Federal Register: RULES Fishery conservation and management: [50 CFR Part 679]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 679

Docket ID: [Docket No. 060216044-6044-01; I.D. 112805B]

NOTICE: RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Final rule; apportionment of reserves; closures.

SUBJECT CATEGORY: Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2006 and 2007 Final Harvest Specifications for Groundfish

DATES: The 2006 and 2007 final harvest specifications and associated apportionment of reserves are effective at 1200 hrs, Alaska local time (A.l.t.), March 3, 2006 through 2400 hrs, A.l.t., December 31, 2007.

DOCUMENT SUMMARY: NMFS announces 2006 and 2007 final harvest specifications and prohibited species catch (PSC) allowances for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits for groundfish during the 2006 and 2007 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the MagnusonStevens Fishery Conservation and Management Act (MagnusonStevens Act).

SUMMARY: Alaska; fisheries of Exclusive Economic Zone—; Bering Sea and Aleutian Islands groundfish,

SUPPLEMENTAL INFORMATION

Federal regulations at 50 CFR part 679 implement the FMP and govern the groundfish fisheries in the BSAI. The Council prepared the FMP, and NMFS approved it under the Magnuson Stevens Act. General regulations governing U.S. fisheries also appear at 50 CFR part 600.

The FMP and its implementing regulations require NMFS, after consultation with the Council, to specify annually the total allowable catch (TAC) for each target species and for the ``other species'' category, the sum must be within the optimum yield range of 1.4 million to 2.0 million metric tons (mt) (see Sec. 679.20(a)(1)(i)). Also specified are apportionments of TACs, and Community Development Quota (CDQ) reserve amounts, PSC allowances, and prohibited species quota (PSQ) reserve amounts. Section 679.20(c)(3) further requires NMFS to consider public comment on the proposed annual TACs and apportionments thereof and the proposed PSC allowances, and to publish final harvest specifications in the Federal Register. The final harvest
specifications listed in Tables 1 through 17 of this action satisfy these requirements. For 2006 and 2007, the sum of TACs for each year is 2 million mt.

The 2006 and 2007 proposed harvest specifications and PSC allowances for the groundfish fishery of the BSAI were published in the Federal Register on December 16, 2005 (70 FR 74723). Comments were invited and accepted through January 17, 2006. NMFS received 1 letter with several comments on the proposed harvest specifications. These comments are summarized and responded to in the Response to Comments section. NMFS consulted with the Council during the December 2005 Council meeting in Anchorage, AK. After considering public comments, as well as biological and economic data that were available at the Council's December meeting, NMFS is implementing the 2006 and 2007 final harvest specifications as recommended by the Council. Acceptable Biological Catch (ABC) and TAC Harvest Specifications

The final ABC levels are based on the best available biological and [[Page 10895]]
socioeconomic information, including projected biomass trends, information on assumed distribution of stock biomass, and revised technical methods used to calculate stock biomass. In general, the development of ABCs and overfishing levels (OFLs) involves sophisticated statistical analyses of fish populations and is based on a successive series of six levels, or tiers, of reliable information available to fishery scientists. Tier 1 represents the highest level of data quality and tier 6 the lowest level of data quality available.

In December 2005, the Scientific and Statistical Committee (SSC), Advisory Panel (AP), and Council reviewed current biological information about the condition of the BSAI groundfish stocks. The Council's Plan Team complied and presented this information in the 2005 SAFE report for the BSAI groundfish fisheries, dated November 2005. 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 BSAI ecosystem and the economic condition of groundfish fisheries off Alaska. The SAFE report is available for public review (see ADDRESSES). From these data and analyses, the Plan Team estimates an OFL and ABC for each species or species category.

In December 2005, the SSC, AP, and Council reviewed the Plan Team's recommendations. Except for Bogoslof pollock and the ``other species'' category, the SSC, AP, and Council endorsed the Plan Team's ABC recommendations. For 2006 and 2007, the SSC recommended lower Bogoslof pollock OFLs and ABCs than the maximum permissible OFLs and ABCs recommended by the Plan Team. For Bogoslof pollock, the SSC recommended using a procedure that reduces the ABC proportionately to the ratio of current stock biomass to target stock biomass. For ``other species,'' the SSC recommended using tier 6 management for the sharks and octopus species resulting in lower ABCs than the Plan Team's recommended tier 5 management. The Plan Team also recommended separate OFLs and ABCs for the species in the ``other species'' category; however, the current FMP specifies management at the group level. Since 1999, the SSC has recommended a procedure that moves gradually to a higher ABC for ``other species'' over a 10year period instead of a large increase in one year. The 2006 and 2007 ABC amounts reflect the 8th and 9th years of incremental increase in the ABC for ``other species.'' For all species, the AP endorsed the ABCs recommended by the SSC, and the Council adopted them.

The final TAC recommendations were based on the ABCs as adjusted for other biological and socioeconomic considerations, including maintaining the sum of the TACs within the required optimum yield (OY) range of 1.4 million to 2 million mt. The Council adopted the AP's 2006 and 2007 TAC recommendations. None of the Council's recommended TACs for 2006 or 2007 exceeds the final 2006 or 2007 ABC for any species category. NMFS finds that the recommended OFLs, ABCs, and TACs are consistent with the biological condition of groundfish stocks as described in the 2005 SAFE report that was approved by the Council. Other Rules Affecting the 2006 and 2007 Harvest Specifications

The 2007 harvest specifications will be updated in early 2007, when new harvest specifications for 2007 and 2008 are implemented.

