81_FR_88097 81 FR 87863 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2017 and 2018 Harvest Specifications for Groundfish

81 FR 87863 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2017 and 2018 Harvest Specifications for Groundfish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 234 (December 6, 2016)

Page Range87863-87881
FR Document2016-29152

NMFS proposes 2017 and 2018 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to establish harvest limits for groundfish during the 2017 and 2018 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016)
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Proposed Rules]
[Pages 87863-87881]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29152]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-6985-01]
RIN 0648-XE989


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; 2017 and 2018 Harvest Specifications for 
Groundfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes 2017 and 2018 harvest specifications, 
apportionments, and prohibited species catch allowances for the 
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) 
management area. This action is necessary to establish harvest limits 
for groundfish during the 2017 and 2018 fishing years, and to 
accomplish the goals and objectives of the Fishery Management Plan for 
Groundfish of the Bering Sea and Aleutian Islands Management Area. The 
intended effect of this action is to conserve and manage the groundfish 
resources in the BSAI in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act.

DATES: Comments must be received by January 5, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2016-0140, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0140, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit 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 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of the Alaska Groundfish Harvest Specifications 
Final Environmental Impact Statement (Final EIS), Record of Decision 
(ROD), Supplementary Information Report (SIR) to the EIS, and the 
Initial Regulatory Flexibility Analysis (IRFA) prepared for this action 
may be obtained from http://www.regulations.gov or from the Alaska 
Region Web site at http://alaskafisheries.noaa.gov. The final 2015 
Stock Assessment and Fishery Evaluation (SAFE) report for the 
groundfish resources of the BSAI, dated November 2015, is available 
from the North Pacific Fishery Management Council (Council) at 605 West 
4th Avenue, Suite 306, Anchorage, AK 99501-2252, phone 907-271-2809, or 
from the Council's Web site at http://www.npfmc.org/. The draft 2016 
SAFE report for the BSAI is available from the same source.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 
implement the Fishery Management Plan for Groundfish of the Bering Sea 
and Aleutian Islands Management Area (FMP) and govern the groundfish 
fisheries in the BSAI. The Council prepared the FMP, and NMFS approved 
it under the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). General regulations governing U.S. fisheries 
also appear at 50 CFR part 600.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species category. The sum TAC for all 
groundfish species must be within the optimum yield (OY) range of 1.4 
million to 2.0 million metric tons (mt) (see Sec.  679.20(a)(1)(i)(A)). 
Section 679.20(c)(1) further requires NMFS to publish proposed harvest 
specifications in the Federal Register and solicit public comments on 
proposed annual TACs and apportionments thereof, prohibited species 
catch (PSC) allowances, prohibited species quota (PSQ) reserves 
established by Sec.  679.21, seasonal allowances of pollock, Pacific 
cod, and Atka mackerel TAC, American Fisheries Act allocations, 
Amendment 80 allocations, and Community

[[Page 87864]]

Development Quota (CDQ) reserve amounts established by Sec.  
679.20(b)(1)(ii). The proposed harvest specifications set forth in 
Tables 1 through 17 of this action satisfy these requirements.
    Under Sec.  679.20(c)(3), NMFS will publish the final harvest 
specifications for 2017 and 2018 after (1) considering comments 
received within the comment period (see DATES), (2) consulting with the 
Council at its December 2016 meeting, (3) considering information 
presented in the SIR that assesses the need to prepare a Supplemental 
EIS (see ADDRESSES), and (4) considering information presented in the 
final 2016 SAFE reports prepared for the 2017 and 2018 groundfish 
fisheries.

Other Actions Affecting the 2017 and 2018 Harvest Specifications

    The Alaska Board of Fisheries (BOF), a regulatory body for the 
State of Alaska Department of Fish and Game (State), established a 
guideline harvest level (GHL) in State waters between 164 and 167 
degrees west longitude in the Bering Sea subarea (BS) equal to 6.4 
percent of the Pacific cod acceptable biological catch (ABC) for the 
BS. The Council recommends the proposed 2017 and 2018 Pacific cod TACs 
to accommodate the State's GHLs for Pacific cod in State waters in the 
BS. The Council and its BSAI Groundfish Plan Team (Plan Team), 
Scientific and Statistical Committee (SSC), and Advisory Panel (AP) 
recommended that the sum of all State and Federal water Pacific cod 
removals from the BS not exceed the proposed ABC recommendations of 
255,000 mt. Accordingly, the Council set the proposed 2017 and 2018 
Pacific cod TACs in the BS to account for State GHLs.
    For 2017 and 2018, the BOF established a GHL in State waters in the 
Aleutian Islands subarea (AI) equal to 27 percent of the Pacific cod 
ABC for the AI. The Council recommends the proposed 2017 and 2018 
Pacific cod TACs to accommodate the State's GHLs for Pacific cod in 
State waters in the AI. The Council and its Plan Team, SSC, and AP 
recommended that the sum of all State and Federal water Pacific cod 
removals from the AI not exceed the proposed ABC recommendations of 
17,600 mt. Accordingly, the Council set the proposed 2017 and 2018 
Pacific cod TACs in the AI to account for State GHLs.
    In October 2015, the Council took final action to recommend for 
Secretarial Review Amendment 113 to the BSAI FMP. NMFS published a 
notice of availability for Amendment 113 on July 19, 2016 (81 FR 
46883). The public comment period for the notice of availability on 
Amendment 113 ended on September 19, 2016, and the Secretary approved 
Amendment 113 on October 17, 2016. Amendment 113 sets aside a portion 
of the Aleutian Islands Pacific cod TAC for catcher vessels that 
directed fish for Aleutian Islands Pacific cod and then deliver the 
catch to Aleutian Islands shoreplants for processing.
    NMFS published a proposed rule to implement Amendment 113 on August 
1, 2016, and accepted public comment through August 31, 2016 (81 FR 
50444). If NMFS approves the final rule, in November 2016, NMFS expects 
the authority to set aside Aleutian Islands Pacific cod for catcher 
vessels delivering to Aleutian Islands shoreplants for processing would 
be in effect by the beginning of the 2017 fisheries on January 1, 2017.
    Amendment 111 to the FMP (81 FR 24714, April 27, 2016) became 
effective May 27, 2016. Amendment 111 implemented BSAI halibut PSC 
limit reductions for the trawl and non-trawl sectors. These amounts are 
found in Table 8.
    Amendment 110 to the FMP (81 FR 37534, June 10, 2016) became 
effective July 11, 2016. Amendment 110 improves the management of 
Chinook and chum salmon bycatch in the Bering Sea pollock fishery by 
creating a comprehensive salmon bycatch avoidance program. Amendment 
110 also changed the seasonal apportionments of the pollock TAC to 
allow more pollock to be harvested earlier in the year when Chinook 
salmon PSC use tends to be lower.

Proposed ABC and TAC Harvest Specifications

    At the October 2016 Council meeting, the SSC, AP, and Council 
reviewed the most recent biological and harvest information on the 
condition of the BSAI groundfish stocks. The Council's Plan Team 
compiled and presented this information, which was initially compiled 
by the Plan Team and presented in the final 2015 SAFE report for the 
BSAI groundfish fisheries, dated November 2015 (see ADDRESSES). The 
amounts proposed for the 2017 and 2018 harvest specifications are based 
on the 2015 SAFE report, and are subject to change in the final harvest 
specifications to be published by NMFS following the Council's December 
2016 meeting. In November 2016, the Plan Team updated the 2015 SAFE 
report to include new information collected during 2016, such as NMFS 
stock surveys, revised stock assessments, and catch data. At its 
December 2016 meeting, the Council will consider information contained 
in the final 2016 SAFE report, recommendations from the November 2016 
Plan Team meeting, public testimony from the December 2016 SSC and AP 
meetings, and relevant written comments in making its recommendations 
for the final 2017 and 2018 harvest specifications.
    In previous years, the OFLs and ABCs that have had the most 
significant changes (relative to the amount of assessed tonnage of 
fish) from the proposed to the final harvest specifications have been 
for OFLs and ABCs that are based on the most recent NMFS stock surveys, 
which provide updated estimates of stock biomass and spatial 
distribution, and changes to the models used in the stock assessments. 
These changes were recommended by the Plan Team in November 2016 and 
are included in the final 2016 SAFE report. The final 2016 SAFE report 
includes the most recent information, such as 2016 catch data. The 
final harvest specification amounts for these stocks are not expected 
to vary greatly from the proposed harvest specification amounts 
published here.
    If the final 2016 SAFE report indicates that the stock biomass 
trend is increasing for a species, then the final 2017 and 2018 harvest 
specifications may reflect an increase from the proposed harvest 
specifications. Conversely, if the final 2016 SAFE report indicates 
that the stock biomass trend is decreasing for a species, then the 
final 2017 and 2018 harvest specifications may reflect a decrease from 
the proposed harvest specifications. In addition to changes driven by 
biomass trends, there may be changes in TACs due to the sum of ABCs 
exceeding 2 million mt. Since the regulations require TACs to be set to 
an OY between 1.4 and 2 million mt, the Council may be required to 
recommend TACs that are lower than the ABCs recommended by the Plan 
Team, if setting TACs equal to ABCs would cause TACs to exceed an OY of 
2 million mt. Generally, ABCs greatly exceed 2 million mt in years with 
a large pollock biomass. NMFS anticipates that, both for 2017 and 2018, 
the sum of the ABCs will exceed 2 million mt. NMFS expects that the 
final total TAC for the BSAI for both 2017 and 2018 will equal 2 
million mt.
    The proposed ABCs and TACs are based on the best available 
biological and socioeconomic data, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
technical methods used to calculate stock biomass. In general, the 
development of ABCs and

[[Page 87865]]

OFLs involves statistical modeling of fish populations. The FMP 
specifies a series of six tiers to define OFLs and ABCs based on the 
level of reliable information available to fishery scientists. Tier 1 
represents the highest level of information quality available, while 
Tier 6 represents the lowest.
    In October 2016, the SSC adopted the proposed 2017 and 2018 OFLs 
and ABCs recommended by the Plan Team for all groundfish species. The 
Council adopted the SSC's OFL and ABC recommendations. These amounts 
are unchanged from the final 2017 harvest specifications published in 
the Federal Register on March 18, 2016 (81 FR 14773). The Council 
adopted the AP's TAC recommendations. For 2017 and 2018, the Council 
recommended and NMFS proposes the OFLs, ABCs, and TACs listed in Table 
1. The proposed ABCs reflect harvest amounts that are less than the 
specified OFLs. The sum of the proposed 2017 and 2018 ABCs for all 
assessed groundfish is 3,128,135 mt, which is the same as the final 
2017 ABC total in the final 2016 and 2017 BSAI groundfish harvest 
specifications (81 FR 14773, March 18, 2016).

Specification and Apportionment of TAC Amounts

    The Council recommended proposed TACs for 2017 and 2018 that are 
equal to proposed ABCs for Bering Sea Pacific ocean perch, Bering Sea 
sablefish, AI sablefish, and eastern Aleutian Islands (EAI) Pacific 
ocean perch. The Council recommended proposed TACs for 2017 and 2018 
that are less than the proposed ABCs for Bering Sea pollock, AI ``other 
rockfish,'' AI pollock, Bogoslof pollock, Bering Sea Pacific cod, AI 
Pacific cod, yellowfin sole, Bering Sea Greenland turbot, AI Greenland 
turbot, arrowtooth flounder, Kamchatka flounder, rock sole, flathead 
sole, Alaska plaice, ``other flatfish,'' central Aleutian Islands (CAI) 
Pacific ocean perch, western Aleutian Islands (WAI) Pacific ocean 
perch, northern rockfish, eastern Bering Sea (EBS)/EAI rougheye 
rockfish, CAI/WAI rougheye rockfish, shortraker rockfish, Bering Sea 
``other rockfish,'' Bering Sea/EAI, CAI, and WAI Atka mackerel, skates, 
sculpins, sharks, squids, and octopuses. Section 
679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000 
mt when the AI pollock ABC equals or exceeds 19,000 mt. The Bogoslof 
pollock TAC is set to accommodate incidental catch amounts. TACs are 
set so that the sum of the overall TAC does not exceed the BSAI OY.
    The proposed groundfish OFLs, ABCs, and TACs are subject to change 
pending the completion of the final 2016 SAFE report and the Council's 
recommendations for final 2017 and 2018 harvest specifications during 
its December 2016 meeting. These proposed amounts are consistent with 
the biological condition of groundfish stocks as described in the 2015 
SAFE report, and have been adjusted for other biological and 
socioeconomic considerations. Pursuant to Section 3.2.3.4.1 of the FMP, 
the Council could recommend adjusting the TACs if ``warranted on the 
basis of bycatch considerations, management uncertainty, or 
socioeconomic considerations; or if required in order to cause the sum 
of the TACs to fall within the OY range.'' Table 1 lists the proposed 
2017 and 2018 OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for 
groundfish for the BSAI. The proposed apportionment of TAC amounts 
among fisheries and seasons is discussed below.

  Table 1--Proposed 2017 and 2018 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ
                                                     Reserve Allocation of Groundfish in the BSAI\1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Proposed 2017 and 2018
                  Species                               Area             -------------------------------------------------------------------------------
                                                                                OFL             ABC             TAC          ITAC \2\         CDQ 3 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\...............................  BS..........................       3,540,000       2,019,000       1,340,643       1,206,579         134,064
                                            AI..........................          44,455          36,664          19,000          17,100           1,900
                                            Bogoslof....................          31,906          23,850             500             500  ..............
Pacific cod \5\...........................  BS..........................         412,000         255,000         238,680         213,141          25,539
                                            AI..........................          23,400          17,600          12,839          11,465           1,374
Sablefish.................................  BS..........................           1,241           1,052           1,052             447              39
                                            AI..........................           1,681           1,423           1,423             302              27
Yellowfin sole............................  BSAI........................         219,200         203,500         144,000         128,592          15,408
Greenland turbot..........................  BSAI........................           7,416           6,132           2,873           2,442             n/a
                                            BS..........................             n/a           4,734           2,673           2,272             286
                                            AI..........................             n/a           1,398             200             170  ..............
Arrowtooth flounder.......................  BSAI........................          84,156          72,216          14,000          11,900           1,498
Kamchatka flounder........................  BSAI........................          11,700          10,000           5,000           4,250  ..............
Rock sole \6\.............................  BSAI........................         149,400         145,000          57,100          50,990           6,110
Flathead sole \7\.........................  BSAI........................          77,544          64,580          21,000          18,753           2,247
Alaska plaice.............................  BSAI........................          46,800          39,100          14,500          12,325  ..............
Other flatfish \8\........................  BSAI........................          17,414          13,061           2,500           2,125  ..............
Pacific Ocean perch.......................  BSAI........................          38,589          31,724          31,490          27,779             n/a
                                            BS..........................             n/a           7,953           7,953           6,760  ..............
                                            EAI.........................             n/a           7,537           7,537           6,731             806
                                            CAI.........................             n/a           7,002           7,000           6,251             749
                                            WAI.........................             n/a           9,232           9,000           8,037             963
Northern rockfish.........................  BSAI........................          14,085          11,468           4,500           3,825  ..............
Rougheye..................................  BSAI........................             855             694             300             255  ..............
rockfish \9\..............................  EBS/EAI.....................             n/a             216             100              85  ..............
                                            CAI/WAI.....................             n/a             478             200             170  ..............
Shortraker rockfish.......................  BSAI........................             690             518             200             170  ..............
Other rockfish \10\.......................  BSAI........................           1,667           1,250             875             744  ..............
                                            BS..........................             n/a             695             325             276  ..............
                                            AI..........................             n/a             555             550             468  ..............
Atka mackerel.............................  BSAI........................          99,490          85,840          55,000          49,115           5,885
                                            EAI/BS......................             n/a          29,296          28,500          25,451           3,050

[[Page 87866]]

 
                                            CAI.........................             n/a          25,860          16,000          14,288           1,712
                                            WAI.........................             n/a          30,684          10,500           9,377           1,124
Skates....................................  BSAI........................          47,674          39,943          26,000          22,100  ..............
Sculpins..................................  BSAI........................          52,365          39,725           4,500           3,825  ..............
Sharks....................................  BSAI........................           1,363           1,022             125             106  ..............
Squids....................................  BSAI........................           6,912           5,184           1,500           1,275  ..............
Octopuses.................................  BSAI........................           3,452           2,589             400             340  ..............
                                                                         -------------------------------------------------------------------------------
    Total.................................  ............................       4,935,455       3,128,135       2,000,000       1,790,446         196,895
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
  harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and the Amendment 80 species (Atka mackerel, Aleutian
  Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 15 percent of each TAC is put into a reserve. The ITAC for
  these species is the remainder of the TAC after the subtraction of these reserves.
\3\ For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 10.7
  percent of the TAC is reserved for use by CDQ participants (see Sec.  Sec.   679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC is
  allocated to hook-and-line gear or pot gear, and 7.5 percent of the sablefish TAC is allocated to trawl gear. The 2017 hook-and-line and pot gear
  portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2017 and 2018 harvest specifications. 10.7 percent of the TACs for
  Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec.   679.20(b)(1)(ii)(B) and (D)). Aleutian
  Islands Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker
  rockfish, rougheye rockfish, ``other rockfish,'' squids, octopuses, skates, sculpins, and sharks are not allocated to the CDQ program.
\4\ Under Sec.   679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10
  percent) and second for the incidental catch allowance (4.0 percent), is further allocated by sector for a directed pollock fishery as follows:
  inshore--50 percent; catcher/processor--40 percent; and motherships--10 percent. Under Sec.   679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian
  Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance
  (2,400 mt), is allocated to the Aleut Corporation for a directed pollock fishery.
\5\ The Bering Sea subarea and Aleutian Islands subarea Pacific cod TACs are set to account for the State of Alaska guideline harvest level in state
  waters of the Aleutian Islands subarea.
\6\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\7\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\8\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin
  sole, arrowtooth flounder, Kamchatka flounder, and Alaska plaice.
\9\ ``Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\10\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
Note: Regulatory areas and districts are defined at Sec.   679.2 (BS=Bering Sea subarea, AI=Aleutian Islands subarea, EAI=Eastern Aleutian district,
  CAI=Central Aleutian district, WAI=Western Aleutian district.)

Groundfish Reserves and the Incidental Catch Allowance (ICA) for 
Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and 
AI Pacific Ocean Perch

    Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the 
TAC for each target species category, except for pollock, hook-and-line 
or pot gear allocation of sablefish, and Amendment 80 species, in a 
non-specified reserve. Section 679.20(b)(1)(ii)(B) requires NMFS to 
allocate 20 percent of the hook-and-line and pot gear allocation of 
sablefish to the fixed gear sablefish CDQ reserve. Section 
679.20(b)(1)(ii)(D) requires NMFS to allocate 7.5 percent of the trawl 
gear allocation of sablefish and 10.7 percent of Bering Sea Greenland 
turbot and arrowtooth flounder to the respective CDQ reserves. Section 
679.20(b)(1)(ii)(C) requires NMFS to allocate 10.7 percent of the TACs 
for Atka mackerel, AI Pacific ocean perch, yellowfin sole, rock sole, 
flathead sole, and Pacific cod to the CDQ reserves. Sections 
679.20(a)(5)(i)(A) and 679.31(a) also require allocation of 10 percent 
of the BS pollock TACs to the pollock CDQ directed fishing allowance 
(DFA). The entire Bogoslof District pollock TAC is allocated as an ICA 
(see Sec.  679.20(a)(5)(ii)). With the exception of the hook-and-line 
and pot gear sablefish CDQ reserve, the regulations do not further 
apportion the CDQ reserves by gear.
    Pursuant to Sec.  679.20(a)(5)(i)(A)(1), NMFS proposes a pollock 
ICA of 4.0 percent or 53,626 mt of the Bering Sea subarea pollock TAC 
after subtracting the 10 percent CDQ reserve. This allowance is based 
on NMFS' examination of the pollock incidentally retained and discarded 
catch, including the incidental catch by CDQ vessels, in target 
fisheries other than pollock from 2000 through 2016. During this 17-
year period, the pollock incidental catch ranged from a low of 2.4 
percent in 2006 to a high of 4.8 percent in 2014, with a 17-year 
average of 3.2 percent. Pursuant to Sec.  679.20(a)(5)(iii)(B)(2)(i) 
and (ii), NMFS proposes a pollock ICA of 2,400 mt of the AI subarea TAC 
after subtracting the 10 percent CDQ DFA. This allowance is based on 
NMFS' examination of the pollock incidental catch, including the 
incidental catch by CDQ vessels, in target fisheries other than pollock 
from 2003 through 2016. During this 14-year period, the incidental 
catch of pollock ranged from a low of 5 percent in 2006 to a high of 17 
percent in 2013, with a 14-year average of 8 percent.
    Pursuant to Sec.  679.20(a)(8) and (10), NMFS proposes ICAs of 
4,000 mt of flathead sole, 5,000 mt of rock sole, 4,500 mt of yellowfin 
sole, 10 mt of Western Aleutian District Pacific ocean perch, 60 mt of 
Central Aleutian District Pacific ocean perch, 100 mt of Eastern 
Aleutian District Pacific ocean perch, 20 mt of Western Aleutian 
District Atka mackerel, 75 mt of Central Aleutian District Atka 
mackerel, and 1,000 mt of Eastern Aleutian District and Bering Sea

[[Page 87867]]

subarea Atka mackerel after subtracting the 10.7 percent CDQ reserve. 
These ICAs are based on NMFS' examination of the average incidental 
retained and discarded catch in other target fisheries from 2003 
through 2016.
    The regulations do not designate the remainder of the non-specified 
reserve by species or species group. Any amount of the reserve may be 
apportioned to a target species that contributed to the non-specified 
reserve during the year, provided that such apportionments do not 
result in overfishing (see Sec.  679.20(b)(1)(i)).

Allocations of Pollock TAC Under the American Fisheries Act (AFA)

    Section 679.20(a)(5)(i)(A) requires that Bering Sea pollock TAC be 
apportioned after subtracting 10 percent for the CDQ program and 4.0 
percent for the ICA as a DFA as follows: 50 percent to the inshore 
sector, 40 percent to the catcher/processor sector, and 10 percent to 
the mothership sector. In the Bering Sea subarea, 45 percent of the DFA 
is allocated to the A season (January 20 to June 10) and 55 percent of 
the DFA is allocated to the B season (June 10 to November 1) 
(Sec. Sec.  679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed 
pollock fishery allocation to the Aleut Corporation is the amount of 
pollock remaining in the AI subarea after subtracting 1,900 mt for the 
CDQ DFA (10 percent), and 2,400 mt for the ICA (Sec.  
679.20(a)(5)(iii)(B)(2)(i)-(iii)). In the AI subarea, the total A 
season apportionment of the pollock TAC may equal up to 40 percent of 
the ABC, and the remainder of the pollock TAC is allocated to the B 
season (Sec.  679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed 
2017 and 2018 amounts.
    Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in 
the A season (January 20 to June 10) in Areas 543, 542, and 541. In 
Area 543, the A season pollock harvest limit is no more than 5 percent 
of the Aleutian Islands pollock ABC. In Area 542, the A season pollock 
harvest limit is no more than 15 percent of the Aleutian Islands ABC. 
In Area 541, the A season pollock harvest limit is no more than 30 
percent of the Aleutian Islands ABC.
    Section 679.20(a)(5)(i)(A)(4) also includes several specific 
requirements regarding Bering Sea subarea pollock allocations. First, 
it requires that 8.5 percent of the pollock allocated to the catcher/
processor sector be available for harvest by AFA catcher vessels with 
catcher/processor sector endorsements, unless the Regional 
Administrator receives a cooperative contract that allows the 
distribution of harvest among AFA catcher/processors and AFA catcher 
vessels in a manner agreed to by all members. Second, AFA catcher/
processors not listed in the AFA are limited to harvesting not more 
than 0.5 percent of the pollock allocated to the catcher/processor 
sector. Table 2 lists the proposed 2017 and 2018 allocations of pollock 
TAC. Tables 14 through 17 list the AFA catcher/processor and catcher 
vessel harvesting sideboard limits. The Bering Sea subarea inshore 
pollock cooperative and open access sector allocations are based on the 
submission of AFA inshore cooperative applications due to NMFS on 
December 1 of each calendar year. Because AFA inshore cooperative 
applications for 2017 have not been submitted to NMFS, and NMFS 
therefore cannot calculate 2017 allocations, NMFS has not included 
inshore cooperative text and tables in these proposed harvest 
specifications. NMFS will post 2017 AFA inshore cooperative allocations 
on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior 
to the start of the fishing year on January 1, 2017, based on the 
harvest specifications effective on that date.
    Table 2 also lists proposed seasonal apportionments of pollock and 
harvest limits within the Steller Sea Lion Conservation Area (SCA). The 
harvest of pollock within the SCA, as defined at Sec.  
679.22(a)(7)(vii), is limited to no more than 28 percent of the DFA 
before noon, April 1, as provided in Sec.  679.20(a)(5)(i)(C). The A 
season pollock SCA harvest limit will be apportioned to each sector in 
proportion to each sector's allocated percentage of the DFA. Table 2 
lists these proposed 2017 and 2018 amounts by sector.

  Table 2--Proposed 2017 and 2018 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ
                                      Directed Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                           A season \1\            B season \1\
                                                  2017 and 2018  -----------------------------------------------
                Area and sector                    Allocations                      SCA harvest
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC.........................        1,340,643             n/a             n/a             n/a
CDQ DFA........................................          134,064          60,329          37,538          73,735
ICA \1\........................................           48,263             n/a             n/a             n/a
AFA Inshore....................................          579,158         260,621         162,164         318,537
AFA Catcher/Processors \3\.....................          463,326         208,497         129,731         254,829
    Catch by C/Ps..............................          423,943         190,775             n/a         233,169
    Catch by C/Vs \3\..........................           39,383          17,722             n/a          21,661
        Unlisted C/P Limit \4\.................            2,317           1,042             n/a           1,274
AFA Motherships................................          115,832          52,124          32,433          63,707
Excessive Harvesting Limit \5\.................          202,705             n/a             n/a             n/a
Excessive Processing Limit \6\.................          347,495             n/a             n/a             n/a
Total Bering Sea DFA (non-CDQ).................        1,158,316         521,242         324,328         637,074
Aleutian Islands subarea ABC...................           36,664             n/a             n/a             n/a
Aleutian Islands subarea TAC...................           19,000             n/a             n/a             n/a
CDQ DFA........................................            1,900             760             n/a           1,140
ICA............................................            2,400           1,200             n/a           1,200
Aleut Corporation..............................           14,700          13,520             n/a           1,180
Area harvest limit \7\.........................              n/a             n/a             n/a             n/a
Area 541 harvest limit \7\.....................           10,999             n/a             n/a             n/a
Area 542 harvest limit \7\.....................            5,500             n/a             n/a             n/a
Area 543 harvest limit \7\.....................            1,833             n/a             n/a             n/a

[[Page 87868]]

 
Bogoslof District ICA \8\......................              100             n/a             n/a             n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ
  DFA (10 percent) and the ICA (4.0 percent), is allocated as a DFA as follows: inshore sector 50 percent,
  catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea subarea, 45 percent
  of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
  season (June 10-November 1). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock
  TAC, after subtracting first for the CDQ DFA (10 percent) and second the ICA (2,400 mt), is allocated to the
  Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of
  the ABC, and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA
  before noon, April 1.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
  processors (C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed C/
  Ps.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
  not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the pollock DFAs not including CDQ.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
  percent of the sum of the pollock DFAs not including CDQ.
\7\ Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
  of the Aleutian Islands pollock ABC.
\8\ The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the
  final 2017 and 2018 harvest specifications for the BSAI. The amounts specified are for incidental catch only
  and are not apportioned by season or sector.

