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Thus, Alternatives 3, 4, and 5 had 

greater adverse impacts on small 

entities. Alternative 1 appeared to 

generate higher values of the gross 

revenue index for fishing operations in 

the GOA than Alternative 2. A large part 

of the Alternative 1 GOA revenue 

appears to be due to the assumption that 

the full Alternative 1 TAC would be 

harvested. Much of the larger revenue is 

due to increases in flatfish TACs that 

were much greater for Alternative 1 than 

for Alternative 2. In recent years, halibut 

bycatch constraints in these fisheries 

have kept actual flatfish catches from 

reaching Alternative 1 levels. Therefore, 

a large part of the revenues associated 

with Alternative 1 are unlikely to occur. 

Also, Alternative 2 TACs are 

constrained by the ABCs the Plan Teams 

and SSC are likely to recommend to the 

Council on the basis of a full 

consideration of biological issues. These 

ABCs are often less than Alternative 1’s 

maximum permissible ABCs. Therefore 

higher TACs under Alternative 1 may 

not be consistent with prudent 

biological management of the resource. 

For these reasons, Alternative 2 is the 

preferred alternative. 

This action does not modify 

recordkeeping or reporting 

requirements, or duplicate, overlap, or 

conflict with any Federal rules. 

Adverse impacts on marine mammals 

resulting from fishing activities 

conducted under this rule are discussed 

in the Final EIS (see ADDRESSES). 

Authority: 16 U.S.C. 773 et seq., 1801 et 

seq., 3631 et seq; Pub. L. 108–447. 

Dated: November 29, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 07–5940 Filed 12–5–07; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–7689–01] 

RIN 0648–XD69 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands; Proposed 2008 and 

2009 Harvest Specifications for 

Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes 2008 and 

2009 harvest specifications and 

prohibited species catch allowances for 

the groundfish fisheries of the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

establish harvest limits for groundfish 

during the 2008 and 2009 fishing years 

and to accomplish the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area. 

The intended effect of this action is to 

conserve and manage the groundfish 

resources in the BSAI in accordance 

with the Magnuson-Stevens Fishery 

Conservation and Management Act. 

DATES: Comments must be received by 

January 7, 2008. 

ADDRESSES: You may submit comments, 

identified by ‘‘RIN 0648–XD69,’’ by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal Web site at 

http://www.regulations.gov; 

• Mail: P.O. Box 21668, Juneau, AK 

99802; 

• Fax: (907) 586–7557; or 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

Send comments to Sue Salveson, 

Assistant Regional Administrator, 

Sustainable Fisheries Division, Alaska 

Region, NMFS, Attn: Ellen Sebastian. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

Copies of the Final Alaska Groundfish 

Harvest Specifications Environmental 

Impact Statement (Final EIS), Record of 

Decision (ROD), and Initial Regulatory 

Flexibility Analysis (IRFA) prepared for 

this action are available from NMFS at 

the mailing address above or from the 

Alaska Region Web site at http:// 

www.fakr.noaa.gov. Copies of the final 

2006 Stock Assessment and Fishery 

Evaluation (SAFE) report for the 

groundfish resources of the Bering Sea 

and Aleutian Islands (BSAI), dated 

November 2006, are available from the 

North Pacific Fishery Management 

Council (Council), 605 West 4th 

Avenue, Suite 306, Anchorage, AK 

99510–2252, 907–271–2809, or from its 

Web site at http://www.fakr.noaa.gov/ 

npfmc. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7228, or email at mary.furuness@noaa.gov. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at 50 CFR part 679 

implement the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) and govern the groundfish 

fisheries in the BSAI. The Council 

prepared the FMP and NMFS approved 

it under the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). General 

regulations governing U.S. fisheries also 

appear at 50 CFR part 600. 

The FMP and its implementing 

regulations require NMFS, after 

consultation with the Council, to 

specify annually the total allowable 

catch (TAC) for each target species and 

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) (see § 679.20(a)(1)(i)). 

Section 679.20(c)(1) further requires 

NMFS to publish proposed harvest 

specifications in the Federal Register 

and solicit public comments on 

proposed annual TACs and 

apportionments thereof, prohibited 

species catch (PSC) allowances and 

prohibited species quota (PSQ) reserves 

established by § 679.21, seasonal 

allowances of pollock, Pacific cod, and 

Atka mackerel TAC, Amendment 80 

allocations, and Community 

Development Quota (CDQ) reserve 

amounts established by 

§ 679.20(b)(1)(ii). The proposed harvest 

specifications set forth in Tables 1 

through 12 of this action satisfy these 

requirements. 

Under § 679.20(c)(3), NMFS will 

publish the final harvest specifications 

for 2008 and 2009 after: (1) Considering 

comments received within the comment 

period (see DATES), (2) consulting with 

the Council at its December 2007 

meeting, and (3) considering new 

information presented in the Final EIS 

and the final 2007 SAFE reports 

prepared for the 2008 and 2009 

groundfish fisheries. 

Other Actions Potentially Affecting the 

2008 and 2009 Harvest Specifications 

The Council is considering a proposal 

that would allocate the Pacific cod TAC 

by Bering Sea subarea and Aleutian 

Islands (AI) subarea instead of a 

combined BSAI TAC. Another proposal 


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would separate some species from the 

‘‘other rockfish’’ or ‘‘other species’’

categories so that individual overfishing 

levels (OFLs), acceptable biological 

catches (ABCs), and TACs may be 

established for these species. These 

actions, if submitted and approved by 

the Secretary of Commerce (Secretary), 

could change the final 2008 and 2009 

harvest specifications. Additionally, the 

existing 2008 harvest specifications will 

be updated in early 2008 when final 

harvest specifications for 2008 and new 

harvest specifications for 2009 are 

implemented. 

Proposed ABC and TAC Harvest 

Specifications 

The proposed ABC levels are based on 

the best available biological 

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 OFLs 

involves sophisticated statistical 

analyses of fish populations. The FMP 

specifies a successive series of six tiers 

based on the level of reliable 

information available to fishery 

scientists. Tier one represents the 

highest level of information quality 

available while tier six represents the 

lowest level of information quality 

available. 

