Notices. Proposed 2003 initial specifications for groundfish and associated management measures; apportionment of reserves; request for comments

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BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 021122285-2285-01; I.D. 110602C] Fisheries of the Exclusive Economic Zone off Alaska; Bering Sea and Aleutian Islands; Proposed 2003 Harvest Specifications for Groundfish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed 2003 initial specifications for groundfish and associated management measures; apportionment of reserves; request for comments.

SUMMARY: NMFS proposes 2003 initial harvest specifications, prohibited species bycatch allowances, and associated management measures for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits and associated management measures for groundfish during the 2003 fishing year and to accomplish the goals and objectives of the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMP).

The intended effect of this action is to conserve and manage the groundfish resources in the BSAI and to provide an opportunity for public participation in the annual groundfish specification process as conducted by the North Pacific Fishery Management Council (Council). DATES: Comments must be received by January 13, 2003. ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, National Marine Fisheries Service, P.O.

Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel, or delivered to room 401 of the Federal Building, 709 West 9th Street, Juneau, AK. Comments also may be sent via facsimile

(fax)to 907-586-7557. Comments will not be accepted if submitted via e-mail or Internet. Copies of the draft Environmental Assessment/Initial Regulatory Flexibility Analysis (EA/IRFA) prepared for this action are available from NMFS (see ADDRESSES ) and comments must be received by December 20, 2002. Copies of the final 2001 Stock Assessment and Fishery Evaluation

(SAFE)report, dated November 2001, are available from the North Pacific Fishery Management Council, West 4th Avenue, Suite 306, Anchorage, AK 99510-2252 (907-271-2809). FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228 or e-mail at *mary.furuness@noaa.gov.* SUPPLEMENTARY INFORMATION: Background for the 2003 Proposed Harvest Specifications Groundfish fisheries in the BSAI are governed by Federal regulations at 50 CFR part 679 that implement the FMP. The Council prepared the FMP and NMFS approved it under the Magnuson-Stevens Fishery Conservation and Management Act. General regulations governing U.S. fisheries also appear at 50 CFR part 600. The FMP and its implementing regulations require NMFS, after consultation with the Council, to specify annually the total allowable catch

(TAC)for each target species and the “other species” category, the sum of which must be within the optimum yield range of 1.4 million to 2.0 million metric tons

(mt)(§ 679.20(a)(1)(i)). Regulations under § 679.20(c)(1) further require NMFS to solicit public comment on proposed annual TACs, apportionments thereof, and prohibited species catch

(PSC)allowances, and to publish proposed specifications in the **Federal Register** . The proposed specifications set forth in Tables 1 through 13 of this action satisfy these requirements. For 2003, the proposed sum of TACs is 1,998,540 mt. Under § 679.20(c)(3), NMFS will publish the final annual specifications for 2003 after

(1)considering comments received within the comment period (see DATES ),

(2)consulting with the Council at its next meeting beginning December 2, 2002, and

(3)considering new information presented in the EA, the final 2002 SAFE reports, and in the section 7 consultation prepared for the 2003 groundfish fisheries. With some exceptions, regulations at § 679.20(c)(2)(ii) require that one-fourth of each proposed initial TAC

(ITAC)amount and apportionment thereof, one-fourth of each Community Development Quota

(CDQ)reserve established under § 679.20(b)(1)(iii), and one-fourth of each proposed PSC allowance established under § 679.21, become available at 0001 hours Alaska local time (A.l.t.), January 1, on an interim basis and remain in effect until superseded by the final specifications. Regulations that will be effective with the final rule to implement the Steller sea lion protection measures provide that the proposed first seasonal allowance for pollock, Pacific cod and Atka mackerel becomes available at 0001 hours, A.l.t., January 1 on an interim basis and remains in effect until superseded by the final specifications. Regulations at § 679.20(c)(2)(ii) do not provide for an interim specification for either the hook-and-line and pot gear sablefish CDQ reserve or for sablefish managed under the Individual Fishing Quota

(IFQ)program. Interim TAC specifications and apportionments thereof for the 2003 fishing year will be published in a separate **Federal Register** notice. Other Rules Affecting the 2003 Specifications At its October 2002 meeting, the Council recommended the extension of the closure of the Aleutian Islands pollock fishery through 2003 as a precautionary component of the Steller sea lion protection measures implemented under separate rulemaking. The Council also indicated that they may consider apportionment of the TAC of several rockfish species in the Aleutian Islands subarea among the Eastern, Central and Western Aleutian districts. A final rule implementing regulatory provisions of the American Fisheries Act

(AFA)will be published in the **Federal Register** and effective for 2003. In order to minimize confusion, the proposed specifications also identify sideboard amounts for the AFA fisheries that will be available under the final rule. Also, NMFS has initiated rulemaking to permanently implement the Steller sea lion protection measures for 2003 and beyond. To minimize confusion and provide clarity to the 2003 specification process, we have included in the proposed 2003 harvest specifications pollock, Pacific cod and Atka mackerel seasonal allowances that are consistent with the existing protection measures. Proposed Acceptable Biological Catch

(ABC)and TAC Specifications The proposed ABC levels are based on the best available scientific information, including projected biomass trends, information on assumed distribution of stock biomass, and revised technical methods used to calculate stock biomass. In general, the development of ABCs and overfishing levels

(OFLs)involves sophisticated statistical analyses of fish populations and is based on a successive series of six levels, or tiers, of reliable information available to fishery scientists. The best information currently available is set forth in appendix A of the final SAFE report for the 2001 BSAI groundfish fisheries dated November 2001 (see ADDRESSES ). Information on the status of stocks will be updated with the 2002 survey results and reconsidered by the Plan Team at its November 2002 meeting. At their October 2002 meeting, the Scientific and Statistical Committee (SSC), Advisory Panel (AP), and Council reviewed the Plan Team's preliminary recommendations to project 2003 biomass amounts as identified in the 2001 SAFE for the proposed 2003 ABC, OFL, and TAC amounts. The SSC concurred with the Plan Team's recommendations, which included a new approach for updating the ABCs and OFLs by using an estimate of 2002 catch with the November 2001 SAFE report model projections of 2003 ABCs for groundfish stocks managed at tiers 1-3. This procedure results in closer approximations to the final 2003 specifications and therefore provides the Council and the public with better information. The Council adopted the OFL and ABC amounts recommended by the SSC (Table 1). The Council also adopted the AP's recommendations for the 2003 proposed TACs to be set equal to the 2002 TACs, except for yellowfin sole, northern rockfish and Atka mackerel. Recognizing anticipated changes in the ABCs for these species, the AP recommended and the Council adopted a decrease in the TACs for yellowfin sole and northern rockfish and an increase in the Atka mackerel TAC. The Council adopted the AP's recommendation to use the 2002 PSC allowances for 2003. They will reconsider these amounts at the December 2002 Council meeting after new status of stocks information is incorporated by the Plan Team into a final SAFE report for the 2003 BSAI groundfish fishery. None of the Council's TAC recommendations for 2003 exceed the recommended ABC for any species category. Therefore, NMFS finds that the Council's recommendations for proposed 2003 OFLs, ABCs, and TACs are consistent with the best available information on the biological condition of the groundfish stocks. Table 1 lists the proposed 2003 OFLs, ABC amounts, and TAC amounts for groundfish in the BSAI. The proposed apportionment of TAC amounts among fisheries and seasons is discussed below. Table 1.—Proposed 2003 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation, and Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands AREA

(BSAI)1 [All amounts are in mt] Species Area Overfishing level ABC TAC ITAC 2 CDQ reserve 3 Pollock 4 Bering Sea