Allocation of the Atka Mackerel TACs

    Section 679.20(a)(8) allocates the Atka mackerel TACs to the 
Amendment 80 and BSAI trawl limited access sectors, after subtracting 
the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl 
limited access sector and non-trawl gear sectors (Table 3). The 
percentage of the ITAC for Atka mackerel allocated to the Amendment 80 
and BSAI trawl limited access sectors is listed in Table 33 to 50 CFR 
part 679 and in Sec.  679.91. Pursuant to Sec.  679.20(a)(8)(i), up to 
2 percent of the Eastern Aleutian District and Bering Sea subarea Atka 
mackerel ITAC may be allocated to jig gear. The percentage of this 
allocation is recommended annually by the Council based on several 
criteria, including the anticipated harvest capacity of the jig gear 
fleet. The Council recommended and NMFS proposes a 0.5 percent 
allocation of the Atka mackerel ITAC in the Eastern Aleutian District 
and Bering Sea subarea to jig gear in 2017 and 2018. This percentage is 
applied to the TAC after subtracting the CDQ reserve and the ICA.
    Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC into 
two equal seasonal allowances. Section 679.23(e)(3) sets the first 
seasonal allowance for directed fishing with trawl gear from January 20 
through June 10 (A season), and the second seasonal allowance from June 
10 through December 31 (B season). Section 679.23(e)(4)(iii) applies 
Atka mackerel seasons to CDQ Atka mackerel fishing. The ICA and jig 
gear allocations are not apportioned by season.
    Section 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel 
catch within waters 0 nm to 20 nm of Steller sea lion sites listed in 
Table 6 to 50 CFR part 679 and located west of 178[deg] W longitude to 
no more than 60 percent of the annual TACs in Areas 542 and 543; and 
equally divides the annual TAC between the A and B seasons as defined 
at Sec.  679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires the 
annual TAC in Area 543 will be no more than 65 percent of the ABC in 
Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested 
Atka mackerel A season allowance that is added to the B season be 
prohibited from being harvested within waters 0 nm to 20 nm of Steller 
sea lion sites listed in Table 6 to 50 CFR part 679 and located in 
Areas 541, 542, and 543.
    Two Amendment 80 cooperatives have formed for the 2017 fishing 
year. Because all Amendment 80 vessels are part of a cooperative, no 
allocation to the Amendment 80 limited access sector is required. NMFS 
will post 2017 Amendment 80 cooperative allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2017, based on the harvest 
specifications effective on that date.
    Table 3 lists these 2017 and 2018 Atka mackerel season allowances, 
area allowances, and the sector allocations. The 2018 allocations for 
Amendment 80 species between Amendment 80 cooperatives and the 
Amendment 80 limited access sector will not be known until eligible 
participants apply for participation in the program by November 1, 
2017. NMFS will post 2018 Amendment 80 cooperatives and Amendment 80 
limited access allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on 
January 1, 2018, based on the harvest specifications effective on that 
date.

[[Page 87869]]



   Table 3--Proposed 2017 and 2018 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch
                      Allowance, and Amendment 80 Allocations of the BSAI Atka Mackerel TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2017 and 2018 Allocation by area
                                                                 -----------------------------------------------
                                                                      Eastern
           Sector \1\                     Season \2 3 4\             Aleutian         Central         Western
                                                                     District/       Aleutian        Aleutian
                                                                    Bering Sea       District        District
----------------------------------------------------------------------------------------------------------------
TAC.............................  n/a...........................          28,500          16,000          10,500
CDQ reserve.....................  Total.........................           3,050           1,712           1,124
                                  A.............................           1,525             856             562
                                  Critical habitat \5\..........             n/a             514             337
                                  B.............................           1,525             856             562
                                  Critical habitat \5\..........             n/a             514             337
ICA.............................  Total.........................           1,000              75              20
Jig \6\.........................  Total.........................             122  ..............  ..............
BSAI trawl limited access.......  Total.........................           2,433           1,421  ..............
                                  A.............................           1,216             711  ..............
                                  Critical habitat \5\..........             n/a             426  ..............
                                  B.............................           1,216             711  ..............
                                  Critical habitat \5\..........             n/a             426  ..............
Amendment 80 \7\................  Total.........................          21,895          12,792           9,357
Alaska Groundfish Cooperative     Total.........................          12,326           7,615           5,754
 for 2017.
                                  A.............................           6,163           3,808           2,877
                                  Critical habitat \5\..........             n/a           2,285           1,726
                                  B.............................           6,163           3,808           2,877
                                  Critical habitat \5\..........             n/a           2,285           1,726
Alaska Seafood Cooperative for    Total.........................           9,570           5,177           3,603
 2017.
                                  A.............................           4,785           2,589           1,802
                                  Critical habitat \5\..........             n/a           1,553           1,081
                                  B.............................           4,785           2,589           1,802
                                  Critical habitat \5\..........             n/a           1,553           1,081
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the
  jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
  Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
  part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
  Sec.   679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
  fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
  January 20 to June 10, and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
  be caught inside of critical habitat; paragraph (a)(ii)(C)(1)(ii) equally divides the annual TACs between the
  A and B seasons as defined at Sec.   679.23(e)(3); and paragraph (a)(8)(ii)(C)(2) requires the TAC in Area 543
  shall be no more than 65 percent of ABC.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea
  subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The amount of this
  allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
\7\ The 2018 allocations for Amendment 80 Atka mackerel between Amendment 80 cooperatives and the Amendment 80
  limited access sector will not be known until eligible participants apply for participation in the program by
  November 1, 2017.

Allocation of the Pacific Cod TAC

    The Council recommended and NMFS proposes separate BS and AI 
subarea OFLs, ABCs, and TACs for Pacific cod. Section 
679.20(b)(1)(ii)(C) allocates 10.7 percent of the BS TAC and the AI TAC 
to the CDQ program. After CDQ allocations have been deducted from the 
respective BS and AI Pacific cod TACs, the remaining BS and AI Pacific 
cod TACs are combined for calculating further BSAI Pacific cod sector 
allocations. However, if the non-CDQ Pacific cod TAC is or will be 
reached in either the BS or AI subareas, NMFS will prohibit non-CDQ 
directed fishing for Pacific cod in that subarea, as provided in Sec.  
679.20(d)(1)(iii).
    Section 679.20(a)(7)(i) and (ii) allocates the Pacific cod TAC in 
the combined BSAI TAC, after subtracting 10.7 percent for the CDQ 
program, as follows: 1.4 percent to vessels using jig gear, 2.0 percent 
to hook-and-line or pot catcher vessels less than 60 ft (18.3 m) length 
overall (LOA), 0.2 percent to hook-and-line catcher vessels greater 
than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line 
catcher/processors, 8.4 percent to pot catcher vessels greater than or 
equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/processors, 2.3 
percent to AFA trawl catcher/processors, 13.4 percent to non-AFA trawl 
catcher/processors, and 22.1 percent to trawl catcher vessels. The BSAI 
ICA for the hook-and-line and pot sectors will be deducted from the 
aggregate portion of BSAI Pacific cod TAC allocated to the hook-and-
line and pot sectors. For 2017 and 2018, the Regional Administrator 
proposes a BSAI ICA of 500 mt, based on anticipated incidental catch by 
these sectors in other fisheries.
    The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector 
is established in Table 33 to 50 CFR part 679 and Sec.  679.91. Two 
Amendment 80 cooperatives have formed for the 2017 fishing year. 
Because all Amendment 80 vessels are part of a cooperative, no 
allocation to the Amendment 80 limited access sector is required. NMFS 
will post 2017 Amendment 80 cooperative allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2017, based on the harvest 
specifications effective on that date.
    The 2018 allocations for Amendment 80 species between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program by November 1, 2017. NMFS will post 2018 Amendment 80 
cooperatives and

[[Page 87870]]

Amendment 80 limited access allocations on the Alaska Region Web site 
at http://alaskafisheries.noaa.gov prior to the start of the fishing 
year on January 1, 2018, based on the harvest specifications effective 
on that date.
    The Pacific cod ITAC is apportioned into seasonal allowances to 
disperse the Pacific cod fisheries over the fishing year (see 
Sec. Sec.  679.20(a)(7), (a)(7)(iv)(A), and 679.23(e)(5)). In 
accordance with Sec.  679.20(a)(7)(iv)(B) and (C), any unused portion 
of a seasonal Pacific cod allowance will become available at the 
beginning of the next seasonal allowance.
    Section 679.20(a)(7)(vii) requires the Regional Administrator to 
establish an Area 543 Pacific cod harvest limit based on Pacific cod 
abundance in Area 543. Based on the 2015 stock assessment, the Regional 
Administrator determined the Area 543 Pacific cod harvest limit to be 
26.3 percent of the AI Pacific cod TAC for 2017 and 2018. NMFS first 
subtracted the State GHL Pacific cod amount from the AI Pacific cod ABC 
and then multiplied the remaining ABC for AI Pacific cod by the 
percentage of Pacific cod estimated in Area 543. Based on these 
calculations, the Area 543 harvest limit is 3,379 mt.
    The CDQ and non-CDQ season allowances by gear based on the proposed 
2017 and 2018 Pacific cod TACs are listed in Table 4 based on the 
sector allocation percentages of Pacific cod set forth at Sec.  
679.20(a)(7)(i)(B) and (a)(7)(iv)(A); and the seasonal allowances of 
Pacific cod set forth at Sec.  679.23(e)(5).

       Table 4--Proposed 2017 and 2018 Gear Shares and Seasonal Allowances of the BSAI \1\ Pacific Cod TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                     2017 and 2018 seasonal
                                                 2017 and 2018   2017 and 2018            apportionment
            Sector                  Percent      share of gear     share of    ---------------------------------
                                                 sector total    sector total        Season           Amount
----------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC..........             n/a         238,680             n/a  n/a.............             n/a
Bering Sea CDQ................             n/a          25,539             n/a  See Sec.                     n/a
                                                                                 679.20(a)(7)(i)
                                                                                 (B).
Bering Sea non-CDQ TAC........             n/a         213,141             n/a  n/a.............             n/a
Total Aleutian Islands TAC....             n/a          12,839             n/a  n/a.............             n/a
Aleutian Islands CDQ..........             n/a           1,374             n/a  See Sec.                     n/a
                                                                                 679.20(a)(7)(i)
                                                                                 (B).
Aleutian Islands non-CDQ TAC..             n/a          11,465             n/a  n/a.............             n/a
Western Aleutians Islands                  n/a           3,379             n/a  n/a.............             n/a
 Limit.
Total BSAI non-CDQ TAC \1\....             100         224,606             n/a  n/a.............             n/a
Total hook-and-line/pot gear..            60.8         136,561             n/a  n/a.............             n/a
Hook-and-line/pot ICA \2\.....             n/a             n/a             500  n/a.............             n/a
Hook-and-line/pot sub-total...             n/a         136,061             n/a  n/a.............             n/a
Hook-and-line catcher/                    48.7             n/a         108,983  Jan 1-Jun 10....          55,581
 processors.                                                                    Jun 10-Dec 31...          53,402
Hook-and-line catcher vessels              0.2             n/a             448  Jan 1-Jun 10....             228
 60 ft LOA.                                                          Jun 10-Dec 31...             219
Pot catcher/processors........             1.5             n/a           3,357  Jan 1-Jun 10....           1,712
                                                                                Sept 1-Dec 31...           1,645
Pot catcher vessels 60 ft LOA.                                                                  Sept 1-Dec 31...           9,211
Catcher vessels <60 ft LOA                   2             n/a           4,476  n/a.............             n/a
 using hook-and-line or pot
 gear.
Trawl catcher vessels.........            22.1          49,638             n/a  Jan 20-Apr 1....          36,732
                                                                                Apr 1-Jun 10....           5,460
                                                                                Jun 10-Nov 1....           7,446
AFA trawl catcher/processors..             2.3           5,166             n/a  Jan 20-Apr 1....           3,874
                                                                                Apr 1-Jun 10....           1,291
                                                                                Jun 10-Nov 1....               0
Amendment 80..................            13.4          30,097             n/a  Jan 20-Apr 1....          22,573
                                                                                Apr 1-Jun 10....           7,524
                                                                                Jun 10-Nov 1....               0
Alaska Groundfish Cooperative              n/a           4,751             n/a  Jan 20-Apr 1....           3,563
 for 2017 \3\.                                                                  Apr 1-Jun 10....           1,188
                                                                                Jun 10-Nov 1....               0
Alaska Seafood Cooperative for             n/a          25,346             n/a  Jan 20-Apr 1....          19,010
 2017 \3\.                                                                      Apr 1-Jun 10....           6,337
                                                                                Jun 10-Nov 1....               0
Jig...........................             1.4           3,144             n/a  Jan 1-Apr 30....           1,887
                                                                                Apr 30-Aug 31...             629
                                                                                Aug 31-Dec 31...             629
----------------------------------------------------------------------------------------------------------------
\1\ The gear shares and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI
  Pacific cod TACs. If the TAC for Pacific cod in either the AI or BS is reached, then directed fishing for
  Pacific cod in that subarea may be prohibited, even if a BSAI allowance remains.
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
  allocated to the hook-and-line and pot sectors. The Regional Administrator proposes an ICA of 500 mt for 2017
  and 2018 based on anticipated incidental catch in these fisheries.
\3\ The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited
  access sector will not be known until eligible participants apply for participation in the program by November
  1, 2017.


[[Page 87871]]

Sablefish Gear Allocation

    Section 679.20(a)(4)(iii) and (iv) requires allocation of sablefish 
TACs for the Bering Sea and AI subareas between trawl gear and hook-
and-line or pot gear. Gear allocations of the TACs for the Bering Sea 
subarea are 50 percent for trawl gear and 50 percent for hook-and-line 
or pot gear. Gear allocations for the TACs for the AI subarea are 25 
percent for trawl gear and 75 percent for hook-and-line or pot gear. 
Section 679.20(b)(1)(ii)(B) requires NMFS to apportion 20 percent of 
the hook-and-line or pot gear allocation of sablefish to the CDQ 
reserve. Additionally, Sec.  679.20(b)(1)(ii)(D)(1) requires that 7.5 
percent of the trawl gear allocation of sablefish from the nonspecified 
reserves, established under Sec.  679.20(b)(1)(i), be apportioned to 
the CDQ reserve. The Council has recommended that only trawl sablefish 
TAC be established biennially. The harvest specifications for the hook-
and-line gear and pot gear sablefish Individual Fishing Quota (IFQ) 
fisheries are limited to the 2017 fishing year to ensure those 
fisheries are conducted concurrently with the halibut IFQ fishery. 
Concurrent sablefish and halibut IFQ fisheries reduce the potential for 
discards of halibut and sablefish in those fisheries. The sablefish IFQ 
fisheries remain closed at the beginning of each fishing year until the 
final harvest specifications for the sablefish IFQ fisheries are in 
effect. Table 5 lists the proposed 2017 and 2018 gear allocations of 
the sablefish TAC and CDQ reserve amounts.

                                   Table 5--Proposed 2017 and 2018 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Percent of   2017 Share   2017 ITAC     2017 CDQ    2018 Share                 2018 CDQ
                       Subarea and gear                            TAC         of TAC        \1\        reserve       of TAC     2018 ITAC     reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl....................................................           50          526          447           39          526          447           39
    Hook-and-line gear \2\...................................           50          526          n/a          105          n/a          n/a          n/a
                                                                           -----------------------------------------------------------------------------
        Total................................................          100        1,052          447          145          526          447           39
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands:
    Trawl....................................................           25          356          302           27          356          302           27
    Hook-and-line gear \2\...................................           75        1,067          n/a          213          n/a          n/a          n/a
                                                              ------------------------------------------------------------------------------------------
        Total................................................          100        1,423          302          240          356          302           27
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of the TAC
  after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by
  CDQ participants. Section 679.20(b)(1) does not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Allocation of the Aleutian Islands Pacific Ocean Perch, and BSAI 
Flathead Sole, Rock Sole, and Yellowfin Sole TACs

    Section 679.20(a)(10)(i) and (ii) requires that NMFS allocate AI 
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin 
sole TACs between the Amendment 80 and BSAI trawl limited access 
sectors, after subtracting 10.7 percent for the CDQ reserve and an ICA 
for the BSAI trawl limited access sector and vessels using non-trawl 
gear. The allocation of the ITAC for AI Pacific ocean perch, and BSAI 
flathead sole, rock sole, and yellowfin sole to the Amendment 80 sector 
is established in Tables 33 and 34 to 50 CFR part 679 and in Sec.  
679.91.
    Two Amendment 80 cooperatives have formed for the 2017 fishing 
year. Because all Amendment 80 vessels are part of a cooperative, no 
allocation to the Amendment 80 limited access sector is required. NMFS 
will post 2017 Amendment 80 cooperative allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2017, based on the harvest 
specifications effective on that date.
    The 2018 allocations for Amendment 80 species between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program by November 1, 2017. NMFS will post 2018 Amendment 80 
cooperatives and Amendment 80 limited access allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2018, based on the harvest 
specifications effective on that date. Table 6 lists the proposed 2017 
and 2018 allocations of the AI Pacific ocean perch, and BSAI flathead 
sole, rock sole, and yellowfin sole TACs.

    Table 6--Proposed 2017 and 2018 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the
                            Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 2017 and 2018 allocations
                                                                  --------------------------------------------------------------------------------------
                                                                            Pacific ocean perch            Flathead sole     Rock sole    Yellowfin sole
                              Sector                              --------------------------------------------------------------------------------------
                                                                     Eastern      Central      Western
                                                                     Aleutian     Aleutian     Aleutian        BSAI            BSAI            BSAI
                                                                     district     district     district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..............................................................        7,537        7,000        9,000          21,000          57,100         144,000
CDQ..............................................................          806          749          963           2,247           6,110          15,408

[[Page 87872]]

 
ICA..............................................................          100           60           10           4,000           5,000           4,500
BSAI trawl limited access........................................          663          619          161               0               0          14,579
Amendment 80.....................................................        5,967        5,572        7,866          14,753          45,990         109,513
Alaska Groundfish Cooperative for 2017 \1\.......................        3,164        2,954        4,171           1,513          11,377          43,510
Alaska Seafood Cooperative for 2017 \1\..........................        2,803        2,617        3,695          13,240          34,614          66,003
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
  eligible participants apply for participation in the program by November 1, 2017.

    Section 679.2 defines the ABC surplus for flathead sole, rock sole, 
and yellowfin sole as the difference between the annual ABC and TAC for 
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for 
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the 
ABC reserves are necessary to mitigate the operational variability, 
environmental conditions, and economic factors that may constrain the 
CDQ groups and the Amendment 80 cooperatives from achieving, on a 
continuing basis, the optimum yield in the BSAI groundfish fisheries. 
NMFS, after consultation with the Council, may set the ABC reserve at 
or below the ABC surplus for each species thus maintaining the TAC 
below ABC limits. An amount equal to 10.7 percent of the ABC reserves 
will be allocated as CDQ reserves for flathead sole, rock sole, and 
yellowfin sole. The Amendment 80 ABC reserves shall be the ABC reserves 
minus the CDQ ABC reserves. Section 679.91(i)(2) establishes each 
Amendment 80 cooperative ABC reserve to be the ratio of each 
cooperatives' quota share units and the total Amendment 80 quota share 
units, multiplied by the Amendment 80 ABC reserve for each respective 
species. Table 7 lists the 2017 and 2018 ABC surplus and ABC reserves 
for BSAI flathead sole, rock sole, and yellowfin sole.

  Table 7--Proposed 2017 and 2018 ABC Surplus, Community Development Quota (CDQ) ABC Reserves, and Amendment 80
                    ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                             Sector                                Flathead sole     Rock sole    Yellowfin sole
----------------------------------------------------------------------------------------------------------------
ABC.............................................................          64,580         145,000         203,500
TAC.............................................................          21,000          57,100         144,000
ABC surplus.....................................................          43,580          87,900          59,500
ABC reserve.....................................................          43,580          87,900          59,500
CDQ ABC reserve.................................................           4,663           9,405           6,367
Amendment 80 ABC reserve........................................          38,917          78,495          53,134
Alaska Groundfish Cooperative for 2017 \1\......................           3,992          19,417          21,112
Alaska Seafood Cooperative for 2017 \1\.........................          34,925          59,077          32,022
----------------------------------------------------------------------------------------------------------------
\1\ The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited
  access sector will not be known until eligible participants apply for participation in the program by November
  1, 2017.

Proposed PSC Limits for Halibut, Salmon, Crab, and Herring

    Section 679.21(b), (e), (f), and (g) sets forth the BSAI PSC 
limits. Pursuant to Sec.  679.21(b)(1), the 2017 and 2018 BSAI halibut 
PSC limits total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the 
halibut PSC limit as the PSQ reserve for use by the groundfish CDQ 
program, 1,745 mt of halibut PSC limit for the Amendment 80 sector, 745 
mt of halibut PSC limit for the BSAI trawl limited access sector, and 
710 mt of halibut mortality for the BSAI non-trawl sector.
    Section 679.21(b)(1)(iii)(A) and (B) authorizes apportionment of 
the non-trawl halibut PSC limit into PSC allowances among six fishery 
categories, and Sec.  679.21(b)(1)(ii)(A) and (B) and Sec. Sec.  
679.21(e)(3)(i)(B) and 679.21(e)(3)(iv) require apportionment of the 
BSAI trawl limited access halibut and crab PSC limits into PSC 
allowances among seven fishery categories. Table 10 lists the fishery 
PSC allowances for the BSAI trawl limited access fisheries, and Table 
11 lists the fishery PSC allowances for the non-trawl fisheries.
    Pursuant to Section 3.6 of the FMP, the Council recommends, and 
NMFS agrees, that certain specified non-trawl fisheries be exempt from 
the halibut PSC limit. As in past years, after consultation with the 
Council, NMFS exempts pot gear, jig gear, and the sablefish IFQ hook-
and-line gear fishery categories from halibut bycatch restrictions for 
the following reasons: (1) The pot gear fisheries have low halibut 
bycatch mortality; (2) NMFS estimates halibut mortality for the jig 
gear fleet to be negligible because of the small size of the fishery 
and the selectivity of the gear; and (3) the sablefish and halibut IFQ 
fisheries have low halibut bycatch mortality because the IFQ program 
requires legal-size halibut to be retained by vessels using hook-and-
line gear if a halibut IFQ permit holder or a hired master is aboard 
and is holding unused halibut IFQ (subpart D of 50 CFR part

[[Page 87873]]

679). As of November 2016, total groundfish catch for the pot gear 
fishery in the BSAI was 43,079 mt, with an associated halibut bycatch 
mortality of 2 mt.
    The 2016 jig gear fishery harvested about 47 mt of groundfish. Most 
vessels in the jig gear fleet are exempt from observer coverage 
requirements. As a result, observer data are not available on halibut 
bycatch in the jig gear fishery. However, as mentioned above, NMFS 
estimates a negligible amount of halibut bycatch mortality because of 
the selective nature of jig gear and the low mortality rate of halibut 
caught with jig gear and released.
    Under Sec.  679.21(f)(2), NMFS annually allocates portions of 
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits 
among the AFA sectors, depending on past bycatch performance, on 
whether Chinook salmon bycatch incentive plan agreements (IPAs) are 
formed, and on whether NMFS determines it is a low Chinook salmon 
abundance year. NMFS will determine that it is a low Chinook salmon 
abundance year when abundance of Chinook salmon in western Alaska is 
less than or equal to 250,000 Chinook salmon. The State of Alaska 
provides to NMFS an estimate of Chinook salmon abundance using the 3-
System Index for western Alaska based on the Kuskokwim, Unalakleet, and 
Upper Yukon aggregate stock grouping.
    If an AFA sector participates in an approved IPA and it is not a 
low Chinook salmon abundance year, then NMFS will allocate a portion of 
the 60,000 PSC limit to that sector as specified in Sec.  
679.21(f)(3)(iii)(A). If no IPA is approved, or if the sector has 
exceeded its performance standard under Sec.  679.21(f)(6), and it is 
not a low abundance year, NMFS will allocate a portion of the 47,591 
Chinook salmon PSC limit to that sector as specified in Sec.  
679.21(f)(3)(iii)(C). If an AFA sector participates in an approved IPA 
in a low abundance year, then NMFS will allocate a portion of the 
45,000 PSC limit to that sector as specified in Sec.  
679.21(f)(3)(iii)(B). If no IPA is approved, or if the sector has 
exceeded its performance standard under Sec.  679.21(f)(6) in a low 
abundance year, NMFS will allocate a portion of the 33,318 Chinook 
salmon PSC limit to that sector as specified in Sec.  
679.21(f)(3)(iii)(D).
    As of October 1, 2016, NMFS has determined that it is not a low 
Chinook salmon abundance year based on the State of Alaska's estimate 
that Chinook salmon abundance in western Alaska is greater than 250,000 
Chinook salmon. Therefore, in 2017, the Chinook salmon PSC limit is 
60,000, and the AFA sector Chinook salmon allocations are seasonally 
allocated with 70 percent of the allocation for the A season pollock 
fishery, and 30 percent of the allocation for the B season pollock 
fishery as stated in Sec.  679.21(f)(3)(iii)(A). Additionally, in 2017, 
the Chinook salmon bycatch performance standard under Sec.  
679.21(f)(6) is 47,591 Chinook salmon, allocated to each sector as 
specified in Sec.  679.21(f)(3)(iii)(C).
    The basis for these PSC limits is described in detail in the final 
rule implementing management measures for Amendment 91 (75 FR 53026, 
August 30, 2010) and Amendment 110 (81 FR 37534, June 10, 2016). NMFS 
publishes the approved IPAs, allocations, and reports at http://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
    Section 679.21(g)(2)(i) specifies 700 fish as the 2017 and 2018 
Chinook salmon PSC limit for the AI subarea pollock fishery. Section 
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI 
subarea PSQ for the CDQ program and allocates the remaining 647 Chinook 
salmon to the non-CDQ fisheries.
    Section 679.21(f)(14)(i) specifies 42,000 fish as the 2017 and 2018 
non-Chinook salmon PSC limit in the Catcher Vessel Operational Area 
(CVOA). Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494, 
non-Chinook salmon in the CVOA as the PSQ for the CDQ program, and 
allocates the remaining 37,506 non-Chinook salmon to the non-CDQ 
fisheries.
    PSC limits for crab and herring are specified annually based on 
abundance and spawning biomass. Due to the lack of new information as 
of October 2016 regarding herring PSC limits and apportionments, the 
Council recommended and NMFS proposes basing the herring 2017 and 2018 
PSC limits and apportionments on the 2015 survey data. The Council will 
reconsider these amounts in December 2016.
    Section 679.21(e)(3)(i)(A)(1) allocates 10.7 percent of each trawl 
gear PSC limit specified for crab as a PSQ reserve for use by the 
groundfish CDQ program.
    Based on 2016 survey data, the red king crab mature female 
abundance is estimated at 22.8 million red king crabs, which is above 
the threshold of 8.4 million red king crabs, and the effective spawning 
biomass is estimated at 42.2 million lbs (19,148 mt). Based on the 
criteria set out at Sec.  679.21(e)(1)(i), the proposed 2017 and 2018 
PSC limit of red king crab in Zone 1 for trawl gear is 97,000 animals. 
This limit derives from the mature female abundance estimate of more 
than 8.4 million red king crab and the effective spawning biomass 
estimate of more than 14.5 million lbs (6,577 mt) but less than 55 
million lbs (24,948 mt).
    Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which 
NMFS must specify an annual red king crab bycatch limit for the Red 
King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS to 
up to 25 percent of the red king crab PSC allowance based on the need 
to optimize the groundfish harvest relative to red king crab bycatch. 
NMFS proposes the Council's recommendation that the red king crab 
bycatch limit be equal to 25 percent of the red king crab PSC allowance 
within the RKCSS (Table 9).
    Based on 2016 survey data, Tanner crab (Chionoecetes bairdi) 
abundance is estimated at 285 million animals. Pursuant to criteria set 
out at Sec.  679.21(e)(1)(ii), the calculated 2017 and 2018 C. bairdi 
crab PSC limit for trawl gear is 830,000 animals in Zone 1, and 
2,070,000 animals in Zone 2. In Zone 1, C. bairdi abundance was 
estimated to be greater than 270 million and less than 400 million 
animals. In Zone 2, C. bairdi abundance was estimated to be greater 
than 175 million animals and less than 290 million animals.
    Pursuant to Sec.  679.21(e)(1)(iii), the PSC limit for snow crab 
(C. opilio) is based on total abundance as indicated by the NMFS annual 
bottom trawl survey. The C. opilio crab PSC limit in the C. opilio 
bycatch limitation zone (COBLZ) is set at 0.1133 percent of the Bering 
Sea abundance index minus 150,000 crabs. Based on the 2016 survey 
estimate of 8.169 billion animals, the calculated C. opilio crab PSC 
limit is 9,105,477 animals.
    Pursuant to Sec.  679.21(e)(1)(v), the PSC limit of Pacific herring 
caught while conducting any trawl operation for BSAI groundfish is 1 
percent of the annual eastern Bering Sea herring biomass. The best 
estimate of 2017 and 2018 herring biomass is 263,098 mt. This amount 
was developed by the Alaska Department of Fish and Game based on 
spawning location estimates. Therefore, the herring PSC limit proposed 
for 2017 and 2018 is 2,631 mt for all trawl gear as listed in Tables 8 
and 9.
    Section 679.21(e)(3)(i)(A) requires PSQ reserves to be subtracted 
from the total trawl PSC limits. The amount of the 2017 PSC limits 
assigned to the Amendment 80 and BSAI trawl limited access sectors are 
specified in Table 35 to 50 CFR part 679. The resulting allocations of 
PSC limits to CDQ PSQ, the Amendment 80 sector, and the BSAI

[[Page 87874]]

trawl limited access sector are listed in Table 8. Pursuant to Sec.  
679.21(b)(1)(i), Sec.  679.21(e)(3)(vi), and Sec.  679.91(d) through 
(f), crab and halibut trawl PSC limits established for the Amendment 80 
sector are then further established for Amendment 80 cooperatives as 
PSC cooperative quota as listed in Table 12. Two Amendment 80 
cooperatives have formed for the 2017 fishing year. Because all 
Amendment 80 vessels are part of a cooperative, no allocation to the 
Amendment 80 limited access sector is required. NMFS will post 2017 
Amendment 80 cooperative allocations on the Alaska Region Web site at 
http://alaskafisheries.noaa.gov prior to the start of the fishing year 
on January 1, 2017, based on the harvest specifications effective on 
that date.
    The 2018 PSC limit allocations between Amendment 80 cooperatives 
and the Amendment 80 limited access sector will not be known until 
eligible participants apply for participation in the program by 
November 1, 2017. NMFS will post 2018 Amendment 80 cooperatives and 
Amendment 80 limited access allocations on the Alaska Region Web site 
at http://alaskafisheries.noaa.gov prior to the start of the fishing 
year on January 1, 2018, based on the harvest specifications effective 
on that date.
    Section 679.21(b)(2) and (e)(5) authorizes NMFS, after consulting 
with the Council, to establish seasonal apportionments of PSC amounts 
for the BSAI trawl limited access and Amendment 80 limited access 
sectors to maximize the ability of the fleet to harvest the available 
groundfish TAC and to minimize bycatch. The factors considered are (1) 
seasonal distribution of prohibited species, (2) seasonal distribution 
of target groundfish species, (3) PSC bycatch needs on a seasonal basis 
relevant to prohibited species biomass, (4) expected variations in 
bycatch rates throughout the year, (5) expected changes in directed 
groundfish fishing seasons, (6) expected start of fishing effort, and 
(7) economic effects of seasonal PSC apportionments on industry 
sectors. The Council recommended and NMFS proposes the seasonal PSC 
apportionments in Table 10 to maximize harvest among gear types, 
fisheries, and seasons while minimizing bycatch of PSC based on the 
above criteria.