The Council is reviewing Amendment 85, which may revise the BSAI Pacific cod sector allocation and apportion the Pacific cod ABC or TAC by Bering Sea subarea and Aleutian Islands (AI) subarea separately instead of by the entire BSAI management area. The Council is also reviewing Amendment 84, which may modify current regulations for managing incidental catch of chinook and chum salmon. Another action the Council may consider is separating some species from the ``other species'' species category and establishing separate OFLs, ABCs, and TACs for those species.
Changes From the 2006 and 2007 Proposed Harvest Specifications in the BSAI

In October 2005, the Council's recommendations for the 2006 and 2007 proposed harvest specifications (70 FR 74723, December 16, 2005) were based largely on information contained in the 2004 SAFE report for the BSAI groundfish fisheries, dated November 2004. The Council recommended that OFLs and ABCs for stocks in tiers 1 through 3 be based on biomass projections as set forth in the 2004 SAFE report and estimates of groundfish harvests through the 2005 fishing year. For stocks in tiers 4 through 6, for which projections could not be made, the Council recommended that OFL and ABC levels be unchanged from 2005 until the 2005 SAFE report could be completed. The 2005 SAFE report (dated November 2005), which was not available when the Council made its recommendations in October 2005, contains the best and most recent scientific information on the condition of the groundfish stocks. In December 2005, the Council considered the 2005 SAFE report in making its recommendations for the 2006 and 2007 final harvest specifications. Based on the 2005 SAFE report, the sum of the 2006 and 2007 recommended final TACs for the BSAI (2,000,000 mt) is the same as the sum of the 2006 and 2007 proposed TACs. Those species for which the final 2006 TAC is lower than the proposed 2006 TAC are Bering Sea subarea pollock (decreased to 1,485,000 mt, from 1,487,756 mt), Pacific cod (decreased to 194,000 mt, from 195,000 mt), Greenland turbot (decreased to 2,740 mt, from 3,500 mt), rock sole (decreased to 41,500 mt, from 42,000 mt), flathead sole (decreased to 19,500 mt, from 20,000 mt), Alaska plaice (decreased to 8,000 mt, from 10,000 mt), northern rockfish (decreased to 4,500 mt, from 5,000 mt), shortraker rockfish (decreased to 580 mt, from 596 mt), and ``other species'' (decreased to 29,000 mt, from 29,200 mt). Those species for which the final 2006 TAC is higher than the proposed 2006 TAC are Bering Sea sablefish (increased to 2,820 mt, from 2,310 mt), AI sablefish (increased to 3,000 mt, from 2,480 mt), ``other flatfish'' (increased to 3,500 mt, from 3,000 mt), yellowfin sole (increased to 95,701 mt, from 90,000 mt), arrowtooth flounder (increased to 13,000 mt, from 12,000 mt), and rougheye rockfish (increased to 224 mt, from 223 mt). Those species for which the final 2007 TAC is lower than the proposed 2007 TAC are Pacific cod (decreased to 148,000 mt, from 172,200 mt), Bering Sea Greenland turbot (decreased to 2,630 mt, from 10,500 mt), Atka mackerel (decreased to 63,000 mt, from 90,800 mt), yellowfin sole (decreased to 107,641 mt, from 109,600 mt), rock sole (decreased to 44,000 mt, from 116,100 mt), arrowtooth flounder (decreased to 18,000 mt, from 39,100 mt), flathead sole (decrease to 22,000 mt, from 50,600 mt), ``other flatfish'' (decreased to 5,000 mt, from 21,400 mt), Alaska plaice (decreased to 15,000 mt, from 65,000 mt), Pacific ocean perch (decreased to 14,800 mt, from 15,100 mt), northern rockfish (decreased to 5,000 mt, from 8,200 mt), shortraker rockfish (decreased to 580 mt, from 596 mt), squid (decreased to 1,275 mt, from 1,970 mt), and ``other species'' (decreased to 27,000 mt, from 29,200). Those species for which the final 2007 TAC is higher than the proposed 2007 TAC are Bering Sea pollock (increased to 1,500,000 mt,
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from 1,223,200 mt), Bering Sea sablefish (increased to 2,700 mt, from 2,400 mt), AI sablefish (increased to 2,740 mt, from 2,600 mt), and rougheye rockfish (increased to 224 from 223 mt). As mentioned in the 2006 and 2007 proposed harvest specifications, NMFS is apportioning the amounts shown in Table 2 from the nonspecified reserve to increase the ITAC of several target species.

The 2006 and 2007 final TAC recommendations for the BSAI are within the OY range established for the BSAI and do not exceed ABCs for any single species/complexes. Compared to the 2006 and 2007 proposed harvest specifications, the Council's 2005 final TAC recommendations increase fishing opportunities for fishermen and economic benefits to the nation for species for which the Council had sufficient information to raise TAC levels. These include BSAI sablefish, yellowfin sole, arrowtooth flounder, ``other flatfish'', and rougheye rockfish. Conversely, the Council reduced TAC levels to provide greater protection for several species, these include Bering Sea subarea pollock, Pacific cod, rock sole, Greenland turbot, flathead sole, Alaska plaice, northern rockfish, shortraker rougheye, and ``other species.'' The changes recommended by the Council were based on the best scientific information available, consistent with National Standard 2 of the MagnusonStevens Act, and within a reasonable range of variation from the proposed TAC recommendations so that the affected public was fairly apprised and could have made meaningful comments.

