Vol. 79 Tuesday, No. 126 July 1, 2014

Part V

Department of Commerce

National Oceanic and Atmospheric Administration 50 CFR Part 679 Fisheries of the Exclusive Economic Zone Off ; Steller Sea Lion Protection Measures for the and Groundfish Fisheries Off Alaska; Proposed Rules

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DEPARTMENT OF COMMERCE Instructions: Comments sent by any [email protected] or fax to 202– other method, to any other address or 395–5806. National Oceanic and Atmospheric individual, or received after the end of FOR FURTHER INFORMATION CONTACT: Administration the comment period, may not be Gretchen Harrington, 907–586–7228. considered by NMFS. All comments SUPPLEMENTARY INFORMATION: NMFS 50 CFR Part 679 received are a part of the public record manages groundfish fisheries in the and will generally be posted for public [Docket No. 140304195–4195–01] exclusive economic zone (EEZ) off viewing on www.regulations.gov Alaska under the Fishery Management RIN 0648–BE06 without change. All personal identifying Plan for Groundfish of the Bering Sea information (e.g., name, address), and Aleutian Islands Management Area Fisheries of the Exclusive Economic confidential business information, or (FMP). The North Pacific Fishery Zone Off Alaska; Steller Sea Lion otherwise sensitive information Management Council (Council) Protection Measures for the Bering submitted voluntarily by the sender will prepared the FMP under the authority of Sea and Aleutian Islands Groundfish be publicly accessible. NMFS will the Magnuson-Stevens Fishery Fisheries Off Alaska accept anonymous comments (enter Conservation and Management Act ‘‘N/A’’ in the required fields if you wish (Magnuson-Stevens Act), 16 U.S.C. AGENCY: National Marine Fisheries to remain anonymous). Attachments to Service (NMFS), National Oceanic and 1801, et seq. Regulations governing U.S. electronic comments will be accepted in fisheries and implementing the FMP Atmospheric Administration (NOAA), Microsoft Word, Excel, or Adobe PDF Commerce. appear at 50 CFR parts 600 and 679. file formats only. NMFS has management responsibility ACTION: Proposed rule; request for Electronic copies of: for certain threatened and endangered comments. • The Steller Sea Lion Protection species, including Steller sea lions, Measures for Groundfish Fisheries in SUMMARY: NMFS proposes to implement under the Endangered Species Act the Bering Sea and Aleutian Islands Steller sea lion protection measures to (ESA) of 1973, 16 U.S.C. 1531, et seq. Management Area Environmental insure that groundfish fisheries in the NMFS has the authority to promulgate Impact Statement (EIS) and the Bering Sea and Aleutian Islands regulations to enforce provisions of the Regulatory Impact Review/Initial Management Area (BSAI) off Alaska are ESA to protect such species. As the Regulatory Flexibility Analysis (RIR/ not likely to jeopardize the continued action agency, NMFS is responsible for IRFA) prepared for this action are existence of the western distinct conducting a section 7 consultation to available from http:// population segment (WDPS) of Steller insure that the Federal action of www.regulations.gov or from the NMFS sea lions or destroy or adversely modify authorizing the Alaska groundfish Alaska Region Web site at http://alaska its designated critical habitat. These fisheries is not likely to jeopardize the fisheries.noaa.gov/sustainablefisheries/ management measures would disperse continued existence of an ESA-listed sslpm/eis/default.htm. fishing effort temporally and spatially to species or result in the destruction or • The 2001 Biological Opinion for the provide protection from potential adverse modification of its designated Authorization of the Bering Sea and competition for important Steller sea critical habitat. Under the provisions of Aleutian Islands and Gulf of Alaska lion prey species in the BSAI. The section 7 of the ESA, NMFS Alaska groundfish fisheries (2001 BiOp), the intent of this proposed action is to Region Sustainable Fisheries Division 2010 Biological Opinion on the protect the endangered WDPS of Steller (SFD) is the action agency and consults Authorization of Groundfish Fisheries sea lions, as required by the Endangered with the NMFS Alaska Region Protected under the Fishery Management Plans Species Act, and to minimize, to the Resources Division (PRD) on the (FMP BiOp), and the 2014 Biological extent practicable, the economic impact impacts of groundfish fisheries for most Opinion for the Authorization of Alaska of fishery management measures, as ESA-listed species of marine mammals, groundfish fisheries under the Proposed required by the Magnuson-Stevens including Steller sea lions. Revised Steller Sea Lion Protection Fishery Conservation and Management NMFS listed the WDPS of Steller sea Measures (2014 BiOp) are available at Act. lions as endangered under the ESA in http://alaskafisheries.noaa.gov/ 1997 (62 FR 24345, May 5, 1997). DATES: Submit comments on or before protectedresources/stellers/ Throughout this preamble, the term August 15, 2014. section7.htm. ‘‘Steller sea lions’’ means the WDPS of ADDRESSES: You may submit comments • The 2008 Revised Steller Sea Lion Steller sea lions unless otherwise on this document, identified by FDMS Recovery Plan is available from the specified. NMFS has designated critical Docket Number NOAA-NMFS-2012- NMFS Alaska Region Web site at http:// habitat for Steller sea lions and 0013, by either of the following alaskafisheries.noaa.gov/ identified haulouts, rookeries, and methods: protectedresources/stellers/ foraging locations throughout Alaska • Electronic Submission: Submit all recovery.htm. waters ranging throughout the Gulf of electronic public comments via the • The Fishery Management Plan for Alaska (GOA), the Bering Sea, and the Federal e-Rulemaking Portal. Go to Groundfish of the Bering Sea and Aleutian Islands (58 FR 45269, August www.regulations.gov/#!docketDetail;D= Aleutian Islands Management Area is 27, 1993). Since publication of critical NOAA-NMFS-2012-0013, click the available from the North Pacific Fishery habitat definitions in 1993 (see 50 CFR ‘‘Comment Now!’’ icon, complete the Management Council Web site at http:// 226.202), NMFS has identified 19 required fields, and enter or attach your www.npfmc.org/wp-content/PDF additional haulouts in the BSAI and the comments. documents/fmp/BSAI/BSAIfmp.pdf. GOA as important areas for Steller sea • Mail: Submit written comments to Written comments regarding the lions needing additional protection from Glenn Merrill, Assistant Regional burden-hour estimates or other aspects the potential effects of groundfish Administrator, Sustainable Fisheries of the collection-of-information fishing. More information and Division, Alaska Region NMFS, Attn: requirements contained in this proposed justification for including these Ellen Sebastian. Mail comments to P.O. action may be submitted to NMFS at the haulouts are contained in the 2001 BiOp Box 21668, Juneau, AK 99802–1668. above address and by email to OIRA_ (see ADDRESSES).

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Since listing Steller sea lions, NMFS General Management of Groundfish fishing in other fisheries that may has implemented a number of Fisheries in the BSAI incidentally take a species or species management measures, commonly The FMP and its implementing group as its OFL is approached. known as Steller sea lion protection regulations at § 679.20(c) require that Regulations at §§ 679.20(d)(1), (d)(2), measures, to protect Steller sea lions the Council recommend and NMFS and (d)(3) describe the range of from the potential effects of groundfish specify an overfishing level (OFL), an management measures that NMFS uses fishing. Steller sea lion protection acceptable biological catch (ABC), and a to maintain total catch at or below the measures disperse catch of groundfish total allowable catch (TAC) for each OFL, ABC, and TAC for a species or prey species in time (temporal stock or stock complex (i.e., each species group. dispersion) and space (spatial species or species group) of groundfish Areas and Vessels Affected by This dispersion) through a variety of harvest on an annual basis. The OFL is the level Proposed Action limitations and closure areas. Many of above which overfishing is occurring for This proposed action would apply to these Steller sea lion protection a species or species group. The ABC is measures apply specifically to Atka the EEZ of the BSAI and the adjacent the level of a species or species group’s State of Alaska (State) waters, as shown mackerel, Pacific cod, and pollock, annual catch that accounts for the in Figure 1 to 50 CFR part 679. The EEZ which are particularly important prey scientific uncertainty in the estimate of includes Federal waters that generally species for Steller sea lions (Chapter 5 OFL and any other scientific occur from 3 nautical miles (nm) to 200 of EIS). uncertainty. The ABC is set below the nm from shore. State waters generally The most recent Steller sea lion OFL. The TAC is the annual catch target occur from shore to 3 nm from shore. protection measures were implemented for a species or species group, derived The specific boundaries between State in 2011 by the 2010 Interim Final Rule from the ABC by considering social and and Federal waters are provided on the (75 FR 77535, December 13, 2010; economic factors and management NMFS Alaska Region Web site at http:// corrected 75 FR 81921, December 29, uncertainty. The TAC must be set lower alaskafisheries.noaa.gov/maps/ 2010). Steller sea lion protection than or equal to the ABC. reporting_areas/index.pdf. This measures implemented in the 2010 The OFLs, ABCs, and TACs for BSAI proposed action applies primarily in the Interim Final Rule limit harvest of Atka groundfish are specified through the Aleutian Islands reporting area, defined mackerel and Pacific cod in the BSAI. annual harvest specification process. at § 679.2 and shown in Figure 1 to 50 This proposed action would revise some The Council’s Scientific and Statistical CFR part 679. The Aleutian Islands of the Steller sea lion protection Committee (SSC) recommends and reporting area consists of the Statistical measures for Atka mackerel, Pacific cod, NMFS establishes the OFL and ABC for Areas 541, 542, and 543 in the EEZ and and pollock in the BSAI, but primarily each species or species group. The adjacent State waters. Area 541 and in the Aleutian Islands. Council recommends and NMFS adjacent State waters correspond to the establishes a TAC for each species or NMFS conducted a consultation as eastern Aleutian Islands; Area 542 and species group after considering public adjacent State waters correspond to the required under section 7 of the ESA to input and other management determine whether this proposed action central Aleutian Islands; and Area 543 considerations. The TAC for some and adjacent State waters correspond to to revise Steller sea lion protection species and species groups in the BSAI measures is likely to jeopardize the the western Aleutian Islands. are subject to further allocation among This proposed action would apply to continued existence of Steller sea lions specific regulatory areas (e.g., separate vessels that catch groundfish that is or destroy or adversely modify their TACs for the Bering Sea and Aleutian required to be deducted from a TAC critical habitat. NMFS issued a Islands), on a seasonal basis, and among under § 679.20 and that are required to biological opinion on April 2, 2014, that vessels using specific fishing gear (e.g., be named on a Federal Fisheries Permit determined this proposed action is not pot or trawl gear), operation type (i.e., issued under § 679.4(b) in the BSAI likely to jeopardize the continued catcher vessels or catcher/processors), reporting area. This proposed rule existence of Steller sea lions or destroy or sectors (e.g., pot catcher/processors). would apply to harvests in State waters or adversely modify their designated A detailed description of the allocation that are managed under the State’s critical habitat (2014 BiOp, see of BSAI groundfish OFLs, ABCs, and parallel groundfish fisheries. Parallel ADDRESSES). Detailed analysis of the TACs by species or species group is groundfish fisheries are fisheries that Aleutian Islands environmental provided in the final 2014 and 2015 occur in State waters where the catch of baseline, Steller sea lions population harvest specifications for the BSAI groundfish is debited from a TAC. trends, foraging behavior, and biology, groundfish fisheries (79 FR 12108, Parallel groundfish fisheries are opened and effects of the groundfish fisheries March 4, 2014). and closed by the State concurrently on Steller sea lions is presented in the To ensure that OFLs, ABCs, and TACs with adjacent Federal fisheries. Parallel 2014 BiOp and the EIS (see ADDRESSES). are not exceeded, NMFS requires that fisheries are managed by the State under Background vessel operators participating in regulations similar to those that apply in groundfish fisheries in the BSAI comply the Federal fisheries. The parallel The following sections of the with a range of monitoring requirements fisheries that would be affected by this preamble describe: (1) General and restrictions. NMFS uses area, proposed action include the State management of groundfish fisheries in seasonal, gear, operation type, and parallel fisheries for groundfish species the BSAI; (2) the areas and vessels sector specific fishery closures to that occur in State waters adjacent to the affected by this proposed action; (3) maintain catch within specified OFLs, BSAI. Additional detail on State parallel management of the Atka mackerel, ABCs, TACs and associated allocations. fisheries is provided in Chapters 3 and Pacific cod and pollock fisheries; (4) NMFS prohibits vessels from 8 of the EIS (see ADDRESSES). Steller sea lion protection measures; (5) specifically targeting a species or This proposed action would not apply the EIS and preferred alternative; (6) the species group, known as directed to vessels fishing in State-managed 2014 BiOp; (7) description of the fishing, when a TAC is reached. guideline harvest level (GHL) provisions of this proposed action; and Directed fishing is defined in the groundfish fisheries in the BSAI (8) specific regulatory amendments. regulation at § 679.2. NMFS restricts reporting area. Specifically, Federally

