81_FR_88115 81 FR 87881 - Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; 2017 and 2018 Harvest Specifications for Groundfish

81 FR 87881 - Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; 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 Range87881-87901
FR Document2016-29150

NMFS proposes 2017 and 2018 harvest specifications, apportionments, and Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska (GOA). 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 Gulf of Alaska. The intended effect of this action is to conserve and manage the groundfish resources in the GOA 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 87881-87901]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29150]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 160920866-6999-01]
RIN 0648-XE904


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; 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.

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SUMMARY: NMFS proposes 2017 and 2018 harvest specifications, 
apportionments, and Pacific halibut prohibited species catch limits for 
the groundfish fishery of the Gulf of Alaska (GOA). 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 Gulf of Alaska. The 
intended effect of this action is to conserve and manage the groundfish 
resources in the GOA 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-2016-0127, by any one of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0127, 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) for the Final EIS, Supplementary Information Report (SIR) to the 
Final 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 https://alaskafisheries.noaa.gov. The final 2015 Stock Assessment and Fishery 
Evaluation (SAFE) report for the groundfish resources of the GOA, dated 
November 2015, is available from the North Pacific Fishery Management 
Council (Council) at 605 West 4th Avenue, Suite 306, Anchorage, AK 
99501, phone 907-271-2809, or from the Council's Web site at http://www.npfmc.org. The draft 2016 SAFE report for the GOA will be available 
from the same source.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in 
the exclusive economic zone (EEZ) of the GOA under the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council 
prepared the FMP under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, 
et seq. Regulations governing U.S. fisheries and implementing the FMP 
appear at 50 CFR parts 600, 679, and 680.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify the total allowable catch 
(TAC) for each target species, the sum of which must be within the 
optimum yield (OY) range of 116,000 to 800,000 metric tons (mt) (Sec.  
679.20(a)(1)(i)(B)). Section 679.20(c)(1) further requires NMFS to 
publish and solicit public comment on proposed annual TACs, Pacific 
halibut prohibited species catch (PSC) limits, and seasonal allowances 
of pollock and Pacific cod. The proposed harvest specifications in 
Tables 1 through 19 of this document satisfy these requirements. For 
2017 and 2018, the sum of the proposed TAC amounts is 573,872 mt.
    Under Sec.  679.20(c)(3), NMFS will publish the final 2017 and 2018 
harvest specifications 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 
2016 SIR that assesses the need to prepare a Supplemental EIS (see 
ADDRESSES), and (4) considering information presented in the final 2016 
SAFE report prepared for the 2017 and 2018 groundfish fisheries.

Other Actions Potentially Affecting the 2017 and 2018 Harvest 
Specifications

Amendment 103: Chinook Salmon Prohibited Species Catch Limit 
Reapportionment Provisions for Trawl Sectors in the Western and Central 
GOA

    In December 2015, the Council recommended for Secretarial review 
Amendment 103 to the FMP to reapportion unused Chinook salmon PSC 
limits among the GOA pollock and non-pollock trawl sectors. Amendment 
103 allows NMFS to reapportion the Chinook salmon PSC limits 
established by Amendments 93 and 97 to prevent or limit fishery 
closures due to attainment of sector-specific Chinook salmon PSC 
limits, while maintaining the annual, combined 32,500 Chinook salmon 
PSC limit for all sectors. The Secretary approved Amendment 103 on 
August 24, 2016. The final rule implementing Amendment 103 published on 
September 12, 2016, (81 FR 62659) and became effective on October 12, 
2016.

Amendment 101: Authorize Longline Pot Gear for Use in the Sablefish IFQ 
Fishery in the GOA

    NMFS issued a proposed rule to implement Amendment 101 to the FMP

[[Page 87882]]

for the sablefish individual fishing quota (IFQ) fisheries in the GOA 
on August 19, 2016 (81 FR 55408). That proposed action would authorize 
the use of longline pot gear in the GOA sablefish IFQ fishery. The 
Secretary approved Amendment 101 on November 4, 2016. If NMFS approves 
the final rule, NMFS expects it would be effective for the 2017 GOA 
sablefish IFQ fishery.

Proposed Acceptable Biological Catch (ABC) and TAC Specifications

    In October 2016, the Council, its Scientific and Statistical 
Committee (SSC), and its Advisory Panel (AP) reviewed the most recent 
biological and harvest information about the condition of groundfish 
stocks in the GOA. This information was compiled by the GOA Groundfish 
Plan Team (Plan Team) and presented in the final 2015 SAFE report for 
the GOA groundfish fisheries, dated November 2015 (see ADDRESSES). The 
SAFE report contains a review of the latest scientific analyses and 
estimates of each species' biomass and other biological parameters, as 
well as summaries of the available information on the GOA ecosystem and 
the economic condition of the groundfish fisheries off Alaska. From 
these data and analyses, the Plan Team estimates and the SSC sets an 
overfishing level (OFL) and ABC for each species or species group. The 
amounts proposed for the 2017 and 2018 OFLs and ABCs are based on the 
2015 SAFE report. The AP and Council recommended that the proposed 2017 
and 2018 TACs be set equal to proposed ABCs for all species and species 
groups, with the exception of the species categories further discussed 
below. The proposed OFLs, ABCs, and TACs could be changed in the final 
harvest specifications depending on the most recent scientific 
information contained in the final 2016 SAFE report. The draft stock 
assessments that will comprise, in part, the 2016 SAFE report are 
available at http://www.afsc.noaa.gov/REFM/stocks/plan_team/draft_assessments.htm.
    In November 2016, the Plan Team will update the 2015 SAFE report to 
include new information collected during 2016, such as NMFS stock 
surveys, revised stock assessments, and catch data. The Plan Team will 
compile this information and produce the draft 2016 SAFE report for 
presentation at the December 2016 Council meeting. At that meeting, the 
Council will consider information in the draft 2016 SAFE report, 
recommendations from the November 2016 Plan Team meeting and December 
2016 SSC and AP meetings, public testimony, and relevant written public 
comments in making its recommendations for the final 2017 and 2018 
harvest specifications. Pursuant to Sec.  679.20(a)(2) and (3), the 
Council could recommend adjusting the TACs if warranted on the 
biological condition of groundfish stocks or a variety of socioeconomic 
considerations; or if required in order to cause the sum to fall within 
the optimum yield range.
    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. 
These surveys provide updated estimates of stock biomass and spatial 
distribution, and changes to the models used for producing stock 
assessments. NMFS scientists presented updated and new survey results, 
changes to assessment models, and accompanying stock estimates at the 
September 2016 Plan Team meeting, and the SSC reviewed this information 
at the October 2016 Council meeting. The species with possible 
significant model changes are Pacific cod, pollock, sablefish, and 
sharks. In November 2016, the Plan Team considered updated stock 
assessments for groundfish, which will be included in the draft 2016 
SAFE report.
    If the draft 2016 SAFE report indicates that the stock biomass 
trend is increasing for a species, then the final 2017 and 2018 harvest 
specifications for that species may reflect an increase from the 
proposed harvest specifications. Conversely, if the draft 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.
    The proposed 2017 and 2018 OFLs, ABCs, and TACs are based on the 
best available biological and socioeconomic information, including 
projected biomass trends, information on assumed distribution of stock 
biomass, and revised methods used to calculate stock biomass. The FMP 
specifies the formulas, or tiers, to be used to compute OFLs and ABCs. 
The formulas applicable to a particular stock or stock complex are 
determined by the level of reliable information available to the 
fisheries scientists. This information is categorized into a successive 
series of six tiers to define OFL and ABC amounts, with Tier 1 
representing the highest level of information quality available and 
Tier 6 representing the lowest level of information quality available. 
The Plan Team used the FMP tier structure to calculate OFLs and ABCs 
for each groundfish species. 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 and the AP's 
TAC recommendations. These amounts are unchanged from the final 2017 
harvest specifications published in the Federal Register on March 18, 
2016 (81 FR 14740).

Specification and Apportionment of TAC Amounts

    The Council recommended proposed 2017 and 2018 TACs that are equal 
to proposed ABCs for all species and species groups, with the exception 
of shallow-water flatfish in the Western GOA, arrowtooth flounder, 
flathead sole in the Western and Central GOA, ``other rockfish'' in 
Southeast Outside (SEO) District, Atka mackerel, and Pacific cod. The 
shallow-water flatfish, arrowtooth flounder, and flathead sole TACs are 
set to allow for harvest opportunities while conserving the halibut PSC 
limit for use in other fisheries. The ``other rockfish'' TAC is set to 
reduce the potential amount of discards in the SEO District. The Atka 
mackerel TAC is set to accommodate incidental catch amounts of this 
species in other directed fisheries. The Pacific cod TACs are reduced 
from ABC amounts to accommodate the State waters Pacific cod fisheries. 
Similarly, the combined Western, Central, and West Yakutat pollock ABC 
is reduced to account for the State water pollock fishery. These 
reductions are described below.
    The proposed 2017 and 2018 Pacific cod TACs are set to accommodate 
the State's guideline harvest levels (GHLs) for Pacific cod in State 
waters in the Western and Central Regulatory Areas, as well as in 
Prince William Sound (PWS). The Plan Team, SSC, AP, and Council 
recommended that the sum of all State and Federal water Pacific cod 
removals from the GOA not exceed ABC recommendations. Accordingly, the 
Council reduced the proposed 2017 and 2018 Pacific cod TACs in the 
Eastern, Central, and Western Regulatory Areas to account for State 
GHLs. Therefore, the proposed 2017 and 2018 Pacific cod TACs are less 
than the proposed ABCs by the following amounts: (1) Eastern GOA, 1,898 
mt; (2) Central GOA, 10,653 mt; and (3) Western GOA, 10,499 mt. These 
amounts reflect the sum of the State's 2017 and 2018 GHLs in these 
areas, which are 25 percent of the Eastern and Central, and 30 percent 
of the Western GOA proposed ABCs.

[[Page 87883]]

    The ABC for the pollock stock in the combined Western, Central, and 
West Yakutat Regulatory Areas (W/C/WYK) includes the amount for the GHL 
established by the State for the PWS pollock fishery. The Plan Team, 
SSC, AP, and Council recommended that the sum of all State and Federal 
water pollock removals from the GOA not exceed ABC recommendations. For 
2017 and 2018, the SSC recommended and the Council approved the W/C/WYK 
pollock ABC, including the amount to account for the State's PWS GHL. 
At the November 2016 Plan Team meeting, State fisheries managers 
recommended setting the PWS GHL at 2.5 percent of the annual W/C/WYK 
pollock ABC. For 2017, this yields a PWS pollock GHL of 6,264 mt, a 
slight decrease from the 2016 PWS GHL of 6,358 mt. The proposed W/C/WYK 
2017 and 2018 pollock ABC is 250,544 mt, and the proposed TAC is 
244,280 mt.
    Apportionments of pollock to the W/C/WYK management areas are 
considered to be ``apportionments of annual catch limit (ACLs)'' rather 
than ``ABCs.'' This more accurately reflects that such apportionments 
address management, rather than biological or conservation, concerns. 
In addition, apportioning ACLs in this manner allow NMFS to balance any 
transfer of TAC from one area to another pursuant to Sec.  
679.20(a)(5)(iv)(B) to ensure that the area-wide ACL and ABC are not 
exceeded.
    NMFS' proposed apportionments for groundfish species are based on 
the distribution of biomass among the regulatory areas under which NMFS 
manages the species. Additional regulations govern the apportionment of 
pollock, Pacific cod, and sablefish. Additional detail on these 
apportionments are described below, and briefly summarized here.
    NMFS proposes pollock TACs in the W/C/WYK and the SEO District of 
the GOA (see Table 1). NMFS also proposes seasonal apportionment of the 
annual pollock TAC in the Western and Central Regulatory Areas of the 
GOA among Statistical Areas 610, 620, and 630. These apportionments are 
divided equally among each of the following four seasons: The A season 
(January 20 through March 10), the B season (March 10 through May 31), 
the C season (August 25 through October 1), and the D season (October 1 
through November 1) (Sec.  679.23(d)(2)(i) through (iv), and Sec.  
679.20(a)(5)(iv)(A) and (B)). Additional detail is provided below; 
Table 2 lists these amounts.
    NMFS proposes Pacific cod TACs in the Western, Central, and Eastern 
GOA (see Table 1). NMFS also proposes seasonal apportionment of the 
Pacific cod TACs in the Western and Central Regulatory Areas. Sixty 
percent of the annual TAC is apportioned to the A season for hook-and-
line, pot, or jig gear from January 1 through June 10, and for trawl 
gear from January 20 through June 10. Forty percent of the annual TAC 
is apportioned to the B season for jig gear from June 10 through 
December 31, for hook-and-line or pot gear from September 1 through 
December 31, and for trawl gear from September 1 through November 1 
(Sec. Sec.  679.23(d)(3) and 679.20(a)(12)). The Western and Central 
GOA Pacific cod TACs are allocated among various gear and operational 
sectors. Table 3 lists the amounts apportioned to each sector.
    The Council's recommendation for sablefish area apportionments 
takes into account the prohibition on the use of trawl gear in the SEO 
District of the Eastern Regulatory Area and makes available 5 percent 
of the combined Eastern Regulatory Area ABCs to trawl gear for use as 
incidental catch in other groundfish fisheries in the WYK District 
(Sec.  679.20(a)(4)(i)). Additional detail is provided below; Tables 4 
and 5 list these amounts.
    For 2017 and 2018, the Council recommends and NMFS proposes the 
OFLs, ABCs, and TACs listed in Table 1. The proposed ABCs reflect 
harvest amounts that are less than the specified overfishing levels. 
Table 1 lists the proposed 2017 and 2018 OFLs, ABCs, TACs, and area 
apportionments of groundfish in the GOA. These amounts are consistent 
with the biological condition of groundfish stocks as described in the 
2015 SAFE report, and adjusted for other biological and socioeconomic 
considerations, including maintaining the total TAC within the required 
OY range. The sum of the proposed TACs for all GOA groundfish is 
573,872 mt for 2017 and 2018, which is within the OY range specified by 
the FMP. These proposed amounts and apportionments by area, season, and 
sector are subject to change pending consideration of the draft 2016 
SAFE report and the Council's recommendations for the final 2017 and 
2018 harvest specifications during its December 2016 meeting.

    Table 1--Proposed 2017 and 2018 ABCs, TACs, and OFLs of Groundfish for the Western/Central/West Yakutat,
    Western, Central, and Eastern Regulatory Areas, and in the West Yakutat, Southeast Outside, and Gulfwide
                                         Districts of the Gulf of Alaska
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                Species                         Area \1\                OFL             ABC           TAC \2\
----------------------------------------------------------------------------------------------------------------
Pollock \2\...........................  Shumagin (610)..........             n/a          55,657          55,657
                                        Chirikof (620)..........             n/a         123,078         123,078
                                        Kodiak (630)............             n/a          56,336          56,336
                                        WYK (640)...............             n/a           9,209           9,209
                                        W/C/WYK (subtotal)......         289,937         250,544         244,280
                                        SEO (650)...............          13,226           9,920           9,920
                                                                 -----------------------------------------------
                                           Total................         303,163         260,464         254,200
----------------------------------------------------------------------------------------------------------------
Pacific cod \3\.......................  W.......................             n/a          34,998          24,499
                                        C.......................             n/a          42,610          31,958
                                        E.......................             n/a           7,592           5,693
                                                                 -----------------------------------------------
                                           Total................         100,800          85,200          62,150
----------------------------------------------------------------------------------------------------------------
Sablefish \4\.........................  W.......................             n/a           1,163           1,163
                                        C.......................             n/a           3,678           3,678
                                        WYK.....................             n/a           1,348           1,348
                                        SEO.....................             n/a           2,118           2,118

[[Page 87884]]

 
                                        E (WYK and SEO)                      n/a           3,466           3,466
                                         (subtotal).
                                                                 -----------------------------------------------
                                           Total................           9,825           8,307           8,307
----------------------------------------------------------------------------------------------------------------
Shallow-water flatfish \5\............  W.......................             n/a          19,159          13,250
                                        C.......................             n/a          17,680          17,680
                                        WYK.....................             n/a           2,919           2,919
                                        SEO.....................             n/a           1,006           1,006
                                                                 -----------------------------------------------
                                           Total................          50,220          40,764          34,855
----------------------------------------------------------------------------------------------------------------
Deep-water flatfish \6\...............  W.......................             n/a             187             187
                                        C.......................             n/a           3,516           3,516
                                        WYK.....................             n/a           3,015           3,015
                                        SEO.....................             n/a           2,563           2,563
                                                                 -----------------------------------------------
                                           Total................          11,168           9,281           9,281
----------------------------------------------------------------------------------------------------------------
Rex sole..............................  W.......................             n/a           1,318           1,318
                                        C.......................             n/a           4,453           4,453
                                        WYK.....................             n/a             767             767
                                        SEO.....................             n/a             969             969
                                                                 -----------------------------------------------
                                           Total................           9,810           7,507           7,507
----------------------------------------------------------------------------------------------------------------
Arrowtooth flounder...................  W.......................             n/a          28,659          14,500
                                        C.......................             n/a         109,804          75,000
                                        WYK.....................             n/a          37,999           6,900
                                        SEO.....................             n/a          12,870           6,900
                                                                 -----------------------------------------------
                                           Total................         196,714         189,332         103,300
----------------------------------------------------------------------------------------------------------------
Flathead sole.........................  W.......................             n/a          11,080           8,650
                                        C.......................             n/a          20,307          15,400
                                        WYK.....................             n/a           2,944           2,944
                                        SEO.....................             n/a             856             856
                                                                 -----------------------------------------------
                                           Total................          43,060          35,187          27,850
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch \7\...............  W.......................             n/a           2,709           2,709
                                        C.......................             n/a          16,860          16,860
                                        WYK.....................             n/a           2,818           2,818
                                        W/C/WYK.................          26,045          22,387          22,387
                                        SEO.....................           2,096           1,802           1,802
                                                                 -----------------------------------------------
                                           Total................          28,141          24,189          24,189
----------------------------------------------------------------------------------------------------------------
Northern rockfish \8\.................  W.......................             n/a             430             430
                                        C.......................             n/a           3,338           3,338
                                        E.......................             n/a               4  ..............
                                                                 -----------------------------------------------
                                           Total................           4,501           3,768           3,768
----------------------------------------------------------------------------------------------------------------
Shortraker rockfish \9\...............  W.......................             n/a              38              38
                                        C.......................             n/a             301             301
                                        E.......................             n/a             947             947
                                                                 -----------------------------------------------
                                           Total................           1,715           1,286           1,286
----------------------------------------------------------------------------------------------------------------
Dusky rockfish \10\...................  W.......................             n/a             159             159
                                        C.......................             n/a           3,791           3,791
                                        WYK.....................             n/a             251             251
                                        SEO.....................             n/a              83              83
                                                                 -----------------------------------------------
                                           Total................           5,253           4,284           4,284
----------------------------------------------------------------------------------------------------------------
Rougheye and blackspotted rockfish      W.......................             n/a             105             105
 \11\.
                                        C.......................             n/a             705             705
                                        E.......................             n/a             515             515
                                                                 -----------------------------------------------

[[Page 87885]]

 
                                           Total................           1,592           1,325           1,325
----------------------------------------------------------------------------------------------------------------
Demersal shelf rockfish \12\..........  SEO.....................             364             231             231
----------------------------------------------------------------------------------------------------------------
Thornyhead rockfish \13\..............  W.......................             n/a             291             291
                                        C.......................             n/a             988             988
                                        E.......................             n/a             682             682
                                                                 -----------------------------------------------
                                           Total................           2,615           1,961           1,961
----------------------------------------------------------------------------------------------------------------
Other rockfish 14 15..................  W/C combined............             n/a           1,534           1,534
                                        WYK.....................             n/a             574             574
                                        SEO.....................             n/a           3,665             200
                                                                 -----------------------------------------------
                                           Total................           7,424           5,773           2,308
----------------------------------------------------------------------------------------------------------------
Atka mackerel.........................  GW......................           6,200           4,700           2,000
----------------------------------------------------------------------------------------------------------------
Big skates \16\.......................  W.......................             n/a             908             908
                                        C.......................             n/a           1,850           1,850
                                        E.......................             n/a           1,056           1,056
                                                                 -----------------------------------------------
                                           Total................           5,086           3,814           3,814
----------------------------------------------------------------------------------------------------------------
Longnose skates \17\..................  W.......................             n/a              61              61
                                        C.......................             n/a           2,513           2,513
                                        E.......................             n/a             632             632
                                                                 -----------------------------------------------
                                           Total................           4,274           3,206           3,206
----------------------------------------------------------------------------------------------------------------
Other skates \18\.....................  GW......................           2,558           1,919           1,919
Sculpins..............................  GW......................           7,338           5,591           5,591
Sharks................................  GW......................           6,020           4,514           4,514
Squids................................  GW......................           1,530           1,148           1,148
Octopuses.............................  GW......................           6,504           4,878           4,878
                                                                 -----------------------------------------------
    Total.............................  ........................         815,875         708,629         573,872
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec.   679.2. (W = Western Gulf of Alaska; C = Central Gulf of
  Alaska; E = Eastern Gulf of Alaska; WYK = West Yakutat District; SEO = Southeast Outside District; GW = Gulf-
  wide).
\2\ The combined pollock ABC for the Western, Central, and West Yakutat areas is apportioned in the Western/
  Central Regulatory Areas among four statistical areas. These apportionments are considered subarea ACLs,
  rather than ABCs, for specification and reapportionment purposes. Table 2 lists the proposed 2017 and 2018
  seasonal apportionments. In the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area,
  pollock is not divided into seasonal allowances.
\3\ Section 679.20(a)(12)(i) requires the allocation of the Pacific cod TACs in the Western and Central
  Regulatory Areas of the GOA among gear and operational sectors. The annual Pacific cod TAC is apportioned
  among various sectors, 60 percent to the A season and 40 percent to the B season in the Western and Central
  Regulatory Areas of the GOA. In the Eastern Regulatory Area of the GOA, Pacific cod is allocated 90 percent
  for processing by the inshore component and 10 percent for processing by the offshore component. Table 3 lists
  the proposed 2017 and 2018 Pacific cod seasonal apportionments.
\4\ Sablefish is allocated to hook-and-line and trawl gear in 2017 and trawl gear in 2018. Tables 4 and 5 list
  the proposed 2017 and 2018 allocations of sablefish TACs.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
  arrowtooth flounder.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deep-sea sole.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinous. For management purposes the 3 mt apportionment of ABC to
  the WYK District of the Eastern Gulf of Alaska has been included in the other rockfish (slope rockfish)
  species group.
\9\ ``Shortraker rockfish'' means Sebastes borealis.
\10\ ``Dusky rockfish'' means Sebastes variabilis.
\11\ ``Rougheye rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
  S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Thornyhead rockfish'' means Sebastes species.
\14\ ``Other rockfish (slope rockfish)'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S.
  paucispinis (bocaccio), S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S.
  variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus
  (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola
  (stripetail), S. miniatus (vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus
  (yellowtail). In the Eastern GOA only, ``other rockfish'' also includes northern rockfish (S. polyspinous).
\15\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means all
  rockfish species included in the ``other rockfish'' and demersal shelf rockfish categories.
\16\ ``Big skates'' means Raja binoculata.
\17\ ``Longnose skates'' means Raja rhina.
\18\ ``Other skates'' means Bathyraja and Raja spp.


[[Page 87886]]

Proposed Apportionment of Reserves

    Section 679.20(b)(2) requires NMFS to set aside 20 percent of each 
TAC for pollock, Pacific cod, flatfish, sculpins, sharks, squids, and 
octopuses in reserves for possible apportionment at a later date during 
the fishing year. In 2016, NMFS reapportioned all of the reserves in 
the final harvest specifications. For 2017 and 2018, NMFS proposes 
reapportionment of each of the reserves for pollock, Pacific cod, 
flatfish, sculpins, sharks, squids, and octopuses back into the 
original TAC from which the reserve was derived. NMFS anticipates, 
based on recent harvest patterns, that such reserves are not necessary 
and the entire TAC for each of these species will be caught. The TACs 
in Table 1 reflect this proposed reapportionment of reserve amounts for 
these species and species groups, i.e., each proposed TAC for the above 
mentioned species categories contains the full TAC recommended by the 
Council.

Proposed Apportionments of Pollock TAC Among Seasons and Regulatory 
Areas, and Allocations for Processing by Inshore and Offshore 
Components

    In the GOA, pollock is apportioned by season and area, and is 
further allocated for processing by inshore and offshore components. 
Pursuant to Sec.  679.20(a)(5)(iv)(B), the annual pollock TAC specified 
for the Western and Central Regulatory Areas of the GOA is apportioned 
into four equal seasonal allowances of 25 percent. As established by 
Sec.  679.23(d)(2)(i) through (iv), the A, B, C, and D season 
allowances are available from January 20 through March 10, March 10 
through May 31, August 25 through October 1, and October 1 through 
November 1, respectively.
    Pollock TACs in the Western and Central Regulatory Areas of the GOA 
are apportioned among Statistical Areas 610, 620, and 630, pursuant to 
Sec.  679.20(a)(5)(iv)(A). In the A and B seasons, the apportionments 
have historically been based on the proportional distribution of 
pollock biomass based on the four most recent NMFS winter surveys. In 
the C and D seasons, the apportionments are in proportion to the 
distribution of pollock biomass based on the four most recent NMFS 
summer surveys. For 2017 and 2018, the Council recommends, and NMFS 
proposes, following the methodology used for the 2016 and 2017 harvest 
specifications. This methodology averages the winter and summer 
distribution of pollock in the Central Regulatory Area for the A season 
instead of using the distribution based on only the winter surveys. The 
average is intended to reflect the best available information about 
migration patterns, distribution of pollock, and the performance of the 
fishery in the area during the A season. For the A season, the 
apportionment is based on the proposed adjusted estimate of the 
relative distribution of pollock biomass of approximately 6 percent, 73 
percent, and 21 percent in Statistical Areas 610, 620, and 630, 
respectively. For the B season, the apportionment is based on the 
relative distribution of pollock biomass of approximately 6 percent, 85 
percent, and 9 percent in Statistical Areas 610, 620, and 630, 
respectively. For the C and D seasons, the apportionment is based on 
the relative distribution of pollock biomass of approximately 41 
percent, 26 percent, and 33 percent in Statistical Areas 610, 620, and 
630, respectively.
    Within any fishing year, the amount by which a seasonal allowance 
is underharvested or overharvested may be added to, or subtracted from, 
subsequent seasonal allowances in a manner to be determined by the 
Regional Administrator (Sec.  679.20(a)(5)(iv)(B)). The rollover amount 
is limited to 20 percent of the unharvested seasonal apportionment for 
the statistical area. Any unharvested pollock above the 20-percent 
limit could be further distributed to the other statistical areas, in 
proportion to the estimated biomass in the subsequent season in those 
statistical areas (Sec.  679.20(a)(5)(iv)(B)). The proposed 2017 and 
2018 pollock TACs in the WYK District of 9,209 mt and SEO District of 
9,920 mt are not allocated by season.
    Section 679.20(a)(6)(i) requires the allocation of 100 percent of 
the pollock apportionments in all regulatory areas and all seasonal 
allowances to vessels catching pollock for processing by the inshore 
component after subtraction of pollock amounts projected by the 
Regional Administrator to be caught by, or delivered to, the offshore 
component incidental to directed fishing for other groundfish species. 
Thus, the amount of pollock available for harvest by vessels harvesting 
pollock for processing by the offshore component is that amount that 
will be taken as incidental catch during directed fishing for 
groundfish species other than pollock, up to the maximum retainable 
amounts allowed under Sec.  679.20(e) and (f). At this time, these 
incidental catch amounts of pollock are unknown and will be determined 
as fishing activity occurs during the fishing year by the offshore 
component.
    Table 2 lists the proposed 2017 and 2018 seasonal biomass 
distribution of pollock in the Western and Central Regulatory Areas, 
area apportionments, and seasonal allowances. The amounts of pollock 
for processing by the inshore and offshore components are not shown.

