83 FR 62794 - Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; 2019 and 2020 Harvest Specifications for Groundfish
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 234 (December 6, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 234 (December 6, 2018)
| Page Range | 62794-62814 | |
| FR Document | 2018-26390 |
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)] [Proposed Rules] [Pages 62794-62814] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26390] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 180831813-8813-01] RIN 0648-XG471 Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; 2019 and 2020 Harvest Specifications for Groundfish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes 2019 and 2020 harvest specifications, apportionments, and Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits for groundfish during the 2019 and 2020 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska. The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act. DATES: Comments must be received by January 7, 2019. ADDRESSES: Submit comments on this document, identified by NOAA-NMFS- 2018-0103, by either of the following methods:Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0103, 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) for the Final EIS, the annual Supplementary Information Reports (SIRs) to the Final EIS, and the Initial Regulatory Flexibility Analysis (IRFA) prepared for this action may be obtained from http://www.regulations.gov or from the Alaska Region website at https://alaskafisheries.noaa.gov. An updated SIR for the final 2019 and 2020 harvest specifications will be available from the same sources. The final 2017 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the GOA, dated November 2017, is available from the North Pacific Fishery Management Council (Council) at 605 West 4th Avenue, Suite 306, Anchorage, AK 99501, phone 907-271-2809, or from the Council's website at http://www.npfmc.org. The 2018 SAFE report for the GOA will be available from the same source. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in the exclusive economic zone (EEZ) of the GOA under the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council prepared the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, et seq. Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600, 679, and 680. The FMP and its implementing regulations require NMFS, after consultation with the Council, to specify the total allowable catch (TAC) for each target species, the sum of which must be within the optimum yield (OY) range of 116,000 to 800,000 metric tons (mt) (Sec. 679.20(a)(1)(i)(B)). Section 679.20(c)(1) further requires NMFS to publish and solicit public comment on proposed annual TACs and apportionments thereof, Pacific halibut prohibited species catch (PSC) limits, and seasonal allowances of pollock and Pacific cod. The proposed harvest specifications in Tables 1 through 19 of this rule satisfy these requirements. For 2019 and 2020, the sum of the proposed TAC amounts is 375,280 mt. Under Sec. 679.20(c)(3), NMFS will publish the final 2019 and 2020 harvest specifications after (1) considering comments received within the comment period (see DATES), (2) consulting with the Council at its December 2018 meeting, (3) considering information presented in the 2019 SIR that assesses the need to prepare a Supplemental EIS (see ADDRESSES), and (4) considering information presented in the final 2018 SAFE report prepared for the 2019 and 2020 groundfish fisheries. Other Actions Affecting or Potentially Affecting the 2019 and 2020 Harvest Specifications Amendment 106: Reclassify Squid as an Ecosystem Species On July 6, 2018, NMFS published the final rule to implement Amendment 106 to the FMP (83 FR 31460). This rule reclassified 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. Accordingly, NMFS will no longer set an Overfishing Level (OFL), acceptable biological catch (ABC), and TAC for squid in the GOA groundfish harvest specifications, beginning with the proposed 2019 and 2020 harvest specifications. Amendment 106 prohibits directed fishing for squid, while maintaining recordkeeping and reporting requirements for squid. Amendment 106 also establishes a squid maximum retainable amount when directed fishing for groundfish species at 20 percent to discourage targeting squid species. Rulemaking To Prohibit Directed Fishing for American Fisheries Act (AFA) and Crab Rationalization (CR) Program Sideboard Limits On August 16, 2018, NMFS published a proposed rule (83 FR 40733) that would modify regulations for the AFA Program and CR Program participants subject to limits on the catch of specific species (sideboard limits) in the GOA. Sideboard limits are intended to prevent participants who benefit from receiving exclusive harvesting privileges in a particular fishery from shifting effort into other fisheries. Specifically, the proposed rule would primarily establish regulations to prohibit directed fishing for sideboard [[Page 62795]] limits for specific groundfish species or species groups, rather than prohibiting directed fishing for AFA and CR Program sideboard limits through the GOA annual harvest specifications. The proposed rule would streamline and simplify NMFS's management of applicable groundfish sideboard limits. Currently, NMFS calculates numerous AFA Program and CR Program sideboard limits as part of the annual GOA groundfish harvest specifications process and publishes these limits in the Federal Register. Concurrently, NMFS prohibits directed fishing for the majority of the groundfish sideboard limits because most limits are too small to support directed fishing. Rather than continue this annual process, this action proposes to revise regulations to prohibit directed fishing in regulation for most AFA Program and CR Program groundfish sideboard limits. NMFS would no longer calculate and publish AFA Program and CR Program sideboard limit amounts for most groundfish species in the annual GOA harvest specifications. If the final rulemaking implementing these changes is effective prior to the publication of the final 2019 and 2020 harvest specifications, NMFS would no longer publish the majority of the sideboard limits contained in Tables 13 and 15 of this proposed action. Proposed ABC and TAC Specifications At the October 2018 Council meeting, the Council, its Scientific and Statistical Committee (SSC), and its Advisory Panel (AP) reviewed the most recent biological and harvest information about the condition of groundfish stocks in the GOA. This information was compiled by the GOA Groundfish Plan Team (Plan Team) and presented in the final 2017 SAFE report for the GOA groundfish fisheries, dated November 2017 (see ADDRESSES). The SAFE report contains a review of the latest scientific analyses and estimates of each species' biomass and other biological parameters, as well as summaries of the available information on the GOA ecosystem and the economic condition of the groundfish fisheries off Alaska. From these data and analyses, the Plan Team recommends--and the SSC sets--an OFL and ABC for each species or species group. The amounts proposed for the 2019 and 2020 OFLs and ABCs are based on the 2017 SAFE report. The AP and Council recommended that the proposed 2019 and 2020 TACs be set equal to proposed ABCs for all species and species groups, with the exception of the species categories further discussed below. The proposed OFLs, ABCs, and TACs could be changed in the final harvest specifications depending on the most recent scientific information contained in the final 2018 SAFE report. The draft stock assessments that will comprise, in part, the 2018 SAFE report are available at https://www.npfmc.org/fishery-management-plan-team/goa-bsai-groundfish-plan-team/. The final SAFE report will be available from the same source. In November 2018, the Plan Team will update the 2017 SAFE report to include new information collected during 2018, such as NMFS stock surveys, revised stock assessments, and catch data. The Plan Team will compile this information and present the draft 2018 SAFE report at the December 2018 Council meeting. At that meeting, the SSC and the Council will review the 2018 SAFE report, and the Council will approve the 2018 SAFE report. The Council will consider information in the 2018 SAFE report, recommendations from the November 2018 Plan Team meeting and December 2018 SSC and AP meetings, public testimony, and relevant written public comments in making its recommendations for the final 2019 and 2020 harvest specifications. Pursuant to Sec. 679.20(a)(2) and (3), the Council could recommend adjusting the TACs if warranted based on the biological condition of groundfish stocks or a variety of socioeconomic considerations, or if required to cause the sum of TACs to fall within the optimum yield range. In previous years, the most significant changes (relative to the amount of assessed tonnage of fish) to the OFLs and ABCs from the proposed to the final harvest specifications have been based on the most recent NMFS stock surveys. These surveys provide updated estimates of stock biomass and spatial distribution, and changes to the models used for producing stock assessments. NMFS scientists presented updated and new survey results, potential changes to assessment models, and accompanying, preliminary stock estimates at the September 2018 Plan Team meeting, and the SSC reviewed this information at the October 2018 Council meeting. The species with possible significant model changes are demersal shelf rockfish, northern rockfish, thornyhead rockfish, and sharks. Model changes can result in changes to final OFLs, ABCs, and TACs. In November 2018, the Plan Team will consider updated stock assessments for groundfish, which will be included in the draft 2018 SAFE report. If the 2018 SAFE report indicates that the stock biomass trend is increasing for a species, then the final 2019 and 2020 harvest specifications for that species may reflect an increase from the proposed harvest specifications. Conversely, if the 2018 SAFE report indicates that the stock biomass trend is decreasing for a species, then the final 2019 and 2020 harvest specifications may reflect a decrease from the proposed harvest specifications. The proposed 2019 and 2020 OFLs, ABCs, and TACs are based on the best available biological and socioeconomic information, including projected biomass trends, information on assumed distribution of stock biomass, and revised technical methods used to calculate stock biomass. The FMP specifies the tiers to be used to compute OFLs and ABCs. The tiers applicable to a particular stock or stock complex are determined by the level of reliable information available to the fisheries scientists. This information is categorized into a successive series of six tiers to define OFL and ABC amounts, with Tier 1 representing the highest level of information quality available and Tier 6 representing the lowest level of information quality available. The Plan Team used the FMP tier structure to calculate OFLs and ABCs for each groundfish species. The SSC adopted the proposed 2019 and 2020 OFLs and ABCs recommended by the Plan Team for all groundfish species. The Council adopted the SSC's OFL and ABC recommendations and the AP's TAC recommendations. These amounts have changed from the final 2019 harvest specifications published in the Federal Register on March 1, 2018 (83 FR 8768) as a result of the removal of squid as a specified species. This results in an OFL reduction of 1,516 mt, and ABC and TAC reductions of 1,137 mt. Specification and Apportionment of TAC Amounts The Council recommended proposed 2019 and 2020 TACs that are equal to proposed ABCs for all species and species groups, with the exception of pollock in the Western and Central GOA and the West Yakutat District of the Eastern GOA, Pacific cod, shallow-water flatfish in the Western GOA, arrowtooth flounder, flathead sole in the Western and Central GOA, ``other rockfish'' in Southeast Outside (SEO) District, and Atka mackerel. The combined Western, Central, and West Yakutat pollock TACs and GOA Pacific cod TACs are set to account for the State of Alaska's (State's) guideline harvest levels (GHLs) for the State water pollock and Pacific cod fisheries so that the ABCs are not exceeded. The shallow-water flatfish, arrowtooth flounder, and flathead sole [[Page 62796]] TACs are set to allow for increased harvest opportunities for these target species while conserving the halibut PSC limit for use in other fisheries. The ``other rockfish'' TAC is set to reduce the potential amount of discards of the species in that complex. The Atka mackerel TAC is set to accommodate incidental catch amounts in other fisheries. These reductions are described below. NMFS' proposed apportionments of groundfish species are based on the distribution of biomass among the regulatory areas under which NMFS manages the species. Additional regulations govern the apportionment of pollock, Pacific cod, and sablefish. Additional detail on these apportionments are described below, and briefly summarized here. The ABC for the pollock stock in the combined Western and Central Regulatory Areas and the West Yakutat District of the Eastern Regulatory Area (W/C/WYK) includes the amount for the GHL established by the State for the Prince William Sound (PWS) pollock fishery. The Plan Team, SSC, AP, and Council recommended that the sum of all State water and Federal water pollock removals from the GOA not exceed ABC recommendations. For 2019 and 2020, the SSC recommended and the Council recommended the combined W/C/WYK pollock ABC, including the amount to account for the State's PWS GHL. At the November 2017 Plan Team meeting, State fisheries managers recommended setting the PWS GHL at 2.5 percent of the annual W/C/WYK pollock ABC. For 2019, this yields a PWS pollock GHL of 2,664 mt, a decrease from the 2018 PWS GHL of 4,037 mt. After accounting for PWS GHL, the 2019 and 2020 pollock ABC for the combined W/C/WYK areas is then apportioned between four statistical areas (Areas 67, 620, 630, and 640) as both ABCs and TACs, as described below and detailed in Table 1. The total ABCs and TACs for the four statistical areas, plus the State GHL, do not exceed the combined W/C/ WYK ABC. The proposed W/C/WYK 2019 and 2020 pollock ABC is 106,569 mt, and the proposed TAC is 103,905 mt. Apportionments of pollock to the W/C/WYK management areas are considered to be ``apportionments of annual catch limit (ACLs)'' rather than ``ABCs.'' This more accurately reflects that such apportionments address management, rather than biological or conservation, concerns. In addition, apportionments of the ACL in this manner allow NMFS to balance any transfer of TAC among Areas 67, 620, and 630 pursuant to Sec. 679.20(a)(5)(iv)(B) to ensure that the combined W/C/WYK ACL, ABC, and TAC are not exceeded. NMFS proposes pollock TACs in the Western (Area 610), Central (Areas 620 and 630), and the West Yakutat District (Area 640) and the SEO District (Area 650) of the Eastern Regulatory Area of the GOA (see Table 1). NMFS also proposes seasonal apportionment of the annual pollock TAC in the Western and Central Regulatory Areas of the GOA between Statistical Areas 67, 620, and 630. These apportionments are divided equally among each of the following four seasons: the A season (January 20 through March 10), the B season (March 10 through May 31), the C season (August 25 through October 1), and the D season (October 1 through November 1) (Sec. Sec. 679.23(d)(2)(i) through (iv), and 679.20(a)(5)(iv)(A) and (B)). Additional detail is provided below; Table 2 lists these amounts. The proposed 2019 and 2020 Pacific cod TACs are set to accommodate the State's GHLs for Pacific cod in State waters in the Western and Central Regulatory Areas, as well as in PWS. The Plan Team, SSC, AP, and Council recommended that the sum of all State water and Federal water Pacific cod removals from the GOA not exceed ABC recommendations. Therefore, the proposed 2019 and 2020 Pacific cod TACs are less than the proposed ABCs by the following amounts: (1) Western GOA, 2,290 mt; (2) Central GOA, 1,917 mt; and (3) Eastern GOA, 425 mt. These amounts reflect the State's 2019 and 2020 GHLs in these areas, which are 30 percent of the Western GOA proposed ABC, and 25 percent of the Eastern and Central GOA proposed ABCs. NMFS proposes Pacific cod TACs in the Western, Central, and Eastern GOA (see Table 1). NMFS also proposes seasonal apportionments of the Pacific cod TAC in the Western and Central Regulatory Areas. Sixty percent of the annual TAC is apportioned to the A season for hook-and- line, pot, and jig gear from January 1 through June 7, and for trawl gear from January 20 through June 10. Forty percent of the annual TAC is apportioned to the B season for jig gear from June 10 through December 31, for hook-and-line and pot gear from September 1 through December 31, and for trawl gear from September 1 through November 1 (Sec. Sec. 679.23(d)(3) and 679.20(a)(12)). The Western and Central GOA Pacific cod TACs are allocated among various gear and operational sectors. Additional detail is provided below; Table 3 lists the amounts apportioned to each sector. The Council's recommendation for sablefish area apportionments takes into account the prohibition on the use of trawl gear in the SEO District of the Eastern Regulatory Area (Sec. 679.7(b)(1)) and makes available 5 percent of the combined Eastern Regulatory Area TACs to vessels using trawl gear for use as incidental catch in other trawl groundfish fisheries in the WYK District (Sec. 679.20(a)(4)(i)). Additional detail is provided below. Tables 4 and 5 list the proposed 2019 and 2020 allocations of the sablefish TAC to fixed gear and trawl gear in the GOA. For 2019 and 2020, the Council recommends and NMFS proposes the OFLs, ABCs, and TACs listed in Table 1. The proposed ABCs reflect harvest amounts that are less than the specified overfishing levels. Table 1 lists the proposed 2019 and 2020 OFLs, ABCs, TACs, and area apportionments of groundfish in the GOA. These amounts are consistent with the biological condition of groundfish stocks as described in the 2017 SAFE report, and adjusted for other biological and socioeconomic considerations, including maintaining the total TAC within the required OY range. The sum of the proposed TACs for all GOA groundfish is 375,280 mt for 2019 and 2020, which is within the OY range specified by the FMP. These proposed amounts and apportionments by area, season, and sector are subject to change pending consideration of the 2018 SAFE report and the Council's recommendations for the final 2019 and 2020 harvest specifications during its December 2018 meeting. Table 1--Proposed 2019 and 2020 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat, Western, Central, and Eastern Regulatory Areas, the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, and Gulfwide District of the Gulf of Alaska [Values are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- Species Area \1\ OFL ABC TAC \2\ ---------------------------------------------------------------------------------------------------------------- Pollock \2\........................... Shumagin (610).......... n/a 19,921 19,921 [[Page 62797]] Chirikof (620).......... n/a 52,459 52,459 Kodiak (630)............ n/a 27,016 27,016 WYK (640)............... n/a 4,509 4,509 W/C/WYK (subtotal)...... 131,170 106,569 103,905 SEO (650)............... 11,697 8,773 8,773 ----------------------------------------------- Total................... 142,867 115,341 112,678 Pacific cod \3\....................... W....................... n/a 7,633 5,343 C....................... n/a 7,667 5,750 E....................... n/a 1,700 1,275 ----------------------------------------------- Total................... 21,412 17,000 12,368 Sablefish \4\......................... W....................... n/a 2,174 2,174 C....................... n/a 7,260 7,260 WYK..................... n/a 2,573 2,573 SEO..................... n/a 4,187 4,187 E (WYK and SEO) n/a 6,760 6,760 (subtotal). ----------------------------------------------- Total................... 35,989 16,194 16,194 Shallow-water flatfish \5\............ W....................... n/a 25,544 13,250 C....................... n/a 25,655 25,655 WYK..................... n/a 2,272 2,272 SEO..................... n/a 1,951 1,951 ----------------------------------------------- Total................... 68,114 55,422 43,128 Deep-water flatfish \6\............... W....................... n/a 416 416 C....................... n/a 3,442 3,442 WYK..................... n/a 3,279 3,279 SEO..................... n/a 2,361 2,361 ----------------------------------------------- Total................... 11,431 9,499 9,499 Rex sole.............................. W....................... n/a 2,909 2,909 C....................... n/a 8,236 8,236 WYK..................... n/a 1,657 1,657 SEO..................... n/a 1,727 1,727 ----------------------------------------------- Total................... 17,692 14,529 14,529 Arrowtooth flounder................... W....................... n/a 35,844 14,500 C....................... n/a 70,700 48,000 WYK..................... n/a 15,845 6,900 SEO..................... n/a 22,845 6,900 ----------------------------------------------- Total................... 173,872 145,234 76,300 Flathead sole......................... W....................... n/a 13,222 8,650 C....................... n/a 21,087 15,400 WYK..................... n/a 2,013 2,013 SEO..................... n/a 424 424 ----------------------------------------------- Total................... 44,822 36,746 26,487 Pacific ocean perch \7\............... W....................... n/a 3,240 3,240 C....................... n/a 19,678 19,678 WYK..................... n/a 3,298 3,298 W/C/WYK................. 31,170 26,216 26,216 SEO..................... 2,840 2,389 2,389 ----------------------------------------------- Total................... 34,010 28,605 28,605 Northern rockfish \8\................. W....................... n/a 382 382 C....................... n/a 2,965 2,965 E....................... n/a 3 .............. ----------------------------------------------- Total................... 3,984 3,350 3,347 Shortraker rockfish \9\............... W....................... n/a 44 44 C....................... n/a 305 305 E....................... n/a 514 514 ----------------------------------------------- Total................... 1,151 863 863 Dusky rockfish \10\................... W....................... n/a 135 135 C....................... n/a 3,246 3,246 WYK..................... n/a 215 215 [[Page 62798]] SEO..................... n/a 72 72 ----------------------------------------------- Total................... 4,488 3,668 3,668 Rougheye and blackspotted rockfish W....................... n/a 174 174 \11\. C....................... n/a 550 550 E....................... n/a 703 703 ----------------------------------------------- Total................... 1,715 1,427 1,427 Demersal shelf rockfish \12\.......... SEO..................... 394 250 250 Thornyhead rockfish \13\.............. W....................... n/a 344 344 C....................... n/a 921 921 E....................... n/a 773 773 ----------------------------------------------- Total................... 2,717 2,038 2,038 Other rockfish 14 15.................. W/C combined............ n/a 1,737 1,737 WYK..................... n/a 368 368 SEO..................... n/a 3,488 200 ------------------------------------------------------------------------- Total................... 7,356 5,593 2,305 Atka mackerel......................... GW...................... 6,200 4,700 3,000 Big skates \16\....................... W....................... n/a 504 504 C....................... n/a 1,774 1,774 E....................... n/a 570 570 ----------------------------------------------- Total................... 3,797 2,848 2,848 Longnose skates \17\.................. W....................... n/a 149 149 C....................... n/a 2,804 2,804 E....................... n/a 619 619 ----------------------------------------------- Total................... 4,763 3,572 3,572 Other skates \18\..................... GW...................... 1,845 1,384 1,384 Sculpins.............................. GW...................... 6,958 5,301 5,301 Sharks................................ GW...................... 6,020 4,514 4,514 Octopuses............................. GW...................... 1,300 975 975 =============================================== Total \19\........................ ........................ 602,897 479,050 375,280 ---------------------------------------------------------------------------------------------------------------- \1\ Regulatory areas and districts are defined at Sec. 679.2. (W=Western Gulf of Alaska; C=Central Gulf of Alaska; E=Eastern Gulf of Alaska; WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide). \2\ The total for the W/C/WYK management area pollock ABC is 106,569 mt. After deducting 2.5 percent (2,664 mt) of that ABC for the State's pollock GHL fishery, the remaining pollock ABC of 103,905 mt (for the W/C/WYK management areas) is apportioned among four statistical areas (Areas 67, 620, 630, and 640). These apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes. The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 2. In the West Yakutat (Area 640) and Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances. \3\ The annual Pacific cod TAC is apportioned 60 percent to the A season and 40 percent to the B season in the Western and Central Regulatory Areas of the GOA. Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the offshore component. Table 3 lists the proposed 2019 and 2020 Pacific cod seasonal apportionments. \4\ Sablefish is allocated to fixed and trawl gear in 2019 and trawl gear in 2020. Tables 4 and 5 list the proposed 2019 and 2020 allocations of sablefish TACs. \5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or arrowtooth flounder. \6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deep-sea sole. \7\ ``Pacific ocean perch'' means Sebastes alutus. \8\ ``Northern rockfish'' means Sebastes polyspinous. For management purposes the 3 mt apportionment of ABC to the WYK District of the Eastern Regulatory Area has been included in the other rockfish species group. \9\ ``Shortraker rockfish'' means Sebastes borealis. \10\ ``Dusky rockfish'' means Sebastes variabilis. \11\ ``Rougheye and blackspotted rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted). \12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). \13\ ``Thornyhead rockfish'' means Sebastes species. \14\ ``Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, ``other rockfish'' also includes northern rockfish (S. polyspinous). \15\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District of the Eastern Regulatory Area means all rockfish species included in the ``other rockfish'' and demersal shelf rockfish categories. The ``other rockfish'' species group in the SEO District only includes other rockfish. \16\ ``Big skates'' means Raja binoculata. \17\ ``Longnose skates'' means Raja rhina. \18\ ``Other skates'' means Bathyraja and Raja spp. [[Page 62799]] \19\ On July 6, 2018, the final rule to implement Amendment 106 to the FMP was published (83 FR 31460). This rule reclassified 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. NMFS will no longer set an OFL, ABC, and TAC for squid in the GOA groundfish harvest specifications, beginning with the proposed 2019 and 2020 harvest specifications. Proposed Apportionment of Reserves Section 679.20(b)(2) requires NMFS to set aside 20 percent of each TAC for pollock, Pacific cod, flatfish, sculpins, sharks, and octopuses in reserves for possible apportionment at a later date during the fishing year. Section 679.20(b)(3) authorizes NMFS to reapportion all or part of these reserves. In 2018, NMFS reapportioned all of the reserves in the final harvest specifications. For 2019 and 2020, NMFS proposes reapportionment of each of the reserves for pollock, Pacific cod, flatfish, sculpins, sharks, and octopuses back into the original TAC from which the reserve was derived. NMFS expects, based on recent harvest patterns, that such reserves are not necessary and the entire TAC for each of these species will be caught. The TACs in Table 1 reflect this proposed reapportionment of reserve amounts for these species and species groups, i.e., each proposed TAC for the above- mentioned species or species groups contains the full TAC recommended by the Council. Proposed Apportionments of Pollock TAC Among Seasons and Regulatory Areas, and Allocations for Processing by Inshore and Offshore Components In the GOA, pollock is apportioned by season and area, and is further allocated for processing by inshore and offshore components. Pursuant to Sec. 679.20(a)(5)(iv)(B), the annual pollock TAC specified for the Western and Central Regulatory Areas of the GOA is apportioned into four equal seasonal allowances of 25 percent. As established by Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 through March 7, March 10 through May 31, August 25 through October 1, and October 1 through November 1, respectively. Pollock TACs in the Western and Central Regulatory Areas of the GOA are apportioned among Statistical Areas 67, 620, and 630 in proportion to the distribution of pollock biomass, pursuant to Sec. 679.20(a)(5)(iv)(A). In the A and B seasons, the apportionments had historically, since 2000, been based on the proportional distribution of pollock biomass based on the four most recent NMFS winter surveys. In the C and D seasons, the apportionments were in proportion to the distribution of pollock biomass based on the four most recent NMFS summer surveys. For 2019 and 2020, the Council recommends, and NMFS proposes, following the methodology that was used for the 2018 and 2019 harvest specifications. This methodology averages the winter and summer distribution of pollock in the Central Regulatory Area for the A season instead of using the distribution based on only the winter surveys. The average is intended to reflect the best available information about migration patterns, distribution of pollock, and the performance of the fishery in the area during the A season. For the A season, the apportionment is based on the proposed adjusted estimate of the relative distribution of pollock biomass of approximately 3 percent, 73 percent, and 24 percent in Statistical Areas 67, 620, and 630, respectively. For the B season, the apportionment is based on the relative distribution of pollock biomass of approximately 3 percent, 85 percent, and 11 percent in Statistical Areas 67, 620, and 630, respectively. For the C and D seasons, the apportionment is based on the relative distribution of pollock biomass of approximately 37 percent, 27 percent, and 37 percent in Statistical Areas 67, 620, and 630, respectively. The pollock chapter of the 2017 SAFE report (see ADDRESSES) contains a comprehensive description of the apportionment process and reasons for the minor changes from past apportionments. Within any fishing year, the amount by which a seasonal allowance is underharvested or overharvested may be added to, or subtracted from, subsequent seasonal allowances in a manner to be determined by the Regional Administrator (Sec. 679.20(a)(5)(iv)(B)). The rollover amount is limited to 20 percent of the seasonal TAC apportionment for the statistical area. Any unharvested pollock above the 20-percent limit could be further distributed to the subsequent season in other statistical areas, in proportion to the estimated biomass and in an amount no more than 20 percent of the seasonal TAC apportionment in those statistical areas (Sec. 679.20(a)(5)(iv)(B)). The proposed 2019 and 2020 pollock TACs in the WYK District of 4,509 mt and the SEO District of 8,773 mt are not allocated by season. Table 2 lists the proposed 2019 and 2020 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal allowances. The amounts of pollock for processing by the inshore and offshore components are not shown. Section 679.20(a)(6)(i) requires the allocation of 100 percent of the pollock apportionments in all regulatory areas and all seasonal allowances to vessels catching pollock for processing by the inshore component after subtraction of amounts projected by the Regional Administrator to be caught by, or delivered to, the offshore component incidental to directed fishing for other groundfish species. Thus, the amount of pollock available for harvest by vessels harvesting pollock for processing by the offshore component is that amount that will be taken as incidental catch during directed fishing for groundfish species other than pollock, up to the maximum retainable amounts allowed by Sec. [thinsp]679.20(e) and (f). At this time, the incidental catch amounts of pollock are unknown and will be determined during the 2019 fishing year during the course of fishing activities by the offshore component. Table 2--Proposed 2019 and 2020 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska; Seasonal Biomass Distribution, Area Apportionments; and Seasonal Allowances of Annual TAC \1\ [Values are rounded to the nearest metric ton] -------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------- Season \2\ Shumagin Chirikof Kodiak Total \3\ (Area 610) (Area 620) (Area 630) -------------------------------------------------------------------------------------------------------------------------------------------------------- A (Jan 20-Mar 10)....................... 869 (3.50%) 18,025 (72.54%) 5,955 (23.97%) 24,849 B (Mar 10-May 31)....................... 869 (3.50%) 21,219 (85.39%) 2,761 (11.11%) 24,849 --------------------------------------------------------------------------------------------------------------- [[Page 62800]] C (Aug 25-Oct 1)........................ 9,091 (36.59%) 6,608 (26.59%) 9,150 (36.82%) 24,849 --------------------------------------------------------------------------------------------------------------- D (Oct 1-Nov 1)......................... 9,091 (36.59%) 6,608 (26.59%) 9,150 (36.82%) 24,849 --------------------------------------------------------------------------------------------------------------- Annual Total........................ 19,921 .............. 52,459 .............. 27,016 .............. 99,395 -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Area apportionments and seasonal allowances may not total precisely due to rounding. \2\ As established by Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 through March 10, March 10 through May 31, August 25 through October 1, and October 1 through November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in this table. \3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table. Proposed Annual and Seasonal Apportionments of Pacific Cod TAC Pursuant to Sec. 679.20(a)(12)(i), NMFS proposes allocations for the 2019 and 2020 Pacific cod TACs in the Western and Central Regulatory Areas of the GOA among gear and operational sectors. NMFS also proposes allocating the 2019 and 2020 Pacific cod TACs annually between the inshore and offshore components in the Eastern Regulatory Area of the GOA (Sec. 679.20(a)(6)(ii)). In the Central GOA, the Pacific cod TAC is apportioned seasonally first to vessels using jig gear, and then among catcher vessels (CVs) less than 50 feet in length overall using hook-and-line gear, CVs equal to or greater than 50 feet in length overall using hook-and-line gear, catcher/processors (C/Ps) using hook-and-line gear, CVs using trawl gear, C/Ps using trawl gear, and vessels using pot gear (Sec. 679.20(a)(12)(i)(B)). In the Western GOA, the Pacific cod TAC is apportioned seasonally first to vessels using jig gear, and then among CVs using hook-and-line gear, C/Ps using hook-and-line gear, CVs using trawl gear, C/Ps using trawl gear, and vessels using pot gear (Sec. 679.20(a)(12)(i)(A)). The overall seasonal apportionments in the Western and Central GOA are 60 percent of the annual TAC to the A season and 40 percent of the annual TAC to the B season. Under Sec. 679.20(a)(12)(ii), any overage or underage of the Pacific cod allowance from the A season may be subtracted from, or added to, the subsequent B season allowance. In addition, any portion of the hook-and-line, trawl, pot, or jig sector allocations that is determined by NMFS as likely to go unharvested by a sector may be reallocated to other sectors for harvest during the remainder of the fishing year. Pursuant to Sec. 679.20(a)(12)(i)(A) and (B), a portion of the annual Pacific cod TACs in the Western and Central GOA will be allocated to vessels with a Federal fisheries permit that use jig gear before the TACs are apportioned among other non-jig sectors. In accordance with the FMP, the annual jig sector allocations may increase to up to 6 percent of the annual Western and Central GOA Pacific cod TACs, depending on the annual performance of the jig sector (see Table 1 of Amendment 83 to the FMP for a detailed discussion of the jig sector allocation process (76 FR 74670, December 1, 2011)). Jig sector allocation increases are established for a minimum of 2 years. NMFS has evaluated the historical harvest performance of the jig sector in the Western and Central GOA, and is establishing the proposed 2019 and 2020 Pacific cod apportionments to this sector based on its historical harvest performance through 2017. For 2019 and 2020, NMFS proposes that the jig sector receive 1.5 percent of the annual Pacific cod TAC in the Western GOA. This includes a base allocation of 1.5 percent and no additional performance increase. NMFS also proposes that the jig sector receive 1.0 percent of the annual Pacific cod TAC in the Central GOA. This includes a base allocation of 1.0 percent and no additional performance increase. The 2014-2017 Pacific cod jig allocations, catch, and percent allocation changes are listed in Figure 1. Figure 1--Summary of Western GOA and Central GOA Pacific Cod Catch by Jig Gear in 2014 Through 2017, and Corresponding Percent Allocation Changes -------------------------------------------------------------------------------------------------------------------------------------------------------- Initial Percent of Area Year percent of TAC Initial TAC Catch (mt) initial >90% of initial Change to percent allocation (%) allocation allocation (%) allocation? -------------------------------------------------------------------------------------------------------------------------------------------------------- WGOA................... 2014 2.5 573 785 137 Y Increase 1%. 2015 3.5 948 55 6 N None. 2016 3.5 992 52 5 N Decrease 1%. 2017 2.5 635 49 8 N Decrease 1%. -------------------------------------------------------------------------------------------------------------------------------------------------------- CGOA................... 2014 2.0 797 262 33 N Decrease 1%. 2015 1.0 460 355 77 N None. 2016 1.0 370 267 72 N None. 2017 1.0 331 18 6 N None. -------------------------------------------------------------------------------------------------------------------------------------------------------- NMFS will re-evaluate the annual 2018 harvest performance of the jig sector in the Western and Central GOA when the 2018 fishing year is complete to determine whether to change the jig sector allocations proposed by this action in conjunction with the final 2019 and 2020 harvest specifications. The current catch through October 2018 [[Page 62801]] by the Western GOA jig sector indicates that the Pacific cod allocation percentage to this sector would probably increase by 1 percent in 2019 (from 1.5 percent to 2.5 percent). Also, the current catch by the Central GOA jig sector indicates that this sector's Pacific cod allocation percentage would not change in 2019, and would remain at 1 percent. NMFS prohibited directed fishing for Pacific cod by vessels using jig gear in the Central GOA in 2018, due to the small apportionment of Pacific cod to this sector and the potential for the Central GOA jig sector to exceed the TAC, were directed fishing to be open. The jig sector allocations for the Western and Central GOA are further apportioned between the A (60 percent) and B (40 percent) seasons (Sec. Sec. 679.20(a)(12)(i) and 679.23(d)(3)(iii)). Table 3 lists the seasonal apportionments and allocations of the proposed 2019 and 2020 Pacific cod TACs. Table 3--Proposed 2019 and 2020 Seasonal Apportionments and Allocations of Pacific Cod TAC Amounts in the GOA; Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA for Processing by the Inshore and Offshore Components [Values are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- A Season B Season --------------------------------------------------------------- Annual Sector Sector Regulatory area and sector allocation percentage of Seasonal percentage of Seasonal (mt) annual non-jig allowances annual non-jig allowances TAC (mt) TAC (mt) ---------------------------------------------------------------------------------------------------------------- Western GOA Jig (1.5% of TAC)............... 80 N/A 48 N/A 23 Hook-and-line CV................ 74 0.70 37 0.70 37 Hook-and-line C/P............... 1,042 10.90 574 8.90 468 Trawl CV........................ 2,021 27.70 1,458 10.70 563 Trawl C/P....................... 126 0.90 47 1.50 79 Pot CV and Pot C/P.............. 2,000 19.80 1,042 18.20 958 ---------------------------------------------------------------------------------------------------------------- Total....................... 5,343 60.00 3,206 40.00 2,137 ---------------------------------------------------------------------------------------------------------------- Central GOA Jig (1.0% of TAC)............... 58 N/A 35 N/A 32 Hook-and-line <50 CV............ 831 9.32 530 5.29 301 Hook-and-line >=50 CV........... 382 5.61 319 1.10 62 Hook-and-line C/P............... 291 4.11 234 1.00 57 Trawl CV \1\.................... 2,367 21.13 1,203 20.45 1,164 Trawl C/P....................... 239 2.00 114 2.19 125 Pot CV and Pot C/P.............. 1,583 17.83 1,015 9.97 568 ---------------------------------------------------------------------------------------------------------------- Total....................... 5,750 60.00 3,450 40.00 2,300 ---------------------------------------------------------------------------------------------------------------- Eastern GOA..................... .............. Inshore (90% of Annual TAC) Offshore (10% of Annual TAC) ---------------------------------------------------------------------------------------------------------------- 1,275 1,148 128 ---------------------------------------------------------------------------------------------------------------- \1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 219 mt, of the annual Central GOA Pacific cod TAC. This apportionment percentage is specified in Table 28c to 50 CFR part 679. This apportionment is deducted from the Trawl CV B season allowance (see Table 8: Apportionments of Rockfish Secondary Species in the Central GOA). Proposed Allocations of the Sablefish TAC Amounts to Vessels Using Fixed Gear and Trawl Gear Section 679.20(a)(4)(i) and (ii) requires allocations of sablefish TACs for each of the regulatory areas and districts to fixed and trawl gear. In the Western and Central Regulatory Areas, 80 percent of each TAC is allocated to fixed gear, and 20 percent of each TAC is allocated to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is allocated to fixed gear, and 5 percent is allocated to trawl gear. The trawl gear allocation in the Eastern Regulatory Area may only be used to support incidental catch of sablefish, while directed fishing for other target species using trawl gear (Sec. 679.20(a)(4)(i)). In recognition of the prohibition against trawl gear in the SEO District of the Eastern Regulatory Area, the Council recommended and NMFS proposes specifying for incidental catch the allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC to trawl gear in the WYK District. The remainder of the WYK sablefish TAC is available to vessels using fixed gear. This proposed action allocates 100 percent of the sablefish TAC in the SEO District to vessels using fixed gear. This results in a proposed 2019 allocation of 338 mt to trawl gear and 2,235 mt to fixed gear in the WYK District, a proposed 2019 allocation of 4,187 mt to fixed gear in the SEO District, and a proposed 2020 allocation of 338 mt to trawl gear in the WYK District. Table 4 lists the allocations of the proposed 2019 sablefish TACs to fixed and trawl gear. Table 5 lists the allocations of the proposed 2020 sablefish TACs to trawl gear. The Council recommended that the trawl sablefish TAC be established for 2 years so that retention of incidental catch of sablefish by trawl gear could commence in January in the second year of the groundfish harvest specifications. Tables 4 and 5 list the proposed 2019 and 2020 trawl allocations, respectively. The Council recommended that the fixed gear sablefish TAC be established annually to ensure that the sablefish IFQ fishery is conducted concurrently with the halibut IFQ fishery and is based on the most recent survey information. Since there is an annual assessment for sablefish and the final harvest specifications are expected to be published before the IFQ season begins (typically, in early March), the Council [[Page 62802]] recommended that the fixed gear sablefish TAC be set annually, rather than for 2 years, so that the best available scientific information could be considered in establishing the sablefish ABCs and TACs. Accordingly, Table 4 lists the proposed 2019 fixed gear allocations, and the 2020 fixed gear allocations will be specified in the 2020 and 2021 harvest specifications. With the exception of the trawl allocations that are provided to the Rockfish Program cooperatives (see Table 28c to 50 CFR part 679), directed fishing for sablefish with trawl gear is closed during the fishing year. Also, fishing for groundfish with trawl gear is prohibited prior to January 20. Therefore, it is not likely that the sablefish allocation to trawl gear would be reached before the effective date of the final 2019 and 2020 harvest specifications. Table 4--Proposed 2019 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Fixed and Trawl Gear [Values are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- Fixed gear Trawl Area/district TAC allocation allocation ---------------------------------------------------------------------------------------------------------------- Western......................................................... 2,174 1,739 435 Central \1\..................................................... 7,260 5,808 1,452 West Yakutat \2\................................................ 2,573 2,235 338 Southeast Outside............................................... 4,187 4,187 0 Total....................................................... 16,194 13,969 2,225 ---------------------------------------------------------------------------------------------------------------- \1\ The trawl allocation to the Central Regulatory Area is further reduced by the sablefish apportioned to the Rockfish Program cooperatives (747 mt). See Table 8: Apportionments of Rockfish Secondary Species in the Central GOA. This results in 705 mt being available for the non-Rockfish Program trawl fisheries. \2\ The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District. Table 5--Proposed 2020 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\ [Values are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- Trawl Area/district TAC Fixed gear allocation allocation ---------------------------------------------------------------------------------------------------------------- Western....................................... 2,174 n/a............................. 435 Central \2\................................... 7,260 n/a............................. 1,452 West Yakutat \3\.............................. 2,573 n/a............................. 338 Southeast Outside............................. 4,187 n/a............................. 0 Total..................................... 16,194 n/a............................. 2,225 ---------------------------------------------------------------------------------------------------------------- \1\ The Council recommended that harvest specifications for the fixed gear sablefish Individual Fishing Quota fisheries be limited to 1 year. \2\ The trawl allocation to the Central Regulatory Area is further reduced by the sablefish apportioned to the Rockfish Program cooperatives (747 mt). See Table 8: Apportionments of Rockfish Secondary Species in the Central GOA. This results in 705 mt being available for the non-Rockfish Program trawl fisheries. \3\ The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District. Proposed Allocations, Apportionments, and Sideboard Limitations for the Rockfish Program These proposed 2019 and 2020 harvest specifications for the GOA include the fishery cooperative allocations and sideboard limitations established by the Rockfish Program. Program participants are primarily trawl CVs and trawl C/Ps, with limited participation by vessels using longline gear. The Rockfish Program assigns quota share and cooperative quota to participants for primary species (Pacific ocean perch, northern rockfish, and dusky rockfish) and secondary species (Pacific cod, rougheye rockfish, sablefish, shortraker rockfish, and thornyhead rockfish), allows a participant holding a license limitation program (LLP) license with rockfish quota share to form a rockfish cooperative with other persons, and allows holders of C/P LLP licenses to opt out of the fishery. The Rockfish Program also has an entry level fishery for rockfish primary species for vessels using longline gear. Longline gear includes hook-and-line, jig, troll, and handline gear. Under the Rockfish Program, rockfish primary species in the Central GOA are allocated to participants after deducting for incidental catch needs in other directed groundfish fisheries (Sec. 679.81(a)(2)). Participants in the Rockfish Program also receive a portion of the Central GOA TAC of specific secondary species. Besides groundfish species, the Rockfish Program allocates a portion of the halibut PSC limit (191 mt) from the third season deep-water species fishery allowance for the GOA trawl fisheries to Rockfish Program participants (Sec. 679.81(d) and Table 28d to 50 CFR part 679). The Rockfish Program also establishes sideboard limits to restrict the ability of harvesters that operate under the Rockfish Program to increase their participation in other, non-Rockfish Program fisheries. These restrictions, as well as halibut PSC limits, are discussed in a subsequent section titled ``Rockfish Program Groundfish Sideboard and Halibut PSC Limitations.'' Section 679.81(a)(2)(ii) and Table 28e to 50 CFR part 679 require allocations of 5 mt of Pacific ocean perch, 5 mt of northern rockfish, and 50 mt of dusky rockfish to the entry level longline fishery in 2019 and 2020. The allocation for the entry level longline fishery may increase incrementally each year if the catch exceeds 90 percent of the allocation of a species. The incremental increase in the allocation would continue each year until it reaches the maximum percentage of the TAC for that species. In 2018, the catch for all three primary species did not exceed 90 percent of any allocated rockfish species. Therefore, NMFS is not proposing any increases to the entry [[Page 62803]] level longline fishery 2019 and 2020 allocations in the Central GOA. The remainder of the TACs for the rockfish primary species would be allocated to the CV and C/P cooperatives (Sec. 679.81(a)(2)(iii)). Table 6 lists the allocations of the proposed 2019 and 2020 TACs for each rockfish primary species to the entry level longline fishery, the potential incremental increases for future years, and the maximum percentages of the TAC for the entry level longline fishery. Table 6--Proposed 2019 and 2020 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery in the Central Gulf of Alaska ---------------------------------------------------------------------------------------------------------------- Incremental increase in 2020 if >=90 percent of Up to maximum Rockfish primary species 2019 and 2020 allocations 2019 allocation is percent of each harvested TAC of: ---------------------------------------------------------------------------------------------------------------- Pacific ocean perch.................... 5 metric tons............ 5 metric tons............ 1% Northern rockfish...................... 5 metric tons............ 5 metric tons............ 2% Dusky rockfish......................... 50 metric tons........... 20 metric tons........... 5% ---------------------------------------------------------------------------------------------------------------- Section 679.81 requires allocations of rockfish primary species among various sectors of the Rockfish Program. Table 7 lists the proposed 2019 and 2020 allocations of rockfish primary species in the Central GOA to the entry level longline fishery, and rockfish CV and C/ P cooperatives in the Rockfish Program. NMFS also proposes setting aside incidental catch amounts (ICAs) for other directed fisheries in the Central GOA of 4,000 mt of Pacific ocean perch, 300 mt of northern rockfish, and 250 mt of dusky rockfish. These amounts are based on recent average incidental catches in the Central GOA by other groundfish fisheries. Allocations among vessels belonging to CV or C/P cooperatives are not included in these proposed harvest specifications. Rockfish Program applications for CV cooperatives and C/P cooperatives are not due to NMFS until March 1 of each calendar year; therefore, NMFS cannot calculate 2019 and 2020 allocations in conjunction with these proposed harvest specifications. NMFS will post the 2019 allocations on the Alaska Region website at http://alaskafisheries.noaa.gov/fisheries/central-goa-rockfish-program when they become available after March 1. Table 7--Proposed 2019 and 2020 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the Entry Level Longline Fishery and Rockfish Cooperatives in the Rockfish Program [Values are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- Incidental Allocation to Allocation to Central GOA catch the entry the rockfish Rockfish primary species TAC allowance TAC minus ICA level longline cooperatives (ICA) \1\ fishery \2\ ---------------------------------------------------------------------------------------------------------------- Pacific ocean perch............. 19,678 4,000 15,678 5 15,673 Northern rockfish............... 2,965 300 2,665 5 2,660 Dusky rockfish.................. 3,246 250 2,996 50 2,946 ------------------------------------------------------------------------------- Total....................... 25,889 4,550 21,339 60 21,279 ---------------------------------------------------------------------------------------------------------------- \1\ Longline gear includes hook-and-line, jig, troll, and handline gear (Sec. 679.2). \2\ Rockfish cooperatives include vessels in CV and C/P cooperatives (Sec. 679.81). Section 679.81(c) and Table 28c to 50 CFR part 679 requires allocations of rockfish secondary species to CV and C/P cooperatives in the Central GOA. CV cooperatives receive allocations of Pacific cod, sablefish from the trawl gear allocation, and thornyhead rockfish. C/P cooperatives receive allocations of sablefish from the trawl allocation, rougheye rockfish, shortraker rockfish, and thornyhead rockfish. Table 8 lists the apportionments of the proposed 2019 and 2020 TACs of rockfish secondary species in the Central GOA to CV and C/ P cooperatives. Table 8--Proposed 2019 and 2020 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher Vessel and Catcher/Processor Cooperatives [Values are in metric tons] ---------------------------------------------------------------------------------------------------------------- Catcher vessel cooperatives Catcher/processor cooperatives Central GOA --------------------------------------------------------------- Rockfish secondary species annual TAC Percentage of Apportionment Percentage of Apportionment TAC (mt) TAC (mt) ---------------------------------------------------------------------------------------------------------------- Pacific cod..................... 5,750 3.81 219 0.0 0 Sablefish....................... 7,260 6.78 492 3.51 255 Shortraker rockfish............. 305 0.0 0 40.00 122 Rougheye rockfish............... 550 0.0 0 58.87 324 Thornyhead rockfish............. 