Appendix A to the final SAFE report 

for the 2006 BSAI groundfish fisheries 

dated November 2006 (see ADDRESSES) 

sets forth the best information currently 

available. Information on the status of 

stocks, including the 2007 survey 

results, will be updated and considered 

by the Council’s Groundfish Plan Team 

in November 2007 for the 2007 SAFE 

report. The final 2008 and 2009 harvest 

specifications will be based on the 2007 

SAFE report. 

In October 2007, the Scientific and 

Statistical Committee (SSC), Advisory 

Panel, and the Council reviewed the 

Plan Team’s recommended proposed 

2008 and 2009 OFL and ABC amounts. 

The SSC concurred with the Plan 

Team’s recommendations. The 

recommendations are based on rollovers 

of the current 2008 amounts. This uses 

the best information available from the 

2006 stock assessments. 

The Council adopted the OFL and 

ABC amounts recommended by the SSC 

(Table 1). The Council recommended 

that all the proposed 2008 and 2009 

TAC amounts be set equal to the ABC 

amounts except for reduced TAC 

amounts for AI subarea and Bogoslof 

pollock, Pacific cod, Alaska plaice, 

arrowtooth flounder, rock sole, flathead 

sole, yellowfin sole, and ‘‘other 

species.’’ As in previous years, the Plan 

Team, Advisory Panel, SSC, and 

Council recommended that total 

removals of Pacific cod from the BSAI 

not exceed ABC recommendations. 

Accordingly, the Council recommended 

that the proposed 2008 and 2009 Pacific 

cod TACs be adjusted downward from 

the ABCs by amounts equal to 3 percent 

of the ABC. This adjustment is 

necessary to account for the guideline 

harvest level (GHL) established for 

Pacific cod by the State of Alaska (State) 

for a State-managed fishery that occurs 

in State waters in the AI subarea. 

Finally, the Council recommended 

using the 2007 and 2008 PSC 

allowances for the proposed 2008 and 

2009 PSC allowances. The Council will 

reconsider the OFL, ABC, TAC, and PSC 

amounts in December 2007 after the 

Plan Team incorporates new status of 

groundfish stocks information into a 

final 2007 SAFE report for the 2008 and 

2009 BSAI groundfish fishery. None of 

the Council’s recommended proposed 

TACs for 2008 or 2009 exceeds the 

recommended 2008 or 2009 proposed 

ABC for any species category. NMFS 

finds the Council’s recommended 

proposed 2008 and 2009 OFL, ABC, and 

TAC amounts consistent with the best 

available information on the biological 

condition of the groundfish stocks. 

The final rule implementing 

Amendment 80 to the BSAI FMP was 

published in the Federal Register on 

September 14, 2007 (72 FR 52668). 

Amendment 80 allocates total allowable 

catch of specified groundfish species 

and halibut and crab PSC limits among 

several BSAI non-pollock trawl 

groundfish fisheries fishing sectors, and 

it facilitates the formation of harvesting 

cooperatives in the non-American 

Fisheries Act trawl catcher/processor 

sector. The Amendment 80 species are 

Atka mackerel, flathead sole, Pacific 

cod, rock sole, yellowfin sole, and 

Aleutian Islands Pacific ocean perch. 

The final rule implementing 

Amendment 85 to the FMP was 

published in the Federal Register on 

September 4, 2007 (72 FR 50788). 

Amendment 85 revises the current 

allocations of BSAI Pacific cod TAC and 

seasonal apportionments among various 

harvest sectors and seasonal 

apportionments. 

Table 1 lists the proposed 2008 and 

2009 OFL, ABC, TAC, initial TAC 

(ITAC), and CDQ amounts for 

groundfish for the BSAI. The proposed 

apportionment of TAC amounts among 

fisheries and seasons is discussed 

below. 


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Reserves and the Incidental Catch 

Allowance (ICA) for Pollock, Atka 

Mackerel, Flathead Sole, Rock Sole, 

Yellowfin Sole, and Aleutian Islands 

Pacific Ocean Perch 

Section 679.20(b)(1)(i) requires the 

placement of 15 percent of the TAC for 

each target species or ‘‘other species’’

category, except for pollock, the hookand-line and pot gear allocation of 

sablefish, and the Amendment 80 

species, in a non-specified reserve. 

Section 679.20(b)(1)(ii)(B) requires that 

20 percent of the hook-and-line and pot 

gear allocation of sablefish be allocated 

to the fixed gear sablefish CDQ reserve. 

Section 679.20(b)(1)(ii)(D) requires that 

7.5 percent of the trawl gear allocations 

of sablefish and 10.7 percent of Bering 

Sea Greenland turbot and arrowtooth 

flounder be allocated to the respective 

CDQ reserves. Section 679.20(b)(1)(ii)(C) 

requires that 10.7 percent of the TACs 

for Atka mackerel, Aleutian Islands 

Pacific ocean perch, yellowfin sole, rock 

sole, flathead sole, and Pacific cod be 

allocated to the CDQ reserves. Sections 

679.20(a)(5)(i)(A) and 679.31(a) also 

require the allocation of 10 percent of 

the BSAI pollock TACs to the pollock 

CDQ directed fishing allowance (DFA). 

The entire Bogoslof District pollock 

TAC is allocated as an ICA (see 

§ 679.20(a)(5)(ii)). With the exception of 

the hook-and-line and pot gear sablefish 

CDQ reserve, the regulations do not 

further apportion the CDQ reserves by 

gear. Section 679.21(e)(3)(i)(A) requires 

withholding 7.5 percent of the Chinook 

salmon PSC limit, 10.7 percent of the 

crab and non-Chinook salmon PSC 

limits, and 343 metric tons (mt) of 

halibut PSC as PSQ reserves for the CDQ 

fisheries. Sections 679.30 and 679.31 set 

forth regulations governing the 

management of the CDQ and PSQ 

reserves. 