(BS)2 Aleutian Islands

(Al)2 Bogoslof District 2,594,000 31,700 46,400 2,088,880 23,800 4,310 1,485,000 1,000 100 1,283,040 900 90 148,500 100 10 Pacific cod BSAI 292,680 252,020 200,000 170,000 15,000 Sablefish 5 BS AI 3,150 4,190 2,100 2,770 1,930 2,550 821 541 265 431 Atka mackerel BSAI Western AI Central AI Eastern AI/BS 100,115 59,600 23,960 28,950 6,690 59,600 23,960 28,950 6,690 50,660 20,366 24,607 5,687 4,470 1,797 2,171 502 Yellowfin sole BSAI 135,630 114,370 76,000 64,600 5,700 Rock sole BSAI 242,585 203,870 54,000 45,900 4,050 Greenland turbot BSAI BS AI 33,370 27,590 18,485 9,105 8,000 5,360 2,640 6,800 4,556 2,244 600 402 198 Arrowtooth flounder BSAI 120,010 99,285 16,000 13,600 1,200 Flathead sole BSAI 90,850 74,440 25,000 21,250 1,875 Other flatfish 6 BSAI 21,800 18,100 3,000 2,550 225 Alaska plaice BSAI 170,915 142,070 12,000 10,200 900 Pacific ocean perch BSAI BS Western AI Central AI Eastern AI 17,850 15,060 2,666 5,759 3,114 3,521 14,800 2,620 5,660 3,060 3,460 12,580 2,227 4,811 2,601 2,941 1,110 197 425 230 260 Northern rockfish BSAI BS Al 5,580 4,700 13 4,687 11 3,984 1 352 Shortraker/rougheye BSAI BS Al 1,369 1,028 116 912 99 775 9 68 Other rockfish 7 BS Al 482 901 361 676 361 676 307 575 27 51 Squid BSAI 2,620 1,970 1,970 1,675 Other species 8 BSAI 78,900 39,100 30,825 26,201 2,312 TOTAL 3,995,097 3,176,100 1,998,540 1,770,618 187,225 1 These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these specifications, the Bering Sea

(BS)subarea includes the Bogoslof District. 2 Except for pollock and the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC is put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of these reserves. The Aleutian Islands

(AI)subarea and the Bogoslof District are closed to directed fishing for pollock. The amounts specified are for incidental catch amounts only, and are not apportioned by season, sector or put into a reserve. 3 Except for pollock and the hook-and-line or pot gear allocation of sablefish, one half of the amount of the TACs placed in reserve, or 7.5 percent of the TACs, is designated as a CDQ reserve for use by CDQ participants (see §§ 679.20(b)(1)(iii) and 679.31). 4 The AFA requires that 10 percent of the annual pollock TAC be allocated as a directed fishing allowance for the CDQ sector. NMFS then subtracts 4 percent of the remainder as an incidental catch allowance for pollock, which is not apportioned by season or area. The remainder of the TAC is further allocated by sector as follows: inshore, 50 percent; catcher/processor, 40 percent; and motherships, 10 percent. 5 Regulations at § 679.20(b)(1) do not provide for the establishment of an ITAC for the hook-and-line and pot gear allocation for sablefish. The ITAC for sablefish reflected in Table 1 is for trawl gear only. Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is reserved for use by CDQ participants ( *see* § 679.20(b)(1)(iii)). 6 “Other flatfish” includes all flatfish species, except for Pacific halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder and Alaska plaice. 7 “Other rockfish” includes all *Sebastes* and *Sebastolobus* species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish. 8 “Other species” includes sculpins, sharks, skates and octopus. Forage fish, as defined at § 679.2, are not included in the “other species” category. Reserves and the Incidental Catch Allowance

(ICA)for Pollock Regulations at § 679.20(b)(1)(i) require that 15 percent of the TAC for each target species or species group, except for the hook-and-line and pot gear allocation of sablefish, be placed in a non-specified reserve. The AFA supersedes this provision for pollock by requiring that the proposed 2003 TAC for this species be fully allocated among the CDQ program, the ICA, and inshore, catcher/processor, and mothership directed fishery allowances. Regulations at § 679.20(b)(1)(iii) require that one half of each TAC amount placed in the non-specified reserve, with the exception of squid, be allocated to the groundfish CDQ reserve and that 20 percent of the hook-and-line and pot gear allocation of sablefish be allocated to the fixed gear sablefish CDQ reserve. Section 206(a) of the AFA requires that 10 percent of the pollock TAC be allocated to the pollock CDQ reserve. With the exception of the hook-and-line and pot gear sablefish CDQ reserve, the CDQ reserves are not further apportioned by gear. Regulations at § 679.21(e)(1)(i) also require that 7.5 percent of each PSC limit, with the exception of herring, be withheld as a prohibited species quota

(PSQ)reserve for the CDQ fisheries. Regulations governing the management of the CDQ and PSQ reserves are set forth at §§ 679.30 and 679.31. Under section 206(b) of the AFA, NMFS allocates a pollock ICA of 4 percent of the pollock TAC after subtraction of the 10 percent CDQ reserve. This allowance is based on an examination of the incidental catch of pollock in non-pollock target fisheries from 1997 through 2001. During this 4-year period, the incidental catch of pollock ranged from a low of 3 percent in 1998, to a high of about 6 percent in 1997, with a 4-year average of 4 percent. Because these incidental percentages are contingent on the relative amounts of other groundfish TACs, NMFS will be better able to assess the ICA amount when the Council makes final ABC and TAC amount recommendations in December. Under regulations at § 679.24(b)(4), the use of nonpelagic trawl gear is prohibited in the directed fishery for non-CDQ pollock in the BSAI. The remainder of the non-specified reserve is not designated by species or species group, and any amount of the reserve may be reapportioned to a target species or the “other species” category during the year, providing that such reapportionments do not result in overfishing. Pollock Allocations Under the AFA Section 206(a) of the AFA requires that 10 percent of the BSAI pollock TAC be allocated as a directed fishing allowance to the CDQ program. The remainder of the BSAI pollock TAC, after the subtraction of an allowance for the incidental catch of pollock by vessels, including CDQ vessels, harvesting other groundfish species, is allocated as follows; 50 percent to catcher vessels harvesting pollock for processing by the inshore component, 40 percent to catcher/processors and catcher vessels harvesting pollock for processing by catcher/processors in the offshore component, and 10 percent to catcher vessels harvesting pollock for processing by motherships in the offshore component. These amounts are listed in Table 2. The AFA also contains several specific requirements concerning pollock and pollock allocations. First, paragraph 210(c) of the AFA requires that not less than 8.5 percent of the pollock allocated to vessels for processing by offshore catcher/processors be available for harvest by offshore catcher vessels, listed in section 208(b), harvesting pollock for processing by offshore catcher/processors listed in section 208(e). Second, catcher/processors eligible to fish for pollock, as specified under paragraph 208(e)(21) of the AFA, are prohibited from harvesting in the aggregate a total of more than one-half of one percent (0.5 percent) of the pollock allocated to vessels for processing by offshore catcher/processors. Table 2 lists the proposed 2003 allocations of pollock TAC as described by the AFA. Other provisions of the AFA, including inshore pollock cooperative allocations and unrestricted catcher processor and catcher vessel harvest limitations, are found in Tables 8 through 13. Table 2 also lists seasonal apportionments of pollock and harvest limits within the Steller Sea Lion Conservation Area (SCA). The harvest within the SCA, as defined at § 679.22(a)(11)(vii), is limited to 28 percent of the annual directed fishing allowance