Table 1 lists the 2006 and 2007 reserve amounts of the BSAI groundfish. Table 1.2006 and 2007 Overfishing Pollock \4\.................. BS \2\..... AI \2\..... Bogoslof... Pacific cod.................. BSAI....... Sablefish \5\................ BS......... AI......... Atka mackerel................ BSAI....... EAI/BS..... CAI........ WAI........ Yellowfin sole............... BSAI....... Rock sole.................... BSAI....... Greenland turbot............. BSAI....... BS......... AI......... Arrowtooth flounder.......... BSAI....... Flathead sole................ BSAI....... Other flatfish \6\........... BSAI....... Alaska plaice................ BSAI....... Pacific ocean perch.......... BSAI....... BS......... EAI........ CAI........ WAI........ Northern rockfish............ BSAI....... Shortraker rockfish.......... BSAI....... Rougheye rockfish............ BSAI....... Other rockfish \7\........... BSAI....... BS......... AI......... Squid........................ BSAI....... Other species \8\............ BSAI....... final OFL, ABC, TAC, ITAC and CDQ The apportionment of TAC amounts among fisheries and seasons is discussed below.
Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ Reserve Allocation of Groundfish in the BSAI \1\ [Amounts are in metric tons] 2006 2007 Species Area
OFL ABC TAC ITAC \2\ CDQ \3\ OFL ABC TAC ITAC \2\ CDQ \3\ 2,090,000 1,930,000 1,485,000 1,336,500 148,500 1,930,000 1,790,000 1,500,000 1,350,000 150,000 39,100 29,400 19,000 17,100 1,900 39,100 29,400 19,000 17,100 1,900 50,600 5,500 10 10 n/a 50,600 5,500 10 10 n/a 230,000 194,000 194,000 164,900 14,550 176,000 148,000 148,000 125,800 11,100 3,680 3,060 2,820 2,327 388 3,260 2,700 2,700 1,148 101 3,740 3,100 3,000 2,438 499 3,300 2,740 2,740 582 51 130,000 110,000 63,000 53,550 4,725 107,000 91,000 63,000 53,550 4,725 n/a 21,780 7,500 6,375 563 n/a 18,020 7,500 6,375 563 n/a 46,860 40,000 34,000 3,000 n/a 38,760 38,000 32,300 2,850 n/a 41,360 15,500 13,175 1,163 n/a 34,220 17,500 14,875 1,313 144,000 121,000 95,701 81,346 7,178 137,000 116,000 107,641 91,495 8,073 150,000 126,000 41,500 35,275 3,113 145,000 122,000 44,000 37,400 3,300 14,200 2,740 2,740 2,329 206 13,400 2,630 2,630 2,236 197 n/a 1,890 1,890 1,607 142 n/a 1,815 1,815 1,543 136 n/a 850 850 723 64 n/a 815 815 693 61 166,000 136,000 13,000 11,050 975 174,000 142,000 18,000 15,300 1,350 71,800 59,800 19,500 16,575 1,463 67,900 56,600 22,000 18,700 1,650 24,200 18,100 3,500 2,975 263 24,200 18,100 5,000 4,250 375 237,000 188,000 8,000 6,800 600 231,000 183,000 15,000 12,750 1,125 17,600 14,800 12,600 10,710 945 17,600 14,800 14,800 12,580 1,110 n/a 2,960 1,400 1,190 105 n/a 2,960 2,960 2,516 222 n/a 3,256 3,080 2,618 231 n/a 3,256 3,256 2,768 244 n/a 3,212 3,035 2,580 228 n/a 3,212 3,212 2,730 241 n/a 5,372 5,085 4,322 381 n/a 5,375 5,372 4,566 403 10,100 8,530 4,500 3,825 338 9,890 8,320 5,000 4,250 375 774 580 580 493 44 774 580 580 493 44 299 224 224 190 17 299 224 224 190 17 1,870 1,400 1,050 893 79 1,870 1,400 1,400 1,190 105 n/a 810 460 391 35 n/a 810 810 689 61 n/a 590 590 502 44 n/a 590 590 502 44 2,620 1,970 1,275 1,084 n/a 2,620 1,970 1,275 1,084 n/a 89,404 58,882 29,000 24,650 2,175 89,404 62,950 27,000 22,950 2,025

Total.................... ........... 3,476,987 3,013,086 2,000,000 1,775,020 187,958 3,224,217 2,799,914 2,000,000 1,773,058 187,623 \1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District. \2\ Except for pollock and the portion of the sablefish TAC allocated to hookandline and pot gear, 15 percent of each TAC is put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of these reserves. \3\ Except for pollock, squid and the hookandline or pot gear allocation of sablefish, one half of the amount of the TACs placed in reserve, or 7.5 percent of the TACs, is designated as a CDQ reserve for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(iii) and 679.31). \4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(1), the annual Bering Sea pollock TAC after subtraction for the CDQ directed fishing allowance10 percent and the ICA3.35 percent, is further allocated by sector for a directed pollock fishery as follows: Inshore50 percent; catcher/processor40 percent; and motherships10 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance10 percent and second for the ICA1,800 mt, is allocated to the Aleut Corporation for a directed pollock fishery. \5\ Twenty percent of the sablefish TAC allocated to hookandline gear or pot gear and 7.5 percent of the sablefish TAC allocated to trawl gear is reserved for use by CDQ participants (see Sec. 679.20(b)(1)(iii)). \6\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder and Alaska plaice.
\7\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish. \8\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec. 679.2, are not included in the ``other species'' category.
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Reserves and the Incidental Catch Allowance (ICA) for Pollock

Section 679.20(b)(1)(i) requires the placement of 15 percent of the TAC for each target species or species group, except for pollock and the hookandline and pot gear allocation of sablefish, in a non specified reserve. Section 679.20(b)(1)(iii) further requires the allocation of onehalf of each TAC amount that is placed in the non specified reserve (7.5 percent), with the exception of squid, to the groundfish CDQ reserve, and the allocation of 20 percent of the hook andline and pot gear allocation of sablefish to the fixed gear sablefish CDQ reserve. Sections 679.20(a)(5)(i)(A) and 679.31(a) also require the allocation of 10 percent of the BSAI pollock TACs to the pollock CDQ directed fishing allowance. The entire Bogoslof District pollock TAC is allocated as an ICA (see Sec. 679.20(a)(5)(ii)). With the exception of the hookandline and pot gear sablefish CDQ reserve, the regulations do not further apportion the CDQ reserves by gear. Section 679.21(e)(1)(i) requires withholding of 7.5 percent of each PSC limit, with the exception of herring, as a PSQ reserve for the CDQ fisheries. Sections 679.30 and 679.31 set forth regulations governing the management of the CDQ and PSQ reserves.

Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock ICA of 3.35 percent of the Bering Sea subarea pollock TAC after subtraction of the 10 percent CDQ reserve. This allowance is based on NMFS' examination of the pollock incidental catch, including the incidental catch by CDQ vessels, in target fisheries other than pollock from 1998 through 2005. During this 6year period, the pollock incidental catch ranged from a low of 2 percent in 2003, to a high of 5 percent in 1999, with a 6year average of 3.5 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS recommends setting a 1,800 mt ICA for AI subarea pollock after subtraction of the 10 percent CDQ directed fishing allowance.