Pursuant to § 679.20(a)(5)(i)(A)(1 ), 

NMFS proposes a pollock ICA of 2.8 

percent of the Bering Sea subarea 

pollock TAC after subtraction of the 10 

percent CDQ reserve. This allowance is 

based on NMFS’s examination of the 

pollock incidental catch, including the 

incidental catch by CDQ vessels, in 

target fisheries other than pollock from 

1999 through 2007. During this 9-year 

period, the pollock incidental catch 

ranged from a low of 2.4 percent in 2006 

to a high of 5 percent in 1999, with a 

9-year average of 3 percent. Pursuant to 

§ 679.20(a)(5)(iii)(B)(2 )(i) and (ii), NMFS 

proposes a pollock ICA of 1,600 mt for 

AI subarea after subtraction of the 10 

percent CDQ DFA. This allowance is 

based on NMFS’s examination of the 

pollock incidental catch, including the 

incidental catch by CDQ vessels, in 

target fisheries other than pollock from 

2003 through 2007. During this 5-year 

period, the incidental catch of pollock 

ranged from a low of 5 percent in 2006 

to a high of 10 percent in 2003, with a 

5-year average of 6 percent. 

Pursuant to § 679.20(a)(8) and (10), 

NMFS proposes ICAs of 2,000 mt of 

flathead sole, 2,000 mt of rock sole, 

2,000 mt of yellowfin sole, 10 mt each 

of Western and Central Aleutian District 

Pacific ocean perch and Atka mackerel, 

100 mt of Eastern Aleutian District 

Pacific ocean perch, and 1,400 mt of 

Eastern Aleutian District and Bering Sea 

subarea Atka mackerel after subtraction 

of the 10.7 percent CDQ reserve. These 

allowances are based on NMFS’s 

examination of the incidental catch in 

other target fisheries from 2003 through 

2007. 

The regulations do not designate the 

remainder of the non-specified reserve 

by species or species group. Any 

amount of the reserve may be 

apportioned to a target species or to the 

‘‘other species’’ category during the 

year, provided that such 

apportionments do not result in 

overfishing (see § 679.20(b)(1)(ii)). 

Allocations of Pollock TAC Under the 

American Fisheries Act (AFA) 

Section 679.20(a)(5)(i)(A) requires that 

the pollock TAC apportioned to the 

Bering Sea subarea, after subtraction of 

10 percent for the CDQ program and 2.8 

percent for the ICA, be allocated as a 

directed fishing allowance (DFA) as 

follows: 50 percent to the inshore sector, 

40 percent to the catcher/processor 

sector, and 10 percent to the mothership 

sector. In the Bering Sea subarea, 40 

percent of the DFA is allocated to the A 

season (January 20–June 10) and 60 

percent of the DFA is allocated to the B 

season (June 10–November 1). The AI 

directed pollock fishery allocation to the 

Aleut Corporation is the amount of 

pollock remaining in the AI subarea 

after subtracting 1,900 mt for the CDQ 

DFA (10 percent) and 1,600 mt for the 

ICA. In the AI subarea, 40 percent of the 

ABC is allocated to the A season and the 

remainder of the directed pollock 

fishery is allocated to the B season. 

Table 2 lists these proposed 2008 and 

2009 amounts. 

Section 679.20(a)(5)(i)(A)(4 ) also 

includes several specific requirements 

regarding Bering Sea subarea pollock 

allocations. First, 8.5 percent of the 

pollock allocated to the catcher/ 

processor sector will be available for 

harvest by AFA catcher vessels with 

catcher/processor sector endorsements, 

unless the Regional Administrator 

receives a cooperative contract that 

provides for the distribution of harvest 

among AFA catcher/processors and 

AFA catcher vessels in a manner agreed 

to by all members. Second, AFA 

catcher/processors not listed in the AFA 

are limited to harvesting not more than 

0.5 percent of the pollock allocated to 

the catcher/processor sector. Table 2 

lists the proposed 2008 and 2009 

allocations of pollock TAC. Tables 9 

through 12 list the AFA catcher/ 

processor and catcher vessel harvesting 

sideboard limits. In past years, the 

proposed harvest specifications 

included text and tables describing 

pollock allocations to the Bering Sea 

subarea inshore pollock cooperatives 

and open access sector. These 

allocations are based on the submission 

of AFA inshore cooperative applications 

due to NMFS on December 1 of each 

calendar year. Because AFA inshore 

cooperative applications for 2008 have 

not been submitted to NMFS, thereby 

preventing NMFS from calculating 2008 

allocations, NMFS has not included 

inshore cooperative text and tables in 

these proposed harvest specifications. 

NMFS will post AFA inshore 


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cooperative allocations on the Alaska 

Region Web site at http:// 

www.fakr.noaa.gov when they become 

available in December 2007. 

Table 2 also lists proposed seasonal 

apportionments of pollock and harvest 

limits within the Steller Sea Lion 

Conservation Area (SCA). The harvest of 

pollock within the SCA, as defined at 

§ 679.22(a)(7)(vii), is limited to 28 

percent of the DFA until April 1. The 

remaining 12 percent of the 40 percent 

annual DFA allocated to the A season 

may be taken outside the SCA before 

April 1 or inside the SCA after April 1. 

If less than 28 percent of the annual 

DFA is taken inside the SCA before 

April 1, the remainder will be available 

to be taken inside the SCA after April 

1. The A season pollock SCA harvest 

limit will be apportioned to each sector 

in proportion to each sector’s allocated 

percentage of the DFA. Table 2 lists by 

sector these proposed 2008 and 2009 

amounts. 


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Allocation of the Atka Mackerel TACs 

Section 679.20(a)(8)(ii) allocates the 

Atka mackerel TACs, after subtraction of 

the CDQ reserves, jig gear allocation, 

and ICAs for the BSAI trawl limited 

access sector and non-trawl gear, to the 

Amendment 80 and BSAI trawl limited 

access sectors. The allocation of the 

ITAC for Atka mackerel to the 

Amendment 80 and BSAI trawl limited 

access sectors is established in Table 33 

to part 679 and § 679.91. 