       Table 2--Proposed 2017 and 2018 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska; Seasonal Biomass
                                      Distribution, Area Apportionments; and Seasonal Allowances of Annual TAC \1\
                                                     [Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Season \2\                                      Shumagin (Area 610)
                                                Chirikof (Area 620)
                                                 Kodiak (Area 630)             Total \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A (Jan 20-Mar 10).......................           3,769         (6.41%)          42,732        (72.71%)          12,272        (20.88%)          58,768
B (Mar 10-May 31).......................           3,769         (6.41%)          49,996        (85.07%)           5,007         (8.52%)          58,768
C (Aug 25-Oct 1)........................          24,060        (40.94%)          15,176        (25.82%)          19,529        (33.23%)          58,768
D (Oct 1-Nov 1).........................          24,060        (40.94%)          15,175        (25.82%)          19,529        (33.23%)          58,768
                                         ---------------------------------------------------------------------------------------------------------------
    Annual Total........................          55,657  ..............         123,078  ..............          56,336  ..............         235,071
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec.   679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 through March 10, March 10
  through May 31, August 25 through October 1, and October 1 through November 1, respectively. The amounts of pollock for processing by the inshore and
  offshore components are not shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in
  this table.


[[Page 87887]]

Proposed Annual and Seasonal Apportionments of Pacific Cod TAC

    Pursuant to Sec.  679.20(a)(12)(i), NMFS proposes allocations for 
the 2017 and 2018 Pacific cod TACs in the Western and Central 
Regulatory Areas of the GOA among gear and operational sectors. NMFS 
also proposes allocating the 2017 and 2018 Pacific cod TACs annually 
between the inshore and offshore components in the Eastern GOA (Sec.  
679.20(a)(6)(ii)). In the Central GOA, the Pacific cod TAC is 
apportioned seasonally first to vessels using jig gear, and then among 
catcher vessels (CVs) less than 50 feet in length overall using hook-
and-line gear, CVs equal to or greater than 50 feet in length overall 
using hook-and-line gear, catcher/processors (C/Ps) using hook-and-line 
gear, CVs using trawl gear, C/Ps using trawl gear, and vessels using 
pot gear (Sec.  679.20(a)(12)(i)(B)). In the Western GOA, the Pacific 
cod TAC is apportioned seasonally first to vessels using jig gear, and 
then among CVs using hook-and-line gear, C/Ps using hook-and-line gear, 
CVs using trawl gear, C/Ps using trawl gear, and vessels using pot gear 
(Sec.  679.20(a)(12)(i)(A)). The overall seasonal apportionments in the 
Western and Central GOA are 60 percent of the annual TAC to the A 
season and 40 percent of the annual TAC to the B season.
    Under Sec.  679.20(a)(12)(ii), any overage or underage of the 
Pacific cod allowance from the A season will be subtracted from, or 
added to, the subsequent B season allowance. In addition, any portion 
of the hook-and-line, trawl, pot, or jig sector allocations that is 
determined by NMFS as likely to go unharvested by a sector may be 
reapportioned to other sectors for harvest during the remainder of the 
fishing year.
    Pursuant to Sec.  679.20(a)(12)(i)(A) and (B), a portion of the 
annual Pacific cod TACs in the Western and Central GOA will be 
allocated to vessels with a Federal fisheries permit that use jig gear 
before TAC is apportioned among other non-jig sectors. In accordance 
with the FMP, the annual jig sector allocations may increase to up to 6 
percent of the annual Western and Central GOA Pacific cod TACs, 
depending on the annual performance of the jig sector (see Table 1 of 
Amendment 83 to the FMP for a detailed discussion of the jig sector 
allocation process (76 FR 74670, December 1, 2011)). Jig sector 
allocation increases are established for a minimum of 2 years.
    NMFS has evaluated the historical harvest performance of the jig 
sector in the Western and Central GOA, and is establishing the proposed 
2017 and 2018 Pacific cod apportionments to this sector based on the 
jig performance through 2015. NMFS proposes that the jig sector receive 
3.5 percent of the annual Pacific cod TAC in the Western GOA. This 
includes a base allocation of 1.5 percent and an additional 2.0 percent 
because this sector harvested greater than 90 percent of its initial 
2012 and 2014 allocations in the Western GOA. NMFS also proposes that 
the jig sector would receive 1.0 percent of the annual Pacific cod TAC 
in the Central GOA. This includes a base allocation of 1.0 percent and 
no additional performance increase. These historical Pacific cod jig 
allocations, catch, and percent allocation changes are listed in 
Example 1.

     Example 1--Summary of Western GOA and Central GOA Management Area Pacific Cod Catch by Jig Gear in 2012 Through 2015, and Corresponding Percent
                                                                   Allocation Changes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Percent of
             Area                    Year           Initial       Initial TAC     Catch (mt)        initial      >90% of  initial    Change to percent
                                                percent of TAC    allocation                      allocation       allocation?           allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
WGOA..........................            2012             1.5             315             322             102  Y................  Increase 1%
                                          2013             2.5             530             273              52  N................  None
                                          2014             2.5             573             785             137  Y................  Increase 1%
                                          2015             3.5             948              55               6  N................  None
CGOA..........................            2012             1.0             427             400              94  Y................  Increase 1%
                                          2013             2.0             740             202              27  N................  None
                                          2014             2.0             797             262              33  N................  None
                                          2015             1.0             460             355              77  N................  Decrease 1%
--------------------------------------------------------------------------------------------------------------------------------------------------------

    NMFS will re-evaluate the annual 2015 and 2016 harvest performance 
of each jig sector when the 2016 fishing year is complete to determine 
whether to change the jig sector allocations proposed by this action in 
conjunction with the final 2017 and 2018 harvest specifications. The 
current catch through November 2016 by the Western GOA jig sector 
indicates that the Pacific cod allocation percentage to this sector 
would probably decrease by 1 percent in 2017. Also, the current catch 
by the Central GOA jig sector indicates that this sector's Pacific cod 
allocation percentage would not change in 2017. The jig sector 
allocations are further apportioned between the A (60 percent) and B 
(40 percent) seasons (Sec.  679.20(a)(12)(i) and Sec.  
679.23(d)(3)(iii)).
    Table 3 lists the seasonal apportionments and allocations of the 
proposed 2017 and 2018 Pacific cod TACs.

[[Page 87888]]



  Table 3--Proposed 2017 and 2018 Seasonal Apportionments and Allocations of Pacific Cod Total Allowable Catch
 Amounts in the GOA; Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA for Processing
                                     by the Inshore and Offshore Components
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                             A season                        B season
                                                 ---------------------------------------------------------------
                                      Annual          Sector                          Sector
   Regulatory area and sector       allocation     percentage of     Seasonal      percentage of     Seasonal
                                       (mt)        annual  non-     allowances     annual  non-     allowances
                                                      jig TAC          (mt)           jig TAC          (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA:
    Jig (3.5% of TAC)...........             857             N/A             514             N/A             343
    Hook-and-line CV............             331            0.70             165            0.70             165
    Hook-and-line C/P...........           4,681           10.90           2,577            8.90           2,104
    Trawl CV....................           9,078           27.70           6,549           10.70           2,530
    Trawl C/P...................             567            0.90             213            1.50             355
    Pot CV and Pot C/P..........           8,984           19.80           4,681           18.20           4,303
                                 -------------------------------------------------------------------------------
        Total...................          24,499           60.00          14,699           40.00           9,799
----------------------------------------------------------------------------------------------------------------
Central GOA:
    Jig (1.0% of TAC)...........             320             N/A             192             N/A             128
    Hook-and-line <50 CV........           4,620            9.32           2,947            5.29           1,673
    Hook-and-line >=50 CV.......           2,122            5.61           1,775            1.10             347
    Hook-and-line C/P...........           1,615            4.11           1,299            1.00             316
    Trawl CV \1\................          13,156           21.13           6,687           20.45           6,470
    Trawl C/P...................           1,328            2.00             634            2.19             694
    Pot CV and Pot C/P..........           8,797           17.83           5,641            9.97           3,156
                                 -------------------------------------------------------------------------------
        Total...................          31,958           60.00          19,175           40.00          12,783
                                                 ---------------------------------------------------------------
Eastern GOA:                      ..............    Inshore (90% of Annual TAC)
                                   Offshore (10% of Annual TAC)
                                                 ---------------------------------------------------------------
                                           5,693               5,124
                                                569
----------------------------------------------------------------------------------------------------------------
\1\ Trawl vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 1,409 mt, of the
  annual Central GOA TAC (see Table 28c to 50 CFR part 679), which is deducted from the Trawl CV B season
  allowance (see Table 8).

Proposed Allocations of the Sablefish TACs Amounts to Vessels Using 
Hook-and-Line and Trawl Gear

    Sections 679.20(a)(4)(i) and (ii) require allocations of sablefish 
TACs for each of the regulatory areas and districts to hook-and-line 
and trawl gear. In the Western and Central Regulatory Areas, 80 percent 
of each TAC is allocated to hook-and-line gear, and 20 percent of each 
TAC is allocated to trawl gear. In the Eastern Regulatory Area, 95 
percent of the TAC is allocated to hook-and-line gear and 5 percent is 
allocated to trawl gear. The trawl gear allocation in the Eastern GOA 
may only be used to support incidental catch of sablefish in directed 
fisheries for other target species (Sec.  679.20(a)(4)(i)).
    In recognition of the prohibition against trawl gear in the SEO 
District of the Eastern Regulatory Area, the Council recommended and 
NMFS proposes the allocation of 5 percent of the combined Eastern 
Regulatory Area sablefish TAC to trawl gear in the WYK District, making 
the remainder of the WYK sablefish TAC available to vessels using hook-
and-line gear. NMFS proposes to allocate 100 percent of the sablefish 
TAC in the SEO District to vessels using hook-and-line gear. This 
action results in a proposed 2017 allocation of 173 mt to trawl gear 
and 1,175 mt to hook-and-line gear in the WYK District, a 2,118 mt to 
hook-and-line gear in the SEO District, and a 2018 allocation of 173 mt 
to trawl gear in the WYK District. Table 4 lists the allocations of the 
proposed 2017 sablefish TACs to hook-and-line and trawl gear. Table 5 
lists the allocations of the proposed 2018 sablefish TACs to trawl 
gear.
    The Council recommended that the hook-and-line sablefish TAC be 
established annually to ensure that the sablefish IFQ fishery is 
conducted concurrently with the halibut IFQ fishery and is based on 
recent survey information. The Council also recommended that only the 
trawl sablefish TAC be established for 2 years so that retention of 
incidental catch of sablefish by trawl gear could commence in January 
in the second year of the groundfish harvest specifications. Since 
there is an annual assessment for sablefish and the final harvest 
specifications are expected to be published before the IFQ season 
begins (typically, in early March), the Council recommended that the 
sablefish TAC be set annually, rather than for 2 years, so that the 
best available scientific information could be considered in 
establishing the ABCs and TACs. With the exception of the trawl 
allocations that are provided to the Rockfish Program cooperatives (see 
Table 28c to part 679), directed fishing for sablefish with trawl gear 
is closed during the fishing year. Also, fishing for groundfish with 
trawl gear is prohibited prior to January 20. Therefore, it is not 
likely that the sablefish allocation to trawl gear would be reached 
before the effective date of the final 2017 and 2018 harvest 
specifications.

[[Page 87889]]



 Table 4--Proposed 2017 Sablefish Total Allowable Catch (TAC) in the Gulf of Alaska and Allocations to Hook-and-
                                               Line and Trawl Gear
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                                Hook-and-line
                       Area/district                               TAC           allocation     Trawl allocation
----------------------------------------------------------------------------------------------------------------
Western...................................................             1,163               930               233
Central \1\...............................................             3,678             2,942               736
West Yakutat \2\..........................................             1,348             1,175               173
Southeast Outside.........................................             2,118             2,118                 0
                                                           -----------------------------------------------------
    Total.................................................             8,307             7,166             1,142
----------------------------------------------------------------------------------------------------------------
\1\ The trawl allocation to the Central Regulatory Area is further reduced by the sablefish apportioned to the
  Rockfish Program cooperatives (378 mt). See Table 8. This results in 358 mt being available for the non-
  Rockfish Program trawl fisheries.
\2\ The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West
  Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.


 Table 5--Proposed 2018 Sablefish Total Allowable Catch (TAC) in the Gulf of Alaska and Allocation to Trawl Gear
                                                        1
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                                Hook-and-line
                       Area/district                               TAC           allocation     Trawl allocation
----------------------------------------------------------------------------------------------------------------
Western...................................................             1,163               n/a               233
Central \2\...............................................             3,678               n/a               736
West Yakutat \3\..........................................             1,348               n/a               173
Southeast Outside.........................................             2,118               n/a                 0
                                                           -----------------------------------------------------
    Total.................................................             8,307               n/a             1,142
----------------------------------------------------------------------------------------------------------------
\1\ The trawl allocation to the Central Regulatory Area is further reduced by the sablefish apportioned to the
  Rockfish Program cooperatives (378 mt). See Table 8. This results in 358 mt being available for the non-
  Rockfish Program trawl fisheries.
\2\ The Council recommended that harvest specifications for the hook-and-line gear sablefish Individual Fishing
  Quota fisheries be limited to 1 year.
\3\ The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West
  Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.

Proposed Apportionments to the Rockfish Program

    These proposed 2017 and 2018 harvest specifications for the GOA 
include the fishery cooperative allocations and sideboard limitations 
established by the Rockfish Program. Program participants are primarily 
trawl CVs and trawl C/Ps, with limited participation by vessels using 
longline gear. The Rockfish Program assigns quota share and cooperative 
quota to participants for primary (Pacific ocean perch, northern 
rockfish, and dusky rockfish) and secondary species (Pacific cod, 
rougheye rockfish, sablefish, shortraker rockfish, and thornyhead 
rockfish), allows a participant holding a license limitation program 
(LLP) license with rockfish quota share to form a rockfish cooperative 
with other persons, and allows holders of C/P LLP licenses to opt out 
of the fishery. The Rockfish Program also has an entry level fishery 
for rockfish primary species for vessels using longline gear.
    Under the Rockfish Program, rockfish primary species in the Central 
GOA are allocated to participants after deducting for incidental catch 
needs in other directed groundfish fisheries. Participants in the 
Rockfish Program also receive a portion of the Central GOA TAC of 
specific secondary species. Besides groundfish species, the Rockfish 
Program allocates a portion of the halibut PSC limit (191 mt) from the 
third season deep-water species fishery allowance for the GOA trawl 
fisheries to Rockfish Program participants (Sec.  679.81(d)). Rockfish 
Program sideboards and halibut PSC limits are discussed below.
    Additionally, the Rockfish Program establishes sideboard limits to 
restrict the ability of harvesters that operate under the Rockfish 
Program to increase their participation in other, non-Rockfish Program 
fisheries. These restrictions are discussed in a subsequent section 
titled ``Rockfish Program Groundfish Sideboard and Halibut PSC 
Limitations.''
    Section 679.81(a)(2)(ii) requires allocations of 5 mt of Pacific 
ocean perch, 5 mt of northern rockfish, and 30 mt of dusky rockfish to 
the entry level longline fishery in 2017 and 2018. The allocation for 
the entry level longline fishery would increase incrementally each year 
if the catch exceeds 90 percent of the allocation of a species. The 
incremental increase in the allocation would continue each year until 
it is the maximum percentage of the TAC for that species. In 2016, the 
catch did not exceed 90 percent of any allocated rockfish species. 
Therefore, NMFS is not proposing an increase to the entry level 
longline fishery 2017 and 2018 allocations in the Central GOA. The 
remainder of the TACs for the rockfish primary species would be 
allocated to the CV and C/P cooperatives. Table 6 lists the allocations 
of the proposed 2017 and 2018 TACs for each rockfish primary species to 
the entry level longline fishery, the incremental increase for future 
years, and the maximum percentage of the TAC for the entry level 
longline fishery.

[[Page 87890]]



 Table 6--Proposed 2017 and 2018 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery in
                                           the Central Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
                                                                      Incremental increase in
                                                                      2018 if >=90  percent of    Up to maximum
        Rockfish primary species          2017 and 2018 allocations      2017 allocation is      percent of each
                                                                             harvested               TAC of:
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch....................  5 metric tons.............  5 metric tons............                 1
Northern rockfish......................  5 metric tons.............  5 metric tons............                 2
Dusky rockfish.........................  30 metric tons............  20 metric tons...........                 5
----------------------------------------------------------------------------------------------------------------

    Section 679.81(a)(2) requires allocations of rockfish primary 
species among various components of the Rockfish Program. Table 7 lists 
the proposed 2017 and 2018 allocations of rockfish in the Central GOA 
to the entry level longline fishery, and Rockfish CV and C/P 
Cooperatives in the Rockfish Program. NMFS also proposes setting aside 
incidental catch amounts (ICAs) for other directed fisheries in the 
Central GOA of 1,500 mt of Pacific ocean perch, 300 mt of northern 
rockfish, and 250 mt of dusky rockfish. These amounts are based on 
recent average incidental catches in the Central GOA by other 
groundfish fisheries.
    Allocations among vessels belonging to CV or C/P cooperatives are 
not included in these proposed harvest specifications. Rockfish Program 
applications for CV cooperatives and C/P cooperatives are not due to 
NMFS until March 1 of each calendar year; therefore, NMFS cannot 
calculate 2017 and 2018 allocations in conjunction with these proposed 
harvest specifications. NMFS will post these allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov/sustainablefisheries/rockfish/ when they become available after March 
1.

 Table 7--Proposed 2017 and 2018 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the Entry Level Longline Fishery and Rockfish
                                                          Cooperatives in the Rockfish Program
                                                     [Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Allocation to
                                                                                  Incidental catch                     the entry level    Allocation to
                   Rockfish primary species                            TAC         allowance (ICA)    TAC minus ICA     longline \1\      the Rockfish
                                                                                                                           fishery      Cooperatives \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch...........................................            16,860             1,500            15,360                 5            15,535
Northern rockfish.............................................             3,338               300             3,038                 5             3,033
Dusky rockfish................................................             3,791               250             3,541                30             3,511
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................            23,989             2,050            21,939                40            21,899
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear.
\2\ Rockfish cooperatives include vessels in CV and C/P cooperatives.

    Section 679.81(c) requires allocations of rockfish secondary 
species to CV and C/P cooperatives in the GOA. CV cooperatives receive 
allocations of Pacific cod, sablefish from the trawl gear allocation, 
and thornyhead rockfish. C/P cooperatives receive allocations of 
sablefish from the trawl allocation, rougheye rockfish, shortraker 
rockfish, and thornyhead rockfish. Table 8 lists the apportionments of 
the proposed 2017 and 2018 TACs of rockfish secondary species in the 
Central GOA to CV and C/P cooperatives.

   Table 8--Proposed 2017 and 2018 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher
                                    Vessel and Catcher/Processor Cooperatives
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                    Catcher vessel cooperatives          Catcher/processor
                                                 --------------------------------          cooperatives
   Rockfish secondary species       Central GOA                                  -------------------------------
                                    annual TAC     Percentage of   Apportionment   Percentage of   Apportionment
                                                        TAC            (mt)             TAC            (mt)
----------------------------------------------------------------------------------------------------------------
Pacific cod.....................          31,958            3.81           1,218             0.0             0.0
Sablefish.......................           3,678            6.78             249            3.51             129
Shortraker rockfish.............             301             0.0               0           40.00             120
Rougheye rockfish...............             705             0.0               0           58.87             415
Thornyhead rockfish.............             988            7.84              77           26.50             262
----------------------------------------------------------------------------------------------------------------

Halibut PSC Limits

    Section 679.21(d) establishes annual halibut PSC limit 
apportionments to trawl and hook-and-line gear, and authorizes the 
establishment of apportionments for pot gear. In October 2016, the 
Council recommended halibut PSC limits of 1,706 mt for trawl gear, 257 
mt for hook-and-line gear, and 9 mt for the demersal shelf rockfish 
(DSR) fishery in the SEO District.
    The DSR fishery in the SEO District is defined at Sec.  
679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut 
PSC limit in recognition of its small-scale harvests of groundfish. 
NMFS estimates low halibut bycatch in the DSR fishery because (1) the 
duration of the DSR fisheries and the gear soak times are short, (2) 
the DSR fishery

[[Page 87891]]

occurs in the winter when less overlap occurs in the distribution of 
DSR and halibut, and (3) the directed commercial DSR fishery has a low 
DSR TAC. The Alaska Department of Fish and Game sets the commercial GHL 
for the DSR fishery after deducting (1) estimates of DSR incidental 
catch in all fisheries (including halibut and subsistence) and (2) the 
allocation to the DSR sport fish fishery. Of the 231 mt TAC for DSR in 
2016, 188 mt were available for the DSR commercial directed fishery, of 
which 8 mt were harvested.
    The FMP authorizes the Council to exempt specific gear from the 
halibut PSC limits. NMFS, after consultation with the Council, proposes 
to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear 
fishery categories from the non-trawl halibut PSC limit for 2017 and 
2018. The Council recommended, and NMFS is proposing, these exemptions 
because (1) pot gear fisheries have low annual halibut bycatch 
mortality, (2) IFQ program regulations prohibit discard of halibut if 
any halibut IFQ permit holder on board a CV holds unused halibut IFQ 
(Sec.  679.7(f)(11)), (3) some sablefish IFQ permit holders hold 
halibut IFQ permits and are therefore required to retain the halibut 
they catch while fishing sablefish IFQ, and (4) NMFS estimates 
negligible halibut mortality for the jig gear fisheries. NMFS estimates 
halibut mortality is negligible in the jig gear fisheries given the 
small amount of groundfish harvested by jig gear, the selective nature 
of jig gear, and the high survival rates of halibut caught and released 
with jig gear.
    The best available information on estimated halibut bycatch 
consists of data collected by fisheries observers during 2016. The 
calculated halibut bycatch mortality through November 8, 2016, is 1,321 
mt for trawl gear and 206 mt for hook-and-line gear for a total halibut 
mortality of 1,527 mt. This halibut mortality was calculated using 
groundfish and halibut catch data from the NMFS Alaska Region's catch 
accounting system. This accounting system contains historical and 
recent catch information compiled from each Alaska groundfish fishery.
    Section 679.21(d)(4)(i) and (ii) authorizes NMFS to seasonally 
apportion the halibut PSC limits after consultation with the Council. 
The FMP and regulations require that the Council and NMFS consider the 
following information in seasonally apportioning halibut PSC limits: 
(1) Seasonal distribution of halibut, (2) seasonal distribution of 
target groundfish species relative to halibut distribution, (3) 
expected halibut bycatch needs on a seasonal basis relative to changes 
in halibut biomass and expected catch of target groundfish species, (4) 
expected bycatch rates on a seasonal basis, (5) expected changes in 
directed groundfish fishing seasons, (6) expected actual start of 
fishing effort, and (7) economic effects of establishing seasonal 
halibut allocations on segments of the target groundfish industry. 
Based on public comment and the information presented in the final 2016 
SAFE report, the Council may recommend or NMFS may make changes to the 
seasonal, gear-type, or fishery category apportionments of halibut PSC 
limits for the final 2017 and 2018 harvest specifications.
    The final 2016 and 2017 harvest specifications (81 FR 14740, March 
18, 2016) summarized the Council's and NMFS' findings with respect to 
halibut PSC for each of these FMP considerations. The Council's and 
NMFS' findings for 2017 are unchanged from 2016. Table 9 lists the 
proposed 2017 and 2018 Pacific halibut PSC limits, allowances, and 
apportionments. The halibut PSC limits in these tables reflect the 
halibut PSC limits set forth at Sec.  679.21(d)(2) and Sec.  
679.21(d)(3). Sections 679.21(d)(4)(iii) and (iv) specify that any 
underages or overages of a seasonal apportionment of a PSC limit will 
be deducted from or added to the next respective seasonal apportionment 
within the fishing year.

           Table 9--Proposed 2017 and 2018 Pacific Halibut PSC Limits, Allowances, and Apportionments
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                   Trawl gear                                         Hook-and-line gear \1\
----------------------------------------------------------------------------------------------------------------
                                                             Other than DSR                       DSR
           Season              Percent   Amount  ---------------------------------------------------------------
                                                       Season       Percent   Amount        Season       Amount
----------------------------------------------------------------------------------------------------------------
January 20-April 1..........      27.5       469  January 1-June         86       221  January 1-              9
                                                   10.                                  December 31.
April 1-July 1..............        20       341  June 10-                2         5
                                                   September 1.
July 1-September 1..........        30       512  September 1-           12        31
                                                   December 31.
September 1-October 1.......       7.5       128
October 1-December 31.......        15       256
                             --------------------                 --------------------                 ---------
    Total...................  ........     1,706  ...............  ........       257  ...............         9
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal
  shelf rockfish (DSR) fishery and fisheries other than DSR. The hook-and-line sablefish fishery is exempt from
  halibut PSC limits, as are pot and jig gear for all groundfish fisheries.

    Section 679.21(d)(3)(ii) authorizes further apportionment of the 
trawl halibut PSC limit as bycatch allowances to trawl fishery 
categories. The annual apportionments are based on each category's 
proportional share of the anticipated halibut bycatch mortality during 
a fishing year and optimization of the total amount of groundfish 
harvest under the halibut PSC limit. The fishery categories for the 
trawl halibut PSC limits are (1) a deep-water species fishery, composed 
of sablefish, rockfish, deep-water flatfish, rex sole, and arrowtooth 
flounder; and (2) a shallow-water species fishery, composed of pollock, 
Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, 
skates and ``other species'' (sculpins, sharks, squids, and octopuses) 
(Sec.  679.21(d)(3)(iii)). Table 10 lists the proposed 2017 and 2018 
seasonal apportionments of trawl halibut PSC limits between the trawl 
gear deep-water and the shallow-water species fisheries.
    Table 28d to 50 CFR part 679 specifies the amount of the trawl 
halibut PSC limit that is assigned to the CV and C/P sectors that are 
participating in the Central GOA Rockfish Program. This includes 117 mt 
of halibut PSC limit to the CV sector and 74 mt of halibut PSC limit to 
the C/P sector. These amounts are allocated from the trawl deep-water 
species fishery's halibut PSC third seasonal apportionment.
    Section 679.21(d)(4)(iii)(B) limits the amount of the halibut PSC 
limit

[[Page 87892]]

allocated to Rockfish Program participants that could be re-apportioned 
to the general GOA trawl fisheries to no more than 55 percent of the 
unused annual halibut PSC apportioned to Rockfish Program participants. 
The remainder of the unused Rockfish Program halibut PSC limit is 
unavailable for use by vessels directed fishing with trawl gear for the 
remainder of the fishing year (Sec.  679.21(d)(4)(iii)(C)).