   Table 8--Proposed 2017 and 2018 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
                                                              Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Trawl PSC                                      BSAI trawl
                PSC species and area \1\                   Non-trawl PSC    Total trawl      remaining        CDQ PSQ      Amendment 80   limited access
                                                                                PSC        after CDQ PSQ    reserve \2\       sector          fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI.............................             710           2,805             n/a             315           1,745             745
Herring (mt) BSAI.......................................             n/a           2,631             n/a             n/a             n/a             n/a
Red king crab (animals) Zone 1..........................             n/a          97,000          86,621          10,379          43,293          26,489
C. opilio (animals) COBLZ...............................             n/a       9,105,477       8,131,191         974,286       3,996,480       2,613,365
C. bairdi crab (animals) Zone 1.........................             n/a         830,000         741,190          88,810         312,115         348,285
C. bairdi crab (animals) Zone 2.........................             n/a       2,070,000       1,848,510         221,490         437,542         865,288
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.


    Table 9--Proposed 2017 and 2018 Herring and Red King Crab Savings
    Subarea Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
                                                           Red king crab
           Fishery categories              Herring (mt)      (animals)
                                               BSAI           Zone 1
------------------------------------------------------------------------
Yellowfin sole..........................             179             n/a
Rock sole/flathead sole/other flatfish                29             n/a
 \1\....................................
Greenland turbot/arrowtooth flounder/                 19             n/a
 Kamchatka flounder/sablefish...........
Rockfish................................              13             n/a
Pacific cod.............................              40             n/a
Midwater trawl pollock..................           2,151             n/a
Pollock/Atka mackerel/other species 2 3.             199             n/a
Red king crab savings subarea non-                   n/a          24,250
 pelagic trawl gear \4\.................
                                         -------------------------------
    Total trawl PSC.....................           2,631          97,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
  except for halibut (a prohibited species), arrowtooth flounder,
  flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and
  yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
  ``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes sculpins, sharks,
  skates, squids, and octopuses.
\4\ In October 2016 the Council recommended that the red king crab
  bycatch limit for non-pelagic trawl fisheries within the RKCSS be
  limited to 25 percent of the red king crab PSC allowance (see Sec.
  679.21(e)(3)(ii)(B)(2)).
Note: Species apportionments may not total precisely due to rounding.


[[Page 87875]]


 Table 10-Proposed 2017 and 2018 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
                                                          Prohibited species and area \1\
                                 -------------------------------------------------------------------------------
    BSAI trawl limited access         Halibut      Red king crab     C. opilio          C. bairdi (animals)
            fisheries             mortality (mt)  (animals) Zone     (animals)   -------------------------------
                                       BSAI              1             COBLZ          Zone 1          Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole..................             150          23,338       2,463,587         293,234         826,258
Rock sole/flathead sole/other                  0               0  ..............               0
 flatfish \2\...................
Greenland turbot/arrowtooth                    0               0  ..............               0
 flounder/Kamchatka flounder/
 sablefish......................
Rockfish April 15-December 31...               4               0           4,069               0             697
Pacific cod.....................             391           2,954         105,008          50,816          34,848
Pollock/Atka mackerel/other                  200             197          40,701           4,235           3,485
 species \3\....................
                                 -------------------------------------------------------------------------------
    Total BSAI trawl limited                 745          26,489       2,613,365         348,285         865,288
     access PSC.................
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin
  sole.
\3\ ``Other species'' for PSC monitoring includes sculpins, sharks, skates, squids, and octopuses.
Note: Species apportionments may not total precisely due to rounding.


     Table 11--Proposed 2017 and 2018 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
                                           Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
                                                            Catcher/
       Non-trawl fisheries                Seasons           processor    Catcher vessel       All non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod......................  Annual Pacific cod..             648              13  n/a
                                    January 1-June 10..             388               9  n/a
                                    June 10-August 15..             162               2  n/a
                                    August 15-December               98               2  n/a
                                    31.
Non-Pacific cod non-trawl--Total.   May 1-December 31..             n/a             n/a  49
Groundfish pot and jig...........  n/a.................             n/a             n/a  Exempt
Sablefish hook-and-line..........  n/a.................             n/a             n/a  Exempt
                                                        --------------------------------------------------------
    Total for all non-trawl PSC..  n/a.................             n/a             n/a  710
----------------------------------------------------------------------------------------------------------------


       Table 12--Proposed 2017 Prohibited Species Bycatch Allowance for the BSAI Amendment 80 Cooperatives
----------------------------------------------------------------------------------------------------------------
                                                         Prohibited species and zones \1\
                                 -------------------------------------------------------------------------------
           Cooperative                Halibut      Red king crab     C. opilio          C. bairdi (animals)
                                  mortality (mt)  (animals) Zone     (animals)   -------------------------------
                                       BSAI              1             COBLZ          Zone 1          Zone 2
----------------------------------------------------------------------------------------------------------------
Alaska Groundfish Cooperative...             474          12,459       1,258,109          82,136         112,839
Alaska Seafood Cooperative......           1,271          30,834       2,738,371         229,979         324,703
                                 -------------------------------------------------------------------------------
    Total.......................           1,745          43,293       3,996,480         312,115         437,542
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of zones.

Halibut Discard Mortality Rates (DMRs)

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator uses observed halibut incidental catch 
rates, halibut discard mortality rates (DMRs), and estimates of 
groundfish catch to project when a fishery's halibut bycatch mortality 
allowance or seasonal apportionment is reached. Halibut incidental 
catch rates are based on observers' estimates of halibut incidental 
catch in the groundfish fishery. DMRs are estimates of the proportion 
of incidentally caught halibut that do not survive after being returned 
to the sea. The cumulative halibut mortality that accrues to a 
particular halibut PSC limit is the product of a DMR multiplied by the 
estimated halibut PSC. DMRs are estimated using the best information 
available in conjunction with the annual BSAI stock assessment process. 
The DMR methodology and findings are included as an appendix to the 
annual BSAI groundfish SAFE report.
    Historically, DMRs consisted of long-term averages of annual DMRs 
within target fisheries that were defined by management area, CDQ, 
gear, and target species. Since the late 1990s, halibut DMRs were 
calculated by the International Pacific Halibut Commission (IPHC), 
which then provided the estimates to the NMFS for application in 
managing halibut bycatch limits. DMRs specified through the Council 
process and used for catch accounting by NMFS have consisted of long-
term averages of annual estimates within target fisheries that are 
defined by management area, CDQ, gear, and target species. Long-term 
averages are taken from annual estimates for the most recent ten-year 
period with the number of years with data to support

[[Page 87876]]

annual DMR estimates varying among fisheries. Fishery-specific DMRs, 
once calculated, have generally been put in place for three-year 
increments.
    NMFS proposes to revise methods for estimating DMRs consistent with 
those methods developed by the halibut DMR working group and 
recommended by the Council at its October 2016 meeting. NMFS proposes 
for the 2017 and 2018 BSAI groundfish harvest specifications revised 
DMRs consistent with modified DMR estimation methodology. The proposed 
change will make the DMR process transparent, transferable, and allow 
for review by all agencies/entities involved. The Alaska Region will 
program the revised DMRs into its groundfish catch accounting system to 
monitor the 2017 and 2018 halibut bycatch allowances (see Tables 8, 10, 
11, and 12). The DMRs proposed for 2017 and 2018 BSAI groundfish 
harvest specifications reflect an ongoing effort by the Council to 
improve the estimation of DMRs in the Alaska groundfish fisheries.
    The halibut DMR working group, consisting of the IPHC, Council, and 
NMFS Alaska Region staff, recommended the following broad changes to 
the DMR estimation method: Implementation of sampling design consistent 
with sampling protocols used under the Observer Restructuring Program; 
categorization of data of halibut viability based on vessel operations 
(sorting and handling practices, gear type, and processing sector) 
rather than target fisheries; and revision of reference timeframes to 
obtain estimates that are more responsive to changes in how the 
groundfish fisheries are observed and managed. These recommendations, 
and others, are described below.
     Incorporate CDQ with non-CDQ in the calculation of the 
DMRs instead of the currently specified DMRs, which calculate DMRs 
separately for CDQ and non-CDQ. Regulations allow assignment of CDQ 
status to a haul up to two hours after completion of gear retrieval. 
Most vessels fishing under the CDQ program also participate in the non-
CDQ fisheries. The size of the haul, fishing operations, and catch-
handling process do not tend to differ compared to the non-CDQ 
fisheries. For this reason, CDQ is not a recommended aggregation factor 
for estimating DMRs under the revised estimation method.
     Revise the DMR estimation methodology for consistency with 
the sampling protocols instituted in 2013 through the restructured 
Observer Program. The Observer Program randomizes sampling of fishing 
trips within operational groupings, sampling of hauls within fishing 
trips, and sampling of biological data within hauls. Basing halibut DMR 
estimation on a sampling design consistent with Observer Program 
sampling protocols should reduce the potential for sampling bias, 
improve data on operational causes of variation in post-capture halibut 
viability, and promote the ability for NMFS to make timely improvements 
to halibut DMR estimation in the future.
     Incorporate the use of vessel operations into DMR 
estimation methodology. This incorporates data about the viability 
(likelihood to survive) of discarded halibut into DMR calculations. 
Data based on different vessel operational categories, such as sorting 
practices, handling practices, gear type, and processing sectors (i.e. 
CVs, CPs, and CVs delivering to motherships), provide better 
information on halibut viability. NMFS expects that incorporating this 
information into the DMR estimation methodology will yield a more 
precise estimate of actual mortality.
     Remove the use of target fishery. Fishery targets do not 
necessarily characterize statistical and/or vessel operational 
differences in the sampling or handling of halibut PSC. Using fishery 
target aggregations may have reduced the quality of DMR estimates due 
to small sample sizes or by combining vessel operations with very 
important differences in sampling and handling characteristics.
     Change the reference time-frame for DMR calculations. 
Rather than using 10-year average rates, the revised methodology 
estimates DMRs based on initial 3-year average rates. Using 2013 as the 
starting year is more responsive to, and better aligns DMR calculation 
methodology with, the 2013 restructured Observer Program's sampling 
protocols. Using 2013 as the base year, NMFS and the Council will 
evaluate the time frame each year. Evaluating the time frame each year 
will enable NMFS and the Council to update the methodology and the 
halibut DMRs based on the best available information.
    The working group's discussion paper also included a comparison of 
the total amount of halibut mortality that accrues using current DMRs 
versus the working group's recommended DMRs. Calculating the 2015 
halibut mortality using specified DMRs yielded 2,312 mt of halibut 
mortality, whereas using the recommended DMRs yielded 2,299 mt of 
halibut morality (a less than one-percent decrease). Calculating the 
2016 halibut mortality (through September 2016) yielded 1,701 mt of 
halibut mortality, versus 1,663 mt of halibut mortality when applying 
the recommended DMRs (a two percent decrease).
    These proposed estimation methods, and recommendations for 2017 and 
2018 halibut DMRs, were presented to the Plan Team in September 2016. 
The Plan Team concurred with the revised methodology, as well as the 
working group's halibut DMR recommendations for 2017 and 2018. The 
Council agreed with these recommendations at the Council's October 2016 
meeting. Additionally, in April 2016 the SSC reviewed the methodology 
and made a number of suggestions for improving and refining it. The 
working group has incorporated those suggestions into its DMR 
estimation methodology. The working group's discussion of the revised 
halibut DMR methodology, including the comparative assessment, is 
available from the Council (see ADDRESSES). Table 13 lists the proposed 
2017 and 2018 DMRs.

              Table 13--Proposed 2017 and 2018 Pacific Halibut Discard Mortality Rates for the BSAI
----------------------------------------------------------------------------------------------------------------
                                                                                                      Halibut
                                                                                                      discard
                  Gear                              Sector                Groundfish fishery      mortality rate
                                                                                                     (percent)
----------------------------------------------------------------------------------------------------------------
Pelagic trawl...........................  All.......................  All.......................             100
Non-pelagic trawl.......................  Catcher/Processor and       All.......................              85
                                           Mothership.
Non-pelagic trawl.......................  Catcher vessel............  All.......................              52
Hook-and-line...........................  Catcher vessel............  All.......................              13
Hook-and-line...........................  Catcher/Processor.........  All.......................               8
Pot.....................................  All.......................  All.......................               5
----------------------------------------------------------------------------------------------------------------


[[Page 87877]]

Listed AFA Catcher/Processor Sideboard Limits

    Pursuant to Sec.  679.64(a), the Regional Administrator is 
responsible for restricting the ability of listed AFA catcher/
processors to engage in directed fishing for groundfish species other 
than pollock, to protect participants in other groundfish fisheries 
from adverse effects resulting from the AFA and from fishery 
cooperatives in the directed pollock fishery. These restrictions are 
set out as ``sideboard'' limits on catch. The basis for these proposed 
sideboard limits is described in detail in the final rules implementing 
the major provisions of the AFA (67 FR 79692, December 30, 2002) and 
Amendment 80 (72 FR 52668, September 14, 2007). Table 14 lists the 
proposed 2017 and 2018 catcher/processor sideboard limits.
    All harvests of groundfish sideboard species by listed AFA catcher/
processors, whether as targeted catch or incidental catch, will be 
deducted from the sideboard limits in Table 14. However, groundfish 
sideboard species that are delivered to listed AFA catcher/processors 
by catcher vessels will not be deducted from the 2017 and 2018 
sideboard limits for the listed AFA catcher/processors.

              Table 14--Proposed 2017 and 2018 BSAI Groundfish Sideboard Limits for Listed American Fisheries Act Catcher/Processors (C/Ps)
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             1995-1997
                                                                         ------------------------------------------------ 2017  and 2018  2017  and 2018
              Target species                            Area                                                 Ratio of     ITAC available      AFA C/P
                                                                          Retained catch    Total catch   retained catch  to all trawl C/    sideboard
                                                                                                          to total catch      Ps \1\           limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish trawl...........................  BS..........................               8             497           0.016             447               7
                                            AI..........................               0             145               0             302               0
Greenland turbot..........................  BS..........................             121          17,305           0.007           2,272              16
                                            AI..........................              23           4,987           0.005             170               1
Arrowtooth flounder.......................  BSAI........................              76          33,987           0.002          11,900              24
Kamchatka flounder........................  BSAI........................              76          33,987           0.002           4,250               9
Rock sole.................................  BSAI........................           6,317         169,362           0.037          50,990           1,887
Flathead sole.............................  BSAI........................           1,925          52,755           0.036          18,753             675
Alaska plaice.............................  BSAI........................              14           9,438           0.001          12,325              12
Other flatfish............................  BSAI........................           3,058          52,298           0.058           2,125             123
Pacific ocean perch.......................  BS..........................              12           4,879           0.002           6,760              14
                                            Eastern AI..................             125           6,179            0.02           6,731             135
                                            Central AI..................               3           5,698           0.001           6,251               6
                                            Western AI..................              54          13,598           0.004           8,037              32
Northern rockfish.........................  BSAI........................              91          13,040           0.007           3,825              27
Rougheye rockfish.........................  EBS/EAI.....................              50           2,811           0.018              85               2
                                            CAI/WAI.....................              50           2,811           0.018             170               3
Shortraker rockfish.......................  BSAI........................              50           2,811           0.018             170               3
Other rockfish............................  BS..........................              18             621           0.029             276               8
                                            AI..........................              22             806           0.027             468              13
Atka mackerel.............................  Central AI..................             n/a             n/a           0.115          14,288           1,643
                                            A season \2\................             n/a             n/a           0.115           7,144             822
                                            B season \2\................             n/a             n/a           0.115           7,144             822
                                            Western AI..................             n/a             n/a             0.2           9,377           1,875
                                            A season \2\................             n/a             n/a             0.2           4,689             938
                                            B season \2\................             n/a             n/a             0.2           4,689             938
Skates....................................  BSAI........................             553          68,672           0.008          22,100             177
Sculpins..................................  BSAI........................             553          68,672           0.008           3,825              31
Sharks....................................  BSAI........................             553          68,672           0.008             106               1
Squids....................................  BSAI........................              73           3,328           0.022           1,275              28
Octopuses.................................  BSAI........................             553          68,672           0.008             340               3
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of the
  TAC after the subtraction of the CDQ reserve under Sec.   679.20(b)(1)(ii)(C).
\2\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA
  catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual ITAC
  specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
Note: Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2017 and 2018 aggregate ITAC of yellowfin
  sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.

    Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679 
establish a formula for calculating PSC sideboard limits for listed AFA 
catcher/processors. The basis for these sideboard limits is described 
in detail in the final rules implementing the major provisions of the 
AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, 
September 14, 2007).
    PSC species listed in Table 15 that are caught by listed AFA 
catcher/processors participating in any groundfish fishery other than 
pollock will accrue against the proposed 2017 and 2018 PSC sideboard 
limits for the listed AFA catcher/processors. Section 679.21(b)(4)(iii) 
and (e)(3)(v) authorizes NMFS to close directed fishing for groundfish 
other than pollock for listed AFA catcher/processors once a proposed 
2017 or 2018 PSC sideboard limit listed in Table 15 is reached.
    Crab or halibut PSC caught by listed AFA catcher/processors while 
fishing for pollock will accrue against the PSC allowances annually 
specified for either the midwater pollock or the pollock/Atka mackerel/
``other species'' fishery categories, according to Sec.  
679.21(b)(1)(ii)(B) and Sec.  679.21(e)(3)(iv).

[[Page 87878]]



   Table 15--Proposed 2017 and 2018 BSAI Prohibited Species Sideboard Limits for American Fisheries Act Listed
                                               Catcher/Processors
----------------------------------------------------------------------------------------------------------------
                                                                                   Proposed 2017
                                                                                   and  2018 PSC
                                                                                   available  to   Proposed 2017
                    PSC species and area \1\                       Ratio of PSC   trawl  vessels   and  2018 C/P
                                                                   to total PSC        after         sideboard
                                                                                    subtraction      limit \2\
                                                                                    of PSQ \2\
----------------------------------------------------------------------------------------------------------------
BSAI Halibut mortality..........................................             n/a             n/a             286
Red king crab Zone 1............................................           0.007          86,621             606
C. opilio (COBLZ)...............................................           0.153       8,131,191       1,224,072
C. bairdi.......................................................             n/a             n/a             n/a
    Zone 1......................................................            0.14         741,190         103,767
    Zone 2......................................................            0.05       1,848,510          92,426
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA Catcher Vessel Sideboard Limits

    Pursuant to Sec.  679.64(b), the Regional Administrator is 
responsible for restricting the ability of AFA catcher vessels to 
engage in directed fishing for groundfish species other than pollock to 
protect participants in other groundfish fisheries from adverse effects 
resulting from the AFA and from fishery cooperatives in the directed 
pollock fishery. Section 679.64(b) establishes formulas for setting AFA 
catcher vessel groundfish and PSC sideboard limits for the BSAI. The 
basis for these sideboard limits is described in detail in the final 
rules implementing the major provisions of the AFA (67 FR 79692, 
December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). 
Tables 16 and 17 list the proposed 2017 and 2018 AFA catcher vessel 
sideboard limits.
    All catch of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or as incidental catch, will 
be deducted from the 2017 and 2018 sideboard limits listed in Table 16.

  Table 16--Proposed 2017 and 2018 BSAI Groundfish Sideboard Limits for American Fisheries Act Catcher Vessels
                                                      (CVs)
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                                  2017 and  2018
                                                                  Ratio of 1995-  2017 and  2018   AFA  catcher
                Species                   Fishery by area/gear/     1997 AFA CV    initial  TAC       vessel
                                                 season           catch to 1995-        \1\          sideboard
                                                                     1997 TAC                         limits
----------------------------------------------------------------------------------------------------------------
Pacific cod...........................  BSAI....................             n/a             n/a             n/a
                                        Jig gear................               0           3,144               0
                                        Hook-and-line CV........             n/a             n/a             n/a
                                        Jan 1-Jun 10............          0.0006             228               0
                                        Jun 10-Dec 31...........          0.0006             219               0
                                        Pot gear CV.............             n/a             n/a             n/a
                                        Jan 1-Jun 10............          0.0006           9,587               6
                                        Sept 1-Dec 31...........          0.0006           9,211               6
                                        CV <60 ft LOA using hook-         0.0006           4,476               3
                                         and-line or pot gear.
                                        Trawl gear CV...........             n/a             n/a             n/a
                                        Jan 20-Apr 1............          0.8609          36,732          31,623
                                        Apr 1-Jun 10............          0.8609           5,460           4,701
                                        Jun 10-Nov 1............          0.8609           7,446           6,410
Sablefish.............................  BS trawl gear...........          0.0906             447              40
                                        AI trawl gear...........          0.0645             302              19
Greenland turbot......................  BS......................          0.0645           2,272             147
                                        AI......................          0.0205             170               3
Arrowtooth flounder...................  BSAI....................           0.069          11,900             821
Kamchatka flounder....................  BSAI....................           0.069           4,250             293
Rock sole.............................  BSAI....................          0.0341          50,990           1,739
Flathead sole.........................  BS trawl gear...........          0.0505          18,753             947
Alaska plaice.........................  BSAI....................          0.0441          12,325             544
Other flatfish........................  BSAI....................          0.0441           2,125              94
Pacific ocean perch...................  BS......................             0.1           6,760             676
                                        Eastern AI..............          0.0077           6,731              52
                                        Central AI..............          0.0025           6,251              16
                                        Western AI..............               0           8,037               0
Northern rockfish.....................  BSAI....................          0.0084           3,825              32
Rougheye rockfish.....................  EBS/EAI.................          0.0037              85               0
                                        CAI/WAI.................          0.0037             170               1
Shortraker rockfish...................  BSAI....................          0.0037             170               1
Other rockfish........................  BS......................          0.0048             276               1
                                        AI......................          0.0095             468               4
Atka mackerel.........................  Eastern AI/BS...........             n/a          25,451             n/a
                                        Jan 1-Jun 10............          0.0032          12,726              41

[[Page 87879]]

 
                                        Jun 10-Nov 1............          0.0032          12,726              41
                                        Central AI..............             n/a          14,288             n/a
                                        Jan 1-Jun 10............          0.0001           7,144               1
                                        Jun 10-Nov 1............          0.0001           7,144               1
                                        Western AI..............             n/a           9,377             n/a
                                        Jan 1-Jun 10............               0           4,689               0
                                        Jun 10-Nov 1............               0           4,689               0
Skates................................  BSAI....................          0.0541          22,100           1,196
Sculpins..............................  BSAI....................          0.0541           3,825             207
Sharks................................  BSAI....................          0.0541             106               6
Squids................................  BSAI....................          0.3827           1,275             488
Octopuses.............................  BSAI....................          0.0541             340              18
----------------------------------------------------------------------------------------------------------------
\1\ Aleutians Islands Pacific ocean perch, Atka mackerel, flathead sole, rock sole, and yellowfin sole are
  multiplied by the remainder of the TAC of that species after the subtraction of the CDQ reserve under Sec.
  679.20(b)(1)(ii)(C).
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2017
  and 2018 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access
  sector is greater than 125,000 mt.

    Halibut and crab PSC limits listed in Table 17 that are caught by 
AFA catcher vessels participating in any groundfish fishery other than 
pollock will accrue against the 2017 and 2018 PSC sideboard limits for 
the AFA catcher vessels. Section 679.21(b)(4)(iii), (e)(7), and 
(e)(3)(v) authorizes NMFS to close directed fishing for groundfish 
other than pollock for AFA catcher vessels once a proposed 2017 and 
2018 PSC sideboard limit listed in Table 17 is reached. The PSC that is 
caught by AFA catcher vessels while fishing for pollock in the Bering 
Sea subarea will accrue against the bycatch allowances annually 
specified for either the midwater pollock or the pollock/Atka mackerel/
``other species'' fishery categories under Sec.  679.21(b)(1)(ii)(B) 
and Sec.  679.21(e)(3)(iv).