Pursuant to § 679.20(a)(8)(i), up to 2 

percent of the Eastern Aleutian District 

and Bering Sea subarea Atka mackerel 

ITAC may be allocated to jig gear. The 

amount of this allocation is determined 

annually by the Council based on 

several criteria, including the 

anticipated harvest capacity of the jig 

gear fleet. The Council recommended 

and NMFS proposes a 0.5 percent 

allocation of the Atka mackerel ITAC in 

the Eastern Aleutian District and Bering 

Sea subarea to jig gear in 2008 and 2009. 

Based on the proposed 2008 and 2009 

TAC of 17,600 mt after subtractions of 

the CDQ reserve and ICA, the jig gear 

allocation would be 72 mt for 2008 and 

2009. 

Section 679.20(a)(8)(ii)(A) apportions 

the Atka mackerel ITAC into two equal 

seasonal allowances. The first seasonal 

allowance is made available for directed 

fishing from January 1 (January 20 for 

trawl gear) to April 15 (A season), and 

the second seasonal allowance is made 

available from September 1 to 

November 1 (B season). The jig gear 

allocation is not apportioned by season. 

Pursuant to § 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. 

NMFS will establish HLA limits for 

the CDQ reserve and each of the three 

non-CDQ fishery categories: The BSAI 

trawl limited access sector; the 

Amendment 80 limited access fishery; 

and an aggregate HLA limit applicable 

to all Amendment 80 cooperatives. 

NMFS will assign vessels in each of the 

three non-CDQ fishery categories that 

apply to fish for Atka mackerel in the 

HLA to an HLA fishery based on a 

random lottery of the vessels that apply 

(see § 679.20(a)(8)(iii)). There is no 

allocation of Atka mackerel to the BSAI 

trawl limited access sector in the 

Western Aleutian District. Therefore, no 

vessels in the BSAI trawl limited access 

sector will be assigned to the Western 

Aleutian District HLA fishery. 

Each trawl sector will have a separate 

lottery. A maximum of two HLA 

fisheries will be established in Area 542 

for the BSAI trawl limited access sector. 

A maximum of four HLA fisheries will 

be established for vessels assigned to 

Amendment 80 cooperatives: A first and 

second HLA fishery in Area 542, and a 

first and second HLA fishery in Area 

543. A maximum of four HLA fisheries 

will be established for vessels assigned 

to the Amendment 80 limited access 

fishery: A first and second HLA fishery 

in Area 542, and a first and second HLA 

fishery in Area 543. NMFS will initially 

open fishing for the first HLA fishery in 

all three fishery categories at the same 

time. The initial opening of fishing in 

the HLA will be based on the first 

directed fishing closure of Atka 

mackerel for the Eastern Aleutian 

District and Bering Sea subarea 

allocation for any one of the three 

fishery categories allocated Atka 

mackerel TAC. 


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Allocation of the Pacific Cod TAC 

Section 679.20(a)(7)(i) and (ii) 

requires that the Pacific cod TAC in the 

BSAI, after subtraction of 10.7 percent 

for the CDQ program, be allocated as 

follows: 1.4 percent to vessels using jig 

gear, 2.0 percent to hook-and-line and 

pot catcher vessels less than 60 ft (18.3 

m) length overall (LOA), 0.2 percent to 

hook-and-line catcher vessels greater 

than or equal to 60 ft (18.3 m) LOA, 48.7 

percent to hook-and-line catcher/ 

processors, 8.4 percent to pot catcher 

vessels greater than or equal to 60 ft 

(18.3 m) LOA, 1.5 percent to pot 

catcher/processors, 2.3 percent to AFA 

trawl catcher/processors, 13.4 percent to 

non-AFA trawl catcher/processors, and 

22.1 percent to trawl catcher vessels. 

The ICA for the hook-and-line and pot 

sectors will be deducted from the 

aggregate portion of Pacific cod TAC 

allocated to the hook-and-line and pot 

sectors. The Regional Administrator 

proposes an ICA of 500 mt for 2008 and 

2009 based on anticipated incidental 

catch in these fisheries. The allocation 

of the ITAC for Pacific cod to the 

Amendment 80 sector is established in 

Table 33 to part 679 and § 679.91. 

The Pacific cod ITAC is apportioned 

into seasonal allowances to disperse the 

Pacific cod fisheries over the fishing 

year (see §§ 679.20(a)(7) and 

679.23(e)(5)). In accordance with 

§ 679.20(a)(7)(iv)(B) and (C), any unused 

portion of a seasonal Pacific cod 

allowance will become available at the 

beginning of the next seasonal 

allowance. 

Pursuant to §§ 679.20(a)(7)(i)(B) and 

679.23(e)(5), the CDQ season allowances 

by gear are as follows: for most hookand-line catcher/processors and hookand-line catcher vessels greater than or 

equal to 60 ft (18.3 m) LOA, the first 

seasonal allowance of 60 percent of the 

ITAC is made available for directed 

fishing from January 1 to June 10, and 

the second seasonal allowance of 40 

percent of the ITAC is made available 

from June 10 to December 31. No 

seasonal harvest constraints are 

imposed on the Pacific cod fishery for 

pot gear or catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

gear. For trawl gear, the first season is 

January 20 to April 1 and is allocated 60 

percent of the ITAC. The second season, 

April 1 to June 10, and the third season, 

June 10 to November 1, are each 

allocated 20 percent of the ITAC. The 

trawl catcher vessel allocation is further 

allocated as 70 percent in the first 

season, 10 percent in the second season, 

and 20 percent in the third season. The 

trawl catcher/processor allocation is 

allocated 50 percent in the first season, 

30 percent in the second season, and 20 

percent in the third season. For jig gear, 

the first and third seasonal allowances 

are each allocated 40 percent of the 

ITAC, and the second seasonal 

allowance is allocated 20 percent of the 

ITAC. 