  Table 10--Proposed 2017 and 2018 Seasonal Apportionments of the Pacific Halibut PSC Limit Apportioned Between
                          the Trawl Gear Shallow-Water and Deep-Water Species Fisheries
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                          Season                              Shallow-water    Deep-water \1\         Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1........................................               384                85               469
April 1-July 1............................................                85               256               341
July 1-September 1........................................               171               341               512
September 1-October 1.....................................               128             (\3\)               128
                                                           -----------------------------------------------------
    Subtotal, January 20-October 1........................               768               682             1,450
October 1-December 31 \2\.................................  ................  ................               256
                                                           -----------------------------------------------------
        Total.............................................  ................  ................             1,706
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Rockfish Program will receive 191 mt of the third season (July
  1 through September 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth
  season (October 1 through December 31).
\3\ Any remainder.

    Section 679.21(d)(2) requires that the ``other hook-and-line 
fishery'' halibut PSC apportionment to vessels using hook-and-line gear 
must be divided between CVs and C/Ps. NMFS must calculate the halibut 
PSC limit apportionments for the entire GOA to hook-and-line CVs and C/
Ps in accordance with Sec.  679.21(d)(2)(iii) in conjunction with these 
harvest specifications. A comprehensive description and example of the 
calculations necessary to apportion the ``other hook-and-line fishery'' 
halibut PSC limit between the hook-and-line CV and C/P sectors were 
included in the proposed rule to implement Amendment 83 to the FMP (76 
FR 44700, July 26, 2011) and is not repeated here.
    For 2017 and 2018, NMFS proposes annual halibut PSC limit 
apportionments of 129 mt and 128 mt to the hook-and-line CV and hook-
and-line C/P sectors, respectively. The 2017 and 2018 annual halibut 
PSC limits are divided into three seasonal apportionments, using 
seasonal percentages of 86 percent, 2 percent, and 12 percent. Table 11 
lists the proposed 2017 and 2018 annual halibut PSC limits and seasonal 
apportionments between the hook-and-line CV and hook-and-line C/P 
sectors in the GOA.
    No later than November 1 of each year, NMFS calculates the 
projected unused amount of halibut PSC limit by either of the hook-and-
line sectors for the remainder of the year. The projected unused amount 
of halibut PSC limit is made available to the other hook-and-line 
sector for the remainder of that fishing year if NMFS determines that 
an additional amount of halibut PSC limit is necessary for that sector 
to continue its directed fishing operations (Sec.  
679.21(d)(2)(iii)(C)).

 Table 11--Proposed 2017 and 2018 Apportionments of the ``Other Hook-and-Line Fisheries'' Halibut PSC Allowance
                   Between the Hook-and-Line Gear Catcher Vessel and Catcher/Processor Sectors
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Sector
  ``Other than DSR''     Hook-and-line     Sector annual          Season             Seasonal        seasonal
      allowance              sector           amount                                percentage        amount
----------------------------------------------------------------------------------------------------------------
257..................  Catcher Vessel...             129  January 1-June 10.....              86             111
                                          ..............  June 10-September 1...               2               3
                                          ..............  September 1-December                12              15
                                                           31.
                       Catcher/Processor             128  January 1-June 10.....              86             110
                                          ..............  June 10-September 1...               2               3
                                          ..............  September 1-December                12              15
                                                           31.
----------------------------------------------------------------------------------------------------------------

Halibut Discard Mortality Rates

    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 GOA stock assessment process. 
The DMR methodology and findings are included as an appendix to the 
annual GOA groundfish SAFE report.
    Historically, DMRs consisted of long-term averages of annual DMRs 
within target fisheries that were defined by management area, gear, and 
target species. Since the late 1990s, halibut

[[Page 87893]]

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 region, gear, and target species. Long-term averages are 
taken from annual estimates for the most recent 10-year period with the 
number of years with data to support annual DMR estimates varying among 
fisheries. Fishery-specific DMRs, once calculated, have generally been 
put in place for 3-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 GOA 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 9, 10, 
and 11). The DMRs proposed for 2017 and 2018 GOA 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.
     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 and 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 1,620 mt of halibut 
mortality, whereas using the recommended DMRs yielded 1,688 mt of 
halibut morality (a four percent increase). Calculating the 2016 
halibut mortality (through September 2016) yielded 1,243 mt of halibut 
mortality, versus 1,256 mt of halibut mortality when applying the 
recommended DMRs (a one percent increase).
    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 12 lists the proposed 
2017 and 2018 DMRs.

   Table 12--Proposed 2017 and 2018 Halibut Discard Mortality Rates for Vessels Fishing in the Gulf of Alaska
                               [Values are percent of halibut assumed to be dead]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Discard
                  Gear                              Sector                      Program           mortality rate
                                                                                                     (percent)
----------------------------------------------------------------------------------------------------------------
Hook-and-line...........................  C/P.......................  non-Rockfish Program......              11
Hook-and-line...........................  CV........................  non-Rockfish Program......              12
Pot.....................................  CV and C/P................  non-Rockfish Program......              10
Pelagic trawl...........................  CV........................  Rockfish Program..........             100
Non-pelagic trawl.......................  CV........................  Rockfish Program..........              85
Pelagic trawl...........................  CV........................  non-Rockfish Program......             100

[[Page 87894]]

 
Non-pelagic trawl.......................  CV........................  non-Rockfish Program......              63
Non-pelagic trawl.......................  C/P and Mothership........  non-Rockfish Program......              85
Non-pelagic trawl.......................  C/P.......................  Rockfish Program..........              85
Pelagic trawl...........................  C/P.......................  Rockfish Program..........             100
Pelagic trawl...........................  C/P.......................  non-Rockfish Program......             100
----------------------------------------------------------------------------------------------------------------

Chinook Salmon Prohibited Species Catch Limit

    Amendment 93 to the FMP (77 FR 42629, July 20, 2012) established 
separate Chinook salmon PSC limits in the Western and Central GOA in 
the directed pollock trawl fishery. These limits require NMFS to close 
the pollock directed fishery in the Western and Central regulatory 
areas of the GOA if the applicable limit is reached (Sec.  
679.21(h)(8)). The annual Chinook salmon PSC limits in the pollock 
directed fishery of 6,684 salmon in the Western GOA and 18,316 salmon 
in the Central GOA are set in Sec.  679.21(h)(2)(i) and (ii). In 
addition, all salmon (regardless of species), taken in the pollock 
directed fisheries in the Western and Central GOA must be retained 
until an observer at the processing facility that takes delivery of the 
catch is provided an opportunity to count the number of salmon and to 
collect any scientific data or biological samples from the salmon 
(Sec.  679.21(h)(6)).
    Amendment 97 to the FMP (79 FR 71350, December 2, 2014) established 
an initial annual PSC limit of 7,500 Chinook salmon for the non-pollock 
groundfish fisheries. This limit is apportioned among three sectors: 
3,600 Chinook salmon to trawl C/Ps; 1,200 Chinook salmon to trawl CVs 
participating in the Rockfish Program; and 2,700 Chinook salmon to 
trawl CVs not participating in the Rockfish Program that are fishing 
for groundfish species other than pollock (Sec.  679.21(h)(4)). NMFS 
will monitor the Chinook salmon PSC in the non-pollock GOA groundfish 
fisheries and close an applicable sector if it reaches its Chinook 
salmon PSC limit.
    The Chinook salmon PSC limit for two sectors, trawl C/Ps and trawl 
CVs not participating in the Rockfish Program, may be increased in 
subsequent years based on the performance of these two sectors and 
their ability to minimize their use of their respective Chinook salmon 
PSC limits. If either or both of these two sectors limits its use of 
Chinook salmon PSC to a certain threshold amount in 2016, that sector 
will receive an incremental increase to its 2017 Chinook salmon PSC 
limit (Sec.  679.21(h)(4)). NMFS will evaluate the annual Chinook 
salmon PSC by trawl C/Ps and non-Rockfish Program CVs when the 2016 
fishing year is complete to determine whether to increase the Chinook 
salmon PSC limits for these two sectors. Based on preliminary 2016 
Chinook salmon PSC data, the trawl C/P sector will receive an 
incremental increase of its Chinook salmon PSC limit, as will the non-
Rockfish Program CV sector. This evaluation will be completed in 
conjunction with the final 2017 and 2018 harvest specifications.
    As described earlier in this preamble, Amendment 103 to the FMP 
became effective in 2016. The regulations associated with Amendment 103 
authorize NMFS to use inseason management actions to reapportion unused 
Chinook salmon PSC among the pollock and non-pollock sectors. As of 
November 15, 2016, NMFS has not exercised this authority, as none of 
the trawl sectors have needed such reapportionments.

American Fisheries Act (AFA) Catcher/Processor and Catcher Vessel 
Groundfish Sideboard Limits

    Section 679.64 establishes groundfish harvesting and processing 
sideboard limits on AFA C/Ps and CVs in the GOA. These sideboard limits 
are necessary to protect the interests of fishermen and processors who 
do not directly benefit from the AFA from those fishermen and 
processors who receive exclusive harvesting and processing privileges 
under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA C/Ps from 
harvesting any species of fish in the GOA. Additionally, Sec.  
679.7(k)(1)(iv) prohibits listed AFA C/Ps from processing any pollock 
harvested in a directed pollock fishery in the GOA and any groundfish 
harvested in Statistical Area 630 of the GOA.
    AFA CVs that are less than 125 ft (38.1 meters) length overall, 
have annual landings of pollock in the Bering Sea and Aleutian Islands 
of less than 5,100 mt, and have made at least 40 landings of GOA 
groundfish from 1995 through 1997 are exempt from GOA sideboard limits 
under Sec.  679.64(b)(2)(ii). Sideboard limits for non-exempt AFA CVs 
operating in the GOA are based on their traditional harvest levels of 
TAC in groundfish fisheries covered by the FMP. Section 
679.64(b)(3)(iv) establishes the groundfish sideboard limitations in 
the GOA based on the retained catch of non-exempt AFA CVs of each 
sideboard species from 1995 through 1997 divided by the TAC for that 
species over the same period.
    Table 13 lists the proposed 2017 and 2018 groundfish sideboard 
limits for non-exempt AFA CVs. NMFS will deduct all targeted or 
incidental catch of sideboard species made by non-exempt AFA CVs from 
the sideboard limits listed in Table 13.

[[Page 87895]]



 Table 13--Proposed 2017 and 2018 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard
                                                     Limits
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of  1995-                  Proposed 2017
                                                                    1997  non-     Proposed 2017  and  2018 non-
           Species              Apportionments    Area/component  exempt AFA  CV  and  2018 TACs   exempt AFA CV
                                by season/gear                    catch  to 1995-       \3\          sideboard
                                                                      1997 TAC                         limit
----------------------------------------------------------------------------------------------------------------
Pollock......................  A Season--        Shumagin (610).          0.6047           3,769           2,279
                                January 20-      Chirikof (620).          0.1167          42,732           4,987
                                March 10.
                                                 Kodiak (630)...          0.2028          12,272           2,489
                               B Season--March   Shumagin (610).          0.6047           3,769           2,279
                                10-May 31.       Chirikof (620).          0.1167          49,996           5,835
                                                 Kodiak (630)...          0.2028           5,007           1,015
                               C Season--August  Shumagin (610).          0.6047          24,060          14,549
                                25-October 1.    Chirikof (620).          0.1167          15,176           1,771
                                                 Kodiak (630)...          0.2028          19,529           3,960
                               D Season--        Shumagin (610).          0.6047          24,060          14,549
                                October 1-       Chirikof (620).          0.1167          15,175           1,771
                                November 1.
                                                 Kodiak (630)...          0.2028          19,529           3,960
                               Annual..........  WYK (640)......          0.3495           9,209           3,219
                                                 SEO (650)......          0.3495           9,920           3,467
Pacific cod..................  A Season \1\--    W..............          0.1331          14,699           1,956
                                January 1-June   C..............          0.0692          19,175           1,327
                                10.
                               B Season \2\--    W..............          0.1331           9,799           1,304
                                September 1-     C..............          0.0692          12,783             885
                                December 31.
                               Annual..........  E inshore......          0.0079           5,124              40
                                                 E offshore.....          0.0078             569               4
Sablefish....................  Annual, trawl     W..............          0.0000             233               0
                                gear.
                                                 C..............          0.0642             736              47
                                                 E..............          0.0433             173               8
Flatfish, shallow-water......  Annual..........  W..............          0.0156          13,250             207
                                                 C..............          0.0587          17,680           1,038
                                                 E..............          0.0126           3,925              49
Flatfish, deep-water.........  Annual..........  W..............          0.0000             187               0
                                                 C..............          0.0647           3,516             227
                                                 E..............          0.0128           5,578              71
Rex sole.....................  Annual..........  W..............          0.0007           1,318               1
                                                 C..............          0.0384           4,453             171
                                                 E..............          0.0029           1,736               5
Arrowtooth flounder..........  Annual..........  W..............          0.0021          14,500              30
                                                 C..............          0.0280          75,000           2,100
                                                 E..............          0.0002          13,800               3
Flathead sole................  Annual..........  W..............          0.0036           8,650              31
                                                 C..............          0.0213          15,400             328
                                                 E..............          0.0009           3,800               3
Pacific ocean perch..........  Annual..........  W..............          0.0023           2,709               6
                                                 C..............          0.0748          16,860           1,261
                                                 E..............          0.0466           4,620             215
Northern rockfish............  Annual..........  W..............          0.0003             430               0
                                                 C..............          0.0277           3,338              92
Shortraker rockfish..........  Annual..........  W..............          0.0000              38               0
                                                 C..............          0.0218             301               7
                                                 E..............          0.0110             947              10
Dusky Rockfish...............  Annual..........  W..............          0.0001             159               0
                                                 C..............          0.0000           3,791               0
                                                 E..............          0.0067             334               2
Rougheye rockfish............  Annual..........  W..............          0.0000             105               0
                                                 C..............          0.0237             705              17
                                                 E..............          0.0124             515               6
Demersal shelf rockfish......  Annual..........  SEO............          0.0020             231               0
Thornyhead rockfish..........  Annual..........  W..............          0.0280             291               8
                                                 C..............          0.0280             988              28
                                                 E..............          0.0280             682              19
Other Rockfish...............  Annual..........  W/C............          0.1699           1,534             261
                                                 E..............          0.0000             774               0
Atka mackerel................  Annual..........  Gulfwide.......          0.0309           2,000              62
Big skates...................  Annual..........  W..............          0.0063             908               6
                                                 C..............          0.0063           1,850              12
                                                 E..............          0.0063           1,056               7
Longnose skates..............  Annual..........  W..............          0.0063              61               0
                                                 C..............          0.0063           2,513              16

[[Page 87896]]

 
                                                 E..............          0.0063             632               4
Other skates.................  Annual..........  Gulfwide.......          0.0063           1,919              12
Sculpins.....................  Annual..........  Gulfwide.......          0.0063           5,591              35
Sharks.......................  Annual..........  Gulfwide.......          0.0063           4,514              28
Squids.......................  Annual..........  Gulfwide.......          0.0063           1,148               7
Octopuses....................  Annual..........  Gulfwide.......          0.0063           4,878              31
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA area apportionments of pollock are considered ACLs.

Non-Exempt AFA Catcher Vessel Halibut PSC Limits

    The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA 
are based on the aggregate retained groundfish catch by non-exempt AFA 
CVs in each PSC target category from 1995 through 1997 divided by the 
retained catch of all vessels in that fishery from 1995 through 1997 
(Sec.  679.64(b)(4)). Table 14 lists the proposed 2017 and 2018 non-
exempt AFA CV halibut PSC limits for vessels using trawl gear in the 
GOA.

  Table 14--Proposed 2017 and 2018 Non-Exempt American Fisheries Act Catcher Vessel Halibut Prohibited Species
                           Catch (PSC) Limits for Vessels Using Trawl Gear in the GOA
                               [PSC limits are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                             Ratio of  1995-
                                                            1997  non-exempt                     Proposed  2017
                                                             AFA CV retained   Proposed  2017     and 2018 non-
       Season            Season dates     Fishery category   catch to total     and 2018 PSC      exempt AFA CV
                                                             retained catch         limit           PSC limit
 
----------------------------------------------------------------------------------------------------------------
1...................  January 20-April   shallow-water....             0.340               384               131
                       1.
                                         deep-water.......             0.070                85                 6
2...................  April 1-July 1...  shallow-water....             0.340                85                29
                                         deep-water.......             0.070               256                18
3...................  July 1-September   shallow-water....             0.340               171                58
                       1.
                                         deep-water.......             0.070               341                24
4...................  September 1-       shallow-water....             0.340               128                44
                       October 1.
                                         deep-water.......             0.070                 0                 0
5...................  October 1-         all targets......             0.205               256                52
                       December 31.
                                                           -----------------------------------------------------
    Annual..........  .................  Total shallow-     ................  ................               262
                                          water.
                                         Total deep-water.  ................  ................                48
                                                           -----------------------------------------------------
                                         Grand Total, all   ................             1,706               362
                                          seasons and
                                          categories.
----------------------------------------------------------------------------------------------------------------

Non-AFA Crab Vessel Groundfish Sideboard Limits

    Section 680.22 establishes groundfish sideboard limits for vessels 
with a history of participation in the Bering Sea snow crab fishery to 
prevent these vessels from using the increased flexibility provided by 
the Crab Rationalization Program to expand their level of participation 
in the GOA groundfish fisheries. Sideboard harvest limits restrict 
these vessels' catch to their collective historical landings in each 
GOA groundfish fishery (except the fixed-gear sablefish fishery). 
Sideboard limits also apply to landings made using an LLP license 
derived from the history of a restricted vessel, even if that LLP 
license is used on another vessel.
    The basis for these sideboard harvest limits is described in detail 
in the final rules implementing the major provisions of the Crab 
Rationalization Program, including Amendments 18 and 19 to the Fishery 
Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs 
(Crab FMP) (70 FR 10174, March 2, 2005), Amendment 34 to the Crab FMP 
(76 FR 35772, June 20, 2011), Amendment 83 to the GOA FMP (76 FR 74670, 
December 1, 2011), and Amendment 45 to the Crab FMP (80 FR 28539, May 
19, 2015).
    Table 15 lists the proposed 2017 and 2018 groundfish sideboard 
limitations for non-AFA crab vessels. All targeted or incidental catch 
of sideboard species made by non-AFA crab vessels or associated LLP 
licenses will be deducted from these sideboard limits.

[[Page 87897]]



                         Table 15--Proposed 2017 and 2018 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
                                                     [Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Ratio of 1996-
                                                                                                      2000 non-AFA                        Proposed 2017
                                                                                                       crab vessel      Proposed 2017   and 2018 non-AFA
                 Species                          Season/gear              Area/component/gear       catch to 1996-     and 2018 TACs      crab vessel
                                                                                                       2000 total                        sideboard limit
                                                                                                         harvest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock.................................  A Season--January 20-March   Shumagin (610).............            0.0098             3,769                37
                                           10.                         Chirikof (620).............            0.0031            42,732               132
                                                                       Kodiak (630)...............            0.0002            12,272                 2
                                          B Season--March 10-May 31..  Shumagin (610).............            0.0098             3,769                37
                                                                       Chirikof (620).............            0.0031            49,996               155
                                                                       Kodiak (630)...............            0.0002             5,007                 1
                                          C Season--August 25-October  Shumagin (610).............            0.0098            24,060               236
                                           1.                          Chirikof (620).............            0.0031            15,176                47
                                                                       Kodiak (630)...............            0.0002            19,529                 4
                                          D Season--October 1-         Shumagin (610).............            0.0098            24,060               236
                                           November 1.                 Chirikof (620).............            0.0031            15,175                47
                                                                       Kodiak (630)...............            0.0002            19,529                 4
                                          Annual.....................  WYK (640)..................            0.0000             9,209
                                                                       SEO (650)..................            0.0000             9,920
Pacific cod.............................  A Season \1\--January 1-     W Jig CV...................            0.0000            14,699  ................
                                           June 10.                    W Hook-and-line CV.........            0.0004            14,699                 6
                                                                       W Pot CV...................            0.0997            14,699             1,466
                                                                       W Pot C/P..................            0.0078            14,699               115
                                                                       W Trawl CV.................            0.0007            14,699                10
                                                                       C Jig CV...................            0.0000            19,175  ................
                                                                       C Hook-and-line CV.........            0.0001            19,175                 2
                                                                       C Pot CV...................            0.0474            19,175               909
                                                                       C Pot C/P..................            0.0136            19,175               261
                                                                       C Trawl CV.................            0.0012            19,175                23
                                          B Season \2\--September 1-   W Jig CV...................            0.0000             9,799  ................
                                           December 31                 W Hook-and-line CV.........            0.0004             9,799                 4
                                                                       W Pot CV...................            0.0997             9,799               977
                                                                       W Pot C/P..................            0.0078             9,799                76
                                                                       W Trawl CV.................            0.0007             9,799                 7
                                                                       C Jig CV...................            0.0000            12,783  ................
                                                                       C Hook-and-line CV.........            0.0001            12,783                 1
                                                                       C Pot CV...................            0.0474            12,783               606
                                                                       C Pot C/P..................            0.0136            12,783               174
                                                                       C Trawl CV.................            0.0012            12,783                15
                                          Annual.....................  E inshore..................            0.0110             5,124                56
                                                                       E offshore.................            0.0000               569  ................
Sablefish...............................  Annual, trawl gear.........  W..........................            0.0000               233  ................
                                                                       C..........................            0.0000               736  ................
                                                                       E..........................            0.0000               173  ................
Flatfish, shallow-water.................  Annual.....................  W..........................            0.0059            13,250                78
                                                                       C..........................            0.0001            17,680                 2
                                                                       E..........................            0.0000             3,925  ................
Flatfish, deep-water....................  Annual.....................  W..........................            0.0035               187                 1
                                                                       C..........................            0.0000             3,516  ................
                                                                       E..........................            0.0000             5,578  ................
Rex sole................................  Annual.....................  W..........................            0.0000             1,318  ................
                                                                       C..........................            0.0000             4,453  ................
                                                                       E..........................            0.0000             1,736  ................
Arrowtooth flounder.....................  Annual.....................  W..........................            0.0004            14,500                 6
                                                                       C..........................            0.0001            75,000                 8
                                                                       E..........................            0.0000            13,800  ................
Flathead sole...........................  Annual.....................  W..........................            0.0002             8,650                 2
                                                                       C..........................            0.0004            15,400                 6
                                                                       E..........................            0.0000             3,800  ................
Pacific ocean perch.....................  Annual.....................  W..........................            0.0000             2,709  ................
                                                                       C..........................            0.0000            16,860  ................
                                                                       E..........................            0.0000             4,620  ................
Northern rockfish.......................  Annual.....................  W..........................            0.0005               430                 0
                                                                       C..........................            0.0000             3,338  ................
Shortraker rockfish.....................  Annual.....................  W..........................            0.0013                38                 0
                                                                       C..........................            0.0012               301                 0
                                                                       E..........................            0.0009               947                 1
Dusky rockfish..........................  Annual.....................  W..........................            0.0017               159                 0
                                                                       C..........................            0.0000             3,791  ................
                                                                       E..........................            0.0000               334  ................
Rougheye rockfish.......................  Annual.....................  W..........................            0.0067               105                 1
                                                                       C..........................            0.0047               705                 3
                                                                       E..........................            0.0008               515                 0
Demersal shelf rockfish.................  Annual.....................  SEO........................            0.0000               231  ................
Thornyhead rockfish.....................  Annual.....................  W..........................            0.0047               291                 1
                                                                       C..........................            0.0066               988                 7
                                                                       E..........................            0.0045               682                 3
Other rockfish..........................  Annual.....................  W..........................            0.0035             1,534                 5

[[Page 87898]]

 
                                                                       C..........................            0.0033               774  ................
                                                                       E..........................            0.0000             2,000  ................
Atka mackerel...........................  Annual.....................  Gulfwide...................            0.0000               908                36
Big skate...............................  Annual.....................  W..........................            0.0392             1,850                29
                                                                       C..........................            0.0159             1,056  ................
                                                                       E..........................            0.0000                61                 2
Longnose skate..........................  Annual.....................  W..........................            0.0392             2,513                40
                                                                       C..........................            0.0159               632  ................
                                                                       E..........................            0.0000             1,919                34
Other skates............................  Annual.....................  Gulfwide...................            0.0176             5,591                98
Sculpins................................  Annual.....................  Gulfwide...................            0.0176             4,514                79
Sharks..................................  Annual.....................  Gulfwide...................            0.0176             1,148                20
Squids..................................  Annual.....................  Gulfwide...................            0.0176             4,878                86
Octopuses...............................  Annual.....................  Gulfwide...................            0.0176                38                 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.

Rockfish Program Groundfish Sideboard and Halibut PSC Limitations

    The Rockfish Program establishes three classes of sideboard 
provisions: CV groundfish sideboard restrictions, C/P rockfish 
sideboard restrictions, and C/P opt-out vessel sideboard restrictions. 
These sideboards are intended to limit the ability of rockfish 
harvesters to expand into other fisheries.
    CVs participating in the Rockfish Program may not participate in 
directed fishing for dusky rockfish, northern rockfish, and Pacific 
ocean perch in the Western GOA and West Yakutat Districts from July 1 
through July 31. Also, CVs may not participate in directed fishing for 
arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from 
July 1 through July 31 (Sec.  679.82(d)).
    C/Ps participating in Rockfish Program cooperatives are restricted 
by rockfish and halibut PSC sideboard limits. These C/Ps are prohibited 
from directed fishing for northern rockfish, Pacific ocean perch, and 
dusky rockfish in the Western GOA and West Yakutat District from July 1 
through July 31. Holders of C/P-designated LLP licenses that opt out of 
participating in a Rockfish Program cooperative will be able to access 
those sideboard limits that are not assigned to Rockfish Program 
cooperatives. Table 16 lists the proposed 2017 and 2018 Rockfish 
Program C/P rockfish sideboard limits in the Western GOA and West 
Yakutat District. Due to confidentiality requirements associated with 
fisheries data, the sideboard limits for the West Yakutat District are 
not displayed.

Table 16--Proposed 2017 and 2018 Rockfish Program Sideboard Limits for the Western GOA and West Yakutat District
                                by Fishery for the Catcher/Processor (C/P) Sector
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                                             Proposed 2017 and
             Area                   Fishery       C/P sector (% of TAC)    Proposed 2017     2018 C/P sideboard
                                                                           and 2018 TACs           limit
----------------------------------------------------------------------------------------------------------------
Western GOA..................  Dusky rockfish..  72.3..................               159  115
                               Pacific ocean     50.6..................             2,709  1,371
                                perch.
                               Northern          74.3..................               430  319
                                rockfish.
West Yakutat District........  Dusky rockfish..     Confidential \1\                  251     Confidential \1\
                               Pacific ocean        Confidential \1\                2,818     Confidential \1\
                                perch.
----------------------------------------------------------------------------------------------------------------
\1\ Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS
  and the State of Alaska.