(DFA)until April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of the SCA before April 1 or inside the SCA after April 1. If the 28 percent of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1. The A season pollock SCA harvest limit will be apportioned to each industry sector in proportion to each sector's allocated percentage of the DFA as set forth in the AFA. These proposed amounts, by sector, are listed in Table 2. Table 2.—Proposed Allocations of the Pollock TAC and Directed Fishing Allowance

(DFA)to the Inshore, Catcher/Processor, Mothership, and CDQ Components 1 [All amounts are in mt] Area and sector 2002 DFA A/B Season 1 A/B DFA (40% of annual DFA) A SCA limit 2 C/D Season 1 C/D DFA (60% of annual DFA) Bering Sea subarea 1,485,000 CDQ 148,500 59,400 41,580 89,100 ICA 3 53,460 AFA Inshore 641,520 256,608 179,626 384,912 AFA Catcher Processors 4 513,216 205,286 143,700 307,930 Catch by C/Ps 469,593 187,837 281,756 Catch by CVs 4 43,623 17,449 26,174 Restricted C/P cap 5 2,566 1,026 1,540 AFA Motherships 128,304 51,322 35,925 76,982 Excessive shares cap 6 224,532 Aleutian Islands: ICA 7 900 Bogoslof District: ICA 7 90 1 After subtraction for the CDQ reserve and the ICA, the pollock TAC is allocated as a DFA as follows: inshore component—50 percent, catcher/processor component—40 percent, and mothership component—10 percent. Under paragraph 206(a) of the AFA, the CDQ reserve for pollock is 10 percent. NMFS, under regulations at § 679.24(b)(4), prohibits nonpelagic trawl gear to engage in directed fishing for non-CDQ pollock in the BSAI. The A/B season, January 20—June 10, is allocated 40 percent of the DFA and the C/D season, June 10—November 1 is allocated 60 percent of the DFA. 2 No more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1. 3 The pollock ICA for the BS subarea is 4 percent of the TAC after subtraction of the CDQ reserve. 4 Subsection 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance allocated to listed catcher/processors (C/Ps) shall be available for harvest only by eligible catcher vessels

(CVs)delivering to listed catcher/processors. 5 The AFA requires that vessels described in section 208(e)(21) be prohibited from exceeding a harvest amount of one-half of one percent of the directed fishing allowance allocated to vessels for processing by AFA catcher/processors. 6 Paragraph 210(e)(1) of the AFA specifies that “No particular individual, corporation, or other entity may harvest, through a fishery cooperative or otherwise, a total of more than 17.5 percent of the pollock available to be harvested in the directed pollock fishery.” 7 The Aleutian Islands subarea and the Bogoslof District are closed to directed fishing for pollock. The amounts specified are for incidental catch amounts only, and are not apportioned by season or sector. Allocation of the Atka Mackerel TAC Regulations implementing Steller sea lion protection measures at § 679.20(a)(8)(ii) apportion the Atka mackerel ITAC into two equal seasonal allowances. After subtraction of the jig gear allocation, the first allowance is made available for directed fishing from January 1 to April 15 (“A” season), and the second seasonal allowance is made available from September 1 to November 1 (“B” season)(Table 3). Under § 679.20(a)(8)(ii)(C)( *1* ), the Regional Administrator will establish a harvest limit area

(HLA)limit of no more than 60 percent of the seasonal TAC for the Western and Central Aleutian Districts. Pacific cod harvest by trawl gear in the Aleutian Islands HLA in the Western and Central Aleutian Districts west of 178 degrees W long. is prohibited during the Atka mackerel HLA directed fisheries. Atka mackerel fishing is prohibited in critical habitat east of 178 degrees W. long. to provide maximum protection to Steller sea lions and because Atka mackerel is readily available in waters outside of critical habitat. Under § 679.20(a)(8)(i), up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea Atka mackerel ITAC may be allocated to the jig gear fleet. The amount of this allocation is determined annually by the Council based on several criteria, including the anticipated harvest capacity of the jig gear fleet. The Council recommended and NMFS proposes that 1 percent of the Atka mackerel ITAC in the Eastern Aleutian District and the Bering Sea subarea be allocated to the jig gear fleet in 2003. Based on an ITAC of 15,170 mt, the jig gear allocation would be 152 mt. A lottery system is used for the HLA Atka mackerel directed fisheries to reduce the amount of daily catch in the HLA by about half and to disperse the fishery over two areas (§ 679.20(a)(8)(iii)). Table 3.—Proposed 2003 Seasonal and Spatial Apportionments, Gear Shares, and CDQ Reserve of the BSAI Atka Mackerel TAC 1 2 Subarea & component TAC CDQ reserve ITAC Seasonal apportionment 3 A Season 4 Total HLA Limit 6 B Season 5 Total HLA Limit 6 Western Aleutian District 23,960 1,797 20,366 10,183 6,110 10,183 6,110 Central Aleutian District 28,950 2,171 24,607 12,304 7,382 12,304 7,382 Eastern AI/BS subarea 7 6,690 502 5,687 Jig (1%) 8 57 Other gear (99%) 5,630 2,815 2,815 Total 59,600 4,470 50,660 25,302 25,302 1 Amounts are in mt. 2 Regulations at §§ 679.20(a)(8)(ii) and 679.22(a)(8) establish temporal and spatial limitations for the Atka mackerel fishery. 3 The seasonal apportionment of Atka mackerel is 50 percent in the A season and 50 percent in the B season. 4 The A season is January 1 through April 15. 5 The B season is September 1 through November 1. 6 HLA limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (§ 679.2). In 2003, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central AI. Pacific cod harvest by trawl gear in the Aleutian Islands HLA, west of 178 degrees W. long. is prohibited during the Atka mackerel HLA directed fisheries. 7 Eastern Aleutian District and the Bering Sea subarea. 8 Regulations at § 679.20 (a)(8) require that up to 2 percent of the Eastern AIeutian District and the Bering Sea subarea ITAC be allocated to the jig gear fleet. The proposed amount of this allocation is 1 percent. The jig gear allocation is not apportioned by season. Allocation of the Pacific Cod TAC Under § 679.20(a)(7)(i)(A), 2 percent of the Pacific cod ITAC is allocated to vessels using jig gear, 51 percent to vessels using hook-and-line or pot gear, and 47 percent to vessels using trawl gear. Under regulations at § 679.20(a)(7)(i)(B), the portion of the Pacific cod TAC allocated to trawl gear is further allocated 50 percent to catcher vessels and 50 percent to catcher/processors. Under regulations at § 679.20(a)(7)(i)(C)( *1* ), a portion of the Pacific cod allocated to hook-and-line or pot gear is set aside as an ICA of Pacific cod in directed fisheries for groundfish using these gear types. Based on anticipated incidental catch in these fisheries, NMFS proposes an ICA of 500 mt. The remainder of Pacific cod is further allocated to vessels using hook-and-line or pot gear as the following directed fishing allowances: 80 percent to hook-and-line catcher processors, 0.3 percent to hook-and-line catcher vessels, 18.3 percent to pot gear vessels, and 1.4 percent to catcher vessels under 60 feet (18.3 m) length overall

