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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 679

Docket ID: [Docket No.070213032-7032-01; I.D. 112206B]

NOTICE: RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Final rule; closures.

SUBJECT CATEGORY: Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; 2007 and 2008 Final Harvest Specifications for Groundfish

DATES: The 2007 and 2008 final harvest specifications and associated management measures are effective at 1200 hrs, Alaska local time (A.l.t.), March 5, 2007, through 2400 hrs, A.l.t., December 31, 2008.

DOCUMENT SUMMARY: NMFS announces 2007 and 2008 final harvest specifications, reserves and apportionments thereof, Pacific halibut prohibited species catch (PSC) limits, and associated management measures for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits and associated management measures for groundfish during the 2007 and 2008 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). The intended effect of this action is to conserve and manage the groundfish resources in the GOA in [[Page 9677]]
accordance with the MagnusonStevens Fishery Conservation and Management Act (MSA).

SUMMARY: Alaska; fisheries of Exclusive Economic Zone—; Gulf of Alaska groundfish,

SUPPLEMENTAL INFORMATION

NMFS manages the groundfish fisheries in the exclusive economic zone of the GOA under the FMP. The Council prepared the FMP under the authority of the MSA, 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 and apportion the total allowable catch (TAC) for each target species and for the ``other species'' category, the sum of which must be within the optimum yield (OY) range of 116,000 to 800,000 metric tons (mt). The final specifications set forth in Tables 1 through 22 of this document satisfy this requirement. For 2007, the sum of the TAC amounts is 269,912 mt. For 2008, the sum of the TAC amounts is 286,173 mt.

Section 679.20(c)(1) further requires NMFS to publish and solicit public comment on proposed annual TACs, halibut PSC amounts, and seasonal allowances of pollock and inshore/offshore Pacific cod. The proposed GOA groundfish specifications and Pacific halibut PSC allowances for 2007 and 2008 were published in the Federal Register on December 15, 2006 (71 FR 75437). Comments were invited and accepted through January 16, 2007. NMFS received 2 letters of comment on the proposed specifications. These letters of comment are summarized in the Response to Comments section of this action. In December 2006, NMFS consulted with the Council regarding the 2007 and 2008 harvest specifications. After considering public comments received, as well as biological and economic data that were available at the Council's December 2006 meeting, NMFS is implementing the 2007 and 2008 final harvest specifications, as recommended by the Council.

Acceptable Biological Catch (ABC) and TAC Specifications

In December 2006, the Council, its Advisory Panel (AP), and its Scientific and Statistical Committee (SSC), reviewed current biological and harvest information about the condition of groundfish stocks in the GOA. This information was compiled by the Council's GOA Plan Team and was presented in the final 2006 SAFE report for the GOA groundfish fisheries, dated November 2006 (see ADDRESSES). The SAFE report contains a review of the latest scientific analyses and estimates of each species= biomass and other biological parameters, as well as summaries of the available information on the GOA ecosystem and the economic condition of the groundfish fisheries off Alaska. From these data and analyses, the Plan Team estimates an ABC for each species or species category.

The final ABC levels are based on the best available biological and socioeconomic information, including projected biomass trends, information on assumed distribution of stock biomass, and revised methods used to calculate stock biomass. The FMP specifies the formulas, or tiers, to be used to compute ABCs and overfishing levels (OFLs). The formulas applicable to a particular stock or stock complex are determined by the level of reliable information available to fisheries scientists. This information is categorized into a successive series of six tiers with tier one representing the highest level of information and tier six the lowest level of information.

The final TAC recommendations were based on the ABCs as adjusted for other biological and socioeconomic considerations, including maintaining the total TAC within the required OY range of 116,000 to 800,000 mt. The Council adopted the AP's TAC recommendations. The Council recommended TACs for 2007 and 2008 equal to ABCs for pollock, deepwater flatfish, rex sole, sablefish, Pacific ocean perch, shortraker rockfish, rougheye rockfish, northern rockfish, pelagic shelf rockfish, thornyhead rockfish, demersal shelf rockfish, big skate, longnose skate, and other skates. The Council recommended TACs less than the ABCs for Pacific cod, flathead sole, shallowwater flatfish, arrowtooth flounder, other rockfish, and Atka mackerel. None of the Council's recommended TACs for 2007 and 2008 exceeds the final ABC for any species or species category. The 2007 and 2008 harvest specifications approved by the Secretary of Commerce (Secretary) are unchanged from those recommended by the Council and are consistent with the preferred harvest strategy alternative in the EIS. The 2007 and 2008 TACs are less than the maximum permissible ABCs recommended by the Council's plan teams and SSC NMFS finds that the recommended ABCs and TACs are consistent with the biological condition of the groundfish stocks as described in the 2006 SAFE report and approved by the Council. The apportionment of TAC amounts among gear types, processing sectors, and seasons is discussed below.

NMFS finds that the Council's recommendations for OFL, ABC, and TAC amounts are consistent with the biological condition of groundfish stocks as adjusted for other biological and socioeconomic
considerations, including maintaining the total TAC within the OY range. NMFS reviewed the Council's recommended TAC specifications and apportionments and approves these specifications under Sec. 679.20(c)(3)(ii).

Tables 1 and 2 list the final 2007 and 2008 OFLs, ABCs, TACs, and area apportionments of groundfish in the GOA. The sum of 2007 ABCs is 490,327 mt, which is lower than the 2006 ABC total of 500,625 mt (71 FR 10870, March 3, 2006), while the sum of 2008 ABCs of 511,838 mt is higher than the 2006 total.

