82_FR_58141 82 FR 57906 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2018 and 2019 Harvest Specifications for Groundfish

82 FR 57906 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2018 and 2019 Harvest Specifications for Groundfish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 235 (December 8, 2017)

Page Range57906-57924
FR Document2017-26477

NMFS proposes 2018 and 2019 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to establish harvest limits for groundfish during the 2018 and 2019 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.

Federal Register, Volume 82 Issue 235 (Friday, December 8, 2017)
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Proposed Rules]
[Pages 57906-57924]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26477]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-7779-01]
RIN 0648-XF636


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; 2018 and 2019 Harvest Specifications for 
Groundfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 57907]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes 2018 and 2019 harvest specifications, 
apportionments, and prohibited species catch allowances for the 
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) 
management area. This action is necessary to establish harvest limits 
for groundfish during the 2018 and 2019 fishing years, and to 
accomplish the goals and objectives of the Fishery Management Plan for 
Groundfish of the Bering Sea and Aleutian Islands Management Area. The 
intended effect of this action is to conserve and manage the groundfish 
resources in the BSAI in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act.

DATES: Comments must be received by January 8, 2018.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2017-0108, by 
either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0108, 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: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record, and NMFS will post the comments 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 
is publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).
    Electronic copies of the Alaska Groundfish Harvest Specifications 
Final Environmental Impact Statement (Final EIS), Record of Decision 
(ROD), Supplementary Information Report (SIR) to the EIS, and the 
Initial Regulatory Flexibility Analysis (IRFA) prepared for this action 
may be obtained from http://www.regulations.gov or from the Alaska 
Region Web site at http://alaskafisheries.noaa.gov. The final 2016 
Stock Assessment and Fishery Evaluation (SAFE) report for the 
groundfish resources of the BSAI, dated November 2016, is available 
from the North Pacific Fishery Management Council (Council) at 605 West 
4th Avenue, Suite 306, Anchorage, AK 99501-2252, phone 907-271-2809, or 
from the Council's Web site at http://www.npfmc.org/. The draft 2017 
SAFE report for the BSAI is available from the same source.

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

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 
implement the Fishery Management Plan for Groundfish of the Bering Sea 
and Aleutian Islands Management Area (FMP) and govern the groundfish 
fisheries in the BSAI. The Council prepared the FMP, and NMFS approved 
it, under the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). General regulations governing U.S. fisheries 
also appear at 50 CFR part 600.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species category. The sum of TACs for all 
groundfish species in the BSAI must be within the optimum yield (OY) 
range of 1.4 million to 2.0 million metric tons (mt) (see Sec.  
679.20(a)(1)(i)(A)). Section 679.20(c)(1) further requires NMFS to 
publish proposed harvest specifications in the Federal Register and 
solicit public comments on proposed annual TACs and apportionments 
thereof, prohibited species catch (PSC) allowances, prohibited species 
quota (PSQ) reserves established by Sec.  679.21, seasonal allowances 
of pollock, Pacific cod, and Atka mackerel TAC, American Fisheries Act 
allocations, Amendment 80 allocations, Community Development Quota 
(CDQ) reserve amounts established by Sec.  679.20(b)(1)(ii), and 
acceptable biological catch (ABC) surpluses and reserves for CDQ groups 
and Amendment 80 cooperatives for flathead sole, rock sole, and 
yellowfin sole. The proposed harvest specifications set forth in Tables 
1 through 16 of this action satisfy these requirements.
    Under Sec.  679.20(c)(3), NMFS will publish the final harvest 
specifications for 2018 and 2019 after (1) considering comments 
received within the comment period (see DATES), (2) consulting with the 
Council at its December 2017 meeting, (3) considering information 
presented in the SIR to the EIS that assesses the need to prepare a 
Supplemental EIS (see ADDRESSES), and (4) considering information 
presented in the final 2017 SAFE reports prepared for the 2018 and 2019 
groundfish fisheries.

Other Actions Affecting the 2018 and 2019 Harvest Specifications

Amendment 117: Reclassify Squid as an Ecosystem Species

    In June 2017, the Council recommended for Secretarial review 
Amendment 117 to the FMP. Amendment 117 would reclassify squid in the 
FMP as an ``Ecosystem Component'' species, which is a category of non-
target species that are not in need of conservation and management. 
Currently, NMFS annually sets an Overfishing Level (OFL), ABC, and TAC 
for squid in the BSAI groundfish harvest specifications. Under 
Amendment 117, OFL, ABC, and TAC specifications would no longer be 
required. Proposed regulations to implement Amendment 117 would 
prohibit directed fishing for squid, require recordkeeping and 
reporting to monitor and report catch of squid species annually, and 
establish a squid maximum retainable amount when directed fishing for 
groundfish species at 20 percent to discourage retention, while 
allowing flexibility to prosecute groundfish fisheries. Further details 
will be available on publication of the proposed rule for Amendment 
117. If Amendment 117 and its implementing regulations are approved by 
the Secretary of Commerce, Amendment 117 and its implementing 
regulations are anticipated to be effective by 2019. Until Amendment 
117 is effective, NMFS will continue to publish OFLs, ABCs, and TACs 
for squid in the BSAI groundfish harvest specifications.

Alaska Guideline Harvest Levels

    The Alaska Board of Fisheries (BOF), a regulatory body for the 
Alaska Department of Fish and Game, established a guideline harvest 
level (GHL) in State of Alaska (State) waters between 164 and 167 
degrees west longitude in the Bering Sea subarea (BS) equal to 6.4 
percent of the Pacific cod ABC for the BS. The Council recommends that 
the proposed 2018 and 2019 Pacific cod TACs accommodate the State's 
GHLs for Pacific cod in State waters in the BS. The Council and its 
BSAI Groundfish Plan Team (Plan Team), Scientific and Statistical 
Committee (SSC), and Advisory Panel (AP) recommended that the sum of 
all State and Federal water Pacific cod removals from the BS not exceed 
the proposed ABC recommendations of 208,265 mt.

[[Page 57908]]

Accordingly, the Council recommends the proposed 2018 and 2019 Pacific 
cod TACs in the BS to account for State GHLs.
    For 2018 and 2019, the BOF established a GHL in State waters in the 
Aleutian Islands subarea (AI) equal to 27 percent of the Pacific cod 
ABC for the AI. The Council recommends that the proposed 2018 and 2019 
Pacific cod TACs accommodate the State's GHLs for Pacific cod in State 
waters in the AI. The Council and its Plan Team, SSC, and AP 
recommended that the sum of all State and Federal water Pacific cod 
removals from the AI not exceed the proposed ABC recommendations of 
21,500 mt. Accordingly, the Council recommends that the proposed 2018 
and 2019 Pacific cod TACs in the AI account for State GHLs.

Proposed ABC and TAC Harvest Specifications

    At the October 2017 Council meeting, the SSC, AP, and Council 
reviewed the most recent biological and harvest information on the 
condition of the BSAI groundfish stocks. The Plan Team compiled and 
presented this information, which was initially compiled by the Plan 
Team and presented in the final 2016 SAFE report for the BSAI 
groundfish fisheries, dated November 2016 (see ADDRESSES).
    The Council recommends and NMFS proposes a reduction in the Pacific 
cod OFL, ABC, and TAC levels as compared to those levels implemented 
for Pacific cod in the 2017 and 2018 final BSAI groundfish harvest 
specifications published in February 2017 (82 FR 11826, February 27, 
2017). The only changes to the proposed 2018 and 2019 harvest 
specifications from the final 2018 harvest specifications are 
associated with a decrease in Pacific cod OFL, ABC, and TAC in the BS 
and increases in pollock TAC amounts in the BS, Atka mackerel, Pacific 
ocean perch, and rock sole TAC amounts in the BSAI. The net increases 
of TAC equal the decrease of Pacific cod TAC, and leave the sum of the 
TACs equal to 2.0 million mt. The Council concurred with its SSC's 
recommendation to reduce the Pacific cod OFL and ABC, as well as its 
AP's recommendation for a corresponding reduction in the Pacific cod 
TAC. The reductions to the Pacific cod OFL, ABC, and TAC are the result 
of preliminary 2017 BSAI bottom trawl survey data, as well as other 
data, that recently became available to stock assessment scientists.
    Based on the results of the 2017 BSAI bottom trawl survey estimates 
and preliminary modeling for the Pacific cod stock assessment, the 
Pacific cod biomass and abundance has decreased significantly since the 
2016 BSAI bottom trawl survey. This decrease is corroborated by 
additional data sets that appear to support the trawl survey results 
associated with a decrease in the Pacific cod biomass. This information 
led to the recommended reduction in the proposed 2018 and 2019 Pacific 
cod OFL and ABC. The SSC opted to recommend a proposed 2018 OFL and ABC 
based on the average of the current 2018 OFL and ABC amounts and 
preliminary Tier 5 OFL and ABC amounts provided by the Pacific cod 
stock assessment author. This precautionary approach provides a strong 
indication of decreases in the OFL and ABC amounts for the final 
harvest specifications. However, this was a temporary approach used 
only for these proposed specifications, and Pacific cod remains in Tier 
3a. The SSC also strongly noted that the final 2018 and 2019 harvest 
specifications for Pacific cod could be even lower than those 
recommended in the proposed 2018 and 2019 harvest specifications once 
the stock assessment process has been completed and reviewed by 
December 2017.
    The proposed Pacific cod OFL, ABC, and TAC amounts likely will 
further change once the Pacific cod stock assessment is finalized, 
reviewed by the Council's groundfish Plan Team in November, and then 
subsequently reviewed by the SSC, AP, and Council in December 2017. The 
proposed reductions to Pacific cod OFL, ABC, and TAC amounts apply in 
the BS, while for the AI, the proposed OFL, ABC, and TAC amounts are 
unchanged from the final 2018 amounts. The Council increased the 
proposed TACs of Atka mackerel, Pacific ocean perch, pollock, and rock 
sole to match the decrease of Pacific cod TAC in the BS, and these TACs 
could also change in the final specifications based on the final 
Pacific cod harvest amounts.
    The amounts proposed for the 2018 and 2019 harvest specifications 
are based on the 2016 SAFE report, and initial survey data, and are 
subject to change in the final harvest specifications to be published 
by NMFS following the Council's December 2017 meeting. In November 
2017, the Plan Team will update the 2016 SAFE report to include new 
information collected during 2017, such as NMFS stock surveys, revised 
stock assessments, and catch data. At its December 2017 meeting, the 
Council will consider information contained in the final 2017 SAFE 
report, recommendations from the November 2017 Plan Team meeting, 
public testimony from the December 2017 SSC and AP meetings, and 
relevant written comments in making its recommendations for the final 
2018 and 2019 harvest specifications.
    In previous years, the OFLs and ABCs that have had the most 
significant changes (relative to the amount of assessed tonnage of 
fish) from the proposed to the final harvest specifications have been 
for OFLs and ABCs that are based on the most recent NMFS stock surveys, 
which provide updated estimates of stock biomass and spatial 
distribution, and changes to the models used in the stock assessments. 
Any changes will be recommended by the Plan Team in November 2017 and 
then included in the final 2017 SAFE report. The final 2017 SAFE report 
will include the most recent information, such as catch data.
    The final harvest specification amounts for these stocks are not 
expected to vary greatly from the proposed harvest specification 
amounts published here, except that Pacific cod harvest amounts could 
change and even decrease further, which could impact other TAC amounts 
in order to achieve OY, as explained earlier in this preamble. If the 
final 2017 SAFE report indicates that the stock biomass trend is 
increasing for a species, then the final 2018 and 2019 harvest 
specifications may reflect an increase from the proposed harvest 
specifications. Conversely, if the final 2017 SAFE report indicates 
that the stock biomass trend is decreasing for a species, then the 
final 2018 and 2019 harvest specifications may reflect a decrease from 
the proposed harvest specifications. In addition to changes driven by 
biomass trends, there may be changes in TACs due to the sum of ABCs 
exceeding 2 million mt. Since the regulations require TACs to be set to 
an OY between 1.4 and 2 million mt, the Council may be required to 
recommend TACs that are lower than the ABCs recommended by the Plan 
Team and the SSC, if setting TACs equal to ABCs would cause total TACs 
to exceed an OY of 2 million mt. Generally, total ABCs greatly exceed 2 
million mt in years with a large pollock biomass. NMFS anticipates 
that, both for 2018 and 2019, the sum of the ABCs will exceed 2 million 
mt. NMFS expects that the final total TAC for the BSAI for both 2018 
and 2019 will equal 2 million mt each year.
    The proposed OFLs, ABCs, and TACs are based on the best available 
biological and socioeconomic data, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
technical methods used to calculate stock

[[Page 57909]]

biomass. In general, the development of ABCs and OFLs involves 
statistical modeling of fish populations. The FMP specifies a series of 
six tiers to define OFLs and ABCs based on the level of reliable 
information available to fishery scientists. Tier 1 represents the 
highest level of information quality available, while Tier 6 represents 
the lowest.
    In October 2017, the SSC adopted the proposed 2018 and 2019 OFLs 
and ABCs recommended by the Plan Team for all groundfish species, with 
the exception of the decreases for Pacific cod OFL and ABC in the BS. 
The Council adopted the SSC's OFL and ABC recommendations. These 
amounts are unchanged from the final 2018 harvest specifications 
published in the Federal Register on February 27, 2017 (82 FR 11826), 
with the exception of the decreases for BS Pacific cod OFL, ABC, and 
TAC and the related increases for Atka mackerel, Pacific ocean perch, 
pollock, and rock sole TAC amounts. The Council adopted the AP's TAC 
recommendations. For 2018 and 2019, the Council recommended and NMFS 
proposes the OFLs, ABCs, and TACs listed in Table 1. The proposed ABCs 
reflect harvest amounts that are less than the specified OFLs. The sum 
of the proposed 2018 and 2019 ABCs for all assessed groundfish is 
4,167,913 mt, which is less than the final 2018 ABC total in the final 
2017 and 2018 BSAI harvest specifications to account for the decrease 
in BS Pacific cod ABC (82 FR 11826, February 27, 2017). The sum of TACs 
is the same as the final 2018 TAC total in the final 2017 and 2018 BSAI 
harvest specifications, but the proposed harvest specifications reflect 
the decrease in the BS Pacific cod TAC amount and the corresponding 
increases in Atka mackerel, Pacific ocean perch, pollock, and rock sole 
TAC amounts.

Specification and Apportionment of TAC Amounts

    The Council recommended proposed TACs for 2018 and 2019 Bering Sea 
and Eastern Aleutian Islands Atka mackerel that are equal to the 
proposed ABCs. The Council recommended proposed TACs less than the 
respective proposed ABCs for all other TACs. Section 
679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000 
mt when the AI pollock ABC equals or exceeds 19,000 mt. The Bogoslof 
pollock TAC is set to accommodate incidental catch amounts. TACs are 
set so that the sum of the overall TAC does not exceed the BSAI OY.
    The proposed groundfish OFLs, ABCs, and TACs are subject to change 
pending the completion of the final 2017 SAFE report and the Council's 
recommendations for final 2018 and 2019 harvest specifications during 
its December 2017 meeting. These proposed amounts are consistent with 
the biological condition of groundfish stocks as described in the 2016 
SAFE report, and have been adjusted for other biological and 
socioeconomic considerations. Pursuant to Section 3.2.3.4.1 of the FMP, 
the Council could recommend adjusting the TACs if ``warranted on the 
basis of bycatch considerations, management uncertainty, or 
socioeconomic considerations; or if required in order to cause the sum 
of the TACs to fall within the OY range.'' Table 1 lists the proposed 
2018 and 2019 OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for 
groundfish for the BSAI. The proposed apportionment of TAC amounts 
among fisheries and seasons is discussed below.

  Table 1--Proposed 2018 and 2019 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ
                                                    Reserve Allocation of Groundfish in the BSAI \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Proposed 2018 and 2019
                 Species                               Area              -------------------------------------------------------------------------------
                                                                                OFL             ABC             TAC          ITAC \2\         CDQ 3 4
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Pollock \4\.............................  BS............................       4,360,000       2,979,000       1,359,858       1,223,872         135,986
                                          AI............................          49,291          40,788          19,000          17,100           1,900
                                          Bogoslof......................         130,428          97,428             500             500  ..............
Pacific cod \5\.........................  BS............................         258,687         208,265         194,936         174,078          20,858
                                          AI............................          28,700          21,500          15,695          14,016           1,679
Sablefish...............................  BS............................           1,519           1,291           1,274             541             175
                                          AI............................           2,072           1,758           1,735             369             293
Yellowfin sole..........................  BSAI..........................         276,000         250,800         154,000         137,522          16,478
Greenland turbot........................  BSAI..........................          12,831          10,864           4,500           3,825             n/a
                                          BS............................             n/a           9,484           4,375           3,719             468
                                          AI............................             n/a           1,380             125             106  ..............
Arrowtooth flounder.....................  BSAI..........................          67,023          58,633          14,000          11,900           1,498
Kamchatka flounder......................  BSAI..........................          10,700           9,200           5,000           4,250  ..............
Rock sole \6\...........................  BSAI..........................         147,300         143,100          50,100          44,739           5,361
Flathead sole \7\.......................  BSAI..........................          79,136          66,164          15,500          13,842           1,659
Alaska plaice...........................  BSAI..........................          36,900          32,100          13,000          11,050  ..............
Other flatfish \8\......................  BSAI..........................          17,591          13,193           2,500           2,125  ..............
Pacific Ocean perch.....................  BSAI..........................          51,950          42,735          40,400          35,604             n/a
                                          BS............................             n/a          11,924          11,000           9,350  ..............
                                          EAI...........................             n/a          10,074           9,900           8,841           1,059
                                          CAI...........................             n/a           7,828           7,500           6,698             803
                                          WAI...........................             n/a          12,909          12,000          10,716           1,284
Northern rockfish.......................  BSAI..........................          15,854          12,947           5,000           4,250  ..............
Blackspotted and Rougheye rockfish \10\.  BSAI..........................             750             614             225             191  ..............
                                          EBS/EAI.......................             n/a             374             100              85  ..............
                                          CAI/WAI.......................             n/a             240             125             106  ..............
Shortraker rockfish.....................  BSAI..........................             666             499             125             106  ..............
Other rockfish \10\.....................  BSAI..........................           1,816           1,362             875             744  ..............
                                          BS............................             n/a             791             325             276  ..............
                                          AI............................             n/a             571             550             468  ..............
Atka mackerel...........................  BSAI..........................          99,900          85,000          69,410          61,983           7,427
                                          EAI/BS........................             n/a          34,000          34,000          30,362           3,638
                                          CAI...........................             n/a          29,600          21,500          19,200           2,301

[[Page 57910]]

 
                                          WAI...........................             n/a          21,400          13,910          12,422           1,488
Skates..................................  BSAI..........................          46,583          39,008          26,000          22,100  ..............
Sculpins................................  BSAI..........................          56,582          42,387           4,500           3,825  ..............
Sharks..................................  BSAI..........................             689             517             125             106  ..............
Squids..................................  BSAI..........................           6,912           5,184           1,342           1,141  ..............
Octopuses...............................  BSAI..........................           4,769           3,576             400             340  ..............
                                                                         -------------------------------------------------------------------------------
    TOTAL...............................  ..............................       5,764,649       4,167,913       2,000,000       1,790,119         196,927
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\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
  harvest specifications, the BS includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line or pot gear, and the Amendment 80 species (Atka mackerel, Aleutian
  Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 15 percent of each TAC is put into a reserve. The ITAC for
  these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ
  allocation of TAC.
\3\ For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 10.7
  percent of the TAC is reserved for use by CDQ participants (see Sec.  Sec.   679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC is
  allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC is allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
  Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec.  Sec.   679.20(b)(1)(ii)(B) and (D)). The 2018 hook-and-
  line or pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2018 and 2019 harvest specifications. Aleutian
  Islands Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker
  rockfish, blackspotted and rougheye rockfish, ``other rockfish,'' squids, octopuses, skates, sculpins, and sharks are not allocated to the CDQ
  Program.
\4\ Under Sec.   679.20(a)(5)(i)(A)(1), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and
  second for the incidental catch allowance (3.9 percent), is further allocated by sector for a pollock directed fishery as follows: inshore--50
  percent; catcher/processor--40 percent; and motherships--10 percent. Under Sec.   679.20(a)(5)(iii)(B)(2), the annual AI subarea pollock TAC, after
  subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,400 mt), is allocated to the
  Aleut Corporation for a directed pollock fishery.
\5\ The BS Pacific cod TAC is set less than 6.4 percent of the BS ABC to account for the State's guideline harvest level in State waters of the BS. The
  AI Pacific cod TAC is set less than 27 percent of the AI ABC to account for the State guideline harvest level in State waters of the AI.
\6\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\7\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\8\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin
  sole, arrowtooth flounder, Kamchatka flounder, and Alaska plaice.
\9\ ``Blackspotted and Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\10\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
Note: Regulatory areas and districts are defined at Sec.   679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea,
  AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district.)

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

    Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the 
TAC for each target species category, except for pollock, hook-and-line 
and pot gear allocation of sablefish, and Amendment 80 species, in a 
non-specified reserve. Section 679.20(b)(1)(ii)(B) requires NMFS to 
allocate 20 percent of the hook-and-line or pot gear allocation of 
sablefish to the fixed gear sablefish CDQ reserve. Section 
679.20(b)(1)(ii)(D) requires NMFS to allocate 7.5 percent of the trawl 
gear allocation of sablefish and 10.7 percent of Bering Sea Greenland 
turbot and arrowtooth flounder TACs to the respective CDQ reserves. 
Section 679.20(b)(1)(ii)(C) requires NMFS to allocate 10.7 percent of 
the TACs for Atka mackerel, AI Pacific ocean perch, yellowfin sole, 
rock sole, flathead sole, and Pacific cod to the CDQ reserves. Sections 
679.20(a)(5)(i)(A) and 679.31(a) also require allocation of 10 percent 
of the BS pollock TACs to the pollock CDQ directed fishing allowance 
(DFA). The entire Bogoslof District pollock TAC is allocated as an ICA 
pursuant to Sec.  679.20(a)(5)(ii) because the Bogoslof Area is closed 
to directed fishing for pollock by regulation (Sec.  
679.22(a)(7)(i)(B)). With the exception of the hook-and-line or pot 
gear sablefish CDQ reserve, the regulations do not further apportion 
the CDQ reserves by gear.
    Pursuant to Sec.  679.20(a)(5)(i)(A)(1), NMFS proposes a pollock 
ICA of 3.9 percent or 47,731 mt of the BS pollock TAC after subtracting 
the 10 percent CDQ reserve. This allowance is based on NMFS' 
examination of the pollock incidentally retained and discarded catch, 
including the incidental catch by CDQ vessels, in target fisheries 
other than pollock from 2000 through 2017. During this 18-year period, 
the pollock incidental catch ranged from a low of 2.4 percent in 2006 
to a high of 4.8 percent in 2014, with a 18-year average of 3.3 
percent. Pursuant to Sec. Sec.  679.20(a)(5)(iii)(B)(2)(i) and (ii), 
NMFS proposes a pollock ICA of 14 percent or 2,400 mt of the AI TAC 
after subtracting the 10-percent CDQ DFA. This allowance is based on 
NMFS' examination of the pollock incidental catch, including the 
incidental catch by CDQ vessels in target fisheries other than pollock 
from 2003 through 2017. During this 15-year period, the incidental 
catch of pollock ranged from a low of 5 percent in 2006 to a high of 17 
percent in 2014, with a 15-year average of 8 percent.
    Pursuant to Sec. Sec.  679.20(a)(8) and (10), NMFS proposes ICAs of 
4,000 mt of flathead sole, 6,000 mt of rock sole, 4,000 mt of yellowfin 
sole, 10 mt of Western Aleutian District Pacific ocean perch, 60 mt of 
Central Aleutian District Pacific ocean perch, 100 mt of Eastern 
Aleutian District Pacific ocean perch, 20

[[Page 57911]]

mt of Western Aleutian District Atka mackerel, 75 mt of Central 
Aleutian District Atka mackerel, and 800 mt of Eastern Aleutian 
District and Bering Sea subarea Atka mackerel after subtracting the 
10.7 percent CDQ reserve. These ICAs are based on NMFS' examination of 
the average incidental retained and discarded catch in other target 
fisheries from 2003 through 2017.
    The regulations do not designate the remainder of the non-specified 
reserve by species or species group. Any amount of the reserve may be 
apportioned to a target species that contributed to the non-specified 
reserve during the year, provided that such apportionments are 
consistent with Sec.  679.20(a)(3) and do not result in overfishing 
(see Sec.  679.20(b)(1)(i)).

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

    Section 679.20(a)(5)(i)(A) requires that BS pollock TAC be 
apportioned as a DFA, after subtracting 10 percent for the CDQ Program 
and 3.9 percent for the ICA, as follows: 50 percent to the inshore 
sector, 40 percent to the catcher/processor sector, and 10 percent to 
the mothership sector. In the BS, 45 percent of the DFA is allocated to 
the A season (January 20 to June 10) and 55 percent of the DFA is 
allocated to the B season (June 10 to November 1) (Sec. Sec.  
679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed pollock 
fishery allocation to the Aleut Corporation is the amount of pollock 
TAC remaining in the AI after subtracting 1,900 mt for the CDQ DFA (10 
percent), and 2,400 mt for the ICA (Sec.  679.20(a)(5)(iii)(B)(2)). In 
the AI, the total A season apportionment of the pollock TAC (including 
the AI directed fishery allocation, the CDQ allowance, and the ICA) may 
equal up to 40 percent of the ABC for AI pollock, and the remainder of 
the pollock TAC is allocated to the B season (Sec.  
679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed 2018 and 2019 
amounts.
    Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in 
the A season (January 20 to June 10) in Areas 543, 542, and 541. In 
Area 543, the A season pollock harvest limit is no more than 5 percent 
of the Aleutian Islands pollock ABC. In Area 542, the A season pollock 
harvest limit is no more than 15 percent of the Aleutian Islands 
pollock ABC. In Area 541, the A season pollock harvest limit is no more 
than 30 percent of the Aleutian Islands pollock ABC.
    Section 679.20(a)(5)(i)(A)(4) also includes several specific 
requirements regarding BS pollock allocations. First, it requires that 
8.5 percent of the pollock allocated to the catcher/processor sector be 
available for harvest by AFA catcher vessels with catcher/processor 
sector endorsements, unless the Regional Administrator receives a 
cooperative contract that allows the distribution of harvest among AFA 
catcher/processors and AFA catcher vessels in a manner agreed to by all 
members. Second, AFA catcher/processors not listed in the AFA are 
limited to harvesting not more than 0.5 percent of the pollock 
allocated to the catcher/processor sector. Table 2 lists the proposed 
2018 and 2019 allocations of pollock TAC. Tables 13 through 16 list the 
AFA catcher/processor and catcher vessel harvesting sideboard limits. 
The BS inshore pollock cooperative and open access sector allocations 
are based on the submission of AFA inshore cooperative applications due 
to NMFS on December 1 of each calendar year. Because AFA inshore 
cooperative applications for 2018 have not been submitted to NMFS, and 
NMFS therefore cannot calculate 2018 allocations, NMFS has not included 
inshore cooperative text and tables in these proposed harvest 
specifications. NMFS will post 2018 AFA inshore pollock cooperative and 
open access sector allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on 
January 1, 2018, based on the harvest specifications effective on that 
date.
    Table 2 also lists proposed seasonal apportionments of pollock and 
harvest limits within the Steller Sea Lion Conservation Area (SCA). The 
harvest of pollock within the SCA, as defined at Sec.  
679.22(a)(7)(vii), is limited to no more than 28 percent of the DFA 
before 12:00 noon, April 1, as provided in Sec.  679.20(a)(5)(i)(C). 
The A season pollock SCA harvest limit will be apportioned to each 
sector in proportion to each sector's allocated percentage of the DFA. 
Table 2 lists these proposed 2018 and 2019 amounts by sector.