The regulations do not designate the remainder of the nonspecified reserve by species or species group. Any amount of the reserve may be apportioned to a target species or to the ``other species'' category during the year, providing that such apportionments do not result in overfishing (see Sec. 679.20(b)(1)(ii)). The Regional Administrator has determined that the ITACs specified for the species listed in Table 2 need to be supplemented from the nonspecified reserve because U.S. fishing vessels have demonstrated the capacity to catch the full TAC allocations. Therefore, in accordance with Sec. 679.20(b)(3), NMFS is apportioning the amounts shown in Table 2 from the nonspecified reserve to increase the ITAC to an amount that is equal to TAC minus the CDQ reserve.
Table 2.2006 and 2007 Apportionment of Reserves to ITAC Categories [Amounts are in metric tons] 2006 2007 Speciesarea or subarea reserve 2006 final reserve 2007 final amount ITAC amount ITAC Atka mackerelEastern Aleutian District and Bering Sea 563 6,938 563 6,938 subarea.................................................... Atka mackerelCentral Aleutian District.................... 3,000 37,000 2,850 35,150 Atka mackerelWestern Aleutian District.................... 1,163 14,338 1,313 16,188 Pacific ocean perchEastern Aleutian District.............. 231 2,849 244 3,012 Pacific ocean perchCentral Aleutian District.............. 228 2,808 241 2,971 Pacific ocean perchWestern Aleutian District.............. 381 4,703 403 4,969 Pacific codBSAI........................................... 14,550 179,450 11,100 136,900 Shortraker rockfishBSAI................................... 44 537 44 537 Rougheye rockfishBSAI..................................... 17 207 17 207 Northern rockfishBSAI..................................... 338 4,163 375 4,625 Other rockfishBering Sea subarea.......................... 35 426 61 750

Total................................................... 20,550 253,419 17,211 212,247 Allocation of Pollock TAC Under the American Fisheries Act (AFA)

Section 679.20(a)(5)(i)(A) requires that the pollock TAC apportioned to the Bering Sea subarea, after subtraction of the 10 percent for the CDQ program and the 3.35 percent for the ICA, will be allocated as a directed fishing allowance (DFA) as follows: 50 percent to the inshore component, 40 percent to the catcher/processor component, and 10 percent to the mothership component. In the Bering Sea subarea, the A season (January 20June 10) is allocated 40 percent of the DFA and the B season (June 10November 1) is allocated 60 percent of the DFA. The AI directed pollock fishery allocation to the Aleut Corporation is the amount of pollock remaining in the AI subarea after subtracting 1,900 mt for the CDQ DFA (10 percent) and 1,800 mt for the ICA. In the AI subarea, 40 percent of the ABC is allocated to the A season and the remainder of the directed pollock fishery is allocated to the B season. Table 3 lists these 2006 and 2007 amounts.

Section 679.20(a)(5)(i)(A)(4) also includes several specific requirements regarding pollock and pollock allocations. First, 8.5 percent of the pollock allocated to the catcher/processor sector will be available for harvest by AFA catcher vessels with catcher/processor sector endorsements, unless the Regional Administrator receives a cooperative contract that provides for the distribution of harvest among AFA catcher/processors and AFA catcher vessels in a manner agreed to by all members. Second, AFA catcher/processors not listed in the AFA are limited to harvesting not more than 0.5 percent of the pollock allocated to the catcher/processor sector. Table 3 lists the 2006 and 2007 allocations of pollock TAC. Tables 10 through 17 list other provisions of the AFA, including inshore pollock cooperative allocations and listed catcher/processor and catcher vessel harvesting sideboard limits.

Table 3 also lists seasonal apportionments of pollock and harvest limits within the Steller Sea Lion Conservation Area (SCA). The harvest within the SCA, as defined at Sec. 679.22(a)(7)(vii), is limited to 28 percent of the annual directed fishing allowance (DFA) until April 1. The remaining 12 percent of the 40 percent of the annual DFA allocated to the A season may be taken outside the SCA before April 1 or inside the SCA after April 1. If the 28 percent of the annual
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DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1. The A season pollock SCA harvest limit will be apportioned to each sector in proportion to each sector's allocated percentage of the DFA. Table 3 lists by sector these 2006 and 2007 amounts.
Table 3.2006 and 2007 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA)\1\ [Amounts are in metric tons] 2006 A season \1\ 2006 B 2007 A season \1\ 2007 B season \1\ season \1\ Area and sector 2006 2007 allocations A season SCA harvest B season allocations A season SCA harvest B season DFA limit \2\ DFA DFA limit \2\ DFA Bering Sea subarea.............................. 1,485,000 n/a n/a n/a 1,500,000 n/a n/a n/a CDQ DFA......................................... 148,500 59,400 41,580 89,100 150,000 60,000 42,000 90,000 ICA \1\......................................... 44,773 n/a n/a n/a 45,225 n/a n/a n/a AFA Inshore..................................... 645,864 258,345 180,842 387,518 652,388 260,955 182,669 391,433 AFA Catcher/Processors \3\...................... 516,691 206,676 144,673 310,015 521,910 208,764 146,135 313,146

Catch by C/Ps............................... 472,772 189,109 n/a 283,663 477,548 191,019 n/a 286,529

Catch by CVs \3\............................ 43,919 17,567 n/a 26,351 44,362 17,745 n/a 26,617 Unlisted C/P Limit \4\.................. 2,583 1,033 n/a 1,550 2,610 1,044 n/a 1,566 AFA Motherships................................. 129,173 51,669 36,168 77,504 130,478 52,191 36,534 78,287 Excessive Harvesting Limit \5\.................. 226,052 n/a n/a n/a 228,336 n/a n/a n/a Excessive Processing Limit \6\.................. 387,518 n/a n/a n/a 391,433 n/a n/a n/a

Total Bering Sea DFA........................ 1,440,228 576,090 403,263 864,137 1,454,776 581,910 407,338 872,866 Aleutian Islands subarea \1\.................... 19,000 n/a n/a n/a 19,000 n/a n/a n/a

CDQ DFA..................................... 1,900 760 n/a 1,140 1,900 760 n/a 1,140

ICA......................................... 1,800 1,200 n/a 600 1,800 1,200 n/a 600

Aleut Corporation........................... 15,300 9,800 n/a 5,500 15,300 9,800 n/a 5,500
Bogoslof District ICA \7\....................... 10 n/a n/a n/a 10 n/a n/a n/a \1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA10 percent and the ICA3.35 percent, is allocated as a DFA as follows: Inshore component50 percent, catcher/processor component40 percent, and mothership component10 percent. In the Bering Sea subarea, the A season, January 20June 10, is allocated 40 percent of the DFA and the B season, June 10November 1, is allocated 60 percent of the DFA. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance10 percent and second the ICA1,800 mt, is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery. \2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1. \3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/processors. \4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6) NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock DFAs. \6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7) NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock DFAs. \7\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only, and are not apportioned by season or sector.