Specification and Apportionment of TAC Amounts

As in 2006, the SSC and Council recommended the method of apportioning the sablefish ABC among management areas in 2007 and 2008 include commercial fishery and survey data. NMFS stock assessment scientists believe the use of unbiased commercial fishery data reflecting catchperunit effort provides a desirable input for stock distribution assessments. The use of commercial fishery data is evaluated annually to ensure unbiased information is included in stock distribution models. The Council's recommendation for sablefish area apportionments also takes into account
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the prohibition on the use of trawl gear in the Southeast Outside (SEO) District of the Eastern Regulatory Area and makes available 5 percent of the combined Eastern Regulatory Area ABCs to trawl gear for use as incidental catch in other directed groundfish fisheries in the West Yakutat (WYK) District (Sec. 679.20(a)(4)(i)).

Since the inception of a State of Alaska (State) managed pollock fishery in Prince William Sound (PWS), the GOA Plan Team has recommended the guideline harvest level (GHL) for the pollock fishery in PWS be deducted from the ABC for the western stock of pollock in the GOA in the Western/Central/West Yakutat (W/C/WYK) Area. For the 2007 and 2008 pollock fisheries in PWS the State's GHL is 1,650 mt.

The apportionment of annual pollock TAC among the Western and Central Regulatory Areas of the GOA reflects the seasonal biomass distribution and is discussed in greater detail below. The annual pollock TAC in the Western and Central Regulatory Areas of the GOA is apportioned among Statistical Areas 610, 620, and 630, as well as 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. 693.23(d)(2)(i) through (iv) and 679.20(a)(5)(iii)(B)).

The SSC, AP, and Council adopted the Plan Team's OFL and ABC recommendations for all groundfish species categories.

The SSC, AP, and Council recommended apportionment of the ABC for Pacific cod in the GOA among regulatory areas based on the three most recent NMFS summer trawl surveys.

The 2007 and 2008 Pacific cod TACs are affected by the State's fishery for Pacific cod in State waters in the Central and Western Regulatory Areas, as well as in PWS. The SSC, AP, and Council recommended that the sum of all State and Federal water Pacific cod removals not exceed the ABC. Accordingly, the Council recommended reduction of the 2007 and 2008 Pacific cod TACs from the ABCs in the Central and Western Regulatory Areas to account for State GHLs. Therefore, the 2007 Pacific cod TACs are less than the ABCs by the following amounts: (1) Eastern GOA, 413 mt; (2) Central GOA, 9,468 mt; and (3) Western GOA, 6,714 mt. Similarly, the 2008 Pacific cod TACs are less than the ABCs as follows: (1) Eastern GOA, 428 mt; (2) Central GOA, 9,817 mt; and (3) Western GOA, 6,961 mt. These amounts reflect the sum of the State's 2007 and 2008 GHLs in these areas, which are 10 percent, 25 percent, and 25 percent of the Eastern, Central, and Western GOA ABCs, respectively. The percentages of ABC used to calculate the GHLs for the State managed Pacific cod fisheries are unchanged from 2006.

NMFS also is establishing seasonal apportionments of the annual Pacific cod TAC in the Western and Central Regulatory Areas. Sixty percent of the annual TAC is apportioned to the A season for hookand line, pot, and jig gear from January 1 through June 10, and for trawl gear from January 20 through June 10. Forty percent of the annual TAC is apportioned to the B season for hookandline, pot, and jig 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)(11)).

As in 2006, NMFS establishes for 2007 and 2008 an A season directed fishing allowance (DFA) for the Pacific cod fisheries in the GOA based on the management area TACs minus the recent average A season incidental catch of Pacific cod in each management area before June 10 (Sec. 679.20(d)(1)). The DFA and incidental catch before June 10 will be managed such that total harvest in the A season will be no more than 60 percent of the annual TAC. Incidental catch taken after June 10 will continue to accrue against the B season TAC. This action meets the intent of the Steller Sea Lion Protection Measures by achieving temporal dispersion of the Pacific cod removals and by reducing the likelihood of harvest exceeding 60 percent of the annual TAC in the A season (January 1 through June 10). The seasonal apportionments of the annual Pacific cod TAC are discussed in greater detail below.

The FMP specifies that the amount for the ``other species'' category be set at an amount less than or equal to 5 percent of the combined TAC amounts for target species. The final 2007 and 2008 annual GOAwide TACs of 4,500 mt are less than 5 percent of the combined TAC amounts for target species. The sums of the TACs for all GOA groundfish is 269,912 mt for 2007 and 286,173 mt for 2008, which are within the OY range specified by the FMP. The sums of the 2007 and 2008 TACs are lower than the 2006 TAC sum of 291,950 mt.

Central Gulf of Alaska Rockfish Pilot Program

Congress granted NMFS specific statutory authority to manage Central GOA rockfish fisheries in Section 802 of the Consolidated Appropriations Act of 2004 (Public Law 108199). The Council adopted a proposed Central Gulf of Alaska Rockfish Pilot Program (Rockfish Program) to meet the requirements of Section 802 on June 6, 2005. The elements of the Rockfish Program are discussed in detail in the proposed rule to Amendment 68 to the FMP (71 FR 33040, June 7, 2006) and in the final rule to implement the Rockfish Program (71 FR 67210, November 20, 2006). The final rule became effective December 20, 2006. The Rockfish Program is authorized for five years, from January 1, 2007, until December 31, 2011. A brief overview of major provisions of the Rockfish Program which have implications for the 2007 and 2008 harvest specifications follows.