  Table 2--Proposed 2018 and 2019 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ
                                      Directed Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                           A season \1\            B season \1\
                                                   2018 and 2019 -----------------------------------------------
                 Area and sector                    allocations                     SCA harvest
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC..........................       1,359,858             n/a             n/a             n/a
CDQ DFA.........................................         135,986          61,194          38,076          74,792
ICA \1\.........................................          47,731             n/a             n/a             n/a
AFA Inshore.....................................         588,071         264,632         164,660         323,439
AFA Catcher/Processors \3\......................         470,456         211,705         131,728         258,751
    Catch by C/Ps...............................         430,468         193,710             n/a         236,757
    Catch by C/Vs \3\...........................          39,989          17,995             n/a          21,994
        Unlisted C/P Limit \4\..................           2,352           1,059             n/a           1,294
AFA Motherships.................................         117,614          52,926          32,932          64,688
Excessive Harvesting Limit \5\..................         205,825             n/a             n/a             n/a
Excessive Processing Limit \6\..................         352,842             n/a             n/a             n/a
Total Bering Sea DFA (non-CDQ)..................       1,176,141         529,264         329,320         646,878
Aleutian Islands subarea ABC....................          40,788             n/a             n/a             n/a
Aleutian Islands subarea TAC....................          19,000             n/a             n/a             n/a
CDQ DFA.........................................           1,900             760             n/a           1,140
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................          14,700          14,355             n/a             345
Area harvest limit \7\..........................             n/a             n/a             n/a             n/a
Area 541 harvest limit \7\......................          12,236             n/a             n/a             n/a
Area 542 harvest limit \7\......................           6,118             n/a             n/a             n/a
Area 543 harvest limit \7\......................           2,039             n/a             n/a             n/a

[[Page 57912]]

 
Bogoslof District ICA \8\.......................             500             n/a             n/a             n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ
  DFA (10 percent) and the ICA (3.9 percent), is allocated as a DFA as follows: inshore sector-50 percent,
  catcher/processor sector(C/Ps)-40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45
  percent of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to
  the B season (June 10-November 1). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC,
  after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt), is allocated to the
  Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated up to 40
  percent of the ABC, and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(c), no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed C/Ps
  shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed CPs.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted C/Ps are limited to harvesting not more than
  0.5 percent of the C/Ps sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
  percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
  of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec.   679.22(a)(7)(i)(B), the amounts specified are for incidental catch only and are not
  apportioned by season or sector.

Allocation of the Atka Mackerel TACs

    Section 679.20(a)(8) allocates the Atka mackerel TACs to the 
Amendment 80 and BSAI trawl limited access sectors, after subtracting 
the CDQ reserves, ICAs for the BSAI trawl limited access sector and 
non-trawl gear sectors, and the jig gear allocation (Table 3). The 
percentage of the ITAC for Atka mackerel allocated to the Amendment 80 
and BSAI trawl limited access sectors is listed in Table 33 to 50 CFR 
part 679 and in Sec.  679.91. Pursuant to Sec.  679.20(a)(8)(i), up to 
2 percent of the Eastern Aleutian District and Bering Sea subarea Atka 
mackerel TAC may be allocated to vessels using jig gear. The percent of 
this allocation is recommended annually by the Council based on several 
criteria, including the anticipated harvest capacity of the jig gear 
fleet. The Council recommended, and NMFS proposes, a 0.5 percent 
allocation of the Atka mackerel TAC in the Eastern Aleutian District 
and Bering Sea subarea to jig gear in 2018 and 2019. This percentage is 
applied to the TAC after subtracting the CDQ reserve.
    Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC into 
two equal seasonal allowances. Section 679.23(e)(3) sets the first 
seasonal allowance for directed fishing with trawl gear from January 20 
through June 10 (A season), and the second seasonal allowance from June 
10 through December 31 (B season). Section 679.23(e)(4)(iii) applies 
Atka mackerel seasons to CDQ Atka mackerel fishing. The ICA and jig 
gear allocations are not apportioned by season.
    Section 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel 
catch within waters 0 nm to 20 nm of Steller sea lion sites listed in 
Table 6 to 50 CFR part 679 and located west of 178[deg] W longitude to 
no more than 60 percent of the annual TACs in Areas 542 and 543, and 
equally divides the annual TAC between the A and B seasons as defined 
at Sec.  679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires the 
annual TAC in Area 543 will be no more than 65 percent of the ABC in 
Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested 
Atka mackerel A season allowance that is added to the B season be 
prohibited from being harvested within waters 0 nm to 20 nm of Steller 
sea lion sites listed in Table 6 to 50 CFR part 679 and located in 
Areas 541, 542, and 543.
    One Amendment 80 cooperative has formed for the 2018 fishing year. 
Because all Amendment 80 vessels are part of the cooperative, no 
allocation to the Amendment 80 limited access sector is required.
    Table 3 lists the 2018 and 2019 Atka mackerel season allowances, 
area allowances, and the sector allocations. The 2019 allocations for 
Atka mackerel between Amendment 80 cooperatives and the Amendment 80 
limited access sector will not be known until eligible participants 
apply for participation in the program by November 1, 2018. NMFS will 
post 2019 Amendment 80 cooperatives and Amendment 80 limited access 
allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on 
January 1, 2019, based on the harvest specifications effective on that 
date.

   Table 3--Proposed 2018 and 2019 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch
                      Allowance, and Amendment 80 Allocations of the BSAI ATKA Mackerel TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2018 and 2019 allocation by area
                                                                 -----------------------------------------------
                                                                      Eastern
              Sector \1\                      Season 2 3 4           Aleutian         Central         Western
                                                                     District/       Aleutian        Aleutian
                                                                    Bering Sea     District \5\    District \5\
----------------------------------------------------------------------------------------------------------------
TAC...................................  n/a.....................          34,000          21,500          13,910

[[Page 57913]]

 
CDQ reserve...........................  Total...................           3,638           2,301           1,488
                                        A.......................           1,819           1,150             744
                                        Critical habitat \5\....             n/a             690             447
                                        B.......................           1,819           1,150             744
                                        Critical habitat \5\....             n/a             690             447
non-CDQ TAC...........................  n/a.....................          30,362          19,200          12,422
Jig \6\...............................  Total...................             152  ..............  ..............
ICA...................................  Total...................             800              75              20
BSAI trawl limited access.............  Total...................           2,941           1,912  ..............
                                        A.......................           1,471             956  ..............
                                        Critical habitat \5\....             n/a             574  ..............
                                        B.......................           1,471             956  ..............
                                        Critical habitat \5\....             n/a             574  ..............
Amendment 80..........................  Total...................          26,469          17,212          12,402
                                        A.......................          13,235           8,606           6,201
                                        Critical habitat \5\....             n/a           5,164           3,720
                                        B.......................          13,235           8,606           6,201
                                        Critical habitat \5\....             n/a           5,164           3,720
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, the jig gear
  allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC
  for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to part
  679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.  Sec.
   679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
  fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
  January 20 to June 10, and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
  be caught inside of Steller sea lion critical habitat; Sec.   679.20(a)(8)(ii)(C)(1)(ii) equally divides the
  annual TACs between the A and B seasons as defined at Sec.   679.23(e)(3); and Sec.   679.20(a)(8)(ii)(C)(2)
  requires the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea
  subarea TAC be allocated to jig gear after subtraction of the CDQ reserve. The amount of this allocation is
  proposed at 0.5 percent. The jig gear allocation is not apportioned by season.

Allocation of the Pacific Cod TAC

    The Council separated Bering Sea and Aleutian Islands subarea OFLs, 
ABCs, and TACs for Pacific cod in 2014 (79 FR 12108, March 4, 2014). 
Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of the BS TAC and 
the AI TAC to the CDQ Program. After CDQ allocations have been deducted 
from the respective BS and AI Pacific cod TACs, the remaining BS and AI 
Pacific cod TACs are combined for calculating further BSAI Pacific cod 
sector allocations. If the non-CDQ Pacific cod TAC is or will be 
reached in either the BS or the AI, NMFS will prohibit non-CDQ directed 
fishing for Pacific cod in that subarea, as provided in Sec.  
679.20(d)(1)(iii).
    As explained earlier in the ``Proposed ABC and TAC Harvest 
Specifications'' section, the Council recommended reduced Pacific cod 
OFL, ABC, and TAC amounts in the BS as a result of preliminary data 
indicating a decrease in biomass. For the AI, the proposed OFL, ABC, 
and TAC amounts are unchanged from those amounts implemented through 
the final 2018 harvest specifications published in February 2017. The 
proposed amounts could likely change, including a further decrease, 
once the 2017 Pacific cod stock assessment is finalized, reviewed by 
the Council's Plan Team in November, and then subsequently reviewed by 
the SSC, AP, and Council in December 2017.
    Sections 679.20(a)(7)(i) and (ii) allocate the Pacific cod TAC in 
the combined BSAI TAC, after subtracting 10.7 percent for the CDQ 
Program, as follows: 1.4 percent to vessels using jig gear, 2.0 percent 
to hook-and-line or pot catcher vessels less than 60 ft (18.3 m) length 
overall (LOA), 0.2 percent to hook-and-line catcher vessels greater 
than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line 
catcher/processors, 8.4 percent to pot catcher vessels greater than or 
equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/processors, 2.3 
percent to AFA trawl catcher/processors, 13.4 percent to the Amendment 
80 sector, and 22.1 percent to trawl catcher vessels. The BSAI ICA for 
the hook-and-line and pot sectors will be deducted from the aggregate 
portion of BSAI Pacific cod TAC allocated to the hook-and-line and pot 
sectors. For 2018 and 2019, the Regional Administrator proposes a BSAI 
ICA of 400 mt, based on anticipated incidental catch by these sectors 
in other fisheries.
    The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector 
is established in Table 33 to 50 CFR part 679 and Sec.  679.91. One 
Amendment 80 cooperative has formed for the 2018 fishing year. Because 
all Amendment 80 vessels are part of the cooperative, no allocation to 
the Amendment 80 limited access sector is required.
    The 2019 allocations for Amendment 80 species between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program by November 1, 2018. NMFS will post 2019 Amendment 80 
cooperatives and Amendment 80 limited access allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov

[[Page 57914]]

prior to the start of the fishing year on January 1, 2019, based on the 
harvest specifications effective on that date.
    The Pacific cod TAC is apportioned into seasonal allowances to 
disperse the Pacific cod fisheries over the fishing year (see 
Sec. Sec.  679.20(a)(7)(i)(B), 679.20 (a)(7)(iv)(A), and 679.23(e)(5)). 
In accordance with Sec. Sec.  679.20(a)(7)(iv)(B) and (C), any unused 
portion of a seasonal Pacific cod allowance for any sector, except the 
jig sector, will become available at the beginning of that sector's 
next seasonal allowance.
    Section 679.20(a)(7)(vii) requires the Regional Administrator to 
establish an Area 543 Pacific cod harvest limit based on Pacific cod 
abundance in Area 543. Based on the 2016 stock assessment, the Regional 
Administrator determined the Area 543 Pacific cod harvest limit to be 
26.3 percent of the AI Pacific cod TAC for 2018 and 2019. NMFS will 
first subtract the State GHL Pacific cod amount from the AI Pacific cod 
ABC. Then NMFS will determine the harvest limit in Area 543 by 
multiplying the percentage of Pacific cod estimated in Area 543 by the 
remaining ABC for AI Pacific cod. Based on these calculations, the Area 
543 harvest limit is 4,128 mt.
    Section 679.20(a)(7)(viii) requires specification of the 2018 and 
2019 Pacific cod allocations for the Aleutian Islands ICA, non-CDQ DFA, 
CV Harvest Set-Aside, and Unrestricted Fishery, as well as the Bering 
Sea Trawl CV A-Season Sector Limitation. If NMFS receives notification 
of intent to process AI Pacific cod from either the city of Adak or the 
city of Atka, the harvest limits in Table 4a will be in effect in 2018 
or 2019. Notification of intent to process AI Pacific cod must be 
postmarked by October 31 of the previous year, and submitted 
electronically to NMFS by October 31 of the previous year.
    Prior to October 31, 2017, NMFS received timely notice from the 
City of Adak indicating an intent to process AI Pacific cod in 2018. 
Accordingly, the harvest limits in Table 4a will be in effect in 2018, 
subject to the performance requirements outlined in Sec.  
679.20(a)(7)(viii).
    Section 679.20(a)(7)(viii) contains specific performance 
requirements that (1) if less than 1,000 mt of the Aleutian Islands CV 
Harvest Set-Aside is delivered to Aleutian Islands shoreplants by 
February 28 of that year, the Aleutian Islands CV Harvest Set-Aside is 
lifted and the Bering Sea Trawl CV A-Season Sector Limitation is 
suspended; and (2) if the entire Aleutian Islands CV Harvest Set-Aside 
is fully harvested and delivered to Aleutian Islands shoreplants before 
March 15 of that year, the Bering Sea Trawl CV A-Season Sector 
Limitation is suspended.
    The CDQ and non-CDQ seasonal allowances by gear based on the 
proposed 2018 and 2019 Pacific cod TACs are listed in Table 4 based on 
the sector allocation percentages of Pacific cod set forth at 
Sec. Sec.  679.20(a)(7)(i)(B) and (a)(7)(iv)(A) and the seasonal 
allowances of Pacific cod set forth at Sec.  679.23(e)(5).

                           Table 4--Proposed 2018 and 2019 Gear Shares and Seasonal Allowances of the BSAI \1\ Pacific Cod TAC
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        2018 and 2019   2018 and 2019                 2018 and 2019 seasonal apportionment
                Sector                     Percent      share of gear     share of    ------------------------------------------------------------------
                                                        sector total    sector total                         Season                           Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC.................             n/a         194,936             n/a  n/a..............................................             n/a
Bering Sea CDQ.......................             n/a          20,858             n/a  See Sec.   679.20(a)(7)(i)(B)....................             n/a
Bering Sea non-CDQ TAC...............             n/a         174,078             n/a  n/a..............................................             n/a
Total Aleutian Islands TAC...........             n/a          15,695             n/a  n/a..............................................             n/a
Aleutian Islands CDQ.................             n/a           1,679             n/a  See Sec.   679.20(a)(7)(i)(B)....................             n/a
Aleutian Islands non-CDQ TAC.........             n/a          14,016             n/a  n/a..............................................             n/a
Western Aleutians Islands Limit......             n/a           4,128             n/a  n/a..............................................             n/a
Total BSAI non-CDQ TAC \1\...........             100         188,093             n/a  n/a..............................................             n/a
Total hook-and-line/pot gear.........            60.8         114,361             n/a  n/a..............................................             n/a
Hook-and-line/pot ICA \2\............             n/a             n/a             400  n/a..............................................             n/a
Hook-and-line/pot sub-total..........             n/a         113,961             n/a  n/a..............................................             n/a
Hook-and-line catcher/processors.....            48.7             n/a          91,281  Jan 1-Jun 10.....................................          46,553
                                                                                       Jun 10-Dec 31....................................          44,728
Hook-and-line catcher vessels >=60 ft             0.2             n/a             375  Jan 1-Jun 10.....................................             191
 LOA.                                                                                  Jun 10-Dec 31....................................             184
Pot catcher/processors...............             1.5             n/a           2,812  Jan 1-Jun 10.....................................           1,434
                                                                                       Sept 1-Dec 31....................................           1,378
Pot catcher vessels >=60 ft LOA......             8.4             n/a          15,745  Jan 1-Jun 10.....................................           8,030
                                                                                       Sept-1-Dec 31....................................           7,715
Catcher vessels <60 ft LOA using hook-              2             n/a           3,749  n/a..............................................             n/a
 and-line or pot gear.
Trawl catcher vessels................            22.1          41,569             n/a  Jan 20-Apr 1.....................................          30,761
                                                                                       Apr 1-Jun 10.....................................           4,573
                                                                                       Jun 10-Nov 1.....................................           6,235
AFA trawl catcher/processors.........             2.3           4,326             n/a  Jan 20-Apr 1.....................................           3,245
                                                                                       Apr 1-Jun 10.....................................           1,082
                                                                                       Jun 10-Nov 1.....................................               0
Amendment 80.........................            13.4          25,205             n/a  Jan 20-Apr 1.....................................          18,903
                                                                                       Apr 1-Jun 10.....................................           6,301
                                                                                       Jun 10-Nov 1.....................................               0
Jig..................................             1.4           2,633             n/a  Jan 1-Apr 30.....................................           1,580
                                                                                       Apr 30-Aug 31....................................             527
                                                                                       Aug 31-Dec 31....................................             527
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The gear shares and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after subtraction of CDQ.
  If the TAC for Pacific cod in either the AI or BS is reached, then directed fishing for Pacific cod in that subarea may be prohibited, even if a BSAI
  allowance remains.

[[Page 57915]]

 
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot
  sectors. The Regional Administrator proposes an ICA of 400 mt for 2018 and 2019 based on anticipated incidental catch in these fisheries.


  Table 4a--Proposed 2018 and 2019 BSAI A-Season Pacific Cod Limits if
     Aleutian Islands Shoreplants Intend To Process Pacific Cod \1\
------------------------------------------------------------------------
  2018 and 2019 allocations under Aleutian Islands CV
                   harvest set-aside                      Amount  (mt)
------------------------------------------------------------------------
AI non-CDQ TAC........................................            14,016
AI ICA................................................             2,500
AI DFA................................................            11,516
BS non-CDQ TAC........................................           174,078
BSAI Trawl CV A-Season Allocation.....................            30,761
BSAI Trawl CV A-Season Allocation minus Sector                    25,761
 Limitation \2\.......................................
BS Trawl CV A-Season Sector Limitation................             5,000
AI CV Harvest Set-Aside...............................             5,000
AI Unrestricted Fishery...............................             6,516
------------------------------------------------------------------------
\1\ These allocations will apply in 2018 or 2019 only if NMFS receives
  notice of intent to process AI Pacific cod by October 31 of the
  previous year, pursuant to Sec.   679.20(a)(7)(viii), and if the
  performance requirements set forth in Sec.   679.20(a)(7)(viii) are
  likewise met. Prior to October 31, 2017, NMFS received timely notice
  from the City of Adak indicating an intent to process AI Pacific cod
  for the 2018 season. Accordingly, the harvest limits in Table 4a will
  be in effect in 2018, subject to the performance requirements outlined
  in Sec.   679.20(a)(7)(viii).
\2\ This is the amount of the BSAI trawl CV A season allocation that may
  be harvested in the Bering Sea prior to March 21 of that year, unless
  modified because the performance requirements were not met.

Sablefish Gear Allocation

    Sections 679.20(a)(4)(iii) and (iv) require allocation of sablefish 
TACs for the BS and AI between trawl gear and hook-and-line or pot 
gear. Gear allocations of the TACs for the BS are 50 percent for trawl 
gear and 50 percent for hook-and-line or pot gear. Gear allocations for 
the TACs for the AI are 25 percent for trawl gear and 75 percent for 
hook-and-line or pot gear. Section 679.20(b)(1)(ii)(B) requires NMFS to 
apportion 20 percent of the hook-and-line or pot gear allocation of 
sablefish to the CDQ reserve. Additionally, Sec.  
679.20(b)(1)(ii)(D)(1) requires that 7.5 percent of the trawl gear 
allocation of sablefish from the non-specified reserves, established 
under Sec.  679.20(b)(1)(i), be apportioned to the CDQ reserve. The 
Council has recommended that only trawl sablefish TAC be established 
biennially. The harvest specifications for the hook-and-line gear or 
pot gear sablefish Individual Fishing Quota (IFQ) fisheries are limited 
to the 2018 fishing year to ensure those fisheries are conducted 
concurrently with the halibut IFQ fishery. Concurrent sablefish and 
halibut IFQ fisheries reduce the potential for discards of halibut and 
sablefish in those fisheries. The sablefish IFQ fisheries remain closed 
at the beginning of each fishing year until the final harvest 
specifications for the sablefish IFQ fisheries are in effect. Table 5 
lists the proposed 2018 and 2019 gear allocations of the sablefish TAC 
and CDQ reserve amounts.

               Table 5--Proposed 2018 and 2019 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                        2018                          2019
             Subarea and gear                Percent  Share of    2018    2018 CDQ  Share of    2019    2019 CDQ
                                             of TAC      TAC    ITAC \1\   reserve     TAC      ITAC     reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl.................................        50       637       541        48       637       541        48
    Hook-and-line gear/pot \2\............        50       637       n/a       127       n/a       n/a       n/a
                                           ---------------------------------------------------------------------
        Total.............................       100     1,274       541       175       637       541        48
----------------------------------------------------------------------------------------------------------------
Aleutian Islands:
    Trawl.................................        25       434       369        33       434       369        33
    Hook-and-line gear/pot \2\............        75     1,301       n/a       260       n/a       n/a       n/a
                                           ---------------------------------------------------------------------
        Total.............................       100     1,735       369       293       434       369        33
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the non-
  specified reserve. The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
  allocated TAC is reserved for use by CDQ participants Sec.   679.20(b)(1)(ii)(B)). The Council recommended
  that specifications for the hook-and-line or pot gear sablefish IFQ fisheries be limited to one year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.


[[Page 57916]]

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

    Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI 
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin 
sole TACs between the Amendment 80 sector and the BSAI trawl limited 
access sector, after subtracting 10.7 percent for the CDQ reserve and 
an ICA for the BSAI trawl limited access sector and vessels using non-
trawl gear. The allocation of the ITAC for AI Pacific ocean perch, and 
BSAI flathead sole, rock sole, and yellowfin sole to the Amendment 80 
sector is established in Tables 33 and 34 to 50 CFR part 679 and in 
Sec.  679.91.
    One Amendment 80 cooperative has formed for the 2018 fishing year. 
Because all Amendment 80 vessels are part of the cooperative, no 
allocation to the Amendment 80 limited access sector is required.
    The 2019 allocations for Amendment 80 species between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program by November 1, 2018. NMFS will post 2019 Amendment 80 
cooperatives and Amendment 80 limited access allocations on the Alaska 
Region Web site at http://alaskafisheries.noaa.gov prior to the start 
of the fishing year on January 1, 2019, based on the harvest 
specifications effective on that date. Table 6 lists the proposed 2018 
and 2019 allocations of the AI Pacific ocean perch, and BSAI flathead 
sole, rock sole, and yellowfin sole TACs.

    Table 6--Proposed 2018 and 2019 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the
                            Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             2018 and 2019 allocations
                                                         -----------------------------------------------------------------------------------------------
                                                                        Pacific ocean perch                Flathead sole     Rock sole    Yellowfin sole
                         Sector                          -----------------------------------------------------------------------------------------------
                                                              Eastern         Central         Western
                                                             Aleutian        Aleutian        Aleutian          BSAI            BSAI            BSAI
                                                             District        District        District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................           9,900           7,500          12,000          15,500          50,100         154,000
CDQ.....................................................           1,059             803           1,284           1,659           5,361          16,478
ICA.....................................................             100              60              10           4,000           6,000           4,000
BSAI trawl limited access...............................             874             664             214               0               0          18,351
Amendment 80............................................           7,867           5,974          10,492           9,842          38,739         115,171
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Section 679.2 defines the ABC surplus for flathead sole, rock sole, 
and yellowfin sole as the difference between the annual ABC and TAC for 
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for 
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the 
ABC reserves are necessary to mitigate the operational variability, 
environmental conditions, and economic factors that may constrain the 
CDQ groups and the Amendment 80 cooperatives from achieving, on a 
continuing basis, the optimum yield in the BSAI groundfish fisheries. 
NMFS, after consultation with the Council, may set the ABC reserve at 
or below the ABC surplus for each species thus maintaining the TAC 
below ABC limits. An amount equal to 10.7 percent of the ABC reserves 
will be allocated as CDQ ABC reserves for flathead sole, rock sole, and 
yellowfin sole. The Amendment 80 ABC reserves shall be the ABC reserves 
minus the CDQ ABC reserves. Section 679.91(i)(2) establishes each 
Amendment 80 cooperative ABC reserve to be the ratio of each 
cooperatives' quota share units and the total Amendment 80 quota share 
units, multiplied by the Amendment 80 ABC reserve for each respective 
species. Table 7 lists the 2018 and 2019 ABC surplus and ABC reserves 
for BSAI flathead sole, rock sole, and yellowfin sole.