(LOA)using hook-and-line or pot gear. Due to concerns about the potential impact of the Pacific cod fishery on Steller sea lions and their critical habitat, the Pacific cod fisheries are temporally dispersed by the apportionment of the ITAC into two seasonal allowances (§§ 679.23(e)(6) and 679.20(a)(7)). For most non-trawl gear the first allowance, 60 percent of the ITAC, is made available for directed fishing from January 1 to June 10, and the second seasonal allowance, 40 percent of the ITAC, is made available from June 10 to December 31. No seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. For trawl gear, the first season is January 20 to April 1 and is allocated 60 percent of the ITAC. The second season, April 1 to June 10, and the third season, June 10 to November 1, are each allocated 20 percent of the ITAC. The trawl catcher vessel allocation is further allocated as 70 percent in the first season, 10 percent in the second season and 20 percent in the third season. The trawl catcher/processor allocation is allocated 50 percent in the first season, 30 percent in the second season, and 20 percent in the third season. Table 4 lists the proposed 2003 allocations and seasonal apportionments of the Pacific cod ITAC. NMFS and the Council propose that any unused portion of a seasonal Pacific cod allowance will become available at the beginning of the next seasonal allowance. Table 4.—2003 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod TAC Gear sector Percent Share of gear sector total

(mnt)Subtotal percentages for gear sectors Share of gear sector total

(mt)Seasonal apportionment 1 Date Amount

(mt)*Total hook-and-line and pot gear allocation of Pacific cod TAC* 51 86,700 Incidental Catch Allowance 500 Processor and Vessel subtotal 86,200 Hook-and-line Catcher Processors 80 68,960 Jan 1-Jun 10 Jun 10-Dec. 31 41,376 27,584 Hook-and-Line Catcher Vessels 0.3 259 Jan 1-Jun 10 Jun 10-Dec 31 155 104 Pot Gear Vessels 18.3 15,775 Jan 1-Jun 10 Sept 1-Dec 31 9,465 6,310 Catcher Vessels <60 feet LOA using Hook-and-line or Pot gear 1.4 1,207 *Trawl gear Total* 47 79,900 Trawl Catcher Vessel 50 39,950 Jan 20-Apr 1 Apr 1-Jun 10 Jun 10-Nov 1 27,965 3,995 7,990 Trawl Catcher Processor 50 39,950 Jan 20-Apr 1 Apr 1-Jun 10 Jun 10-Nov 1 19,975 11,985 7,990 *Jig* 2 3,400 Jan 1-Jun 10 Jun 10-Dec 31 2,040 1,360 Total 100 170,000 1 For non-trawl gear the first season is allocated 60 percent of the TAC and the second season is allocated 40 percent of the TAC. No seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. For trawl gear, the first season is allocated 60 percent of the TAC and the second and third seasons are each allocated 20 percent of the TAC. The trawl catcher vessels' allocation is further allocated as 70 percent in the first season, 10 percent in the second season and 20 percent in the third season. The trawl catcher/processors' allocation is allocated 50 percent in the first season, 30 percent in the second season and 20 percent in the third season. Any unused portion of a seasonal Pacific cod allowance will be reapportioned to the next seasonal allowance. Allocation of the Shortraker and Rougheye Rockfish TAC Under § 679.20(a)(9), the ITAC of shortraker rockfish and rougheye rockfish specified for the Aleutian Islands subarea is allocated 30 percent to vessels using non-trawl gear and 70 percent to vessels using trawl gear. Based on a proposed 2003 ITAC of 775 mt, the trawl allocation would be 543 mt and the non-trawl allocation would be 232 mt. Sablefish Gear Allocation Regulations at § 679.20(a)(4)(iii) and

(iv)require that sablefish TACs for the BS and AI subareas be allocated between trawl and hook-and-line or pot gear types. Gear allocations of the TACs for the Bering Sea subarea are 50 percent for trawl gear and 50 percent for hook-and-line or pot gear, and for the Aleutian Islands subarea are 25 percent for trawl gear and 75 percent for hook-and-line or pot gear. Regulations at § 679.20(b)(1)(iii)(B) require that 20 percent of the hook-and-line and pot gear allocation of sablefish be reserved as sablefish CDQ. Additionally, regulations at § 679.20(b)(1)(iii)(A) require that 7.5 percent of the trawl gear allocation of sablefish (one half of the reserve) be reserved as groundfish CDQ. Proposed 2003 gear allocations of the sablefish TAC and CDQ reserve amounts are specified in Table 5. Table 5.—Proposed 2003 Gear Shares and CDQ Reserve of BSAI Sablefish TACS Subarea & Gear Percent of TAC Share of TAC

(mt)ITAC

(mt)1 CDQ Reserve Bering Sea: Trawl 2 50 965 821 72 Hook-&-line/pot gear 3 50 965 N/A 193 Total 100 1,930 821 265 Aleutian Islands: Trawl 2 25 637 541 48 Hook-&-line/pot gear 3 75 1,913 N/A 383 Total 100 2,550 541 431 1 Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of the TAC after the subtraction of these reserves. 2 For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5 percent of the specified TAC) is reserved for the CDQ program. 3 For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by CDQ participants. Regulations in § 679.20(b)(1) do not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear. Allocation of Prohibited Species Catch Limits for Halibut, Crab, Salmon, and Herring Due to the lack of new information concerning PSC limits and apportionments, the Council at its October 2002 meeting recommended using the halibut, crab and herring 2002 PSC amounts for the proposed 2003 amounts. The Council will reconsider these amounts in December based on recommendations by the Plan Team and the SSC. Regulations at § 679.21(e)(1)(vii) specify a scheduled reduction of chinook salmon PSC limits until the final limit is reached in 2004. For 2003, the chinook salmon PSC limit for the pollock fishery is 33,000 fish. PSC limits for halibut are set in regulations at § 679.21(e). For the BSAI trawl fisheries, the limit is 3,675 mt of mortality of Pacific halibut and for non-trawl fisheries, the limit is 900 mt mortality. PSC limits for crab and herring are specified annually based on abundance and spawning biomass. For 2003, the proposed PSC limit of red king crab in Zone 1 for trawl vessels is 97,000 animals. Based on the criteria set out at § 679.21(e)(1)(ii), the number of mature female red king crab was estimated in 2002 to be above 8.4 million animals, and the effective spawning biomass is estimated to be 14.5 million pounds (6,577 mt), which is less than the 55 million pound (24,948 mt). Regulations at § 679.21(e)(3)(ii)(B) establish criteria under which NMFS must specify an annual red king crab bycatch limit for the Red King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS to up to 35 percent of the trawl bycatch allowance specified for the rock sole/flathead sole/“other flatfish” fishery category and must be based on the need to optimize the groundfish harvest relative to red king crab bycatch. The Council recommended and NMFS proposes a red king crab bycatch limit equal to 35 percent of the trawl bycatch allowance specified for the rock sole/flathead sole/“other flatfish” fishery category within the RKCSS. Based on 2001 survey data, *C* . *bairdi* abundance is estimated to be 624 million crab. Given the criteria set out at § 679.21(e)(1)(iii) and the 2001 survey data, the proposed 2003 *C* . *bairdi* PSC limit for trawl gear is 980,000 animals in Zone 1 and 2,970,000 animals in Zone 2 as a result of the *C* . *bairdi* abundance estimate exceeding 400 million animals. Under § 679.21(e)(1)(iv), the PSC limit for *C* . *opilio* is based on total abundance as indicated by the NMFS annual bottom trawl survey. The *C* . *opilio* PSC limit is set at 0.1133 percent of the Bering Sea abundance index. Based on the 2001 survey estimate of 3.86 billion animals, the calculated limit would be 4,373,380 animals. Because this limit is less than 4.5 million animals, under § 679.21(e)(1)(iv)(B) the proposed 2003 *C* . *opilio* PSC limit is 4,350,000 animals. Under § 679.21(e)(1)(vi), the proposed PSC limit of Pacific herring caught while conducting any trawl operation for groundfish in the BSAI is 1 percent of the annual eastern Bering Sea herring biomass. NMFS's best estimate of 2002 herring biomass is 152,574 mt. This amount was derived using 2001 survey data and an age-structured biomass projection model developed by the Alaska Department of Fish and Game (ADF&G). Therefore, the proposed herring PSC limit for 2003 is 1,526 mt. Under § 679.21(e)(1)(i), 7.5 percent of each PSC limit specified for crab and halibut is reserved as a PSQ reserve for use by the groundfish CDQ program. Regulations at § 679.21(e)(3) require the apportionment of each trawl PSC limit into PSC bycatch allowances for seven specified fishery categories. Regulations at § 679.21(e)(4)(ii) authorize the apportionment of the non-trawl halibut PSC limit among five fishery categories. The proposed fishery bycatch allowances for the trawl and non-trawl fisheries are listed in Table 6. Regulations at § 679.21(e)(4)(ii) authorize exemption of specified non-trawl fisheries from the halibut PSC limit. As in past years, NMFS after consultation with the Council, is proposing to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear fishery categories from halibut bycatch restrictions because these fisheries use selective gear types that take comparatively few halibut. In 2002, total groundfish catch for the pot gear fishery in the BSAI was approximately 13,989 mt with an associated halibut bycatch mortality of about 7 mt. The 2002 groundfish jig gear fishery harvested about 172 mt of groundfish. Most vessels in the jig gear fleet are less than 60 ft (18.3 m) LOA and are exempt from observer coverage requirements. As a result, observer data are not available on halibut bycatch in the jig gear fishery. However, a negligible amount of halibut bycatch mortality is assumed because of the selective nature of this gear type and the likelihood that halibut caught with jig gear have a high survival rate when released. As in past years, the Council recommended that the sablefish IFQ fishery be exempt from halibut bycatch restrictions because of the sablefish and halibut IFQ program (subpart D of 50 CFR part 679). The IFQ program requires legal-sized halibut to be retained by vessels using hook-and-line gear if a halibut IFQ permit holder is aboard and is holding unused halibut IFQ. This action results in less halibut discard in the sablefish fishery. In 1995, about 36 mt of halibut discard mortality was estimated for the sablefish IFQ fishery. A similar estimate for 1996 through 2002 has not been calculated, but NMFS has no information indicating that it would be significantly different. Regulations at § 679.21(e)(5) authorize NMFS, after consultation with the Council, to establish seasonal apportionments of PSC allowances. At its October 2002 meeting, the Council proposed no seasonal apportionments, except for the trawl bycatch allowance for halibut bycatch specified for the rockfish trawl fishery. The intent of this proposal was to reduce halibut bycatch during the first quarter when it is the highest. NMFS anticipates that the Council will recommend additional seasonal apportionments during its December 2002 meeting. Table 6.—Proposed 2003 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries Trawl fisheries Prohibited species and Zone Halibut mortality