The Rockfish Program allocates exclusive harvesting and processing privileges for primary rockfish species and for associated species harvested incidentally to those rockfish in the Central GOA, an area from 147[deg] W. longitude to 159[deg] W. longitude. The primary rockfish species are northern rockfish, Pacific ocean perch, and pelagic shelf rockfish. Secondary species are those species incidentally harvested during the harvest of the primary rockfish species fisheries and include Pacific cod, rougheye rockfish, shortraker rockfish, sablefish, and thornyhead rockfish. The Rockfish Program also allocates a portion of the total GOA halibut mortality limit annually specified under Sec. 679.21 to participants based on historic halibut mortality rates in the primary rockfish species fisheries. The amounts of primary rockfish species, secondary species, and halibut mortality to be allocated to the Rockfish Program will not be known until eligible participants apply for participation in the Program. These amounts will be posted on the Alaska Region website at http://www.fakr.noaa.gov when they become available early in 2007.

The Rockfish Program also establishes catch limits, commonly called ``sideboards,'' to limit the ability of participants eligible for the Rockfish Program to harvest fish in fisheries other than the Central GOA rockfish fisheries. Sideboards limit the total amount of catch in other groundfish fisheries that can be taken by eligible harvesters to historic levels, including harvests made in the State's parallel groundfish fisheries. Parallel fisheries are authorized by the State in its waters concurrent with the Federal fishery. Parallel fisheries catch is deducted from the Federal TACs. Sideboards limit catch in specific rockfish fisheries and the amount of halibut bycatch that can be used in certain flatfish fisheries. Tables 18 and 19 list the 2007 and 2008 final groundfish sideboard limitations.
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Table 20 lists the 2007 and 2008 final halibut mortality limitations. Changes From the Proposed 2007 and 2008 Harvest Specifications in the GOA

In October 2006, the Council's recommendations for the proposed 2007 and 2008 harvest specifications (71 FR 75437, December 15, 2006) were based largely upon information contained in the final 2005 SAFE report for the GOA groundfish fisheries, dated November 2005. The Council recommended that OFLs and ABCs for stocks in tiers 1 through 3 be based on biomass projections as set forth in the 2005 SAFE report and estimates of groundfish harvests through the 2006 and 2007 fishing years. For stocks in tiers 4 through 6, for which biomass projections could not be made, the Council recommended the same OFL and ABC levels for 2006 until the final 2006 SAFE report could be completed.

The 2006 SAFE report, dated November 2006, which was not available when the Council made its recommendations in October 2006, contains the best and most recent scientific information on the condition of the groundfish stocks. This report was considered in December 2006 by the Council when it made recommendations for the final 2007 and 2008 harvest specifications. Based on the final 2006 SAFE report, the sum of the 2007 final TACs for the GOA (269,912 mt) is 5,544 mt greater than the sum of the proposed TACs (264,367 mt). The largest 2007 increases occurred for Pacific cod, from 44,705 mt to 52,264 mt (17 percent increase); rex sole, from 8,700 mt to 9,100 mt (5 percent increase); sablefish, from 13,700 mt to 14,310 mt (4 percent increase); and for pelagic shelf rockfish, from 5,461 mt to 5,542 mt (1 percent increase). The largest decreases occurred for pollock, from 70,507 mt to 68,307 mt (3 percent decrease); and for northern rockfish, from 5,900 mt to 4,938 mt (16 percent decrease). Other increases or decreases in 2007 and 2008 are within these ranges.