    Under the Rockfish Program, the C/P sector is subject to halibut 
PSC sideboard limits for the trawl deep-water and shallow-water species 
fisheries from July 1 through July 31. No halibut PSC sideboard limits 
apply to the CV sector, as vessels participating in a rockfish 
cooperative receive a portion of the annual halibut PSC limit. C/Ps 
that opt out of the Rockfish Program would be able to access that 
portion of the deep-water and shallow-water halibut PSC sideboard limit 
not assigned to C/P rockfish cooperatives. The sideboard provisions for 
C/Ps that elect to opt out of participating in a rockfish cooperative 
are described in Sec.  679.82(c), (e), and (f). Sideboard limits are 
linked to the catch history of specific vessels that may choose to opt 
out. After March 1, NMFS will determine which C/Ps have opted-out of 
the Rockfish Program in 2017, and will know the ratios and amounts used 
to calculate opt-out sideboard ratios. NMFS will then calculate any 
applicable opt-out sideboard limits and

[[Page 87899]]

post these limits on the Alaska Region Web site at http://alaskafisheries.noaa.gov/sustainablefisheries/rockfish/. Table 17 lists 
the 2017 and 2018 proposed Rockfish Program halibut PSC limits for the 
C/P sector.

                       Table 17--Proposed 2017 and 2018 Rockfish Program Halibut Mortality Limits for the Catcher/Processor Sector
                                                     [Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Shallow-water        Deep-water                         Annual shallow-      Annual deep-
                                                            species  fishery   species  fishery    Annual halibut     water species      water species
                          Sector                              halibut PSC        halibut PSC      mortality limit    fishery halibut    fishery  halibut
                                                            sideboard ratio    sideboard ratio          (mt)          PSC sideboard      PSC  sideboard
                                                               (percent)          (percent)                             limit (mt)         limit (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher/processor........................................              0.10               2.50              1,706                  2                 43
--------------------------------------------------------------------------------------------------------------------------------------------------------

Amendment 80 Program Groundfish and PSC Sideboard Limits

    Amendment 80 to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (Amendment 80 Program) 
established a limited access privilege program for the non-AFA trawl C/
P sector. The Amendment 80 Program established groundfish and halibut 
PSC limits for Amendment 80 Program participants to limit the ability 
of participants eligible for the Amendment 80 Program to expand their 
harvest efforts in the GOA.
    Section 679.92 establishes groundfish harvesting sideboard limits 
on all Amendment 80 Program vessels, other than the F/V Golden Fleece, 
to amounts no greater than the limits shown in Table 37 to part 679. 
Under Sec.  679.92(d), the F/V Golden Fleece is prohibited from 
directed fishing for pollock, Pacific cod, Pacific ocean perch, dusky 
rockfish, and northern rockfish in the GOA.
    Groundfish sideboard limits for Amendment 80 Program vessels 
operating in the GOA are based on their average aggregate harvests from 
1998 through 2004. Table 18 lists the proposed 2017 and 2018 sideboard 
limits for Amendment 80 Program vessels. NMFS will deduct all targeted 
or incidental catch of sideboard species made by Amendment 80 Program 
vessels from the sideboard limits in Table 18.

                            Table 18--Proposed 2017 and 2018 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
                                                     [Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Ratio of                          Proposed 2017
                                                                                                      Amendment 80      Proposed 2017       and 2018
                 Species                             Season                        Area              sector vessels     and 2018 TAC      Amendment 80
                                                                                                     1998-2004 catch        (mt)        vessel sideboard
                                                                                                         to TAC                           limits  (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock.................................  A Season--January 20-        Shumagin (610).............             0.003             3,769                11
                                           February 25.                Chirikof (620).............             0.002            42,732                85
                                                                       Kodiak (630)...............             0.002            12,272                25
                                          B Season--March 10-May 31..  Shumagin (610).............             0.003             3,769                11
                                                                       Chirikof (620).............             0.002            49,996               100
                                                                       Kodiak (630)...............             0.002             5,007                10
                                          C Season--August 25-         Shumagin (610).............             0.003            24,060                72
                                           September 15.               Chirikof (620).............             0.002            15,176                30
                                                                       Kodiak (630)...............             0.002            19,529                39
                                          D Season--October 1-         Shumagin (610).............             0.003            24,060                72
                                           November 1.                 Chirikof (620).............             0.002            15,175                30
                                                                       Kodiak (630)...............             0.002            19,529                39
                                          Annual.....................  WYK (640)..................             0.002             9,209                18
Pacific cod.............................  A Season \1\--January 1-     W..........................             0.020            14,699               294
                                           June 10.                    C..........................             0.044            19,175               844
                                          B Season \2\--September 1-   W..........................             0.020             9,799               196
                                           December 31.                C..........................             0.044            12,783               562
                                          Annual.....................  WYK........................             0.034             5,693               194
Pacific ocean perch.....................  Annual.....................  W..........................             0.994             2,709             2,693
                                                                       WYK........................             0.961             2,818             2,708
Northern rockfish.......................  Annual.....................  W..........................             1.000               430               430
Dusky rockfish..........................  Annual.....................  W..........................             0.764               159               121
                                                                       WYK........................             0.896               251               225
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.

    The halibut PSC sideboard limits for Amendment 80 Program vessels 
in the GOA are based on the historic use of halibut PSC by Amendment 80 
Program vessels in each PSC target category from 1998 through 2004. 
These values are slightly lower than the average historic use to 
accommodate two factors: Allocation of halibut PSC cooperative

[[Page 87900]]

quota under the Rockfish Program and the exemption of the F/V Golden 
Fleece from this restriction (Sec.  679.92(b)(2)). Table 19 lists the 
proposed 2017 and 2018 halibut PSC sideboard limits for Amendment 80 
Program vessels. These tables incorporate the maximum percentages of 
the halibut PSC sideboard limits that may be used by Amendment 80 
Program vessels, as contained in Table 38 to 50 CFR part 679.

    Table 19--Proposed 2017 and 2018 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                                                  Proposed 2017
                                                                Historic                            and 2018
                                                            Amendment 80 use    Proposed 2017     Amendment 80
       Season            Season dates     Fishery category    of the annual    and 2018 annual     vessel PSC
                                                               halibut PSC     PSC limit  (mt)   sideboard limit
                                                             limit  (ratio)                           (mt)
----------------------------------------------------------------------------------------------------------------
1...................  January 20-April   shallow-water....            0.0048             1,706                 8
                       1.
                                         deep-water.......            0.0115             1,706                20
2...................  April 1-July 1...  shallow-water....            0.0189             1,706                32
                                         deep-water.......            0.1072             1,706               183
3...................  July 1-September   shallow-water....            0.0146             1,706                25
                       1.
                                         deep-water.......            0.0521             1,706                89
4...................  September 1-       shallow-water....            0.0074             1,706                13
                       October 1.
                                         deep-water.......            0.0014             1,706                 2
5...................  October 1-         shallow-water....            0.0227             1,706                39
                       December 31.
                                         deep-water.......            0.0371             1,706                63
                                                           -----------------------------------------------------
    Annual..........  .................  Total shallow-     ................  ................               117
                                          water.
                                         Total deep-water.  ................  ................               357
                                                           -----------------------------------------------------
                                         Grand Total, all   ................  ................               474
                                          seasons and
                                          categories.
----------------------------------------------------------------------------------------------------------------

Classification

    NMFS has determined that the proposed harvest specifications are 
consistent with the FMP and preliminarily determined that the proposed 
harvest specifications are consistent with the Magnuson-Stevens Act and 
other applicable laws, subject to further review after public comment.
    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Orders 12866 and 13563.
    NMFS prepared an EIS for this action and made it available to the 
public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS 
issued the Record of Decision (ROD) for the Final EIS. A Supplemental 
Information Report (SIR) that assesses the need to prepare a 
Supplemental EIS is being prepared for the final action. Copies of the 
Final EIS, ROD, and SIR for this action are available from NMFS (see 
ADDRESSES). The Final EIS analyzes the environmental consequences of 
the proposed groundfish harvest specifications and alternative harvest 
strategies on resources in the action area. The Final EIS found no 
significant environmental consequences from the proposed action or its 
alternatives.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) as 
required by section 603 of the Regulatory Flexibility Act (RFA), 
analyzing the methodology for establishing the relevant TACs. The IRFA 
evaluated the impacts on small entities of alternative harvest 
strategies for the groundfish fisheries in the EEZ off Alaska. As set 
forth in the methodology, TACs are set to a level that fall within the 
range of ABCs recommended by the SSC; the sum of the TACs must achieve 
the OY specified in the FMP. While the specific numbers that the 
methodology produces may 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 GOA. The preferred alternative is the 
existing harvest strategy in which TACs fall within the range of ABCs 
recommended by the SSC. This action is taken in accordance with the FMP 
prepared by the Council pursuant to the Magnuson-Stevens Act.
    The entities directly regulated by this action are those that 
harvest groundfish in the EEZ of the GOA and in parallel fisheries 
within State of Alaska waters. These include entities operating CVs and 
C/Ps within the action area and entities receiving direct allocations 
of groundfish.
    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 IRFA shows that, in 2015, there were 969 individual CVs with 
gross revenues less than or equal to $11 million. This estimate 
accounts for corporate affiliations among vessels, and for cooperative 
affiliations among fishing entities, since some of the fishing vessels 
operating in the GOA are members of AFA inshore pollock cooperatives, 
GOA rockfish cooperatives, or BSAI Crab Rationalization Program 
cooperatives. Therefore, under the RFA, it is the aggregate gross 
receipts of all participating members of the cooperative that must meet 
the ``under $11 million'' threshold. Vessels that participate in these 
cooperatives are considered to be large entities within the meaning of 
the RFA. After accounting for membership in these cooperatives, there 
are an estimated 969 small CV entities remaining in the GOA

[[Page 87901]]

groundfish sector. This latter group of vessels had average gross 
revenues that varied by gear type. Average gross revenues for hook-and-
line CVs, pot gear vessels, and trawl gear vessels are estimated to be 
$350,000, $760,000, and $1.85 million, respectively. Revenue data for 
the three C/Ps considered to be small entities are confidential. There 
are three C/Ps that are considered to be small entities; however, their 
revenue data is confidential.
    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 GOA OY, in which 
case TACs would be limited to the OY. Alternative 3 would have set TACs 
to produce fishing rates equal to the most recent 5-year average 
fishing rate. Alternative 4 would have set TACs to equal the lower 
limit of the GOA 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 GOA Plan Team in September 2016, and reviewed 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 GOA OY of 800,000 mt. As shown in 
Table 1 of the preamble, the sum of ABCs in 2017 and 2018 would be 
708,629 mt, which falls below the upper bound of the OY range. The sum 
of TACs is 573,872 mt, which is less than 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. In 
some instances, the selection of Alternative 1 would not reflect the 
practical implications that increased TACs (where the sum of TACs 
equals the sum of ABCs) for some species probably would not be fully 
harvested. This could be due to a lack of commercial or market interest 
in such species. Additionally, an underharvest of some TACs could 
result due to constraints such as the fixed, and therefore 
constraining, PSC limits associated with the harvest of the GOA 
groundfish species.
    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 the TACs from the upper end of the OY range in the 
GOA, to its lower end of 116,000 mt. Overall, this would reduce 2017 
TACs by about 80 percent and would lead to significant reductions in 
harvests of species harvested by small entities. While reductions of 
this size would be associated with offsetting price increases, the size 
of these increases is very uncertain. There are close substitutes for 
GOA groundfish species available in significant quantities from the 
Bering Sea and Aleutian Islands management area. While production 
declines in the GOA would undoubtedly be associated with significant 
price increases in the GOA, these increases would still be constrained 
by production of substitutes, and are very unlikely to offset revenue 
declines from smaller production. Thus, this alternative would have a 
detrimental impact on small entities.
    Alternative 5, which sets all harvests equal to zero, would have a 
significant adverse economic impact on small entities and would be 
contrary to obligations to achieve OY on a continuing basis, as 
mandated by the Magnuson-Stevens Act. Under Alternative 5, all 969 
individual CVs impacted by this rule would have gross revenues of $0. 
Additionally, the three small C/Ps impacted by this rule also would 
have gross revenues of $0.
    The proposed harvest specifications (Alternative 2) 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 2016 Council meeting reports of its SSC and 
AP. Because the 2017 TACs in the proposed 2017 and 2018 harvest 
specifications are unchanged from the 2017 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 have significant 
adverse impacts on small entities.
    This action does not modify recordkeeping or reporting 
requirements, or duplicate, overlap, or conflict with any Federal 
rules.
    Adverse impacts on marine mammals or endangered species resulting 
from fishing activities conducted under this rule are discussed in the 
Final EIS and its accompanying annual SIRs (see ADDRESSES).

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

    Dated: November 30, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-29150 Filed 12-5-16; 8:45 am]
BILLING CODE 3510-22-P



                                                                          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
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                                                    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


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                                                    87882                 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                    for the sablefish individual fishing                    public comments in making its                         available. The Plan Team used the FMP
                                                    quota (IFQ) fisheries in the GOA on                     recommendations for the final 2017 and                tier structure to calculate OFLs and
                                                    August 19, 2016 (81 FR 55408). That                     2018 harvest specifications. Pursuant to              ABCs for each groundfish species. The
                                                    proposed action would authorize the                     § 679.20(a)(2) and (3), the Council could             SSC adopted the proposed 2017 and
                                                    use of longline pot gear in the GOA                     recommend adjusting the TACs if                       2018 OFLs and ABCs recommended by
                                                    sablefish IFQ fishery. The Secretary                    warranted on the biological condition of              the Plan Team for all groundfish
                                                    approved Amendment 101 on                               groundfish stocks or a variety of                     species. The Council adopted the SSC’s
                                                    November 4, 2016. If NMFS approves                      socioeconomic considerations; or if                   OFL and ABC recommendations and the
                                                    the final rule, NMFS expects it would be                required in order to cause the sum to                 AP’s TAC recommendations. These
                                                    effective for the 2017 GOA sablefish IFQ                fall within the optimum yield range.                  amounts are unchanged from the final
                                                    fishery.                                                   In previous years, the OFLs and ABCs               2017 harvest specifications published in
                                                                                                            that have had the most significant                    the Federal Register on March 18, 2016
                                                    Proposed Acceptable Biological Catch                    changes (relative to the amount of
                                                    (ABC) and TAC Specifications                                                                                  (81 FR 14740).
                                                                                                            assessed tonnage of fish) from the
                                                       In October 2016, the Council, its                    proposed to the final harvest                         Specification and Apportionment of
                                                    Scientific and Statistical Committee                    specifications have been for OFLs and                 TAC Amounts
                                                    (SSC), and its Advisory Panel (AP)                      ABCs that are based on the most recent                   The Council recommended proposed
                                                    reviewed the most recent biological and                 NMFS stock surveys. These surveys                     2017 and 2018 TACs that are equal to
                                                    harvest information about the condition                 provide updated estimates of stock                    proposed ABCs for all species and
                                                    of groundfish stocks in the GOA. This                   biomass and spatial distribution, and                 species groups, with the exception of
                                                    information was compiled by the GOA                     changes to the models used for                        shallow-water flatfish in the Western
                                                    Groundfish Plan Team (Plan Team) and                    producing stock assessments. NMFS                     GOA, arrowtooth flounder, flathead sole
                                                    presented in the final 2015 SAFE report                 scientists presented updated and new                  in the Western and Central GOA, ‘‘other
                                                    for the GOA groundfish fisheries, dated                 survey results, changes to assessment                 rockfish’’ in Southeast Outside (SEO)
                                                    November 2015 (see ADDRESSES). The                      models, and accompanying stock                        District, Atka mackerel, and Pacific cod.
                                                    SAFE report contains a review of the                    estimates at the September 2016 Plan                  The shallow-water flatfish, arrowtooth
                                                    latest scientific analyses and estimates                Team meeting, and the SSC reviewed                    flounder, and flathead sole TACs are set
                                                    of each species’ biomass and other                      this information at the October 2016                  to allow for harvest opportunities while
                                                    biological parameters, as well as                       Council meeting. The species with                     conserving the halibut PSC limit for use
                                                    summaries of the available information                  possible significant model changes are                in other fisheries. The ‘‘other rockfish’’
                                                    on the GOA ecosystem and the                            Pacific cod, pollock, sablefish, and                  TAC is set to reduce the potential
                                                    economic condition of the groundfish                    sharks. In November 2016, the Plan                    amount of discards in the SEO District.
                                                    fisheries off Alaska. From these data and               Team considered updated stock                         The Atka mackerel TAC is set to
                                                    analyses, the Plan Team estimates and                   assessments for groundfish, which will
                                                    the SSC sets an overfishing level (OFL)                                                                       accommodate incidental catch amounts
                                                                                                            be included in the draft 2016 SAFE
                                                    and ABC for each species or species                                                                           of this species in other directed
                                                                                                            report.
                                                    group. The amounts proposed for the                                                                           fisheries. The Pacific cod TACs are
                                                                                                               If the draft 2016 SAFE report
                                                    2017 and 2018 OFLs and ABCs are                         indicates that the stock biomass trend is             reduced from ABC amounts to
                                                    based on the 2015 SAFE report. The AP                   increasing for a species, then the final              accommodate the State waters Pacific
                                                    and Council recommended that the                        2017 and 2018 harvest specifications for              cod fisheries. Similarly, the combined
                                                    proposed 2017 and 2018 TACs be set                      that species may reflect an increase from             Western, Central, and West Yakutat
                                                    equal to proposed ABCs for all species                  the proposed harvest specifications.                  pollock ABC is reduced to account for
                                                    and species groups, with the exception                  Conversely, if the draft 2016 SAFE                    the State water pollock fishery. These
                                                    of the species categories further                       report indicates that the stock biomass               reductions are described below.
                                                    discussed below. The proposed OFLs,                     trend is decreasing for a species, then                  The proposed 2017 and 2018 Pacific
                                                    ABCs, and TACs could be changed in                      the final 2017 and 2018 harvest                       cod TACs are set to accommodate the
                                                    the final harvest specifications                        specifications may reflect a decrease                 State’s guideline harvest levels (GHLs)
                                                    depending on the most recent scientific                 from the proposed harvest                             for Pacific cod in State waters in the
                                                    information contained in the final 2016                 specifications.                                       Western and Central Regulatory Areas,
                                                    SAFE report. The draft stock                               The proposed 2017 and 2018 OFLs,                   as well as in Prince William Sound
                                                    assessments that will comprise, in part,                ABCs, and TACs are based on the best                  (PWS). The Plan Team, SSC, AP, and
                                                    the 2016 SAFE report are available at                   available biological and socioeconomic                Council recommended that the sum of
                                                    http://www.afsc.noaa.gov/REFM/stocks/                   information, including projected                      all State and Federal water Pacific cod
                                                    plan_team/draft_assessments.htm.                        biomass trends, information on assumed                removals from the GOA not exceed ABC
                                                       In November 2016, the Plan Team                      distribution of stock biomass, and                    recommendations. Accordingly, the
                                                    will update the 2015 SAFE report to                     revised methods used to calculate stock               Council reduced the proposed 2017 and
                                                    include new information collected                       biomass. The FMP specifies the                        2018 Pacific cod TACs in the Eastern,
                                                    during 2016, such as NMFS stock                         formulas, or tiers, to be used to compute             Central, and Western Regulatory Areas
                                                    surveys, revised stock assessments, and                 OFLs and ABCs. The formulas                           to account for State GHLs. Therefore,
                                                    catch data. The Plan Team will compile                  applicable to a particular stock or stock             the proposed 2017 and 2018 Pacific cod
                                                    this information and produce the draft                  complex are determined by the level of                TACs are less than the proposed ABCs
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                                                    2016 SAFE report for presentation at the                reliable information available to the                 by the following amounts: (1) Eastern
                                                    December 2016 Council meeting. At that                  fisheries scientists. This information is             GOA, 1,898 mt; (2) Central GOA, 10,653
                                                    meeting, the Council will consider                      categorized into a successive series of               mt; and (3) Western GOA, 10,499 mt.
                                                    information in the draft 2016 SAFE                      six tiers to define OFL and ABC                       These amounts reflect the sum of the
                                                    report, recommendations from the                        amounts, with Tier 1 representing the                 State’s 2017 and 2018 GHLs in these
                                                    November 2016 Plan Team meeting and                     highest level of information quality                  areas, which are 25 percent of the
                                                    December 2016 SSC and AP meetings,                      available and Tier 6 representing the                 Eastern and Central, and 30 percent of
                                                    public testimony, and relevant written                  lowest level of information quality                   the Western GOA proposed ABCs.


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                                                                                  Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                     87883

                                                       The ABC for the pollock stock in the                                    regulations govern the apportionment of                                sectors. Table 3 lists the amounts
                                                    combined Western, Central, and West                                        pollock, Pacific cod, and sablefish.                                   apportioned to each sector.
                                                    Yakutat Regulatory Areas (W/C/WYK)                                         Additional detail on these                                                The Council’s recommendation for
                                                    includes the amount for the GHL                                            apportionments are described below,                                    sablefish area apportionments takes into
                                                    established by the State for the PWS                                       and briefly summarized here.                                           account the prohibition on the use of
                                                    pollock fishery. The Plan Team, SSC,                                          NMFS proposes pollock TACs in the
                                                                                                                               W/C/WYK and the SEO District of the                                    trawl gear in the SEO District of the
                                                    AP, and Council recommended that the
                                                                                                                               GOA (see Table 1). NMFS also proposes                                  Eastern Regulatory Area and makes
                                                    sum of all State and Federal water
                                                    pollock removals from the GOA not                                          seasonal apportionment of the annual                                   available 5 percent of the combined
                                                    exceed ABC recommendations. For 2017                                       pollock TAC in the Western and Central                                 Eastern Regulatory Area ABCs to trawl
                                                    and 2018, the SSC recommended and                                          Regulatory Areas of the GOA among                                      gear for use as incidental catch in other
                                                    the Council approved the W/C/WYK                                           Statistical Areas 610, 620, and 630.                                   groundfish fisheries in the WYK District
                                                    pollock ABC, including the amount to                                       These apportionments are divided                                       (§ 679.20(a)(4)(i)). Additional detail is
                                                    account for the State’s PWS GHL. At the                                    equally among each of the following                                    provided below; Tables 4 and 5 list
                                                    November 2016 Plan Team meeting,                                           four seasons: The A season (January 20                                 these amounts.
                                                    State fisheries managers recommended                                       through March 10), the B season (March                                    For 2017 and 2018, the Council
                                                    setting the PWS GHL at 2.5 percent of                                      10 through May 31), the C season                                       recommends and NMFS proposes the
                                                    the annual W/C/WYK pollock ABC. For                                        (August 25 through October 1), and the                                 OFLs, ABCs, and TACs listed in Table
                                                    2017, this yields a PWS pollock GHL of                                     D season (October 1 through November                                   1. The proposed ABCs reflect harvest
                                                    6,264 mt, a slight decrease from the                                       1) (§ 679.23(d)(2)(i) through (iv), and                                amounts that are less than the specified
                                                    2016 PWS GHL of 6,358 mt. The                                              § 679.20(a)(5)(iv)(A) and (B)). Additional                             overfishing levels. Table 1 lists the
                                                    proposed W/C/WYK 2017 and 2018                                             detail is provided below; Table 2 lists                                proposed 2017 and 2018 OFLs, ABCs,
                                                    pollock ABC is 250,544 mt, and the                                         these amounts.                                                         TACs, and area apportionments of
                                                    proposed TAC is 244,280 mt.                                                   NMFS proposes Pacific cod TACs in
                                                                                                                                                                                                      groundfish in the GOA. These amounts
                                                       Apportionments of pollock to the W/                                     the Western, Central, and Eastern GOA
                                                                                                                                                                                                      are consistent with the biological
                                                    C/WYK management areas are                                                 (see Table 1). NMFS also proposes
                                                                                                                                                                                                      condition of groundfish stocks as
                                                    considered to be ‘‘apportionments of                                       seasonal apportionment of the Pacific
                                                                                                                               cod TACs in the Western and Central                                    described in the 2015 SAFE report, and
                                                    annual catch limit (ACLs)’’ rather than
                                                                                                                               Regulatory Areas. Sixty percent of the                                 adjusted for other biological and
                                                    ‘‘ABCs.’’ This more accurately reflects
                                                    that such apportionments address                                           annual TAC is apportioned to the A                                     socioeconomic considerations,
                                                    management, rather than biological or                                      season for hook-and-line, pot, or jig gear                             including maintaining the total TAC
                                                    conservation, concerns. In addition,                                       from January 1 through June 10, and for                                within the required OY range. The sum
                                                    apportioning ACLs in this manner allow                                     trawl gear from January 20 through June                                of the proposed TACs for all GOA
                                                    NMFS to balance any transfer of TAC                                        10. Forty percent of the annual TAC is                                 groundfish is 573,872 mt for 2017 and
                                                    from one area to another pursuant to                                       apportioned to the B season for jig gear                               2018, which is within the OY range
                                                    § 679.20(a)(5)(iv)(B) to ensure that the                                   from June 10 through December 31, for                                  specified by the FMP. These proposed
                                                    area-wide ACL and ABC are not                                              hook-and-line or pot gear from                                         amounts and apportionments by area,
                                                    exceeded.                                                                  September 1 through December 31, and                                   season, and sector are subject to change
                                                       NMFS’ proposed apportionments for                                       for trawl gear from September 1 through                                pending consideration of the draft 2016
                                                    groundfish species are based on the                                        November 1 (§§ 679.23(d)(3) and                                        SAFE report and the Council’s
                                                    distribution of biomass among the                                          679.20(a)(12)). The Western and Central                                recommendations for the final 2017 and
                                                    regulatory areas under which NMFS                                          GOA Pacific cod TACs are allocated                                     2018 harvest specifications during its
                                                    manages the species. Additional                                            among various gear and operational                                     December 2016 meeting.