Table 17--Proposed 2017 and 2018 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
                                                for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
                                                                                  Proposed  2017
                                                                    AFA catcher    and  2018 PSC  Proposed  2017
                                                                    vessel PSC      limit after    and  2018 AFA
      PSC species and area \1\       Target fishery category \2\     sideboard      subtraction   catcher vessel
                                                                    limit ratio       of PSQ       PSC sideboard
                                                                                   reserves \3\      limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut............................  Pacific cod trawl..........             n/a             n/a             887
                                     Pacific cod hook-and-line               n/a             n/a               2
                                      or pot.
                                     Yellowfin sole total.......             n/a             n/a             101
                                     Rock sole/flathead sole/                n/a             n/a             228
                                      other flatfish \4\.
                                     Greenland turbot/arrowtooth/            n/a             n/a               0
                                      Kamchatka flounder/
                                      sablefish.
                                     Rockfish...................             n/a             n/a               2
                                     Pollock/Atka mackerel/other             n/a             n/a               5
                                      species \5\.
Red king crab Zone 1...............  n/a........................           0.299          86,621          25,900
C. opilio COBLZ....................  n/a........................           0.168       8,131,191       1,366,040
C. bairdi Zone 1...................  n/a........................            0.33         741,190         244,593
C. bairdi Zone 2...................  n/a........................           0.186       1,848,510         343,823
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Target fishery categories are defined at Sec.   679.21(b)(1)(ii)(B).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), arrowtooth flounder, flathead sole, Greenland turbot, rock sole, and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sculpins, sharks, and octopuses.

Classification

    NMFS has determined that the proposed harvest specifications are 
consistent with the FMP and preliminarily determined that the proposed 
harvest specifications are consistent with the Magnuson-Stevens Act and 
other applicable laws, and subject to further review after public 
comment.
    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Orders 12866 and 13563.
    NMFS prepared an EIS for this action and made it available to the 
public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS 
issued the Record of Decision (ROD) for the Final EIS. A Supplemental 
Information Report (SIR) that assesses the need to prepare a 
Supplemental EIS is being prepared for the final action. Copies of the 
Final EIS, ROD, and SIR for this action are available from NMFS (see 
ADDRESSES). The Final EIS analyzes the environmental consequences of 
the proposed groundfish harvest

[[Page 87880]]

specifications and alternative harvest strategies on resources in the 
action area. The Final EIS found no significant environmental 
consequences from the proposed action or its alternatives.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA), as 
required by section 603 of the Regulatory Flexibility Act (RFA), 
analyzing the methodology for establishing the relevant TACs. The IRFA 
evaluates the impacts on small entities of alternative harvest 
strategies for the groundfish fisheries in the exclusive economic zone 
off Alaska. As set forth in the methodology, TACs are set to a level 
that falls within the range of ABCs recommended by the SSC; the sum of 
the TACs must achieve OY specified in the FMP. While the specific 
numbers that the methodology may produce vary from year to year, the 
methodology itself remains constant.
    A description of the proposed action, why it is being considered, 
and the legal basis for this proposed action are contained in the 
preamble above. A copy of the analysis is available from NMFS (see 
ADDRESSES). A summary of the IRFA follows.
    The action under consideration is a harvest strategy to govern the 
catch of groundfish in the BSAI. The preferred alternative is the 
existing harvest strategy in which TACs fall within the range of ABCs 
recommended by the SSC, but, as discussed below, NMFS considered other 
alternatives. This action is taken in accordance with the FMP prepared 
by the Council pursuant to the Magnuson-Stevens Act.
    The entities directly regulated by this action are those that 
harvest groundfish in the exclusive economic zone of the BSAI and in 
parallel fisheries within State waters. These include entities 
operating catcher vessels and catcher/processors within the action area 
and entities receiving direct allocations of groundfish.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide.
    The estimated directly regulated small entities in 2015 include 
approximately 152 catcher vessels, four catcher/processors, and six CDQ 
groups. Some of these vessels are members of AFA inshore pollock 
cooperatives, Gulf of Alaska rockfish cooperatives, or BSAI Crab 
Rationalization Program cooperatives, and, since under the RFA it is 
the aggregate gross receipts of all participating members of the 
cooperative that must meet the ``under $11 million'' threshold, they 
are considered to be large entities within the meaning of the RFA. 
Thus, the estimate of 152 catcher vessels may be an overstatement of 
the number of small entities. Average gross revenues were $520,000 for 
small hook-and-line vessels, $1.29 million for small pot vessels, and 
$2.99 million for small trawl vessels. Revenue data for catcher/
processors is confidential; however, in 2015, NMFS estimates that there 
were four catcher/processor small entities with gross receipts less 
than $11 million.
    The preferred alternative (Alternative 2) was compared to four 
other alternatives. Alternative 1 would have set TACs to generate 
fishing rates equal to the maximum permissible ABC (if the full TAC 
were harvested), unless the sum of TACs exceeded the BSAI OY, in which 
case TACs would have been limited to the OY. Alternative 3 would have 
set TACs to produce fishing rates equal to the most recent 5-year 
average fishing rates. Alternative 4 would have set TACs equal to the 
lower limit of the BSAI OY range. Alternative 5, the ``no action'' 
alternative, would have set TACs equal to zero.
    The TACs associated with the preferred harvest strategy are those 
adopted by the Council in October 2016, as per Alternative 2. OFLs and 
ABCs for the species were based on recommendations prepared by the 
Council's BSAI Groundfish Plan Team in September 2016, and reviewed and 
modified by the Council's SSC in October 2016. The Council based its 
TAC recommendations on those of its AP, which were consistent with the 
SSC's OFL and ABC recommendations.
    Alternative 1 selects harvest rates that would allow fishermen to 
harvest stocks at the level of ABCs, unless total harvests were 
constrained by the upper bound of the BSAI OY of two million mt. As 
shown in Table 1 of the preamble, the sum of ABCs in 2017 and 2018 
would be about 3,128,135 mt, which falls above the upper bound of the 
OY range. The sum of TACs is equal to the sum of ABCs. In this 
instance, Alternative 1 is consistent with the preferred alternative 
(Alternative 2), meets the objectives of that action, and has small 
entity impacts that are equivalent to the preferred alternative.
    Alternative 3 selects harvest rates based on the most recent 5 
years of harvest rates (for species in Tiers 1 through 3) or for the 
most recent 5 years of harvests (for species in Tiers 4 through 6). 
This alternative is inconsistent with the objectives of this action, 
(the Council's preferred harvest strategy) because it does not take 
account of the most recent biological information for this fishery. 
NMFS annually conducts at-sea stock surveys for different species, as 
well as statistical modeling, to estimate stock sizes and permissible 
harvest levels. Actual harvest rates or harvest amounts are a component 
of these estimates, but in and of themselves may not accurately portray 
stock sizes and conditions. Harvest rates are listed for each species 
category for each year in the SAFE report (see ADDRESSES).
    Alternative 4 would lead to significantly lower harvests of all 
species and reduce TACs from the upper end of the OY range in the BSAI, 
to its lower end of 1.4 million mt. Overall, this would reduce 2017 
TACs by about 30 percent, which would lead to significant reductions in 
harvests of species by small entities. While reductions of this size 
would be associated with offsetting price increases, the size of these 
increases is very uncertain. While production declines in the BSAI 
would undoubtedly be associated with significant price increases in the 
BSAI, these increases would still be constrained by production of 
substitutes, and are very unlikely to offset revenue declines from 
smaller production. Thus, this alternative action would have a 
detrimental impact on small entities.
    Alternative 5, which sets all harvests equal to zero, would have a 
significant adverse impact on small entities and would be contrary to 
obligations to achieve OY on a continuing basis, as mandated by the 
Magnuson-Stevens Act.
    The proposed harvest specifications extend the current 2017 OFLs, 
ABCs, and TACs to 2017 and 2018. As noted in the IRFA, the Council may 
modify these OFLs, ABCs, and TACs in December 2016, when it reviews the 
November 2016 SAFE report from its groundfish Plan Team, and the 
December Council meeting reports of its SSC and AP. Because 2017 TACs 
in the proposed 2017 and 2018 harvest specifications are unchanged from 
the 2017 harvest specification TACs, NMFS does not expect adverse 
impacts on small entities. Also, NMFS does not expect any changes made 
by the Council in December 2016 to be large enough to have an impact on 
small entities.

[[Page 87881]]

    This action does not modify recordkeeping or reporting 
requirements, or duplicate, overlap, or conflict with any Federal 
rules.
    Adverse impacts on marine mammals resulting from fishing activities 
conducted under these harvest specifications are discussed in the Final 
EIS (see ADDRESSES), and in the 2016 SIR (https://alaskafisheries.noaa.gov/sites/default/files/sir-2016-17.pdf).

    Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C. 
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.

    Dated: November 30, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-29152 Filed 12-5-16; 8:45 am]
BILLING CODE 3510-22-P



                                                                          Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                           87863

                                                    sorting and weighing of fish by both                    DEPARTMENT OF COMMERCE                                information (e.g., name, address),
                                                    fishermen and enforcement personnel.                                                                          confidential business information, or
                                                    However, enforcement no longer uses                     National Oceanic and Atmospheric                      otherwise sensitive information
                                                    totes for at-sea weight and volume                      Administration                                        submitted voluntarily by the sender will
                                                    estimates so the requirement for vessels                                                                      be publicly accessible. NMFS will
                                                    to carry a tote is unnecessary.                         50 CFR Part 679                                       accept anonymous comments (enter ‘‘N/
                                                                                                            [Docket No. 161020985–6985–01]                        A’’ in the required fields if you wish to
                                                       Lastly, this action would allow a
                                                                                                                                                                  remain anonymous).
                                                    sector with Handgear A vessels to                       RIN 0648–XE989                                           Electronic copies of the Alaska
                                                    request that Handgear A vessels be                                                                            Groundfish Harvest Specifications Final
                                                    exempt from the requirement to use a                    Fisheries of the Exclusive Economic                   Environmental Impact Statement (Final
                                                    Vessel Monitoring System. Instead,                      Zone Off Alaska; Bering Sea and                       EIS), Record of Decision (ROD),
                                                    vessels would be required to declare                    Aleutian Islands; 2017 and 2018                       Supplementary Information Report (SIR)
                                                    trips through a call-in system. This                    Harvest Specifications for Groundfish                 to the EIS, and the Initial Regulatory
                                                    measure is intended to encourage                        AGENCY:  National Marine Fisheries                    Flexibility Analysis (IRFA) prepared for
                                                    Handgear A vessels to enroll in a sector                Service (NMFS), National Oceanic and                  this action may be obtained from http://
                                                    by reducing their operating expenses.                   Atmospheric Administration (NOAA),                    www.regulations.gov or from the Alaska
                                                       Public comments are being solicited                  Commerce.                                             Region Web site at http://
                                                    on the Amendment through the end of                     ACTION: Proposed rule; request for                    alaskafisheries.noaa.gov. The final 2015
                                                    the comment period stated in the DATES                  comments.                                             Stock Assessment and Fishery
                                                    section above. A proposed rule that                                                                           Evaluation (SAFE) report for the
                                                    would implement the Amendment will                      SUMMARY:    NMFS proposes 2017 and                    groundfish resources of the BSAI, dated
                                                                                                            2018 harvest specifications,                          November 2015, is available from the
                                                    be published in the Federal Register for
                                                                                                            apportionments, and prohibited species                North Pacific Fishery Management
                                                    public comment, as part of our
                                                                                                            catch allowances for the groundfish                   Council (Council) at 605 West 4th
                                                    evaluation of Amendment 18 under
                                                                                                            fisheries of the Bering Sea and Aleutian              Avenue, Suite 306, Anchorage, AK
                                                    requirements of the Magnuson-Stevens                                                                          99501–2252, phone 907–271–2809, or
                                                                                                            Islands (BSAI) management area. This
                                                    Fishery Conservation Management Act.                    action is necessary to establish harvest              from the Council’s Web site at http://
                                                    Public comments on the proposed rule                    limits for groundfish during the 2017                 www.npfmc.org/. The draft 2016 SAFE
                                                    must be received by the end of the                      and 2018 fishing years, and to                        report for the BSAI is available from the
                                                    comment period on Amendment 18 to                       accomplish the goals and objectives of                same source.
                                                    be considered in the approval/                          the Fishery Management Plan for                       FOR FURTHER INFORMATION CONTACT:
                                                    disapproval decision on the                             Groundfish of the Bering Sea and                      Steve Whitney, 907–586–7228.
                                                    Amendment. All comments received by                     Aleutian Islands Management Area. The                 SUPPLEMENTARY INFORMATION: Federal
                                                    the end of the Amendment 18 comment                     intended effect of this action is to                  regulations at 50 CFR part 679
                                                    period, whether specifically directed to                conserve and manage the groundfish                    implement the Fishery Management
                                                    the Amendment or the proposed rule,                     resources in the BSAI in accordance                   Plan for Groundfish of the Bering Sea
                                                    will be considered in the approval/                     with the Magnuson-Stevens Fishery                     and Aleutian Islands Management Area
                                                    disapproval decision. Comments                          Conservation and Management Act.                      (FMP) and govern the groundfish
                                                    received after that day will not be                     DATES: Comments must be received by                   fisheries in the BSAI. The Council
                                                    considered in the approval/disapproval                  January 5, 2017.                                      prepared the FMP, and NMFS approved
                                                    decision for Amendment 18. To be                        ADDRESSES: You may submit comments                    it under the Magnuson-Stevens Fishery
                                                    considered, comments must be received                   on this document, identified by NOAA–                 Conservation and Management Act
                                                    by the close of business on the last day                NMFS–2016–0140, by any of the                         (Magnuson-Stevens Act). General
                                                    of the comment period; that does not                    following methods:                                    regulations governing U.S. fisheries also
                                                    mean postmarked or otherwise                               • Electronic Submission: Submit all                appear at 50 CFR part 600.
                                                    transmitted by that date.                               electronic public comments via the                       The FMP and its implementing
                                                                                                            Federal e-Rulemaking Portal. Go to                    regulations require NMFS, after
                                                       Authority: 16 U.S.C. 1801 et seq.
                                                                                                            www.regulations.gov/#!docketDetail;D=                 consultation with the Council, to
                                                      Dated: December 1, 2016.                              NOAA-NMFS-2016-0140, click the                        specify annually the total allowable
                                                    Emily H. Menashes,                                      ‘‘Comment Now!’’ icon, complete the                   catch (TAC) for each target species
                                                    Acting Director, Office of Sustainable                  required fields, and enter or attach your             category. The sum TAC for all
                                                    Fisheries, National Marine Fisheries Service.           comments.                                             groundfish species must be within the
                                                    [FR Doc. 2016–29189 Filed 12–5–16; 8:45 am]                • Mail: Submit written comments to                 optimum yield (OY) range of 1.4 million
                                                                                                            Glenn Merrill, Assistant Regional                     to 2.0 million metric tons (mt) (see
                                                    BILLING CODE 3510–22–P
                                                                                                            Administrator, Sustainable Fisheries                  § 679.20(a)(1)(i)(A)). Section 679.20(c)(1)
                                                                                                            Division, Alaska Region NMFS, Attn:                   further requires NMFS to publish
                                                                                                            Ellen Sebastian. Mail comments to P.O.                proposed harvest specifications in the
                                                                                                            Box 21668, Juneau, AK 99802–1668.                     Federal Register and solicit public
                                                                                                               Instructions: Comments sent by any                 comments on proposed annual TACs
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                            other method, to any other address or                 and apportionments thereof, prohibited
                                                                                                            individual, or received after the end of              species catch (PSC) allowances,
                                                                                                            the comment period, may not be                        prohibited species quota (PSQ) reserves
                                                                                                            considered by NMFS. All comments                      established by § 679.21, seasonal
                                                                                                            received are a part of the public record              allowances of pollock, Pacific cod, and
                                                                                                            and will generally be posted for public               Atka mackerel TAC, American Fisheries
                                                                                                            viewing on www.regulations.gov                        Act allocations, Amendment 80
                                                                                                            without change. All personal identifying              allocations, and Community


                                               VerDate Sep<11>2014   17:00 Dec 05, 2016   Jkt 241001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\06DEP1.SGM   06DEP1


                                                    87864                 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                    Development Quota (CDQ) reserve                         public comment period for the notice of               meeting, the Council will consider
                                                    amounts established by                                  availability on Amendment 113 ended                   information contained in the final 2016
                                                    § 679.20(b)(1)(ii). The proposed harvest                on September 19, 2016, and the                        SAFE report, recommendations from the
                                                    specifications set forth in Tables 1                    Secretary approved Amendment 113 on                   November 2016 Plan Team meeting,
                                                    through 17 of this action satisfy these                 October 17, 2016. Amendment 113 sets                  public testimony from the December
                                                    requirements.                                           aside a portion of the Aleutian Islands               2016 SSC and AP meetings, and
                                                      Under § 679.20(c)(3), NMFS will                       Pacific cod TAC for catcher vessels that              relevant written comments in making its
                                                    publish the final harvest specifications                directed fish for Aleutian Islands Pacific            recommendations for the final 2017 and
                                                    for 2017 and 2018 after (1) considering                 cod and then deliver the catch to                     2018 harvest specifications.
                                                    comments received within the comment                    Aleutian Islands shoreplants for                         In previous years, the OFLs and ABCs
                                                    period (see DATES), (2) consulting with                 processing.                                           that have had the most significant
                                                    the Council at its December 2016                           NMFS published a proposed rule to                  changes (relative to the amount of
                                                    meeting, (3) considering information                    implement Amendment 113 on August                     assessed tonnage of fish) from the
                                                    presented in the SIR that assesses the                  1, 2016, and accepted public comment                  proposed to the final harvest
                                                    need to prepare a Supplemental EIS (see                 through August 31, 2016 (81 FR 50444).                specifications have been for OFLs and
                                                    ADDRESSES), and (4) considering                         If NMFS approves the final rule, in                   ABCs that are based on the most recent
                                                    information presented in the final 2016                 November 2016, NMFS expects the                       NMFS stock surveys, which provide
                                                    SAFE reports prepared for the 2017 and                  authority to set aside Aleutian Islands               updated estimates of stock biomass and
                                                    2018 groundfish fisheries.                              Pacific cod for catcher vessels delivering            spatial distribution, and changes to the
                                                                                                            to Aleutian Islands shoreplants for                   models used in the stock assessments.
                                                    Other Actions Affecting the 2017 and
                                                                                                            processing would be in effect by the                  These changes were recommended by
                                                    2018 Harvest Specifications
                                                                                                            beginning of the 2017 fisheries on                    the Plan Team in November 2016 and
                                                       The Alaska Board of Fisheries (BOF),                 January 1, 2017.                                      are included in the final 2016 SAFE
                                                    a regulatory body for the State of Alaska                  Amendment 111 to the FMP (81 FR                    report. The final 2016 SAFE report
                                                    Department of Fish and Game (State),                    24714, April 27, 2016) became effective               includes the most recent information,
                                                    established a guideline harvest level                   May 27, 2016. Amendment 111                           such as 2016 catch data. The final
                                                    (GHL) in State waters between 164 and                   implemented BSAI halibut PSC limit                    harvest specification amounts for these
                                                    167 degrees west longitude in the Bering                reductions for the trawl and non-trawl                stocks are not expected to vary greatly
                                                    Sea subarea (BS) equal to 6.4 percent of                sectors. These amounts are found in                   from the proposed harvest specification
                                                    the Pacific cod acceptable biological                   Table 8.                                              amounts published here.
                                                    catch (ABC) for the BS. The Council                        Amendment 110 to the FMP (81 FR                       If the final 2016 SAFE report indicates
                                                    recommends the proposed 2017 and                        37534, June 10, 2016) became effective                that the stock biomass trend is
                                                    2018 Pacific cod TACs to accommodate                    July 11, 2016. Amendment 110                          increasing for a species, then the final
                                                    the State’s GHLs for Pacific cod in State               improves the management of Chinook                    2017 and 2018 harvest specifications
                                                    waters in the BS. The Council and its                   and chum salmon bycatch in the Bering                 may reflect an increase from the
                                                    BSAI Groundfish Plan Team (Plan                         Sea pollock fishery by creating a                     proposed harvest specifications.
                                                    Team), Scientific and Statistical                       comprehensive salmon bycatch                          Conversely, if the final 2016 SAFE
                                                    Committee (SSC), and Advisory Panel                     avoidance program. Amendment 110                      report indicates that the stock biomass
                                                    (AP) recommended that the sum of all                    also changed the seasonal                             trend is decreasing for a species, then
                                                    State and Federal water Pacific cod                     apportionments of the pollock TAC to                  the final 2017 and 2018 harvest
                                                    removals from the BS not exceed the                     allow more pollock to be harvested                    specifications may reflect a decrease
                                                    proposed ABC recommendations of                         earlier in the year when Chinook                      from the proposed harvest
                                                    255,000 mt. Accordingly, the Council                    salmon PSC use tends to be lower.                     specifications. In addition to changes
                                                    set the proposed 2017 and 2018 Pacific                                                                        driven by biomass trends, there may be
                                                                                                            Proposed ABC and TAC Harvest
                                                    cod TACs in the BS to account for State                                                                       changes in TACs due to the sum of
                                                                                                            Specifications
                                                    GHLs.                                                                                                         ABCs exceeding 2 million mt. Since the
                                                       For 2017 and 2018, the BOF                             At the October 2016 Council meeting,                regulations require TACs to be set to an
                                                    established a GHL in State waters in the                the SSC, AP, and Council reviewed the                 OY between 1.4 and 2 million mt, the
                                                    Aleutian Islands subarea (AI) equal to                  most recent biological and harvest                    Council may be required to recommend
                                                    27 percent of the Pacific cod ABC for                   information on the condition of the                   TACs that are lower than the ABCs
                                                    the AI. The Council recommends the                      BSAI groundfish stocks. The Council’s                 recommended by the Plan Team, if
                                                    proposed 2017 and 2018 Pacific cod                      Plan Team compiled and presented this                 setting TACs equal to ABCs would
                                                    TACs to accommodate the State’s GHLs                    information, which was initially                      cause TACs to exceed an OY of 2
                                                    for Pacific cod in State waters in the AI.              compiled by the Plan Team and                         million mt. Generally, ABCs greatly
                                                    The Council and its Plan Team, SSC,                     presented in the final 2015 SAFE report               exceed 2 million mt in years with a
                                                    and AP recommended that the sum of                      for the BSAI groundfish fisheries, dated              large pollock biomass. NMFS
                                                    all State and Federal water Pacific cod                 November 2015 (see ADDRESSES). The                    anticipates that, both for 2017 and 2018,
                                                    removals from the AI not exceed the                     amounts proposed for the 2017 and                     the sum of the ABCs will exceed 2
                                                    proposed ABC recommendations of                         2018 harvest specifications are based on              million mt. NMFS expects that the final
                                                    17,600 mt. Accordingly, the Council set                 the 2015 SAFE report, and are subject to              total TAC for the BSAI for both 2017
                                                    the proposed 2017 and 2018 Pacific cod                  change in the final harvest                           and 2018 will equal 2 million mt.
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    TACs in the AI to account for State                     specifications to be published by NMFS                   The proposed ABCs and TACs are
                                                    GHLs.                                                   following the Council’s December 2016                 based on the best available biological
                                                       In October 2015, the Council took                    meeting. In November 2016, the Plan                   and socioeconomic data, including
                                                    final action to recommend for                           Team updated the 2015 SAFE report to                  projected biomass trends, information
                                                    Secretarial Review Amendment 113 to                     include new information collected                     on assumed distribution of stock
                                                    the BSAI FMP. NMFS published a                          during 2016, such as NMFS stock                       biomass, and revised technical methods
                                                    notice of availability for Amendment                    surveys, revised stock assessments, and               used to calculate stock biomass. In
                                                    113 on July 19, 2016 (81 FR 46883). The                 catch data. At its December 2016                      general, the development of ABCs and


                                               VerDate Sep<11>2014   17:00 Dec 05, 2016   Jkt 241001   PO 00000   Frm 00016   Fmt 4702   Sfmt 4702   E:\FR\FM\06DEP1.SGM   06DEP1


                                                                                Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                            87865

                                                    OFLs involves statistical modeling of                                   Specification and Apportionment of                      accommodate incidental catch amounts.
                                                    fish populations. The FMP specifies a                                   TAC Amounts                                             TACs are set so that the sum of the
                                                    series of six tiers to define OFLs and                                     The Council recommended proposed                     overall TAC does not exceed the BSAI
                                                    ABCs based on the level of reliable                                     TACs for 2017 and 2018 that are equal                   OY.
                                                    information available to fishery                                        to proposed ABCs for Bering Sea Pacific                    The proposed groundfish OFLs,
                                                    scientists. Tier 1 represents the highest                               ocean perch, Bering Sea sablefish, AI                   ABCs, and TACs are subject to change
                                                    level of information quality available,                                 sablefish, and eastern Aleutian Islands                 pending the completion of the final
                                                    while Tier 6 represents the lowest.                                     (EAI) Pacific ocean perch. The Council                  2016 SAFE report and the Council’s
                                                       In October 2016, the SSC adopted the                                 recommended proposed TACs for 2017                      recommendations for final 2017 and
                                                                                                                            and 2018 that are less than the proposed                2018 harvest specifications during its
                                                    proposed 2017 and 2018 OFLs and
                                                                                                                            ABCs for Bering Sea pollock, AI ‘‘other                 December 2016 meeting. These
                                                    ABCs recommended by the Plan Team
                                                                                                                            rockfish,’’ AI pollock, Bogoslof pollock,               proposed amounts are consistent with
                                                    for all groundfish species. The Council
                                                                                                                            Bering Sea Pacific cod, AI Pacific cod,                 the biological condition of groundfish
                                                    adopted the SSC’s OFL and ABC                                                                                                   stocks as described in the 2015 SAFE
                                                                                                                            yellowfin sole, Bering Sea Greenland
                                                    recommendations. These amounts are                                                                                              report, and have been adjusted for other
                                                                                                                            turbot, AI Greenland turbot, arrowtooth
                                                    unchanged from the final 2017 harvest                                                                                           biological and socioeconomic
                                                                                                                            flounder, Kamchatka flounder, rock
                                                    specifications published in the Federal                                 sole, flathead sole, Alaska plaice, ‘‘other             considerations. Pursuant to Section
                                                    Register on March 18, 2016 (81 FR                                       flatfish,’’ central Aleutian Islands (CAI)              3.2.3.4.1 of the FMP, the Council could
                                                    14773). The Council adopted the AP’s                                    Pacific ocean perch, western Aleutian                   recommend adjusting the TACs if
                                                    TAC recommendations. For 2017 and                                       Islands (WAI) Pacific ocean perch,                      ‘‘warranted on the basis of bycatch
                                                    2018, the Council recommended and                                       northern rockfish, eastern Bering Sea                   considerations, management
                                                    NMFS proposes the OFLs, ABCs, and                                       (EBS)/EAI rougheye rockfish, CAI/WAI                    uncertainty, or socioeconomic
                                                    TACs listed in Table 1. The proposed                                    rougheye rockfish, shortraker rockfish,                 considerations; or if required in order to
                                                    ABCs reflect harvest amounts that are                                   Bering Sea ‘‘other rockfish,’’ Bering Sea/              cause the sum of the TACs to fall within
                                                    less than the specified OFLs. The sum                                   EAI, CAI, and WAI Atka mackerel,                        the OY range.’’ Table 1 lists the
                                                    of the proposed 2017 and 2018 ABCs for                                  skates, sculpins, sharks, squids, and                   proposed 2017 and 2018 OFL, ABC,
                                                    all assessed groundfish is 3,128,135 mt,                                octopuses. Section 679.20(a)(5)(iii)(B)(1)              TAC, initial TAC (ITAC), and CDQ
                                                    which is the same as the final 2017 ABC                                 requires the AI pollock TAC to be set at                amounts for groundfish for the BSAI.
                                                    total in the final 2016 and 2017 BSAI                                   19,000 mt when the AI pollock ABC                       The proposed apportionment of TAC
                                                    groundfish harvest specifications (81 FR                                equals or exceeds 19,000 mt. The                        amounts among fisheries and seasons is
                                                    14773, March 18, 2016).                                                 Bogoslof pollock TAC is set to                          discussed below.

