts of halibut PSC limit 
reductions on halibut fisheries and the groundfish fisheries for ten 
years (2014 through 2023) under two scenarios with different 
assumptions about the ability of fishery participants to coordinate 
harvesting activities to minimize halibut PSC. The ``low impact'' 
scenario assumes that fishery participants are able to coordinate 
harvesting activities to achieve almost optimal efficiency in the use 
of PSC across all sectors. In other words, the impact of halibut PSC 
reductions can be mitigated to the maximum extent practicable through 
well-coordinated sector-wide efforts. The ``high impact'' scenario 
assumes significantly less coordination across the sector and models 
each company operating individually to optimize its PSC use. In other 
words, each company within a sector will attempt to mitigate the impact 
of halibut PSC reductions on their operations, but with less well-
coordinated sector-wide efforts. Section 4.6 of the Analysis details 
the methods used. Based on the Analysis and information provided to the 
Council in public testimony, NMFS determined that the BSAI groundfish 
sectors have varying abilities to optimize efficient use of halibut 
PSC, and it is likely that the actual economic impacts of the proposed 
rule will fall within the range between the low impact and high impact 
scenarios presented in the Analysis.

B. Impacts on the Halibut Stock

    The Council determined, and NMFS agrees, that the proposed rule 
would

[[Page 71662]]

reduce halibut PSC relative to current halibut PSC use. This reduction 
in halibut PSC use is expected to increase the total amount of halibut 
exploitable biomass, and potentially the female spawning biomass. 
Reductions in halibut PSC would be expected to provide additional 
harvest opportunities to commercial, personal use, sport, and 
subsistence halibut fisheries in the BSAI and in other Areas.
    Overall, the Council's recommendation is expected to result in a 
decrease of approximately 361 mt in halibut PSC relative to current 
levels of halibut PSC use (see Section 4.13 of the Analysis). A 
decrease of 361 mt represents approximately a 10 percent decrease in 
total halibut PSC relative to current use. This estimate is based on 
the assumption that the Amendment 80 sector, which is the sector most 
constrained by the proposed halibut PSC limit, would fully use its 
halibut PSC limit of 1,745 mt in each year. As Table 1 of this preamble 
and Section 3.1.3.3 of the Analysis show, the BSAI groundfish sectors 
have consistently used less than their halibut PSC allocations due to 
regulatory and operational limits. Therefore, the actual PSC reduction 
would likely be higher than this estimate.
    The best available information estimates that approximately 64 
percent of the halibut PSC mortality in the BSAI is O26 halibut (see 
Table 4-219 in Section 4.14.1.4 of the Analysis). Assuming that the 
IPHC were to apply its current harvest policy when adopting annual 
catch limits and the proportion of O26 and U26 bycatch remains 
constant, the halibut ``savings'' from reductions in halibut PSC use 
under the proposed rule would be expected to provide an additional 
commercial harvest opportunity in the year following the halibut PSC 
reduction. Therefore, the primary impact of the proposed rule would be 
to provide additional harvest opportunity to the Area 4 commercial 
fishery because most (64 percent) of the bycatch is O26. This result 
would be expected under all of the alternatives to reduce halibut PSC 
limits (from 10 to 50 percent) considered by the Council and NMFS.
    The best available information estimates that approximately 36 
percent of halibut PSC mortality in the BSAI is U26 halibut (see Table 
4-219 in Section 4.14.1.4 of the Analysis). The proposed reductions in 
halibut PSC use would decrease mortality of U26 halibut, which could 
benefit the halibut stock by contributing to the long-term abundance of 
the halibut resource. Ultimately, reductions in U26 bycatch could 
result in additional halibut that can grow and reproduce and then 
ultimately be harvested in the commercial, personal use, sport and 
subsistence fisheries on a coastwide basis. The extent to which a 
decrease in U26 halibut PSC may affect the coastwide female spawning 
biomass is not well-known based on the best available information (see 
Section 3.1.1.2 of the Analysis for additional detail).
    While the impacts of a decrease in U26 halibut mortality on the 
coastwide halibut stock are not well-known, the best available 
information suggests that reductions in U26 halibut PSC under the 
proposed rule are unlikely to impact the long-term abundance of the 
halibut stock. The Analysis estimates that even under the most 
conservative halibut PSC reductions considered by the Council, a 50 
percent reduction of the PSC limits in all four BSAI groundfish 
sectors, the reduction in the amount of U26 halibut PSC would likely 
range from 690,000 pounds to 740,000 pounds. Therefore, even under the 
greatest PSC limit reduction alternatives considered, this reduction 
would represent less than 1 percent of the 2015 coastwide female 
spawning halibut biomass (see Table 3-1 in Section 3.1.1 of the 
Analysis).
    The Council determined, and NMFS agrees, that under the reduction 
in U26 halibut mortality estimated from the proposed rule, a reduction 
estimated to range from 188,000 to 210,000 pounds, the proposed rule 
could result in some conservation benefit compared to the status quo. 
The conservation benefit would be limited because it comprises a small 
proportion of the total female spawning biomass (less than 1 percent of 
the total female spawning biomass). The specific long-term impacts of 
reduced U26 bycatch on potential long-term commercial, personal use, 
sport, or subsistence harvests in a specific Area cannot be predicted 
with certainty given the available information. Some of the factors 
affecting the ability to determine impacts are the variable time 
required for U26 bycatch to grow, reproduce, and become available for 
harvest; changes in halibut stock abundance on a coastwide basis; and 
changes in the distribution of harvestable biomass by area in the 
future. Section 4.14.1.2 of the Analysis reviewed the potential long-
term halibut stock impacts of halibut bycatch reduction measures 
throughout all Areas under a range of assumptions and concluded that 
the overall impact of these reductions was limited on an annual and 10-
year basis. Therefore, under the proposed rule, overall halibut 
mortality would not be expected to change significantly.

C. Impacts on Halibut Fishery Participants and Fishing Communities

    In recommending the proposed rule, the Council and NMFS considered 
the impacts of reducing halibut PSC limits on fishermen and fishing 
communities that depend on the halibut resources in the BSAI and in 
other Areas in Alaska, British Columbia, and the U.S. West Coast, 
including the commercial, personal use, sport, and subsistence 
fisheries (see Section 4.13.3 and 4.14.1 of the Analysis).
    Specifically, the Analysis estimates the potential increases in 
halibut fishery harvests and revenues in Area 4 and in other Areas from 
reduced halibut PSC limits. The proposed reduction in halibut PSC 
limits could benefit participants in the commercial halibut fisheries 
if it results in increased levels of harvestable halibut and increased 
catch limits. Catch limits are not established for the personal use, 
sport, and subsistence halibut fisheries in Area 4, and the proposed 
reduction in halibut PSC limits is not expected to impact halibut 
harvests in those fisheries in the near term, because harvests in 
personal use, sport, and subsistence fisheries are deducted before 
commercial catch limits are established.
    The Analysis estimates that the proposed rule could result in 
increased commercial fishery harvests in Area 4 ranging from 315,000 
pounds to 353,000 pounds each year compared to current levels of 
harvests over the 10-year period used for the Analysis. This increased 
harvest is estimated to provide additional commercial halibut fishery 
revenues ranging from $3.4 million to $3.5 million each year, which 
would total $34 million to $38 million over the 10-year period (see 
Table 4-210 in Section 4.14 of the Analysis). This increased revenue is 
due to the increased availability of O26 and U26 to the commercial 
halibut fishery from the halibut PSC reductions.
    The Analysis estimates that the proposed rule could reduce U26 
bycatch that may provide an additional 64,000 pounds to 72,000 pounds 
of directed halibut harvest annually in Areas outside of Area 4 (i.e., 
Areas 2 and 3). These savings are estimated to provide additional 
halibut revenues to fishery participants ranging from $2.7 million to 
$3 million annually over a 10-year period once the proposed rule is 
implemented. The Analysis notes that these potential benefits would not 
accrue until the halibut have reached a size where they could be 
harvested. The Analysis assumes this will occur from 6 through 10 years 
after the halibut PSC

[[Page 71663]]

savings occur (see Table 4-211 in Section 4.14 of the Analysis).
    The Analysis describes the potential impacts of the proposed rule 
on BSAI coastal fishing communities that participate in the halibut 
fishery, especially in Area 4CDE. Section 4.14.1.3 of the Analysis 
states that the proposed action is likely to provide the greatest 
benefit to fishing communities in the BSAI that are highly dependent on 
halibut as a primary source of revenue for local vessels that 
participate in the commercial fishery. Appendix C to the Analysis 
includes a detailed description of the fishing communities most 
dependent on the halibut resource in the BSAI. Relative to the status 
quo, the proposed rule may provide additional opportunities for fishing 
community residents to harvest halibut by reducing the maximum amount 
of halibut PSC that can be taken in the groundfish fisheries. Although 
additional reductions in halibut PSC limits may provide additional 
harvest opportunities to residents participating in the commercial 
halibut fishery, the benefit to any one community would be limited by 
the distribution of harvest privileges among participants in the IFQ 
and CDQ Programs (see Section 4.14.1.4 of the Analysis for additional 
detail).

D. Impacts on BSAI Groundfish Fishery Participants and Fishing 
Communities

    The Council and NMFS considered the impacts of reduced halibut PSC 
limits on BSAI groundfish sector participants. As discussed in Section 
4.14.2.2 of the Analysis, the Council and NMFS considered a number of 
factors in making the proposed reductions to halibut PSC limits for 
each BSAI groundfish sector. First, the Council and NMFS considered the 
relative amount of halibut PSC in each of the BSAI groundfish sectors. 
Second, the Council and NMFS considered whether a groundfish sector had 
been able to harvest groundfish TACs with lower amounts of halibut PSC 
use than the sector's current limit. Third, the Council and NMFS 
considered the ``tools'' (i.e., changes in fishery operations) 
available to each groundfish sector to adapt to halibut PSC limit 
reductions. Fourth, the Council and NMFS considered the potential 
socioeconomic impacts of reduced halibut PSC limits. As part of this 
last consideration, the Council and NMFS considered both the adverse 
socioeconomic impacts of halibut PSC limit reductions from reduced 
groundfish harvests on BSAI groundfish harvesters and fishing 
communities that participate in groundfish fisheries, as well as the 
potential benefits to the halibut harvesters and fishing communities 
that participate in the halibut fishery. The Analysis provides detailed 
information for each of these factors.
1. Amendment 80 Sector Halibut Bycatch (PSC) Limit Reduction
    The Council recommended, and NMFS proposes, a minimum 25 percent 
reduction in the halibut PSC limit for the Amendment 80 sector. The 
reduction in the halibut PSC limit for the Amendment 80 sector from 
2,325 mt to 1,745 mt is a reduction of 580 mt. The proposed halibut PSC 
limit of 1,745 mt would be a 15 percent reduction from the amount of 
halibut PSC used, on average, by the Amendment 80 sector from 2008 
through 2014. The proposed halibut PSC limit would be a 17 percent 
reduction from Amendment 80 sector halibut PSC use in 2014 (see Section 
3.1.3.3 of the Analysis). This is the largest reduction for any of the 
four groundfish sectors subject to the proposed rule.
    This 1,745 halibut PSC limit would apply to all Amendment 80 
vessels participating in an Amendment 80 cooperative. The Council also 
considered a more restrictive halibut PSC limit that would apply to any 
participants in the Amendment 80 limited access fishery. Because all 
Amendment 80 vessels are assigned to Amendment 80 cooperatives 
currently, and are likely to continue to participate in Amendment 80 
cooperatives in the future, the Council and NMFS anticipate that the 
1,745 mt halibut PSC limit will apply to the entire Amendment 80 
sector. The halibut PSC limit that would apply to participants in the 
Amendment 80 limited access fishery is described later in this 
preamble.
    The Amendment 80 sector uses the largest portion of halibut PSC in 
the BSAI groundfish fisheries: 59 percent from 2008 through 2014 as 
shown in Table 1 in this preamble and in Section 3.1.3.3 of the 
Analysis. Therefore, the proposed halibut PSC limit would be expected 
to have the greatest impact on the Amendment 80 sector relative to the 
other BSAI groundfish sectors.
    The Council and NMFS considered the use of halibut PSC by the 
Amendment 80 sector. On average, the Amendment 80 sector has not used 
the full amount of its halibut PSC allocation as shown above in Table 1 
in this preamble and in Table 3-14 in Section 3.1.3.3 of the Analysis. 
The Analysis shows that total groundfish harvests by the Amendment 80 
sector in the years of lowest and highest halibut PSC use were not 
substantially different from the average total amount of groundfish 
harvested by the Amendment 80 sector from 2008 through 2014. The 
Amendment 80 sector averaged 324,000 mt of groundfish harvest from 2008 
through 2014. The Amendment 80 sector harvested 325,000 mt of 
groundfish in 2011, the year of lowest PSC use, and 337,000 mt in 2010, 
the year of highest PSC use (see Table 4-1 in Section 4.4.1.1 of the 
Analysis). The Council determined, and NMFS agrees, that the best 
available information indicates that the proposed halibut PSC limit for 
the Amendment 80 sector would be below its lowest use of halibut PSC in 
any year.
    The Council and NMFS recognize that some of the patterns of halibut 
PSC use observed in the Amendment 80 sector are due to a range of 
biological, oceanographic, and operational factors, but the Analysis 
indicates that halibut PSC rates could be reduced through additional 
changes in fishery operations (i.e., the expanded use of tools). 
Although the Analysis does not specifically quantify how easily or how 
much improvement can be made with limited impact on groundfish 
harvests, the Analysis indicates that limiting harvests or modifying 
fishery operations could reduce PSC use considerably. Although the 
Analysis indicates that the Amendment 80 sector could lower its use of 
halibut PSC through changes in fishery operations, the Council and NMFS 
agree that the proposed rule would likely result in reduced groundfish 
harvests for the Amendment 80 sector.
    The Council and NMFS considered the tools available to the 
Amendment 80 sector to reduce halibut PSC under the proposed rule. 
First, the Council and NMFS considered recently implemented regulatory 
provisions that could aid the Amendment 80 sector's ability to adapt to 
reduced halibut PSC limits. Section 3.1.3.6 and Appendices A and B of 
the Analysis describe that implementation of the flatfish flexibility 
program in 2014 allows the sector to increase or decrease harvests of 
yellowfin sole, rock sole, or flathead sole throughout the season to 
respond to changing bycatch and market conditions (79 FR 56671, 
September 23, 2014). Additional Atka mackerel opportunities became 
available to the Amendment 80 fleet with the implementation of revised 
Steller sea lion protection measures in 2015 (79 FR 70286, November 25, 
2014). Although Atka mackerel is not evenly allocated among all 
Amendment 80 vessels, it provides additional harvest opportunity for a 
high value groundfish species with a low rate of halibut PSC that could 
offset other halibut PSC use

[[Page 71664]]

in a cooperative and that could reduce overall halibut PSC use for the 
sector.
    Second, the Council and NMFS considered the tools that have, in 
whole or in part, been voluntarily adopted by the Amendment 80 sector. 
Public testimony from representatives of the Amendment 80 sector 
indicated that some of these tools have not been fully used by all 
fishery participants in recent years. This indicates additional 
reductions in halibut PSC through the expanded use of these tools are 
achievable and practicable.
    These tools are described in detail in Section 3.1.3.6 and Appendix 
B of the Analysis and are summarized here:
     Expanding the use of gear modifications known as excluders 
to reduce the bycatch of halibut;
     Improving communication on the fishing grounds within and 
between Amendment 80 cooperatives;
     Using modified pelagic trawl gear to harvest groundfish 
instead of non-pelagic gear. Generally, pelagic trawl gear has a lower 
incidental rate of halibut bycatch and it has shown promise in the 
Central Gulf of Alaska rockfish fisheries, and other fisheries 
nationally in harvesting a number of groundfish species;
     Using test hauls to gauge halibut rates and considering 
the use of night-time hauls that tend to have lower halibut PSC rates;
     Modifying the timing of fishing to reduce halibut PSC 
rates toward the end of the year;
     Defining a threshold halibut PSC rate (e.g., when the 
halibut PSC rate is greater than 80 percent of the average halibut PSC 
rate) that would lead to fishery management actions such as stopping 
fishing in an area or moving fishing operations. Requiring vessels to 
react to these rates through Amendment 80 cooperative contracts could 
significantly reduce halibut PSC limits;
     Shifting the composition of species that are harvested to 
focus on species that appear to have a lower intrinsic rate of halibut 
PSC than other species (e.g., shifting away from arrowtooth flounder to 
yellowfin sole); and
     Establishing measures to shift fishing effort away from 
specific geographic locations with higher halibut PSC rates relative to 
other areas.
    Although the proposed rule would establish a halibut PSC limit of 
1,745 mt, NMFS believes it is likely that the Amendment 80 sector, 
specifically participants in the Amendment 80 cooperatives, would use 
less halibut PSC than the proposed limit. Testimony before the Council 
indicated that Amendment 80 participants typically manage their halibut 
PSC allocations with a 5 percent buffer, meaning that an Amendment 80 
cooperative would plan to use at least 5 percent less halibut PSC than 
the Cooperative Quota allocation it receives. NMFS believes that 
Amendment 80 vessels are likely to establish a buffer as described in 
public testimony to the Council because the consequences of a 
cooperative exceeding its halibut PSC allocation can be significant: 
Financial penalties by the cooperative against the vessel or vessels 
that resulted in the cooperative exceeding its allocation of halibut 
PSC; an enforcement action against the cooperative pursuant to Sec.  
Sec.  679.91(h)(3)(xvi); and a prohibition against fishing for all 
Amendment 80 species pursuant to Sec.  679.7(o)(4)(v).
    The Council and NMFS considered the socioeconomic impact of the 
proposed rule on the Amendment 80 sector and fishing communities 
participating in the Amendment 80 fisheries. Table 4-187 in Section 
4.13.1 of the Analysis estimates that the proposed rule would result in 
BSAI groundfish harvest reductions in the Amendment 80 sector between 
9,500 mt to 25,700 mt each year during the 10-year analytical period, 
for a total of 95,000 mt to 257,000 mt for the full 10-year period. The 
Analysis estimates that the reduction in Amendment 80 groundfish 
harvests would reduce wholesale revenues for fishery participants from 
$6.2 million to $18.7 million for each year during the 10-year 
analytical period. The total wholesale revenue reduction is estimated 
to range from $62 million to $187 million for the full 10-year period. 
The Analysis describes that reduced groundfish harvests and revenues 
would also negatively impact fishing communities that are engaged in 
the BSAI groundfish fisheries (see Section 4.14.2 and Appendix C of the 
Analysis). Section 4.4.2.5 describes that the economic value of the use 
of halibut as PSC in the Amendment 80 sector is substantial as measured 
by average groundfish wholesale revenue generated per mt of halibut 
used as PSC to support the Amendment 80 sector.
    The Council and NMFS considered a range of alternatives that would 
have resulted in halibut PSC reductions to Amendment 80 cooperatives 
ranging from a 10 percent to a 50 percent reduction relative to the 
current limit. As shown in Table 1 of this preamble, the average 
halibut PSC used in the Amendment 80 sector from 2008 through 2014 was 
2,047 mt, which is less than the 10 percent reduction alternative 
(i.e., 2,093 mt). The Amendment 80 sector has demonstrated that it can 
maintain a high level of groundfish harvests in some years and use an 
amount of halibut PSC that is equivalent to a 20 percent reduction in 
its halibut PSC limit. At the upper end, alternatives that would have 
reduced the halibut PSC limit by 50, 45, 40, 35, or 30 percent would 
have come at significant economic cost to the Amendment 80 sector and 
fishing communities participating in the Amendment 80 sector fisheries. 
The best available information suggests it is not clear that additional 
changes in fishery operations could accommodate these high levels of 
reductions other than foregoing substantial harvest and revenue.
    Overall, alternatives that would have imposed a 50, 45, 40, 35, or 
30 percent reduction would have been expected to reduce net benefits to 
the Nation because the socioeconomic benefits from the potential 
increase in harvest opportunities would be less than the negative 
socioeconomic impacts from foregone BSAI groundfish harvests. Section 
4.8.1 of the Analysis describes the relative impacts of alternatives 
that would have further reduced halibut PSC limits for Amendment 80 
cooperatives. The proposed rule would implement a halibut PSC reduction 
that balances the need to minimize bycatch to the extent practicable 
while considering the net benefits to the Nation, the impacts to 
fishing communities, and the long-term objective of providing for a 
sustained groundfish harvest by Amendment 80 cooperatives.
    Ultimately, the Council determined, and NMFS agrees, that the 
proposed rule would minimize halibut bycatch to the extent practicable 
in the Amendment 80 sector after considering information on the 
sector's use of halibut PSC in recent years, the availability of a 
number of tools for Amendment 80 cooperatives and vessels to reduce 
halibut PSC use, the likely impact on net benefits to the Nation, and 
potential additional harvest opportunities to halibut fishery 
participants in Area 4 and elsewhere.
    Under the status quo and the proposed rule, if all Amendment 80 
vessels participate in a cooperative, the Amendment 80 cooperatives 
will be allocated the total proposed Amendment 80 sector halibut PSC 
limit of 1,745 mt. If any Amendment 80 vessels elect to participate in 
the limited access fishery, the proposed rule would reduce the halibut 
PSC limit for that fishery by 40 percent from the status quo. This 
reduction of 40 percent of the halibut PSC limit would only apply to 
the proportional amount of Amendment 80 QS assigned to the Amendment 80 
limited access fishery. For example, if

[[Page 71665]]

100 percent of the Amendment 80 QS (i.e., 100 percent of the Amendment 
80 vessels) are assigned to the Amendment 80 limited access fishery in 
a particular year, and none is assigned to Amendment 80 cooperatives, 
the Amendment 80 limited access fishery would collectively be assigned 
a PSC limit of 1,395 mt, an amount that is 40 percent less than the 
current Amendment 80 sector halibut PSC limit of 2,325 mt.
    If only a portion of the Amendment 80 QS and vessels are assigned 
to the Amendment 80 limited access fishery, NMFS would use the process 
described in Section 2.2.1 of the Analysis to allocate PSC limits 
between the Amendment 80 cooperatives and vessels in the limited access 
fishery. A brief summary of that process is provided here. NMFS would 
first determine the amount of halibut PSC that would be assigned to the 
Amendment 80 cooperatives. For example, if 80 percent of the Amendment 
80 QS were assigned to cooperatives, NMFS would allocate 1,396 mt of 
halibut PSC (80 percent of the proposed Amendment 80 sector halibut PSC 
limit of 1,745 mt) to the cooperative (1,745 mt * 0.8 = 1,396). To 
calculate the amount of halibut PSC assigned for use in the Amendment 
80 limited access fishery, NMFS would subtract the amount of halibut 
PSC allocated to Amendment 80 cooperatives from the total Amendment 80 
sector PSC limit. In this example, this amount would be 349 mt (1,745 
mt - 1,396 mt = 349 mt). NMFS would apply an additional 20 percent 
reduction by multiplying the remaining amount of halibut PSC remaining 
by 0.8 or 80 percent (349 mt * 0.8 = 279 mt). Therefore, this 
assignment of 279 mt would represent a 40 percent reduction compared to 
the status quo assignment to the Amendment 80 limited access fishery.
    Under the proposed rule, some halibut PSC available to the 
Amendment 80 sector will be left unallocated and remain in the water if 
a portion of the Amendment 80 sector participates in the Amendment 80 
limited access fishery. Using the example above, 1,396 mt is allocated 
to the Amendment 80 cooperatives, and 279 mt is assigned to the 
Amendment 80 limited access fishery. This adds up to 1,675 mt, an 
amount that is 70 mt less than the amount of halibut PSC (1,745 mt) 
that could have been allocated if all Amendment 80 sector participants 
were members of a cooperative.
    The Council and NMFS considered the same factors for the halibut 
PSC limit applicable to the Amendment 80 cooperatives for the Amendment 
80 limited access fishery. However, the Council recommended, and NMFS 
proposes, the more restrictive halibut PSC limit for the Amendment 80 
limited access fishery to encourage cooperative management. Cooperative 
management is likely to provide a sustainable long-term approach to 
bycatch management. A fast-paced Amendment 80 limited access fishery 
could result in PSC that exceeds its halibut PSC limit. Therefore, a 
larger PSC limit reduction is appropriate to recognize management 
uncertainty and encourage cooperative formation as described in Section 
4.8.2 of the Analysis.
    The Council recommended and NMFS proposes a halibut PSC limit 
reduction of 40 percent for the Amendment 80 limited access fishery 
after considering the fact that although it is likely that all 
participants in the Amendment 80 sector will continue to fish in 
cooperatives, there are a range of factors that could create conditions 
that result in a participant ending up in the Amendment 80 limited 
access fishery. These factors include specific cooperative structure 
and participation requirements, and an individual's operating 
conditions. Therefore, the Council determined, and NMFS agrees, that a 
halibut PSC limit more restrictive than a 40 percent reduction would 
not be consistent with the purpose and need for this action because it 
could create incentives for members of a cooperative to purposefully 
exclude a specific Amendment 80 QS holder from cooperative membership. 
This exclusion could force that QS holder to participate in the limited 
access fishery and diminish their competitiveness within the sector to 
the potential benefit of other Amendment 80 QS holders. Similarly, a 
halibut PSC limit less restrictive than 40 percent may not provide 
sufficient incentives to encourage and maintain cooperative formation. 
A less restrictive halibut PSC limit could result in a PSC limit for 
the Amendment 80 limited access fishery that would encourage entry in 
the fishery and result in a difficult to manage ``race for fish'' that 
could result in halibut PSC limits being exceeded. See Section 2.2.1 of 
the Analysis for additional details on the proposed reduction to the 
Amendment 80 sector halibut PSC limit.
2. BSAI Trawl Limited Access Sector Halibut Bycatch (PSC) Limit 
Reduction
    The proposed rule would establish a 15 percent reduction in the 
halibut PSC limit for the BSAI trawl limited access sector. The 
reduction in the PSC limit for the BSAI trawl limited access sector 
from 875 mt to 745 mt is a reduction of 130 mt. The BSAI trawl limited 
access sector used the second largest portion of halibut PSC in the 
BSAI groundfish fisheries from 2008 through 2014 (20 percent, as shown 
in Table 1 in this preamble and in Section 3.1.3.3 of the Analysis).
    The Council and NMFS considered halibut PSC use in the BSAI trawl 
limited access sector. The BSAI trawl limited access sector, on 
average, has not used the full amount of halibut PSC assigned to the 
sector. As shown in Table 1 in this preamble and in Table 3-14 in 
Section 3.1.3.3 of the Analysis, on average the BSAI trawl limited 
access sector used 81 percent of the BSAI trawl limited access sector 
halibut PSC limit from 2008 through 2014.
    As described in the ``Overview of the BSAI Groundfish Sectors'' 
section above, the Pacific cod and yellowfin sole fisheries are the 
primary fisheries that would be constrained by the proposed halibut PSC 
limits in the BSAI trawl limited access sector. Overall PSC used in the 
Pacific cod and yellowfin sole fisheries from 2008 through 2014 
averaged 64 percent of the sector's annual apportionments (see Tables 
4-38 and 4-39 in Section 4.4.3.4 of the Analysis).
    From 2008 through 2014, the BSAI trawl limited access sector did 
not exceed the PSC apportioned to the Pacific cod fishery, used only 36 
percent of its apportionment in one year (2009), and has used less than 
60 percent of its apportionment in 3 years (2008, 2010, and 2011) (see 
Tables 4-38 and 4-39 in Section 4.4.3.4 of the Analysis for more 
detail). From 2008 through 2014, the BSAI trawl limited access sector 
exceeded the PSC apportioned to the yellowfin sole fishery in one year 
(2013), but has used only 16 percent of its apportionment in one year 
(2010), and has used less than 50 percent of its apportionment in 2 
years (2009 and 2011) [see Tables 4-38 and 4-39 in Section 4.4.3.4 of 
the Analysis for more detail]. The Analysis and public testimony 
indicate that there are a variety of factors that contributed to lower 
PSC use in these years including changing oceanographic conditions, the 
amount of TAC available for harvests, and operational choices by vessel 
operators to fish in different areas or fisheries. However, the best 
available data on halibut PSC use indicate that in most years it is 
reasonable to expect that both Pacific cod and yellowfin sole can be 
harvested under the halibut PSC limits established by the proposed 
rule.
    The Council and NMFS considered the tools that could be adopted by 
the BSAI trawl limited access sector. The Analysis describes a number 
of tools

[[Page 71666]]

that are currently available to the BSAI trawl limited sector to 
achieve overall bycatch levels similar to those in 2009, 2010, and 
2011. First, the pollock fishery could undertake, and has undertaken 
measures to minimize bycatch, even though it would not be directly 
limited by this proposed action. Those measures are important because 
the pollock fishery comprises roughly 41 percent of the PSC use in the 
BSAI trawl limited access sector (see Figure 4-28 in Section 4.4.3.4 of 
the Analysis). The pollock fleet is fully managed under a catch share 
program, the AFA, and has demonstrated a well-established ability to 
constrain and reduce bycatch below established limits. Section 4.6.3 of 
the Analysis describes that the AFA sector has demonstrated an ability 
to consistently maintain bycatch of Chinook salmon below the PSC limits 
established in Amendment 91 to the FMP (75 FR 53026, August 30, 2010). 
The best available information indicates that the recent lower amount 
of halibut PSC use in the pollock fishery is not likely to increase 
given increased scrutiny by the AFA sector on halibut PSC. Second, 
additional opportunities, though limited, are available to harvest 
Pacific cod and pollock in the Aleutian Islands and later in the year 
under revised Steller sea lion protection measures that were 
implemented in 2015 (79 FR 70286, November 25, 2014). The opportunity 
to harvest Pacific cod and pollock later in the year and in the 
Aleutian Islands provides additional flexibility for vessels in the 
BSAI trawl limited access sector to fish when and where halibut PSC 
rates may be lower.
    Section 4.9 of the Analysis notes that a ``race for fish'' exists 
in the BSAI trawl limited access sector, specifically in the Pacific 
cod and yellowfin sole fisheries. Appendix B of the Analysis examined 
the operations of catcher/processors in the yellowfin sole fishery and 
notes that several changes in fishery behavior could be undertaken by 
this fleet to minimize halibut PSC. Because the yellowfin sole fishery 
is not managed under a catch share program, there may be some 
limitations on the ability of participants to coordinate efforts to 
establish threshold PSC rates and adopt measures to react to those 
rates by shifting geographic locations, but some level of coordination 
seems practicable among the participants in this fishery.
    The Council and NMFS considered the socioeconomic impact of the 
proposed rule on the BSAI trawl limited access sector and fishing 
communities that participate in the fisheries. Reductions in halibut 
PSC limits greater than actual halibut PSC use could be expected to 
impose a substantial socioeconomic cost on some BSAI trawl limited 
access sector participants. Under the two economic scenarios 
considered, and summarized in Table 4-210 in Section 4.14 of the 
Analysis, reduced revenue to the BSAI trawl limited access sector from 
the proposed halibut PSC limit reduction ranges from $14 million to $31 
million dollars over a 10-year period, or $1.4 million to $3.2 million 
dollars annually, of the first wholesale value to the BSAI trawl 
limited access sector for non-pollock harvests. Section 4.4.3.5 of the 
Analysis describes that the economic value of the use of halibut as PSC 
in the BSAI trawl limited access sector is substantial as measured by 
the average groundfish wholesale revenue generated per metric ton of 
halibut used as PSC to support BSAI trawl limited access sector.
    The proposed rule establishes a halibut PSC limit reduction that 
recognizes there are more limited tools for the BSAI trawl limited 
access sector than the Amendment 80 sector, but that the BSAI trawl 
limited sector has demonstrated an ability, on average, to maintain 
existing harvests at the level of the proposed reduction. Under the 
proposed rule, the BSAI trawl limited access sector would have to 
reduce its halibut PSC use relative to several recent years of halibut 
PSC use. As described in Appendix B of the Analysis, the BSAI trawl 
limited access sector has some tools available to reduce halibut PSC 
use. Reducing groundfish fishing or changing behavior during time 
periods with higher halibut rates may result in some mitigation of the 
impacts of a reduction in halibut PSC limits. Fishing earlier in the 
year would appear to result in lower halibut PSC rates. The proposed 
rule would result in halibut PSC limits that could be restrictive in 
some years relative to current management. However, the halibut PSC 
reduction implemented by the proposed rule would be expected to result 
in limited reductions in groundfish harvests in most years.
    The Council and NMFS considered a range of alternative halibut PSC 
reductions for the BSAI trawl limited access sector. Less restrictive 
halibut PSC limit reductions (i.e., a 10 percent reduction) would not 
be expected to have an impact on current or likely future halibut PSC 
use because the BSAI trawl limited access sector has demonstrated an 
ability to maintain halibut PSC limits below this level. The Council 
and NMFS also considered more restrictive halibut PSC limits. 
Ultimately, the Council recommended, and NMFS proposes the 15 percent 
reduction after considering the relatively limited impact of the BSAI 
trawl limited access sector on halibut PSC use, the more limited tools 
available to the sector to practicably reduce its halibut PSC use, and 
the overall socioeconomic cost to the sector, communities participating 
in the sector, and the Nation resulting from more restrictive halibut 
PSC limits. The Council and NMFS also considered the limited benefits 
that further reductions in halibut PSC limits may provide to halibut 
fishery users and communities participating in the halibut fishery. The 
Council and NMFS determined that the proposed halibut PSC limit is 
likely to provide incentives for the BSAI trawl limited access sector 
to more fully develop and use tools that improve on the reduced halibut 
PSC use achieved in 2010 and 2011.
3. BSAI Non-Trawl Sector Halibut Bycatch (PSC) Limit Reduction
    The BSAI non-trawl sector has the third greatest amount of halibut 
PSC use among the BSAI groundfish fishery sectors. As Table 1 in this 
preamble and Table 4-209 in Section 4.14 of the Analysis show, the non-
trawl sector is assigned 833 mt, or approximately 19 percent of the 
current halibut PSC limit in the BSAI, and used approximately 15 
percent of the average amount of halibut PSC used in the BSAI from 2008 
through 2014.
    The Council and NMFS considered halibut PSC use in the non-trawl 
sector. The non-trawl sector has clearly used far less than its current 
PSC apportionment, particularly in recent years. Table 1 in this 
preamble shows that from 2008 through 2014, the combined non-trawl 
sectors have used an average of 61 percent of the total non-trawl 
halibut PSC apportionment. Pacific cod hook-and-line catcher/processors 
have used 99.4 percent of the non-trawl halibut PSC on average from 
2008 through 2014. Because of the overwhelming use of halibut PSC by 
Pacific cod hook-and-line catcher/processors relative to other non-
trawl fishery participants, this section is focused primarily on the 
impacts of the proposed action on Pacific cod hook-and-line catcher/
processors.
    The Council and NMFS also considered the tools that could be 
adopted by the non-trawl sector. The Analysis and public testimony have 
described the efforts by hook-and-line catcher/processors to minimize 
their halibut PSC use in recent years. Appendix B of the Analysis 
describes a range of performance metrics for this fleet. The data in 
Appendix B show a consistent trend of lower halibut PSC rates year-
over-year, particularly beginning in 2011 (see Table 7 in

[[Page 71667]]