Allocation of the Atka Mackerel ITAC

Pursuant to Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea Atka mackerel ITAC may be allocated to jig gear. The amount of this allocation is determined annually by the Council based on several criteria, including the anticipated harvest capacity of the jig gear fleet. The Council recommended, and NMFS approved, a 1 percent allocation of the Atka mackerel ITAC in the Eastern Aleutian District and the Bering Sea subarea to the jig gear in 2006 and 2007. Based on the 2006 and 2007 ITACs and reserve apportionments that together total 6,938 mt, the jig gear allocation is 69 mt.

Section Sec. 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into two equal seasonal allowances. After subtraction of the jig gear allocation, the first seasonal allowance is made available for directed fishing from January 1 (January 20 for trawl gear) to April 15 (A season), and the second seasonal allowance is made available from September 1 to November 1 (B season) (see Table 4).

Pursuant to Sec. 679.20(a)(8)(ii)(C)(1), the Regional Administrator will establish a harvest limit area (HLA) limit of no more than 60 percent of the seasonal TAC for the Western and Central Aleutian Districts. A lottery system is used for the HLA Atka mackerel directed fisheries to reduce the amount of daily catch in the HLA by about half and to disperse the fishery over two districts (see Sec. 679.20(a)(8)(iii)).
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Table 4.2006 and 2007 Seasonal and Spatial Allowances, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC \1\ [Amounts are in metric tons] 2006 seasonal allowances \2\ 2006 CDQ 2006 CDQ A season \3\ B season \3\ Subarea and component 2006 TAC reserve reserve HLA 2006 ITAC limit \4\ HLA limit HLA limit Total \4\ Total \4\ Western AI District............................. 15,500 1,163 698 14,338 7,169 4,301 7,169 4,301 Central AI District............................. 40,000 3,000 1,800 37,000 18,500 11,100 18,500 11,100 EAI/BS subarea \5\.............................. 7,500 563 n/a 6,938 n/a n/a n/a n/a

Jig (1%) \6\................................ n/a n/a n/a 69 n/a n/a n/a n/a

Other gear (99%)............................ n/a n/a n/a 6,868 3,434 n/a 3,434 n/a
Total................................... 63,000 n/a n/a n/a 29,103 n/a 29,103 n/a 2007 Seasonal allowances \2\ 2007 CDQ B season \3\ Subarea and component 2007 TAC 2007 CDQ reserve HLA 2007 ITAC reserve limit \4\ A season HLA \3\ Total HLA limit Total limit \4\ \4\
Western AI District........................ 17,500 1,313 788 16,188 8,094 4,856 8,094 4,856 Central AI District........................ 38,000 2,850 1,710 35,150 17,575 10,545 17,575 10,545 EAI/BS subarea \5\......................... 7,500 563 n/a 6,938 n/a n/a n/a n/a

Jig (1%) \6\........................... n/a n/a n/a 69 n/a n/a n/a n/a

Other gear (99%)....................... n/a n/a n/a 6,868 3,434 n/a 3,434 n/a
Total.............................. 63,000 n/a n/a n/a 29,103 n/a 29,103 n/a \1\ Regulations at Sec. Sec. 679.20(a)(8)(ii) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. \2\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season. \3\ The A season is January 1 (January 20 for trawl gear) to April 15 and the B season is September 1 to November 1. \4\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec. 679.2). In 2006 and 2007, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts. \5\ Eastern Aleutian District and the Bering Sea subarea.
\6\ Regulations at Sec. 679.20 (a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea ITAC be allocated to jig gear. The amount of this allocation is 1 percent. The jig gear allocation is not apportioned by season. Allocation of the Pacific Cod ITAC

Pursuant to Sec. 679.20(a)(7)(i)(A), 2 percent of the Pacific cod ITAC is allocated to vessels using jig gear, 51 percent to vessels using hookandline or pot gear, and 47 percent to vessels using trawl gear. Section 679.20(a)(7)(i)(B) further allocates the portion of the Pacific cod ITAC allocated to trawl gear as 50 percent to catcher vessels and 50 percent to catcher/processors. Section
679.20(a)(7)(i)(C)(1) sets aside a portion of the Pacific cod ITAC allocated to hookandline or pot gear as an ICA of Pacific cod in directed fisheries for groundfish using these gear types. Based on anticipated incidental catch in these fisheries, the Regional Administrator specifies an ICA of 500 mt. The remainder of Pacific cod ITAC is further allocated to vessels using hookandline or pot gear as the following DFAs: 80 percent to hookandline catcher/processors, 0.3 percent to hookandline catcher vessels, 3.3 percent to pot catcher/ processors, 15 percent to pot catcher vessels, and 1.4 percent to catcher vessels under 60 feet (18.3 m) length overall (LOA) using hook andline or pot gear.