921 7.84 72 26.50 244 ---------------------------------------------------------------------------------------------------------------- [[Page 62804]] Halibut PSC Limits Section 679.21(d) establishes annual halibut PSC limit apportionments to trawl and hook-and-line gear, and authorizes the establishment of apportionments for pot gear. In October 2018, the Council recommended proposed halibut PSC limits of 1,706 mt for trawl gear, 257 mt for hook-and-line gear, and 9 mt for the demersal shelf rockfish (DSR) fishery in the SEO District. The DSR fishery in the SEO District is defined at Sec. 679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut PSC limit in recognition of its small-scale harvests of groundfish. NMFS estimates low halibut bycatch in the DSR fishery because (1) The duration of the DSR fisheries and the gear soak times are short, (2) the DSR fishery occurs in the winter when there is less overlap in the distribution of DSR and halibut, and (3) the directed commercial DSR fishery has a low DSR TAC. The Alaska Department of Fish and Game sets the commercial GHL for the DSR fishery after deducting (1) estimates of DSR incidental catch in all fisheries (including halibut and subsistence); and (2) the allocation to the DSR sport fish fishery. Of the 250 mt TAC for DSR in 2018, 50 mt were available for directed fishing by the DSR commercial fishery, of which 26 mt were harvested (through November 6, 2018). The FMP authorizes the Council to exempt specific gear from the halibut PSC limits. NMFS, after consultation with the Council, proposes to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear fishery categories from the non-trawl halibut PSC limit for 2019 and 2020. The Council recommended, and NMFS is proposing, these exemptions because (1) pot gear fisheries have low annual halibut bycatch mortality; (2) IFQ program regulations prohibit discard of halibut if any halibut IFQ permit holder on board a CV holds unused halibut IFQ for that vessel category and the IFQ regulatory area in which the vessel is operating (Sec. 679.7(f)(11)); (3) some sablefish IFQ permit holders hold halibut IFQ permits and are therefore required to retain the halibut they catch while fishing sablefish IFQ; and (4) NMFS estimates negligible halibut mortality for the jig gear fisheries given the small amount of groundfish harvested by jig gear, the selective nature of jig gear, and the high survival rates of halibut caught and released with jig gear. The best available information on estimated halibut bycatch consists of data collected by fisheries observers during 2018. The calculated halibut bycatch mortality through October 30, 2018, is 1,037 mt for trawl gear and 44 mt for hook-and-line gear for a total halibut mortality of 1,081 mt. This halibut mortality was calculated using groundfish and halibut catch data from the NMFS Alaska Region's catch accounting system. This accounting system contains historical and recent catch information compiled from each Alaska groundfish fishery. Section 679.21(d)(4)(i) and (ii) authorizes NMFS to seasonally apportion the halibut PSC limits after consultation with the Council. The FMP and regulations require that the Council and NMFS consider the following information in seasonally apportioning halibut PSC limits: (1) Seasonal distribution of halibut, (2) seasonal distribution of target groundfish species relative to halibut distribution, (3) expected halibut bycatch needs on a seasonal basis relative to changes in halibut biomass and expected catch of target groundfish species, (4) expected bycatch rates on a seasonal basis, (5) expected changes in directed groundfish fishing seasons, (6) expected actual start of fishing effort, and (7) economic effects of establishing seasonal halibut allocations on segments of the target groundfish industry. Based on public comment and the information presented in the 2018 SAFE report, the Council may recommend, or NMFS may make changes to the seasonal, gear-type, or fishery category apportionments of halibut PSC limits for the final 2019 and 2020 harvest specifications pursuant to Sec. 679.21(d)(1) and (d)(4). The final 2018 and 2019 harvest specifications (83 FR 8768, March 1, 2018) summarized the Council's and NMFS' findings with respect to halibut PSC for each of these FMP considerations. The Council's and NMFS' findings for 2019 are unchanged from 2018. Table 9 lists the proposed 2019 and 2020 Pacific halibut PSC limits, allowances, and apportionments. The halibut PSC limits in these tables reflect the halibut PSC limits set forth at Sec. 679.21(d)(2) and (3). Section 679.21(d)(4)(iii) and (iv) specifies that any underages or overages of a seasonal apportionment of a halibut PSC limit will be added to or deducted from the next respective seasonal apportionment within the fishing year. Table 9--Proposed 2019 and 2020 Pacific Halibut PSC Limits, Allowances, and Apportionments [Values are in metric tons] -------------------------------------------------------------------------------------------------------------------------------------------------------- Trawl gear Hook-and-line gear \1\ -------------------------------------------------------------------------------------------------------------------------------------------------------- Other than DSR DSR Season Percent Amount ----------------------------------------------------------------------------------------- Season Percent Amount Season Amount -------------------------------------------------------------------------------------------------------------------------------------------------------- January 20-April 1...................... 27.5 469 January 1-June 10.......... 86 221 January 1-December 31..... 9 April 1-July 1.......................... 20 341 June 10-September 1........ 2 5 .......................... ......... July 1-September 1...................... 30 512 September 1-December 31.... 12 31 .......................... ......... September 1-October 1................... 7.5 128 ........................... ......... ......... .......................... ......... October 1-December 31................... 15 256 ........................... ......... ......... .......................... ......... --------------------------------------------------------------------------------------------------------------- Total............................... ......... 1,706 ........................... ......... 257 .......................... 9 -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and fisheries other than DSR. The hook-and-line sablefish fishery is exempt from halibut PSC limits, as are pot and jig gear for all groundfish fisheries. Section 679.21(d)(3)(ii) authorizes further apportionment of the trawl halibut PSC limit as bycatch allowances to trawl fishery categories listed in Sec. 679.21(d)(3)(iii). The annual apportionments are based on each category's proportional share of the anticipated halibut bycatch mortality during a fishing year and optimization of the total amount of groundfish harvest under the halibut PSC limit. The fishery categories for the trawl halibut [[Page 62805]] PSC limits are (1) a deep-water species fishery, composed of sablefish, rockfish, deep-water flatfish, rex sole, and arrowtooth flounder; and (2) a shallow-water species fishery, composed of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and ``other species'' (sculpins, sharks, squids, and octopuses) (Sec. 679.21(d)(3)(iii)). Halibut mortality incurred while directed fishing for skates with trawl gear accrues towards the shallow-water species fishery halibut PSC limit (69 FR 26320, May 12, 2004). NMFS will combine available trawl halibut PSC limit apportionments in part of the second season deep-water and shallow-water fisheries for use in either fishery from May 15 through June 30 (Sec. 679.21(d)(4)(iii)(D)). This is intended to maintain groundfish harvest while minimizing halibut bycatch by these sectors to the extent practicable. This provides the deep-water and shallow-water trawl fisheries additional flexibility and the incentive to participate in fisheries at times of the year that may have lower halibut PSC rates relative to other times of the year. Table 10 lists the proposed 2019 and 2020 seasonal apportionments of trawl halibut PSC limits between the trawl gear deep-water and the shallow-water species fisheries. Table 28d to 50 CFR part 679 specifies the amount of the trawl halibut PSC limit that is assigned to the CV and C/P sectors that are participating in the Central GOA Rockfish Program. This includes 117 mt of halibut PSC limit to the CV sector and 74 mt of halibut PSC limit to the C/P sector. These amounts are allocated from the trawl deep-water species fishery's halibut PSC third seasonal apportionment. Section 679.21(d)(4)(iii)(B) limits the amount of the halibut PSC limit allocated to Rockfish Program participants that could be re- apportioned to the general GOA trawl fisheries to no more than 55 percent of the unused annual halibut PSC apportioned to Rockfish Program participants. The remainder of the unused Rockfish Program halibut PSC limit is unavailable for use by any person for the remainder of the fishing year (Sec. 679.21(d)(4)(iii)(C)). Table 10--Proposed 2019 and 2020 Seasonal Apportionments of the Pacific Halibut PSC Limit Apportioned Between the Trawl Gear Shallow-Water and Deep-Water Species Fisheries [Values are in metric tons] ---------------------------------------------------------------------------------------------------------------- Season Shallow-water Deep-water \1\ Total ---------------------------------------------------------------------------------------------------------------- January 20-April 1............................ 384 85.............................. 469 April 1-July 1................................ 85 256............................. 341 July 1-September 1............................ 171 341............................. 512 September 1-October 1......................... 128 Any remainder................... 128 ----------------------------------------------------------------- Subtotal, January 20-October 1................ 768 682............................. 1,450 ----------------------------------------------------------------- October 1-December 31 \2\..................... .............. ................................ 256 ----------------------------------------------------------------- Total..................................... .............. ................................ 1,706 ---------------------------------------------------------------------------------------------------------------- \1\ Vessels participating in cooperatives in the Rockfish Program will receive 191 mt of the third season (July 1 through September 1) deep-water species fishery halibut PSC apportionment. \2\ There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth season (October 1 through December 31). Section 679.21(d)(2) requires that the ``other hook-and-line fishery'' halibut PSC limit apportionment to vessels using hook-and- line gear must be divided between CVs and C/Ps. NMFS must calculate the halibut PSC limit apportionments for the entire GOA to hook-and-line CVs and C/Ps in accordance with Sec. 679.21(d)(2)(iii) in conjunction with these harvest specifications. A comprehensive description and example of the calculations necessary to apportion the ``other hook- and-line fishery'' halibut PSC limit between the hook-and-line CV and C/P sectors were included in the proposed rule to implement Amendment 83 to the FMP (76 FR 44700, July 26, 2011) and are not repeated here. For 2019 and 2020, NMFS proposes annual halibut PSC limit apportionments of 120 mt and 137 mt to the hook-and-line CV and hook- and-line C/P sectors, respectively. The 2019 and 2020 annual halibut PSC limits are divided into three seasonal apportionments, using seasonal percentages of 86 percent, 2 percent, and 12 percent. Table 11 lists the proposed 2019 and 2020 annual halibut PSC limits and seasonal apportionments between the hook-and-line CV and hook-and-line C/P sectors in the GOA. No later than November 1 each year, any halibut PSC limit allocated under Sec. 679.21(d)(2)(ii)(B) not projected by the Regional Administrator to be used by one of the hook-and-line sectors during the remainder of the fishing year will be made available to the other sector. NMFS calculates the projected unused amount of halibut PSC limit by either the CV hook-and-line or the C/P hook-and-line sectors of the ``other hook-and-line fishery'' for the remainder of the year. The projected unused amount of halibut PSC limit by either of these sectors is made available to the remaining hook-and-line sector for the remainder of that fishing year if NMFS determines that an additional amount of halibut PSC limit is necessary for that sector to continue its directed fishing operations (Sec. 679.21(d)(2)(iii)(C)). [[Page 62806]] Table 11--Proposed 2019 and 2020 Apportionments of the ``Other Hook-and-Line Fisheries'' Halibut PSC Allowance Between the Hook-and-Line Gear Catcher Vessel and Catcher/Processor Sectors [Values are in metric tons] ---------------------------------------------------------------------------------------------------------------- Sector ``Other than DSR'' Hook-and- line Sector annual Season Seasonal seasonal allowance sector amount percentage amount ---------------------------------------------------------------------------------------------------------------- 257.................. Catcher Vessel...... 120 January 1-June 10.. 86 103 June 10-September 1 2 2 September 1- 12 14 December 31. Catcher/Processor... 137 January 1-June 10.. 86 118 June 10-September 1 2 3 September 1- 12 16 December 31. ---------------------------------------------------------------------------------------------------------------- Halibut Discard Mortality Rates To monitor halibut bycatch mortality allowances and apportionments, the Regional Administrator uses observed halibut incidental catch rates, halibut discard mortality rates (DMRs), and estimates of groundfish catch to project when a fishery's halibut bycatch mortality allowance or seasonal apportionment is reached. Halibut incidental catch rates are based on observers' estimates of halibut incidental catch in the groundfish fishery. DMRs are estimates of the proportion of incidentally caught halibut that do not survive after being returned to the sea. The cumulative halibut mortality that accrues to a particular halibut PSC limit is the product of a DMR multiplied by the estimated halibut PSC. DMRs are estimated using the best scientific information available in conjunction with the annual GOA stock assessment process. The DMR methodology and findings are included as an appendix to the annual GOA groundfish SAFE report. In 2016, the DMR estimation methodology underwent revisions per the Council's directive. An interagency halibut working group (International Pacific Halibut Commission, Council, and NMFS staff) developed improved estimation methods that have undergone review by the Plan Team, the SSC, and the Council. A summary of the revised methodology is contained in the GOA proposed 2017 and 2018 harvest specifications (81 FR 87881, 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, 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. In October 2018, the Council recommended adopting the halibut DMRs derived from the revised methodology for the proposed 2019 and 2020 DMRs. The proposed 2019 and 2020 DMRs use an updated 2-year reference period of 2016 and 2017. Comparing the proposed DMRs to the final DMRs from the 2018 and 2019 harvest specifications, the proposed DMR for Rockfish Program CVs using non-pelagic trawl gear decreased to 49 percent from 62 percent, the proposed DMR for C/Ps and motherships using non-pelagic trawl gear decreased to 79 percent from 84 percent, and the proposed DMRs for C/Ps and CVs using hook-and-line gear increased to 11 percent from 10 percent, and to 21 percent from 17 percent, respectively. Finally, the DMR for C/Ps and CVs using pot gear decreased to 4 percent from 7 percent. Table 12 lists the proposed 2019 and 2020 DMRs. Table 12--Proposed 2019 and 2020 DMRs for Vessels Fishing in the Gulf of Alaska [Values are percent of halibut assumed to be dead] ---------------------------------------------------------------------------------------------------------------- Halibut discard Gear Sector Groundfish fishery mortality rate (percent) ---------------------------------------------------------------------------------------------------------------- Pelagic trawl........................... Catcher vessel............ All....................... 100 Catcher/processor......... All....................... 100 Non-pelagic trawl....................... Catcher vessel............ Rockfish Program.......... 49 Catcher vessel............ All others................ 67 Mothership and catcher/ All....................... 79 processor. Hook-and-line........................... Catcher/processor......... All....................... 11 Catcher vessel............ All....................... 21 Pot..................................... Catcher vessel and catcher/ All....................... 4 processor. ---------------------------------------------------------------------------------------------------------------- Chinook Salmon Prohibited Species Catch Limits Amendment 93 to the FMP (77 FR 42629, July 20, 2012) established separate Chinook salmon PSC limits in the Western and Central GOA in the directed pollock trawl fishery. These limits require NMFS to close the pollock directed fishery in the Western and Central regulatory areas of the GOA if the applicable Chinook salmon PSC limit is reached (Sec. 679.21(h)(8)). The [[Page 62807]] annual Chinook salmon PSC limits in the pollock directed fishery of 6,684 salmon in the Western GOA and 18,316 salmon in the Central GOA are set in Sec. 679.21(h)(2)(i) and (ii). Amendment 97 to the FMP (79 FR 71350, December 2, 2014) established an initial annual PSC limit of 7,500 Chinook salmon for the non-pollock groundfish trawl fisheries in the Western and Central GOA. This limit is apportioned among three sectors: 3,600 Chinook salmon to trawl C/Ps; 1,200 Chinook salmon to trawl CVs participating in the Rockfish Program; and 2,700 Chinook salmon to trawl CVs not participating in the Rockfish Program (Sec. 679.21(h)(4)). NMFS will monitor the Chinook salmon PSC in the non-pollock GOA groundfish fisheries and close an applicable sector if it reaches its Chinook salmon PSC limit. The Chinook salmon PSC limit for two sectors, trawl C/Ps and trawl CVs not participating in the Rockfish Program, may be increased in subsequent years based on the performance of these two sectors and their ability to minimize their use of their respective Chinook salmon PSC limits. If either or both of these two sectors limit its use of Chinook salmon PSC to a certain threshold amount in 2018 (3,120 for trawl C/Ps and 2,340 for trawl CVs), that sector will receive an incremental increase to its 2019 Chinook salmon PSC limit (4,080 for trawl C/Ps and 3,060 for trawl CVs) (Sec. 679.21(h)(4)). NMFS will evaluate the annual Chinook salmon PSC by trawl C/Ps and non-Rockfish Program CVs when the 2018 fishing year is complete to determine whether to increase the Chinook salmon PSC limits for these two sectors. Based on preliminary 2018 Chinook salmon PSC data, the trawl C/P sector and the non-Rockfish Program trawl CV sector may receive an incremental increase of Chinook salmon PSC limit in 2019. This evaluation will be completed in conjunction with the final 2019 and 2020 harvest specifications. AFA C/P and CV Groundfish Sideboard Limits Section 679.64 establishes groundfish harvesting and processing sideboard limits on AFA C/Ps and CVs in the GOA. These sideboard limits are necessary to protect the interests of fishermen and processors who do not directly benefit from the AFA from those fishermen and processors who receive exclusive harvesting and processing privileges under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA C/Ps from harvesting any species of fish in the GOA. Additionally, Sec. 679.7(k)(1)(iv) prohibits listed AFA C/Ps from processing any pollock harvested in a directed pollock fishery in the GOA and any groundfish harvested in Statistical Area 630 of the GOA. AFA CVs that are less than 125 ft (38.1 meters) length overall, have annual landings of pollock in the Bering Sea and Aleutian Islands of less than 5,100 mt, and have made at least 40 landings of GOA groundfish from 1995 through 1997 are exempt from GOA CV groundfish sideboard limits under Sec. 679.64(b)(2)(ii). Sideboard limits for non-exempt AFA CVs in the GOA are based on their traditional harvest levels of TAC in groundfish fisheries covered by the FMP. Section 679.64(b)(3)(iv) establishes for CVs the groundfish sideboard limitations in the GOA based on the retained catch of non-exempt AFA CVs of each sideboard species from 1995 through 1997 divided by the TAC for that species over the same period. As discussed earlier in this preamble, NMFS published a proposed rule (83 FR 40733, August 16, 2018) that would, if implemented, establish regulations to prohibit directed fishing for sideboard limits for specific groundfish species or species groups, rather than prohibiting directed fishing for non-exempt AFA CV sideboards through the GOA annual harvest specifications. This would apply to most, but not all, of the species and area apportionments listed in Table 13. If the final rulemaking to implement the proposed changes to sideboard management is effective prior to the publication of the final 2019 and 2020 harvest specifications, NMFS would incorporate such changes into the specification and management of non-exempt AFA CV sideboard limits. Table 13 lists the proposed 2019 and 2020 groundfish sideboard limits for non-exempt AFA CVs. NMFS will deduct all targeted or incidental catch of sideboard species made by non-exempt AFA CVs from the sideboard limits listed in Table 13. Table 13--Proposed 2019 and 2020 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard Limits [Values are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- Ratio of 1995- Proposed 2019 1997 non- Proposed 2019 and 2020 non- Species Apportionments Area/component exempt AFA CV and 2020 TACs exempt AFA CV by season/gear catch to 1995- \3\ sideboard 1997 TAC limit ---------------------------------------------------------------------------------------------------------------- Pollock...................... A Season........ Shumagin (610). 0.6047 869 525 January 20-March Chirikof (620). 0.1167 18,025 2,103 10. Kodiak (630)... 0.2028 5,955 1,208 B Season........ Shumagin (610). 0.6047 869 525 March 10-May 31. Chirikof (620). 0.1167 21,219 2,476 Kodiak (630)... 0.2028 2,761 560 C Season........ Shumagin (610). 0.6047 9,091 5,498 August 25- Chirikof (620). 0.1167 6,608 771 October 1. Kodiak (630)... 0.2028 9,150 1,856 D Season........ Shumagin (610). 0.6047 9,091 5,498 October 1- Chirikof (620). 0.1167 6,608 771 November 1. Kodiak (630)... 0.2028 9,150 1,856 Annual.......... WYK (640)...... 0.3495 4,509 1,576 SEO (650)...... 0.3495 8,773 3,066 Pacific cod.................. A Season \1\.... W.............. 0.1331 3,206 427 January 1-June C.............. 0.0692 3,450 239 10. B Season \2\.... W.............. 0.1331 2,137 284 September 1- C.............. 0.0692 2,300 159 December 31. [[Page 62808]] Annual.......... E inshore...... 0.0079 1,148 9 E offshore..... 0.0078 128 1 Sablefish.................... Annual, trawl W.............. 0.0000 435 0 gear. C.............. 0.0642 1,452 93 E.............. 0.0433 338 15 Flatfish, shallow-water...... Annual.......... W.............. 0.0156 13,250 207 C.............. 0.0587 25,655 1,506 E.............. 0.0126 4,223 53 Flatfish, deep-water......... Annual.......... W.............. 0.0000 416 0 C.............. 0.0647 3,442 223 E.............. 0.0128 5,640 72 Rex sole..................... Annual.......... W.............. 0.0007 2,909 2 C.............. 0.0384 8,236 316 E.............. 0.0029 3,384 10 Arrowtooth flounder.......... Annual.......... W.............. 0.0021 14,500 30 C.............. 0.0280 48,000 1,344 E.............. 0.0002 13,800 3 Flathead sole................ Annual.......... W.............. 0.0036 8,650 31 C.............. 0.0213 15,400 328 E.............. 0.0009 2,437 2 Pacific ocean perch.......... Annual.......... W.............. 0.0023 3,240 7 C.............. 0.0748 19,678 1,472 E.............. 0.0466 5,687 265 Northern rockfish............ Annual.......... W.............. 0.0003 382 0 C.............. 0.0277 2,965 82 Shortraker rockfish.......... Annual.......... W.............. 0.0000 44 0 C.............. 0.0218 305 7 E.............. 0.0110 514 6 Dusky Rockfish............... Annual.......... W.............. 0.0001 135 0 C.............. 0.0000 3,246 0 E.............. 0.0067 287 2 Rougheye rockfish............ Annual.......... W.............. 0.0000 174 0 C.............. 0.0237 550 13 E.............. 0.0124 703 9 Demersal shelf rockfish...... Annual.......... SEO............ 0.0020 250 1 Thornyhead rockfish.......... Annual.......... W.............. 0.0280 344 10 C.............. 0.0280 921 26 E.............. 0.0280 773 22 Other Rockfish............... Annual.......... W/C............ 0.1699 1,737 295 E.............. 0.0000 568 0 Atka mackerel................ Annual.......... Gulfwide....... 0.0309 3,000 93 Big skates................... Annual.......... W.............. 0.0063 504 3 C.............. 0.0063 1,774 11 E.............. 0.0063 570 4 Longnose skates.............. Annual.......... W.............. 0.0063 149 1 C.............. 0.0063 2,804 18 E.............. 0.0063 619 4 Other skates................. Annual.......... Gulfwide....... 0.0063 1,384 9 Sculpins..................... Annual.......... Gulfwide....... 0.0063 5,301 33 Sharks....................... Annual.......... Gulfwide....... 0.0063 4,514 28 Octopuses.................... Annual.......... Gulfwide....... 0.0063 975 6 ---------------------------------------------------------------------------------------------------------------- \1\ The Pacific cod A season for trawl gear does not open until January 20. \2\ The Pacific cod B season for trawl gear closes November 1. \3\ The Western and Central GOA area apportionments of pollock are considered ACLs. Non-Exempt AFA Catcher Vessel Halibut PSC Sideboard Limits The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA are based on the aggregate retained groundfish catch by non-exempt AFA CVs in each PSC target category from 1995 through 1997 divided by the retained catch of all vessels in that fishery from 1995 through 1997 (Sec. 679.64(b)(4)(ii)). Table 14 lists the proposed 2019 and 2020 non-exempt AFA CV halibut PSC limits for vessels using trawl gear in the GOA. [[Page 62809]] Table 14--Proposed 2019 and 2020 Non-Exempt American Fisheries Act Catcher Vessel Halibut PSC Sideboard Limits for Vessels Using Trawl Gear in the GOA [PSC limits are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- Ratio of 1995- 1997 non- Proposed 2019 exempt AFA CV Proposed 2019 and 2020 non- Season Season dates Fishery category retained catch and 2020 PSC exempt AFA CV to total limit PSC limit retained catch ---------------------------------------------------------------------------------------------------------------- 1.................. January 20-April 1... shallow-water....... 0.340 384 131 deep-water.......... 0.070 85 6 2.................. April 1-July 1....... shallow-water....... 0.340 85 29 deep-water.......... 0.070 256 18 3.................. July 1-September 1... shallow-water....... 0.340 171 58 deep-water.......... 0.070 341 24 4.................. September 1-October 1 shallow-water....... 0.340 128 44 deep-water.......... 0.070 0 0 5.................. October 1-December 31 all targets......... 0.205 256 52 ---------------------------------------------------------------------------------------------------------------- Annual......... Total shallow-water. 262 rrrrrrrrrrrrrrrrrrrr Total deep-water.... 48 rrrrrrrrrrrrrrrrrrrr Grand Total, all 1,706 362 seasons and categories. rrrrrrrrrrrrrrrrrrrr ---------------------------------------------------------------------------------------------------------------- Non-AFA Crab Vessel Groundfish Sideboard Limits Section 680.22 establishes groundfish sideboard limits for vessels with a history of participation in the Bering Sea snow crab fishery to prevent these vessels from using the increased flexibility provided by the CR Program to expand their level of participation in the GOA groundfish fisheries. Sideboard harvest limits restrict these vessels' catch to their collective historical landings in each GOA groundfish fishery (except the fixed-gear sablefish fishery). Sideboard limits also apply to landings made using an LLP license derived from the history of a restricted vessel, even if that LLP license is used on another vessel. The basis for these sideboard harvest limits is described in detail in the final rules implementing the major provisions of the CR Program, including Amendments 18 and 19 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) (70 FR 10174, March 2, 2005), Amendment 34 to the Crab FMP (76 FR 35772, June 20, 2011), Amendment 83 to the GOA FMP (76 FR 74670, December 1, 2011), and Amendment 45 to the Crab FMP (80 FR 28539, May 19, 2015). As discussed earlier in this preamble, NMFS published a proposed rule (83 FR 40733, August 16, 2018) that would, if implemented, establish regulations to prohibit directed fishing for sideboard limits for specific groundfish species or species groups, rather than prohibiting directed fishing for non-AFA crab vessel sideboards through the GOA annual harvest specifications. This would apply to most, but not all, of the species and area apportionments listed in Table 15. If the final rulemaking to implement the proposed changes to sideboard management is effective prior to the publication of the final 2019 and 2020 harvest specifications, NMFS would incorporate such changes into the specification and the management of non-AFA crab vessel sideboard limits. Table 15 lists the proposed 2019 and 2020 groundfish sideboard limits for non-AFA crab vessels. All targeted or incidental catch of sideboard species made by non-AFA crab vessels or associated LLP licenses will be deducted from these sideboard limits. Table 15--Proposed 2019 and 2020 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits [Values are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- Ratio of 1996- Proposed 2019 2000 non-AFA and 2020 non- Area/component/ crab vessel Proposed 2019 AFA crab Species Season/gear gear catch to 1996- and 2020 TACs vessel 2000 total sideboard harvest limit ---------------------------------------------------------------------------------------------------------------- Pollock...................... A Season........ Shumagin (610). 0.0098 869 9 January 20-March Chirikof (620). 0.0031 18,025 56 10. Kodiak (630)... 0.0002 5,955 1 B Season........ Shumagin (610). 0.0098 869 9 March 10-May 31. Chirikof (620). 0.0031 21,219 66 Kodiak (630)... 0.0002 2,761 1 C Season........ Shumagin (610). 0.0098 9,091 89 August 25- Chirikof (620). 0.0031 6,608 20 October 1. Kodiak (630)... 0.0002 9,150 2 D Season........ Shumagin (610). 0.0098 9,091 89 [[Page 62810]] October 1- Chirikof (620). 0.0031 6,608 20 November 1. Kodiak (630)... 0.0002 9,150 2 Annual.......... WYK (640)...... 0.0000 4,509 0 SEO (650)...... 0.0000 8,773 0 Pacific cod.................. A Season \1\.... W Jig CV....... 0.0000 3,206 0 W Hook-and-line 0.0004 3,206 1 CV. January 1-June W Pot CV....... 0.0997 3,206 320 10. W Pot C/P...... 0.0078 3,206 25 W Trawl CV..... 0.0007 3,206 2 C Jig CV....... 0.0000 3,450 0 C Hook-and-line 0.0001 3,450 0 CV. C Pot CV....... 0.0474 3,450 164 C Pot C/P...... 0.0136 3,450 47 C Trawl CV..... 0.0012 3,450 4 B Season \2\.... W Jig CV....... 0.0000 2,137 0 W Hook-and-line 0.0004 2,137 1 CV. September 1- W Pot CV....... 0.0997 2,137 213 December 31. W Pot C/P...... 0.0078 2,137 17 W Trawl CV..... 0.0007 2,137 1 C Jig CV....... 0.0000 2,300 0 C Hook-and-line 0.0001 2,300 0 CV. C Pot CV....... 0.0474 2,300 109 C Pot C/P...... 0.0136 2,300 31 C Trawl CV..... 0.0012 2,300 3 Annual.......... E inshore...... 0.0110 1,148 13 E offshore..... 0.0000 128 0 Sablefish.................... Annual, trawl W.............. 0.0000 435 0 gear. C.............. 0.0000 1,452 0 E.............. 0.0000 338 0 Flatfish, shallow-water...... Annual.......... W.............. 0.0059 13,250 78 C.............. 0.0001 25,655 3 E.............. 0.0000 4,223 0 Flatfish, deep-water......... Annual.......... W.............. 0.0035 416 1 C.............. 0.0000 3,442 0 E.............. 0.0000 5,640 0 Rex sole..................... Annual.......... W.............. 0.0000 2,909 0 C.............. 0.0000 8,236 0 E.............. 0.0000 3,384 0 Arrowtooth flounder.......... Annual.......... W.............. 0.0004 14,500 6 C.............. 0.0001 48,000 5 E.............. 0.0000 13,800 0 Flathead sole................ Annual.......... W.............. 0.0002 8,650 2 C.............. 0.0004 15,400 6 E.............. 0.0000 2,437 0 Pacific ocean perch.......... Annual.......... W.............. 0.0000 3,240 0 C.............. 0.0000 19,678 0 E.............. 0.0000 5,687 0 Northern rockfish............ Annual.......... W.............. 0.0005 382 0 C.............. 0.0000 2,965 0 Shortraker rockfish.......... Annual.......... W.............. 0.0013 44 0 C.............. 0.0012 305 0 E.............. 0.0009 514 0 Dusky rockfish............... Annual.......... W.............. 0.0017 135 0 C.............. 0.0000 3,246 0 E.............. 0.0000 287 0 Rougheye rockfish............ Annual.......... W.............. 0.0067 174 1 C.............. 0.0047 550 3 E.............. 0.0008 703 1 Demersal shelf rockfish...... Annual.......... SEO............ 0.0000 250 0 Thornyhead rockfish.......... Annual.......... W.............. 0.0047 344 2 C.............. 0.0066 921 6 E.............. 0.0045 773 3 Other Rockfish............... Annual.......... W/C............ 0.0033 1,737 6 E.............. 0.0000 568 0 Atka mackerel................ Annual.......... Gulfwide....... 0.0000 3,000 0 Big skate.................... Annual.......... W.............. 0.0392 504 20 C.............. 0.0159 1,774 28 E.............. 0.0000 570 0 Longnose skate............... Annual.......... W.............. 0.0392 149 6 C.............. 0.0159 2,804 45 E.............. 0.0000 619 0 Other skates................. Annual.......... Gulfwide....... 0.0176 1,384 24 Sculpins..................... Annual.......... Gulfwide....... 0.0176 5,301 93 Sharks....................... Annual.......... Gulfwide....... 0.0176 4,514 79 [[Page 62811]] Octopuses.................... Annual.......... Gulfwide....... 0.0176 975 17 ---------------------------------------------------------------------------------------------------------------- \1\ The Pacific cod A season for trawl gear does not open until January 20. \2\ The Pacific cod B season for trawl gear closes November 1. Rockfish Program Groundfish Sideboard and Halibut PSC Limitations The Rockfish Program establishes three classes of sideboard provisions: CV groundfish sideboard restrictions, C/P rockfish sideboard restrictions, and C/P opt-out vessel sideboard restrictions (Sec. 679.82(c)(1)). These sideboards are intended to limit the ability of rockfish harvesters to expand into other fisheries. CVs participating in the Rockfish Program may not participate in directed fishing for dusky rockfish, northern rockfish, and Pacific ocean perch in the Western GOA and West Yakutat District from July 1 through July 31. Also, CVs may not participate in directed fishing for arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from July 1 through July 31 (Sec. 679.82(d)). C/Ps participating in Rockfish Program cooperatives are restricted by rockfish and halibut PSC sideboard limits. These C/Ps are prohibited from directed fishing for northern rockfish, Pacific ocean perch, and dusky rockfish in the Western GOA and West Yakutat District from July 1 through July 31 (Sec. 679.82(e)(2)). Holders of C/P-designated LLP licenses that opt out of participating in a Rockfish Program cooperative will be able to access those sideboard limits that are not assigned to Rockfish Program cooperatives (Sec. 679.82(e)(7)). The sideboard ratio for each rockfish fishery in the Western GOA and West Yakutat District is set forth in Sec. 679.82(e)(4). Table 16 lists the proposed 2019 and 2020 Rockfish Program C/P rockfish sideboard limits in the Western GOA and West Yakutat District. Due to confidentiality requirements associated with fisheries data, the sideboard limits for the West Yakutat District are not displayed. Table 16--Proposed 2019 and 2020 Rockfish Program Sideboard Limits for the Western GOA and West Yakutat District by Fishery for the Catcher/Processor (C/P) Sector [Values are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- C/P sector (% of Proposed 2019 Proposed 2019 and 2020 C/P Area Fishery TAC) and 2020 TACs sideboard limit ---------------------------------------------------------------------------------------------------------------- Western GOA................... Dusky rockfish... 72.3............. 135 98. Pacific ocean 50.6............. 3,240 1,639. perch. Northern rockfish 74.3............. 382 284. West Yakutat District......... Dusky rockfish... Confidential \1\. 215 Confidential. \1\ Pacific ocean Confidential \1\. 3,298 Confidential. \1\ perch. ---------------------------------------------------------------------------------------------------------------- \1\ Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS and the State of Alaska. Under the Rockfish Program, the C/P sector is subject to halibut PSC sideboard limits for the trawl deep-water and shallow-water species fisheries from July 1 through July 31 (Sec. 679.82(e)(3) and (e)(5)). Halibut PSC sideboard ratios by fishery are set forth in Sec. 679.82(e)(5). No halibut PSC sideboard limits apply to the CV sector, as vessels participating in a rockfish cooperative receive a portion of the annual halibut PSC limit. C/Ps that opt out of the Rockfish Program would be able to access that portion of the deep-water and shallow- water halibut PSC sideboard limit not assigned to C/P rockfish cooperatives. The sideboard provisions for C/Ps that elect to opt out of participating in a rockfish cooperative are described in Sec. 679.82(c), (e), and (f). Sideboard limits are linked to the catch history of specific vessels that may choose to opt out. After March 1, NMFS will determine which C/Ps have opted-out of the Rockfish Program in 2019, and will know the ratios and amounts used to calculate opt-out sideboard ratios. NMFS will then calculate any applicable opt-out sideboard limits and post these limits on the Alaska Region website at https://alaskafisheries.noaa.gov/fisheries/central-goa-rockfish-program. Table 17 lists the 2019 and 2020 proposed Rockfish Program halibut PSC limits for the C/P sector. [[Page 62812]] Table 17--Proposed 2019 and 2020 Rockfish Program Halibut PSC Limits for the Catcher/Processor Sector [Values are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- Shallow-water Deep-water species species Annual shallow- Annual deep- fishery fishery water species water species Sector halibut PSC halibut PSC Annual halibut fishery fishery sideboard sideboard PSC limit (mt) halibut PSC halibut PSC ratio ratio sideboard sideboard (percent) (percent) limit (mt) limit (mt) ---------------------------------------------------------------------------------------------------------------- Catcher/processor............... 0.10 2.50 1,706 2 43 ---------------------------------------------------------------------------------------------------------------- Amendment 80 Program Groundfish and PSC Sideboard Limits Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (Amendment 80 Program) established a limited access privilege program for the non-AFA trawl C/ P sector. The Amendment 80 Program established groundfish and halibut PSC limits for Amendment 80 Program participants to limit the ability of participants eligible for the Amendment 80 Program to expand their harvest efforts in the GOA. Section 679.92 establishes groundfish harvesting sideboard limits on all Amendment 80 Program vessels, other than the F/V Golden Fleece, to amounts no greater than the limits shown in Table 37 to 50 CFR part 679. Under Sec. 679.92(d), the F/V Golden Fleece is prohibited from directed fishing for pollock, Pacific cod, Pacific ocean perch, dusky rockfish, and northern rockfish in the GOA. Groundfish sideboard limits for Amendment 80 Program vessels operating in the GOA are based on their average aggregate harvests from 1998 through 2004 (72 FR 52668, September 14, 2007). Table 18 lists the proposed 2019 and 2020 sideboard limits for Amendment 80 Program vessels. NMFS will deduct all targeted or incidental catch of sideboard species made by Amendment 80 Program vessels from the sideboard limits in Table 18. Table 18-Proposed 2019 and 2020 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels [Values are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- Proposed 2019 Ratio of and 2020 Amendment 80 Proposed 2019 Amendment 80 Species Season Area sector vessels and 2020 TAC vessel 1998-2004 (mt) sideboard catch to TAC limits (mt) ---------------------------------------------------------------------------------------------------------------- Pollock...................... A Season........ Shumagin (610). 0.003 869 3 January 20-March Chirikof (620). 0.002 18,025 36 10. ................ Kodiak (630)... 0.002 5,955 12 B Season........ Shumagin (610). 0.003 869 3 March 10-May 31. Chirikof (620). 0.002 21,219 42 ................ Kodiak (630)... 0.002 2,761 6 C Season........ Shumagin (610). 0.003 9,091 27 August 25- Chirikof (620). 0.002 6,608 13 October 1. ................ Kodiak (630)... 0.002 9,150 18 D Season........ Shumagin (610). 0.003 9,091 27 October 1- Chirikof (620). 0.002 6,608 13 November 1. ................ Kodiak (630)... 0.002 9,150 18 Annual.......... WYK (640)...... 0.002 4,509 9 Pacific cod.................. A Season \1\.... W.............. 0.020 3,206 64 January 1-June C.............. 0.044 3,450 152 10. B Season \2\.... W.............. 0.020 2,137 43 September 1- C.............. 0.044 2,300 101 December 31. Annual.......... WYK............ 0.034 1,275 43 Pacific ocean perch.......... Annual.......... W.............. 0.994 3,240 3,221 ................ WYK............ 0.961 3,298 3,169 Northern rockfish............ Annual.......... W.............. 1.000 382 382 Dusky rockfish............... Annual.......... W.............. 0.764 135 103 ................ WYK............ 0.896 215 193 ---------------------------------------------------------------------------------------------------------------- \1\ The Pacific cod A season for trawl gear does not open until January 20. \2\ The Pacific cod B season for trawl gear closes November 1. The halibut PSC sideboard limits for Amendment 80 Program vessels in the GOA are based on the historic use of halibut PSC by Amendment 80 Program vessels in each PSC target category from 1998 through 2004. These values are slightly lower than the average historic use to accommodate two factors: Allocation of halibut PSC cooperative quota under the Rockfish Program and the exemption of the F/V Golden Fleece from this restriction (Sec. 679.92(b)(2)). [[Page 62813]] Table 19 lists the proposed 2019 and 2020 halibut PSC sideboard limits for Amendment 80 Program vessels. These tables incorporate the maximum percentages of the halibut PSC sideboard limits that may be used by Amendment 80 Program vessels, as contained in Table 38 to 50 CFR part 679. Any residual amount of a seasonal Amendment 80 sideboard halibut PSC limit may carry forward to the next season limit (Sec. 679.92(b)(2)). Table 19--Proposed 2019 and 2020 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA [Values are rounded to the nearest metric ton] ---------------------------------------------------------------------------------------------------------------- Historic Proposed 2019 Amendment 80 Proposed 2019 and 2020 use of the and 2020 Amendment 80 Season Season dates Fishery category annual halibut annual PSC vessel PSC PSC limit limit (mt) sideboard (ratio) limit (mt) ---------------------------------------------------------------------------------------------------------------- 1................... January 20-April 1.. shallow-water....... 0.0048 1,706 8 .................... deep-water.......... 0.0115 1,706 20 2................... April 1-July 1...... shallow-water....... 0.0189 1,706 32 .................... deep-water.......... 0.1072 1,706 183 3................... July 1-September 1.. shallow-water....... 0.0146 1,706 25 .................... deep-water.......... 0.0521 1,706 89 4................... September 1-October shallow-water....... 0.0074 1,706 13 1. .................... deep-water.......... 0.0014 1,706 2 5................... October 1-December shallow-water....... 0.0227 1,706 39 31. deep-water.......... 0.0371 1,706 63 ---------------------------------------------------------------------------------------------------------------- Annual.......... Total shallow-water. 117 ------------------------------------------------------------------------------------------- Total deep-water 357 ------------------------------------------------------------------------------------------- Grand Total, all 474 seasons and categories. ------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Classification NMFS has determined that the proposed harvest specifications are consistent with the FMP and preliminarily determined that the proposed harvest specifications are consistent with the Magnuson-Stevens Act and other applicable laws, subject to further review after public comment. This action is authorized under 50 CFR 679.20 and is exempt from review under Executive 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 SIR that assesses the need to prepare a Supplemental EIS is being prepared for the final harvest specifications. Copies of the Final EIS, ROD, and annual SIRs for this action are available from NMFS (see ADDRESSES). The Final EIS analyzes the environmental, social, and economic consequences of the proposed groundfish harvest specifications and alternative harvest strategies on resources in the action area. Based on the analysis in the Final EIS, NMFS concluded that the preferred Alternative (Alternative 2) provides the best balance among relevant environmental, social, and economic considerations and allows for continued management of the groundfish fisheries based on the most recent, best scientific information. NMFS prepared an IRFA as required by section 603 of the Regulatory Flexibility Act (RFA), analyzing the methodology for establishing the relevant TACs. The IRFA evaluated the economic impacts on small entities of alternative harvest strategies for the groundfish fisheries in the EEZ off Alaska. As set forth in the methodology, TACs are set to a level that falls within the range of ABCs recommended by the SSC; the sum of the TACs must achieve the OY specified in the FMP. While the specific numbers that the methodology produces may vary from year to year, the methodology itself remains constant. A description of the proposed action, why it is being considered, and the legal basis for this proposed action are contained in the preamble above. A copy of the 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 GOA. The preferred alternative is the existing harvest strategy in which TACs fall within the range of ABCs recommended by the SSC. This action is taken in accordance with the FMP prepared by the Council pursuant to the Magnuson-Stevens Act. The entities directly regulated by this action are those that harvest groundfish in the EEZ of the GOA and in parallel fisheries within State of Alaska waters. These include entities operating CVs and C/Ps within the action area and entities receiving direct allocations of groundfish. For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual gross receipts not in excess of $11 million for all its affiliated operations worldwide. The IRFA shows that, in 2017, there were 821 individual CVs with gross revenues less than or equal to $11 million. This estimate accounts for [[Page 62814]] corporate affiliations among vessels, and for cooperative affiliations among fishing entities, since some of the fishing vessels operating in the GOA are members of AFA inshore pollock cooperatives, GOA rockfish cooperatives, or BSAI CR Program cooperatives. Therefore, under the RFA, it is the aggregate gross receipts of all participating members of the cooperative that must meet the ``under $11 million'' threshold. Vessels that participate in these cooperatives are considered to be large entities within the meaning of the RFA. After accounting for membership in these cooperatives, there are an estimated 821 small CV entities remaining in the GOA groundfish sector. This latter group of vessels had average gross revenues that varied by gear type. Average gross revenues for hook-and-line CVs, pot gear CVs, and trawl gear CVs are estimated to be $380,000, $790,000, and $1.97 million, respectively. Revenue data for the three C/Ps considered to be small entities are confidential. The preferred alternative (Alternative 2) was compared to four other alternatives. Alternative 1 would have set TACs to generate fishing rates equal to the maximum permissible ABC (if the full TAC were harvested), unless the sum of TACs exceeded the GOA OY, in which case TACs would be limited to the OY. Alternative 3 would have set TACs to produce fishing rates equal to the most recent 5-year average fishing rate. Alternative 4 would have set TACs to equal the lower limit of the GOA OY range. Alternative 5, the ``no action alternative,'' would have set TACs equal to zero. The TACs associated with Alternative 2, the preferred harvest strategy, are those recommended by the Council in October 2018. OFLs and ABCs for the species were based on recommendations prepared by the Council's Plan Team in September 2018, and reviewed by the Council's SSC in October 2018. The Council based its TAC recommendations on those of its AP, which were consistent with the SSC's OFL and ABC recommendations. Alternative 1 selects harvest rates that would allow fishermen to harvest stocks at the level of ABCs, unless total harvests were constrained by the upper bound of the GOA OY of 800,000 mt. As shown in Table 1 of the preamble, the sum of ABCs in 2019 and 2020 would be 479,050 mt, which falls below the upper bound of the OY range. The sum of TACs is 375,280 mt, which is less than the sum of ABCs. In this instance, Alternative 1 is consistent with the preferred alternative (Alternative 2), meets the objectives of that action, and has small entity impacts that may be equivalent to the preferred alternative. However, it is not likely that Alternative 1 would result in reduced adverse economic impacts to directly-regulated small entities relative to Alternative 2. The selection of Alternative 1, which could increase all TACs up to the sum of ABCs, would not reflect the practical implications that increased TACs for some species probably would not be fully harvested. This could be due to a variety of reasons, including the lack of commercial or market interest in some species. Additionally, an underharvest of flatfish TACs could result due to other factors, such as the fixed, and therefore constraining, PSC limits associated with the harvest of the GOA groundfish species. Furthermore, TACs may be set lower than ABC for conservation purposes, as is the case with other rockfish in the Eastern GOA. Finally, the TACs for two species (pollock and Pacific cod) cannot be set equal to ABC, as the TAC must be reduced to account for the State's GHLs in these fisheries. 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 because it does not take account of the most recent biological information for this fishery, as required by the Magnuson-Stevens Act. 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 groundfish species and reduce the TACs from the upper end of the OY range in the GOA to its lower end of 116,000 mt. Overall, this alternative would reduce 2019 TACs by about 80 percent and would lead to significant reductions in harvests of species harvested by small entities. While production declines in the GOA would be associated with offsetting price increases in the GOA, the size of these increases is uncertain and would still be constrained by production of substitutes. There are close substitutes for GOA groundfish species available in significant quantities from the Bering Sea and Aleutian Islands management area. Thus, price increases associated with reduction production are not likely to fully offset revenue declines from reduced production, and this alternative would have a detrimental impact on small entities. Alternative 5, which sets all harvests equal to zero, would have a significant adverse economic impact on small entities and would be contrary to obligations to achieve OY on a continuing basis, as mandated by the Magnuson-Stevens Act. Under Alternative 5, all 821 individual CVs impacted by this rule would have gross revenues of $0. Additionally, the three small C/Ps impacted by this rule also would have gross revenues of $0. The proposed harvest specifications (Alternative 2) extend the current 2019 OFLs, ABCs, and TACs to 2019 and 2020, with the exceptions of the removal of the squid OFL, ABC, and TAC. As noted in the IRFA, the Council may modify its recommendations for final OFLs, ABCs, and TACs in December 2018, when it reviews the November 2018 SAFE report from its Groundfish Plan Team, and the December 2018 Council meeting reports of its SSC and AP. Because the 2019 TACs (with the exception of squid) in the proposed 2019 and 2020 harvest specifications are unchanged from the 2019 TACs, and because the sum of all TACs remains within OY for the GOA, NMFS does not expect adverse impacts on small entities. Also, NMFS does not expect any changes made by the Council in December 2018 to have significant adverse impacts on small entities. This action does not modify recordkeeping or reporting requirements, or duplicate, overlap, or conflict with any Federal rules. Adverse impacts on marine mammals or endangered species resulting from fishing activities conducted under this rule are discussed in the Final EIS and its accompanying annual SIRs (see ADDRESSES). Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106- 31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109- 241; Pub. L. 109-479. Dated: November 29, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-26390 Filed 12-4-18; 8:45 am] BILLING CODE 3510-22-P
![62794 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
* * * * * method, to any other address or apportionments thereof, Pacific halibut
Dated: October 11, 2018. individual, or received after the prohibited species catch (PSC) limits,
James W. Kurth,
comment period ends. All comments and seasonal allowances of pollock and
received are a part of the public record, Pacific cod. The proposed harvest
Deputy Director, Exercising the Authority of
the Director, U.S. Fish and Wildlife Service.
and NMFS will post the comments for specifications in Tables 1 through 19 of
public viewing on www.regulations.gov this rule satisfy these requirements. For
[FR Doc. 2018–26388 Filed 12–4–18; 8:45 am]
without change. All personal identifying 2019 and 2020, the sum of the proposed
BILLING CODE 4333–15–C
information (e.g., name, address), TAC amounts is 375,280 mt.
confidential business information, or Under § 679.20(c)(3), NMFS will
otherwise sensitive information publish the final 2019 and 2020 harvest
DEPARTMENT OF COMMERCE submitted voluntarily by the sender is specifications after (1) considering
publicly accessible. NMFS will accept comments received within the comment
National Oceanic and Atmospheric
anonymous comments (enter ‘‘N/A’’ in period (see DATES), (2) consulting with
Administration
the required fields if you wish to remain the Council at its December 2018
anonymous). meeting, (3) considering information
50 CFR Part 679
Electronic copies of the Alaska presented in the 2019 SIR that assesses
[Docket No. 180831813–8813–01] Groundfish Harvest Specifications Final the need to prepare a Supplemental EIS
RIN 0648–XG471
Environmental Impact Statement (Final (see ADDRESSES), and (4) considering
EIS), Record of Decision (ROD) for the information presented in the final 2018
Fisheries of the Exclusive Economic Final EIS, the annual Supplementary SAFE report prepared for the 2019 and
Zone Off Alaska; Gulf of Alaska; 2019 Information Reports (SIRs) to the Final 2020 groundfish fisheries.
and 2020 Harvest Specifications for EIS, and the Initial Regulatory
Other Actions Affecting or Potentially
Groundfish Flexibility Analysis (IRFA) prepared for
Affecting the 2019 and 2020 Harvest
this action may be obtained from http://
AGENCY: National Marine Fisheries Specifications
www.regulations.gov or from the Alaska
Service (NMFS), National Oceanic and Region website at https:// Amendment 106: Reclassify Squid as an
Atmospheric Administration (NOAA), alaskafisheries.noaa.gov. An updated Ecosystem Species
Commerce. SIR for the final 2019 and 2020 harvest On July 6, 2018, NMFS published the
ACTION: Proposed rule; request for specifications will be available from the final rule to implement Amendment 106
comments. same sources. The final 2017 Stock to the FMP (83 FR 31460). This rule
Assessment and Fishery Evaluation reclassified squid in the FMP as an
SUMMARY: NMFS proposes 2019 and (SAFE) report for the groundfish
2020 harvest specifications, ‘‘Ecosystem Component’’ species, which
resources of the GOA, dated November is a category of non-target species that
apportionments, and Pacific halibut 2017, is available from the North Pacific
prohibited species catch limits for the are not in need of conservation and
Fishery Management Council (Council) management. Accordingly, NMFS will
groundfish fishery of the Gulf of Alaska at 605 West 4th Avenue, Suite 306,
(GOA). This action is necessary to no longer set an Overfishing Level
Anchorage, AK 99501, phone 907–271– (OFL), acceptable biological catch
establish harvest limits for groundfish 2809, or from the Council’s website at
during the 2019 and 2020 fishing years (ABC), and TAC for squid in the GOA
http://www.npfmc.org. The 2018 SAFE groundfish harvest specifications,
and to accomplish the goals and report for the GOA will be available
objectives of the Fishery Management beginning with the proposed 2019 and
from the same source. 2020 harvest specifications.