(mt)BSAI Herring

(mt)BSAI Red King Crab (animals) Zone 1 1 C. opilio (animals) COBLZ 2 C. bairdi (animals) Zone 1 1 Zone 2 1 Yellowfin sole 886 139 16,664 2,776,981 340,844 1,788,459 Rock sole/other flat/flathead sole 3 779 20 59,782 969,130 365,320 596,154 RKCSS 3 20,924 Turbot/arrowtooth/sablefish 4 9 40,238 Rockfish: July 1—December 31 69 7 40,237 10,988 Pacific cod 1,434 20 11,664 124,736 183,112 324,176 Midwater trawl pollock 1,184 Pollock/Atka mackerel/other 5 232 46 1,615 72,428 17,224 27,473 Total Trawl PSC 3,400 1,526 89,725 4,023,750 906,500 2,747,250 Non-Trawl Fisheries Pacific cod—Total 775 Other non-trawl—Total 58 Groundfish pot & jig exempt ( 7 ) Sablefish hook-&-line exempt ( 7 ) Total Non-Trawl 833 PSQ Reserve 6 342 7,275 326,250 73,500 222,750 Grand Total 4,575 1,526 97,000 4,350,000 980,000 2,970,000 1 Refer to § 679.2 for definitions of areas. 2 *C. opilio* Bycatch Limitation Zone. Boundaries are defined at 50 CFR part 679, Figure 13. 3 The Council at its October 2002 meeting proposed that red king crab bycatch for trawl fisheries within the RKCSS be limited to 35 percent of the total allocation to the rock sole, flathead sole, and other flatfish fishery category (§ 679.21(e)(3)(ii)(B)). “Other flatfish” for PSC monitoring includes all flatfish species, except for Pacific halibut (a prohibited species), greenland turbot, rock sole, yellowfin sole and arrowtooth flounder. 4 Greenland turbot, arrowtooth flounder, and sablefish fishery category. 5 Pollock other than pelagic trawl pollock, Atka mackerel, and “other species” fishery category. 6 With the exception of herring, 7.5 percent of each PSC limit is allocated to the CDQ program as PSQ reserve. The PSQ reserve is not allocated by fishery, gear or season. 7 Exempt. To monitor halibut bycatch mortality allowances and apportionments, the Administrator, Alaska Region, NMFS (Regional Administrator), will use observed halibut bycatch rates, assumed mortality rates, and estimates of groundfish catch to project when a fishery's halibut bycatch mortality allowance or seasonal apportionment is reached. The Regional Administrator monitors a fishery's halibut bycatch mortality allowances using assumed mortality rates that are based on the best information available, including information contained in the annual SAFE report. The Council recommended and NMFS proposes that the Preseason Assumed halibut discard mortality rates