                                                      TABLE 1—PROPOSED 2017 AND 2018 ABCS, TACS, AND OFLS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
                                                         YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, AND IN THE WEST YAKUTAT, SOUTHEAST OUT-
                                                         SIDE, AND GULFWIDE DISTRICTS OF THE GULF OF ALASKA
                                                                                                                               [Values are rounded to the nearest metric ton]

                                                                                            Species                                                                   Area 1                            OFL            ABC            TAC 2

                                                    Pollock 2 ...................................................................................   Shumagin (610) .....................                      n/a        55,657          55,657
                                                                                                                                                    Chirikof (620) .........................                  n/a       123,078         123,078
                                                                                                                                                    Kodiak (630) ..........................                   n/a        56,336          56,336
                                                                                                                                                    WYK (640) .............................                   n/a         9,209           9,209
                                                                                                                                                    W/C/WYK (subtotal) ...............                   289,937        250,544         244,280
                                                                                                                                                    SEO (650) ..............................              13,226          9,920           9,920

                                                                                                                                                          Total ................................         303,163        260,464         254,200

                                                    Pacific cod 3 .............................................................................     W ............................................             n/a        34,998         24,499
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                                                                                                                                                    C ............................................             n/a        42,610         31,958
                                                                                                                                                    E .............................................            n/a         7,592          5,693

                                                                                                                                                          Total ................................         100,800          85,200         62,150

                                                    Sablefish 4 ................................................................................    W ............................................             n/a         1,163          1,163
                                                                                                                                                    C ............................................             n/a         3,678          3,678
                                                                                                                                                    WYK .......................................                n/a         1,348          1,348
                                                                                                                                                    SEO .......................................                n/a         2,118          2,118



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                                                    87884                        Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                      TABLE 1—PROPOSED 2017 AND 2018 ABCS, TACS, AND OFLS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
                                                         YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, AND IN THE WEST YAKUTAT, SOUTHEAST OUT-
                                                         SIDE, AND GULFWIDE DISTRICTS OF THE GULF OF ALASKA—Continued
                                                                                                                                 [Values are rounded to the nearest metric ton]

                                                                                            Species                                                                      Area 1                          OFL            ABC                TAC 2

                                                                                                                                                       E (WYK and SEO) (subtotal)                               n/a        3,466                  3,466

                                                                                                                                                             Total ................................           9,825        8,307                  8,307

                                                    Shallow-water flatfish 5 ............................................................              W ............................................           n/a       19,159                 13,250
                                                                                                                                                       C ............................................           n/a       17,680                 17,680
                                                                                                                                                       WYK .......................................              n/a        2,919                  2,919
                                                                                                                                                       SEO .......................................              n/a        1,006                  1,006

                                                                                                                                                             Total ................................        50,220         40,764                34,855

                                                    Deep-water flatfish 6 ................................................................             W ............................................           n/a          187                    187
                                                                                                                                                       C ............................................           n/a        3,516                  3,516
                                                                                                                                                       WYK .......................................              n/a        3,015                  3,015
                                                                                                                                                       SEO .......................................              n/a        2,563                  2,563

                                                                                                                                                             Total ................................        11,168          9,281                  9,281

                                                    Rex sole ..................................................................................        W ............................................           n/a        1,318                  1,318
                                                                                                                                                       C ............................................           n/a        4,453                  4,453
                                                                                                                                                       WYK .......................................              n/a          767                    767
                                                                                                                                                       SEO .......................................              n/a          969                    969

                                                                                                                                                             Total ................................           9,810        7,507                  7,507

                                                    Arrowtooth flounder .................................................................              W ............................................           n/a       28,659                14,500
                                                                                                                                                       C ............................................           n/a      109,804                75,000
                                                                                                                                                       WYK .......................................              n/a       37,999                 6,900
                                                                                                                                                       SEO .......................................              n/a       12,870                 6,900

                                                                                                                                                             Total ................................       196,714        189,332              103,300

                                                    Flathead sole ...........................................................................          W ............................................           n/a       11,080                  8,650
                                                                                                                                                       C ............................................           n/a       20,307                 15,400
                                                                                                                                                       WYK .......................................              n/a        2,944                  2,944
                                                                                                                                                       SEO .......................................              n/a          856                    856

                                                                                                                                                             Total ................................        43,060         35,187                27,850

                                                    Pacific ocean perch 7 ...............................................................              W ............................................          n/a         2,709                 2,709
                                                                                                                                                       C ............................................          n/a        16,860                16,860
                                                                                                                                                       WYK .......................................             n/a         2,818                 2,818
                                                                                                                                                       W/C/WYK ...............................             26,045         22,387                22,387
                                                                                                                                                       SEO .......................................          2,096          1,802                 1,802

                                                                                                                                                             Total ................................        28,141         24,189                24,189

                                                    Northern rockfish 8 ...................................................................            W ............................................           n/a          430                      430
                                                                                                                                                       C ............................................           n/a        3,338                   3,338
                                                                                                                                                       E .............................................          n/a            4    ........................

                                                                                                                                                             Total ................................           4,501        3,768                  3,768

                                                    Shortraker rockfish 9 ................................................................             W ............................................           n/a            38                      38
                                                                                                                                                       C ............................................           n/a           301                     301
                                                                                                                                                       E .............................................          n/a           947                     947

                                                                                                                                                             Total ................................           1,715        1,286                  1,286

                                                    Dusky     rockfish 10      .....................................................................   W ............................................           n/a          159                    159
                                                                                                                                                       C ............................................           n/a        3,791                  3,791
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                                                                                                                                                       WYK .......................................              n/a          251                    251
                                                                                                                                                       SEO .......................................              n/a           83                     83

                                                                                                                                                             Total ................................           5,253        4,284                  4,284

                                                    Rougheye and blackspotted rockfish 11 ..................................                           W ............................................           n/a           105                    105
                                                                                                                                                       C ............................................           n/a           705                    705
                                                                                                                                                       E .............................................          n/a           515                    515




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                                                                                  Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                    87885

                                                      TABLE 1—PROPOSED 2017 AND 2018 ABCS, TACS, AND OFLS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
                                                         YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, AND IN THE WEST YAKUTAT, SOUTHEAST OUT-
                                                         SIDE, AND GULFWIDE DISTRICTS OF THE GULF OF ALASKA—Continued
                                                                                                                                 [Values are rounded to the nearest metric ton]

                                                                                            Species                                                                      Area 1                           OFL            ABC         TAC 2

                                                                                                                                                             Total ................................           1,592         1,325        1,325

                                                    Demersal shelf rockfish 12 .......................................................                 SEO .......................................              364            231           231

                                                    Thornyhead rockfish 13 ............................................................                W ............................................            n/a           291           291
                                                                                                                                                       C ............................................            n/a           988           988
                                                                                                                                                       E .............................................           n/a           682           682

                                                                                                                                                             Total ................................           2,615         1,961        1,961

                                                    Other rockfish 14 15 ...................................................................           W/C combined .......................                      n/a        1,534        1,534
                                                                                                                                                       WYK .......................................               n/a          574          574
                                                                                                                                                       SEO .......................................               n/a        3,665          200

                                                                                                                                                             Total ................................           7,424         5,773        2,308

                                                    Atka mackerel ..........................................................................           GW .........................................           6,200         4,700        2,000

                                                    Big skates 16 ............................................................................         W ............................................            n/a          908          908
                                                                                                                                                       C ............................................            n/a        1,850        1,850
                                                                                                                                                       E .............................................           n/a        1,056        1,056

                                                                                                                                                             Total ................................           5,086         3,814        3,814

                                                    Longnose        skates 17      .................................................................   W ............................................            n/a           61           61
                                                                                                                                                       C ............................................            n/a        2,513        2,513
                                                                                                                                                       E .............................................           n/a          632          632

                                                                                                                                                             Total ................................           4,274         3,206        3,206

                                                    Other skates 18 ........................................................................           GW     .........................................       2,558         1,919        1,919
                                                    Sculpins ...................................................................................       GW     .........................................       7,338         5,591        5,591
                                                    Sharks .....................................................................................       GW     .........................................       6,020         4,514        4,514
                                                    Squids ......................................................................................      GW     .........................................       1,530         1,148        1,148
                                                    Octopuses ...............................................................................          GW     .........................................       6,504         4,878        4,878

                                                          Total .................................................................................      ................................................    815,875        708,629      573,872
                                                       1 Regulatory   areas and districts are defined at § 679.2. (W = Western Gulf of Alaska; C = Central Gulf of Alaska; E = Eastern Gulf of Alaska;
                                                    WYK = West Yakutat District; SEO = Southeast Outside District; GW = Gulf-wide).
                                                       2 The combined pollock ABC for the Western, Central, and West Yakutat areas is apportioned in the Western/Central Regulatory Areas among
                                                    four statistical areas. These apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes.
                                                    Table 2 lists the proposed 2017 and 2018 seasonal apportionments. In the West Yakutat and Southeast Outside Districts of the Eastern Regu-
                                                    latory Area, pollock is not divided into seasonal allowances.
                                                       3 Section 679.20(a)(12)(i) requires the allocation of the Pacific cod TACs in the Western and Central Regulatory Areas of the GOA among gear
                                                    and operational sectors. The annual Pacific cod TAC is apportioned among various sectors, 60 percent to the A season and 40 percent to the B
                                                    season in the Western and Central Regulatory Areas of the GOA. In the Eastern Regulatory Area of the GOA, Pacific cod is allocated 90 percent
                                                    for processing by the inshore component and 10 percent for processing by the offshore component. Table 3 lists the proposed 2017 and 2018
                                                    Pacific cod seasonal apportionments.
                                                       4 Sablefish is allocated to hook-and-line and trawl gear in 2017 and trawl gear in 2018. Tables 4 and 5 list the proposed 2017 and 2018 alloca-
                                                    tions of sablefish TACs.
                                                       5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder.
                                                       6 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, Kamchatka flounder, and deep-sea sole.
                                                       7 ‘‘Pacific ocean perch’’ means Sebastes alutus.
                                                       8 ‘‘Northern rockfish’’ means Sebastes polyspinous. For management purposes the 3 mt apportionment of ABC to the WYK District of the East-
                                                    ern Gulf of Alaska has been included in the other rockfish (slope rockfish) species group.
                                                       9 ‘‘Shortraker rockfish’’ means Sebastes borealis.
                                                       10 ‘‘Dusky rockfish’’ means Sebastes variabilis.
                                                       11 ‘‘Rougheye rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
                                                       12 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.
                                                    helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
                                                       13 ‘‘Thornyhead rockfish’’ means Sebastes species.
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                                                       14 ‘‘Other rockfish (slope rockfish)’’ means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei
                                                    (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S.
                                                    proriger (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S.
                                                    miniatus (vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, ‘‘other rockfish’’ also in-
                                                    cludes northern rockfish (S. polyspinous).
                                                       15 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District means all rockfish species included in the
                                                    ‘‘other rockfish’’ and demersal shelf rockfish categories.
                                                       16 ‘‘Big skates’’ means Raja binoculata.
                                                       17 ‘‘Longnose skates’’ means Raja rhina.
                                                       18 ‘‘Other skates’’ means Bathyraja and Raja spp.




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                                                    87886                 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                    Proposed Apportionment of Reserves                             Pollock TACs in the Western and                            added to, or subtracted from,
                                                                                                                Central Regulatory Areas of the GOA are                       subsequent seasonal allowances in a
                                                       Section 679.20(b)(2) requires NMFS to                    apportioned among Statistical Areas                           manner to be determined by the
                                                    set aside 20 percent of each TAC for                        610, 620, and 630, pursuant to                                Regional Administrator
                                                    pollock, Pacific cod, flatfish, sculpins,                   § 679.20(a)(5)(iv)(A). In the A and B                         (§ 679.20(a)(5)(iv)(B)). The rollover
                                                    sharks, squids, and octopuses in                            seasons, the apportionments have                              amount is limited to 20 percent of the
                                                    reserves for possible apportionment at a                    historically been based on the                                unharvested seasonal apportionment for
                                                    later date during the fishing year. In                      proportional distribution of pollock                          the statistical area. Any unharvested
                                                    2016, NMFS reapportioned all of the                         biomass based on the four most recent                         pollock above the 20-percent limit could
                                                    reserves in the final harvest                               NMFS winter surveys. In the C and D                           be further distributed to the other
                                                    specifications. For 2017 and 2018,                          seasons, the apportionments are in                            statistical areas, in proportion to the
                                                    NMFS proposes reapportionment of                            proportion to the distribution of pollock                     estimated biomass in the subsequent
                                                    each of the reserves for pollock, Pacific                   biomass based on the four most recent                         season in those statistical areas
                                                    cod, flatfish, sculpins, sharks, squids,                    NMFS summer surveys. For 2017 and                             (§ 679.20(a)(5)(iv)(B)). The proposed
                                                    and octopuses back into the original                        2018, the Council recommends, and                             2017 and 2018 pollock TACs in the
                                                    TAC from which the reserve was                              NMFS proposes, following the                                  WYK District of 9,209 mt and SEO
                                                    derived. NMFS anticipates, based on                         methodology used for the 2016 and                             District of 9,920 mt are not allocated by
                                                    recent harvest patterns, that such                          2017 harvest specifications. This                             season.
                                                    reserves are not necessary and the entire                   methodology averages the winter and                              Section 679.20(a)(6)(i) requires the
                                                    TAC for each of these species will be                       summer distribution of pollock in the                         allocation of 100 percent of the pollock
                                                    caught. The TACs in Table 1 reflect this                    Central Regulatory Area for the A season                      apportionments in all regulatory areas
                                                    proposed reapportionment of reserve                         instead of using the distribution based                       and all seasonal allowances to vessels
                                                    amounts for these species and species                       on only the winter surveys. The average                       catching pollock for processing by the
                                                    groups, i.e., each proposed TAC for the                     is intended to reflect the best available                     inshore component after subtraction of
                                                    above mentioned species categories                          information about migration patterns,                         pollock amounts projected by the
                                                    contains the full TAC recommended by                        distribution of pollock, and the                              Regional Administrator to be caught by,
                                                    the Council.                                                performance of the fishery in the area                        or delivered to, the offshore component
                                                    Proposed Apportionments of Pollock                          during the A season. For the A season,                        incidental to directed fishing for other
                                                    TAC Among Seasons and Regulatory                            the apportionment is based on the                             groundfish species. Thus, the amount of
                                                    Areas, and Allocations for Processing by                    proposed adjusted estimate of the                             pollock available for harvest by vessels
                                                    Inshore and Offshore Components                             relative distribution of pollock biomass                      harvesting pollock for processing by the
                                                                                                                of approximately 6 percent, 73 percent,                       offshore component is that amount that
                                                       In the GOA, pollock is apportioned by                    and 21 percent in Statistical Areas 610,                      will be taken as incidental catch during
                                                    season and area, and is further allocated                   620, and 630, respectively. For the B                         directed fishing for groundfish species
                                                    for processing by inshore and offshore                      season, the apportionment is based on                         other than pollock, up to the maximum
                                                    components. Pursuant to                                     the relative distribution of pollock                          retainable amounts allowed under
                                                    § 679.20(a)(5)(iv)(B), the annual pollock                   biomass of approximately 6 percent, 85                        § 679.20(e) and (f). At this time, these
                                                    TAC specified for the Western and                           percent, and 9 percent in Statistical                         incidental catch amounts of pollock are
                                                    Central Regulatory Areas of the GOA is                      Areas 610, 620, and 630, respectively.                        unknown and will be determined as
                                                    apportioned into four equal seasonal                        For the C and D seasons, the                                  fishing activity occurs during the fishing
                                                    allowances of 25 percent. As established                    apportionment is based on the relative                        year by the offshore component.
                                                    by § 679.23(d)(2)(i) through (iv), the A,                   distribution of pollock biomass of                               Table 2 lists the proposed 2017 and
                                                    B, C, and D season allowances are                           approximately 41 percent, 26 percent,                         2018 seasonal biomass distribution of
                                                    available from January 20 through                           and 33 percent in Statistical Areas 610,                      pollock in the Western and Central
                                                    March 10, March 10 through May 31,                          620, and 630, respectively.                                   Regulatory Areas, area apportionments,
                                                    August 25 through October 1, and                               Within any fishing year, the amount                        and seasonal allowances. The amounts
                                                    October 1 through November 1,                               by which a seasonal allowance is                              of pollock for processing by the inshore
                                                    respectively.                                               underharvested or overharvested may be                        and offshore components are not shown.

                                                     TABLE 2—PROPOSED 2017 AND 2018 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS
                                                        OF THE GULF OF ALASKA; SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES
                                                        OF ANNUAL TAC 1
                                                                                                                 [Values are rounded to the nearest metric ton]

                                                              Season 2                    Shumagin (Area 610)                          Chirikof (Area 620)                       Kodiak (Area 630)                      Total 3
                                                    A (Jan 20–Mar 10) .......                3,769                (6.41%)               42,732              (72.71%)              12,272              (20.88%)              58,768
                                                    B (Mar 10–May 31) ......                 3,769                (6.41%)               49,996              (85.07%)               5,007               (8.52%)              58,768
                                                    C (Aug 25–Oct 1) .........              24,060               (40.94%)               15,176              (25.82%)              19,529              (33.23%)              58,768
                                                    D (Oct 1–Nov 1) ...........             24,060               (40.94%)               15,175              (25.82%)              19,529              (33.23%)              58,768
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                                                         Annual Total ..........            55,657      ........................       123,078     ........................       56,336     ........................     235,071
                                                       1 Areaapportionments and seasonal allowances may not total precisely due to rounding.
                                                       2 Asestablished by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 through March 10,
                                                    March 10 through May 31, August 25 through October 1, and October 1 through November 1, respectively. The amounts of pollock for proc-
                                                    essing by the inshore and offshore components are not shown in this table.
                                                      3 The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs
                                                    shown in this table.




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                                                                             Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                          87887

                                                    Proposed Annual and Seasonal                               using pot gear (§ 679.20(a)(12)(i)(A)).                   Table 1 of Amendment 83 to the FMP
                                                    Apportionments of Pacific Cod TAC                          The overall seasonal apportionments in                    for a detailed discussion of the jig sector
                                                                                                               the Western and Central GOA are 60                        allocation process (76 FR 74670,
                                                      Pursuant to § 679.20(a)(12)(i), NMFS                     percent of the annual TAC to the A                        December 1, 2011)). Jig sector allocation
                                                    proposes allocations for the 2017 and                      season and 40 percent of the annual                       increases are established for a minimum
                                                    2018 Pacific cod TACs in the Western                       TAC to the B season.                                      of 2 years.
                                                    and Central Regulatory Areas of the                           Under § 679.20(a)(12)(ii), any overage
                                                    GOA among gear and operational                                                                                          NMFS has evaluated the historical
                                                                                                               or underage of the Pacific cod allowance
                                                    sectors. NMFS also proposes allocating                                                                               harvest performance of the jig sector in
                                                                                                               from the A season will be subtracted
                                                    the 2017 and 2018 Pacific cod TACs                         from, or added to, the subsequent B                       the Western and Central GOA, and is
                                                    annually between the inshore and                           season allowance. In addition, any                        establishing the proposed 2017 and
                                                    offshore components in the Eastern                         portion of the hook-and-line, trawl, pot,                 2018 Pacific cod apportionments to this
                                                    GOA (§ 679.20(a)(6)(ii)). In the Central                   or jig sector allocations that is                         sector based on the jig performance
                                                    GOA, the Pacific cod TAC is                                determined by NMFS as likely to go                        through 2015. NMFS proposes that the
                                                    apportioned seasonally first to vessels                    unharvested by a sector may be                            jig sector receive 3.5 percent of the
                                                    using jig gear, and then among catcher                     reapportioned to other sectors for                        annual Pacific cod TAC in the Western
                                                    vessels (CVs) less than 50 feet in length                  harvest during the remainder of the                       GOA. This includes a base allocation of
                                                    overall using hook-and-line gear, CVs                      fishing year.                                             1.5 percent and an additional 2.0
                                                    equal to or greater than 50 feet in length                    Pursuant to § 679.20(a)(12)(i)(A) and                  percent because this sector harvested
                                                    overall using hook-and-line gear,                          (B), a portion of the annual Pacific cod                  greater than 90 percent of its initial 2012
                                                    catcher/processors (C/Ps) using hook-                      TACs in the Western and Central GOA                       and 2014 allocations in the Western
                                                    and-line gear, CVs using trawl gear, C/                    will be allocated to vessels with a                       GOA. NMFS also proposes that the jig
                                                    Ps using trawl gear, and vessels using                     Federal fisheries permit that use jig gear                sector would receive 1.0 percent of the
                                                    pot gear (§ 679.20(a)(12)(i)(B)). In the                   before TAC is apportioned among other                     annual Pacific cod TAC in the Central
                                                    Western GOA, the Pacific cod TAC is                        non-jig sectors. In accordance with the                   GOA. This includes a base allocation of
                                                    apportioned seasonally first to vessels                    FMP, the annual jig sector allocations                    1.0 percent and no additional
                                                    using jig gear, and then among CVs                         may increase to up to 6 percent of the                    performance increase. These historical
                                                    using hook-and-line gear, C/Ps using                       annual Western and Central GOA                            Pacific cod jig allocations, catch, and
                                                    hook-and-line gear, CVs using trawl                        Pacific cod TACs, depending on the                        percent allocation changes are listed in
                                                    gear, C/Ps using trawl gear, and vessels                   annual performance of the jig sector (see                 Example 1.

                                                      EXAMPLE 1—SUMMARY OF WESTERN GOA AND CENTRAL GOA MANAGEMENT AREA PACIFIC COD CATCH BY JIG GEAR
                                                                    IN 2012 THROUGH 2015, AND CORRESPONDING PERCENT ALLOCATION CHANGES

                                                                                                             Initial                                                     Percent of         >90% of                Change to
                                                                                                                                 Initial TAC               Catch
                                                                Area                        Year           percent of                                                       initial           initial               percent
                                                                                                                                  allocation                (mt)
                                                                                                              TAC                                                        allocation        allocation?             allocation

                                                    WGOA .........................                 2012               1.5                 315                      322            102   Y   ..................   Increase 1%
                                                                                                   2013               2.5                 530                      273             52   N    .................   None
                                                                                                   2014               2.5                 573                      785            137   Y   ..................   Increase 1%
                                                                                                   2015               3.5                 948                       55              6   N   ..................   None
                                                    CGOA ..........................                2012               1.0                 427                      400             94   Y   ..................   Increase 1%
                                                                                                   2013               2.0                 740                      202             27   N    .................   None
                                                                                                   2014               2.0                 797                      262             33   N    .................   None
                                                                                                   2015               1.0                 460                      355             77   N    .................   Decrease 1%



                                                      NMFS will re-evaluate the annual                         GOA jig sector indicates that the Pacific                 and B (40 percent) seasons
                                                    2015 and 2016 harvest performance of                       cod allocation percentage to this sector                  (§ 679.20(a)(12)(i) and
                                                    each jig sector when the 2016 fishing                      would probably decrease by 1 percent in                   § 679.23(d)(3)(iii)).
                                                    year is complete to determine whether                      2017. Also, the current catch by the                         Table 3 lists the seasonal
                                                    to change the jig sector allocations                       Central GOA jig sector indicates that
                                                                                                                                                                         apportionments and allocations of the
                                                    proposed by this action in conjunction                     this sector’s Pacific cod allocation
                                                                                                                                                                         proposed 2017 and 2018 Pacific cod
                                                    with the final 2017 and 2018 harvest                       percentage would not change in 2017.
                                                    specifications. The current catch                          The jig sector allocations are further                    TACs.
                                                    through November 2016 by the Western                       apportioned between the A (60 percent)
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                                                    87888                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                     TABLE 3—PROPOSED 2017 AND 2018 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TOTAL ALLOW-
                                                        ABLE CATCH AMOUNTS IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE
                                                        EASTERN GOA FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS
                                                                                                                              [Values are rounded to the nearest metric ton]

                                                                                                                                                                                      A season                           B season

                                                                                                                                                     Annual                   Sector                               Sector
                                                                          Regulatory area and sector                                                allocation             percentage of         Seasonal       percentage of      Seasonal
                                                                                                                                                       (mt)                   annual            allowances         annual         allowances
                                                                                                                                                                              non-jig               (mt)           non-jig            (mt)
                                                                                                                                                                               TAC                                  TAC

                                                    Western GOA:
                                                       Jig (3.5% of TAC) .........................................................                               857                  N/A                514              N/A             343
                                                       Hook-and-line CV .........................................................                                331                 0.70                165             0.70             165
                                                       Hook-and-line C/P ........................................................                              4,681                10.90              2,577             8.90           2,104
                                                       Trawl CV .......................................................................                        9,078                27.70              6,549            10.70           2,530
                                                       Trawl C/P ......................................................................                          567                 0.90                213             1.50             355
                                                       Pot CV and Pot C/P .....................................................                                8,984                19.80              4,681            18.20           4,303

                                                                Total .......................................................................                24,499                 60.00            14,699             40.00           9,799

                                                    Central GOA:
                                                        Jig (1.0% of TAC) .........................................................                             320                   N/A                192              N/A             128
                                                        Hook-and-line <50 CV ..................................................                               4,620                  9.32              2,947             5.29           1,673
                                                        Hook-and-line ≥50 CV ..................................................                               2,122                  5.61              1,775             1.10             347
                                                        Hook-and-line C/P ........................................................                            1,615                  4.11              1,299             1.00             316
                                                        Trawl CV 1 .....................................................................                     13,156                 21.13              6,687            20.45           6,470
                                                        Trawl C/P ......................................................................                      1,328                  2.00                634             2.19             694
                                                        Pot CV and Pot C/P .....................................................                              8,797                 17.83              5,641             9.97           3,156

                                                                Total .......................................................................                31,958                 60.00            19,175             40.00          12,783

                                                    Eastern GOA:                                                                                ........................   Inshore (90% of Annual TAC)          Offshore (10% of Annual TAC)

                                                                                                                                                               5,693                    5,124                               569
                                                       1 Trawlvessels participating in Rockfish Program cooperatives receive 3.81 percent, or 1,409 mt, of the annual Central GOA TAC (see Table
                                                    28c to 50 CFR part 679), which is deducted from the Trawl CV B season allowance (see Table 8).


                                                    Proposed Allocations of the Sablefish                                     making the remainder of the WYK                                   so that retention of incidental catch of
                                                    TACs Amounts to Vessels Using Hook-                                       sablefish TAC available to vessels using                          sablefish by trawl gear could commence
                                                    and-Line and Trawl Gear                                                   hook-and-line gear. NMFS proposes to                              in January in the second year of the
                                                       Sections 679.20(a)(4)(i) and (ii)                                      allocate 100 percent of the sablefish                             groundfish harvest specifications. Since
                                                    require allocations of sablefish TACs for                                 TAC in the SEO District to vessels using                          there is an annual assessment for
                                                    each of the regulatory areas and districts                                hook-and-line gear. This action results                           sablefish and the final harvest
                                                    to hook-and-line and trawl gear. In the                                   in a proposed 2017 allocation of 173 mt                           specifications are expected to be
                                                    Western and Central Regulatory Areas,                                     to trawl gear and 1,175 mt to hook-and-                           published before the IFQ season begins
                                                    80 percent of each TAC is allocated to                                    line gear in the WYK District, a 2,118 mt                         (typically, in early March), the Council
                                                    hook-and-line gear, and 20 percent of                                     to hook-and-line gear in the SEO                                  recommended that the sablefish TAC be
                                                    each TAC is allocated to trawl gear. In                                   District, and a 2018 allocation of 173 mt                         set annually, rather than for 2 years, so
                                                    the Eastern Regulatory Area, 95 percent                                   to trawl gear in the WYK District. Table                          that the best available scientific
                                                    of the TAC is allocated to hook-and-line                                  4 lists the allocations of the proposed                           information could be considered in
                                                    gear and 5 percent is allocated to trawl                                  2017 sablefish TACs to hook-and-line                              establishing the ABCs and TACs. With
                                                    gear. The trawl gear allocation in the                                    and trawl gear. Table 5 lists the                                 the exception of the trawl allocations
                                                    Eastern GOA may only be used to                                           allocations of the proposed 2018                                  that are provided to the Rockfish
                                                    support incidental catch of sablefish in                                  sablefish TACs to trawl gear.                                     Program cooperatives (see Table 28c to
                                                    directed fisheries for other target species                                  The Council recommended that the                               part 679), directed fishing for sablefish
                                                    (§ 679.20(a)(4)(i)).                                                      hook-and-line sablefish TAC be                                    with trawl gear is closed during the
                                                       In recognition of the prohibition                                      established annually to ensure that the                           fishing year. Also, fishing for groundfish
                                                    against trawl gear in the SEO District of                                 sablefish IFQ fishery is conducted                                with trawl gear is prohibited prior to
                                                    the Eastern Regulatory Area, the Council                                  concurrently with the halibut IFQ                                 January 20. Therefore, it is not likely
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                                                    recommended and NMFS proposes the                                         fishery and is based on recent survey                             that the sablefish allocation to trawl gear
                                                    allocation of 5 percent of the combined                                   information. The Council also                                     would be reached before the effective
                                                    Eastern Regulatory Area sablefish TAC                                     recommended that only the trawl                                   date of the final 2017 and 2018 harvest
                                                    to trawl gear in the WYK District,                                        sablefish TAC be established for 2 years                          specifications.