Compared to the proposed 2007 and 2008 harvest specifications, the Council's final 2007 and 2008 TAC recommendations increase fishing opportunities for species for which the Council had sufficient information to raise TAC levels. These include, Pacific cod, rex sole, sablefish, and pelagic shelf rockfish. Conversely, the Council reduced TAC levels to provide greater protection for several species including pollock, deep water flatfish, Pacific ocean perch, and northern rockfish. The changes recommended by the Council for the 2007 and 2008 fishing years were based on the best scientific information available, consistent with National Standard 2 of the MSA, and within a reasonable range of variation from the proposed TAC recommendations so that the affected public was fairly apprized and could have made meaningful comments based on the proposed specifications. Tables 1 and 2 list the 2007 and 2008 final OFL, ABC, and TAC amounts of the GOA groundfish. Table 1 Final 2007 ABCs, TACs, and OFLs of Groundfish for the Western/Central/West Yakutat (W/C/WYK), Western (W), Central (C), Eastern (E) Regulatory Areas, and in the West Yakutat (WYK), Southeast Outside (SEO), and Gulfwide (GW) Districts of the Gulf of Alaska (values are rounded to the nearest metric ton) Species Area\1\ ABC TAC OFL Pollock\2\ .................. .................. ................. ................. Shumagin (610) 25,012 25,012 n/a Chirikof (620) 20,890 20,980 n/a Kodiak (630) 14,850 14,850 n/a WYK (640) 1,398 1,398 n/a Subtotal W/C/WYK 62,150 62,150 87,220 SEO (650) 6,157 6,157 8,209 Total .................. 68,307 68,307 95,429 Pacific cod\3\ W 26,855 20,141 n/a C 37,873 28,405 n/a E 4,131 3,718 n/a Total .................. 68,859 52,264 97,600 Flatfish\4\ (deepwater) W 420 420 n/a C 4,163 4,163 n/a WYK 2,677 2,677 n/a SEO 1,447 1,447 n/a Total .................. 8,707 8,707 10,431 Rex sole W 1,147 1,147 n/a C 5,446 5,446 n/a [[Page 9680]]
WYK 1,037 1,037 n/a SEO 1,470 1,470 n/a Total .................. 9,100 9,100 11,900 Flathead sole W 10,908 2,000 n/a C 26,054 5,000 n/a WYK 2,091 2,091 n/a SEO 57 57 n/a Total .................. 39,110 9,148 48,658 Flatfish\5\(shallowwater) W 24,720 4,500 n/a C 24,258 13,000 n/a WYK 628 628 n/a SEO 1,844 1,844 n/a Total .................. 51,450 19,972 62,418 Arrowtooth flounder W 20,852 8,000 n/a C 139,582 30,000 n/a WYK 16,507 2,500 n/a SEO 7,067 2,500 n/a Total .................. 184,008 43,000 214,828 Sablefish\6\ W 2,470 2,470 n/a C 6,190 6,190 n/a WYK 2,280 2,280 n/a SEO 3,370 3,370 n/a Subtotal E(WYK and SEO) 5,650 5,650 n/a Total .................. 14,310 14,310 16,906 Pacific ocean perch\7\ W 4,244 4,244 4,976 C 7,612 7,612 8,922 WYK 1,140 1,140 n/a SEO 1,640 1,640 n/a Subtotal E(WYK and SEO) 2,780 2,780 3,260 Total .................. 14,636 14,635 17,158 Shortraker rockfish\8\ W 153 153 n/a C 353 353 n/a E 337 337 n/a Total .................. 843 843 1,124 [[Page 9681]]
Rougheye rockfish\9\ W 136 136 n/a C 611 611 n/a E 241 241 n/a Total .................. 988 988 1,148 Other rockfish\10,11\ W 577 577 n/a C 386 386 n/a WYK 319 319 n/a SEO 2,872 200 n/a Total .................. 4,154 1,482 5,394 Northern rockfish\11,12\ W 1,439 1,439 n/a C 3,499 3,499 n/a E 0 0 n/a Total .................. 4,938 4,938 5,890 Pelagic shelf rockfish\13\ W 1,466 1,466 n/a C 3,325 3,325 n/a WYK 307 307 n/a SEO 444 444 n/a Total .................. 5,542 5,542 6,458 Thornyhead rockfish W 513 513 n/a C 989 989 n/a E 707 707 n/a Total .................. 2,209 2,209 2,945 Big skates\14\ W 695 695 n/a C 2,250 2,250 n/a E 599 599 n/a .................. 3,544 3,544 4,726 Longnose skates\15\ W 65 65 n/a C 1,969 1,969 n/a E 861 861 n/a .................. 2,895 2,895 3,860 Other skates\16\ GW 1,617 1,617 2,156 Demersal shelf rockfish\17\ SEO 410 410 650 Atka mackerel GW 4,700 1,500 6,200 Other species\18\ GW n/a 4,500 n/a [[Page 9682]]
TOTAL\19\ .................. 490,327 269,912 615,879 \1\. Regulatory areas and districts are defined at Sec. 679.2. \2\. Pollock is apportioned in the Western/Central Regulatory Areas among three statistical areas. During the A season, the apportionment is based on an adjusted estimate of the relative distribution of pollock biomass of approximately 30 percent, 48 percent, and 22 percent in Statistical Areas 610, 620, and 630, respectively. During the B season, the apportionment is based on the relative distribution of pollock biomass at 30 percent, 59 percent, and 11 percent in Statistical Areas 610, 620, and 630, respectively. During the C and D seasons, the apportionment is based on the relative distribution of pollock biomass at 53 percent, 15 percent, and 32 percent in Statistical Areas 610, 620, and 630, respectively. Tables 5 and 6 list the seasonal apportionments. In the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
\3\. The annual Pacific cod TAC is apportioned 60% to an A season and 40% to a B season in the Western and Central Regulatory Areas of the GOA. Pacific cod is allocated 90% for processing by the inshore component and 10% for processing by the offshore component. Tables 7 and 8 list the 2007 and 2008 proposed seasonal apportionments and component allocations of TAC.
\4\. ''Deepwater flatfish'' means Dover sole, Greenland turbot, and deepsea sole. \5\. ''Shallowwater flatfish'' means flatfish not including ''deepwater flatfish,'' flatheador arrowtooth flounder.
\6\. Sablefish is allocated to trawl and hookandline gears for 2007 and to trawl gear in 2008. Tables 3 and 4 list these amounts.
\7\. ''Pacific ocean perch'' means Sebastes alutus.
\8\. ''Shortraker rockfish'' means Sebastes borealis.
\9\. ''Rougheye rockfish'' means Sebastes aleutianus.
\10\. ''Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope rockfish and demersal shelf rockfish. The category ''other rockfish'' in the SEO District means slope rockfish.
\11\. ''Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), and S. reedi (yellowmouth). In the Eastern GOA only, slope rockfish also includes northern rockfish, S. polyspinous.
\12\. ''Northern rockfish'' means Sebastes polyspinis.
\13\. ''Pelagic shelf rockfish'' means Sebastes ciliatus (dark), S. variabilis (dusky), S. entomelas (widow), and S. flavidus (yellowtail).
\14\. Big skate means Raja binoculata.
\15\. Longnose skate means Raja rhina.
\16\. Other skates means Bathyraja spp.