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permitted vessels that participate in the To aid the reader in understanding detail on allocations and seasonal Aleutian Islands District Pacific Cod current management and the effects of apportionments are provided in the Management Plan (AI State-managed this proposed action, the following final 2014 and 2015 harvest Pacific cod fishery) authorized by sections briefly describe relevant specifications for the BSAI groundfish § 28.647 of title 5 of the Alaska management measures for Atka fisheries (79 FR 12108, March 4, 2014). mackerel, Pacific cod, and pollock in Administrative Code (AAC) would not CDQ Program be required to comply with the the BSAI. The CDQ Program was implemented proposed Steller sea lion protection TACs and Seasons measures while participating in that by NMFS in 1992 (57 FR 46133, October fishery. The AI State-managed Pacific There is a single BSAI OFL for Atka 7, 1992). The CDQ Program was created cod fishery is established by the State mackerel, but three separate Atka to improve conditions in coastal for harvest of a Pacific cod GHL mackerel ABCs and TACs established western Alaska communities by making exclusively within State waters. Any for Area 541/Bering Sea, Area 542, and it possible for them to participate in the groundfish catch occurring in the AI Area 543. There are separate Pacific cod BSAI fisheries. Regulations State-managed Pacific cod fishery is not OFLs, ABCs, and TACs established for implementing the CDQ Program provide deducted from the TAC, and therefore the Bering Sea subarea and Aleutian a portion of the groundfish, crab, and would not be subject to the provisions Islands subarea (Areas 541, 542, and 543 halibut annual catch limits for use by of this proposed action. Additional combined). There are separate pollock non-profit entities representing specific detail on State GHL fishery management OFLs, ABCs, and TACs for the Bering eligible western Alaska communities. generally, and the AI State-managed Sea subarea and Aleutian Islands The Magnuson-Stevens Act includes Pacific cod fishery specifically is subarea (79 FR 12108, March 4, 2014). provisions applicable to the CDQ NMFS also establishes seasonal Program and authorizes 65 communities provided in Chapters 3 and 8 of the EIS allocations of Atka mackerel, Pacific to participate in the CDQ Program. (see ADDRESSES). NMFS notes that the cod, and pollock TACs to temporally These communities participate in the State has adopted the same Steller sea disperse catch. The Atka mackerel and CDQ Program through six nonprofit lion protection measures for the AI pollock fishery TACs are apportioned corporations called CDQ groups. The State-managed Pacific cod fishery as between two seasonal allocations: an A CDQ groups receive exclusive harvest NMFS implemented for the Federal season from January 1 to June 10, and privileges of groundfish, known as CDQ groundfish fisheries in 2003 (68 FR 204, a B season from June 10 to November 1. allocations. These exclusive harvest January 2, 2003). Fifty percent of the Atka mackerel TAC privileges allow the CDQ groups to Management of Atka Mackerel, Pacific is assigned to each season (see tailor their fishing operations to Cod, and Pollock Fisheries in the BSAI § 679.20(a)(8)(ii)(A)). Forty percent of maximize the catch of their CDQ the pollock TAC is assigned to the A allocations. This allows CDQ groups to The groundfish fisheries in the BSAI season, and 60 percent is assigned to the avoid an inefficient ‘‘race for fish’’ target a wide diversity of species. Major B season (see §§ 679.20(a)(5)(i)(B) and among other fishery participants fisheries include pollock, Pacific cod, (a)(5)(iii)(B)(3)). competing to maximize their catch halibut, sablefish, Atka mackerel, and The Pacific cod TACs in the BSAI is before the overall TAC is reached. Each numerous rockfish and flatfish species. allocated among various sectors as CDQ group is prohibited from exceeding In the Aleutian Islands subarea of the described in the ‘‘BSAI Pacific Cod its CDQ allocation, and NMFS has BSAI, there are eight major targeted Management’’ section of the preamble. established specific monitoring and Federally managed fisheries—Atka The TAC allocated to each sector is enforcement provisions to accurately mackerel, Pacific cod, Pacific ocean further apportioned by seasons that vary track the harvest of CDQ allocations. perch, Individual Fishing Quota halibut among the various sectors. There are NMFS first allocates the TAC to the and sablefish, Greenland turbot, and three seasons—an A, B, and C season— CDQ Program, and then apportions the since 2008, arrowtooth flounder and that correspond to the early, middle, remaining TAC among other fishery Kamchatka flounder. Additional detail and late part of the year. The specific participants. The process for allocating on the species and amounts harvested in dates established for each season for the TACs to the CDQ Program generally the groundfish fisheries in the BSAI are each sector are defined in regulation and to CDQ groups specifically is provided in Chapters 3, 4, and 8 of the (see § 679.23(e)(5)). For the Western described in a final rule defining the EIS (see ADDRESSES) and in the final Alaska Community Development Quota regulation of the CDQ Program (71 FR 2014 and 2015 harvest specifications for Program (CDQ Program), Pacific cod 51804, August 31, 2006). The species the BSAI groundfish fisheries (79 FR TACs are apportioned among seasons and species groups currently allocated 12108, March 4, 2014). that are specific to trawl, hook-and-line, to the CDQ Program are specified in the This proposed action would apply jig, and all other non-trawl gear (e.g., pot final 2014 and 2015 harvest primarily to the Atka mackerel, Pacific gear) (see § 679.20(a)(7)(i)(B)). Different specifications for the BSAI groundfish cod, and pollock fisheries in the seasonal apportionments apply to the fisheries (79 FR 12108, March 4, 2014). Aleutian Islands. The Atka mackerel, TAC assigned to all other non-CDQ Relevant to this proposed action, the Pacific cod, and pollock fisheries are Program participants (see CDQ Program is allocated 10.7 percent subject to allocations, seasonal § 679.20(a)(7)(iv)(A)). of the Area 541/Bering Sea, Area 542, apportionment, and a range of other NMFS can reallocate a limited portion and Area 543 Atka mackerel TACs; 10.7 management measures that affect the of unharvested catch of Atka mackerel, of the Bering Sea and Aleutian Islands harvest of these species in the Aleutian Pacific cod, and pollock from one Pacific cod TACs; and 10 percent of the Islands. The net effect of these season to the next season within a Bering Sea and Aleutian Islands pollock allocations, seasonal apportionments, calendar year (see §§ 679.20(a)(8)(ii)(B), TACs. and management measures is that (a)(7)(iv)(B), and (a)(5)(i)(B)(2)). The currently vessels target, or directed fish, amount of unharvested catch that can be Amendment 80 Program for Atka mackerel and Pacific cod in the reallocated from one season to the Amendment 80 to the FMP identified Aleutian Islands, but they are not able following season is limited to ensure participants using trawl catcher/ to target pollock in the Aleutian Islands. temporal dispersion of catch. Additional processors in the BSAI active in

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groundfish fisheries other than Bering BSAI Pacific Cod Management Island subareas (78 FR 13813, March 1, Sea pollock (i.e., the head-and-gut fleet BSAI Pacific cod is harvested by trawl 2013). Separate management of Pacific or Amendment 80 vessels) and and non-trawl gears, and by vessels cod TAC in the Aleutian Islands greatly established a framework, known as the operating as catcher/processors and reduces the potential impacts of the Amendment 80 Program, to regulate catcher vessels. The non-trawl gears are Pacific cod fisheries on Steller sea lion fishing by this fleet (72 FR 52667, jig, pot, and hook-and-line. Regulations Pacific cod prey resources. Additional September 14, 2007). The Amendment allocate a portion of the BSAI TAC first detail on the impact of establishing 80 Program allocated the TACs of six to CDQ groups, and then to specific separate management for Pacific cod in species: BSAI Atka mackerel, Pacific non-CDQ fishery sectors defined by a the Aleutian Islands and Bering Sea is cod, flathead sole, rock sole, yellowfin combination of gear, operation type (i.e., provided in Chapters 3 and 8 of the EIS sole, and Aleutian Islands Pacific ocean catcher vessel or catcher/processor), and (See ADDRESSES). perch among all trawl fishery vessel size categories (§ 679.20(a)(7)). American Fisheries Act—Bering Sea participants. The Amendment 80 Regulations define nine Pacific cod non- Pollock Management Program created Amendment 80 quota CDQ fishery sectors in the BSAI The American Fisheries Act (AFA) share based on the historic catch of (§ 679.20(a)(7)(ii)(A)), referred to as was signed into law in October 1998 quota share species by Amendment 80 sectors in this preamble. Sector (Pub. L. 105–227, Title II of Division C). vessels, facilitated the development of allocations are established on a BSAI- The purpose of the AFA was to clarify cooperative arrangements (Amendment level and are not established separately U.S. ownership standards for U.S. 80 cooperatives) among quota share for the Bering Sea or Aleutian Islands fishing vessels and to provide the Bering holders, and assigned an exclusive subareas. As noted earlier in this Sea pollock fleet the opportunity to harvest privilege for a portion of the preamble, the proportion of the Pacific conduct their fishery in a more rational TAC of quota share species for cod TAC assigned to the CDQ Program manner while protecting non-AFA participants in Amendment 80 and to the sectors is further apportioned participants in the other fisheries. The cooperatives. The Amendment 80 by season. NMFS establishes the BSAI AFA eliminated the race for Bering Sea Program added sideboard limits to Pacific cod TAC allocations and pollock through the establishment of protect other fisheries from the potential seasonal apportionments in the annual cooperatives that were eligible to harvest specifications. The current adverse effects arising from the receive exclusive harvest allocations. allocations and seasonal exclusive harvest privileges provided The AFA established: specific apportionments of BSAI Pacific cod are under the Amendment 80 Program. allocations of Bering Sea pollock; shown in Table 5 of the 2014 and 2015 requirements for participation by As noted in the previous section on final harvest specifications for the BSAI catcher/processors, catcher vessels, the CDQ Program and in the American groundfish fisheries (79 FR 12108, motherships, and processors; excessive Fisheries Act section that follows, by March 4, 2014). share limits; monitoring and assigning an exclusive harvest privilege Prior to 2014, NMFS established a enforcement provisions; and annual to Amendment 80 cooperatives, these single BSAI Pacific cod OFL, ABC, and reporting requirements. cooperatives can avoid a race for fish TAC for the combined Bering Sea and In response to a directive in the AFA, and maximize catch within the limits of Aleutian Islands subareas. At the the Council recommended and NMFS their cooperative allocations. Each December 2012 Council meeting, the established sideboard limits to protect Amendment 80 cooperative is SSC stated that it would recommend other fisheries from the potential prohibited from exceeding its allocation, separate Pacific cod OFLs and ABCs for adverse effects arising from the and NMFS has established specific the Bering Sea and Aleutian Islands exclusive allocation of Bering Sea monitoring and enforcement provisions subareas for the 2014 and 2015 harvest pollock under the AFA. Cooperative to accurately track the harvest of these specifications based on the best fishing began under the AFA program in allocations. available scientific information. 1999. The effects of AFA on the Bering Separate Bering Sea and Aleutian Relevant to this proposed action, Sea pollock industry were tremendous: Islands OFLs and ABCs require separate Amendment 80 cooperatives receive capacity was reduced, efficiency was Bering Sea and Aleutian Islands TACs. increased, regulatory bycatch was exclusive harvest privileges for a The Council recommended and NMFS portion of the Area 541/Bering Sea, Area reduced, a higher portion of the fish was implemented separate Bering Sea and utilized, and higher valued products 542, and Area 543 Atka mackerel TACs. Aleutian Islands OFLs, ABCs, and TACs Amendment 80 cooperatives also were produced. More information beginning in 2014 under the 2014 and regarding the AFA program is available receive exclusive harvest privileges for 2015 final harvest specifications for the Pacific cod that may be harvested in the from the final rule implementing the BSAI groundfish fisheries (79 FR 12108, AFA (67 FR 79692, December 30, 2002). Bering Sea or Aleutian Islands subareas. March 4, 2014). Amendment 80 vessels also incidentally Establishing a separate Pacific cod Aleutian Islands Pollock Management harvest a small portion of the Aleutian OFL, ABC, and TAC for the Aleutian In 1999, NMFS closed the Aleutian Islands pollock TAC, but do not receive Islands resulted in a substantial Islands subarea to directed pollock an exclusive harvest allocation. For reduction in the amount of Pacific cod fishing due to concerns about the more information on the Amendment 80 available for harvest in the Aleutian potential impact of the pollock fishery Program, see the final rule Islands subarea compared to previous on Steller sea lions (64 FR 3437, January implementing the Amendment 80 years when Pacific cod was managed 22, 1999). In 2003, NMFS prohibited Program (72 FR 52667, September 14, with a combined BSAI Pacific cod OFL, directed fishing for pollock inside 2007). Additional detail on the ABC, and TAC. The 2014 Aleutian Steller sea lion critical habitat in the Amendment 80 Program allocations is Islands Pacific cod TAC is 6,997 metric Aleutian Islands subarea as a Steller sea provided in the final 2014 and 2015 tons (mt) compared to the 2013 BSAI lion protection measure (68 FR 204, harvest specifications for the BSAI TAC of 260,000 mt—an amount that January 2, 2003). groundfish fisheries (79 FR 12108, could have been harvested in its entirety NMFS allocates a portion of the March 4, 2014). in either the Bering Sea or Aleutian Aleutian Islands pollock to the Aleut

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Corporation, pursuant to the to nonpelagic trawling. These closures listed species and their designated requirements of the Consolidated were implemented in 2006 (71 FR critical habitat. Consultation was Appropriations Act of 2004 (Public Law 36694, June 28, 2006) and revised in reinitiated in consideration of new 108–199). NMFS implemented this 2008 (73 FR 9035, February 19, 2008). scientific information and changes to allocation with Amendment 82 to the Nonpelagic trawl gear is used for fisheries management since the 2003 FMP in November 2004 (69 FR 67107, harvesting Atka mackerel and Pacific supplement to the 2001 BiOp on the November 16, 2004). Regulations cod. The Amendment 78 closures to groundfish fisheries (see ADDRESSES). implementing Amendment 82 define nonpelagic trawling include the After reviewing all ESA-listed species the amount of pollock TAC that may be Aleutian Islands Habitat Conservation within NMFS’ jurisdiction that may be allocated in the Aleutian Islands, and Area (AIHCA), the Aleutian Islands affected by the Alaska groundfish how the Aleut Corporation may harvest Coral Habitat Protection Areas, and the fisheries, NMFS SFD determined that its portion of this allocation. Bowers Ridge Habitat Conservation the Alaska groundfish fisheries were When the Aleutian Islands pollock Zone. The AIHCA closed most of the likely to adversely affect Steller sea ABC is less than 19,000 mt, the annual Aleutian Islands subarea to nonpelagic lions and their designated critical TAC is not greater than the ABC; when trawling (a 279,114 nm2 closure), but habitat; therefore, a formal consultation the ABC is greater than 19,000 mt, the left open some areas where nonpelagic was required. TAC is equal to 19,000 mt (see trawling historically occurred. The In November 2010, NMFS PRD § 679.20(a)(5)(iii)). Once the TAC is Aleutian Islands Coral Habitat completed the FMP BiOp on the effects determined, the Aleutian Islands Protection Areas are relatively small, of the authorization of the Alaska pollock TAC is allocated to the Aleut discrete areas closed to all bottom groundfish fisheries on Steller sea lions. Corporation as a directed fishery contact gear, including nonpelagic trawl The FMP BiOp determined that NMFS allowance after subtracting the CDQ gear. The Bowers Ridge Habitat SFD could not insure that the Alaska Program allocation of 10 percent of the Conservation Zone, located in the groundfish fisheries were not likely to TAC, and after subtracting an incidental northern portion of Areas 542 and 543, jeopardize the continued existence of catch allowance to accommodate the is closed to mobile bottom contact gear, Steller sea lions or result in the catch of pollock in non-pollock directed including nonpelagic trawl gear (two destruction or adverse modification of fisheries (e.g., the incidental catch of areas totaling a 5,329 nm2 closure). their designated critical habitat pollock in the directed fishery for These closures, in combination with the (collectively referred to as ‘‘jeopardy’’). Pacific cod). The directed fishery Steller sea lion protection measures, The Alaska groundfish fisheries of allowance provided to the Aleut substantially limit the locations concern were located in the Central and Corporation is subject to seasonal available for nonpelagic trawling in the Western sub-regions of the Aleutian apportionment. Aleutian Islands subarea (see Figures 2– Islands, based on the population trends Regulations require that 50 percent of 27 and 2–28 in the EIS). of the Steller sea lions and the harvest the Aleut Corporation’s pollock of principal prey species by the allocation must be harvested by vessels Steller Sea Lion Protection Measures groundfish fisheries in these sub- less than 60 feet in length overall (see Section 3.5.3 of the FMP, approved by regions. These sub-regions are identified § 679.20(a)(5)(iii)(B)(5)). The Aleut the Secretary of Commerce under the in the 2008 Revised Steller Sea Lion Corporation may harvest the remaining Magnuson-Stevens Act, authorizes Recovery Plan (see ADDRESSES). As 50 percent of the pollock allocation with regulations for fishery management described in the Recovery Plan, the vessels greater than 60 feet length measures to protect marine mammals, Central sub-region comprises Areas 541 overall. Any vessel greater than 60 feet without requiring amendment of the and 542 and the Western sub-region is in length overall that is used to harvest FMP itself (see ADDRESSES). Steller sea Area 543. the pollock allocation must be permitted lion protection measures for the Alaska The FMP BiOp determined that Atka as an AFA vessel (see groundfish fisheries have been mackerel and Pacific cod fisheries in the § 679.4(m)(3)(i)(C)). implemented under this FMP authority Western Aleutian Islands sub-region Pollock occurs primarily inside since 1998. Since 1998, Steller sea lion and portions of the Central Aleutian Steller sea lion critical habitat in the protection measures have been revised Islands sub-region may reduce the Aleutian Islands. The existing closure of several times. NMFS has conducted availability of prey to the extent that a critical habitat in the Aleutian Islands to several ESA consultations to assess the Steller sea lion’s condition, growth, directed fishing has effectively impact of the groundfish fisheries on reproduction, or survival is diminished. precluded directed fishing in the Steller sea lions. Previous actions to This presumed competition between Aleutian Islands. Therefore, the implement Steller sea lion protection Steller sea lions and the groundfish Aleutian Islands pollock allocation has measures and their accompanying ESA fisheries led NMFS PRD to determine not been fully harvested by the Aleut consultations have been subject to that NMFS SFD could not insure that its Corporation and is reallocated each year litigation. A detailed history of previous action was not likely to jeopardize to the Bering Sea pollock fishery when Steller sea lion protection measures, Steller sea lions. The FMP BiOp the Bering Sea pollock TAC is set ESA section 7 consultations (i.e., determined that changes to the Pacific sufficiently below the ABC. Additional biological opinions), and litigation is cod and Atka mackerel fisheries in the detail on pollock harvests in the provided in Chapter 1 of the EIS (see Aleutian Islands were necessary to Aleutian Islands and the reallocation to ADDRESSES). The following sections of avoid jeopardy for Steller sea lions. The the Bering Sea is provided in Chapters the preamble summarize recent ESA FMP BiOp included a reasonable and 3 and 8 of the EIS. section 7 consultations, rulemaking, and prudent alternative (RPA) to mitigate litigation. the effects of the Alaska groundfish Amendment 78 Habitat Protection fisheries on Steller sea lions and their Measures FMP BiOp critical habitat. The RPA focused on the Amendment 78 to the FMP In April 2006, NMFS SFD reinitiated Atka mackerel and Pacific cod fisheries established Aleutian Islands habitat ESA section 7 consultation with NMFS in the BSAI, and included performance protection measures and closed a large PRD on the potential effects of the standards to provide more restrictive portion of the Aleutian Islands subarea Alaska groundfish fisheries on ESA- measures on the harvest of Steller sea