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                                                                                  Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                        87889

                                                     TABLE 4—PROPOSED 2017 SABLEFISH TOTAL ALLOWABLE CATCH (TAC) IN THE GULF OF ALASKA AND ALLOCATIONS TO
                                                                                       HOOK-AND-LINE AND TRAWL GEAR
                                                                                                                                [Values are rounded to the nearest metric ton]

                                                                                                                                                                                                                 Hook-and-line
                                                                                                             Area/district                                                                      TAC                               Trawl allocation
                                                                                                                                                                                                                  allocation

                                                    Western ............................................................................................................................              1,163                 930                233
                                                    Central 1 ...........................................................................................................................             3,678               2,942                736
                                                    West Yakutat 2 .................................................................................................................                  1,348               1,175                173
                                                    Southeast Outside ...........................................................................................................                     2,118               2,118                  0

                                                          Total ..........................................................................................................................            8,307               7,166              1,142
                                                       1 The trawl allocation to the Central Regulatory Area is further reduced by the sablefish apportioned to the Rockfish Program cooperatives (378
                                                    mt). See Table 8. This results in 358 mt being available for the non-Rockfish Program trawl fisheries.
                                                       2 The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Out-
                                                    side Districts combined) sablefish TAC to trawl gear in the West Yakutat District.

                                                      TABLE 5—PROPOSED 2018 SABLEFISH TOTAL ALLOWABLE CATCH (TAC) IN THE GULF OF ALASKA AND ALLOCATION TO
                                                                                                TRAWL GEAR 1
                                                                                                                                [Values are rounded to the nearest metric ton]

                                                                                                                                                                                                                 Hook-and-line
                                                                                                             Area/district                                                                      TAC                               Trawl allocation
                                                                                                                                                                                                                  allocation

                                                    Western ............................................................................................................................              1,163                 n/a                233
                                                    Central 2 ...........................................................................................................................             3,678                 n/a                736
                                                    West Yakutat 3 .................................................................................................................                  1,348                 n/a                173
                                                    Southeast Outside ...........................................................................................................                     2,118                 n/a                  0

                                                          Total ..........................................................................................................................            8,307                 n/a              1,142
                                                       1 The trawl allocation to the Central Regulatory Area is further reduced by the sablefish apportioned to the Rockfish Program cooperatives (378
                                                    mt). See Table 8. This results in 358 mt being available for the non-Rockfish Program trawl fisheries.
                                                       2 The Council recommended that harvest specifications for the hook-and-line gear sablefish Individual Fishing Quota fisheries be limited to 1
                                                    year.
                                                       3 The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Out-
                                                    side Districts combined) sablefish TAC to trawl gear in the West Yakutat District.


                                                    Proposed Apportionments to the                                              allocated to participants after deducting                           mt of dusky rockfish to the entry level
                                                    Rockfish Program                                                            for incidental catch needs in other                                 longline fishery in 2017 and 2018. The
                                                       These proposed 2017 and 2018                                             directed groundfish fisheries.                                      allocation for the entry level longline
                                                    harvest specifications for the GOA                                          Participants in the Rockfish Program                                fishery would increase incrementally
                                                    include the fishery cooperative                                             also receive a portion of the Central                               each year if the catch exceeds 90
                                                    allocations and sideboard limitations                                       GOA TAC of specific secondary species.                              percent of the allocation of a species.
                                                    established by the Rockfish Program.                                        Besides groundfish species, the Rockfish                            The incremental increase in the
                                                    Program participants are primarily trawl                                    Program allocates a portion of the                                  allocation would continue each year
                                                    CVs and trawl C/Ps, with limited                                            halibut PSC limit (191 mt) from the                                 until it is the maximum percentage of
                                                    participation by vessels using longline                                     third season deep-water species fishery                             the TAC for that species. In 2016, the
                                                    gear. The Rockfish Program assigns                                          allowance for the GOA trawl fisheries to                            catch did not exceed 90 percent of any
                                                    quota share and cooperative quota to                                        Rockfish Program participants                                       allocated rockfish species. Therefore,
                                                    participants for primary (Pacific ocean                                     (§ 679.81(d)). Rockfish Program
                                                                                                                                                                                                    NMFS is not proposing an increase to
                                                    perch, northern rockfish, and dusky                                         sideboards and halibut PSC limits are
                                                                                                                                                                                                    the entry level longline fishery 2017 and
                                                    rockfish) and secondary species (Pacific                                    discussed below.
                                                                                                                                                                                                    2018 allocations in the Central GOA.
                                                    cod, rougheye rockfish, sablefish,                                             Additionally, the Rockfish Program
                                                                                                                                establishes sideboard limits to restrict                            The remainder of the TACs for the
                                                    shortraker rockfish, and thornyhead
                                                                                                                                the ability of harvesters that operate                              rockfish primary species would be
                                                    rockfish), allows a participant holding a
                                                                                                                                under the Rockfish Program to increase                              allocated to the CV and C/P
                                                    license limitation program (LLP) license
                                                    with rockfish quota share to form a                                         their participation in other, non-                                  cooperatives. Table 6 lists the
                                                    rockfish cooperative with other persons,                                    Rockfish Program fisheries. These                                   allocations of the proposed 2017 and
                                                    and allows holders of C/P LLP licenses                                      restrictions are discussed in a                                     2018 TACs for each rockfish primary
                                                    to opt out of the fishery. The Rockfish                                     subsequent section titled ‘‘Rockfish                                species to the entry level longline
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                                                    Program also has an entry level fishery                                     Program Groundfish Sideboard and                                    fishery, the incremental increase for
                                                    for rockfish primary species for vessels                                    Halibut PSC Limitations.’’                                          future years, and the maximum
                                                    using longline gear.                                                           Section 679.81(a)(2)(ii) requires                                percentage of the TAC for the entry level
                                                       Under the Rockfish Program, rockfish                                     allocations of 5 mt of Pacific ocean                                longline fishery.
                                                    primary species in the Central GOA are                                      perch, 5 mt of northern rockfish, and 30




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                                                    87890                        Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                       TABLE 6—PROPOSED 2017 AND 2018 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES TO THE ENTRY LEVEL LONGLINE
                                                                                    FISHERY IN THE CENTRAL GULF OF ALASKA
                                                                                                                                                                                                                                          Up to maximum
                                                                                                                                                                                 Incremental increase in 2018 if ≥90
                                                               Rockfish primary species                                       2017 and 2018 allocations                                                                                   percent of each
                                                                                                                                                                                percent of 2017 allocation is harvested                   TAC of:

                                                    Pacific ocean perch ................................            5 metric tons ..........................................   5 metric tons ..........................................                     1
                                                    Northern rockfish ....................................          5 metric tons ..........................................   5 metric tons ..........................................                     2
                                                    Dusky rockfish ........................................         30 metric tons ........................................    20 metric tons ........................................                      5



                                                       Section 679.81(a)(2) requires                                         Central GOA of 1,500 mt of Pacific                                  P cooperatives are not due to NMFS
                                                    allocations of rockfish primary species                                  ocean perch, 300 mt of northern                                     until March 1 of each calendar year;
                                                    among various components of the                                          rockfish, and 250 mt of dusky rockfish.                             therefore, NMFS cannot calculate 2017
                                                    Rockfish Program. Table 7 lists the                                      These amounts are based on recent                                   and 2018 allocations in conjunction
                                                    proposed 2017 and 2018 allocations of                                    average incidental catches in the Central                           with these proposed harvest
                                                    rockfish in the Central GOA to the entry                                 GOA by other groundfish fisheries.                                  specifications. NMFS will post these
                                                    level longline fishery, and Rockfish CV                                    Allocations among vessels belonging                               allocations on the Alaska Region Web
                                                    and C/P Cooperatives in the Rockfish                                     to CV or C/P cooperatives are not                                   site at http://alaskafisheries.noaa.gov/
                                                    Program. NMFS also proposes setting                                      included in these proposed harvest                                  sustainablefisheries/rockfish/ when
                                                    aside incidental catch amounts (ICAs)                                    specifications. Rockfish Program                                    they become available after March 1.
                                                    for other directed fisheries in the                                      applications for CV cooperatives and C/

                                                     TABLE 7—PROPOSED 2017 AND 2018 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES IN THE CENTRAL GULF OF ALASKA
                                                             TO THE ENTRY LEVEL LONGLINE FISHERY AND ROCKFISH COOPERATIVES IN THE ROCKFISH PROGRAM
                                                                                                                              [Values are rounded to the nearest metric ton]

                                                                                                                                                         Incidental catch                                        Allocation to              Allocation to
                                                                   Rockfish primary species                                           TAC                   allowance               TAC minus ICA               the entry level             the Rockfish
                                                                                                                                                               (ICA)                                           longline 1 fishery          Cooperatives 2

                                                    Pacific ocean perch .........................................                              16,860                   1,500                    15,360                             5               15,535
                                                    Northern rockfish ..............................................                            3,338                     300                     3,038                             5                3,033
                                                    Dusky rockfish ..................................................                           3,791                     250                     3,541                            30                3,511

                                                          Total ..........................................................                     23,989                   2,050                    21,939                            40               21,899
                                                       1 Longline     gear includes hook-and-line, jig, troll, and handline gear.
                                                       2 Rockfish     cooperatives include vessels in CV and C/P cooperatives.


                                                      Section 679.81(c) requires allocations                                 allocation, and thornyhead rockfish. C/                             the apportionments of the proposed
                                                    of rockfish secondary species to CV and                                  P cooperatives receive allocations of                               2017 and 2018 TACs of rockfish
                                                    C/P cooperatives in the GOA. CV                                          sablefish from the trawl allocation,                                secondary species in the Central GOA to
                                                    cooperatives receive allocations of                                      rougheye rockfish, shortraker rockfish,                             CV and C/P cooperatives.
                                                    Pacific cod, sablefish from the trawl gear                               and thornyhead rockfish. Table 8 lists

                                                      TABLE 8—PROPOSED 2017 AND 2018 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO
                                                                             CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES
                                                                                                                                               [Values are in metric tons]

                                                                                                                                                                        Catcher vessel cooperatives                           Catcher/processor
                                                                                                                                                                                                                                cooperatives
                                                                                                                                                 Central GOA
                                                                           Rockfish secondary species                                            annual TAC           Percentage of          Apportionment            Percentage of         Apportionment
                                                                                                                                                                          TAC                    (mt)                     TAC                   (mt)

                                                    Pacific cod ............................................................................             31,958                     3.81                  1,218                     0.0                 0.0
                                                    Sablefish ..............................................................................              3,678                     6.78                    249                    3.51                129
                                                    Shortraker rockfish ...............................................................                     301                      0.0                      0                   40.00                120
                                                    Rougheye rockfish ...............................................................                       705                      0.0                      0                   58.87                415
                                                    Thornyhead rockfish ............................................................                        988                     7.84                     77                   26.50                262
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                                                    Halibut PSC Limits                                                       2016, the Council recommended halibut                               fishery is apportioned 9 mt of the
                                                                                                                             PSC limits of 1,706 mt for trawl gear,                              halibut PSC limit in recognition of its
                                                       Section 679.21(d) establishes annual                                  257 mt for hook-and-line gear, and 9 mt                             small-scale harvests of groundfish.
                                                    halibut PSC limit apportionments to                                      for the demersal shelf rockfish (DSR)                               NMFS estimates low halibut bycatch in
                                                    trawl and hook-and-line gear, and                                        fishery in the SEO District.                                        the DSR fishery because (1) the duration
                                                    authorizes the establishment of                                             The DSR fishery in the SEO District                              of the DSR fisheries and the gear soak
                                                    apportionments for pot gear. In October                                  is defined at § 679.21(d)(2)(ii)(A). This                           times are short, (2) the DSR fishery


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                                                                               Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                                      87891

                                                    occurs in the winter when less overlap                           gear fisheries. NMFS estimates halibut                                   halibut biomass and expected catch of
                                                    occurs in the distribution of DSR and                            mortality is negligible in the jig gear                                  target groundfish species, (4) expected
                                                    halibut, and (3) the directed commercial                         fisheries given the small amount of                                      bycatch rates on a seasonal basis, (5)
                                                    DSR fishery has a low DSR TAC. The                               groundfish harvested by jig gear, the                                    expected changes in directed groundfish
                                                    Alaska Department of Fish and Game                               selective nature of jig gear, and the high                               fishing seasons, (6) expected actual start
                                                    sets the commercial GHL for the DSR                              survival rates of halibut caught and                                     of fishing effort, and (7) economic
                                                    fishery after deducting (1) estimates of                         released with jig gear.                                                  effects of establishing seasonal halibut
                                                    DSR incidental catch in all fisheries                               The best available information on                                     allocations on segments of the target
                                                    (including halibut and subsistence) and                          estimated halibut bycatch consists of                                    groundfish industry. Based on public
                                                    (2) the allocation to the DSR sport fish                         data collected by fisheries observers                                    comment and the information presented
                                                    fishery. Of the 231 mt TAC for DSR in                            during 2016. The calculated halibut                                      in the final 2016 SAFE report, the
                                                    2016, 188 mt were available for the DSR                          bycatch mortality through November 8,                                    Council may recommend or NMFS may
                                                    commercial directed fishery, of which 8                          2016, is 1,321 mt for trawl gear and 206                                 make changes to the seasonal, gear-type,
                                                    mt were harvested.                                               mt for hook-and-line gear for a total                                    or fishery category apportionments of
                                                       The FMP authorizes the Council to                             halibut mortality of 1,527 mt. This                                      halibut PSC limits for the final 2017 and
                                                    exempt specific gear from the halibut                            halibut mortality was calculated using                                   2018 harvest specifications.
                                                    PSC limits. NMFS, after consultation                             groundfish and halibut catch data from                                      The final 2016 and 2017 harvest
                                                    with the Council, proposes to exempt                             the NMFS Alaska Region’s catch                                           specifications (81 FR 14740, March 18,
                                                    pot gear, jig gear, and the sablefish IFQ                        accounting system. This accounting                                       2016) summarized the Council’s and
                                                    hook-and-line gear fishery categories                            system contains historical and recent                                    NMFS’ findings with respect to halibut
                                                    from the non-trawl halibut PSC limit for                         catch information compiled from each                                     PSC for each of these FMP
                                                    2017 and 2018. The Council                                       Alaska groundfish fishery.                                               considerations. The Council’s and
                                                    recommended, and NMFS is proposing,                                 Section 679.21(d)(4)(i) and (ii)                                      NMFS’ findings for 2017 are unchanged
                                                    these exemptions because (1) pot gear                            authorizes NMFS to seasonally                                            from 2016. Table 9 lists the proposed
                                                    fisheries have low annual halibut                                apportion the halibut PSC limits after                                   2017 and 2018 Pacific halibut PSC
                                                    bycatch mortality, (2) IFQ program                               consultation with the Council. The FMP                                   limits, allowances, and apportionments.
                                                    regulations prohibit discard of halibut if                       and regulations require that the Council                                 The halibut PSC limits in these tables
                                                    any halibut IFQ permit holder on board                           and NMFS consider the following                                          reflect the halibut PSC limits set forth at
                                                    a CV holds unused halibut IFQ                                    information in seasonally apportioning                                   § 679.21(d)(2) and § 679.21(d)(3).
                                                    (§ 679.7(f)(11)), (3) some sablefish IFQ                         halibut PSC limits: (1) Seasonal                                         Sections 679.21(d)(4)(iii) and (iv)
                                                    permit holders hold halibut IFQ permits                          distribution of halibut, (2) seasonal                                    specify that any underages or overages
                                                    and are therefore required to retain the                         distribution of target groundfish species                                of a seasonal apportionment of a PSC
                                                    halibut they catch while fishing                                 relative to halibut distribution, (3)                                    limit will be deducted from or added to
                                                    sablefish IFQ, and (4) NMFS estimates                            expected halibut bycatch needs on a                                      the next respective seasonal
                                                    negligible halibut mortality for the jig                         seasonal basis relative to changes in                                    apportionment within the fishing year.

                                                               TABLE 9—PROPOSED 2017 AND 2018 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS
                                                                                                                                    [Values are in metric tons]

                                                                               Trawl gear                                                                                         Hook-and-line gear 1

                                                                                                                                                      Other than DSR                                                           DSR
                                                                 Season                        Percent          Amount
                                                                                                                                           Season                          Percent          Amount                   Season                          Amount

                                                    January 20–April 1 ..............                27.5          469     January 1–June 10 .............                           86        221   January 1–December 31 ....                           9
                                                    April 1–July 1 .......................             20          341     June 10–September 1 ........                               2          5
                                                    July 1–September 1 ............                    30          512     September 1–December 31                                   12         31
                                                    September 1–October 1 ......                      7.5          128
                                                    October 1–December 31 .....                        15          256

                                                         Total .............................   ..............     1,706    .............................................   ..............      257   .............................................        9
                                                       1 The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and
                                                    fisheries other than DSR. The hook-and-line sablefish fishery is exempt from halibut PSC limits, as are pot and jig gear for all groundfish
                                                    fisheries.


                                                       Section 679.21(d)(3)(ii) authorizes                           deep-water flatfish, rex sole, and                                         Table 28d to 50 CFR part 679 specifies
                                                    further apportionment of the trawl                               arrowtooth flounder; and (2) a shallow-                                  the amount of the trawl halibut PSC
                                                    halibut PSC limit as bycatch allowances                          water species fishery, composed of                                       limit that is assigned to the CV and
                                                    to trawl fishery categories. The annual                          pollock, Pacific cod, shallow-water                                      C/P sectors that are participating in the
                                                    apportionments are based on each                                 flatfish, flathead sole, Atka mackerel,                                  Central GOA Rockfish Program. This
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                                                    category’s proportional share of the                             skates and ‘‘other species’’ (sculpins,                                  includes 117 mt of halibut PSC limit to
                                                    anticipated halibut bycatch mortality                            sharks, squids, and octopuses)                                           the CV sector and 74 mt of halibut PSC
                                                    during a fishing year and optimization                           (§ 679.21(d)(3)(iii)). Table 10 lists the                                limit to the C/P sector. These amounts
                                                    of the total amount of groundfish                                proposed 2017 and 2018 seasonal                                          are allocated from the trawl deep-water
                                                    harvest under the halibut PSC limit. The                         apportionments of trawl halibut PSC                                      species fishery’s halibut PSC third
                                                    fishery categories for the trawl halibut                         limits between the trawl gear deep-                                      seasonal apportionment.
                                                    PSC limits are (1) a deep-water species                          water and the shallow-water species                                        Section 679.21(d)(4)(iii)(B) limits the
                                                    fishery, composed of sablefish, rockfish,                        fisheries.                                                               amount of the halibut PSC limit


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                                                    87892                         Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                    allocated to Rockfish Program                                               the unused annual halibut PSC                                                limit is unavailable for use by vessels
                                                    participants that could be re-                                              apportioned to Rockfish Program                                              directed fishing with trawl gear for the
                                                    apportioned to the general GOA trawl                                        participants. The remainder of the                                           remainder of the fishing year
                                                    fisheries to no more than 55 percent of                                     unused Rockfish Program halibut PSC                                          (§ 679.21(d)(4)(iii)(C)).

                                                     TABLE 10—PROPOSED 2017 AND 2018 SEASONAL APPORTIONMENTS OF THE PACIFIC HALIBUT PSC LIMIT APPORTIONED
                                                                  BETWEEN THE TRAWL GEAR SHALLOW-WATER AND DEEP-WATER SPECIES FISHERIES
                                                                                                                                                [Values are in metric tons]

                                                                                                                Season                                                                         Shallow-water                    Deep-water 1                     Total

                                                    January 20–April 1 ...........................................................................................................                                384                               85                    469
                                                    April 1–July 1 ...................................................................................................................                             85                              256                    341
                                                    July 1–September 1 .........................................................................................................                                  171                              341                    512
                                                    September 1–October 1 ..................................................................................................                                      128                               (3)                   128

                                                        Subtotal, January 20–October 1 ..............................................................................                                              768                             682                   1,450
                                                    October 1–December 31 2 ...............................................................................................                  ............................    ............................                  256

                                                                 Total ...................................................................................................................   ............................    ............................                1,706
                                                       1 Vessels participating in cooperatives in the Rockfish Program will receive 191 mt of the third season (July 1 through September 1) deep-
                                                    water species fishery halibut PSC apportionment.
                                                      2 There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth season (October 1 through Decem-
                                                    ber 31).
                                                      3 Any remainder.




                                                       Section 679.21(d)(2) requires that the                                   proposed rule to implement                                                   between the hook-and-line CV and
                                                    ‘‘other hook-and-line fishery’’ halibut                                     Amendment 83 to the FMP (76 FR                                               hook-and-line C/P sectors in the GOA.
                                                    PSC apportionment to vessels using                                          44700, July 26, 2011) and is not                                                No later than November 1 of each
                                                    hook-and-line gear must be divided                                          repeated here.                                                               year, NMFS calculates the projected
                                                    between CVs and C/Ps. NMFS must                                               For 2017 and 2018, NMFS proposes
                                                                                                                                                                                                             unused amount of halibut PSC limit by
                                                    calculate the halibut PSC limit                                             annual halibut PSC limit
                                                                                                                                apportionments of 129 mt and 128 mt to                                       either of the hook-and-line sectors for
                                                    apportionments for the entire GOA to
                                                    hook-and-line CVs and C/Ps in                                               the hook-and-line CV and hook-and-line                                       the remainder of the year. The projected
                                                    accordance with § 679.21(d)(2)(iii) in                                      C/P sectors, respectively. The 2017 and                                      unused amount of halibut PSC limit is
                                                    conjunction with these harvest                                              2018 annual halibut PSC limits are                                           made available to the other hook-and-
                                                    specifications. A comprehensive                                             divided into three seasonal                                                  line sector for the remainder of that
                                                    description and example of the                                              apportionments, using seasonal                                               fishing year if NMFS determines that an
                                                    calculations necessary to apportion the                                     percentages of 86 percent, 2 percent,                                        additional amount of halibut PSC limit
                                                    ‘‘other hook-and-line fishery’’ halibut                                     and 12 percent. Table 11 lists the                                           is necessary for that sector to continue
                                                    PSC limit between the hook-and-line CV                                      proposed 2017 and 2018 annual halibut                                        its directed fishing operations
                                                    and C/P sectors were included in the                                        PSC limits and seasonal apportionments                                       (§ 679.21(d)(2)(iii)(C)).

                                                       TABLE 11—PROPOSED 2017 AND 2018 APPORTIONMENTS OF THE ‘‘OTHER HOOK-AND-LINE FISHERIES’’ HALIBUT PSC
                                                            ALLOWANCE BETWEEN THE HOOK-AND-LINE GEAR CATCHER VESSEL AND CATCHER/PROCESSOR SECTORS
                                                                                                                                                [Values are in metric tons]

                                                       ‘‘Other than                                                                                                                                                                                               Sector
                                                                                                                          Sector annual                                                                                                 Seasonal
                                                            DSR’’                 Hook-and-line sector                                                                              Season                                                                       seasonal
                                                                                                                            amount                                                                                                     percentage
                                                         allowance                                                                                                                                                                                                amount

                                                    257 ..................     Catcher Vessel .............                                129      January 1–June 10 ..............................................                                        86            111
                                                                                                                                                    June 10–September 1 .........................................                                            2              3
                                                                                                                                                    September 1–December 31 ................................                                                12             15
                                                                               Catcher/Processor ........                                  128      January 1–June 10 ..............................................                                        86            110
                                                                                                                                                    June 10–September 1 .........................................                                            2              3
                                                                                                                                                    September 1–December 31 ................................                                                12             15



                                                    Halibut Discard Mortality Rates                                             incidental catch rates are based on                                          estimated using the best information
                                                                                                                                observers’ estimates of halibut                                              available in conjunction with the annual
                                                       To monitor halibut bycatch mortality                                     incidental catch in the groundfish                                           GOA stock assessment process. The
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    allowances and apportionments, the                                          fishery. DMRs are estimates of the                                           DMR methodology and findings are
                                                    Regional Administrator uses observed                                        proportion of incidentally caught                                            included as an appendix to the annual
                                                    halibut incidental catch rates, halibut                                     halibut that do not survive after being                                      GOA groundfish SAFE report.
                                                    discard mortality rates (DMRs), and                                         returned to the sea. The cumulative                                            Historically, DMRs consisted of long-
                                                    estimates of groundfish catch to project                                    halibut mortality that accrues to a                                          term averages of annual DMRs within
                                                    when a fishery’s halibut bycatch                                            particular halibut PSC limit is the                                          target fisheries that were defined by
                                                    mortality allowance or seasonal                                             product of a DMR multiplied by the                                           management area, gear, and target
                                                    apportionment is reached. Halibut                                           estimated halibut PSC. DMRs are                                              species. Since the late 1990s, halibut


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                                                                                  Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                                   87893

                                                    DMRs were calculated by the                                               sector) rather than target fisheries; and                                  • Change the reference time-frame for
                                                    International Pacific Halibut                                             revision of reference timeframes to                                     DMR calculations. Rather than using 10-
                                                    Commission (IPHC), which then                                             obtain estimates that are more                                          year average rates, the revised
                                                    provided the estimates to the NMFS for                                    responsive to changes in how the                                        methodology estimates DMRs based on
                                                    application in managing halibut bycatch                                   groundfish fisheries are observed and                                   and initial 3-year average rates. Using
                                                    limits. DMRs specified through the                                        managed. These recommendations, and                                     2013 as the starting year is more
                                                    Council process and used for catch                                        others, are described below.                                            responsive to, and better aligns DMR
                                                    accounting by NMFS have consisted of                                         • Revise the DMR estimation                                          calculation methodology with, the 2013
                                                    long-term averages of annual estimates                                    methodology for consistency with the                                    restructured Observer Program’s
                                                    within target fisheries that are defined                                  sampling protocols instituted in 2013                                   sampling protocols. Using 2013 as the
                                                    by region, gear, and target species. Long-                                through the restructured Observer                                       base year, NMFS and the Council will
                                                    term averages are taken from annual                                       Program. The Observer Program                                           evaluate the time frame each year.
                                                    estimates for the most recent 10-year                                     randomizes sampling of fishing trips                                    Evaluating the time frame each year will
                                                    period with the number of years with                                      within operational groupings, sampling                                  enable NMFS and the Council to update
                                                    data to support annual DMR estimates                                      of hauls within fishing trips, and                                      the methodology and the halibut DMRs
                                                    varying among fisheries. Fishery-                                         sampling of biological data within                                      based on the best available information.
                                                    specific DMRs, once calculated, have                                      hauls. Basing halibut DMR estimation                                    The working group’s discussion paper
                                                    generally been put in place for 3-year                                    on a sampling design consistent with                                    also included a comparison of the total
                                                    increments.                                                               Observer Program sampling protocols                                     amount of halibut mortality that accrues
                                                       NMFS proposes to revise methods for                                    should reduce the potential for                                         using current DMRs versus the working
                                                    estimating DMRs consistent with those                                     sampling bias, improve data on                                          group’s recommended DMRs.
                                                    methods developed by the halibut DMR                                      operational causes of variation in post-                                Calculating the 2015 halibut mortality
                                                    working group and recommended by the                                      capture halibut viability, and promote                                  using specified DMRs yielded 1,620 mt
                                                    Council at its October 2016 meeting.                                      the ability for NMFS to make timely                                     of halibut mortality, whereas using the
                                                    NMFS proposes for the 2017 and 2018                                       improvements to halibut DMR                                             recommended DMRs yielded 1,688 mt
                                                    GOA groundfish harvest specifications                                     estimation in the future.                                               of halibut morality (a four percent
                                                    revised DMRs consistent with modified                                                                                                             increase). Calculating the 2016 halibut
                                                    DMR estimation methodology. The                                              • Incorporate the use of vessel                                      mortality (through September 2016)
                                                    proposed change will make the DMR                                         operations into DMR estimation                                          yielded 1,243 mt of halibut mortality,
                                                    process transparent, transferable, and                                    methodology. This incorporates data                                     versus 1,256 mt of halibut mortality
                                                    allow for review by all agencies/entities                                 about the viability (likelihood to                                      when applying the recommended DMRs
                                                    involved. The Alaska Region will                                          survive) of discarded halibut into DMR                                  (a one percent increase).
                                                    program the revised DMRs into its                                         calculations. Data based on different                                      These proposed estimation methods,
                                                    groundfish catch accounting system to                                     vessel operational categories, such as                                  and recommendations for 2017 and
                                                    monitor the 2017 and 2018 halibut                                         sorting practices, handling practices,                                  2018 halibut DMRs, were presented to
                                                    bycatch allowances (see Tables 9, 10,                                     gear type, and processing sectors (i.e.                                 the Plan Team in September 2016. The
                                                    and 11). The DMRs proposed for 2017                                       CVs, CPs, and CVs delivering to                                         Plan Team concurred with the revised
                                                    and 2018 GOA groundfish harvest                                           motherships), provide better                                            methodology, as well as the working
                                                    specifications reflect an ongoing effort                                  information on halibut viability. NMFS                                  group’s halibut DMR recommendations
                                                    by the Council to improve the                                             expects that incorporating this                                         for 2017 and 2018. The Council agreed
                                                    estimation of DMRs in the Alaska                                          information into the DMR estimation                                     with these recommendations at the
                                                    groundfish fisheries.                                                     methodology will yield a more precise                                   Council’s October 2016 meeting.
                                                       The halibut DMR working group,                                         estimate of actual mortality.                                           Additionally, in April 2016 the SSC
                                                    consisting of the IPHC, Council, and                                         • Remove the use of target fishery.                                  reviewed the methodology and made a
                                                    NMFS Alaska Region staff,                                                 Fishery targets do not necessarily                                      number of suggestions for improving
                                                    recommended the following broad                                           characterize statistical and/or vessel                                  and refining it. The working group has
                                                    changes to the DMR estimation method:                                     operational differences in the sampling                                 incorporated those suggestions into its
                                                    Implementation of sampling design                                         or handling of halibut PSC. Using                                       DMR estimation methodology. The
                                                    consistent with sampling protocols used                                   fishery target aggregations may have                                    working group’s discussion of the
                                                    under the Observer Restructuring                                          reduced the quality of DMR estimates                                    revised halibut DMR methodology,
                                                    Program; categorization of data of                                        due to small sample sizes or by                                         including the comparative assessment,
                                                    halibut viability based on vessel                                         combining vessel operations with very                                   is available from the Council (see
                                                    operations (sorting and handling                                          important differences in sampling and                                   ADDRESSES). Table 12 lists the proposed
                                                    practices, gear type, and processing                                      handling characteristics.                                               2017 and 2018 DMRs.