                                                         TABLE 1—PROPOSED 2017 AND 2018 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL
                                                          ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI1
                                                                                                                                          [Amounts are in metric tons]

                                                                                                                                                                             Proposed 2017 and 2018
                                                                  Species                                        Area
                                                                                                                                                 OFL                   ABC            TAC             ITAC 2           CDQ 3 4

                                                    Pollock 4 ..............................    BS .......................................       3,540,000             2,019,000      1,340,643       1,206,579              134,064
                                                                                                AI ........................................         44,455                36,664         19,000          17,100                  1,900
                                                                                                Bogoslof .............................              31,906                23,850            500             500   ........................
                                                    Pacific cod 5 ........................      BS .......................................         412,000               255,000        238,680         213,141                25,539
                                                                                                AI ........................................         23,400                17,600         12,839          11,465                  1,374
                                                    Sablefish .............................     BS .......................................           1,241                 1,052          1,052             447                       39
                                                                                                AI ........................................          1,681                 1,423          1,423             302                       27
                                                    Yellowfin sole ......................       BSAI ...................................           219,200               203,500        144,000         128,592                15,408
                                                    Greenland turbot .................          BSAI ...................................             7,416                 6,132          2,873           2,442                      n/a
                                                                                                BS .......................................              n/a                4,734          2,673           2,272                     286
                                                                                                AI ........................................             n/a                1,398            200             170   ........................
                                                    Arrowtooth flounder .............           BSAI ...................................            84,156                72,216         14,000          11,900                  1,498
                                                    Kamchatka flounder ............             BSAI ...................................            11,700                10,000          5,000           4,250   ........................
                                                    Rock sole 6 ..........................      BSAI ...................................           149,400               145,000         57,100          50,990                  6,110
                                                    Flathead sole 7 ....................        BSAI ...................................            77,544                64,580         21,000          18,753                  2,247
                                                    Alaska plaice .......................       BSAI ...................................            46,800                39,100         14,500          12,325   ........................
                                                    Other flatfish 8 .....................      BSAI ...................................            17,414                13,061          2,500           2,125   ........................
                                                    Pacific Ocean perch ............            BSAI ...................................            38,589                31,724         31,490          27,779                      n/a
                                                                                                BS .......................................              n/a                7,953          7,953           6,760   ........................
                                                                                                EAI ......................................              n/a                7,537          7,537           6,731                     806
                                                                                                CAI .....................................               n/a                7,002          7,000           6,251                     749
                                                                                                WAI .....................................               n/a                9,232          9,000           8,037                     963
                                                    Northern rockfish .................         BSAI ...................................            14,085                11,468          4,500           3,825   ........................
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Rougheye ............................       BSAI ...................................               855                   694            300             255   ........................
                                                    rockfish 9 ..............................   EBS/EAI .............................                   n/a                  216            100              85   ........................
                                                                                                CAI/WAI ..............................                  n/a                  478            200             170   ........................
                                                    Shortraker rockfish ..............          BSAI ...................................               690                   518            200             170   ........................
                                                    Other rockfish 10 ..................        BSAI ...................................             1,667                 1,250            875             744   ........................
                                                                                                BS .......................................              n/a                  695            325             276   ........................
                                                                                                AI ........................................             n/a                  555            550             468   ........................
                                                    Atka mackerel .....................         BSAI ...................................            99,490                85,840         55,000          49,115                  5,885
                                                                                                EAI/BS ................................                 n/a               29,296         28,500          25,451                  3,050



                                               VerDate Sep<11>2014        17:00 Dec 05, 2016       Jkt 241001       PO 00000       Frm 00017    Fmt 4702   Sfmt 4702   E:\FR\FM\06DEP1.SGM   06DEP1


                                                    87866                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                     TABLE 1—PROPOSED 2017 AND 2018 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL AL-
                                                        LOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI1—
                                                        Continued
                                                                                                                                            [Amounts are in metric tons]

                                                                                                                                                                               Proposed 2017 and 2018
                                                                  Species                                         Area
                                                                                                                                                   OFL                   ABC            TAC             ITAC 2           CDQ 3 4

                                                                                                CAI .....................................                 n/a              25,860          16,000          14,288                  1,712
                                                                                                WAI .....................................                 n/a              30,684          10,500           9,377                  1,124
                                                    Skates .................................    BSAI ...................................              47,674               39,943          26,000          22,100   ........................
                                                    Sculpins ...............................    BSAI ...................................              52,365               39,725           4,500           3,825   ........................
                                                    Sharks .................................    BSAI ...................................               1,363                1,022             125             106   ........................
                                                    Squids .................................    BSAI ...................................               6,912                5,184           1,500           1,275   ........................
                                                    Octopuses ...........................       BSAI ...................................               3,452                2,589             400             340   ........................

                                                          Total .............................   .............................................      4,935,455             3,128,135      2,000,000       1,790,446              196,895
                                                       1 These   amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of
                                                    these harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District.
                                                       2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and the Amendment 80 species (Atka mackerel,
                                                    Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 15 percent of each TAC is put into a reserve. The
                                                    ITAC for these species is the remainder of the TAC after the subtraction of these reserves.
                                                       3 For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific
                                                    cod), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish
                                                    TAC is allocated to hook-and-line gear or pot gear, and 7.5 percent of the sablefish TAC is allocated to trawl gear. The 2017 hook-and-line and
                                                    pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2017 and 2018 harvest specifications. 10.7 percent of
                                                    the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)).
                                                    Aleutian Islands Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish,
                                                    shortraker rockfish, rougheye rockfish, ‘‘other rockfish,’’ squids, octopuses, skates, sculpins, and sharks are not allocated to the CDQ program.
                                                       4 Under § 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10
                                                    percent) and second for the incidental catch allowance (4.0 percent), is further allocated by sector for a directed pollock fishery as follows:
                                                    inshore—50 percent; catcher/processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian
                                                    Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allow-
                                                    ance (2,400 mt), is allocated to the Aleut Corporation for a directed pollock fishery.
                                                       5 The Bering Sea subarea and Aleutian Islands subarea Pacific cod TACs are set to account for the State of Alaska guideline harvest level in
                                                    state waters of the Aleutian Islands subarea.
                                                       6 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
                                                       7 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
                                                       8 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole,
                                                    arrowtooth flounder, Kamchatka flounder, and Alaska plaice.
                                                       9 ‘‘Rougheye rockfish’’ includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
                                                       10 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rock-
                                                    fish.
                                                       Note: Regulatory areas and districts are defined at § 679.2 (BS=Bering Sea subarea, AI=Aleutian Islands subarea, EAI=Eastern Aleutian dis-
                                                    trict, CAI=Central Aleutian district, WAI=Western Aleutian district.)


                                                    Groundfish Reserves and the Incidental                                   Sections 679.20(a)(5)(i)(A) and 679.31(a)                to § 679.20(a)(5)(iii)(B)(2)(i) and (ii),
                                                    Catch Allowance (ICA) for Pollock, Atka                                  also require allocation of 10 percent of                 NMFS proposes a pollock ICA of 2,400
                                                    Mackerel, Flathead Sole, Rock Sole,                                      the BS pollock TACs to the pollock CDQ                   mt of the AI subarea TAC after
                                                    Yellowfin Sole, and AI Pacific Ocean                                     directed fishing allowance (DFA). The                    subtracting the 10 percent CDQ DFA.
                                                    Perch                                                                    entire Bogoslof District pollock TAC is                  This allowance is based on NMFS’
                                                                                                                             allocated as an ICA (see                                 examination of the pollock incidental
                                                       Section 679.20(b)(1)(i) requires NMFS
                                                                                                                             § 679.20(a)(5)(ii)). With the exception of               catch, including the incidental catch by
                                                    to reserve 15 percent of the TAC for
                                                                                                                             the hook-and-line and pot gear sablefish                 CDQ vessels, in target fisheries other
                                                    each target species category, except for
                                                    pollock, hook-and-line or pot gear                                       CDQ reserve, the regulations do not                      than pollock from 2003 through 2016.
                                                    allocation of sablefish, and Amendment                                   further apportion the CDQ reserves by                    During this 14-year period, the
                                                    80 species, in a non-specified reserve.                                  gear.                                                    incidental catch of pollock ranged from
                                                    Section 679.20(b)(1)(ii)(B) requires                                        Pursuant to § 679.20(a)(5)(i)(A)(1),                  a low of 5 percent in 2006 to a high of
                                                    NMFS to allocate 20 percent of the                                       NMFS proposes a pollock ICA of 4.0                       17 percent in 2013, with a 14-year
                                                    hook-and-line and pot gear allocation of                                 percent or 53,626 mt of the Bering Sea                   average of 8 percent.
                                                    sablefish to the fixed gear sablefish CDQ                                subarea pollock TAC after subtracting                       Pursuant to § 679.20(a)(8) and (10),
                                                    reserve. Section 679.20(b)(1)(ii)(D)                                     the 10 percent CDQ reserve. This                         NMFS proposes ICAs of 4,000 mt of
                                                    requires NMFS to allocate 7.5 percent of                                 allowance is based on NMFS’                              flathead sole, 5,000 mt of rock sole,
                                                    the trawl gear allocation of sablefish and                               examination of the pollock incidentally                  4,500 mt of yellowfin sole, 10 mt of
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    10.7 percent of Bering Sea Greenland                                     retained and discarded catch, including                  Western Aleutian District Pacific ocean
                                                    turbot and arrowtooth flounder to the                                    the incidental catch by CDQ vessels, in                  perch, 60 mt of Central Aleutian District
                                                    respective CDQ reserves. Section                                         target fisheries other than pollock from                 Pacific ocean perch, 100 mt of Eastern
                                                    679.20(b)(1)(ii)(C) requires NMFS to                                     2000 through 2016. During this 17-year                   Aleutian District Pacific ocean perch, 20
                                                    allocate 10.7 percent of the TACs for                                    period, the pollock incidental catch                     mt of Western Aleutian District Atka
                                                    Atka mackerel, AI Pacific ocean perch,                                   ranged from a low of 2.4 percent in 2006                 mackerel, 75 mt of Central Aleutian
                                                    yellowfin sole, rock sole, flathead sole,                                to a high of 4.8 percent in 2014, with a                 District Atka mackerel, and 1,000 mt of
                                                    and Pacific cod to the CDQ reserves.                                     17-year average of 3.2 percent. Pursuant                 Eastern Aleutian District and Bering Sea


                                               VerDate Sep<11>2014       17:00 Dec 05, 2016        Jkt 241001        PO 00000        Frm 00018    Fmt 4702   Sfmt 4702   E:\FR\FM\06DEP1.SGM   06DEP1


                                                                                  Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                       87867

                                                    subarea Atka mackerel after subtracting                                     AI subarea, the total A season                                     the proposed 2017 and 2018 allocations
                                                    the 10.7 percent CDQ reserve. These                                         apportionment of the pollock TAC may                               of pollock TAC. Tables 14 through 17
                                                    ICAs are based on NMFS’ examination                                         equal up to 40 percent of the ABC, and                             list the AFA catcher/processor and
                                                    of the average incidental retained and                                      the remainder of the pollock TAC is                                catcher vessel harvesting sideboard
                                                    discarded catch in other target fisheries                                   allocated to the B season                                          limits. The Bering Sea subarea inshore
                                                    from 2003 through 2016.                                                     (§ 679.20(a)(5)(iii)(B)(3)). Table 2 lists                         pollock cooperative and open access
                                                       The regulations do not designate the                                     these proposed 2017 and 2018 amounts.                              sector allocations are based on the
                                                    remainder of the non-specified reserve                                         Section 679.20(a)(5)(iii)(B)(6) sets                            submission of AFA inshore cooperative
                                                    by species or species group. Any                                            harvest limits for pollock in the A                                applications due to NMFS on December
                                                    amount of the reserve may be                                                season (January 20 to June 10) in Areas                            1 of each calendar year. Because AFA
                                                    apportioned to a target species that                                        543, 542, and 541. In Area 543, the A                              inshore cooperative applications for
                                                    contributed to the non-specified reserve                                    season pollock harvest limit is no more                            2017 have not been submitted to NMFS,
                                                    during the year, provided that such                                         than 5 percent of the Aleutian Islands                             and NMFS therefore cannot calculate
                                                    apportionments do not result in                                             pollock ABC. In Area 542, the A season                             2017 allocations, NMFS has not
                                                    overfishing (see § 679.20(b)(1)(i)).                                        pollock harvest limit is no more than 15                           included inshore cooperative text and
                                                    Allocations of Pollock TAC Under the                                        percent of the Aleutian Islands ABC. In                            tables in these proposed harvest
                                                    American Fisheries Act (AFA)                                                Area 541, the A season pollock harvest                             specifications. NMFS will post 2017
                                                                                                                                limit is no more than 30 percent of the                            AFA inshore cooperative allocations on
                                                       Section 679.20(a)(5)(i)(A) requires that
                                                                                                                                Aleutian Islands ABC.                                              the Alaska Region Web site at http://
                                                    Bering Sea pollock TAC be apportioned
                                                                                                                                   Section 679.20(a)(5)(i)(A)(4) also                              alaskafisheries.noaa.gov prior to the
                                                    after subtracting 10 percent for the CDQ
                                                    program and 4.0 percent for the ICA as                                      includes several specific requirements                             start of the fishing year on January 1,
                                                    a DFA as follows: 50 percent to the                                         regarding Bering Sea subarea pollock                               2017, based on the harvest
                                                    inshore sector, 40 percent to the                                           allocations. First, it requires that 8.5                           specifications effective on that date.
                                                    catcher/processor sector, and 10 percent                                    percent of the pollock allocated to the                               Table 2 also lists proposed seasonal
                                                    to the mothership sector. In the Bering                                     catcher/processor sector be available for                          apportionments of pollock and harvest
                                                    Sea subarea, 45 percent of the DFA is                                       harvest by AFA catcher vessels with                                limits within the Steller Sea Lion
                                                    allocated to the A season (January 20 to                                    catcher/processor sector endorsements,                             Conservation Area (SCA). The harvest of
                                                    June 10) and 55 percent of the DFA is                                       unless the Regional Administrator                                  pollock within the SCA, as defined at
                                                    allocated to the B season (June 10 to                                       receives a cooperative contract that                               § 679.22(a)(7)(vii), is limited to no more
                                                    November 1) (§§ 679.20(a)(5)(i)(B)(1)                                       allows the distribution of harvest among                           than 28 percent of the DFA before noon,
                                                    and 679.23(e)(2)). The AI directed                                          AFA catcher/processors and AFA                                     April 1, as provided in
                                                    pollock fishery allocation to the Aleut                                     catcher vessels in a manner agreed to by                           § 679.20(a)(5)(i)(C). The A season
                                                    Corporation is the amount of pollock                                        all members. Second, AFA catcher/                                  pollock SCA harvest limit will be
                                                    remaining in the AI subarea after                                           processors not listed in the AFA are                               apportioned to each sector in proportion
                                                    subtracting 1,900 mt for the CDQ DFA                                        limited to harvesting not more than 0.5                            to each sector’s allocated percentage of
                                                    (10 percent), and 2,400 mt for the ICA                                      percent of the pollock allocated to the                            the DFA. Table 2 lists these proposed
                                                    (§ 679.20(a)(5)(iii)(B)(2)(i)–(iii)). In the                                catcher/processor sector. Table 2 lists                            2017 and 2018 amounts by sector.

                                                      TABLE 2—PROPOSED 2017 AND 2018 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO
                                                                                 THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1
                                                                                                                                               [Amounts are in metric tons]

                                                                                                                                                                                                           A season 1                B season 1
                                                                                                                                                                            2017 and 2018
                                                                                                 Area and sector                                                              Allocations                           SCA harvest
                                                                                                                                                                                                 A season DFA                       B season DFA
                                                                                                                                                                                                                      limit 2

                                                    Bering Sea subarea TAC ..............................................................................                           1,340,643              n/a                n/a             n/a
                                                    CDQ DFA .......................................................................................................                   134,064          60,329             37,538          73,735
                                                    ICA 1 ...............................................................................................................              48,263              n/a                n/a             n/a
                                                    AFA Inshore ...................................................................................................                   579,158         260,621            162,164         318,537
                                                    AFA Catcher/Processors 3 .............................................................................                            463,326         208,497            129,731         254,829
                                                        Catch by C/Ps ........................................................................................                        423,943         190,775                 n/a        233,169
                                                        Catch by C/Vs 3 ......................................................................................                         39,383          17,722                 n/a         21,661
                                                               Unlisted C/P Limit 4 ..........................................................................                          2,317           1,042                 n/a          1,274
                                                    AFA Motherships ...........................................................................................                       115,832          52,124             32,433          63,707
                                                    Excessive Harvesting Limit 5 ..........................................................................                           202,705              n/a                n/a             n/a
                                                    Excessive Processing Limit 6 .........................................................................                            347,495              n/a                n/a             n/a
                                                    Total Bering Sea DFA (non-CDQ) .................................................................                                1,158,316         521,242            324,328         637,074
                                                    Aleutian Islands subarea ABC .......................................................................                               36,664              n/a                n/a             n/a
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Aleutian Islands subarea TAC .......................................................................                               19,000              n/a                n/a             n/a
                                                    CDQ DFA .......................................................................................................                     1,900             760                 n/a          1,140
                                                    ICA .................................................................................................................               2,400           1,200                 n/a          1,200
                                                    Aleut Corporation ...........................................................................................                      14,700          13,520                 n/a          1,180
                                                    Area harvest limit 7 .........................................................................................                         n/a             n/a                n/a             n/a
                                                    Area 541 harvest limit 7 ..................................................................................                        10,999              n/a                n/a             n/a
                                                    Area 542 harvest limit 7 ..................................................................................                         5,500              n/a                n/a             n/a
                                                    Area 543 harvest limit 7 ..................................................................................                         1,833              n/a                n/a             n/a




                                               VerDate Sep<11>2014         17:00 Dec 05, 2016          Jkt 241001       PO 00000        Frm 00019        Fmt 4702       Sfmt 4702    E:\FR\FM\06DEP1.SGM   06DEP1


                                                    87868                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                      TABLE 2—PROPOSED 2017 AND 2018 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO
                                                                           THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
                                                                                                                                        [Amounts are in metric tons]

                                                                                                                                                                                                 A season 1               B season 1
                                                                                                                                                                   2017 and 2018
                                                                                              Area and sector                                                        Allocations      A season DFA        SCA harvest    B season DFA
                                                                                                                                                                                                            limit 2

                                                    Bogoslof District ICA 8 ....................................................................................                100               n/a              n/a             n/a
                                                       1 Pursuant  to § 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (4.0
                                                    percent), is allocated as a DFA as follows: inshore sector 50 percent, catcher/processor sector 40 percent, and mothership sector 10 percent. In
                                                    the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the
                                                    B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ
                                                    DFA (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A
                                                    season is allocated 40 percent of the ABC, and the B season is allocated the remainder of the directed pollock fishery.
                                                       2 In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before noon, April 1.
                                                       3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors (C/Ps) shall be available for
                                                    harvest only by eligible catcher vessels (CVs) delivering to listed C/Ps.
                                                       4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
                                                    processor sector’s allocation of pollock.
                                                       5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock
                                                    DFAs not including CDQ.
                                                       6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock
                                                    DFAs not including CDQ.
                                                       7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 no more than 30 percent, in
                                                    Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC.
                                                       8 The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the final 2017 and 2018 harvest specifica-
                                                    tions for the BSAI. The amounts specified are for incidental catch only and are not apportioned by season or sector.


                                                    Allocation of the Atka Mackerel TACs                                   seasonal allowances. Section                                 6 to 50 CFR part 679 and located in
                                                       Section 679.20(a)(8) allocates the Atka                             679.23(e)(3) sets the first seasonal                         Areas 541, 542, and 543.
                                                    mackerel TACs to the Amendment 80                                      allowance for directed fishing with                             Two Amendment 80 cooperatives
                                                    and BSAI trawl limited access sectors,                                 trawl gear from January 20 through June                      have formed for the 2017 fishing year.
                                                    after subtracting the CDQ reserves, jig                                10 (A season), and the second seasonal                       Because all Amendment 80 vessels are
                                                    gear allocation, and ICAs for the BSAI                                 allowance from June 10 through                               part of a cooperative, no allocation to
                                                    trawl limited access sector and non-                                   December 31 (B season). Section                              the Amendment 80 limited access sector
                                                    trawl gear sectors (Table 3). The                                      679.23(e)(4)(iii) applies Atka mackerel                      is required. NMFS will post 2017
                                                    percentage of the ITAC for Atka                                        seasons to CDQ Atka mackerel fishing.                        Amendment 80 cooperative allocations
                                                    mackerel allocated to the Amendment                                    The ICA and jig gear allocations are not                     on the Alaska Region Web site at http://
                                                    80 and BSAI trawl limited access sectors                               apportioned by season.                                       alaskafisheries.noaa.gov prior to the
                                                    is listed in Table 33 to 50 CFR part 679                                                                                            start of the fishing year on January 1,
                                                                                                                              Section 679.20(a)(8)(ii)(C)(1)(i) and (ii)                2017, based on the harvest
                                                    and in § 679.91. Pursuant to                                           limits Atka mackerel catch within
                                                    § 679.20(a)(8)(i), up to 2 percent of the                                                                                           specifications effective on that date.
                                                                                                                           waters 0 nm to 20 nm of Steller sea lion                        Table 3 lists these 2017 and 2018 Atka
                                                    Eastern Aleutian District and Bering Sea
                                                                                                                           sites listed in Table 6 to 50 CFR part 679                   mackerel season allowances, area
                                                    subarea Atka mackerel ITAC may be
                                                    allocated to jig gear. The percentage of                               and located west of 178° W longitude to                      allowances, and the sector allocations.
                                                    this allocation is recommended                                         no more than 60 percent of the annual                        The 2018 allocations for Amendment 80
                                                    annually by the Council based on                                       TACs in Areas 542 and 543; and equally                       species between Amendment 80
                                                    several criteria, including the                                        divides the annual TAC between the A                         cooperatives and the Amendment 80
                                                    anticipated harvest capacity of the jig                                and B seasons as defined at                                  limited access sector will not be known
                                                    gear fleet. The Council recommended                                    § 679.23(e)(3). Section                                      until eligible participants apply for
                                                    and NMFS proposes a 0.5 percent                                        679.20(a)(8)(ii)(C)(2) requires the annual                   participation in the program by
                                                    allocation of the Atka mackerel ITAC in                                TAC in Area 543 will be no more than                         November 1, 2017. NMFS will post 2018
                                                    the Eastern Aleutian District and Bering                               65 percent of the ABC in Area 543.                           Amendment 80 cooperatives and
                                                    Sea subarea to jig gear in 2017 and 2018.                              Section 679.20(a)(8)(ii)(D) requires that                    Amendment 80 limited access
                                                    This percentage is applied to the TAC                                  any unharvested Atka mackerel A                              allocations on the Alaska Region Web
                                                    after subtracting the CDQ reserve and                                  season allowance that is added to the B                      site at http://alaskafisheries.noaa.gov
                                                    the ICA.                                                               season be prohibited from being                              prior to the start of the fishing year on
                                                       Section 679.20(a)(8)(ii)(A) apportions                              harvested within waters 0 nm to 20 nm                        January 1, 2018, based on the harvest
                                                    the Atka mackerel TAC into two equal                                   of Steller sea lion sites listed in Table                    specifications effective on that date.
mstockstill on DSK3G9T082PROD with PROPOSALS




                                               VerDate Sep<11>2014        17:00 Dec 05, 2016       Jkt 241001      PO 00000      Frm 00020       Fmt 4702      Sfmt 4702   E:\FR\FM\06DEP1.SGM   06DEP1


                                                                                   Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                                             87869

                                                              TABLE 3—PROPOSED 2017 AND 2018 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE,
                                                                INCIDENTAL CATCH ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC
                                                                                                                                                [Amounts are in metric tons]

                                                                                                                                                                                                               2017 and 2018 Allocation by area

                                                                                                   Sector 1                                                                Season 2 3 4                 Eastern Aleu-           Central                    Western
                                                                                                                                                                                                         tian District/         Aleutian                   Aleutian
                                                                                                                                                                                                         Bering Sea             District                   District

                                                    TAC ......................................................................................................     n/a .............................            28,500                  16,000                     10,500
                                                    CDQ reserve ........................................................................................           Total ..........................              3,050                    1,712                      1,124
                                                                                                                                                                   A ................................            1,525                       856                        562
                                                                                                                                                                   Critical habitat 5 .........                     n/a                      514                        337
                                                                                                                                                                   B ................................            1,525                       856                        562
                                                                                                                                                                   Critical habitat 5 .........                     n/a                      514                        337
                                                    ICA .......................................................................................................    Total ..........................              1,000                         75                         20
                                                    Jig 6 ......................................................................................................   Total ..........................                122     ........................   ........................
                                                    BSAI trawl limited access ....................................................................                 Total ..........................              2,433                    1,421       ........................
                                                                                                                                                                   A ................................            1,216                       711      ........................
                                                                                                                                                                   Critical habitat 5 .........                     n/a                      426      ........................
                                                                                                                                                                   B ................................            1,216                       711      ........................
                                                                                                                                                                   Critical habitat 5 .........                     n/a                      426      ........................
                                                    Amendment 80 7 ..................................................................................              Total ..........................             21,895                  12,792                       9,357
                                                    Alaska Groundfish Cooperative for 2017 ............................................                            Total ..........................             12,326                    7,615                      5,754
                                                                                                                                                                   A ................................            6,163                    3,808                      2,877
                                                                                                                                                                   Critical habitat 5 .........                     n/a                   2,285                      1,726
                                                                                                                                                                   B ................................            6,163                    3,808                      2,877
                                                                                                                                                                   Critical habitat 5 .........                     n/a                   2,285                      1,726
                                                    Alaska Seafood Cooperative for 2017 .................................................                          Total ..........................              9,570                    5,177                      3,603
                                                                                                                                                                   A ................................            4,785                    2,589                      1,802
                                                                                                                                                                   Critical habitat 5 .........                     n/a                   1,553                      1,081
                                                                                                                                                                   B ................................            4,785                    2,589                      1,802
                                                                                                                                                                   Critical habitat 5 .........                     n/a                   1,553                      1,081
                                                       1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the jig gear allocation, to the
                                                    Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited
                                                    access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ partici-
                                                    pants (see §§ 679.20(b)(1)(ii)(C) and 679.31).
                                                       2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
                                                       3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
                                                       4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10, and the B
                                                    season from June 10 to December 31.
                                                       5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of critical habi-
                                                    tat; paragraph (a)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3); and paragraph
                                                    (a)(8)(ii)(C)(2) requires the TAC in Area 543 shall be no more than 65 percent of ABC.
                                                       6 Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea subarea TAC be allocated to jig gear
                                                    after subtraction of the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
                                                       7 The 2018 allocations for Amendment 80 Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access sector
                                                    will not be known until eligible participants apply for participation in the program by November 1, 2017.