\17\. ''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). \18\. ''Other species'' means sculpins, sharks, squid, and octopus. There is no OFL or ABC for ''other species.'' The FMP specifies that the amount for the ''other species'' category be set at an amount less than or equal to 5% of the combined TAC amounts for target species. \19\. The total ABC and OFL is the sum of the ABCs and OFLs for assessed target species. Table 2 Final 2008 ABCs, TACs, and OFLs of Groundfish for the Western/Central/West Yakutat (W/C/WYK), Western (W), Central (C), Eastern (E) Regulatory Areas, and in the West Yakutat (WYK), Southeast Outside (SEO), and Gulfwide (GW) Districts of the Gulf of Alaska (values are rounded to the nearest metric ton) (values are rounded to the nearest metric ton) Species Area\1\ ABC TAC OFL Pollock\2\ .................. .................. ................. ................. Shumagin (610) 30,308 30,308 n/a Chirikof (620) 25,313 25,313 n/a Kodiak (630) 17,995 17,995 n/a WYK (640) 1,694 1,694 n/a Subtotal W/C/WYK 75,310 75,310 105,490 SEO (650) 6,157 6,157 8,209 Total .................. 81,467 81,467 113,699 Pacific cod\3\ W 27,846 20,885 n/a C 39,270 29,453 n/a E 4,284 3,856 n/a Total .................. 71,400 54,194 86,000 Flatfish\4\ (deepwater) W 430 430 n/a C 4,296 4,296 n/a [[Page 9683]]
WYK 2,763 2,763 n/a SEO 1,494 1,494 n/a Total .................. 8,983 8,983 11,412 Rex sole W 1,122 1,122 n/a C 5,327 5,327 n/a WYK 1,014 1,014 n/a SEO 1,437 1,437 n/a Total .................. 8,900 8,900 11,600 Flathead sole W 11,464 2,000 n/a C 27,382 5,000 n/a WYK 2,198 2,198 n/a SEO 60 60 n/a Total .................. 41,104 9,258 51,146 Flatfish\5\(shallowwater) W 24,720 4,500 n/a C 24,258 13,000 n/a WYK 628 628 n/a SEO 1,844 1,844 n/a Total .................. 51,450 19,972 62,418 Arrowtooth flounder W 21,164 8,000 n/a C 141,673 30,000 n/a WYK 16,754 2,500 n/a SEO 7,172 2,500 n/a Total .................. 186,763 43,000 218,020 Sablefish\6\ W 2,458 2,458 n/a C 6,159 6,159 n/a WYK 2,269 2,269 n/a SEO 3,353 3,353 n/a Subtotal E(WYK and SEO) 5,622 5,622 n/a Total .................. 14,239 14,239 15,803 Pacific ocean perch\7\ W 4,291 4,291 5,030 C 7,694 7,694 9,019 WYK 1,153 1,153 n/a SEO 1,659 1,659 n/a Subtotal E(WYK and SEO) 2,812 2,812 3,296 [[Page 9684]]
Total .................. 14,797 14,797 17,345 Shortraker rockfish\8\ W 153 153 n/a C 353 353 n/a E 337 337 n/a Total .................. 843 843 1,124 Rougheye rockfish\9\ W 137 137 n/a C 614 614 n/a E 242 242 n/a Total .................. 993 993 1,197 Other rockfish\10,11\ W 577 577 n/a C 386 386 n/a WYK 319 319 n/a SEO 2,872 200 n/a Total .................. 4,154 1,482 5,394 Northern rockfish\11,12\ W 1,383 1,383 n/a C 3,365 3,365 n/a E 0 0 n/a Total .................. 4,748 4,748 5,660 Pelagic shelf rockfish\13\ W 1,752 1,752 n/a C 3,973 3,973 n/a WYK 366 366 n/a SEO 531 531 n/a Total .................. 6,622 6,622 8,186 Thornyhead rockfish W 513 513 n/a C 989 989 n/a E 707 707 n/a Total .................. 2,209 2,209 2,945 Big skates\14\ W 695 695 n/a C 2,250 2,250 n/a E 599 599 n/a Total .................. 3,544 3,544 4,726 Longnose skates\15\ W 65 65 n/a C 1,969 1,969 n/a E 861 861 n/a [[Page 9685]]
Total .................. 2,895 2,895 3,860 Other skates\16\ GW 1,617 1,617 2,156 Demersal shelf rockfish\17\ SEO 410 410 650 Atka mackerel GW 4,700 1,500 6,200 Other species\18\ GW n/a 4,500 n/a TOTAL\19\ .................. 511,838 286,173 629,541 \1\. Regulatory areas and districts are defined at Sec. 679.2. \2\. Pollock is apportioned in the Western/Central Regulatory Areas among three statistical areas. During the A season, the apportionment is based on an adjusted estimate of the relative distribution of pollock biomass of approximately 30 percent, 48 percent, and 22 percent in Statistical Areas 610, 620, and 630, respectively. During the B season, the apportionment is based on the relative distribution of pollock biomass at 30 percent, 59 percent, and 11 percent in Statistical Areas 610, 620, and 630, respectively. During the C and D seasons, the apportionment is based on the relative distribution of pollock biomass at 53 percent, 15 percent, and 32 percent in Statistical Areas 610, 620, and 630, respectively. Tables 5 and 6 list the seasonal apportionments. In the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
\3\. The annual Pacific cod TAC is apportioned 60% to an A season and 40% to a B season in the Western and Central Regulatory Areas of the GOA. Pacific cod is allocated 90% for processing by the inshore component and 10% for processing by the offshore component. Tables 7 and 8 list the 2007 and 2008 proposed seasonal apportionments and component allocations of TAC.
\4\. ''Deepwater flatfish'' means Dover sole, Greenland turbot, and deepsea sole. \5\. ''Shallowwater flatfish'' means flatfish not including ''deepwater flatfish,'' flatheador arrowtooth flounder.
\6\. Sablefish is allocated to trawl and hookandline gears for 2007 and to trawl gear in 2008. Tables 3 and 4 list these amounts.
\7\. ''Pacific ocean perch'' means Sebastes alutus.
\8\. ''Shortraker rockfish'' means Sebastes borealis.
\9\. ''Rougheye rockfish'' means Sebastes aleutianus.
\10\. ''Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope rockfish and demersal shelf rockfish. The category ''other rockfish'' in the SEO District means slope rockfish.
\11\. ''Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), and S. reedi (yellowmouth). In the Eastern GOA only, slope rockfish also includes northern rockfish, S. polyspinous.
\12\. ''Northern rockfish'' means Sebastes polyspinis.
\13\. ''Pelagic shelf rockfish'' means Sebastes ciliatus (dark), S. variabilis (dusky), S. entomelas (widow), and S. flavidus (yellowtail).
\14\. Big skate means Raja binoculata.
\15\. Longnose skate means Raja rhina.
\16\. Other skates means Bathyraja spp.
\17\. ''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). \18\. ''Other species'' means sculpins, sharks, squid, and octopus. There is no OFL or ABC for ''other species.'' The FMP specifies that the amount for the ''other species'' category be set at an amount less than or equal to 5% of the combined TAC amounts for target species. \19\. The total ABC and OFL is the sum of the ABCs and OFLs for assessed target species. Apportionment of Reserves