                                                        TABLE 12—PROPOSED 2017 AND 2018 HALIBUT DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF
                                                                                                    ALASKA
                                                                                                                           [Values are percent of halibut assumed to be dead]

                                                                                                                                                                                                                                                  Discard
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                                                                               Gear                                                             Sector                                                      Program                             mortality rate
                                                                                                                                                                                                                                                 (percent)

                                                    Hook-and-line ..........................................          C/P ...........................................................   non-Rockfish Program .............................                  11
                                                    Hook-and-line ..........................................          CV ............................................................   non-Rockfish Program .............................                  12
                                                    Pot ...........................................................   CV and C/P .............................................          non-Rockfish Program .............................                  10
                                                    Pelagic trawl ............................................        CV ............................................................   Rockfish Program ....................................              100
                                                    Non-pelagic trawl .....................................           CV ............................................................   Rockfish Program ....................................               85
                                                    Pelagic trawl ............................................        CV ............................................................   non-Rockfish Program .............................                 100



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                                                    87894                      Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                        TABLE 12—PROPOSED 2017 AND 2018 HALIBUT DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF
                                                                                               ALASKA—Continued
                                                                                                                      [Values are percent of halibut assumed to be dead]

                                                                                                                                                                                                                                             Discard
                                                                             Gear                                                          Sector                                                      Program                             mortality rate
                                                                                                                                                                                                                                            (percent)

                                                    Non-pelagic trawl .....................................      CV ............................................................   non-Rockfish Program .............................                  63
                                                    Non-pelagic trawl .....................................      C/P and Mothership ................................               non-Rockfish Program .............................                  85
                                                    Non-pelagic trawl .....................................      C/P ...........................................................   Rockfish Program ....................................               85
                                                    Pelagic trawl ............................................   C/P ...........................................................   Rockfish Program ....................................              100
                                                    Pelagic trawl ............................................   C/P ...........................................................   non-Rockfish Program .............................                 100



                                                    Chinook Salmon Prohibited Species                                       The Chinook salmon PSC limit for                                     limits on AFA C/Ps and CVs in the
                                                    Catch Limit                                                          two sectors, trawl C/Ps and trawl CVs                                   GOA. These sideboard limits are
                                                                                                                         not participating in the Rockfish                                       necessary to protect the interests of
                                                       Amendment 93 to the FMP (77 FR                                    Program, may be increased in                                            fishermen and processors who do not
                                                    42629, July 20, 2012) established                                    subsequent years based on the                                           directly benefit from the AFA from
                                                    separate Chinook salmon PSC limits in                                performance of these two sectors and                                    those fishermen and processors who
                                                    the Western and Central GOA in the                                   their ability to minimize their use of                                  receive exclusive harvesting and
                                                    directed pollock trawl fishery. These                                their respective Chinook salmon PSC                                     processing privileges under the AFA.
                                                    limits require NMFS to close the pollock                             limits. If either or both of these two                                  Section 679.7(k)(1)(ii) prohibits listed
                                                    directed fishery in the Western and                                  sectors limits its use of Chinook salmon
                                                    Central regulatory areas of the GOA if                                                                                                       AFA C/Ps from harvesting any species
                                                                                                                         PSC to a certain threshold amount in
                                                    the applicable limit is reached                                                                                                              of fish in the GOA. Additionally,
                                                                                                                         2016, that sector will receive an
                                                    (§ 679.21(h)(8)). The annual Chinook                                 incremental increase to its 2017                                        § 679.7(k)(1)(iv) prohibits listed AFA
                                                    salmon PSC limits in the pollock                                     Chinook salmon PSC limit                                                C/Ps from processing any pollock
                                                    directed fishery of 6,684 salmon in the                              (§ 679.21(h)(4)). NMFS will evaluate the                                harvested in a directed pollock fishery
                                                    Western GOA and 18,316 salmon in the                                 annual Chinook salmon PSC by trawl                                      in the GOA and any groundfish
                                                    Central GOA are set in § 679.21(h)(2)(i)                             C/Ps and non-Rockfish Program CVs                                       harvested in Statistical Area 630 of the
                                                    and (ii). In addition, all salmon                                    when the 2016 fishing year is complete                                  GOA.
                                                    (regardless of species), taken in the                                to determine whether to increase the                                       AFA CVs that are less than 125 ft
                                                    pollock directed fisheries in the Western                            Chinook salmon PSC limits for these                                     (38.1 meters) length overall, have
                                                    and Central GOA must be retained until                               two sectors. Based on preliminary 2016                                  annual landings of pollock in the Bering
                                                    an observer at the processing facility                               Chinook salmon PSC data, the trawl                                      Sea and Aleutian Islands of less than
                                                    that takes delivery of the catch is                                  C/P sector will receive an incremental                                  5,100 mt, and have made at least 40
                                                    provided an opportunity to count the                                 increase of its Chinook salmon PSC                                      landings of GOA groundfish from 1995
                                                    number of salmon and to collect any                                  limit, as will the non-Rockfish Program                                 through 1997 are exempt from GOA
                                                    scientific data or biological samples                                CV sector. This evaluation will be
                                                                                                                                                                                                 sideboard limits under § 679.64(b)(2)(ii).
                                                    from the salmon (§ 679.21(h)(6)).                                    completed in conjunction with the final
                                                                                                                         2017 and 2018 harvest specifications.                                   Sideboard limits for non-exempt AFA
                                                       Amendment 97 to the FMP (79 FR                                       As described earlier in this preamble,                               CVs operating in the GOA are based on
                                                    71350, December 2, 2014) established an                              Amendment 103 to the FMP became                                         their traditional harvest levels of TAC in
                                                    initial annual PSC limit of 7,500                                    effective in 2016. The regulations                                      groundfish fisheries covered by the
                                                    Chinook salmon for the non-pollock                                   associated with Amendment 103                                           FMP. Section 679.64(b)(3)(iv)
                                                    groundfish fisheries. This limit is                                  authorize NMFS to use inseason                                          establishes the groundfish sideboard
                                                    apportioned among three sectors: 3,600                               management actions to reapportion                                       limitations in the GOA based on the
                                                    Chinook salmon to trawl C/Ps; 1,200                                  unused Chinook salmon PSC among the                                     retained catch of non-exempt AFA CVs
                                                    Chinook salmon to trawl CVs                                          pollock and non-pollock sectors. As of                                  of each sideboard species from 1995
                                                    participating in the Rockfish Program;                               November 15, 2016, NMFS has not                                         through 1997 divided by the TAC for
                                                    and 2,700 Chinook salmon to trawl CVs                                exercised this authority, as none of the                                that species over the same period.
                                                    not participating in the Rockfish                                    trawl sectors have needed such
                                                    Program that are fishing for groundfish                                                                                                         Table 13 lists the proposed 2017 and
                                                                                                                         reapportionments.
                                                    species other than pollock                                                                                                                   2018 groundfish sideboard limits for
                                                    (§ 679.21(h)(4)). NMFS will monitor the                              American Fisheries Act (AFA) Catcher/                                   non-exempt AFA CVs. NMFS will
                                                    Chinook salmon PSC in the non-pollock                                Processor and Catcher Vessel                                            deduct all targeted or incidental catch of
                                                    GOA groundfish fisheries and close an                                Groundfish Sideboard Limits                                             sideboard species made by non-exempt
                                                    applicable sector if it reaches its                                    Section 679.64 establishes groundfish                                 AFA CVs from the sideboard limits
                                                    Chinook salmon PSC limit.                                            harvesting and processing sideboard                                     listed in Table 13.
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                                                                                Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                    87895

                                                             TABLE 13—PROPOSED 2017 AND 2018 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV)
                                                                                            GROUNDFISH SIDEBOARD LIMITS
                                                                                                                          [Values are rounded to the nearest metric ton]

                                                                                                                                                                                                  Ratio of                      Proposed
                                                                                                                                                                                               1995–1997                        2017 and
                                                                                                                                                                                               non-exempt        Proposed
                                                                                                         Apportionments by                                                                                                      2018 non-
                                                                   Species                                                                              Area/component                             AFA           2017 and
                                                                                                           season/gear                                                                                                         exempt AFA
                                                                                                                                                                                                CV catch        2018 TACs 3    CV sideboard
                                                                                                                                                                                                 to 1995–                          limit
                                                                                                                                                                                                1997 TAC

                                                    Pollock ...................................   A Season—January 20–                         Shumagin (610) ....................                   0.6047            3,769          2,279
                                                                                                    March 10.                                  Chirikof (620) ........................               0.1167           42,732          4,987
                                                                                                                                               Kodiak (630) .........................                0.2028           12,272          2,489
                                                                                                  B Season—March 10–May                        Shumagin (610) ....................                   0.6047            3,769          2,279
                                                                                                    31.                                        Chirikof (620) ........................               0.1167           49,996          5,835
                                                                                                                                               Kodiak (630) .........................                0.2028            5,007          1,015
                                                                                                  C Season—August 25–Octo-                     Shumagin (610) ....................                   0.6047           24,060         14,549
                                                                                                    ber 1.                                     Chirikof (620) ........................               0.1167           15,176          1,771
                                                                                                                                               Kodiak (630) .........................                0.2028           19,529          3,960
                                                                                                  D Season—October 1–No-                       Shumagin (610) ....................                   0.6047           24,060         14,549
                                                                                                    vember 1.                                  Chirikof (620) ........................               0.1167           15,175          1,771
                                                                                                                                               Kodiak (630) .........................                0.2028           19,529          3,960
                                                                                                  Annual ...................................   WYK (640) ............................                0.3495            9,209          3,219
                                                                                                                                               SEO (650) .............................               0.3495            9,920          3,467
                                                    Pacific cod .............................     A Season 1—January 1–June                    W ..........................................          0.1331           14,699          1,956
                                                                                                    10.                                        C ...........................................         0.0692           19,175          1,327
                                                                                                  B Season 2—September 1–                      W ..........................................          0.1331            9,799          1,304
                                                                                                    December 31.                               C ...........................................         0.0692           12,783            885
                                                                                                  Annual ...................................   E inshore ..............................              0.0079            5,124             40
                                                                                                                                               E offshore .............................              0.0078              569              4
                                                    Sablefish ................................    Annual, trawl gear ................          W ..........................................          0.0000              233              0
                                                                                                                                               C ...........................................         0.0642              736             47
                                                                                                                                               E ...........................................         0.0433              173              8
                                                    Flatfish, shallow-water ...........           Annual ...................................   W ..........................................          0.0156           13,250            207
                                                                                                                                               C ...........................................         0.0587           17,680          1,038
                                                                                                                                               E ...........................................         0.0126            3,925             49
                                                    Flatfish, deep-water ...............          Annual ...................................   W ..........................................          0.0000              187              0
                                                                                                                                               C ...........................................         0.0647            3,516            227
                                                                                                                                               E ...........................................         0.0128            5,578             71
                                                    Rex sole ................................     Annual ...................................   W ..........................................          0.0007            1,318              1
                                                                                                                                               C ...........................................         0.0384            4,453            171
                                                                                                                                               E ...........................................         0.0029            1,736              5
                                                    Arrowtooth flounder ...............           Annual ...................................   W ..........................................          0.0021           14,500             30
                                                                                                                                               C ...........................................         0.0280           75,000          2,100
                                                                                                                                               E ...........................................         0.0002           13,800              3
                                                    Flathead sole .........................       Annual ...................................   W ..........................................          0.0036            8,650             31
                                                                                                                                               C ...........................................         0.0213           15,400            328
                                                                                                                                               E ...........................................         0.0009            3,800              3
                                                    Pacific ocean perch ...............           Annual ...................................   W ..........................................          0.0023            2,709              6
                                                                                                                                               C ...........................................         0.0748           16,860          1,261
                                                                                                                                               E ...........................................         0.0466            4,620            215
                                                    Northern rockfish ...................         Annual ...................................   W ..........................................          0.0003              430              0
                                                                                                                                               C ...........................................         0.0277            3,338             92
                                                    Shortraker rockfish ................          Annual ...................................   W ..........................................          0.0000               38              0
                                                                                                                                               C ...........................................         0.0218              301              7
                                                                                                                                               E ...........................................         0.0110              947             10
                                                    Dusky Rockfish ......................         Annual ...................................   W ..........................................          0.0001              159              0
                                                                                                                                               C ...........................................         0.0000            3,791              0
                                                                                                                                               E ...........................................         0.0067              334              2
                                                    Rougheye rockfish .................           Annual ...................................   W ..........................................          0.0000              105              0
                                                                                                                                               C ...........................................         0.0237              705             17
                                                                                                                                               E ...........................................         0.0124              515              6
                                                    Demersal shelf rockfish .........             Annual ...................................   SEO ......................................            0.0020              231              0
                                                    Thornyhead rockfish ..............            Annual ...................................   W ..........................................          0.0280              291              8
                                                                                                                                               C ...........................................         0.0280              988             28
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                                                                                                                                               E ...........................................         0.0280              682             19
                                                    Other Rockfish .......................        Annual ...................................   W/C .......................................           0.1699            1,534            261
                                                                                                                                               E ...........................................         0.0000              774              0
                                                    Atka mackerel ........................        Annual ...................................   Gulfwide ................................             0.0309            2,000             62
                                                    Big skates ..............................     Annual ...................................   W ..........................................          0.0063              908              6
                                                                                                                                               C ...........................................         0.0063            1,850             12
                                                                                                                                               E ...........................................         0.0063            1,056              7
                                                    Longnose skates ...................           Annual ...................................   W ..........................................          0.0063               61              0
                                                                                                                                               C ...........................................         0.0063            2,513             16



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                                                    87896                          Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                              TABLE 13—PROPOSED 2017 AND 2018 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV)
                                                                                       GROUNDFISH SIDEBOARD LIMITS—Continued
                                                                                                                                   [Values are rounded to the nearest metric ton]

                                                                                                                                                                                                               Ratio of                                         Proposed
                                                                                                                                                                                                            1995–1997                                           2017 and
                                                                                                                                                                                                            non-exempt                  Proposed
                                                                                                                Apportionments by                                                                                                                               2018 non-
                                                                    Species                                                                                       Area/component                                AFA                     2017 and
                                                                                                                  season/gear                                                                                                                                  exempt AFA
                                                                                                                                                                                                             CV catch                  2018 TACs 3             CV sideboard
                                                                                                                                                                                                              to 1995–                                             limit
                                                                                                                                                                                                             1997 TAC

                                                                                                                                                         E ...........................................                0.0063                           632                4
                                                    Other skates ..........................            Annual      ...................................   Gulfwide ................................                    0.0063                         1,919               12
                                                    Sculpins .................................         Annual      ...................................   Gulfwide ................................                    0.0063                         5,591               35
                                                    Sharks ...................................         Annual      ...................................   Gulfwide ................................                    0.0063                         4,514               28
                                                    Squids ....................................        Annual      ...................................   Gulfwide ................................                    0.0063                         1,148                7
                                                    Octopuses .............................            Annual      ...................................   Gulfwide ................................                    0.0063                         4,878               31
                                                       1   The Pacific cod A season for trawl gear does not open until January 20.
                                                       2   The Pacific cod B season for trawl gear closes November 1.
                                                       3   The Western and Central GOA area apportionments of pollock are considered ACLs.


                                                    Non-Exempt AFA Catcher Vessel                                                 based on the aggregate retained                                             fishery from 1995 through 1997
                                                    Halibut PSC Limits                                                            groundfish catch by non-exempt AFA                                          (§ 679.64(b)(4)). Table 14 lists the
                                                                                                                                  CVs in each PSC target category from                                        proposed 2017 and 2018 non-exempt
                                                      The halibut PSC sideboard limits for                                        1995 through 1997 divided by the                                            AFA CV halibut PSC limits for vessels
                                                    non-exempt AFA CVs in the GOA are                                             retained catch of all vessels in that                                       using trawl gear in the GOA.
                                                     TABLE 14—PROPOSED 2017 AND 2018 NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL HALIBUT PROHIBITED
                                                                    SPECIES CATCH (PSC) LIMITS FOR VESSELS USING TRAWL GEAR IN THE GOA
                                                                                                                                [PSC limits are rounded to the nearest metric ton]

                                                                                                                                                                                                  Ratio of
                                                                                                                                                                                                 1995–1997                                                      Proposed
                                                                                                                                                                                                                                 Proposed
                                                                                                                                                                                              non-exempt AFA                                                  2017 and 2018
                                                           Season                              Season dates                                          Fishery category                                                          2017 and 2018
                                                                                                                                                                                                CV retained                                                  non-exempt AFA
                                                                                                                                                                                                                                 PSC limit
                                                                                                                                                                                                catch to total                                                 CV PSC limit
                                                                                                                                                                                               retained catch

                                                    1 .....................     January 20–April 1 .....................                shallow-water ..............................                             0.340                             384                  131
                                                                                                                                        deep-water ..................................                            0.070                              85                    6
                                                    2 .....................     April 1–July 1 ..............................           shallow-water ..............................                             0.340                              85                   29
                                                                                                                                        deep-water ..................................                            0.070                             256                   18
                                                    3 .....................     July 1–September 1 ...................                  shallow-water ..............................                             0.340                             171                   58
                                                                                                                                        deep-water ..................................                            0.070                             341                   24
                                                    4 .....................     September 1–October 1 .............                     shallow-water ..............................                             0.340                             128                   44
                                                                                                                                        deep-water ..................................                            0.070                               0                    0
                                                    5 .....................     October 1–December 31 ............                      all targets ....................................                         0.205                             256                   52

                                                           Annual .....         .....................................................   Total shallow-water ....................              ............................    ............................              262
                                                                                                                                        Total deep-water ........................             ............................    ............................               48

                                                                                                                                        Grand Total, all seasons and                          ............................                       1,706                  362
                                                                                                                                          categories.



                                                    Non-AFA Crab Vessel Groundfish                                                each GOA groundfish fishery (except                                         Tanner Crabs (Crab FMP) (70 FR 10174,
                                                    Sideboard Limits                                                              the fixed-gear sablefish fishery).                                          March 2, 2005), Amendment 34 to the
                                                                                                                                  Sideboard limits also apply to landings                                     Crab FMP (76 FR 35772, June 20, 2011),
                                                       Section 680.22 establishes groundfish                                      made using an LLP license derived from                                      Amendment 83 to the GOA FMP (76 FR
                                                    sideboard limits for vessels with a                                           the history of a restricted vessel, even if                                 74670, December 1, 2011), and
                                                    history of participation in the Bering                                        that LLP license is used on another                                         Amendment 45 to the Crab FMP (80 FR
                                                    Sea snow crab fishery to prevent these                                        vessel.                                                                     28539, May 19, 2015).
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                                                    vessels from using the increased                                                The basis for these sideboard harvest                                       Table 15 lists the proposed 2017 and
                                                    flexibility provided by the Crab                                              limits is described in detail in the final                                  2018 groundfish sideboard limitations
                                                    Rationalization Program to expand their                                       rules implementing the major                                                for non-AFA crab vessels. All targeted
                                                    level of participation in the GOA                                             provisions of the Crab Rationalization                                      or incidental catch of sideboard species
                                                    groundfish fisheries. Sideboard harvest                                       Program, including Amendments 18 and                                        made by non-AFA crab vessels or
                                                    limits restrict these vessels’ catch to                                       19 to the Fishery Management Plan for                                       associated LLP licenses will be
                                                    their collective historical landings in                                       Bering Sea/Aleutian Islands King and                                        deducted from these sideboard limits.




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                                                                               Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                      87897

                                                       TABLE 15—PROPOSED 2017 AND 2018 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD
                                                                                                  LIMITS
                                                                                                                         [Values are rounded to the nearest metric ton]

                                                                                                                                                                                      Ratio of
                                                                                                                                                                                    1996–2000                          Proposed 2017
                                                                                                                                                                                  non-AFA crab        Proposed 2017     and 2018 non-
                                                                 Species                               Season/gear                        Area/component/gear                     vessel catch to     and 2018 TACs    AFA crab vessel
                                                                                                                                                                                    1996–2000                           sideboard limit
                                                                                                                                                                                   total harvest

                                                    Pollock ...............................   A Season—January 20–                    Shumagin (610) ................                      0.0098              3,769                         37
                                                                                                March 10.                             Chirikof (620) ....................                  0.0031             42,732                        132
                                                                                                                                      Kodiak (630) .....................                   0.0002             12,272                          2
                                                                                              B Season—March 10–May                   Shumagin (610) ................                      0.0098              3,769                         37
                                                                                                31.                                   Chirikof (620) ....................                  0.0031             49,996                        155
                                                                                                                                      Kodiak (630) .....................                   0.0002              5,007                          1
                                                                                              C Season—August 25–                     Shumagin (610) ................                      0.0098             24,060                        236
                                                                                                October 1.                            Chirikof (620) ....................                  0.0031             15,176                         47
                                                                                                                                      Kodiak (630) .....................                   0.0002             19,529                          4
                                                                                              D Season—October 1–No-                  Shumagin (610) ................                      0.0098             24,060                        236
                                                                                                vember 1.                             Chirikof (620) ....................                  0.0031             15,175                         47
                                                                                                                                      Kodiak (630) .....................                   0.0002             19,529                          4
                                                                                              Annual ..............................   WYK (640) ........................                   0.0000              9,209
                                                                                                                                      SEO (650) ........................                   0.0000              9,920
                                                    Pacific cod .........................     A Season 1—January 1–                   W Jig CV ..........................                  0.0000             14,699
                                                                                                June 10.                              W Hook-and-line CV .........                         0.0004             14,699                             6
                                                                                                                                      W Pot CV .........................                   0.0997             14,699                      1,466
                                                                                                                                      W Pot C/P ........................                   0.0078             14,699                         115
                                                                                                                                      W Trawl CV ......................                    0.0007             14,699                           10
                                                                                                                                      C Jig CV ...........................                 0.0000             19,175   ............................
                                                                                                                                      C Hook-and-line CV .........                         0.0001             19,175                             2
                                                                                                                                      C Pot CV ..........................                  0.0474             19,175                         909
                                                                                                                                      C Pot C/P .........................                  0.0136             19,175                         261
                                                                                                                                      C Trawl CV .......................                   0.0012             19,175                           23
                                                                                              B Season 2—September                    W Jig CV ..........................                  0.0000              9,799
                                                                                                1–December 31                         W Hook-and-line CV .........                         0.0004              9,799                             4
                                                                                                                                      W Pot CV .........................                   0.0997              9,799                         977
                                                                                                                                      W Pot C/P ........................                   0.0078              9,799                           76
                                                                                                                                      W Trawl CV ......................                    0.0007              9,799                             7
                                                                                                                                      C Jig CV ...........................                 0.0000             12,783   ............................
                                                                                                                                      C Hook-and-line CV .........                         0.0001             12,783                             1
                                                                                                                                      C Pot CV ..........................                  0.0474             12,783                         606
                                                                                                                                      C Pot C/P .........................                  0.0136             12,783                         174
                                                                                                                                      C Trawl CV .......................                   0.0012             12,783                           15
                                                                                              Annual ..............................   E inshore ..........................                 0.0110              5,124                           56
                                                                                                                                      E offshore .........................                 0.0000                569   ............................
                                                    Sablefish ............................    Annual, trawl gear ............         W ......................................             0.0000                233   ............................
                                                                                                                                      C .......................................            0.0000                736   ............................
                                                                                                                                      E .......................................            0.0000                173   ............................
                                                    Flatfish, shallow-water .......           Annual ..............................   W ......................................             0.0059             13,250                           78
                                                                                                                                      C .......................................            0.0001             17,680                             2
                                                                                                                                      E .......................................            0.0000              3,925   ............................
                                                    Flatfish, deep-water ...........          Annual ..............................   W ......................................             0.0035                187                             1
                                                                                                                                      C .......................................            0.0000              3,516   ............................
                                                                                                                                      E .......................................            0.0000              5,578   ............................
                                                    Rex sole .............................    Annual ..............................   W ......................................             0.0000              1,318   ............................
                                                                                                                                      C .......................................            0.0000              4,453   ............................
                                                                                                                                      E .......................................            0.0000              1,736   ............................
                                                    Arrowtooth flounder ...........           Annual ..............................   W ......................................             0.0004             14,500                             6
                                                                                                                                      C .......................................            0.0001             75,000                             8
                                                                                                                                      E .......................................            0.0000             13,800   ............................
                                                    Flathead sole .....................       Annual ..............................   W ......................................             0.0002              8,650                             2
                                                                                                                                      C .......................................            0.0004             15,400                             6
                                                                                                                                      E .......................................            0.0000              3,800   ............................
                                                    Pacific ocean perch ...........           Annual ..............................   W ......................................             0.0000              2,709   ............................
                                                                                                                                      C .......................................            0.0000             16,860   ............................
                                                                                                                                      E .......................................            0.0000              4,620   ............................
                                                    Northern rockfish ...............         Annual ..............................   W ......................................             0.0005                430                             0
                                                                                                                                      C .......................................            0.0000              3,338   ............................
                                                    Shortraker rockfish ............          Annual ..............................   W ......................................             0.0013                 38                             0
                                                                                                                                      C .......................................            0.0012                301                             0
                                                                                                                                      E .......................................            0.0009                947                             1
                                                    Dusky rockfish ...................        Annual ..............................   W ......................................             0.0017                159                             0
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                                                                                                                                      C .......................................            0.0000              3,791   ............................
                                                                                                                                      E .......................................            0.0000                334   ............................
                                                    Rougheye rockfish .............           Annual ..............................   W ......................................             0.0067                105                             1
                                                                                                                                      C .......................................            0.0047                705                             3
                                                                                                                                      E .......................................            0.0008                515                             0
                                                    Demersal shelf rockfish .....             Annual ..............................   SEO ..................................               0.0000                231   ............................
                                                    Thornyhead rockfish ..........            Annual ..............................   W ......................................             0.0047                291                             1
                                                                                                                                      C .......................................            0.0066                988                             7
                                                                                                                                      E .......................................            0.0045                682                             3
                                                    Other rockfish ....................       Annual ..............................   W ......................................             0.0035              1,534                             5



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                                                    87898                      Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                       TABLE 15—PROPOSED 2017 AND 2018 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD
                                                                                             LIMITS—Continued
                                                                                                                           [Values are rounded to the nearest metric ton]

                                                                                                                                                                                            Ratio of
                                                                                                                                                                                          1996–2000                                  Proposed 2017
                                                                                                                                                                                        non-AFA crab                Proposed 2017     and 2018 non-
                                                                 Species                               Season/gear                            Area/component/gear                       vessel catch to             and 2018 TACs    AFA crab vessel
                                                                                                                                                                                          1996–2000                                   sideboard limit
                                                                                                                                                                                         total harvest

                                                                                                                                          C .......................................                  0.0033                    774   ............................
                                                                                                                                          E .......................................                  0.0000                  2,000   ............................
                                                    Atka mackerel ....................        Annual ..............................       Gulfwide ............................                      0.0000                    908                           36
                                                    Big skate ............................    Annual ..............................       W ......................................                   0.0392                  1,850                           29
                                                                                                                                          C .......................................                  0.0159                  1,056   ............................
                                                                                                                                          E .......................................                  0.0000                     61                             2
                                                    Longnose skate .................          Annual ..............................       W ......................................                   0.0392                  2,513                           40
                                                                                                                                          C .......................................                  0.0159                    632   ............................
                                                                                                                                          E .......................................                  0.0000                  1,919                           34
                                                    Other skates ......................       Annual     ..............................   Gulfwide ............................                      0.0176                  5,591                           98
                                                    Sculpins .............................    Annual     ..............................   Gulfwide ............................                      0.0176                  4,514                           79
                                                    Sharks ................................   Annual     ..............................   Gulfwide ............................                      0.0176                  1,148                           20
                                                    Squids ................................   Annual     ..............................   Gulfwide ............................                      0.0176                  4,878                           86
                                                    Octopuses ..........................      Annual     ..............................   Gulfwide ............................                      0.0176                     38                             0
                                                       1 The   Pacific cod A season for trawl gear does not open until January 20.
                                                       2 The   Pacific cod B season for trawl gear closes November 1.