Appendix B of the Analysis). Appendix B does not show a clear signal of 
increasing halibut PSC use by Pacific cod hook-and-line catcher/
processors toward the end of the year as shown for the Amendment 80 and 
BSAI trawl limited access sectors (see Figure 11 in Appendix B of the 
Analysis). This suggests that the Pacific cod hook-and-line catcher/
processors are likely employing some operational tools that have led to 
lower halibut PSC use in recent years (see Tables 4 and 5 in Appendix B 
of the Analysis).
    Table 4-210 in Section 4.14 of the Analysis shows that reductions 
in halibut PSC would not be expected to limit groundfish harvest in the 
non-trawl sector until reductions reach a level 30 percent lower than 
the current halibut PSC limit. Therefore, the proposed reduction in the 
current halibut PSC limit by 15 percent would not be expected to result 
in reduced groundfish harvests and revenues. Based on the best 
available information, the proposed action would not likely have a 
negative economic impact on the non-trawl sector because all harvests 
could be accommodated under the reduced limit.
    The Council and NMFS considered the socioeconomic impact of the 
proposed rule on the non-trawl sector and communities participating in 
the non-trawl fisheries. Reductions in halibut PSC limits would have to 
be greater than actual halibut PSC use to impose a substantial 
socioeconomic cost on the non-trawl sector participants. Under the two 
economic scenarios considered, and summarized in Table 4-210 in Section 
4.14 of the Analysis, the impacts of reduced halibut PSC limits to the 
non-trawl sector would not be expected to have an economic cost from 
reduced groundfish revenues until the halibut PSC limit is reduced by 
at least 30 percent. Section 4.4.4.5 describes that the economic value 
of the use of halibut as PSC is substantial in the non-trawl fishery, 
as measured by the average wholesale groundfish revenue generated per 
mt of halibut used as PSC to support the non-trawl sector.
    The Council and NMFS considered more restrictive halibut PSC 
reductions for the non-trawl sector. The Analysis shows that halibut 
PSC limit reductions would need to be extremely high relative to the 
current halibut PSC limit to yield actual reductions from current use. 
For example, a 50 percent reduction in the PSC limit for the non-trawl 
sector to a PSC limit of 380 mt would yield only 96 mt of savings 
compared to the 2008 through 2014 average, or only 10 mt relative to 
2014 use (See Table 1 of this preamble and Table 4-209 in Section 4.14 
of the Analysis). The Council did not recommend, and NMFS does not 
propose, more restrictive halibut PSC limits for the non-trawl sector 
given the relatively limited use of halibut PSC by the non-trawl 
sector, the consistent trend of halibut PSC use that is well below 
current halibut PSC limits, and the limited benefit that additional 
reductions would be likely to provide to the halibut fishery and 
communities participating in the halibut fishery relative to the 
negative socioeconomic impacts to participants in the non-trawl sector. 
Given these factors, the Council and NMFS determined that the proposed 
reduction is consistent with the purpose and need for this action and 
additional reductions in the non-trawl halibut PSC limit would not be 
practicable.
4. CDQ Sector Halibut Bycatch (PSC) Limit Reduction
    The CDQ sector has the fourth greatest impact on PSC of the BSAI 
groundfish sectors. As Table 1 in this preamble and Table 4-209 in 
Section 4.14 of the Analysis show, the CDQ sector is assigned 
approximately 9 percent of the current halibut PSC limit in the BSAI, 
and uses approximately 6 percent of the average amount of halibut PSC 
in the BSAI from 2008 through 2014.
    The Council and NMFS considered halibut PSC use in the CDQ sector. 
The CDQ sector has consistently used far less halibut PSC than its 
current PSC limit, particularly in recent years. Table 1 of this 
preamble shows that from 2008 through 2014, the sector has used an 
average of 55 percent of its halibut PSC limit. PSC use has not 
exceeded 70 percent of the CDQ sector halibut PSC limit, and no CDQ 
group has exceeded its halibut PSC limit during this time.
    The Council and NMFS also considered the tools that could be 
adopted by the CDQ sector. The CDQ sector clearly has, and uses, many 
of the tools that are available to the Amendment 80, AFA, and Pacific 
cod hook-and-line catcher/processor sectors because CDQ groups harvest 
their allocations in conjunction with vessels operating in those 
fisheries (Section 3.1.3.6 of the Analysis). The data on the use of 
halibut PSC indicates that these tools are being effectively used to 
minimize halibut PSC use in the CDQ sector.
    The Council and NMFS considered the socioeconomic impact of the 
proposed rule on the CDQ sector and communities participating in the 
CDQ fisheries. The proposed rule would not be expected to have an 
adverse economic impact on the CDQ groups and would not be expected to 
constrain groundfish harvests. Table 4-210 in Section 4.14 of the 
Analysis shows that until halibut PSC reductions reach a level of 35 
percent, there does not appear to be an economic impact on the CDQ 
sector from reduced groundfish harvests and revenues. Section 4.4.6 of 
the Analysis contains additional information on the economic impacts of 
the proposed rule for the CDQ sector.
    As Table 4-210 in Section 4.14 of the Analysis shows, the proposed 
halibut PSC reduction of 20 percent relative to current limits would 
not materially impact the CDQ participants, but would prevent the 
potential increase of halibut PSC use in future years. It is clear that 
the level of halibut PSC reduction proposed in this rule is practicable 
because in all years analyzed, halibut PSC use by the CDQ sector has 
been less than this limit.
    The Council and NMFS considered whether additional halibut PSC 
limit reductions would be appropriate given the substantial gap between 
actual halibut PSC use and the current halibut PSC limit in the CDQ 
sector. The Analysis shows that halibut PSC limit reductions would need 
to be extremely high relative to the current halibut PSC limit to yield 
actual deductions. For example, a 50 percent reduction in the CDQ 
sector halibut PSC limit to 197 mt would yield only 18 mt of savings 
compared to the average use from 2008 through 2014 average, or only 47 
mt relative to 2014 use. Neither the Analysis nor public testimony 
indicated that it is reasonable to expect that halibut PSC use in the 
CDQ sector will increase relative to current use. Therefore, the 
Council and NMFS determined that it is impracticable to establish a 
reduction that would be expected to substantially constrain the CDQ 
sector given the limited amount of halibut PSC used by the sector and 
the limited potential harvest opportunity to the commercial halibut 
fishery that a more restrictive halibut PSC limit would provide.

E. Summary of Impacts

    During public testimony to the Council, some participants in 
halibut fisheries and members of the public recommended greater 
reductions of halibut PSC limits than the proposed rule would 
implement. However, halibut bycatch cannot be avoided completely, 
unless groundfish fishing is completely stopped. The Council and NMFS 
believe that more stringent PSC limit reductions are not practicable 
for the groundfish sectors.

[[Page 71668]]

    As described above, the Council and NMFS considered impacts on the 
halibut stock and concluded that under all the alternatives considered, 
the impact on exploitable biomass and the halibut female spawning 
biomass was not likely to be significant. The Council and NMFS 
considered the impact on the halibut fishery and fishing communities 
participating in the halibut fishery and concluded that larger halibut 
PSC reductions in some sectors, particularly the Amendment 80 and BSAI 
trawl limited access sectors, would be expected to provide greater 
harvest opportunities in the halibut fisheries than would be realized 
under the proposed reductions. However, the Council and NMFS considered 
that larger halibut PSC reductions in these two sectors would be 
expected to have an adverse impact from foregone groundfish harvests 
and revenues. The adverse socioeconomic impact on fishing communities 
participating in the groundfish fisheries would be greater with larger 
halibut PSC reductions.
    Based on the best available information, the Council and NMFS 
anticipate that participants in the Amendment 80 and BSAI trawl limited 
access sectors will need to modify their fishing behavior in response 
to lower halibut PSC limits. Based on the Analysis and public testimony 
received from groundfish industry participants on the extent to which 
individual vessels are able to change their fishing behavior to reduce 
PSC use, the Council and NMFS believe that the proposed halibut PSC 
reductions would minimize halibut bycatch to the extent practicable.

IV. The Proposed Rule

    The proposed rule would implement Amendment 111 to the FMP 
primarily by revising Sec.  679.21 to reduce BSAI halibut PSC limits 
for the Amendment 80 sector, BSAI trawl limited access sector, BSAI 
non-trawl sector, and the CDQ Program. The proposed rule would also 
make minor changes in terminology, reorganize regulatory text, and make 
other technical changes.

A. Reduction in Halibut PSC Limits

    The proposed rule would establish the following halibut PSC limits 
at Sec.  679.21(b): 1,745 mt for the Amendment 80 sector; 745 mt for 
the BSAI trawl limited access sector; 710 mt for the BSAI non-trawl 
sector; and 315 mt for the CDQ Program. These limits result in an 
overall BSAI halibut PSC limit of 3,515 mt.
1. Amendment 80 Sector
    The proposed rule would establish at Sec.  679.21(b)(1)(i) a 
maximum halibut PSC limit of 1,745 mt for the Amendment 80 sector. If 
no vessels participate in the Amendment 80 limited access fishery in a 
year, NMFS will allocate the entire Amendment 80 halibut PSC limit of 
1,745 mt among the Amendment 80 cooperatives that submitted a timely 
application for an Amendment 80 cooperative permit for that year.
    If any Amendment 80 vessels chose to fish in the Amendment 80 
limited access fishery, the proposed rule would establish the amount of 
PSC assigned to the Amendment 80 limited access fishery. The proposed 
rule would revise Sec.  679.91(d)(1) and (d)(3), so that the Amendment 
80 limited access fishery would be assigned only 80 percent of the 
halibut PSC that is remaining after halibut PSC has been assigned to 
Amendment 80 cooperatives. This regulatory change would result in an 
overall reduction of the halibut PSC limit to the Amendment 80 limited 
access sector of 40 percent compared to existing regulations. With 
these proposed regulatory changes, it is important to note that the 
combined halibut PSC limit for Amendment 80 cooperatives and the 
Amendment 80 limited access fishery would not sum to 1,745 mt. As 
described earlier in this preamble, the Amendment 80 limited access 
fishery would be assigned an amount of PSC that is 20 percent less than 
what the vessels in the Amendment 80 limited access fishery would 
receive if they had participated in a cooperative for that year.
2. BSAI Trawl Limited Access Sector
    The proposed rule would establish at Sec.  679.21(b)(1)(ii) a 
halibut PSC limit of 745 mt for the BSAI trawl limited access sector. 
The proposed rule would make no change in the annual harvest 
specification process whereby NMFS apportions the overall sector PSC 
limit of the BSAI trawl limited access sector into PSC allowances for 
these trawl fishery categories. The proposed rule would make no change 
in the process whereby NMFS may make seasonal apportionments of the 
trawl PSC allowances.
3. BSAI Non-Trawl Sector
    The proposed rule would establish at Sec.  679.21(b)(1)(iii) a 
halibut PSC limit of 710 mt for the BSAI non-trawl sector. The proposed 
rule would make no change in the annual harvest specification process 
whereby NMFS has authority to apportion the overall sector PSC limit 
into non-trawl fishery categories. The proposed rule would make no 
change in the annual harvest specification process whereby NMFS has 
authority to make seasonal apportions of the non-trawl PSC allowances. 
NMFS will continue annual consultations with the Council to determine 
whether the pot gear, jig gear, and the sablefish IFQ hook-and-line 
gear fisheries will be exempt from the non-trawl halibut PSC limit as 
described in the ``Annual Halibut Bycatch (PSC) Limits and 
Apportionments of PSC Limits'' section of this preamble.
4. CDQ Sector
    The proposed rule would establish at Sec.  679.21(b)(1)(iv) a 
halibut PSC limit of 315 mt for the CDQ Program (i.e., CDQ sector). 
This amount would not be deducted from the trawl PSC limit or the non-
trawl PSC limit. The proposed rule would not modify the designation of 
this PSC limit as a PSQ Reserve.
    The proposed rule would remove provisions at Sec.  
679.21(e)(3)(i)(A)(2)(ii) and Sec.  679.21(e)(4)(i)(A) that allocate a 
portion of the halibut PSQ reserve from the trawl sector and a portion 
from the non-trawl sector. These regulatory provisions are no longer 
necessary with the establishment of a separate halibut PSC limit for 
the CDQ Program at Sec.  679.21(b)(1)(iv).
    The proposed rule would make no other changes in the process for 
the establishment and use of the halibut PSQ Reserve under the CDQ 
Program.

B. Minor Change in Terminology

    The proposed rule would make a minor change in terminology and use 
``halibut PSC allowances'' rather than ``halibut bycatch allowances'' 
to describe the apportionment of a halibut PSC sector limit into 
fishery categories. Section 679.21(e) currently uses ``bycatch 
allowances'' to describe the subdivision of a halibut PSC sector limit 
into fishery categories. NMFS believes that the term ``PSC allowance'' 
is more accurate than ``bycatch allowance'' because bycatch is broader 
than PSC. NMFS acknowledges that bycatch is often, or even typically, 
used to refer to the unintended catch of halibut by the groundfish 
fisheries. However, NMFS concluded that the regulatory text should use 
the accurate term, PSC, in regulations governing the catch of halibut 
by the BSAI groundfish fisheries.
    The proposed rule also changes the term ``incidental catch'' to 
``PSC'' at Sec.  679.21(e)(3)(ii)(C). The current regulations at Sec.  
679.21(e)(3)(ii)(C) direct NMFS to count incidental catch of all 
halibut taken by the midwater pollock fishery against the bycatch 
allowance

[[Page 71669]]

for the pollock/Atka mackerel/``other species'' category. The 
definition of ``incidental catch'' in Sec.  679.2 excludes fish that 
are discarded and returned to the sea. The proposed rule uses the 
correct term, halibut PSC, in Sec.  679.21(b)(1)(ii)(C) to describe 
halibut caught by the midwater pollock fishery.

C. Reorganization and Other Technical Changes

    The proposed rule would reorganize Sec.  679.21 by creating a new 
Sec.  679.21(b) that will contain all the provisions that are specific 
to BSAI halibut PSC limits. In the current regulations, Sec.  679.21(a) 
is reserved, Sec.  679.21(b) contains general provisions regarding PSC 
management, and Sec.  679.21(e) contains provisions for BSAI PSC limits 
for all prohibited species: halibut, salmon, crab, and herring. The 
proposed rule would move the general provisions from Sec.  679.21(b) to 
Sec.  679.21(a). The proposed rule would place all provisions in Sec.  
679.21(e) that are specific to BSAI halibut PSC limits into Sec.  
679.21(b). The proposed rule would specify the BSAI halibut PSC limits 
for each of the four groundfish sectors in Sec.  679.21(b) and would 
note that the total of all the BSAI halibut PSC limits is 3,515 mt. 
This consolidation of BSAI halibut PSC regulations into Sec.  679.21(b) 
would clarify the regulations for the public.
    The proposed reorganization of halibut PSC regulations at Sec.  
679.21(b) would have four sections. Section 679.21(b)(1) would 
establish the halibut PSC limits for the four groundfish sectors: the 
Amendment 80 sector; the BSAI trawl limited access sector; the BSAI 
non-trawl sector; and the CDQ Program. Section 679.21(b)(2) would 
maintain NMFS's authority to make seasonal apportionments of PSC 
allowances, which is currently at Sec.  679.21(e)(5). Section 
679.21(b)(3) would maintain the provisions regarding notification of 
PSC allowances, which is currently at Sec.  679.21(e)(6). Section 
679.21(b)(4) would maintain the management of BSAI halibut PSC 
allowances through directed fishery closures, which is currently at 
Sec.  679.21(e)(7)(i) and (v).
    The proposed rule would also revise Table 35 to part 679. Table 35 
currently specifies the BSAI halibut PSC limits for the Amendment 80 
sector and BSAI trawl limited access sector. The proposed rule would 
change Table 35 to include the revised halibut PSC limits.
    Because halibut PSC regulations at Sec.  679.21(e) are cross-
referenced in other regulations, the proposed rule would change all 
cross-references to the halibut-specific provisions in Sec.  679.21(e) 
throughout part 679 to the new halibut-specific regulations at Sec.  
679.21(b). The proposed rule would also change all cross-references in 
current regulations to the general PSC provisions that are now in Sec.  
679.21(b) to the new location for the general provisions in Sec.  
679.21(a). For each revised paragraph, this proposed rule includes the 
revised cross-references in the regulatory text and repeats the text 
that is not otherwise modified. Table 2 lists the location of 
regulations with cross-references that would be revised by the proposed 
rule.

          Table 2--List of Proposed Changes in Cross-References
------------------------------------------------------------------------
                  Location of revised cross-references
-------------------------------------------------------------------------
Sec.   679.2, definitions of definitions of ``Directed fishing'',
 ``Herring Savings Area'', ``PSQ reserve'', and ``Sablefish''.
Sec.   679.7(a)(12), Sec.   679.7(k)(1)(v), and Sec.   679.7(k)(4)(iii).
Sec.   679.20(d)(2).
Sec.   679.23(f), and Sec.   679.23(g)(3).
Sec.   679.24(c)(2)(ii)(A), Sec.   679.24(c)(2)(ii)(B), Sec.
 679.24(c)(3), Sec.   679.24(c)(4), and Sec.   679.24(a)(2)(ii)(A).
Sec.   679.26(d)(2).
Sec.   679.31(a)(4).
Sec.   679.64(a)(3).
------------------------------------------------------------------------

V. Classification

    Pursuant to Section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens 
Act, the NMFS Assistant Administrator has determined that the proposed 
rule is consistent with the FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration 
of comments received during the public comment period.
    The proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

A. Initial Regulatory Flexibility Analysis

    An Initial Regulatory Flexibility Analysis (IRFA) was prepared for 
this action, as required by Section 603 of the Regulatory Flexibility 
Act (RFA). The IRFA describes the economic impact the proposed rule, if 
adopted, would have on small entities. The IRFA describes the reasons 
why this action is being proposed; the objectives and legal basis for 
the proposed rule; the number and description of small entities 
directly regulated by the proposed action; any projected reporting, 
recordkeeping, or other compliance requirements of the proposed rule; 
any overlapping, duplicative, or conflicting Federal rules; impacts of 
the action on small entities; and any significant alternatives to the 
proposed rule that would accomplish the stated objectives of the 
Magnuson-Stevens Act, and any other applicable statutes, and would 
minimize any significant adverse impacts of the proposed rule on small 
entities. Descriptions of the proposed action, its purpose, and the 
legal basis are contained earlier in this preamble and are not repeated 
here. A summary of the IRFA follows. A copy of the IRFA is available 
from NMFS (see ADDRESSES).
1. Number and Description of Small Entities Directly Regulated by the 
Proposed Action
    The proposed action would directly regulate those entities that 
participate in harvesting groundfish from the Federal or parallel 
groundfish fisheries of the BSAI subject to a halibut PSC limit. The 
RFA recognizes and defines three kinds of small entities that could be 
regulated by this proposed action: (1) Small businesses, (2) small non-
profit organizations, and (3) small government jurisdictions. This 
proposed action would directly regulate small businesses that 
participate in the harvesting of groundfish, and small non-profit 
organizations.
    The IFRA estimates the number of directly regulated small entities 
based on size criteria established for industry sectors defined by the 
Small Business Administration (SBA). According to the SBA criteria, the 
groundfish fishery is defined as a finfish harvesting sector. An entity 
primarily involved in finfish harvesting is a small entity if it is 
independently owned and operated and not dominant in its field of 
operation (including its affiliates), and if it has combined annual 
gross receipts not in

[[Page 71670]]

excess of $20.5 million for all its affiliated operations worldwide. 
Based on the best available and most recent data from 2014, the IRFA 
estimates that a maximum of up to 178 vessels could be directly 
regulated by this action. The IRFA assumes that each vessel is a unique 
entity. The IRFA states that this likely overestimates the total number 
of directly regulated entities because some vessels are likely 
affiliated through common ownership. However, these potential 
affiliations are not known with the best available data and cannot be 
predicted.
    Only 19 of these directly regulated entities are estimated to be 
small entities based on the best available data on the gross receipts 
from these entities and their known affiliates. Seventeen of these 
small entities are hook-and-line catcher vessels that participate in 
the non-trawl sector, and two are trawl catcher vessels that 
participate in the BSAI trawl limited access sector, specifically the 
Pacific cod target fishery.
    The IRFA states that all six of the CDQ groups would be directly 
regulated by this proposed action. The six CDQ groups are: The Aleutian 
Pribilof Island Community Development Association, the Bristol Bay 
Economic Development Corporation, the Central Bering Sea Fishermen's 
Association, the Coastal Villages Region Fund, the Norton Sound 
Economic Development Corporation, and the Yukon Delta Fisheries 
Development Association. Each of the six CDQ groups receives an 
exclusive allocation of halibut PSC that would be reduced (i.e., 
regulated) under this proposed action. The six CDQ groups are non-
profit organizations and none is dominant in its field; consequently 
each is defined as a small entity under the RFA.
2. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Action
    NMFS has not identified any duplication, overlap, or conflict 
between this proposed action and existing Federal rules.
3. Impacts of the Action on Small Entities
    The proposed action is intended to reduce halibut PSC mortality by 
decreasing halibut PSC limits available for use in the BSAI groundfish 
fisheries. Any reductions in harvest by groundfish harvesters would 
impact revenue generated from the BSAI groundfish fisheries. The 17 
hook-and-line catcher vessels that participate in the non-trawl sector 
are not likely to be affected by the proposed reduction in the halibut 
PSC limit for the non-trawl sector because current and anticipated 
halibut PSC use in this sector is substantially less than the proposed 
halibut PSC limit that would be established. The 2 trawl catcher 
vessels that participate in the BSAI trawl limited access sector may be 
limited by the proposed reduction in the halibut PSC limit for the BSAI 
trawl limited access sector (15 percent) in some years because halibut 
PSC use by the BSAI trawl limited access sector has exceeded the 
halibut PSC limit that would be established by the proposed action.
    The six CDQ groups are not likely to be affected by the proposed 
reduction in the halibut PSC limit for the CDQ sector (20 percent) 
because current and anticipated halibut PSC use in the CDQ sector is 
substantially less than the proposed halibut PSC limit that would be 
established. However, some CDQ groups will experience an adverse impact 
from PSC reductions in the Amendment 80 and BSAI trawl limited access 
sectors, to the extent that they have ownership interests in vessels 
operating in those sectors, and the proposed halibut PSC limits 
constrain harvest and resulting revenue. The CDQ groups' ownership 
interests are described in Section 4.12 of the Analysis.
4. Description of Significant Alternatives Considered
    The Council considered an extensive series of alternatives, 
options, and suboptions to reduce halibut PSC limits in the BSAI, 
including the ``no action'' alternative. The RIR presents the complete 
set of alternatives (see ADDRESSES). Alternative 1 is Status Quo/No 
Action alternative, which would retain the current BSAI halibut PSC 
limits in the FMP and in regulations. Alternative 2 would amend the FMP 
and regulations to reduce BSAI halibut PSC limits for six groundfish 
sectors. Alternative 2 includes six options. Each of the options under 
Alternative 2 contained seven suboptions analyzing halibut PSC limit 
reductions ranging from 10 percent to 50 percent for each sector. 
Option 1 would reduce halibut PSC limits for the Amendment 80 sector. 
The reductions would range from 232 mt to 1,162 mt. Option 2 would 
reduce halibut PSC limits for the BSAI trawl limited access sector. The 
reductions would range from 87 mt to 437 mt. Option 3 would reduce 
halibut PSC limits for the Pacific cod hook-and-line catcher/processor 
sector. The reductions would range from 76 mt to 380 mt. Option 4 would 
reduce halibut PSC limits for hook-and-line vessels participating in 
target fisheries other than Pacific cod or sablefish. The reductions 
would range from 6 mt to 29 mt. Option 5 would reduce halibut PSC 
limits for the Pacific cod hook-and-line catcher vessel sector. The 
reductions would range from 1 mt to 7 mt. Option 6 would reduce halibut 
PSC limits for the CDQ sector. The reductions would range from 39 mt to 
196 mt.
    Section 2.5 of the Analysis describes other significant 
alternatives to the proposed rule that the Council considered but did 
not advance for further analysis: (1) Apportioning the halibut PSC 
limit for the BSAI trawl limited access sector between AFA trawl 
catcher vessels and non-AFA trawl catch vessels based on the halibut 
PSC by these vessel categories from 2009 through 2013; (2) implementing 
permanent measures in the Amendment 80 sector for deck sorting of 
halibut; (3) establishing a seasonal apportionment of the halibut PSC 
limit for the BSAI trawl limited access sector. Each of these 
alternatives would have changed the current management structure for 
regulating halibut PSC limits in BSAI. The Council's preferred 
alternative is a straightforward reduction in halibut PSC limits by 
sector. The Council's preferred alternative leaves the current 
management structure intact and most expeditiously achieves the 
Council's objective of reducing halibut PSC limit to the extent 
practicable in accord with National Standard 9.
    Based on the best available scientific data and information, none 
of the alternatives except the preferred alternative appear to have the 
potential to accomplish the stated objectives of the Magnuson-Stevens 
Act and other applicable statutes (as reflected in the proposed 
action), while minimizing any significant adverse economic impact on 
small entities beyond those achieved under the proposed action. The 
proposed action would minimize bycatch to the extent practicable with 
existing management tools. Thus, the proposed action would minimize the 
impacts on small entities in the BSAI groundfish fisheries and promote 
more efficient use of the available halibut PSC limits.
5. Recordkeeping and Reporting Requirements
    This action does not modify recordkeeping or reporting 
requirements.

B. Tribal Consultation

    Executive Order (E.O.) 13175 of November 6, 2000 (25 U.S.C. 450 
note), the Executive Memorandum of April 29, 1994 (25 U.S.C. 450 note), 
the American Indian and Alaska Native Policy of the

[[Page 71671]]

U.S. Department of Commerce (March 30, 1995), and the Department of 
Commerce Tribal Consultation and Coordination policy (78 FR 33331, June 
4, 2013) outline the responsibilities of NMFS for Federal policies that 
have tribal implications. Section 161 of Public Law 108-199 (188 Stat. 
452), as amended by section 518 of Public Law 109-447 (118 Stat. 3267), 
extends the consultation requirements of E.O. 13175 to Alaska Native 
corporations. Under the E.O. and agency policies, NMFS must ensure 
meaningful and timely input by tribal officials and representatives of 
Alaska Native corporations in the development of regulatory policies 
that have tribal implications. NMFS will provide a copy of this 
proposed rule to all federally recognized tribal governments and Alaska 
Native corporations to notify them of the opportunity to comment or 
request a consultation on this proposed action.
    Section 5(b)(2)(B) of E.O. 13175 requires NMFS to prepare a 
``tribal summary impact statement'' for any regulation that has tribal 
implications, that imposes substantial direct compliance costs on 
Indian tribal governments, and is not required by statute. The tribal 
summary impact statement must contain (1) a description of the extent 
of the agency's prior consultation with tribal officials, (2) a summary 
of the nature of their concerns, (3) the agency's position supporting 
the need to issue the regulation, and (4) a statement of the extent to 
which the concerns of tribal officials have been met. If the Secretary 
of Commerce approves this proposed action, a tribal impact summary 
statement that addresses the four questions above will be included in 
the final rule.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: November 9, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority:  16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.

0
2. In Sec.  679.2, revise the definitions for paragraph (5) of 
``Directed fishing'', ``Herring Savings Area'', ``PSQ reserve'', and 
``Sablefish (black cod)'' to read as follows:


Sec.  679.2  Definitions.

* * * * *
    Directed fishing means:
* * * * *
    (5) With respect to the harvest of flatfish in the Bering Sea 
subarea, for purposes of nonpelagic trawl restrictions under Sec.  
679.22(a) and modified nonpelagic trawl gear requirements under 
Sec. Sec.  679.7(c)(5) and 679.24(f), fishing with nonpelagic trawl 
gear during any fishing trip that results in a retained aggregate 
amount of yellowfin sole, rock sole, Greenland turbot, arrowtooth 
flounder, flathead sole, Alaska plaice, and other flatfish that is 
greater than the retained amount of any other fishery category defined 
under Sec.  679.21(b)(1)(ii) or of sablefish.
* * * * *
    Herring Savings Area means any of three areas in the BSAI presented 
in Figure 4 to this part (see also Sec.  679.21(b)(4) for additional 
closure information).
* * * * *
    PSQ reserve means the amount of a prohibited species catch limit 
established under Sec.  679.21 that has been allocated to the CDQ 
Program under Sec.  679.21.
* * * * *
    Sablefish (black cod) means Anoplopoma fimbria. (See also IFQ 
sablefish; sablefish as a prohibited species at Sec.  679.21(a)(5); and 
sablefish as a prohibited species at Sec.  679.24(c)(2)(ii)).
* * * * *
0
3. In Sec.  679.7, revise paragraphs (a)(12), (k)(1)(v), and 
(k)(4)(iii) to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (a) * * *
    (12) Prohibited species donation program. Retain or possess 
prohibited species, defined at Sec.  679.21(a)(1), except as permitted 
to do so under the PSD program as provided by Sec.  679.26, or as 
authorized by other applicable law.
* * * * *
    (k) * * *
    (1) * * *
    (v) Directed fishing after a sideboard closure. Use a listed AFA 
catcher/processor or a catcher/processor designated on a listed AFA 
catcher/processor permit to engage in directed fishing for a groundfish 
species or species group in the BSAI after the Regional Administrator 
has issued an AFA catcher/processor sideboard directed fishing closure 
for that groundfish species or species group under Sec. Sec.  
679.20(d)(1)(iv), 679.21(b)(4)(iii), or 679.21(e)(3)(v).
* * * * *
    (4) * * *
    (iii) Groundfish sideboard closures. Use an AFA catcher vessel to 
engage in directed fishing for a groundfish species or species group in 
the BSAI or GOA after the Regional Administrator has issued an AFA 
catcher vessel sideboard directed fishing closure for that groundfish 
species or species group under Sec.  679.20(d)(1)(iv), 
679.21(b)(4)(iii), or 679.21(e)(3)(iv), if the vessel's AFA permit does 
not contain a sideboard exemption for that groundfish species or 
species group.
* * * * *
0
4. In Sec.  679.21,
0
a. Redesignate paragraph (b) as paragraph (a);
0
b. Revise newly redesignated paragraph (a)(4);
0
c. Add a new paragraph (b);
0
d. Revise paragraph (e) heading;
0
e. Remove and reserve paragraphs (e)(1)(iv), (e)(2), and 
(e)(3)(i)(A)(2);
0
f. Revise paragraph (e)(3)(ii) heading, paragraphs (e)(3)(ii)(A) and 
(C), (e)(3)(iv), paragraph (e)(3)(iv)(B)(2) heading, (e)(3)(v), and 
(e)(3)(vi)(A) and (B);
0
g. Remove and reserve paragraph (e)(4);
0
h. Remove paragraph (e)(5)(iv);
0
i. Revise paragraphs (e)(6)(i) and (ii), and (e)(7)(i);
0
j. Remove and reserve paragraph (e)(7)(v); and
0
k. Remove paragraph (e)(8).
    The revisions and additions read as follows:


Sec.  679.21  Prohibited species by catch management.