Due to concerns about the potential impact of the Pacific cod fishery on Steller sea lions and their critical habitat, the apportionment of the ITAC disperses the Pacific cod fisheries into two seasonal allowances (see Sec. Sec. 679.20(a)(7)(iii)(A) and 679.23(e)(5)). For pot and most hookandline gear, the first seasonal allowance of 60 percent of the ITAC is made available for directed fishing from January 1 to June 10, and the second seasonal allowance of 40 percent of the ITAC is made available from June 10 (September 1 for pot gear) to December 31. No seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear. For trawl gear, the first season is January 20 to April 1 and is allocated 60 percent of the ITAC. The second season, April 1 to June 10, and the third season, June 10 to November 1, are each allocated 20 percent of the ITAC. The trawl catcher vessel allocation is further allocated as 70 percent in the first season, 10 percent in the second season and 20 percent in the third season. The trawl catcher/processor allocation is allocated 50 percent in the first season, 30 percent in the second season, and 20 percent in the third season. For jig gear, the first season and third seasons are each allocated 40 percent of the ITAC and the second season is allocated 20 percent of the ITAC. Table 5 lists the 2006 and 2007 allocations and seasonal apportionments of the Pacific cod ITAC. In accordance with Sec. 679.20(a)(7)(ii)(D) and (iii)(B), any unused portion of a seasonal Pacific cod allowance will become available at the beginning of the next seasonal allowance.
[[Page 10900]]
Table 5.2006 and 2007 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod ITAC [Amounts are in metric tons] 2006 2006 2006 2006 seasonal appointment \1\ 2007 2007 2007 2007 seasonal appointment \1\ share of subtotal share of share of subtotal share of Gear sector Percent gear percentages gear gear percentage gear sector for gear sector Date Amount sector for gear sector Date Amount total sectors total total sectors total Total hookandline/pot gear........... 51 91,520 n/a n/a n/a........................ n/a 69,819 n/a n/a n/a........................ n/a Hookandline/pot ICA.................. n/a n/a n/a 500 n/a........................ n/a n/a n/a 500 n/a........................ n/a Hookandline/pot subtotal............ n/a 91,020 n/a n/a n/a........................ n/a 69,319 n/a n/a n/a........................ n/a Hookandline C/P...................... n/a n/a 80 72,816 Jan 1Jun 10............... 43,690 n/a 80 55,455 Jan 1Jun 10............... 33,273 ........ ........ ........... ........ Jun 10Dec 31.............. 29,126 ........ .......... ........ Jun 10Dec 31.............. 22,182 Hookandline CV....................... n/a n/a 0.3 273 Jan 1Jun 10............... 164 n/a 0.3 208 Jan 1Jun 10............... 125 ........ ........ ........... ........ Jun 10Dec 31.............. 109 ........ .......... ........ Jun 10Dec 31.............. 83 Pot C/P................................ n/a n/a 3.3 3,004 Jan 1Jun 10............... 1,803 n/a 3.3 2,288 Jan 1Jun 10............... 1,373 ........ ........ ........... ........ Sept 1Dec 31.............. 1,201 ........ .......... ........ Sept 1Dec 31.............. 915 Pot CV................................. n/a n/a 15 13,653 Jan 1Jun 10............... 8,192 n/a 15 10,398 Jan 1Jun 10............... 6,239 ........ ........ ........... ........ Sept 1Dec 31.............. 5,461 ........ .......... ........ Sept 1Dec 31.............. 4,159 CV < 60 feet LOA using Hookandline or n/a n/a 1.4 1,274 n/a........................ n/a n/a 1.4 970 n/a........................ n/a Pot gear.

Total Trawl Gear................... 47 84,342 n/a n/a n/a........................ n/a 64,343 n/a n/a n/a........................ n/a

Trawl CV........................... ........ ........ 50 42,171 Jan 20Apr 1............... 29,520 ........ 50 32,171 Jan 20Apr 1............... 22,520 ........ ........ ........... n/a Apr 1Jun 10............... 4,217 ........ .......... n/a Apr 1Jun 10............... 3,217 ........ ........ ........... n/a Jun 10Nov 1............... 8,434 ........ .......... n/a Jun 10Nov 1............... 6,434

Trawl CP........................... ........ ........ 50 42,171 Jan 20Apr 1............... 21,086 ........ 50 32,171 Jan 20Apr 1............... 16,086 ........ ........ ........... n/a Apr 1Jun 10............... 12,651 ........ .......... n/a Apr 1Jun 10............... 9,651 ........ ........ ........... n/a Jun 10Nov 1............... 8,434 ........ .......... n/a Jun 10Nov 1............... 6,434 Jig.................................... 2 3,589 n/a n/a Jan 1Apr 30............... 1,436 2,738 n/a n/a Jan 1Apr 30............... 1,095 ........ ........ n/a n/a Apr 30Aug 31.............. 718 ........ n/a n/a Apr 30Aug 31.............. 548 ........ ........ n/a n/a Aug 31Dec 31.............. 1,435 ........ n/a n/a Aug 31Dec 31.............. 1,095
Total.......................... 100 179,450 n/a n/a n/a........................ n/a 136,900 n/a n/a n/a........................ n/a \1\ For most nontrawl gear the first season is allocated 60 percent of the ITAC and the second season is allocated 40 percent of the ITAC. For jig gear, the first season and third seasons are each allocated 40 percent of the ITAC and the second season is allocated 20 percent of the ITAC. No seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear. For trawl gear, the first season is allocated 60 percent of the ITAC and the second and third seasons are each allocated 20 percent of the ITAC. The trawl catcher vessels' allocation is further allocated as 70 percent in the first season, 10 percent in the second season and 20 percent in the third season. The trawl catcher/processors' allocation is allocated 50 percent in the first season, 30 percent in the second season and 20 percent in the third season. Any unused portion of a seasonal Pacific cod allowance will be reapportioned to the next seasonal allowance. Sablefish Gear Allocation

Section 679.20(a)(4)(iii) and (iv) requires the allocation of sablefish TACs for the Bering Sea and AI subareas between trawl and hookandline or pot gear. Gear allocations of the TACs for the Bering Sea subarea are 50 percent for trawl gear and 50 percent for hookand line or pot gear and for the AI subarea are 25 percent for trawl gear and 75 percent for hookandline or pot gear. Section
679.20(b)(1)(iii)(B) requires apportionment of 20 percent of the hook andline and pot gear allocation of sablefish to the CDQ reserve. Additionally, Sec. 679.20(b)(1)(iii)(A) requires apportionment of 7.5 percent of the trawl gear allocation of sablefish (one half of the reserve) to the CDQ reserve. Pursuant to Sec. 679.20(c)(1)(iv), the harvest specifications for the hookandline gear and pot gear sablefish IFQ fisheries will be limited to the 2006 fishing year to ensure those fisheries are conducted concurrent with the halibut IFQ fishery. Having the sablefish IFQ fisheries concurrent with the halibut IFQ fishery will reduce the potential for discards of halibut and sablefish in those fisheries. The sablefish IFQ fisheries will remain closed at the beginning of each fishing year until the final specifications for the sablefish IFQ fisheries are in effect. The trawl sablefish fishery will be managed using specifications for up to a 2 year period concurrent with the remaining BSAI species. Table 6 lists the 2006 and 2007 gear allocations of the sablefish TAC and CDQ reserve amounts.
Table 6.2006 and 2007 Gear Shares and CDQ Reserve of BSAI Sablefish TACS [Amounts are in metric tons] Percent of 2006 share 2006 ITAC 2006 CDQ 2007 share 2007 CDQ Subarea and gear TAC of TAC \1\ reserve of TAC 2007 ITAC reserve Bering Sea:

Trawl \2\................................................ 50 1,410 1,199 106 1,350 1,148 101

Hookandline/pot gear \3\............................... 50 1,410 1,128 282 n/a n/a n/a Total................................................ 100 2,820 2,327 388 1,350 1,148 101 Aleutian Islands:

Trawl \2\................................................ 25 750 638 56 685 582 51

Hookandline/pot gear \3\............................... 75 2,250 1,800 450 n/a n/a n/a [[Page 10901]]
Total................................................ 100 3,000 2,438 506 685 582 51 \1\ Except for the sablefish hookandline or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5 percent of the specified TAC) is reserved for the CDQ program.
\3\ For the portion of the sablefish TAC allocated to vessels using hookandline or pot gear, 20 percent of the allocated TAC is reserved for use by CDQ participants. The Council recommended that specifications for the hookandline gear sablefish IFQ fisheries be limited to 1 year. Allocation of PSC Limits for Halibut, Salmon, Crab, and Herring

Section 679.21(e) provides the halibut PSC limits. The BSAI halibut mortality limits are 3,675 mt for trawl fisheries and 900 mt for the nontrawl fisheries. Section 679.21(e)(1)(vii) specifies 29,000 fish as the 2006 and 2007 chinook salmon PSC limit for the Bering Sea subarea pollock fishery. Section 679.21(e)(1)(i) allocates 7.5 percent, or 2,175 chinook salmon, as the PSQ for the CDQ program and allocates the remaining 26,825 chinook salmon to the nonCDQ fisheries. Section 679.21(e)(1)(ix) specifies 700 fish as the 2006 and 2007 PSC limit for the AI subarea pollock fishery. Section 679.21(e)(l)(i) allocates 7.5 percent, or 53 chinook salmon, as an AI PSQ for the CDQ program and allocates the remaining 647 chinook salmon to the nonCDQ fisheries. Section 679.21(e)(1)(viii) specifies 42,000 fish as the 2006 and 2007 nonchinook salmon PSC limit. Section 679.21(e)(1)(i) allocates 7.5 percent, or 3,150 nonchinook salmon, as the PSQ for the CDQ program and allocates the remaining 38,850 nonchinook salmon to the nonCDQ fisheries. PSC limits for crab and herring are specified annually based on abundance and spawning biomass.

The red king crab mature female abundance is estimated from the 2005 survey data as 42.6 million king crab and the effective spawning biomass is estimated as 68 million pounds (30,845 mt). Based on the criteria set out at Sec. 679.21(e)(1)(ii), the 2006 and 2007 PSC limit of red king crab in Zone 1 for trawl gear is 197,000 animals. This limit results from the mature female abundance being above 8.4 million king crab and the effective spawning biomass estimate being greater than 55 million pounds (24,948 mt).

Section 679.21(e)(3)(ii)(B) establishes criteria under which NMFS must specify an annual red king crab bycatch limit for the Red King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS to up to 35 percent of the trawl bycatch allowance specified for the rock sole/ flathead sole/``other flatfish'' fishery category based on the need to optimize the groundfish harvest relative to red king crab bycatch. The Council recommended, and NMFS approves, a red king crab bycatch limit equal to 35 percent of the trawl bycatch allowance specified for the rock sole/flathead sole/``other flatfish'' fishery category within the RKCSS.

Based on 2005 survey data, Tanner crab Chionoecetes bairdi abundance is estimated as 763 million animals. Given the criteria set out at Sec. 679.21(e)(1)(iii), the 2006 and 2007 C. bairdi crab PSC limit for trawl gear is 980,000 animals in Zone 1 and 2,970,000 animals in Zone 2. These limits result from the C. bairdi crab abundance estimate of over 400 million animals.

Pursuant to Sec. 679.21(e)(1)(iv), the PSC limit for snow crab C. opilio is based on total abundance as indicated by the NMFS annual bottom trawl survey. The C. opilio crab PSC limit is set at 0.1133 percent of the Bering Sea abundance index. Based on the 2005 survey estimate of 5,217,718,000 animals, the calculated limit is 5,911,674 animals. Pursuant to Sec. 679.21(e)(1)(iv)(B), the 2006 and 2007 C. opilio crab PSC limit is 5,911,674 animals minus 150,000 animals, which results in a limit of 5,761,674 animals.

Pursuant to Sec. 679.21(e)(1)(vi), the PSC limit of Pacific herring caught while conducting any trawl operation for BSAI groundfish is 1 percent of the annual eastern Bering Sea herring biomass. The best estimate of 2006 and 2007 herring biomass is 177,000 mt. This amount was derived using 2005 survey data and an agestructured biomass projection model developed by the Alaska Department of Fish and Game. Therefore, the 2006 and 2007 herring PSC limit is 1,770 mt.

Pursuant to Sec. 679.21(e)(1)(i), 7.5 percent of each PSC limit specified for halibut and crab is allocated as a PSQ reserve for use by the groundfish CDQ program. Section Sec. 679.21(e)(3) requires the apportionment of each trawl PSC limit into PSC bycatch allowances for seven specified fishery categories. Section 679.21(e)(4)(ii) authorizes the apportionment of the nontrawl halibut PSC limit into PSC bycatch allowances among five fishery categories. Table 7 lists the fishery bycatch allowances for the trawl and nontrawl fisheries.

Section 679.21(e)(4)(ii) authorizes the exemption of specified non trawl fisheries from the halibut PSC limit. As in past years, NMFS, after consultation with the Council, is exempting pot gear, jig gear, and the sablefish IFQ hookandline gear fishery categories from halibut bycatch restrictions because: (1) The pot gear fisheries experience low halibut bycatch mortality, (2) halibut mortality for the jig gear fleet cannot be estimated because these vessels do not carry observers, and (3) the sablefish and halibut Individual Fishing Quota (IFQ) program (subpart D of 50 CFR part 679) requires legalsized halibut to be retained by vessels using hookandline gear if a halibut IFQ permit holder or a hired master is aboard and is holding unused halibut IFQ. In 2005, total BSAI groundfish catch for the pot gear fishery was approximately 18,342 mt, with an associated halibut bycatch mortality of about 42 mt. The 2005 jig gear fishery harvested about 124 mt of groundfish. Most vessels in the jig gear fleet are less than 60 ft (18.3 m) LOA and thus are exempt from observer coverage requirements. As a result, observer data are not available on halibut bycatch in the jig gear fishery. However, a negligible amount of halibut bycatch mortality is assumed because of the selective nature of this gear type and the likelihood that halibut caught with jig gear have a high survival rate when released.