Plan for Groundfish of the Gulf of
FOR FURTHER INFORMATION CONTACT: Amendment 106 prohibits directed
Alaska. The intended effect of this
Obren Davis, 907–586–7228. fishing for squid, while maintaining
action is to conserve and manage the
SUPPLEMENTARY INFORMATION: NMFS recordkeeping and reporting
groundfish resources in the GOA in
accordance with the Magnuson-Stevens manages the GOA groundfish fisheries requirements for squid. Amendment 106
Fishery Conservation and Management in the exclusive economic zone (EEZ) of also establishes a squid maximum
Act. the GOA under the Fishery Management retainable amount when directed fishing
Plan for Groundfish of the Gulf of for groundfish species at 20 percent to
DATES: Comments must be received by Alaska (FMP). The Council prepared the discourage targeting squid species.
January 7, 2019. FMP under the authority of the
ADDRESSES: Submit comments on this Magnuson-Stevens Fishery Rulemaking To Prohibit Directed
document, identified by NOAA–NMFS– Conservation and Management Act Fishing for American Fisheries Act
2018–0103, by either of the following (Magnuson-Stevens Act), 16 U.S.C. (AFA) and Crab Rationalization (CR)
methods: 1801, et seq. Regulations governing U.S. Program Sideboard Limits
• Federal e-Rulemaking Portal: Go to fisheries and implementing the FMP On August 16, 2018, NMFS published
www.regulations.gov/ appear at 50 CFR parts 600, 679, and a proposed rule (83 FR 40733) that
#!docketDetail;D=NOAA-NMFS-2018- 680. would modify regulations for the AFA
0103, click the ‘‘Comment Now!’’ icon, The FMP and its implementing Program and CR Program participants
complete the required fields, and enter regulations require NMFS, after subject to limits on the catch of specific
or attach your comments. consultation with the Council, to species (sideboard limits) in the GOA.
khammond on DSK30JT082PROD with PROPOSAL
• Mail: Submit written comments to specify the total allowable catch (TAC) Sideboard limits are intended to prevent
Glenn Merrill, Assistant Regional for each target species, the sum of which participants who benefit from receiving
Administrator, Sustainable Fisheries must be within the optimum yield (OY) exclusive harvesting privileges in a
Division, Alaska Region NMFS, Attn: range of 116,000 to 800,000 metric tons particular fishery from shifting effort
Ellen Sebastian. Mail comments to P.O. (mt) (§ 679.20(a)(1)(i)(B)). Section into other fisheries.
Box 21668, Juneau, AK 99802–1668. 679.20(c)(1) further requires NMFS to Specifically, the proposed rule would
Instructions: NMFS may not consider publish and solicit public comment on primarily establish regulations to
comments if they are sent by any other proposed annual TACs and prohibit directed fishing for sideboard
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![62796 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
TACs are set to allow for increased considered to be ‘‘apportionments of annual TAC is apportioned to the A
harvest opportunities for these target annual catch limit (ACLs)’’ rather than season for hook-and-line, pot, and jig
species while conserving the halibut ‘‘ABCs.’’ This more accurately reflects gear from January 1 through June 7, and
PSC limit for use in other fisheries. The that such apportionments address for trawl gear from January 20 through
‘‘other rockfish’’ TAC is set to reduce management, rather than biological or June 10. Forty percent of the annual
the potential amount of discards of the conservation, concerns. In addition, TAC is apportioned to the B season for
species in that complex. The Atka apportionments of the ACL in this jig gear from June 10 through December
mackerel TAC is set to accommodate manner allow NMFS to balance any 31, for hook-and-line and pot gear from
incidental catch amounts in other transfer of TAC among Areas 67, 620, September 1 through December 31, and
fisheries. These reductions are and 630 pursuant to § 679.20(a)(5)(iv)(B) for trawl gear from September 1 through
described below. to ensure that the combined W/C/WYK November 1 (§§ 679.23(d)(3) and
NMFS’ proposed apportionments of ACL, ABC, and TAC are not exceeded. 679.20(a)(12)). The Western and Central
groundfish species are based on the NMFS proposes pollock TACs in the GOA Pacific cod TACs are allocated
distribution of biomass among the Western (Area 610), Central (Areas 620 among various gear and operational
regulatory areas under which NMFS and 630), and the West Yakutat District sectors. Additional detail is provided
manages the species. Additional (Area 640) and the SEO District (Area below; Table 3 lists the amounts
regulations govern the apportionment of 650) of the Eastern Regulatory Area of apportioned to each sector.
pollock, Pacific cod, and sablefish. the GOA (see Table 1). NMFS also The Council’s recommendation for
Additional detail on these proposes seasonal apportionment of the sablefish area apportionments takes into
apportionments are described below, annual pollock TAC in the Western and account the prohibition on the use of
and briefly summarized here. Central Regulatory Areas of the GOA trawl gear in the SEO District of the
The ABC for the pollock stock in the between Statistical Areas 67, 620, and Eastern Regulatory Area (§ 679.7(b)(1))
combined Western and Central 630. These apportionments are divided and makes available 5 percent of the
Regulatory Areas and the West Yakutat equally among each of the following combined Eastern Regulatory Area
District of the Eastern Regulatory Area four seasons: the A season (January 20 TACs to vessels using trawl gear for use
(W/C/WYK) includes the amount for the through March 10), the B season (March as incidental catch in other trawl
GHL established by the State for the 10 through May 31), the C season groundfish fisheries in the WYK District
Prince William Sound (PWS) pollock (August 25 through October 1), and the (§ 679.20(a)(4)(i)). Additional detail is
fishery. The Plan Team, SSC, AP, and D season (October 1 through November provided below. Tables 4 and 5 list the
Council recommended that the sum of 1) (§§ 679.23(d)(2)(i) through (iv), and proposed 2019 and 2020 allocations of
all State water and Federal water 679.20(a)(5)(iv)(A) and (B)). Additional the sablefish TAC to fixed gear and
pollock removals from the GOA not detail is provided below; Table 2 lists trawl gear in the GOA.
exceed ABC recommendations. For 2019 these amounts. For 2019 and 2020, the Council
and 2020, the SSC recommended and The proposed 2019 and 2020 Pacific recommends and NMFS proposes the
the Council recommended the cod TACs are set to accommodate the OFLs, ABCs, and TACs listed in Table
combined W/C/WYK pollock ABC, State’s GHLs for Pacific cod in State 1. The proposed ABCs reflect harvest
including the amount to account for the waters in the Western and Central amounts that are less than the specified
State’s PWS GHL. At the November Regulatory Areas, as well as in PWS. overfishing levels. Table 1 lists the
2017 Plan Team meeting, State fisheries The Plan Team, SSC, AP, and Council proposed 2019 and 2020 OFLs, ABCs,
managers recommended setting the recommended that the sum of all State TACs, and area apportionments of
PWS GHL at 2.5 percent of the annual water and Federal water Pacific cod groundfish in the GOA. These amounts
W/C/WYK pollock ABC. For 2019, this removals from the GOA not exceed ABC are consistent with the biological
yields a PWS pollock GHL of 2,664 mt, recommendations. Therefore, the condition of groundfish stocks as
a decrease from the 2018 PWS GHL of proposed 2019 and 2020 Pacific cod described in the 2017 SAFE report, and
4,037 mt. After accounting for PWS TACs are less than the proposed ABCs adjusted for other biological and
GHL, the 2019 and 2020 pollock ABC by the following amounts: (1) Western socioeconomic considerations,
for the combined W/C/WYK areas is GOA, 2,290 mt; (2) Central GOA, 1,917 including maintaining the total TAC
then apportioned between four mt; and (3) Eastern GOA, 425 mt. These within the required OY range. The sum
statistical areas (Areas 67, 620, 630, and amounts reflect the State’s 2019 and of the proposed TACs for all GOA
640) as both ABCs and TACs, as 2020 GHLs in these areas, which are 30 groundfish is 375,280 mt for 2019 and
described below and detailed in Table 1. percent of the Western GOA proposed 2020, which is within the OY range
The total ABCs and TACs for the four ABC, and 25 percent of the Eastern and specified by the FMP. These proposed
statistical areas, plus the State GHL, do Central GOA proposed ABCs. amounts and apportionments by area,
not exceed the combined W/C/WYK NMFS proposes Pacific cod TACs in season, and sector are subject to change
ABC. The proposed W/C/WYK 2019 and the Western, Central, and Eastern GOA pending consideration of the 2018 SAFE
2020 pollock ABC is 106,569 mt, and (see Table 1). NMFS also proposes report and the Council’s
the proposed TAC is 103,905 mt. seasonal apportionments of the Pacific recommendations for the final 2019 and
Apportionments of pollock to the W/ cod TAC in the Western and Central 2020 harvest specifications during its
C/WYK management areas are Regulatory Areas. Sixty percent of the December 2018 meeting.
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TABLE 1—PROPOSED 2019 AND 2020 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE
DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA
[Values are rounded to the nearest metric ton]
Species Area 1 OFL ABC TAC 2
Pollock 2 .......................................................... Shumagin (610) .............................................. n/a 19,921 19,921
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![Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules 62797
TABLE 1—PROPOSED 2019 AND 2020 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE
DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA—Continued
[Values are rounded to the nearest metric ton]
Species Area 1 OFL ABC TAC 2
Chirikof (620) .................................................. n/a 52,459 52,459
Kodiak (630) ................................................... n/a 27,016 27,016
WYK (640) ...................................................... n/a 4,509 4,509
W/C/WYK (subtotal) ....................................... 131,170 106,569 103,905
SEO (650) ...................................................... 11,697 8,773 8,773
Total ............................................................... 142,867 115,341 112,678
Pacific cod 3 .................................................... W .................................................................... n/a 7,633 5,343
C ..................................................................... n/a 7,667 5,750
E ..................................................................... n/a 1,700 1,275
Total ............................................................... 21,412 17,000 12,368
Sablefish 4 ....................................................... W .................................................................... n/a 2,174 2,174
C ..................................................................... n/a 7,260 7,260
WYK ............................................................... n/a 2,573 2,573
SEO ................................................................ n/a 4,187 4,187
E (WYK and SEO) (subtotal) ......................... n/a 6,760 6,760
Total ............................................................... 35,989 16,194 16,194
Shallow-water flatfish 5 .................................... W .................................................................... n/a 25,544 13,250
C ..................................................................... n/a 25,655 25,655
WYK ............................................................... n/a 2,272 2,272
SEO ................................................................ n/a 1,951 1,951
Total ............................................................... 68,114 55,422 43,128
Deep-water flatfish 6 ........................................ W .................................................................... n/a 416 416
C ..................................................................... n/a 3,442 3,442
WYK ............................................................... n/a 3,279 3,279
SEO ................................................................ n/a 2,361 2,361
Total ............................................................... 11,431 9,499 9,499
Rex sole .......................................................... W .................................................................... n/a 2,909 2,909
C ..................................................................... n/a 8,236 8,236
WYK ............................................................... n/a 1,657 1,657
SEO ................................................................ n/a 1,727 1,727
Total ............................................................... 17,692 14,529 14,529
Arrowtooth flounder ......................................... W .................................................................... n/a 35,844 14,500
C ..................................................................... n/a 70,700 48,000
WYK ............................................................... n/a 15,845 6,900
SEO ................................................................ n/a 22,845 6,900
Total ............................................................... 173,872 145,234 76,300
Flathead sole .................................................. W .................................................................... n/a 13,222 8,650
C ..................................................................... n/a 21,087 15,400
WYK ............................................................... n/a 2,013 2,013
SEO ................................................................ n/a 424 424
Total ............................................................... 44,822 36,746 26,487
Pacific ocean perch 7 ...................................... W .................................................................... n/a 3,240 3,240
C ..................................................................... n/a 19,678 19,678
WYK ............................................................... n/a 3,298 3,298
W/C/WYK ....................................................... 31,170 26,216 26,216
SEO ................................................................ 2,840 2,389 2,389
Total ............................................................... 34,010 28,605 28,605
Northern rockfish 8 .......................................... W .................................................................... n/a 382 382
C ..................................................................... n/a 2,965 2,965
E ..................................................................... n/a 3 ........................
khammond on DSK30JT082PROD with PROPOSAL
Total ............................................................... 3,984 3,350 3,347
Shortraker rockfish 9 ........................................ W .................................................................... n/a 44 44
C ..................................................................... n/a 305 305
E ..................................................................... n/a 514 514
Total ............................................................... 1,151 863 863
Dusky rockfish 10 ............................................. W .................................................................... n/a 135 135
C ..................................................................... n/a 3,246 3,246
WYK ............................................................... n/a 215 215
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![62798 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
TABLE 1—PROPOSED 2019 AND 2020 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE
DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA—Continued
[Values are rounded to the nearest metric ton]
Species Area 1 OFL ABC TAC 2
SEO ................................................................ n/a 72 72
Total ............................................................... 4,488 3,668 3,668
Rougheye and blackspotted rockfish 11 .......... W .................................................................... n/a 174 174
C ..................................................................... n/a 550 550
E ..................................................................... n/a 703 703
Total ............................................................... 1,715 1,427 1,427
Demersal shelf rockfish 12 ............................... SEO ................................................................ 394 250 250
Thornyhead rockfish 13 .................................... W .................................................................... n/a 344 344
C ..................................................................... n/a 921 921
E ..................................................................... n/a 773 773
Total ............................................................... 2,717 2,038 2,038
Other rockfish 14 15 .......................................... W/C combined ................................................ n/a 1,737 1,737
WYK ............................................................... n/a 368 368
SEO ................................................................ n/a 3,488 200
Total ............................................................... 7,356 5,593 2,305
Atka mackerel ................................................. GW ................................................................. 6,200 4,700 3,000
Big skates 16 .................................................... W .................................................................... n/a 504 504
C ..................................................................... n/a 1,774 1,774
E ..................................................................... n/a 570 570
Total ............................................................... 3,797 2,848 2,848
Longnose skates 17 ......................................... W .................................................................... n/a 149 149
C ..................................................................... n/a 2,804 2,804
E ..................................................................... n/a 619 619
Total ............................................................... 4,763 3,572 3,572
Other skates 18 ................................................ GW ................................................................. 1,845 1,384 1,384
Sculpins ........................................................... GW ................................................................. 6,958 5,301 5,301
Sharks ............................................................. GW ................................................................. 6,020 4,514 4,514
Octopuses ....................................................... GW ................................................................. 1,300 975 975
Total 19 ..................................................... ......................................................................... 602,897 479,050 375,280
1 Regulatory areas and districts are defined at § 679.2. (W=Western Gulf of Alaska; C=Central Gulf of Alaska; E=Eastern Gulf of Alaska;
WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide).
2 The total for the W/C/WYK management area pollock ABC is 106,569 mt. After deducting 2.5 percent (2,664 mt) of that ABC for the State’s
pollock GHL fishery, the remaining pollock ABC of 103,905 mt (for the W/C/WYK management areas) is apportioned among four statistical areas
(Areas 67, 620, 630, and 640). These apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment
purposes.
The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 2. In the West Yakutat (Area 640) and Southeast
Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
3 The annual Pacific cod TAC is apportioned 60 percent to the A season and 40 percent to the B season in the Western and Central Regu-
latory Areas of the GOA. Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod
for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the offshore component. Table 3
lists the proposed 2019 and 2020 Pacific cod seasonal apportionments.
4 Sablefish is allocated to fixed and trawl gear in 2019 and trawl gear in 2020. Tables 4 and 5 list the proposed 2019 and 2020 allocations of
sablefish TACs.
5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder.
6 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, Kamchatka flounder, and deep-sea sole.
7 ‘‘Pacific ocean perch’’ means Sebastes alutus.
8 ‘‘Northern rockfish’’ means Sebastes polyspinous. For management purposes the 3 mt apportionment of ABC to the WYK District of the East-
ern Regulatory Area has been included in the other rockfish species group.
9 ‘‘Shortraker rockfish’’ means Sebastes borealis.
10 ‘‘Dusky rockfish’’ means Sebastes variabilis.
11 ‘‘Rougheye and blackspotted rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
12 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.
helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
13 ‘‘Thornyhead rockfish’’ means Sebastes species.
14 ‘‘Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri
khammond on DSK30JT082PROD with PROPOSAL
(darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S.
zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S.
reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, ‘‘other rockfish’’ also includes northern rockfish
(S. polyspinous).
15 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District of the Eastern Regulatory Area means all
rockfish species included in the ‘‘other rockfish’’ and demersal shelf rockfish categories. The ‘‘other rockfish’’ species group in the SEO District
only includes other rockfish.
16 ‘‘Big skates’’ means Raja binoculata.
17 ‘‘Longnose skates’’ means Raja rhina.
18 ‘‘Other skates’’ means Bathyraja and Raja spp.
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![Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules 62799
19 On July 6, 2018, the final rule to implement Amendment 106 to the FMP was published (83 FR 31460). This rule reclassified 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.
NMFS will no longer set an OFL, ABC, and TAC for squid in the GOA groundfish harvest specifications, beginning with the proposed 2019 and
2020 harvest specifications.
Proposed Apportionment of Reserves apportioned among Statistical Areas 67, added to, or subtracted from,
620, and 630 in proportion to the subsequent seasonal allowances in a
Section 679.20(b)(2) requires NMFS to
distribution of pollock biomass, manner to be determined by the
set aside 20 percent of each TAC for
pursuant to § 679.20(a)(5)(iv)(A). In the Regional Administrator
pollock, Pacific cod, flatfish, sculpins,
A and B seasons, the apportionments (§ 679.20(a)(5)(iv)(B)). The rollover
sharks, and octopuses in reserves for
had historically, since 2000, been based amount is limited to 20 percent of the
possible apportionment at a later date
on the proportional distribution of seasonal TAC apportionment for the
during the fishing year. Section
pollock biomass based on the four most statistical area. Any unharvested
679.20(b)(3) authorizes NMFS to
recent NMFS winter surveys. In the C pollock above the 20-percent limit could
reapportion all or part of these reserves.
and D seasons, the apportionments were be further distributed to the subsequent
In 2018, NMFS reapportioned all of the in proportion to the distribution of
reserves in the final harvest season in other statistical areas, in
pollock biomass based on the four most proportion to the estimated biomass and
specifications. For 2019 and 2020, recent NMFS summer surveys. For 2019
NMFS proposes reapportionment of in an amount no more than 20 percent
and 2020, the Council recommends, and of the seasonal TAC apportionment in
each of the reserves for pollock, Pacific NMFS proposes, following the
cod, flatfish, sculpins, sharks, and those statistical areas
methodology that was used for the 2018 (§ 679.20(a)(5)(iv)(B)). The proposed
octopuses back into the original TAC and 2019 harvest specifications. This
from which the reserve was derived. 2019 and 2020 pollock TACs in the
methodology averages the winter and WYK District of 4,509 mt and the SEO
NMFS expects, based on recent harvest summer distribution of pollock in the
patterns, that such reserves are not District of 8,773 mt are not allocated by
Central Regulatory Area for the A season season.
necessary and the entire TAC for each instead of using the distribution based
of these species will be caught. The on only the winter surveys. The average Table 2 lists the proposed 2019 and
TACs in Table 1 reflect this proposed is intended to reflect the best available 2020 seasonal biomass distribution of
reapportionment of reserve amounts for information about migration patterns, pollock in the Western and Central
these species and species groups, i.e., distribution of pollock, and the Regulatory Areas, area apportionments,
each proposed TAC for the above- performance of the fishery in the area and seasonal allowances. The amounts
mentioned species or species groups during the A season. For the A season, of pollock for processing by the inshore
contains the full TAC recommended by the apportionment is based on the and offshore components are not shown.
the Council. proposed adjusted estimate of the Section 679.20(a)(6)(i) requires the
relative distribution of pollock biomass allocation of 100 percent of the pollock
Proposed Apportionments of Pollock
of approximately 3 percent, 73 percent, apportionments in all regulatory areas
TAC Among Seasons and Regulatory
and 24 percent in Statistical Areas 67, and all seasonal allowances to vessels
Areas, and Allocations for Processing by
620, and 630, respectively. For the B catching pollock for processing by the
Inshore and Offshore Components
season, the apportionment is based on inshore component after subtraction of
In the GOA, pollock is apportioned by the relative distribution of pollock amounts projected by the Regional
season and area, and is further allocated biomass of approximately 3 percent, 85 Administrator to be caught by, or
for processing by inshore and offshore percent, and 11 percent in Statistical delivered to, the offshore component
components. Pursuant to Areas 67, 620, and 630, respectively. For incidental to directed fishing for other
§ 679.20(a)(5)(iv)(B), the annual pollock the C and D seasons, the apportionment groundfish species. Thus, the amount of
TAC specified for the Western and is based on the relative distribution of pollock available for harvest by vessels
Central Regulatory Areas of the GOA is pollock biomass of approximately 37 harvesting pollock for processing by the
apportioned into four equal seasonal percent, 27 percent, and 37 percent in offshore component is that amount that
allowances of 25 percent. As established Statistical Areas 67, 620, and 630, will be taken as incidental catch during
by § 679.23(d)(2)(i) through (iv), the A, respectively. The pollock chapter of the directed fishing for groundfish species
B, C, and D season allowances are 2017 SAFE report (see ADDRESSES) other than pollock, up to the maximum
available from January 20 through contains a comprehensive description of retainable amounts allowed by
March 7, March 10 through May 31, the apportionment process and reasons § 679.20(e) and (f). At this time, the
August 25 through October 1, and for the minor changes from past incidental catch amounts of pollock are
October 1 through November 1, apportionments. unknown and will be determined
respectively. Within any fishing year, the amount during the 2019 fishing year during the
Pollock TACs in the Western and by which a seasonal allowance is course of fishing activities by the
Central Regulatory Areas of the GOA are underharvested or overharvested may be offshore component.
TABLE 2—PROPOSED 2019 AND 2020 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS
OF THE GULF OF ALASKA; SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES
OF ANNUAL TAC 1
khammond on DSK30JT082PROD with PROPOSAL
[Values are rounded to the nearest metric ton]
Season 2 Shumagin Chirikof Kodiak Total 3
(Area 610) (Area 620) (Area 630)
A (Jan 20–Mar 10) ....... 869 (3.50%) 18,025 (72.54%) 5,955 (23.97%) 24,849
B (Mar 10–May 31) ...... 869 (3.50%) 21,219 (85.39%) 2,761 (11.11%) 24,849
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![62800 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
TABLE 2—PROPOSED 2019 AND 2020 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS
OF THE GULF OF ALASKA; SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES
OF ANNUAL TAC 1—Continued
[Values are rounded to the nearest metric ton]
C (Aug 25–Oct 1) ......... 9,091 (36.59%) 6,608 (26.59%) 9,150 (36.82%) 24,849
D (Oct 1–Nov 1) ........... 9,091 (36.59%) 6,608 (26.59%) 9,150 (36.82%) 24,849
Annual Total .......... 19,921 ........................ 52,459 ........................ 27,016 ........................ 99,395
1 Areaapportionments and seasonal allowances may not total precisely due to rounding.
2 As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 through March 10,
March 10 through May 31, August 25 through October 1, and October 1 through November 1, respectively. The amounts of pollock for proc-
essing by the inshore and offshore components are not shown in this table.
3 The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs
shown in this table.