    (a) * * *
    (4) Prohibited species taken seaward of the EEZ off Alaska. No 
vessel fishing for groundfish in the GOA or BSAI may have on board any 
species listed in this paragraph (a) that was taken in waters seaward 
of these management areas, regardless of whether retention of such 
species was authorized by other applicable laws.
* * * * *
    (b) BSAI halibut PSC limits--(1) Establishment of BSAI halibut PSC 
limits. Subject to the provisions in paragraphs (b)(1)(i) through (iv) 
of this section, the following four BSAI halibut PSC limits are 
established, which total 3,515 mt: Amendment 80 sector--1,745 mt; BSAI 
trawl limited access sector--

[[Page 71672]]

745 mt; BSAI non-trawl sector--710 mt; and CDQ Program--315 mt 
(established as a PSQ reserve).
    (i) Amendment 80 sector. The PSC limit of halibut caught while 
conducting any fishery in the Amendment 80 sector is an amount of 
halibut equivalent to 1,745 mt of halibut mortality. Halibut PSC limits 
within the Amendment 80 sector will be established for Amendment 80 
cooperatives and the Amendment 80 limited access fishery according to 
the procedure and formulae in Sec.  679.91(d) and (f). If halibut PSC 
is assigned to the Amendment 80 limited access fishery, it will be 
apportioned into PSC allowances for trawl fishery categories according 
to the procedure in paragraphs (b)(1)(ii)(A)(2) and (3) of this 
section.
    (ii) BSAI trawl limited access sector--(A) General. (1) The PSC 
limit of halibut caught while conducting any fishery in the BSAI trawl 
limited access sector is an amount of halibut equivalent to 745 mt of 
halibut mortality.
    (2) NMFS, after consultation with the Council, will apportion the 
PSC limit set forth under paragraph (b)(1)(ii)(A)(1) of this section 
into PSC allowances for the trawl fishery categories defined in 
paragraphs (b)(1)(ii)(B)(1) through (6) of this section.
    (3) Apportionment of the trawl halibut PSC limit set forth under 
paragraph (b)(1)(ii)(A)(1) of this section among the trawl fishery 
categories will be based on each category's proportional share of the 
anticipated halibut PSC during a fishing year and the need to optimize 
the amount of total groundfish harvested under the halibut PSC limit 
for this sector.
    (4) The sum of all PSC allowances for this sector will equal the 
PSC limit set forth under paragraph (b)(1)(ii)(A)(1) of this section.
    (B) Trawl fishery categories. For purposes of apportioning the 
trawl PSC limit set forth under paragraph (b)(1)(ii)(A)(1) of this 
section among trawl fisheries, the following fishery categories are 
specified and defined in terms of round-weight equivalents of those 
groundfish species or species groups for which a TAC has been specified 
under Sec.  679.20.
    (1) Midwater pollock fishery. Fishing with trawl gear during any 
weekly reporting period that results in a catch of pollock that is 95 
percent or more of the total amount of groundfish caught during the 
week.
    (2) Flatfish fishery. Fishing with trawl gear during any weekly 
reporting period that results in a retained aggregate amount of rock 
sole, ``other flatfish,'' and yellowfin sole that is greater than the 
retained amount of any other fishery category defined under this 
paragraph (b)(1)(ii)(B).
    (i) Yellowfin sole fishery. Fishing with trawl gear during any 
weekly reporting period that is defined as a flatfish fishery under 
this paragraph (b)(1)(ii)(B)(2) and results in a retained amount of 
yellowfin sole that is 70 percent or more of the retained aggregate 
amount of rock sole, ``other flatfish,'' and yellowfin sole.
    (ii) Rock sole/flathead sole/Alaska plaice/``other flatfish'' 
fishery. Fishing with trawl gear during any weekly reporting period 
that is defined as a flatfish fishery under this paragraph 
(b)(1)(ii)(B)(2) and is not a yellowfin sole fishery as defined under 
paragraph (b)(1)(ii)(B)(2)(i) of this section.
    (3) Greenland turbot/arrowtooth flounder/Kamchatka flounder/
sablefish fishery. Fishing with trawl gear during any weekly reporting 
period that results in a retained aggregate amount of Greenland turbot, 
arrowtooth flounder, Kamchatka flounder, and sablefish that is greater 
than the retained amount of any other fishery category defined under 
this paragraph (b)(1)(ii)(B).
    (4) Rockfish fishery. Fishing with trawl gear during any weekly 
reporting period that results in a retained aggregate amount of 
rockfish species that is greater than the retained amount of any other 
fishery category defined under this paragraph (b)(1)(ii)(B).
    (5) Pacific cod fishery. Fishing with trawl gear during any weekly 
reporting period that results in a retained aggregate amount of Pacific 
cod that is greater than the retained amount of any other groundfish 
fishery category defined under this paragraph (b)(1)(ii)(B).
    (6) Pollock/Atka mackerel/``other species.'' Fishing with trawl 
gear during any weekly reporting period that results in a retained 
aggregate amount of pollock other than pollock harvested in the 
midwater pollock fishery defined under paragraph (b)(1)(ii)(B)(1) of 
this section, Atka mackerel, and ``other species'' that is greater than 
the retained amount of any other fishery category defined under this 
paragraph (b)(1)(ii)(B).
    (C) Halibut PSC in midwater pollock fishery. Any amount of halibut 
that is incidentally taken in the midwater pollock fishery, as defined 
in paragraph (b)(1)(ii)(B)(1) of this section, will be counted against 
the halibut PSC allowance specified for the pollock/Atka mackerel/
``other species'' category, as defined in paragraph (b)(1)(ii)(B)(6) of 
this section.
    (iii) BSAI Non-trawl Sector--(A) General. (1) The PSC limit of 
halibut caught while conducting any fishery in the BSAI non-trawl 
sector is an amount of halibut equivalent to 710 mt of halibut 
mortality.
    (2) NMFS, after consultation with the Council, will apportion the 
PSC limit set forth under paragraph (b)(1)(iii)(A)(1) into PSC 
allowances for the non-trawl fishery categories defined under paragraph 
(b)(1)(iii)(B) of this section.
    (3) Apportionment of the non-trawl halibut PSC limit of 710 mt 
among the non-trawl fishery categories will be based on each category's 
proportional share of the anticipated halibut PSC during a fishing year 
and the need to optimize the amount of total groundfish harvested under 
the halibut PSC limit for this sector.
    (4) The sum of all PSC allowances for this sector will equal the 
PSC limit set forth under paragraph (b)(1)(iii)(A)(1) of this section.
    (B) Non-trawl fishery categories. For purposes of apportioning the 
non-trawl halibut PSC limit among fisheries, the following fishery 
categories are specified and defined in terms of round-weight 
equivalents of those BSAI groundfish species for which a TAC has been 
specified under Sec.  679.20.
    (1) Pacific cod hook-and-line catcher vessel fishery. Catcher 
vessels fishing with hook-and-line gear during any weekly reporting 
period that results in a retained catch of Pacific cod that is greater 
than the retained amount of any other groundfish species.
    (2) Pacific cod hook-and-line catcher/processor fishery. Catcher/
processors fishing with hook-and-line gear during any weekly reporting 
period that results in a retained catch of Pacific cod that is greater 
than the retained amount of any other groundfish species.
    (3) Sablefish hook-and-line fishery. Fishing with hook-and-line 
gear during any weekly reporting period that results in a retained 
catch of sablefish that is greater than the retained amount of any 
other groundfish species.
    (4) Groundfish jig gear fishery. Fishing with jig gear during any 
weekly reporting period that results in a retained catch of groundfish.
    (5) Groundfish pot gear fishery. Fishing with pot gear under 
restrictions set forth in Sec.  679.24(b) during any weekly reporting 
period that results in a retained catch of groundfish.
    (6) Other non-trawl fisheries. Fishing for groundfish with non-
trawl gear during any weekly reporting period that results in a 
retained catch of groundfish and does not qualify as a Pacific cod 
hook-and-line catcher vessel fishery, a Pacific cod hook-and-line 
catcher/processor fishery, a sablefish hook-and-

[[Page 71673]]

line fishery, a jig gear fishery, or a groundfish pot gear fishery as 
defined under paragraphs (b)(1)(iii)(B)(1) through (5) of this section.
    (iv) CDQ Program. The PSC limit of halibut caught while conducting 
any fishery in the CDQ Program is an amount of halibut equivalent to 
315 mt of halibut mortality. The PSC limit to the CDQ Program will be 
treated as a Prohibited Species Quota (PSQ) reserve to the CDQ Program 
for all purposes under 50 CFR part 679 including Sec. Sec.  679.31 and 
679.7(d)(3). The PSQ limit is not apportioned by gear, fishery, or 
season.
    (2) Seasonal apportionments of BSAI halibut PSC allowances--(i) 
General. NMFS, after consultation with the Council, may apportion a 
halibut PSC allowance on a seasonal basis.
    (ii) Factors to be considered. NMFS will base any seasonal 
apportionment of a PSC allowance on the following types of information:
    (A) Seasonal distribution of prohibited species;
    (B) Seasonal distribution of target groundfish species relative to 
prohibited species distribution;
    (C) Expected PSC needs on a seasonal basis relevant to change in 
prohibited species biomass and expected catches of target groundfish 
species;
    (D) Expected variations in PSC rates throughout the fishing year;
    (E) Expected changes in directed groundfish fishing seasons;
    (F) Expected start of fishing effort; or
    (G) Economic effects of establishing seasonal prohibited species 
apportionments on segments of the target groundfish industry.
    (iii) Seasonal trawl fishery PSC allowances--(A) Unused seasonal 
apportionments. Unused seasonal apportionments of trawl fishery PSC 
allowances made under paragraph (b)(2) of this section will be added to 
its respective fishery PSC allowance for the next season during a 
current fishing year.
    (B) Seasonal apportionment exceeded. If a seasonal apportionment of 
a trawl fishery PSC allowance made under paragraph (b)(2) of this 
section is exceeded, the amount by which the seasonal apportionment is 
exceeded will be deducted from its respective apportionment for the 
next season during a current fishing year.
    (iv) Seasonal non-trawl fishery PSC allowances--(A) Unused seasonal 
apportionments. Any unused portion of a seasonal non-trawl fishery PSC 
allowance made under paragraph (b)(2) of this section will be 
reapportioned to the fishery's remaining seasonal PSC allowances during 
a current fishing year in a manner determined by NMFS, after 
consultation with the Council, based on the types of information listed 
under paragraph (b)(2)(ii) of this section.
    (B) Seasonal apportionment exceeded. If a seasonal apportionment of 
a non-trawl fishery PSC allowance made under paragraph (b)(2) of this 
section is exceeded, the amount by which the seasonal apportionment is 
exceeded will be deducted from the fishery's remaining seasonal PSC 
allowances during a current fishing year in a manner determined by 
NMFS, after consultation with the Council, based on the types of 
information listed under paragraph (b)(2)(ii) of this section.
    (3) Notification of allowances--(i) General. NMFS will publish in 
the Federal Register, for up to two fishing years, the proposed and 
final BSAI halibut PSC allowances, the seasonal apportionments thereof, 
and the manner in which seasonal apportionments of non-trawl fishery 
PSC allowances will be managed.
    (ii) Public comment. Public comment will be accepted by NMFS on the 
proposed PSC allowances seasonal apportionments thereof, and the manner 
in which seasonal apportionments of non-trawl fishery PSC allowances 
will be managed, for a period specified in the notice of proposed 
specifications published in the Federal Register.
    (4) Management of BSAI halibut PSC allowances--(i) Trawl sector--
Amendment 80 limited access fishery and BSAI trawl limited access 
sector: Closures--(A) Exception. When a PSC allowance, or seasonal 
apportionment thereof, specified for the pollock/Atka mackerel/``other 
species'' fishery category, as defined in Sec.  679.21(b)(1)(ii)(B)(6) 
is reached, only directed fishing for pollock is closed to trawl 
vessels using nonpelagic trawl gear.
    (B) Closures. Except as provided in paragraph (b)(4)(i)(A) of this 
section, if, during the fishing year, the Regional Administrator 
determines that U.S. fishing vessels participating in any of the trawl 
fishery categories listed in paragraphs (b)(1)(ii)(B)(2) through (6) of 
this section will catch the halibut PSC allowance, or seasonal 
apportionment thereof, specified for that fishery category under 
paragraph (b)(1)(i) or (b)(1)(ii) of this section, NMFS will publish in 
the Federal Register the closure of the entire BSAI to directed fishing 
for each species and/or species group in that fishery category for the 
remainder of the year or for the remainder of the season.
    (ii) BSAI non-trawl sector: Closures. If, during the fishing year, 
the Regional Administrator determines that U.S. fishing vessels 
participating in any of the non-trawl fishery categories listed under 
paragraph (b)(1)(iii) of this section will catch the halibut PSC 
allowance, or seasonal apportionment thereof, specified for that 
fishery category under paragraph (b)(1)(iii) of this section, NMFS will 
publish in the Federal Register the closure of the entire BSAI to 
directed fishing with the relevant gear type for each species and/or 
species group in that fishery category.
    (iii) AFA PSC sideboard limits. Halibut PSC limits for the AFA 
catcher/processor sector and the AFA trawl catcher vessel sector will 
be established pursuant to Sec.  679.64(a) and (b) and managed through 
directed fishing closures for the AFA catcher/processor sector and the 
AFA trawl catcher vessel sector in the groundfish fisheries for which 
the PSC limit applies.
* * * * *
    (e) BSAI PSC limits for crab, salmon, herring--
* * * * *
    (3) * * *
    (ii) Red king crab, C. bairdi, and C. opilio--(A) General. For 
vessels engaged in directed fishing for groundfish in the BSAI, other 
than vessels fishing under a CQ permit assigned to an Amendment 80 
cooperative, the PSC limits for red king crab, C. bairdi, and C. opilio 
will be apportioned to the trawl fishery categories defined in 
paragraphs (e)(3)(iv)(B) through (F) of this section.
* * * * *
    (C) Incidental catch in midwater pollock fishery. Any amount of red 
king crab, C. bairdi, or C. opilio that is incidentally taken in the 
midwater pollock fishery as defined in paragraph (e)(3)(iv)(A) of this 
section will be counted against the bycatch allowances specified for 
the pollock/Atka mackerel/``other species'' category defined in 
paragraph (e)(3)(iv)(F) of this section.
* * * * *
    (iv) Trawl fishery categories. For purposes of apportioning trawl 
PSC limits for crab and herring among fisheries, other than crab PSC CQ 
assigned to an Amendment 80 cooperative, the following fishery 
categories are specified and defined in terms of round-weight 
equivalents of those groundfish species or species groups for which a 
TAC has been specified under Sec.  679.20.
    (B) * * *
    (2) Rock sole/flathead sole/Alaska plaice/``other flatfish'' 
fishery. * * *
* * * * *
    (v) AFA prohibited species catch limitations. Crab PSC limits for 
the AFA catcher/processor sector and the AFA trawl catcher vessel 
sector will be

[[Page 71674]]

established according to the procedures and formulas set out in Sec.  
679.64(a) and (b) and managed through directed fishing closures for the 
AFA catcher/processor sector and the AFA trawl catcher vessel sector in 
the groundfish fisheries for which the PSC limit applies.
    (vi) * * *
    (A) Crab PSC limits for the Amendment 80 sector in the BSAI will be 
established according to the procedure and formulae set out in Sec.  
679.91(d) through (f); and
    (B) Crab PSC assigned to the Amendment 80 limited access fishery 
will be managed through directed fishing closures for Amendment 80 
vessels to which the crab bycatch limits apply.
* * * * *
    (6) * * *
    (i) General. NMFS will publish in the Federal Register, for up to 
two fishing years, the annual red king crab PSC limit, and, if 
applicable, the amount of this PSC limit specified for the RKCSS, the 
annual C. bairdi PSC limit, the annual C. opilio PSC limit, the 
proposed and final PSQ reserve amounts, the proposed and final bycatch 
allowances, and the seasonal apportionments thereof, as required by 
paragraph (e) of this section.
    (ii) Public comment. Public comment will be accepted by NMFS on the 
proposed annual red king crab PSC limit and, if applicable, the amount 
of this PSC limit specified for the RKCSS, the annual C. bairdi PSC 
limit, the annual C. opilio PSC limit, the proposed and final bycatch 
allowances, seasonal apportionments thereof, and the manner in which 
seasonal apportionments of non-trawl fishery bycatch allowances will be 
managed, for a period specified in the notice of proposed 
specifications published in the Federal Register.
    (7) * * *
    (i) Exception. When a bycatch allowance, or seasonal apportionment 
thereof, specified for the pollock/Atka mackerel/``other species'' 
fishery category is reached, only directed fishing for pollock is 
closed to trawl vessels using nonpelagic trawl gear.
* * * * *
0
5. In Sec.  679.31, revise paragraph (a)(4) to read as follows:


Sec.  679.31  CDQ and PSQ reserves, allocations, and transfers.

    (a) * * *
    (4) PSQ reserve. (See Sec. Sec.  679.21(e)(3)(i)(A) and 
679.21(b)(1)(iv))
* * * * *
0
6. In Sec.  679.64, revise paragraph (a)(3) to read as follows:


Sec.  679.64  Harvesting sideboard limits in other fisheries.

    (a) * * *
    (3) How will AFA catcher/processor sideboard limits be managed? The 
Regional Administrator will manage groundfish harvest limits and PSC 
bycatch limits for AFA catcher/processors through directed fishing 
closures in fisheries established under paragraph (a)(1) of this 
section in accordance with the procedures set out in Sec. Sec.  
679.20(d)(1)(iv) and 679.21(b)(4)(iii).
* * * * *
0
7. In Sec.  679.91, revise paragraphs (d)(1) and (3) to read as 
follows:


Sec.  679.91  Amendment 80 Program annual harvester privileges.

* * * * *
    (d) * * *
    (1) Amount of Amendment 80 halibut PSC for the Amendment 80 sector. 
The amount of halibut PSC limit for the Amendment 80 sector for each 
calendar year is specified in Table 35 to this part. That halibut PSC 
is then assigned to Amendment 80 cooperatives and the Amendment 80 
limited access fishery pursuant to paragraphs (d)(2) and (3) of this 
section. If one or more Amendment 80 vessels participate in the 
Amendment 80 limited access fishery, the halibut PSC limit assigned to 
the Amendment 80 sector will be reduced pursuant to paragraph (d)(3) of 
this section.
* * * * *
    (3) Amount of Amendment 80 halibut PSC assigned to the Amendment 80 
limited access fishery. The amount of Amendment 80 halibut PSC assigned 
to the Amendment 80 limited access fishery is equal to the amount of 
halibut PSC assigned to the Amendment 80 sector, as specified in Table 
35 to this part, subtracting the amount of Amendment 80 halibut PSC 
assigned as CQ to all Amendment 80 cooperatives as determined in 
paragraph (d)(2)(iv) of this section, multiplied by 80 percent.
* * * * *


Sec. Sec.  679.20, 679.23, 679.24, and 679.26  [Amended]

0
8. At each of the locations shown in the ``Location'' column, remove 
the phrase indicated in the ``Remove'' column and replace it with the 
phrase indicated in the ``Add'' column for the number of times 
indicated in the ``Frequency'' column.

----------------------------------------------------------------------------------------------------------------
                            Location                                  Remove            Add          Frequency
----------------------------------------------------------------------------------------------------------------
Sec.   679.20(d)(2).............................................            Sec.            Sec.               1
                                                                       679.21(b)       679.21(a)
Sec.   679.23(f)................................................            Sec.            Sec.               1
                                                                       679.21(b)       679.21(a)
Sec.   679.23(g)(3).............................................            Sec.            Sec.               1
                                                                       679.21(b)       679.21(a)
Sec.   679.24(c)(2)(ii)(A)......................................            Sec.            Sec.               1
                                                                       679.21(b)       679.21(a)
Sec.   679.24(c)(2)(ii)(B)......................................            Sec.            Sec.               1
                                                                       679.21(b)       679.21(a)
Sec.   679.24(c)(3).............................................            Sec.            Sec.               1
                                                                       679.21(b)       679.21(a)
Sec.   679.24(c)(4).............................................            Sec.            Sec.               1
                                                                       679.21(b)       679.21(a)
Sec.   679.25(a)(2)(ii)(A)......................................            Sec.            Sec.               1
                                                                       679.21(b)       679.21(a)
Sec.   679.26(d)(2).............................................            Sec.            Sec.               1
                                                                       679.21(b)       679.21(a)
----------------------------------------------------------------------------------------------------------------

0
9. Revise table 35 to part 679 to read as follows:

[[Page 71675]]



 Table 35 to Part 679--Apportionment of Crab PSC and Halibut PSC Between the Amendment 80 and BSAI Trawl Limited
                                                 Access Sectors
----------------------------------------------------------------------------------------------------------------
                                                                                     Zone 1 C.       Zone 2 C.
                                   Halibut PSC      Zone 1 Red    C. opilio crab    bairdi crab     bairdi crab
            Fishery               limit in the     king crab PSC     PSC limit     PSC limit . .   PSC limit . .
                                      BSAI          limit . . .    (COBLZ) . . .         .               .
----------------------------------------------------------------------------------------------------------------
                                                      as a percentage of the total BSAI trawl PSC limit after
                                                                         allocation as PSQ
----------------------------------------------------------------------------------------------------------------
Amendment 80 sector...........  1,745mt.........           49.98           49.15           42.11           23.67
BSAI trawl limited access.....  745 mt..........           30.58           32.14           46.99           46.81
----------------------------------------------------------------------------------------------------------------

0
10. Revise table 40 to part 679 to read as follows:

Table 40 to Part 679--BSAI Halibut PSC Sideboard Limits for AFA Catcher/
                   Processors and AFA Catcher Vessels
------------------------------------------------------------------------
                                              The AFA
                                             catcher/         The AFA
                                             processor    catcher vessel
     In the following target species        halibut PSC     halibut PSC
      categories as defined in Sec.          sideboard       sideboard
 679.21(b)(1)(iii) and (e)(3)(iv) . . .      limit in        limit in
                                          metric tons is  metric tons is
                                               . . .           . . .
------------------------------------------------------------------------
All target species categories...........             286             N/A
Pacific cod trawl.......................             N/A             887
Pacific cod hook-and-line or pot........             N/A               2
Yellowfin sole..........................             N/A             101
Rock sole/flathead sole/``other                      N/A             228
 flatfish'' \1\.........................
Turbot/Arrowtooth/Sablefish.............             N/A               0
Rockfish \2\............................             N/A               2
Pollock/Atka mackerel/``other species''.             N/A               5
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
  except for halibut (a prohibited species), Greenland turbot, rock
  sole, flathead sole, yellowfin sole, and arrowtooth flounder.
\2\ Applicable from July 1 through December 31.

[FR Doc. 2015-28889 Filed 11-13-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                                          Vol. 80                           Monday,
                                                                                                          No. 220                           November 16, 2015




                                                                                                          Part V


                                                                                                          Department of Commerce
                                                                                                          National Oceanic and Atmospheric Administration
                                                                                                          50 CFR Part 679
                                                                                                          Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and
                                                                                                          Aleutian Islands Management Area; American Fisheries Act; Amendment
                                                                                                          111; Proposed Rule
mstockstill on DSK4VPTVN1PROD with PROPOSALS2




                                                VerDate Sep<11>2014   23:20 Nov 13, 2015   Jkt 238001   PO 00000   Frm 00001   Fmt 4717   Sfmt 4717   E:\FR\FM\16NOP2.SGM   16NOP2


                                                     71650                Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                     DEPARTMENT OF COMMERCE                                  Administrator, Sustainable Fisheries                    D. Impacts on BSAI Groundfish Fishery
                                                                                                             Division, Alaska Region NMFS, Attn:                        Participants and Fishing Communities
                                                     National Oceanic and Atmospheric                        Ellen Sebastian. Mail comments to P.O.                  1. Amendment 80 Sector Halibut Bycatch
                                                     Administration                                                                                                     (PSC) Limit Reduction
                                                                                                             Box 21668, Juneau, AK 99802.                            2. BSAI Trawl Limited Access Sector
                                                                                                                Instructions: Comments sent by any                      Halibut Bycatch (PSC) Limit Reduction
                                                     50 CFR Part 679                                         other method, to any other address or                   3. BSAI Non-Trawl Sector Halibut Bycatch
                                                     [Docket No. 150817730–5730–01]
                                                                                                             individual, or received after the end of                   (PSC) Limit Reduction
                                                                                                             the comment period, may not be                          4. CDQ Sector Halibut Bycatch (PSC) Limit
                                                     RIN 0648–BF29                                           considered by NMFS. All comments                           Reduction
                                                                                                             received are a part of the public record                E. Summary of Impacts
                                                     Fisheries of the Exclusive Economic                     and will generally be posted for public               IV. The Proposed Rule
                                                     Zone Off Alaska; Bering Sea and                         viewing on www.regulations.gov                          A. Reduction in Halibut PSC Limits
                                                     Aleutian Islands Management Area;                                                                               1. Amendment 80 Sector
                                                                                                             without change. All personal identifying                2. BSAI Trawl Limited Access Sector
                                                     American Fisheries Act; Amendment                       information (e.g., name, address),
                                                     111                                                                                                             3. BSAI Non-Trawl Sector
                                                                                                             confidential business information, or                   4. CDQ Sector
                                                     AGENCY:  National Marine Fisheries                      otherwise sensitive information                         B. Minor Change in Terminology
                                                     Service (NMFS), National Oceanic and                    voluntarily submitted by the commenter                  C. Reorganization and Other Technical
                                                     Atmospheric Administration (NOAA),                      will be publicly accessible. NMFS will                     Changes
                                                                                                             accept anonymous comments (enter N/                   V. Classification
                                                     Commerce.
                                                                                                             A in the required fields, if you wish to                A. Initial Regulatory Flexibility Analysis
                                                     ACTION: Proposed rule; request for                                                                              1. Number and Description of Small
                                                     comments.                                               remain anonymous).                                         Entities Directly Regulated by the
                                                                                                                Written comments regarding the                          Proposed Action
                                                     SUMMARY:   NMFS proposes regulations to                 burden-hour estimates or other aspects                  2. Federal Rules That May Duplicate,
                                                     implement Amendment 111 to the                          of the collection-of-information                           Overlap, or Conflict With the Proposed
                                                     Fishery Management Plan for                             requirements contained in this proposed                    Action
                                                     Groundfish of the Bering Sea and                        rule may be submitted by mail to NMFS                   3. Impacts of the Action on Small Entities
                                                     Aleutian Islands Management Area                        at the above address; emailed to OIRA_                  4. Description of Significant Alternatives
                                                     (FMP). The proposed rule would reduce                   submission@omb.eop.gov; or faxed to                        Considered
                                                                                                             202–395–5806.                                           5. Recordkeeping and Recording
                                                     bycatch limits, also known as prohibited
                                                                                                                                                                        Requirements
                                                     species catch (PSC) limits, for Pacific                    Electronic copies of Amendment 111
                                                                                                                                                                   B. Tribal Consultation
                                                     halibut in the Bering Sea and Aleutian                  to the FMP and the Environmental
                                                     Islands (BSAI) groundfish fisheries by                  Assessment/Regulatory Impact Review/                  I. Authority for Action
                                                     specific amounts in four groundfish                     Initial Regulatory Flexibility Analysis
                                                     sectors: The Amendment 80 sector (non-                  (Analysis) for this action may be                        NMFS manages the groundfish
                                                     pollock trawl catcher/processors); the                  obtained from http://                                 fisheries in the Exclusive Economic
                                                     BSAI trawl limited access sector (all                   www.regulations.gov or from the Alaska                Zone (EEZ) of the BSAI under the FMP.
                                                     non-Amendment 80 trawl fishery                          Region Web site at http://                            The North Pacific Fishery Management
                                                     participants); the non-trawl sector                     alaskafisheries.noaa.gov.                             Council (Council) prepared, and the
                                                     (primarily hook-and-line catcher/                                                                             Secretary of Commerce approved, the
                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                     processors); and the Western Alaska                                                                           FMP pursuant to the Magnuson-Stevens
                                                                                                             Mary Alice McKeen, 907–586–7228.                      Fishery Conservation and Management
                                                     Community Development Quota                             SUPPLEMENTARY INFORMATION:
                                                     Program (CDQ Program, also referred to                                                                        Act (Magnuson-Stevens Act) and other
                                                     as the CDQ sector). This action is                      Table of Contents                                     applicable laws. Regulations
                                                     necessary to minimize halibut bycatch                                                                         implementing the FMP appear at 50
                                                                                                             I. Authority for Action                               CFR part 679. General regulations that
                                                     in the BSAI groundfish fisheries to the                 II. Background
                                                     extent practicable and to achieve, on a                    A. The Halibut Resource                            pertain to U.S. fisheries appear at 50
                                                     continuing basis, optimum yield from                       1. Status of the Halibut Stock                     CFR part 600.
                                                                                                                2. Halibut Removals                                   The Council submitted Amendment
                                                     the BSAI groundfish fisheries. This
                                                                                                                3. Allocation of Halibut Among Fisheries           111 for review by the Secretary of
                                                     action is intended to promote the goals
                                                                                                                B. Halibut Fisheries in the BSAI                   Commerce. A notice of availability of
                                                     and objectives of the Magnuson-Stevens                     C. Comparing Commercial Halibut Catch              Amendment 111 was published in the
                                                     Fishery Conservation and Management                           and Halibut Bycatch (PSC) in the                Federal Register on October 29, 2015,
                                                     Act, the FMP, and other applicable                            Groundfish Fisheries in the BSAI                with comments invited through
                                                     laws.                                                      D. Halibut Bycatch Management in the
                                                                                                                                                                   December 28, 2015. All relevant written
                                                     DATES: Submit comments on or before                           BSAI Groundfish Fisheries
                                                                                                                1. Annual Halibut Bycatch (PSC) Limits             comments received by that time,
                                                     December 16, 2015.                                            and Apportionments of PSC Limits                whether specifically directed to
                                                     ADDRESSES: You may submit comments,                        2. Overview of the BSAI Groundfish                 Amendment 111, or to the proposed
                                                     identified by NOAA–NMFS–2015–0092,                            Sectors                                         rule, will be considered in the approval/
                                                     by any one of the following methods:                       a. Amendment 80 Sector                             disapproval decision on Amendment
                                                        • Electronic Submission: Submit all                     b. BSAI Trawl Limited Access Sector                111.
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                                                     electronic public comments via the                         c. BSAI Non-trawl Sector
                                                     Federal e-Rulemaking portal. Go to                         d. CDQ Sector                                      II. Background
                                                     www.regulations.gov/                                       3. Halibut Bycatch (PSC) Use in the BSAI              Pacific halibut (Hippoglossus
                                                                                                                   Groundfish Sectors
                                                     #!docketDetail;D=NOAA-NMFS-2015-                                                                              stenolepis) is fully utilized in Alaska as
                                                                                                             III. Rationale and Impacts of Amendment 111
                                                     0092, click the ‘‘Comment Now!’’ icon,                        and the Proposed Rule                           a target species in subsistence, personal
                                                     complete the required fields, and enter                    A. Methods for Analysis of Impacts                 use, recreational (sport), and
                                                     or attach your comments.                                   B. Impacts on the Halibut Stock                    commercial halibut fisheries. Halibut
                                                        • Mail: Address written comments to                     C. Impacts on Halibut Fishery Participants         has significant social, cultural, and
                                                     Glenn Merrill, Assistant Regional                             and Fishing Communities                         economic importance to fishery


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                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                           71651

                                                     participants and fishing communities                    proposed rule would reduce halibut                    From 2000 through 2010, exploitable
                                                     throughout the geographical range of the                bycatch limits, also referred to as                   biomass declined primarily as a result of
                                                     resource. Halibut is also incidentally                  halibut PSC limits, in the BSAI                       decreasing size at age and smaller
                                                     taken as bycatch in groundfish fisheries.               groundfish fisheries. This proposed                   recruitments than those observed
                                                     The Magnuson-Stevens Act defines                        reduction in halibut PSC limits is                    through the 1980s and 1990s. Since
                                                     bycatch as ‘‘fish which are harvested in                consistent with the requirements of the               2011, the exploitable biomass has been
                                                     a fishery, but which are not sold or kept               Magnuson-Stevens Act to minimize                      increasing slightly from a recent low of
                                                     for personal use, and includes economic                 bycatch to the extent practicable while               approximately 175 million pounds in
                                                     discards and regulatory discards. The                   achieving, on a continuing basis,                     2011 to approximately 180 million
                                                     term does not include fish released alive               optimum yield from the groundfish                     pounds in 2015 (see Table 3–1 in
                                                     under a recreational catch and release                  fisheries. This section of the preamble               Section 3.1.1.1 of the Analysis).
                                                     fishery management program.’’ 16                        provides background on the halibut                       Annually, the IPHC also assesses
                                                     U.S.C. 1802 3(2).                                       resource, halibut management, the                     female spawning biomass, another
                                                        The International Pacific Halibut                    halibut fisheries, and halibut bycatch in             important indicator of the status of the
                                                     Commission (IPHC) and NMFS manage                       the groundfish fisheries in the BSAI.                 halibut stock. Female spawning biomass
                                                     Pacific halibut fisheries through                       The following two sections describe the               is composed of female halibut of
                                                     regulations established under the                       rationale and impacts of Amendment                    reproductive size. Generally, this
                                                     authority of the Northern Pacific Halibut               111 and the proposed rule.                            includes female halibut that are O26,
                                                     Act of 1982 (Halibut Act) (16 U.S.C.                       This preamble cites the most recent                but a small proportion of the female
                                                     773–773k). The IPHC adopts regulations                  available data consistent with the                    spawning biomass includes female
                                                     governing the target fishery for Pacific                Analysis prepared to support this                     halibut less than 26 inches in length
                                                     halibut under the Convention between                    action. The most recent data available                (U26). Female spawning biomass is
                                                     the United States and Canada for the                    varies depending on the specific data                 considered an important indicator of the
                                                     Preservation of the Halibut Fishery of                  source. The Analysis and this preamble                long-term reproductive health of the
                                                     the North Pacific Ocean and Bering Sea                  use (1) data through 2015 for                         halibut resource. Since 2013, the
                                                     (Convention), signed at Ottawa, Ontario,                information on commercial halibut                     estimated female spawning biomass
                                                     on March 2, 1953, as amended by a                       fishery catch limits, (2) data through                appears to have stabilized near 200
                                                     Protocol Amending the Convention                        2014 for information on the halibut                   million pounds. The stock assessment
                                                     (signed at Washington, DC, on March                     stock and halibut PSC use, and (3) data               models used by the IPHC in 2015
                                                     29, 1979). For the United States,                       through 2013 for information on                       project a stable or slightly increasing
                                                     regulations governing the fishery for                   commercial halibut harvests and                       female spawning biomass over the next
                                                     Pacific halibut developed by the IPHC                   revenue and groundfish fisheries                      3 years assuming current removal rates
                                                     are subject to acceptance by the                        harvests and revenue.                                 from all sources (see Table 3–4 in
                                                     Secretary of State with concurrence                        The Analysis and this preamble                     Section 3.1.2.1 of the Analysis).
                                                     from the Secretary of Commerce. After                   describe the potential impacts on the                    Collectively, the current status of
                                                     acceptance by the Secretary of State and                halibut stock and commercial, personal                exploitable biomass and female
                                                     the Secretary of Commerce, NMFS                         use, sport, and subsistence halibut                   spawning biomass indicate that the
                                                     publishes the IPHC regulations in the                   fisheries in terms of net pounds instead              halibut stock is stable or potentially
                                                     Federal Register as annual management                   of metric tons. This is a long-standing               increasing slightly in overall abundance.
                                                     measures pursuant to 50 CFR 300.62.                     practice by the IPHC because the IPHC                 Section 3.1.1 of the Analysis provides
                                                     The final rule implementing IPHC                        measures biomass and directed fishery                 additional detail on the current and
                                                     regulations for 2015 published on                       removals in terms of net weight in                    projected status of halibut exploitable
                                                     March 17, 2015 (80 FR 13771).                           pounds (i.e., halibut that is headed and              biomass and female spawning biomass.
                                                        Section 773c(c) of the Halibut Act also                                                                       It is important to note that halibut is
                                                                                                             gutted) and not metric tons. The
                                                     provides the Council with authority to                                                                        not a groundfish species under the FMP
                                                                                                             calculation of net pounds used by the
                                                     develop regulations that are in addition                                                                      and therefore is not subject to the
                                                                                                             IPHC adjusts the total weight of
                                                     to, and not in conflict with, approved                                                                        provisions of the Magnuson-Stevens Act
                                                                                                             removals in pounds by reducing the
                                                     IPHC regulations. The Council has                                                                             requiring the establishment of an annual
                                                                                                             total weight by 25 percent to calculate               overfishing limit (OFL), an acceptable
                                                     exercised this authority in the
                                                                                                             net weight in pounds. The Analysis uses               biological catch (ABC), or a total
                                                     development of Federal regulations for
                                                                                                             metric tons when describing groundfish                allowable catch (TAC) limit. The OFL
                                                     the halibut fishery such as (1)
                                                                                                             catch, halibut PSC limits, and the                    represents a level of removals that
                                                     Subsistence halibut fishery management
                                                                                                             amount of halibut bycatch (PSC) used in               cannot be exceeded without
                                                     measures, codified at § 300.65; (2) the
                                                                                                             the groundfish fisheries. This is                     jeopardizing the sustainability of the
                                                     limited access program for charter
                                                                                                             consistent with a long-standing practice              stock. The ABC represents the
                                                     vessels in the guided sport fishery,
                                                                                                             by NMFS.                                              maximum permissible harvest and is
                                                     codified at § 300.67; and (3) the
                                                     Individual Fishing Quota (IFQ) Program                  A. The Halibut Resource                               less than the OFL. The TAC represents
                                                     for the commercial halibut and sablefish                                                                      the actual permissible catch limit. The
                                                     fisheries, codified at 50 CFR part 679,                 1. Status of the Halibut Stock                        TAC may be set equal to or less than the
                                                     under the authority of section 773 of the                  The IPHC assesses the status of the                ABC; the TAC cannot exceed the ABC.
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                                                     Halibut Act and section 303(b) of the                   Pacific halibut stock at a coastwide level            The OFL and ABC are biologically-
                                                     Magnuson-Stevens Act.                                   from California to the Bering Sea. Each               based harvest limits that are not to be
                                                        In recent years, catch limits for the                year, the IPHC estimates the amount of                exceeded. After the OFLs and ABCs are
                                                     commercial halibut fishery in the BSAI                  exploitable biomass. Exploitable                      established, the Council recommends
                                                     have declined in response to changing                   biomass is composed of halibut that are               and NMFS implements annual TACs
                                                     halibut stock conditions while limits on                26 inches in length or greater (O26), the             (see Section 3.2.3 of the FMP for a
                                                     the maximum amount of halibut                           size of fish that are accessible to fishing           description of the process for specifying
                                                     bycatch allowed in the groundfish                       gear used in the IPHC halibut stock                   OFLs, ABCs, and TACs for groundfish
                                                     fisheries have remained constant. The                   survey and in the halibut fisheries.                  fisheries in the BSAI).