Section 679.20(b)(2) requires 20 percent of each TAC for pollock, Pacific cod, flatfish, and the ``other species'' category be set aside in reserves for possible apportionment at a later date. In 2006, NMFS reapportioned all of the reserves in the final harvest specifications. For 2007 and 2008, NMFS proposed reapportionment of all the reserves in the proposed 2007 and 2008 harvest specifications published in the Federal Register on December 15, 2006 (71 FR 75437). NMFS received no public comments on the proposed reapportionments. For the final 2007 and 2008 harvest specifications, NMFS apportioned as proposed all of the reserves for pollock, Pacific cod, flatfish, and ``other species.'' Specifications of TAC shown in Tables 1 and 2 reflect apportionment of reserve amounts for these species and species groups.
Allocations of the Sablefish TAC Amounts to Vessels Using HookandLine and Trawl Gear

Sections 679.20(a)(4)(i) and (ii) require allocations of sablefish TACs for each of the regulatory areas and districts to hookandline and trawl gear. In the Western and Central Regulatory Areas, 80 percent of each TAC is allocated to hookandline 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 hookandline 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 in directed fisheries for other target species (Sec. 679.20(a)(1)). In recognition of the trawl ban in the SEO District of the Eastern Regulatory Area, the Council recommended and NMFS concurs with the allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC to trawl gear in the WYK District and the remainder to vessels using hookandline gear. As a result, NMFS allocates 100 percent of the sablefish TAC in the SEO District to vessels using hook andline gear. The Council recommended that hookandline sablefish TAC be established annually to ensure that the Individual Fishery Quota (IFQ) fishery is conducted concurrent with the halibut IFQ fishery and is based on the most
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recent survey information. This recommendation results in an allocation of 283 mt to trawl gear and 1,997 mt to hookandline gear in the WYK District and 3,370 mt to hookandline gear in the SEO District in 2007, and 281 mt to trawl gear in the WYK District in 2008. Table 3 lists the allocations of the 2007 sablefish TACs between hookandline and trawl gear. Table 4 lists the allocations of the 2008 sablefish TACs to trawl gear.
Table 3 Final 2007 Sablefish TAC Specifications in the Gulf of Alaska and Allocations to HookandLine and Trawl Gear
(values are rounded to the nearest metric ton) Hookandline Trawl Area/district TAC allocation allocation Western 2,470 1,976 494 Central 6,190 4,952 1,238 West Yakutat 2,280 1,997 283 Southeast Outside 3,370 3,370 0 Total 14,310 12,295 2,015 Table 4 Final 2008 Sablefish TAC Specifications in the Gulf of Alaska and Allocation to Trawl Gear
(values are rounded to the nearest metric ton) Hookandline Trawl Area/district TAC allocation allocation Western 2,458 n/a 492 Central 6,159 n/a 1,232 West Yakutat 2,269 n/a 281 Southeast Outside 3,353 n/a 0 Total 14,239 n/a 2,005 \1\ The Council recommended that specifications for the hookandline gear sablefish IFQ fisheries be limited to 1 year.
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 to March 10, March 10 to May 31, August 25 to October 1, and October 1 to November 1, respectively.

Pollock TACs in the Western and Central Regulatory Areas of the GOA are apportioned among Statistical Areas 610, 620, and 630. In the A and B seasons, the apportionments are in proportion to the distribution of pollock biomass based on the four most recent NMFS winter surveys. In the C and D seasons, the apportionments are in proportion to the distribution of pollock biomass based on the four most recent NMFS summer surveys. For 2007 and 2008, the Council recommends averaging the winter and summer distribution of pollock in the Central Regulatory Area for the A season. The average is intended to reflect the distribution of pollock and the performance of the fishery in the area during the A season for the 2007 and 2008 fishing years. Within any fishing year, the underage or overage of a seasonal allowance may be added to, or subtracted from, subsequent seasonal allowances in a manner to be determined by the Regional Administrator. The rollover amount of unharvested pollock is limited to 20 percent of the seasonal apportionment for the statistical area. Any unharvested pollock above the 20 percent limit could be further distributed to the other statistical areas, in proportion to the estimated biomass in the subsequent season in those statistical areas (Sec.
679.20(a)(5)(iv)(B)). The WYK and SEO District pollock TACs of 1,398 mt and 6,157 mt in 2007 and 1,694 mt and 6,157 mt in 2008, respectively, are not allocated by season.

Section 679.20(a)(6)(i) requires the allocation of 100 percent of the pollock TAC in all regulatory areas and all seasonal allowances to vessels catching pollock for processing by the inshore component after subtracting amounts projected by the Regional Administrator to be caught by, or delivered to, the offshore component incidental to directed fishing for other groundfish species. The amount of pollock available for harvest by vessels harvesting pollock for processing by the offshore component is that amount actually taken as incidental catch during directed fishing for groundfish species other than pollock, up to the maximum retainable amounts allowed by Sec. 679.20(e) and (f). At this time, these incidental catch amounts are unknown and will be determined during the fishing year.