  Table 7--Proposed 2018 and 2019 ABC Surplus, Community Development Quota (CDQ) ABC Reserves, and Amendment 80
                    ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                             Sector                                Flathead sole     Rock sole    Yellowfin sole
----------------------------------------------------------------------------------------------------------------
ABC.............................................................          66,164         143,100         250,800
TAC.............................................................          15,500          50,100         154,000
ABC surplus.....................................................          50,664          93,000          96,800
ABC reserve.....................................................          50,664          93,000          96,800
CDQ ABC reserve.................................................           5,421           9,951          10,358
Amendment 80 ABC reserve........................................          45,243          83,049          86,442
----------------------------------------------------------------------------------------------------------------

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

    Sections 679.21(b), (e), (f), and (g) set forth the BSAI PSC 
limits. Pursuant to Sec.  679.21(b)(1), the 2018 and 2019 BSAI halibut 
PSC limits total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the 
halibut PSC limit as the PSQ reserve for use by the groundfish CDQ 
Program, 1,745 mt of halibut PSC limit for the Amendment 80 sector, 745 
mt of halibut PSC limit for the BSAI trawl limited access sector, and 
710 mt of halibut PSC limit for the BSAI non-trawl sector.
    Sections 679.21(b)(1)(iii)(A) and (B) authorize apportionment of 
the BSAI non-trawl halibut PSC limit into PSC allowances among six 
fishery categories, and Sec.  679.21(b)(1)(ii)(A) and (B), 
(e)(3)(i)(B), and (e)(3)(iv) require apportionment of the BSAI trawl 
limited

[[Page 57917]]

access halibut and crab PSC limits into PSC allowances among seven 
fishery categories. Table 10 lists the proposed fishery PSC allowances 
for the BSAI trawl limited access fisheries, and Table 11 lists the 
proposed fishery PSC allowances for the non-trawl fisheries.
    Pursuant to Section 3.6 of the FMP, the Council recommends, and 
NMFS proposes, that certain specified non-trawl fisheries be exempt 
from the halibut PSC limit. As in past years, after consultation with 
the Council, NMFS exempts pot gear, jig gear, and the sablefish IFQ 
hook-and-line gear fishery categories from halibut bycatch restrictions 
for the following reasons: (1) The pot gear fisheries have low halibut 
bycatch mortality; (2) NMFS estimates halibut mortality for the jig 
gear fleet to be negligible because of the small size of the fishery 
and the selectivity of the gear; and (3) the sablefish and halibut IFQ 
fisheries have low halibut bycatch mortality because the IFQ Program 
requires legal-size halibut to be retained by vessels using hook-and-
line gear if a halibut IFQ permit holder or a hired master is aboard 
and is holding unused halibut IFQ for that vessel category and the IFQ 
regulatory area in which the vessel is operating (Sec.  679.7(f)(11)).
    As of November 2017, total groundfish catch for the pot gear 
fishery in the BSAI was 42,662 mt, with an associated halibut bycatch 
mortality of 3 mt. The 2017 jig gear fishery harvested about 13 mt of 
groundfish. Most vessels in the jig gear fleet are exempt from observer 
coverage requirements. As a result, observer data are not available on 
halibut bycatch in the jig gear fishery. As mentioned above, NMFS 
estimates a negligible amount of halibut bycatch mortality because of 
the selective nature of jig gear and the low mortality rate of halibut 
caught with jig gear and released.
    Under Sec.  679.21(f)(2), NMFS annually allocates portions of 
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits 
among the AFA sectors, depending on past bycatch performance, on 
whether Chinook salmon bycatch incentive plan agreements (IPAs) are 
formed, and on whether NMFS determines it is a low Chinook salmon 
abundance year. NMFS will determine that it is a low Chinook salmon 
abundance year when abundance of Chinook salmon in western Alaska is 
less than or equal to 250,000 Chinook salmon. The State provides to 
NMFS an estimate of Chinook salmon abundance using the 3-System Index 
for western Alaska based on the Kuskokwim, Unalakleet, and Upper Yukon 
aggregate stock grouping.
    If an AFA sector participates in an approved IPA and has not 
exceeded its performance standard under Sec.  679.21(f)(6) and if it is 
not a low Chinook salmon abundance year, then NMFS will allocate a 
portion of the 60,000 Chinook salmon PSC limit to that sector as 
specified in Sec.  679.21(f)(3)(iii)(A). If no IPA is approved, or if 
the sector has exceeded its performance standard under Sec.  
679.21(f)(6), and it is not a low abundance year, NMFS will allocate a 
portion of the 47,591 Chinook salmon PSC limit to that sector as 
specified in Sec.  679.21(f)(3)(iii)(C). If an AFA sector participates 
in an approved IPA and has not exceeded its performance standard under 
Sec.  679.21(f)(6) in a low abundance year, then NMFS will allocate a 
portion of the 45,000 Chinook salmon PSC limit to that sector as 
specified in Sec.  679.21(f)(3)(iii)(B). If no IPA is approved, or if 
the sector has exceeded its performance standard under Sec.  
679.21(f)(6) in a low abundance year, NMFS will allocate a portion of 
the 33,318 Chinook salmon PSC limit to that sector as specified in 
Sec.  679.21(f)(3)(iii)(D).
    As of October 1, 2017, NMFS has determined that it is not a low 
Chinook salmon abundance year, based on the State's estimate that 
Chinook salmon abundance in western Alaska is greater than 250,000 
Chinook salmon. Therefore, in 2018, the Chinook salmon PSC limit is 
60,000 Chinook salmon, allocated to each sector as specified in Sec.  
679.21(f)(3)(iii)(A). The AFA sector Chinook salmon allocations are 
also seasonally apportioned with 70 percent of the allocation for the A 
season pollock fishery, and 30 percent of the allocation for the B 
season pollock fishery, as provided in Sec.  679.21(f)(3)(i) and Sec.  
679.23(e)(2). Additionally, in 2017, the Chinook salmon bycatch 
performance standard under Sec.  679.21(f)(6) is 47,591 Chinook salmon, 
allocated to each sector as specified in Sec.  679.21(f)(3)(iii)(C).
    The basis for these PSC limits is described in detail in the final 
rule implementing management measures for Amendment 91 (75 FR 53026, 
August 30, 2010) and Amendment 110 (81 FR 37534, June 10, 2016). NMFS 
publishes the approved IPAs, allocations, and reports at http://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
    Section 679.21(g)(2)(i) specifies 700 fish as the 2018 and 2019 
Chinook salmon PSC limit for the AI pollock fishery. Section 
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI 
PSQ reserve for the CDQ Program and allocates the remaining 647 Chinook 
salmon to the non-CDQ fisheries.
    Section 679.21(f)(14)(i) specifies 42,000 fish as the 2018 and 2019 
non-Chinook salmon PSC limit in the Catcher Vessel Operational Area 
(CVOA). Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494, 
non-Chinook salmon in the CVOA as the PSQ reserve for the CDQ Program, 
and allocates the remaining 37,506 non-Chinook salmon in the CVOA to 
the non-CDQ fisheries.
    PSC limits for crab and herring are specified annually based on 
abundance and spawning biomass. Due to the lack of new information as 
of October 2017 regarding herring PSC limits and apportionments, the 
Council recommended and NMFS proposes basing the herring 2018 and 2019 
PSC limits and apportionments on the 2016 survey data. The Council will 
reconsider these amounts in December 2017.
    Section 679.21(e)(3)(i)(A)(1) allocates 10.7 percent of each trawl 
gear PSC limit specified for crab as a PSQ reserve for use by the 
groundfish CDQ Program.
    Based on 2017 survey data, the red king crab mature female 
abundance is estimated at 18.5 million red king crabs, and the 
effective spawning biomass is estimated at 39,776 million lbs (18,042 
mt). Based on the criteria set out at Sec.  679.21(e)(1)(i), the 
proposed 2018 and 2019 PSC limit of red king crab in Zone 1 for trawl 
gear is 97,000 animals. This limit derives from the mature female 
abundance estimate of more than 8.4 million red king crab and the 
effective spawning biomass estimate of more than 14.5 million lbs 
(6,577 mt) but less than 55 million lbs (24,948 mt).
    Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which 
NMFS must specify an annual red king crab bycatch limit for the Red 
King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS 
bycatch to up to 25 percent of the red king crab PSC allowance based on 
the need to optimize the groundfish harvest relative to red king crab 
bycatch. NMFS proposes the Council's recommendation that the red king 
crab bycatch limit be equal to 25 percent of the red king crab PSC 
allowance within the RKCSS (Table 9). Based on 2017 survey data, Tanner 
crab (Chionoecetes bairdi) abundance is estimated at 344 million 
animals. Pursuant to criteria set out at Sec.  679.21(e)(1)(ii), the 
calculated 2018 and 2019 C. bairdi crab PSC limit for trawl gear is 
830,000 animals in Zone 1, and 2,520,000 animals in Zone 2. The limit 
in Zone 1 is based on the abundance of C. bairdi estimated at 344 
million animals, which is greater than

[[Page 57918]]

270 million and less than 400 million animals. The limit in Zone 2 is 
based on the abundance of C. bairdi estimated at 344 million animals, 
which is greater than 290 million animals and less than 400 million 
animals.
    Pursuant to Sec.  679.21(e)(1)(iii), the PSC limit for snow crab 
(C. opilio) is based on total abundance as indicated by the NMFS annual 
bottom trawl survey. The C. opilio crab PSC limit in the C. opilio 
bycatch limitation zone (COBLZ) is set at 0.1133 percent of the Bering 
Sea abundance index minus 150,000 crabs. Based on the 2017 survey 
estimate of 8.182 billion animals, which is above the minimum PSC limit 
of 4.5 million and below the maximum PSC limit of 13 million animals, 
the calculated C. opilio crab PSC limit is 9,120,539 animals.
    Pursuant to Sec.  679.21(e)(1)(v), the PSC limit of Pacific herring 
caught while conducting any trawl operation for BSAI groundfish is 1 
percent of the annual eastern Bering Sea herring biomass. The best 
estimate of 2018 and 2019 herring biomass is 201,278 mt. This amount 
was developed by the Alaska Department of Fish and Game based on 
biomass for spawning aggregations. Therefore, the herring PSC limit 
proposed for 2018 and 2019 is 2,013 mt for all trawl gear as listed in 
Tables 8 and 9.
    Section 679.21(e)(3)(i)(A) requires PSQ reserves to be subtracted 
from the total trawl PSC limits. The 2018 crab and halibut PSC limits 
assigned to the Amendment 80 and BSAI trawl limited access sectors are 
specified in Table 35 to 50 CFR part 679. The resulting allocations of 
PSC limits to CDQ PSQ, the Amendment 80 sector, and the BSAI trawl 
limited access sector are listed in Table 8.
    One Amendment 80 cooperative has formed for the 2018 fishing year. 
Because all Amendment 80 vessels are part of the cooperative, no 
allocation to the Amendment 80 limited access sector is required.
    The 2019 PSC limit allocations between Amendment 80 cooperatives 
and the Amendment 80 limited access sector will not be known until 
eligible participants apply for participation in the program by 
November 1, 2018. NMFS will post 2019 Amendment 80 cooperatives and 
Amendment 80 limited access allocations on the Alaska Region Web site 
at http://alaskafisheries.noaa.gov prior to the start of the fishing 
year on January 1, 2019, based on the harvest specifications effective 
on that date.
    Sections 679.21(b)(2) and (e)(5) authorize NMFS, after consulting 
with the Council, to establish seasonal apportionments of PSC amounts 
for the BSAI non-trawl, BSAI trawl limited access, and Amendment 80 
limited access sectors to maximize the ability of the fleet to harvest 
the available groundfish TAC and to minimize bycatch. The factors 
considered are (1) seasonal distribution of prohibited species, (2) 
seasonal distribution of target groundfish species relative to 
prohibited species distribution, (3) PSC bycatch needs on a seasonal 
basis relevant to prohibited species biomass and expected catches of 
target groundfish species, (4) expected variations in bycatch rates 
throughout the year, (5) expected changes in directed groundfish 
fishing seasons, (6) expected start of fishing effort, and (7) economic 
effects of seasonal PSC apportionments on industry sectors. The Council 
recommended and NMFS proposes the seasonal PSC apportionments in Tables 
10 and 11 to maximize harvest among gear types, fisheries, and seasons 
while minimizing bycatch of PSC based on the above criteria.

   Table 8--Proposed 2018 and 2019 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
                                                              Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Trawl PSC                      BSAI trawl
                PSC species and area \1\                     Total PSC     Non-trawl PSC      CDQ PSQ        remaining     Amendment 80   limited access
                                                                                            reserve \2\    after CDQ PSQ    sector \3\        fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI.............................           3,515             710             315             n/a           1,745             745
Herring (mt) BSAI.......................................           2,013             n/a             n/a             n/a             n/a             n/a
Red king crab (animals) Zone 1..........................          97,000             n/a          10,379          86,621          43,293          26,489
C. opilio (animals) COBLZ...............................       9,120,539             n/a         975,898       8,144,641       4,003,091       2,617,688
C. bairdi crab (animals) Zone 1.........................         830,000             n/a          88,810         741,190         312,115         348,285
C. bairdi crab (animals) Zone 2.........................       2,520,000             n/a         269,640       2,250,360         532,660       1,053,394
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
  other gear types or sectors.


    Table 9--Proposed 2018 and 2019 Herring and Red King Crab Savings
    Subarea Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
                                                           Red king crab
           Fishery categories              Herring (mt)   (animals) Zone
                                               BSAI              1
------------------------------------------------------------------------
Yellowfin sole..........................             100             n/a
Rock sole/flathead sole/other flatfish                43             n/a
 \1\....................................
Greenland turbot/arrowtooth flounder/                  5             n/a
 Kamchatka flounder/sablefish...........
Rockfish................................               5             n/a
Pacific cod.............................              10             n/a
Midwater trawl pollock..................           1,800             n/a
Pollock/Atka mackerel/other species 2 3.              50             n/a
Red king crab savings subarea non-                   n/a          24,250
 pelagic trawl gear \4\.................
                                         -------------------------------
    Total trawl PSC.....................           2,013          97,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
  except for halibut (a prohibited species), arrowtooth flounder,
  flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and
  yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
  ``other species'' fishery category.

[[Page 57919]]

 
\3\ ``Other species'' for PSC monitoring includes sculpins, sharks,
  skates, squids, and octopuses.
\4\ In October 2017 the Council recommended that the red king crab
  bycatch limit for non-pelagic trawl fisheries within the RKCSS be
  limited to 25 percent of the red king crab PSC allowance (see Sec.
  679.21(e)(3)(ii)(B)(2)).
Note: Species apportionments may not total precisely due to rounding.


 Table 10--Proposed 2018 and 2019 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
                                                          Prohibited species and area \1\
                                 -------------------------------------------------------------------------------
    BSAI trawl limited access         Halibut      Red king crab     C. opilio          C. bairdi (animals)
            fisheries             mortality (mt)  (animals) Zone     (animals)   -------------------------------
                                       BSAI              1             COBLZ          Zone 1          Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole..................             150          23,338       2,467,662         293,234       1,005,879
Rock sole/flathead sole/other     ..............  ..............  ..............  ..............               0
 flatfish \2\...................
Greenland turbot/arrowtooth       ..............  ..............  ..............  ..............               0
 flounder/Kamchatka flounder/
 sablefish......................
Rockfish April 15-December 31...               4  ..............           4,076  ..............             849
Pacific cod.....................             391           2,954         105,182          50,816          42,424
Pollock/Atka mackerel/other                  200             197          40,768           4,235           4,243
 species \3\....................
                                 -------------------------------------------------------------------------------
    Total BSAI trawl limited                 745          26,489       2,617,688         348,285       1,053,394
     access PSC.................
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin
  sole.
\3\ ``Other species'' for PSC monitoring includes sculpins, sharks, skates, squids, and octopuses.
Note: Species apportionments may not total precisely due to rounding.


     Table 11--Proposed 2018 and 2019 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
                                           Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
                                                            Catcher/
       Non-trawl fisheries                Seasons           processor    Catcher vessel       All non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod......................  Annual Pacific cod..             648              13  n/a.
                                   January 1-June 10...             388               9  n/a.
                                   June 10-August 15...             162               2  n/a.
                                   August 15-December                98               2  n/a.
                                    31.
Non-Pacific cod non-trawl-Total..  May 1-December 31...             n/a             n/a  49.
Groundfish pot and jig...........  n/a.................             n/a             n/a  Exempt.
Sablefish hook-and-line..........  n/a.................             n/a             n/a  Exempt.
Total for all non-trawl PSC......  n/a.................             n/a             n/a  710.
----------------------------------------------------------------------------------------------------------------

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 scientific 
information available in conjunction with the annual BSAI stock 
assessment process. The DMR methodology and findings are included as an 
appendix to the annual BSAI groundfish SAFE report.
    In 2016, the DMR estimation methodology underwent revisions per the 
Council's directive. An interagency halibut working group (IPHC, 
Council, and NMFS staff) developed improved estimation methods that 
have undergone review by the Plan Team, SSC, and the Council. A summary 
of the revised methodology is included in the BSAI proposed 2017 and 
2018 harvest specifications (81 FR 87863, December 6, 2016), and the 
comprehensive discussion of the working group's statistical methodology 
is available from the Council (see ADDRESSES). The DMR working group's 
revised methodology is intended to improve estimation accuracy, as well 
as transparency and transferability in the methodology used, for 
calculating DMRs. The working group will continue to consider 
improvements to the methodology used to calculate halibut mortality, 
including potential changes to the reference period (the period of data 
used for calculating the DMRs). Future DMRs may change based on 
additional years of observer sampling, which could provide more recent 
and accurate data and which could improve the accuracy of estimation 
and progress on methodology. The new methodology will continue to 
ensure that NMFS is using DMRs that more accurately reflect halibut 
mortality, which will inform the different sectors of their estimated 
halibut mortality and allow specific sectors to respond with methods 
that could reduce mortality and, eventually, the DMR for that sector.
    At the December 2016 meeting, the SSC, AP, and Council concurred in 
the revised DMR estimation methodology, and NMFS adopted the DMRs 
calculated under the revised methodology for the 2016 and 2017 harvest 
specifications. In October 2017,

[[Page 57920]]

the Council recommended adopting the halibut DMRs derived from the 2016 
process for the proposed 2018 and 2019 DMRs. The proposed 2018 and 2019 
DMRs maintain the new estimation method adopted in 2016 using an 
updated 3-year reference period of 2014 through 2016. The proposed DMR 
for motherships and catcher/processors using non-pelagic trawl gear 
decreased to 84 percent from 85 percent, the proposed DMR for catcher 
vessels using non-pelagic trawl gear increased to 60 percent from 52 
percent, the proposed DMR for catcher vessels using hook-and-line gear 
increased to 17 percent from 14 percent, and the proposed DMR for pot 
gear increased to 9 percent from 6 percent. Table 12 lists the proposed 
2018 and 2019 DMRs.

Table 12--Proposed 2018 and 2019 Pacific Halibut Discard Mortality Rates
                              for the BSAI
------------------------------------------------------------------------
                                                              Halibut
                                                              discard
               Gear                        Sector         mortality rate
                                                             (percent)
------------------------------------------------------------------------
Pelagic trawl.....................  All.................             100
Non-pelagic trawl.................  Mothership and                    84
                                     catcher/processor.
Non-pelagic trawl.................  Catcher vessel......              60
Hook-and-line.....................  Catcher vessel......              17
Hook-and-line.....................  Catcher/processor...               8
Pot...............................  All.................               9
------------------------------------------------------------------------

Listed AFA Catcher/Processor Sideboard Limits

    Pursuant to Sec.  679.64(a), the Regional Administrator is 
responsible for restricting the ability of listed AFA catcher/
processors to engage in directed fishing for groundfish species other 
than pollock to protect participants in other groundfish fisheries from 
adverse effects resulting from the AFA and from fishery cooperatives in 
the directed pollock fishery. These restrictions are set out as 
``sideboard'' limits on catch. The basis for these proposed sideboard 
limits is described in detail in the final rules implementing the major 
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 
(72 FR 52668, September 14, 2007). Table 13 lists the proposed 2018 and 
2019 catcher/processor sideboard limits.
    All harvest of groundfish sideboard species by listed AFA catcher/
processors, whether as targeted catch or incidental catch, will be 
deducted from the sideboard limits in Table 13. However, groundfish 
sideboard species that are delivered to listed AFA catcher/processors 
by catcher vessels will not be deducted from the 2018 and 2019 
sideboard limits for the listed AFA catcher/processors.

              Table 13--Proposed 2018 and 2019 BSAI Groundfish Sideboard Limits for Listed American Fisheries Act Catcher/Processors (C/Ps)
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             1995-1997
                                                                         ------------------------------------------------  2018 and 2019   2018 and 2019
                                                                                                             Ratio of     ITAC available      AFA C/P
             Target species                            Area                                               retained catch  to all trawl C/    sideboard
                                                                          Retained catch    Total catch       to total        Ps \1\           limit
                                                                                                               catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish trawl.........................  BS............................               8             497          0.0160             541               9
                                          AI............................  ..............             145  ..............             369  ..............
Greenland turbot........................  BS............................             121          17,305          0.0070           3,825              27
                                          AI............................              23           4,987          0.0050             106               1
Arrowtooth flounder.....................  BSAI..........................              76          33,987          0.0020          11,900              24
Kamchatka flounder......................  BSAI..........................              76          33,987          0.0020           4,250               9
Rock sole...............................  BSAI..........................           6,317         169,362          0.0370          44,739           1,655
Flathead sole...........................  BSAI..........................           1,925          52,755          0.0360          13,842             498
Alaska plaice...........................  BSAI..........................              14           9,438          0.0010          11,050              11
Other flatfish..........................  BSAI..........................           3,058          52,298          0.0580           2,125             123
Pacific ocean perch.....................  BS............................              12           4,879          0.0020           9,350              19
                                          Eastern AI....................             125           6,179          0.0200           8,841             177
                                          Central AI....................               3           5,698          0.0010           6,698               7
                                          Western AI....................              54          13,598          0.0040          10,716              43
Northern rockfish.......................  BSAI..........................              91          13,040          0.0070           4,250              30
Rougheye rockfish.......................  EBS/EAI.......................              50           2,811          0.0180              85               2
                                          CAI/WAI.......................              50           2,811          0.0180             106               2
Shortraker rockfish.....................  BSAI..........................              50           2,811          0.0180             106               2
Other rockfish..........................  BS............................              18             621          0.0290             276               8
                                          AI............................              22             806          0.0270             468              13
Atka mackerel...........................  Central AI....................             n/a             n/a          0.1150          19,200           2,208
                                          A season \2\..................             n/a             n/a          0.1150           9,600           1,104
                                          B season \2\..................             n/a             n/a          0.1150           9,600           1,104
                                          Western AI....................             n/a             n/a          0.2000          12,422           2,484
                                          A season \2\..................             n/a             n/a          0.2000           6,211           1,242
                                          B season \2\..................             n/a             n/a          0.2000           6,211           1,242
Skates..................................  BSAI..........................             553          68,672          0.0080          22,100             177
Sculpins................................  BSAI..........................             553          68,672          0.0080           3,825              31
Sharks..................................  BSAI..........................             553          68,672          0.0080             106               1

[[Page 57921]]

 
Squids..................................  BSAI..........................              73           3,328          0.0220           1,141              25
Octopuses...............................  BSAI..........................             553          68,672          0.0080             340               3
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of the
  TAC after the subtraction of the CDQ reserve under Sec.   679.20(b)(1)(ii)(C).
\2\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA
  catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual ITAC
  specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
Note: Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2018 and 2019 aggregate ITAC of yellowfin
  sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.

    Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679 
establish a formula for calculating PSC sideboard limits for halibut 
and crab caught by listed AFA catcher/processors. The basis for these 
sideboard limits is described in detail in the final rules implementing 
the major provisions of the AFA (67 FR 79692, December 30, 2002) and 
Amendment 80 (72 FR 52668, September 14, 2007).
    PSC species listed in Table 14 that are caught by listed AFA 
catcher/processors participating in any groundfish fishery other than 
pollock will accrue against the proposed 2018 and 2019 PSC sideboard 
limits for the listed AFA catcher/processors. Sections 
679.21(b)(4)(iii), (e)(7), and (e)(3)(v) authorize NMFS to close 
directed fishing for groundfish other than pollock for listed AFA 
catcher/processors once a proposed 2018 or 2019 PSC sideboard limit 
listed in Table 14 is reached.
    Pursuant to Sec.  679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or 
crab PSC caught by listed AFA catcher/processors while fishing for 
pollock will accrue against the PSC allowances annually specified for 
the pollock/Atka mackerel/``other species'' fishery categories, 
according to Sec.  679.21(b)(1)(ii)(B) and (e)(3)(iv).

   Table 14--Proposed 2018 and 2019 BSAI Prohibited Species Sideboard Limits for American Fisheries Act Listed
                                               Catcher/Processors
----------------------------------------------------------------------------------------------------------------
                                                                            Proposed 2018 and
                                                                                 2019 PSC
                                                                               available to    Proposed 2018 and
                PSC species and area \1\                  Ratio of PSC to     trawl vessels         2019 C/P
                                                             total PSC            after         sideboard limit
                                                                              subtraction of          \2\
                                                                                 PSQ \2\
----------------------------------------------------------------------------------------------------------------
BSAI Halibut mortality.................................                n/a                n/a                286
Red king crab Zone 1...................................              0.007             86,621                606
C. opilio (COBLZ)......................................              0.153          8,144,641          1,246,130
C. bairdi Zone 1.......................................              0.140            741,190            103,767
C. bairdi Zone 2.......................................              0.050          2,250,360            112,518
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA Catcher Vessel Sideboard Limits

    Pursuant to Sec.  679.64(b), the Regional Administrator is 
responsible for restricting the ability of AFA catcher vessels to 
engage in directed fishing for groundfish species other than pollock to 
protect participants in other groundfish fisheries from adverse effects 
resulting from the AFA and from fishery cooperatives in the directed 
pollock fishery. Section 679.64(b)(3) and (b)(4) establish formulas for 
setting AFA catcher vessel groundfish and PSC sideboard limits for the 
BSAI. The basis for these sideboard limits is described in detail in 
the final rules implementing the major provisions of the AFA (67 FR 
79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 
2007). Tables 15 and 16 list the proposed 2018 and 2019 AFA catcher 
vessel sideboard limits.
    All catch of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or as incidental catch, will 
be deducted from the 2018 and 2019 sideboard limits listed in Table 15.

[[Page 57922]]



  Table 15--Proposed 2018 and 2019 BSAI Groundfish Sideboard Limits for American Fisheries Act Catcher Vessels
                                                      (CVs)
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                                   2018 and 2019
                                                                  Ratio of 1995-   2018 and 2019    AFA catcher
                Species                   Fishery by area/gear/     1997 AFA CV     initial TAC       vessel
                                                 season           catch to 1995-        \1\          sideboard
                                                                     1997 TAC                         limits
----------------------------------------------------------------------------------------------------------------
Pacific cod...........................  BSAI....................             n/a             n/a             n/a
                                        Jig gear................  ..............           2,633  ..............
                                        Hook-and-line CV >60 ft              n/a             n/a             n/a
                                         LOA.
                                        Jan 1-Jun 10............          0.0006             191               0
                                        Jun 10-Dec 31...........          0.0006             184               0
                                        Pot gear CV >60 ft LOA..             n/a             n/a             n/a
                                        Jan 1-Jun 10............          0.0006           8,030               5
                                        Sept 1-Dec 31...........          0.0006           7,715               5
                                        CV <60 ft LOA using hook-         0.0006           3,749               2
                                         and-line or pot gear.
                                        Trawl gear CV...........             n/a             n/a             n/a
                                        Jan 20-Apr 1............          0.8609          30,761          26,482
                                        Apr 1-un 10.............          0.8609           4,573           3,937
                                        Jun 10-Nov 1............          0.8609           6,235           5,368
Sablefish.............................  BS trawl gear...........          0.0906             541              49
                                        AI trawl gear...........          0.0645             369              24
Greenland turbot......................  BS......................          0.0645           3,719             240
                                        AI......................          0.0205             106               2
Arrowtooth flounder...................  BSAI....................          0.0690          11,900             821
Kamchatka flounder....................  BSAI....................          0.0690           4,250             293
Rock sole.............................  BSAI....................          0.0341          44,739           1,526
Flathead sole.........................  BS trawl gear...........          0.0505          13,842             699
Alaska plaice.........................  BSAI....................          0.0441          11,050             487
Other flatfish........................  BSAI....................          0.0441           2,125              94
Pacific ocean perch...................  BS......................          0.1000           9,350             935
                                        Eastern AI..............          0.0077           8,841              68
                                        Central AI..............          0.0025           6,698              17
                                        Western AI..............  ..............          10,716  ..............
Northern rockfish.....................  BSAI....................          0.0084           4,250              36
Rougheye rockfish.....................  EBS/EAI.................          0.0037              85               0
                                        CAI/WAI.................          0.0037             106               0
Shortraker rockfish...................  BSAI....................          0.0037             106               0
Other rockfish........................  BS......................          0.0048             276               1
                                        AI......................          0.0095             468               4
Atka mackerel.........................  Eastern AI/BS...........             n/a          30,362             n/a
                                        Jan 1-Jun 10............          0.0032          15,181              49
                                        Jun 10-Nov 1............          0.0032          15,181              49
                                        Central AI..............             n/a          19,200             n/a
                                        Jan 1-Jun 10............          0.0001           9,600               1
                                        Jun 10-Nov 1............          0.0001           9,600               1
                                        Western AI..............             n/a          12,422             n/a
                                        Jan 1-Jun 10............  ..............           6,211  ..............
                                        Jun 10-Nov 1............  ..............           6,211  ..............
Skates................................  BSAI....................          0.0541          22,100           1,196
Sculpins..............................  BSAI....................          0.0541           3,825             207
Sharks................................  BSAI....................          0.0541             106               6
Squids................................  BSAI....................          0.3827           1,141             437
Octopuses.............................  BSAI....................          0.0541             340              18
----------------------------------------------------------------------------------------------------------------
\1\ Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole
  are multiplied by the remainder of the TAC of that species after the subtraction of the CDQ reserve under Sec.
    679.20(b)(1)(ii)(C).
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2018
  and 2019 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access
  sector is greater than 125,000 mt.

    Halibut and crab PSC limits listed in Table 16 that are caught by 
AFA catcher vessels participating in any groundfish fishery other than 
pollock will accrue against the 2018 and 2019 PSC sideboard limits for 
the AFA catcher vessels. Section 679.21(b)(4)(iii), (e)(7), and 
(e)(3)(v) authorize NMFS to close directed fishing for groundfish other 
than pollock for AFA catcher vessels once a proposed 2018 and 2019 PSC 
sideboard limit listed in Table 16 is reached. Pursuant to Sec.  
679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC caught by 
AFA catcher vessels while fishing for pollock in the BS will accrue 
against the bycatch allowances annually specified for the pollock/Atka 
mackerel/``other species'' fishery categories under Sec.  
679.21(b)(1)(ii)(B) and (e)(3)(iv).