Pursuant to §§ 679.20(a)(7)(iv)(A) and 

679.23(e)(5), the non-CDQ season 

allowances by gear are as follows. For 

hook-and-line and pot catcher/ 

processors and hook-and-line and pot 

vessels greater than or equal to 60 ft 

(18.3 m) LOA, the first seasonal 

allowance of 51 percent of the ITAC is 

made available for directed fishing from 

January 1 to June 10, and the second 

seasonal allowance of 49 percent of the 

ITAC is made available from June 10 

(September 1 for pot gear) to December 

31. No seasonal harvest constraints are 

imposed on the Pacific cod fishery for 

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, the second season is April 

1 to June 10, and the third season is June 

10 to November 1. The trawl catcher 

vessel allocation is further allocated as 

74 percent in the first season, 11 percent 

in the second season, and 15 percent in 

the third season. The trawl catcher/ 

processor allocation is allocated 75 

percent in the first season, 25 percent in 

the second season, and zero percent in 

the third season. For jig gear, the first 

seasonal allowance is allocated 60 

percent of the ITAC, and the second and 

third seasonal allowances are each 

allocated 20 percent of the ITAC. Table 

4 lists the proposed 2008 and 2009 

allocations and seasonal 

apportionments of the Pacific cod TAC. 


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Sablefish Gear Allocation 

Sections 679.20(a)(4)(iii) and (iv) 

require the allocation of sablefish TACs 

for the Bering Sea and AI subareas 

between trawl gear and hook-and-line or 

pot gear. 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 AI 

subarea are 25 percent for trawl gear and 

75 percent for hook-and-line or pot gear. 

Section 679.20(b)(1)(ii)(B) requires 

apportionment of 20 percent of the 

hook-and-line and pot gear allocation of 

sablefish to the CDQ reserve. 

Additionally, § 679.20(b)(1)(ii)(D) 

requires apportionment of 7.5 percent of 

the trawl gear allocation of sablefish to 

the CDQ reserve. The Council 

recommended that only trawl sablefish 

TAC be established biennially. The 

harvest specifications for the hook-andline gear and pot gear sablefish 

Individual Fishing Quota (IFQ) fisheries 

will be limited to the 2008 fishing year 

to ensure those fisheries are conducted 

concurrently with the halibut IFQ 

fishery. Concurrent sablefish and 

halibut IFQ fisheries would reduce the 

potential for discards of halibut and 

sablefish in those fisheries. The 

sablefish IFQ fisheries would remain 

closed at the beginning of each fishing 

year until the final harvest 

specifications for the sablefish IFQ 

fisheries are in effect. Table 5 lists the 

proposed 2008 and 2009 gear 

allocations of the sablefish TAC and 

CDQ reserve amounts. 

Allocation of the Aleutian Islands 

Pacific Ocean Perch, Flathead Sole, 

Rock Sole, and Yellowfin Sole TACs 

Sections 679.20(a)(10)(i) and (ii) 

require the allocation of the Aleutian 

Islands Pacific ocean perch, flathead 

sole, rock sole, and yellowfin sole TACs 

in the BSAI, after subtraction of 10.7 

percent for the CDQ reserve and an ICA 

for the BSAI trawl limited access sector 

and vessels using non-trawl gear. The 

allocation of the ITAC for Aleutian 

Islands Pacific ocean perch, flathead 

sole, rock sole, and yellowfin sole to the 

Amendment 80 sector is established in 

Tables 33 and 34 to part 679 and 

§ 679.91. Table 6 lists the proposed 2008 

and 2009 allocations and seasonal 

apportionments of the Aleutian Islands 

Pacific ocean perch, flathead sole, rock 

sole, and yellowfin sole TACs. 


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Allocation of PSC Limits for Halibut, 

Salmon, Crab, and Herring 

Section 679.21(e) sets forth the BSAI 

PSC limits. Pursuant to § 679.21(e)(1)(iv) 

and (e)(2), the 2008 and 2009 BSAI 

halibut mortality limits are 3,675 mt for 

trawl fisheries and 900 mt for the nontrawl fisheries. Sections 679.21(e)(3)(i) 

and (e)(4)(i)(A) allocate 276 mt of the 

trawl halibut mortality and 7.5 percent, 

or 67 mt, of the non-trawl halibut 

mortality limit as the prohibited species 

quota (PSQ) reserve for use by the 

groundfish CDQ program. Section 

679.21(e)(1)(vii) specifies 29,000 fish as 

the 2008 and 2009 Chinook salmon PSC 

limit for the Bering Sea subarea pollock 

fishery. Section 679.21(e)(3)(i)(A)(3)(i) 

allocates 7.5 percent, or 2,175 Chinook 

salmon, as the PSQ reserve for the CDQ 

program and allocates the remaining 

26,825 Chinook salmon to the non-CDQ 

fisheries. Section 679.21(e)(1)(ix) 

specifies 700 fish as the 2008 and 2009 

Chinook salmon PSC limit for the AI 

subarea pollock fishery. Section 

679.21(e)(3)(i)(A)(3)(i) allocates 7.5 

percent, or 53 Chinook salmon, as the 

AI subarea PSQ for the CDQ program 

and allocates the remaining 647 

Chinook salmon to the non-CDQ 

fisheries. Section 679.21(e)(1)(viii) 

specifies 42,000 fish as the 2008 and 

2009 non-Chinook salmon PSC limit. 

Section 679.21(e)(3)(i)(A)(3)(ii) allocates 

10.7 percent, or 4,494 non-Chinook 

salmon, as the PSQ for the CDQ program 

and allocates the remaining 37,506 nonChinook salmon to the non-CDQ 

fisheries. 

PSC limits for crab and herring are 

specified annually based on abundance 

and spawning biomass. Due to the lack 

of new information as of October 2007 

regarding PSC limits and 

apportionments, the Council 

recommended and NMFS proposes 

using the crab and herring 2007 and 

2008 PSC limits and apportionments for 

the proposed 2008 and 2009 limits and 

apportionments. The Council will 

reconsider these amounts in December 

2007, based on recommendations by the 

Plan Team and the SSC. Pursuant to 

§ 679.21(e)(3)(i)(A)(1), 10.7 percent of 

each PSC limit specified for crab is 

allocated as a PSQ reserve for use by the 

groundfish CDQ program. 