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lion prey species in areas where 3:10-cv-00271–TMB Document 193, through a collaborative process with the declines in Steller sea lion populations filed February 20, 2014). Council and its Steller Sea Lion were most evident. Those performance Mitigation Committee, and in EIS and Preferred Alternative standards helped to guide the initial consideration of public comments development of the measures that NMFS published a notice of intent to received during the scoping process for would be implemented by the proposed prepare the EIS in the Federal Register the EIS and during the public review of rule. on April 17, 2012 (77 FR 22750). The the draft EIS. All of the alternatives The FMP BiOp, the supporting scoping period for the EIS was were developed with the understanding science, and its findings are approximately 6 months with the period that a preferred alternative could only controversial. This controversy reflects ending October 15, 2012. NMFS also be selected as the proposed action, and differences in opinion on the held a public scoping meeting in implemented through rule making, if interpretation of scientific information coordination with a Council meeting on NMFS could insure that the action was and on the application of law in October 2, 2012 (77 FR 52674, August not likely to jeopardize the continued fisheries management. NMFS sponsored 30, 2012). existence of the Steller sea lions or The Council and NMFS developed the a review of the FMP BiOp by the Center result in destruction or adverse purpose and need for the proposed for Independent Experts. The States of modification of their designated critical action in the EIS (see Section 1.3 of the habitat. The Council and NMFS Alaska and Washington also sponsored EIS). The proposed action is needed to an external review of the FMP BiOp. understood that a preferred alternative comply with the ESA requirement that and any resulting rule must meet the Information on these reviews is a Federal agency insure that the available in the 2014 BiOp (see requirements of the ESA before factors agency’s actions are not likely to that minimize, to the extent practicable, ADDRESSES) and from the NMFS Alaska jeopardize the continued existence of Region Web site at http:// the economic impacts on fishery endangered species or destroy or participants could be considered. alaskafisheries.noaa.gov/ adversely modify its critical habitat. The protectedresources/stellers/esa/biop/ NMFS analyzed two broad categories purpose of this action is to implement of potential measures under all of the final/cie/review.htm. Steller sea lion protection measures for alternatives. First, under each 2010 Interim Final Rule the Aleutian Islands groundfish alternative NMFS analyzed a range of fisheries, and supporting research, in a Steller sea lion protection measures in In December 2010, NMFS published manner that mitigates the Aleutian the BSAI that varied among the an interim final rule that implemented Islands groundfish fisheries’ potential alternatives. Second, under each the RPA in the FMP BiOp (75 FR 77535, impacts on Steller sea lions and alternative, NMFS analyzed the effects December 13, 2010, corrected 75 FR minimizes, to the extent practicable, of potential fishery research that could 81921, December 29, 2010). The 2010 economic impacts to the groundfish be conducted in the BSAI that may Interim Final Rule became effective fisheries. affect Steller sea lions. The same January 1, 2011. Fishery restrictions The action area considered in the EIS potential fishery research provisions were focused primarily on the Atka is the Aleutian Islands reporting areas, were considered under each of the mackerel and Pacific cod fisheries in the with an adjustment to the Atka mackerel alternatives. Aleutian Islands subarea, with only a fishery management in the Bering Sea. The decision analyzed in the EIS was minor change made to the Atka The EIS focused on the fisheries that whether to maintain the existing suite of mackerel fishery in the Bering Sea may affect Steller sea lions or their Steller sea lion protection measures subarea to provide for management of critical habitat in the Aleutian Islands (Alternative 1, the 2010 Interim Final the combined Area 541/Bering Sea TAC. because that is where Steller sea lions Rule) or to implement a new suite of Litigation are experiencing the greatest population Steller sea lion protection measures declines. (Alternatives 2, 3, 4, 5, or 6). To provide The State of Alaska, the Alaska In April 2013, the Council a comprehensive analysis of the effects Seafood Cooperative, and the Freezer recommended a preliminary preferred of the alternatives, the EIS compares the Longline Coalition filed suit against alternative (PPA, Alternative 5) for the six alternatives relative to each other NMFS in the U.S. District Court for the public’s consideration during the review and relative to a baseline period used to District of Alaska in December 2010 on and comment period on the draft EIS. assess the environmental conditions the FMP BiOp and the 2010 Interim The Council considered affecting Steller sea lions (generally Final Rule implemented by NMFS. The recommendations from its Steller Sea from 2004 through 2010). Court found that NMFS properly Lion Mitigation Committee, SSC, The alternatives ranged from applied the ESA, the Magnuson-Stevens Advisory Panel, and public testimony in Alternative 6, an alternative that would Act, and the Administrative Procedure developing their recommended PPA for restrict fishing more than the status quo Act in the development of the FMP the draft EIS. NMFS identified the PPA alternative (Alternative 1), to BiOp and in the implementation of the in the draft EIS and released the draft Alternative 4, the alternative that would 2010 Interim Final Rule. The Court EIS for public review on May 17, 2013 allow the most fishing opportunities. found that the agency’s NEPA process (78 FR 29131). The comment period for Alternative 4 would reinstate the Steller for preparing the environmental the draft EIS ended July 16, 2013. NMFS sea lion protection measures that were assessment (EA) for the 2010 Interim summarized and responded to all in place prior to the 2010 Interim Final Final Rule did not provide the public relevant public comments received Rule, with a few exceptions. with sufficient opportunity for review during the comment period in the Alternatives 2, 3, and 5 provided more and comment and that the conclusions Comment Analysis Report, Chapter 13 fishing opportunities and fewer of the EA were highly controversial and of the final EIS. NMFS published the protection measures than Alternative 6, uncertain. Based on these findings, the final EIS on May 23, 2014 (see but included more protection measures court ordered NMFS to prepare an ADDRESSES). than Alternative 4. NMFS added environmental impact statement (EIS). The final EIS describes in detail the Alternative 6 to the final EIS in response The court ordered the EIS to be six alternatives for the proposed action. to public comments that requested an completed by August 15, 2014 (Case These alternatives were developed alternative that restricted fishing more

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than Alternative 1. Additional to participants in the regulated fisheries, accomplished through closure areas, description of the alternatives is and would not meet the secondary harvest limits, seasonal apportionment available in the EIS and not addressed objective of the proposed action. of harvest limits, and limits on further here (see ADDRESSES). participation in a fishery. The proposed 2014 BiOp In October 2013, after consideration of action would retain or modify existing public comments received on the draft On May 10, 2013, NMFS reinitiated closure areas, harvest limits, seasonal EIS, advice from its Steller Sea Lion ESA section 7 consultation on the effect apportionment of harvest limits, and Mitigation Committee, input from the of the proposed action (Alternative 5) to limits on participation in ways that are Council’s Advisory Panel and SSC, and revise Steller sea lion protection designed to limit competition for prey public comment, the Council measures. NMFS reinitiated with Steller sea lions. recommended Alternative 5 as the consultation because the proposed The best available scientific preferred alternative for the final EIS. action would change the current information suggests that the effects of Alternative 5 is a suite of management management of fisheries in the BSAI. the groundfish fisheries on Steller sea measures for the Atka mackerel, Pacific Therefore, the proposed action may lions may be greatest around rookeries cod, and pollock fisheries that include result in effects not previously analyzed and haulouts due to the overlap of fishery closures and limitations on catch in the FMP BiOp. Additionally, the foraging Steller sea lions and harvest of in specific areas to mitigate the potential research provisions of the proposed their prey species in the fisheries (see adverse effects of fishing on Steller sea action were not considered in the FMP Chapter 5 of the EIS and Section 5.4 of lion prey resources. Alternative 5 would BiOp. the 2014 BiOp). This proposed action allow more fishing than under Because the proposed action would limits fishing to the greatest extent from Alternative 1, but retains and modifies modify Steller sea lion protection 0 nm to 3 nm from rookeries and important Steller sea lion protection measures primarily in the Aleutian haulouts, which corresponds with the measures already in place. Alternative 5 Islands Atka mackerel, Pacific cod, and highest observed at-sea use by as adult would include authorization for specific pollock fisheries, NMFS did a project- female, young-of-the-year, and juvenile fishery research in the BSAI. level, focused consultation. The 2014 Steller sea lions as shown in the Steller The Council recommended BiOp is the result of that consultation. sea lion telemetry data described in the Alternative 5 as the preferred alternative The 2014 BiOp did not entirely replace 2014 BiOp. based on the analysis in the draft EIS, the previous FMP BiOp. The analysis The 2014 BiOP identified the public comments, and the best available contained in the FMP BiOp remains importance of maintaining global, or scientific information including the valid and meets NMFS’ requirement to broad scale, limits on the harvest of findings of the external scientific consult at the FMP level. Atka mackerel, Pacific cod, and pollock. reviews conducted by the Center for New information in the external Global limits are currently in place for Independent Experts on behalf of NMFS reviews of the FMP BiOp and the new these three species. Regulations prohibit and the panel convened by the States of analyses that NMFS conducted in directed fishing in the BSAI or GOA if Alaska and Washington. In response to those external reviews were the projected spawning biomass of the recommending Alternative 5 as its incorporated into the 2014 BiOp to fish stock falls below 20 percent of the preferred alternative, the Council further understand the effects of the unfished spawning biomass (see determined that Alternative 5 would groundfish fisheries on Steller sea lions. regulations at § 679.20(d)(4)). Atka implement management measures that The 2014 BiOp considered whether mackerel, Pacific cod, and pollock protect Steller sea lions as required by NMFS has insured that the proposed fisheries have not experienced this type the ESA. The Council determined that Aleutian Islands Atka mackerel, Pacific of directed fishing closure since global Alternative 5 would protect specific cod, and pollock fisheries and their limits became effective in 2003 (68 FR areas that are important to Steller sea supporting research are not likely to 204, January 2, 2003). lions, and include specific harvest cause jeopardy for Steller sea lions. On Proposed Regulatory Provisions limits on the amount of fishing within April 2, 2014, NMFS issued the 2014 Steller sea lion critical habitat in order BiOp. This proposed action would to protect Steller sea lion prey The 2014 BiOp found that the implement Alternative 5, the Council’s availability. Alternative 5 maintains a implementation of the proposed action preferred alternative for Steller sea lion careful approach to fishing for Steller described in the EIS (i.e., Alternative 5) protection measures. Many of the sea lion prey species in critical habitat was not likely to jeopardize the provisions in this proposed action are by spatially and temporally dispersing continued existence of Steller sea lions the same as provisions implemented in catch to prevent localized depletion of and was not likely to destroy or the 2010 Interim Final Rule (75 FR these important prey resources. adversely modify designated Steller sea 77535, December 13, 2010; corrected 75 The Council determined that lion critical habitat. The conclusions in FR 81921, December 29, 2010). This Alternative 5 is necessary to minimize the 2014 BiOp were reached after section of the preamble explains each economic impacts on fishery considering the best scientific and provision and notes when the provision participants. The EIS found that direct, commercial information available, is the same as the 2010 Interim Final indirect, and cumulative effects of including Steller sea lion behavior and Rule, a modification of the 2010 Interim Alternative 5 on the human fisheries data. The 2014 BiOp concludes Final Rule, or a new provision. All these environment, including Steller sea that the proposed action would provisions should be considered lions, were similar to those effects under establish Steller sea lion protection together as the proposed action, and status quo with the exception that measures for the Atka mackerel, Pacific NMFS has determined that the public Alternative 5 would enhance fishing cod, and pollock fisheries in the should be provided another opportunity opportunities and minimize potential Aleutian Islands subarea that spatially, to comment on the 2010 Interim Final economic impacts. The EIS indicates temporally, and globally disperse Rule regulatory amendments based on that additional restrictions on fisheries fishing to mitigate potential competition the new information. beyond those considered under for prey resources between Steller sea The following sections describe the Alternative 5 (e.g., Alternatives 1 and 6) lions and these fisheries. Spatial and general provisions of this proposed may result in additional economic harm temporal fishery dispersion is action: (1) Removal of the retention