(DMRs)developed by staff of the International Pacific Halibut Commission

(IPHC)for the 2002 BSAI groundfish fisheries be used for purposes of monitoring halibut bycatch allowances established for 2003 (Table 7). Results from analysis of halibut release condition data for 2000 showed continued stability in halibut DMRs for many fisheries. Plots of annual DMRs against the 10-year mean indicated little change since 1990 for some fisheries, particularly the major trawl fisheries. DMRs were more variable for the smaller fisheries which typically take minor amounts of halibut bycatch. For 2002, Preseason Assumed DMRs were used, which included use of the long-term mean DMR for a 3-year period before revisions are proposed, except for the BSAI hook-and-line Pacific cod fishery and CDQ fisheries, for which annual DMRs were used. The IPHC will continue to conduct annual analyses of observer data and recommend changes to the DMRs where a fishery DMR shows large variation from the mean and for the CDQ fisheries. For 2002, the BSAI hook-and-line Pacific cod fishery DMR did not change; but the CDQ fishery DMRs were adjusted. The justification for these mortality rates is discussed in the final SAFE report dated November 2001. The proposed mortality rates listed in Table 7 are subject to change pending the results of an updated analysis on halibut mortality rates in the groundfish fisheries that IPHC staff is scheduled to present to the Council at its December 2002 meeting. Table 7.—Proposed 2003 Assumed Pacific Halibut Mortality Rates for the BSAI Fisheries Fishery Preseason assumed mortality (percent) Hook-and-line gear fisheries: Rockfish 25 Pacific cod 12 Greenland turbot 18 Sablefish 22 Other Species 12 Trawl gear fisheries: Midwater pollock 84 Nonpelagic pollock 76 Yellowfin sole 81 Rock sole 76 Flathead sole 67 Other flatfish 71 Rockfish 69 Pacific cod 67 Atka mackerel 75 Greenland turbot 70 Sablefish 50 Other species 67 Pot gear fisheries: Pacific cod 8 Other species 8 CDQ Trawl fisheries: Atka mackerel 89 Flathead sole 83 Midwater pollock 88 Nonpelagic pollock 90 Rockfish 89 Yellowfin sole 77 CDQ Hook-and-line fisheries: Pacific cod 13 Greenland turbot 14 CDQ Pot fisheries: Pacific cod 7 Sablefish 38 Bering Sea Subarea Inshore Pollock Allocations The final rule to implement major provisions of the AFA at § 679.4, will set forth procedures for AFA inshore catcher vessel pollock cooperatives to apply for and receive cooperative fishing permits and inshore pollock allocations. NMFS received applications from seven inshore catcher vessel cooperatives. Table 8 lists the proposed pollock allocations to the seven inshore catcher vessel pollock cooperatives based on 2002 cooperative allocations and NMFS’ assumption, at this date, that the cooperatives membership will remain unchanged in 2003. Allocations for cooperatives and vessels not participating in cooperatives are not made for the AI subarea because the AI subarea has been closed to directed fishing for pollock. These allocations may be revised pending adjustments to cooperatives' membership prior to 2003. Table 8.—Proposed 2003 Bering Sea Subarea Inshore Cooperative Allocations Cooperative name and member vessels Sum of member vessel's official catch histories 1 Percentage of inshore sector allocation (percent) Annual co-op allocation *Akutan Catcher Vessel Association:* Aldebaran, Arctic Explorer, Arcturus, Blue Fox, Cape Kiwanda, Columbia, Dominator, Exodus, Flying Cloud, Golden Dawn, Golden Pisces, Hazel Lorraine, Intrepid Explorer, Leslie Lee, Lisa Melinda, Majesty, Marcy J, Margaret Lyn, Nordic Explorer, Northern Patriot, Northwest Explorer, Pacific Ram, Pacific Viking, Pegasus, Peggy Jo, Perseverance, Predator, Raven, Royal American, Seeker, Sovereignty, Traveler, Viking Explorer 245,527 28.085 180,169 *Arctic Enterprise Association:* Bristol Explorer, Ocean Explorer, Pacific Explorer 36,807 4.210 27,009 *Northern Victor Fleet Cooperative:* Anita J, Collier Brothers, Commodore, Excalibur II, Goldrush, Half Moon Bay, Miss Berdie, Nordic Fury, Pacific Fury, Poseidon, Royal Atlantic, Sunset Bay, Storm Petrel 73,656 8.425 54,049 *Peter Pan Fleet Cooperative:* Amber Dawn, American Beauty, Elizabeth F, Morning Star, Ocean Leader, Oceanic, Providian, Topaz, Walter N 18,693 2.138 13,717 *Unalaska Cooperative:* Alaska Rose, Bering Rose, Destination, Great Pacific, Messiah, Morning Star, Ms Amy, Progress, Sea Wolf, Vanguard, Western Dawn 106,737 12.209 78,324 *UniSea Fleet Cooperative:* Alsea, American Eagle, Argosy, Auriga, Aurora, Defender, Gun-Mar, Nordic Star, Pacific Monarch, Seadawn, Starfish, Starlite 201,566 23.056 147,910 *Westward Fleet Cooperative:* A.J., Alaskan Command, Alyeska, Arctic Wind, Caitlin Ann, Chelsea K, Dona Martita, Fierce Allegiance, Hickory Wind, Ocean Hope 3, Pacific Knight, Pacific Prince, Starward, Viking, Westward I 189,544 21.681 139,089 Open access AFA vessels 1,707 0.195 1,252 Total inshore allocation 874,238 100 641,520 1 According to regulations that will be effective with the final rule to implement major provisions of the AFA at 679.62(e)(1) the individual catch history for each vessel is equal to the vessel's best 2 of 3 years inshore pollock landings from 1995 through 1997 and includes landings to catcher/processors for vessels that made 500 or more mt of landings to catcher/processors from 1995 through 1997. When the final rule to implement major provisions of the AFA at § 679.20(a)(5)(i)(A) is published, NMFS intends to subdivide the inshore allocation into allocations for cooperatives and vessels not fishing in a cooperative ( *i.e.* , the open access sector). In addition, under § 679.22(a)(11)(vii), NMFS intends to establish harvest limits inside the Steller sea lion conservation area

(SCA)and provide a set-aside so that catcher vessels less than or equal to 99 ft (30.2 m) LOA have the opportunity to operate entirely within the SCA during the A season. Accordingly, Table 9 lists the proposed apportionment of the Bering Sea subarea inshore pollock allocation into allocations for vessels fishing in a cooperative and for vessels not participating in a cooperative and establishes a cooperative-sector SCA set-aside for AFA catcher vessels less than or equal to 99 ft (30.2 m) LOA. The SCA set-aside for sector catcher vessels less than or equal to 99 ft (30.2 m) LOA that are not participating in a cooperative will be established inseason based on actual participation levels and is not included in Table 9. These proposed allocations may be revised pending final review and approval of 2003 cooperative agreements. Table 9.—Proposed 2003 Bering Sea Subarea Pollock Allocations to the Cooperative and Open Access Sectors of the Inshore Pollock Fishery. [Amounts are expressed in MT] A/B season TAC A season SCA 1 C/D season TAC Cooperative sector: Vessels > 99 ft n/a 154,025 n/a Vessels < 99 ft n/a 25,250 n/a Total 256,107 179,275 384,161 Open access sector 501 2 351 751 Total inshore 256,608 179,626 384,912 1 Steller sea lion conservation area established at § 679.22(a)(11)(vii). 2 SCA limitations for vessels less than or equal to 99 ft LOA that are not participating in a cooperative will be established on an inseason basis in accordance with § 679.22(a)(11)(vii)(C)(2) which specifies that “the Regional Administrator will prohibit directed fishing for pollock by vessels catching pollock for processing by the inshore component greater than 99 ft (30.2 m) LOA before reaching the inshore SCA harvest limit during the A season to accommodate fishing by vessels less than or equal to 99 ft (30.2 m) inside the SCA for the duration of the inshore seasonal opening.” Unrestricted AFA Catcher/Processor Sideboards In 2003, the formula for setting AFA catcher/processor sideboard limits for non-pollock groundfish will change from calculations made for sideboards in 2000 through 2002. The Council made a distinction between retained and total catch for the purpose of calculating sideboard limits and felt that AFA vessels should not receive sideboard credit for groundfish that was discarded and not utilized. The catcher/processor sideboard limits for BSAI groundfish other than Atka mackerel will be based on the 1995 through 1997 retained catch of such groundfish species by the 20 listed AFA catcher/processors listed in paragraphs 208(e)(1) through