                                                    Allocation of the Pacific Cod TAC                                            follows: 1.4 percent to vessels using jig                                   The BSAI ITAC allocation of Pacific
                                                                                                                                 gear, 2.0 percent to hook-and-line or pot                                cod to the Amendment 80 sector is
                                                       The Council recommended and                                               catcher vessels less than 60 ft (18.3 m)                                 established in Table 33 to 50 CFR part
                                                    NMFS proposes separate BS and AI                                             length overall (LOA), 0.2 percent to                                     679 and § 679.91. Two Amendment 80
                                                    subarea OFLs, ABCs, and TACs for                                             hook-and-line catcher vessels greater                                    cooperatives have formed for the 2017
                                                    Pacific cod. Section 679.20(b)(1)(ii)(C)                                     than or equal to 60 ft (18.3 m) LOA, 48.7                                fishing year. Because all Amendment 80
                                                    allocates 10.7 percent of the BS TAC                                         percent to hook-and-line catcher/                                        vessels are part of a cooperative, no
                                                    and the AI TAC to the CDQ program.                                           processors, 8.4 percent to pot catcher                                   allocation to the Amendment 80 limited
                                                    After CDQ allocations have been                                              vessels greater than or equal to 60 ft                                   access sector is required. NMFS will
                                                    deducted from the respective BS and AI                                       (18.3 m) LOA, 1.5 percent to pot                                         post 2017 Amendment 80 cooperative
                                                    Pacific cod TACs, the remaining BS and                                       catcher/processors, 2.3 percent to AFA                                   allocations on the Alaska Region Web
                                                    AI Pacific cod TACs are combined for                                         trawl catcher/processors, 13.4 percent to                                site at http://alaskafisheries.noaa.gov
                                                    calculating further BSAI Pacific cod                                         non-AFA trawl catcher/processors, and                                    prior to the start of the fishing year on
                                                    sector allocations. However, if the non-                                     22.1 percent to trawl catcher vessels.                                   January 1, 2017, based on the harvest
                                                    CDQ Pacific cod TAC is or will be                                            The BSAI ICA for the hook-and-line and                                   specifications effective on that date.
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    reached in either the BS or AI subareas,                                     pot sectors will be deducted from the                                       The 2018 allocations for Amendment
                                                    NMFS will prohibit non-CDQ directed                                          aggregate portion of BSAI Pacific cod                                    80 species between Amendment 80
                                                    fishing for Pacific cod in that subarea,                                     TAC allocated to the hook-and-line and                                   cooperatives and the Amendment 80
                                                    as provided in § 679.20(d)(1)(iii).                                          pot sectors. For 2017 and 2018, the                                      limited access sector will not be known
                                                       Section 679.20(a)(7)(i) and (ii)                                          Regional Administrator proposes a BSAI                                   until eligible participants apply for
                                                    allocates the Pacific cod TAC in the                                         ICA of 500 mt, based on anticipated                                      participation in the program by
                                                    combined BSAI TAC, after subtracting                                         incidental catch by these sectors in                                     November 1, 2017. NMFS will post 2018
                                                    10.7 percent for the CDQ program, as                                         other fisheries.                                                         Amendment 80 cooperatives and


                                               VerDate Sep<11>2014          17:00 Dec 05, 2016          Jkt 241001       PO 00000       Frm 00021        Fmt 4702       Sfmt 4702      E:\FR\FM\06DEP1.SGM        06DEP1


                                                    87870                         Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                    Amendment 80 limited access                                              beginning of the next seasonal                           for AI Pacific cod by the percentage of
                                                    allocations on the Alaska Region Web                                     allowance.                                               Pacific cod estimated in Area 543. Based
                                                    site at http://alaskafisheries.noaa.gov                                     Section 679.20(a)(7)(vii) requires the                on these calculations, the Area 543
                                                    prior to the start of the fishing year on                                Regional Administrator to establish an                   harvest limit is 3,379 mt.
                                                    January 1, 2018, based on the harvest                                    Area 543 Pacific cod harvest limit based
                                                                                                                             on Pacific cod abundance in Area 543.                       The CDQ and non-CDQ season
                                                    specifications effective on that date.
                                                       The Pacific cod ITAC is apportioned                                   Based on the 2015 stock assessment, the                  allowances by gear based on the
                                                    into seasonal allowances to disperse the                                 Regional Administrator determined the                    proposed 2017 and 2018 Pacific cod
                                                    Pacific cod fisheries over the fishing                                   Area 543 Pacific cod harvest limit to be                 TACs are listed in Table 4 based on the
                                                    year (see §§ 679.20(a)(7), (a)(7)(iv)(A),                                26.3 percent of the AI Pacific cod TAC                   sector allocation percentages of Pacific
                                                    and 679.23(e)(5)). In accordance with                                    for 2017 and 2018. NMFS first                            cod set forth at § 679.20(a)(7)(i)(B) and
                                                    § 679.20(a)(7)(iv)(B) and (C), any unused                                subtracted the State GHL Pacific cod                     (a)(7)(iv)(A); and the seasonal
                                                    portion of a seasonal Pacific cod                                        amount from the AI Pacific cod ABC                       allowances of Pacific cod set forth at
                                                    allowance will become available at the                                   and then multiplied the remaining ABC                    § 679.23(e)(5).

                                                       TABLE 4—PROPOSED 2017 AND 2018 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI 1 PACIFIC COD TAC
                                                                                                                                        [Amounts are in metric tons]

                                                                                                                                                 2017 and              2017 and           2017 and 2018 seasonal apportionment
                                                                                                                                                   2018                  2018
                                                                                 Sector                                       Percent          share of gear            share of                      Season                          Amount
                                                                                                                                                sector total          sector total

                                                    Total Bering Sea TAC ..................................                            n/a           238,680                    n/a   n/a .........................................          n/a
                                                    Bering Sea CDQ ...........................................                         n/a            25,539                    n/a   See § 679.20(a)(7)(i)(B) ........                      n/a
                                                    Bering Sea non-CDQ TAC ...........................                                 n/a           213,141                    n/a   n/a .........................................          n/a
                                                    Total Aleutian Islands TAC ...........................                             n/a            12,839                    n/a   n/a .........................................          n/a
                                                    Aleutian Islands CDQ ...................................                           n/a             1,374                    n/a   See § 679.20(a)(7)(i)(B) ........                      n/a
                                                    Aleutian Islands non-CDQ TAC ....................                                  n/a            11,465                    n/a   n/a .........................................          n/a
                                                    Western Aleutians Islands Limit ...................                                n/a             3,379                    n/a   n/a .........................................          n/a
                                                    Total BSAI non-CDQ TAC 1 ..........................                                100           224,606                    n/a   n/a .........................................          n/a
                                                    Total hook-and-line/pot gear .........................                            60.8           136,561                    n/a   n/a .........................................          n/a
                                                    Hook-and-line/pot ICA 2 ................................                           n/a                n/a                  500    n/a .........................................          n/a
                                                    Hook-and-line/pot sub-total ...........................                            n/a           136,061                    n/a   n/a .........................................          n/a
                                                    Hook-and-line catcher/processors ................                                 48.7                n/a              108,983    Jan 1–Jun 10 ........................              55,581
                                                                                                                                                                                      Jun 10–Dec 31 .....................                53,402
                                                    Hook-and-line catcher vessels >60 ft LOA ..                                         0.2                 n/a                 448   Jan 1–Jun 10 ........................                 228
                                                                                                                                                                                      Jun 10–Dec 31 .....................                   219
                                                    Pot catcher/processors .................................                            1.5                 n/a               3,357   Jan 1–Jun 10 ........................               1,712
                                                                                                                                                                                      Sept 1–Dec 31 ......................                1,645
                                                    Pot catcher vessels >60 ft LOA ...................                                  8.4                 n/a             18,798    Jan 1–Jun 10 ........................               9,587
                                                                                                                                                                                      Sept 1–Dec 31 ......................                9,211
                                                    Catcher vessels <60 ft LOA using hook-                                               2                  n/a               4,476   n/a .........................................          n/a
                                                      and-line or pot gear.
                                                    Trawl catcher vessels ...................................                         22.1            49,638                    n/a   Jan 20–Apr 1 ........................              36,732
                                                                                                                                                                                      Apr 1–Jun 10 ........................               5,460
                                                                                                                                                                                      Jun 10–Nov 1 .......................                7,446
                                                    AFA trawl catcher/processors .......................                                2.3               5,166                 n/a   Jan 20–Apr 1 ........................               3,874
                                                                                                                                                                                      Apr 1–Jun 10 ........................               1,291
                                                                                                                                                                                      Jun 10–Nov 1 .......................                    0
                                                    Amendment 80 .............................................                        13.4            30,097                    n/a   Jan 20–Apr 1 ........................              22,573
                                                                                                                                                                                      Apr 1–Jun 10 ........................               7,524
                                                                                                                                                                                      Jun 10–Nov 1 .......................                    0
                                                    Alaska Groundfish Cooperative for 2017 3 ...                                        n/a               4,751                 n/a   Jan 20–Apr 1 ........................               3,563
                                                                                                                                                                                      Apr 1–Jun 10 ........................               1,188
                                                                                                                                                                                      Jun 10–Nov 1 .......................                    0
                                                    Alaska Seafood Cooperative for 2017 3 .......                                       n/a           25,346                    n/a   Jan 20–Apr 1 ........................              19,010
                                                                                                                                                                                      Apr 1–Jun 10 ........................               6,337
                                                                                                                                                                                      Jun 10–Nov 1 .......................                    0
                                                    Jig .................................................................               1.4               3,144                 n/a   Jan 1–Apr 30 ........................               1,887
                                                                                                                                                                                      Apr 30–Aug 31 .....................                   629
                                                                                                                                                                                      Aug 31–Dec 31 .....................                   629
                                                       1 The gear shares and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs. If the TAC for
                                                    Pacific cod in either the AI or BS is reached, then directed fishing for Pacific cod in that subarea may be prohibited, even if a BSAI allowance re-
                                                    mains.
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                       2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line
                                                    and pot sectors. The Regional Administrator proposes an ICA of 500 mt for 2017 and 2018 based on anticipated incidental catch in these fish-
                                                    eries.
                                                       3 The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
                                                    be known until eligible participants apply for participation in the program by November 1, 2017.




                                               VerDate Sep<11>2014         17:00 Dec 05, 2016          Jkt 241001       PO 00000   Frm 00022   Fmt 4702   Sfmt 4702    E:\FR\FM\06DEP1.SGM       06DEP1


                                                                                 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                  87871

                                                    Sablefish Gear Allocation                                                    apportion 20 percent of the hook-and-                   are limited to the 2017 fishing year to
                                                                                                                                 line or pot gear allocation of sablefish to             ensure those fisheries are conducted
                                                       Section 679.20(a)(4)(iii) and (iv)                                        the CDQ reserve. Additionally,                          concurrently with the halibut IFQ
                                                    requires allocation of sablefish TACs for                                    § 679.20(b)(1)(ii)(D)(1) requires that 7.5              fishery. Concurrent sablefish and
                                                    the Bering Sea and AI subareas between                                       percent of the trawl gear allocation of                 halibut IFQ fisheries reduce the
                                                    trawl gear and hook-and-line or pot                                          sablefish from the nonspecified                         potential for discards of halibut and
                                                    gear. Gear allocations of the TACs for                                       reserves, established under                             sablefish in those fisheries. The
                                                    the Bering Sea subarea are 50 percent                                        § 679.20(b)(1)(i), be apportioned to the                sablefish IFQ fisheries remain closed at
                                                    for trawl gear and 50 percent for hook-                                      CDQ reserve. The Council has                            the beginning of each fishing year until
                                                    and-line or pot gear. Gear allocations for                                   recommended that only trawl sablefish                   the final harvest specifications for the
                                                    the TACs for the AI subarea are 25                                           TAC be established biennially. The                      sablefish IFQ fisheries are in effect.
                                                    percent for trawl gear and 75 percent for                                    harvest specifications for the hook-and-                Table 5 lists the proposed 2017 and
                                                    hook-and-line or pot gear. Section                                           line gear and pot gear sablefish                        2018 gear allocations of the sablefish
                                                    679.20(b)(1)(ii)(B) requires NMFS to                                         Individual Fishing Quota (IFQ) fisheries                TAC and CDQ reserve amounts.

                                                                     TABLE 5—PROPOSED 2017 AND 2018 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
                                                                                                                                          [Amounts are in metric tons]

                                                                                                                         Percent          2017 Share                            2017 CDQ     2018 Share                         2018 CDQ
                                                                     Subarea and gear                                                                        2017 ITAC 1                                      2018 ITAC
                                                                                                                         of TAC             of TAC                               reserve       of TAC                            reserve

                                                    Bering Sea:
                                                        Trawl .................................................                      50             526               447               39             526             447                39
                                                        Hook-and-line gear 2 .........................                               50             526                n/a             105              n/a             n/a              n/a

                                                                 Total ...........................................                  100           1,052               447              145             526             447                39

                                                    Aleutian Islands:
                                                        Trawl .................................................                      25              356              302               27             356             302                27
                                                        Hook-and-line gear 2 .........................                               75            1,067               n/a             213              n/a             n/a              n/a

                                                                 Total ...........................................                  100           1,423               302              240             356             302                27
                                                       1 Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of
                                                    the TAC after the subtraction of these reserves.
                                                      2 For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use
                                                    by CDQ participants. Section 679.20(b)(1) does not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
                                                      Note: Seasonal or sector apportionments may not total precisely due to rounding.


                                                    Allocation of the Aleutian Islands                                           yellowfin sole to the Amendment 80                      cooperatives and the Amendment 80
                                                    Pacific Ocean Perch, and BSAI Flathead                                       sector is established in Tables 33 and 34               limited access sector will not be known
                                                    Sole, Rock Sole, and Yellowfin Sole                                          to 50 CFR part 679 and in § 679.91.                     until eligible participants apply for
                                                    TACs                                                                            Two Amendment 80 cooperatives                        participation in the program by
                                                                                                                                 have formed for the 2017 fishing year.                  November 1, 2017. NMFS will post 2018
                                                       Section 679.20(a)(10)(i) and (ii)                                         Because all Amendment 80 vessels are                    Amendment 80 cooperatives and
                                                    requires that NMFS allocate AI Pacific                                       part of a cooperative, no allocation to                 Amendment 80 limited access
                                                    ocean perch, and BSAI flathead sole,                                         the Amendment 80 limited access sector
                                                    rock sole, and yellowfin sole TACs                                                                                                   allocations on the Alaska Region Web
                                                                                                                                 is required. NMFS will post 2017
                                                    between the Amendment 80 and BSAI                                                                                                    site at http://alaskafisheries.noaa.gov
                                                                                                                                 Amendment 80 cooperative allocations
                                                    trawl limited access sectors, after                                                                                                  prior to the start of the fishing year on
                                                                                                                                 on the Alaska Region Web site at http://
                                                    subtracting 10.7 percent for the CDQ                                         alaskafisheries.noaa.gov prior to the                   January 1, 2018, based on the harvest
                                                    reserve and an ICA for the BSAI trawl                                        start of the fishing year on January 1,                 specifications effective on that date.
                                                    limited access sector and vessels using                                      2017, based on the harvest                              Table 6 lists the proposed 2017 and
                                                    non-trawl gear. The allocation of the                                        specifications effective on that date.                  2018 allocations of the AI Pacific ocean
                                                    ITAC for AI Pacific ocean perch, and                                            The 2018 allocations for Amendment                   perch, and BSAI flathead sole, rock sole,
                                                    BSAI flathead sole, rock sole, and                                           80 species between Amendment 80                         and yellowfin sole TACs.

                                                      TABLE 6—PROPOSED 2017 AND 2018 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH
                                                        AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI
                                                        FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS
                                                                                                                                          [Amounts are in metric tons]
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                                                                                           2017 and 2018 allocations

                                                                                                                                                Pacific ocean perch
                                                                                    Sector                                                                                             Flathead sole       Rock sole          Yellowfin sole
                                                                                                                                    Eastern          Central              Western
                                                                                                                                    Aleutian         Aleutian             Aleutian
                                                                                                                                     district         district             district        BSAI               BSAI                BSAI

                                                    TAC ......................................................................            7,537              7,000             9,000          21,000            57,100              144,000
                                                    CDQ .....................................................................               806                749               963           2,247             6,110               15,408



                                               VerDate Sep<11>2014         17:00 Dec 05, 2016         Jkt 241001      PO 00000       Frm 00023    Fmt 4702    Sfmt 4702    E:\FR\FM\06DEP1.SGM    06DEP1


                                                    87872                         Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                      TABLE 6—PROPOSED 2017 AND 2018 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH
                                                        AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI
                                                        FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS—Continued
                                                                                                                                               [Amounts are in metric tons]

                                                                                                                                                                                        2017 and 2018 allocations

                                                                                                                                                     Pacific ocean perch
                                                                                     Sector                                                                                                              Flathead sole       Rock sole     Yellowfin sole
                                                                                                                                       Eastern                Central                Western
                                                                                                                                       Aleutian               Aleutian               Aleutian
                                                                                                                                        district               district               district               BSAI              BSAI            BSAI

                                                    ICA .......................................................................                 100                      60                     10               4,000             5,000           4,500
                                                    BSAI trawl limited access ....................................                              663                     619                    161                   0                 0          14,579
                                                    Amendment 80 .....................................................                        5,967                   5,572                  7,866              14,753            45,990         109,513
                                                    Alaska Groundfish Cooperative for 2017 1 ..........                                       3,164                   2,954                  4,171               1,513            11,377          43,510
                                                    Alaska Seafood Cooperative for 2017 1 ..............                                      2,803                   2,617                  3,695              13,240            34,614          66,003
                                                      1 The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
                                                    be known until eligible participants apply for participation in the program by November 1, 2017.


                                                      Section 679.2 defines the ABC surplus                                       cooperatives from achieving, on a                                        minus the CDQ ABC reserves. Section
                                                    for flathead sole, rock sole, and                                             continuing basis, the optimum yield in                                   679.91(i)(2) establishes each
                                                    yellowfin sole as the difference between                                      the BSAI groundfish fisheries. NMFS,                                     Amendment 80 cooperative ABC reserve
                                                    the annual ABC and TAC for each                                               after consultation with the Council, may                                 to be the ratio of each cooperatives’
                                                    species. Section 679.20(b)(1)(iii)                                            set the ABC reserve at or below the ABC                                  quota share units and the total
                                                    establishes ABC reserves for flathead                                         surplus for each species thus                                            Amendment 80 quota share units,
                                                    sole, rock sole, and yellowfin sole. The                                      maintaining the TAC below ABC limits.                                    multiplied by the Amendment 80 ABC
                                                    ABC surpluses and the ABC reserves are                                        An amount equal to 10.7 percent of the                                   reserve for each respective species.
                                                    necessary to mitigate the operational                                         ABC reserves will be allocated as CDQ                                    Table 7 lists the 2017 and 2018 ABC
                                                    variability, environmental conditions,                                        reserves for flathead sole, rock sole, and                               surplus and ABC reserves for BSAI
                                                    and economic factors that may constrain                                       yellowfin sole. The Amendment 80 ABC                                     flathead sole, rock sole, and yellowfin
                                                    the CDQ groups and the Amendment 80                                           reserves shall be the ABC reserves                                       sole.

                                                      TABLE 7—PROPOSED 2017 AND 2018 ABC SURPLUS, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND
                                                             AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE
                                                                                                                                               [Amounts are in metric tons]

                                                                                                                       Sector                                                                            Flathead sole       Rock sole     Yellowfin sole

                                                    ABC ..............................................................................................................................................          64,580          145,000          203,500
                                                    TAC ..............................................................................................................................................          21,000           57,100          144,000
                                                    ABC surplus .................................................................................................................................               43,580           87,900           59,500
                                                    ABC reserve ................................................................................................................................                43,580           87,900           59,500
                                                    CDQ ABC reserve .......................................................................................................................                      4,663            9,405            6,367
                                                    Amendment 80 ABC reserve .......................................................................................................                            38,917           78,495           53,134
                                                    Alaska Groundfish Cooperative for 2017 1 ..................................................................................                                  3,992           19,417           21,112
                                                    Alaska Seafood Cooperative for 2017 1 ......................................................................................                                34,925           59,077           32,022
                                                      1 The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
                                                    be known until eligible participants apply for participation in the program by November 1, 2017.


                                                    Proposed PSC Limits for Halibut,                                              allowances among six fishery categories,                                 exempts pot gear, jig gear, and the
                                                    Salmon, Crab, and Herring                                                     and § 679.21(b)(1)(ii)(A) and (B) and                                    sablefish IFQ hook-and-line gear fishery
                                                                                                                                  §§ 679.21(e)(3)(i)(B) and 679.21(e)(3)(iv)                               categories from halibut bycatch
                                                       Section 679.21(b), (e), (f), and (g) sets
                                                                                                                                  require apportionment of the BSAI trawl                                  restrictions for the following reasons: (1)
                                                    forth the BSAI PSC limits. Pursuant to
                                                    § 679.21(b)(1), the 2017 and 2018 BSAI                                        limited access halibut and crab PSC                                      The pot gear fisheries have low halibut
                                                    halibut PSC limits total 3,515 mt.                                            limits into PSC allowances among seven                                   bycatch mortality; (2) NMFS estimates
                                                    Section 679.21(b)(1) allocates 315 mt of                                      fishery categories. Table 10 lists the                                   halibut mortality for the jig gear fleet to
                                                    the halibut PSC limit as the PSQ reserve                                      fishery PSC allowances for the BSAI                                      be negligible because of the small size
                                                    for use by the groundfish CDQ program,                                        trawl limited access fisheries, and Table                                of the fishery and the selectivity of the
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    1,745 mt of halibut PSC limit for the                                         11 lists the fishery PSC allowances for                                  gear; and (3) the sablefish and halibut
                                                    Amendment 80 sector, 745 mt of halibut                                        the non-trawl fisheries.                                                 IFQ fisheries have low halibut bycatch
                                                    PSC limit for the BSAI trawl limited                                             Pursuant to Section 3.6 of the FMP,                                   mortality because the IFQ program
                                                    access sector, and 710 mt of halibut                                          the Council recommends, and NMFS                                         requires legal-size halibut to be retained
                                                    mortality for the BSAI non-trawl sector.                                      agrees, that certain specified non-trawl                                 by vessels using hook-and-line gear if a
                                                       Section 679.21(b)(1)(iii)(A) and (B)                                       fisheries be exempt from the halibut                                     halibut IFQ permit holder or a hired
                                                    authorizes apportionment of the non-                                          PSC limit. As in past years, after                                       master is aboard and is holding unused
                                                    trawl halibut PSC limit into PSC                                              consultation with the Council, NMFS                                      halibut IFQ (subpart D of 50 CFR part


                                               VerDate Sep<11>2014         17:00 Dec 05, 2016          Jkt 241001       PO 00000        Frm 00024        Fmt 4702       Sfmt 4702       E:\FR\FM\06DEP1.SGM         06DEP1


                                                                          Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                           87873

                                                    679). As of November 2016, total                        PSC limit is 60,000, and the AFA sector               estimate of more than 8.4 million red
                                                    groundfish catch for the pot gear fishery               Chinook salmon allocations are                        king crab and the effective spawning
                                                    in the BSAI was 43,079 mt, with an                      seasonally allocated with 70 percent of               biomass estimate of more than 14.5
                                                    associated halibut bycatch mortality of 2               the allocation for the A season pollock               million lbs (6,577 mt) but less than 55
                                                    mt.                                                     fishery, and 30 percent of the allocation             million lbs (24,948 mt).
                                                       The 2016 jig gear fishery harvested                  for the B season pollock fishery as stated               Section 679.21(e)(3)(ii)(B)(2)
                                                    about 47 mt of groundfish. Most vessels                 in § 679.21(f)(3)(iii)(A). Additionally, in           establishes criteria under which NMFS
                                                    in the jig gear fleet are exempt from                   2017, the Chinook salmon bycatch                      must specify an annual red king crab
                                                    observer coverage requirements. As a                    performance standard under                            bycatch limit for the Red King Crab
                                                    result, observer data are not available on              § 679.21(f)(6) is 47,591 Chinook salmon,              Savings Subarea (RKCSS). The
                                                    halibut bycatch in the jig gear fishery.                allocated to each sector as specified in              regulations limit the RKCSS to up to 25
                                                    However, as mentioned above, NMFS                       § 679.21(f)(3)(iii)(C).                               percent of the red king crab PSC
                                                    estimates a negligible amount of halibut                   The basis for these PSC limits is                  allowance based on the need to
                                                    bycatch mortality because of the                        described in detail in the final rule                 optimize the groundfish harvest relative
                                                    selective nature of jig gear and the low                implementing management measures for                  to red king crab bycatch. NMFS
                                                    mortality rate of halibut caught with jig               Amendment 91 (75 FR 53026, August                     proposes the Council’s recommendation
                                                    gear and released.                                      30, 2010) and Amendment 110 (81 FR                    that the red king crab bycatch limit be
                                                       Under § 679.21(f)(2), NMFS annually                  37534, June 10, 2016). NMFS publishes                 equal to 25 percent of the red king crab
                                                    allocates portions of either 33,318,                    the approved IPAs, allocations, and                   PSC allowance within the RKCSS (Table
                                                    45,000, 47,591, or 60,000 Chinook                       reports at http://alaskafisheries.noaa.               9).
                                                    salmon PSC limits among the AFA                         gov/sustainablefisheries/bycatch/                        Based on 2016 survey data, Tanner
                                                    sectors, depending on past bycatch                      default.htm.                                          crab (Chionoecetes bairdi) abundance is
                                                    performance, on whether Chinook                            Section 679.21(g)(2)(i) specifies 700              estimated at 285 million animals.
                                                    salmon bycatch incentive plan                           fish as the 2017 and 2018 Chinook                     Pursuant to criteria set out at
                                                    agreements (IPAs) are formed, and on                    salmon PSC limit for the AI subarea                   § 679.21(e)(1)(ii), the calculated 2017
                                                    whether NMFS determines it is a low                     pollock fishery. Section 679.21(g)(2)(ii)             and 2018 C. bairdi crab PSC limit for
                                                    Chinook salmon abundance year. NMFS                     allocates 7.5 percent, or 53 Chinook                  trawl gear is 830,000 animals in Zone 1,
                                                    will determine that it is a low Chinook                 salmon, as the AI subarea PSQ for the                 and 2,070,000 animals in Zone 2. In
                                                    salmon abundance year when                              CDQ program and allocates the                         Zone 1, C. bairdi abundance was
                                                    abundance of Chinook salmon in                          remaining 647 Chinook salmon to the                   estimated to be greater than 270 million
                                                    western Alaska is less than or equal to                 non-CDQ fisheries.                                    and less than 400 million animals. In
                                                    250,000 Chinook salmon. The State of                       Section 679.21(f)(14)(i) specifies                 Zone 2, C. bairdi abundance was
                                                    Alaska provides to NMFS an estimate of                  42,000 fish as the 2017 and 2018 non-                 estimated to be greater than 175 million
                                                    Chinook salmon abundance using the 3-                   Chinook salmon PSC limit in the                       animals and less than 290 million
                                                    System Index for western Alaska based                   Catcher Vessel Operational Area                       animals.
                                                    on the Kuskokwim, Unalakleet, and                       (CVOA). Section 679.21(f)(14)(ii)                        Pursuant to § 679.21(e)(1)(iii), the PSC
                                                    Upper Yukon aggregate stock grouping.                   allocates 10.7 percent, or 4,494, non-                limit for snow crab (C. opilio) is based
                                                       If an AFA sector participates in an                  Chinook salmon in the CVOA as the                     on total abundance as indicated by the
                                                    approved IPA and it is not a low                        PSQ for the CDQ program, and allocates                NMFS annual bottom trawl survey. The
                                                    Chinook salmon abundance year, then                     the remaining 37,506 non-Chinook                      C. opilio crab PSC limit in the C. opilio
                                                    NMFS will allocate a portion of the                     salmon to the non-CDQ fisheries.                      bycatch limitation zone (COBLZ) is set
                                                    60,000 PSC limit to that sector as                         PSC limits for crab and herring are                at 0.1133 percent of the Bering Sea
                                                    specified in § 679.21(f)(3)(iii)(A). If no              specified annually based on abundance                 abundance index minus 150,000 crabs.
                                                    IPA is approved, or if the sector has                   and spawning biomass. Due to the lack                 Based on the 2016 survey estimate of
                                                    exceeded its performance standard                       of new information as of October 2016                 8.169 billion animals, the calculated C.
                                                    under § 679.21(f)(6), and it is not a low               regarding herring PSC limits and                      opilio crab PSC limit is 9,105,477
                                                    abundance year, NMFS will allocate a                    apportionments, the Council                           animals.
                                                    portion of the 47,591 Chinook salmon                    recommended and NMFS proposes                            Pursuant to § 679.21(e)(1)(v), the PSC
                                                    PSC limit to that sector as specified in                basing the herring 2017 and 2018 PSC                  limit of Pacific herring caught while
                                                    § 679.21(f)(3)(iii)(C). If an AFA sector                limits and apportionments on the 2015                 conducting any trawl operation for BSAI
                                                    participates in an approved IPA in a low                survey data. The Council will                         groundfish is 1 percent of the annual
                                                    abundance year, then NMFS will                          reconsider these amounts in December                  eastern Bering Sea herring biomass. The
                                                    allocate a portion of the 45,000 PSC                    2016.                                                 best estimate of 2017 and 2018 herring
                                                    limit to that sector as specified in                       Section 679.21(e)(3)(i)(A)(1) allocates            biomass is 263,098 mt. This amount was
                                                    § 679.21(f)(3)(iii)(B). If no IPA is                    10.7 percent of each trawl gear PSC                   developed by the Alaska Department of
                                                    approved, or if the sector has exceeded                 limit specified for crab as a PSQ reserve             Fish and Game based on spawning
                                                    its performance standard under                          for use by the groundfish CDQ program.                location estimates. Therefore, the
                                                    § 679.21(f)(6) in a low abundance year,                    Based on 2016 survey data, the red                 herring PSC limit proposed for 2017 and
                                                    NMFS will allocate a portion of the                     king crab mature female abundance is                  2018 is 2,631 mt for all trawl gear as
                                                    33,318 Chinook salmon PSC limit to                      estimated at 22.8 million red king crabs,             listed in Tables 8 and 9.
                                                    that sector as specified in                             which is above the threshold of 8.4                      Section 679.21(e)(3)(i)(A) requires
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    § 679.21(f)(3)(iii)(D).                                 million red king crabs, and the effective             PSQ reserves to be subtracted from the
                                                       As of October 1, 2016, NMFS has                      spawning biomass is estimated at 42.2                 total trawl PSC limits. The amount of
                                                    determined that it is not a low Chinook                 million lbs (19,148 mt). Based on the                 the 2017 PSC limits assigned to the
                                                    salmon abundance year based on the                      criteria set out at § 679.21(e)(1)(i), the            Amendment 80 and BSAI trawl limited
                                                    State of Alaska’s estimate that Chinook                 proposed 2017 and 2018 PSC limit of                   access sectors are specified in Table 35
                                                    salmon abundance in western Alaska is                   red king crab in Zone 1 for trawl gear                to 50 CFR part 679. The resulting
                                                    greater than 250,000 Chinook salmon.                    is 97,000 animals. This limit derives                 allocations of PSC limits to CDQ PSQ,
                                                    Therefore, in 2017, the Chinook salmon                  from the mature female abundance                      the Amendment 80 sector, and the BSAI