[[Page 57923]]



Table 16--Proposed 2018 and 2019 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
                                                for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
                                                                                   Proposed 2018
                                                                    AFA catcher    and 2019 PSC    Proposed 2018
                                        Target fishery  category    vessel PSC      limit after    and 2019 AFA
       PSC species and area \1\                    \2\               sideboard    subtraction of  catcher vessel
                                                                    limit ratio    PSQ reserves    PSC sideboard
                                                                                        \3\          limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut...............................  Pacific cod trawl.......             n/a             n/a             887
                                        Pacific cod hook-and-                n/a             n/a               2
                                         line or pot.
                                        Yellowfin sole total....             n/a             n/a             101
                                        Rock sole/flathead sole/             n/a             n/a             228
                                         other flatfish.\4\.
                                        Greenland turbot/                    n/a             n/a
                                         arrowtooth flounder/
                                         Kamchatka flounder/
                                         sablefish.
                                        Rockfish................             n/a             n/a               2
                                        Pollock/Atka mackerel/               n/a             n/a               5
                                         other species.\5\.
Red king crab Zone 1..................  n/a.....................          0.2990          86,621          25,900
C. opilio COBLZ.......................  n/a.....................          0.1680       8,144,641       1,368,300
C. bairdi Zone 1......................  n/a.....................          0.3300         741,190         244,593
C. bairdi Zone 2......................  n/a.....................          0.1860       2,250,360         418,567
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Target fishery categories are defined at Sec.   679.21(b)(1)(ii)(B).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), arrowtooth flounder, Kamchatka flounder, flathead sole, Greenland turbot, rock sole, and yellowfin
  sole.
\5\ ``Other species'' for PSC monitoring includes skates, sculpins, sharks, and octopuses.

Classification

    NMFS has determined that the proposed harvest specifications are 
consistent with the FMP and preliminarily determined that the proposed 
harvest specifications are consistent with the Magnuson-Stevens Act and 
other applicable laws, and subject to further review after public 
comment.
    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866.
    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 
evaluates the impacts on small entities of alternative harvest 
strategies for the groundfish fisheries in the exclusive economic zone 
off Alaska. As described in the methodology, TACs are set to a level 
that falls within the range of ABCs recommended by the SSC; the sum of 
the TACs must achieve OY specified in the FMP. While the specific 
numbers that the methodology may produce vary from year to year, the 
methodology itself remains constant.
    A description of the proposed action, why it is being considered, 
and the legal basis for this proposed action are contained in the 
preamble above. A copy of the IRFA is available from NMFS (see 
ADDRESSES). A summary of the IRFA follows.
    The action under consideration is a harvest strategy to govern the 
catch of groundfish in the BSAI. The preferred alternative is the 
existing harvest strategy in which TACs fall within the range of ABCs 
recommended by the SSC, but, as discussed below, NMFS considered other 
alternatives. This action is taken in accordance with the FMP prepared 
by the Council pursuant to the Magnuson-Stevens Act.
    The entities directly regulated by this action are those that 
harvest groundfish in the exclusive economic zone of the BSAI and in 
parallel fisheries within State waters. These include entities 
operating catcher vessels and catcher/processors within the action area 
and entities receiving direct allocations of groundfish.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual gross receipts not in excess of $11 million for all its 
affiliated operations worldwide.
    The estimated number of directly regulated small entities in 2016 
include approximately 119 catcher vessels, five catcher/processors, and 
six CDQ groups. Some of these vessels are members of AFA inshore 
pollock cooperatives, Gulf of Alaska rockfish cooperatives, or BSAI 
Crab Rationalization Program cooperatives, and, since under the RFA the 
aggregate gross receipts of all participating members of the 
cooperative must meet the ``under $11 million'' threshold, the 
cooperatives are considered to be large entities within the meaning of 
the RFA. Thus, the estimate of 119 catcher vessels may be an 
overstatement of the number of small entities. Average gross revenues 
were $690,000 for small hook-and-line vessels, $1.25 million for small 
pot vessels, and $3.44 million for small trawl vessels. The average 
gross revenue for catcher/processor hook and line vessels was $2.90 
million. The revenue data for other catcher/processor's data are not 
reported, due to confidentiality considerations.
    The preferred alternative (Alternative 2) was compared to four 
other alternatives. Alternative 1 would have set TACs to generate 
fishing rates equal

[[Page 57924]]

to the maximum permissible ABC (if the full TAC were harvested), unless 
the sum of TACs exceeded the BSAI OY, in which case TACs would have 
been limited to the OY. Alternative 3 would have set TACs to produce 
fishing rates equal to the most recent 5-year average fishing rates. 
Alternative 4 would have set TACs equal to the lower limit of the BSAI 
OY range. Alternative 5, the ``no action'' alternative, would have set 
TACs equal to zero.
    The TACs associated with Alternative 2, the preferred harvest 
strategy, are those adopted by the Council in October 2017. OFLs and 
ABCs for the species were based on recommendations prepared by the 
Council's BSAI Groundfish Plan Team in September 2017, and reviewed and 
modified by the Council's SSC in October 2017. The Council based its 
TAC recommendations on those of its AP, which were consistent with the 
SSC's OFL and ABC recommendations.
    Alternative 1 selects harvest rates that would allow fishermen to 
harvest stocks at the level of ABCs, unless total harvests were 
constrained by the upper bound of the BSAI OY of two million mt. As 
shown in Table 1 of the preamble, the sum of ABCs in 2018 and 2019 
would be about 4,214,648 mt, which falls above the upper bound of the 
OY range. Under Alternative 1, the sum of TACs is equal to the sum of 
ABCs. In this instance, Alternative 1 is consistent with the preferred 
alternative (Alternative 2), meets the objectives of that action, and 
has small entity impacts that are equivalent to small entity impacts of 
the preferred alternative. However, NMFS cannot set TACs equal to the 
sum of ABCs in the BSAI due to the constraining OY limit of 2.0 million 
mt, which Alternative 1 would exceed.
    Alternative 3 selects harvest rates based on the most recent 5 
years of harvest rates (for species in Tiers 1 through 3) or based on 
the most recent 5 years of harvests (for species in Tiers 4 through 6). 
This alternative is inconsistent with the objectives of this action (as 
reflected in Alternative 2, the Council's preferred harvest strategy) 
because it does not take account of the most recent biological 
information for this fishery. NMFS annually conducts at-sea stock 
surveys for different species, as well as statistical modeling, to 
estimate stock sizes and permissible harvest levels. Actual harvest 
rates or harvest amounts are a component of these estimates, but in and 
of themselves may not accurately portray stock sizes and conditions. 
Harvest rates are listed for each species category for each year in the 
SAFE report (see ADDRESSES).
    Alternative 4 would lead to significantly lower harvests of all 
species and reduce TACs from the upper end of the OY range in the BSAI, 
to its lower end of 1.4 million mt. Overall, this would reduce 2018 
TACs by about 30 percent, which would lead to significant reductions in 
harvests of species by small entities. While reductions of this size 
would alter the supply, and, therefore, would be associated with 
offsetting price increases, the size of these associated price 
increases is uncertain. While production declines in the BSAI would 
undoubtedly be associated with price increases in the BSAI, these 
increases would be constrained by production of substitutes, and are 
unlikely to completely offset revenue declines resulting from 
reductions in harvests of these species by small entities. Thus, this 
alternative action would have a detrimental impact on small entities.
    Alternative 5, which sets all harvests equal to zero, would have a 
significant adverse impact on small entities and would be contrary to 
the requirement for achieving OY on a continuing basis, as mandated by 
the Magnuson-Stevens Act.
    The proposed harvest specifications (Alternative 2) extend the 
current 2018 OFLs, ABCs, and TACs to 2018 and 2019, with the exceptions 
for decreases of Pacific cod OFL, ABC, and TAC in the BS and related 
increases in Atka mackerel, Pacific ocean perch, pollock, and rock sole 
TAC amounts. As noted in the IRFA, the Council may modify these OFLs, 
ABCs, and TACs in December 2017, when it reviews the November 2017 SAFE 
report from its groundfish Plan Team, and the reports of the SSC and AP 
at the December Council meeting. Because most of the TACs in the 
proposed 2018 and 2019 harvest specifications are unchanged from the 
2018 harvest specification TACs, with the exception of modifications 
for TACs for five species, and because the sum of all TACs remains 
within the upper limit of OY for the BSAI of 2.0 million mt, NMFS does 
not expect adverse impacts on small entities. Also, NMFS does not 
expect any changes made by the Council in December 2017 to be large 
enough to have an impact on small entities.
    This action does not modify recordkeeping or reporting 
requirements, or duplicate, overlap, or conflict with any Federal 
rules.
    Adverse impacts on marine mammals resulting from fishing activities 
conducted under these harvest specifications are discussed in the Final 
EIS (see ADDRESSES), and in the 2017 SIR (https://alaskafisheries.noaa.gov/sites/default/files/sir-2017-18.pdf).

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

    Dated: December 4, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2017-26477 Filed 12-6-17; 4:15 pm]
BILLING CODE 3510-22-P



                                                  57906                   Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules

                                                  child interactions and classroom                        improvement over time with an                         consequences of removing the lowest 10
                                                  processes in three broad domains that                   approach that would be more                           percent condition and whether an
                                                  support children’s learning and                         transparent, timely, and less                         absolute threshold could influence
                                                  development: Emotional Support,                         burdensome for programs.                              scores. We are particularly interested in
                                                  Classroom Organization, and                                To inform our development of a                     recommendations related to how the
                                                  Instructional Support.                                  notice of proposed rulemaking to                      Secretary would consider establishing
                                                                                                          change the DRS CLASS condition to                     the minimum threshold for Instructional
                                                  Changes to CLASS Condition Under                        meet the objectives described above, we
                                                  Consideration                                                                                                 Support each year. For example, the
                                                                                                          are requesting public comments on                     regulation could establish an initial
                                                     Since HHS established the DRS, all                   several specific changes being                        Instructional Support threshold (e.g., 2.3
                                                  grantees that had indefinite project                    considered. The changes under                         or 2.5) that could be raised in
                                                  periods have completed the DRS                          consideration are as follows:                         increments of 0.1 based on certain
                                                  process. Based on CLASS data,                              1. Remove the ‘‘lowest 10 percent’’                criteria related to the available CLASS
                                                  observations collected throughout these                 provision of the CLASS condition                      data from all prior years of Head Start
                                                  cohorts, results of a recent evaluation,                described in 45 CFR 1304.11(c)(2).                    monitoring, or the threshold could be
                                                  and feedback from the community, we                        2. Increase the minimum threshold                  set one standard deviation below the
                                                  are considering changes to the CLASS                    described in 45 CFR 1304.11(c)(1)(i) for              mean Instructional Support score over
                                                  condition of the DRS in order to better                 the Emotional Support domain from 4 to                the 3 or 5 previous fiscal years. We are
                                                  improve implementation of the system.                   5.                                                    interested in other ideas of ways the
                                                  There are concerns about some aspects                      3. Increase the minimum threshold                  Instructional Support threshold could
                                                  of the CLASS condition of the DRS that                  described in 45 CFR 1304.11(c)(1)(ii) for             be set and/or adjusted that would
                                                  have been raised by Head Start grantees                 Classroom Organization from 3 to 5.                   incentivize program improvement while
                                                  as well as in the recent evaluation. First,                4. Remove the minimum threshold for
                                                                                                                                                                acknowledging the current state of the
                                                  the requirement for grantees with the                   the Instructional Support domain
                                                                                                                                                                field. We are also interested in feedback
                                                  lowest 10 percent of scores on any of the               described in 45 CFR 1304.11(c)(1)(iii)
                                                                                                                                                                on another potential change to establish
                                                  three CLASS domains to compete may                      and instead provide authority for the
                                                                                                                                                                or maintain a minimum absolute
                                                  not be optimally targeting the grantees                 Secretary to set an absolute minimum
                                                                                                                                                                threshold (such as a 2) that would
                                                  for competition with the lowest                         threshold for the Instructional Support
                                                                                                                                                                require competition and a higher
                                                  measures of classroom quality. For                      domain, considering the most recent
                                                                                                                                                                threshold (such as 2.5 or 3) and require
                                                  example, grantees have been required to                 CLASS data, by August 1 of each year
                                                                                                                                                                grantees to focus on quality
                                                  compete due to an Emotional Support                     to be used for CLASS Reviews
                                                                                                                                                                improvement before they were
                                                  score of 5.69, which is very close to the               conducted in the following fiscal year
                                                                                                                                                                reevaluated to see if their Instructional
                                                  Standard of Excellence (a 6—which                       (October 1 through September 30).
                                                                                                             Together, these changes would allow                Support score has improved. Only
                                                  developers of the CLASS deem the
                                                                                                          grantees to know by August 1, before                  grantees without improvement or still
                                                  highest quality), while grantees very
                                                                                                          CLASS Reviews are conducted for the                   below the threshold would then have to
                                                  close to the minimum threshold in
                                                                                                          coming fiscal year, the exact threshold               compete. We are interested in feedback
                                                  Instructional Support (e.g., score of 2.3)
                                                                                                          of classroom quality in each of the three             on each of these possible approaches as
                                                  do not have to compete. We are
                                                                                                          domains that will be used to determine                well as others suggested by the field.
                                                  considering an approach to establish
                                                  higher specific thresholds that                         which grantees will be subject to an                     If commenters do not support the
                                                  demonstrate an established acceptable                   open competition for funding and                      changes being considered, comments
                                                  level of quality in Emotional Support                   which grantees will receive renewed                   offering alternative proposals to the
                                                  and Classroom Organization and an                       funding non-competitively. Grantees                   CLASS condition or to other conditions
                                                  adjustable threshold for the                            would no longer have to wait until                    of the DRS would be particularly
                                                  Instructional Support domain where                      several months following the conclusion               helpful.
                                                  there is the greatest potential and need                of the CLASS reviews for the fiscal year               Dated: December 5, 2017.
                                                  for program improvement.                                (September 30) to learn the lowest 10                 Ann Linehan,
                                                     Second, we understand that the delay                 percent cutoff in each of the 3 domains.              Acting Director, Office of Head Start.
                                                  between completion of the CLASS                         Setting minimum thresholds of 5 in the                [FR Doc. 2017–26483 Filed 12–7–17; 8:45 am]
                                                  review and grantees knowing their DRS                   Emotional Support and Classroom                       BILLING CODE 4184–01–P
                                                  designation status, due to the need to                  Organization domains would set a clear
                                                  collect and analyze a full monitoring                   and consistent expectation of quality for
                                                  year’s CLASS scores to determine the                    all Head Start programs. Allowing the
                                                  lowest 10 percent, creates uncertainty,                                                                       DEPARTMENT OF COMMERCE
                                                                                                          Secretary to set the minimum threshold
                                                  stress, and concern among grantees,                     in the Instructional Support domain                   National Oceanic and Atmospheric
                                                  grantee staff, and families. Because                    prior to the start of each program year               Administration
                                                  classroom quality in Head Start                         and monitoring year would allow for
                                                  programs is improving, as demonstrated                  consideration of the most recent CLASS                50 CFR Part 679
                                                  by recent analysis of data from the 2006,               data for Head Start grantees while still
                                                  2009, and 2014 cohorts of the Head Start                supporting continuous quality                         [Docket No. 170817779–7779–01]
                                                  Family and Child Experiences Survey
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                                                                                                          improvement across the program as a                   RIN 0648–XF636
                                                  (FACES),1 we are exploring options for                  whole.
                                                  the CLASS condition that would better
                                                                                                          What We Are Looking for in Public                     Fisheries of the Exclusive Economic
                                                  balance an ability to drive quality
                                                                                                          Comments                                              Zone Off Alaska; Bering Sea and
                                                                                                                                                                Aleutian Islands; 2018 and 2019
                                                    1 Aikens, N., Bush, C., Gleason, P., Malone, L., &
                                                                                                            We invite comments about the                        Harvest Specifications for Groundfish
                                                  Tarullo, L. (2016). Tracking Quality in Head Start      specific changes being considered for
                                                  Classrooms: FACES 2006 to FACES 2014.
                                                  Washington, DC: U.S. Department of Health and           the DRS CLASS condition. We also                      AGENCY:  National Marine Fisheries
                                                  Human Services.                                         invite comments about any unintended                  Service (NMFS), National Oceanic and


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                                                                         Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules                                          57907

                                                  Atmospheric Administration (NOAA),                      Assessment and Fishery Evaluation                     Supplemental EIS (see ADDRESSES), and
                                                  Commerce.                                               (SAFE) report for the groundfish                      (4) considering information presented in
                                                  ACTION: Proposed rule; request for                      resources of the BSAI, dated November                 the final 2017 SAFE reports prepared for
                                                  comments.                                               2016, is available from the North Pacific             the 2018 and 2019 groundfish fisheries.
                                                                                                          Fishery Management Council (Council)
                                                  SUMMARY:    NMFS proposes 2018 and                                                                            Other Actions Affecting the 2018 and
                                                                                                          at 605 West 4th Avenue, Suite 306,
                                                  2019 harvest specifications,                                                                                  2019 Harvest Specifications
                                                                                                          Anchorage, AK 99501–2252, phone
                                                  apportionments, and prohibited species                  907–271–2809, or from the Council’s                   Amendment 117: Reclassify Squid as an
                                                  catch allowances for the groundfish                     Web site at http://www.npfmc.org/. The                Ecosystem Species
                                                  fisheries of the Bering Sea and Aleutian                draft 2017 SAFE report for the BSAI is                   In June 2017, the Council
                                                  Islands (BSAI) management area. This                    available from the same source.                       recommended for Secretarial review
                                                  action is necessary to establish harvest                FOR FURTHER INFORMATION CONTACT:                      Amendment 117 to the FMP.
                                                  limits for groundfish during the 2018                   Steve Whitney, 907–586–7228.                          Amendment 117 would reclassify squid
                                                  and 2019 fishing years, and to                          SUPPLEMENTARY INFORMATION: Federal                    in the FMP as an ‘‘Ecosystem
                                                  accomplish the goals and objectives of                  regulations at 50 CFR part 679                        Component’’ species, which is a
                                                  the Fishery Management Plan for                         implement the Fishery Management                      category of non-target species that are
                                                  Groundfish of the Bering Sea and                        Plan for Groundfish of the Bering Sea                 not in need of conservation and
                                                  Aleutian Islands Management Area. The                   and Aleutian Islands Management Area                  management. Currently, NMFS annually
                                                  intended effect of this action is to                    (FMP) and govern the groundfish                       sets an Overfishing Level (OFL), ABC,
                                                  conserve and manage the groundfish                      fisheries in the BSAI. The Council                    and TAC for squid in the BSAI
                                                  resources in the BSAI in accordance                     prepared the FMP, and NMFS approved                   groundfish harvest specifications. Under
                                                  with the Magnuson-Stevens Fishery                       it, under the Magnuson-Stevens Fishery                Amendment 117, OFL, ABC, and TAC
                                                  Conservation and Management Act.                        Conservation and Management Act                       specifications would no longer be
                                                  DATES: Comments must be received by                     (Magnuson-Stevens Act). General                       required. Proposed regulations to
                                                  January 8, 2018.                                        regulations governing U.S. fisheries also             implement Amendment 117 would
                                                  ADDRESSES: Submit your comments,                        appear at 50 CFR part 600.                            prohibit directed fishing for squid,
                                                  identified by NOAA–NMFS–2017–0108,                         The FMP and its implementing                       require recordkeeping and reporting to
                                                  by either of the following methods:                     regulations require NMFS, after                       monitor and report catch of squid
                                                     • Federal e-Rulemaking Portal: Go to                 consultation with the Council, to                     species annually, and establish a squid
                                                  www.regulations.gov/                                    specify annually the total allowable                  maximum retainable amount when
                                                  #!docketDetail;D=NOAA-NMFS-2017-                        catch (TAC) for each target species                   directed fishing for groundfish species
                                                  0108, click the ‘‘Comment Now!’’ icon,                  category. The sum of TACs for all                     at 20 percent to discourage retention,
                                                  complete the required fields, and enter                 groundfish species in the BSAI must be                while allowing flexibility to prosecute
                                                  or attach your comments.                                within the optimum yield (OY) range of                groundfish fisheries. Further details will
                                                     • Mail: Submit written comments to                   1.4 million to 2.0 million metric tons                be available on publication of the
                                                  Glenn Merrill, Assistant Regional                       (mt) (see § 679.20(a)(1)(i)(A)). Section              proposed rule for Amendment 117. If
                                                  Administrator, Sustainable Fisheries                    679.20(c)(1) further requires NMFS to                 Amendment 117 and its implementing
                                                  Division, Alaska Region NMFS, Attn:                     publish proposed harvest specifications               regulations are approved by the
                                                  Ellen Sebastian. Mail comments to P.O.                  in the Federal Register and solicit                   Secretary of Commerce, Amendment
                                                  Box 21668, Juneau, AK 99802–1668.                       public comments on proposed annual                    117 and its implementing regulations
                                                     Instructions: NMFS may not consider                  TACs and apportionments thereof,                      are anticipated to be effective by 2019.
                                                  comments if they are sent by any other                  prohibited species catch (PSC)                        Until Amendment 117 is effective,
                                                  method, to any other address or                         allowances, prohibited species quota                  NMFS will continue to publish OFLs,
                                                  individual, or received after the                       (PSQ) reserves established by § 679.21,               ABCs, and TACs for squid in the BSAI
                                                  comment period ends. All comments                       seasonal allowances of pollock, Pacific               groundfish harvest specifications.
                                                  received are a part of the public record,               cod, and Atka mackerel TAC, American
                                                  and NMFS will post the comments for                     Fisheries Act allocations, Amendment                  Alaska Guideline Harvest Levels
                                                  public viewing on www.regulations.gov                   80 allocations, Community                                The Alaska Board of Fisheries (BOF),
                                                  without change. All personal identifying                Development Quota (CDQ) reserve                       a regulatory body for the Alaska
                                                  information (e.g., name, address),                      amounts established by                                Department of Fish and Game,
                                                  confidential business information, or                   § 679.20(b)(1)(ii), and acceptable                    established a guideline harvest level
                                                  otherwise sensitive information                         biological catch (ABC) surpluses and                  (GHL) in State of Alaska (State) waters
                                                  submitted voluntarily by the sender is                  reserves for CDQ groups and                           between 164 and 167 degrees west
                                                  publicly accessible. NMFS will accept                   Amendment 80 cooperatives for                         longitude in the Bering Sea subarea (BS)
                                                  anonymous comments (enter ‘‘N/A’’ in                    flathead sole, rock sole, and yellowfin               equal to 6.4 percent of the Pacific cod
                                                  the required fields if you wish to remain               sole. The proposed harvest                            ABC for the BS. The Council
                                                  anonymous).                                             specifications set forth in Tables 1                  recommends that the proposed 2018
                                                     Electronic copies of the Alaska                      through 16 of this action satisfy these               and 2019 Pacific cod TACs
                                                  Groundfish Harvest Specifications Final                 requirements.                                         accommodate the State’s GHLs for
                                                  Environmental Impact Statement (Final                      Under § 679.20(c)(3), NMFS will                    Pacific cod in State waters in the BS.
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                                                  EIS), Record of Decision (ROD),                         publish the final harvest specifications              The Council and its BSAI Groundfish
                                                  Supplementary Information Report (SIR)                  for 2018 and 2019 after (1) considering               Plan Team (Plan Team), Scientific and
                                                  to the EIS, and the Initial Regulatory                  comments received within the comment                  Statistical Committee (SSC), and
                                                  Flexibility Analysis (IRFA) prepared for                period (see DATES), (2) consulting with               Advisory Panel (AP) recommended that
                                                  this action may be obtained from http://                the Council at its December 2017                      the sum of all State and Federal water
                                                  www.regulations.gov or from the Alaska                  meeting, (3) considering information                  Pacific cod removals from the BS not
                                                  Region Web site at http://alaska                        presented in the SIR to the EIS that                  exceed the proposed ABC
                                                  fisheries.noaa.gov. The final 2016 Stock                assesses the need to prepare a                        recommendations of 208,265 mt.