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                                                     71652                Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                        Although halibut is not managed                      relatively low levels of total removals in            management measures for the halibut
                                                     under an OFL, ABC, or TAC, the IPHC                     recent years (i.e., from 2011 through                 fishery within Convention waters. These
                                                     has developed policy to control                         2014) of approximately 50 million                     annual management measures include
                                                     removals during conditions of declining                 pounds correspond with declining                      specific regulations governing the
                                                     or poor stock abundance. The IPHC                       exploitable biomass, from the late 1990s              commercial halibut fishery, including
                                                     harvest policy includes a harvest control               to around 2010. See Section 3.1.3 and                 area-specific catch limits, authorized
                                                     rule that reduces commercial harvest                    3.1.4 in the Analysis for additional                  gear, and fishing season dates. In the
                                                     rates linearly if the stock is estimated to             information on halibut removals.                      United States, the IPHC
                                                     have fallen below established thresholds                   The commercial fisheries for halibut               recommendations are subject to
                                                     for female spawning biomass. These                      are the largest source of coastwide                   acceptance by the Secretary of State and
                                                     harvest control rules would severely                    removals, accounting for an average of                the Secretary of Commerce, as described
                                                     curtail removals during times of                        62 percent (31 million pounds) of total               above in the ‘‘Authority for Action’’
                                                     particularly poor stock conditions.                     removals from 2011 through 2014.                      section of this preamble. See Section
                                                     These harvest control rules have not                    Removals from personal use, sport and                 3.1.2 of the Analysis and the 2015
                                                     been triggered, even during the most                    subsistence fisheries are a much smaller              annual management measures for
                                                     recent years of relatively low exploitable              component of total coastwide removals,                additional information on the process
                                                     biomass (see Section 3.1.1.1 and Section                collectively averaging 16 percent of total            for establishing commercial halibut
                                                     3.1.2.1 of the Analysis).                               removals from 2011 through 2014.                      fishery catch limits (80 FR 13771, March
                                                        The best available information from                  Overall, the total amount and                         17, 2015).
                                                     the most recent halibut stock assessment                proportion of commercial removals has                    Although the halibut stock is assessed
                                                     indicates that the halibut female                       varied with exploitable biomass,                      at a coastwide level, commercial catch
                                                     spawning biomass (SB) is estimated to                   increasing as exploitable biomass                     limits are established for each IPHC
                                                     be 42 percent of the equilibrium                        increases and decreasing as exploitable               regulatory area (Area). Area 2 is
                                                     condition in the absence of fishing                     biomass decreases. The total amount of                composed of Area 2A (Washington,
                                                     (SB42%). A female spawning biomass of                   personal use, sport, and subsistence                  Oregon, and California); Area 2B
                                                     SB42% represents a 1 out of 10 chance                   removals has been relatively constant                 (British Columbia); and Area 2C
                                                     that the stock is below 42 percent of the               since 2011, but the proportion of                     (Southeast Alaska). Area 3 is composed
                                                     equilibrium condition in the absence of                 personal use, sport and subsistence                   of Area 3A (Central Gulf of Alaska);
                                                     fishing. Removals at this level of female               removals has increased as the                         Area 3B (Western Gulf of Alaska); and
                                                     spawning biomass are generally                          exploitable biomass and commercial                    Area 4 (BSAI) composed of Areas 4A,
                                                     considered to represent a conservative                  removals have decreased.                              4B, 4C, 4D and 4E. The IPHC combines
                                                     and risk-averse level of removals in                       Bycatch is the second largest                      Areas 4C, 4D, and 4E into Area 4CDE for
                                                     federally-managed groundfish fisheries                  component of total coastwide removals                 purposes of establishing a commercial
                                                     in the BSAI off Alaska (see Section                     and averaged 19 percent of total                      fishery catch limit. Areas 4A and 4C,
                                                     3.1.1.1 of the Analysis). A level of                    removals from 2011 through 2014.                      4D, and 4E roughly correspond to the
                                                     SB42%, is significantly above the IPHC’s                Bycatch of halibut in groundfish                      Bering Sea Subarea defined in the FMP.
                                                     harvest control rule thresholds that                    fisheries averaged 9.4 million pounds                 Area 4B roughly corresponds to the
                                                     trigger additional restrictions on the                  coastwide from 2011 through 2014.                     Aleutian Islands Subarea in the FMP.
                                                     commercial halibut fishery during times                 Although bycatch represents the second                Area 4CDE encompasses most of the
                                                     of poor stock status. IPHC’s harvest                    largest source of halibut removals, the               Bering Sea Subarea in the FMP. See
                                                     control rules trigger reductions in                     total tonnage of bycatch removals in                  Figure 15 in Part 679 and Table 1–1 in
                                                     halibut harvest rates at thresholds of                  recent years (i.e., 2011 through 2014) is             Section 1.5 of the Analysis for Area
                                                     SB30% and SB20%. The best available                     at its lowest level since 1990 (see Figure            maps and additional information on
                                                     data indicate that at current levels of                 3–11 in Section 3.1.3 and Table 3–18 in               halibut and groundfish management
                                                     removals, the halibut biomass would be                  Section 3.1.4 of the Analysis). From                  areas in the BSAI.
                                                     expected to be stable, and well above                   2011 through 2014, halibut bycatch                       The IPHC has developed a harvest
                                                     the thresholds established by the IPHC.                 removals ranged from a high of 10.1                   policy and area apportionment model
                                                     Additional information on the                           million pounds in 2012 to a low of 8.9                for determining commercial halibut
                                                     anticipated impacts of the proposed rule                million pounds in 2013. The majority of               fishery catch limits in all Areas. Under
                                                     on the status of halibut stock is                       halibut bycatch coastwide is taken in                 the harvest policy and area
                                                     provided in Sections 3.1.1.1 and 3.1.5.3                groundfish fisheries in the Alaska EEZ,               apportionment model, the total amount
                                                     of the Analysis.                                        mostly in the BSAI groundfish fisheries.              of allowable halibut harvest (called the
                                                                                                             From 2011 through 2014, halibut                       Total Constant Exploitation Yield) is
                                                     2. Halibut Removals                                                                                           designated for each Area. The IPHC
                                                                                                             bycatch in the BSAI represented on
                                                        Total annual removals of halibut from                average 58 percent of the total coastwide             deducts all removals other than
                                                     all sources at the coastwide level have                 halibut bycatch, and 10 percent of the                commercial fishery harvests (i.e.,
                                                     been low in recent years compared to                    total coastwide removals of halibut (see              bycatch, personal use, sport,
                                                     historical total annual removals. Total                 Table 3–10 in Section 3.1.3.3 and Table               subsistence, and wastage) that are
                                                     annual halibut removals include                         3–18 in Section 3.1.4 of the Analysis).               greater than 26 inches in length (O26)
                                                     harvests in the commercial, personal                                                                          from the Total Constant Exploitation
                                                                                                             3. Allocation of Halibut Among
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                                                     use, sport, and subsistence fisheries, as                                                                     Yield. The resulting amount of halibut
                                                     well as bycatch and wastage (i.e.,                      Fisheries                                             is called the Fishery Constant
                                                     bycatch in the commercial halibut                          Pacific halibut is allocated among                 Exploitation Yield. The Fishery
                                                     fishery). From 2000 through 2010, total                 fisheries by a combination of                         Constant Exploitation Yield is more
                                                     halibut removals averaged 90 million                    management actions taken by the IPHC,                 commonly known as the ‘‘blue line
                                                     pounds and were as high as almost 100                   the Council, and NMFS. The IPHC                       catch limit.’’ However, the IPHC is not
                                                     million pounds in 2004 and 2005. Total                  annually completes a halibut stock                    required to select the blue line catch
                                                     annual removals averaged 50 million                     assessment and makes                                  limit as the annual commercial catch
                                                     pounds from 2011 through 2014. The                      recommendations for annual                            limit for an Area. The IPHC has the


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                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                          71653

                                                     discretion on an annual basis to select                 commonly applied to stocks managed                    through 2014, the sport fishery
                                                     a commercial catch limit that is greater                under the Magnuson-Stevens Act.’’ For                 operating out of ports in the BSAI
                                                     than or less than the blue line catch                   a more complete description of the IPHC               harvests approximately 20,000 pounds
                                                     limit (i.e., the Fishery Constant                       process for establishing commercial                   in Area 4 compared to approximately
                                                     Exploitation Yield).                                    catch limits, see Section 3.1.2.2 of the              40,000 pounds of personal use and
                                                        The IPHC considers the blue line                     Analysis.                                             subsistence harvest from Area 4, and
                                                     catch limit along with information on                      Under IPHC harvest policy, the                     more than 3,000,000 pounds in the Area
                                                     different levels of harvest above and                   amount of bycatch (including wastage in               4 commercial fishery. Given the limited
                                                     below the blue line catch limit to                      the commercial fishery) in an Area can                sport harvest in Area 4 and that this
                                                     accommodate greater flexibility when                    affect the amounts of halibut available               action is not likely to impact the sport
                                                     selecting commercial catch limits. The                  for harvest in commercial, personal use,              fishery, this preamble does not address
                                                     IPHC utilizes a decision table that                     sport, and subsistence fisheries in future            the sport fishery in additional detail.
                                                     estimates the consequences to halibut                   years. Bycatch includes O26 and U26                   See Sections 3.1.2 and 3.1.4 of the
                                                     stock, fishery status, and trends from a                halibut. The proportion of bycatch                    Analysis for additional detail on
                                                     range of commercial catch limits at,                    comprised of O26 and U26 halibut                      personal use, sport, subsistence, and
                                                     above, and below the blue line catch                    varies by Area. Under the current IPHC                commercial halibut harvests in Area 4.
                                                     limit (see Table 3–4 in Section 3.1.2.2 of              harvest policy, halibut bycatch in an                    Subsistence halibut is caught by a
                                                     the Analysis). This decision table                      Area that is O26 is deducted from the                 rural resident or a member of a
                                                     accommodates uncertainty in the stock                   amount of halibut available for the                   federally-recognized Alaska Native tribe
                                                     status and allows the IPHC to weigh the                 commercial fishery. Therefore,                        for direct personal or family
                                                     risk and benefits of management choices                 reductions in the amount of O26                       consumption as food, sharing for
                                                     as it sets the annual commercial catch                  bycatch could provide an opportunity to               personal or family consumption as food,
                                                     limits. For example, the IPHC                           increase the commercial catch limits for              or customary trade. Pursuant to section
                                                     consistently considers the                              that Area in the year following the                   773c(c) of the Halibut Act, the Council
                                                     socioeconomic impacts of different                      reduction.                                            developed, and NMFS implemented, the
                                                     commercial catch limits in an Area on                      The amount of U26 bycatch in the                   Subsistence Halibut Program to manage
                                                     fishery participants. In some instances,                groundfish fishery or U26 wastage in the              subsistence harvests in Alaska. Persons
                                                     the IPHC has recommended an area-                       commercial halibut fishery could                      fishing for subsistence halibut must
                                                     specific commercial catch limit that is                 impact future harvests in commercial                  obtain a Subsistence Halibut
                                                     greater than the blue line catch limit to               halibut fisheries and in personal use,                Registration Certificate. Special permits
                                                     prevent adverse economic impacts from                   sport, and subsistence use fisheries in               for community harvest, ceremonial, and
                                                     reduced harvest levels for fishery                      all Areas coastwide. This is due to the               educational purposes also are available
                                                     participants and fishing communities                    migration of U26 halibut among Areas.                 to qualified Alaska communities and
                                                     dependent on the fishery.                               Although information on the migration                 federally-recognized Alaska Native
                                                        The flexibility that the IPHC has in                 of U26 halibut on a coastwide basis is                tribes. A complete description of the
                                                     setting commercial catch limits is                      limited, the best available information               Subsistence Halibut Program is
                                                     demonstrated in the difference between                  indicates that a portion of the U26                   provided in the final rule to implement
                                                     the commercial catch limits relative to                 halibut in Area 4 migrate in a southward              the program (68 FR 18145, April 15,
                                                     the blue line catch limits derived from                 pattern through the Gulf of Alaska                    2003).
                                                     application of its harvest policy. From                 (Areas 3B and 3A), Southeast Alaska                      In addition to subsistence harvest,
                                                     2006 (the first year the IPHC adopted its               (Area 2C), British Columbia (Area 2B),                IPHC annual management measures
                                                     harvest policy) through 2015, the IPHC                  and ultimately to the west coast of the               allow halibut caught in the commercial
                                                     coastwide commercial catch limit                        United States (Area 2A). Therefore,                   halibut fishery that are less than the
                                                     recommendation exceeded the                             reducing U26 halibut removed as                       legal size limit of 32 inches to be
                                                     combined blue line catch limits for all                 bycatch in Area 4 would be expected to                retained for personal use in the Area 4D
                                                     Areas in 7 of the 10 years; and Area-                   contribute to the exploitable biomass in              and 4E CDQ halibut fishery as long as
                                                     specific commercial catch limits have                   various Areas as these halibut grow to                the fish are not sold or bartered. The
                                                     exceeded blue line catch limits in all                  a size where they can reproduce and                   CDQ groups are required to report the
                                                     Areas at least once, and for some Areas,                become available for harvest in halibut               amount of personal use halibut retained
                                                     in most years over the past 10 years (see               fisheries in future years in Area 4 and               during the CDQ halibut fishery to the
                                                     Table 3–5 in Section 3.1.2.2 of the                     elsewhere along the coast. Section                    IPHC. Section 3.1.4.4 of the Analysis
                                                     Analysis).                                              3.1.3.5 of the Analysis contains                      contains a description of the personal
                                                        Although the IPHC has adopted                        additional information on the                         use fishery.
                                                     commercial catch limits greater than the                proportions of halibut bycatch that are                  The commercial halibut fishery in the
                                                     blue line catch limit in most years, the                O26 and U26 by Area. Section 3.1.1.2 of               BSAI is managed under the IFQ and
                                                     halibut stock has not fallen to levels that             the Analysis contains additional                      CDQ Programs that allocate exclusive
                                                     reach the harvest control rule thresholds               information on the distribution and                   harvest privileges. The IFQ Program was
                                                     described in the ‘‘Status of the Halibut                migration of halibut among Areas.                     implemented in 1995 (58 FR 59375,
                                                     Stock’’ section of this preamble.                                                                             November 9, 1993). The Council and
                                                     Although neither the blue line catch                    B. Halibut Fisheries in the BSAI                      NMFS designed the IFQ Program to end
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                                                     limit derived from the IPHC’s harvest                      IPHC and NMFS regulations authorize                a wasteful and unsafe ‘‘race for fish,’’
                                                     policy, nor any commercial catch limit                  the harvest of halibut in commercial,                 and maintain the social and economic
                                                     adopted by the IPHC is the same as an                   personal use, sport and subsistence                   character of the fixed-gear fisheries and
                                                     OFL, ABC, or TAC used for management                    fisheries only by hook-and-line gear. In              the coastal fishing communities where
                                                     of groundfish fisheries in Alaska,                      the BSAI (Area 4), halibut is harvested               many of these fisheries are based.
                                                     Section 3.1.1.1 of the Analysis notes                   primarily in commercial fisheries and                 Access to the halibut and sablefish
                                                     that ‘‘in the last four years, there is no              secondarily in personal use,                          fisheries is limited to those persons
                                                     information to suggest that halibut is                  subsistence, and sport fisheries. Based               holding quota share (QS). Quota shares
                                                     subject to ‘overfishing’ as that term is                on recent harvest data from 2011                      equate to exclusive harvesting privileges


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                                                     71654                Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                     that are given effect on an annual basis                in the Area 4 CDQ and IFQ fisheries                   period of recent stability in the halibut
                                                     through the issuance of IFQ permits. An                 averaged 6.8 million pounds and                       exploitable biomass), the commercial
                                                     annual IFQ permit authorizes the permit                 generated an average of $32 million in                halibut fishery averaged 41 percent and
                                                     holder to harvest a specified amount of                 ex-vessel revenues annually from 2008                 bycatch averaged 55 percent of total
                                                     IFQ halibut or sablefish in a regulatory                through 2013. Area 4 halibut harvests                 removals. See Figure 3–12 and Section
                                                     area.                                                   and ex-vessel revenues declined over                  3.1.3 of the Analysis for additional
                                                        The CDQ Program was established in                   this period, resulting in negative                    detail.
                                                     1992 and amended substantially in 2006                  economic impacts for fishery                             Area 4CDE comprises most of the
                                                     (57 FR 54936, November 23, 1992).                       participants and affected fishing                     Bering Sea subarea and historically is
                                                     Under Section 305(i)(1)(D) of the                       communities.                                          the portion of Area 4 where the greatest
                                                     Magnuson-Stevens Act, a total of 65                        Since 2008, the Area 4 catch limit has             removals of halibut from commercial
                                                     villages are authorized to participate in               declined by 63 percent from the peak                  fisheries and bycatch occur (see Figure
                                                     the CDQ Program. Six CDQ groups                         catch limit of 8.85 million pounds in                 3–14 in Section 3.1.3.3 of the Analysis).
                                                     represent these villages. CDQ groups                    2008 to a low of 3.28 million pounds in               From 1990 to 1996, the commercial
                                                     manage and administer allocations of                    2014. The 2015 Area 4 commercial                      halibut fisheries averaged 23 percent
                                                     crab, groundfish, and halibut and use                   catch limit has increased slightly from               and bycatch averaged 77 percent of total
                                                     the revenue derived from the harvest of                 the recent low in 2014 to 3.82 million                halibut removals in Area 4CDE. From
                                                     these CDQ allocations to fund economic                  pounds. In 2008, the Area 4 commercial                1997 to 2011, commercial halibut
                                                     development activities and provide                      ex-vessel value peaked at $38 million.                fishery removals in Area 4CDE
                                                     employment opportunities on behalf of                   In 2013, Area 4 commercial ex-vessel                  increased as a portion of total removals;
                                                     the villages they represent.                            value was at its lowest at $18 million.               the commercial halibut fisheries
                                                        Section 305(i)(B) of the Magnuson-                   The declines in commercial catch limits               averaged 44 percent and bycatch
                                                     Stevens Act specifies the proportion of                 have been greatest in Area 4CDE. In                   averaged 56 percent of total halibut
                                                     crab, groundfish, and halibut in the                    Area 4CDE, the commercial halibut                     removals in Area 4CDE. In recent years,
                                                     BSAI allocated to the CDQ Program.                      fishery catch limit declined by 67                    proportion of halibut removals from the
                                                     Section 305(i)(C) of the Magnuson-                      percent from the peak catch limit of 3.89             commercial halibut fishery has
                                                     Stevens Act specifies the proportion of                 million pounds in 2008 to a low of                    declined. From 2012 through 2014, the
                                                     the overall CDQ Program allocations                     1.285 million pounds in 2014 and 2015.                commercial halibut fishery averaged 31
                                                     assigned to each CDQ group. Each year,                  During this period, the IPHC decided to               percent and bycatch averaged 68
                                                     NMFS publishes the specific annual                      provide additional harvest opportunity                percent of removals in Area 4CDE. See
                                                     allocations to each CDQ group on the                    in Area 4CDE by adopting higher                       Figure 3–12 in Section 3.1.3.3 of the
                                                     Alaska Region Web site at: http://                      commercial catch limits than would                    Analysis.
                                                     www.alaskafisheries.noaa.gov/cdq/                       have resulted if the IPHC’s blue line
                                                     current_historical.htm. The amount of                                                                         D. Halibut Bycatch Management in the
                                                                                                             harvest policy recommendations were
                                                     halibut for commercial harvest allocated                                                                      BSAI Groundfish Fisheries
                                                                                                             actually implemented. See Section
                                                     to the CDQ Program varies by halibut                    3.1.4.1, Section 4.5, and Appendix C of                  The Magnuson-Stevens Act authorizes
                                                     management area and ranges from 20 to                   the Analysis for a complete description               the Council and NMFS to manage
                                                     100 percent of the commercial catch                     of the Area 4 commercial halibut fishery              groundfish fisheries in the Alaska EEZ
                                                     limits assigned to Areas 4B, 4C, 4D, and                and the fishery participants. Additional              that take halibut as bycatch. The
                                                     4E. See Section 3.1.4.1 and Section 4.4.6               detail on the IPHC’s harvest policy and               groundfish fisheries cannot be
                                                     of the Analysis for additional                          catch limits is provided in Section                   prosecuted without some level of
                                                     information on the CDQ Program.                         3.1.2.1 of the Analysis.                              halibut bycatch because groundfish and
                                                        The combined CDQ and IFQ halibut                                                                           halibut occur in the same areas at the
                                                     fisheries in Area 4 were harvested by,                  C. Comparing Commercial Halibut                       same times and no fishing gear or
                                                     on average, approximately 330 vessels                   Catch and Halibut Bycatch (PSC) in the                technique has been developed that can
                                                     from 2008 through 2013 (see Table 4–93                  Groundfish Fisheries in the BSAI                      avoid all halibut bycatch. However, the
                                                     in Section 4.5.2 of the Analysis). The                     In Area 4, the specific proportion of              Council and NMFS have taken a number
                                                     majority of these 330 vessels participate               removals that are taken as bycatch in the             of management actions over the past
                                                     in the CDQ halibut fishery. Most vessels                groundfish fisheries or as catch in the               several decades to minimize halibut
                                                     participating in the CDQ halibut fishery                commercial halibut fishery has shifted                bycatch in the BSAI groundfish
                                                     use small vessels that make relatively                  over time. From 1990 to 1996 (the                     fisheries.
                                                     small harvests of several hundred or                    period prior to the recent peak and                      Most importantly, the Council has
                                                     several thousand pounds. Fewer vessels                  decline in removals in the halibut                    designated Pacific halibut and several
                                                     participate in the IFQ fishery, but                     fishery), the commercial halibut                      other species (herring, salmon and
                                                     approximately 80 percent of the overall                 fisheries averaged 37 percent and                     steelhead, king crab, and Tanner crab)
                                                     halibut harvest in Area 4 comes from                    bycatch averaged 60 percent of total                  as ‘‘prohibited species’’ (Section 3.6.1 of
                                                     vessels participating in the IFQ fishery                halibut removals in Area 4. From 1997                 the FMP). By regulation, the operator of
                                                     (see Section 4.5.1 of the Analysis for                  to 2011 (the period of the greatest                   any vessel fishing for groundfish in the
                                                     additional detail).                                     increase and subsequent decline in the                BSAI must minimize the catch of
                                                        The CDQ and IFQ halibut fisheries                    total removals of halibut), the                       prohibited species (§ 679.21(b)(2)(i)).
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                                                     provide revenue to vessel owners and                    commercial halibut fishery removals                      Although halibut is taken as bycatch
                                                     crew members that harvest halibut.                      increased as a portion of total removals;             by vessels using all types of gear (trawl,
                                                     These fisheries also provide economic                   the commercial halibut fisheries                      hook-and-line, pot, and jig gear), halibut
                                                     benefits to shorebased halibut                          averaged 57 percent and bycatch                       bycatch primarily occurs in the trawl
                                                     processors and socioeconomic benefits                   averaged 41 percent of total halibut                  and hook-and-line groundfish fisheries.
                                                     to BSAI fishing communities that                        removals. In more recent years, the                   NMFS manages halibut bycatch in the
                                                     provide support services to the halibut                 proportion of halibut removals from the               BSAI by (1) establishing halibut PSC
                                                     harvesting and processing sectors. The                  commercial halibut fishery has                        limits for trawl and non-trawl fisheries;
                                                     Analysis estimates that halibut harvests                declined. From 2012 through 2014 (the                 (2) apportioning those halibut PSC


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                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                          71655

                                                     limits to groundfish sectors, fishery                   limit to the groundfish CDQ sector as                 the full amount of the halibut PSC limit
                                                     categories, and seasons; and (3)                        PSQ Reserve. NMFS further apportions                  available to the trawl sector (see Table
                                                     managing groundfish fisheries to                        the halibut PSQ Reserve to each CDQ                   35 to part 679). A portion of the PSC
                                                     prevent PSC from exceeding the                          group as PSQ (§ 679.2) in proportion to               limit is left ‘‘in the water’’ and is not
                                                     established limits. The following                       the percentages specified by NMFS (71                 available for use as halibut PSC in the
                                                     sections provide additional information                 FR 51804, August 31, 2006). PSQ serves                groundfish fisheries. Since 2013, the
                                                     on the process NMFS uses to establish,                  as a halibut PSC limit for BSAI                       annual amount of halibut PSC limit left
                                                     apportion, and manage halibut PSC                       groundfish harvests by each CDQ group.                in the water has been 150 mt.
                                                     limits in the BSAI.                                        Under § 679.21(e)(3)(i)(A) and                     Additional description of the impacts of
                                                        Consistent with National Standard 1                  (e)(4)(i)(A), the halibut PSQ Reserve of              implementation of the Amendment 80
                                                     and National Standard 9 of the                          393 mt is deducted from the PSC limits                Program on BSAI halibut PSC
                                                     Magnuson-Stevens Act, the Council and                   established for both the trawl sector and             apportionment is provided in the
                                                     NMFS use halibut PSC limits in the                      the non-trawl sector: 326 mt is deducted              following ‘‘Overview of the BSAI
                                                     BSAI groundfish fisheries to minimize                   from the trawl gear halibut PSC limit of              Groundfish Sectors’’ section of the
                                                     bycatch to the extent practicable while                 3,675 mt and 67 mt is deducted from the               preamble.
                                                     achieving, on a continuing basis,                       non-trawl gear halibut PSC limit of 900
                                                     optimum yield from the groundfish                       mt. Sections 679.21(e)(3)(i)(A) and                      The BSAI halibut PSC limit for non-
                                                     fisheries. Halibut PSC limits in the                    (e)(4)(i)(A) specify that the PSQ reserve             trawl gear of 900 mt has been in effect
                                                     groundfish fisheries provide an                         is not further apportioned by gear or                 since 1993 (58 FR 14524, March 18,
                                                     additional constraint on halibut PSC                    fishery or season. Therefore, the CDQ                 1993). After assigning 67 mt for use by
                                                     mortality and promote conservation of                   groups may use their halibut PSQ in any               the CDQ sector as PSQ Reserve as
                                                     the halibut resource. With one limited                  trawl or non-trawl gear groundfish CDQ                described above, the remaining 833 mt
                                                     exception described later in this                       fishery, subject to other requirements in             of the non-trawl limit is further
                                                     preamble, groundfish fishing is                         regulation.                                           apportioned into PSC allowances among
                                                     prohibited once a halibut PSC limit has                    Following the deduction of the                     fishery categories through the annual
                                                     been reached for a particular sector or                 halibut PSQ reserve, the BSAI halibut                 harvest specifications process (80 FR
                                                     season. Therefore, halibut PSC limits                   PSC limit for trawl gear is further                   11919, March 5, 2015). These fishery
                                                     must be set to balance the needs of                     divided between the Amendment 80                      categories are specified in
                                                     fishermen, fishing communities, and                     and BSAI trawl limited access sectors as              § 679.21(e)(4)(ii) as: (1) Pacific cod
                                                     U.S. consumers that depend on both                      specified in Table 35 to part 679. The                hook-and-line catcher vessel fishery, (2)
                                                     halibut and groundfish resources.                       Amendment 80 sector is apportioned                    Pacific cod hook-and-line catcher/
                                                     1. Annual Halibut Bycatch (PSC) Limits                  2,325 mt. This amount is further                      processor fishery, (3) sablefish hook-
                                                     and Apportionments of PSC Limits                        apportioned to Amendment 80                           and-line fishery, (4) groundfish jig gear
                                                                                                             cooperatives and the Amendment 80                     fishery, (5) groundfish pot gear fishery,
                                                        The total annual halibut PSC limit in
                                                                                                             limited access fishery, if any vessels                and (6) other non-trawl fisheries.
                                                     the BSAI is 4,575 metric tons (mt) (10.1
                                                     million pounds). Of this amount, 3,675                  elect to participate in the limited access               Section 3.6 of the FMP authorizes the
                                                     mt is apportioned to trawl gear and 900                 fishery for that year. The apportionment              Council to exempt specific gear types
                                                     mt is apportioned to non-trawl gear as                  of halibut PSC to an Amendment 80                     from the non-trawl halibut PSC limits
                                                     specified at § 679.21(e). Trawl gear in                 cooperative is for exclusive use by the               that are established through the annual
                                                     the BSAI groundfish fisheries includes                  vessels participating in that cooperative.            harvest specifications process. In past
                                                     pelagic (midwater) trawl gear and non-                  The method for apportioning halibut                   annual consultations with the Council,
                                                     pelagic (bottom) trawl gear. Non-trawl                  PSC between Amendment 80                              NMFS has exempted pot gear, jig gear,
                                                     gear in the BSAI groundfish fisheries                   cooperatives and the Amendment 80                     and the sablefish IFQ hook-and-line gear
                                                     includes pot, hook-and-line, and jig                    limited access fishery is described at                fishery categories from the non-trawl
                                                     gear.                                                   § 679.91(d)(2) and (3). Beginning in                  halibut PSC limit. The Council and
                                                        The halibut PSC limit for trawl gear                 2011, all participants in the Amendment               NMFS have exempted these gear types
                                                     of 3,675 mt has been unchanged since                    80 sector have participated in                        from halibut PSC limits, given the
                                                     2000 (65 FR 31105, May 16, 2000).                       Amendment 80 cooperatives. Therefore,                 limited amount of halibut bycatch that
                                                     Section 3.6.4 of the FMP and § 679.21(e)                this preamble describes the harvesting                is known to occur by pot and jig gear
                                                     specify that the halibut PSC limit for                  and apportionment of halibut PSC to
                                                                                                                                                                   compared to the total halibut PSC use
                                                     trawl gear will be apportioned among                    Amendment 80 cooperatives in greater
                                                                                                                                                                   by other gear types. The sablefish IFQ
                                                     three groundfish sectors: (1) The CDQ                   detail.
                                                                                                                                                                   hook-and-line fishery has not been
                                                     Program (also called the CDQ sector in                     The BSAI trawl limited access sector
                                                                                                                                                                   included based on limited halibut PSC
                                                     the proposed rule preamble), (2) the                    is assigned 875 mt of halibut PSC. This
                                                                                                                                                                   use, particularly in the BSAI. Additional
                                                     Amendment 80 sector, and (3) the BSAI                   amount is further apportioned into PSC
                                                                                                                                                                   rationale for exempting these gear types
                                                     trawl limited access sector.                            allowances among fishery categories
                                                                                                                                                                   from halibut PSC limits is contained in
                                                        A portion of the BSAI halibut PSC                    through the annual harvest
                                                                                                                                                                   the final 2015 and 2016 harvest
                                                     limit for trawl gear is first apportioned               specifications process for those fishery
                                                                                                                                                                   specifications (80 FR 11919, March 5,
                                                     for use by the CDQ sector. The CDQ                      categories in which BSAI trawl limited
                                                                                                                                                                   2015).
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                                                     sector comprises all trawl and non-trawl                access fishery vessels participate. These
                                                     vessels that harvest groundfish under                   fishery categories are (1) pollock/Atka                  Figure 1 shows the process for
                                                     the CDQ Program. The CDQ sector                         mackerel/‘‘other species’’ fishery, (2)               establishing BSAI annual halibut PSC
                                                     receives its halibut PSC apportionment                  Pacific cod fishery, (3) rockfish fishery,            limits for each groundfish sector and the
                                                     as a Prohibited Species Quota (PSQ)                     and the 4) yellowfin sole fishery (80 FR              associated halibut PSC limits
                                                     Reserve (§ 679.2). Section 3.7.4.6 of the               11919, March 5, 2015)).                               established for 2015 (see Section 2.1 of
                                                     FMP and regulations at § 679.21(e)                         The Amendment 80 Program                           the Analysis for additional information).
                                                     allocate 393 mt of the BSAI halibut PSC                 established provisions that do not make               BILLING CODE 3510–22–P




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                                                                                                                                                                                                                         9§9TL
                                                                                                                                                                                                        samy pasodold/SIOZ ‘91 Joqwoaop ‘Aepuop/OZZ ‘ON ‘08 ‘TOA/4JajstSay feapaq
                  Figure 1. Flow Chart of the BSAI Halibut PSC Limit Apportionment Process and the Established Limits for 2015

                                  BSAIl Halibut PSC Limits
                                          (4,575 mt)
                                                                                     Trawl PSC                                                                           "
                     Non—Traw! PSC                                                   (3,675 mt)
                        (900 mt)                                                         |


                                                                        ¢                                 ¥.                                                                      Specified in
             |                            I,                         Trawl CDQ                      Trawl Non—                                                                     regulation
                                                                    PSQ Reserve                     CDQ PSC
         Non—Traw!                   Non—Traw!                         (326 mt)                      (3,349 mt)
       Non—CDQ PSC                   CcDQ PSQ                                                             |                                                                  >
         (833 mt)                     (67 mt)
                                      .                                                 V                                                             l
                                                                                        Amendment 80                     Y¥.
                                                         Y¥                                  (2,325 mt)               BSAI Traw! Limited        Unallocated Amendment
                                               CDQ PSQ Reserve                                                         Access Fishery                80 reductions
                                               (Unspecified Gear)                   rlfiL                                   (875 mt)                     (150 mt)
                                                      (393 mt
                                                                             Amendment 80          Amendment 80
                                                                                                   Limited Access                                                        _
     ______                                                                   Cooperatives
                         I                                                     (2,325 mt)               (0 mt)
1 All Other Targets :    1 Pacific Cod !                                                                                                                                 n
        (58 mt)     1    _ (775m
     ——————              To mae   m mm —I
                                                                                                                                                                             r
                                                                                                                                                                             I    Target fishery
                                                        \l,                                    wa y_ m _ _                 \l’                \1,               \1,          1 apportionment set in J
                                                                                              1     Pollock/      I                                   1 r=————4——
                                                                                                                                                             .    I
                                                                                                                                                                             1     annual harvest
           ! Non—Trawl CPs :                      1    Non—Trawl CVs     :                    1 Atka Mackerel/ : 1 PacificCod       1 :    Rockfish   i I Yellowfin Sole q   :_    specifications
                (760 mt)   1                      I        (15 mt)       1                    j Other Species ; :_ (453 mt)         1j      (5 mt)    1 L (167 mt)       p        T°TTTTCTITT
                 ------                           se —                                              (250 mt)
                                                                                              h w en mm m m m 1
                                                                                                                      mtt                                  t t t mue


                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                           71657