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prohibition for Atka mackerel and female locations were within 20 nm western portion of Area 542. The 2010 Pacific cod fisheries in Area 543; (2) from listed rookeries or haulouts, and Interim Final Rule implemented equally harvest limits and closures for the Atka 80.6 percent of the winter adult female apportioned Atka mackerel harvest in mackerel, Pacific cod, and pollock locations were within 20 nm from listed critical habitat between two seasons. fisheries in Areas 543, 542, and 541; and rookeries or haulouts. Based on these The Council and NMFS recommend (3) general management measures for data, the 2014 BiOp concluded that retaining this measure, but modifying it groundfish fisheries in the BSAI. there is less concern about potential to apply to Area 543 and the western interactions between fisheries and portion of 542 to spatially and Removal of Atka Mackerel and Pacific Steller sea lions farther than 20 nm from temporally disperse catch in Steller sea Cod Retention Prohibitions in Area 543 listed rookeries or haulouts. This lion critical habitat to protect potential This proposed action would allow the conclusion is consistent with BiOp prey resources. This limit would apply retention of Pacific cod and Atka NMFS conducted in 2001 (see to waters near Steller sea lion rookery or mackerel in Area 543 subject to harvest ADDRESSES). haulout sites where pup and nonpup limits addressed in the next section of Allowing retention for Pacific cod and counts have been declining. It would the preamble. This proposed action Atka mackerel outside of critical habitat provide additional potential protection would remove the prohibition on the (i.e., further than 20 nm from listed to prey resources inside critical habitat retention of Pacific cod and Atka rookeries or haulouts) in Area 543 is where the Steller sea lion population mackerel in Area 543 at § 679.7(a)(19). consistent with the need to protect has been observed to be declining. This This prohibition was implemented Steller sea lion prey resources in areas limit in critical habitat harvest would under the 2010 Interim Final Rule. most important to foraging Steller sea balance the need to protect Steller sea Currently, Atka mackerel and Pacific lions while providing the opportunity lion prey resources, consistent with the cod cannot be retained in a directed for fishery harvests in areas where there FMP BiOp performance standards (see fishery or when incidentally caught in is less potential for competition between Section 8.2.2 of the FMP BiOP), with the other groundfish fisheries in Area 543. fisheries and foraging Steller sea lions. opportunity to harvest Atka mackerel in The Council recommended and NMFS Allowing retention within critical a few locations available to fishing proposes to remove the retention habitat in Area 543 would be consistent within critical habitat. Atka mackerel prohibition throughout all of Area 543 with the need to protect Steller sea fishing is effectively prohibited in most (i.e., inside and outside of critical lions, provided that the total amount of critical habitat in the Aleutian Islands habitat) and instead limit Atka mackerel TAC taken in Area 543 is limited and due to the nonpelagic trawl closures in and Pacific cod harvest in Area 543. directed fishing, the source of greatest the AIHCA (see Figure 2–27 in EIS and By removing the retention retention, is further limited near Steller Section 5.3.4 in 2014 BiOp for prohibition, directed fisheries for Atka sea lion rookeries and haulouts. These additional detail). mackerel and Pacific cod could occur in harvest limitations are described in Area 543. In addition, Atka mackerel greater detail in the following section of Atka Mackerel Fisheries Closures in and Pacific cod could be retained if they the preamble. Area 543 are incidentally harvested in other non- This proposed action would prohibit directed fisheries throughout all of Area Atka Mackerel Harvest Limits in Areas directed fishing with trawl gear for Atka 543 (e.g., incidental harvest of Atka 543 and 542 mackerel in waters from 0 nm to 3 nm mackerel could be retained in a Pacific This proposed action would establish from haulouts and from 0 nm to 10 nm ocean perch fishery). Incidental harvest two harvest limits for Atka mackerel in from rookeries in Area 543. The Council of Atka mackerel and Pacific cod would Area 543. The first limit would set the recommended and NMFS proposes this still be limited by Maximum Retainable annual TAC at an amount no greater prohibition to protect Steller sea lion Amounts (MRAs). MRAs limit the than 65 percent of the ABC in Area 543. critical habitat, providing more amount of species that a vessel operator Prior to the implementation of the 2010 protection to areas around rookeries can retain if a species is not open for Interim Final Rule in 2011, Atka where adult females and juveniles are directed fishing. Regulations at mackerel harvest in Area 543 inside more dependent on nearshore prey § 679.20(e) and (f), and Tables 10 and 11 critical habitat was limited to 60 percent resources. The existing AIHCA closures to 50 CFR part 679, establish MRA of the TAC, but the full amount of the in Area 543 in addition to the proposed percentages for groundfish species and TAC could be taken in Area 543 as a closures under this action would result species groups. Chapter 8 of the EIS whole during a year. The proposed area- in a spatial closure of 76 percent of provides additional detail on the wide TAC limit of 65 percent of the critical habitat in Area 543 to Atka management of MRA limits. ABC in Area 543 would provide limited mackerel directed fishing (see Figure 2– The 2014 BiOp considered a range of fishing opportunity inside and outside 27 in EIS and Section 5.2 in 2014 BiOp). information to assess the potential critical habitat at a level similar to the effects of allowing retention of Atka previous limit that applied only inside Pacific Cod Harvest Limit in Area 543 mackerel and Pacific cod in Area 543. critical habitat. The Council and NMFS This proposed action would establish Satellite telemetry tags have been recommended this measure to ensure a harvest limit for Pacific cod based on deployed on adult female and juvenile the overall harvest in Area 543 would abundance in Area 543 as determined Steller sea lions in Areas 541, 542, and not be likely to impact the area-wide by the annual stock assessment process. 543 to understand sea lion movements availability of Atka mackerel prey The Council recommends and NMFS and at-sea distribution. The at-sea resources for Steller sea lions while proposes this measure to limit catch in location data collected from these allowing some harvesting of Atka the portion of the Aleutian Islands telemetry tags have been grouped into mackerel in Area 543. where Steller sea lions have summer (April through September) and This second limit would allow no experienced the greatest decline. This winter (October through March) time more than 60 percent of the annual limit would vary from year-to-year periods. Based on telemetry analyses TAC, evenly apportioned between the A depending on stock abundance but completed for the 2014 BiOp, over 90 and B seasons, to be harvested in critical would ensure that limits are retained on percent of the winter and summer habitat west of 178° W longitude. This total harvest. For example, under this juvenile locations and the summer adult area includes all of Area 543 and the proposed limit the Pacific cod catch

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limit would have been 3,359 mt for closures balance the protection of prey harvest limit balances the need for trawl vessels and 1,082 mt for non-trawl resources within critical habitat with additional protection to prey resources vessels in 2014. This limit would the opportunity to harvest Pacific cod during a time of the year when Steller balance protection of area-wide Pacific by trawl gear in the limited locations sea lions are more dependent on pollock cod prey resources for Steller sea lions available to trawl gear. Establishing this while providing opportunity for the using the best available scientific proposed area closure would result in a development of a limited pollock information on biomass distribution spatial closure of 76 percent of critical fishery (Section 5.3.3 in 2014 BiOp). while providing some opportunity for habitat in Area 543 for Pacific cod trawl Pacific cod harvests. gear when considered in the context of Pollock Fisheries Closures in Area 543 Pacific Cod Hook-and-Line and Pot Gear the existing AIHCA closures (Figure 2– This proposed action would prohibit Fisheries Closures in Area 543 28 in EIS and Section 5.3.4 in 2014 directed fishing for pollock in most BiOp). However, NMFS expects that The proposed action would prohibit critical habitat in Area 543. This Area 543 Pacific cod harvest amounts proposed action would prohibit directed directed fishing for Pacific cod in waters under these proposed closures to be not from 0 nm to 3 nm from rookeries and fishing for pollock from 0 nm to 3 nm much more than harvest amounts in from , Alaid, and Chirikof from 0 nm to 10 nm from Area 543 under current regulations for hook-and-line and pot gear vessels. haulouts and from 0 nm to 20 nm at the established by the 2010 Interim Final rookeries in Area 543, as Hook-and-line and pot gear is typically Rule because of the change to the Pacific described in Table 4 to 50 CFR part 679 deployed in locations closer to shore in cod TAC explained above under the and shown in Figure 1. This proposed the Aleutian Islands compared to trawl ‘‘BSAI Pacific Cod Management’’ and action would prohibit directed fishing gear. This is due to the steep bathymetry anticipated participation in the fishery for pollock from 0 nm to 20 nm in the in the Aleutian Islands and the limited in that area. Therefore, based on that two remaining rookeries in Area 543. benthic surface available to hook-and- expectation, the Area 543 Pacific cod The Council recommended and NMFS line and pot gear farther from shore. The fishery is not likely to result in localized proposes these prohibitions to protect Council recommended and NMFS depletion of Steller sea lion Pacific cod important Steller sea lion prey while proposes these limited closures in Area prey resources (Section 5.4.7 in 2014 providing the opportunity for limited 543 to Pacific cod hook-and-line and pot BiOp). gear because harvests occur in much pollock fishing in an area where pollock smaller quantities and at slower rates for Pollock Harvest Limit in Area 543 fishing had historically occurred in Area these gears than trawl gear. This makes 543 (Figure 3–18 in EIS). The 2014 BiOp it less likely that hook-and-line and pot This proposed action would limit the found that very little spatial overlap gear harvests would result in localized harvest of pollock to no more than 5 between Steller sea lions and the depletion of Steller sea lion prey percent of the Aleutian Islands pollock pollock fishery would be likely because resources (Section 3.3 in EIS). Allowing ABC during the A season in Area 543. under this proposed management This limit would apply to all harvests; harvests of Pacific cod by hook-and-line measure, 95 percent of critical habitat in this includes harvests by the Aleut and pot gear in Steller sea lion critical Area 543 would be closed to pollock Corporation, CDQ groups, and the habitat is less likely to cause localized fishing (Section 5.3.3 in 2014 BiOp). incidental catch of pollock in all other depletion of Steller sea lion prey The 2014 BiOp found that there would groundfish fisheries. The Council resources compared to trawl gear be a limited degree of overlap between recommended and NMFS proposes fishing. the depth at which the pollock fishery setting this pollock harvest limit in Area occurs and Steller sea lion dive patterns Pacific Cod Trawl Fisheries Closures in 543, consistent with the goal of in Area 543. Therefore, this proposed Area 543 providing more protection to Steller sea action would provide a very limited This proposed action would prohibit lions where more decline in their opportunity for pollock harvests to directed fishing with trawl gear for population is evident (see performance occur in critical habitat within Area 543 Pacific cod in waters from 0 nm to 3 nm standards described in Section 8.2.2 in while providing protections to Steller from haulouts and from 0 nm to 10 nm FMP BiOp). Area 543 is the location sea lion prey resources. To provide the from rookeries in Area 543. The Council with the apparent greatest decline in and NMFS recommended this action to Steller sea lion abundance compared to reader with a better understanding of protect Steller sea lion prey resources in Areas 542 and 541. Therefore, this the specific areas open and closed under areas important to adult females, young proposed action would establish more this proposed provision, see Figure 1 of the year, and juveniles from the restrictive harvest limits in Area 543 below. potential effects of trawl fisheries. These than Areas 542 and 541. The 5-percent BILLING CODE 3510–22–P

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BILLING CODE 3510–22–C Second, as noted earlier, this under this proposed action is not likely Atka Mackerel Critical Habitat Harvest proposed action would limit the amount to cause jeopardy to Steller sea lions, Restrictions in Area 542 and seasonal apportionment of the Atka and therefore maintaining these mackerel TAC in critical habitat in the additional restrictions would result in This proposed action would make western portion of Area 542. No more potential economic burden on the several modifications to Atka mackerel than 60 percent of the annual TAC, fishing industry that is not needed to harvest restrictions in Area 542. First, evenly apportioned between the A and protect Steller sea lion prey species. B seasons, could be harvested in critical this proposed action would remove the Atka Mackerel Fisheries Closures in habitat west of 178° W longitude. The prohibition on fishing inside of critical Area 542 habitat around Gramp Rock and Tag Council recommended and NMFS Island unless the vessel was assigned to proposes this limit to ensure that the This proposed action would prohibit an Amendment 80 cooperative or the amount of Atka mackerel harvest is directed fishing for Atka mackerel in waters from 0 nm to 3 nm of Steller sea CDQ Program, as implemented by the constrained within critical habitat in ° lion haulouts and from 0 nm to 10 nm 2010 Interim Final Rule under Area 542 west of 178 W longitude similar to historical harvests levels (see of Steller sea lion rookeries in Area 542. § 679.7(a)(25). This proposed action Chapter 3 and 11 in EIS, and Section This proposed action also would would remove this prohibition because 5.3.4 in the 2014 BiOp). prohibit directed fishing for Atka limiting vessels in this area would not Third, this proposed action would mackerel in waters from 0 nm to 20 nm be necessary to control the rate of remove the Amendment 80 and CDQ from Steller sea lion rookeries and fishing within this portion of critical harvest restrictions and Area 542 TAC haulouts in Area 542 located between habitat in Area 542. This proposed limit for Atka mackerel implemented by 178° E longitude and 180° longitude and action would provide additional the 2010 Interim Final Rule at east of 178° W longitude. This proposed locations in Steller sea lion critical § 679.20(a)(8)(ii)(C) because these action would revise the 2010 Interim habitat for Atka mackerel fishing. NMFS harvest restrictions and TAC limit are Final Rule prohibition of directed expects greater spatial dispersion of not necessary under the proposed fishing for Atka mackerel in waters from Atka mackerel harvests inside critical Steller sea lion protection measures. As 0 nm to 20 nm from Steller sea lion habitat by providing this additional determined by the 2014 BiOp, the Area rookeries and haulouts in Area 542 fishing area. 542 Atka mackerel harvest anticipated located between 177° E longitude and

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179° W longitude and between 178° W trawl gear Pacific cod closures to allow Pacific Cod Trawl Fisheries Closures in longitude and 177° W longitude. These additional fishing opportunity for these Area 542 proposed changes in the Atka mackerel gear types in locations that are less This proposed action would revise closure areas would be implemented by likely to affect prey resources for adult protection measures for the Pacific cod revisions to Table 6 to 50 CFR part 679. females, young of the year, and juvenile trawl fisheries in Area 542. This Establishing this proposed area Steller sea lions. proposed action would close waters closure would result in a spatial closure from 0 nm to 10 nm from Steller sea lion of 93 percent of critical habitat in Area Pot and hook-and-line gear must be rookeries and from 0 nm to 3 nm from 542 for Atka mackerel fishing when deployed in relatively shallow water, Steller sea lion haulouts in Area 542. considered in the context of the existing and those areas are limited in the This proposed action would remove AIHCA closures (see Figure 2–27 in EIS Aleutian Islands subarea due to the seasonal closures from 0 nm to 20 nm and Section 5.3.1 in 2014 BiOp). steep bathymetry. Therefore, vessels from all Steller sea lion haulouts and Further, telemetry data do not indicate using pot and hook-and-line gear rookeries to directed fishing for Pacific a spatial overlap between Steller sea generally fish for Pacific cod within 10 cod with trawl gear implemented by the lions and the Atka mackerel fishery nm of Steller sea lion haulouts and outside of 10 nm from Steller sea lion rookeries in the Aleutian Islands 2010 Interim Final Rule at rookeries or outside of 3 nm from (Section 3.3 in EIS). This proposed rule § 679.22(a)(8)(iv) and in Table 5 to 50 haulouts in Area 542 (Section 5.3 in would close waters from 0 nm to 3 nm CFR part 679. Closing waters from 0 nm 2014 BiOp). from rookeries to directed fishing for to 10 nm from rookeries and from 0 nm The Council and NMFS Pacific cod by all non-trawl gears to to 3 nm from haulouts would ensure the recommended these prohibitions based protect prey resources for females that trawl fisheries are not likely to reduce on the best available information from may be limited in their ability to travel the availability of prey species for the Alaska Fisheries Science Center longer distances from a nursing pup and juvenile, young of the year, and adult Fisheries Interaction Team studies for young Steller sea lions with limited female Steller sea lions in these waters. (Chapter 11 in EIS). These studies have foraging capability (Section 5.2 in 2014 The Council recommended and NMFS shown that Atka mackerel move from BiOp). proposes this measure to maintain inside critical habitat to outside critical protections around Steller sea lion Most of the Pacific cod non-trawl habitat near , and the rookeries and haulouts in Area 542 and fishing in the Aleutian Islands is with abundance of Atka mackerel is to provide some opportunity for relatively low in this area compared to pot and hook-and-line gear, which harvesting Pacific cod with trawl gear. other fishing locations in Area 542. This harvest a smaller portion of the TAC Steller sea lion telemetry, Platform of movement and low abundance of Atka and at a slower rate with more temporal Opportunity, and fisheries location data, mackerel at Amchitka may make Steller dispersion than trawl gear (Section 3.3 show very little spatial overlap occurs sea lion prey resources inside critical in EIS). Very little Pacific cod is between Steller sea lions and the Pacific habitat in these areas more susceptible harvested with jig gear in the Aleutian cod trawl fisheries in Area 542 inside to fishing effects. The proposed closures Islands and the rate of harvest by this critical habitat (Section 5.3.4 in 2014 in Area 542 would provide protection to gear type is low compared to all other BiOp). Providing additional opportunity Steller sea lion Atka mackerel prey fishing gear. Based on the low amount for Pacific cod trawl harvests under this resources inside critical habitat where of catch and rate of harvest, critical proposed action would not be likely to Atka mackerel may be more susceptible habitat closures for jig gear would not be reduce the available Pacific cod prey to localized depletion. This proposed required to protect Steller sea lion resources for Steller sea lions inside closure would provide a limited Pacific cod prey (Section 2.1.1.3 in EIS). critical habitat. Given the large opportunity to harvest Atka mackerel in Therefore, this proposed action would reduction in the Aleutian Islands Pacific those areas of critical habitat not remove most of the existing limitations cod harvest due to the specification of otherwise precluded due to the existing on the use of jig gear within critical a separate Aleutian Islands TAC and the AIHCA closures (Section 5.3.4 in 2014 habitat. small amount of Pacific cod taken historically in Area 542, the 2014 BiOp BiOp). The third revision in Area 542 would concluded that under the proposed remove the prohibition on vessels 60 Pacific Cod Non-Trawl Fisheries action the Pacific cod trawl fisheries feet (18.3 m) or greater in length overall Closures in Area 542 would not be likely to locally deplete using non-trawl gear from directed This proposed action would include Pacific cod stocks in Area 542. three revisions to Area 542 protection fishing for Pacific cod in waters from 6 measures for the Pacific cod non-trawl nm to 20 nm from Steller sea lion Pollock Harvest Limit in Area 542 fisheries. The first revision would rookeries and haulouts in Area 542 from This proposed action would limit change the current 0 nm to 6 nm January 1, 0001 hours, to March 1, 1200 harvest of pollock to no more than 15 closures at Steller sea lion haulouts and hours, A.l.t. This prohibition was percent of the Aleutian Islands ABC rookeries to 0 nm to 3 nm from Steller implemented by the 2010 Interim Final during the A season in Area 542. This sea lion rookeries in Area 542 to hook- Rule as a footnote to Table 5 to 50 CFR limit would apply to all harvest of and-line and pot gear vessels directed part 679. The Council recommended pollock. The 15 percent pollock harvest fishing for Pacific cod year round. The and NMFS proposes to remove this limit for Area 542 would be more second revision would remove the prohibition on Pacific cod non-trawl restrictive than the harvest limit in Area prohibition on directed fishing for vessels fishing in the first quarter of the 541, but less restrictive than the harvest Pacific cod with jig gear from 0 nm to year (from January 1 to March 1) to limit in Area 543. The Council 6 nm of Steller sea lion haulouts and further temporally disperse the harvest recommended and NMFS proposes this rookeries as implemented under the and to align fishing effort by these action to establish limits on pollock 2010 Interim Final Rule in vessels with the seasons established in harvest consistent with the FMP BiOp § 679.22(a)(8)(iv) and Table 5 to 50 CFR regulation at § 679.23. Generally, non- performance standards to provide more part 679. The Council recommended trawl vessels are able to commence protection to Steller sea lions where and NMFS proposes revising the non- fishing January 1. more decline is evident (Section 8.2.2).