The red king crab mature female 

abundance is estimated from the 2006 

survey data at 29.7 million red king 

crabs, and the effective spawning 

biomass is estimated at 157 million 

pounds (71,215 mt). Based on the 

criteria set out at § 679.21(e)(1)(ii), the 

proposed 2008 and 2009 PSC limit of 

red king crab in Zone 1 for trawl gear 

is 197,000 animals. This limit derives 

from the mature female abundance 

estimate of more than 8.4 million king 

crab and the effective spawning biomass 

estimate of more than 55 million 

pounds (24,948 mt). 

Section 679.21(e)(3)(ii)(B)(2) 

establishes criteria under which NMFS 

must specify an annual red king crab 

bycatch limit for the Red King Crab 

Savings Subarea (RKCSS). The 

regulations limit the RKCSS to up to 25 

percent of the red king crab PSC 

allowance based on the need to 

optimize the groundfish harvest relative 

to red king crab bycatch. NMFS 

proposes the Council’s recommendation 

that the red king crab bycatch limit be 

equal to 25 percent of the red king crab 

PSC allowance within the RKCSS (Table 

7b). 

Based on 2006 survey data, Tanner 

crab (Chionoecetes bairdi) abundance is 

estimated at 866 million animals. Given 

the criteria set out at § 679.21(e)(1)(iii), 

the calculated 2008 and 2009 C. bairdi 

crab PSC limit for trawl gear is 980,000 

animals in Zone 1 and 2,970,000 

animals in Zone 2. These limits derive 

from the C. bairdi crab abundance 


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estimate of more than 400 million 

animals. 

Pursuant to § 679.21(e)(1)(iv), the PSC 

limit for snow crab (C. opilio) is based 

on total abundance as indicated by the 

NMFS annual bottom trawl survey. The 

C. opilio crab PSC limit is set at 0.1133 

percent of the Bering Sea abundance 

index. Based on the 2006 survey 

estimate of 3.25 billion animals, the 

calculated limit is 4,350,000 animals. 

Pursuant to § 679.21(e)(1)(vi), the PSC 

limit of Pacific herring caught while 

conducting any trawl operation for BSAI 

groundfish is 1 percent of the annual 

eastern Bering Sea herring biomass. The 

best estimate of 2008 and 2009 herring 

biomass is 178,652 mt. This amount was 

derived using 2006 survey data and an 

age-structured biomass projection model 

developed by the Alaska Department of 

Fish and Game. Therefore, the herring 

PSC limit proposed for 2008 and 2009 

is 1,787 mt for all trawl gear as 

presented in Tables 7a and b. 

Section 679.21(e)(3) requires, after 

subtraction of PSQ reserves, that crab 

and halibut trawl PSC be apportioned 

between the BSAI trawl limited access 

and Amendment 80 sectors as presented 

in Table 7a. The amount of 2008 and 

2009 PSC assigned to the Amendment 

80 sector is specified in Table 35 to part 

679. Pursuant to § 679.21(e)(1)(iv) and 

§ 679.91(d) through (f), crab and halibut 

trawl PSC assigned to the Amendment 

80 sector is then sub-allocated to 

Amendment 80 cooperatives as PSC 

cooperative quota (CQ) and to the 

Amendment 80 limited access fishery as 

presented in Tables 7d and e. PSC CQ 

assigned to Amendment 80 cooperatives 

is not allocated to specific fishery 

categories. Section 679.21(e)(3)(i)(B) 

requires the apportionment of each 

trawl PSC limit not assigned to 

Amendment 80 cooperatives into PSC 

bycatch allowances for seven specified 

fishery categories. 

Section 679.21(e)(4)(i)(B) requires the 

apportionment of halibut to the nontrawl fishery categories based on each 

category’s proportional share of the 

anticipated bycatch mortality of halibut 

during a fishing year and the need to 

optimize the amount of total groundfish 

harvested under the non-trawl halibut 

PSC limits. Section 679.21(e)(4)(ii) 

authorizes the apportionment of the 

non-trawl halibut PSC limit into PSC 

bycatch allowances among six fishery 

categories. Table 7c lists the fishery 

bycatch allowances for the BSAI trawl 

limited access and non-trawl fisheries. 

Section 679.21(e)(4)(ii) also authorizes 

the exemption of specified non-trawl 

fisheries from the halibut PSC limit. As 

in past years after consultation with the 

Council, NMFS proposes to exempt pot 

gear, jig gear, and the sablefish IFQ 

hook-and-line gear fishery categories 

from halibut bycatch restrictions 

because (1) the pot gear fisheries have 

low halibut bycatch mortality, (2) 

halibut mortality for the jig gear fleet is 

assumed to be negligible, and (3) the 

sablefish and halibut IFQ fisheries have 

low halibut bycatch mortality because 

the IFQ program (subpart D of 50 CFR 

part 679) requires legal-size halibut to 

be retained by vessels using hook-andline gear if a halibut IFQ permit holder 

or a hired master is aboard and is 

holding unused halibut IFQ. In 2007, 

total groundfish catch for the pot gear 

fishery in the BSAI was approximately 

19,916 mt, with an associated halibut 

bycatch mortality of about 1 mt. The 

2007 jig gear fishery harvested about 89 

mt of groundfish. Most vessels in the jig 

gear fleet are less than 60 ft (18.3 m) 

LOA and thus are exempt from observer 

coverage requirements. As a result, 

observer data are not available on 

halibut bycatch in the jig gear fishery. 

However, a negligible amount of halibut 

bycatch mortality is assumed because of 

the selective nature of jig gear and the 

low mortality rate of halibut caught with 

jig gear and released. 