                                                     BILLING CODE 3510–22–C                                  Web site, http://                                     the section ‘‘BSAI Trawl Limited Access
                                                     2. Overview of the BSAI Groundfish                      alaskafisheries.noaa.gov/                             Sector.’’
                                                     Sectors                                                 sustainablefisheries/amds/80/                            Section 2.2.1 of the Analysis and the
                                                                                                             default.htm.                                          final rule implementing the Amendment
                                                     a. Amendment 80 Sector                                     As specified in Section 3.7.5.2.1 of the           80 Program provide more detailed
                                                        The Amendment 80 sector comprises                    FMP and at § 679.91, NMFS annually                    information on the process NMFS uses
                                                     trawl catcher/processors in the BSAI                    establishes a halibut PSC limit of 2,325              to assign Amendment 80 species and
                                                     active in groundfish fisheries other than               mt for the Amendment 80 sector. This                  halibut PSC to each Amendment 80
                                                     Bering Sea pollock (i.e., the head-and-                 halibut PSC limit is apportioned                      cooperative and the Amendment 80
                                                     gut fleet or Amendment 80 vessels). The                 between Amendment 80 cooperatives                     limited access fishery (72 FR 52668,
                                                     Amendment 80 species are the                            and the limited access fishery according              September 14, 2007). The allocations of
                                                     following six species: BSAI Atka                        to § 679.91. Amendment 80 cooperatives                Amendment 80 species TACs and
                                                     mackerel, Aleutian Islands Pacific ocean                are responsible for coordinating fishing              apportionments of halibut PSC to each
                                                     perch, BSAI flathead sole, BSAI Pacific                 activities to ensure the cooperative                  of the Amendment 80 cooperatives are
                                                     cod, BSAI rock sole, and BSAI yellowfin                 halibut PSC allocation is not exceeded.               provided in the final 2014 and 2015
                                                     sole (§ 679.2). The Amendment 80                        Section 679.91(h)(3)(xvi) prohibit each               harvest specifications for the BSAI
                                                     Program allocates a portion of the TACs                 Amendment 80 cooperative from using                   groundfish fisheries (80 FR 11919,
                                                     of the Amendment 80 species between                     halibut PSC in excess of the amount                   March 05, 2015).
                                                     the Amendment 80 Program and other                      specified on its annual Amendment 80                     The Amendment 80 groundfish
                                                     trawl fishery participants (72 FR 52668,                Cooperative Quota permit. The                         fisheries provide revenue to
                                                     September 14, 2007). The Amendment                      regulations further specify that each                 Amendment 80 vessel owners and crew
                                                     80 Program also allocates crab and                      member of the Amendment 80                            members that harvest and process
                                                     halibut PSC limits to constrain bycatch                 cooperative is jointly and severally                  groundfish. In addition, the fisheries
                                                     of these species while Amendment 80                     liable for any violations of the                      provide socioeconomic benefits to
                                                     vessels harvest groundfish. Fishing                     Amendment 80 Program regulations                      fishing communities that provide
                                                     under the Amendment 80 Program                          while fishing under the authority of an               support services for Amendment 80
                                                     began in 2008.                                          Amendment 80 Cooperative Quota                        vessel operations. Amendment 80
                                                        The Amendment 80 Program                             permit.                                               groundfish harvests in the BSAI
                                                     allocated QS for Amendment 80 species                      In a year when there are vessels                   averaged 328,000 mt and generated $325
                                                     based on the historical catch of these                  participating in the Amendment 80                     million in wholesale revenues annually
                                                     species by Amendment 80 vessels. The                    limited access fishery, NMFS apportions               from 2008 through 2013. Three
                                                     Amendment 80 Program allows and                         the halibut PSC limit for the                         groundfish species provided over three-
                                                     facilitates the formation of Amendment                  Amendment 80 limited access fishery                   quarters of the wholesale revenue for
                                                     80 cooperatives among QS holders who                    into PSC allowances for the following                 the Amendment 80 fleet from 2008
                                                     receive an exclusive harvest privilege.                 six trawl fishery categories in which the             through 2013: yellowfin sole (38 percent
                                                     This exclusive harvest privilege allows                 vessels could participate: (1) Yellowfin              of total revenue), Atka mackerel (20
                                                     Amendment 80 cooperative participants                   sole fishery, (2) rock sole/flathead sole/            percent), and rock sole (19 percent).
                                                     to collaboratively manage their fishing                 ‘‘other flatfish’’ fishery, (3) Greenland
                                                                                                                                                                   b. BSAI Trawl Limited Access Sector
                                                     operations and more efficiently harvest                 turbot/arrowtooth flounder/Kamchatka
                                                     groundfish and PSC allocations.                         flounder/sablefish fishery, (4) rockfish                 The BSAI trawl limited access sector
                                                        The Amendment 80 sector can be                       fishery, (5) Pacific cod fishery, and (6)             comprises all the trawl vessels in the
                                                     divided between vessels that focus                      pollock/Atka mackerel/‘‘other species’’               BSAI except Amendment 80 catcher/
                                                     primarily on flatfish (i.e., Alaska plaice,             fishery, which includes the midwater                  processors. From 2008 to 2013, 141
                                                     arrowtooth flounder, flathead sole, rock                pollock fishery (see § 679.21(e)(3)(i)(B),            vessels participated in the BSAI trawl
                                                     sole, and yellowfin sole) and those                     (e)(3)(ii)(C), and (e)(3)(iv)).                       limited access sector: 99 American
                                                     vessels that focus on Atka mackerel. In                    NMFS manages the Amendment 80                      Fisheries Act (AFA) catcher vessels that
                                                     2013, eleven Amendment 80 vessels                       limited access fishery halibut PSC                    primarily target pollock and also fish for
                                                     focused on flatfish targets. Eight vessels              allowances because participants in the                Pacific cod; 17 AFA catcher/processors
                                                     focused on targeting Atka mackerel. The                 Amendment 80 limited access fishery                   that primarily target pollock and also
                                                     flatfish-focused vessels have higher                    do not have exclusive privileges to use               fish for yellowfin sole and Pacific cod;
                                                     rates of halibut bycatch than the Atka                  a specific amount of halibut PSC. To                  and 25 non-AFA catcher vessels that
                                                     mackerel vessels. Section 4.4.2 of the                  manage halibut PSC, NMFS monitors                     primarily target Pacific cod and
                                                     Analysis provides detailed information                  participation and PSC use in the                      yellowfin sole, with some also targeting
                                                     on Amendment 80 sector participants,                    Amendment 80 limited access fishery                   Atka mackerel and Pacific ocean perch
                                                     harvests, and revenues in the BSAI                      categories. Except for the pollock/Atka               (see Section 4.4.3 of the Analysis for
                                                     groundfish fisheries.                                   mackerel/‘‘other species’’ fishery, NMFS              additional detail).
                                                        Annually, each Amendment 80 QS                       has the authority to close a trawl fishery               The AFA is a limited access program
                                                     holder elects to participate either in a                category in the Amendment 80 limited                  for Bering Sea pollock implemented by
                                                     cooperative or the limited access                       access fishery if NMFS concludes that                 statute in 1998 (Public Law 105–277, 16
                                                     fishery. Participants in the limited                    the fishery category will, or has,                    U.S.C.A. statutory note). The AFA
mstockstill on DSK4VPTVN1PROD with PROPOSALS2




                                                     access fishery do not receive an                        exceeded its halibut PSC allowance. A                 specified eligible vessels, established
                                                     exclusive harvest privilege for a portion               halibut PSC allowance is enforced                     sector allocations of pollock, and
                                                     of the TACs allocated to the                            through the prohibition against                       allowed vessels to form cooperatives.
                                                     Amendment 80 Program. Beginning in                      conducting any fishing contrary to                    All AFA catcher vessels and catcher/
                                                     2011, all QS holders have participated                  notification of inseason action, closure,             processors participate in the pollock
                                                     in one of two Amendment 80                              or adjustment (§ 679.7(a)(2)). The                    fishery through cooperatives. The
                                                     cooperatives. For additional detail see                 regulations establishing the exception                pollock fishery accounts for 64 percent
                                                     Amendment 80 Cooperative Reports                        for the pollock/Atka mackerel/‘‘other                 of all groundfish harvests in the BSAI
                                                     available on the NMFS Alaska Region                     species’’ fishery are explained below in              but takes a relatively small proportion of


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                                                     71658                Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                     halibut bycatch, averaging only 8                          In general, the PSC regulations state              ‘‘other species’’ fishery category recently
                                                     percent of total halibut bycatch in the                 that if NMFS determines that any of                   (i.e., 2013 and 2014) was below the
                                                     BSAI from 2008 through 2013.                            these trawl fisheries will reach the PSC              amount the PSC allowance for this
                                                        The BSAI trawl limited access sector                 allowance for that fishery (or a seasonal             fishery category. Based on recent halibut
                                                     is a limited access sector because                      apportionment of an allowance), NMFS                  PSC use, NMFS anticipates that halibut
                                                     vessels must have a License Limitation                  closes that trawl fishery in the BSAI for             PSC in this trawl fishery category would
                                                     Program (LLP) groundfish license to                     the rest of the year, or, if applicable, for          not exceed the PSC allowance that
                                                     conduct directed fishing for any                        the rest of the season (§ 679.21(e)(7)(v)).           would be established for this fishery
                                                     groundfish in BSAI (see § 679.4(k)(1)).                 NMFS has authority under current                      category under this proposed rule in
                                                     The LLP is a limited access program                     regulations to close the following trawl              future years. However, if this fishery did
                                                     because a limited number of licenses are                fisheries if they will reach their halibut            exceed its PSC allowance, NMFS
                                                     issued and a person only received an                    PSC allowance: (1) Yellowfin sole                     considers recent halibut PSC use each
                                                     LLP license if that person met specific                 fishery, (2) rock sole/flathead sole/                 year when it establishes PSC allowances
                                                     eligibility requirements. However, the                  ‘‘other flatfish’’ fishery, (3) Greenland             and could increase the PSC allowance
                                                     LLP does not allocate exclusive harvest                 turbot/arrowtooth flounder/Kamchatka                  for this fishery category. But because the
                                                     privileges for a specific portion of a                  flounder/sablefish fishery, (4) rockfish              regulation establishes an overall halibut
                                                     fishery TAC like the Amendment 80                       fishery, and (5) Pacific cod fishery                  PSC limit for the BSAI trawl limited
                                                     Program does for the six Amendment 80                   (§ 679.21(e)(7)(v)). For example, in May              access sector of 710 mt, an increase in
                                                     species or like the AFA does for Bering                 2014, NMFS closed the yellowfin sole                  the halibut PSC allowance for one
                                                     Sea pollock. Thus, for all species but                  fishery throughout the BSAI to prevent                fishery category in this sector would be
                                                     pollock, vessels in the BSAI trawl                      that fishery from exceeding its halibut               matched by a corresponding decrease in
                                                     limited access sector are in competition                PSC allowance (79 FR 29136, May 21,                   the halibut PSC allowance for other
                                                     with other participants to maximize                     2014). The Pacific cod and yellowfin                  fishery category or categories in this
                                                     their harvest of target species before                  sole fisheries are the primary fisheries              sector.
                                                     they reach either their halibut PSC                     that can be constrained by halibut PSC                   The BSAI trawl limited access
                                                     limits, or in the case of Bering Sea                    limits in the BSAI trawl limited access               fisheries provide revenue to vessel
                                                     pollock, Chinook salmon PSC limits.                     sector.                                               owners and crew members that harvest
                                                        As specified in Section 3.7.5.2.1 of the                The regulations include an exception               and process groundfish. In addition, the
                                                     FMP and at § 679.91, NMFS annually                      for the pollock/Atka mackerel/‘‘other                 fisheries provide socioeconomic
                                                     establishes a halibut PSC limit of 875 mt               species’’ fishery category. If the pollock/           benefits to fishing communities that
                                                     for the BSAI trawl limited access sector.               Atka mackerel/‘‘other species’’ fishery               provide support services for BSAI trawl
                                                     This halibut PSC limit of 875 mt is                     category will reach its halibut PSC                   limited access vessel operations.
                                                     apportioned to fishery categories                       allowance, NMFS does not have the                     Groundfish harvests in the BSAI trawl
                                                     through the annual harvest specification                authority to close the pollock/Atka                   limited access fisheries averaged 1
                                                     process. NMFS apportions this sector’s                  mackerel/‘‘other species’’ fishery                    million mt and generated $1.3 billion in
                                                     PSC limit into PSC allowances among                     category. This is the result of the                   wholesale revenues from 2008 through
                                                     the following trawl fishery categories:                 interaction of several regulations. As                2013. During this period, the pollock
                                                     (1) Yellowfin sole fishery, (2) rock sole/              noted previously, NMFS must count all                 fishery was 93 percent of the groundfish
                                                     flathead sole/‘‘other flatfish’’ fishery, (3)           halibut PSC in the midwater pollock                   harvest and wholesale revenue for the
                                                     Greenland turbot/arrowtooth flounder/                   fishery category against the PSC                      BSAI trawl limited access sector. The
                                                     Kamchatka flounder/sablefish fishery,                   allowance for the pollock/Atka                        Pacific cod fishery was 4 percent and
                                                     (4) rockfish fishery, (5) Pacific cod                   mackerel/‘‘other species’’ fishery                    the yellowfin sole fishery was 2 percent
                                                     fishery, and (6) pollock/Atka mackerel/                 category (§ 679.21(e)(3)(ii)(C)). By a                of the groundfish harvest and wholesale
                                                     ‘‘other species’’ fishery, which includes               regulation adopted in 1992, if the PSC                revenue for the BSAI trawl limited
                                                     the midwater pollock fishery. For                       allowance for the pollock/Atka                        access sector. Section 4.4.3 of the
                                                     additional detail see Table 16 in the                   mackerel/‘‘other species’’ category will              Analysis provides detailed information
                                                     2015 and 2015 final harvest                             be reached, NMFS only has authority to                on participants, harvests, and revenues
                                                     specifications (80 FR 11919, March 5,                   close directed fishing for pollock to                 in the BSAI trawl limited access sector
                                                     2015) and § 679.21(e)(3)(i)(B),                         trawl vessels using nonpelagic trawl                  fisheries.
                                                     (e)(3)(ii)(C), and (e)(3)(iv)).                         gear (57 FR 43926, 43935, September 23,
                                                        After NMFS establishes PSC                                                                                 c. BSAI Non-trawl Sector
                                                                                                             1992; § 679.21(e)(7)(i)). However, in
                                                     allowances for these trawl fishery                      2000, NMFS prohibited directed fishing                   The BSAI non-trawl sector comprises
                                                     categories, NMFS may, through the                       for pollock in the BSAI with nonpelagic               all the non-trawl vessels in the BSAI
                                                     annual harvest specification process,                   trawl gear at all times and extended that             except vessels fishing for groundfish in
                                                     further apportion the allowances by                     prohibition to CDQ sector vessels in                  the CDQ sector. Non-trawl vessels
                                                     season, according to criteria specified in              2006 (65 FR 31105, May 16, 2000; 71 FR                participating in the CDQ sector are
                                                     regulation (§ 679.21(e)(5)). NMFS                       36694, June 28, 2006; § 679.24(b)(4)).                addressed in the following section of the
                                                     apportions some halibut PSC                             Thus, if the halibut PSC allowance for                preamble. As described in the ‘‘Annual
                                                     allowances in specific groundfish                       the trawl fishery category of pollock/                Halibut Bycatch (PSC) Limits and
                                                     fisheries by season to ensure that a                    Atka mackerel/‘‘other species’’ will be               Apportionments of PSC Limits’’ section
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                                                     portion of the halibut PSC allowance for                reached, NMFS does not have authority                 of the preamble above, the Council and
                                                     that fishery is available for use earlier in            to take additional action. The Council                NMFS have exempted pot gear, jig gear,
                                                     the year and a portion of the halibut                   did not recommend, and NMFS did not                   and the sablefish IFQ hook-and-line gear
                                                     PSC allowance remains to support                        propose, changes in the management of                 fishery categories from halibut PSC
                                                     groundfish fishing in that fishery that                 the pollock/Atka mackerel/‘‘other                     limits. Because these three fishery
                                                     occurs later in the year. The limits                    species’’ fishery.                                    categories are currently exempted from
                                                     assigned to each season for a groundfish                   Even though NMFS does not have                     halibut PSC limits, this section of the
                                                     fishery reflect halibut PSC likely to be                authority to close this fishery, halibut              preamble does not address these fishery
                                                     taken during that season in that fishery.               PSC use in the pollock/Atka mackerel/                 categories (see Section 3.1.3.1 of the


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                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                          71659

                                                     Analysis for additional detail on the pot               catcher/processor harvested                           harvests, and revenues in the BSAI
                                                     gear, jig gear, and the sablefish IFQ                   approximately 40 percent of the total                 trawl limited access groundfish
                                                     hook-and-line gear fishery categories).                 amount of Greenland turbot harvested                  fisheries.
                                                        From 2008 to 2013, an average of 47                  in the BSAI from 2008 through 2013
                                                     vessels participated in the portion of the                                                                    d. CDQ Sector
                                                                                                             (see Table 4–10 in Section 4.4.1.6 and
                                                     BSAI non-trawl sector subject to halibut                Table 4–50 in Section 4.4.4.2 of the                     The CDQ sector includes all trawl and
                                                     PSC limits: 35 hook-and-line catcher/                   Analysis). During this time period, 20                non-trawl vessels that harvest
                                                     processor vessels that primarily targeted               unique vessels participated in the hook-              groundfish under the CDQ Program.
                                                     Pacific cod and to a lesser extent                      and-line catcher/processor fishery for                CDQ vessels primarily target pollock
                                                     Greenland turbot; and 12 hook-and-line                  Greenland turbot, although the number                 using trawl gear and target Pacific cod
                                                     catcher vessels that targeted only Pacific              of vessels participating in recent years              using hook-and-line gear. Other species
                                                     cod.                                                    (from 2010 through 2013) has ranged                   such as yellowfin sole, several flatfish
                                                        Hook-and-line catcher/processor                      between 13 and 7 each year (see Section               species, Atka mackerel and Pacific
                                                     vessels that target Pacific cod comprise                4.4.4.1 of the Analysis).                             ocean perch allocated to the CDQ sector
                                                     the greatest number of vessels and                         Under current regulations, the non-                are targeted by vessels using trawl gear.
                                                     amount of harvests in the non-trawl                     trawl sector’s PSC limit of 833 mt is                    From 2008 to 2013, 56 vessels
                                                     sector. The Analysis shows that from                    apportioned under the annual harvest                  participated in the CDQ sector using
                                                     2008 through 2013, hook-and-line                        specification process. Section                        trawl and non-trawl gear to harvest
                                                     catcher/processors harvested more than                  679.21(e)(4)(i)(C) specifies that NMFS                BSAI groundfish, with nearly 60 percent
                                                     98 percent of all of the fish harvested by              will apportion the BSAI non-trawl                     of the vessels operating in the pollock
                                                     the non-trawl sector. Most of this                      sector’s PSC limit into PSC allowances                and Pacific cod target fisheries. The
                                                     harvest was from the BSAI Pacific cod                   ‘‘based on each category’s proportional               pollock fishery accounted for 73 percent
                                                     fishery. The BSAI hook-and-line                         share of the anticipated bycatch                      of the total groundfish harvest in the
                                                     catcher/processors harvested 99 percent                 mortality of halibut during a fishing                 CDQ sector from 2008 through 2013.
                                                     of the total amount of Pacific cod                      year and the need to optimize the                     Vessels participating in the CDQ sector
                                                     harvested in the BSAI by non-trawl                      amount of total groundfish harvested                  fully harvest the sector’s pollock and
                                                     vessels. The BSAI Pacific cod fishery                   under the non-trawl halibut PSC limit.’’              Pacific cod allocations. Vessels
                                                     comprised 98 percent of total harvests                  As explained above in ‘‘Annual Halibut                participating in the CDQ sector have not
                                                     for the hook-and-line catcher/processors                Bycatch (PSC) limits and                              fully harvested other allocations of
                                                     from 2008 through 2013 (see Sections                    Apportionment of PSC limits,’’ NMFS                   groundfish species due to a variety of
                                                     4.4.4 and 4.4.5 of the Analysis). All but               has apportioned the PSC limit for the                 operational factors and choices
                                                     one hook-and-line catcher/processor                     BSAI non-trawl sector among three non-                described in Section 4.4.6 of the
                                                     fishing in the BSAI participates in a                   trawl fishery categories: (1) Pacific cod             Analysis.
                                                     voluntary cooperative, the Freezer                      hook-and-line catcher vessel fishery, (2)                As specified in Section 3.7.4.6 of the
                                                     Longline Conservation Cooperative                       Pacific cod hook-and-line catcher/                    FMP and at § 679.21(e), NMFS annually
                                                     (FLCC). The FLCC has allowed hook-                      processor fishery, and (3) other non-                 establishes a halibut PSC limit of 393 mt
                                                     and-line catcher/processors to fish as a                trawl fisheries. NMFS has the same                    for the CDQ sector. The halibut PSC
                                                     coordinated group and has allowed less                  authority to apportion, by season, the                limit is divided among the six CDQ
                                                     efficient vessels to decrease fishing or                halibut PSC allowances among the non-                 groups by established percentages (71
                                                     stop entirely. Additional details about                 trawl fisheries as it has for the trawl               FR 51804 (August 31, 2006). Each CDQ
                                                     the FLCC are provided in Section 4.4.4.8                fisheries (§ 679.21(e)(5)).                           group receives an apportionment of this
                                                     of the Analysis.                                           As with trawl fisheries, NMFS                      halibut PSC limit as halibut prohibited
                                                        The BSAI non-trawl sector also                       manages the halibut PSC allowances for                species quota (PSQ), which is a specific
                                                     includes hook-and-line catcher vessels                  the non-trawl fisheries through fishery               amount of halibut that vessels fishing
                                                     that exclusively target Pacific cod. Data               closures. Section 679.21(e)(8) specifies              for that CDQ group may use in a year.
                                                     from 2008 through 2013 show that                        that if NMFS concludes that a non-trawl               The apportionment of halibut PSQ to
                                                     harvests of BSAI Pacific cod comprised                  fishery will reach its halibut PSC                    each CDQ group is similar to the
                                                     100 percent of the total harvests and                   allowance (or a seasonal apportionment                apportionment of halibut PSC
                                                     total revenue for these vessels. The                    of an allowance), it will close that non-             Cooperative Quota to an Amendment 80
                                                     BSAI hook-and-line catcher vessels                      trawl fishery in the entire BSAI for the              cooperative. The CDQ group manages
                                                     targeting Pacific cod harvested 1 percent               rest of the year (or the rest of the                  the use of its halibut PSQ
                                                     of the total amount of Pacific cod                      season).                                              apportionment. The CDQ group has the
                                                     harvested in the BSAI by non-trawl                         The non-trawl fisheries provide                    responsibility to ensure that the vessels
                                                     vessels from 2008 through 2013. During                  revenue to vessel owners and crew                     fishing its CDQ groundfish allocation do
                                                     this period, 42 unique vessels                          members that harvest and process                      not use halibut PSQ in excess of the
                                                     participated in the hook-and-line                       groundfish on catcher vessels and                     amount of the CDQ group’s halibut PSQ.
                                                     catcher vessel fishery, although the                    catcher/processors. In addition, the                  This limit is enforced at § 679.7(d)(3),
                                                     number of vessels participating in this                 fisheries provide economic benefits to                which prohibits a CDQ group from
                                                     fishery has declined from 20 in 2008 to                 shorebased processors that receive                    exceeding its apportionment of halibut
                                                     11 in 2013 (see Section 4.4.5.1 of the                  landings of Pacific cod from catcher                  PSQ.
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                                                     Analysis).                                              vessels and to fishing communities that                  The CDQ groundfish fisheries provide
                                                        Some non-trawl vessels also harvest                  provide support services for BSAI non-                revenue to CDQ groups that receive
                                                     groundfish other than Pacific cod, but                  trawl vessel operations. Groundfish                   royalties from leasing their groundfish
                                                     harvests of these other species are                     harvests in the BSAI non-trawl fisheries              allocations for harvest by vessels that
                                                     limited. Over the past decade, only                     averaged 116,000 mt and generated $160                participate in non-CDQ groundfish
                                                     hook-and-line catcher/processors have                   million in wholesale revenues annually                fisheries. In addition, CDQ groundfish
                                                     participated in the other non-trawl                     from 2008 through 2013. Sections 4.4.4                harvests provide revenue to vessel
                                                     fisheries, specifically targeting                       and 4.4.5 of the Analysis provides                    owners and crew members that harvest
                                                     Greenland turbot. Hook-and-line                         detailed information on participants,                 and process groundfish on catcher


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                                                     71660                      Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                     vessels and catcher/processors, to                                     percent of its non-pollock species                      participants, harvests, and revenues in
                                                     shorebased processors that receive                                     allocations. During this period, vessels                the CDQ halibut fisheries.
                                                     landings of CDQ groundfish, and to                                     in the CDQ sector averaged annual non-
                                                     fishing communities that provide                                       pollock groundfish harvests of 42,000                   3. Halibut Bycatch (PSC) Use in the
                                                     support services for vessels fishing in                                mt and $50 million in wholesale                         BSAI Groundfish Sectors
                                                     CDQ groundfish fisheries. By species,                                  revenues. Section 4.4.6 of the Analysis                   The annual halibut PSC limit
                                                     the CDQ groundfish allocations that                                    provides detailed information on
                                                                                                                                                                                    established for each BSAI groundfish
                                                     generate revenue for the CDQ groups are                                participants, harvests, and revenues in
                                                                                                                                                                                    sector is an upper limit on halibut PSC
                                                     as follows: 75 percent of wholesale                                    the CDQ groundfish fisheries.
                                                     revenue from pollock; 15 percent from                                     As described in the ‘‘Halibut Fisheries              in that sector for that year. However, the
                                                     Pacific cod; 6 percent from yellowfin                                  in the BSAI’’ section of the preamble                   amount of halibut PSC used by a BSAI
                                                     sole; and 4 percent from all other                                     above, CDQ groups also receive an                       groundfish sector is almost always less
                                                     species. Section 4.4.6.1 of the Analysis                               annual allocation of the commercial                     than its halibut PSC limit. Halibut PSC
                                                     describes the vessels that participate in                              halibut fishery catch limit                             use is less than the halibut PSC limit
                                                     harvesting the CDQ allocations of                                      recommended by the IPHC. CDQ halibut                    due to a wide range of operational
                                                     groundfish.                                                            allocations provide revenue to vessel                   factors such as the need to avoid a
                                                        From 2008 through 2013, the CDQ                                     owners and crew members that harvest                    closure or an enforcement action if a
                                                     sector has consistently harvested almost                               and process halibut, to shorebased                      PSC allocation or allowance is reached.
                                                     100 percent of its pollock allocations.                                processors that receive landings of CDQ                 Table 1 shows the halibut PSC limit and
                                                     The average annual pollock harvests                                    halibut, and to fishing communities that                average halibut PSC use for the
                                                     from 2008 through 2014 are 112,000 mt                                  provide support services for vessels                    Amendment 80, BSAI trawl limited
                                                     resulting in $150 million in wholesale                                 fishing in CDQ halibut fisheries.                       access, BSAI non-trawl, and CDQ
                                                     revenues. From 2008 through 2013, the                                  Sections 4.5.1 and 4.5.2 of the Analysis                sectors from 2008 through 2014.
                                                     CDQ sector harvested an average of 60                                  provide detailed information on

                                                       TABLE 1—CURRENT BSAI HALIBUT PSC LIMITS AND USE BY BSAI GROUNDFISH SECTOR FROM 2008 THROUGH 2014
                                                                                                                                                                                                          Average        Average
                                                                                                                                                               Current annual                           annual BSAI    annual BSAI
                                                                                                                                                                                    Average
                                                                                                                                                                BSAI halibut                            halibut PSC    halibut PSC
                                                                                                                                             Current annual                       annual BSAI
                                                                                                                                                               PSC limit as a                             use from       use from
                                                                                                                                              BSAI halibut                        halibut PSC
                                                                              BSAI Groundfish sector                                                           % of the total                          2008–2014 as     2008–2014
                                                                                                                                               PSC limit                            use from
                                                                                                                                                                annual BSAI                             a % of total   as % of the
                                                                                                                                                  (mt )                            2008–2014
                                                                                                                                                                halibut PSC                             annual BSAI       sector’s
                                                                                                                                                                                      (mt)
                                                                                                                                                                    limit                               halibut PSC    BSAI halibut
                                                                                                                                                                                                             use         PSC limit

                                                     Amendment 80 sector ..........................................................                   2,325                  53              2,047                59             88
                                                     BSAI trawl limited access sector .........................................                         875                  20                710                20             81
                                                     BSAI non-trawl sector ..........................................................                   833                  19                505                15             61
                                                     CDQ sector ..........................................................................              393                   9                215                 6             55

                                                           Total for all sectors .......................................................              4,426                100               3,477              100              79



                                                        Table 1 shows that the Amendment                                    through 2014, varying from 55 percent                   67 percent of the sector limit in 2013.
                                                     80 sector used the largest portion of                                  of the sector limit in 2010 to 110 percent              Halibut PSC use in the CDQ sector has
                                                     halibut PSC in recent years. The                                       of the sector limit in 2012.                            typically been much lower than the PSC
                                                     Amendment 80 sector used, on average,                                    The BSAI non-trawl sector used, on                    limit due to a variety of operational
                                                     approximately 60 percent of the total                                  average, 61 percent of its annual halibut               choices to limit catch of some
                                                     amount of halibut PSC used by all BSAI                                 PSC limit from 2008 through 2014. Like                  groundfish species, and the methods
                                                     groundfish sectors from 2008 through                                   the trawl sectors, halibut PSC use in the               used by CDQ groups to assign halibut
                                                     2014. The BSAI trawl limited access                                    non-trawl sector varied substantially on                PSC when fishing jointly for CDQ and
                                                     sector used 20 percent, the BSAI non-                                  an annual basis. Almost all of the                      non-CDQ species. Section 4.4.6.2 of the
                                                     trawl sector used 15 percent, and the                                  halibut PSC in the non-trawl sector is                  Analysis describes these factors in
                                                     CDQ sector used 6 percent of the total                                 used by hook-and-line catcher/
                                                                                                                                                                                    greater detail.
                                                     amount of halibut PSC.                                                 processors targeting Pacific cod. These
                                                        Table 3–14 in Section 3.1.3.3 of the                                vessels averaged 98 percent of the total                  For all sectors, Section 3.1.3.3 of the
                                                     Analysis shows halibut PSC annually                                    non-trawl halibut PSC use from 2008                     Analysis describes the annual variations
                                                     for each sector from 2008 through 2014.                                through 2014. Halibut PSC use in the                    in halibut PSC use resulting from
                                                     The Amendment 80 sector used, on                                       Pacific cod hook-and-line catcher/                      changes in groundfish TACs and
                                                     average, 88 percent of its annual halibut                              processor sector has declined since 2010                changes in weather, environmental
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                                                     PSC limit from 2008 through 2014.                                      following formation of the FLCC. From                   conditions, and other factors. Historical
                                                     Halibut PSC use in the Amendment 80                                    2008 through 2014, halibut PSC use by                   halibut PSC use information shows that
                                                     sector varies annually, and the sector’s                               the non-trawl sector ranged from 52                     each sector’s PSC use has varied
                                                     use as a percentage of the limit from                                  percent of the sector limit in 2014 to 74               annually in response to these changing
                                                     2008 through 2014 ranged from 78                                       percent of the sector limit in 2008.                    conditions. NMFS anticipates that these
                                                     percent in 2011 to 97 percent in 2010.                                   The CDQ sector used, on average, 55                   annual variations in halibut PSC use
                                                        The BSAI trawl limited access sector                                percent of its annual halibut PSC limit                 would continue under the proposed
                                                     used, on average, 81 percent of its                                    from 2008 through 2014, varying from                    rule.
                                                     annual halibut PSC limit from 2008                                     38 percent of the sector limit in 2009 to


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                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                           71661

                                                     III. Rationale and Impacts of                           national standards in section 301(a) of               inches in length (O26) from halibut that
                                                     Amendment 111 and the Proposed Rule                     the Magnuson-Stevens Act. This                        are under 26 inches in length (U26) for
                                                        Amendment 111 and the proposed                       preamble has already described the                    purposes of the annual stock assessment
                                                     rule would reduce the current halibut                   consideration of National Standard 1                  and for establishing commercial fishery
                                                     PSC limits for the BSAI groundfish                      (prevent overfishing while ensuring, on               catch limits, and (2) establish the blue
                                                     fisheries. Amendment 111 and the                        a continuing basis, optimum yield from                line catch limit as the commercial
                                                     proposed rule are necessary to minimize                 the fisheries), and National Standard 9               fishery catch limit for all IPHC areas.
                                                     halibut bycatch to the extent practicable               (minimize bycatch, to the extent                      The Analysis assumes application of the
                                                     in the BSAI groundfish fisheries, while                 practicable, and where bycatch cannot                 IPHC harvest policy because it
                                                                                                             be avoided, minimize bycatch                          represents the stated policies of the
                                                     at the same time providing for the long-
                                                                                                             mortality). Two other national standards              IPHC and because possible changes in
                                                     term sustainable optimum yield from
                                                                                                             were particularly relevant to the Council             this policy, or the specific commercial
                                                     the groundfish fisheries. By reducing
                                                                                                             and NMFS in developing Amendment                      catch limits that will actually be
                                                     halibut PSC in the groundfish fisheries
                                                                                                             111 and the proposed rule: National                   adopted by the IPHC, cannot be known
                                                     from current levels, the proposed rule
                                                                                                             Standard 8 (provide for the sustained                 or predicted. As described above in the
                                                     may provide additional harvest
                                                                                                             participation of fishing communities                  ‘‘Allocation of Halibut Among
                                                     opportunities in halibut fisheries in the
                                                                                                             and to the extent practicable, minimize               Fisheries’’ section above, the IPHC is
                                                     BSAI and, ultimately, in other Areas
                                                                                                             adverse economic impacts on such                      not required to apply its harvest policy
                                                     (Areas 2 and 3). This section describes
                                                                                                             communities) and National Standard 4                  and frequently has deviated from it
                                                     the rationale for and the anticipated                   (allocation of fishing privileges shall be            when adopting annual catch limits.
                                                     impacts of the halibut PSC limit                        fair and equitable). Section 6.1 of the               However, for purposes of this analysis,
                                                     reductions that would be implemented                    Analysis provides additional detail on                assuming application of the IPHC
                                                     by the proposed rule.                                   the consideration of the national                     harvest policy is the best available
                                                        In recommending the proposed rule,                   standards. The Council believes, and                  method for analyzing the effects of
                                                     the Council considered the fact that the                NMFS agrees, that the proposed PSC                    Amendment 111 and the proposed rule.
                                                     halibut resource is fully allocated.                    limit reductions are consistent with the                 Second, based on this assumption, the
                                                     Recent declines in halibut exploitable                  national standards.                                   Analysis provides a prospective
                                                     biomass, particularly in Area 4 in the                     The Council and NMFS considered                    evaluation of the economic impacts of
                                                     BSAI, underscore the need to minimize                   the impacts of alternative ranges of                  halibut PSC limit reductions on halibut
                                                     bycatch of halibut in the groundfish                    halibut PSC limit reductions on (1) the               fisheries and the groundfish fisheries for
                                                     fisheries to the extent practicable. Since              halibut stock, (2) the halibut fishery                ten years (2014 through 2023) under two
                                                     the existing BSAI halibut PSC limits                    participants and fishing communities                  scenarios with different assumptions
                                                     were established in 2000, the                           that are engaged in directed halibut                  about the ability of fishery participants
                                                     exploitable biomass has declined and                    fisheries in the BSAI and in other Areas,             to coordinate harvesting activities to
                                                     the commercial halibut sector has                       and (3) the BSAI groundfish fishery                   minimize halibut PSC. The ‘‘low
                                                     experienced decreased catch limits as a                 participants and fishing communities                  impact’’ scenario assumes that fishery
                                                     result (see Section 2.4 of the Analysis).               that are engaged in the BSAI groundfish               participants are able to coordinate
                                                        Since 2008, the commercial halibut                   fisheries. The Analysis provides                      harvesting activities to achieve almost
                                                     fishery catch limit in the BSAI in Area                 detailed information that the Council                 optimal efficiency in the use of PSC
                                                     4 has declined, although the 2015                       and NMFS considered for the proposed                  across all sectors. In other words, the
                                                     commercial catch limit in Area 4 has                    rule.                                                 impact of halibut PSC reductions can be
                                                     increased slightly from the recent low in                  After considering these factors, the               mitigated to the maximum extent
                                                     2014. The Council determined that the                   Council recommended, and NMFS                         practicable through well-coordinated
                                                     proposed rule is necessary because                      proposes, to reduce halibut PSC limits                sector-wide efforts. The ‘‘high impact’’
                                                     catch limits for the commercial halibut                 by 25 percent in the Amendment 80                     scenario assumes significantly less
                                                     fisheries in the BSAI have declined in                  sector, 15 percent in the BSAI trawl                  coordination across the sector and
                                                     recent years and because the halibut                    limited access sector, 15 percent in the              models each company operating
                                                     PSC used in the BSAI groundfish                         non-trawl sector, and 20 percent in the               individually to optimize its PSC use. In
                                                     fisheries has increased as a proportion                 CDQ sector. The resulting halibut PSC                 other words, each company within a
                                                     of total halibut removals.                              limits from this proposed reduction                   sector will attempt to mitigate the
                                                        In recommending the proposed rule,                   would be 1,745 mt for the Amendment                   impact of halibut PSC reductions on
                                                     the Council and NMFS considered                         80 sector; 745 mt for the BSAI trawl                  their operations, but with less well-
                                                     alternatives that ranged from a 10                      limited access sector; 710 mt for the                 coordinated sector-wide efforts. Section
                                                     percent to a 50 percent reduction in                    BSAI non-trawl sector; and 315 mt for                 4.6 of the Analysis details the methods
                                                     halibut PSC limits for each of the four                 the CDQ sector. The following sections                used. Based on the Analysis and
                                                     BSAI groundfish sectors: the                            of the preamble describe the rationale                information provided to the Council in
                                                     Amendment 80, the BSAI trawl limited                    for and impacts of the proposed rule on               public testimony, NMFS determined
                                                     access, the non-trawl, and the CDQ                      the halibut stock, the directed halibut               that the BSAI groundfish sectors have
                                                     sectors. The Council and NMFS                           fishery and fishing communities, and                  varying abilities to optimize efficient
                                                     determined that it was appropriate to                   the BSAI groundfish fishery participants              use of halibut PSC, and it is likely that
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                                                     recommend a PSC limit reduction for                     and fishing communities.                              the actual economic impacts of the
                                                     each sector to recognize differences                                                                          proposed rule will fall within the range
                                                     among the sectors in halibut PSC use                    A. Methods for Analysis of Impacts
                                                                                                                                                                   between the low impact and high
                                                     and management as well as differences                     In order to analyze the impact of the               impact scenarios presented in the
                                                     in fishery participation, gear and                      proposed rule and other alternatives                  Analysis.
                                                     operation type, and available tools to                  considered, the Analysis made two
                                                     further reduce halibut PSC use.                         broad assumptions. First, the Analysis                B. Impacts on the Halibut Stock
                                                        In making its recommendation, the                    assumed the IPHC would (1)                              The Council determined, and NMFS
                                                     Council and NMFS also considered the                    differentiate halibut that are over 26                agrees, that the proposed rule would