The 2007 and 2008 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal apportionments for the A, B, C, and D seasons are summarized in Tables 5 and 6, except that amounts of pollock for processing by the inshore and offshore components are not shown.
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Table 5 Final 2007 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 (values are rounded to the nearest metric ton) Area Apportionments Resulting From Seasonal Distribution of Biomass Shumagin (Area Chirikof (Area Season 610) 620) Kodiak (Area 630) Total A 4,511 (29.70%) 7,357 (48.44%) 3,320 (21.86%) 15,188 (100%) B 4,511 (29.70%) 8,924 (58.76%) 1,753 (11.54%) 15,188 (100%) C 7,995 (52.64%) 2,304 (15.17%) 4,889 (32.19%) 15,188 (100%) D 7,995 (52.64%) 2,304 (15.17%) 4,889 (32.19%) 15,188 (100%) Annual Total 25,012 20,890 14,850 60,752 Table 6 Final 2008 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 (values are rounded to the nearest metric ton) Area Apportionments Resulting From Seasonal Distribution of Biomass Shumagin (Area Chirikof (Area Season 610) 620) Kodiak (Area 630) Total A 5,466 (29.70%) 8,915 (48.44%) 4,023 (21.86%) 18,404 (100%) B 5,466 (29.70%) 10,814 (58.76%) 2,124 (11.54%) 18,404 (100%) C 9,688 (52.64%) 2,792 (15.17%) 5,924 (32.19%) 18,404 (100%) D 9,688 (52.64%) 2,792 (15.17%) 5,924 (32.19%) 18,404 (100%) Annual Total 30,308 25,313 17,995 73,616 Seasonal Apportionments of Pacific Cod TAC and Allocations for Processing of Pacific Cod TAC Between Inshore and Offshore Components

Pacific cod fishing is divided into two seasons in the Western and Central Regulatory Areas of the GOA. For hookandline, pot, and jig gear, the A season is January 1 through June 10, and the B season is September 1 through December 31. For trawl gear, the A season is January 20 through June 10, and the B season is September 1 through November 1 (Sec. 679.23(d)(3)). After subtracting incidental catch from the A season, 60 percent of the annual TAC will be available as a DFA during the A season for the inshore and offshore components. The remaining 40 percent of the annual TAC will be available for harvest during the B season. The seasonal allocations will be apportioned between the inshore and offshore components, as provided in Sec. 679.20(a)(6)(ii). Under Sec. 679.20(a)(11)(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.

Section 679.20(a)(6)(ii) requires allocation of the TAC apportionments of Pacific cod in all regulatory areas to vessels catching Pacific cod for processing by the inshore and offshore components. Ninety percent of the Pacific cod TAC in each regulatory area is allocated to vessels catching Pacific cod for processing by the inshore component. The remaining 10 percent of the TAC is allocated to vessels catching Pacific cod for processing by the offshore component. Tables 7 and 8 list the seasonal apportionments and allocations of the 2007 and 2008 Pacific cod TACs.
Table 7 Final 2007 Seasonal Apportionments and Allocation of Pacific Cod TAC Amounts in the Gulf of Alaska; Allocations for Processing by the Inshore and Offshore Components (values are rounded to the nearest metric ton) Component allocation Season Regulatory area TAC Inshore (90%) Offshore (10%) Western 20,141 18,127 2,014 A season (60%) ................. 12,085 10,876 1,208 B season (40%) ................. 8,056 7,251 806 Central 28,405 25,565 2,840 A season (60%) ................. 17,043 15,339 1,704 B season (40%) ................. 11,362 10,226 1,136 Eastern 3,718 3,346 372 Total 52,264 47,038 5,226 [[Page 9688]]
Table 8 Final 2008 Seasonal Apportionments and Allocation of Pacific Cod TAC Amounts in the Gulf of Alaska; Allocations for Processing by the Inshore and Offshore Components (values are rounded to the nearest metric ton) Component allocation Season Regulatory area TAC Inshore (90%) Offshore (10%) Western 20,885 18,796 2,089 A season (60%) .................. 12,531 11,278 1,253 B season (40%) .................. 8,354 7,519 835 Central 29,453 26,508 2,945 A season (60%) .................. 17,672 15,905 1,767 B season (40%) .................. 11,781 10,603 1,178 Eastern 3,856 3,470 386 Total 54,194 48,775 5,419 Demersal Shelf Rockfish (DSR)

In a commercial fisheries news release dated December 18, 2006, the Alaska Department of Fish and Game (ADF&G) announced the closure of directed fishing for DSR in the SEO District in 2007. The ADF&G estimates that the incidental catch mortality in the commercial halibut fishery will require the entire commercial TAC; therefore, a directed fishery in the SEO District cannot be prosecuted (5 AAC 28.160). NMFS reminds all fishermen that full retention of all DSR by federally permitted catcher vessels using hookandline or jig gear fishing for groundfish and Pacific halibut in the SEO District of the GOA is required (Sec. 679.20(j)).

Apportionments to the Central GOA Rockfish Pilot Program

Section 679.81(a)(2) requires the allocation of the primary rockfish species after deducting incidental catch needs in other directed groundfish fisheries in the Central Regulatory Area. Five percent (2.5 percent to trawl gear and 2.5 percent to fixed gear) of the final TACs for Pacific ocean perch, northern rockfish, and pelagic shelf rockfish in the Central Regulatory Area are allocated to the entry level rockfish fishery and the remaining 95 percent to those vessels eligible to participate in the Rockfish Program as described in the proposed and final rules for the Rockfish Program (71 FR 33040, June 7, 2006, and 71 FR 67210, November 20, 2006, respectively). NMFS is setting aside in 2007 and 2008 incidental catch amounts of 330 mt of Pacific ocean perch, 120 mt of northern rockfish, and 100 mt of pelagic shelf rockfish for other directed fisheries in the Central Regulatory Area. These amounts are based on the 2003 through 2006 average incidental catch in the Central Regulatory Area by these other groundfish fisheries.