Proposed Annual and Seasonal gear, C/Ps using trawl gear, and vessels depending on the annual performance
Apportionments of Pacific Cod TAC using pot gear (§ 679.20(a)(12)(i)(A)). of the jig sector (see Table 1 of
Pursuant to § 679.20(a)(12)(i), NMFS The overall seasonal apportionments in Amendment 83 to the FMP for a
proposes allocations for the 2019 and the Western and Central GOA are 60 detailed discussion of the jig sector
2020 Pacific cod TACs in the Western percent of the annual TAC to the A allocation process (76 FR 74670,
and Central Regulatory Areas of the season and 40 percent of the annual December 1, 2011)). Jig sector allocation
GOA among gear and operational TAC to the B season. increases are established for a minimum
sectors. NMFS also proposes allocating Under § 679.20(a)(12)(ii), any overage of 2 years.
the 2019 and 2020 Pacific cod TACs or underage of the Pacific cod allowance NMFS has evaluated the historical
annually between the inshore and from the A season may be subtracted harvest performance of the jig sector in
offshore components in the Eastern from, or added to, the subsequent B the Western and Central GOA, and is
Regulatory Area of the GOA season allowance. In addition, any establishing the proposed 2019 and
(§ 679.20(a)(6)(ii)). In the Central GOA, portion of the hook-and-line, trawl, pot, 2020 Pacific cod apportionments to this
the Pacific cod TAC is apportioned or jig sector allocations that is sector based on its historical harvest
seasonally first to vessels using jig gear, determined by NMFS as likely to go performance through 2017. For 2019
and then among catcher vessels (CVs) unharvested by a sector may be and 2020, NMFS proposes that the jig
less than 50 feet in length overall using reallocated to other sectors for harvest sector receive 1.5 percent of the annual
hook-and-line gear, CVs equal to or during the remainder of the fishing year. Pacific cod TAC in the Western GOA.
greater than 50 feet in length overall Pursuant to § 679.20(a)(12)(i)(A) and This includes a base allocation of 1.5
using hook-and-line gear, catcher/ (B), a portion of the annual Pacific cod percent and no additional performance
processors (C/Ps) using hook-and-line TACs in the Western and Central GOA increase. NMFS also proposes that the
gear, CVs using trawl gear, C/Ps using will be allocated to vessels with a jig sector receive 1.0 percent of the
trawl gear, and vessels using pot gear Federal fisheries permit that use jig gear annual Pacific cod TAC in the Central
(§ 679.20(a)(12)(i)(B)). In the Western before the TACs are apportioned among GOA. This includes a base allocation of
GOA, the Pacific cod TAC is other non-jig sectors. In accordance with 1.0 percent and no additional
apportioned seasonally first to vessels the FMP, the annual jig sector performance increase. The 2014–2017
using jig gear, and then among CVs allocations may increase to up to 6 Pacific cod jig allocations, catch, and
using hook-and-line gear, C/Ps using percent of the annual Western and percent allocation changes are listed in
hook-and-line gear, CVs using trawl Central GOA Pacific cod TACs, Figure 1.
FIGURE 1—SUMMARY OF WESTERN GOA AND CENTRAL GOA PACIFIC COD CATCH BY JIG GEAR IN 2014 THROUGH
2017, AND CORRESPONDING PERCENT ALLOCATION CHANGES
Percent of
Initial percent Initial TAC Catch initial >90% of initial Change to percent
Area Year of TAC allocation (mt) allocation allocation? allocation
(%) (%)
WGOA .......... 2014 2.5 573 785 137 Y Increase 1%.
2015 3.5 948 55 6 N None.
2016 3.5 992 52 5 N Decrease 1%.
2017 2.5 635 49 8 N Decrease 1%.
CGOA .......... 2014 2.0 797 262 33 N Decrease 1%.
2015 1.0 460 355 77 N None.
khammond on DSK30JT082PROD with PROPOSAL
2016 1.0 370 267 72 N None.
2017 1.0 331 18 6 N None.
NMFS will re-evaluate the annual when the 2018 fishing year is complete action in conjunction with the final
2018 harvest performance of the jig to determine whether to change the jig 2019 and 2020 harvest specifications.
sector in the Western and Central GOA sector allocations proposed by this The current catch through October 2018
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![Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules 62801
by the Western GOA jig sector indicates NMFS prohibited directed fishing for apportioned between the A (60 percent)
that the Pacific cod allocation Pacific cod by vessels using jig gear in and B (40 percent) seasons
percentage to this sector would probably the Central GOA in 2018, due to the (§§ 679.20(a)(12)(i) and
increase by 1 percent in 2019 (from 1.5 small apportionment of Pacific cod to 679.23(d)(3)(iii)).
percent to 2.5 percent). Also, the current this sector and the potential for the
Table 3 lists the seasonal
catch by the Central GOA jig sector Central GOA jig sector to exceed the
apportionments and allocations of the
indicates that this sector’s Pacific cod TAC, were directed fishing to be open.
allocation percentage would not change The jig sector allocations for the proposed 2019 and 2020 Pacific cod
in 2019, and would remain at 1 percent. Western and Central GOA are further TACs.
TABLE 3—PROPOSED 2019 AND 2020 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS
IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA FOR
PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS
[Values are rounded to the nearest metric ton]
A Season B Season
Annual Sector Sector
Regulatory area and sector allocation Seasonal Seasonal
percentage of percentage of
(mt) allowances allowances
annual non-jig annual non-jig
(mt) (mt)
TAC TAC
Western GOA
Jig (1.5% of TAC) ................................................................ 80 N/A 48 N/A 23
Hook-and-line CV ................................................................. 74 0.70 37 0.70 37
Hook-and-line C/P ................................................................ 1,042 10.90 574 8.90 468
Trawl CV .............................................................................. 2,021 27.70 1,458 10.70 563
Trawl C/P ............................................................................. 126 0.90 47 1.50 79
Pot CV and Pot C/P ............................................................. 2,000 19.80 1,042 18.20 958
Total .............................................................................. 5,343 60.00 3,206 40.00 2,137
Central GOA
Jig (1.0% of TAC) ................................................................ 58 N/A 35 N/A 32
Hook-and-line <50 CV ......................................................... 831 9.32 530 5.29 301
Hook-and-line ≥50 CV ......................................................... 382 5.61 319 1.10 62
Hook-and-line C/P ................................................................ 291 4.11 234 1.00 57
Trawl CV 1 ............................................................................ 2,367 21.13 1,203 20.45 1,164
Trawl C/P ............................................................................. 239 2.00 114 2.19 125
Pot CV and Pot C/P ............................................................. 1,583 17.83 1,015 9.97 568
Total .............................................................................. 5,750 60.00 3,450 40.00 2,300
Eastern GOA ........................................................................ ........................ Inshore (90% of Annual TAC) Offshore (10% of Annual TAC)
1,275 1,148 128
1 Trawl
catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 219 mt, of the annual Central GOA Pacific cod
TAC. This apportionment percentage is specified in Table 28c to 50 CFR part 679. This apportionment is deducted from the Trawl CV B season
allowance (see Table 8: Apportionments of Rockfish Secondary Species in the Central GOA).
Proposed Allocations of the Sablefish the Eastern Regulatory Area, the Council proposed 2020 sablefish TACs to trawl
TAC Amounts to Vessels Using Fixed recommended and NMFS proposes gear.
Gear and Trawl Gear specifying for incidental catch the The Council recommended that the
Section 679.20(a)(4)(i) and (ii) allocation of 5 percent of the combined trawl sablefish TAC be established for 2
requires allocations of sablefish TACs Eastern Regulatory Area sablefish TAC years so that retention of incidental
for each of the regulatory areas and to trawl gear in the WYK District. The catch of sablefish by trawl gear could
districts to fixed and trawl gear. In the remainder of the WYK sablefish TAC is commence in January in the second year
Western and Central Regulatory Areas, available to vessels using fixed gear. of the groundfish harvest specifications.
80 percent of each TAC is allocated to This proposed action allocates 100 Tables 4 and 5 list the proposed 2019
fixed gear, and 20 percent of each TAC percent of the sablefish TAC in the SEO and 2020 trawl allocations, respectively.
is allocated to trawl gear. In the Eastern District to vessels using fixed gear. This The Council recommended that the
Regulatory Area, 95 percent of the TAC results in a proposed 2019 allocation of fixed gear sablefish TAC be established
is allocated to fixed gear, and 5 percent 338 mt to trawl gear and 2,235 mt to annually to ensure that the sablefish IFQ
khammond on DSK30JT082PROD with PROPOSAL
is allocated to trawl gear. The trawl gear fixed gear in the WYK District, a fishery is conducted concurrently with
allocation in the Eastern Regulatory proposed 2019 allocation of 4,187 mt to the halibut IFQ fishery and is based on
Area may only be used to support fixed gear in the SEO District, and a the most recent survey information.
incidental catch of sablefish, while proposed 2020 allocation of 338 mt to Since there is an annual assessment for
directed fishing for other target species trawl gear in the WYK District. Table 4 sablefish and the final harvest
using trawl gear (§ 679.20(a)(4)(i)). lists the allocations of the proposed specifications are expected to be
In recognition of the prohibition 2019 sablefish TACs to fixed and trawl published before the IFQ season begins
against trawl gear in the SEO District of gear. Table 5 lists the allocations of the (typically, in early March), the Council
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![62802 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
recommended that the fixed gear allocations will be specified in the 2020 fishing for groundfish with trawl gear is
sablefish TAC be set annually, rather and 2021 harvest specifications. prohibited prior to January 20.
than for 2 years, so that the best With the exception of the trawl Therefore, it is not likely that the
available scientific information could be allocations that are provided to the sablefish allocation to trawl gear would
considered in establishing the sablefish Rockfish Program cooperatives (see be reached before the effective date of
ABCs and TACs. Accordingly, Table 4 Table 28c to 50 CFR part 679), directed the final 2019 and 2020 harvest
lists the proposed 2019 fixed gear fishing for sablefish with trawl gear is specifications.
allocations, and the 2020 fixed gear closed during the fishing year. Also,
TABLE 4—PROPOSED 2019 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO FIXED AND TRAWL
GEAR
[Values are rounded to the nearest metric ton]
Fixed gear Trawl
Area/district TAC allocation allocation
Western ........................................................................................................................................ 2,174 1,739 435
Central 1 ....................................................................................................................................... 7,260 5,808 1,452
West Yakutat 2 ............................................................................................................................. 2,573 2,235 338
Southeast Outside ....................................................................................................................... 4,187 4,187 0
Total ...................................................................................................................................... 16,194 13,969 2,225
1 The trawl allocation to the Central Regulatory Area is further reduced by the sablefish apportioned to the Rockfish Program cooperatives (747
mt). See Table 8: Apportionments of Rockfish Secondary Species in the Central GOA. This results in 705 mt being available for the non-Rockfish
Program trawl fisheries.
2 The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Out-
side Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
TABLE 5—PROPOSED 2020 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATION TO TRAWL GEAR 1
[Values are rounded to the nearest metric ton]
Fixed gear Trawl
Area/district TAC allocation allocation
Western ...................................................................................................... 2,174 n/a .................................................... 435
Central 2 ..................................................................................................... 7,260 n/a .................................................... 1,452
West Yakutat 3 ........................................................................................... 2,573 n/a .................................................... 338
Southeast Outside ..................................................................................... 4,187 n/a .................................................... 0
Total .................................................................................................... 16,194 n/a .................................................... 2,225
1 The Council recommended that harvest specifications for the fixed gear sablefish Individual Fishing Quota fisheries be limited to 1 year.
2 The trawl allocation to the Central Regulatory Area is further reduced by the sablefish apportioned to the Rockfish Program cooperatives (747
mt). See Table 8: Apportionments of Rockfish Secondary Species in the Central GOA. This results in 705 mt being available for the non-Rockfish
Program trawl fisheries.
3 The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Out-
side Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
Proposed Allocations, Apportionments, opt out of the fishery. The Rockfish to increase their participation in other,
and Sideboard Limitations for the Program also has an entry level fishery non-Rockfish Program fisheries. These
Rockfish Program for rockfish primary species for vessels restrictions, as well as halibut PSC
using longline gear. Longline gear limits, are discussed in a subsequent
These proposed 2019 and 2020 includes hook-and-line, jig, troll, and section titled ‘‘Rockfish Program
harvest specifications for the GOA handline gear. Groundfish Sideboard and Halibut PSC
include the fishery cooperative Under the Rockfish Program, rockfish Limitations.’’
allocations and sideboard limitations primary species in the Central GOA are Section 679.81(a)(2)(ii) and Table 28e
established by the Rockfish Program. allocated to participants after deducting to 50 CFR part 679 require allocations
Program participants are primarily trawl for incidental catch needs in other of 5 mt of Pacific ocean perch, 5 mt of
CVs and trawl C/Ps, with limited directed groundfish fisheries northern rockfish, and 50 mt of dusky
participation by vessels using longline (§ 679.81(a)(2)). Participants in the rockfish to the entry level longline
gear. The Rockfish Program assigns Rockfish Program also receive a portion fishery in 2019 and 2020. The allocation
quota share and cooperative quota to of the Central GOA TAC of specific for the entry level longline fishery may
participants for primary species (Pacific secondary species. Besides groundfish increase incrementally each year if the
ocean perch, northern rockfish, and species, the Rockfish Program allocates catch exceeds 90 percent of the
dusky rockfish) and secondary species a portion of the halibut PSC limit (191 allocation of a species. The incremental
khammond on DSK30JT082PROD with PROPOSAL
(Pacific cod, rougheye rockfish, mt) from the third season deep-water increase in the allocation would
sablefish, shortraker rockfish, and species fishery allowance for the GOA continue each year until it reaches the
thornyhead rockfish), allows a trawl fisheries to Rockfish Program maximum percentage of the TAC for
participant holding a license limitation participants (§ 679.81(d) and Table 28d that species. In 2018, the catch for all
program (LLP) license with rockfish to 50 CFR part 679). The Rockfish three primary species did not exceed 90
quota share to form a rockfish Program also establishes sideboard percent of any allocated rockfish
cooperative with other persons, and limits to restrict the ability of harvesters species. Therefore, NMFS is not
allows holders of C/P LLP licenses to that operate under the Rockfish Program proposing any increases to the entry
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level longline fishery 2019 and 2020 (§ 679.81(a)(2)(iii)). Table 6 lists the increases for future years, and the
allocations in the Central GOA. The allocations of the proposed 2019 and maximum percentages of the TAC for
remainder of the TACs for the rockfish 2020 TACs for each rockfish primary the entry level longline fishery.
primary species would be allocated to species to the entry level longline
the CV and C/P cooperatives fishery, the potential incremental
TABLE 6—PROPOSED 2019 AND 2020 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES TO THE ENTRY LEVEL LONGLINE
FISHERY IN THE CENTRAL GULF OF ALASKA
Up to maximum
2019 and 2020 Incremental increase in 2020 if ≥90
Rockfish primary species percent of each
allocations percent of 2019 allocation is harvested TAC of:
Pacific ocean perch ................................ 5 metric tons ......................................... 5 metric tons ......................................... 1%
Northern rockfish .................................... 5 metric tons ......................................... 5 metric tons ......................................... 2%
Dusky rockfish ........................................ 50 metric tons ....................................... 20 metric tons ....................................... 5%
Section 679.81 requires allocations of GOA of 4,000 mt of Pacific ocean perch, P cooperatives are not due to NMFS
rockfish primary species among various 300 mt of northern rockfish, and 250 mt until March 1 of each calendar year;
sectors of the Rockfish Program. Table 7 of dusky rockfish. These amounts are therefore, NMFS cannot calculate 2019
lists the proposed 2019 and 2020 based on recent average incidental and 2020 allocations in conjunction
allocations of rockfish primary species catches in the Central GOA by other with these proposed harvest
in the Central GOA to the entry level groundfish fisheries. specifications. NMFS will post the 2019
longline fishery, and rockfish CV and C/ Allocations among vessels belonging allocations on the Alaska Region
P cooperatives in the Rockfish Program. to CV or C/P cooperatives are not website at http://
NMFS also proposes setting aside included in these proposed harvest alaskafisheries.noaa.gov/fisheries/
incidental catch amounts (ICAs) for specifications. Rockfish Program central-goa-rockfish-program when they
other directed fisheries in the Central applications for CV cooperatives and C/ become available after March 1.
TABLE 7—PROPOSED 2019 AND 2020 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES IN THE CENTRAL GULF OF ALASKA
TO THE ENTRY LEVEL LONGLINE FISHERY AND ROCKFISH COOPERATIVES IN THE ROCKFISH PROGRAM
[Values are rounded to the nearest metric ton]
Incidental Allocation to Allocation to
Central GOA catch TAC minus the entry level
Rockfish primary species the rockfish
TAC allowance ICA longline 1 cooperatives 2
(ICA) fishery
Pacific ocean perch ............................................................. 19,678 4,000 15,678 5 15,673
Northern rockfish .................................................................. 2,965 300 2,665 5 2,660
Dusky rockfish ...................................................................... 3,246 250 2,996 50 2,946
Total .............................................................................. 25,889 4,550 21,339 60 21,279
1 Longline gear includes hook-and-line, jig, troll, and handline gear (§ 679.2).
2 Rockfish cooperatives include vessels in CV and C/P cooperatives (§ 679.81).
Section 679.81(c) and Table 28c to 50 Pacific cod, sablefish from the trawl gear and thornyhead rockfish. Table 8 lists
CFR part 679 requires allocations of allocation, and thornyhead rockfish. C/ the apportionments of the proposed
rockfish secondary species to CV and C/ P cooperatives receive allocations of 2019 and 2020 TACs of rockfish
P cooperatives in the Central GOA. CV sablefish from the trawl allocation, secondary species in the Central GOA to
cooperatives receive allocations of rougheye rockfish, shortraker rockfish, CV and C/P cooperatives.
TABLE 8—PROPOSED 2019 AND 2020 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO
CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES
[Values are in metric tons]
Catcher vessel cooperatives Catcher/processor
cooperatives
Central GOA
Rockfish secondary species annual TAC Percentage of Apportionment Percentage of Apportionment
TAC (mt) TAC (mt)
khammond on DSK30JT082PROD with PROPOSAL
Pacific cod ............................................................................ 5,750 3.81 219 0.0 0
Sablefish .............................................................................. 7,260 6.78 492 3.51 255
Shortraker rockfish ............................................................... 305 0.0 0 40.00 122
Rougheye rockfish ............................................................... 550 0.0 0 58.87 324
Thornyhead rockfish ............................................................ 921 7.84 72 26.50 244
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Halibut PSC Limits from the non-trawl halibut PSC limit for information in seasonally apportioning
Section 679.21(d) establishes annual 2019 and 2020. The Council halibut PSC limits: (1) Seasonal
halibut PSC limit apportionments to recommended, and NMFS is proposing, distribution of halibut, (2) seasonal
trawl and hook-and-line gear, and these exemptions because (1) pot gear distribution of target groundfish species
authorizes the establishment of fisheries have low annual halibut relative to halibut distribution, (3)
apportionments for pot gear. In October bycatch mortality; (2) IFQ program expected halibut bycatch needs on a
2018, the Council recommended regulations prohibit discard of halibut if seasonal basis relative to changes in
proposed halibut PSC limits of 1,706 mt any halibut IFQ permit holder on board halibut biomass and expected catch of
for trawl gear, 257 mt for hook-and-line a CV holds unused halibut IFQ for that target groundfish species, (4) expected
gear, and 9 mt for the demersal shelf vessel category and the IFQ regulatory bycatch rates on a seasonal basis, (5)
rockfish (DSR) fishery in the SEO area in which the vessel is operating expected changes in directed groundfish
District. (§ 679.7(f)(11)); (3) some sablefish IFQ fishing seasons, (6) expected actual start
The DSR fishery in the SEO District permit holders hold halibut IFQ permits of fishing effort, and (7) economic
is defined at § 679.21(d)(2)(ii)(A). This and are therefore required to retain the effects of establishing seasonal halibut
fishery is apportioned 9 mt of the halibut they catch while fishing allocations on segments of the target
halibut PSC limit in recognition of its sablefish IFQ; and (4) NMFS estimates groundfish industry. Based on public
small-scale harvests of groundfish. negligible halibut mortality for the jig comment and the information presented
NMFS estimates low halibut bycatch in gear fisheries given the small amount of in the 2018 SAFE report, the Council
the DSR fishery because (1) The groundfish harvested by jig gear, the may recommend, or NMFS may make
duration of the DSR fisheries and the selective nature of jig gear, and the high changes to the seasonal, gear-type, or
gear soak times are short, (2) the DSR survival rates of halibut caught and fishery category apportionments of
fishery occurs in the winter when there released with jig gear. halibut PSC limits for the final 2019 and
is less overlap in the distribution of DSR The best available information on 2020 harvest specifications pursuant to
and halibut, and (3) the directed estimated halibut bycatch consists of § 679.21(d)(1) and (d)(4).
commercial DSR fishery has a low DSR data collected by fisheries observers The final 2018 and 2019 harvest
TAC. The Alaska Department of Fish during 2018. The calculated halibut specifications (83 FR 8768, March 1,
and Game sets the commercial GHL for bycatch mortality through October 30, 2018) summarized the Council’s and
the DSR fishery after deducting (1) 2018, is 1,037 mt for trawl gear and 44 NMFS’ findings with respect to halibut
estimates of DSR incidental catch in all mt for hook-and-line gear for a total PSC for each of these FMP
fisheries (including halibut and halibut mortality of 1,081 mt. This considerations. The Council’s and
subsistence); and (2) the allocation to halibut mortality was calculated using NMFS’ findings for 2019 are unchanged
the DSR sport fish fishery. Of the 250 mt groundfish and halibut catch data from from 2018. Table 9 lists the proposed
TAC for DSR in 2018, 50 mt were the NMFS Alaska Region’s catch 2019 and 2020 Pacific halibut PSC
available for directed fishing by the DSR accounting system. This accounting limits, allowances, and apportionments.
commercial fishery, of which 26 mt system contains historical and recent The halibut PSC limits in these tables
were harvested (through November 6, catch information compiled from each reflect the halibut PSC limits set forth at
2018). Alaska groundfish fishery. § 679.21(d)(2) and (3). Section
The FMP authorizes the Council to Section 679.21(d)(4)(i) and (ii) 679.21(d)(4)(iii) and (iv) specifies that
exempt specific gear from the halibut authorizes NMFS to seasonally any underages or overages of a seasonal
PSC limits. NMFS, after consultation apportion the halibut PSC limits after apportionment of a halibut PSC limit
with the Council, proposes to exempt consultation with the Council. The FMP will be added to or deducted from the
pot gear, jig gear, and the sablefish IFQ and regulations require that the Council next respective seasonal apportionment
hook-and-line gear fishery categories and NMFS consider the following within the fishing year.
TABLE 9—PROPOSED 2019 AND 2020 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS
[Values are in metric tons]
Trawl gear Hook-and-line gear 1
Other than DSR DSR
Season Percent Amount
Season Percent Amount Season Amount
January 20–April 1 ........... 27.5 469 January 1–June 10 ......... 86 221 January 1–December 31 9
April 1–July 1 .................... 20 341 June 10–September 1 ..... 2 5 .......................................... ................
July 1–September 1 ......... 30 512 September 1–December 12 31 .......................................... ................
31.
September 1–October 1 ... 7.5 128 .......................................... ................ ................ .......................................... ................
October 1–December 31 .. 15 256 .......................................... ................ ................ .......................................... ................
Total .......................... ................ 1,706 .......................................... ................ 257 .......................................... 9
khammond on DSK30JT082PROD with PROPOSAL
1 The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and
fisheries other than DSR. The hook-and-line sablefish fishery is exempt from halibut PSC limits, as are pot and jig gear for all groundfish
fisheries.
Section 679.21(d)(3)(ii) authorizes § 679.21(d)(3)(iii). The annual during a fishing year and optimization
further apportionment of the trawl apportionments are based on each of the total amount of groundfish
halibut PSC limit as bycatch allowances category’s proportional share of the harvest under the halibut PSC limit. The
to trawl fishery categories listed in anticipated halibut bycatch mortality fishery categories for the trawl halibut
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PSC limits are (1) a deep-water species 30 (§ 679.21(d)(4)(iii)(D)). This is includes 117 mt of halibut PSC limit to
fishery, composed of sablefish, rockfish, intended to maintain groundfish harvest the CV sector and 74 mt of halibut PSC
deep-water flatfish, rex sole, and while minimizing halibut bycatch by limit to the C/P sector. These amounts
arrowtooth flounder; and (2) a shallow- these sectors to the extent practicable. are allocated from the trawl deep-water
water species fishery, composed of This provides the deep-water and species fishery’s halibut PSC third
pollock, Pacific cod, shallow-water shallow-water trawl fisheries additional seasonal apportionment.
flatfish, flathead sole, Atka mackerel, flexibility and the incentive to
and ‘‘other species’’ (sculpins, sharks, participate in fisheries at times of the Section 679.21(d)(4)(iii)(B) limits the
squids, and octopuses) year that may have lower halibut PSC amount of the halibut PSC limit
(§ 679.21(d)(3)(iii)). Halibut mortality rates relative to other times of the year. allocated to Rockfish Program
incurred while directed fishing for Table 10 lists the proposed 2019 and participants that could be re-
skates with trawl gear accrues towards 2020 seasonal apportionments of trawl apportioned to the general GOA trawl
the shallow-water species fishery halibut PSC limits between the trawl fisheries to no more than 55 percent of
halibut PSC limit (69 FR 26320, May 12, gear deep-water and the shallow-water the unused annual halibut PSC
2004). species fisheries. apportioned to Rockfish Program
NMFS will combine available trawl Table 28d to 50 CFR part 679 specifies participants. The remainder of the
halibut PSC limit apportionments in the amount of the trawl halibut PSC unused Rockfish Program halibut PSC
part of the second season deep-water limit that is assigned to the CV and C/ limit is unavailable for use by any
and shallow-water fisheries for use in P sectors that are participating in the person for the remainder of the fishing
either fishery from May 15 through June Central GOA Rockfish Program. This year (§ 679.21(d)(4)(iii)(C)).