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                                                     71662                Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                     reduce halibut PSC relative to current                  reproduce and then ultimately be                      C. Impacts on Halibut Fishery
                                                     halibut PSC use. This reduction in                      harvested in the commercial, personal                 Participants and Fishing Communities
                                                     halibut PSC use is expected to increase                 use, sport and subsistence fisheries on
                                                     the total amount of halibut exploitable                 a coastwide basis. The extent to which                   In recommending the proposed rule,
                                                     biomass, and potentially the female                     a decrease in U26 halibut PSC may                     the Council and NMFS considered the
                                                     spawning biomass. Reductions in                         affect the coastwide female spawning                  impacts of reducing halibut PSC limits
                                                     halibut PSC would be expected to                        biomass is not well-known based on the                on fishermen and fishing communities
                                                     provide additional harvest opportunities                best available information (see Section               that depend on the halibut resources in
                                                     to commercial, personal use, sport, and                 3.1.1.2 of the Analysis for additional                the BSAI and in other Areas in Alaska,
                                                     subsistence halibut fisheries in the BSAI               detail).                                              British Columbia, and the U.S. West
                                                     and in other Areas.                                                                                           Coast, including the commercial,
                                                                                                                While the impacts of a decrease in
                                                        Overall, the Council’s                                                                                     personal use, sport, and subsistence
                                                                                                             U26 halibut mortality on the coastwide
                                                     recommendation is expected to result in                                                                       fisheries (see Section 4.13.3 and 4.14.1
                                                                                                             halibut stock are not well-known, the
                                                     a decrease of approximately 361 mt in                                                                         of the Analysis).
                                                                                                             best available information suggests that
                                                     halibut PSC relative to current levels of               reductions in U26 halibut PSC under                      Specifically, the Analysis estimates
                                                     halibut PSC use (see Section 4.13 of the                the proposed rule are unlikely to impact              the potential increases in halibut fishery
                                                     Analysis). A decrease of 361 mt                         the long-term abundance of the halibut                harvests and revenues in Area 4 and in
                                                     represents approximately a 10 percent                   stock. The Analysis estimates that even               other Areas from reduced halibut PSC
                                                     decrease in total halibut PSC relative to               under the most conservative halibut                   limits. The proposed reduction in
                                                     current use. This estimate is based on                  PSC reductions considered by the                      halibut PSC limits could benefit
                                                     the assumption that the Amendment 80                    Council, a 50 percent reduction of the                participants in the commercial halibut
                                                     sector, which is the sector most                        PSC limits in all four BSAI groundfish                fisheries if it results in increased levels
                                                     constrained by the proposed halibut                     sectors, the reduction in the amount of               of harvestable halibut and increased
                                                     PSC limit, would fully use its halibut                  U26 halibut PSC would likely range                    catch limits. Catch limits are not
                                                     PSC limit of 1,745 mt in each year. As                  from 690,000 pounds to 740,000                        established for the personal use, sport,
                                                     Table 1 of this preamble and Section                    pounds. Therefore, even under the                     and subsistence halibut fisheries in Area
                                                     3.1.3.3 of the Analysis show, the BSAI                  greatest PSC limit reduction alternatives             4, and the proposed reduction in halibut
                                                     groundfish sectors have consistently                    considered, this reduction would                      PSC limits is not expected to impact
                                                     used less than their halibut PSC                        represent less than 1 percent of the 2015             halibut harvests in those fisheries in the
                                                     allocations due to regulatory and                                                                             near term, because harvests in personal
                                                                                                             coastwide female spawning halibut
                                                     operational limits. Therefore, the actual                                                                     use, sport, and subsistence fisheries are
                                                                                                             biomass (see Table 3–1 in Section 3.1.1
                                                     PSC reduction would likely be higher                                                                          deducted before commercial catch
                                                                                                             of the Analysis).
                                                     than this estimate.                                                                                           limits are established.
                                                        The best available information                          The Council determined, and NMFS
                                                                                                             agrees, that under the reduction in U26                  The Analysis estimates that the
                                                     estimates that approximately 64 percent
                                                                                                             halibut mortality estimated from the                  proposed rule could result in increased
                                                     of the halibut PSC mortality in the BSAI
                                                                                                             proposed rule, a reduction estimated to               commercial fishery harvests in Area 4
                                                     is O26 halibut (see Table 4–219 in
                                                                                                             range from 188,000 to 210,000 pounds,                 ranging from 315,000 pounds to 353,000
                                                     Section 4.14.1.4 of the Analysis).
                                                                                                             the proposed rule could result in some                pounds each year compared to current
                                                     Assuming that the IPHC were to apply
                                                                                                             conservation benefit compared to the                  levels of harvests over the 10-year
                                                     its current harvest policy when adopting
                                                                                                             status quo. The conservation benefit                  period used for the Analysis. This
                                                     annual catch limits and the proportion
                                                                                                             would be limited because it comprises                 increased harvest is estimated to
                                                     of O26 and U26 bycatch remains
                                                                                                             a small proportion of the total female                provide additional commercial halibut
                                                     constant, the halibut ‘‘savings’’ from
                                                     reductions in halibut PSC use under the                 spawning biomass (less than 1 percent                 fishery revenues ranging from $3.4
                                                     proposed rule would be expected to                      of the total female spawning biomass).                million to $3.5 million each year, which
                                                     provide an additional commercial                        The specific long-term impacts of                     would total $34 million to $38 million
                                                     harvest opportunity in the year                         reduced U26 bycatch on potential long-                over the 10-year period (see Table 4–210
                                                     following the halibut PSC reduction.                    term commercial, personal use, sport, or              in Section 4.14 of the Analysis). This
                                                     Therefore, the primary impact of the                    subsistence harvests in a specific Area               increased revenue is due to the
                                                     proposed rule would be to provide                       cannot be predicted with certainty given              increased availability of O26 and U26 to
                                                     additional harvest opportunity to the                   the available information. Some of the                the commercial halibut fishery from the
                                                     Area 4 commercial fishery because most                  factors affecting the ability to determine            halibut PSC reductions.
                                                     (64 percent) of the bycatch is O26. This                impacts are the variable time required                   The Analysis estimates that the
                                                     result would be expected under all of                   for U26 bycatch to grow, reproduce, and               proposed rule could reduce U26 bycatch
                                                     the alternatives to reduce halibut PSC                  become available for harvest; changes in              that may provide an additional 64,000
                                                     limits (from 10 to 50 percent)                          halibut stock abundance on a coastwide                pounds to 72,000 pounds of directed
                                                     considered by the Council and NMFS.                     basis; and changes in the distribution of             halibut harvest annually in Areas
                                                        The best available information                       harvestable biomass by area in the                    outside of Area 4 (i.e., Areas 2 and 3).
                                                     estimates that approximately 36 percent                 future. Section 4.14.1.2 of the Analysis              These savings are estimated to provide
                                                     of halibut PSC mortality in the BSAI is                 reviewed the potential long-term halibut              additional halibut revenues to fishery
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                                                     U26 halibut (see Table 4–219 in Section                 stock impacts of halibut bycatch                      participants ranging from $2.7 million
                                                     4.14.1.4 of the Analysis). The proposed                 reduction measures throughout all                     to $3 million annually over a 10-year
                                                     reductions in halibut PSC use would                     Areas under a range of assumptions and                period once the proposed rule is
                                                     decrease mortality of U26 halibut,                      concluded that the overall impact of                  implemented. The Analysis notes that
                                                     which could benefit the halibut stock by                these reductions was limited on an                    these potential benefits would not
                                                     contributing to the long-term abundance                 annual and 10-year basis. Therefore,                  accrue until the halibut have reached a
                                                     of the halibut resource. Ultimately,                    under the proposed rule, overall halibut              size where they could be harvested. The
                                                     reductions in U26 bycatch could result                  mortality would not be expected to                    Analysis assumes this will occur from 6
                                                     in additional halibut that can grow and                 change significantly.                                 through 10 years after the halibut PSC


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                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                          71663

                                                     savings occur (see Table 4–211 in                       communities that participate in the                   harvested by the Amendment 80 sector
                                                     Section 4.14 of the Analysis).                          halibut fishery. The Analysis provides                from 2008 through 2014. The
                                                       The Analysis describes the potential                  detailed information for each of these                Amendment 80 sector averaged 324,000
                                                     impacts of the proposed rule on BSAI                    factors.                                              mt of groundfish harvest from 2008
                                                     coastal fishing communities that                                                                              through 2014. The Amendment 80
                                                     participate in the halibut fishery,                     1. Amendment 80 Sector Halibut
                                                                                                             Bycatch (PSC) Limit Reduction                         sector harvested 325,000 mt of
                                                     especially in Area 4CDE. Section                                                                              groundfish in 2011, the year of lowest
                                                     4.14.1.3 of the Analysis states that the                   The Council recommended, and                       PSC use, and 337,000 mt in 2010, the
                                                     proposed action is likely to provide the                NMFS proposes, a minimum 25 percent                   year of highest PSC use (see Table 4–1
                                                     greatest benefit to fishing communities                 reduction in the halibut PSC limit for                in Section 4.4.1.1 of the Analysis). The
                                                     in the BSAI that are highly dependent                   the Amendment 80 sector. The                          Council determined, and NMFS agrees,
                                                     on halibut as a primary source of                       reduction in the halibut PSC limit for                that the best available information
                                                     revenue for local vessels that participate              the Amendment 80 sector from 2,325 mt                 indicates that the proposed halibut PSC
                                                     in the commercial fishery. Appendix C                   to 1,745 mt is a reduction of 580 mt. The             limit for the Amendment 80 sector
                                                     to the Analysis includes a detailed                     proposed halibut PSC limit of 1,745 mt                would be below its lowest use of halibut
                                                     description of the fishing communities                  would be a 15 percent reduction from                  PSC in any year.
                                                     most dependent on the halibut resource                  the amount of halibut PSC used, on                       The Council and NMFS recognize that
                                                     in the BSAI. Relative to the status quo,                average, by the Amendment 80 sector                   some of the patterns of halibut PSC use
                                                     the proposed rule may provide                           from 2008 through 2014. The proposed                  observed in the Amendment 80 sector
                                                     additional opportunities for fishing                    halibut PSC limit would be a 17 percent
                                                                                                                                                                   are due to a range of biological,
                                                     community residents to harvest halibut                  reduction from Amendment 80 sector
                                                                                                                                                                   oceanographic, and operational factors,
                                                     by reducing the maximum amount of                       halibut PSC use in 2014 (see Section
                                                                                                                                                                   but the Analysis indicates that halibut
                                                     halibut PSC that can be taken in the                    3.1.3.3 of the Analysis). This is the
                                                                                                                                                                   PSC rates could be reduced through
                                                     groundfish fisheries. Although                          largest reduction for any of the four
                                                                                                                                                                   additional changes in fishery operations
                                                     additional reductions in halibut PSC                    groundfish sectors subject to the
                                                                                                                                                                   (i.e., the expanded use of tools).
                                                     limits may provide additional harvest                   proposed rule.
                                                                                                                This 1,745 halibut PSC limit would                 Although the Analysis does not
                                                     opportunities to residents participating                                                                      specifically quantify how easily or how
                                                     in the commercial halibut fishery, the                  apply to all Amendment 80 vessels
                                                                                                             participating in an Amendment 80                      much improvement can be made with
                                                     benefit to any one community would be                                                                         limited impact on groundfish harvests,
                                                     limited by the distribution of harvest                  cooperative. The Council also
                                                                                                             considered a more restrictive halibut                 the Analysis indicates that limiting
                                                     privileges among participants in the IFQ
                                                                                                             PSC limit that would apply to any                     harvests or modifying fishery operations
                                                     and CDQ Programs (see Section 4.14.1.4
                                                                                                             participants in the Amendment 80                      could reduce PSC use considerably.
                                                     of the Analysis for additional detail).
                                                                                                             limited access fishery. Because all                   Although the Analysis indicates that the
                                                     D. Impacts on BSAI Groundfish Fishery                   Amendment 80 vessels are assigned to                  Amendment 80 sector could lower its
                                                     Participants and Fishing Communities                    Amendment 80 cooperatives currently,                  use of halibut PSC through changes in
                                                       The Council and NMFS considered                       and are likely to continue to participate             fishery operations, the Council and
                                                     the impacts of reduced halibut PSC                      in Amendment 80 cooperatives in the                   NMFS agree that the proposed rule
                                                     limits on BSAI groundfish sector                        future, the Council and NMFS                          would likely result in reduced
                                                     participants. As discussed in Section                   anticipate that the 1,745 mt halibut PSC              groundfish harvests for the Amendment
                                                     4.14.2.2 of the Analysis, the Council and               limit will apply to the entire                        80 sector.
                                                     NMFS considered a number of factors in                  Amendment 80 sector. The halibut PSC                     The Council and NMFS considered
                                                     making the proposed reductions to                       limit that would apply to participants in             the tools available to the Amendment 80
                                                     halibut PSC limits for each BSAI                        the Amendment 80 limited access                       sector to reduce halibut PSC under the
                                                     groundfish sector. First, the Council and               fishery is described later in this                    proposed rule. First, the Council and
                                                     NMFS considered the relative amount of                  preamble.                                             NMFS considered recently implemented
                                                     halibut PSC in each of the BSAI                            The Amendment 80 sector uses the                   regulatory provisions that could aid the
                                                     groundfish sectors. Second, the Council                 largest portion of halibut PSC in the                 Amendment 80 sector’s ability to adapt
                                                     and NMFS considered whether a                           BSAI groundfish fisheries: 59 percent                 to reduced halibut PSC limits. Section
                                                     groundfish sector had been able to                      from 2008 through 2014 as shown in                    3.1.3.6 and Appendices A and B of the
                                                     harvest groundfish TACs with lower                      Table 1 in this preamble and in Section               Analysis describe that implementation
                                                     amounts of halibut PSC use than the                     3.1.3.3 of the Analysis. Therefore, the               of the flatfish flexibility program in
                                                     sector’s current limit. Third, the Council              proposed halibut PSC limit would be                   2014 allows the sector to increase or
                                                     and NMFS considered the ‘‘tools’’ (i.e.,                expected to have the greatest impact on               decrease harvests of yellowfin sole, rock
                                                     changes in fishery operations) available                the Amendment 80 sector relative to the               sole, or flathead sole throughout the
                                                     to each groundfish sector to adapt to                   other BSAI groundfish sectors.                        season to respond to changing bycatch
                                                     halibut PSC limit reductions. Fourth,                      The Council and NMFS considered                    and market conditions (79 FR 56671,
                                                     the Council and NMFS considered the                     the use of halibut PSC by the                         September 23, 2014). Additional Atka
                                                     potential socioeconomic impacts of                      Amendment 80 sector. On average, the                  mackerel opportunities became
                                                     reduced halibut PSC limits. As part of                  Amendment 80 sector has not used the                  available to the Amendment 80 fleet
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                                                     this last consideration, the Council and                full amount of its halibut PSC allocation             with the implementation of revised
                                                     NMFS considered both the adverse                        as shown above in Table 1 in this                     Steller sea lion protection measures in
                                                     socioeconomic impacts of halibut PSC                    preamble and in Table 3–14 in Section                 2015 (79 FR 70286, November 25, 2014).
                                                     limit reductions from reduced                           3.1.3.3 of the Analysis. The Analysis                 Although Atka mackerel is not evenly
                                                     groundfish harvests on BSAI groundfish                  shows that total groundfish harvests by               allocated among all Amendment 80
                                                     harvesters and fishing communities that                 the Amendment 80 sector in the years                  vessels, it provides additional harvest
                                                     participate in groundfish fisheries, as                 of lowest and highest halibut PSC use                 opportunity for a high value groundfish
                                                     well as the potential benefits to the                   were not substantially different from the             species with a low rate of halibut PSC
                                                     halibut harvesters and fishing                          average total amount of groundfish                    that could offset other halibut PSC use


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                                                     71664                Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                     in a cooperative and that could reduce                  with a 5 percent buffer, meaning that an              groundfish harvests in some years and
                                                     overall halibut PSC use for the sector.                 Amendment 80 cooperative would plan                   use an amount of halibut PSC that is
                                                        Second, the Council and NMFS                         to use at least 5 percent less halibut PSC            equivalent to a 20 percent reduction in
                                                     considered the tools that have, in whole                than the Cooperative Quota allocation it              its halibut PSC limit. At the upper end,
                                                     or in part, been voluntarily adopted by                 receives. NMFS believes that                          alternatives that would have reduced
                                                     the Amendment 80 sector. Public                         Amendment 80 vessels are likely to                    the halibut PSC limit by 50, 45, 40, 35,
                                                     testimony from representatives of the                   establish a buffer as described in public             or 30 percent would have come at
                                                     Amendment 80 sector indicated that                      testimony to the Council because the                  significant economic cost to the
                                                     some of these tools have not been fully                 consequences of a cooperative                         Amendment 80 sector and fishing
                                                     used by all fishery participants in recent              exceeding its halibut PSC allocation can              communities participating in the
                                                     years. This indicates additional                        be significant: Financial penalties by the            Amendment 80 sector fisheries. The
                                                     reductions in halibut PSC through the                   cooperative against the vessel or vessels             best available information suggests it is
                                                     expanded use of these tools are                         that resulted in the cooperative                      not clear that additional changes in
                                                     achievable and practicable.                             exceeding its allocation of halibut PSC;              fishery operations could accommodate
                                                        These tools are described in detail in               an enforcement action against the                     these high levels of reductions other
                                                     Section 3.1.3.6 and Appendix B of the                   cooperative pursuant to                               than foregoing substantial harvest and
                                                     Analysis and are summarized here:                       § § 679.91(h)(3)(xvi); and a prohibition              revenue.
                                                        • Expanding the use of gear                          against fishing for all Amendment 80                     Overall, alternatives that would have
                                                     modifications known as excluders to                     species pursuant to § 679.7(o)(4)(v).                 imposed a 50, 45, 40, 35, or 30 percent
                                                     reduce the bycatch of halibut;                             The Council and NMFS considered                    reduction would have been expected to
                                                        • Improving communication on the                     the socioeconomic impact of the                       reduce net benefits to the Nation
                                                     fishing grounds within and between                      proposed rule on the Amendment 80                     because the socioeconomic benefits
                                                     Amendment 80 cooperatives;                              sector and fishing communities                        from the potential increase in harvest
                                                        • Using modified pelagic trawl gear to               participating in the Amendment 80                     opportunities would be less than the
                                                     harvest groundfish instead of non-                      fisheries. Table 4–187 in Section 4.13.1              negative socioeconomic impacts from
                                                     pelagic gear. Generally, pelagic trawl                  of the Analysis estimates that the                    foregone BSAI groundfish harvests.
                                                     gear has a lower incidental rate of                     proposed rule would result in BSAI                    Section 4.8.1 of the Analysis describes
                                                     halibut bycatch and it has shown                        groundfish harvest reductions in the                  the relative impacts of alternatives that
                                                     promise in the Central Gulf of Alaska                   Amendment 80 sector between 9,500 mt                  would have further reduced halibut PSC
                                                     rockfish fisheries, and other fisheries                 to 25,700 mt each year during the 10-                 limits for Amendment 80 cooperatives.
                                                     nationally in harvesting a number of                    year analytical period, for a total of                The proposed rule would implement a
                                                     groundfish species;                                     95,000 mt to 257,000 mt for the full 10-              halibut PSC reduction that balances the
                                                        • Using test hauls to gauge halibut                  year period. The Analysis estimates that              need to minimize bycatch to the extent
                                                     rates and considering the use of night-                 the reduction in Amendment 80                         practicable while considering the net
                                                     time hauls that tend to have lower                      groundfish harvests would reduce                      benefits to the Nation, the impacts to
                                                     halibut PSC rates;                                      wholesale revenues for fishery                        fishing communities, and the long-term
                                                        • Modifying the timing of fishing to                 participants from $6.2 million to $18.7               objective of providing for a sustained
                                                     reduce halibut PSC rates toward the end                 million for each year during the 10-year              groundfish harvest by Amendment 80
                                                     of the year;                                            analytical period. The total wholesale                cooperatives.
                                                        • Defining a threshold halibut PSC                   revenue reduction is estimated to range                  Ultimately, the Council determined,
                                                     rate (e.g., when the halibut PSC rate is                from $62 million to $187 million for the              and NMFS agrees, that the proposed
                                                     greater than 80 percent of the average                  full 10-year period. The Analysis                     rule would minimize halibut bycatch to
                                                     halibut PSC rate) that would lead to                    describes that reduced groundfish                     the extent practicable in the
                                                     fishery management actions such as                      harvests and revenues would also                      Amendment 80 sector after considering
                                                     stopping fishing in an area or moving                   negatively impact fishing communities                 information on the sector’s use of
                                                     fishing operations. Requiring vessels to                that are engaged in the BSAI groundfish               halibut PSC in recent years, the
                                                     react to these rates through Amendment                  fisheries (see Section 4.14.2 and                     availability of a number of tools for
                                                     80 cooperative contracts could                          Appendix C of the Analysis). Section                  Amendment 80 cooperatives and vessels
                                                     significantly reduce halibut PSC limits;                4.4.2.5 describes that the economic                   to reduce halibut PSC use, the likely
                                                        • Shifting the composition of species                value of the use of halibut as PSC in the             impact on net benefits to the Nation,
                                                     that are harvested to focus on species                  Amendment 80 sector is substantial as                 and potential additional harvest
                                                     that appear to have a lower intrinsic rate              measured by average groundfish                        opportunities to halibut fishery
                                                     of halibut PSC than other species (e.g.,                wholesale revenue generated per mt of                 participants in Area 4 and elsewhere.
                                                     shifting away from arrowtooth flounder                  halibut used as PSC to support the                       Under the status quo and the
                                                     to yellowfin sole); and                                 Amendment 80 sector.                                  proposed rule, if all Amendment 80
                                                        • Establishing measures to shift                        The Council and NMFS considered a                  vessels participate in a cooperative, the
                                                     fishing effort away from specific                       range of alternatives that would have                 Amendment 80 cooperatives will be
                                                     geographic locations with higher halibut                resulted in halibut PSC reductions to                 allocated the total proposed
                                                     PSC rates relative to other areas.                      Amendment 80 cooperatives ranging                     Amendment 80 sector halibut PSC limit
                                                        Although the proposed rule would                     from a 10 percent to a 50 percent                     of 1,745 mt. If any Amendment 80
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                                                     establish a halibut PSC limit of 1,745                  reduction relative to the current limit.              vessels elect to participate in the limited
                                                     mt, NMFS believes it is likely that the                 As shown in Table 1 of this preamble,                 access fishery, the proposed rule would
                                                     Amendment 80 sector, specifically                       the average halibut PSC used in the                   reduce the halibut PSC limit for that
                                                     participants in the Amendment 80                        Amendment 80 sector from 2008                         fishery by 40 percent from the status
                                                     cooperatives, would use less halibut                    through 2014 was 2,047 mt, which is                   quo. This reduction of 40 percent of the
                                                     PSC than the proposed limit. Testimony                  less than the 10 percent reduction                    halibut PSC limit would only apply to
                                                     before the Council indicated that                       alternative (i.e., 2,093 mt). The                     the proportional amount of Amendment
                                                     Amendment 80 participants typically                     Amendment 80 sector has demonstrated                  80 QS assigned to the Amendment 80
                                                     manage their halibut PSC allocations                    that it can maintain a high level of                  limited access fishery. For example, if


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                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                           71665

                                                     100 percent of the Amendment 80 QS                      limited access fishery. However, the                  130 mt. The BSAI trawl limited access
                                                     (i.e., 100 percent of the Amendment 80                  Council recommended, and NMFS                         sector used the second largest portion of
                                                     vessels) are assigned to the Amendment                  proposes, the more restrictive halibut                halibut PSC in the BSAI groundfish
                                                     80 limited access fishery in a particular               PSC limit for the Amendment 80 limited                fisheries from 2008 through 2014 (20
                                                     year, and none is assigned to                           access fishery to encourage cooperative               percent, as shown in Table 1 in this
                                                     Amendment 80 cooperatives, the                          management. Cooperative management                    preamble and in Section 3.1.3.3 of the
                                                     Amendment 80 limited access fishery                     is likely to provide a sustainable long-              Analysis).
                                                     would collectively be assigned a PSC                    term approach to bycatch management.                     The Council and NMFS considered
                                                     limit of 1,395 mt, an amount that is 40                 A fast-paced Amendment 80 limited                     halibut PSC use in the BSAI trawl
                                                     percent less than the current                           access fishery could result in PSC that               limited access sector. The BSAI trawl
                                                     Amendment 80 sector halibut PSC limit                   exceeds its halibut PSC limit. Therefore,             limited access sector, on average, has
                                                     of 2,325 mt.                                            a larger PSC limit reduction is                       not used the full amount of halibut PSC
                                                        If only a portion of the Amendment                   appropriate to recognize management                   assigned to the sector. As shown in
                                                     80 QS and vessels are assigned to the                   uncertainty and encourage cooperative                 Table 1 in this preamble and in Table
                                                     Amendment 80 limited access fishery,                    formation as described in Section 4.8.2               3–14 in Section 3.1.3.3 of the Analysis,
                                                     NMFS would use the process described                    of the Analysis.                                      on average the BSAI trawl limited
                                                     in Section 2.2.1 of the Analysis to                        The Council recommended and                        access sector used 81 percent of the
                                                     allocate PSC limits between the                         NMFS proposes a halibut PSC limit                     BSAI trawl limited access sector halibut
                                                     Amendment 80 cooperatives and vessels                   reduction of 40 percent for the                       PSC limit from 2008 through 2014.
                                                     in the limited access fishery. A brief                  Amendment 80 limited access fishery                      As described in the ‘‘Overview of the
                                                     summary of that process is provided                     after considering the fact that although              BSAI Groundfish Sectors’’ section
                                                     here. NMFS would first determine the                    it is likely that all participants in the             above, the Pacific cod and yellowfin
                                                     amount of halibut PSC that would be                     Amendment 80 sector will continue to                  sole fisheries are the primary fisheries
                                                     assigned to the Amendment 80                            fish in cooperatives, there are a range of            that would be constrained by the
                                                     cooperatives. For example, if 80 percent                factors that could create conditions that             proposed halibut PSC limits in the BSAI
                                                     of the Amendment 80 QS were assigned                    result in a participant ending up in the              trawl limited access sector. Overall PSC
                                                     to cooperatives, NMFS would allocate                    Amendment 80 limited access fishery.                  used in the Pacific cod and yellowfin
                                                     1,396 mt of halibut PSC (80 percent of                  These factors include specific                        sole fisheries from 2008 through 2014
                                                     the proposed Amendment 80 sector                        cooperative structure and participation               averaged 64 percent of the sector’s
                                                     halibut PSC limit of 1,745 mt) to the                   requirements, and an individual’s                     annual apportionments (see Tables 4–38
                                                     cooperative (1,745 mt * 0.8 = 1,396). To                operating conditions. Therefore, the                  and 4–39 in Section 4.4.3.4 of the
                                                     calculate the amount of halibut PSC                     Council determined, and NMFS agrees,                  Analysis).
                                                     assigned for use in the Amendment 80                    that a halibut PSC limit more restrictive                From 2008 through 2014, the BSAI
                                                     limited access fishery, NMFS would                      than a 40 percent reduction would not                 trawl limited access sector did not
                                                     subtract the amount of halibut PSC                      be consistent with the purpose and need               exceed the PSC apportioned to the
                                                     allocated to Amendment 80                               for this action because it could create               Pacific cod fishery, used only 36 percent
                                                     cooperatives from the total Amendment                   incentives for members of a cooperative               of its apportionment in one year (2009),
                                                     80 sector PSC limit. In this example,                   to purposefully exclude a specific                    and has used less than 60 percent of its
                                                     this amount would be 349 mt (1,745 mt                   Amendment 80 QS holder from                           apportionment in 3 years (2008, 2010,
                                                     ¥ 1,396 mt = 349 mt). NMFS would                        cooperative membership. This exclusion                and 2011) (see Tables 4–38 and 4–39 in
                                                     apply an additional 20 percent                          could force that QS holder to participate             Section 4.4.3.4 of the Analysis for more
                                                     reduction by multiplying the remaining                  in the limited access fishery and                     detail). From 2008 through 2014, the
                                                     amount of halibut PSC remaining by 0.8                  diminish their competitiveness within                 BSAI trawl limited access sector
                                                     or 80 percent (349 mt * 0.8 = 279 mt).                  the sector to the potential benefit of                exceeded the PSC apportioned to the
                                                     Therefore, this assignment of 279 mt                    other Amendment 80 QS holders.                        yellowfin sole fishery in one year
                                                     would represent a 40 percent reduction                  Similarly, a halibut PSC limit less                   (2013), but has used only 16 percent of
                                                     compared to the status quo assignment                   restrictive than 40 percent may not                   its apportionment in one year (2010),
                                                     to the Amendment 80 limited access                      provide sufficient incentives to                      and has used less than 50 percent of its
                                                     fishery.                                                encourage and maintain cooperative                    apportionment in 2 years (2009 and
                                                        Under the proposed rule, some                        formation. A less restrictive halibut PSC             2011) [see Tables 4–38 and 4–39 in
                                                     halibut PSC available to the                            limit could result in a PSC limit for the             Section 4.4.3.4 of the Analysis for more
                                                     Amendment 80 sector will be left                        Amendment 80 limited access fishery                   detail]. The Analysis and public
                                                     unallocated and remain in the water if                  that would encourage entry in the                     testimony indicate that there are a
                                                     a portion of the Amendment 80 sector                    fishery and result in a difficult to                  variety of factors that contributed to
                                                     participates in the Amendment 80                        manage ‘‘race for fish’’ that could result            lower PSC use in these years including
                                                     limited access fishery. Using the                       in halibut PSC limits being exceeded.                 changing oceanographic conditions, the
                                                     example above, 1,396 mt is allocated to                 See Section 2.2.1 of the Analysis for                 amount of TAC available for harvests,
                                                     the Amendment 80 cooperatives, and                      additional details on the proposed                    and operational choices by vessel
                                                     279 mt is assigned to the Amendment                     reduction to the Amendment 80 sector                  operators to fish in different areas or
                                                     80 limited access fishery. This adds up                 halibut PSC limit.                                    fisheries. However, the best available
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                                                     to 1,675 mt, an amount that is 70 mt less                                                                     data on halibut PSC use indicate that in
                                                     than the amount of halibut PSC (1,745                   2. BSAI Trawl Limited Access Sector                   most years it is reasonable to expect that
                                                     mt) that could have been allocated if all               Halibut Bycatch (PSC) Limit Reduction                 both Pacific cod and yellowfin sole can
                                                     Amendment 80 sector participants were                      The proposed rule would establish a                be harvested under the halibut PSC
                                                     members of a cooperative.                               15 percent reduction in the halibut PSC               limits established by the proposed rule.
                                                        The Council and NMFS considered                      limit for the BSAI trawl limited access                  The Council and NMFS considered
                                                     the same factors for the halibut PSC                    sector. The reduction in the PSC limit                the tools that could be adopted by the
                                                     limit applicable to the Amendment 80                    for the BSAI trawl limited access sector              BSAI trawl limited access sector. The
                                                     cooperatives for the Amendment 80                       from 875 mt to 745 mt is a reduction of               Analysis describes a number of tools


