Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 679
[Docket No. 060216045-6045-01; I.D.  010807B]
 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
 ACTION: Temporary rule; inseason adjustment; request for comments.
 SUMMARY: NMFS is adjusting the annual total allowable catch amount (TAC) for the Central and Western Aleutian District Atka mackerel fisheries.  This action is necessary because NMFS has determined these TACs are incorrectly specified. This action will ensure the A and B season harvests of Central and Western Aleutian District Atka mackerel do not exceed the appropriate amount based on the best available scientific information for Atka mackerel in the Aleutian Islands subarea.  This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP).
 DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 12, 2007, through 2400 hrs, A.l.t., April 15, 2007, unless otherwise modified or superceded through publication of a notification in the 
                        **Federal Register**
                        .
 ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn:   Ellen Sebastian.  Comments may be submitted by: Mail to: P.O. Box 21668, Juneau, AK 99802;
                    Hand delivery to the Federal Building, 709 West 9th
                         Street, Room 420A, Juneau, Alaska;
                    FAX to 907-586-7557;
                    E-mail to*AIATKAMACK-TAC07@noaa.gov*
                         and include the subject line of the e-mail comment the document identifier:   AIATKAMACK-TAC07 (E-mail comments, with or without attachments, are limited to 5 megabytes); or
                    Webform at the Federal eRulemaking Portal:*http/www.regulations.gov*.  Follow the instructions at that site for submitting comments.
 FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.


SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (BSAI) according to the FMP prepared by the North Pacific Fishery Management Council (Council) under authority of the Magnuson-Stevens Fishery Conservation and Management Act.  Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2007 TAC of Atka mackerel in the Central Aleutian District of the BSAI is 38,000 metric tons (mt) as established by the 2006 and 2007 harvest specification for groundfish in the BSAI (71 FR 19894, March 3, 2006).  In accordance with § 679.20(a)(8)(ii), the 2007 A and B season allowances of Atka mackerel in the Central Aleutian District of the BSAI are each 17,575 mt, and the 2007 A and B season Harvest Limit Area (HLA) limits of Atka mackerel in the Central Aleutian District of the BSAI are each 10,545 mt. The 2007 TAC of Atka mackerel in the Western Aleutian District of the BSAI is 17,500 mt as established by the 2006 and 2007 harvest specification for groundfish in the BSAI (71 FR 19894, March 3, 2006).  In accordance with § 679.20(a)(8)(ii), the 2007 A and B season allowances of Atka mackerel in the Western Aleutian District of the BSAI are each 8,750 mt, and the 2007 A and B season Harvest Limit Area (HLA) limits of Atka mackerel in the Western Aleutian District of the BSAI are each 5,250 mt. In December 2006, the Council recommended a 2007 Atka mackerel TAC of 29,600 mt for the Central Aleutian District and 9,600 mt for the Western Aleutian District.  These amounts are less than the TACs as established by the 2006 and 2007 harvest specification for groundfish in the BSAI (71 FR 19894, March 3, 2006).  The TACs recommended by the Council are based on the Stock Assessment and Fishery Evaluation report (SAFE), dated November 2006, which NMFS has determined is the best available scientific information for this fishery. Steller sea lions occur in the same location as the Aleutian Islands Atka mackerel fishery and are listed as endangered under the Endangered Species Act (ESA).  Atka mackerel is a principal prey species for Steller sea lions in the Aleutian Islands subarea.  The seasonal apportionment of Atka mackerel harvest is necessary to ensure the groundfish fisheries are not likely to cause jeopardy of extinction or adverse modification of critical habitat for Steller sea lions.  The regulations at § 679.20(a)(ii)(8)(A) require the Atka 
                    ( print page 1464)