                                               VerDate Sep<11>2014   17:00 Dec 05, 2016   Jkt 241001   PO 00000   Frm 00025   Fmt 4702   Sfmt 4702   E:\FR\FM\06DEP1.SGM   06DEP1


                                                    87874                         Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                    trawl limited access sector are listed in                                      The 2018 PSC limit allocations                                            harvest the available groundfish TAC
                                                    Table 8. Pursuant to § 679.21(b)(1)(i),                                     between Amendment 80 cooperatives                                            and to minimize bycatch. The factors
                                                    § 679.21(e)(3)(vi), and § 679.91(d)                                         and the Amendment 80 limited access                                          considered are (1) seasonal distribution
                                                    through (f), crab and halibut trawl PSC                                     sector will not be known until eligible                                      of prohibited species, (2) seasonal
                                                    limits established for the Amendment                                        participants apply for participation in                                      distribution of target groundfish species,
                                                    80 sector are then further established for                                  the program by November 1, 2017.                                             (3) PSC bycatch needs on a seasonal
                                                    Amendment 80 cooperatives as PSC                                            NMFS will post 2018 Amendment 80                                             basis relevant to prohibited species
                                                    cooperative quota as listed in Table 12.                                    cooperatives and Amendment 80                                                biomass, (4) expected variations in
                                                    Two Amendment 80 cooperatives have                                          limited access allocations on the Alaska                                     bycatch rates throughout the year, (5)
                                                    formed for the 2017 fishing year.                                           Region Web site at http://alaska
                                                                                                                                                                                                             expected changes in directed groundfish
                                                                                                                                fisheries.noaa.gov prior to the start of
                                                    Because all Amendment 80 vessels are                                                                                                                     fishing seasons, (6) expected start of
                                                                                                                                the fishing year on January 1, 2018,
                                                    part of a cooperative, no allocation to                                     based on the harvest specifications                                          fishing effort, and (7) economic effects
                                                    the Amendment 80 limited access sector                                      effective on that date.                                                      of seasonal PSC apportionments on
                                                    is required. NMFS will post 2017                                               Section 679.21(b)(2) and (e)(5)                                           industry sectors. The Council
                                                    Amendment 80 cooperative allocations                                        authorizes NMFS, after consulting with                                       recommended and NMFS proposes the
                                                    on the Alaska Region Web site at http://                                    the Council, to establish seasonal                                           seasonal PSC apportionments in Table
                                                    alaskafisheries.noaa.gov prior to the                                       apportionments of PSC amounts for the                                        10 to maximize harvest among gear
                                                    start of the fishing year on January 1,                                     BSAI trawl limited access and                                                types, fisheries, and seasons while
                                                    2017, based on the harvest                                                  Amendment 80 limited access sectors to                                       minimizing bycatch of PSC based on the
                                                    specifications effective on that date.                                      maximize the ability of the fleet to                                         above criteria.

                                                       TABLE 8—PROPOSED 2017 AND 2018 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL
                                                                GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS
                                                                                                                                                                                 Trawl PSC                                                           BSAI trawl
                                                                                                                            Non-trawl                 Total trawl                remaining                  CDQ PSQ                Amendment
                                                                 PSC species and area 1                                                                                                                                                            limited access
                                                                                                                              PSC                       PSC                      after CDQ                   reserve 2              80 sector           fishery
                                                                                                                                                                                    PSQ

                                                    Halibut mortality (mt) BSAI ......................                                   710                  2,805                         n/a                        315                1,745              745
                                                    Herring (mt) BSAI ....................................                                n/a                 2,631                         n/a                         n/a                  n/a              n/a
                                                    Red king crab (animals) Zone 1 ..............                                         n/a                97,000                     86,621                      10,379               43,293           26,489
                                                    C. opilio (animals) COBLZ .......................                                     n/a             9,105,477                  8,131,191                     974,286            3,996,480        2,613,365
                                                    C. bairdi crab (animals) Zone 1 ...............                                       n/a               830,000                    741,190                      88,810              312,115          348,285
                                                    C. bairdi crab (animals) Zone 2 ...............                                       n/a             2,070,000                  1,848,510                     221,490              437,542          865,288
                                                       1 Refer   to § 679.2 for definitions of zones.
                                                       2 The    PSQ reserve for crab species is 10.7 percent of each crab PSC limit.

                                                       TABLE 9—PROPOSED 2017 AND 2018 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH
                                                                                      ALLOWANCES FOR ALL TRAWL SECTORS
                                                                                                                                                                                                                                                   Red king crab
                                                                                                                                                                                                                                   Herring (mt)
                                                                                                                           Fishery categories                                                                                                        (animals)
                                                                                                                                                                                                                                      BSAI            Zone 1

                                                    Yellowfin sole ...........................................................................................................................................................              179              n/a
                                                    Rock sole/flathead sole/other flatfish 1 ....................................................................................................................                            29              n/a
                                                    Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish .....................................................................                                                  19              n/a
                                                    Rockfish ...................................................................................................................................................................             13              n/a
                                                    Pacific cod ...............................................................................................................................................................              40              n/a
                                                    Midwater trawl pollock .............................................................................................................................................                  2,151              n/a
                                                    Pollock/Atka mackerel/other species 2 3 ...................................................................................................................                             199               n/a
                                                    Red king crab savings subarea non-pelagic trawl gear 4 ........................................................................................                                         n/a           24,250

                                                          Total trawl PSC ................................................................................................................................................                2,631           97,000
                                                       1 ‘‘Otherflatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole,
                                                    Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
                                                      2 Pollock other than midwater trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category.
                                                      3 ‘‘Other species’’ for PSC monitoring includes sculpins, sharks, skates, squids, and octopuses.
                                                      4 In October 2016 the Council recommended that the red king crab bycatch limit for non-pelagic trawl fisheries within the RKCSS be limited to
                                                    25 percent of the red king crab PSC allowance (see § 679.21(e)(3)(ii)(B)(2)).
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                      Note: Species apportionments may not total precisely due to rounding.




                                               VerDate Sep<11>2014         17:00 Dec 05, 2016          Jkt 241001       PO 00000       Frm 00026        Fmt 4702       Sfmt 4702       E:\FR\FM\06DEP1.SGM              06DEP1


                                                                                 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                                          87875

                                                         TABLE 10–PROPOSED 2017 AND 2018 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED
                                                                                                  ACCESS SECTOR
                                                                                                                                                                                          Prohibited species and area 1

                                                                      BSAI trawl limited access fisheries                                             Halibut               Red king crab                  C. opilio                   C. bairdi (animals)
                                                                                                                                                    mortality (mt)            (animals)                   (animals)
                                                                                                                                                       BSAI                    Zone 1                      COBLZ                    Zone 1               Zone 2

                                                    Yellowfin sole .......................................................................                        150                   23,338                2,463,587                293,234             826,258
                                                    Rock sole/flathead sole/other flatfish 2 .................................                                      0                        0        ........................               0
                                                    Greenland turbot/arrowtooth flounder/Kamchatka flounder/
                                                      sablefish ...........................................................................                         0                         0       ........................               0
                                                    Rockfish April 15–December 31 ..........................................                                        4                         0                      4,069                   0                  697
                                                    Pacific cod ............................................................................                      391                     2,954                  105,008                50,816               34,848
                                                    Pollock/Atka mackerel/other species 3 .................................                                       200                       197                    40,701                4,235                3,485
                                                          Total BSAI trawl limited access PSC ...........................                                         745                   26,489                2,613,365                348,285             865,288
                                                       1 Referto § 679.2 for definitions of areas.
                                                       2 ‘‘Otherflatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole,
                                                    Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
                                                      3 ‘‘Other species’’ for PSC monitoring includes sculpins, sharks, skates, squids, and octopuses.
                                                      Note: Species apportionments may not total precisely due to rounding.

                                                            TABLE 11—PROPOSED 2017 AND 2018 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL
                                                                                                     FISHERIES
                                                                                                                                                 Halibut mortality (mt) BSAI

                                                                                                                                                                                                          Catcher/
                                                                        Non-trawl fisheries                                                              Seasons                                                                 Catcher vessel     All non-trawl
                                                                                                                                                                                                         processor

                                                    Pacific cod ......................................................       Annual Pacific cod .........................................                              648                    13   n/a
                                                                                                                               January 1–June 10 .....................................                                 388                     9   n/a
                                                                                                                               June 10–August 15 ....................................                                  162                     2   n/a
                                                                                                                               August 15–December 31 ............................                                       98                     2   n/a
                                                    Non-Pacific cod non-trawl—Total ...................                        May 1–December 31 ..................................                                     n/a                  n/a   49
                                                    Groundfish pot and jig ....................................              n/a ..................................................................                     n/a                  n/a   Exempt
                                                    Sablefish hook-and-line ..................................               n/a ..................................................................                     n/a                  n/a   Exempt

                                                          Total for all non-trawl PSC ......................                 n/a ..................................................................                     n/a                  n/a   710


                                                     TABLE 12—PROPOSED 2017 PROHIBITED SPECIES BYCATCH ALLOWANCE FOR THE BSAI AMENDMENT 80 COOPERATIVES
                                                                                                                                                                                         Prohibited species and zones 1

                                                                                                                                                                                                                                            C. bairdi
                                                                                       Cooperative                                                    Halibut               Red king crab                  C. opilio                       (animals)
                                                                                                                                                    mortality (mt)            (animals)                   (animals)
                                                                                                                                                       BSAI                    Zone 1                      COBLZ                    Zone 1               Zone 2

                                                    Alaska Groundfish Cooperative ...........................................                                    474                    12,459               1,258,109                  82,136             112,839
                                                    Alaska Seafood Cooperative ...............................................                                 1,271                    30,834               2,738,371                 229,979             324,703

                                                          Total ..............................................................................                 1,745                    43,293                3,996,480                312,115             437,542
                                                       1 Refer    to § 679.2 for definitions of zones.


                                                    Halibut Discard Mortality Rates (DMRs)                                     halibut that do not survive after being                                    species. Since the late 1990s, halibut
                                                                                                                               returned to the sea. The cumulative                                        DMRs were calculated by the
                                                       To monitor halibut bycatch mortality                                    halibut mortality that accrues to a                                        International Pacific Halibut
                                                    allowances and apportionments, the                                         particular halibut PSC limit is the                                        Commission (IPHC), which then
                                                    Regional Administrator uses observed                                       product of a DMR multiplied by the                                         provided the estimates to the NMFS for
                                                    halibut incidental catch rates, halibut                                    estimated halibut PSC. DMRs are                                            application in managing halibut bycatch
                                                    discard mortality rates (DMRs), and                                        estimated using the best information                                       limits. DMRs specified through the
                                                    estimates of groundfish catch to project                                   available in conjunction with the annual                                   Council process and used for catch
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    when a fishery’s halibut bycatch                                           BSAI stock assessment process. The                                         accounting by NMFS have consisted of
                                                    mortality allowance or seasonal                                            DMR methodology and findings are                                           long-term averages of annual estimates
                                                    apportionment is reached. Halibut                                          included as an appendix to the annual                                      within target fisheries that are defined
                                                    incidental catch rates are based on                                        BSAI groundfish SAFE report.                                               by management area, CDQ, gear, and
                                                    observers’ estimates of halibut                                              Historically, DMRs consisted of long-                                    target species. Long-term averages are
                                                    incidental catch in the groundfish                                         term averages of annual DMRs within                                        taken from annual estimates for the
                                                    fishery. DMRs are estimates of the                                         target fisheries that were defined by                                      most recent ten-year period with the
                                                    proportion of incidentally caught                                          management area, CDQ, gear, and target                                     number of years with data to support


                                               VerDate Sep<11>2014        17:00 Dec 05, 2016          Jkt 241001       PO 00000       Frm 00027        Fmt 4702      Sfmt 4702       E:\FR\FM\06DEP1.SGM              06DEP1


                                                    87876                         Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                    annual DMR estimates varying among                                         fisheries. The size of the haul, fishing                                      year average rates, the revised
                                                    fisheries. Fishery-specific DMRs, once                                     operations, and catch-handling process                                        methodology estimates DMRs based on
                                                    calculated, have generally been put in                                     do not tend to differ compared to the                                         initial 3-year average rates. Using 2013
                                                    place for three-year increments.                                           non-CDQ fisheries. For this reason, CDQ                                       as the starting year is more responsive
                                                       NMFS proposes to revise methods for                                     is not a recommended aggregation factor                                       to, and better aligns DMR calculation
                                                    estimating DMRs consistent with those                                      for estimating DMRs under the revised                                         methodology with, the 2013
                                                    methods developed by the halibut DMR                                       estimation method.                                                            restructured Observer Program’s
                                                    working group and recommended by the                                          • Revise the DMR estimation                                                sampling protocols. Using 2013 as the
                                                    Council at its October 2016 meeting.                                       methodology for consistency with the                                          base year, NMFS and the Council will
                                                    NMFS proposes for the 2017 and 2018                                        sampling protocols instituted in 2013                                         evaluate the time frame each year.
                                                    BSAI groundfish harvest specifications                                     through the restructured Observer                                             Evaluating the time frame each year will
                                                    revised DMRs consistent with modified                                      Program. The Observer Program                                                 enable NMFS and the Council to update
                                                    DMR estimation methodology. The                                            randomizes sampling of fishing trips                                          the methodology and the halibut DMRs
                                                    proposed change will make the DMR                                          within operational groupings, sampling
                                                                                                                                                                                                             based on the best available information.
                                                    process transparent, transferable, and                                     of hauls within fishing trips, and
                                                    allow for review by all agencies/entities                                  sampling of biological data within                                               The working group’s discussion paper
                                                    involved. The Alaska Region will                                           hauls. Basing halibut DMR estimation                                          also included a comparison of the total
                                                    program the revised DMRs into its                                          on a sampling design consistent with                                          amount of halibut mortality that accrues
                                                    groundfish catch accounting system to                                      Observer Program sampling protocols                                           using current DMRs versus the working
                                                    monitor the 2017 and 2018 halibut                                          should reduce the potential for                                               group’s recommended DMRs.
                                                    bycatch allowances (see Tables 8, 10,                                      sampling bias, improve data on                                                Calculating the 2015 halibut mortality
                                                    11, and 12). The DMRs proposed for                                         operational causes of variation in post-                                      using specified DMRs yielded 2,312 mt
                                                    2017 and 2018 BSAI groundfish harvest                                      capture halibut viability, and promote                                        of halibut mortality, whereas using the
                                                    specifications reflect an ongoing effort                                   the ability for NMFS to make timely                                           recommended DMRs yielded 2,299 mt
                                                    by the Council to improve the                                              improvements to halibut DMR                                                   of halibut morality (a less than one-
                                                    estimation of DMRs in the Alaska                                           estimation in the future.                                                     percent decrease). Calculating the 2016
                                                    groundfish fisheries.                                                         • Incorporate the use of vessel                                            halibut mortality (through September
                                                       The halibut DMR working group,                                          operations into DMR estimation                                                2016) yielded 1,701 mt of halibut
                                                    consisting of the IPHC, Council, and                                       methodology. This incorporates data                                           mortality, versus 1,663 mt of halibut
                                                    NMFS Alaska Region staff,                                                  about the viability (likelihood to                                            mortality when applying the
                                                    recommended the following broad                                            survive) of discarded halibut into DMR                                        recommended DMRs (a two percent
                                                    changes to the DMR estimation method:                                      calculations. Data based on different                                         decrease).
                                                    Implementation of sampling design                                          vessel operational categories, such as
                                                    consistent with sampling protocols used                                    sorting practices, handling practices,                                           These proposed estimation methods,
                                                    under the Observer Restructuring                                           gear type, and processing sectors (i.e.                                       and recommendations for 2017 and
                                                    Program; categorization of data of                                         CVs, CPs, and CVs delivering to                                               2018 halibut DMRs, were presented to
                                                    halibut viability based on vessel                                          motherships), provide better                                                  the Plan Team in September 2016. The
                                                    operations (sorting and handling                                           information on halibut viability. NMFS                                        Plan Team concurred with the revised
                                                    practices, gear type, and processing                                       expects that incorporating this                                               methodology, as well as the working
                                                    sector) rather than target fisheries; and                                  information into the DMR estimation                                           group’s halibut DMR recommendations
                                                    revision of reference timeframes to                                        methodology will yield a more precise                                         for 2017 and 2018. The Council agreed
                                                    obtain estimates that are more                                             estimate of actual mortality.                                                 with these recommendations at the
                                                    responsive to changes in how the                                              • Remove the use of target fishery.                                        Council’s October 2016 meeting.
                                                    groundfish fisheries are observed and                                      Fishery targets do not necessarily                                            Additionally, in April 2016 the SSC
                                                    managed. These recommendations, and                                        characterize statistical and/or vessel                                        reviewed the methodology and made a
                                                    others, are described below.                                               operational differences in the sampling                                       number of suggestions for improving
                                                       • Incorporate CDQ with non-CDQ in                                       or handling of halibut PSC. Using                                             and refining it. The working group has
                                                    the calculation of the DMRs instead of                                     fishery target aggregations may have                                          incorporated those suggestions into its
                                                    the currently specified DMRs, which                                        reduced the quality of DMR estimates                                          DMR estimation methodology. The
                                                    calculate DMRs separately for CDQ and                                      due to small sample sizes or by                                               working group’s discussion of the
                                                    non-CDQ. Regulations allow assignment                                      combining vessel operations with very                                         revised halibut DMR methodology,
                                                    of CDQ status to a haul up to two hours                                    important differences in sampling and                                         including the comparative assessment,
                                                    after completion of gear retrieval. Most                                   handling characteristics.                                                     is available from the Council (see
                                                    vessels fishing under the CDQ program                                         • Change the reference time-frame for                                      ADDRESSES). Table 13 lists the proposed
                                                    also participate in the non-CDQ                                            DMR calculations. Rather than using 10-                                       2017 and 2018 DMRs.

                                                                      TABLE 13—PROPOSED 2017 AND 2018 PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE BSAI
                                                                                                                                                                                                                                                                Halibut discard
                                                                               Gear                                                              Sector                                                      Groundfish fishery                                  mortality rate
                                                                                                                                                                                                                                                                  (percent)
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Pelagic trawl ............................................        All .............................................................   All   .............................................................              100
                                                    Non-pelagic trawl .....................................           Catcher/Processor and Mothership .........                          All   .............................................................               85
                                                    Non-pelagic trawl .....................................           Catcher vessel .........................................            All   .............................................................               52
                                                    Hook-and-line ..........................................          Catcher vessel .........................................            All   .............................................................               13
                                                    Hook-and-line ..........................................          Catcher/Processor ...................................               All   .............................................................                8
                                                    Pot ...........................................................   All .............................................................   All   .............................................................                5




                                               VerDate Sep<11>2014         17:00 Dec 05, 2016         Jkt 241001      PO 00000        Frm 00028        Fmt 4702       Sfmt 4702       E:\FR\FM\06DEP1.SGM                06DEP1


                                                                               Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                               87877

                                                    Listed AFA Catcher/Processor                                           cooperatives in the directed pollock                       All harvests of groundfish sideboard
                                                    Sideboard Limits                                                       fishery. These restrictions are set out as               species by listed AFA catcher/
                                                                                                                           ‘‘sideboard’’ limits on catch. The basis                 processors, whether as targeted catch or
                                                       Pursuant to § 679.64(a), the Regional                               for these proposed sideboard limits is                   incidental catch, will be deducted from
                                                    Administrator is responsible for                                       described in detail in the final rules                   the sideboard limits in Table 14.
                                                    restricting the ability of listed AFA                                  implementing the major provisions of                     However, groundfish sideboard species
                                                    catcher/processors to engage in directed                               the AFA (67 FR 79692, December 30,                       that are delivered to listed AFA catcher/
                                                    fishing for groundfish species other than                              2002) and Amendment 80 (72 FR 52668,                     processors by catcher vessels will not be
                                                    pollock, to protect participants in other                              September 14, 2007). Table 14 lists the                  deducted from the 2017 and 2018
                                                    groundfish fisheries from adverse effects                              proposed 2017 and 2018 catcher/                          sideboard limits for the listed AFA
                                                    resulting from the AFA and from fishery                                processor sideboard limits.                              catcher/processors.

                                                       TABLE 14—PROPOSED 2017 AND 2018 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED AMERICAN FISHERIES ACT
                                                                                         CATCHER/PROCESSORS (C/PS)
                                                                                                                                         [Amounts are in metric tons]

                                                                                                                                                                 1995–1997                                  2017             2017
                                                                                                                                                                                                          and 2018         and 2018
                                                             Target species                                     Area                                                                  Ratio of         ITAC available      AFA C/P
                                                                                                                                             Retained catch      Total catch      retained catch         to all trawl   sideboard limit
                                                                                                                                                                                   to total catch          C/Ps 1

                                                    Sablefish trawl .....................      BS .......................................                  8               497               0.016               447                 7
                                                                                               AI ........................................                 0               145                    0              302                 0
                                                    Greenland turbot .................         BS .......................................               121             17,305               0.007             2,272                16
                                                                                               AI ........................................                23             4,987               0.005               170                 1
                                                    Arrowtooth flounder .............          BSAI ...................................                   76            33,987               0.002            11,900                24
                                                    Kamchatka flounder ............            BSAI ...................................                  76             33,987               0.002             4,250                 9
                                                    Rock sole ............................     BSAI ...................................               6,317            169,362               0.037            50,990             1,887
                                                    Flathead sole ......................       BSAI ...................................               1,925             52,755               0.036            18,753               675
                                                    Alaska plaice .......................      BSAI ...................................                   14             9,438               0.001            12,325                12
                                                    Other flatfish ........................    BSAI ...................................               3,058             52,298               0.058             2,125               123
                                                    Pacific ocean perch ............           BS .......................................                 12             4,879               0.002             6,760                14
                                                                                               Eastern AI ..........................                    125              6,179                0.02             6,731               135
                                                                                               Central AI ...........................                      3             5,698               0.001             6,251                 6
                                                                                               Western AI .........................                      54             13,598               0.004             8,037                32
                                                    Northern rockfish .................        BSAI ...................................                  91             13,040               0.007             3,825                27
                                                    Rougheye rockfish ..............           EBS/EAI .............................                     50              2,811               0.018                85                 2
                                                                                               CAI/WAI ..............................                    50              2,811               0.018               170                 3
                                                    Shortraker rockfish ..............         BSAI ...................................                   50             2,811               0.018               170                 3
                                                    Other rockfish ......................      BS .......................................                18                621               0.029               276                 8
                                                                                               AI ........................................                22               806               0.027               468                13
                                                    Atka mackerel .....................        Central AI ...........................                    n/a                n/a              0.115            14,288             1,643
                                                                                               A season 2 ..........................                     n/a                n/a              0.115             7,144               822
                                                                                               B season 2 ..........................                     n/a                n/a              0.115             7,144               822
                                                                                               Western AI .........................                      n/a                n/a                 0.2            9,377             1,875
                                                                                               A season 2 ..........................                     n/a                n/a                 0.2            4,689               938
                                                                                               B season 2 ..........................                     n/a                n/a                 0.2            4,689               938
                                                    Skates .................................   BSAI ...................................                 553             68,672               0.008            22,100               177
                                                    Sculpins ...............................   BSAI ...................................                 553             68,672               0.008             3,825                31
                                                    Sharks .................................   BSAI ...................................                 553             68,672               0.008               106                 1
                                                    Squids .................................   BSAI ...................................                  73              3,328               0.022             1,275                28
                                                    Octopuses ...........................      BSAI ...................................                 553             68,672               0.008               340                 3
                                                      1 Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of
                                                    the TAC after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C).
                                                      2 The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. List-
                                                    ed AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of
                                                    the annual ITAC specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
                                                      Note: Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2017 and 2018 aggregate
                                                    ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.


                                                      Section 679.64(a)(2) and Tables 40                                     PSC species listed in Table 15 that are                proposed 2017 or 2018 PSC sideboard
                                                    and 41 to 50 CFR part 679 establish a                                  caught by listed AFA catcher/processors                  limit listed in Table 15 is reached.
                                                    formula for calculating PSC sideboard                                  participating in any groundfish fishery                     Crab or halibut PSC caught by listed
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    limits for listed AFA catcher/processors.                              other than pollock will accrue against                   AFA catcher/processors while fishing
                                                    The basis for these sideboard limits is                                the proposed 2017 and 2018 PSC                           for pollock will accrue against the PSC
                                                    described in detail in the final rules                                 sideboard limits for the listed AFA                      allowances annually specified for either
                                                    implementing the major provisions of                                   catcher/processors. Section                              the midwater pollock or the pollock/
                                                    the AFA (67 FR 79692, December 30,                                     679.21(b)(4)(iii) and (e)(3)(v) authorizes               Atka mackerel/‘‘other species’’ fishery
                                                    2002) and Amendment 80 (72 FR 52668,                                   NMFS to close directed fishing for                       categories, according to
                                                    September 14, 2007).                                                   groundfish other than pollock for listed                 § 679.21(b)(1)(ii)(B) and
                                                                                                                           AFA catcher/processors once a                            § 679.21(e)(3)(iv).


                                               VerDate Sep<11>2014       17:00 Dec 05, 2016       Jkt 241001       PO 00000       Frm 00029     Fmt 4702   Sfmt 4702   E:\FR\FM\06DEP1.SGM    06DEP1


                                                    87878                         Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                       TABLE 15—PROPOSED 2017 AND 2018 BSAI PROHIBITED SPECIES SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT
                                                                                         LISTED CATCHER/PROCESSORS
                                                                                                                                                                                                                           Proposed
                                                                                                                                                                                                                           2017 and         Proposed
                                                                                                                                                                                                                          2018 PSC          2017 and
                                                                                                                                                                                                        Ratio of PSC       available
                                                                                                         PSC species and             area 1                                                                                                 2018 C/P
                                                                                                                                                                                                        to total PSC        to trawl        sideboard
                                                                                                                                                                                                                         vessels after         limit 2
                                                                                                                                                                                                                          subtraction
                                                                                                                                                                                                                           of PSQ 2

                                                    BSAI Halibut mortality ..................................................................................................................                    n/a                n/a             286
                                                    Red king crab Zone 1 ..................................................................................................................                    0.007            86,621              606
                                                    C. opilio (COBLZ) ........................................................................................................................                 0.153         8,131,191        1,224,072
                                                    C. bairdi .......................................................................................................................................            n/a                n/a              n/a
                                                        Zone 1 ..................................................................................................................................               0.14           741,190          103,767
                                                        Zone 2 ..................................................................................................................................               0.05         1,848,510           92,426
                                                       1 Refer     to § 679.2 for definitions of areas.
                                                       2 Halibut     amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.