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The 15 percent pollock harvest limit in haulouts in a portion of Kanaga Sound around . Maintaining Area 542 would balance the protection east of 178° W longitude as described in most of the critical habitat Atka of Steller sea lion pollock prey resources Table 4 to 50 CFR part 679 and shown mackerel closures in Area 541 is similar in the winter when pollock is most in Figure 1. Even though / with past closures applied to the Atka important in the Steller sea lion diet Ship Rock is a rookery, reducing the mackerel fishery in this area, but would (Section 5.3.3. in 2014 BiOp) with an closure at this area from 10 nm to 3 nm allow continued harvest of Atka opportunity for limited pollock harvest would not be expected to result in mackerel in Area 541 in a manner in Area 542. limitations for Steller sea lion prey similar to past harvest patterns (Section resources in this portion of critical Pollock Fisheries Closures in Area 542 3.2 in EIS). habitat due to the overall pollock This proposed action would prohibit harvest limit applied to Area 542 and This proposed action would open a directed fishing for pollock in waters the fact that fishing would occur in portion of critical habitat from 12 nm to from 0 nm to 20 nm from rookeries and winter when Steller sea lions are less 20 nm from Seguam Island as shown in haulouts west of 178° W longitude as likely to be using a rookery. Figure 2. The Atka mackerel fishery in described in Table 4 to part 679 with Overall, the critical habitat closures in Area 541 is currently concentrated one exception. This proposed rule Area 542 are more restrictive in the outside of critical habitat near Seguam would create an open area surrounded western portion of Area 542 where Island. The Council recommended and by closed critical habitat in the Rat Steller sea lion abundance has NMFS proposes this opening because Islands Area. The open area would be experienced more decline, and less research shows that there is very little established by prohibiting directed restrictive in the eastern portion of Area exchange of Atka mackerel biomass fishing for pollock in waters from 0 nm 542 where Steller sea lion abundance between Atka mackerel inside critical to 3 nm from Hawadax Island/Krysi has experienced less decline. These habitat areas proximate to the islands Point, Tanadak, and Segula haulouts, closures are consistent with the around Seguam Pass (inside 12 nm) and and from 0 nm to 10 nm from Little performance standards in the FMP BiOp Atka mackerel beyond 12 nm (Chapter Sitkin haulout and Ayugudak rookery as (Section 8.2.2). The Council 11 in EIS). This new information described in Table 4 to 50 CFR part 679 recommended and NMFS proposes suggests that Atka mackerel outside of and shown in Figure 1. There would be these closures to protect Steller sea lion 12 nm in critical habitat follow no pollock fishing within critical habitat pollock prey resources while providing bathymetric contours extending from (from 0 nm to 20 nm) near the a limited area for pollock fishing where outside critical habitat to inside critical remaining Steller sea lion sites in Area pollock harvests have historically habitat approximately 12 nm from the 542. occurred in Area 542 (Section 3.4.3 in Steller sea lion sites at Agligadak, This proposed action would prohibit EIS and Section 5.3.4 in 2014 BiOp). , and Seguam Islands. This directed fishing for pollock in waters proposed action would open the area from 0 nm to 10 nm from rookeries and Atka Mackerel Fisheries Closures in shown in Figure 2 to Atka mackerel from 0 nm to 3 nm from haulouts east Area 541 fishing to disperse fishing effort, thereby of 178° W longitude as described in This proposed action would prohibit Table 4 to 50 CFR part 679 with an directed fishing with trawl gear inside preventing localized depletion where exception at Kanaga Island/Ship Rock. critical habitat in Area 541 as Atka mackerel is currently harvested This proposed action would prohibit implemented by the 2010 Interim Final outside critical habitat (Section 3.2 in directed fishing for pollock in waters Rule in Table 6 to 50 CFR part 679, EIS). from 0 nm to 3 nm from rookeries and except for a portion of critical habitat BILLING CODE 3510–22–P

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BILLING CODE 3510–22–C This proposed action would remove The Council recommended and Pacific Cod Non-Trawl Fisheries all jig gear closures outside of 3 nm from NMFS proposes these non-trawl gear Closures in Area 541 rookeries in Area 541, except the closures in Area 541 because they would provide vessels using non-trawl This proposed action would close closure of the Seguam Foraging Area, as gear access to the limited area within portions of critical habitat to hook-and- implemented by the 2010 Interim Final Area 541 that can be effectively fished. line and pot gear directed fishing for Rule in Table 5 to 50 CFR part 679, Pacific cod in Area 541. This proposed footnote 16. Jig vessels harvest a very These closures would prevent fishing in action would prohibit directed fishing small portion of the Pacific cod TAC in critical habitat that is used more for Pacific cod with hook-and-line and Area 541 and at a slow rate. Jig vessels frequently by foraging Steller sea lions, pot gear in waters from 0 nm to 3 nm are not likely to cause localized based on telemetry data (Section 5.3.4 in around rookeries west of 172.59° W depletion of Steller sea lion Pacific cod 2014 BiOp). Prohibiting the use of hook- longitude and in critical habitat from 0 prey resources in critical habitat and-line and pot gear in these closed nm to 20 nm east of 172.59° W (Section 2.1.1.3 in EIS). This proposed areas allows for consistent management longitude, as described in Table 5 to 50 action would also remove the January 1 of hook-and-line and pot gear and CFR part 679. Closing all critical habitat to March 1 closures for non-trawl gear avoids incentives to use alternative east of 172.59° W longitude in Area 541 as implemented by the 2010 Interim fishing gear to avoid Steller sea lion to directed fishing for Pacific cod with Final Rule in footnote 16 to Table 5 to protection measures (Section 3.3.3 in hook-and-line and pot gear would 50 CFR part 679. Removing this EIS). prevent expansion of the use of hook- restriction for fishing in critical habitat Pacific Cod Trawl Fisheries Closures in and-line and pot gear into a portion of in the winter would allow for further Area 541 Steller sea lion critical habitat that has temporal dispersion of fishing effort by not been fished historically (Section 3.3 non-trawl vessels (Section 2.1.2.3 in This proposed action would close in EIS). EIS). portions of critical habitat in Area 541

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to directed fishing by Federally the harvest of pollock is constrained in catch at offload rather than as a permitted vessels for Pacific cod with the winter when pollock harvests are calculation based on the proportion of trawl gear. This proposed action would most likely to occur and when pollock total catch onboard a vessel at a specific prohibit directed fishing for Pacific cod appears to be an important part of the time. Modifying MRA regulations in the with trawl gear in waters from 0 nm to Steller sea lion diet (Section 5.3.3 in Bering Sea portion of the combined 3 nm from haulouts and from 0 nm to 2014 BiOp). The harvest limit in Area Area 541/Bering Sea areas for Atka 10 nm from rookeries in Area 541, 541 is higher than in Area 542. This is mackerel would be expected to allow except this proposed action would consistent with the FMP BiOp standards greater retention of the incidental prohibit directed fishing for Pacific cod to provide more protection to Steller sea harvest of Atka mackerel in the Bering with trawl gear in waters from 0 nm to lions where more decline is evident Sea where directed fishing is closed. 20 nm from Agligadak Island, as (Section 8.2.2). The Council This would allow more Atka mackerel described in Table 5 to 50 CFR part 679. recommended and NMFS proposes this TAC to be harvested in the Bering Sea The additional critical habitat closure at pollock harvest limit to balance the subarea rather than the Aleutian Islands. Agligadak Island would prevent protection of Steller sea lion prey This would further disperse the harvest expansion of the Pacific cod trawl resources with providing the of Atka mackerel spatially relative to fishery into critical habitat near this opportunity for a pollock fishery in Area existing management measures. This rookery, where little fishing for Pacific 541. proposed action is intended to reduce cod with trawl gear has occurred regulatory discards of Atka mackerel Pollock Fisheries Closures in Area 541 historically (Section 3.3 in EIS). harvested in the Bering Sea subarea. This proposed action would remove This proposed action would prohibit the trawl closures as implemented by directed fishing for pollock in critical Removal of the Atka Mackerel Harvest the 2010 Interim Final Rule in Table 5 habitat from 0 nm to 10 nm from Limit Area (HLA) Fishery to 50 CFR part 679, footnote 14 that rookeries and from 0 nm to 3 nm from As implemented by the 2010 Interim prohibited directed fishing for Pacific haulouts in Area 541 as described in Final Rule, this proposed action would cod with trawl gear in waters from 0 nm Table 4 to 50 CFR part 679. Area 541 maintain the removal of the Atka to 10 nm from Steller sea lion sites in pollock closures are the least limiting mackerel HLA fishery. The 2010 Interim Area 541 year round and prohibited relative to Areas 542 and 543. This is Final Rule eliminated the HLA fishery directed fishing for Pacific cod with consistent with the performance by removing regulations at §§ 679.2, trawl gear within 10 nm to 20 nm from standards in the FMP BiOp to provide 679.4(b)(5), 679.20(a)(8)(iii), Steller sea lion haulouts and rookeries more protection to Steller sea lion prey 679.22(a)(8)(iv)(A), and 679.50(c)(1)(x); in Area 541 from June 10 to November where more decline is evident (Section and by revising Tables 5 and 6 to 50 1. The Council recommended and 8.2.2 in FMP BiOp). The Council CFR part 679, and regulations at NMFS proposes removing these closures recommended and NMFS proposes §§ 679.7(a)(19), 679.20(a)(8)(ii)(C), and because Steller sea lion population these closures to protect prey 679.20(c)(6). These removals and trends are better in Area 541 than in availability around important Steller sea revisions would be maintained under Areas 542 and 543. Imposing fewer lion sites while providing the this proposed action, except fishery restrictions in an area of opportunity to directed fish for pollock §§ 679.7(a)(19) and 679.20(a)(8)(ii)(C), improving Steller sea lion abundance is in Area 541 in locations where pollock which would be further revised, as consistent with the performance fisheries occurred historically (Section explained in the ‘‘Specific Regulatory standards of the FMP BiOp (Section 3.4 in EIS). The impact of the proposed Amendments’’ section of the preamble. 8.2.2). NMFS expects the majority of the pollock and Pacific cod fisheries Under the 2003 Steller sea lion Pacific cod TAC to be taken by trawl combined in Area 541 are expected to protection measures, the harvest of Atka gear in Area 541 in a similar manner as be similar to the impact of the Pacific mackerel inside Steller sea lion critical observed from 2004 through 2010. The cod fishery alone in Area 541 prior to habitat in Area 543 and the western Pacific cod harvest in Area 541 is 2014. Steller sea lion pup and non-pups portion of Area 542 was dispersed by expected to be taken in a spatially and increased at a non-significant rate from controlling the harvest of Atka mackerel temporally compressed fashion in 2004 through 2010 in Area 541 despite inside the HLA. The HLA included February and March. Overall Pacific cod temporally compressed Pacific cod and designated critical habitat and waters harvests in Area 541 are expected to be minimal pollock fishing. Thus, NMFS from 0 nm to 20 nm around other substantially constrained relative to does not expect the proposed Area 541 locations identified as important to harvests prior to 2010 due to the limited pollock fishery in combination with the Steller sea lions. A lottery system amount of TAC available with the limited harvests in the Pacific cod assigned vessels to platoons that were implementation of the Aleutian Islands fishery to reduce the survival or allowed to fish inside the HLA in Pacific cod TAC beginning in 2014 recovery of the central Aleutian Islands specific locations and at specific times. (Section 5.4.7 in 2014 BiOp). Steller sea sub-population of Steller sea lions The details of the HLA fishery are lion telemetry and Platform of (Section 7.3.1 of the 2014 BiOp). described in the 2003 final rule for Opportunity location data also show Steller sea lion protection measures (68 Revisions to the Calculation of very little spatial overlap between FR 204, January 2, 2003). Maximum Retainable Amount of Atka Steller sea lions and the Pacific cod The Council and NMFS Mackerel for Amendment 80 and CDQ trawl fishery in Area 541 (Section 5.3.4 recommended retaining the elimination Vessels in the Bering Sea Subarea in 2014 BiOp). of the HLA fishery because it does not This proposed action includes a disperse fishing temporally and Pollock Harvest Limit in Area 541 revision to the method for calculating spatially as well as fishing practices This proposed action would limit the maximum retainable amount (MRA) observed under the Amendment 80 harvest of pollock to no more than 30 of Atka mackerel for Amendment 80 Program. Since the implementation of percent of the Aleutian Islands ABC and CDQ Program vessels in the Bering the Amendment 80 Program in 2007 (72 during the A season in Area 541. This Sea subarea. The Council recommended FR 52668, September 14, 2007), the limit would apply to all harvest of and NMFS proposes to calculate the Amendment 80 fleet has modified their pollock. The harvest limit would ensure MRA based on a proportion of total fishing patterns for Atka mackerel