                    mackerel TAC specified for each subarea or district of the BSAI to be divided equally, after subtraction of the jig gear allocation and reserves, into two seasonal allowances corresponding to the A and B seasons defined at § 679.23(e)(3). In accordance with § 679.25(a)(2)(i)(B), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that, based on the November 2006 SAFE report for this fishery, the current Central and Western Aleutian District Atka mackerel TACs are incorrectly specified.  Consequently, the Regional Administrator is adjusting the 2007 Atka mackerel TAC to 29,600 mt in the Central Aleutian District and 9,600 mt in the Western Aleutian District of the BSAI.  In accordance with § 679.20(a)(8)(ii) the 2007 A and B season apportionments for Atka mackerel after deducting the CDQ reserve are each adjusted to 13,690 mt in the Central Aleutian District and 4,440 mt in the Western Aleutian District of the BSAI.  Consequently, the 2007 A and B season HLA limits are each adjusted to 8,214 mt for the Central Aleutian District and 2,664 mt for the Western Aleutian District of the BSAI. Pursuant to § 679.20(a)(8), Tables 4, 12, and 14 of the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006) are revised for the 2007 Atka mackerel TACs consistent with this adjustment. Table 4—2006 and 2007 Seasonal and Spatial Allowances, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC1
[Amounts are in metric tons]
Subarea and component
2006 TAC
2006 CDQ reserve
2006 CDQ reserve HLA limit4
2006 ITAC
2006 Seasonal allowances2A season3
B season3Total
HLA limit4
Total
HLA limit4Western AI District
15,500
1,163
698
14,338
7,169
4,301
7,169
4,301Central AI District
40,000
3,000
1,800
37,000
18,500
11,100
18,500
11,100EAI/BS subarea5
7,500
563
n/a
6,938
n/a
n/a
n/a
n/aJig (1%)6
n/a
n/a
n/a
69
n/a
n/a
n/a
n/aOther gear (99%)
n/a
n/a
n/a
6,868
3,434
n/a
3,434
n/aTotal
63,000
n/a
n/a
n/a
29,103
n/a
29,103
n/aWestern AI District
9,600
720
432
8,880
4,440
2,664
4,440
2,664Central AI District
29,600
2,220
1,332
27,380
13,690
8,214
13,690
8,214EAI/BS subarea5
7,500
563
n/a
6,938
n/a
n/a
n/a
n/aJig (1%)6
n/a
n/a
n/a
69
n/a
n/a
n/a
n/aOther gear (99%)
n/a
n/a
n/a
6,868
3,434
n/a
3,434
n/aTotal
46,700
n/a
n/a
n/a
21,564
10,878
21,564
10,8781
                         Regulations at §§ 679.20(a)(8)(ii) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.2
                         The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.3
                         The A season is January 1 (January 20 for trawl gear) to April 15 and the B season is September 1 to November 1.4
                         Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2).  In 2006 and 2007, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.5
                         Eastern Aleutian District and the Bering Sea subarea.6
                         Regulations at § 679.20 (a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea ITAC be allocated to jig gear.  The amount of this allocation is 1 percent.  The jig gear allocation is not apportioned by season.
 Table 12—2006 and 2007 Listed BSAI American Fisheries Act Catcher/Processor Groundfish Sideboard Limits
[Amounts are in metric tons]
Target species
Area
1995 - 1997
2006 ITAC available to trawl C/Ps
2006 C/P sideboard limit
2007 ITAC available to trawl C/Ps
2007 C/P sideboard limitRetained catch
Total catch
Ratio of retained catch to total catchPacific cod trawl
BSAI
12,424
48,177
0.258
42,171
10,880
32,171
8,300Sablefish trawl
BS
8
497
0.016
1,199
19
1,148
18AI
0
145
0.000
638
0
582
0Atka mackerel
Central AI
n/a
n/a
n/a
n/a
n/a
n/a
n/aA season1
n/a
n/a
0.115
18,500
2,128
13,690
1,574HLA limit2
n/a
n/a
n/a
11,100
1,277
8,214
945B season1
n/a
n/a
0.115
18,500
2,128
13,690
1,574HLA limit2
n/a
n/a
n/a
11,100
1,277
8,214
945Western AI
n/a
n/a
n/a
n/a
n/a
n/a
n/aA season1
n/a
n/a
0.200
7,169
1,434
4,440
888HLA limit2
n/a
n/a
n/a
4,301
860
2,664
533B season1
n/a
n/a
0.200
7,169
1,434
4,440
888HLA limit2
n/a
n/a
n/a
4,301
860
2,664
533Yellowfin sole
BSAI
100,192
435,788
0.230
81,346
18,710
91,495
21,044Rock sole
BSAI
6,317
169,362
0.037
35,275
1,305
37,400
1,384( print page 1465)Greenland turbot
BS
121
17,305
0.007
1,607
11
1,543
11AI
23
4,987
0.005
723
4
693
3Arrowtooth flounder
BSAI
76
33,987
0.002
11,050
22
15,300
31Flathead sole
BSAI
1,925
52,755
0.036
16,575
597
18,700
673Alaska plaice
BSAI
14
9,438
0.001
6,800
7
12,750
13Other flatfish
BSAI
3,058
52,298
0.058
2,975