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                                                  57908                  Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules

                                                  Accordingly, the Council recommends                     biomass and abundance has decreased                   2017 SSC and AP meetings, and
                                                  the proposed 2018 and 2019 Pacific cod                  significantly since the 2016 BSAI                     relevant written comments in making its
                                                  TACs in the BS to account for State                     bottom trawl survey. This decrease is                 recommendations for the final 2018 and
                                                  GHLs.                                                   corroborated by additional data sets that             2019 harvest specifications.
                                                     For 2018 and 2019, the BOF                           appear to support the trawl survey                       In previous years, the OFLs and ABCs
                                                  established a GHL in State waters in the                results associated with a decrease in the             that have had the most significant
                                                  Aleutian Islands subarea (AI) equal to                  Pacific cod biomass. This information                 changes (relative to the amount of
                                                  27 percent of the Pacific cod ABC for                   led to the recommended reduction in                   assessed tonnage of fish) from the
                                                  the AI. The Council recommends that                     the proposed 2018 and 2019 Pacific cod                proposed to the final harvest
                                                  the proposed 2018 and 2019 Pacific cod                  OFL and ABC. The SSC opted to                         specifications have been for OFLs and
                                                  TACs accommodate the State’s GHLs for                   recommend a proposed 2018 OFL and                     ABCs that are based on the most recent
                                                  Pacific cod in State waters in the AI.                  ABC based on the average of the current               NMFS stock surveys, which provide
                                                  The Council and its Plan Team, SSC,                     2018 OFL and ABC amounts and                          updated estimates of stock biomass and
                                                  and AP recommended that the sum of                      preliminary Tier 5 OFL and ABC                        spatial distribution, and changes to the
                                                  all State and Federal water Pacific cod                 amounts provided by the Pacific cod                   models used in the stock assessments.
                                                  removals from the AI not exceed the                     stock assessment author. This                         Any changes will be recommended by
                                                  proposed ABC recommendations of                         precautionary approach provides a                     the Plan Team in November 2017 and
                                                  21,500 mt. Accordingly, the Council                     strong indication of decreases in the                 then included in the final 2017 SAFE
                                                  recommends that the proposed 2018                       OFL and ABC amounts for the final                     report. The final 2017 SAFE report will
                                                  and 2019 Pacific cod TACs in the AI                     harvest specifications. However, this                 include the most recent information,
                                                  account for State GHLs.                                 was a temporary approach used only for                such as catch data.
                                                                                                          these proposed specifications, and                       The final harvest specification
                                                  Proposed ABC and TAC Harvest                                                                                  amounts for these stocks are not
                                                  Specifications                                          Pacific cod remains in Tier 3a. The SSC
                                                                                                          also strongly noted that the final 2018               expected to vary greatly from the
                                                    At the October 2017 Council meeting,                  and 2019 harvest specifications for                   proposed harvest specification amounts
                                                  the SSC, AP, and Council reviewed the                   Pacific cod could be even lower than                  published here, except that Pacific cod
                                                  most recent biological and harvest                      those recommended in the proposed                     harvest amounts could change and even
                                                  information on the condition of the                     2018 and 2019 harvest specifications                  decrease further, which could impact
                                                  BSAI groundfish stocks. The Plan Team                   once the stock assessment process has                 other TAC amounts in order to achieve
                                                  compiled and presented this                             been completed and reviewed by                        OY, as explained earlier in this
                                                  information, which was initially                        December 2017.                                        preamble. If the final 2017 SAFE report
                                                  compiled by the Plan Team and                              The proposed Pacific cod OFL, ABC,                 indicates that the stock biomass trend is
                                                  presented in the final 2016 SAFE report                 and TAC amounts likely will further                   increasing for a species, then the final
                                                  for the BSAI groundfish fisheries, dated                change once the Pacific cod stock                     2018 and 2019 harvest specifications
                                                  November 2016 (see ADDRESSES).                          assessment is finalized, reviewed by the              may reflect an increase from the
                                                    The Council recommends and NMFS                       Council’s groundfish Plan Team in                     proposed harvest specifications.
                                                  proposes a reduction in the Pacific cod                 November, and then subsequently                       Conversely, if the final 2017 SAFE
                                                  OFL, ABC, and TAC levels as compared                    reviewed by the SSC, AP, and Council                  report indicates that the stock biomass
                                                  to those levels implemented for Pacific                 in December 2017. The proposed                        trend is decreasing for a species, then
                                                  cod in the 2017 and 2018 final BSAI                     reductions to Pacific cod OFL, ABC, and               the final 2018 and 2019 harvest
                                                  groundfish harvest specifications                       TAC amounts apply in the BS, while for                specifications may reflect a decrease
                                                  published in February 2017 (82 FR                       the AI, the proposed OFL, ABC, and                    from the proposed harvest
                                                  11826, February 27, 2017). The only                     TAC amounts are unchanged from the                    specifications. In addition to changes
                                                  changes to the proposed 2018 and 2019                   final 2018 amounts. The Council                       driven by biomass trends, there may be
                                                  harvest specifications from the final                   increased the proposed TACs of Atka                   changes in TACs due to the sum of
                                                  2018 harvest specifications are                         mackerel, Pacific ocean perch, pollock,               ABCs exceeding 2 million mt. Since the
                                                  associated with a decrease in Pacific cod               and rock sole to match the decrease of                regulations require TACs to be set to an
                                                  OFL, ABC, and TAC in the BS and                         Pacific cod TAC in the BS, and these                  OY between 1.4 and 2 million mt, the
                                                  increases in pollock TAC amounts in                     TACs could also change in the final                   Council may be required to recommend
                                                  the BS, Atka mackerel, Pacific ocean                    specifications based on the final Pacific             TACs that are lower than the ABCs
                                                  perch, and rock sole TAC amounts in                     cod harvest amounts.                                  recommended by the Plan Team and the
                                                  the BSAI. The net increases of TAC                         The amounts proposed for the 2018                  SSC, if setting TACs equal to ABCs
                                                  equal the decrease of Pacific cod TAC,                  and 2019 harvest specifications are                   would cause total TACs to exceed an
                                                  and leave the sum of the TACs equal to                  based on the 2016 SAFE report, and                    OY of 2 million mt. Generally, total
                                                  2.0 million mt. The Council concurred                   initial survey data, and are subject to               ABCs greatly exceed 2 million mt in
                                                  with its SSC’s recommendation to                        change in the final harvest                           years with a large pollock biomass.
                                                  reduce the Pacific cod OFL and ABC, as                  specifications to be published by NMFS                NMFS anticipates that, both for 2018
                                                  well as its AP’s recommendation for a                   following the Council’s December 2017                 and 2019, the sum of the ABCs will
                                                  corresponding reduction in the Pacific                  meeting. In November 2017, the Plan                   exceed 2 million mt. NMFS expects that
                                                  cod TAC. The reductions to the Pacific                  Team will update the 2016 SAFE report                 the final total TAC for the BSAI for both
                                                  cod OFL, ABC, and TAC are the result                    to include new information collected                  2018 and 2019 will equal 2 million mt
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                                                  of preliminary 2017 BSAI bottom trawl                   during 2017, such as NMFS stock                       each year.
                                                  survey data, as well as other data, that                surveys, revised stock assessments, and                  The proposed OFLs, ABCs, and TACs
                                                  recently became available to stock                      catch data. At its December 2017                      are based on the best available
                                                  assessment scientists.                                  meeting, the Council will consider                    biological and socioeconomic data,
                                                    Based on the results of the 2017 BSAI                 information contained in the final 2017               including projected biomass trends,
                                                  bottom trawl survey estimates and                       SAFE report, recommendations from the                 information on assumed distribution of
                                                  preliminary modeling for the Pacific cod                November 2017 Plan Team meeting,                      stock biomass, and revised technical
                                                  stock assessment, the Pacific cod                       public testimony from the December                    methods used to calculate stock


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                                                                                 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules                                                         57909

                                                  biomass. In general, the development of                                 than the specified OFLs. The sum of the                amounts. TACs are set so that the sum
                                                  ABCs and OFLs involves statistical                                      proposed 2018 and 2019 ABCs for all                    of the overall TAC does not exceed the
                                                  modeling of fish populations. The FMP                                   assessed groundfish is 4,167,913 mt,                   BSAI OY.
                                                  specifies a series of six tiers to define                               which is less than the final 2018 ABC                     The proposed groundfish OFLs,
                                                  OFLs and ABCs based on the level of                                     total in the final 2017 and 2018 BSAI                  ABCs, and TACs are subject to change
                                                  reliable information available to fishery                               harvest specifications to account for the              pending the completion of the final
                                                  scientists. Tier 1 represents the highest                               decrease in BS Pacific cod ABC (82 FR
                                                                                                                                                                                 2017 SAFE report and the Council’s
                                                  level of information quality available,                                 11826, February 27, 2017). The sum of
                                                                                                                                                                                 recommendations for final 2018 and
                                                  while Tier 6 represents the lowest.                                     TACs is the same as the final 2018 TAC
                                                     In October 2017, the SSC adopted the                                                                                        2019 harvest specifications during its
                                                                                                                          total in the final 2017 and 2018 BSAI
                                                  proposed 2018 and 2019 OFLs and                                         harvest specifications, but the proposed               December 2017 meeting. These
                                                  ABCs recommended by the Plan Team                                       harvest specifications reflect the                     proposed amounts are consistent with
                                                  for all groundfish species, with the                                    decrease in the BS Pacific cod TAC                     the biological condition of groundfish
                                                  exception of the decreases for Pacific                                  amount and the corresponding increases                 stocks as described in the 2016 SAFE
                                                  cod OFL and ABC in the BS. The                                          in Atka mackerel, Pacific ocean perch,                 report, and have been adjusted for other
                                                  Council adopted the SSC’s OFL and                                       pollock, and rock sole TAC amounts.                    biological and socioeconomic
                                                  ABC recommendations. These amounts                                                                                             considerations. Pursuant to Section
                                                  are unchanged from the final 2018                                       Specification and Apportionment of                     3.2.3.4.1 of the FMP, the Council could
                                                  harvest specifications published in the                                 TAC Amounts                                            recommend adjusting the TACs if
                                                  Federal Register on February 27, 2017                                     The Council recommended proposed                     ‘‘warranted on the basis of bycatch
                                                  (82 FR 11826), with the exception of the                                TACs for 2018 and 2019 Bering Sea and                  considerations, management
                                                  decreases for BS Pacific cod OFL, ABC,                                  Eastern Aleutian Islands Atka mackerel                 uncertainty, or socioeconomic
                                                  and TAC and the related increases for                                   that are equal to the proposed ABCs.                   considerations; or if required in order to
                                                  Atka mackerel, Pacific ocean perch,                                     The Council recommended proposed                       cause the sum of the TACs to fall within
                                                  pollock, and rock sole TAC amounts.                                     TACs less than the respective proposed                 the OY range.’’ Table 1 lists the
                                                  The Council adopted the AP’s TAC                                        ABCs for all other TACs. Section                       proposed 2018 and 2019 OFL, ABC,
                                                  recommendations. For 2018 and 2019,                                     679.20(a)(5)(iii)(B)(1) requires the AI                TAC, initial TAC (ITAC), and CDQ
                                                  the Council recommended and NMFS                                        pollock TAC to be set at 19,000 mt when                amounts for groundfish for the BSAI.
                                                  proposes the OFLs, ABCs, and TACs                                       the AI pollock ABC equals or exceeds                   The proposed apportionment of TAC
                                                  listed in Table 1. The proposed ABCs                                    19,000 mt. The Bogoslof pollock TAC is                 amounts among fisheries and seasons is
                                                  reflect harvest amounts that are less                                   set to accommodate incidental catch                    discussed below.

                                                        TABLE 1—PROPOSED 2018 AND 2019 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL
                                                         ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI 1
                                                                                                                                       [Amounts are in metric tons]

                                                                                                                                                                          Proposed 2018 and 2019
                                                                          Species                                        Area
                                                                                                                                              OFL                   ABC            TAC             ITAC 2           CDQ 3 4

                                                  Pollock 4 ...................................................   BS ..................       4,360,000             2,979,000      1,359,858       1,223,872              135,986
                                                                                                                  AI ...................         49,291                40,788         19,000          17,100                  1,900
                                                                                                                  Bogoslof .........            130,428                97,428            500             500   ........................
                                                  Pacific cod 5 .............................................     BS ..................         258,687               208,265        194,936         174,078                20,858
                                                                                                                  AI ...................         28,700                21,500         15,695          14,016                  1,679
                                                  Sablefish ..................................................    BS ..................           1,519                 1,291          1,274             541                     175
                                                                                                                  AI ...................          2,072                 1,758          1,735             369                     293
                                                  Yellowfin sole ...........................................      BSAI ...............          276,000               250,800        154,000         137,522                16,478
                                                  Greenland turbot ......................................         BSAI ...............           12,831                10,864          4,500           3,825                      n/a
                                                                                                                  BS ..................              n/a                9,484          4,375           3,719                     468
                                                                                                                  AI ...................             n/a                1,380            125             106   ........................
                                                  Arrowtooth flounder .................................           BSAI ...............           67,023                58,633         14,000          11,900                  1,498
                                                  Kamchatka flounder .................................            BSAI ...............           10,700                 9,200          5,000           4,250   ........................
                                                  Rock sole 6 ...............................................     BSAI ...............          147,300               143,100         50,100          44,739                  5,361
                                                  Flathead sole 7 .........................................       BSAI ...............           79,136                66,164         15,500          13,842                  1,659
                                                  Alaska plaice ...........................................       BSAI ...............           36,900                32,100         13,000          11,050   ........................
                                                  Other flatfish 8 ..........................................     BSAI ...............           17,591                13,193          2,500           2,125   ........................
                                                  Pacific Ocean perch ................................            BSAI ...............           51,950                42,735         40,400          35,604                      n/a
                                                                                                                  BS ..................              n/a               11,924         11,000           9,350   ........................
                                                                                                                  EAI .................              n/a               10,074          9,900           8,841                  1,059
                                                                                                                  CAI .................              n/a                7,828          7,500           6,698                     803
                                                                                                                  WAI ................               n/a               12,909         12,000          10,716                  1,284
                                                  Northern rockfish .....................................         BSAI ...............           15,854                12,947          5,000           4,250   ........................
                                                  Blackspotted and Rougheye rockfish 10 ..                        BSAI ...............              750                   614            225             191   ........................
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                                                                                                                  EBS/EAI .........                  n/a                  374            100              85   ........................
                                                                                                                  CAI/WAI .........                  n/a                  240            125             106   ........................
                                                  Shortraker rockfish ...................................         BSAI ...............              666                   499            125             106   ........................
                                                  Other rockfish 10 .......................................       BSAI ...............            1,816                 1,362            875             744   ........................
                                                                                                                  BS ..................              n/a                  791            325             276   ........................
                                                                                                                  AI ...................             n/a                  571            550             468   ........................
                                                  Atka mackerel ..........................................        BSAI ...............           99,900                85,000         69,410          61,983                  7,427
                                                                                                                  EAI/BS ...........                 n/a               34,000         34,000          30,362                  3,638
                                                                                                                  CAI .................              n/a               29,600         21,500          19,200                  2,301



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                                                  57910                          Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules

                                                   TABLE 1—PROPOSED 2018 AND 2019 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL AL-
                                                      LOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI 1—
                                                      Continued
                                                                                                                                         [Amounts are in metric tons]

                                                                                                                                                                            Proposed 2018 and 2019
                                                                          Species                                        Area
                                                                                                                                                OFL                   ABC            TAC             ITAC 2           CDQ 3 4

                                                                                                                  WAI ................                 n/a              21,400          13,910          12,422                  1,488
                                                  Skates ......................................................   BSAI ...............             46,583               39,008          26,000          22,100   ........................
                                                  Sculpins ...................................................    BSAI ...............             56,582               42,387           4,500           3,825   ........................
                                                  Sharks ......................................................   BSAI ...............                689                  517             125             106   ........................
                                                  Squids ......................................................   BSAI ...............              6,912                5,184           1,342           1,141   ........................
                                                  Octopuses ................................................      BSAI ...............              4,769                3,576             400             340   ........................

                                                        TOTAL ..............................................      ........................      5,764,649             4,167,913      2,000,000       1,790,119              196,927
                                                     1 These   amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of
                                                  these harvest specifications, the BS includes the Bogoslof District.
                                                     2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line or pot gear, and the Amendment 80 species (Atka mackerel,
                                                  Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 15 percent of each TAC is put into a reserve. The
                                                  ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the
                                                  non-CDQ allocation of TAC.
                                                     3 For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific
                                                  cod), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish
                                                  TAC is allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC is allocated to trawl gear, and 10.7 percent of the TACs for
                                                  Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(B) and (D)). The 2018
                                                  hook-and-line or pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2018 and 2019 harvest specifica-
                                                  tions. Aleutian Islands Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish,
                                                  shortraker rockfish, blackspotted and rougheye rockfish, ‘‘other rockfish,’’ squids, octopuses, skates, sculpins, and sharks are not allocated to the
                                                  CDQ Program.
                                                     4 Under § 679.20(a)(5)(i)(A)(1), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and sec-
                                                  ond for the incidental catch allowance (3.9 percent), is further allocated by sector for a pollock directed fishery as follows: inshore—50 percent;
                                                  catcher/processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2), the annual AI subarea pollock TAC, after sub-
                                                  tracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,400 mt), is allocated to the
                                                  Aleut Corporation for a directed pollock fishery.
                                                     5 The BS Pacific cod TAC is set less than 6.4 percent of the BS ABC to account for the State’s guideline harvest level in State waters of the
                                                  BS. The AI Pacific cod TAC is set less than 27 percent of the AI ABC to account for the State guideline harvest level in State waters of the AI.
                                                     6 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
                                                     7 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
                                                     8 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole,
                                                  arrowtooth flounder, Kamchatka flounder, and Alaska plaice.
                                                     9 ‘‘Blackspotted and Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
                                                     10 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rock-
                                                  fish.
                                                     Note: Regulatory areas and districts are defined at § 679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea sub-
                                                  area, AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district.)


                                                  Groundfish Reserves and the Incidental                                  and Pacific cod to the CDQ reserves.                     incidental catch ranged from a low of
                                                  Catch Allowance (ICA) for Pollock, Atka                                 Sections 679.20(a)(5)(i)(A) and 679.31(a)                2.4 percent in 2006 to a high of 4.8
                                                  Mackerel, Flathead Sole, Rock Sole,                                     also require allocation of 10 percent of                 percent in 2014, with a 18-year average
                                                  Yellowfin Sole, and AI Pacific Ocean                                    the BS pollock TACs to the pollock CDQ                   of 3.3 percent. Pursuant to
                                                  Perch                                                                   directed fishing allowance (DFA). The                    §§ 679.20(a)(5)(iii)(B)(2)(i) and (ii),
                                                                                                                          entire Bogoslof District pollock TAC is                  NMFS proposes a pollock ICA of 14
                                                     Section 679.20(b)(1)(i) requires NMFS                                allocated as an ICA pursuant to                          percent or 2,400 mt of the AI TAC after
                                                  to reserve 15 percent of the TAC for                                    § 679.20(a)(5)(ii) because the Bogoslof                  subtracting the 10-percent CDQ DFA.
                                                  each target species category, except for                                Area is closed to directed fishing for                   This allowance is based on NMFS’
                                                  pollock, hook-and-line and pot gear                                     pollock by regulation                                    examination of the pollock incidental
                                                  allocation of sablefish, and Amendment                                  (§ 679.22(a)(7)(i)(B)). With the exception               catch, including the incidental catch by
                                                  80 species, in a non-specified reserve.                                 of the hook-and-line or pot gear                         CDQ vessels in target fisheries other
                                                  Section 679.20(b)(1)(ii)(B) requires                                    sablefish CDQ reserve, the regulations                   than pollock from 2003 through 2017.
                                                  NMFS to allocate 20 percent of the                                      do not further apportion the CDQ                         During this 15-year period, the
                                                  hook-and-line or pot gear allocation of                                 reserves by gear.                                        incidental catch of pollock ranged from
                                                  sablefish to the fixed gear sablefish CDQ                                  Pursuant to § 679.20(a)(5)(i)(A)(1),                  a low of 5 percent in 2006 to a high of
                                                  reserve. Section 679.20(b)(1)(ii)(D)                                    NMFS proposes a pollock ICA of 3.9                       17 percent in 2014, with a 15-year
                                                  requires NMFS to allocate 7.5 percent of                                percent or 47,731 mt of the BS pollock                   average of 8 percent.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  the trawl gear allocation of sablefish and                              TAC after subtracting the 10 percent                        Pursuant to §§ 679.20(a)(8) and (10),
                                                  10.7 percent of Bering Sea Greenland                                    CDQ reserve. This allowance is based on                  NMFS proposes ICAs of 4,000 mt of
                                                  turbot and arrowtooth flounder TACs to                                  NMFS’ examination of the pollock                         flathead sole, 6,000 mt of rock sole,
                                                  the respective CDQ reserves. Section                                    incidentally retained and discarded                      4,000 mt of yellowfin sole, 10 mt of
                                                  679.20(b)(1)(ii)(C) requires NMFS to                                    catch, including the incidental catch by                 Western Aleutian District Pacific ocean
                                                  allocate 10.7 percent of the TACs for                                   CDQ vessels, in target fisheries other                   perch, 60 mt of Central Aleutian District
                                                  Atka mackerel, AI Pacific ocean perch,                                  than pollock from 2000 through 2017.                     Pacific ocean perch, 100 mt of Eastern
                                                  yellowfin sole, rock sole, flathead sole,                               During this 18-year period, the pollock                  Aleutian District Pacific ocean perch, 20


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                                                                                  Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules                                                                      57911

                                                  mt of Western Aleutian District Atka                                         subtracting 1,900 mt for the CDQ DFA                              percent of the pollock allocated to the
                                                  mackerel, 75 mt of Central Aleutian                                          (10 percent), and 2,400 mt for the ICA                            catcher/processor sector. Table 2 lists
                                                  District Atka mackerel, and 800 mt of                                        (§ 679.20(a)(5)(iii)(B)(2)). In the AI, the                       the proposed 2018 and 2019 allocations
                                                  Eastern Aleutian District and Bering Sea                                     total A season apportionment of the                               of pollock TAC. Tables 13 through 16
                                                  subarea Atka mackerel after subtracting                                      pollock TAC (including the AI directed                            list the AFA catcher/processor and
                                                  the 10.7 percent CDQ reserve. These                                          fishery allocation, the CDQ allowance,                            catcher vessel harvesting sideboard
                                                  ICAs are based on NMFS’ examination                                          and the ICA) may equal up to 40 percent                           limits. The BS inshore pollock
                                                  of the average incidental retained and                                       of the ABC for AI pollock, and the                                cooperative and open access sector
                                                  discarded catch in other target fisheries                                    remainder of the pollock TAC is                                   allocations are based on the submission
                                                  from 2003 through 2017.                                                      allocated to the B season                                         of AFA inshore cooperative applications
                                                     The regulations do not designate the                                      (§ 679.20(a)(5)(iii)(B)(3)). Table 2 lists                        due to NMFS on December 1 of each
                                                  remainder of the non-specified reserve                                       these proposed 2018 and 2019 amounts.                             calendar year. Because AFA inshore
                                                  by species or species group. Any                                                Section 679.20(a)(5)(iii)(B)(6) sets                           cooperative applications for 2018 have
                                                  amount of the reserve may be                                                 harvest limits for pollock in the A                               not been submitted to NMFS, and
                                                  apportioned to a target species that                                         season (January 20 to June 10) in Areas                           NMFS therefore cannot calculate 2018
                                                  contributed to the non-specified reserve                                     543, 542, and 541. In Area 543, the A                             allocations, NMFS has not included
                                                  during the year, provided that such                                          season pollock harvest limit is no more                           inshore cooperative text and tables in
                                                  apportionments are consistent with                                           than 5 percent of the Aleutian Islands                            these proposed harvest specifications.
                                                  § 679.20(a)(3) and do not result in                                          pollock ABC. In Area 542, the A season                            NMFS will post 2018 AFA inshore
                                                  overfishing (see § 679.20(b)(1)(i)).                                         pollock harvest limit is no more than 15                          pollock cooperative and open access
                                                                                                                               percent of the Aleutian Islands pollock                           sector allocations on the Alaska Region
                                                  Allocations of Pollock TAC Under the                                         ABC. In Area 541, the A season pollock                            Web site at http://alaska
                                                  American Fisheries Act (AFA)                                                 harvest limit is no more than 30 percent                          fisheries.noaa.gov prior to the start of
                                                     Section 679.20(a)(5)(i)(A) requires that                                  of the Aleutian Islands pollock ABC.                              the fishing year on January 1, 2018,
                                                  BS pollock TAC be apportioned as a                                              Section 679.20(a)(5)(i)(A)(4) also                             based on the harvest specifications
                                                  DFA, after subtracting 10 percent for the                                    includes several specific requirements                            effective on that date.
                                                  CDQ Program and 3.9 percent for the                                          regarding BS pollock allocations. First,                             Table 2 also lists proposed seasonal
                                                  ICA, as follows: 50 percent to the                                           it requires that 8.5 percent of the                               apportionments of pollock and harvest
                                                  inshore sector, 40 percent to the                                            pollock allocated to the catcher/                                 limits within the Steller Sea Lion
                                                  catcher/processor sector, and 10 percent                                     processor sector be available for harvest                         Conservation Area (SCA). The harvest of
                                                  to the mothership sector. In the BS, 45                                      by AFA catcher vessels with catcher/                              pollock within the SCA, as defined at
                                                  percent of the DFA is allocated to the A                                     processor sector endorsements, unless                             § 679.22(a)(7)(vii), is limited to no more
                                                  season (January 20 to June 10) and 55                                        the Regional Administrator receives a                             than 28 percent of the DFA before 12:00
                                                  percent of the DFA is allocated to the B                                     cooperative contract that allows the                              noon, April 1, as provided in
                                                  season (June 10 to November 1)                                               distribution of harvest among AFA                                 § 679.20(a)(5)(i)(C). The A season
                                                  (§§ 679.20(a)(5)(i)(B)(1) and                                                catcher/processors and AFA catcher                                pollock SCA harvest limit will be
                                                  679.23(e)(2)). The AI directed pollock                                       vessels in a manner agreed to by all                              apportioned to each sector in proportion
                                                  fishery allocation to the Aleut                                              members. Second, AFA catcher/                                     to each sector’s allocated percentage of
                                                  Corporation is the amount of pollock                                         processors not listed in the AFA are                              the DFA. Table 2 lists these proposed
                                                  TAC remaining in the AI after                                                limited to harvesting not more than 0.5                           2018 and 2019 amounts by sector.

                                                    TABLE 2—PROPOSED 2018 AND 2019 ALLOCATIONS OF POLLOCK TACs TO THE DIRECTED POLLOCK FISHERIES AND TO
                                                                               THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1
                                                                                                                                             [Amounts are in metric tons]

                                                                                                                                                                                                         A season 1                B season 1
                                                                                                                                                                            2018 and
                                                                                                Area and sector                                                                2019
                                                                                                                                                                            allocations                           SCA harvest
                                                                                                                                                                                               A season DFA                       B season DFA
                                                                                                                                                                                                                    limit 2

                                                  Bering Sea subarea TAC ................................................................................                         1,359,858              n/a                n/a             n/a
                                                  CDQ DFA .........................................................................................................                 135,986          61,194             38,076          74,792
                                                  ICA 1 .................................................................................................................            47,731              n/a                n/a             n/a
                                                  AFA Inshore .....................................................................................................                 588,071         264,632            164,660         323,439
                                                  AFA Catcher/Processors 3 ...............................................................................                          470,456         211,705            131,728         258,751
                                                      Catch by C/Ps ..........................................................................................                      430,468         193,710                 n/a        236,757
                                                      Catch by C/Vs 3 ........................................................................................                       39,989          17,995                n/a          21,994
                                                             Unlisted C/P Limit 4 ............................................................................                        2,352           1,059                 n/a          1,294
                                                  AFA Motherships .............................................................................................                     117,614          52,926             32,932          64,688
                                                  Excessive Harvesting Limit 5 ............................................................................                         205,825              n/a                n/a             n/a
                                                  Excessive Processing Limit 6 ...........................................................................                          352,842              n/a                n/a             n/a
                                                  Total Bering Sea DFA (non-CDQ) ...................................................................                              1,176,141         529,264            329,320         646,878
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                                                  Aleutian Islands subarea ABC .........................................................................                             40,788              n/a                n/a             n/a
                                                  Aleutian Islands subarea TAC .........................................................................                             19,000              n/a                n/a             n/a
                                                  CDQ DFA .........................................................................................................                   1,900             760                 n/a          1,140
                                                  ICA ...................................................................................................................             2,400           1,200                 n/a          1,200
                                                  Aleut Corporation .............................................................................................                    14,700          14,355                 n/a            345
                                                  Area harvest limit 7 ...........................................................................................                       n/a             n/a                n/a             n/a
                                                  Area 541 harvest limit 7 ....................................................................................                      12,236              n/a                n/a             n/a
                                                  Area 542 harvest limit 7 ....................................................................................                       6,118              n/a                n/a             n/a
                                                  Area 543 harvest limit 7 ....................................................................................                       2,039              n/a                n/a             n/a



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                                                  57912                          Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules

                                                    TABLE 2—PROPOSED 2018 AND 2019 ALLOCATIONS OF POLLOCK TACs TO THE DIRECTED POLLOCK FISHERIES AND TO
                                                                         THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
                                                                                                                                          [Amounts are in metric tons]

                                                                                                                                                                                                              A season 1                   B season 1
                                                                                                                                                                            2018 and
                                                                                               Area and sector                                                                 2019                                   SCA harvest
                                                                                                                                                                            allocations            A season DFA         limit 2
                                                                                                                                                                                                                                          B season DFA

                                                  Bogoslof District ICA 8 ......................................................................................                          500                  n/a                  n/a                  n/a
                                                     1 Pursuant  to § 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (3.9
                                                  percent), is allocated as a DFA as follows: inshore sector–50 percent, catcher/processor sector(C/Ps)–40 percent, and mothership sector—10
                                                  percent. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allo-
                                                  cated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the CDQ
                                                  DFA (10 percent) and second for the ICA (2,400 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A
                                                  season is allocated up to 40 percent of the ABC, and the B season is allocated the remainder of the directed pollock fishery.
                                                     2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(c), no more than 28 percent of each sector’s annual DFA may be taken from the
                                                  SCA before noon, April 1.
                                                     3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed C/Ps shall be available for harvest only by eligible
                                                  catcher vessels (CVs) delivering to listed CPs.
                                                     4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted C/Ps are limited to harvesting not more than 0.5 percent of the C/Ps sector’s alloca-
                                                  tion of pollock.
                                                     5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
                                                  pollock DFAs.
                                                     6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
                                                  pollock DFAs.
                                                     7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 no more than 30 percent, in
                                                  Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC.
                                                     8 Pursuant to § 679.22(a)(7)(i)(B), the amounts specified are for incidental catch only and are not apportioned by season or sector.