(20)of the AFA and the nine ineligible catcher/processors listed in section 209 of the AFA, except for Pacific cod which will be based on 1997 retained catch only and Pacific ocean perch in the Aleutian Islands subarea which will be based on 1996 and 1997 retained catch only. The AFA catcher/processor sideboard limit for Atka mackerel is zero percent of the Bering Sea subarea and Eastern Aleutians district's annual TAC, 11.5 percent of the Central Aleutian district's annual TAC, and 20 percent of the Western Aleutian district's annual TAC. The basis for these sideboard limits is described in detail in the Proposed Rule for Amendments 61/61/13/8 to Implement Major Provisions of the AFA (66 FR 65028, December 17, 2001). The proposed 2003 catcher/processor sideboard limits are set out in Table 10 below. All non-pollock groundfish that is harvested by unrestricted AFA catcher/processors, whether as targeted catch or incidental catch, will be deducted from the proposed sideboard limits in Table 10. However, non-pollock groundfish that is delivered to listed catcher/processors by catcher vessels will not be deducted from the proposed 2003 sideboard limits for the listed catcher/processors. Table 10.—Proposed 2003 Unrestricted BSAI AFA Catcher/Processor Groundfish Sideboard Limits [Amounts are Expressed in MT] Target species Area 1995-1997 Retained catch Available TAC Ratio Proposed 2003 ITAC available to trawl C/Ps Proposed 2003 C/P sideboard limit Pacific cod trawl BSAI 12,424 51,450 0.241 39,950 9,628 Sablefish trawl BS 8 1,736 0.005 821 4 AI 0 1,135 0.000 541 0 Atka mackerel Western AI: A season 1 n/a n/1 0.200 10,183 2,037 HLA limit 1 1,222 B season n/a n/a 0.200 10,183 2,037 HLA Limit 2 1,222 Central AI: A season 1 n/a n/a 0.115 12,304 1,415 HLA limit 849 B season n/a n/a 0.115 12,304 1,415 HLA limit 849 Yellowfin sole BSAI 100,192 527,000 0.190 64,600 12,274 Rock sole BSAI 6,317 202,107 0.031 45,900 1,423 Greenland turbot BS 121 16,911 0.007 4,556 32 AI 23 6,839 0.003 2,244 7 Arrowtooth flounder BSAI 76 36,873 0.002 13,600 27 Flathead sole BSAI 1,925 87,975 0.022 21,250 468 Alaska plaice BSAI 3,243 0.035 10,200 357 Other flatfish BSAI 3,243 92,428 0.035 2,550 89 Pacific ocean perch BS 12 5,760 0.002 2,227 4 Western AI 54 12,440 0.004 4,811 19 Central AI 3 6,195 0.000 2,601 0 Eastern AI 125 6,265 0.020 2,941 59 Northern rockfish BS 8 0.008 11 0 AI 83 13,254 0.006 3,984 24 Shortraker/rougheye BS 8 0.008 99 1 AI 42 2,827 0.015 775 12 Other rockfish BS 18 1,026 0.018 307 6 AI 22 1,924 0.011 575 6 Squid BSAI 73 3,670 0.020 1,675 34 Other species BSAI 553 65,925 0.008 26,201 210 1 The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Unrestricted AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian district and Bering Sea subarea, 20 percent of the available TAC in the Western Aleutian district, and 11.5 percent of the available TAC in the Central Aleutian district. 2 HLA limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (§ 679.2). In 2003, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian districts. Pacific cod harvest by trawl gear in the Aleutian Islands HLA, west of 178 degrees W. long. is prohibited during the Atka mackerel HLA directed fisheries. The final rule to implement major provisions of the AFA at § 679.63(a)(2) will establish a formula for PSC sideboard limits for unrestricted AFA catcher/processors. These amounts are expected to be equivalent to the percentage of prohibited species bycatch limits harvested in the non-pollock groundfish fisheries by the AFA catcher/processors listed in subsection 208(e) and section 209 of the AFA from 1995 through 1997. Prohibited species amounts harvested by these catcher/processors in BSAI non-pollock groundfish fisheries from 1995 through 1997 are shown in Table 11. These data were used to calculate the relative amount of prohibited species catch limits harvested by pollock catcher/processors, which were then used to determine the prohibited species sideboard limits for unrestricted AFA catcher/processors in the 2003 non-pollock groundfish fisheries. PSC that is caught by unrestricted AFA catcher/processors participating in any non-pollock groundfish fishery listed in Table 11 would accrue against the proposed 2003 PSC limits for the listed catcher/processors. Regulations that will be effective with the final rule to implement major provisions of the AFA at § 679.21(e)(3)(v) provide NMFS with the authority to close directed fishing for non-pollock groundfish for unrestricted AFA catcher/processors once a proposed 2003 PSC limitation listed in Table 11 is reached. Crab or halibut PSC that is caught by unrestricted AFA catcher/processors while fishing for pollock will accrue against the bycatch allowances annually specified for either the midwater pollock or the pollock/Atka mackerel/other species fishery categories under the final rule to implement major provisions of the AFA at § 679.21(e). Table 11.—Proposed 2003 Unrestricted BSAI AFA Catcher/Processor Prohibited Species Sideboard Amounts 1 PSC species 1995-1997 PSC catch Total PSC Ratio Proposed 2003 PSC available to trawl vessels Proposed 2003 C/P limit Halibut mortality 955 11,325 0.084 3,400 286 Red king crab 3,098 473,750 0.007 89,725 628 C. opilio 2,323,731 15,139,178 0.153 4,023,750 615,634 C. bairdi: Zone 1 385,978 2,750,000 0.140 906,500 126,910 Zone 2 406,860 8,100,000 0.050 2,747,250 137,363 1 Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals. AFA Catcher Vessel Sideboards The final rule to implement major provisions of the AFA at § 679.63(b) will establish formulas for setting AFA catcher vessel groundfish and PSC sideboard limits for the BSAI. The basis for these sideboard limits is described in detail in the Proposed Rule for Amendments 61/61/13/8 to Implement Major Provisions of the AFA (66 FR 65028, December 17, 2001). For 2002, NMFS revised the ratio 2001 of 1995 to 1997 AFA catcher vessel retained catch to the 1995 to 1997 TAC. These revisions are based on ADF&G editing of fish tickets and NMFS editing of observer catch data and weekly production reports. The proposed 2003 AFA catcher vessel sideboard limits are shown in Tables 12 and 13. All harvests of groundfish sideboard species made by non-exempt AFA catcher vessels, whether as targeted catch or incidental catch, will be deducted from the proposed sideboard limits listed in Table 12. Table 12.—Proposed 2003 BSAI AFA Catcher Vessel Sideboards. [Amounts Are Expressed in MT] Species and fishery by area/season/processor/gear Ratio of 1995-1997 AFA CV catch to 1995-1997 TAC Proposed 2003 Initial TAC Proposed 2003 catcher vessel sideboard limits Pacific cod: BSAI: jig gear 0.0000 3,400 0 Hook-and-line CV: Jan 1-Jun 10 0.0006 155 0 Jun 10-Dec 31 0.0006 103 0 Pot gear: Jan 1—Jun 10 0.0006 9,465 6 Sept 1-Dec 31 0.0006 6,310 4 CV < 60 feet LOA 0.0006 1,207 0 Using hook-and-line or Pot gear Trawl gear Catcher vessel: Jan 20—Apr 1 0.8609 27,965 24,075 Apr 1-Jun 10 0.8609 3,995 3,439 Jun 10-Nov 1 0.8609 7,990 6,879 Sablefish: BS trawl gear 0.0906 821 74 AI trawl gear 0.0645 541 35 Atka mackerel: *Eastern AI/BS:* jig gear 0.0031 57 0 Other gear: Jan 1-Apr 15 0.0032 2,815 9 Sept 1-Nov 1 0.0032 2,815 9 *Central AI:* Jan-Apr 15 0.0001 12,304 1 HLA limit 0.0001 7,382 1 Sept 1-Nov 1 0.0001 12,304 1 HLA limit 0.0001 7,382 1 *Western AI:* Jan-Apr 15 0.0000 10,183 0 HLA limit 0.0000 6,110 0 Sept 1-Nov 1 0.0000 10,183 0 HLA limit 0.0000 6,110 0 Yellowfin sole: BSAI 0.0647 64,600 4,180 Rock sole: BSAI 0.0341 45,900 1,565 Greenland