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                                                     71666                Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                     that are currently available to the BSAI                socioeconomic cost on some BSAI trawl                 trawl limited access sector on halibut
                                                     trawl limited sector to achieve overall                 limited access sector participants.                   PSC use, the more limited tools
                                                     bycatch levels similar to those in 2009,                Under the two economic scenarios                      available to the sector to practicably
                                                     2010, and 2011. First, the pollock                      considered, and summarized in Table                   reduce its halibut PSC use, and the
                                                     fishery could undertake, and has                        4–210 in Section 4.14 of the Analysis,                overall socioeconomic cost to the sector,
                                                     undertaken measures to minimize                         reduced revenue to the BSAI trawl                     communities participating in the sector,
                                                     bycatch, even though it would not be                    limited access sector from the proposed               and the Nation resulting from more
                                                     directly limited by this proposed action.               halibut PSC limit reduction ranges from               restrictive halibut PSC limits. The
                                                     Those measures are important because                    $14 million to $31 million dollars over               Council and NMFS also considered the
                                                     the pollock fishery comprises roughly                   a 10-year period, or $1.4 million to $3.2             limited benefits that further reductions
                                                     41 percent of the PSC use in the BSAI                   million dollars annually, of the first                in halibut PSC limits may provide to
                                                     trawl limited access sector (see Figure                 wholesale value to the BSAI trawl                     halibut fishery users and communities
                                                     4–28 in Section 4.4.3.4 of the Analysis).               limited access sector for non-pollock                 participating in the halibut fishery. The
                                                     The pollock fleet is fully managed under                harvests. Section 4.4.3.5 of the Analysis             Council and NMFS determined that the
                                                     a catch share program, the AFA, and has                 describes that the economic value of the              proposed halibut PSC limit is likely to
                                                     demonstrated a well-established ability                 use of halibut as PSC in the BSAI trawl               provide incentives for the BSAI trawl
                                                     to constrain and reduce bycatch below                   limited access sector is substantial as               limited access sector to more fully
                                                     established limits. Section 4.6.3 of the                measured by the average groundfish                    develop and use tools that improve on
                                                     Analysis describes that the AFA sector                  wholesale revenue generated per metric                the reduced halibut PSC use achieved in
                                                     has demonstrated an ability to                          ton of halibut used as PSC to support                 2010 and 2011.
                                                     consistently maintain bycatch of                        BSAI trawl limited access sector.
                                                                                                                The proposed rule establishes a                    3. BSAI Non-Trawl Sector Halibut
                                                     Chinook salmon below the PSC limits
                                                                                                             halibut PSC limit reduction that                      Bycatch (PSC) Limit Reduction
                                                     established in Amendment 91 to the
                                                     FMP (75 FR 53026, August 30, 2010).                     recognizes there are more limited tools                  The BSAI non-trawl sector has the
                                                     The best available information indicates                for the BSAI trawl limited access sector              third greatest amount of halibut PSC use
                                                     that the recent lower amount of halibut                 than the Amendment 80 sector, but that                among the BSAI groundfish fishery
                                                     PSC use in the pollock fishery is not                   the BSAI trawl limited sector has                     sectors. As Table 1 in this preamble and
                                                     likely to increase given increased                      demonstrated an ability, on average, to               Table 4–209 in Section 4.14 of the
                                                     scrutiny by the AFA sector on halibut                   maintain existing harvests at the level of            Analysis show, the non-trawl sector is
                                                     PSC. Second, additional opportunities,                  the proposed reduction. Under the                     assigned 833 mt, or approximately 19
                                                     though limited, are available to harvest                proposed rule, the BSAI trawl limited                 percent of the current halibut PSC limit
                                                     Pacific cod and pollock in the Aleutian                 access sector would have to reduce its                in the BSAI, and used approximately 15
                                                     Islands and later in the year under                     halibut PSC use relative to several                   percent of the average amount of halibut
                                                     revised Steller sea lion protection                     recent years of halibut PSC use. As                   PSC used in the BSAI from 2008
                                                     measures that were implemented in                       described in Appendix B of the                        through 2014.
                                                     2015 (79 FR 70286, November 25, 2014).                  Analysis, the BSAI trawl limited access                  The Council and NMFS considered
                                                     The opportunity to harvest Pacific cod                  sector has some tools available to reduce             halibut PSC use in the non-trawl sector.
                                                     and pollock later in the year and in the                halibut PSC use. Reducing groundfish                  The non-trawl sector has clearly used
                                                     Aleutian Islands provides additional                    fishing or changing behavior during                   far less than its current PSC
                                                     flexibility for vessels in the BSAI trawl               time periods with higher halibut rates                apportionment, particularly in recent
                                                     limited access sector to fish when and                  may result in some mitigation of the                  years. Table 1 in this preamble shows
                                                     where halibut PSC rates may be lower.                   impacts of a reduction in halibut PSC                 that from 2008 through 2014, the
                                                        Section 4.9 of the Analysis notes that               limits. Fishing earlier in the year would             combined non-trawl sectors have used
                                                     a ‘‘race for fish’’ exists in the BSAI trawl            appear to result in lower halibut PSC                 an average of 61 percent of the total
                                                     limited access sector, specifically in the              rates. The proposed rule would result in              non-trawl halibut PSC apportionment.
                                                     Pacific cod and yellowfin sole fisheries.               halibut PSC limits that could be                      Pacific cod hook-and-line catcher/
                                                     Appendix B of the Analysis examined                     restrictive in some years relative to                 processors have used 99.4 percent of the
                                                     the operations of catcher/processors in                 current management. However, the                      non-trawl halibut PSC on average from
                                                     the yellowfin sole fishery and notes that               halibut PSC reduction implemented by                  2008 through 2014. Because of the
                                                     several changes in fishery behavior                     the proposed rule would be expected to                overwhelming use of halibut PSC by
                                                     could be undertaken by this fleet to                    result in limited reductions in                       Pacific cod hook-and-line catcher/
                                                     minimize halibut PSC. Because the                       groundfish harvests in most years.                    processors relative to other non-trawl
                                                     yellowfin sole fishery is not managed                      The Council and NMFS considered a                  fishery participants, this section is
                                                     under a catch share program, there may                  range of alternative halibut PSC                      focused primarily on the impacts of the
                                                     be some limitations on the ability of                   reductions for the BSAI trawl limited                 proposed action on Pacific cod hook-
                                                     participants to coordinate efforts to                   access sector. Less restrictive halibut               and-line catcher/processors.
                                                     establish threshold PSC rates and adopt                 PSC limit reductions (i.e., a 10 percent                 The Council and NMFS also
                                                     measures to react to those rates by                     reduction) would not be expected to                   considered the tools that could be
                                                     shifting geographic locations, but some                 have an impact on current or likely                   adopted by the non-trawl sector. The
                                                     level of coordination seems practicable                 future halibut PSC use because the BSAI               Analysis and public testimony have
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                                                     among the participants in this fishery.                 trawl limited access sector has                       described the efforts by hook-and-line
                                                        The Council and NMFS considered                      demonstrated an ability to maintain                   catcher/processors to minimize their
                                                     the socioeconomic impact of the                         halibut PSC limits below this level. The              halibut PSC use in recent years.
                                                     proposed rule on the BSAI trawl limited                 Council and NMFS also considered                      Appendix B of the Analysis describes a
                                                     access sector and fishing communities                   more restrictive halibut PSC limits.                  range of performance metrics for this
                                                     that participate in the fisheries.                      Ultimately, the Council recommended,                  fleet. The data in Appendix B show a
                                                     Reductions in halibut PSC limits greater                and NMFS proposes the 15 percent                      consistent trend of lower halibut PSC
                                                     than actual halibut PSC use could be                    reduction after considering the                       rates year-over-year, particularly
                                                     expected to impose a substantial                        relatively limited impact of the BSAI                 beginning in 2011 (see Table 7 in


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                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                          71667

                                                     Appendix B of the Analysis). Appendix                   use (See Table 1 of this preamble and                 economic impact on the CDQ groups
                                                     B does not show a clear signal of                       Table 4–209 in Section 4.14 of the                    and would not be expected to constrain
                                                     increasing halibut PSC use by Pacific                   Analysis). The Council did not                        groundfish harvests. Table 4–210 in
                                                     cod hook-and-line catcher/processors                    recommend, and NMFS does not                          Section 4.14 of the Analysis shows that
                                                     toward the end of the year as shown for                 propose, more restrictive halibut PSC                 until halibut PSC reductions reach a
                                                     the Amendment 80 and BSAI trawl                         limits for the non-trawl sector given the             level of 35 percent, there does not
                                                     limited access sectors (see Figure 11 in                relatively limited use of halibut PSC by              appear to be an economic impact on the
                                                     Appendix B of the Analysis). This                       the non-trawl sector, the consistent                  CDQ sector from reduced groundfish
                                                     suggests that the Pacific cod hook-and-                 trend of halibut PSC use that is well                 harvests and revenues. Section 4.4.6 of
                                                     line catcher/processors are likely                      below current halibut PSC limits, and                 the Analysis contains additional
                                                     employing some operational tools that                   the limited benefit that additional                   information on the economic impacts of
                                                     have led to lower halibut PSC use in                    reductions would be likely to provide to              the proposed rule for the CDQ sector.
                                                     recent years (see Tables 4 and 5 in                     the halibut fishery and communities                     As Table 4–210 in Section 4.14 of the
                                                     Appendix B of the Analysis).                            participating in the halibut fishery                  Analysis shows, the proposed halibut
                                                        Table 4–210 in Section 4.14 of the                   relative to the negative socioeconomic                PSC reduction of 20 percent relative to
                                                     Analysis shows that reductions in                       impacts to participants in the non-trawl              current limits would not materially
                                                     halibut PSC would not be expected to                    sector. Given these factors, the Council              impact the CDQ participants, but would
                                                     limit groundfish harvest in the non-                    and NMFS determined that the                          prevent the potential increase of halibut
                                                     trawl sector until reductions reach a                   proposed reduction is consistent with                 PSC use in future years. It is clear that
                                                     level 30 percent lower than the current                 the purpose and need for this action and              the level of halibut PSC reduction
                                                     halibut PSC limit. Therefore, the                       additional reductions in the non-trawl                proposed in this rule is practicable
                                                     proposed reduction in the current                       halibut PSC limit would not be                        because in all years analyzed, halibut
                                                     halibut PSC limit by 15 percent would                   practicable.                                          PSC use by the CDQ sector has been less
                                                     not be expected to result in reduced                                                                          than this limit.
                                                     groundfish harvests and revenues.                       4. CDQ Sector Halibut Bycatch (PSC)
                                                                                                             Limit Reduction                                         The Council and NMFS considered
                                                     Based on the best available information,
                                                                                                                The CDQ sector has the fourth greatest             whether additional halibut PSC limit
                                                     the proposed action would not likely
                                                                                                             impact on PSC of the BSAI groundfish                  reductions would be appropriate given
                                                     have a negative economic impact on the
                                                                                                             sectors. As Table 1 in this preamble and              the substantial gap between actual
                                                     non-trawl sector because all harvests
                                                     could be accommodated under the                         Table 4–209 in Section 4.14 of the                    halibut PSC use and the current halibut
                                                     reduced limit.                                          Analysis show, the CDQ sector is                      PSC limit in the CDQ sector. The
                                                        The Council and NMFS considered                      assigned approximately 9 percent of the               Analysis shows that halibut PSC limit
                                                     the socioeconomic impact of the                         current halibut PSC limit in the BSAI,                reductions would need to be extremely
                                                     proposed rule on the non-trawl sector                   and uses approximately 6 percent of the               high relative to the current halibut PSC
                                                     and communities participating in the                    average amount of halibut PSC in the                  limit to yield actual deductions. For
                                                     non-trawl fisheries. Reductions in                      BSAI from 2008 through 2014.                          example, a 50 percent reduction in the
                                                     halibut PSC limits would have to be                        The Council and NMFS considered                    CDQ sector halibut PSC limit to 197 mt
                                                     greater than actual halibut PSC use to                  halibut PSC use in the CDQ sector. The                would yield only 18 mt of savings
                                                     impose a substantial socioeconomic cost                 CDQ sector has consistently used far                  compared to the average use from 2008
                                                     on the non-trawl sector participants.                   less halibut PSC than its current PSC                 through 2014 average, or only 47 mt
                                                     Under the two economic scenarios                        limit, particularly in recent years. Table            relative to 2014 use. Neither the
                                                     considered, and summarized in Table                     1 of this preamble shows that from 2008               Analysis nor public testimony indicated
                                                     4–210 in Section 4.14 of the Analysis,                  through 2014, the sector has used an                  that it is reasonable to expect that
                                                     the impacts of reduced halibut PSC                      average of 55 percent of its halibut PSC              halibut PSC use in the CDQ sector will
                                                     limits to the non-trawl sector would not                limit. PSC use has not exceeded 70                    increase relative to current use.
                                                     be expected to have an economic cost                    percent of the CDQ sector halibut PSC                 Therefore, the Council and NMFS
                                                     from reduced groundfish revenues until                  limit, and no CDQ group has exceeded                  determined that it is impracticable to
                                                     the halibut PSC limit is reduced by at                  its halibut PSC limit during this time.               establish a reduction that would be
                                                     least 30 percent. Section 4.4.4.5                          The Council and NMFS also                          expected to substantially constrain the
                                                     describes that the economic value of the                considered the tools that could be                    CDQ sector given the limited amount of
                                                     use of halibut as PSC is substantial in                 adopted by the CDQ sector. The CDQ                    halibut PSC used by the sector and the
                                                     the non-trawl fishery, as measured by                   sector clearly has, and uses, many of the             limited potential harvest opportunity to
                                                     the average wholesale groundfish                        tools that are available to the                       the commercial halibut fishery that a
                                                     revenue generated per mt of halibut                     Amendment 80, AFA, and Pacific cod                    more restrictive halibut PSC limit would
                                                     used as PSC to support the non-trawl                    hook-and-line catcher/processor sectors               provide.
                                                     sector.                                                 because CDQ groups harvest their                      E. Summary of Impacts
                                                        The Council and NMFS considered                      allocations in conjunction with vessels
                                                     more restrictive halibut PSC reductions                 operating in those fisheries (Section                    During public testimony to the
                                                     for the non-trawl sector. The Analysis                  3.1.3.6 of the Analysis). The data on the             Council, some participants in halibut
                                                     shows that halibut PSC limit reductions                 use of halibut PSC indicates that these               fisheries and members of the public
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                                                     would need to be extremely high                         tools are being effectively used to                   recommended greater reductions of
                                                     relative to the current halibut PSC limit               minimize halibut PSC use in the CDQ                   halibut PSC limits than the proposed
                                                     to yield actual reductions from current                 sector.                                               rule would implement. However,
                                                     use. For example, a 50 percent                             The Council and NMFS considered                    halibut bycatch cannot be avoided
                                                     reduction in the PSC limit for the non-                 the socioeconomic impact of the                       completely, unless groundfish fishing is
                                                     trawl sector to a PSC limit of 380 mt                   proposed rule on the CDQ sector and                   completely stopped. The Council and
                                                     would yield only 96 mt of savings                       communities participating in the CDQ                  NMFS believe that more stringent PSC
                                                     compared to the 2008 through 2014                       fisheries. The proposed rule would not                limit reductions are not practicable for
                                                     average, or only 10 mt relative to 2014                 be expected to have an adverse                        the groundfish sectors.


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                                                     71668                Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                        As described above, the Council and                  1. Amendment 80 Sector                                categories. The proposed rule would
                                                     NMFS considered impacts on the                             The proposed rule would establish at               make no change in the annual harvest
                                                     halibut stock and concluded that under                  § 679.21(b)(1)(i) a maximum halibut PSC               specification process whereby NMFS
                                                     all the alternatives considered, the                    limit of 1,745 mt for the Amendment 80                has authority to make seasonal
                                                     impact on exploitable biomass and the                   sector. If no vessels participate in the              apportions of the non-trawl PSC
                                                     halibut female spawning biomass was                                                                           allowances. NMFS will continue annual
                                                                                                             Amendment 80 limited access fishery in
                                                     not likely to be significant. The Council                                                                     consultations with the Council to
                                                                                                             a year, NMFS will allocate the entire
                                                     and NMFS considered the impact on the                                                                         determine whether the pot gear, jig gear,
                                                                                                             Amendment 80 halibut PSC limit of
                                                     halibut fishery and fishing communities                                                                       and the sablefish IFQ hook-and-line gear
                                                                                                             1,745 mt among the Amendment 80
                                                     participating in the halibut fishery and                                                                      fisheries will be exempt from the non-
                                                                                                             cooperatives that submitted a timely
                                                     concluded that larger halibut PSC                                                                             trawl halibut PSC limit as described in
                                                                                                             application for an Amendment 80
                                                                                                                                                                   the ‘‘Annual Halibut Bycatch (PSC)
                                                     reductions in some sectors, particularly                cooperative permit for that year.
                                                                                                                                                                   Limits and Apportionments of PSC
                                                     the Amendment 80 and BSAI trawl                            If any Amendment 80 vessels chose to
                                                                                                                                                                   Limits’’ section of this preamble.
                                                     limited access sectors, would be                        fish in the Amendment 80 limited
                                                     expected to provide greater harvest                     access fishery, the proposed rule would               4. CDQ Sector
                                                     opportunities in the halibut fisheries                  establish the amount of PSC assigned to                  The proposed rule would establish at
                                                     than would be realized under the                        the Amendment 80 limited access                       § 679.21(b)(1)(iv) a halibut PSC limit of
                                                     proposed reductions. However, the                       fishery. The proposed rule would revise               315 mt for the CDQ Program (i.e., CDQ
                                                     Council and NMFS considered that                        § 679.91(d)(1) and (d)(3), so that the                sector). This amount would not be
                                                     larger halibut PSC reductions in these                  Amendment 80 limited access fishery                   deducted from the trawl PSC limit or
                                                     two sectors would be expected to have                   would be assigned only 80 percent of                  the non-trawl PSC limit. The proposed
                                                     an adverse impact from foregone                         the halibut PSC that is remaining after               rule would not modify the designation
                                                     groundfish harvests and revenues. The                   halibut PSC has been assigned to                      of this PSC limit as a PSQ Reserve.
                                                     adverse socioeconomic impact on                         Amendment 80 cooperatives. This                          The proposed rule would remove
                                                     fishing communities participating in the                regulatory change would result in an                  provisions at § 679.21(e)(3)(i)(A)(2)(ii)
                                                     groundfish fisheries would be greater                   overall reduction of the halibut PSC                  and § 679.21(e)(4)(i)(A) that allocate a
                                                     with larger halibut PSC reductions.                     limit to the Amendment 80 limited                     portion of the halibut PSQ reserve from
                                                                                                             access sector of 40 percent compared to               the trawl sector and a portion from the
                                                        Based on the best available                          existing regulations. With these
                                                     information, the Council and NMFS                                                                             non-trawl sector. These regulatory
                                                                                                             proposed regulatory changes, it is                    provisions are no longer necessary with
                                                     anticipate that participants in the                     important to note that the combined                   the establishment of a separate halibut
                                                     Amendment 80 and BSAI trawl limited                     halibut PSC limit for Amendment 80                    PSC limit for the CDQ Program at
                                                     access sectors will need to modify their                cooperatives and the Amendment 80                     § 679.21(b)(1)(iv).
                                                     fishing behavior in response to lower                   limited access fishery would not sum to                  The proposed rule would make no
                                                     halibut PSC limits. Based on the                        1,745 mt. As described earlier in this                other changes in the process for the
                                                     Analysis and public testimony received                  preamble, the Amendment 80 limited                    establishment and use of the halibut
                                                     from groundfish industry participants                   access fishery would be assigned an                   PSQ Reserve under the CDQ Program.
                                                     on the extent to which individual                       amount of PSC that is 20 percent less
                                                     vessels are able to change their fishing                than what the vessels in the                          B. Minor Change in Terminology
                                                     behavior to reduce PSC use, the Council                 Amendment 80 limited access fishery                      The proposed rule would make a
                                                     and NMFS believe that the proposed                      would receive if they had participated                minor change in terminology and use
                                                     halibut PSC reductions would minimize                   in a cooperative for that year.                       ‘‘halibut PSC allowances’’ rather than
                                                     halibut bycatch to the extent                                                                                 ‘‘halibut bycatch allowances’’ to
                                                     practicable.                                            2. BSAI Trawl Limited Access Sector                   describe the apportionment of a halibut
                                                                                                                The proposed rule would establish at               PSC sector limit into fishery categories.
                                                     IV. The Proposed Rule                                                                                         Section 679.21(e) currently uses
                                                                                                             § 679.21(b)(1)(ii) a halibut PSC limit of
                                                       The proposed rule would implement                     745 mt for the BSAI trawl limited access              ‘‘bycatch allowances’’ to describe the
                                                     Amendment 111 to the FMP primarily                      sector. The proposed rule would make                  subdivision of a halibut PSC sector limit
                                                     by revising § 679.21 to reduce BSAI                     no change in the annual harvest                       into fishery categories. NMFS believes
                                                     halibut PSC limits for the Amendment                    specification process whereby NMFS                    that the term ‘‘PSC allowance’’ is more
                                                     80 sector, BSAI trawl limited access                    apportions the overall sector PSC limit               accurate than ‘‘bycatch allowance’’
                                                     sector, BSAI non-trawl sector, and the                  of the BSAI trawl limited access sector               because bycatch is broader than PSC.
                                                     CDQ Program. The proposed rule would                    into PSC allowances for these trawl                   NMFS acknowledges that bycatch is
                                                     also make minor changes in                              fishery categories. The proposed rule                 often, or even typically, used to refer to
                                                                                                             would make no change in the process                   the unintended catch of halibut by the
                                                     terminology, reorganize regulatory text,
                                                                                                             whereby NMFS may make seasonal                        groundfish fisheries. However, NMFS
                                                     and make other technical changes.
                                                                                                             apportionments of the trawl PSC                       concluded that the regulatory text
                                                     A. Reduction in Halibut PSC Limits                      allowances.                                           should use the accurate term, PSC, in
                                                                                                                                                                   regulations governing the catch of
                                                                                                             3. BSAI Non-Trawl Sector
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                                                       The proposed rule would establish                                                                           halibut by the BSAI groundfish
                                                     the following halibut PSC limits at                       The proposed rule would establish at                fisheries.
                                                     § 679.21(b): 1,745 mt for the                           § 679.21(b)(1)(iii) a halibut PSC limit of               The proposed rule also changes the
                                                     Amendment 80 sector; 745 mt for the                     710 mt for the BSAI non-trawl sector.                 term ‘‘incidental catch’’ to ‘‘PSC’’ at
                                                     BSAI trawl limited access sector; 710 mt                The proposed rule would make no                       § 679.21(e)(3)(ii)(C). The current
                                                     for the BSAI non-trawl sector; and 315                  change in the annual harvest                          regulations at § 679.21(e)(3)(ii)(C) direct
                                                     mt for the CDQ Program. These limits                    specification process whereby NMFS                    NMFS to count incidental catch of all
                                                     result in an overall BSAI halibut PSC                   has authority to apportion the overall                halibut taken by the midwater pollock
                                                     limit of 3,515 mt.                                      sector PSC limit into non-trawl fishery               fishery against the bycatch allowance


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                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                          71669

                                                     for the pollock/Atka mackerel/‘‘other                   limits for each of the four groundfish                   The proposed rule would also revise
                                                     species’’ category. The definition of                   sectors in § 679.21(b) and would note                 Table 35 to part 679. Table 35 currently
                                                     ‘‘incidental catch’’ in § 679.2 excludes                that the total of all the BSAI halibut PSC            specifies the BSAI halibut PSC limits for
                                                     fish that are discarded and returned to                 limits is 3,515 mt. This consolidation of             the Amendment 80 sector and BSAI
                                                     the sea. The proposed rule uses the                     BSAI halibut PSC regulations into                     trawl limited access sector. The
                                                     correct term, halibut PSC, in                           § 679.21(b) would clarify the regulations             proposed rule would change Table 35 to
                                                     § 679.21(b)(1)(ii)(C) to describe halibut               for the public.                                       include the revised halibut PSC limits.
                                                     caught by the midwater pollock fishery.                    The proposed reorganization of
                                                                                                             halibut PSC regulations at § 679.21(b)                   Because halibut PSC regulations at
                                                     C. Reorganization and Other Technical                   would have four sections. Section                     § 679.21(e) are cross-referenced in other
                                                     Changes                                                 679.21(b)(1) would establish the halibut              regulations, the proposed rule would
                                                       The proposed rule would reorganize                    PSC limits for the four groundfish                    change all cross-references to the
                                                     § 679.21 by creating a new § 679.21(b)                  sectors: the Amendment 80 sector; the                 halibut-specific provisions in
                                                     that will contain all the provisions that               BSAI trawl limited access sector; the                 § 679.21(e) throughout part 679 to the
                                                     are specific to BSAI halibut PSC limits.                BSAI non-trawl sector; and the CDQ                    new halibut-specific regulations at
                                                     In the current regulations, § 679.21(a) is              Program. Section 679.21(b)(2) would                   § 679.21(b). The proposed rule would
                                                     reserved, § 679.21(b) contains general                  maintain NMFS’s authority to make                     also change all cross-references in
                                                     provisions regarding PSC management,                    seasonal apportionments of PSC                        current regulations to the general PSC
                                                     and § 679.21(e) contains provisions for                 allowances, which is currently at                     provisions that are now in § 679.21(b) to
                                                     BSAI PSC limits for all prohibited                      § 679.21(e)(5). Section 679.21(b)(3)                  the new location for the general
                                                     species: halibut, salmon, crab, and                     would maintain the provisions                         provisions in § 679.21(a). For each
                                                     herring. The proposed rule would move                   regarding notification of PSC                         revised paragraph, this proposed rule
                                                     the general provisions from § 679.21(b)                 allowances, which is currently at                     includes the revised cross-references in
                                                     to § 679.21(a). The proposed rule would                 § 679.21(e)(6). Section 679.21(b)(4)                  the regulatory text and repeats the text
                                                     place all provisions in § 679.21(e) that                would maintain the management of                      that is not otherwise modified. Table 2
                                                     are specific to BSAI halibut PSC limits                 BSAI halibut PSC allowances through                   lists the location of regulations with
                                                     into § 679.21(b). The proposed rule                     directed fishery closures, which is                   cross-references that would be revised
                                                     would specify the BSAI halibut PSC                      currently at § 679.21(e)(7)(i) and (v).               by the proposed rule.

                                                                                            TABLE 2—LIST OF PROPOSED CHANGES IN CROSS-REFERENCES
                                                                                                                   Location of revised cross-references

                                                     § 679.2, definitions of definitions of ‘‘Directed fishing’’, ‘‘Herring Savings Area’’, ‘‘PSQ reserve’’, and ‘‘Sablefish’’.
                                                     § 679.7(a)(12), § 679.7(k)(1)(v), and § 679.7(k)(4)(iii).
                                                     § 679.20(d)(2).
                                                     § 679.23(f), and § 679.23(g)(3).
                                                     § 679.24(c)(2)(ii)(A), § 679.24(c)(2)(ii)(B), § 679.24(c)(3), § 679.24(c)(4), and § 679.24(a)(2)(ii)(A).
                                                     § 679.26(d)(2).
                                                     § 679.31(a)(4).
                                                     § 679.64(a)(3).



                                                     V. Classification                                       description of small entities directly                harvesting groundfish from the Federal
                                                                                                             regulated by the proposed action; any                 or parallel groundfish fisheries of the
                                                       Pursuant to Section 304(b)(1)(A) and
                                                                                                             projected reporting, recordkeeping, or                BSAI subject to a halibut PSC limit. The
                                                     305(d) of the Magnuson-Stevens Act, the
                                                                                                             other compliance requirements of the                  RFA recognizes and defines three kinds
                                                     NMFS Assistant Administrator has
                                                     determined that the proposed rule is                    proposed rule; any overlapping,                       of small entities that could be regulated
                                                     consistent with the FMP, other                          duplicative, or conflicting Federal rules;            by this proposed action: (1) Small
                                                     provisions of the Magnuson-Stevens                      impacts of the action on small entities;              businesses, (2) small non-profit
                                                     Act, and other applicable law, subject to               and any significant alternatives to the               organizations, and (3) small government
                                                     further consideration of comments                       proposed rule that would accomplish                   jurisdictions. This proposed action
                                                     received during the public comment                      the stated objectives of the Magnuson-                would directly regulate small businesses
                                                     period.                                                 Stevens Act, and any other applicable                 that participate in the harvesting of
                                                       The proposed rule has been                            statutes, and would minimize any                      groundfish, and small non-profit
                                                     determined to be not significant for                    significant adverse impacts of the                    organizations.
                                                     purposes of Executive Order 12866.                      proposed rule on small entities.                         The IFRA estimates the number of
                                                                                                             Descriptions of the proposed action, its              directly regulated small entities based
                                                     A. Initial Regulatory Flexibility Analysis              purpose, and the legal basis are                      on size criteria established for industry
                                                       An Initial Regulatory Flexibility                     contained earlier in this preamble and                sectors defined by the Small Business
                                                                                                             are not repeated here. A summary of the
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                                                     Analysis (IRFA) was prepared for this                                                                         Administration (SBA). According to the
                                                     action, as required by Section 603 of the               IRFA follows. A copy of the IRFA is                   SBA criteria, the groundfish fishery is
                                                     Regulatory Flexibility Act (RFA). The                   available from NMFS (see ADDRESSES).                  defined as a finfish harvesting sector.
                                                     IRFA describes the economic impact the                  1. Number and Description of Small                    An entity primarily involved in finfish
                                                     proposed rule, if adopted, would have                   Entities Directly Regulated by the                    harvesting is a small entity if it is
                                                     on small entities. The IRFA describes                   Proposed Action                                       independently owned and operated and
                                                     the reasons why this action is being                                                                          not dominant in its field of operation
                                                     proposed; the objectives and legal basis                  The proposed action would directly                  (including its affiliates), and if it has
                                                     for the proposed rule; the number and                   regulate those entities that participate in           combined annual gross receipts not in


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                                                     71670                Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                     excess of $20.5 million for all its                     limit for the non-trawl sector because                than Pacific cod or sablefish. The
                                                     affiliated operations worldwide. Based                  current and anticipated halibut PSC use               reductions would range from 6 mt to 29
                                                     on the best available and most recent                   in this sector is substantially less than             mt. Option 5 would reduce halibut PSC
                                                     data from 2014, the IRFA estimates that                 the proposed halibut PSC limit that                   limits for the Pacific cod hook-and-line
                                                     a maximum of up to 178 vessels could                    would be established. The 2 trawl                     catcher vessel sector. The reductions
                                                     be directly regulated by this action. The               catcher vessels that participate in the               would range from 1 mt to 7 mt. Option
                                                     IRFA assumes that each vessel is a                      BSAI trawl limited access sector may be               6 would reduce halibut PSC limits for
                                                     unique entity. The IRFA states that this                limited by the proposed reduction in the              the CDQ sector. The reductions would
                                                     likely overestimates the total number of                halibut PSC limit for the BSAI trawl                  range from 39 mt to 196 mt.
                                                     directly regulated entities because some                limited access sector (15 percent) in                    Section 2.5 of the Analysis describes
                                                     vessels are likely affiliated through                   some years because halibut PSC use by                 other significant alternatives to the
                                                     common ownership. However, these                        the BSAI trawl limited access sector has              proposed rule that the Council
                                                     potential affiliations are not known with               exceeded the halibut PSC limit that                   considered but did not advance for
                                                     the best available data and cannot be                   would be established by the proposed                  further analysis: (1) Apportioning the
                                                     predicted.                                              action.                                               halibut PSC limit for the BSAI trawl
                                                        Only 19 of these directly regulated                    The six CDQ groups are not likely to                limited access sector between AFA
                                                     entities are estimated to be small                      be affected by the proposed reduction in              trawl catcher vessels and non-AFA
                                                     entities based on the best available data               the halibut PSC limit for the CDQ sector              trawl catch vessels based on the halibut
                                                     on the gross receipts from these entities               (20 percent) because current and                      PSC by these vessel categories from
                                                     and their known affiliates. Seventeen of                anticipated halibut PSC use in the CDQ                2009 through 2013; (2) implementing
                                                     these small entities are hook-and-line                  sector is substantially less than the                 permanent measures in the Amendment
                                                     catcher vessels that participate in the                 proposed halibut PSC limit that would                 80 sector for deck sorting of halibut; (3)
                                                     non-trawl sector, and two are trawl                     be established. However, some CDQ                     establishing a seasonal apportionment
                                                     catcher vessels that participate in the                 groups will experience an adverse                     of the halibut PSC limit for the BSAI
                                                     BSAI trawl limited access sector,                       impact from PSC reductions in the                     trawl limited access sector. Each of
                                                     specifically the Pacific cod target                     Amendment 80 and BSAI trawl limited                   these alternatives would have changed
                                                     fishery.                                                access sectors, to the extent that they               the current management structure for
                                                        The IRFA states that all six of the                  have ownership interests in vessels                   regulating halibut PSC limits in BSAI.
                                                     CDQ groups would be directly regulated                  operating in those sectors, and the                   The Council’s preferred alternative is a
                                                     by this proposed action. The six CDQ                    proposed halibut PSC limits constrain                 straightforward reduction in halibut
                                                     groups are: The Aleutian Pribilof Island                harvest and resulting revenue. The CDQ                PSC limits by sector. The Council’s
                                                     Community Development Association,                      groups’ ownership interests are                       preferred alternative leaves the current
                                                     the Bristol Bay Economic Development                    described in Section 4.12 of the                      management structure intact and most
                                                     Corporation, the Central Bering Sea                     Analysis.                                             expeditiously achieves the Council’s
                                                     Fishermen’s Association, the Coastal                                                                          objective of reducing halibut PSC limit
                                                                                                             4. Description of Significant
                                                     Villages Region Fund, the Norton Sound                                                                        to the extent practicable in accord with
                                                                                                             Alternatives Considered
                                                     Economic Development Corporation,                                                                             National Standard 9.
                                                     and the Yukon Delta Fisheries                              The Council considered an extensive                   Based on the best available scientific
                                                     Development Association. Each of the                    series of alternatives, options, and                  data and information, none of the
                                                     six CDQ groups receives an exclusive                    suboptions to reduce halibut PSC limits               alternatives except the preferred
                                                     allocation of halibut PSC that would be                 in the BSAI, including the ‘‘no action’’              alternative appear to have the potential
                                                     reduced (i.e., regulated) under this                    alternative. The RIR presents the                     to accomplish the stated objectives of
                                                     proposed action. The six CDQ groups                     complete set of alternatives (see                     the Magnuson-Stevens Act and other
                                                     are non-profit organizations and none is                ADDRESSES). Alternative 1 is Status Quo/              applicable statutes (as reflected in the
                                                     dominant in its field; consequently each                No Action alternative, which would                    proposed action), while minimizing any
                                                     is defined as a small entity under the                  retain the current BSAI halibut PSC                   significant adverse economic impact on
                                                     RFA.                                                    limits in the FMP and in regulations.                 small entities beyond those achieved
                                                                                                             Alternative 2 would amend the FMP                     under the proposed action. The
                                                     2. Federal Rules That May Duplicate,                    and regulations to reduce BSAI halibut                proposed action would minimize
                                                     Overlap, or Conflict With the Proposed                  PSC limits for six groundfish sectors.                bycatch to the extent practicable with
                                                     Action                                                  Alternative 2 includes six options. Each              existing management tools. Thus, the
                                                        NMFS has not identified any                          of the options under Alternative 2                    proposed action would minimize the
                                                     duplication, overlap, or conflict                       contained seven suboptions analyzing                  impacts on small entities in the BSAI
                                                     between this proposed action and                        halibut PSC limit reductions ranging                  groundfish fisheries and promote more
                                                     existing Federal rules.                                 from 10 percent to 50 percent for each                efficient use of the available halibut PSC
                                                                                                             sector. Option 1 would reduce halibut                 limits.
                                                     3. Impacts of the Action on Small                       PSC limits for the Amendment 80
                                                     Entities                                                sector. The reductions would range from               5. Recordkeeping and Reporting
                                                        The proposed action is intended to                   232 mt to 1,162 mt. Option 2 would                    Requirements
                                                     reduce halibut PSC mortality by                         reduce halibut PSC limits for the BSAI                   This action does not modify
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                                                     decreasing halibut PSC limits available                 trawl limited access sector. The                      recordkeeping or reporting
                                                     for use in the BSAI groundfish fisheries.               reductions would range from 87 mt to                  requirements.
                                                     Any reductions in harvest by groundfish                 437 mt. Option 3 would reduce halibut
                                                     harvesters would impact revenue                         PSC limits for the Pacific cod hook-and-              B. Tribal Consultation
                                                     generated from the BSAI groundfish                      line catcher/processor sector. The                      Executive Order (E.O.) 13175 of
                                                     fisheries. The 17 hook-and-line catcher                 reductions would range from 76 mt to                  November 6, 2000 (25 U.S.C. 450 note),
                                                     vessels that participate in the non-trawl               380 mt. Option 4 would reduce halibut                 the Executive Memorandum of April 29,
                                                     sector are not likely to be affected by the             PSC limits for hook-and-line vessels                  1994 (25 U.S.C. 450 note), the American
                                                     proposed reduction in the halibut PSC                   participating in target fisheries other               Indian and Alaska Native Policy of the