173
4,250
247Pacific ocean perch
BS
12
4,879
0.002
1,190
2
2,516
5Eastern AI
125
6,179
0.020
2,849
57
3,012
60Central AI
3
5,698
0.001
2,808
3
2,971
3Western AI
54
13,598
0.004
4,703
19
4,969
20Northern rockfish
BSAI
91
13,040
0.007
4,163
29
4,625
32Shortraker rockfish
BSAI
50
2,811
0.018
537
10
537
10Rougheye rockfish
BSAI
50
2,811
0.018
207
4
207
4Other rockfish
BS
18
621
0.029
426
12
750
22AI
22
806
0.027
502
14
502
14Squid
BSAI
73
3,328
0.022
1,084
24
1,084
24Other species
BSAI
553
68,672
0.008
24,650
197
22,950
1841
                         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.  Listed AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual ITAC specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.2
                         Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2).  In 2006 and 2007, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
 Table 14—2006 and 2007 BSAI American Fisheries Act Catcher Vessel Sideboard Limits
[Amounts are in metric tons]
Species
Fishery by area/season/ processor/gear
Ratio of 1995-1997 AFA CV catch to 1995 1997 TAC
2006 initial TAC
2006 Catcher vessel sideboard limits
2007 initial TAC
2007 Catcher vessel sideboard limitsPacific cod
BSAI
n/a
n/a
n/a
n/a
n/aJig gear
0.0000
3,589
0
2,738
0Hook-and-line CV
n/a
n/a
n/a
n/a
n/aJan 1 - Jun 10
0.0006
164
0
125
0Jun 10 - Dec 31
0.0006
109
0
83
0Pot gear CV
n/a
n/a
n/a
n/a
n/aJan 1 - Jun 10
0.0006
8,192
5
6,239
4Sept 10 - Dec 31
0.0006
5,461
3
4,159
2CV < 60 feet LOA using hook-and-line or pot gear
0.0006
1,274
1
970
1Trawl gear CV
n/a
n/a
n/a
n/a
n/aJan 20 - Apr 1
0.8609
29,520
25,414
22,520
19,387Apr 1 - Jun 10
0.8609
4,217
3,630
3,217
2,770Jun 10 - Nov 1
0.8609
8,434
7,261
6,434
5,539Sablefish
BS  trawl gear
0.0906
1,199
109
1,148
104AI trawl gear
0.0645
638
41
582
38Atka mackerel
Eastern AI/BS
n/a
n/a
n/a
n/a
n/aJig gear
0.0031
69
0
69
0Other gear
n/a
n/a
n/a
n/a
n/aJan 1 - Apr 15
0.0032
3,434
11
3,434
11Sept 1 - Nov 1
0.0032
3,434
11
3,434
11Central AI
n/a
n/a
n/a
n/a
n/aJan  - Apr 15
0.0001
18,500
2
13,690
1HLA limit
0.0001
11,100
1
8,214
1Sept 1 - Nov 1
0.0001
18,500
2
13,690
1HLA limit
0.0001
11,100
1
8,214
1Western AI
n/a
n/a
n/a
n/a
n/aJan  - Apr 15
0.0000
7,169
0
4,440
0HLA limit
n/a
4,301
0
2,664
0Sept 1 - Nov 1
0.0000
7,169
0
4,440
0HLA limit
n/a
4,301
0
2,664
0Yellowfin sole
BSAI
0.0647
81,346
5,263
91,495
5,920( print page 1466)Rock sole
BSAI
0.0341
35,275
1,203
37,400
1,275Greenland Turbot
BS
0.0645
1,607
104
1,543
100AI
0.0205
723
15
693
14Arrowtooth  flounder
BSAI
0.0690
11,050
762
15,300
1,056Alaska plaice
BSAI
0.0441
6,800
300
12,750
562Other flatfish
BSAI
0.0441
2,975
131
4,250
187Pacific ocean perch
BS
0.1000
1,190
119
2,516
252Eastern AI
0.0077
2,849
22
3,012
23Central AI
0.0025
2,808
7
2,971
7Western AI
0.0000
4,703
0
4,969
0Northern rockfish
BSAI
0.0084
4,163
35
4,625
39Shortraker rockfish
BSAI
0.0037
537
2
537
2Rougheye rockfish
BSAI
0.0037
207
1
207
1Other rockfish
BS
0.0048
426
2
750
4AI
0.0095
502
5
502
5Squid
BSAI
0.3827
1,084
415
1,084
415Other species
BSAI
0.0541
24,650
1,334
22,950
1,242Flathead Sole
BS trawl gear
0.0505
16,575
837
18,700
944
 Classification This action responds to the best available information recently obtained from the fishery.  The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) and 679.25(c)(2) as such requirement is impracticable and contrary to the public interest.  This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would allow for harvests that exceed the appropriate A and B season apportionments for Atka mackerel based on the best scientific information available.  The Atka mackerel fishery is harvested rapidly and completely in the early part of the A season.  NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of December 13, 2006, and additional time for prior public comment would result in conservation concerns for the ESA-listed Steller sea lions. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3).  This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until January 29, 2007. This action is required by § 679.22 and is exempt from review under Executive Order 12866. Authority:
                    16 U.S.C. 1801 
                        *et seq.* Dated:   January 8, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.


[FR Doc. 07-107 Filed 1-9-07; 2:49 pm] BILLING CODE 3510-22-S