Turbot: BS 0.0645 4,556 294 AI 0.0205 2,244 46 Arrowtooth flounder: BSAI 0.0690 13,600 938 Alaska plaice: BSAI 0.0441 10,200 450 Other flatfish: BSAI 0.0441 2,550 112 Pacific ocean perch: BS 0.1000 2,620 262 Eastern AI 0.0077 2,941 23 Central AI 0.0025 2,601 7 Western AI 0.0000 4,811 0 Northern rockfish: BS 0.0280 11 0 AI 0.0089 3,984 35 Shortraker/Rougheye: BS 0.0048 99 0 AI 0.0035 775 3 Other rockfish: BS 0.0048 307 1 AI 0.0095 575 5 Squid: BSAI 0.3827 1,675 641 Other species: BSAI 0.0541 26,201 1,417 Flathead Sole: BS trawl gear 0.0505 21,250 1,073 The final rule to implement major provisions of the AFA at § 679.63(b) will establish a formula for PSC sideboard limits for AFA catcher vessels. The AFA catcher vessel PSC bycatch limit for halibut in the BSAI and GOA, and each crab species in the BSAI for which a trawl bycatch limit has been established will be a portion of the PSC limit equal to the ratio of aggregate retained groundfish catch by AFA catcher vessels in each PSC target category from 1995 through 1997 relative to the retained catch of all vessels in that fishery from 1995 through 1997. These proposed PSC sideboard limits are listed in Table 13. Halibut and crab PSC that is caught by AFA catcher vessels participating in any non-pollock groundfish fishery listed in Table 13 will accrue against the proposed 2003 PSC limits for the AFA catcher vessels. The final rule to implement major provisions of the AFA at § 679.21(d)(8) and (e)(3)(v) will provide authority to close directed fishing for non-pollock groundfish for AFA catcher vessels once a proposed 2003 PSC limitation listed in Table 13 for the BSAI is reached. PSC that is caught by AFA catcher vessels while fishing for pollock in the BSAI will accrue against either the midwater pollock or the pollock/Atka mackerel/other species fishery categories. Table 13.—Proposed 2003 AFA Catcher Vessel Prohibited Species Catch Sideboard Limits for the BSAI 1 PSC species and target fishery category 2 Ratio of 1995-1997 AFA CV retained catch to total retained catch Proposed 2003 PSC Limit Proposed 2003 AFA catcher vessel PSC sideboard limit Halibut: Pacific cod trawl 0.6183 1,434 887 Pacific cod hook-and-line or pot 0.0022 775 2 Yellowfin sole 0.1144 886 101 Rock sole/flat. sole/other flatfish 5 0.2841 779 221 Turbot/Arrowtooth/Sablefish 0.2327 0 0 Rockfish 0.0245 69 2 Pollock/Atka mackerel/Other sp. 0.0227 232 5 Red King Crab Zone 1: 4 Pacific cod 0.6183 11,664 7,212 Yellowfin sole 0.1144 16,664 1,906 Rock sole/flat. sole/other flatfish 5 0.2841 59,782 16,984 Pollock/Atka mackerel/Other sp. 0.0227 1,615 37 *C. opilio* —COBLZ: 3 Pacific cod 0.6183 124,736 77,124 Yellowfin sole 0.1144 2,776,981 317,687 Rock sole/flat. sole/other flatfish 5 0.2841 969,130 275,330 Pollock/Atka mackerel/Other sp. 0.0227 72,428 1,644 Rockfish 0.0245 40,237 986 Turbot/Arrowtooth/Sablefish 0.2327 40,238 9,363 *C. bairdi* —Zone 1: Pacific cod 0.6183 183,112 113,218 Yellowfin sole 0.1144 340,844 38,993 Rock sole/flat. sole/other flatfish 5 0.2841 365,320 103,787 Pollock/Atka mackerel/Other sp. 0.0227 17,224 391 *C. bairdi* —Zone 2: Pacific cod 0.6183 324,176 200,438 Yellowfin sole 0.1144 1,788,459 204,600 Rock sole/flat. sole/other flatfish 5 0.2841 596,154 169,367 Pollock/Atka mackerel/Other sp. 0.0227 27,473 624 Rockfish 0.0245 10,988 269 1 Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals. 2 Target fishery categories are defined in regulation at § 679.21(e)(3)(iv). 3 *C. opilio* Bycatch Limitation Zone. Boundaries are defined at Figure 13 of 50 CFR part 679. 4 The Council at its October 2002 meeting recommended that red king crab bycatch for trawl fisheries within the RKCSS be limited to 35 percent of the total allocation to the rock sole/flathead sole/“other flatfish” fishery category (§ 679.21(e)(3)(ii)(B)). 5 “Other flatfish” for PSC monitoring includes all flatfish species, except for Pacific halibut (a prohibited species), Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder. Classification This action is authorized under 50 CFR 679.20 and is exempt from review under Executive Order 12866. Pursuant to section 7 of the Endangered Species Act (ESA), NMFS has initiated consultation on the effects of the 2003 harvest specifications on listed species, including the Steller sea lion, and designated critical habitat. This consultation will be completed in December 2002 before the start of the 2003 groundfish fishery. This consultation cannot be completed until new fishery information is available in late November. NMFS prepared a draft EA that describes the impacts on the human environment that would result from implementation of the proposed harvest specifications. A final EA that describes the impacts on the human environment that will result from implementation of the final 2003 harvest specifications will be prepared after the public comment period and after the December 2002 Council meeting. The final EA will also incorporate the findings of the section 7 consultations under the ESA on the 2003 harvest specifications. NMFS prepared an IRFA for this action in accordance with the provisions of the Regulatory Flexibility Act of 1980, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 603(b)). This IRFA evaluated the effects of the proposed specifications on regulated small entities. The reasons for the action, a statement of the objectives of the action, and the legal basis for the proposed rule, are discussed earlier in the preamble. The small entities affected by this action are those that harvest fish under the terms of the specifications in the BSAI. The IRFA identified 193 small catcher vessels, 31 small catcher/processors, and six small CDQ groups. Data on operating costs for these entities does not exist, so it is impossible to make estimates of net returns or cash flow. Changes in estimated first wholesale gross revenues between the proposed 2003 specifications and estimated 2002 gross revenues (used as a baseline) were used as an index of adverse impact on small entities. The preferred alternative was found to have estimated aggregate gross revenues very similar to those in 2002. Therefore, this alternative was not found to have an adverse impact. No projected additional reporting, record keeping and other compliance requirements exist in the proposed rule. No relevant Federal rules exist that may duplicate, overlap or conflict with the proposed rule. The preferred alternative was compared to the four other alternatives usually evaluated during the specifications process. These alternatives are defined by the use of different harvest rates ( *F* values). The other alternatives are,

(a)Set *F* equal to maxF <sup>ABC</sup> ,

(b)Set *F* equal to 50% of maxF <sup>ABC</sup> ,

(C)Set *F* equal to the most recent five year average actual *F* , and

(d)Set *F* equal to zero. The preferred alternative was associated with gross revenues very similar to those of alternative (a). The model was unable to discern a meaningful difference. The preferred alternative was found to generate gross revenues larger than those for alternatives (b), (c), and (d). Three of the alternatives examined, therefore, were found to have an adverse impact. The fourth was found, like the proposed specifications, to have no adverse impact. Authority: 16 U.S.C. 773 *et seq.* 16 U.S.C. 1801 *et seq.* , and 3631 *et seq.* Dated: December 6, 2002. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 02-31369 Filed 12-11-02; 8:45 am]

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