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resulting in a broader distribution of This proposed action would revise and December. Amendment 80 fishing and reduced catch rates relative § 679.23(e)(3)(ii) to extend the Atka cooperative and CDQ Program trawl to the HLA fishery. This change in mackerel B season in Areas 543, 542, vessels conduct their fishing under fishing patterns is due to the fact that and Area 541/Bering Sea relative to the catch share programs that temporally Atka mackerel is now harvested by 2010 Interim Final Rule. This proposed disperse harvest. It is expected that Amendment 80 cooperatives. The action would extend the B season until Amendment 80 cooperatives and CDQ cooperative management system under December 31, 1200 hours, A.l.t., relative Program trawl vessels will continue to the Amendment 80 Program removes to the November 1 season end date operate in a way that temporally the incentive for a race for fish and established by the 2010 Interim Final disperses harvest; therefore, the season provides the Amendment 80 fleet Rule. This season revision would apply is extended to December 31 to allow greater opportunity to spread the to the Aleutian Islands and Bering Sea additional temporal dispersion of harvest over time and area than the HLA subareas. The Council recommended harvests. This proposed change is fishery. Because the Amendment 80 and NMFS proposes these proposed consistent with performance standards Program is allocated almost all of the changes to the Area 543, Area 542, and that seek to temporally disperse harvest available Atka mackerel TACs in the Area 541/Bering Sea Atka mackerel of Steller sea lion prey species (Section Aleutian Islands, the fishing patterns of seasons to provide additional temporal 8.2.2 in FMP BiOp). Amendment 80 cooperatives are dispersion of Atka mackerel harvest by Pacific cod harvests by other trawl applicable to Atka mackerel fishing trawl gear. This temporal dispersion fishery sectors (i.e., non-Amendment 80 generally. would reduce the potential effects on Program and non-CDQ Program Regulations implementing the HLA Steller sea lion prey availability and participants) are not uniformly managed fishery required Atka mackerel to be provide additional time for Atka under a catch share program; therefore, harvested during discrete periods, mackerel fishing. This revision is these sectors may not temporally resulting in a greater concentration of consistent with the performance disperse their harvests. Therefore, no additional C season extension is Atka mackerel harvest than has been standard to temporally disperse harvest proposed for these other trawl fishery observed with cooperative management of Steller sea lion prey species (Section sectors. This proposed season change under the Amendment 80 Program. The 8.2.2 in FMP BiOp). The 2010 Interim Final Rule added a for Amendment 80 and CDQ Program HLA fishery is not necessary to limit provision at § 679.7(d)(10) prohibiting trawl vessels would balance the vessel participation as that occurs CDQ groups from exceeding the CDQ recognition that these sectors can spread through the provisions of the Atka mackerel seasonal allocations. This out their harvests temporally, while Amendment 80 Program cooperative. paragraph was redesignated as considering the importance of providing This proposed action would retain the § 679.7(d)(7) by a final rule for the CDQ Pacific cod prey resources to Steller sea elimination of the HLA fishery. program on March 2, 2012 (77 FR 6492, lions in winter. This proposed action Modified Atka Mackerel Trawl Gear February 8, 2012). This proposed action would provide greater overall temporal Season Dates and CDQ Seasonal would retain this prohibition, which is dispersion of Pacific cod harvests and Apportions consistent with seasonal harvest would not be expected to impact Steller limitations applied to non-CDQ Atka sea lion prey resource availability. This proposed action would largely mackerel fisheries. maintain the modified season dates for Pacific Cod Non-Trawl Seasons the Aleutian Islands Atka mackerel Prohibit the Harvest of Atka Mackerel This proposed action would remove trawl fishery and Atka mackerel CDQ Seasonal Rollover Inside Critical the prohibition on directed fishing for seasonal apportions as implemented by Habitat Pacific cod with non-trawl gear (jig, pot, the 2010 Interim Final Rule. The 2010 This proposed action would prohibit and hook-and-line) from November 1 to Interim Final Rule revised the reallocation, commonly known as a December 31, which was implemented §§ 679.20(a)(8)(ii)(A), 679.23(e)(3), and rollover, of Atka mackerel TAC that is by the 2010 Interim Final Rule under (e)(4)(iii) for the Atka mackerel season unused in one season to the following § 679.7(a)(23). Removing this dates and apportionments. Except for season during a calendar year if that prohibition would provide additional § 679.23(e)(3)(ii), this proposed action rollover would allow additional temporal dispersion of Pacific cod would not change the revisions harvests inside Steller sea lion critical fishing by vessels using non-trawl gear. established by the 2010 Interim Final habitat in Area 541/Bering Sea, Area Vessels using non-trawl gear are less Rule. This proposed action would 542, and Area 543. The Council likely to harvest amounts of Pacific cod, maintain the protection measures in recommended and NMFS proposes this or harvest at rates in November or § 679.20(a)(8)(ii)(A) implemented under provision to limit the amount of harvest December, that could result in localized the 2010 Interim Final Rule that evenly that could occur in critical habitat to depletion of Steller sea lion prey divide the harvest of TAC between the further protect Atka mackerel prey resources relative to trawl gear (Section A and B seasons and applied this resources for Steller sea lions inside 3.3 in EIS). seasonal apportionment of Atka critical habitat. mackerel harvests in Area 543, Area Kanaga Island/Ship Rock Groundfish 542, and the combined Area 541/Bering Pacific Cod Trawl Seasons Closure Sea. The 2010 Interim Final Rule This proposed action would extend This proposed action would maintain extended the Atka mackerel seasons by the Pacific cod trawl C season to the protection measures implemented changing the Atka mackerel trawl A December 31, 1200 hours, A.l.t., for under the 2010 Interim Final Rule that season end date and B season start date Amendment 80 and CDQ trawl vessels. close directed fishing for groundfish by to June 10 under § 679.23(e)(3)(i); this The Council recommended and NMFS Federally permitted vessels in waters was recommended by the Council and proposes extending the season to from 0 nm to 3 nm from the Kanaga NMFS to align the Atka mackerel December 31 for Amendment 80 and Island/Ship Rock rookery. This closure seasons with the Aleutian Islands CDQ Program trawl vessels to avoid was implemented by revising Table 12 pollock and Pacific cod trawl fisheries regulatory discard of Pacific cod to 50 CFR part 679. This site is listed as and to temporally disperse catch. harvested by trawl gear in November a haulout under critical habitat

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regulations (50 CFR 226.202); however, This proposed action would maintain least 10 times per hour. The Council recent information indicates that it now the closure to directed fishing for Atka recommended and NMFS proposes this functions as a rookery. The rookeries mackerel in the Bering Sea subarea and requirement because of the extent and listed in Table 12 to 50 CFR part 679 are adjacent State waters. This closure complexity of the proposed trawl surrounded by groundfish fishery would still allow for limited retention of closure areas in the Aleutian Islands closures that extend from 0 nm to 3 nm Atka mackerel consistent with MRAs reporting area. Monitoring is further from the site. established for Atka mackerel (Table 11 complicated by the overlap of these The Council recommended and to 50 CFR part 679). Historically, Atka proposed trawl closures with the NMFS proposes maintaining this mackerel has been caught and retained existing AIHCA closures. This closure to protect animals using this up to the amount permitted under requirement would apply to vessels location as a rookery from potential regulations for MRAs (see Table 11 to with an FFP that harvest groundfish disturbance by fishing vessels and to part 679) in some portions of Steller sea deducted from the Federal TAC to protect near shore Steller sea lion prey lion critical habitat in the Bering Sea. ensure the VMS requirement applies to trawl vessels participating in Federal resources. Very little groundfish catch However, directed fishing for Atka mackerel has not typically occurred and State parallel groundfish fisheries. has historically occurred in waters from historically in the Bering Sea. The The current transmission rate, 0 nm to 3 nm from this site. According Council recommended and NMFS commonly known as the polling rate, of to the FMP BiOp, this site is important proposes maintaining a directed fishery 2 times per hour could allow vessels to to Steller sea lions because it is one of closure for Atka mackerel in the Bering fish in significant portions of these the few locations in the Aleutian Islands Sea subarea and adjacent State waters to closed areas without detection (Section where Steller sea lion reproduction is directed fishing for Atka mackerel to 8.17.2 in EIS). The increased polling occurring. Maintaining the closure at limit the potential for increased harvests rate would limit the ability of a vessel this rookery would ensure it is treated in the Bering sea relative to historic to operate inside or through a closed consistently with other Steller sea lion harvest patterns. This proposed action area undetected. As described in rookery sites listed in Table 12 to 50 would allow some retention of Atka Section 2.1 of the EIS, vessels using CFR part 679. mackerel subject to MRA provisions. trawl gear have the capability of fishing Bering Sea Subarea Atka Mackerel Maintaining regulations that continue through a closed area without detection Directed Fishing Closure the current patterns of harvest of Bering if the polling rate of the transmission is Sea Atka mackerel is not likely to result less than 10 times per hour. The This proposed action would maintain in population level effects on Steller sea proposed increased polling rate would the closure of the Bering Sea subarea lions (Section 5.1.1 in EIS and Section apply only to vessels that harvest and adjacent State waters to directed 8.3.2.3 in FMP BiOp). groundfish with trawl gear because this fishing for Atka mackerel as proposed action does not establish the Including State Waters in Steller Sea implemented under the 2010 Interim same suite of complex closures for non- Lion Protection Measures Closure Areas Final Rule. The 2010 Interim Final Rule trawl gear. added § 679.7(a)(24), revised This proposed action would clarify Under this proposed action the § 679.22(a)(7)(vi), and removed Atka regulations at § 679.22 that Steller sea operator of the vessel would be required mackerel site specific closures for the lion protection measures apply to to set their VMS unit to transmit at least Bering Sea subarea from Table 6 to 50 vessels that catch groundfish that is 10 times per hour. NMFS notes that CFR part 679 to establish the Atka required to be deducted from a TAC some existing VMS units may not meet mackerel directed fishery closure in the under § 679.20 and are required to be the necessary operating standards to entire Bering Sea subarea and adjacent named on a Federal Fisheries Permit provide reliable transmissions to NMFS State waters. This proposed action issued under § 679.4(b). This would at least 10 times per hour. NMFS notes would maintain the prohibition under include vessels fishing in adjacent State that the vessel operator may need to § 679.7(a)(24) but redesignate this waters in parallel groundfish fisheries. obtain a VMS unit with the capabilities prohibition as paragraph (a)(19) to This revision would ensure closures necessary to ensure compliance with the consolidate the regulations. The closure from the 2003 Final Rule to implement proposed requirements. under § 679.22(a)(7)(vi) would be Steller sea lion protection are Specific Regulatory Amendments revised to clarify that State waters are implemented as intended and would be included in the Bering Sea Atka maintained by this proposed action (68 This proposed action would mackerel directed fishery closure. This FR 204, January 2, 2003). implement the following specific closure would apply to vessels that regulatory amendments. Table 1 lists the Vessel Monitoring System (VMS) catch groundfish that is required to be regulatory amendments from the 2010 Transmission deducted from a TAC under § 679.20 Interim Final Rule that this proposed and that are required to be named on a This proposed action would require action would retain and those that Federal Fisheries Permit issued under that vessel operators with an FFP using would be removed or revised. The § 679.4(b). The revisions to Table 6 to 50 trawl gear that harvest groundfish public is invited to submit comments on CFR part 679 would be maintained by deducted from the Federal TAC set their these regulations for NMFS’ this proposed action. VMS to transmit the vessel location at consideration.

TABLE 1—COMPARISON OF REGULATORY AMENDMENTS FROM THE 2010 INTERIM FINAL RULE AND THE PROPOSED ACTION

Regulatory amendments from the 2010 Interim Final Rule that would Regulatory amendments from the 2010 Interim Final Rule that would be retained in the proposed action be removed or revised by the proposed action

§ 679.2. Remove two definitions for the Harvest Limit Area (HLA) Atka § 679.7. Remove paragraphs (a)(19), (a)(23), and (a)(25). Redesignate mackerel fisheries. paragraph (a)(24) as paragraph (a)(19) and revise to include report- ing areas.

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TABLE 1—COMPARISON OF REGULATORY AMENDMENTS FROM THE 2010 INTERIM FINAL RULE AND THE PROPOSED ACTION—Continued

Regulatory amendments from the 2010 Interim Final Rule that would Regulatory amendments from the 2010 Interim Final Rule that would be retained in the proposed action be removed or revised by the proposed action

§ 679.4(b)(5). Revise to remove references to the HLA Atka mackerel § 679.20. Revise paragraph (a)(8)(ii)(C) harvest limits. fishery. § 679.7. Add paragraph (d)(10) for CDQ seasonal allowance for Atka § 679.22. Revise paragraphs (a)(7)(vi) and (a)(8)(iv). mackerel. § 679.20 Revise paragraphs (a)(8)(ii)(A) and (c)(6). Remove and re- § 679.23. Revise paragraph (e)(3)(ii) for Atka mackerel B season. serve (a)(8)(iii). § 679.22 Remove paragraph (a)(8)(iv)(A). Remove and reserve para- Tables 5 and 6 to 50 CFR part 679. Revise for new closures. graph (b)(6) due to expired regulations. § 679.23 Revise paragraphs (e)(3)(i) and (e)(4)(iii). Remove paragraphs (e)(4)(iv) and (e)(4)(v) due to expired regulations. § 679.50. Remove paragraph (c)(1)(x) observer coverage for HLA fish- ery. Table 12 to 50 CFR part 679. Revise to add Kanaga Island/Ship Rock.