                                                  Allocation of the Atka Mackerel TACs                                        Section 679.20(a)(8)(ii)(A) apportions                                 season be prohibited from being
                                                                                                                           the Atka mackerel TAC into two equal                                      harvested within waters 0 nm to 20 nm
                                                     Section 679.20(a)(8) allocates the Atka                               seasonal allowances. Section                                              of Steller sea lion sites listed in Table
                                                  mackerel TACs to the Amendment 80                                        679.23(e)(3) sets the first seasonal                                      6 to 50 CFR part 679 and located in
                                                  and BSAI trawl limited access sectors,                                   allowance for directed fishing with                                       Areas 541, 542, and 543.
                                                  after subtracting the CDQ reserves, ICAs                                 trawl gear from January 20 through June                                      One Amendment 80 cooperative has
                                                  for the BSAI trawl limited access sector                                 10 (A season), and the second seasonal                                    formed for the 2018 fishing year.
                                                  and non-trawl gear sectors, and the jig                                  allowance from June 10 through                                            Because all Amendment 80 vessels are
                                                  gear allocation (Table 3). The percentage                                December 31 (B season). Section
                                                                                                                                                                                                     part of the cooperative, no allocation to
                                                  of the ITAC for Atka mackerel allocated                                  679.23(e)(4)(iii) applies Atka mackerel
                                                                                                                                                                                                     the Amendment 80 limited access sector
                                                  to the Amendment 80 and BSAI trawl                                       seasons to CDQ Atka mackerel fishing.
                                                                                                                                                                                                     is required.
                                                  limited access sectors is listed in Table                                The ICA and jig gear allocations are not
                                                  33 to 50 CFR part 679 and in § 679.91.                                   apportioned by season.                                                       Table 3 lists the 2018 and 2019 Atka
                                                  Pursuant to § 679.20(a)(8)(i), up to 2                                      Section 679.20(a)(8)(ii)(C)(1)(i) and (ii)                             mackerel season allowances, area
                                                                                                                           limits Atka mackerel catch within                                         allowances, and the sector allocations.
                                                  percent of the Eastern Aleutian District
                                                                                                                           waters 0 nm to 20 nm of Steller sea lion                                  The 2019 allocations for Atka mackerel
                                                  and Bering Sea subarea Atka mackerel
                                                                                                                           sites listed in Table 6 to 50 CFR part 679                                between Amendment 80 cooperatives
                                                  TAC may be allocated to vessels using
                                                                                                                           and located west of 178° W longitude to                                   and the Amendment 80 limited access
                                                  jig gear. The percent of this allocation is                              no more than 60 percent of the annual                                     sector will not be known until eligible
                                                  recommended annually by the Council                                      TACs in Areas 542 and 543, and equally                                    participants apply for participation in
                                                  based on several criteria, including the                                 divides the annual TAC between the A                                      the program by November 1, 2018.
                                                  anticipated harvest capacity of the jig                                  and B seasons as defined at                                               NMFS will post 2019 Amendment 80
                                                  gear fleet. The Council recommended,                                     § 679.23(e)(3). Section                                                   cooperatives and Amendment 80
                                                  and NMFS proposes, a 0.5 percent                                         679.20(a)(8)(ii)(C)(2) requires the annual                                limited access allocations on the Alaska
                                                  allocation of the Atka mackerel TAC in                                   TAC in Area 543 will be no more than                                      Region Web site at http://alaska
                                                  the Eastern Aleutian District and Bering                                 65 percent of the ABC in Area 543.                                        fisheries.noaa.gov prior to the start of
                                                  Sea subarea to jig gear in 2018 and 2019.                                Section 679.20(a)(8)(ii)(D) requires that                                 the fishing year on January 1, 2019,
                                                  This percentage is applied to the TAC                                    any unharvested Atka mackerel A                                           based on the harvest specifications
                                                  after subtracting the CDQ reserve.                                       season allowance that is added to the B                                   effective on that date.
                                                            TABLE 3—PROPOSED 2018 AND 2019 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE,
                                                              INCIDENTAL CATCH ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC
                                                                                                                                          [Amounts are in metric tons]
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                                                          2018 and 2019 allocation by area

                                                                                                                                                                                                      Eastern
                                                                              Sector 1                                                              Season 2 3 4                                                       Central              Western
                                                                                                                                                                                                      Aleutian         Aleutian             Aleutian
                                                                                                                                                                                                   District/Bering     District 5           District 5
                                                                                                                                                                                                         Sea

                                                  TAC .................................................................   n/a ..................................................................           34,000           21,500               13,910



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                                                                                  Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules                                                                                             57913

                                                         TABLE 3—PROPOSED 2018 AND 2019 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE,
                                                     INCIDENTAL CATCH ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC—Continued
                                                                                                                                            [Amounts are in metric tons]

                                                                                                                                                                                                             2018 and 2019 allocation by area

                                                                                                                                                                                                         Eastern
                                                                               Sector 1                                                               Season 2 3 4                                       Aleutian             Central                    Western
                                                                                                                                                                                                                              Aleutian                   Aleutian
                                                                                                                                                                                                      District/Bering         District 5                 District 5
                                                                                                                                                                                                            Sea

                                                  CDQ reserve ...................................................           Total ...............................................................              3,638                    2,301                      1,488
                                                                                                                            A .....................................................................            1,819                    1,150                         744
                                                                                                                            Critical habitat 5 ..............................................                     n/a                      690                        447
                                                                                                                            B .....................................................................            1,819                    1,150                         744
                                                                                                                            Critical habitat 5 ..............................................                     n/a                      690                        447
                                                  non-CDQ TAC .................................................             n/a ..................................................................            30,362                  19,200                     12,422
                                                  Jig 6 .................................................................   Total ...............................................................                152     ........................   ........................
                                                  ICA ..................................................................    Total ...............................................................                800                         75                         20
                                                  BSAI trawl limited access ...............................                 Total ...............................................................              2,941                    1,912       ........................
                                                                                                                            A .....................................................................            1,471                       956      ........................
                                                                                                                            Critical habitat 5 ..............................................                     n/a                      574      ........................
                                                                                                                            B .....................................................................            1,471                       956      ........................
                                                                                                                            Critical habitat 5 ..............................................                     n/a                      574      ........................
                                                  Amendment 80 ................................................             Total ...............................................................             26,469                  17,212                     12,402
                                                                                                                            A .....................................................................           13,235                    8,606                      6,201
                                                                                                                            Critical habitat 5 ..............................................                     n/a                   5,164                      3,720
                                                                                                                            B .....................................................................           13,235                    8,606                      6,201
                                                                                                                            Critical habitat 5 ..............................................                     n/a                   5,164                      3,720
                                                     1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, the jig gear allocation, and ICAs, to the
                                                  Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited
                                                  access sectors is established in Table 33 to part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants
                                                  (see §§ 679.20(b)(1)(ii)(C) and 679.31).
                                                     2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
                                                     3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
                                                     4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10, and the B
                                                  season from June 10 to December 31.
                                                     5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea
                                                  lion critical habitat; § 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3); and
                                                  § 679.20(a)(8)(ii)(C)(2) requires the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
                                                     6 Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea subarea TAC be allocated to jig gear
                                                  after subtraction of the CDQ reserve. The amount of this allocation is proposed at 0.5 percent. The jig gear allocation is not apportioned by
                                                  season.


                                                  Allocation of the Pacific Cod TAC                                          harvest specifications published in                                        sectors will be deducted from the
                                                     The Council separated Bering Sea and                                    February 2017. The proposed amounts                                        aggregate portion of BSAI Pacific cod
                                                  Aleutian Islands subarea OFLs, ABCs,                                       could likely change, including a further                                   TAC allocated to the hook-and-line and
                                                  and TACs for Pacific cod in 2014 (79 FR                                    decrease, once the 2017 Pacific cod                                        pot sectors. For 2018 and 2019, the
                                                  12108, March 4, 2014). Section                                             stock assessment is finalized, reviewed                                    Regional Administrator proposes a BSAI
                                                  679.20(b)(1)(ii)(C) allocates 10.7 percent                                 by the Council’s Plan Team in                                              ICA of 400 mt, based on anticipated
                                                  of the BS TAC and the AI TAC to the                                        November, and then subsequently                                            incidental catch by these sectors in
                                                  CDQ Program. After CDQ allocations                                         reviewed by the SSC, AP, and Council                                       other fisheries.
                                                  have been deducted from the respective                                     in December 2017.                                                             The BSAI ITAC allocation of Pacific
                                                  BS and AI Pacific cod TACs, the                                               Sections 679.20(a)(7)(i) and (ii)                                       cod to the Amendment 80 sector is
                                                  remaining BS and AI Pacific cod TACs                                       allocate the Pacific cod TAC in the                                        established in Table 33 to 50 CFR part
                                                  are combined for calculating further                                       combined BSAI TAC, after subtracting                                       679 and § 679.91. One Amendment 80
                                                  BSAI Pacific cod sector allocations. If                                    10.7 percent for the CDQ Program, as                                       cooperative has formed for the 2018
                                                  the non-CDQ Pacific cod TAC is or will                                     follows: 1.4 percent to vessels using jig                                  fishing year. Because all Amendment 80
                                                  be reached in either the BS or the AI,                                     gear, 2.0 percent to hook-and-line or pot                                  vessels are part of the cooperative, no
                                                  NMFS will prohibit non-CDQ directed                                        catcher vessels less than 60 ft (18.3 m)                                   allocation to the Amendment 80 limited
                                                  fishing for Pacific cod in that subarea,                                   length overall (LOA), 0.2 percent to                                       access sector is required.
                                                  as provided in § 679.20(d)(1)(iii).                                        hook-and-line catcher vessels greater                                         The 2019 allocations for Amendment
                                                     As explained earlier in the ‘‘Proposed                                  than or equal to 60 ft (18.3 m) LOA, 48.7                                  80 species between Amendment 80
                                                  ABC and TAC Harvest Specifications’’                                       percent to hook-and-line catcher/                                          cooperatives and the Amendment 80
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  section, the Council recommended                                           processors, 8.4 percent to pot catcher                                     limited access sector will not be known
                                                  reduced Pacific cod OFL, ABC, and TAC                                      vessels greater than or equal to 60 ft                                     until eligible participants apply for
                                                  amounts in the BS as a result of                                           (18.3 m) LOA, 1.5 percent to pot                                           participation in the program by
                                                  preliminary data indicating a decrease                                     catcher/processors, 2.3 percent to AFA                                     November 1, 2018. NMFS will post 2019
                                                  in biomass. For the AI, the proposed                                       trawl catcher/processors, 13.4 percent to                                  Amendment 80 cooperatives and
                                                  OFL, ABC, and TAC amounts are                                              the Amendment 80 sector, and 22.1                                          Amendment 80 limited access
                                                  unchanged from those amounts                                               percent to trawl catcher vessels. The                                      allocations on the Alaska Region Web
                                                  implemented through the final 2018                                         BSAI ICA for the hook-and-line and pot                                     site at http://alaskafisheries.noaa.gov


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                                                  57914                           Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules

                                                  prior to the start of the fishing year on                              percentage of Pacific cod estimated in                     performance requirements outlined in
                                                  January 1, 2019, based on the harvest                                  Area 543 by the remaining ABC for AI                       § 679.20(a)(7)(viii).
                                                  specifications effective on that date.                                 Pacific cod. Based on these calculations,                     Section 679.20(a)(7)(viii) contains
                                                     The Pacific cod TAC is apportioned                                  the Area 543 harvest limit is 4,128 mt.                    specific performance requirements that
                                                  into seasonal allowances to disperse the                                  Section 679.20(a)(7)(viii) requires
                                                  Pacific cod fisheries over the fishing                                 specification of the 2018 and 2019                         (1) if less than 1,000 mt of the Aleutian
                                                  year (see §§ 679.20(a)(7)(i)(B), 679.20                                Pacific cod allocations for the Aleutian                   Islands CV Harvest Set-Aside is
                                                  (a)(7)(iv)(A), and 679.23(e)(5)). In                                   Islands ICA, non-CDQ DFA, CV Harvest                       delivered to Aleutian Islands
                                                  accordance with §§ 679.20(a)(7)(iv)(B)                                 Set-Aside, and Unrestricted Fishery, as                    shoreplants by February 28 of that year,
                                                  and (C), any unused portion of a                                       well as the Bering Sea Trawl CV A-                         the Aleutian Islands CV Harvest Set-
                                                  seasonal Pacific cod allowance for any                                 Season Sector Limitation. If NMFS                          Aside is lifted and the Bering Sea Trawl
                                                  sector, except the jig sector, will become                             receives notification of intent to process                 CV A-Season Sector Limitation is
                                                  available at the beginning of that                                     AI Pacific cod from either the city of                     suspended; and (2) if the entire Aleutian
                                                  sector’s next seasonal allowance.                                      Adak or the city of Atka, the harvest                      Islands CV Harvest Set-Aside is fully
                                                     Section 679.20(a)(7)(vii) requires the                              limits in Table 4a will be in effect in                    harvested and delivered to Aleutian
                                                  Regional Administrator to establish an                                 2018 or 2019. Notification of intent to                    Islands shoreplants before March 15 of
                                                  Area 543 Pacific cod harvest limit based                               process AI Pacific cod must be                             that year, the Bering Sea Trawl CV A-
                                                  on Pacific cod abundance in Area 543.                                  postmarked by October 31 of the                            Season Sector Limitation is suspended.
                                                  Based on the 2016 stock assessment, the                                previous year, and submitted
                                                  Regional Administrator determined the                                                                                                The CDQ and non-CDQ seasonal
                                                                                                                         electronically to NMFS by October 31 of
                                                  Area 543 Pacific cod harvest limit to be                                                                                          allowances by gear based on the
                                                                                                                         the previous year.
                                                  26.3 percent of the AI Pacific cod TAC                                    Prior to October 31, 2017, NMFS                         proposed 2018 and 2019 Pacific cod
                                                  for 2018 and 2019. NMFS will first                                     received timely notice from the City of                    TACs are listed in Table 4 based on the
                                                  subtract the State GHL Pacific cod                                     Adak indicating an intent to process AI                    sector allocation percentages of Pacific
                                                  amount from the AI Pacific cod ABC.                                    Pacific cod in 2018. Accordingly, the                      cod set forth at §§ 679.20(a)(7)(i)(B) and
                                                  Then NMFS will determine the harvest                                   harvest limits in Table 4a will be in                      (a)(7)(iv)(A) and the seasonal allowances
                                                  limit in Area 543 by multiplying the                                   effect in 2018, subject to the                             of Pacific cod set forth at § 679.23(e)(5).

                                                     TABLE 4—PROPOSED 2018 AND 2019 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI 1 PACIFIC COD TAC
                                                                                                                                       [Amounts are in metric tons]

                                                                                                                                          2018 and                                   2018 and 2019 seasonal apportionment
                                                                                                                                                             2018 and
                                                                                                                                        2019 share of
                                                                            Sector                                    Percent                              2019 share of
                                                                                                                                         gear sector        sector total                         Season                             Amount
                                                                                                                                            total

                                                  Total Bering Sea TAC ............................                              n/a           194,936                  n/a   n/a ...............................................          n/a
                                                  Bering Sea CDQ ....................................                            n/a            20,858                  n/a   See § 679.20(a)(7)(i)(B) ..............                      n/a
                                                  Bering Sea non-CDQ TAC ....................                                    n/a           174,078                  n/a   n/a ...............................................          n/a
                                                  Total Aleutian Islands TAC ....................                                n/a            15,695                  n/a   n/a ...............................................          n/a
                                                  Aleutian Islands CDQ ............................                              n/a             1,679                  n/a   See § 679.20(a)(7)(i)(B) ..............                      n/a
                                                  Aleutian Islands non-CDQ TAC .............                                     n/a            14,016                  n/a   n/a ...............................................          n/a
                                                  Western Aleutians Islands Limit ............                                   n/a             4,128                  n/a   n/a ...............................................          n/a
                                                  Total BSAI non-CDQ TAC 1 ...................                                  100            188,093                  n/a   n/a ...............................................          n/a
                                                  Total hook-and-line/pot gear ..................                              60.8            114,361                  n/a   n/a ...............................................          n/a
                                                  Hook-and-line/pot ICA 2 .........................                              n/a                n/a                400    n/a ...............................................          n/a
                                                  Hook-and-line/pot sub-total ....................                               n/a           113,961                  n/a   n/a ...............................................          n/a
                                                  Hook-and-line catcher/processors .........                                   48.7                 n/a             91,281    Jan 1–Jun 10 ..............................              46,553
                                                                                                                                                                              Jun 10–Dec 31 ............................               44,728
                                                  Hook-and-line catcher vessels ≥60 ft                                          0.2                 n/a                375    Jan 1–Jun 10 ..............................                 191
                                                    LOA.                                                                                                                      Jun 10–Dec 31 ............................                  184
                                                  Pot catcher/processors ..........................                             1.5                 n/a              2,812    Jan 1–Jun 10 ..............................               1,434
                                                                                                                                                                              Sept 1–Dec 31 ............................                1,378
                                                  Pot catcher vessels ≥60 ft LOA .............                                  8.4                 n/a             15,745    Jan 1–Jun 10 ..............................               8,030
                                                                                                                                                                              Sept–1–Dec 31 ...........................                 7,715
                                                  Catcher vessels <60 ft LOA using hook-                                          2                 n/a              3,749    n/a ...............................................         n/a
                                                    and-line or pot gear.
                                                  Trawl catcher vessels ............................                           22.1             41,569                  n/a   Jan 20–Apr 1 ...............................             30,761
                                                                                                                                                                              Apr 1–Jun 10 ...............................              4,573
                                                                                                                                                                              Jun 10–Nov 1 ..............................               6,235
                                                  AFA trawl catcher/processors ................                                 2.3              4,326                  n/a   Jan 20–Apr 1 ...............................              3,245
                                                                                                                                                                              Apr 1–Jun 10 ...............................              1,082
                                                                                                                                                                              Jun 10–Nov 1 ..............................                   0
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Amendment 80 .......................................                         13.4             25,205                  n/a   Jan 20–Apr 1 ...............................             18,903
                                                                                                                                                                              Apr 1–Jun 10 ...............................              6,301
                                                                                                                                                                              Jun 10–Nov 1 ..............................                   0
                                                  Jig ...........................................................               1.4              2,633                  n/a   Jan 1–Apr 30 ...............................              1,580
                                                                                                                                                                              Apr 30–Aug 31 ............................                  527
                                                                                                                                                                              Aug 31–Dec 31 ...........................                   527
                                                     1 The gear shares and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after subtrac-
                                                  tion of CDQ. If the TAC for Pacific cod in either the AI or BS is reached, then directed fishing for Pacific cod in that subarea may be prohibited,
                                                  even if a BSAI allowance remains.



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                                                                                  Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules                                                                                                   57915
                                                     2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line
                                                  and pot sectors. The Regional Administrator proposes an ICA of 400 mt for 2018 and 2019 based on anticipated incidental catch in these
                                                  fisheries.

                                                         TABLE 4a—PROPOSED 2018 AND 2019 BSAI A-SEASON PACIFIC COD LIMITS IF ALEUTIAN ISLANDS SHOREPLANTS
                                                                                        INTEND TO PROCESS PACIFIC COD 1
                                                                                                                                                                                                                                                                 Amount
                                                                                            2018 and 2019 allocations under Aleutian Islands CV harvest set-aside                                                                                                 (mt)

                                                  AI non-CDQ TAC .............................................................................................................................................................................                       14,016
                                                  AI ICA ..............................................................................................................................................................................................               2,500
                                                  AI DFA .............................................................................................................................................................................................               11,516
                                                  BS non-CDQ TAC ...........................................................................................................................................................................                        174,078
                                                  BSAI Trawl CV A-Season Allocation ...............................................................................................................................................                                  30,761
                                                  BSAI Trawl CV A-Season Allocation minus Sector Limitation 2 ......................................................................................................                                                 25,761
                                                  BS Trawl CV A-Season Sector Limitation .......................................................................................................................................                                      5,000
                                                  AI CV Harvest Set-Aside .................................................................................................................................................................                           5,000
                                                  AI Unrestricted Fishery ....................................................................................................................................................................                        6,516
                                                    1 These allocations will apply in 2018 or 2019 only if NMFS receives notice of intent to process AI Pacific cod by October 31 of the previous
                                                  year, pursuant to § 679.20(a)(7)(viii), and if the performance requirements set forth in § 679.20(a)(7)(viii) are likewise met. Prior to October 31,
                                                  2017, NMFS received timely notice from the City of Adak indicating an intent to process AI Pacific cod for the 2018 season. Accordingly, the har-
                                                  vest limits in Table 4a will be in effect in 2018, subject to the performance requirements outlined in § 679.20(a)(7)(viii).
                                                    2 This is the amount of the BSAI trawl CV A season allocation that may be harvested in the Bering Sea prior to March 21 of that year, unless
                                                  modified because the performance requirements were not met.


                                                  Sablefish Gear Allocation                                                    line or pot gear allocation of sablefish to                                  fisheries are conducted concurrently
                                                                                                                               the CDQ reserve. Additionally,                                               with the halibut IFQ fishery. Concurrent
                                                     Sections 679.20(a)(4)(iii) and (iv)                                       § 679.20(b)(1)(ii)(D)(1) requires that 7.5                                   sablefish and halibut IFQ fisheries
                                                  require allocation of sablefish TACs for                                     percent of the trawl gear allocation of                                      reduce the potential for discards of
                                                  the BS and AI between trawl gear and                                         sablefish from the non-specified                                             halibut and sablefish in those fisheries.
                                                  hook-and-line or pot gear. Gear                                              reserves, established under                                                  The sablefish IFQ fisheries remain
                                                  allocations of the TACs for the BS are                                       § 679.20(b)(1)(i), be apportioned to the                                     closed at the beginning of each fishing
                                                  50 percent for trawl gear and 50 percent                                     CDQ reserve. The Council has                                                 year until the final harvest
                                                  for hook-and-line or pot gear. Gear                                          recommended that only trawl sablefish                                        specifications for the sablefish IFQ
                                                  allocations for the TACs for the AI are                                      TAC be established biennially. The                                           fisheries are in effect. Table 5 lists the
                                                  25 percent for trawl gear and 75 percent                                     harvest specifications for the hook-and-
                                                                                                                                                                                                            proposed 2018 and 2019 gear
                                                  for hook-and-line or pot gear. Section                                       line gear or pot gear sablefish Individual
                                                                                                                                                                                                            allocations of the sablefish TAC and
                                                  679.20(b)(1)(ii)(B) requires NMFS to                                         Fishing Quota (IFQ) fisheries are limited
                                                                                                                                                                                                            CDQ reserve amounts.
                                                  apportion 20 percent of the hook-and-                                        to the 2018 fishing year to ensure those

                                                                    TABLE 5—PROPOSED 2018 AND 2019 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
                                                                                                                                             [Amounts are in metric tons]

                                                                                                                                                                                  2018                               2018             2019                           2019
                                                                                                                                                                Percent                              2018                                                 2019
                                                                                        Subarea and gear                                                                         Share of                            CDQ             Share of                        CDQ
                                                                                                                                                                of TAC            TAC               ITAC 1          reserve           TAC                 ITAC      reserve

                                                  Bering Sea:
                                                      Trawl ...........................................................................................                  50             637               541               48               637            541            48
                                                      Hook-and-line gear/pot 2 .............................................................                             50             637                n/a             127                n/a            n/a          n/a

                                                               Total .....................................................................................             100            1,274               541              175               637            541           48

                                                  Aleutian Islands:
                                                      Trawl ...........................................................................................                  25             434               369               33               434            369            33
                                                      Hook-and-line gear/pot 2 .............................................................                             75           1,301                n/a             260                n/a            n/a          n/a

                                                               Total .....................................................................................             100            1,735               369              293               434            369           33
                                                     1 Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the non-specified reserve. The ITAC is the
                                                  remainder of the TAC after the subtraction of these reserves.
                                                    2 For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  by CDQ participants § 679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line or pot gear sablefish IFQ fisheries
                                                  be limited to one year.
                                                    Note: Seasonal or sector apportionments may not total precisely due to rounding.




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                                                  57916                           Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules

                                                  Allocation of the Aleutian Islands                                          the ITAC for AI Pacific ocean perch, and                                   until eligible participants apply for
                                                  Pacific Ocean Perch, and BSAI Flathead                                      BSAI flathead sole, rock sole, and                                         participation in the program by
                                                  Sole, Rock Sole, and Yellowfin Sole                                         yellowfin sole to the Amendment 80                                         November 1, 2018. NMFS will post 2019
                                                  TACs                                                                        sector is established in Tables 33 and 34                                  Amendment 80 cooperatives and
                                                                                                                              to 50 CFR part 679 and in § 679.91.                                        Amendment 80 limited access
                                                     Sections 679.20(a)(10)(i) and (ii)                                          One Amendment 80 cooperative has                                        allocations on the Alaska Region Web
                                                  require that NMFS allocate AI Pacific                                       formed for the 2018 fishing year.                                          site at http://alaskafisheries.noaa.gov
                                                  ocean perch, and BSAI flathead sole,                                        Because all Amendment 80 vessels are
                                                  rock sole, and yellowfin sole TACs                                                                                                                     prior to the start of the fishing year on
                                                                                                                              part of the cooperative, no allocation to
                                                  between the Amendment 80 sector and                                                                                                                    January 1, 2019, based on the harvest
                                                                                                                              the Amendment 80 limited access sector
                                                  the BSAI trawl limited access sector,                                                                                                                  specifications effective on that date.
                                                                                                                              is required.
                                                  after subtracting 10.7 percent for the                                         The 2019 allocations for Amendment                                      Table 6 lists the proposed 2018 and
                                                  CDQ reserve and an ICA for the BSAI                                         80 species between Amendment 80                                            2019 allocations of the AI Pacific ocean
                                                  trawl limited access sector and vessels                                     cooperatives and the Amendment 80                                          perch, and BSAI flathead sole, rock sole,
                                                  using non-trawl gear. The allocation of                                     limited access sector will not be known                                    and yellowfin sole TACs.

                                                    TABLE 6—PROPOSED 2018 AND 2019 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH
                                                      AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI
                                                      FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS
                                                                                                                                             [Amounts are in metric tons]

                                                                                                                                                                                2018 and 2019 allocations

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

                                                  TAC ..........................................................                     9,900                      7,500                    12,000               15,500            50,100         154,000
                                                  CDQ .........................................................                      1,059                        803                     1,284                1,659             5,361          16,478
                                                  ICA ...........................................................                      100                         60                        10                4,000             6,000           4,000
                                                  BSAI trawl limited access ........................                                   874                        664                       214                    0                 0          18,351
                                                  Amendment 80 .........................................                             7,867                      5,974                    10,492                9,842            38,739         115,171



                                                    Section 679.2 defines the ABC surplus                                     cooperatives from achieving, on a                                          the ABC reserves minus the CDQ ABC
                                                  for flathead sole, rock sole, and                                           continuing basis, the optimum yield in                                     reserves. Section 679.91(i)(2) establishes
                                                  yellowfin sole as the difference between                                    the BSAI groundfish fisheries. NMFS,                                       each Amendment 80 cooperative ABC
                                                  the annual ABC and TAC for each                                             after consultation with the Council, may                                   reserve to be the ratio of each
                                                  species. Section 679.20(b)(1)(iii)                                          set the ABC reserve at or below the ABC                                    cooperatives’ quota share units and the
                                                  establishes ABC reserves for flathead                                       surplus for each species thus                                              total Amendment 80 quota share units,
                                                  sole, rock sole, and yellowfin sole. The                                    maintaining the TAC below ABC limits.                                      multiplied by the Amendment 80 ABC
                                                  ABC surpluses and the ABC reserves are                                      An amount equal to 10.7 percent of the                                     reserve for each respective species.
                                                  necessary to mitigate the operational                                       ABC reserves will be allocated as CDQ                                      Table 7 lists the 2018 and 2019 ABC
                                                  variability, environmental conditions,                                      ABC reserves for flathead sole, rock                                       surplus and ABC reserves for BSAI
                                                  and economic factors that may constrain                                     sole, and yellowfin sole. The                                              flathead sole, rock sole, and yellowfin
                                                  the CDQ groups and the Amendment 80                                         Amendment 80 ABC reserves shall be                                         sole.