                                                    Rockfish Program Groundfish Sideboard                                 rockfish, and Pacific ocean perch in the                                   District from July 1 through July 31.
                                                    and Halibut PSC Limitations                                           Western GOA and West Yakutat                                               Holders of C/P-designated LLP licenses
                                                                                                                          Districts from July 1 through July 31.                                     that opt out of participating in a
                                                       The Rockfish Program establishes                                   Also, CVs may not participate in                                           Rockfish Program cooperative will be
                                                    three classes of sideboard provisions:                                directed fishing for arrowtooth flounder,
                                                    CV groundfish sideboard restrictions,                                                                                                            able to access those sideboard limits
                                                                                                                          deep-water flatfish, and rex sole in the                                   that are not assigned to Rockfish
                                                    C/P rockfish sideboard restrictions, and                              GOA from July 1 through July 31
                                                    C/P opt-out vessel sideboard                                                                                                                     Program cooperatives. Table 16 lists the
                                                                                                                          (§ 679.82(d)).                                                             proposed 2017 and 2018 Rockfish
                                                    restrictions. These sideboards are                                       C/Ps participating in Rockfish
                                                    intended to limit the ability of rockfish                                                                                                        Program C/P rockfish sideboard limits
                                                                                                                          Program cooperatives are restricted by
                                                    harvesters to expand into other                                                                                                                  in the Western GOA and West Yakutat
                                                                                                                          rockfish and halibut PSC sideboard
                                                    fisheries.                                                            limits. These C/Ps are prohibited from                                     District. Due to confidentiality
                                                       CVs participating in the Rockfish                                  directed fishing for northern rockfish,                                    requirements associated with fisheries
                                                    Program may not participate in directed                               Pacific ocean perch, and dusky rockfish                                    data, the sideboard limits for the West
                                                    fishing for dusky rockfish, northern                                  in the Western GOA and West Yakutat                                        Yakutat District are not displayed.

                                                       TABLE 16—PROPOSED 2017 AND 2018 ROCKFISH PROGRAM SIDEBOARD LIMITS FOR THE WESTERN GOA AND WEST
                                                                     YAKUTAT DISTRICT BY FISHERY FOR THE CATCHER/PROCESSOR (C/P) SECTOR
                                                                                                                           [Values are rounded to the nearest metric ton]

                                                                                                                                                                                                                                      Proposed 2017
                                                                                                                                                                                          C/P sector                Proposed 2017     and 2018 C/P
                                                                              Area                                                           Fishery                                      (% of TAC)                and 2018 TACs       sideboard
                                                                                                                                                                                                                                           limit

                                                    Western GOA ...........................................       Dusky rockfish .........................................            72.3 ....................                159   115
                                                                                                                  Pacific ocean perch .................................               50.6 ....................              2,709   1,371
                                                                                                                  Northern rockfish .....................................             74.3 ....................                430   319
                                                    West Yakutat District ................................        Dusky rockfish .........................................              Confidential 1                         251     Confidential 1
                                                                                                                  Pacific ocean perch .................................                 Confidential 1                       2,818     Confidential 1
                                                       1 Not   released due to confidentiality requirements associated with fish ticket data, as established by NMFS and the State of Alaska.


                                                       Under the Rockfish Program, the C/P                                that opt out of the Rockfish Program                                       are linked to the catch history of
                                                    sector is subject to halibut PSC                                      would be able to access that portion of                                    specific vessels that may choose to opt
                                                    sideboard limits for the trawl deep-                                  the deep-water and shallow-water                                           out. After March 1, NMFS will
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                                                    water and shallow-water species                                       halibut PSC sideboard limit not                                            determine which C/Ps have opted-out of
                                                    fisheries from July 1 through July 31. No                             assigned to C/P rockfish cooperatives.                                     the Rockfish Program in 2017, and will
                                                    halibut PSC sideboard limits apply to                                 The sideboard provisions for C/Ps that                                     know the ratios and amounts used to
                                                    the CV sector, as vessels participating in                            elect to opt out of participating in a                                     calculate opt-out sideboard ratios.
                                                    a rockfish cooperative receive a portion                              rockfish cooperative are described in                                      NMFS will then calculate any
                                                    of the annual halibut PSC limit. C/Ps                                 § 679.82(c), (e), and (f). Sideboard limits                                applicable opt-out sideboard limits and




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                                                                               Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                                     87899

                                                    post these limits on the Alaska Region                              fisheries.noaa.gov/sustainablefisheries/                           2018 proposed Rockfish Program
                                                    Web site at http://alaska                                           rockfish/. Table 17 lists the 2017 and                             halibut PSC limits for the C/P sector.

                                                     TABLE 17—PROPOSED 2017 AND 2018 ROCKFISH PROGRAM HALIBUT MORTALITY LIMITS FOR THE CATCHER/PROCESSOR
                                                                                                  SECTOR
                                                                                                                         [Values are rounded to the nearest metric ton]

                                                                                                                                                                                                                             Annual deep-
                                                                                                                         Shallow-water                  Deep-water                                      Annual shallow-      water species
                                                                                                                             species                      species                                        water species
                                                                                                                                                                                  Annual halibut                                 fishery
                                                                                                                             fishery                      fishery                                        fishery halibut
                                                                                Sector                                                                                            mortality limit                             halibut PSC
                                                                                                                           halibut PSC                  halibut PSC                                     PSC sideboard
                                                                                                                                                                                      (mt)                                     sideboard
                                                                                                                         sideboard ratio              sideboard ratio                                         limit                limit
                                                                                                                            (percent)                    (percent)                                            (mt)                 (mt)

                                                    Catcher/processor ............................................              0.10                          2.50                    1,706                    2                  43



                                                    Amendment 80 Program Groundfish                                     80 Program to expand their harvest                                   Groundfish sideboard limits for
                                                    and PSC Sideboard Limits                                            efforts in the GOA.                                                Amendment 80 Program vessels
                                                      Amendment 80 to the Fishery                                          Section 679.92 establishes groundfish                           operating in the GOA are based on their
                                                    Management Plan for Groundfish of the                               harvesting sideboard limits on all                                 average aggregate harvests from 1998
                                                    Bering Sea and Aleutian Islands                                     Amendment 80 Program vessels, other                                through 2004. Table 18 lists the
                                                    Management Area (Amendment 80                                       than the F/V Golden Fleece, to amounts                             proposed 2017 and 2018 sideboard
                                                    Program) established a limited access                               no greater than the limits shown in                                limits for Amendment 80 Program
                                                    privilege program for the non-AFA trawl                             Table 37 to part 679. Under § 679.92(d),                           vessels. NMFS will deduct all targeted
                                                    C/P sector. The Amendment 80 Program                                the F/V Golden Fleece is prohibited                                or incidental catch of sideboard species
                                                    established groundfish and halibut PSC                              from directed fishing for pollock, Pacific                         made by Amendment 80 Program
                                                    limits for Amendment 80 Program                                     cod, Pacific ocean perch, dusky                                    vessels from the sideboard limits in
                                                    participants to limit the ability of                                rockfish, and northern rockfish in the                             Table 18.
                                                    participants eligible for the Amendment                             GOA.

                                                     TABLE 18—PROPOSED 2017 AND 2018 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS
                                                                                                                         [Values are rounded to the nearest metric ton]

                                                                                                                                                                                                                               Proposed
                                                                                                                                                                                      Ratio of                               2017 and 2018
                                                                                                                                                                                  Amendment 80          Proposed 2017        Amendment 80
                                                                 Species                                   Season                                     Area                        sector vessels        and 2018 TAC        vessel sideboard
                                                                                                                                                                                    1998–2004                (mt)                limits
                                                                                                                                                                                   catch to TAC                                   (mt)

                                                    Pollock ...............................   A Season—January 20–                    Shumagin (610) ................                         0.003                 3,769                 11
                                                                                                February 25.                          Chirikof (620) ....................                     0.002                42,732                 85
                                                                                                                                      Kodiak (630) .....................                      0.002                12,272                 25
                                                                                              B Season—March 10–May                   Shumagin (610) ................                         0.003                 3,769                 11
                                                                                                31.                                   Chirikof (620) ....................                     0.002                49,996                100
                                                                                                                                      Kodiak (630) .....................                      0.002                 5,007                 10
                                                                                              C Season—August 25–                     Shumagin (610) ................                         0.003                24,060                 72
                                                                                                September 15.                         Chirikof (620) ....................                     0.002                15,176                 30
                                                                                                                                      Kodiak (630) .....................                      0.002                19,529                 39
                                                                                              D Season—October 1–No-                  Shumagin (610) ................                         0.003                24,060                 72
                                                                                                vember 1.                             Chirikof (620) ....................                     0.002                15,175                 30
                                                                                                                                      Kodiak (630) .....................                      0.002                19,529                 39
                                                                                              Annual ..............................   WYK (640) ........................                      0.002                 9,209                 18
                                                    Pacific cod .........................     A Season 1—January 1–                   W ......................................                0.020                14,699                294
                                                                                                June 10.                              C .......................................               0.044                19,175                844
                                                                                              B Season 2—September                    W ......................................                0.020                 9,799                196
                                                                                                1–December 31.                        C .......................................               0.044                12,783                562
                                                                                              Annual ..............................   WYK .................................                   0.034                 5,693                194
                                                    Pacific ocean perch ...........           Annual ..............................   W ......................................                0.994                 2,709              2,693
                                                                                                                                      WYK .................................                   0.961                 2,818              2,708
                                                    Northern rockfish ...............         Annual ..............................   W ......................................                1.000                   430                430
                                                    Dusky rockfish ...................        Annual ..............................   W ......................................                0.764                   159                121
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                                                                                                                                      WYK .................................                   0.896                   251                225
                                                       1 The   Pacific cod A season for trawl gear does not open until January 20.
                                                       2 The   Pacific cod B season for trawl gear closes November 1.


                                                     The halibut PSC sideboard limits for                               halibut PSC by Amendment 80 Program                                slightly lower than the average historic
                                                    Amendment 80 Program vessels in the                                 vessels in each PSC target category from                           use to accommodate two factors:
                                                    GOA are based on the historic use of                                1998 through 2004. These values are                                Allocation of halibut PSC cooperative



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                                                    87900                          Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules

                                                    quota under the Rockfish Program and                                          2018 halibut PSC sideboard limits for                                 sideboard limits that may be used by
                                                    the exemption of the F/V Golden Fleece                                        Amendment 80 Program vessels. These                                   Amendment 80 Program vessels, as
                                                    from this restriction (§ 679.92(b)(2)).                                       tables incorporate the maximum                                        contained in Table 38 to 50 CFR part
                                                    Table 19 lists the proposed 2017 and                                          percentages of the halibut PSC                                        679.

                                                       TABLE 19—PROPOSED 2017 AND 2018 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN
                                                                                                  THE GOA
                                                                                                                                   [Values are rounded to the nearest metric ton]

                                                                                                                                                                                            Historic                                                      Proposed
                                                                                                                                                                                         Amendment 80                     Proposed 2017                2017 and 2018
                                                                                                                                                                                           use of the                    and 2018 annual               Amendment 80
                                                         Season                                Season dates                                        Fishery category                      annual halibut                      PSC limit                   vessel PSC
                                                                                                                                                                                           PSC limit                           (mt)                    sideboard limit
                                                                                                                                                                                             (ratio)                                                        (mt)

                                                    1 .....................     January 20–April 1 .....................                shallow-water ..............................                    0.0048                            1,706                      8
                                                                                                                                        deep-water ..................................                   0.0115                            1,706                     20
                                                    2 .....................     April 1–July 1 ..............................           shallow-water ..............................                    0.0189                            1,706                     32
                                                                                                                                        deep-water ..................................                   0.1072                            1,706                    183
                                                    3 .....................     July 1–September 1 ...................                  shallow-water ..............................                    0.0146                            1,706                     25
                                                                                                                                        deep-water ..................................                   0.0521                            1,706                     89
                                                    4 .....................     September 1–October 1 .............                     shallow-water ..............................                    0.0074                            1,706                     13
                                                                                                                                        deep-water ..................................                   0.0014                            1,706                      2
                                                    5 .....................     October 1–December 31 ............                      shallow-water ..............................                    0.0227                            1,706                     39
                                                                                                                                        deep-water ..................................                   0.0371                            1,706                     63

                                                          Annual .....          .....................................................   Total shallow-water ....................        ............................    ............................               117
                                                                                                                                        Total deep-water ........................       ............................    ............................               357

                                                                                                                                        Grand Total, all seasons and                    ............................    ............................               474
                                                                                                                                          categories.



                                                    Classification                                                                relevant TACs. The IRFA evaluated the                                    For RFA purposes only, NMFS has
                                                       NMFS has determined that the                                               impacts on small entities of alternative                              established a small business size
                                                    proposed harvest specifications are                                           harvest strategies for the groundfish                                 standard for businesses, including their
                                                    consistent with the FMP and                                                   fisheries in the EEZ off Alaska. As set                               affiliates, whose primary industry is
                                                    preliminarily determined that the                                             forth in the methodology, TACs are set                                commercial fishing (see 50 CFR 200.2).
                                                    proposed harvest specifications are                                           to a level that fall within the range of                              A business primarily engaged in
                                                    consistent with the Magnuson-Stevens                                          ABCs recommended by the SSC; the                                      commercial fishing (NAICS code 11411)
                                                    Act and other applicable laws, subject to                                     sum of the TACs must achieve the OY                                   is classified as a small business if it is
                                                    further review after public comment.                                          specified in the FMP. While the specific                              independently owned and operated, is
                                                       This action is authorized under 50                                         numbers that the methodology produces                                 not dominant in its field of operation
                                                    CFR 679.20 and is exempt from review                                          may vary from year to year, the                                       (including its affiliates), and has
                                                    under Executive Orders 12866 and                                              methodology itself remains constant.                                  combined annual receipts not in excess
                                                    13563.                                                                           A description of the proposed action,                              of $11 million for all its affiliated
                                                       NMFS prepared an EIS for this action                                       why it is being considered, and the legal                             operations worldwide.
                                                    and made it available to the public on                                                                                                                 The IRFA shows that, in 2015, there
                                                                                                                                  basis for this proposed action are
                                                    January 12, 2007 (72 FR 1512). On                                                                                                                   were 969 individual CVs with gross
                                                                                                                                  contained in the preamble above. A
                                                    February 13, 2007, NMFS issued the                                                                                                                  revenues less than or equal to $11
                                                                                                                                  copy of the analysis is available from
                                                    Record of Decision (ROD) for the Final                                                                                                              million. This estimate accounts for
                                                                                                                                  NMFS (see ADDRESSES). A summary of
                                                    EIS. A Supplemental Information Report                                                                                                              corporate affiliations among vessels, and
                                                                                                                                  the IRFA follows.
                                                    (SIR) that assesses the need to prepare                                                                                                             for cooperative affiliations among
                                                                                                                                     The action under consideration is a                                fishing entities, since some of the
                                                    a Supplemental EIS is being prepared
                                                    for the final action. Copies of the Final                                     harvest strategy to govern the catch of                               fishing vessels operating in the GOA are
                                                    EIS, ROD, and SIR for this action are                                         groundfish in the GOA. The preferred                                  members of AFA inshore pollock
                                                    available from NMFS (see ADDRESSES).                                          alternative is the existing harvest                                   cooperatives, GOA rockfish
                                                    The Final EIS analyzes the                                                    strategy in which TACs fall within the                                cooperatives, or BSAI Crab
                                                    environmental consequences of the                                             range of ABCs recommended by the                                      Rationalization Program cooperatives.
                                                    proposed groundfish harvest                                                   SSC. This action is taken in accordance                               Therefore, under the RFA, it is the
                                                    specifications and alternative harvest                                        with the FMP prepared by the Council                                  aggregate gross receipts of all
                                                    strategies on resources in the action                                         pursuant to the Magnuson-Stevens Act.                                 participating members of the
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                                                    area. The Final EIS found no significant                                         The entities directly regulated by this                            cooperative that must meet the ‘‘under
                                                    environmental consequences from the                                           action are those that harvest groundfish                              $11 million’’ threshold. Vessels that
                                                    proposed action or its alternatives.                                          in the EEZ of the GOA and in parallel                                 participate in these cooperatives are
                                                       NMFS prepared an Initial Regulatory                                        fisheries within State of Alaska waters.                              considered to be large entities within
                                                    Flexibility Analysis (IRFA) as required                                       These include entities operating CVs                                  the meaning of the RFA. After
                                                    by section 603 of the Regulatory                                              and C/Ps within the action area and                                   accounting for membership in these
                                                    Flexibility Act (RFA), analyzing the                                          entities receiving direct allocations of                              cooperatives, there are an estimated 969
                                                    methodology for establishing the                                              groundfish.                                                           small CV entities remaining in the GOA


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                                                                          Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules                                                87901

                                                    groundfish sector. This latter group of                 practical implications that increased                 production. Thus, this alternative would
                                                    vessels had average gross revenues that                 TACs (where the sum of TACs equals                    have a detrimental impact on small
                                                    varied by gear type. Average gross                      the sum of ABCs) for some species                     entities.
                                                    revenues for hook-and-line CVs, pot                     probably would not be fully harvested.                   Alternative 5, which sets all harvests
                                                    gear vessels, and trawl gear vessels are                This could be due to a lack of                        equal to zero, would have a significant
                                                    estimated to be $350,000, $760,000, and                 commercial or market interest in such                 adverse economic impact on small
                                                    $1.85 million, respectively. Revenue                    species. Additionally, an underharvest                entities and would be contrary to
                                                    data for the three C/Ps considered to be                of some TACs could result due to                      obligations to achieve OY on a
                                                    small entities are confidential. There are              constraints such as the fixed, and                    continuing basis, as mandated by the
                                                    three C/Ps that are considered to be                    therefore constraining, PSC limits                    Magnuson-Stevens Act. Under
                                                    small entities; however, their revenue                  associated with the harvest of the GOA                Alternative 5, all 969 individual CVs
                                                    data is confidential.                                   groundfish species.                                   impacted by this rule would have gross
                                                       The preferred alternative (Alternative                  Alternative 3 selects harvest rates
                                                                                                                                                                  revenues of $0. Additionally, the three
                                                    2) was compared to four other                           based on the most recent 5 years of
                                                                                                                                                                  small C/Ps impacted by this rule also
                                                    alternatives. Alternative 1 would have                  harvest rates (for species in Tiers 1
                                                                                                                                                                  would have gross revenues of $0.
                                                    set TACs to generate fishing rates equal                through 3) or for the most recent 5 years
                                                    to the maximum permissible ABC (if the                  of harvests (for species in Tiers 4                      The proposed harvest specifications
                                                    full TAC were harvested), unless the                    through 6). This alternative is                       (Alternative 2) extend the current 2017
                                                    sum of TACs exceeded the GOA OY, in                     inconsistent with the objectives of this              OFLs, ABCs, and TACs to 2017 and
                                                    which case TACs would be limited to                     action, the Council’s preferred harvest               2018. As noted in the IRFA, the Council
                                                    the OY. Alternative 3 would have set                    strategy, because it does not take                    may modify these OFLs, ABCs, and
                                                    TACs to produce fishing rates equal to                  account of the most recent biological                 TACs in December 2016, when it
                                                    the most recent 5-year average fishing                  information for this fishery. NMFS                    reviews the November 2016 SAFE
                                                    rate. Alternative 4 would have set TACs                 annually conducts at-sea stock surveys                report from its Groundfish Plan Team,
                                                    to equal the lower limit of the GOA OY                  for different species, as well as                     and the December 2016 Council meeting
                                                    range. Alternative 5, the ‘‘no action                   statistical modeling, to estimate stock               reports of its SSC and AP. Because the
                                                    alternative,’’ would have set TACs equal                sizes and permissible harvest levels.                 2017 TACs in the proposed 2017 and
                                                    to zero.                                                Actual harvest rates or harvest amounts               2018 harvest specifications are
                                                       The TACs associated with the                         are a component of these estimates, but               unchanged from the 2017 TACs, NMFS
                                                    preferred harvest strategy are those                    in and of themselves may not accurately               does not expect adverse impacts on
                                                    adopted by the Council in October 2016,                 portray stock sizes and conditions.                   small entities. Also, NMFS does not
                                                    as per Alternative 2. OFLs and ABCs for                 Harvest rates are listed for each species             expect any changes made by the Council
                                                    the species were based on                               category for each year in the SAFE                    in December 2016 to have significant
                                                    recommendations prepared by the                         report (see ADDRESSES).                               adverse impacts on small entities.
                                                    Council’s GOA Plan Team in September                       Alternative 4 would lead to                           This action does not modify
                                                    2016, and reviewed by the Council’s                     significantly lower harvests of all                   recordkeeping or reporting
                                                    SSC in October 2016. The Council based                  species and reduce the TACs from the                  requirements, or duplicate, overlap, or
                                                    its TAC recommendations on those of                     upper end of the OY range in the GOA,                 conflict with any Federal rules.
                                                    its AP, which were consistent with the                  to its lower end of 116,000 mt. Overall,
                                                    SSC’s OFL and ABC recommendations.                      this would reduce 2017 TACs by about                     Adverse impacts on marine mammals
                                                       Alternative 1 selects harvest rates that             80 percent and would lead to significant              or endangered species resulting from
                                                    would allow fishermen to harvest stocks                 reductions in harvests of species                     fishing activities conducted under this
                                                    at the level of ABCs, unless total                      harvested by small entities. While                    rule are discussed in the Final EIS and
                                                    harvests were constrained by the upper                  reductions of this size would be                      its accompanying annual SIRs (see
                                                    bound of the GOA OY of 800,000 mt. As                   associated with offsetting price                      ADDRESSES).
                                                    shown in Table 1 of the preamble, the                   increases, the size of these increases is               Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
                                                    sum of ABCs in 2017 and 2018 would                      very uncertain. There are close                       1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.
                                                    be 708,629 mt, which falls below the                    substitutes for GOA groundfish species                3631 et seq.; Pub. L. 105–277; Pub. L. 106–
                                                    upper bound of the OY range. The sum                    available in significant quantities from              31; Pub. L. 106–554; Pub. L. 108–199; Pub.
                                                    of TACs is 573,872 mt, which is less                    the Bering Sea and Aleutian Islands                   L. 108–447; Pub. L. 109–241; Pub. L. 109–
                                                                                                                                                                  479.
                                                    than the sum of ABCs. In this instance,                 management area. While production
                                                    Alternative 1 is consistent with the                    declines in the GOA would                               Dated: November 30, 2016.
                                                    preferred alternative (Alternative 2),                  undoubtedly be associated with                        Samuel D. Rauch III,
                                                    meets the objectives of that action, and                significant price increases in the GOA,               Deputy Assistant Administrator for
                                                    has small entity impacts that are                       these increases would still be                        Regulatory Programs, National Marine
                                                    equivalent to the preferred alternative.                constrained by production of                          Fisheries Service.
                                                    In some instances, the selection of                     substitutes, and are very unlikely to                 [FR Doc. 2016–29150 Filed 12–5–16; 8:45 am]
                                                    Alternative 1 would not reflect the                     offset revenue declines from smaller                  BILLING CODE 3510–22–P
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Document Created: 2016-12-06 02:18:21
Document Modified: 2016-12-06 02:18:21
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.
ContactObren Davis, 907-586-7228.
FR Citation81 FR 87881 
RIN Number0648-XE90

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