TABLE 10—PROPOSED 2019 AND 2020 SEASONAL APPORTIONMENTS OF THE PACIFIC HALIBUT PSC LIMIT APPORTIONED
BETWEEN THE TRAWL GEAR SHALLOW-WATER AND DEEP-WATER SPECIES FISHERIES
[Values are in metric tons]
Season Shallow-water Deep-water 1 Total
January 20–April 1 ....................................................... 384 85 .................................................................................. 469
April 1–July 1 ................................................................ 85 256 ................................................................................ 341
July 1–September 1 ..................................................... 171 341 ................................................................................ 512
September 1–October 1 ............................................... 128 Any remainder .............................................................. 128
Subtotal, January 20–October 1 .................................. 768 682 ................................................................................ 1,450
October 1–December 31 2 ............................................ ........................ ....................................................................................... 256
Total ....................................................................... ........................ ....................................................................................... 1,706
1 Vessels participating in cooperatives in the Rockfish Program will receive 191 mt of the third season (July 1 through September 1) deep-
water species fishery halibut PSC apportionment.
2 There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth season (October 1 through Decem-
ber 31).
Section 679.21(d)(2) requires that the 44700, July 26, 2011) and are not Regional Administrator to be used by
‘‘other hook-and-line fishery’’ halibut repeated here. one of the hook-and-line sectors during
PSC limit apportionment to vessels For 2019 and 2020, NMFS proposes the remainder of the fishing year will be
using hook-and-line gear must be annual halibut PSC limit made available to the other sector.
divided between CVs and C/Ps. NMFS apportionments of 120 mt and 137 mt to NMFS calculates the projected unused
must calculate the halibut PSC limit the hook-and-line CV and hook-and-line amount of halibut PSC limit by either
apportionments for the entire GOA to C/P sectors, respectively. The 2019 and the CV hook-and-line or the C/P hook-
hook-and-line CVs and C/Ps in 2020 annual halibut PSC limits are and-line sectors of the ‘‘other hook-and-
accordance with § 679.21(d)(2)(iii) in divided into three seasonal line fishery’’ for the remainder of the
conjunction with these harvest apportionments, using seasonal year. The projected unused amount of
specifications. A comprehensive percentages of 86 percent, 2 percent, halibut PSC limit by either of these
description and example of the and 12 percent. Table 11 lists the sectors is made available to the
calculations necessary to apportion the proposed 2019 and 2020 annual halibut remaining hook-and-line sector for the
‘‘other hook-and-line fishery’’ halibut PSC limits and seasonal apportionments remainder of that fishing year if NMFS
PSC limit between the hook-and-line CV between the hook-and-line CV and determines that an additional amount of
and C/P sectors were included in the hook-and-line C/P sectors in the GOA. halibut PSC limit is necessary for that
proposed rule to implement No later than November 1 each year, sector to continue its directed fishing
Amendment 83 to the FMP (76 FR any halibut PSC limit allocated under operations (§ 679.21(d)(2)(iii)(C)).
khammond on DSK30JT082PROD with PROPOSAL
§ 679.21(d)(2)(ii)(B) not projected by the
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![62806 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
TABLE 11—PROPOSED 2019 AND 2020 APPORTIONMENTS OF THE ‘‘OTHER HOOK-AND-LINE FISHERIES’’ HALIBUT PSC
ALLOWANCE BETWEEN THE HOOK-AND-LINE GEAR CATCHER VESSEL AND CATCHER/PROCESSOR SECTORS
[Values are in metric tons]
‘‘Other than Sector
Hook-and- Sector annual Seasonal
DSR’’ Season seasonal
line sector amount percentage
allowance amount
257 ............... Catcher Vessel .............. 120 January 1–June 10 ................................................ 86 103
June 10–September 1 ........................................... 2 2
September 1–December 31 .................................. 12 14
Catcher/Processor ......... 137 January 1–June 10 ................................................ 86 118
June 10–September 1 ........................................... 2 3
September 1–December 31 .................................. 12 16
Halibut Discard Mortality Rates halibut working group (International using DMRs that more accurately reflect
To monitor halibut bycatch mortality Pacific Halibut Commission, Council, halibut mortality, which will inform the
allowances and apportionments, the and NMFS staff) developed improved different sectors of their estimated
Regional Administrator uses observed estimation methods that have halibut mortality and allow specific
halibut incidental catch rates, halibut undergone review by the Plan Team, the sectors to respond with methods that
discard mortality rates (DMRs), and SSC, and the Council. A summary of the could reduce mortality and, eventually,
estimates of groundfish catch to project revised methodology is contained in the the DMR for that sector.
when a fishery’s halibut bycatch GOA proposed 2017 and 2018 harvest In October 2018, the Council
mortality allowance or seasonal specifications (81 FR 87881, December recommended adopting the halibut
apportionment is reached. Halibut 6, 2016), and the comprehensive DMRs derived from the revised
incidental catch rates are based on discussion of the working group’s methodology for the proposed 2019 and
observers’ estimates of halibut statistical methodology is available from 2020 DMRs. The proposed 2019 and
incidental catch in the groundfish the Council (see ADDRESSES). The DMR 2020 DMRs use an updated 2-year
fishery. DMRs are estimates of the working group’s revised methodology is reference period of 2016 and 2017.
proportion of incidentally caught intended to improve estimation Comparing the proposed DMRs to the
halibut that do not survive after being accuracy, transparency, and final DMRs from the 2018 and 2019
returned to the sea. The cumulative transferability in the methodology used harvest specifications, the proposed
halibut mortality that accrues to a for calculating DMRs. The working DMR for Rockfish Program CVs using
particular halibut PSC limit is the group will continue to consider non-pelagic trawl gear decreased to 49
product of a DMR multiplied by the improvements to the methodology used percent from 62 percent, the proposed
estimated halibut PSC. DMRs are to calculate halibut mortality, including DMR for C/Ps and motherships using
estimated using the best scientific potential changes to the reference non-pelagic trawl gear decreased to 79
information available in conjunction period (the period of data used for percent from 84 percent, and the
with the annual GOA stock assessment calculating the DMRs). Future DMRs proposed DMRs for C/Ps and CVs using
process. The DMR methodology and may change based on additional years of hook-and-line gear increased to 11
findings are included as an appendix to observer sampling, which could provide percent from 10 percent, and to 21
the annual GOA groundfish SAFE more recent and accurate data, and percent from 17 percent, respectively.
report. which could improve the accuracy of Finally, the DMR for C/Ps and CVs
In 2016, the DMR estimation estimation and progress on using pot gear decreased to 4 percent
methodology underwent revisions per methodology. The new methodology from 7 percent. Table 12 lists the
the Council’s directive. An interagency will continue to ensure that NMFS is proposed 2019 and 2020 DMRs.
TABLE 12—PROPOSED 2019 AND 2020 DMRS FOR VESSELS FISHING IN THE GULF OF ALASKA
[Values are percent of halibut assumed to be dead]
Halibut discard
Gear Sector Groundfish fishery mortality rate
(percent)
Pelagic trawl ............................................ Catcher vessel ......................................... All ............................................................. 100
Catcher/processor ................................... All ............................................................. 100
Non-pelagic trawl ..................................... Catcher vessel ......................................... Rockfish Program .................................... 49
Catcher vessel ......................................... All others ................................................. 67
Mothership and catcher/processor .......... All ............................................................. 79
Hook-and-line .......................................... Catcher/processor ................................... All ............................................................. 11
Catcher vessel ......................................... All ............................................................. 21
khammond on DSK30JT082PROD with PROPOSAL
Pot ........................................................... Catcher vessel and catcher/processor .... All ............................................................. 4
Chinook Salmon Prohibited Species separate Chinook salmon PSC limits in directed fishery in the Western and
Catch Limits the Western and Central GOA in the Central regulatory areas of the GOA if
directed pollock trawl fishery. These the applicable Chinook salmon PSC
Amendment 93 to the FMP (77 FR limits require NMFS to close the pollock limit is reached (§ 679.21(h)(8)). The
42629, July 20, 2012) established
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annual Chinook salmon PSC limits in C/Ps and non-Rockfish Program CVs through 1997 are exempt from GOA CV
the pollock directed fishery of 6,684 when the 2018 fishing year is complete groundfish sideboard limits under
salmon in the Western GOA and 18,316 to determine whether to increase the § 679.64(b)(2)(ii). Sideboard limits for
salmon in the Central GOA are set in Chinook salmon PSC limits for these non-exempt AFA CVs in the GOA are
§ 679.21(h)(2)(i) and (ii). two sectors. Based on preliminary 2018 based on their traditional harvest levels
Amendment 97 to the FMP (79 FR Chinook salmon PSC data, the trawl of TAC in groundfish fisheries covered
71350, December 2, 2014) established an C/P sector and the non-Rockfish by the FMP. Section 679.64(b)(3)(iv)
initial annual PSC limit of 7,500 Program trawl CV sector may receive an establishes for CVs the groundfish
Chinook salmon for the non-pollock incremental increase of Chinook salmon sideboard limitations in the GOA based
groundfish trawl fisheries in the PSC limit in 2019. This evaluation will on the retained catch of non-exempt
Western and Central GOA. This limit is be completed in conjunction with the AFA CVs of each sideboard species from
apportioned among three sectors: 3,600 final 2019 and 2020 harvest 1995 through 1997 divided by the TAC
Chinook salmon to trawl C/Ps; 1,200 specifications. for that species over the same period.
Chinook salmon to trawl CVs AFA C/P and CV Groundfish Sideboard As discussed earlier in this preamble,
participating in the Rockfish Program; Limits NMFS published a proposed rule (83 FR
and 2,700 Chinook salmon to trawl CVs 40733, August 16, 2018) that would, if
Section 679.64 establishes groundfish
not participating in the Rockfish harvesting and processing sideboard implemented, establish regulations to
Program (§ 679.21(h)(4)). NMFS will limits on AFA C/Ps and CVs in the prohibit directed fishing for sideboard
monitor the Chinook salmon PSC in the GOA. These sideboard limits are limits for specific groundfish species or
non-pollock GOA groundfish fisheries necessary to protect the interests of species groups, rather than prohibiting
and close an applicable sector if it fishermen and processors who do not directed fishing for non-exempt AFA CV
reaches its Chinook salmon PSC limit. directly benefit from the AFA from sideboards through the GOA annual
The Chinook salmon PSC limit for those fishermen and processors who harvest specifications. This would apply
two sectors, trawl C/Ps and trawl CVs receive exclusive harvesting and to most, but not all, of the species and
not participating in the Rockfish processing privileges under the AFA. area apportionments listed in Table 13.
Program, may be increased in Section 679.7(k)(1)(ii) prohibits listed If the final rulemaking to implement the
subsequent years based on the AFA C/Ps from harvesting any species proposed changes to sideboard
performance of these two sectors and of fish in the GOA. Additionally, management is effective prior to the
their ability to minimize their use of § 679.7(k)(1)(iv) prohibits listed AFA publication of the final 2019 and 2020
their respective Chinook salmon PSC C/Ps from processing any pollock harvest specifications, NMFS would
limits. If either or both of these two harvested in a directed pollock fishery incorporate such changes into the
sectors limit its use of Chinook salmon in the GOA and any groundfish specification and management of non-
PSC to a certain threshold amount in harvested in Statistical Area 630 of the exempt AFA CV sideboard limits.
2018 (3,120 for trawl C/Ps and 2,340 for GOA. Table 13 lists the proposed 2019 and
trawl CVs), that sector will receive an AFA CVs that are less than 125 ft 2020 groundfish sideboard limits for
incremental increase to its 2019 (38.1 meters) length overall, have non-exempt AFA CVs. NMFS will
Chinook salmon PSC limit (4,080 for annual landings of pollock in the Bering deduct all targeted or incidental catch of
trawl C/Ps and 3,060 for trawl CVs) Sea and Aleutian Islands of less than sideboard species made by non-exempt
(§ 679.21(h)(4)). NMFS will evaluate the 5,100 mt, and have made at least 40 AFA CVs from the sideboard limits
annual Chinook salmon PSC by trawl landings of GOA groundfish from 1995 listed in Table 13.
TABLE 13—PROPOSED 2019 AND 2020 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV)
GROUNDFISH SIDEBOARD LIMITS
[Values are rounded to the nearest metric ton]
Ratio of 1995– Proposed
1997 2019 and
Apportionments by season/ non-exempt Proposed 2020
Species Area/component 2019 and
gear AFA CV catch non-exempt
2020 TACs 3
to 1995–1997 AFA CV
TAC sideboard limit
Pollock ................................... A Season .............................. Shumagin (610) .................... 0.6047 869 525
January 20–March 10 ........... Chirikof (620) ........................ 0.1167 18,025 2,103
Kodiak (630) ......................... 0.2028 5,955 1,208
B Season .............................. Shumagin (610) .................... 0.6047 869 525
March 10–May 31 ................. Chirikof (620) ........................ 0.1167 21,219 2,476
Kodiak (630) ......................... 0.2028 2,761 560
C Season .............................. Shumagin (610) .................... 0.6047 9,091 5,498
August 25–October 1 ........... Chirikof (620) ........................ 0.1167 6,608 771
Kodiak (630) ......................... 0.2028 9,150 1,856
khammond on DSK30JT082PROD with PROPOSAL
D Season .............................. Shumagin (610) .................... 0.6047 9,091 5,498
October 1–November 1 ........ Chirikof (620) ........................ 0.1167 6,608 771
Kodiak (630) ......................... 0.2028 9,150 1,856
Annual ................................... WYK (640) ............................ 0.3495 4,509 1,576
SEO (650) ............................. 0.3495 8,773 3,066
Pacific cod ............................. A Season 1 ............................ W .......................................... 0.1331 3,206 427
January 1–June 10 ............... C ........................................... 0.0692 3,450 239
B Season 2 ............................ W .......................................... 0.1331 2,137 284
September 1–December 31 C ........................................... 0.0692 2,300 159
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![62808 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
TABLE 13—PROPOSED 2019 AND 2020 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV)
GROUNDFISH SIDEBOARD LIMITS—Continued
[Values are rounded to the nearest metric ton]
Ratio of 1995– Proposed
1997 2019 and
Proposed
Apportionments by season/ non-exempt 2020
Species Area/component 2019 and
gear AFA CV catch non-exempt
2020 TACs 3
to 1995–1997 AFA CV
TAC sideboard limit
Annual ................................... E inshore .............................. 0.0079 1,148 9
E offshore ............................. 0.0078 128 1
Sablefish ................................ Annual, trawl gear ................ W .......................................... 0.0000 435 0
C ........................................... 0.0642 1,452 93
E ........................................... 0.0433 338 15
Flatfish, shallow-water ........... Annual ................................... W .......................................... 0.0156 13,250 207
C ........................................... 0.0587 25,655 1,506
E ........................................... 0.0126 4,223 53
Flatfish, deep-water ............... Annual ................................... W .......................................... 0.0000 416 0
C ........................................... 0.0647 3,442 223
E ........................................... 0.0128 5,640 72
Rex sole ................................ Annual ................................... W .......................................... 0.0007 2,909 2
C ........................................... 0.0384 8,236 316
E ........................................... 0.0029 3,384 10
Arrowtooth flounder ............... Annual ................................... W .......................................... 0.0021 14,500 30
C ........................................... 0.0280 48,000 1,344
E ........................................... 0.0002 13,800 3
Flathead sole ......................... Annual ................................... W .......................................... 0.0036 8,650 31
C ........................................... 0.0213 15,400 328
E ........................................... 0.0009 2,437 2
Pacific ocean perch ............... Annual ................................... W .......................................... 0.0023 3,240 7
C ........................................... 0.0748 19,678 1,472
E ........................................... 0.0466 5,687 265
Northern rockfish ................... Annual ................................... W .......................................... 0.0003 382 0
C ........................................... 0.0277 2,965 82
Shortraker rockfish ................ Annual ................................... W .......................................... 0.0000 44 0
C ........................................... 0.0218 305 7
E ........................................... 0.0110 514 6
Dusky Rockfish ...................... Annual ................................... W .......................................... 0.0001 135 0
C ........................................... 0.0000 3,246 0
E ........................................... 0.0067 287 2
Rougheye rockfish ................. Annual ................................... W .......................................... 0.0000 174 0
C ........................................... 0.0237 550 13
E ........................................... 0.0124 703 9
Demersal shelf rockfish ......... Annual ................................... SEO ...................................... 0.0020 250 1
Thornyhead rockfish .............. Annual ................................... W .......................................... 0.0280 344 10
C ........................................... 0.0280 921 26
E ........................................... 0.0280 773 22
Other Rockfish ....................... Annual ................................... W/C ....................................... 0.1699 1,737 295
E ........................................... 0.0000 568 0
Atka mackerel ........................ Annual ................................... Gulfwide ................................ 0.0309 3,000 93
Big skates .............................. Annual ................................... W .......................................... 0.0063 504 3
C ........................................... 0.0063 1,774 11
E ........................................... 0.0063 570 4
Longnose skates ................... Annual ................................... W .......................................... 0.0063 149 1
C ........................................... 0.0063 2,804 18
E ........................................... 0.0063 619 4
Other skates .......................... Annual ................................... Gulfwide ................................ 0.0063 1,384 9
Sculpins ................................. Annual ................................... Gulfwide ................................ 0.0063 5,301 33
Sharks ................................... Annual ................................... Gulfwide ................................ 0.0063 4,514 28
Octopuses ............................. Annual ................................... Gulfwide ................................ 0.0063 975 6
1 The Pacific cod A season for trawl gear does not open until January 20.
2 The Pacific cod B season for trawl gear closes November 1.
3 The Western and Central GOA area apportionments of pollock are considered ACLs.
khammond on DSK30JT082PROD with PROPOSAL
Non-Exempt AFA Catcher Vessel based on the aggregate retained fishery from 1995 through 1997
Halibut PSC Sideboard Limits groundfish catch by non-exempt AFA (§ 679.64(b)(4)(ii)). Table 14 lists the
CVs in each PSC target category from proposed 2019 and 2020 non-exempt
The halibut PSC sideboard limits for 1995 through 1997 divided by the AFA CV halibut PSC limits for vessels
non-exempt AFA CVs in the GOA are retained catch of all vessels in that using trawl gear in the GOA.
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![Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules 62809
TABLE 14—PROPOSED 2019 AND 2020 NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL HALIBUT PSC
SIDEBOARD LIMITS FOR VESSELS USING TRAWL GEAR IN THE GOA
[PSC limits are rounded to the nearest metric ton]
Ratio of 1995–
1997 Proposed
non-exempt Proposed 2019 and
Fishery AFA CV
Season Season dates 2019 and 2020 non-
category retained 2020 PSC limit exempt AFA
catch to CV PSC limit
total retained
catch
1 ............... January 20–April 1 .............................. shallow-water ....................................... 0.340 384 131
deep-water ........................................... 0.070 85 6
2 ............... April 1–July 1 ....................................... shallow-water ....................................... 0.340 85 29
deep-water ........................................... 0.070 256 18
3 ............... July 1–September 1 ............................ shallow-water ....................................... 0.340 171 58
deep-water ........................................... 0.070 341 24
4 ............... September 1–October 1 ...................... shallow-water ....................................... 0.340 128 44
deep-water ........................................... 0.070 0 0
5 ............... October 1–December 31 ..................... all targets ............................................. 0.205 256 52
Annual Total shallow-water ............................. 262
Total deep-water ................................. 48
Grand Total, all seasons and cat- 1,706 362
egories.
Non-AFA Crab Vessel Groundfish The basis for these sideboard harvest directed fishing for non-AFA crab vessel
Sideboard Limits limits is described in detail in the final sideboards through the GOA annual
rules implementing the major harvest specifications. This would apply
Section 680.22 establishes groundfish provisions of the CR Program, including to most, but not all, of the species and
sideboard limits for vessels with a Amendments 18 and 19 to the Fishery area apportionments listed in Table 15.
history of participation in the Bering Management Plan for Bering Sea/ If the final rulemaking to implement the
Sea snow crab fishery to prevent these Aleutian Islands King and Tanner Crabs proposed changes to sideboard
vessels from using the increased (Crab FMP) (70 FR 10174, March 2, management is effective prior to the
flexibility provided by the CR Program 2005), Amendment 34 to the Crab FMP publication of the final 2019 and 2020
to expand their level of participation in (76 FR 35772, June 20, 2011), harvest specifications, NMFS would
the GOA groundfish fisheries. Sideboard Amendment 83 to the GOA FMP (76 FR incorporate such changes into the
harvest limits restrict these vessels’ 74670, December 1, 2011), and specification and the management of
catch to their collective historical Amendment 45 to the Crab FMP (80 FR non-AFA crab vessel sideboard limits.
landings in each GOA groundfish 28539, May 19, 2015).
As discussed earlier in this preamble, Table 15 lists the proposed 2019 and
fishery (except the fixed-gear sablefish
NMFS published a proposed rule (83 FR 2020 groundfish sideboard limits for
fishery). Sideboard limits also apply to non-AFA crab vessels. All targeted or
40733, August 16, 2018) that would, if
landings made using an LLP license incidental catch of sideboard species
implemented, establish regulations to
derived from the history of a restricted prohibit directed fishing for sideboard made by non-AFA crab vessels or
vessel, even if that LLP license is used limits for specific groundfish species or associated LLP licenses will be
on another vessel. species groups, rather than prohibiting deducted from these sideboard limits.