Section 679.21(e)(5) authorizes NMFS, after consultation with the Council, to establish seasonal apportionments of PSC amounts in order to maximize the ability of the fleet to harvest the available groundfish TAC and to minimize bycatch. The factors to be considered are: (1) Seasonal distribution of prohibited species, (2) seasonal distribution of target groundfish species, (3) PSC bycatch needs on a seasonal basis relevant to
[[Page 10902]]
prohibited species biomass, (4) expected variations in bycatch rates throughout the year, (5) expected start of fishing effort, and (6) economic effects of seasonal PSC apportionments on industry sectors. The Council recommended and NMFS approves the seasonal PSC apportionments in Table 7 to maximize harvest among gear types, fisheries, and seasons while minimizing bycatch of PSC based on the above criteria.

Table 7.2006 and 2007 Prohibited Species Bycatch Allowances for the BSAI Trawl and NonTrawl Fisheries Prohibited species and zone
Red King C. bairdi (animals) Trawl fisheries Halibut Herring Crab C. opilio mortality (mt) BSAI (animals) (animals) (mt) BSAI zone 1 \1\ COBLZ \1\ Zone 1 \1\ Zone 2 \1\ Yellowfin sole.................... 886 152 33,843 4,103,752 340,844 1,788,459

January 20April 1............ 262 n/a n/a n/a n/a n/a

April 1May 21................ 195 n/a n/a n/a n/a n/a

May 21July 1................. 49 n/a n/a n/a n/a n/a

July 1December 31............ 380 n/a n/a n/a n/a n/a Rock sole/other flat/flathead sole 779 27 121,413 810,091 365,320 596,154 \2\..............................

January 20April 1............ 448 n/a n/a n/a n/a n/a

April 1July 1................ 164 n/a n/a n/a n/a n/a

July 1December 31............ 167 n/a n/a n/a n/a n/a Turbot/arrowtooth/sablefish \3\... n/a 12 n/a 62,356 n/a n/a Rockfish.......................... n/a n/a n/a n/a n/a n/a

July 1December 31............ 69 10 n/a 62,356 n/a 10,988 Pacific cod....................... 1,434 27 26,563 184,402 183,112 324,176 Midwater trawl pollock............ n/a 1,350 n/a n/a n/a n/a Pollock/Atka mackerel/other \4\... 232 192 406 106,591 17,224 27,473 Red King Crab Savings Subarea \6\. n/a n/a n/a n/a n/a n/a (nonpelagic trawl)......... n/a n/a 42,495 n/a n/a n/a

Total trawl PSC............... 3,400 1,770 182,225 5,329,548 906,500 2,747,250 Nontrawl fisheries
Pacific codTotal................ 775 ........... ........... ........... ........... ...........

January 1June 10............. 320 ........... ........... ........... ........... ...........

June 10August 15............. 0 ........... ........... ........... ........... ...........

August 15December 31......... 455 ........... ........... ........... ........... ........... Other nontrawlTotal............ 58 ........... ........... ........... ........... ...........

May 1December 31............. 58 ........... ........... ........... ........... ........... Groundfish pot and jig............ exempt ........... ........... ........... ........... ........... Sablefish hookandline........... exempt ........... ........... ........... ........... ...........

Total nontrawl PSC........... 833 ........... ........... ........... ........... ...........

PSQ reserve \5\............... 342 n/a 14,775 432,126 73,500 222,750
PSC grand total........... 4,575 2,012 197,000 5,761,674 980,000 2,970,000 \1\ Refer to Sec. 679.2 for definitions of areas.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Greenland turbot, rock sole, yellowfin sole and arrowtooth flounder. \3\ Greenland turbot, arrowtooth flounder, and sablefish fishery category. \4\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category. \5\ With the exception of herring, 7.5 percent of each PSC limit is allocated to the CDQ program as PSQ reserve. The PSQ reserve is not allocated by fishery, gear or season. \6\ In December 2005, the Council recommended that red king crab bycatch for trawl fisheries within the RKCSS be limited to 35 percent of the total allocation to the rock sole/flathead sole/``other flatfish'' fishery category (see Sec. 679.21(e)(3)(ii)(B)).

Halibut Discard Mortality Rates

To monitor halibut bycatch mortality allowances and apportionments, the Regional Administrator will use observed halibut bycatch rates, assumed discard mortality rates (DMR), and estimates of groundfish catch to project when a fishery's halibut bycatch mortality allowance or seasonal apportionment is reached. The DMRs are based on the best information available, including information contained in the annual SAFE report (see ADDRESSES).

The Council recommended and NMFS concurs that the recommended halibut DMRs developed by the staff of the International Pacific Halibut Commission (IPHC) for the 2006 and 2007 BSAI groundfish fisheries be used to monitor halibut bycatch allowances established for the 2006 and 2007 groundfish fisheries (see Table 8). The IPHC developed these DMRs using the 10year mean DMRs for the BSAI nonCDQ groundfish fisheries. Plots of annual DMRs against the 10year mean indicated little change since 1990 for most fisheries. DMRs were more variable for the smaller fisheries that typically take minor amounts of halibut bycatch. The IPHC will analyze observer data annually and recommend changes to the DMR where a fishery DMR shows large variation from the mean. The IPHC has been calculating the DMRs for the CDQ fisheries since 1998, and a 10year mean is not available. The Council [[Page 10903]]
recommended and NMFS concurs with the DMRs recommended by the IPHC for 2006 and 2007 CDQ fisheries. The justification for the DMRs is discussed in Appendix A of the SAFE report dated November 2004. Table 8.2006 and 2007 Assumed Pacific Halibut Discard Mortality Rates for the BSAI Fisheries
Preseason assumed Fishery mortality

FOR FURTHER INFORMATION CONTACT Mary Furuness, 907-586-7228 or e-mail
mary.furuness@noaa.gov.