Halibut PSC Limits

Section 679.21(d) establishes the annual halibut PSC limit apportionments to trawl, hookandline and pot gear. In December 2006, the Council recommended that NMFS maintain the 2006 halibut PSC limits of 2,000 mt for the trawl fisheries and 300 mt for the hookandline fisheries. Ten mt of the hookandline limit is further allocated to the DSR fishery in the SEO District. The DSR fishery is defined at Sec. 679.21(d)(4)(iii)(A). This fishery has been apportioned 10 mt in recognition of its small scale harvests. Most vessels in the DSR fishery are less than 60 ft (18.3 m) length overall (LOA) and are exempt from observer coverage. Therefore, observer data are not available to verify actual bycatch amounts. NMFS assumes the halibut bycatch in the DSR fishery is low because of the short soak times for the gear and duration of the DSR fishery. Also, the DSR fishery occurs in the winter when less overlap occurs in the distribution of DSR and halibut.

Section 679.21(d)(4)(i) authorizes the exemption of specified non trawl fisheries from the halibut PSC limit. NMFS, after consultation with the Council, exempts pot gear, jig gear, and the sablefish IFQ hookandline gear fishery from the nontrawl halibut limit for 2007 and 2008. The Council recommended these exemptions because (1) the pot gear fisheries have low annual halibut bycatch mortality (averaging 18 mt annually from 2001 through 2006 and 21 mt in 2006 alone); (2) the halibut and sablefish IFQ fisheries have low halibut bycatch mortality because the IFQ program requires retention of legalsized halibut by vessels using hookandline gear if a halibut IFQ permit holder is aboard and is holding unused halibut IFQ; and (3) halibut mortality for the jig gear fisheries is assumed to be negligible. Halibut mortality is assumed to be negligible in the jig gear fisheries given the small amount of groundfish harvested by jig gear (averaging 323 mt annually from 2001 through 2006 and 128 mt in 2006 alone), the selective nature of jig gear, and the likelihood that halibut caught with jig gear have high survival rates when released.

Section 679.21(d)(5) provides NMFS authority to seasonally apportion the halibut PSC limits after consultation with the Council. The FMP and regulations require 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.

The final 2006 and 2007 groundfish harvest specifications (71 FR 10870, March 3, 2006) summarized the Council and NMFS' findings with respect to each of these FMP considerations. The Council and NMFS' findings for 2007 and 2008 are unchanged from 2006. The opening dates and halibut PSC limitations for vessels using trawl gear participating in the Rockfish Program in the Central Regulatory Area are described in the final rule to implement the Rockfish Program (71 FR 67210, November 20, 2006).

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NMFS concurs with the Council's recommendations described here and listed in Table 9. Section 679.21, paragraphs (d)(5)(iii) and (iv) specify that any underages or overages in a seasonal apportionment of a PSC limit will be deducted from or added to the next respective seasonal apportionment within the 2007 and 2008 fishing years. The information to establish the halibut PSC limits was obtained from the 2006 SAFE report, NMFS, ADF&G, the International Pacific Halibut Commission (IPHC), and public testimony.
Table 9 Final 2007 and 2008 Pacific Halibut PSC Limits, Allowances, and Apportionments (values are in metric tons) Trawl gear Hookandline gear\1\ Other than DSR DSR Dates Amount
Dates Amount Dates Amount January 20April 1 550 January 1June 10 250 January 1 10 (100%) (27.5%) (86%) December 31 April 1July 1 400 June 10September 1 5 (2%) ................. ........... (20%)
July 1September 1 600 (30%) September 1 35 ................. ........... December 31 (12%) September 1October 1 150 (7.5%) n/a n/a ................. ........... October 1December 31 300 (15%) n/a n/a ................. ........... Total 2,000 n/a 290 ................. 10 (100%) (100%) (100%) \1\ The Pacific halibut PSC limit for hookandline gear is allocated to the demersal shelf rockfish (DSR) fishery andfisheries other than DSR. The hookandline sablefish fishery is exempt from halibut PSC limits.

Section 679.21(d)(3)(ii) authorizes further apportionment of the trawl halibut PSC limit to trawl fishery categories. The annual apportionments are based on each category's proportional share of the anticipated halibut bycatch mortality during the fishing year and optimization of the total amount of groundfish harvest under the halibut PSC limit. The fishery categories for the trawl halibut PSC limits are (1) a deepwater species complex, comprised of sablefish, rockfish, deepwater flatfish, rex sole and arrowtooth flounder; and (2) a shallowwater species complex, comprised of pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka mackerel, skates, and ``other species'' (Sec. 679.21(d)(3)(iii)). Table 10 lists the final 2006 and 2007 apportionments for these two fishery complexes. Table 10 Final 2006 and 2007 Apportionment of Pacific Halibut PSC Trawl Limits Between the Trawl Gear DeepWater Species Complex and the ShallowWater Species Complex
(values are in metric tons)
Shallow
Season water Deepwater Total January 20April 1 450 100 550 April 1July1 100 300 400 July 1September1 200 400 600 September

FOR FURTHER INFORMATION CONTACT Tom Pearson, Sustainable Fisheries Division, Alaska Region, 9074811780, or email at
tom.pearson@noaa.gov.