Section 679.21(e)(5) authorizes 

NMFS, after consultation with the 

Council, to establish seasonal 

apportionments of PSC amounts for the 

BSAI trawl limited access and 

Amendment 80 limited access sectors in 

order to maximize the ability of the fleet 

to harvest the available groundfish TAC 

and to minimize bycatch. The factors to 

be considered are (1) seasonal 

distribution of prohibited species, (2) 

seasonal distribution of target 

groundfish species, (3) PSC bycatch 

needs on a seasonal basis relevant to 

prohibited species biomass, (4) expected 

variations in bycatch rates throughout 

the year, (5) expected start of fishing 

effort, and (6) economic effects of 

seasonal PSC apportionments on 

industry sectors. NMFS proposes the 

Council’s recommendation of the 

seasonal PSC apportionments in Tables 

7c and 7e to maximize harvest among 

gear types, fisheries, and seasons while 

minimizing bycatch of PSC based on the 

above criteria. 


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68848 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 

Halibut Discard Mortality Rates 

To monitor halibut bycatch mortality 

allowances and apportionments, the 

Regional Administrator uses observed 

halibut bycatch rates, discard mortality 

rates (DMR), and estimates of 

groundfish catch to project when a 

fishery’s halibut bycatch mortality 

allowance or seasonal apportionment is 

reached. The DMRs are based on the 

best information available, including 

information contained in the annual 

SAFE report. 

NMFS proposes the Council’s 

recommendation that the halibut DMRs 

developed and recommended by the 

International Pacific Halibut 

Commission (IPHC) for the 2008 and 

2009 BSAI groundfish fisheries be used 

for monitoring the proposed 2008 and 

2009 halibut bycatch allowances (see 

Tables 7a-e). The DMRs proposed for 

the 2008 and 2009 BSAI non-CDQ 

fisheries are the same as those used in 

2007. The IPHC developed the DMRs for 

the 2008 and 2009 BSAI non-CDQ 

groundfish fisheries using the 10-year 

mean DMRs for those fisheries. The 

IPHC changed the DMRs for the 2008 

and 2009 BSAI CDQ groundfish 

fisheries using the 1998 to 2006 DMRs 

for those fisheries. The IPHC will 

analyze observer data annually and 

recommend changes to the DMRs when 

a fishery DMR shows large variation 

from the mean. A copy of the document 

justifying these DMRs is available from 

the Council (see ADDRESSES) and the 

DMRs are discussed in Appendix A of 

the final 2006 SAFE report dated 

November 2006. Table 8 lists the 

proposed 2008 and 2009 DMRs. 


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Central Gulf of Alaska Rockfish Pilot 

Program (Rockfish program) 

The Council adopted the Rockfish 

program to meet the requirements of 

Section 802 of the Consolidated 

Appropriations Act of 2004 (Public Law 

108–199) on June 6, 2005. The basis for 

the BSAI fishing prohibitions and the 

catcher vessel BSAI Pacific cod 

sideboard limits of the Rockfish 

program are discussed in detail in final 

rule for Amendment 68 to the FMP for 

Groundfish of the GOA (71 FR 67210, 

November 20, 2006). Pursuant to 

§ 679.82(d)(6)(i), the proposed catcher 

vessel BSAI Pacific cod sideboard limit 

would be 0.0 mt, and in the final 2008 

and 2009 harvest specifications this 

would effectively close directed fishing 

for BSAI Pacific cod in July for catcher 

vessels under the Rockfish program 

sideboard limitations. 

Listed AFA Catcher/Processor 

Sideboard Limits 

Pursuant to § 679.64(a), the Regional 

Administrator is responsible for 

restricting the ability of listed AFA 

catcher/processors to engage in directed 

fishing for groundfish species other than 

pollock to protect participants in other 

groundfish fisheries from adverse effects 

resulting from the AFA and from fishery 

cooperatives in the directed pollock 

fishery. Table 9 lists the proposed 2008 

and 2009 catcher/processor sideboard 

limits. The basis for these proposed 

sideboard limits is described in detail in 

the final rules implementing the major 

provisions of the AFA (67 FR 79692, 

December 30, 2002) and Amendment 80 

(72 FR 52668, September 14, 2007). 

All harvests of groundfish sideboard 

species by listed AFA catcher/ 

processors, whether as targeted catch or 

incidental catch, will be deducted from 

the proposed sideboard limits in Table 

9. However, groundfish sideboard 

species that are delivered to listed AFA 

catcher/processors by catcher vessels 

will not be deducted from the proposed 

2008 and 2009 sideboard limits for the 

listed AFA catcher/processors. 


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Section 679.64(a)(2) and Tables 40 

and 41 to part 679 establish a formula 

for PSC sideboard limits for listed AFA 

catcher/processors. The basis for these 

sideboard limits is described in detail in 

the final rules implementing the major 


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provisions of the AFA (67 FR 79692, 

December 30, 2002) and Amendment 80 

(72 FR 52668, September 14, 2007). 

PSC species listed in Table 10 that are 

caught by listed AFA catcher/processors 

participating in any groundfish fishery 

other than pollock will accrue against 

the proposed 2008 and 2009 PSC 

sideboard limits for the listed AFA 

catcher/processors. Section 

679.21(e)(3)(v) authorizes NMFS to 

close directed fishing for groundfish 

other than pollock for listed AFA 

catcher/processors once a proposed 

2008 or 2009 PSC sideboard limit listed 

in Table 10 is reached. 

Crab or halibut PSC caught by listed 

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 according to 

regulations at § 679.21(e)(3)(iv). 

AFA Catcher Vessel Sideboard Limits 

Pursuant to § 679.64(b), the Regional 

Administrator is responsible for 

restricting the ability of AFA catcher 

vessels to engage in directed fishing for 

groundfish species other than pollock to 

protect participants in other groundfish 

fisheries from adverse effects resulting 

from the AFA and from fishery 

cooperatives in the directed pollock 

fishery. Section 679.64(b) establishes 

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 final 

rules implementing the major 

provisions of the AFA (67 FR 79692, 

December 30, 2002) and Amendment 80 

(72 FR 52668, September 14, 2007). 

Tables 11 and 12 list the proposed 2008 

and 2009 AFA catcher vessel sideboard 

limits. 

All catch of groundfish sideboard 

species made by non-exempt AFA 

catcher vessels, whether as targeted 

catch or as incidental catch, will be 

deducted from the proposed 2008 and 

2009 sideboard limits listed in Table 11. 