                                                    TABLE 7—PROPOSED 2018 AND 2019 ABC SURPLUS, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND
                                                           AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE
                                                                                                                                             [Amounts are in metric tons]

                                                                                                                     Sector                                                                            Flathead sole       Rock sole     Yellowfin sole

                                                  ABC ..............................................................................................................................................          66,164          143,100          250,800
                                                  TAC ..............................................................................................................................................          15,500           50,100          154,000
                                                  ABC surplus .................................................................................................................................               50,664           93,000           96,800
                                                  ABC reserve ................................................................................................................................                50,664           93,000           96,800
                                                  CDQ ABC reserve .......................................................................................................................                      5,421            9,951           10,358
                                                  Amendment 80 ABC reserve .......................................................................................................                            45,243           83,049           86,442
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                                                  Proposed PSC Limits for Halibut,                                            the halibut PSC limit as the PSQ reserve                                      Sections 679.21(b)(1)(iii)(A) and (B)
                                                  Salmon, Crab, and Herring                                                   for use by the groundfish CDQ Program,                                     authorize apportionment of the BSAI
                                                    Sections 679.21(b), (e), (f), and (g) set                                 1,745 mt of halibut PSC limit for the                                      non-trawl halibut PSC limit into PSC
                                                  forth the BSAI PSC limits. Pursuant to                                      Amendment 80 sector, 745 mt of halibut                                     allowances among six fishery categories,
                                                  § 679.21(b)(1), the 2018 and 2019 BSAI                                      PSC limit for the BSAI trawl limited                                       and § 679.21(b)(1)(ii)(A) and (B),
                                                  halibut PSC limits total 3,515 mt.                                          access sector, and 710 mt of halibut PSC                                   (e)(3)(i)(B), and (e)(3)(iv) require
                                                  Section 679.21(b)(1) allocates 315 mt of                                    limit for the BSAI non-trawl sector.                                       apportionment of the BSAI trawl limited


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                                                                         Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules                                          57917

                                                  access halibut and crab PSC limits into                    If an AFA sector participates in an                Chinook salmon to the non-CDQ
                                                  PSC allowances among seven fishery                      approved IPA and has not exceeded its                 fisheries.
                                                  categories. Table 10 lists the proposed                 performance standard under                               Section 679.21(f)(14)(i) specifies
                                                  fishery PSC allowances for the BSAI                     § 679.21(f)(6) and if it is not a low                 42,000 fish as the 2018 and 2019 non-
                                                  trawl limited access fisheries, and Table               Chinook salmon abundance year, then                   Chinook salmon PSC limit in the
                                                  11 lists the proposed fishery PSC                       NMFS will allocate a portion of the                   Catcher Vessel Operational Area
                                                  allowances for the non-trawl fisheries.                 60,000 Chinook salmon PSC limit to                    (CVOA). Section 679.21(f)(14)(ii)
                                                     Pursuant to Section 3.6 of the FMP,                  that sector as specified in                           allocates 10.7 percent, or 4,494, non-
                                                  the Council recommends, and NMFS                        § 679.21(f)(3)(iii)(A). If no IPA is                  Chinook salmon in the CVOA as the
                                                  proposes, that certain specified non-                   approved, or if the sector has exceeded               PSQ reserve for the CDQ Program, and
                                                  trawl fisheries be exempt from the                      its performance standard under                        allocates the remaining 37,506 non-
                                                  halibut PSC limit. As in past years, after              § 679.21(f)(6), and it is not a low                   Chinook salmon in the CVOA to the
                                                  consultation with the Council, NMFS                     abundance year, NMFS will allocate a                  non-CDQ fisheries.
                                                  exempts pot gear, jig gear, and the                     portion of the 47,591 Chinook salmon                     PSC limits for crab and herring are
                                                  sablefish IFQ hook-and-line gear fishery                PSC limit to that sector as specified in              specified annually based on abundance
                                                  categories from halibut bycatch                         § 679.21(f)(3)(iii)(C). If an AFA sector              and spawning biomass. Due to the lack
                                                  restrictions for the following reasons: (1)             participates in an approved IPA and has               of new information as of October 2017
                                                  The pot gear fisheries have low halibut                 not exceeded its performance standard                 regarding herring PSC limits and
                                                  bycatch mortality; (2) NMFS estimates                   under § 679.21(f)(6) in a low abundance               apportionments, the Council
                                                  halibut mortality for the jig gear fleet to             year, then NMFS will allocate a portion               recommended and NMFS proposes
                                                  be negligible because of the small size                 of the 45,000 Chinook salmon PSC limit                basing the herring 2018 and 2019 PSC
                                                  of the fishery and the selectivity of the               to that sector as specified in                        limits and apportionments on the 2016
                                                  gear; and (3) the sablefish and halibut                 § 679.21(f)(3)(iii)(B). If no IPA is                  survey data. The Council will
                                                  IFQ fisheries have low halibut bycatch                  approved, or if the sector has exceeded               reconsider these amounts in December
                                                                                                          its performance standard under                        2017.
                                                  mortality because the IFQ Program
                                                                                                          § 679.21(f)(6) in a low abundance year,                  Section 679.21(e)(3)(i)(A)(1) allocates
                                                  requires legal-size halibut to be retained
                                                                                                          NMFS will allocate a portion of the                   10.7 percent of each trawl gear PSC
                                                  by vessels using hook-and-line gear if a                                                                      limit specified for crab as a PSQ reserve
                                                  halibut IFQ permit holder or a hired                    33,318 Chinook salmon PSC limit to
                                                                                                          that sector as specified in                           for use by the groundfish CDQ Program.
                                                  master is aboard and is holding unused                                                                           Based on 2017 survey data, the red
                                                  halibut IFQ for that vessel category and                § 679.21(f)(3)(iii)(D).
                                                                                                             As of October 1, 2017, NMFS has                    king crab mature female abundance is
                                                  the IFQ regulatory area in which the                                                                          estimated at 18.5 million red king crabs,
                                                                                                          determined that it is not a low Chinook
                                                  vessel is operating (§ 679.7(f)(11)).                                                                         and the effective spawning biomass is
                                                                                                          salmon abundance year, based on the
                                                     As of November 2017, total                                                                                 estimated at 39,776 million lbs (18,042
                                                                                                          State’s estimate that Chinook salmon
                                                  groundfish catch for the pot gear fishery               abundance in western Alaska is greater                mt). Based on the criteria set out at
                                                  in the BSAI was 42,662 mt, with an                      than 250,000 Chinook salmon.                          § 679.21(e)(1)(i), the proposed 2018 and
                                                  associated halibut bycatch mortality of 3               Therefore, in 2018, the Chinook salmon                2019 PSC limit of red king crab in Zone
                                                  mt. The 2017 jig gear fishery harvested                 PSC limit is 60,000 Chinook salmon,                   1 for trawl gear is 97,000 animals. This
                                                  about 13 mt of groundfish. Most vessels                 allocated to each sector as specified in              limit derives from the mature female
                                                  in the jig gear fleet are exempt from                   § 679.21(f)(3)(iii)(A). The AFA sector                abundance estimate of more than 8.4
                                                  observer coverage requirements. As a                    Chinook salmon allocations are also                   million red king crab and the effective
                                                  result, observer data are not available on              seasonally apportioned with 70 percent                spawning biomass estimate of more than
                                                  halibut bycatch in the jig gear fishery.                of the allocation for the A season                    14.5 million lbs (6,577 mt) but less than
                                                  As mentioned above, NMFS estimates a                    pollock fishery, and 30 percent of the                55 million lbs (24,948 mt).
                                                  negligible amount of halibut bycatch                    allocation for the B season pollock                      Section 679.21(e)(3)(ii)(B)(2)
                                                  mortality because of the selective nature               fishery, as provided in § 679.21(f)(3)(i)             establishes criteria under which NMFS
                                                  of jig gear and the low mortality rate of               and § 679.23(e)(2). Additionally, in                  must specify an annual red king crab
                                                  halibut caught with jig gear and                        2017, the Chinook salmon bycatch                      bycatch limit for the Red King Crab
                                                  released.                                               performance standard under                            Savings Subarea (RKCSS). The
                                                     Under § 679.21(f)(2), NMFS annually                  § 679.21(f)(6) is 47,591 Chinook salmon,              regulations limit the RKCSS bycatch to
                                                  allocates portions of either 33,318,                    allocated to each sector as specified in              up to 25 percent of the red king crab
                                                  45,000, 47,591, or 60,000 Chinook                       § 679.21(f)(3)(iii)(C).                               PSC allowance based on the need to
                                                  salmon PSC limits among the AFA                            The basis for these PSC limits is                  optimize the groundfish harvest relative
                                                  sectors, depending on past bycatch                      described in detail in the final rule                 to red king crab bycatch. NMFS
                                                  performance, on whether Chinook                         implementing management measures for                  proposes the Council’s recommendation
                                                  salmon bycatch incentive plan                           Amendment 91 (75 FR 53026, August                     that the red king crab bycatch limit be
                                                  agreements (IPAs) are formed, and on                    30, 2010) and Amendment 110 (81 FR                    equal to 25 percent of the red king crab
                                                  whether NMFS determines it is a low                     37534, June 10, 2016). NMFS publishes                 PSC allowance within the RKCSS (Table
                                                  Chinook salmon abundance year. NMFS                     the approved IPAs, allocations, and                   9). Based on 2017 survey data, Tanner
                                                  will determine that it is a low Chinook                 reports at http://alaska                              crab (Chionoecetes bairdi) abundance is
                                                  salmon abundance year when                              fisheries.noaa.gov/sustainablefisheries/              estimated at 344 million animals.
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                                                  abundance of Chinook salmon in                          bycatch/default.htm.                                  Pursuant to criteria set out at
                                                  western Alaska is less than or equal to                    Section 679.21(g)(2)(i) specifies 700              § 679.21(e)(1)(ii), the calculated 2018
                                                  250,000 Chinook salmon. The State                       fish as the 2018 and 2019 Chinook                     and 2019 C. bairdi crab PSC limit for
                                                  provides to NMFS an estimate of                         salmon PSC limit for the AI pollock                   trawl gear is 830,000 animals in Zone 1,
                                                  Chinook salmon abundance using the 3-                   fishery. Section 679.21(g)(2)(ii) allocates           and 2,520,000 animals in Zone 2. The
                                                  System Index for western Alaska based                   7.5 percent, or 53 Chinook salmon, as                 limit in Zone 1 is based on the
                                                  on the Kuskokwim, Unalakleet, and                       the AI PSQ reserve for the CDQ Program                abundance of C. bairdi estimated at 344
                                                  Upper Yukon aggregate stock grouping.                   and allocates the remaining 647                       million animals, which is greater than


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                                                  57918                           Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules

                                                  270 million and less than 400 million                                       2019 is 2,013 mt for all trawl gear as                                          Sections 679.21(b)(2) and (e)(5)
                                                  animals. The limit in Zone 2 is based on                                    listed in Tables 8 and 9.                                                    authorize NMFS, after consulting with
                                                  the abundance of C. bairdi estimated at                                        Section 679.21(e)(3)(i)(A) requires                                       the Council, to establish seasonal
                                                  344 million animals, which is greater                                       PSQ reserves to be subtracted from the                                       apportionments of PSC amounts for the
                                                  than 290 million animals and less than                                      total trawl PSC limits. The 2018 crab                                        BSAI non-trawl, BSAI trawl limited
                                                  400 million animals.                                                        and halibut PSC limits assigned to the                                       access, and Amendment 80 limited
                                                                                                                              Amendment 80 and BSAI trawl limited                                          access sectors to maximize the ability of
                                                     Pursuant to § 679.21(e)(1)(iii), the PSC                                 access sectors are specified in Table 35
                                                  limit for snow crab (C. opilio) is based                                                                                                                 the fleet to harvest the available
                                                                                                                              to 50 CFR part 679. The resulting
                                                  on total abundance as indicated by the                                                                                                                   groundfish TAC and to minimize
                                                                                                                              allocations of PSC limits to CDQ PSQ,
                                                  NMFS annual bottom trawl survey. The                                                                                                                     bycatch. The factors considered are (1)
                                                                                                                              the Amendment 80 sector, and the BSAI
                                                  C. opilio crab PSC limit in the C. opilio                                   trawl limited access sector are listed in                                    seasonal distribution of prohibited
                                                  bycatch limitation zone (COBLZ) is set                                      Table 8.                                                                     species, (2) seasonal distribution of
                                                  at 0.1133 percent of the Bering Sea                                            One Amendment 80 cooperative has                                          target groundfish species relative to
                                                  abundance index minus 150,000 crabs.                                        formed for the 2018 fishing year.                                            prohibited species distribution, (3) PSC
                                                  Based on the 2017 survey estimate of                                        Because all Amendment 80 vessels are                                         bycatch needs on a seasonal basis
                                                  8.182 billion animals, which is above                                       part of the cooperative, no allocation to                                    relevant to prohibited species biomass
                                                  the minimum PSC limit of 4.5 million                                        the Amendment 80 limited access sector                                       and expected catches of target
                                                  and below the maximum PSC limit of 13                                       is required.                                                                 groundfish species, (4) expected
                                                  million animals, the calculated C. opilio                                      The 2019 PSC limit allocations                                            variations in bycatch rates throughout
                                                  crab PSC limit is 9,120,539 animals.                                        between Amendment 80 cooperatives                                            the year, (5) expected changes in
                                                                                                                              and the Amendment 80 limited access                                          directed groundfish fishing seasons, (6)
                                                     Pursuant to § 679.21(e)(1)(v), the PSC                                   sector will not be known until eligible
                                                  limit of Pacific herring caught while                                                                                                                    expected start of fishing effort, and (7)
                                                                                                                              participants apply for participation in                                      economic effects of seasonal PSC
                                                  conducting any trawl operation for BSAI                                     the program by November 1, 2018.
                                                  groundfish is 1 percent of the annual                                                                                                                    apportionments on industry sectors. The
                                                                                                                              NMFS will post 2019 Amendment 80                                             Council recommended and NMFS
                                                  eastern Bering Sea herring biomass. The                                     cooperatives and Amendment 80
                                                  best estimate of 2018 and 2019 herring                                                                                                                   proposes the seasonal PSC
                                                                                                                              limited access allocations on the Alaska
                                                  biomass is 201,278 mt. This amount was                                                                                                                   apportionments in Tables 10 and 11 to
                                                                                                                              Region Web site at http://alaska
                                                  developed by the Alaska Department of                                       fisheries.noaa.gov prior to the start of                                     maximize harvest among gear types,
                                                  Fish and Game based on biomass for                                          the fishing year on January 1, 2019,                                         fisheries, and seasons while minimizing
                                                  spawning aggregations. Therefore, the                                       based on the harvest specifications                                          bycatch of PSC based on the above
                                                  herring PSC limit proposed for 2018 and                                     effective on that date.                                                      criteria.

                                                     TABLE 8—PROPOSED 2018 AND 2019 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL
                                                              GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS
                                                                                                                                                                                                        Trawl PSC                                  BSAI trawl
                                                                                                                                                                               CDQ PSQ                                           Amendment
                                                               PSC species and area 1                                    Total PSC              Non-trawl PSC                                         remaining after                            limited access
                                                                                                                                                                                reserve 2                                        80 sector 3
                                                                                                                                                                                                        CDQ PSQ                                       fishery

                                                  Halibut mortality (mt) BSAI ......................                             3,515                            710                     315                        n/a                1,745              745
                                                  Herring (mt) BSAI ....................................                         2,013                             n/a                     n/a                       n/a                   n/a              n/a
                                                  Red king crab (animals) Zone 1 ..............                                 97,000                             n/a                 10,379                    86,621                43,293           26,489
                                                  C. opilio (animals) COBLZ .......................                          9,120,539                             n/a                975,898                 8,144,641             4,003,091        2,617,688
                                                  C. bairdi crab (animals) Zone 1 ...............                              830,000                             n/a                 88,810                   741,190               312,115          348,285
                                                  C. bairdi crab (animals) Zone 2 ...............                            2,520,000                             n/a                269,640                 2,250,360               532,660        1,053,394
                                                     1 Refer to § 679.2 for definitions of zones.
                                                     2 The PSQ reserve for crab species is 10.7
                                                                                            percent of each crab PSC limit.
                                                     3 TheAmendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not ap-
                                                  portioned to other gear types or sectors.

                                                     TABLE 9—PROPOSED 2018 AND 2019 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH
                                                                                    ALLOWANCES FOR ALL TRAWL SECTORS
                                                                                                                                                                                                                                                 Red king crab
                                                                                                                                                                                                                                 Herring (mt)
                                                                                                                         Fishery categories                                                                                                        (animals)
                                                                                                                                                                                                                                    BSAI            Zone 1

                                                  Yellowfin sole ...........................................................................................................................................................              100              n/a
                                                  Rock sole/flathead sole/other flatfish 1 ....................................................................................................................                            43              n/a
                                                  Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish .....................................................................                                                   5              n/a
                                                  Rockfish ...................................................................................................................................................................              5              n/a
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                                                  Pacific cod ...............................................................................................................................................................              10              n/a
                                                  Midwater trawl pollock .............................................................................................................................................                  1,800              n/a
                                                  Pollock/Atka mackerel/other species 2 3 ..................................................................................................................                               50              n/a
                                                  Red king crab savings subarea non-pelagic trawl gear 4 ........................................................................................                                         n/a           24,250

                                                        Total trawl PSC ................................................................................................................................................                2,013           97,000
                                                    1 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole,
                                                  Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
                                                    2 Pollock other than midwater trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category.




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                                                                                 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules                                                                                                 57919
                                                     3 ‘‘Other
                                                            species’’ for PSC monitoring includes sculpins, sharks, skates, squids, and octopuses.
                                                     4 In
                                                        October 2017 the Council recommended that the red king crab bycatch limit for non-pelagic trawl fisheries within the RKCSS be limited to
                                                  25 percent of the red king crab PSC allowance (see § 679.21(e)(3)(ii)(B)(2)).
                                                    Note: Species apportionments may not total precisely due to rounding.

                                                      TABLE 10—PROPOSED 2018 AND 2019 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED
                                                                                              ACCESS SECTOR
                                                                                                                                                                                         Prohibited species and area 1

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

                                                  Yellowfin sole .......................................................................                         150                   23,338                2,467,662                     293,234              1,005,879
                                                  Rock sole/flathead sole/other flatfish 2 .................................                   ........................   ........................   ........................   ........................                0
                                                  Greenland turbot/arrowtooth flounder/Kamchatka flounder/
                                                    sablefish ...........................................................................      ........................   ........................   ........................   ........................                  0
                                                  Rockfish April 15–December 31 ..........................................                                           4    ........................                  4,076       ........................                849
                                                  Pacific cod ............................................................................                       391                     2,954                  105,182                      50,816                  42,424
                                                  Pollock/Atka mackerel/other species 3 .................................                                        200                        197                   40,768                       4,235                  4,243

                                                        Total BSAI trawl limited access PSC ...........................                                          745                   26,489                2,617,688                     348,285              1,053,394
                                                     1 Referto § 679.2 for definitions of areas.
                                                    2 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole,
                                                  Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
                                                    3 ‘‘Other species’’ for PSC monitoring includes sculpins, sharks, skates, squids, and octopuses.
                                                    Note: Species apportionments may not total precisely due to rounding.

                                                            TABLE 11—PROPOSED 2018 AND 2019 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL
                                                                                                     FISHERIES
                                                                                                                                             Halibut mortality (mt) BSAI

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

                                                  Pacific cod ......................................................     Annual Pacific cod .........................................                                 648                         13       n/a.
                                                                                                                         January 1–June 10 ........................................                                   388                           9      n/a.
                                                                                                                         June 10–August 15 ........................................                                   162                           2      n/a.
                                                                                                                         August 15–December 31 ...............................                                         98                           2      n/a.
                                                  Non-Pacific cod non-trawl-Total .....................                  May 1–December 31 ......................................                                      n/a                        n/a      49.
                                                  Groundfish pot and jig ....................................            n/a ..................................................................                        n/a                        n/a      Exempt.
                                                  Sablefish hook-and-line ..................................             n/a ..................................................................                        n/a                        n/a      Exempt.
                                                  Total for all non-trawl PSC .............................              n/a ..................................................................                        n/a                        n/a      710.



                                                  Halibut Discard Mortality Rates                                          findings are included as an appendix to                                       to calculate halibut mortality, including
                                                     To monitor halibut bycatch mortality                                  the annual BSAI groundfish SAFE                                               potential changes to the reference
                                                  allowances and apportionments, the                                       report.                                                                       period (the period of data used for
                                                  Regional Administrator uses observed                                        In 2016, the DMR estimation                                                calculating the DMRs). Future DMRs
                                                  halibut incidental catch rates, halibut                                  methodology underwent revisions per                                           may change based on additional years of
                                                  discard mortality rates (DMRs), and                                      the Council’s directive. An interagency                                       observer sampling, which could provide
                                                  estimates of groundfish catch to project                                 halibut working group (IPHC, Council,                                         more recent and accurate data and
                                                  when a fishery’s halibut bycatch                                         and NMFS staff) developed improved                                            which could improve the accuracy of
                                                  mortality allowance or seasonal                                          estimation methods that have                                                  estimation and progress on
                                                  apportionment is reached. Halibut                                        undergone review by the Plan Team,                                            methodology. The new methodology
                                                  incidental catch rates are based on                                      SSC, and the Council. A summary of the                                        will continue to ensure that NMFS is
                                                  observers’ estimates of halibut                                          revised methodology is included in the                                        using DMRs that more accurately reflect
                                                  incidental catch in the groundfish                                       BSAI proposed 2017 and 2018 harvest                                           halibut mortality, which will inform the
                                                  fishery. DMRs are estimates of the                                       specifications (81 FR 87863, December                                         different sectors of their estimated
                                                  proportion of incidentally caught                                        6, 2016), and the comprehensive                                               halibut mortality and allow specific
                                                  halibut that do not survive after being                                  discussion of the working group’s                                             sectors to respond with methods that
                                                  returned to the sea. The cumulative                                      statistical methodology is available from                                     could reduce mortality and, eventually,
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                                                  halibut mortality that accrues to a                                      the Council (see ADDRESSES). The DMR                                          the DMR for that sector.
                                                  particular halibut PSC limit is the                                      working group’s revised methodology is                                          At the December 2016 meeting, the
                                                  product of a DMR multiplied by the                                       intended to improve estimation                                                SSC, AP, and Council concurred in the
                                                  estimated halibut PSC. DMRs are                                          accuracy, as well as transparency and                                         revised DMR estimation methodology,
                                                  estimated using the best scientific                                      transferability in the methodology used,                                      and NMFS adopted the DMRs
                                                  information available in conjunction                                     for calculating DMRs. The working                                             calculated under the revised
                                                  with the annual BSAI stock assessment                                    group will continue to consider                                               methodology for the 2016 and 2017
                                                  process. The DMR methodology and                                         improvements to the methodology used                                          harvest specifications. In October 2017,


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                                                  57920                           Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules

                                                  the Council recommended adopting the                                        through 2016. The proposed DMR for                                            DMR for catcher vessels using hook-
                                                  halibut DMRs derived from the 2016                                          motherships and catcher/processors                                            and-line gear increased to 17 percent
                                                  process for the proposed 2018 and 2019                                      using non-pelagic trawl gear decreased                                        from 14 percent, and the proposed DMR
                                                  DMRs. The proposed 2018 and 2019                                            to 84 percent from 85 percent, the                                            for pot gear increased to 9 percent from
                                                  DMRs maintain the new estimation                                            proposed DMR for catcher vessels using                                        6 percent. Table 12 lists the proposed
                                                  method adopted in 2016 using an                                             non-pelagic trawl gear increased to 60                                        2018 and 2019 DMRs.
                                                  updated 3-year reference period of 2014                                     percent from 52 percent, the proposed

                                                                     TABLE 12—PROPOSED 2018 AND 2019 PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE BSAI
                                                                                                                                                                                                                                                              Halibut discard
                                                                                               Gear                                                                                                Sector                                                      mortality rate
                                                                                                                                                                                                                                                                (percent)

                                                  Pelagic trawl ...............................................................................        All ................................................................................................                    100
                                                  Non-pelagic trawl ........................................................................           Mothership and catcher/processor .............................................                                           84
                                                  Non-pelagic trawl ........................................................................           Catcher vessel ............................................................................                              60
                                                  Hook-and-line .............................................................................          Catcher vessel ............................................................................                              17
                                                  Hook-and-line .............................................................................          Catcher/processor ......................................................................                                  8
                                                  Pot ..............................................................................................   All ................................................................................................                      9



                                                  Listed AFA Catcher/Processor                                                cooperatives in the directed pollock                                            All harvest of groundfish sideboard
                                                  Sideboard Limits                                                            fishery. These restrictions are set out as                                    species by listed AFA catcher/
                                                                                                                              ‘‘sideboard’’ limits on catch. The basis                                      processors, whether as targeted catch or
                                                     Pursuant to § 679.64(a), the Regional                                    for these proposed sideboard limits is                                        incidental catch, will be deducted from
                                                  Administrator is responsible for                                            described in detail in the final rules                                        the sideboard limits in Table 13.
                                                  restricting the ability of listed AFA                                       implementing the major provisions of                                          However, groundfish sideboard species
                                                  catcher/processors to engage in directed                                    the AFA (67 FR 79692, December 30,                                            that are delivered to listed AFA catcher/
                                                  fishing for groundfish species other than                                   2002) and Amendment 80 (72 FR 52668,                                          processors by catcher vessels will not be
                                                  pollock to protect participants in other                                    September 14, 2007). Table 13 lists the                                       deducted from the 2018 and 2019
                                                  groundfish fisheries from adverse effects                                   proposed 2018 and 2019 catcher/                                               sideboard limits for the listed AFA
                                                  resulting from the AFA and from fishery                                     processor sideboard limits.                                                   catcher/processors.