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                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                           71671

                                                     U.S. Department of Commerce (March                      ■ 2. In § 679.2, revise the definitions for           Regional Administrator has issued an
                                                     30, 1995), and the Department of                        paragraph (5) of ‘‘Directed fishing’’,                AFA catcher/processor sideboard
                                                     Commerce Tribal Consultation and                        ‘‘Herring Savings Area’’, ‘‘PSQ reserve’’,            directed fishing closure for that
                                                     Coordination policy (78 FR 33331, June                  and ‘‘Sablefish (black cod)’’ to read as              groundfish species or species group
                                                     4, 2013) outline the responsibilities of                follows:                                              under §§ 679.20(d)(1)(iv),
                                                     NMFS for Federal policies that have                                                                           679.21(b)(4)(iii), or 679.21(e)(3)(v).
                                                     tribal implications. Section 161 of                     § 679.2   Definitions.
                                                                                                                                                                   *       *    *      *     *
                                                     Public Law 108–199 (188 Stat. 452), as                  *      *     *     *     *                               (4) * * *
                                                     amended by section 518 of Public Law                       Directed fishing means:                               (iii) Groundfish sideboard closures.
                                                     109–447 (118 Stat. 3267), extends the                   *      *     *     *     *                            Use an AFA catcher vessel to engage in
                                                     consultation requirements of E.O. 13175                    (5) With respect to the harvest of                 directed fishing for a groundfish species
                                                     to Alaska Native corporations. Under                    flatfish in the Bering Sea subarea, for               or species group in the BSAI or GOA
                                                     the E.O. and agency policies, NMFS                      purposes of nonpelagic trawl                          after the Regional Administrator has
                                                     must ensure meaningful and timely                       restrictions under § 679.22(a) and                    issued an AFA catcher vessel sideboard
                                                     input by tribal officials and                           modified nonpelagic trawl gear                        directed fishing closure for that
                                                     representatives of Alaska Native                        requirements under §§ 679.7(c)(5) and                 groundfish species or species group
                                                     corporations in the development of                      679.24(f), fishing with nonpelagic trawl              under § 679.20(d)(1)(iv),
                                                     regulatory policies that have tribal                    gear during any fishing trip that results             679.21(b)(4)(iii), or 679.21(e)(3)(iv), if
                                                     implications. NMFS will provide a copy                  in a retained aggregate amount of                     the vessel’s AFA permit does not
                                                     of this proposed rule to all federally                  yellowfin sole, rock sole, Greenland                  contain a sideboard exemption for that
                                                     recognized tribal governments and                       turbot, arrowtooth flounder, flathead                 groundfish species or species group.
                                                     Alaska Native corporations to notify                    sole, Alaska plaice, and other flatfish
                                                                                                                                                                   *       *    *      *     *
                                                     them of the opportunity to comment or                   that is greater than the retained amount
                                                                                                                                                                   ■ 4. In § 679.21,
                                                     request a consultation on this proposed                 of any other fishery category defined
                                                                                                                                                                   ■ a. Redesignate paragraph (b) as
                                                     action.                                                 under § 679.21(b)(1)(ii) or of sablefish.
                                                                                                                                                                   paragraph (a);
                                                        Section 5(b)(2)(B) of E.O. 13175                     *      *     *     *     *                            ■ b. Revise newly redesignated
                                                     requires NMFS to prepare a ‘‘tribal                        Herring Savings Area means any of                  paragraph (a)(4);
                                                     summary impact statement’’ for any                      three areas in the BSAI presented in                  ■ c. Add a new paragraph (b);
                                                     regulation that has tribal implications,                Figure 4 to this part (see also                       ■ d. Revise paragraph (e) heading;
                                                     that imposes substantial direct                         § 679.21(b)(4) for additional closure                 ■ e. Remove and reserve paragraphs
                                                     compliance costs on Indian tribal                       information).                                         (e)(1)(iv), (e)(2), and (e)(3)(i)(A)(2);
                                                     governments, and is not required by                     *      *     *     *     *                            ■ f. Revise paragraph (e)(3)(ii) heading,
                                                     statute. The tribal summary impact                         PSQ reserve means the amount of a                  paragraphs (e)(3)(ii)(A) and (C),
                                                     statement must contain (1) a description                prohibited species catch limit                        (e)(3)(iv), paragraph (e)(3)(iv)(B)(2)
                                                     of the extent of the agency’s prior                     established under § 679.21 that has been              heading, (e)(3)(v), and (e)(3)(vi)(A) and
                                                     consultation with tribal officials, (2) a               allocated to the CDQ Program under                    (B);
                                                     summary of the nature of their concerns,                § 679.21.                                             ■ g. Remove and reserve paragraph
                                                     (3) the agency’s position supporting the                *      *     *     *     *                            (e)(4);
                                                     need to issue the regulation, and (4) a                    Sablefish (black cod) means                        ■ h. Remove paragraph (e)(5)(iv);
                                                     statement of the extent to which the                    Anoplopoma fimbria. (See also IFQ                     ■ i. Revise paragraphs (e)(6)(i) and (ii),
                                                     concerns of tribal officials have been                  sablefish; sablefish as a prohibited                  and (e)(7)(i);
                                                     met. If the Secretary of Commerce                       species at § 679.21(a)(5); and sablefish              ■ j. Remove and reserve paragraph
                                                     approves this proposed action, a tribal                 as a prohibited species at                            (e)(7)(v); and
                                                     impact summary statement that                           § 679.24(c)(2)(ii)).                                  ■ k. Remove paragraph (e)(8).
                                                     addresses the four questions above will                                                                          The revisions and additions read as
                                                                                                             *      *     *     *     *
                                                     be included in the final rule.                                                                                follows:
                                                                                                             ■ 3. In § 679.7, revise paragraphs (a)(12),
                                                     List of Subjects in 50 CFR Part 679                     (k)(1)(v), and (k)(4)(iii) to read as
                                                                                                                                                                   § 679.21 Prohibited species by catch
                                                       Alaska, Fisheries, Reporting and                      follows:                                              management.
                                                     recordkeeping requirements.                             § 679.7   Prohibitions.                                 (a) * * *
                                                       Dated: November 9, 2015.                              *      *    *      *    *                               (4) Prohibited species taken seaward
                                                     Samuel D. Rauch III,                                       (a) * * *                                          of the EEZ off Alaska. No vessel fishing
                                                     Deputy Assistant Administrator for                         (12) Prohibited species donation                   for groundfish in the GOA or BSAI may
                                                     Regulatory Programs, National Marine                    program. Retain or possess prohibited                 have on board any species listed in this
                                                     Fisheries Service.                                      species, defined at § 679.21(a)(1), except            paragraph (a) that was taken in waters
                                                                                                             as permitted to do so under the PSD                   seaward of these management areas,
                                                       For the reasons set out in the
                                                                                                             program as provided by § 679.26, or as                regardless of whether retention of such
                                                     preamble, 50 CFR part 679 is proposed
                                                                                                             authorized by other applicable law.                   species was authorized by other
                                                     to be amended as follows:
                                                                                                             *      *    *      *    *                             applicable laws.
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                                                     PART 679—FISHERIES OF THE                                  (k) * * *                                          *     *     *     *     *
                                                     EXCLUSIVE ECONOMIC ZONE OFF                                (1) * * *                                            (b) BSAI halibut PSC limits—(1)
                                                     ALASKA                                                     (v) Directed fishing after a sideboard             Establishment of BSAI halibut PSC
                                                                                                             closure. Use a listed AFA catcher/                    limits. Subject to the provisions in
                                                     ■ 1. The authority citation for 50 CFR                  processor or a catcher/processor                      paragraphs (b)(1)(i) through (iv) of this
                                                     part 679 continues to read as follows:                  designated on a listed AFA catcher/                   section, the following four BSAI halibut
                                                       Authority: 16 U.S.C. 773 et seq.; 1801 et             processor permit to engage in directed                PSC limits are established, which total
                                                     seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.            fishing for a groundfish species or                   3,515 mt: Amendment 80 sector—1,745
                                                     111–281.                                                species group in the BSAI after the                   mt; BSAI trawl limited access sector—


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                                                     71672                Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                     745 mt; BSAI non-trawl sector—710 mt;                   the retained amount of any other fishery              caught while conducting any fishery in
                                                     and CDQ Program—315 mt (established                     category defined under this paragraph                 the BSAI non-trawl sector is an amount
                                                     as a PSQ reserve).                                      (b)(1)(ii)(B).                                        of halibut equivalent to 710 mt of
                                                        (i) Amendment 80 sector. The PSC                        (i) Yellowfin sole fishery. Fishing with           halibut mortality.
                                                     limit of halibut caught while conducting                trawl gear during any weekly reporting                   (2) NMFS, after consultation with the
                                                     any fishery in the Amendment 80 sector                  period that is defined as a flatfish                  Council, will apportion the PSC limit
                                                     is an amount of halibut equivalent to                   fishery under this paragraph                          set forth under paragraph
                                                     1,745 mt of halibut mortality. Halibut                  (b)(1)(ii)(B)(2) and results in a retained            (b)(1)(iii)(A)(1) into PSC allowances for
                                                     PSC limits within the Amendment 80                      amount of yellowfin sole that is 70                   the non-trawl fishery categories defined
                                                     sector will be established for                          percent or more of the retained                       under paragraph (b)(1)(iii)(B) of this
                                                     Amendment 80 cooperatives and the                       aggregate amount of rock sole, ‘‘other                section.
                                                     Amendment 80 limited access fishery                     flatfish,’’ and yellowfin sole.                          (3) Apportionment of the non-trawl
                                                     according to the procedure and                             (ii) Rock sole/flathead sole/Alaska                halibut PSC limit of 710 mt among the
                                                     formulae in § 679.91(d) and (f). If                     plaice/‘‘other flatfish’’ fishery. Fishing            non-trawl fishery categories will be
                                                     halibut PSC is assigned to the                          with trawl gear during any weekly                     based on each category’s proportional
                                                     Amendment 80 limited access fishery, it                 reporting period that is defined as a                 share of the anticipated halibut PSC
                                                     will be apportioned into PSC                            flatfish fishery under this paragraph                 during a fishing year and the need to
                                                     allowances for trawl fishery categories                 (b)(1)(ii)(B)(2) and is not a yellowfin               optimize the amount of total groundfish
                                                     according to the procedure in                           sole fishery as defined under paragraph               harvested under the halibut PSC limit
                                                     paragraphs (b)(1)(ii)(A)(2) and (3) of this             (b)(1)(ii)(B)(2)(i) of this section.                  for this sector.
                                                     section.                                                   (3) Greenland turbot/arrowtooth                       (4) The sum of all PSC allowances for
                                                        (ii) BSAI trawl limited access sector—               flounder/Kamchatka flounder/sablefish                 this sector will equal the PSC limit set
                                                     (A) General. (1) The PSC limit of halibut               fishery. Fishing with trawl gear during               forth under paragraph (b)(1)(iii)(A)(1) of
                                                     caught while conducting any fishery in                  any weekly reporting period that results              this section.
                                                     the BSAI trawl limited access sector is                 in a retained aggregate amount of                        (B) Non-trawl fishery categories. For
                                                     an amount of halibut equivalent to 745                  Greenland turbot, arrowtooth flounder,                purposes of apportioning the non-trawl
                                                     mt of halibut mortality.                                Kamchatka flounder, and sablefish that                halibut PSC limit among fisheries, the
                                                        (2) NMFS, after consultation with the                is greater than the retained amount of                following fishery categories are
                                                     Council, will apportion the PSC limit                   any other fishery category defined under              specified and defined in terms of round-
                                                     set forth under paragraph (b)(1)(ii)(A)(1)              this paragraph (b)(1)(ii)(B).                         weight equivalents of those BSAI
                                                     of this section into PSC allowances for                    (4) Rockfish fishery. Fishing with                 groundfish species for which a TAC has
                                                     the trawl fishery categories defined in                 trawl gear during any weekly reporting                been specified under § 679.20.
                                                     paragraphs (b)(1)(ii)(B)(1) through (6) of              period that results in a retained                        (1) Pacific cod hook-and-line catcher
                                                     this section.                                           aggregate amount of rockfish species                  vessel fishery. Catcher vessels fishing
                                                        (3) Apportionment of the trawl                       that is greater than the retained amount              with hook-and-line gear during any
                                                     halibut PSC limit set forth under                       of any other fishery category defined                 weekly reporting period that results in
                                                     paragraph (b)(1)(ii)(A)(1) of this section              under this paragraph (b)(1)(ii)(B).                   a retained catch of Pacific cod that is
                                                     among the trawl fishery categories will                    (5) Pacific cod fishery. Fishing with              greater than the retained amount of any
                                                     be based on each category’s proportional                trawl gear during any weekly reporting                other groundfish species.
                                                     share of the anticipated halibut PSC                    period that results in a retained                        (2) Pacific cod hook-and-line catcher/
                                                     during a fishing year and the need to                   aggregate amount of Pacific cod that is               processor fishery. Catcher/processors
                                                     optimize the amount of total groundfish                 greater than the retained amount of any               fishing with hook-and-line gear during
                                                     harvested under the halibut PSC limit                   other groundfish fishery category                     any weekly reporting period that results
                                                     for this sector.                                        defined under this paragraph                          in a retained catch of Pacific cod that is
                                                        (4) The sum of all PSC allowances for                (b)(1)(ii)(B).                                        greater than the retained amount of any
                                                     this sector will equal the PSC limit set                   (6) Pollock/Atka mackerel/‘‘other                  other groundfish species.
                                                     forth under paragraph (b)(1)(ii)(A)(1) of               species.’’ Fishing with trawl gear during                (3) Sablefish hook-and-line fishery.
                                                     this section.                                           any weekly reporting period that results              Fishing with hook-and-line gear during
                                                        (B) Trawl fishery categories. For                    in a retained aggregate amount of                     any weekly reporting period that results
                                                     purposes of apportioning the trawl PSC                  pollock other than pollock harvested in               in a retained catch of sablefish that is
                                                     limit set forth under paragraph                         the midwater pollock fishery defined                  greater than the retained amount of any
                                                     (b)(1)(ii)(A)(1) of this section among                  under paragraph (b)(1)(ii)(B)(1) of this              other groundfish species.
                                                     trawl fisheries, the following fishery                  section, Atka mackerel, and ‘‘other                      (4) Groundfish jig gear fishery. Fishing
                                                     categories are specified and defined in                 species’’ that is greater than the retained           with jig gear during any weekly
                                                     terms of round-weight equivalents of                    amount of any other fishery category                  reporting period that results in a
                                                     those groundfish species or species                     defined under this paragraph                          retained catch of groundfish.
                                                     groups for which a TAC has been                         (b)(1)(ii)(B).                                           (5) Groundfish pot gear fishery.
                                                     specified under § 679.20.                                  (C) Halibut PSC in midwater pollock                Fishing with pot gear under restrictions
                                                        (1) Midwater pollock fishery. Fishing                fishery. Any amount of halibut that is                set forth in § 679.24(b) during any
                                                     with trawl gear during any weekly                       incidentally taken in the midwater                    weekly reporting period that results in
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                                                     reporting period that results in a catch                pollock fishery, as defined in paragraph              a retained catch of groundfish.
                                                     of pollock that is 95 percent or more of                (b)(1)(ii)(B)(1) of this section, will be                (6) Other non-trawl fisheries. Fishing
                                                     the total amount of groundfish caught                   counted against the halibut PSC                       for groundfish with non-trawl gear
                                                     during the week.                                        allowance specified for the pollock/Atka              during any weekly reporting period that
                                                        (2) Flatfish fishery. Fishing with trawl             mackerel/‘‘other species’’ category, as               results in a retained catch of groundfish
                                                     gear during any weekly reporting period                 defined in paragraph (b)(1)(ii)(B)(6) of              and does not qualify as a Pacific cod
                                                     that results in a retained aggregate                    this section.                                         hook-and-line catcher vessel fishery, a
                                                     amount of rock sole, ‘‘other flatfish,’’                   (iii) BSAI Non-trawl Sector—(A)                    Pacific cod hook-and-line catcher/
                                                     and yellowfin sole that is greater than                 General. (1) The PSC limit of halibut                 processor fishery, a sablefish hook-and-


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                                                                          Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                           71673

                                                     line fishery, a jig gear fishery, or a                  in a manner determined by NMFS, after                 fishing vessels participating in any of
                                                     groundfish pot gear fishery as defined                  consultation with the Council, based on               the non-trawl fishery categories listed
                                                     under paragraphs (b)(1)(iii)(B)(1)                      the types of information listed under                 under paragraph (b)(1)(iii) of this
                                                     through (5) of this section.                            paragraph (b)(2)(ii) of this section.                 section will catch the halibut PSC
                                                        (iv) CDQ Program. The PSC limit of                      (B) Seasonal apportionment                         allowance, or seasonal apportionment
                                                     halibut caught while conducting any                     exceeded. If a seasonal apportionment                 thereof, specified for that fishery
                                                     fishery in the CDQ Program is an                        of a non-trawl fishery PSC allowance                  category under paragraph (b)(1)(iii) of
                                                     amount of halibut equivalent to 315 mt                  made under paragraph (b)(2) of this                   this section, NMFS will publish in the
                                                     of halibut mortality. The PSC limit to                  section is exceeded, the amount by                    Federal Register the closure of the
                                                     the CDQ Program will be treated as a                    which the seasonal apportionment is                   entire BSAI to directed fishing with the
                                                     Prohibited Species Quota (PSQ) reserve                  exceeded will be deducted from the                    relevant gear type for each species and/
                                                     to the CDQ Program for all purposes                     fishery’s remaining seasonal PSC                      or species group in that fishery category.
                                                     under 50 CFR part 679 including                         allowances during a current fishing year                 (iii) AFA PSC sideboard limits.
                                                     §§ 679.31 and 679.7(d)(3). The PSQ                      in a manner determined by NMFS, after                 Halibut PSC limits for the AFA catcher/
                                                     limit is not apportioned by gear, fishery,              consultation with the Council, based on               processor sector and the AFA trawl
                                                     or season.                                              the types of information listed under                 catcher vessel sector will be established
                                                        (2) Seasonal apportionments of BSAI                  paragraph (b)(2)(ii) of this section.                 pursuant to § 679.64(a) and (b) and
                                                     halibut PSC allowances—(i) General.                        (3) Notification of allowances—(i)                 managed through directed fishing
                                                     NMFS, after consultation with the                       General. NMFS will publish in the                     closures for the AFA catcher/processor
                                                     Council, may apportion a halibut PSC                    Federal Register, for up to two fishing               sector and the AFA trawl catcher vessel
                                                     allowance on a seasonal basis.                          years, the proposed and final BSAI                    sector in the groundfish fisheries for
                                                        (ii) Factors to be considered. NMFS                  halibut PSC allowances, the seasonal                  which the PSC limit applies.
                                                     will base any seasonal apportionment of                 apportionments thereof, and the manner
                                                                                                                                                                   *       *    *     *     *
                                                     a PSC allowance on the following types                  in which seasonal apportionments of                      (e) BSAI PSC limits for crab, salmon,
                                                     of information:                                         non-trawl fishery PSC allowances will                 herring—
                                                        (A) Seasonal distribution of                         be managed.
                                                                                                                (ii) Public comment. Public comment                *       *    *     *     *
                                                     prohibited species;                                                                                              (3) * * *
                                                        (B) Seasonal distribution of target                  will be accepted by NMFS on the
                                                                                                                                                                      (ii) Red king crab, C. bairdi, and C.
                                                     groundfish species relative to prohibited               proposed PSC allowances seasonal
                                                                                                                                                                   opilio—(A) General. For vessels engaged
                                                     species distribution;                                   apportionments thereof, and the manner
                                                                                                             in which seasonal apportionments of                   in directed fishing for groundfish in the
                                                        (C) Expected PSC needs on a seasonal                                                                       BSAI, other than vessels fishing under
                                                     basis relevant to change in prohibited                  non-trawl fishery PSC allowances will
                                                                                                             be managed, for a period specified in                 a CQ permit assigned to an Amendment
                                                     species biomass and expected catches of                                                                       80 cooperative, the PSC limits for red
                                                     target groundfish species;                              the notice of proposed specifications
                                                                                                             published in the Federal Register.                    king crab, C. bairdi, and C. opilio will
                                                        (D) Expected variations in PSC rates
                                                                                                                (4) Management of BSAI halibut PSC                 be apportioned to the trawl fishery
                                                     throughout the fishing year;
                                                                                                             allowances—(i) Trawl sector—                          categories defined in paragraphs
                                                        (E) Expected changes in directed
                                                                                                             Amendment 80 limited access fishery                   (e)(3)(iv)(B) through (F) of this section.
                                                     groundfish fishing seasons;
                                                        (F) Expected start of fishing effort; or             and BSAI trawl limited access sector:                 *       *    *     *     *
                                                        (G) Economic effects of establishing                 Closures—(A) Exception. When a PSC                       (C) Incidental catch in midwater
                                                     seasonal prohibited species                             allowance, or seasonal apportionment                  pollock fishery. Any amount of red king
                                                     apportionments on segments of the                       thereof, specified for the pollock/Atka               crab, C. bairdi, or C. opilio that is
                                                     target groundfish industry.                             mackerel/‘‘other species’’ fishery                    incidentally taken in the midwater
                                                        (iii) Seasonal trawl fishery PSC                     category, as defined in                               pollock fishery as defined in paragraph
                                                     allowances—(A) Unused seasonal                          § 679.21(b)(1)(ii)(B)(6) is reached, only             (e)(3)(iv)(A) of this section will be
                                                     apportionments. Unused seasonal                         directed fishing for pollock is closed to             counted against the bycatch allowances
                                                     apportionments of trawl fishery PSC                     trawl vessels using nonpelagic trawl                  specified for the pollock/Atka mackerel/
                                                     allowances made under paragraph (b)(2)                  gear.                                                 ‘‘other species’’ category defined in
                                                     of this section will be added to its                       (B) Closures. Except as provided in                paragraph (e)(3)(iv)(F) of this section.
                                                     respective fishery PSC allowance for the                paragraph (b)(4)(i)(A) of this section, if,           *       *    *     *     *
                                                     next season during a current fishing                    during the fishing year, the Regional                    (iv) Trawl fishery categories. For
                                                     year.                                                   Administrator determines that U.S.                    purposes of apportioning trawl PSC
                                                        (B) Seasonal apportionment                           fishing vessels participating in any of               limits for crab and herring among
                                                     exceeded. If a seasonal apportionment                   the trawl fishery categories listed in                fisheries, other than crab PSC CQ
                                                     of a trawl fishery PSC allowance made                   paragraphs (b)(1)(ii)(B)(2) through (6) of            assigned to an Amendment 80
                                                     under paragraph (b)(2) of this section is               this section will catch the halibut PSC               cooperative, the following fishery
                                                     exceeded, the amount by which the                       allowance, or seasonal apportionment                  categories are specified and defined in
                                                     seasonal apportionment is exceeded                      thereof, specified for that fishery                   terms of round-weight equivalents of
                                                     will be deducted from its respective                    category under paragraph (b)(1)(i) or                 those groundfish species or species
                                                     apportionment for the next season                       (b)(1)(ii) of this section, NMFS will                 groups for which a TAC has been
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                                                     during a current fishing year.                          publish in the Federal Register the                   specified under § 679.20.
                                                        (iv) Seasonal non-trawl fishery PSC                  closure of the entire BSAI to directed                   (B) * * *
                                                     allowances—(A) Unused seasonal                          fishing for each species and/or species                  (2) Rock sole/flathead sole/Alaska
                                                     apportionments. Any unused portion of                   group in that fishery category for the                plaice/‘‘other flatfish’’ fishery. * * *
                                                     a seasonal non-trawl fishery PSC                        remainder of the year or for the                      *       *    *     *     *
                                                     allowance made under paragraph (b)(2)                   remainder of the season.                                 (v) AFA prohibited species catch
                                                     of this section will be reapportioned to                   (ii) BSAI non-trawl sector: Closures. If,          limitations. Crab PSC limits for the AFA
                                                     the fishery’s remaining seasonal PSC                    during the fishing year, the Regional                 catcher/processor sector and the AFA
                                                     allowances during a current fishing year                Administrator determines that U.S.                    trawl catcher vessel sector will be


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                                                     71674                        Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules

                                                     established according to the procedures                                    will be managed, for a period specified                                    (d) * * *
                                                     and formulas set out in § 679.64(a) and                                    in the notice of proposed specifications                                   (1) Amount of Amendment 80 halibut
                                                     (b) and managed through directed                                           published in the Federal Register.                                      PSC for the Amendment 80 sector. The
                                                     fishing closures for the AFA catcher/                                         (7) * * *
                                                                                                                                   (i) Exception. When a bycatch                                        amount of halibut PSC limit for the
                                                     processor sector and the AFA trawl
                                                                                                                                allowance, or seasonal apportionment                                    Amendment 80 sector for each calendar
                                                     catcher vessel sector in the groundfish
                                                                                                                                thereof, specified for the pollock/Atka                                 year is specified in Table 35 to this part.
                                                     fisheries for which the PSC limit
                                                     applies.                                                                   mackerel/‘‘other species’’ fishery                                      That halibut PSC is then assigned to
                                                        (vi) * * *                                                              category is reached, only directed                                      Amendment 80 cooperatives and the
                                                        (A) Crab PSC limits for the                                             fishing for pollock is closed to trawl                                  Amendment 80 limited access fishery
                                                     Amendment 80 sector in the BSAI will                                       vessels using nonpelagic trawl gear.                                    pursuant to paragraphs (d)(2) and (3) of
                                                     be established according to the                                            *      *    *      *    *                                               this section. If one or more Amendment
                                                     procedure and formulae set out in                                          ■ 5. In § 679.31, revise paragraph (a)(4)                               80 vessels participate in the
                                                     § 679.91(d) through (f); and                                               to read as follows:                                                     Amendment 80 limited access fishery,
                                                        (B) Crab PSC assigned to the                                                                                                                    the halibut PSC limit assigned to the
                                                     Amendment 80 limited access fishery                                        § 679.31 CDQ and PSQ reserves,
                                                                                                                                                                                                        Amendment 80 sector will be reduced
                                                     will be managed through directed                                           allocations, and transfers.
                                                                                                                                                                                                        pursuant to paragraph (d)(3) of this
                                                     fishing closures for Amendment 80                                            (a) * * *
                                                                                                                                  (4) PSQ reserve. (See                                                 section.
                                                     vessels to which the crab bycatch limits
                                                                                                                                §§ 679.21(e)(3)(i)(A) and                                               *      *    *     *     *
                                                     apply.
                                                                                                                                679.21(b)(1)(iv))                                                          (3) Amount of Amendment 80 halibut
                                                     *       *    *    *     *
                                                        (6) * * *                                                               *     *     *      *    *                                               PSC assigned to the Amendment 80
                                                        (i) General. NMFS will publish in the                                   ■ 6. In § 679.64, revise paragraph (a)(3)                               limited access fishery. The amount of
                                                     Federal Register, for up to two fishing                                    to read as follows:                                                     Amendment 80 halibut PSC assigned to
                                                     years, the annual red king crab PSC                                        § 679.64 Harvesting sideboard limits in                                 the Amendment 80 limited access
                                                     limit, and, if applicable, the amount of                                   other fisheries.                                                        fishery is equal to the amount of halibut
                                                     this PSC limit specified for the RKCSS,                                      (a) * * *                                                             PSC assigned to the Amendment 80
                                                     the annual C. bairdi PSC limit, the                                          (3) How will AFA catcher/processor                                    sector, as specified in Table 35 to this
                                                     annual C. opilio PSC limit, the proposed                                   sideboard limits be managed? The                                        part, subtracting the amount of
                                                     and final PSQ reserve amounts, the                                         Regional Administrator will manage                                      Amendment 80 halibut PSC assigned as
                                                     proposed and final bycatch allowances,                                     groundfish harvest limits and PSC                                       CQ to all Amendment 80 cooperatives
                                                     and the seasonal apportionments                                            bycatch limits for AFA catcher/                                         as determined in paragraph (d)(2)(iv) of
                                                     thereof, as required by paragraph (e) of                                   processors through directed fishing                                     this section, multiplied by 80 percent.
                                                     this section.                                                              closures in fisheries established under
                                                        (ii) Public comment. Public comment                                                                                                             *      *    *     *     *
                                                                                                                                paragraph (a)(1) of this section in
                                                     will be accepted by NMFS on the                                            accordance with the procedures set out                                  §§ 679.20, 679.23, 679.24, and 679.26
                                                     proposed annual red king crab PSC limit                                    in §§ 679.20(d)(1)(iv) and                                              [Amended]
                                                     and, if applicable, the amount of this                                     679.21(b)(4)(iii).
                                                     PSC limit specified for the RKCSS, the                                                                                                             ■  8. At each of the locations shown in
                                                                                                                                *     *     *      *    *                                               the ‘‘Location’’ column, remove the
                                                     annual C. bairdi PSC limit, the annual                                     ■ 7. In § 679.91, revise paragraphs (d)(1)
                                                     C. opilio PSC limit, the proposed and                                                                                                              phrase indicated in the ‘‘Remove’’
                                                                                                                                and (3) to read as follows:
                                                     final bycatch allowances, seasonal                                                                                                                 column and replace it with the phrase
                                                     apportionments thereof, and the manner                                     § 679.91 Amendment 80 Program annual                                    indicated in the ‘‘Add’’ column for the
                                                     in which seasonal apportionments of                                        harvester privileges.                                                   number of times indicated in the
                                                     non-trawl fishery bycatch allowances                                       *         *         *         *         *                               ‘‘Frequency’’ column.

                                                                                                                      Location                                                                          Remove             Add          Frequency

                                                     § 679.20(d)(2) ...............................................................................................................................     § 679.21(b)      § 679.21(a)                1
                                                     § 679.23(f) ....................................................................................................................................   § 679.21(b)      § 679.21(a)                1
                                                     § 679.23(g)(3) ...............................................................................................................................     § 679.21(b)      § 679.21(a)                1
                                                     § 679.24(c)(2)(ii)(A) ......................................................................................................................       § 679.21(b)      § 679.21(a)                1
                                                     § 679.24(c)(2)(ii)(B) ......................................................................................................................       § 679.21(b)      § 679.21(a)                1
                                                     § 679.24(c)(3) ...............................................................................................................................     § 679.21(b)      § 679.21(a)                1
                                                     § 679.24(c)(4) ...............................................................................................................................     § 679.21(b)      § 679.21(a)                1
                                                     § 679.25(a)(2)(ii)(A) ......................................................................................................................       § 679.21(b)      § 679.21(a)                1
                                                     § 679.26(d)(2) ...............................................................................................................................     § 679.21(b)      § 679.21(a)                1



                                                     ■ 9. Revise table 35 to part 679 to read
                                                     as follows:
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                                                                                  Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Proposed Rules                                                                                          71675

                                                         TABLE 35 TO PART 679—APPORTIONMENT OF CRAB PSC AND HALIBUT PSC BETWEEN THE AMENDMENT 80 AND BSAI
                                                                                           TRAWL LIMITED ACCESS SECTORS
                                                                                                                                                                                Zone 1 Red                 C. opilio crab            Zone 1 C.         Zone 2 C.
                                                                                                                                       Halibut PSC limit in the
                                                                                      Fishery                                                                                  king crab PSC                 PSC limit               bairdi crab       bairdi crab
                                                                                                                                                BSAI                              limit . . .             (COBLZ) . . .             PSC limit . . .   PSC limit . . .

                                                          ..........................................................................                                            as a percentage of the total BSAI trawl PSC limit after allocation
                                                                                                                                                                                                             as PSQ

                                                     Amendment 80 sector ..........................................                    1,745mt .........................                     49.98                      49.15                42.11             23.67
                                                     BSAI trawl limited access .....................................                   745 mt ..........................                     30.58                      32.14                46.99             46.81



                                                     ■ 10. Revise table 40 to part 679 to read
                                                     as follows:

                                                       TABLE 40 TO PART 679—BSAI HALIBUT PSC SIDEBOARD LIMITS FOR AFA CATCHER/PROCESSORS AND AFA CATCHER
                                                                                                    VESSELS
                                                                                                                                                                                                                                       The AFA           The AFA
                                                                                                                                                                                                                                     catcher/proc-    catcher vessel
                                                                                                                                                                                                                                     essor halibut     halibut PSC
                                                                    In the following target species categories as defined in § 679.21(b)(1)(iii) and (e)(3)(iv) . . .                                                                    PSC          sideboard limit
                                                                                                                                                                                                                                    sideboard limit   in metric tons
                                                                                                                                                                                                                                    in metric tons        is . . .
                                                                                                                                                                                                                                        is . . .

                                                     All target species categories ...................................................................................................................................                         286               N/A
                                                     Pacific cod trawl .......................................................................................................................................................                 N/A               887
                                                     Pacific cod hook-and-line or pot ..............................................................................................................................                           N/A                 2
                                                     Yellowfin sole ...........................................................................................................................................................                N/A               101
                                                     Rock sole/flathead sole/‘‘other flatfish’’ 1 .................................................................................................................                            N/A               228
                                                     Turbot/Arrowtooth/Sablefish ....................................................................................................................................                          N/A                 0
                                                     Rockfish 2 .................................................................................................................................................................              N/A                 2
                                                     Pollock/Atka mackerel/‘‘other species’’ ....................................................................................................................                              N/A                 5
                                                       1 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Greenland turbot, rock sole, flathead
                                                     sole, yellowfin sole, and arrowtooth flounder.
                                                       2 Applicable from July 1 through December 31.




                                                     [FR Doc. 2015–28889 Filed 11–13–15; 8:45 am]
                                                     BILLING CODE 3510–22–P
mstockstill on DSK4VPTVN1PROD with PROPOSALS2




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Document Created: 2015-12-14 14:12:28
Document Modified: 2015-12-14 14:12:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesSubmit comments on or before December 16, 2015.
ContactMary Alice McKeen, 907-586-7228.
FR Citation80 FR 71649 
RIN Number0648-BF29
CFR AssociatedAlaska; Fisheries and Reporting and Recordkeeping Requirements

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