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Halibut and crab PSC listed in Table 

12 that are caught by AFA catcher 

vessels participating in any groundfish 

fishery other than pollock will accrue 

against the proposed 2008 and 2009 PSC 

sideboard limits for the AFA catcher 

vessels. Sections 679.21(d)(8) and 

(e)(3)(v) authorize NMFS to close 

directed fishing for groundfish other 

than pollock for AFA catcher vessels 

once a proposed 2008 and 2009 PSC 

sideboard limit listed in Table 12 is 

reached. The PSC caught by AFA 

catcher vessels while fishing for pollock 

in the BSAI will accrue against the 

bycatch allowances annually specified 

for either the midwater pollock or the 

pollock/Atka mackerel/‘‘other species’’’

fishery categories under regulations at 

§ 679.21(e)(3)(iv). 


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Classification 

NMFS has determined that the 

proposed specifications are consistent 

with the FMP and preliminarily 

determined that the proposed 

specifications are consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is authorized under 50 

CFR 679.20 and is exempt from review 

under Executive Order 12866. 

NMFS prepared a Final EIS for this 

action and made it available to the 

public on January 12, 2007 (72 FR 

1512). On February 13, 2007, NMFS 

issued the Record of Decision (ROD) for 

the Final EIS. Copies of the Final EIS 

and ROD for this action are available 

from NMFS (see ADDRESSES). The 

Final EIS analyzes the environmental 

consequences of the proposed action 

and its alternatives on resources in the 

action area. The Final EIS found no 

significant environmental consequences 

from the proposed action or its 

alternatives. 

NMFS also prepared an Initial 

Regulatory Flexibility Analysis (IRFA) 

as required by Section 603 of the 

Regulatory Flexibility Act. The IRFA 

evaluates the impacts on small entities 

of alternative harvest strategies for the 

groundfish fisheries in the Exclusive 

Economic Zone (EEZ) off of Alaska. 

While the specification numbers may 

change from year to year, the harvest 

strategy for establishing those numbers 

remains the same. NMFS therefore is 

using the same IRFA prepared in 

connection with the EIS. NMFS 

published notice of the availability of 

the IRFA and its summary in the 

classification section of the proposed 

harvest specifications for the groundfish 

fisheries in the BSAI in the Federal 

Register on December 15, 2006 (71 FR 

75460). The comment period on the 

BSAI proposed harvest specifications 

and IRFA ended on January 16, 2007. 

NMFS did not receive any comments on 

the IRFA. 

A description of the action, why it is 

being considered, and the legal basis for 

this action are contained in the 

preamble above. This IRFA meets the 

statutory requirements of the Regulatory 

Flexibility Act of 1980, as amended by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 (5 

U.S.C. 601–612). A copy of this analysis 

is available from NMFS (see 

ADDRESSES). A summary of the IRFA 

follows. 

The action under consideration is a 

harvest strategy to govern the catch of 

groundfish in the BSAI. The preferred 

alternative is the status quo harvest 

strategy in which TACs fall within the 

range of ABCs recommended by the 

Council’s harvest specification process 

and TACs recommended by the Council. 

This action is taken in accordance with 

the FMP prepared by the Council 

pursuant to the Magnuson-Stevens Act. 

The directly regulated small entities 

include approximately 810 small 

catcher vessels, fewer than 20 small 

catcher/processors, and six CDQ groups. 

The entities directly regulated by this 

action are those that harvest groundfish 

in the EEZ of the BSAI and in parallel 

fisheries within State of Alaska waters. 

These include entities operating catcher 

vessels and catcher/processor vessels 

within the action area, and entities 

receiving direct allocations of 

groundfish. Catcher vessels and catcher/ 

processors were considered to be small 

entities if their annual gross receipts 


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from all economic activities, including 

the revenue of their affiliated 

operations, totaled $4 million per year 

or less. Data from 2005 were the most 

recent available to determine the 

number of small entities. 

Estimates of first wholesale gross 

revenues for the BSAI non-CDQ and 

CDQ sectors were used as indices of the 

potential impacts of the alternative 

harvest strategies on small entities. 

Revenues were projected to decline 

from 2006 levels in 2007 and 2008 

under the preferred alternative due to 

declines in ABCs for economically key 

groundfish species. 

The preferred alternative (Alternative 

2) was compared to four other 

alternatives. These included Alternative 

1, which would have set TACs to 

generate fishing rates equal to the 

maximum permissible ABC (if the full 

TAC were harvested), unless the sum of 

TACs exceeded the BSAI optimum 

yield, in which case TACs would have 

been limited to the optimum yield. 

Alternative 3 would have set TACs to 

produce fishing rates equal to the most 

recent five-year average fishing rates. 

Alternative 4 would have set TACs to 

equal the lower limit of the BSAI 

optimum yield range. Alternative 5 

would have set TACs equal to zero. 

Alternative 5 is the ‘‘no action’’

alternative. 

Alternatives 3, 4, and 5 produced 

smaller first wholesale revenue indices 

for both non-CDQ and CDQ sectors than 

Alternative 2. Alternative 1 revenues 

were the same as Alternative 2 revenues 

in the BSAI for both sectors. Moreover, 

higher Alternative 1 TACs are 

associated with maximum permissible 

ABCs, while Alternative 2 TACs are 

associated with the ABCs that have been 

recommended to the Council by the 

Plan Team and the SSC, and more fully 

consider other potential biological 

issues. For these reasons, Alternative 2 

is the preferred alternative. 

This action does not modify 

recordkeeping or reporting 

requirements, or duplicate, overlap, or 

conflict with any Federal rules. 

Adverse impacts on marine mammals 

resulting from fishing activities 

conducted under these harvest 

specifications are discussed in the Final 

EIS (see ADDRESSES). 

Authority: 16 U.S.C. 773, et seq., 1801, et 

seq., 3631, et seq.; Pub. L. 108–447. 

Dated: November 29, 2007 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 07–5943 Filed 12–5–07; 8:45 am] 

BILLING CODE 3510–22–P 


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