Removal of Expired Regulations subarea and adjacent State waters under This proposed action would add The 2010 Interim Final Rule removed the 2010 Interim Final Rule in § 679.20(a)(7)(vii) to specify that the §§ 679.22(b)(6), 679.23(e)(4)(iv), and § 679.7(a)(24) would be retained by this Pacific cod harvest limit in Area 543 679.23(e)(4)(v) because these regulations proposed action and redesignated as would be based on Pacific cod had expired. Section 679.22(b)(6) closed paragraph § 679.7(a)(19) to consolidate abundance, as determined by the annual the Chiniak Gully Research Area during the regulations. The introductory text to stock assessment process. research on the effects of the pollock the new § 679.7(a)(19) would be revised This proposed action would revise fishery on local pollock prey to include the Bering Sea reporting areas § 679.20(a)(8)(ii)(C) to remove the Area abundance. This research has ended and to prevent confusion over the inclusion 542 critical habitat and Area 542 the closure is no longer needed to of State waters. Amendment 80 and CDQ harvest limits that were implemented by the 2010 support research (71 FR 31105, June 1, General Limitations 2006). Section 679.23(e)(4)(iv) and Interim Final Rule. These would be This proposed action would revise (e)(4)(v) applied to CDQ program season replaced with regulatory text that § 679.20 to add harvest limitations for provisions that had expired in describes the harvest limitations for pollock, Pacific cod, and Atka mackerel December 2002. This proposed action Atka mackerel in Areas 543 and 542. fisheries in Areas 541, 542, and 543. would maintain the removal of these This proposed action would revise Atka This proposed action would add mackerel harvest limits inside critical paragraphs implemented under the 2010 pollock harvest limitations during the A Interim Final Rule. habitat to allow no more than 60 percent season in Areas 541, 542, and 543. This of the annual TACs to be harvested west Prohibitions proposed action would add of 178° W longitude in Areas 542 and This proposed action would remove § 679.20(a)(5)(iii)(B)(6) to specify these 543. The seasonal apportionment of the §§ 679.7 (a)(19), (a)(23), and (a)(25) and pollock harvest limitations. Section critical habitat harvest in Areas 542 and redesignate § 679.7(a)(24) as paragraph 679.20(a)(5)(iii)(B)(6)(i), (ii), and (iii) 543 would be equally divided between (a)(19). would specify limits to pollock harvest the seasons. This proposed action also This proposed action would remove during the A season in Areas 543, 542, would revise § 679.20(a)(8)(ii)(C) to set § 679.7(a)(19) to remove the retention and 541. the annual TAC in Area 543 at no more prohibition for Atka mackerel and This proposed rule would add than 65 percent of the ABC in Area 543. Pacific cod in Area 543 under the 2010 subparagraphs (a)(7)(v) and (a)(7)(vi) to This proposed action would add a Interim Final Rule. correct an error that removed these subparagraph (D) to § 679.20(a)(8)(ii) to This proposed action would remove regulations. Regulations implementing prohibit the harvest of Atka mackerel § 679.7(a)(23) because this action the Amendment 80 Program inserted seasonal allowance that was rolled over removes the prohibition under the 2010 regulatory text to implement the from the A season to the B season inside Interim Final Rule for directed fishing allocation and seasonal apportionments critical habitat. for Pacific cod with hook-and-line, pot, of Pacific cod to the Amendment 80 This proposed action would add and jig gear in Areas 542 and 541 from sector in § 679.20(a)(7)(v), and inserted § 679.20(e)(3)(v) to modify MRA November 1, 1200 hours, A.l.t., through regulatory text in § 679.20(a)(7)(vi) regulations for Amendment 80 vessels December 31, 2400 hours, A.l.t. addressing the reallocation of and CDQ sectors operating in the Bering This proposed action would remove unharvested Pacific cod to Amendment Sea subarea to calculate MRAs for Atka § 679.7(a)(25) because this action 80 cooperatives (see the final rule mackerel as an incidental species on an removes the prohibition under the 2010 implementing Amendment 80 for offload-to-offload basis. Interim Final Rule for directed fishing additional detail (72 FR 52668, for Atka mackerel inside of critical September 14, 2007)). These provisions Closures habitat of Gramp Rock and Tag Island were removed in error by incorrect This proposed action would revise unless the participant is fishing under amendatory language in Amendment 85 § 679.22 to implement the Pacific cod, an Amendment 80 cooperative quota to the FMP (72 FR 50788, September 4, Atka mackerel, and pollock closures in permit or under authority of a CDQ 2007) that became effective on January the BSAI reporting areas proposed by allocation. 1, 2008. This proposed rule would add this action. Sections 679.22(a)(7) and The prohibition on Atka mackerel these subparagraphs to correct the (a)(8) titles and area references would be directed fishing in the Bering Sea regulations. revised from ‘‘subarea’’ to ‘‘reporting

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areas’’ to clarify that the closures are haulouts and rookeries in the Area 543 coordinates in columns 3, 4, and 5 for applicable to Federally permitted reporting area. Great Sitkin would be corrected to vessels required to deduct their catch In Table 4 to 50 CFR part 679, column match the coordinates for this site in from a TAC operating from 0 nm to 3 7 and the footnotes would be revised to Tables 4 and 6, which are the correct nm of Steller sea lions sites listed on reflect the closures for the pollock coordinates. Table 4, 5, 6, and 12 to 50 CFR part 679 directed fishery in the Aleutian Islands In Table 6 to 50 CFR part 679, column and in the Bering Sea reporting areas for reporting area. Corrections would be 7 and the footnotes would be revised to the Atka mackerel directed fishery made to Table 4 to ensure that all reflect the closures for the directed Atka closure in § 679.22(a)(7)(vi). Section closures are listed in column 7. mackerel fishery in the Aleutian Islands (a)(8)(iv) would be revised to remove the Footnotes 3, 4, 5, 7, and 9 to Table 4 reporting area. Column 7 of Table 6 jig gear closures. would be revised to use language would be revised to show the closures consistent with other footnotes for in Area 542. Footnotes 4 and 6 to Table Seasons prohibitions on fishing. A technical edit 6 would be revised to implement the This proposed action would extend would be made to footnote 10 to proposed closures in critical habitat in the Atka mackerel B season and the capitalize Federal. A technical edit Areas 543, 542, and 541 for directed Pacific cod trawl C season for the would be made to footnote 11 to specify fishing for Atka mackerel under this Amendment 80 and CDQ sectors. ‘‘gear types’’ instead of ‘‘gears types.’’ proposed action. A technical edit would Section 679.23(e)(3)(ii) would be revised Footnotes 13, 14, and 15 to Table 4 be made to footnote 5 to specify ‘‘gear to extend the Atka mackerel B season would be added to describe the open type’’ instead of ‘‘gears types.’’ Footnote end date to December 31. This proposed areas inside critical habitat at Shemya, 7 to Table 6 would be revised to action would add two subparagraphs to , and Kanaga where directed describe the open area inside critical § 679.23(e)(5)(ii)(C) to identify the C fishing for pollock may occur. habitat to the southeast of Seguam Pass season dates for catcher vessels and In Table 5 to 50 CFR part 679, in Area 541 where directed fishing for AFA catcher/processors and for columns 7, 8, and 9 and the footnotes pollock may occur. Amendment 80 and CDQ vessels. would be revised to reflect the closures for the directed Pacific cod fishery by Classification Equipment and Operational gear type in the Aleutian Islands Pursuant to sections 304(b) of the Requirements reporting area. A technical edit would Magnuson-Stevens Act, the NMFS Assistant Administrator has determined This proposed action would add be made to footnote 4 to specify ‘‘gear that this proposed action is consistent § 679.28(f)(7) to require 10 VMS type’’ instead of ‘‘gear types.’’ A with the FMP, other provisions of the transmissions of location per hour by technical edit would be made to footnote 5 to add a comma after ‘‘BA’’. Magnuson-Stevens Act, and other Federally permitted vessels in the A technical edit would be made to applicable law, subject to further Aleutian Islands reporting area using footnote 6 to read ‘‘hook-and-line.’’ considerations received during the trawl gear to harvest groundfish that is Footnotes 7 and 8 to Table 5 would be public comment period. deducted from a Federal TAC. revised to use language consistent with This proposed action has been Tables other footnotes for prohibitions on determined to be not significant for the fishing. Footnote 13 to Table 5 would be purposes of Executive Order (E.O.) This proposed action would revise revised to describe the closure that 12866. Tables 4, 5, and 6 to 50 CFR part 679. directed fishing for Pacific cod with Formal consultation under section 7 All references to subareas in these tables hook-and-line and pot gear is prohibited of the ESA was completed for this would be changed to areas. This change in waters from 0 nm to 3 nm from proposed action. On April 2, 2014, would ensure closures would apply to rookeries west of 172.59° W longitude NMFS issued a biological opinion (2014 State and Federal waters as appropriate and in waters located between 0 nm and BiOp) on the preferred alternative in the and would be implemented as stated in 20 nm east of 172.59° W longitude. EIS (Alternative 5, proposed action). the 2003 Final Rule for Steller Sea Lion Footnote 14 to Table 5 would be revised The 2014 BiOp found that the Protection Measures off Alaska (68 FR to specify directed fishing for Pacific implementation of the proposed action 204, January 2, 2003). cod with hook-and-line and pot gears and supporting research described in The designation of ‘‘Rat Island/Krysi would be prohibited only in waters Chapter 11 of the EIS were not likely to Pt.’’ on Tables 4, 5, and 6 would be located between 0 nm and 20 nm of jeopardize the continued existence of changed to ‘‘Hawadax Island/Krysi Pt.’’ these sites west of 170° W long. Steller sea lions or result in the based on the new name given to this Footnote 15 would be revised to specify destruction or adverse modification of island in 2012 after the removal of rats directed fishing for Pacific cod with its critical habitat. by the Island Conservation, U.S. Fish hook-and-line is prohibited in waters NMFS prepared a final environmental and Wildlife Service, and The Nature located between 0 nm and 10 nm on the impact statement for this proposed Conservancy. east side of 170° W long. and is action; a notice of availability was Because this proposed action would prohibited in waters located between 0 published on May 23, 2014 (79 FR allow retention of Atka mackerel and nm and 20 nm on the west side of 170° 29759). The EIS is described above Pacific cod in Area 543 and would W long. Footnote 16 to Table 5 would under ‘‘EIS and Preferred Alternative.’’ establish critical habitat closures to be deleted to remove the jig gear fishery Pursuant to Executive Order 13175, these fisheries in Area 543, the Steller closures and remove vessel size and NMFS mailed letters to approximately sea lion sites located in Area 543 would seasonal specific hook-and-line and pot 660 Alaska tribal governments, Alaska be added to Tables 5 and 6. These sites critical habitat closures that were Native Claims Settlement Act (ANCSA) were removed from Tables 5 and 6 by implemented under the 2010 Interim corporations, and related organizations the 2010 Interim Final Rule because it Final Rule. Footnote 17 to Table 5 providing information about the EIS and prohibited retention of Atka mackerel would be removed to eliminate soliciting consultation and coordination and Pacific cod in Area 543. This reference to the retention prohibition for with interested tribal governments and revision is needed to identify the Pacific cod in Area 543 implemented ANCSA corporations. NMFS received closure areas around Steller sea lions under the 2010 Interim Final Rule. The no comments from tribal government

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and ANCSA corporation fishing operations are small if they have vessels were identified with incidental representatives. Section 1.7 of the EIS less than $7 million in gross revenue (78 catches of Atka mackerel or Pacific cod provides more detail on NMFS’ FR 37398, July 22, 2013). during this period. None of these is outreach with Alaska tribal governments Of the 51 vessels identified as having believed to be a small entity. Fourteen and ANCSA corporations (see been active in directed Atka mackerel or fixed gear catcher vessels had incidental ADDRESSES). Pacific cod fisheries in 2010, 12 were catches during the period. All of these An Initial Regulatory Flexibility believed to constitute small entities. are considered to be small entities. Analysis (IRFA) was prepared for this One of these vessels was a pot catcher/ Average revenues from directly action, as required by section 603 of the processor, and the remaining operations regulated incidental catches per vessel- Regulatory Flexibility Act (RFA). An were trawl catcher vessels. The year, during the seven baseline years IRFA is required to include (a) a estimated average gross revenue for (2004 to 2010), are estimated to be about description of the reasons why action by these firms, in 2012, was about $1.4 $2,200. the agency is being considered; (b) s million. Note that firm revenues may An IRFA requires a description of any succinct statement of the objectives of, have been larger, if these firms had significant alternatives to the proposed and legal basis for, the proposed rule; (c) revenues from sources other than the action(s) that accomplish the stated a description of and, where feasible, an identified vessels. objectives, are consistent with estimate of the number of small entities Through the CDQ Program, NMFS applicable statutes, and that would to which the proposed rule will apply; allocates a portion of the BSAI minimize any significant economic (d) a description of the projected groundfish TACs, and apportions impact of the proposed action on small reporting, recordkeeping and other prohibited species catch limits for entities. Chapter 9 of the EIS compares compliance requirements of the Pacific halibut, Pacific salmon, and the proposed action (Alternative 5) to proposed rule; (e) an identification, to several crab species, to 65 eligible the other alternatives. A main difference the extent practicable, of all relevant Western Alaska communities. These among Alternatives 1 and 6 and Federal rules which may duplicate, communities work through six non- Alternatives 2, 3, 4, and 5 is that the overlap or conflict with the proposed profit CDQ groups, and are required to retention prohibitions under rule; (f) a description of any significant use the net proceeds from the CDQ Alternatives 1 and 6 are not included in alternatives to the proposed rule which allocations to start or support activities Alternatives 2, 3, 4, and 5. In contrast accomplish the stated objectives of that will result in ongoing, regionally- to Alternatives 1 and 6, where no applicable statutes and which minimize based, commercial fishery or related retention is allowed in portions or all of any significant economic impact of the businesses. The CDQ groups receive the Aleutian Islands for some or all of proposed rule on small entities. A allocations through the specifications the important Steller sea lion prey description of the action, why it is being process and are directly regulated by species, under Alternatives 2 through 5, considered and the legal basis for this this action, but the 65 communities are fishermen would be able to retain action are contained at the beginning of not directly regulated. Because the six Steller sea lion prey species up to the this section in the preamble and in the CDQ groups are explicitly defined as maximum retainable amounts (MRAs) SUMMARY section of the preamble. A small nonprofit entities within the RFA, specified in Table 11 to 50 CFR part summary of the remainder of the IRFA they are small entities for purposes of 679. follows. A copy of the IRFA is available this analysis. The alternatives for pollock ranged from NMFS (see ADDRESSES). As previously noted, the Aleut from Alternative 6, an alternative that The entities directly regulated by this Corporation receives all of the pollock would restrict fishing more than the action include: (1) Business firms directed fishing allocation in Areas 541, status quo alternative (Alternative 1), to operating trawl catcher/processors and 542, and 543. The Aleut Corporation is Alternatives 2, 3, 4, and 5 that allow for catcher vessels, and non-trawl catcher/ an Alaska Native Corporation, and is a more pollock fishing outside and inside processors and catcher vessels, fishing holding company evaluated according critical habitat than the other for Atka mackerel and Pacific cod, in to the Small Business Administration alternatives. Additional description of the three Aleutian Island management criteria at 13 CFR 121.201, using a $7 the alternatives is available in the EIS areas (Areas 541, 542, and 543); (2) CDQ million gross annual receipts threshold and not addressed further here (see groups that receive allocations of Atka for ‘‘Offices of Other Holding ADDRESSES). For pollock, Alternatives 1, mackerel, Pacific cod, and pollock in Companies’’ (NAICS code 551112). 2, and 6 would have greater adverse these three Aleutian Island management Aleut Corporation revenues exceed this economic impacts on directly regulated areas; (3) the Aleut Corporation, which threshold (gross revenues were small entities relative to Alternative 5. receives an allocation of pollock in the approximately $159 million in 2010), The protection measures under Aleutian Islands; and (4) vessels taking and the Aleut Corporation is considered Alternative 5 are similar to those under Atka mackerel or Pacific cod as to be a large entity for purposes of this Alternatives 3 and 4, which are incidental catches in Area 543. The analysis (Table 8–39 in EIS). identical, and would be less restrictive Aleut Corporation is directly regulated Some vessels with incidental catch of on small entities than other alternatives by the pollock measures under this Atka mackerel and Pacific cod may be (Section 8.7 in RIR). Alternative 5 only proposed action because it receives the directly regulated by this action in Area differs from Alternatives 3 and 4 in that pollock allocation and has discretion 543. Alternative 1, the status quo it includes management area specific A- over its disposition. The fishing alternative, prohibits retention of Atka season harvest limits, and increases operations contracted to the Aleut mackerel or Pacific cod in Aleutian critical habitat closures in Area 542. The Corporation are not considered directly Islands management area 543. The A-season harvest limits are 5 percent of regulated. The Small Business preferred alternative (i.e., proposed the ABC in Area 543, 15 percent of the Administration defines a small action) does not prohibit retention. A ABC in Area 542, and 30 percent of the commercial finfish fishing entity as one prohibition on retention directly ABC in Area 543. that has annual gross sales of less than regulates vessels that would have As discussed in Section 7 of the RIR $19 million; a shellfish fishing small otherwise retained these species in this (see ADDRESSES), NMFS is unable to entity is one with less than $5 million management area. Six separate fixed estimate the potential production, or the annual gross revenue, and other marine gear catcher/processors or trawl catcher location of production, under the