TABLE 15—PROPOSED 2019 AND 2020 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD
LIMITS
[Values are rounded to the nearest metric ton]
Ratio of 1996– Proposed
2000 non-AFA Proposed 2019 and
Area/component/ crab vessel
Species Season/gear 2019 and 2020 non-AFA
gear catch to 1996– 2020 TACs crab vessel
2000 total sideboard limit
harvest
Pollock .............................................. A Season ......................................... Shumagin (610) ............................... 0.0098 869 9
khammond on DSK30JT082PROD with PROPOSAL
January 20–March 10 ...................... Chirikof (620) ................................... 0.0031 18,025 56
Kodiak (630) ..................................... 0.0002 5,955 1
B Season ......................................... Shumagin (610) ............................... 0.0098 869 9
March 10–May 31 ............................ Chirikof (620) ................................... 0.0031 21,219 66
Kodiak (630) ..................................... 0.0002 2,761 1
C Season ......................................... Shumagin (610) ............................... 0.0098 9,091 89
August 25–October 1 ....................... Chirikof (620) ................................... 0.0031 6,608 20
Kodiak (630) ..................................... 0.0002 9,150 2
D Season ......................................... Shumagin (610) ............................... 0.0098 9,091 89
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![62810 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
TABLE 15—PROPOSED 2019 AND 2020 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD
LIMITS—Continued
[Values are rounded to the nearest metric ton]
Ratio of 1996– Proposed
2000 non-AFA Proposed 2019 and
Area/component/ crab vessel
Species Season/gear 2019 and 2020 non-AFA
gear catch to 1996– 2020 TACs crab vessel
2000 total sideboard limit
harvest
October 1–November 1 ................... Chirikof (620) ................................... 0.0031 6,608 20
Kodiak (630) ..................................... 0.0002 9,150 2
Annual .............................................. WYK (640) ....................................... 0.0000 4,509 0
SEO (650) ........................................ 0.0000 8,773 0
Pacific cod ........................................ A Season 1 ....................................... W Jig CV .......................................... 0.0000 3,206 0
W Hook-and-line CV ........................ 0.0004 3,206 1
January 1–June 10 .......................... W Pot CV ......................................... 0.0997 3,206 320
W Pot C/P ........................................ 0.0078 3,206 25
W Trawl CV ...................................... 0.0007 3,206 2
C Jig CV ........................................... 0.0000 3,450 0
C Hook-and-line CV ......................... 0.0001 3,450 0
C Pot CV .......................................... 0.0474 3,450 164
C Pot C/P ......................................... 0.0136 3,450 47
C Trawl CV ...................................... 0.0012 3,450 4
B Season 2 ....................................... W Jig CV .......................................... 0.0000 2,137 0
W Hook-and-line CV ........................ 0.0004 2,137 1
September 1–December 31 ............. W Pot CV ......................................... 0.0997 2,137 213
W Pot C/P ........................................ 0.0078 2,137 17
W Trawl CV ...................................... 0.0007 2,137 1
C Jig CV ........................................... 0.0000 2,300 0
C Hook-and-line CV ......................... 0.0001 2,300 0
C Pot CV .......................................... 0.0474 2,300 109
C Pot C/P ......................................... 0.0136 2,300 31
C Trawl CV ...................................... 0.0012 2,300 3
Annual .............................................. E inshore .......................................... 0.0110 1,148 13
E offshore ......................................... 0.0000 128 0
Sablefish .......................................... Annual, trawl gear ............................ W ...................................................... 0.0000 435 0
C ....................................................... 0.0000 1,452 0
E ....................................................... 0.0000 338 0
Flatfish, shallow-water ..................... Annual .............................................. W ...................................................... 0.0059 13,250 78
C ....................................................... 0.0001 25,655 3
E ....................................................... 0.0000 4,223 0
Flatfish, deep-water ......................... Annual .............................................. W ...................................................... 0.0035 416 1
C ....................................................... 0.0000 3,442 0
E ....................................................... 0.0000 5,640 0
Rex sole ........................................... Annual .............................................. W ...................................................... 0.0000 2,909 0
C ....................................................... 0.0000 8,236 0
E ....................................................... 0.0000 3,384 0
Arrowtooth flounder .......................... Annual .............................................. W ...................................................... 0.0004 14,500 6
C ....................................................... 0.0001 48,000 5
E ....................................................... 0.0000 13,800 0
Flathead sole ................................... Annual .............................................. W ...................................................... 0.0002 8,650 2
C ....................................................... 0.0004 15,400 6
E ....................................................... 0.0000 2,437 0
Pacific ocean perch ......................... Annual .............................................. W ...................................................... 0.0000 3,240 0
C ....................................................... 0.0000 19,678 0
E ....................................................... 0.0000 5,687 0
Northern rockfish .............................. Annual .............................................. W ...................................................... 0.0005 382 0
C ....................................................... 0.0000 2,965 0
Shortraker rockfish ........................... Annual .............................................. W ...................................................... 0.0013 44 0
C ....................................................... 0.0012 305 0
E ....................................................... 0.0009 514 0
Dusky rockfish .................................. Annual .............................................. W ...................................................... 0.0017 135 0
C ....................................................... 0.0000 3,246 0
E ....................................................... 0.0000 287 0
Rougheye rockfish ........................... Annual .............................................. W ...................................................... 0.0067 174 1
C ....................................................... 0.0047 550 3
E ....................................................... 0.0008 703 1
Demersal shelf rockfish ................... Annual .............................................. SEO .................................................. 0.0000 250 0
Thornyhead rockfish ........................ Annual .............................................. W ...................................................... 0.0047 344 2
C ....................................................... 0.0066 921 6
E ....................................................... 0.0045 773 3
Other Rockfish ................................. Annual .............................................. W/C .................................................. 0.0033 1,737 6
E ....................................................... 0.0000 568 0
khammond on DSK30JT082PROD with PROPOSAL
Atka mackerel .................................. Annual .............................................. Gulfwide ........................................... 0.0000 3,000 0
Big skate .......................................... Annual .............................................. W ...................................................... 0.0392 504 20
C ....................................................... 0.0159 1,774 28
E ....................................................... 0.0000 570 0
Longnose skate ................................ Annual .............................................. W ...................................................... 0.0392 149 6
C ....................................................... 0.0159 2,804 45
E ....................................................... 0.0000 619 0
Other skates ..................................... Annual .............................................. Gulfwide ........................................... 0.0176 1,384 24
Sculpins ............................................ Annual .............................................. Gulfwide ........................................... 0.0176 5,301 93
Sharks .............................................. Annual .............................................. Gulfwide ........................................... 0.0176 4,514 79
VerDate Sep<11>2014 18:35 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00075 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1](https://thefederalregister.org/doc/83_FR_63028/page/17.svg)
![Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules 62811
TABLE 15—PROPOSED 2019 AND 2020 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD
LIMITS—Continued
[Values are rounded to the nearest metric ton]
Ratio of 1996– Proposed
2000 non-AFA Proposed 2019 and
Area/component/ crab vessel
Species Season/gear 2019 and 2020 non-AFA
gear catch to 1996– 2020 TACs crab vessel
2000 total sideboard limit
harvest
Octopuses ........................................ Annual .............................................. Gulfwide ........................................... 0.0176 975 17
1 The Pacific cod A season for trawl gear does not open until January 20.
2 The Pacific cod B season for trawl gear closes November 1.
Rockfish Program Groundfish Sideboard Western GOA and West Yakutat District participating in a Rockfish Program
and Halibut PSC Limitations from July 1 through July 31. Also, CVs cooperative will be able to access those
may not participate in directed fishing sideboard limits that are not assigned to
The Rockfish Program establishes for arrowtooth flounder, deep-water Rockfish Program cooperatives
three classes of sideboard provisions: flatfish, and rex sole in the GOA from (§ 679.82(e)(7)). The sideboard ratio for
CV groundfish sideboard restrictions, July 1 through July 31 (§ 679.82(d)).
C/P rockfish sideboard restrictions, and each rockfish fishery in the Western
C/Ps participating in Rockfish GOA and West Yakutat District is set
C/P opt-out vessel sideboard restrictions Program cooperatives are restricted by
(§ 679.82(c)(1)). These sideboards are forth in § 679.82(e)(4). Table 16 lists the
rockfish and halibut PSC sideboard proposed 2019 and 2020 Rockfish
intended to limit the ability of rockfish limits. These C/Ps are prohibited from
harvesters to expand into other Program C/P rockfish sideboard limits
directed fishing for northern rockfish,
fisheries. in the Western GOA and West Yakutat
Pacific ocean perch, and dusky rockfish
CVs participating in the Rockfish in the Western GOA and West Yakutat District. Due to confidentiality
Program may not participate in directed District from July 1 through July 31 requirements associated with fisheries
fishing for dusky rockfish, northern (§ 679.82(e)(2)). Holders of C/P- data, the sideboard limits for the West
rockfish, and Pacific ocean perch in the designated LLP licenses that opt out of Yakutat District are not displayed.
TABLE 16—PROPOSED 2019 AND 2020 ROCKFISH PROGRAM SIDEBOARD LIMITS FOR THE WESTERN GOA AND WEST
YAKUTAT DISTRICT BY FISHERY FOR THE CATCHER/PROCESSOR (C/P) SECTOR
[Values are rounded to the nearest metric ton]
Proposed Proposed 2019 and
C/P sector
Area Fishery 2019 and 2020 C/P sideboard
(% of TAC) 2020 TACs limit
Western GOA .............................. Dusky rockfish ............................ 72.3 ............................................. 135 98.
Pacific ocean perch .................... 50.6 ............................................. 3,240 1,639.
Northern rockfish ........................ 74.3 ............................................. 382 284.
West Yakutat District ................... Dusky rockfish ............................ Confidential 1 ............................... 215 Confidential. 1
Pacific ocean perch .................... Confidential 1 ............................... 3,298 Confidential. 1
1 Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS and the State of Alaska.
Under the Rockfish Program, the C/P able to access that portion of the deep- used to calculate opt-out sideboard
sector is subject to halibut PSC water and shallow-water halibut PSC ratios. NMFS will then calculate any
sideboard limits for the trawl deep- sideboard limit not assigned to C/P applicable opt-out sideboard limits and
water and shallow-water species rockfish cooperatives. The sideboard post these limits on the Alaska Region
fisheries from July 1 through July 31 provisions for C/Ps that elect to opt out website at https://
(§ 679.82(e)(3) and (e)(5)). Halibut PSC of participating in a rockfish cooperative alaskafisheries.noaa.gov/fisheries/
sideboard ratios by fishery are set forth are described in § 679.82(c), (e), and (f). central-goa-rockfish-program. Table 17
in § 679.82(e)(5). No halibut PSC Sideboard limits are linked to the catch lists the 2019 and 2020 proposed
sideboard limits apply to the CV sector, history of specific vessels that may Rockfish Program halibut PSC limits for
as vessels participating in a rockfish choose to opt out. After March 1, NMFS the C/P sector.
cooperative receive a portion of the will determine which C/Ps have opted-
annual halibut PSC limit. C/Ps that opt out of the Rockfish Program in 2019,
out of the Rockfish Program would be and will know the ratios and amounts
khammond on DSK30JT082PROD with PROPOSAL
VerDate Sep<11>2014 18:35 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00076 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1](https://thefederalregister.org/doc/83_FR_63028/page/18.svg)
![62812 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
TABLE 17—PROPOSED 2019 AND 2020 ROCKFISH PROGRAM HALIBUT PSC LIMITS FOR THE CATCHER/PROCESSOR
SECTOR
[Values are rounded to the nearest metric ton]
Annual
shallow-water Annual deep-
Shallow-water Deep-water species water species
species fishery species fishery Annual halibut fishery fishery halibut
Sector halibut PSC halibut PSC PSC limit (mt) halibut PSC PSC
sideboard ratio sideboard ratio sideboard sideboard limit
(percent) (percent) limit (mt)
(mt)
Catcher/processor ................................................................ 0.10 2.50 1,706 2 43
Amendment 80 Program Groundfish 80 Program to expand their harvest Groundfish sideboard limits for
and PSC Sideboard Limits efforts in the GOA. Amendment 80 Program vessels
Amendment 80 to the Fishery Section 679.92 establishes groundfish operating in the GOA are based on their
Management Plan for Groundfish of the harvesting sideboard limits on all average aggregate harvests from 1998
Bering Sea and Aleutian Islands Amendment 80 Program vessels, other through 2004 (72 FR 52668, September
Management Area (Amendment 80 than the F/V Golden Fleece, to amounts 14, 2007). Table 18 lists the proposed
Program) established a limited access no greater than the limits shown in 2019 and 2020 sideboard limits for
privilege program for the non-AFA trawl Table 37 to 50 CFR part 679. Under Amendment 80 Program vessels. NMFS
C/P sector. The Amendment 80 Program § 679.92(d), the F/V Golden Fleece is will deduct all targeted or incidental
established groundfish and halibut PSC prohibited from directed fishing for catch of sideboard species made by
limits for Amendment 80 Program pollock, Pacific cod, Pacific ocean Amendment 80 Program vessels from
participants to limit the ability of perch, dusky rockfish, and northern the sideboard limits in Table 18.
participants eligible for the Amendment rockfish in the GOA.
TABLE 18–PROPOSED 2019 AND 2020 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS
[Values are rounded to the nearest metric ton]
Proposed
Ratio of 2019
Amendment Proposed and 2020
80 sector 2019 and Amendment
Species Season Area vessels 2020 TAC 80 vessel
1998–2004 (mt) sideboard
catch to TAC limits
(mt)
Pollock ................................... A Season .............................. Shumagin (610) .................... 0.003 869 3
January 20–March 10 ........... Chirikof (620) ........................ 0.002 18,025 36
............................................... Kodiak (630) ......................... 0.002 5,955 12
B Season .............................. Shumagin (610) .................... 0.003 869 3
March 10–May 31 ................. Chirikof (620) ........................ 0.002 21,219 42
............................................... Kodiak (630) ......................... 0.002 2,761 6
C Season .............................. Shumagin (610) .................... 0.003 9,091 27
August 25–October 1 ............ Chirikof (620) ........................ 0.002 6,608 13
............................................... Kodiak (630) ......................... 0.002 9,150 18
D Season .............................. Shumagin (610) .................... 0.003 9,091 27
October 1–November 1 ........ Chirikof (620) ........................ 0.002 6,608 13
............................................... Kodiak (630) ......................... 0.002 9,150 18
Annual ................................... WYK (640) ............................ 0.002 4,509 9
Pacific cod ............................. A Season 1 ............................ W ........................................... 0.020 3,206 64
January 1–June 10 ............... C ........................................... 0.044 3,450 152
B Season 2 ............................ W ........................................... 0.020 2,137 43
September 1–December 31 C ........................................... 0.044 2,300 101
Annual ................................... WYK ...................................... 0.034 1,275 43
Pacific ocean perch .............. Annual ................................... W ........................................... 0.994 3,240 3,221
............................................... WYK ...................................... 0.961 3,298 3,169
Northern rockfish ................... Annual ................................... W ........................................... 1.000 382 382
Dusky rockfish ....................... Annual ................................... W ........................................... 0.764 135 103
............................................... WYK ...................................... 0.896 215 193
khammond on DSK30JT082PROD with PROPOSAL
1 The Pacific cod A season for trawl gear does not open until January 20.
2 The Pacific cod B season for trawl gear closes November 1.
The halibut PSC sideboard limits for vessels in each PSC target category from Allocation of halibut PSC cooperative
Amendment 80 Program vessels in the 1998 through 2004. These values are quota under the Rockfish Program and
GOA are based on the historic use of slightly lower than the average historic the exemption of the F/V Golden Fleece
halibut PSC by Amendment 80 Program use to accommodate two factors: from this restriction (§ 679.92(b)(2)).
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![Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules 62813
Table 19 lists the proposed 2019 and percentages of the halibut PSC 679. Any residual amount of a seasonal
2020 halibut PSC sideboard limits for sideboard limits that may be used by Amendment 80 sideboard halibut PSC
Amendment 80 Program vessels. These Amendment 80 Program vessels, as limit may carry forward to the next
tables incorporate the maximum contained in Table 38 to 50 CFR part season limit (§ 679.92(b)(2)).
TABLE 19—PROPOSED 2019 AND 2020 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN
THE GOA
[Values are rounded to the nearest metric ton]
Proposed
Historic 2019 and
Proposed
Amendment 2020
2019 and
80 use of the Amendment
Season Season dates Fishery category 2020 annual
annual halibut 80
PSC limit
PSC limit vessel PSC
(mt)
(ratio) sideboard limit
(mt)
1 ................. January 20–April 1 ............................. shallow-water ...................................... 0.0048 1,706 8
............................................................. deep-water .......................................... 0.0115 1,706 20
2 ................. April 1–July 1 ...................................... shallow-water ...................................... 0.0189 1,706 32
............................................................. deep-water .......................................... 0.1072 1,706 183
3 ................. July 1–September 1 ........................... shallow-water ...................................... 0.0146 1,706 25
............................................................. deep-water .......................................... 0.0521 1,706 89
4 ................. September 1–October 1 ..................... shallow-water ...................................... 0.0074 1,706 13
............................................................. deep-water .......................................... 0.0014 1,706 2
5 ................. October 1–December 31 .................... shallow-water ...................................... 0.0227 1,706 39
deep-water .......................................... 0.0371 1,706 63
Annual Total shallow-water ............................ 117
Total 357
deep-
water.
Grand Total, all seasons and cat- 474
egories.
Classification (Alternative 2) provides the best balance alternative is the existing harvest
among relevant environmental, social, strategy in which TACs fall within the
NMFS has determined that the
and economic considerations and range of ABCs recommended by the
proposed harvest specifications are
allows for continued management of the SSC. This action is taken in accordance
consistent with the FMP and groundfish fisheries based on the most with the FMP prepared by the Council
preliminarily determined that the recent, best scientific information. pursuant to the Magnuson-Stevens Act.
proposed harvest specifications are NMFS prepared an IRFA as required The entities directly regulated by this
consistent with the Magnuson-Stevens by section 603 of the Regulatory action are those that harvest groundfish
Act and other applicable laws, subject to Flexibility Act (RFA), analyzing the in the EEZ of the GOA and in parallel
further review after public comment. methodology for establishing the fisheries within State of Alaska waters.
This action is authorized under 50 relevant TACs. The IRFA evaluated the These include entities operating CVs
CFR 679.20 and is exempt from review economic impacts on small entities of and C/Ps within the action area and
under Executive Order 12866. alternative harvest strategies for the entities receiving direct allocations of
NMFS prepared an EIS for this action groundfish fisheries in the EEZ off groundfish.
and made it available to the public on Alaska. As set forth in the methodology, For RFA purposes only, NMFS has
January 12, 2007 (72 FR 1512). On TACs are set to a level that falls within established a small business size
February 13, 2007, NMFS issued the the range of ABCs recommended by the standard for businesses, including their
Record of Decision (ROD) for the Final SSC; the sum of the TACs must achieve affiliates, whose primary industry is
EIS. A SIR that assesses the need to the OY specified in the FMP. While the commercial fishing (see 50 CFR 200.2).
prepare a Supplemental EIS is being specific numbers that the methodology A business primarily engaged in
prepared for the final harvest produces may vary from year to year, commercial fishing (NAICS code 11411)
specifications. Copies of the Final EIS, the methodology itself remains constant. is classified as a small business if it is
ROD, and annual SIRs for this action are A description of the proposed action, independently owned and operated, is
available from NMFS (see ADDRESSES). why it is being considered, and the legal not dominant in its field of operation
khammond on DSK30JT082PROD with PROPOSAL
The Final EIS analyzes the basis for this proposed action are (including its affiliates), and has
environmental, social, and economic contained in the preamble above. A combined annual gross receipts not in
consequences of the proposed copy of the IRFA is available from excess of $11 million for all its affiliated
groundfish harvest specifications and NMFS (see ADDRESSES). A summary of operations worldwide.
alternative harvest strategies on the IRFA follows. The IRFA shows that, in 2017, there
resources in the action area. Based on The action under consideration is a were 821 individual CVs with gross
the analysis in the Final EIS, NMFS harvest strategy to govern the catch of revenues less than or equal to $11
concluded that the preferred Alternative groundfish in the GOA. The preferred million. This estimate accounts for
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![62814 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
corporate affiliations among vessels, and has small entity impacts that may be Thus, price increases associated with
for cooperative affiliations among equivalent to the preferred alternative. reduction production are not likely to
fishing entities, since some of the However, it is not likely that Alternative fully offset revenue declines from
fishing vessels operating in the GOA are 1 would result in reduced adverse reduced production, and this alternative
members of AFA inshore pollock economic impacts to directly-regulated would have a detrimental impact on
cooperatives, GOA rockfish small entities relative to Alternative 2. small entities.
cooperatives, or BSAI CR Program The selection of Alternative 1, which
cooperatives. Therefore, under the RFA, could increase all TACs up to the sum Alternative 5, which sets all harvests
it is the aggregate gross receipts of all of ABCs, would not reflect the practical equal to zero, would have a significant
participating members of the implications that increased TACs for adverse economic impact on small
cooperative that must meet the ‘‘under some species probably would not be entities and would be contrary to
$11 million’’ threshold. Vessels that fully harvested. This could be due to a obligations to achieve OY on a
participate in these cooperatives are variety of reasons, including the lack of continuing basis, as mandated by the
considered to be large entities within commercial or market interest in some Magnuson-Stevens Act. Under
the meaning of the RFA. After species. Additionally, an underharvest Alternative 5, all 821 individual CVs
accounting for membership in these of flatfish TACs could result due to impacted by this rule would have gross
cooperatives, there are an estimated 821 other factors, such as the fixed, and revenues of $0. Additionally, the three
small CV entities remaining in the GOA therefore constraining, PSC limits small C/Ps impacted by this rule also
groundfish sector. This latter group of associated with the harvest of the GOA would have gross revenues of $0.
vessels had average gross revenues that groundfish species. Furthermore, TACs
The proposed harvest specifications
varied by gear type. Average gross may be set lower than ABC for
(Alternative 2) extend the current 2019
revenues for hook-and-line CVs, pot conservation purposes, as is the case
gear CVs, and trawl gear CVs are with other rockfish in the Eastern GOA. OFLs, ABCs, and TACs to 2019 and
estimated to be $380,000, $790,000, and Finally, the TACs for two species 2020, with the exceptions of the
$1.97 million, respectively. Revenue (pollock and Pacific cod) cannot be set removal of the squid OFL, ABC, and
data for the three C/Ps considered to be equal to ABC, as the TAC must be TAC. As noted in the IRFA, the Council
small entities are confidential. reduced to account for the State’s GHLs may modify its recommendations for
The preferred alternative (Alternative in these fisheries. final OFLs, ABCs, and TACs in
2) was compared to four other Alternative 3 selects harvest rates December 2018, when it reviews the
alternatives. Alternative 1 would have based on the most recent 5 years of November 2018 SAFE report from its
set TACs to generate fishing rates equal harvest rates (for species in Tiers 1 Groundfish Plan Team, and the
to the maximum permissible ABC (if the through 3) or based on the most recent December 2018 Council meeting reports
full TAC were harvested), unless the 5 years of harvests (for species in Tiers of its SSC and AP. Because the 2019
sum of TACs exceeded the GOA OY, in 4 through 6). This alternative is TACs (with the exception of squid) in
which case TACs would be limited to inconsistent with the objectives of this the proposed 2019 and 2020 harvest
the OY. Alternative 3 would have set action because it does not take account specifications are unchanged from the
TACs to produce fishing rates equal to of the most recent biological 2019 TACs, and because the sum of all
the most recent 5-year average fishing information for this fishery, as required TACs remains within OY for the GOA,
rate. Alternative 4 would have set TACs by the Magnuson-Stevens Act. NMFS
NMFS does not expect adverse impacts
to equal the lower limit of the GOA OY annually conducts at-sea stock surveys
on small entities. Also, NMFS does not
range. Alternative 5, the ‘‘no action for different species, as well as
alternative,’’ would have set TACs equal statistical modeling, to estimate stock expect any changes made by the Council
to zero. sizes and permissible harvest levels. in December 2018 to have significant
The TACs associated with Alternative Actual harvest rates or harvest amounts adverse impacts on small entities.
2, the preferred harvest strategy, are are a component of these estimates, but This action does not modify
those recommended by the Council in in and of themselves may not accurately recordkeeping or reporting
October 2018. OFLs and ABCs for the portray stock sizes and conditions. requirements, or duplicate, overlap, or
species were based on recommendations Harvest rates are listed for each species conflict with any Federal rules.
prepared by the Council’s Plan Team in category for each year in the SAFE Adverse impacts on marine mammals
September 2018, and reviewed by the report (see ADDRESSES).
Council’s SSC in October 2018. The Alternative 4 would lead to or endangered species resulting from
Council based its TAC significantly lower harvests of all fishing activities conducted under this
recommendations on those of its AP, groundfish species and reduce the TACs rule are discussed in the Final EIS and
which were consistent with the SSC’s from the upper end of the OY range in its accompanying annual SIRs (see
OFL and ABC recommendations. the GOA to its lower end of 116,000 mt. ADDRESSES).
Alternative 1 selects harvest rates that Overall, this alternative would reduce Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
would allow fishermen to harvest stocks 2019 TACs by about 80 percent and 1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.
at the level of ABCs, unless total would lead to significant reductions in 3631 et seq.; Pub. L. 105–277; Pub. L. 106–
harvests were constrained by the upper harvests of species harvested by small 31; Pub. L. 106–554; Pub. L. 108–199; Pub.
bound of the GOA OY of 800,000 mt. As entities. While production declines in L. 108–447; Pub. L. 109–241; Pub. L. 109–
shown in Table 1 of the preamble, the the GOA would be associated with 479.
khammond on DSK30JT082PROD with PROPOSAL
sum of ABCs in 2019 and 2020 would offsetting price increases in the GOA,
Dated: November 29, 2018.
be 479,050 mt, which falls below the the size of these increases is uncertain
upper bound of the OY range. The sum and would still be constrained by Samuel D. Rauch, III,
of TACs is 375,280 mt, which is less production of substitutes. There are Deputy Assistant Administrator for
than the sum of ABCs. In this instance, close substitutes for GOA groundfish Regulatory Programs, National Marine
Alternative 1 is consistent with the species available in significant Fisheries Service.
preferred alternative (Alternative 2), quantities from the Bering Sea and [FR Doc. 2018–26390 Filed 12–4–18; 8:45 am]
meets the objectives of that action, and Aleutian Islands management area. BILLING CODE 3510–22–P
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Document Created: 2018-12-05 02:36:23
Document Modified: 2018-12-05 02:36:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; request for comments. | |
| Dates | Comments must be received by January 7, 2019. | |
| Contact | Obren Davis, 907-586-7228. | |
| FR Citation | 83 FR 62794 | |
| RIN Number | 0648-XG47 |
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