                                                      TABLE 13—PROPOSED 2018 AND 2019 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED AMERICAN FISHERIES ACT
                                                                                        CATCHER/PROCESSORS (C/PS)
                                                                                                                                             [Amounts are in metric tons]

                                                                                                                                                                               1995–1997                                              2018 and
                                                                                                                                                                                                                                     2019 ITAC                   2018 and
                                                                      Target species                                          Area                                                                          Ratio of                                          2019 AFA C/P
                                                                                                                                                                                                                                   available to all
                                                                                                                                                 Retained catch                Total catch              retained catch              trawl C/Ps 1              sideboard limit
                                                                                                                                                                                                         to total catch

                                                  Sablefish trawl .........................................          BS ..................                             8                   497                      0.0160                         541                              9
                                                                                                                     AI ...................      ........................                  145         ........................                    369        ........................
                                                  Greenland turbot ......................................            BS ..................                         121                  17,305                      0.0070                       3,825                            27
                                                                                                                     AI ...................                          23                  4,987                      0.0050                         106                              1
                                                  Arrowtooth flounder .................................              BSAI ...............                            76                 33,987                      0.0020                      11,900                            24
                                                  Kamchatka flounder .................................               BSAI ...............                            76                 33,987                      0.0020                       4,250                              9
                                                  Rock sole .................................................        BSAI ...............                       6,317                  169,362                      0.0370                      44,739                       1,655
                                                  Flathead sole ...........................................          BSAI ...............                       1,925                   52,755                      0.0360                      13,842                          498
                                                  Alaska plaice ...........................................          BSAI ...............                            14                  9,438                      0.0010                      11,050                            11
                                                  Other flatfish ............................................        BSAI ...............                       3,058                   52,298                      0.0580                       2,125                          123
                                                  Pacific ocean perch .................................              BS ..................                           12                  4,879                      0.0020                       9,350                            19
                                                                                                                     Eastern AI ......                             125                   6,179                      0.0200                       8,841                          177
                                                                                                                     Central AI .......                                3                 5,698                      0.0010                       6,698                              7
                                                                                                                     Western AI .....                                54                 13,598                      0.0040                      10,716                            43
                                                  Northern rockfish .....................................            BSAI ...............                            91                 13,040                      0.0070                       4,250                            30
                                                  Rougheye rockfish ...................................              EBS/EAI .........                               50                  2,811                      0.0180                          85                              2
                                                                                                                     CAI/WAI .........                               50                  2,811                      0.0180                         106                              2
                                                  Shortraker rockfish ...................................            BSAI ...............                            50                  2,811                      0.0180                         106                              2
                                                  Other rockfish ..........................................          BS ..................                           18                    621                      0.0290                         276                              8
                                                                                                                     AI ...................                          22                    806                      0.0270                         468                            13
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                                                  Atka mackerel ..........................................           Central AI .......                             n/a                     n/a                     0.1150                      19,200                       2,208
                                                                                                                     A season 2 .....                               n/a                     n/a                     0.1150                       9,600                       1,104
                                                                                                                     B season 2 .....                               n/a                     n/a                     0.1150                       9,600                       1,104
                                                                                                                     Western AI .....                               n/a                     n/a                     0.2000                      12,422                       2,484
                                                                                                                     A season 2 .....                               n/a                     n/a                     0.2000                       6,211                       1,242
                                                                                                                     B season 2 .....                               n/a                     n/a                     0.2000                       6,211                       1,242
                                                  Skates ......................................................      BSAI ...............                          553                  68,672                      0.0080                      22,100                          177
                                                  Sculpins ...................................................       BSAI ...............                          553                  68,672                      0.0080                       3,825                            31
                                                  Sharks ......................................................      BSAI ...............                          553                  68,672                      0.0080                         106                              1



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                                                                                 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules                                                                          57921

                                                     TABLE 13—PROPOSED 2018 AND 2019 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED AMERICAN FISHERIES ACT
                                                                                  CATCHER/PROCESSORS (C/PS)—Continued
                                                                                                                                        [Amounts are in metric tons]

                                                                                                                                                                         1995–1997                               2018 and             2018 and
                                                                                                                                                                                                                2019 ITAC
                                                                     Target species                                       Area                                                                Ratio of                             2019 AFA C/P
                                                                                                                                            Retained catch               Total catch      retained catch      available to all     sideboard limit
                                                                                                                                                                                           to total catch      trawl C/Ps 1

                                                  Squids ......................................................   BSAI ...............                        73                  3,328             0.0220              1,141                   25
                                                  Octopuses ................................................      BSAI ...............                       553                 68,672             0.0080                340                    3
                                                    1 Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of
                                                  the TAC after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C).
                                                    2 The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. List-
                                                  ed AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of
                                                  the annual ITAC specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
                                                    Note: Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2018 and 2019 aggregate
                                                  ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.


                                                     Section 679.64(a)(2) and Tables 40                                       PSC species listed in Table 14 that are                       processors once a proposed 2018 or
                                                  and 41 to 50 CFR part 679 establish a                                    caught by listed AFA catcher/processors                          2019 PSC sideboard limit listed in Table
                                                  formula for calculating PSC sideboard                                    participating in any groundfish fishery                          14 is reached.
                                                  limits for halibut and crab caught by                                    other than pollock will accrue against                              Pursuant to § 679.21(b)(1)(ii)(C) and
                                                  listed AFA catcher/processors. The                                       the proposed 2018 and 2019 PSC                                   (e)(3)(ii)(C), halibut or crab PSC caught
                                                  basis for these sideboard limits is                                      sideboard limits for the listed AFA                              by listed AFA catcher/processors while
                                                  described in detail in the final rules                                   catcher/processors. Sections                                     fishing for pollock will accrue against
                                                  implementing the major provisions of                                     679.21(b)(4)(iii), (e)(7), and (e)(3)(v)                         the PSC allowances annually specified
                                                  the AFA (67 FR 79692, December 30,                                       authorize NMFS to close directed                                 for the pollock/Atka mackerel/‘‘other
                                                  2002) and Amendment 80 (72 FR 52668,                                     fishing for groundfish other than                                species’’ fishery categories, according to
                                                  September 14, 2007).                                                     pollock for listed AFA catcher/                                  § 679.21(b)(1)(ii)(B) and (e)(3)(iv).

                                                     TABLE 14—PROPOSED 2018 AND 2019 BSAI PROHIBITED SPECIES SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT
                                                                                       LISTED CATCHER/PROCESSORS
                                                                                                                                                                                                       Proposed 2018
                                                                                                                                                                                                       and 2019 PSC              Proposed 2018
                                                                                                                                                                                Ratio of PSC to       available to trawl
                                                                                             PSC species and area 1                                                                                                               and 2019 C/P
                                                                                                                                                                                  total PSC             vessels after            sideboard limit 2
                                                                                                                                                                                                        subtraction of
                                                                                                                                                                                                            PSQ 2

                                                  BSAI Halibut mortality ................................................................................................                     n/a                     n/a                     286
                                                  Red king crab Zone 1 ................................................................................................                    0.007                  86,621                      606
                                                  C. opilio (COBLZ) ......................................................................................................                 0.153               8,144,641                1,246,130
                                                  C. bairdi Zone 1 .........................................................................................................               0.140                 741,190                  103,767
                                                  C. bairdi Zone 2 .........................................................................................................               0.050               2,250,360                  112,518
                                                     1 Refer    to § 679.2 for definitions of areas.
                                                     2 Halibut    amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.


                                                  AFA Catcher Vessel Sideboard Limits                                      cooperatives in the directed pollock                             September 14, 2007). Tables 15 and 16
                                                                                                                           fishery. Section 679.64(b)(3) and (b)(4)                         list the proposed 2018 and 2019 AFA
                                                     Pursuant to § 679.64(b), the Regional                                 establish formulas for setting AFA                               catcher vessel sideboard limits.
                                                  Administrator is responsible for                                         catcher vessel groundfish and PSC
                                                  restricting the ability of AFA catcher                                                                                                       All catch of groundfish sideboard
                                                                                                                           sideboard limits for the BSAI. The basis                         species made by non-exempt AFA
                                                  vessels to engage in directed fishing for                                for these sideboard limits is described in
                                                  groundfish species other than pollock to                                                                                                  catcher vessels, whether as targeted
                                                                                                                           detail in the final rules implementing
                                                  protect participants in other groundfish                                                                                                  catch or as incidental catch, will be
                                                                                                                           the major provisions of the AFA (67 FR
                                                  fisheries from adverse effects resulting                                 79692, December 30, 2002) and                                    deducted from the 2018 and 2019
                                                  from the AFA and from fishery                                            Amendment 80 (72 FR 52668,                                       sideboard limits listed in Table 15.
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                                                  57922                          Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules

                                                   TABLE 15—PROPOSED 2018 AND 2019 BSAI GROUNDFISH SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER
                                                                                            VESSELS (CVS)
                                                                                                                                         [Amounts are in metric tons]

                                                                                                                                                                                                                                                 2018 and
                                                                                                                                                                                                   Ratio of 1995–              2018 and          2019 AFA
                                                                                                                                                                                                   1997 AFA CV
                                                                              Species                                                 Fishery by area/gear/season                                                             2019 initial     catcher vessel
                                                                                                                                                                                                   catch to 1995–               TAC 1            sideboard
                                                                                                                                                                                                     1997 TAC                                       limits

                                                  Pacific cod .......................................................    BSAI ...............................................................                         n/a                n/a                      n/a
                                                                                                                         Jig gear ..........................................................       ........................           2,633    ........................
                                                                                                                         Hook-and-line CV >60 ft LOA ........................                                         n/a                n/a                      n/a
                                                                                                                         Jan 1–Jun 10 .................................................                         0.0006                  191                          0
                                                                                                                         Jun 10–Dec 31 ...............................................                          0.0006                  184                          0
                                                                                                                         Pot gear CV >60 ft LOA ................................                                      n/a                n/a                      n/a
                                                                                                                         Jan 1–Jun 10 .................................................                         0.0006                8,030                          5
                                                                                                                         Sept 1–Dec 31 ...............................................                          0.0006                7,715                          5
                                                                                                                         CV <60 ft LOA using hook-and-line or pot                                               0.0006                3,749                          2
                                                                                                                           gear.
                                                                                                                         Trawl gear CV ................................................                               n/a               n/a                       n/a
                                                                                                                         Jan 20–Apr 1 ..................................................                        0.8609              30,761                  26,482
                                                                                                                         Apr 1–un 10 ...................................................                        0.8609               4,573                    3,937
                                                                                                                         Jun 10–Nov 1 .................................................                         0.8609               6,235                    5,368
                                                  Sablefish .........................................................    BS trawl gear .................................................                        0.0906                 541                         49
                                                                                                                         AI trawl gear ...................................................                      0.0645                 369                         24
                                                  Greenland turbot .............................................         BS ...................................................................                 0.0645               3,719                       240
                                                                                                                         AI ....................................................................                0.0205                 106                           2
                                                  Arrowtooth flounder .........................................          BSAI ...............................................................                   0.0690              11,900                       821
                                                  Kamchatka flounder ........................................            BSAI ...............................................................                   0.0690               4,250                       293
                                                  Rock sole ........................................................     BSAI ...............................................................                   0.0341              44,739                    1,526
                                                  Flathead sole ..................................................       BS trawl gear .................................................                        0.0505              13,842                       699
                                                  Alaska plaice ...................................................      BSAI ...............................................................                   0.0441              11,050                       487
                                                  Other flatfish ....................................................    BSAI ...............................................................                   0.0441               2,125                         94
                                                  Pacific ocean perch ........................................           BS ...................................................................                 0.1000               9,350                       935
                                                                                                                         Eastern AI ......................................................                      0.0077               8,841                         68
                                                                                                                         Central AI .......................................................                     0.0025               6,698                         17
                                                                                                                         Western AI .....................................................          ........................         10,716     ........................
                                                  Northern rockfish .............................................        BSAI ...............................................................                   0.0084               4,250                         36
                                                  Rougheye rockfish ..........................................           EBS/EAI .........................................................                      0.0037                   85                          0
                                                                                                                         CAI/WAI ..........................................................                     0.0037                 106                           0
                                                  Shortraker rockfish ..........................................         BSAI ...............................................................                   0.0037                 106                           0
                                                  Other rockfish ..................................................      BS ...................................................................                 0.0048                 276                           1
                                                                                                                         AI ....................................................................                0.0095                 468                           4
                                                  Atka mackerel .................................................        Eastern AI/BS .................................................                              n/a           30,362                        n/a
                                                                                                                         Jan 1–Jun 10 .................................................                         0.0032              15,181                         49
                                                                                                                         Jun 10–Nov 1 .................................................                         0.0032              15,181                         49
                                                                                                                         Central AI .......................................................                           n/a           19,200                        n/a
                                                                                                                         Jan 1–Jun 10 .................................................                         0.0001               9,600                           1
                                                                                                                         Jun 10–Nov 1 .................................................                         0.0001               9,600                           1
                                                                                                                         Western AI .....................................................                             n/a           12,422                        n/a
                                                                                                                         Jan 1–Jun 10 .................................................            ........................          6,211     ........................
                                                                                                                         Jun 10–Nov 1 .................................................            ........................          6,211     ........................
                                                  Skates .............................................................   BSAI ...............................................................                   0.0541              22,100                    1,196
                                                  Sculpins ...........................................................   BSAI ...............................................................                   0.0541               3,825                       207
                                                  Sharks .............................................................   BSAI ...............................................................                   0.0541                 106                           6
                                                  Squids .............................................................   BSAI ...............................................................                   0.3827               1,141                       437
                                                  Octopuses .......................................................      BSAI ...............................................................                   0.0541                 340                         18
                                                    1 Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of
                                                  the TAC of that species after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C).
                                                    Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2018 and 2019 aggregate ITAC of
                                                  yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.


                                                     Halibut and crab PSC limits listed in                                and (e)(3)(v) authorize NMFS to close                                        caught by AFA catcher vessels while
                                                  Table 16 that are caught by AFA catcher                                 directed fishing for groundfish other                                        fishing for pollock in the BS will accrue
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  vessels participating in any groundfish                                 than pollock for AFA catcher vessels                                         against the bycatch allowances annually
                                                  fishery other than pollock will accrue                                  once a proposed 2018 and 2019 PSC                                            specified for the pollock/Atka mackerel/
                                                  against the 2018 and 2019 PSC                                           sideboard limit listed in Table 16 is                                        ‘‘other species’’ fishery categories under
                                                  sideboard limits for the AFA catcher                                    reached. Pursuant to § 679.21(b)(1)(ii)(C)                                   § 679.21(b)(1)(ii)(B) and (e)(3)(iv).
                                                  vessels. Section 679.21(b)(4)(iii), (e)(7),                             and (e)(3)(ii)(C), halibut or crab PSC




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                                                                                 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules                                                                             57923

                                                         TABLE 16—PROPOSED 2018 AND 2019 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH
                                                                                        SIDEBOARD LIMITS FOR THE BSAI 1
                                                                                                                                                                                                                         Proposed        Proposed
                                                                                                                                                                                                                         2018 and        2018 and
                                                                                                                                                                                                    AFA catcher       2019 PSC limit     2019 AFA
                                                                                                                                                  Target fishery                                     vessel PSC
                                                                  PSC species and area 1                                                                                                                                   after       catcher vessel
                                                                                                                                                   category 2                                      sideboard limit      subtraction          PSC
                                                                                                                                                                                                        ratio             of PSQ         sideboard
                                                                                                                                                                                                                        reserves 3          limit 3

                                                  Halibut .............................................................   Pacific cod trawl .............................................                      n/a               n/a             887
                                                                                                                          Pacific cod hook-and-line or pot ....................                                n/a               n/a               2
                                                                                                                          Yellowfin sole total .........................................                       n/a               n/a             101
                                                                                                                          Rock sole/flathead sole/other flatfish.4 ..........                                  n/a               n/a             228
                                                                                                                          Greenland            turbot/arrowtooth                  flounder/                    n/a               n/a
                                                                                                                            Kamchatka flounder/sablefish.
                                                                                                                          Rockfish ..........................................................                  n/a               n/a               2
                                                                                                                          Pollock/Atka mackerel/other species.5 ...........                                   n/a                n/a               5
                                                  Red king crab Zone 1 .....................................              n/a ..................................................................           0.2990            86,621           25,900
                                                  C. opilio COBLZ ..............................................          n/a ..................................................................           0.1680         8,144,641        1,368,300
                                                  C. bairdi Zone 1 ..............................................         n/a ..................................................................           0.3300           741,190          244,593
                                                  C. bairdi Zone 2 ..............................................         n/a ..................................................................           0.1860         2,250,360          418,567
                                                     1 Refer to § 679.2 for definitions of areas.
                                                     2 Target  fishery categories are defined at § 679.21(b)(1)(ii)(B).
                                                     3 Halibut  amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
                                                     4 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, Kamchatka
                                                  flounder, flathead sole, Greenland turbot, rock sole, and yellowfin sole.
                                                     5 ‘‘Other species’’ for PSC monitoring includes skates, sculpins, sharks, and octopuses.




                                                  Classification                                                           fisheries in the exclusive economic zone                                  commercial fishing (see 50 CFR 200.2).
                                                     NMFS has determined that the                                          off Alaska. As described in the                                           A business primarily engaged in
                                                  proposed harvest specifications are                                      methodology, TACs are set to a level                                      commercial fishing (NAICS code 11411)
                                                                                                                           that falls within the range of ABCs                                       is classified as a small business if it is
                                                  consistent with the FMP and
                                                                                                                           recommended by the SSC; the sum of                                        independently owned and operated, is
                                                  preliminarily determined that the
                                                                                                                           the TACs must achieve OY specified in                                     not dominant in its field of operation
                                                  proposed harvest specifications are
                                                                                                                           the FMP. While the specific numbers                                       (including its affiliates), and has
                                                  consistent with the Magnuson-Stevens
                                                                                                                           that the methodology may produce vary                                     combined annual gross receipts not in
                                                  Act and other applicable laws, and
                                                                                                                           from year to year, the methodology itself                                 excess of $11 million for all its affiliated
                                                  subject to further review after public
                                                                                                                           remains constant.                                                         operations worldwide.
                                                  comment.                                                                    A description of the proposed action,                                     The estimated number of directly
                                                     This action is authorized under 50                                    why it is being considered, and the legal                                 regulated small entities in 2016 include
                                                  CFR 679.20 and is exempt from review                                     basis for this proposed action are                                        approximately 119 catcher vessels, five
                                                  under Executive Order 12866.                                             contained in the preamble above. A                                        catcher/processors, and six CDQ groups.
                                                     NMFS prepared an EIS for this action                                  copy of the IRFA is available from                                        Some of these vessels are members of
                                                  and made it available to the public on                                   NMFS (see ADDRESSES). A summary of                                        AFA inshore pollock cooperatives, Gulf
                                                  January 12, 2007 (72 FR 1512). On                                        the IRFA follows.                                                         of Alaska rockfish cooperatives, or BSAI
                                                  February 13, 2007, NMFS issued the                                          The action under consideration is a                                    Crab Rationalization Program
                                                  Record of Decision (ROD) for the Final                                   harvest strategy to govern the catch of                                   cooperatives, and, since under the RFA
                                                  EIS. A Supplemental Information Report                                   groundfish in the BSAI. The preferred                                     the aggregate gross receipts of all
                                                  (SIR) that assesses the need to prepare                                  alternative is the existing harvest                                       participating members of the
                                                  a Supplemental EIS is being prepared                                     strategy in which TACs fall within the                                    cooperative must meet the ‘‘under $11
                                                  for the final action. Copies of the Final                                range of ABCs recommended by the                                          million’’ threshold, the cooperatives are
                                                  EIS, ROD, and SIR for this action are                                    SSC, but, as discussed below, NMFS                                        considered to be large entities within
                                                  available from NMFS (see ADDRESSES).                                     considered other alternatives. This                                       the meaning of the RFA. Thus, the
                                                  The Final EIS analyzes the                                               action is taken in accordance with the                                    estimate of 119 catcher vessels may be
                                                  environmental consequences of the                                        FMP prepared by the Council pursuant                                      an overstatement of the number of small
                                                  proposed groundfish harvest                                              to the Magnuson-Stevens Act.                                              entities. Average gross revenues were
                                                  specifications and alternative harvest                                      The entities directly regulated by this                                $690,000 for small hook-and-line
                                                  strategies on resources in the action                                    action are those that harvest groundfish                                  vessels, $1.25 million for small pot
                                                  area. The Final EIS found no significant                                 in the exclusive economic zone of the                                     vessels, and $3.44 million for small
                                                  environmental consequences from the                                      BSAI and in parallel fisheries within                                     trawl vessels. The average gross revenue
                                                  proposed action or its alternatives.                                     State waters. These include entities                                      for catcher/processor hook and line
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                     NMFS prepared an Initial Regulatory                                   operating catcher vessels and catcher/                                    vessels was $2.90 million. The revenue
                                                  Flexibility Analysis (IRFA), as required                                 processors within the action area and                                     data for other catcher/processor’s data
                                                  by section 603 of the Regulatory                                         entities receiving direct allocations of                                  are not reported, due to confidentiality
                                                  Flexibility Act (RFA), analyzing the                                     groundfish.                                                               considerations.
                                                  methodology for establishing the                                            For RFA purposes only, NMFS has                                           The preferred alternative (Alternative
                                                  relevant TACs. The IRFA evaluates the                                    established a small business size                                         2) was compared to four other
                                                  impacts on small entities of alternative                                 standard for businesses, including their                                  alternatives. Alternative 1 would have
                                                  harvest strategies for the groundfish                                    affiliates, whose primary industry is                                     set TACs to generate fishing rates equal


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                                                  57924                  Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules

                                                  to the maximum permissible ABC (if the                    Alternative 4 would lead to                         SIR (https://alaskafisheries.noaa.gov/
                                                  full TAC were harvested), unless the                    significantly lower harvests of all                   sites/default/files/sir-2017-18.pdf).
                                                  sum of TACs exceeded the BSAI OY, in                    species and reduce TACs from the                        Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
                                                  which case TACs would have been                         upper end of the OY range in the BSAI,                1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.
                                                  limited to the OY. Alternative 3 would                  to its lower end of 1.4 million mt.                   3631 et seq.; Pub. L. 105–277; Pub. L. 106–
                                                  have set TACs to produce fishing rates                  Overall, this would reduce 2018 TACs                  31; Pub. L. 106–554; Pub. L. 108–199;
                                                  equal to the most recent 5-year average                 by about 30 percent, which would lead                 Pub. L. 108–447; Pub. L. 109–241; Pub. L.
                                                  fishing rates. Alternative 4 would have                 to significant reductions in harvests of              109–479.
                                                  set TACs equal to the lower limit of the                species by small entities. While                        Dated: December 4, 2017.
                                                  BSAI OY range. Alternative 5, the ‘‘no                  reductions of this size would alter the               Alan D. Risenhoover,
                                                  action’’ alternative, would have set                    supply, and, therefore, would be                      Acting Deputy Assistant Administrator for
                                                  TACs equal to zero.                                     associated with offsetting price                      Regulatory Programs, National Marine
                                                     The TACs associated with Alternative                 increases, the size of these associated               Fisheries Service.
                                                  2, the preferred harvest strategy, are                  price increases is uncertain. While                   [FR Doc. 2017–26477 Filed 12–6–17; 4:15 pm]
                                                  those adopted by the Council in October                 production declines in the BSAI would                 BILLING CODE 3510–22–P
                                                  2017. OFLs and ABCs for the species                     undoubtedly be associated with price
                                                  were based on recommendations                           increases in the BSAI, these increases
                                                  prepared by the Council’s BSAI                          would be constrained by production of                 DEPARTMENT OF COMMERCE
                                                  Groundfish Plan Team in September                       substitutes, and are unlikely to
                                                  2017, and reviewed and modified by the                  completely offset revenue declines                    National Oceanic and Atmospheric
                                                  Council’s SSC in October 2017. The                      resulting from reductions in harvests of              Administration
                                                  Council based its TAC                                   these species by small entities. Thus,
                                                  recommendations on those of its AP,                     this alternative action would have a                  50 CFR Part 679
                                                  which were consistent with the SSC’s                    detrimental impact on small entities.
                                                  OFL and ABC recommendations.                              Alternative 5, which sets all harvests              [Docket No. 170816769–7769–01]
                                                     Alternative 1 selects harvest rates that             equal to zero, would have a significant
                                                  would allow fishermen to harvest stocks                                                                       RIN 0648–XF633
                                                                                                          adverse impact on small entities and
                                                  at the level of ABCs, unless total
                                                                                                          would be contrary to the requirement                  Fisheries of the Exclusive Economic
                                                  harvests were constrained by the upper
                                                                                                          for achieving OY on a continuing basis,               Zone Off Alaska; Gulf of Alaska; 2018
                                                  bound of the BSAI OY of two million
                                                                                                          as mandated by the Magnuson-Stevens                   and 2019 Harvest Specifications for
                                                  mt. As shown in Table 1 of the
                                                                                                          Act.                                                  Groundfish
                                                  preamble, the sum of ABCs in 2018 and
                                                  2019 would be about 4,214,648 mt,                         The proposed harvest specifications
                                                                                                          (Alternative 2) extend the current 2018               AGENCY:  National Marine Fisheries
                                                  which falls above the upper bound of                                                                          Service (NMFS), National Oceanic and
                                                  the OY range. Under Alternative 1, the                  OFLs, ABCs, and TACs to 2018 and
                                                                                                          2019, with the exceptions for decreases               Atmospheric Administration (NOAA),
                                                  sum of TACs is equal to the sum of                                                                            Commerce.
                                                  ABCs. In this instance, Alternative 1 is                of Pacific cod OFL, ABC, and TAC in
                                                                                                          the BS and related increases in Atka                  ACTION: Proposed rule; request for
                                                  consistent with the preferred alternative                                                                     comments.
                                                  (Alternative 2), meets the objectives of                mackerel, Pacific ocean perch, pollock,
                                                  that action, and has small entity impacts               and rock sole TAC amounts. As noted
                                                                                                                                                                SUMMARY:   NMFS proposes 2018 and
                                                  that are equivalent to small entity                     in the IRFA, the Council may modify
                                                                                                                                                                2019 harvest specifications,
                                                  impacts of the preferred alternative.                   these OFLs, ABCs, and TACs in
                                                                                                                                                                apportionments, and Pacific halibut
                                                  However, NMFS cannot set TACs equal                     December 2017, when it reviews the
                                                                                                                                                                prohibited species catch limits for the
                                                  to the sum of ABCs in the BSAI due to                   November 2017 SAFE report from its
                                                                                                                                                                groundfish fishery of the Gulf of Alaska
                                                  the constraining OY limit of 2.0 million                groundfish Plan Team, and the reports
                                                                                                                                                                (GOA). This action is necessary to
                                                  mt, which Alternative 1 would exceed.                   of the SSC and AP at the December
                                                                                                                                                                establish harvest limits for groundfish
                                                     Alternative 3 selects harvest rates                  Council meeting. Because most of the
                                                                                                                                                                during the 2018 and 2019 fishing years
                                                  based on the most recent 5 years of                     TACs in the proposed 2018 and 2019
                                                                                                                                                                and to accomplish the goals and
                                                  harvest rates (for species in Tiers 1                   harvest specifications are unchanged
                                                                                                                                                                objectives of the Fishery Management
                                                  through 3) or based on the most recent                  from the 2018 harvest specification
                                                                                                                                                                Plan for Groundfish of the Gulf of
                                                  5 years of harvests (for species in Tiers               TACs, with the exception of
                                                                                                                                                                Alaska. The intended effect of this
                                                  4 through 6). This alternative is                       modifications for TACs for five species,
                                                                                                                                                                action is to conserve and manage the
                                                  inconsistent with the objectives of this                and because the sum of all TACs
                                                                                                                                                                groundfish resources in the GOA in
                                                  action (as reflected in Alternative 2, the              remains within the upper limit of OY
                                                                                                                                                                accordance with the Magnuson-Stevens
                                                  Council’s preferred harvest strategy)                   for the BSAI of 2.0 million mt, NMFS
                                                                                                                                                                Fishery Conservation and Management
                                                  because it does not take account of the                 does not expect adverse impacts on
                                                                                                                                                                Act.
                                                  most recent biological information for                  small entities. Also, NMFS does not
                                                  this fishery. NMFS annually conducts                    expect any changes made by the Council                DATES:  Comments must be received by
                                                  at-sea stock surveys for different                      in December 2017 to be large enough to                January 8, 2018.
                                                  species, as well as statistical modeling,               have an impact on small entities.                     ADDRESSES: Submit comments on this
                                                  to estimate stock sizes and permissible                   This action does not modify                         document, identified by NOAA–NMFS–
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  harvest levels. Actual harvest rates or                 recordkeeping or reporting                            2017–0107, by either of the following
                                                  harvest amounts are a component of                      requirements, or duplicate, overlap, or               methods:
                                                  these estimates, but in and of                          conflict with any Federal rules.                        • Federal e-Rulemaking Portal: Go to
                                                  themselves may not accurately portray                     Adverse impacts on marine mammals                   www.regulations.gov/
                                                  stock sizes and conditions. Harvest rates               resulting from fishing activities                     #!docketDetail;D=NOAA-NMFS-2017-
                                                  are listed for each species category for                conducted under these harvest                         0107, click the ‘‘Comment Now!’’ icon,
                                                  each year in the SAFE report (see                       specifications are discussed in the Final             complete the required fields, and enter
                                                  ADDRESSES).                                             EIS (see ADDRESSES), and in the 2017                  or attach your comments.


                                             VerDate Sep<11>2014   18:45 Dec 07, 2017   Jkt 244001   PO 00000   Frm 00039   Fmt 4702   Sfmt 4702   E:\FR\FM\08DEP1.SGM   08DEP1



Document Created: 2017-12-08 01:43:21
Document Modified: 2017-12-08 01:43:21
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 8, 2018.
ContactSteve Whitney, 907-586-7228.
FR Citation82 FR 57906 
RIN Number0648-XF63

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