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different alternatives, and so is unable As discussed in Section 8 of the RIR, (‘‘Enforcement’’) of the RIR (see to determine whether or not the area Alternative 4 is a less restrictive ADDRESSES). NMFS estimates that the constraints for pollock fishing would be alternative to directly regulated small increase in the polling rate will increase binding. However, these area constraints entities participating in Aleutian Islands VMS costs by about $400 per year for are not present in Alternatives 3 and 4. Atka mackerel fisheries than Alternative trawl catcher vessels and catcher/ Those alternatives may be somewhat 5. However, the Steller Sea Lion processors operating in the Aleutian less burdensome for small entities than Mitigation Committee and the Council Islands, except for trawl catcher/ Alternative 5. Management area limits did not recommend Alternative 4 as its processors targeting Atka mackerel. were introduced to provide control over preferred alternative. Alternative 4 is Trawl catcher/processors targeting Atka potential harvests in a new pollock nearly identical to the proposed action mackerel are expected to incur costs of fishery of unknown potential, providing that was found to result in jeopardy for about $1,200 per year; however, these more protection for Steller sea lion prey. Steller sea lions in the FMP BiOp. are all large entities. Although all The restrictions are more stringent in Alternative 5 may provide somewhat vessels are required to have a Federal the western areas, where Steller sea lion more protection for Steller sea lion prey fisheries permit (FFP), and all vessels abundance is declining (consistent with in Area 543, where Steller sea lion fishing in the Aleutian Islands are the FMP BiOp performance standards in population declines have been larger required to have and operate VMS, some Section 8.2.2). The extension of the 542 than elsewhere. of the impacted vessels may have to closure areas for Steller sea lion The alternatives for Pacific cod ranged replace existing VMS units to meet the haulouts and rookeries located west of from Alternative 6, an alternative that polling rate and reliability requirements. 178ß W longitude to 20 nm (Table 2–22 would restrict fishing more than the While NMFS is unable to estimate the in EIS) under Alternative 5, may also status quo alternative (Alternative 1), to number of entities which may be contribute to making this alternative Alternative 4, the alternative that would required to replace VMS units to more restrictive than Alternatives 3 and allow the most fishing opportunities. provide the required unit reliability, the 4. The extension also was included in Alternatives 2, 3, and 5 provided more estimated cost for an additional unit is Alternative 5 to provide more protection fishing opportunities and fewer about $3,500 (including installation). to the Steller sea lion rookeries and protection measures than Alternative 6, No duplication, overlap, or conflict haulouts that have experienced but included more protection measures between this proposed action and relatively greater declines in Steller sea than Alternative 4. Additional existing Federal rules has been lion abundance compared to sites description of the alternatives is identified. available in the EIS and not addressed located farther east. Collection-of-Information Requirements further here (see ADDRESSES). For Pacific The alternatives for Atka mackerel cod, Alternatives 1, 2, 3, and 6 would This rule contains a collection-of- ranged from Alternative 6, an alternative have greater adverse economic impact information requirement for the Alaska that would restrict fishing more than the on directly regulated small entities Vessel Monitoring System (VMS) status quo alternative (Alternative 1), to relative to Alternative 5. Alternative 5 is Program which is subject to the Alternative 4, the alternative that would most closely comparable with Paperwork Reduction Act (PRA) and allow the most fishing opportunities. Alternative 4. However, Alternative 4 which has been submitted to the Office Alternatives 2, 3, and 5 provided more may be less restrictive to small entities of Management and Budget (OMB) fishing opportunities and fewer because Alternative 5 (Table 2–18 in under control number 0648–0445. This protection measures than Alternative 6, EIS) adds a harvest limit for Pacific cod rule would increase the number of but included more protection measures in Area 543 in proportion to the annual transmissions or VMS polling rate, from than Alternative 4. Additional stock assessment. Alternative 4 was not 2 per hour to 10 per hour when a vessel description of the alternatives is selected as the preferred alternative is trawl fishing in the Aleutian Islands; available in the EIS and not addressed because it may provide less protection however, VMS transmissions are not further here (see ADDRESSES). For Atka for Steller sea lion prey than Alternative counted as burden, because they are mackerel, Alternatives 1, 2, and 6 would 5, increasing the potential of adverse automatic. Some vessels may incur have greater adverse economic impact effects on Steller sea lion prey resources additional operating costs due to the on directly regulated small entities in Area 543. increase in the VMS polling rate, or they relative to Alternative 5. Alternative 5 is An IRFA should include ‘‘a may have to replace existing VMS units most comparable to Alternative 3 and description of the projected reporting, to meet the polling rate and reliability the effects on small entities in the recordkeeping, and other compliance requirements. As discussed above, limited access trawl fishery, and CDQ requirements of the proposed action, NMFS estimates that the increase in the groups receiving Atka mackerel including an estimate of the classes of polling rate will increase VMS costs by allocations may be similar to those small entities that will be subject to the about $400 per year for trawl catcher under Alternative 3. Alternatives 3 and requirement and the type of professional vessels and catcher/processors operating 5 are the same in Areas 541 and 542. skills necessary for preparation of the in the Aleutian Islands, except for trawl They differ in Area 543 in that report or record.’’ catcher/processors targeting Atka Alternative 3 closes additional waters NMFS proposes a regulatory mackerel. Trawl catcher/processors around Buldir Island compared to amendment requiring an increase in targeting Atka mackerel are expected to Alternative 5. However, Alternative 5 VMS polling rates. Polling rates would incur costs of about $1,200 per year; sets a TAC limit in Area 543 equal to 65 be increased from 2 per hour to 10 per however, these are all large entities. percent of ABC that is not included in hour for all trawl vessels holding a Although all vessels are required to Alternative 3. Alternative 5 may be Federal Fisheries Permit and fishing for have a Federal fisheries permit (FFP), somewhat more restrictive in Area 543 groundfish that is required to be and all vessels fishing in the Aleutian than Alternative 3. However, the deducted from a Federal groundfish Islands are required to have and operate Alternative 5 TAC limit is included to TAC in the Aleutian Islands. A detailed VMS, some of the impacted vessels may prevent excessive harvest of Atka discussion of the need for this increased have to replace existing VMS units to mackerel and potential adverse impacts VMS requirement, and its implications, meet the polling rate and reliability on Steller sea lion prey resources. is included in Section 8.18.2 requirements. While NMFS is unable to

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estimate the number of entities which Dated: June 19, 2014. Table 33 to this part. Separate may be required to replace VMS units Samuel D. Rauch III, allocations for each Amendment 80 to provide the required unit reliability, Deputy Assistant Administrator for cooperative and the Amendment 80 the estimated cost for an additional unit Regulatory Programs, National Marine limited access fishery are described is about $3,500 (including installation). Fisheries Service. under § 679.91. The allocation of Pacific cod to the Amendment 80 sector will be Estimates of burden include the time For reasons set out in the preamble, further divided into seasonal for reviewing instructions, searching 50 CFR part 679 is proposed to be apportionments as described under existing data sources, gathering and amended as follows: paragraph (a)(7)(iv)(A)(1)(ii) of this maintaining the data needed, and PART 679—FISHERIES OF THE section. completing and reviewing the collection (A) Use of seasonal apportionments of information. Send comments on these EXCLUSIVE ECONOMIC ZONE OFF ALASKA by Amendment 80 cooperatives. (1) The or any other aspects of the collection of amount of Pacific cod listed on a CQ information to NMFS at the ADDRESSES ■ 1. The authority citation for part 679 permit that is assigned for use in the A above, and email to OIRA Submission@ continues to read as follows: season may be used in the B or C omb.eop.gov, or fax to 202–395–5806. Authority: 16 U.S.C. 773 et seq.; 1801 et season. Public comment is sought regarding: seq.; 3631 et seq.; Pub. L. 108–447. (2) The amount of Pacific cod that is whether this proposed collection of listed on a CQ permit that is assigned ■ information is necessary for the proper 2. In § 679.7, for use in the B season may not be used ■ a. Remove paragraphs (a)(19), (a)(23), performance of the functions of the in the A season. and (a)(25); agency, including whether the (3) The amount of Pacific cod listed ■ b. Redesignate paragraph (a)(24) as information shall have practical utility; on a CQ permit that is assigned for use paragraph (a)(19); and the accuracy of the burden estimate; in the C season may not be used in the ■ c. Revise the newly redesignated ways to enhance the quality, utility, and A or B seasons. paragraph (a)(19). (B) Harvest of seasonal clarity of the information to be The revisions read as follows: collected; and ways to minimize the apportionments in the Amendment 80 burden of the collection of information, § 679.7 Prohibitions. limited access fishery. (1) Pacific cod ITAC assigned for harvest by the including through the use of automated (a) * * * collection techniques or other forms of Amendment 80 limited access fishery in (19) Atka mackerel directed fishing in the A season may be harvested in the B information technology. Send comments the Bering Sea reporting areas. Conduct on these or any other aspects of the seasons. directed fishing for Atka mackerel in the (2) Pacific cod ITAC assigned for collection of information to NMFS at the Bering Sea subarea and adjacent State harvest by the Amendment 80 limited ADDRESSES above, and email to OIRA_ waters with a vessel required to be access fishery in the B season may not [email protected], or fax to Federally permitted. be harvested in the A season. (202) 395–5806. * * * * * (3) Pacific cod ITAC assigned for Notwithstanding any other provision ■ 3. In § 679.20, harvest by the Amendment 80 limited of the law, no person is required to ■ a. Add paragraphs (a)(5)(iii)(B)(6), access fishery in the C season may not respond to, nor shall any person be (a)(7)(v), (a)(7)(vi), (a)(7)(vii); be harvested in the A or B seasons. subject to a penalty for failure to comply ■ b. Revise paragraph (a)(8)(ii)(C); and (vi) ITAC rollover to Amendment 80 with, a collection of information subject ■ c. Add paragraphs (a)(8)(ii)(D), and cooperatives. If during a fishing year, to the requirements of the PRA, unless (e)(3)(v). the Regional Administrator determines that collection of information displays a The additions and revisions read as that a portion of the Pacific cod TAC is currently valid OMB control number. follows: unlikely to be harvested and is made All currently approved NOAA available for reallocation to the § 679.20 General limitations. collections of information may be Amendment 80 sector according to the viewed at: http://www.cio.noaa.gov/ (a) * * * provisions under paragraph (a)(7)(iii) of services_programs/prasubs.html. (5) * * * this section, the Regional Administrator (iii) * * * may issue inseason notification in the Comment Period for the Proposed (B) * * * Federal Register that reallocates that Action (6) Pollock harvest limitations. remaining amount of Pacific cod to Pollock harvests during the A season as NMFS normally provides 30 days for Amendment 80 cooperatives, according defined at § 679.23(e)(2) are limited to: to the procedures established under public review and comments on (i) No more than 5 percent of the proposed actions. Due to the scope and § 679.91(f). Aleutian Islands pollock ABC in Area (vii) Pacific cod harvest limitations. controversy of this proposed action, 543. During the annual harvest specifications NMFS is providing a 45-day comment (ii) No more than 15 percent of the process, the Regional Administrator will period. NMFS anticipates that a 45-day Aleutian Islands pollock ABC in Area establish an Area 543 Pacific cod comment period should provide 542. harvest limit based on Pacific cod adequate opportunity for public review (iii) No more than 30 percent of the abundance in Area 543 as determined and comment while providing NMFS Aleutian Islands pollock ABC in Area by the annual stock assessment process. sufficient time to complete rulemaking 541. After subtraction of the State GHL for the revised Steller sea lion * * * * * Pacific cod amount from the AI Pacific protection measures to meet the court- (7) * * * cod ABC, the harvest limit in Area 543 ordered deadline of January 1, 2015. (v) ITAC allocation to the Amendment will be determined by multiplying the List of Subjects in 50 CFR Part 679 80 sector. A percentage of the Pacific percentage of Pacific cod estimated in cod TAC, after subtraction of the CDQ Area 543 by the adjusted ABC for AI Alaska, Fisheries, Reporting and reserve, will be allocated as ITAC to the Pacific cod. recordkeeping requirements. Amendment 80 sector as described in (8) * * *

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(ii) * * * (7) Steller sea lion protection areas, (2) Amendment 80 and CDQ. From (C) Atka mackerel harvest limitations. Bering Sea reporting areas. 1200 hours, A.l.t., June 10 through 1200 (1) Atka mackerel catch within waters 0 * * * * * hours, A.l.t., December 31. nm to 20 nm of Steller sea lion sites (vi) Atka mackerel closures. Directed * * * * * listed in Table 6 to this part and located fishing for Atka mackerel by vessels ■ 6. In § 679.28, revise paragraph west of 178° W longitude is: named on a Federal Fisheries Permit (f)(3)(i) and add paragraph (f)(7) to read (i) Limited to no more than 60 percent under § 679.4(b) and using trawl gear is as follows: of the annual TACs in Areas 542 and prohibited within the Bering Sea 543; and reporting areas. § 679.28 Equipment and operational (ii) Equally divided between the A * * * * * requirements. and B seasons as defined at (8) Steller sea lion protection areas, * * * * * § 679.23(e)(3). Aleutian Islands reporting areas. (2) The annual TAC in Area 543 will (f) * * * be no more than 65 percent of the ABC * * * * * (iv) Pacific cod closures. Directed (3) * * * in Area 543. fishing for Pacific cod required to be (D) Any unharvested Atka mackerel A (i) Obtain a NMFS-approved VMS deducted from the Federal TAC season allowance that is added to the B transmitter with transmission specified at § 679.20 by vessels named season is prohibited from being capabilities required for the areas of on a Federal Fisheries Permit under harvested within waters 0 nm to 20 nm vessel operation and have it installed § 679.4(b) using trawl, hook-and-line, or of Steller sea lion sites listed in Table onboard your vessel in accordance with pot gear is prohibited within Pacific cod 6 to this part and located in Areas 541, the instructions provided by NMFS. no-fishing zones around selected sites. 542, and 543. You may get a copy of the VMS These sites and gear types are described installation and operation instructions * * * * * in Table 5 of this part and its footnotes from the Regional Administrator upon (e) * * * and are identified by ‘‘AI’’ in column 2. request. (3) * * * (v) For all vessels not listed in subpart * * * * * * * * * * ■ 5. In § 679.23, revise paragraphs F of this section, the maximum (e)(3)(ii) and (e)(5)(ii)(C) to read as (7) What additional requirements retainable amount for Atka mackerel follows: does an operator have if trawling in the harvested in the Bering Sea subarea is Aleutian Islands reporting areas? calculated at the end of each offload and § 679.23 Seasons. Operators of vessels named on a Federal is based on the basis species harvested * * * * * Fisheries Permit under § 679.4(b), and since the previous offload. For purposes (e) * * * that are using trawl gear in the Aleutian of this paragraph, offload means the (3) * * * Islands reporting areas to harvest removal of any fish or fish product from (ii) B season. From 1200 hours, A.l.t., groundfish that is required to be the vessel that harvested the fish or fish June 10 through 1200 hours, A.l.t., deducted from a Federal TAC specified product to any other vessel or to shore. December 31. at § 679.20, must set their VMS to * * * * * * * * * * transmit the vessel location at least 10 ■ 4. In § 679.22, revise paragraphs (a)(7) (5) * * * times per hour. heading, (a)(7)(vi), (a)(8) heading, and (ii) * * * * * * * * (a)(8)(iv) to read as follows: (C) C season— (1) Catcher vessels and AFA catcher/processors. From 1200 ■ 7. Revise Table 4 to Part 679 to read § 679.22 Closures. hours, A.l.t., June 10 through 1200 as follows: (a) * * * hours, A.l.t., November 1. BILLING CODE 3510–22–P

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■ 8. Revise Table 5 to Part 679 to read as follows:

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■ 9. Revise Table 6 to Part 679 to read as follows:

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[FR Doc. 2014–14972 Filed 6–30–14; 8:45 am] BILLING CODE 3510–22–C

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