                                                    AFA Catcher Vessel Sideboard Limits                                         cooperatives in the directed pollock                                      Tables 16 and 17 list the proposed 2017
                                                                                                                                fishery. Section 679.64(b) establishes                                    and 2018 AFA catcher vessel sideboard
                                                       Pursuant to § 679.64(b), the Regional                                    formulas for setting AFA catcher vessel                                   limits.
                                                    Administrator is responsible for                                            groundfish and PSC sideboard limits for
                                                    restricting the ability of AFA catcher                                                                                                                  All catch of groundfish sideboard
                                                                                                                                the BSAI. The basis for these sideboard
                                                    vessels to engage in directed fishing for                                                                                                             species made by non-exempt AFA
                                                                                                                                limits is described in detail in the final
                                                    groundfish species other than pollock to                                                                                                              catcher vessels, whether as targeted
                                                                                                                                rules implementing the major
                                                    protect participants in other groundfish                                    provisions of the AFA (67 FR 79692,                                       catch or as incidental catch, will be
                                                    fisheries from adverse effects resulting                                    December 30, 2002) and Amendment 80                                       deducted from the 2017 and 2018
                                                    from the AFA and from fishery                                               (72 FR 52668, September 14, 2007).                                        sideboard limits listed in Table 16.

                                                     TABLE 16—PROPOSED 2017 AND 2018 BSAI GROUNDFISH SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER
                                                                                              VESSELS (CVS)
                                                                                                                                              [Amounts are in metric tons]

                                                                                                                                                                                                           Ratio of                         2017 and
                                                                                                                                                                                                          1995–1997       2017 and          2018 AFA
                                                                                 Species                                                   Fishery by area/gear/season                                  AFA CV catch     2018 initial     catcher vessel
                                                                                                                                                                                                        to 1995–1997       TAC 1            sideboard
                                                                                                                                                                                                             TAC                               limits

                                                    Pacific cod .......................................................       BSAI ...............................................................                n/a               n/a              n/a
                                                                                                                              Jig gear ..........................................................                   0            3,144                 0
                                                                                                                              Hook-and-line CV ...........................................                        n/a               n/a              n/a
                                                                                                                              Jan 1–Jun 10 .................................................                  0.0006               228                 0
                                                                                                                              Jun 10–Dec 31 ...............................................                   0.0006               219                 0
                                                                                                                              Pot gear CV ...................................................                     n/a               n/a              n/a
                                                                                                                              Jan 1–Jun 10 .................................................                  0.0006             9,587                 6
                                                                                                                              Sept 1–Dec 31 ...............................................                   0.0006             9,211                 6
                                                                                                                              CV <60 ft LOA using hook-and-line or pot                                        0.0006             4,476                 3
                                                                                                                                gear.
                                                                                                                              Trawl gear CV ................................................                      n/a               n/a              n/a
                                                                                                                              Jan 20–Apr 1 ..................................................                 0.8609            36,732           31,623
                                                                                                                              Apr 1–Jun 10 ..................................................                 0.8609             5,460            4,701
                                                                                                                              Jun 10–Nov 1 .................................................                  0.8609             7,446            6,410
                                                    Sablefish .........................................................       BS trawl gear .................................................                 0.0906               447                40
                                                                                                                              AI trawl gear ...................................................               0.0645               302                19
                                                    Greenland turbot .............................................            BS ...................................................................          0.0645             2,272              147
                                                                                                                              AI ....................................................................         0.0205               170                 3
                                                    Arrowtooth flounder .........................................             BSAI ...............................................................             0.069            11,900              821
                                                    Kamchatka flounder ........................................               BSAI ...............................................................             0.069             4,250              293
                                                    Rock sole ........................................................        BSAI ...............................................................            0.0341            50,990            1,739
                                                    Flathead sole ..................................................          BS trawl gear .................................................                 0.0505            18,753              947
                                                    Alaska plaice ...................................................         BSAI ...............................................................            0.0441            12,325              544
                                                    Other flatfish ....................................................       BSAI ...............................................................            0.0441             2,125                94
                                                    Pacific ocean perch ........................................              BS ...................................................................              0.1            6,760              676
                                                                                                                              Eastern AI ......................................................               0.0077             6,731                52
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                                              Central AI .......................................................              0.0025             6,251                16
                                                                                                                              Western AI .....................................................                      0            8,037                 0
                                                    Northern rockfish .............................................           BSAI ...............................................................            0.0084             3,825               32
                                                    Rougheye rockfish ..........................................              EBS/EAI .........................................................               0.0037                 85                0
                                                                                                                              CAI/WAI ..........................................................              0.0037               170                 1
                                                    Shortraker rockfish ..........................................            BSAI ...............................................................            0.0037               170                 1
                                                    Other rockfish ..................................................         BS ...................................................................          0.0048               276                 1
                                                                                                                              AI ....................................................................         0.0095               468                 4
                                                    Atka mackerel .................................................           Eastern AI/BS .................................................                     n/a           25,451               n/a
                                                                                                                              Jan 1–Jun 10 .................................................                  0.0032            12,726                41



                                               VerDate Sep<11>2014         17:00 Dec 05, 2016          Jkt 241001       PO 00000       Frm 00030        Fmt 4702       Sfmt 4702       E:\FR\FM\06DEP1.SGM      06DEP1


                                                                                 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                             87879

                                                     TABLE 16—PROPOSED 2017 AND 2018 BSAI GROUNDFISH SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER
                                                                                         VESSELS (CVS)—Continued
                                                                                                                                             [Amounts are in metric tons]

                                                                                                                                                                                                          Ratio of                        2017 and
                                                                                                                                                                                                         1995–1997       2017 and         2018 AFA
                                                                                Species                                                  Fishery by area/gear/season                                   AFA CV catch     2018 initial    catcher vessel
                                                                                                                                                                                                       to 1995–1997       TAC 1           sideboard
                                                                                                                                                                                                            TAC                              limits

                                                                                                                            Jun 10–Nov 1 .................................................                   0.0032           12,726               41
                                                                                                                            Central AI .......................................................                   n/a          14,288               n/a
                                                                                                                            Jan 1–Jun 10 .................................................                   0.0001            7,144                 1
                                                                                                                            Jun 10–Nov 1 .................................................                   0.0001            7,144                 1
                                                                                                                            Western AI .....................................................                     n/a           9,377               n/a
                                                                                                                            Jan 1–Jun 10 .................................................                         0           4,689                 0
                                                                                                                            Jun 10–Nov 1 .................................................                         0           4,689                 0
                                                    Skates .............................................................    BSAI ...............................................................             0.0541           22,100            1,196
                                                    Sculpins ...........................................................    BSAI ...............................................................             0.0541            3,825              207
                                                    Sharks .............................................................    BSAI ...............................................................             0.0541              106                 6
                                                    Squids .............................................................    BSAI ...............................................................             0.3827            1,275              488
                                                    Octopuses .......................................................       BSAI ...............................................................             0.0541              340                18
                                                      1 Aleutians Islands Pacific ocean perch, Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of the TAC
                                                    of that species after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C).
                                                      Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2017 and 2018 aggregate ITAC of
                                                    yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.


                                                       Halibut and crab PSC limits listed in                                  and (e)(3)(v) authorizes NMFS to close                                     in the Bering Sea subarea will accrue
                                                    Table 17 that are caught by AFA catcher                                   directed fishing for groundfish other                                      against the bycatch allowances annually
                                                    vessels participating in any groundfish                                   than pollock for AFA catcher vessels                                       specified for either the midwater
                                                    fishery other than pollock will accrue                                    once a proposed 2017 and 2018 PSC                                          pollock or the pollock/Atka mackerel/
                                                    against the 2017 and 2018 PSC                                             sideboard limit listed in Table 17 is                                      ‘‘other species’’ fishery categories under
                                                    sideboard limits for the AFA catcher                                      reached. The PSC that is caught by AFA                                     § 679.21(b)(1)(ii)(B) and
                                                    vessels. Section 679.21(b)(4)(iii), (e)(7),                               catcher vessels while fishing for pollock                                  § 679.21(e)(3)(iv).

                                                          TABLE 17—PROPOSED 2017 AND 2018 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH
                                                                                         SIDEBOARD LIMITS FOR THE BSAI 1
                                                                                                                                                                                                                         Proposed         Proposed
                                                                                                                                                                                                                         2017 and         2017 and
                                                                                                                                                                                                       AFA catcher      2018 PSC          2018 AFA
                                                                                                                                                                                                       vessel PSC
                                                         PSC species and area 1                                                  Target fishery category 2                                                               limit after    catcher vessel
                                                                                                                                                                                                        sideboard       subtraction           PSC
                                                                                                                                                                                                        limit ratio        of PSQ         sideboard
                                                                                                                                                                                                                        reserves 3           limit 3

                                                    Halibut .....................................    Pacific cod trawl .....................................................................                     n/a              n/a             887
                                                                                                     Pacific cod hook-and-line or pot ............................................                               n/a              n/a               2
                                                                                                     Yellowfin sole total .................................................................                      n/a              n/a             101
                                                                                                     Rock sole/flathead sole/other flatfish 4 ...................................                                n/a              n/a             228
                                                                                                     Greenland turbot/arrowtooth/Kamchatka flounder/sablefish ..                                                 n/a              n/a               0
                                                                                                     Rockfish ..................................................................................                 n/a              n/a               2
                                                                                                     Pollock/Atka mackerel/other species 5 ...................................                                   n/a              n/a               5
                                                    Red king crab Zone 1 .............               n/a ...........................................................................................          0.299           86,621           25,900
                                                    C. opilio COBLZ ......................           n/a ...........................................................................................          0.168        8,131,191        1,366,040
                                                    C. bairdi Zone 1 ......................          n/a ...........................................................................................           0.33          741,190          244,593
                                                    C. bairdi Zone 2 ......................          n/a ...........................................................................................          0.186        1,848,510          343,823
                                                       1 Referto § 679.2 for definitions of areas.
                                                       2 Target fishery categories are defined at § 679.21(b)(1)(ii)(B).
                                                      3 Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
                                                      4 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole,
                                                    Greenland turbot, rock sole, and yellowfin sole.
                                                      5 ‘‘Other species’’ for PSC monitoring includes skates, sculpins, sharks, and octopuses.




                                                    Classification                                                            subject to further review after public                                     Record of Decision (ROD) for the Final
                                                                                                                              comment.                                                                   EIS. A Supplemental Information Report
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                      NMFS has determined that the                                              This action is authorized under 50                                       (SIR) that assesses the need to prepare
                                                    proposed harvest specifications are                                       CFR 679.20 and is exempt from review                                       a Supplemental EIS is being prepared
                                                    consistent with the FMP and                                               under Executive Orders 12866 and                                           for the final action. Copies of the Final
                                                    preliminarily determined that the                                         13563.                                                                     EIS, ROD, and SIR for this action are
                                                    proposed harvest specifications are                                         NMFS prepared an EIS for this action                                     available from NMFS (see ADDRESSES).
                                                    consistent with the Magnuson-Stevens                                      and made it available to the public on                                     The Final EIS analyzes the
                                                    Act and other applicable laws, and                                        January 12, 2007 (72 FR 1512). On                                          environmental consequences of the
                                                                                                                              February 13, 2007, NMFS issued the                                         proposed groundfish harvest


                                               VerDate Sep<11>2014        17:00 Dec 05, 2016         Jkt 241001       PO 00000       Frm 00031        Fmt 4702       Sfmt 4702       E:\FR\FM\06DEP1.SGM       06DEP1


                                                    87880                 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                    specifications and alternative harvest                  inshore pollock cooperatives, Gulf of                 harvest rates (for species in Tiers 1
                                                    strategies on resources in the action                   Alaska rockfish cooperatives, or BSAI                 through 3) or for the most recent 5 years
                                                    area. The Final EIS found no significant                Crab Rationalization Program                          of harvests (for species in Tiers 4
                                                    environmental consequences from the                     cooperatives, and, since under the RFA                through 6). This alternative is
                                                    proposed action or its alternatives.                    it is the aggregate gross receipts of all             inconsistent with the objectives of this
                                                       NMFS prepared an Initial Regulatory                  participating members of the                          action, (the Council’s preferred harvest
                                                    Flexibility Analysis (IRFA), as required                cooperative that must meet the ‘‘under                strategy) because it does not take
                                                    by section 603 of the Regulatory                        $11 million’’ threshold, they are                     account of the most recent biological
                                                    Flexibility Act (RFA), analyzing the                    considered to be large entities within                information for this fishery. NMFS
                                                    methodology for establishing the                        the meaning of the RFA. Thus, the                     annually conducts at-sea stock surveys
                                                    relevant TACs. The IRFA evaluates the                   estimate of 152 catcher vessels may be                for different species, as well as
                                                    impacts on small entities of alternative                an overstatement of the number of small               statistical modeling, to estimate stock
                                                    harvest strategies for the groundfish                   entities. Average gross revenues were                 sizes and permissible harvest levels.
                                                    fisheries in the exclusive economic zone                $520,000 for small hook-and-line                      Actual harvest rates or harvest amounts
                                                    off Alaska. As set forth in the                         vessels, $1.29 million for small pot                  are a component of these estimates, but
                                                    methodology, TACs are set to a level                    vessels, and $2.99 million for small                  in and of themselves may not accurately
                                                    that falls within the range of ABCs                     trawl vessels. Revenue data for catcher/              portray stock sizes and conditions.
                                                    recommended by the SSC; the sum of                      processors is confidential; however, in               Harvest rates are listed for each species
                                                    the TACs must achieve OY specified in                   2015, NMFS estimates that there were                  category for each year in the SAFE
                                                    the FMP. While the specific numbers                     four catcher/processor small entities                 report (see ADDRESSES).
                                                    that the methodology may produce vary                   with gross receipts less than $11                        Alternative 4 would lead to
                                                    from year to year, the methodology itself               million.                                              significantly lower harvests of all
                                                    remains constant.                                          The preferred alternative (Alternative             species and reduce TACs from the
                                                       A description of the proposed action,                2) was compared to four other                         upper end of the OY range in the BSAI,
                                                    why it is being considered, and the legal               alternatives. Alternative 1 would have                to its lower end of 1.4 million mt.
                                                    basis for this proposed action are                      set TACs to generate fishing rates equal              Overall, this would reduce 2017 TACs
                                                    contained in the preamble above. A                      to the maximum permissible ABC (if the                by about 30 percent, which would lead
                                                    copy of the analysis is available from                  full TAC were harvested), unless the                  to significant reductions in harvests of
                                                    NMFS (see ADDRESSES). A summary of                      sum of TACs exceeded the BSAI OY, in                  species by small entities. While
                                                    the IRFA follows.                                       which case TACs would have been
                                                       The action under consideration is a                                                                        reductions of this size would be
                                                                                                            limited to the OY. Alternative 3 would                associated with offsetting price
                                                    harvest strategy to govern the catch of                 have set TACs to produce fishing rates
                                                    groundfish in the BSAI. The preferred                                                                         increases, the size of these increases is
                                                                                                            equal to the most recent 5-year average
                                                    alternative is the existing harvest                                                                           very uncertain. While production
                                                                                                            fishing rates. Alternative 4 would have
                                                    strategy in which TACs fall within the                                                                        declines in the BSAI would
                                                                                                            set TACs equal to the lower limit of the
                                                    range of ABCs recommended by the                                                                              undoubtedly be associated with
                                                                                                            BSAI OY range. Alternative 5, the ‘‘no
                                                    SSC, but, as discussed below, NMFS                                                                            significant price increases in the BSAI,
                                                                                                            action’’ alternative, would have set
                                                    considered other alternatives. This                                                                           these increases would still be
                                                                                                            TACs equal to zero.
                                                    action is taken in accordance with the                     The TACs associated with the                       constrained by production of
                                                    FMP prepared by the Council pursuant                    preferred harvest strategy are those                  substitutes, and are very unlikely to
                                                    to the Magnuson-Stevens Act.                            adopted by the Council in October 2016,               offset revenue declines from smaller
                                                       The entities directly regulated by this              as per Alternative 2. OFLs and ABCs for               production. Thus, this alternative action
                                                    action are those that harvest groundfish                the species were based on                             would have a detrimental impact on
                                                    in the exclusive economic zone of the                   recommendations prepared by the                       small entities.
                                                    BSAI and in parallel fisheries within                   Council’s BSAI Groundfish Plan Team                      Alternative 5, which sets all harvests
                                                    State waters. These include entities                    in September 2016, and reviewed and                   equal to zero, would have a significant
                                                    operating catcher vessels and catcher/                  modified by the Council’s SSC in                      adverse impact on small entities and
                                                    processors within the action area and                   October 2016. The Council based its                   would be contrary to obligations to
                                                    entities receiving direct allocations of                TAC recommendations on those of its                   achieve OY on a continuing basis, as
                                                    groundfish.                                             AP, which were consistent with the                    mandated by the Magnuson-Stevens
                                                       For RFA purposes only, NMFS has                      SSC’s OFL and ABC recommendations.                    Act.
                                                    established a small business size                          Alternative 1 selects harvest rates that              The proposed harvest specifications
                                                    standard for businesses, including their                would allow fishermen to harvest stocks               extend the current 2017 OFLs, ABCs,
                                                    affiliates, whose primary industry is                   at the level of ABCs, unless total                    and TACs to 2017 and 2018. As noted
                                                    commercial fishing (see 50 CFR 200.2).                  harvests were constrained by the upper                in the IRFA, the Council may modify
                                                    A business primarily engaged in                         bound of the BSAI OY of two million                   these OFLs, ABCs, and TACs in
                                                    commercial fishing (NAICS code 11411)                   mt. As shown in Table 1 of the                        December 2016, when it reviews the
                                                    is classified as a small business if it is              preamble, the sum of ABCs in 2017 and                 November 2016 SAFE report from its
                                                    independently owned and operated, is                    2018 would be about 3,128,135 mt,                     groundfish Plan Team, and the
                                                    not dominant in its field of operation                  which falls above the upper bound of                  December Council meeting reports of its
                                                    (including its affiliates), and has                     the OY range. The sum of TACs is equal                SSC and AP. Because 2017 TACs in the
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    combined annual receipts not in excess                  to the sum of ABCs. In this instance,                 proposed 2017 and 2018 harvest
                                                    of $11 million for all its affiliated                   Alternative 1 is consistent with the                  specifications are unchanged from the
                                                    operations worldwide.                                   preferred alternative (Alternative 2),                2017 harvest specification TACs, NMFS
                                                       The estimated directly regulated small               meets the objectives of that action, and              does not expect adverse impacts on
                                                    entities in 2015 include approximately                  has small entity impacts that are                     small entities. Also, NMFS does not
                                                    152 catcher vessels, four catcher/                      equivalent to the preferred alternative.              expect any changes made by the Council
                                                    processors, and six CDQ groups. Some                       Alternative 3 selects harvest rates                in December 2016 to be large enough to
                                                    of these vessels are members of AFA                     based on the most recent 5 years of                   have an impact on small entities.


                                               VerDate Sep<11>2014   17:00 Dec 05, 2016   Jkt 241001   PO 00000   Frm 00032   Fmt 4702   Sfmt 4702   E:\FR\FM\06DEP1.SGM   06DEP1


                                                                          Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                         87881

                                                       This action does not modify                          NMFS–2016–0127, by any one of the                     1801, et seq. Regulations governing U.S.
                                                    recordkeeping or reporting                              following methods:                                    fisheries and implementing the FMP
                                                    requirements, or duplicate, overlap, or                    • Electronic Submission: Submit all                appear at 50 CFR parts 600, 679, and
                                                    conflict with any Federal rules.                        electronic public comments via the                    680.
                                                       Adverse impacts on marine mammals                    Federal e-Rulemaking Portal. Go to                       The FMP and its implementing
                                                    resulting from fishing activities                       www.regulations.gov/#!docketDetail;D=                 regulations require NMFS, after
                                                    conducted under these harvest                           NOAA-NMFS-2016-0127, click the                        consultation with the Council, to
                                                    specifications are discussed in the Final               ‘‘Comment Now!’’ icon, complete the                   specify the total allowable catch (TAC)
                                                    EIS (see ADDRESSES), and in the 2016                    required fields, and enter or attach your             for each target species, the sum of which
                                                    SIR (https://alaskafisheries.noaa.gov/                  comments.                                             must be within the optimum yield (OY)
                                                    sites/default/files/sir-2016-17.pdf).                      • Mail: Submit written comments to                 range of 116,000 to 800,000 metric tons
                                                      Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.           Glenn Merrill, Assistant Regional                     (mt) (§ 679.20(a)(1)(i)(B)). Section
                                                    1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.              Administrator, Sustainable Fisheries                  679.20(c)(1) further requires NMFS to
                                                    3631 et seq.; Pub. L. 105–277; Pub. L. 106–             Division, Alaska Region NMFS, Attn:                   publish and solicit public comment on
                                                    31; Pub. L. 106–554; Pub. L. 108–199; Pub.              Ellen Sebastian. Mail comments to P.O.                proposed annual TACs, Pacific halibut
                                                    L. 108–447; Pub. L. 109–241; Pub. L. 109–               Box 21668, Juneau, AK 99802–1668.                     prohibited species catch (PSC) limits,
                                                    479.                                                       Instructions: Comments sent by any                 and seasonal allowances of pollock and
                                                      Dated: November 30, 2016.                             other method, to any other address or                 Pacific cod. The proposed harvest
                                                    Samuel D. Rauch III,                                    individual, or received after the end of              specifications in Tables 1 through 19 of
                                                    Deputy Assistant Administrator for                      the comment period, may not be                        this document satisfy these
                                                    Regulatory Programs, National Marine                    considered by NMFS. All comments                      requirements. For 2017 and 2018, the
                                                    Fisheries Service.                                      received are a part of the public record              sum of the proposed TAC amounts is
                                                    [FR Doc. 2016–29152 Filed 12–5–16; 8:45 am]             and will generally be posted for public               573,872 mt.
                                                    BILLING CODE 3510–22–P                                  viewing on www.regulations.gov                           Under § 679.20(c)(3), NMFS will
                                                                                                            without change. All personal identifying              publish the final 2017 and 2018 harvest
                                                                                                            information (e.g., name, address),                    specifications after (1) considering
                                                    DEPARTMENT OF COMMERCE                                  confidential business information, or                 comments received within the comment
                                                                                                            otherwise sensitive information                       period (see DATES), (2) consulting with
                                                    National Oceanic and Atmospheric                        submitted voluntarily by the sender will              the Council at its December 2016
                                                    Administration                                          be publicly accessible. NMFS will                     meeting, (3) considering information
                                                                                                            accept anonymous comments (enter                      presented in the 2016 SIR that assesses
                                                    50 CFR Part 679                                         ‘‘N/A’’ in the required fields if you wish            the need to prepare a Supplemental EIS
                                                    [Docket No. 160920866–6999–01]                          to remain anonymous).                                 (see ADDRESSES), and (4) considering
                                                                                                               Electronic copies of the Alaska                    information presented in the final 2016
                                                    RIN 0648–XE904                                          Groundfish Harvest Specifications Final               SAFE report prepared for the 2017 and
                                                                                                            Environmental Impact Statement (Final                 2018 groundfish fisheries.
                                                    Fisheries of the Exclusive Economic                     EIS), Record of Decision (ROD) for the
                                                    Zone Off Alaska; Gulf of Alaska; 2017                   Final EIS, Supplementary Information                  Other Actions Potentially Affecting the
                                                    and 2018 Harvest Specifications for                     Report (SIR) to the Final EIS, and the                2017 and 2018 Harvest Specifications
                                                    Groundfish                                              Initial Regulatory Flexibility Analysis               Amendment 103: Chinook Salmon
                                                    AGENCY:  National Marine Fisheries                      (IRFA) prepared for this action may be                Prohibited Species Catch Limit
                                                    Service (NMFS), National Oceanic and                    obtained from http://                                 Reapportionment Provisions for Trawl
                                                    Atmospheric Administration (NOAA),                      www.regulations.gov or from the Alaska                Sectors in the Western and Central GOA
                                                    Commerce.                                               Region Web site at https://alaska
                                                                                                                                                                    In December 2015, the Council
                                                    ACTION: Proposed rule; request for                      fisheries.noaa.gov. The final 2015 Stock
                                                                                                                                                                  recommended for Secretarial review
                                                    comments.                                               Assessment and Fishery Evaluation
                                                                                                                                                                  Amendment 103 to the FMP to
                                                                                                            (SAFE) report for the groundfish
                                                    SUMMARY:   NMFS proposes 2017 and                                                                             reapportion unused Chinook salmon
                                                                                                            resources of the GOA, dated November
                                                    2018 harvest specifications,                                                                                  PSC limits among the GOA pollock and
                                                                                                            2015, is available from the North Pacific
                                                    apportionments, and Pacific halibut                                                                           non-pollock trawl sectors. Amendment
                                                                                                            Fishery Management Council (Council)
                                                    prohibited species catch limits for the                                                                       103 allows NMFS to reapportion the
                                                                                                            at 605 West 4th Avenue, Suite 306,
                                                    groundfish fishery of the Gulf of Alaska                                                                      Chinook salmon PSC limits established
                                                                                                            Anchorage, AK 99501, phone 907–271–
                                                    (GOA). This action is necessary to                                                                            by Amendments 93 and 97 to prevent or
                                                                                                            2809, or from the Council’s Web site at
                                                    establish harvest limits for groundfish                                                                       limit fishery closures due to attainment
                                                                                                            http://www.npfmc.org. The draft 2016
                                                    during the 2017 and 2018 fishing years                                                                        of sector-specific Chinook salmon PSC
                                                                                                            SAFE report for the GOA will be
                                                    and to accomplish the goals and                                                                               limits, while maintaining the annual,
                                                                                                            available from the same source.
                                                    objectives of the Fishery Management                                                                          combined 32,500 Chinook salmon PSC
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      limit for all sectors. The Secretary
                                                    Plan for Groundfish of the Gulf of                      Obren Davis, 907–586–7228.
                                                    Alaska. The intended effect of this                                                                           approved Amendment 103 on August
                                                                                                            SUPPLEMENTARY INFORMATION: NMFS                       24, 2016. The final rule implementing
                                                    action is to conserve and manage the                    manages the GOA groundfish fisheries                  Amendment 103 published on
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    groundfish resources in the GOA in                      in the exclusive economic zone (EEZ) of
                                                    accordance with the Magnuson-Stevens                                                                          September 12, 2016, (81 FR 62659) and
                                                                                                            the GOA under the Fishery Management                  became effective on October 12, 2016.
                                                    Fishery Conservation and Management                     Plan for Groundfish of the Gulf of
                                                    Act.                                                    Alaska (FMP). The Council prepared the                Amendment 101: Authorize Longline
                                                    DATES: Comments must be received by                     FMP under the authority of the                        Pot Gear for Use in the Sablefish IFQ
                                                    January 5, 2017.                                        Magnuson-Stevens Fishery                              Fishery in the GOA
                                                    ADDRESSES: You may submit comments                      Conservation and Management Act                         NMFS issued a proposed rule to
                                                    on this document, identified by NOAA–                   (Magnuson-Stevens Act), 16 U.S.C.                     implement Amendment 101 to the FMP


                                               VerDate Sep<11>2014   17:00 Dec 05, 2016   Jkt 241001   PO 00000   Frm 00033   Fmt 4702   Sfmt 4702   E:\FR\FM\06DEP1.SGM   06DEP1



Document Created: 2016-12-06 02:18:41
Document Modified: 2016-12-06 02:18:41
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.
DatesComments must be received by January 5, 2017.
ContactSteve Whitney, 907-586-7228.
FR Citation81 FR 87863 
RIN Number0648-XE98

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR