68810 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Approximately 1,050 feet downstream of Russell Avenue.+1073 +1075 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

*** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Baneberry 

Maps are available for inspection at 667 Harrison Ferry Road, Baneberry, TN 37890. 

Town of Dandridge 

Maps are available for inspection at P.O. Box 249, Dandridge, TN 37725. 

Town of Jefferson City 

Maps are available for inspection at P.O. Box 530, 112 West Broadway Boulevard, Jefferson City, TN 37760 

Unincorporated Areas of Jefferson County 

Maps are available for inspection at P.O. Box 710, 214 West Main Street, Dandridge, TN 37725. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: November 30, 2007. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E7–23706 Filed 12–5–07; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–7723–01] 

RIN 0648–XD67 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska; 

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, reserves 

and apportionments, and Pacific halibut 

prohibited species catch (PSC) for the 

groundfish fishery of the Gulf of Alaska 

(GOA). 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 Gulf of 

Alaska (FMP). The intended effect of 

this action is to conserve and manage 

the groundfish resources in the GOA in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Comments must be received by 

January 7, 2008. 

ADDRESSES: You may submit comments, 

identified by ‘‘RIN 0648–XD67’’, 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 

PDF file formats only. 

Copies of the Final Alaska Groundfish 

Harvest Specifications Environmental 

Impact Statement (Final EIS) and the 

Initial Regulatory Flexibility Analysis 

(IRFA) prepared for this action are 

available from NMFS at the addresses 

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 GOA, dated 

November 2006, and the October 2007 

North Pacific Fishery Management 

Council (Council) meeting minutes are 

available from the Council at 605 West 

4th Avenue, Suite 306, Anchorage, AK 

99510 or from its Web site at http:// 

www.fakr.noaa.gov/npfmc. 

FOR FURTHER INFORMATION CONTACT: Tom 

Pearson, Sustainable Fisheries Division, 

Alaska Region, 907–481–1780, or e-mail 

at tom.pearson@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the GOA groundfish fisheries 

in the exclusive economic zone (EEZ) of 

the GOA under the FMP. The Council 

prepared the FMP under the authority of 

the Magnuson-Stevens Act, 16 U.S.C. 

1801, et seq. Regulations governing U.S. 

fisheries and implementing the FMP 

appear at 50 CFR parts 600, 679, and 

680. 

These proposed specifications are 

based in large part on the 2006 SAFE 

reports. In November 2007, the 2007 


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SAFE reports were used to develop the 

2008 and 2009 final acceptable 

biological catch (ABC) amounts. 

Anticipated changes in the final 

specifications from the proposed 

specifications are identified in this 

notice for public review. 

The FMP and its implementing 

regulations require NMFS, after 

consultation with the Council, to 

specify the total allowable catch (TAC) 

for each target species and for the ‘‘other 

species’’ category, the sum of which 

must be within the optimum yield (OY) 

range of 116,000 to 800,000 metric tons 

(mt). Section 679.20(c)(1) further 

requires NMFS to publish and solicit 

public comment on proposed annual 

TACs, halibut PSC amounts, and 

seasonal allowances of pollock and 

inshore/offshore Pacific cod. The 

proposed specifications in Tables 1 

through 17 of this document satisfy 

these requirements. For 2008 and 2009, 

the sum of the proposed TAC amounts 

is 286,173 mt. Under § 679.20(c)(3), 

NMFS will publish the 2008 and 2009 

final specifications after (1) considering 

comments received within the comment 

period (see DATES), (2) consulting with 

the Council at its December 2007 

meeting, and (3) considering 

information presented in the Final EIS 

and the final 2007 SAFE report prepared 

for the 2008 and 2009 groundfish 

fisheries. 

Other Rules Affecting the 2008 and 

2009 Harvest Specifications 

Congress granted NMFS specific 

statutory authority to manage Central 

GOA rockfish fisheries in Section 802 of 

the Consolidated Appropriations Act of 

2004 (Pub. L. 108–199; Section 802). 

The elements of the Central Gulf of 

Alaska Rockfish Pilot Program (Rockfish 

Program) are discussed in detail in the 

proposed and final rules to Amendment 

68 to the FMP (71 FR 33040, June 7, 

2006, and 71 FR 67210, November 20, 

2006, respectively). The Rockfish 

Program is authorized for five years, 

from January 1, 2007 until December 31, 

2011. 

The Rockfish Program allocates 

exclusive harvesting and processing 

privileges for the following primary 

rockfish species: Northern rockfish, 

Pacific ocean perch, and pelagic shelf 

rockfish. Secondary species are those 

species incidentally harvested during 

the primary rockfish species fisheries 

and include Pacific cod, rougheye 

rockfish, shortraker rockfish, sablefish, 

and thornyhead rockfish. The Rockfish 

Program also allocates a portion of the 

total GOA halibut mortality limit 

annually specified under § 679.21 to 

participants based on historic halibut 

mortality rates in the primary rockfish 

species fisheries. The 2008 amounts of 

primary rockfish species, secondary 

species, and halibut mortality to be 

allocated to the Rockfish Program will 

not be known until eligible participants 

apply for participation in the Rockfish 

Program by March 1, 2008. These 

amounts will be posted on the Alaska 

Region Web site at http:// 

www.fakr.noaa.gov when they become 

available early in 2008. The entry level 

allocation of rockfish, after subtraction 

of incidental catch amounts, is equal to 

5 percent of the Central GOA TAC for 

Pacific ocean perch, northern rockfish, 

and pelagic shelf rockfish. Table 6 lists 

the proposed 2008 and 2009 allocations 

of rockfish in the Central GOA to the 

entry level fishery. 

The Rockfish Program also establishes 

catch limits, commonly called 

‘‘sideboards,’’ to limit the ability of 

participants eligible for this program to 

harvest fish in fisheries other than the 

Central GOA rockfish fisheries. 

Sideboards limit harvest in specific 

rockfish fisheries in the Western GOA 

and in the West Yakutat District and the 

amount of halibut bycatch that can be 

used in certain flatfish fisheries. Table 

14 lists the proposed 2008 and 2009 

Rockfish Program harvest limits. Table 

15 lists the proposed 2008 and 2009 

Rockfish Program halibut mortality 

limits for catcher processors and catcher 

vessels. 

Proposed and final rules to implement 

Amendment 80 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (BSAI FMP) were 

published in the Federal Register on 

May 30, 2007 (72 FR 30052) and 

September 14, 2007 (72 FR 52668). 

Amendment 80 (hereinafter referred to 

as the ‘‘Amendment 80 program’’) 

allocates several BSAI non-pollock trawl 

groundfish fisheries among fishing 

sectors, and facilitates the formation of 

harvesting cooperatives in the nonAmerican Fisheries Act (AFA) trawl 

catcher processor sector. The 

Amendment 80 program establishes a 

limited access privilege program for the 

non-AFA trawl catcher processor sector. 

In order to limit the ability of 

participants eligible for the Amendment 

80 program to expand their harvest 

efforts in the GOA, the Amendment 80 

program establishes groundfish and 

halibut PSC catch limits for Amendment 

80 program participants in the GOA. 

Table 16 lists the proposed 2008 and 

2009 sideboard limits for Amendment 

80 program participants. Table 17 lists 

the proposed 2008 and 2009 halibut 

PSC limits for Amendment 80 vessels 

using trawl gear. 

In April 2007, the Council 

recommended Amendment 77 to the 

GOA FMP. Amendment 77, if approved, 

would remove dark rockfish from the 

pelagic shelf rockfish (PSR) complex in 

the GOA FMP in order to allow the State 

to assume management of dark rockfish. 

This action is necessary to allow the 

State to implement more responsive, 

regionally based management measures 

than are currently possible under the 

FMP. From 1997 to 2005, NMFS survey 

biomass estimates of dark rockfish in 

the PSR complex have averaged 3.5 

percent of the total PSR biomass. If 

Amendment 77 is approved, a reduction 

of 3.5 percent could be expected in the 

overfishing level (OFL), ABC, and TAC 

levels for the PSR complex in 2009. The 

amounts of 2009 PSR will be available 

following the Plan Team’s meeting in 

November 2007. 

Proposed ABC and TAC Specifications 

The proposed ABCs and TACs are 

based on the best available biological 

and socioeconomic data, including 

projected biomass trends, information 

on assumed distribution of stock 

biomass, and revised methods used to 

calculate stock biomass. The FMP 

specifies the formulas, or tiers, to be 

used to compute ABCs and OFLs. The 

formulas applicable to a particular stock 

or stock complex are determined by the 

level of reliable information available to 

fisheries scientists. Tier one represents 

the highest level of information quality 

available and tier six represents the 

lowest level of information quality 

available. 

In October 2007, the Council, the 

Scientific and Statistical Committee 

(SSC), and the Advisory Panel (AP), 

reviewed current biological and harvest 

information about the condition of GOA 

groundfish stocks, most of which was 

initially compiled by the GOA 

Groundfish Plan Team (Plan Team) and 

was presented in the final 2006 SAFE 

report for the GOA groundfish fisheries, 

dated November 2006 (see ADDRESSES). 

The SAFE report contains a review of 

the latest scientific analyses, estimates 

of each species’ biomass and other 

biological parameters, as well as 

summaries of the available information 

on the GOA ecosystem and the 

economic condition of the groundfish 

fisheries off Alaska. From these 

analyses, the Plan Team estimates an 

ABC for each species category. The Plan 

Team will update the 2006 SAFE report 

to include new information collected 

during 2007. The Plan Team will 

provide revised stock assessments in 

November 2007 in the final 2007 SAFE 

report. The Council will review the 

2007 SAFE report in December 2007. 


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The final 2008 and 2009 harvest 

specifications may be adjusted from the 

proposed harvest specifications based 

on the 2007 SAFE report. 

The SSC adopted the proposed 2008 

and 2009 OFL and ABC 

recommendations from the Plan Team 

for all groundfish species. These 

amounts are unchanged from the final 

2008 harvest specifications published in 

the Federal Register on March 5, 2007 

(72 FR 9676). The AP and the Council 

recommendations for the proposed 2008 

and 2009 OFL, ABC, and TAC amounts 

are also based on the final 2008 harvest 

specifications published in the Federal 

Register on March 5, 2007 (72 FR 9676). 

For 2008 and 2009, the Council 

recommended and NMFS proposes the 

OFLs and ABCs listed in Table 1. The 

proposed ABCs reflect harvest amounts 

that are less than the specified 

overfishing amounts. The sum of the 

proposed 2008 and 2009 ABCs for all 

assessed groundfish is 511,838 mt, 

which is higher than the final 2007 ABC 

total of 490,327 mt (72 FR 9676, March 

5, 2007). 

Specification and Apportionment of 

TAC Amounts 

The Council recommended proposed 

TACs for 2008 and 2009 that are equal 

to proposed ABCs for pollock, deepwater flatfish, rex sole, sablefish, Pacific 

ocean perch, shortraker rockfish, 

rougheye rockfish, northern rockfish, 

pelagic shelf rockfish, thornyhead 

rockfish, demersal shelf rockfish, and 

skates. The Council recommended 

proposed TACs for 2008 and 2009 that 

are less than the proposed ABCs for 

Pacific cod, flathead sole, shallow-water 

flatfish, arrowtooth flounder, other 

rockfish, and Atka mackerel. 

The apportionment of annual pollock 

TAC among the Western and Central 

Regulatory Areas of the GOA reflects the 

seasonal biomass distribution and is 

discussed in greater detail below. The 

annual pollock TAC in the Western and 

Central Regulatory Areas of the GOA is 

apportioned among Statistical Areas 

610, 620, and 630, as well as equally 

among each of the following four 

seasons: the A season (January 20 

through March 10), the B season (March 

10 through May 31), the C season 

(August 25 through October 1), and the 

D season (October 1 through November 

1) (50 CFR 679.23(d)(2)(i) through (iv) 

and 679.20(a)(5)(iv)(B)). 

As in 2007, the SSC and Council 

recommended that the method of 

apportioning the sablefish ABC among 

management areas in 2008 and 2009 

include commercial fishery and survey 

data. NMFS stock assessment scientists 

believe that unbiased commercial 

fishery catch-per-unit-effort data are 

useful for stock distribution 

assessments. NMFS evaluates annually 

the use of commercial fishery data to 

ensure that unbiased information is 

included in stock distribution models. 

The Council’s recommendation for 

sablefish area apportionments also takes 

into account the prohibition on the use 

of trawl gear in the Southeast Outside 

(SEO) District of the Eastern Regulatory 

Area and makes available 5 percent of 

the combined Eastern Regulatory Area 

TACs to trawl gear for use as incidental 

catch in other directed groundfish 

fisheries in the West Yakutat District 

(WYK) (§ 679.20(a)(4)(i)). 

The AP, SSC, and Council 

recommended apportioning the ABC for 

Pacific cod in the GOA among 

regulatory areas based on the three most 

recent NMFS summer trawl surveys. As 

in previous years, the Plan Team, SSC, 

and Council recommended that the sum 

of all State and Federal water Pacific 

cod removals from the GOA not exceed 

ABC recommendations. The proposed 

2008 and 2009 Pacific cod TACs are 

affected by the State’s fishery for Pacific 

cod in its waters in the Western and 

Central Regulatory Areas, as well as in 

Prince William Sound (PWS). 

Accordingly, the Council 

recommended the proposed 2008 and 

2009 Pacific cod TACs be reduced from 

proposed ABC amounts to account for 

guideline harvest levels (GHL) 

established for Pacific cod by the State 

for fisheries that occur in State waters 

of the GOA. Therefore, the proposed 

2008 and 2009 Pacific cod TACs are less 

than the proposed ABCs by the 

following amounts (1) Eastern GOA, 428 

mt; (2) Central GOA, 9,817 mt; and (3) 

Western GOA, 6,961 mt. These amounts 

reflect the sum of the State’s 2008 and 

2009 GHLs in these areas, which are 10 

percent, 25 percent, and 25 percent of 

the Eastern, Central, and Western GOA 

proposed ABCs, respectively. 

NMFS also is proposing seasonal 

apportionments of the annual Pacific 

cod TACs in the Western and Central 

Regulatory Areas. Sixty percent of the 

annual TAC is apportioned to the A 

season for hook-and-line, pot, or jig gear 

from January 1 through June 10, and for 

trawl gear from January 20 through June 

10. Forty percent of the annual TAC is 

apportioned to the B season for hookand-line, pot, or jig gear from September 

1 through December 31, and for trawl 

gear from September 1 through 

November 1 (§§ 679.23(d)(3) and 

679.20(a)(11)). 

As in 2007, NMFS proposes to 

establish for 2008 and 2009 an A season 

directed fishing allowance (DFA) for the 

Pacific cod fisheries in the GOA based 

on the management area TACs minus 

the recent average A season incidental 

catch of Pacific cod in each management 

area before June 10 (§ 679.20(d)(1)). The 

DFA and incidental catch before June 10 

will be managed such that total catch in 

the A season will be no more than 60 

percent of the annual TAC. Incidental 

catch taken after June 10 will continue 

to be taken from the B season TAC. This 

action meets the intent of the Steller sea 

lion protection measures by achieving 

temporal dispersion of the Pacific cod 

removals and reducing the likelihood of 

catch exceeding 60 percent of the 

annual TAC in the A season (January 1 

through June 10). 

The FMP specifies that the amount for 

the ‘‘other species’’ category be set at an 

amount less than or equal to 5 percent 

of the combined TAC amounts for target 

species. The proposed 2008 and 2009 

‘‘other species’’ TACs of 4,500 mt are 

less than 5 percent of the combined 

proposed TAC amounts for target 

species for 2008 and 2009. The sum of 

the proposed TACs for all GOA 

groundfish is 286,173 mt for 2008 and 

2009, which is within the OY range 

specified by the FMP. The sums of the 

proposed 2008 and 2009 TACs are lower 

than the sum of the 2007 TACs of 

269,912 mt. 

NMFS finds that the Council’s 

recommendations for proposed OFL, 

ABC, and TAC amounts are consistent 

with the biological condition of 

groundfish stocks as adjusted for other 

biological and socioeconomic 

considerations, including maintaining 

the total TAC within the required OY 

range. Table 1 lists the proposed 2008 

and 2009 ABCs, TACs, and OFLs of 

groundfish. 

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BILLING CODE 3610–22–C 

Proposed Apportionment of Reserves 

Section 679.20(b)(2) requires that 20 

percent of each TAC for pollock, Pacific 

cod, flatfish, and the ‘‘other species’’

category be set aside in reserves for 

possible apportionment at a later date 

during the fishing year. In 2007, NMFS 

apportioned all of the reserves in the 

final harvest specifications. For 2008 

and 2009, NMFS proposes 

apportionment of all of the reserves for 

pollock, Pacific cod, flatfish, and ‘‘other 

species.’’ Table 1 reflects the 

apportionment of reserve amounts for 

these species and species groups. 

Proposed Allocations of the Sablefish 

TAC Amounts to Vessels Using Hookand-Line and Trawl Gear 

Sections 679.20(a)(4)(i) and (ii) 

require allocation of sablefish TACs for 

each of the regulatory areas and districts 

to hook-and-line and trawl gear. In the 

Western and Central Regulatory Areas, 

80 percent of each TAC is allocated to 

hook-and-line gear, and 20 percent of 

each TAC is allocated to trawl gear. In 

the Eastern GOA, 95 percent of the TAC 

is allocated to hook-and-line gear and 5 

percent is allocated to trawl gear. The 

trawl gear allocation in the Eastern GOA 

may only be used to support incidental 

catch of sablefish in directed fisheries 

for other target species 

(§ 679.20(a)(4)(i)). In recognition of the 

trawl ban in the SEO District of the 

Eastern GOA, the Council recommended 

and NMFS proposes that the allocation 

of 5 percent of the combined Eastern 

Regulatory Area sablefish TAC be 

available to trawl gear in the WYK 

District and the remainder of the WYK 

sablefish TAC be available to vessels 

using hook-and-line gear. As a result, 

NMFS proposes to allocate 100 percent 

of the sablefish TAC in the SEO District 

to vessels using hook-and-line gear. This 

recommendation results in a proposed 

2008 allocation of 281 mt to trawl gear 

and 1,988 mt to hook-and-line gear in 

the WYK District, and 3,353 mt to hookand-line gear in the SEO District. Table 

2 lists the allocations of the proposed 

2008 sablefish TACs to hook-and-line 

and trawl gear. Table 3 lists the 

allocations of the proposed 2009 

sablefish TACs to trawl gear. The 

Council recommended that only a trawl 

sablefish TAC be established for two 

years. 


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Proposed Apportionments of Pollock 

TAC Among Seasons and Regulatory 

Areas, and Allocations for Processing 

by Inshore and Offshore Components 

In the GOA, pollock is apportioned by 

season and area, and is further divided 

between inshore and offshore 

processing components. Pursuant to 

§ 679.20(a)(5)(iv)(B), the annual pollock 

TAC specified for the Western and 

Central Regulatory Areas of the GOA is 

apportioned into four equal seasonal 

allowances of 25 percent. As established 

by § 679.23(d)(2)(i) through (iv), the A, 

B, C, and D season allowances are 

available from January 20 through 

March 10, March 10 through May 31, 

August 25 through October 1, and 

October 1 through November 1, 

respectively. 

Pollock TACs in the Western and 

Central Regulatory Areas of the GOA are 

apportioned among statistical areas 610, 

620, and 630. In the A and B seasons, 

the apportionments are in proportion to 

the distribution of pollock biomass 

based on the four most recent NMFS 

winter surveys. In the C and D seasons, 

the apportionments are in proportion to 

the distribution of pollock biomass 

based on the four most recent NMFS 

summer surveys. For 2008 and 2009, the 

Council recommended averaging the 

winter and summer distribution of 

pollock in the Central Regulatory Area 

for the A season. The average is 

intended to reflect the distribution of 

pollock as indicated by the historic 

performance of the fishery during the A 

season. Within any fishing year, the 

amount by which a seasonal allowance 

is underharvested or overharvested may 

be added to, or subtracted from, 

subsequent seasonal allowances. The 

rollover amount is limited to 20 percent 

of the unharvested seasonal 

apportionment for the statistical area. 

Any unharvested pollock above the 20 

percent limit could be further 

distributed to the other statistical areas, 

in proportion to the estimated biomass 

in the subsequent season in those 

statistical areas (§ 679.20(a)(5)(iv)(B)). 

The proposed pollock TACs in the WYK 

of 1,694 mt and SEO District of 6,157 mt 

for 2008 and 2009 are not allocated by 

season. 

Section 679.20(a)(6)(i) requires the 

allocation of 100 percent of the pollock 

TAC in all regulatory areas and all 

seasonal allowances to vessels catching 

pollock for processing by the inshore 

component after subtraction of amounts 

that are projected by the Regional 

Administrator to be caught by, or 

delivered to, the offshore component 

incidental to directed fishing for other 

groundfish species. The amount of 

pollock available for vessels harvesting 

pollock for processing by the offshore 

component is that amount actually 

taken as incidental catch during 

directed fishing for groundfish species 

other than pollock, up to the maximum 

retainable amounts allowed under 

§ 679.20(e) and (f). At this time, these 

incidental catch amounts are unknown 

and will be determined during the 

fishing year. 

Table 4 lists the proposed 2008 and 

2009 seasonal biomass distribution of 

pollock in the Western and Central 

Regulatory Areas, area apportionments, 

and seasonal allowances. The amounts 

of pollock for processing by the inshore 

and offshore components are not shown. 


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Proposed Seasonal Apportionments of 

Pacific Cod TAC and Allocations for 

Processing of Pacific Cod TAC Between 

Inshore and Offshore Components 

Pacific cod fishing is divided into two 

seasons in the Western and Central 

Regulatory Areas of the GOA. For hookand-line, pot, and jig gear, the A season 

is January 1 through June 10, and the B 

season is September 1 through 

December 31. For trawl gear, the A 

season is January 20 through June 10, 

and the B season is September 1 through 

November 1 (§ 679.23(d)(3)). After 

subtraction of incidental catch, 60 

percent and 40 percent of the annual 

TAC will be available for harvest during 

the A and B seasons, respectively, and 

will be apportioned between the inshore 

and offshore processing components, as 

provided in § 679.20(a)(6)(ii). Between 

the A and the B seasons, directed 

fishing for Pacific cod is closed, and 

fishermen participating in other 

directed fisheries must retain Pacific 

cod up to the maximum retainable 

amounts allowed under § 679.20(e) and 

(f). Under § 679.20(a)(11)(ii), any 

overage or underage of the Pacific cod 

allowance from the A season may be 

subtracted from or added to the 

subsequent B season allowance. 

Section 679.20(a)(6)(ii) requires the 

allocation of the Pacific cod TAC 

apportionment in all regulatory areas 

between vessels catching Pacific cod for 

processing by the inshore and offshore 

components. Ninety percent of the 

Pacific cod TAC in each regulatory area 

is allocated to vessels catching Pacific 

cod for processing by the inshore 

component. The remaining 10 percent 

of the TAC is allocated to vessels 

catching Pacific cod for processing by 

the offshore component. Table 5 lists 

the proposed 2008 and 2009 seasonal 

apportionments and allocations of the 

Pacific cod TAC amounts. 

Proposed Apportionments to the 

Central GOA Rockfish Pilot Program 

Sections 679.81(a)(1) and (2) require 

the allocation of the primary rockfish 

species TACs in the Central Regulatory 

Area after deducting incidental catch 

needs in other directed groundfish 

fisheries. Five percent (2.5 percent to 

trawl gear and 2.5 percent to fixed gear) 

of the proposed TACs for Pacific ocean 

perch, northern rockfish, and pelagic 

shelf rockfish in the Central Regulatory 

Area are allocated to the entry level 

rockfish fishery and the remaining 95 

percent to those vessels eligible to 

participate in the Rockfish Program. 

NMFS proposes 2008 and 2009 

incidental catch amounts of 100 mt for 

northern rockfish, 100 mt for pelagic 

shelf rockfish, and 200 mt for Pacific 

ocean perch for other directed 

groundfish fisheries in the Central 

Regulatory Area. These proposed 

amounts are based on the 2003 through 

2007 average incidental catch in the 

Central Regulatory Area by other 

groundfish fisheries. 

Section 679.83(a)(1)(i) requires 

allocations to the trawl entry level 

fishery must be made first from the 

allocation of Pacific ocean perch 

available to the rockfish entry level 

fishery. If the amount of Pacific ocean 

perch available for allocation is less 

than the total allocation allowable for 

trawl catcher vessels in the rockfish 

entry level fishery, then northern 

rockfish and pelagic shelf rockfish must 

be allocated to trawl catcher vessels. 

Allocations of Pacific ocean perch, 

northern rockfish, and pelagic shelf 

rockfish to longline gear vessels must be 

made after the allocations to trawl gear. 

Table 6 lists the proposed 2008 and 

2009 allocations of rockfish in the 

Central GOA to trawl and longline gear 

in the entry level rockfish fishery. 


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Proposed Halibut PSC Limits 

Section 679.21(d) establishes annual 

halibut PSC limit apportionments to 

trawl and hook-and-line gear and 

permits the establishment of 

apportionments for pot gear. In October 

2007, the Council recommended that 

NMFS maintain the 2007 halibut PSC 

limits of 2,000 mt for the trawl fisheries 

and 300 mt for the hook-and-line 

fisheries for 2008 and 2009. Ten metric 

tons of the hook-and-line limit is further 

allocated to the demersal shelf rockfish 

(DSR) fishery in the SEO District. The 

DSR fishery is defined at 

§ 679.21(d)(4)(iii)(A). This fishery has 

been apportioned 10 mt in recognition 

of its small scale harvests. Most vessels 

in the DSR fishery are less than 60 ft 

(18.3 m) length overall (LOA) making 

them exempt from observer coverage. 

Therefore, observer data are not 

available to verify actual bycatch 

amounts. NMFS assumes the halibut 

bycatch in the DSR fishery is low 

because of the short soak times for the 

gear and short duration of the fishery. 

Also, the DSR fishery occurs in the 

winter when less overlap occurs in the 

distribution of DSR and halibut. In 2006 

and 2007, estimates of incidental catch 

of DSR in the commercial halibut 

fishery and estimates of sport fish catch 

have approached the final TACs for 

DSR. As a result, the Alaska Department 

of Fish and Game closed directed 

commercial fishing for DSR at the 

beginning of 2006 and 2007. 

Section 679.21(d)(4) authorizes the 

exemption of specified non-trawl 

fisheries from the halibut PSC limit. As 

in past years, NMFS, after consultation 

with the Council, proposes to exempt 

pot gear, jig gear, and the sablefish IFQ 

(Individual Fishing Quota) hook-andline gear fishery categories from the 

non-trawl halibut PSC limit for 2008 

and 2009. The Council recommended 

these exemptions because (1) the pot 

gear fisheries have low halibut bycatch 

mortality (averaging 18 mt annually 

from 2001 through 2006 and 8 mt 

through September 22, 2007); (2) the 

halibut and sablefish IFQ fisheries have 

low halibut bycatch mortality because 

the IFQ program requires retention of 

legal-sized halibut by vessels using 

hook-and-line gear if a halibut IFQ 

permit holder is aboard and is holding 

unused halibut IFQ; and (3) halibut 

mortality for the jig gear fisheries is 

assumed to be negligible. Halibut 

mortality is assumed to be negligible in 

the jig gear fisheries given the low 

amount of groundfish harvested by jig 

gear (averaging 269 mt annually from 

2001 through 2006, and 29 mt through 

September 22, 2007), the selective 

nature of jig gear, and the likelihood of 

high survival rates of halibut caught and 

released by jig gear. 

Section 679.21(d)(5) provides NMFS 

with the authority to seasonally 

apportion the halibut PSC limits after 

consultation with the Council. The FMP 

and regulations require that the Council 

and NMFS consider the following 

information in seasonally apportioning 

halibut PSC limits: (1) Seasonal 

distribution of halibut, (2) seasonal 

distribution of target groundfish species 

relative to halibut distribution, (3) 

expected halibut bycatch needs on a 

seasonal basis relative to changes in 

halibut biomass and expected catch of 

target groundfish species, (4) expected 

bycatch rates on a seasonal basis, (5) 

expected changes in directed groundfish 

fishing seasons, (6) expected actual start 

of fishing effort, and (7) economic 

effects of establishing seasonal halibut 

allocations on segments of the target 

groundfish industry. 

The final 2007 and 2008 harvest 

specifications (72 FR 9676, March 5, 

2007) summarized the Council’s and 

NMFS’s findings with respect to each of 

these FMP considerations. The 

Council’s and NMFS’s findings for 2008 

and 2009 are unchanged from 2007. 

Table 7 lists the proposed 2008 and 

2009 Pacific halibut PSC limits, 

allowances, and apportionments. 

Sections 679.21(d)(5)(iii) and (iv) 

specify that any underages or overages 

of a seasonal apportionment of a PSC 

limit will be deducted from or added to 

the next respective seasonal 

apportionment within the fishing year. 


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Section 679.21(d)(3)(ii) authorizes 

further apportionment of the trawl 

halibut PSC limit to trawl fishery 

categories. The annual apportionments 

are based on each category’s 

proportional share of the anticipated 

halibut bycatch mortality during a 

fishing year and optimization of the 

total amount of groundfish harvest 

under the halibut PSC limit. The fishery 

categories for the trawl halibut PSC 

limits are: (1) A deep-water species 

category, comprised of sablefish, 

rockfish, deep-water flatfish, rex sole, 

and arrowtooth flounder; and (2) a 

shallow-water species category, 

comprised of pollock, Pacific cod, 

shallow-water flatfish, flathead sole, 

Atka mackerel, skates, and ‘‘other 

species’’ (§ 679.21(d)(3)(iii)). Table 8 

lists the proposed 2008 and 2009 

seasonal apportionments of Pacific 

halibut PSC trawl limits for the deepwater and shallow-water species fishery 

categories. Based on public comment 

and information contained in the final 

2007 SAFE report, the Council may 

recommend or NMFS may make 

changes in the seasonal, gear-type, or 

fishery category apportionments of 

halibut PSC limits for the final 2008 and 

2009 harvest specifications. 

Estimated Halibut Bycatch in Prior 

Years 

The best available information on 

estimated halibut bycatch is data 

collected by observers during 2007. The 

calculated halibut bycatch mortality by 

trawl, hook-and-line, and pot gears 

through September 22, 2007, is 1,487 

mt, 212 mt, and 8 mt, respectively, for 

a total halibut mortality of 1,707 mt. 

Halibut bycatch restrictions 

seasonally constrained trawl gear 

fisheries during the 2007 fishing year. 

Trawling during the second season 

closed for the deep-water species 

category on May 17 (72 FR 28620, May 

22, 2007), and during the third season 

on August 10 (72 FR 45697, August 15, 

2007). Trawling during the second 

season closed for the shallow-water 

species category on June 4 (72 FR 31472, 

June 7, 2007), and during the third 

second season on August 10 (72 FR 

45697, August 15, 2007). To prevent 

exceeding the fourth season halibut PSC 


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limit for the shallow-water species 

category, directed fishing using trawl 

gear was limited to three 12-hour open 

periods on September 1 (72 FR 49229, 

August 28, 2007), September 6 (72 FR 

51717, September 11, 2007), and 

September 11 (72 FR 52491, September 

14, 2007), and to one 48-hour period 

beginning September 21 (72 FR 54603, 

September 26, 2007). Trawling for all 

groundfish targets (with the exception of 

pollock by vessels using pelagic trawl 

gear) closed for the fifth season on 

October 8 (72 FR 57888, October 11, 

2007), reopened on October 10 (72 FR 

58261, October 15, 2007) until October 

15 (72 FR 59038, October 18, 2007), and 

reopened on October 22 (72 FR 60586, 

October 25, 2007). Fishing for 

groundfish using hook-and-line gear has 

remained open in 2007 as the halibut 

PSC limit has not been reached (as of 

October 11, 2007). The amount of 

groundfish that trawl gear might have 

harvested if halibut PSC limits had not 

restricted the 2007 season is unknown. 

Expected Changes in Groundfish Stocks 

and Catch 

Proposed 2008 and 2009 ABCs for 

pollock, Pacific cod, deep-water flatfish, 

flathead sole, arrowtooth flounder, 

Pacific ocean perch, and pelagic shelf 

rockfish are higher than those 

established for 2007 while the proposed 

2008 and 2009 ABCs for rex sole and 

sablefish are lower than those 

established for 2007. For the remaining 

target species, the Council 

recommended that ABC levels remain 

unchanged from 2007. More information 

on these changes is included in the final 

SAFE report (November 2006) and in 

the Council, SSC, and AP minutes from 

the October 2007 meeting. These 

documents are available from the 

Council (see ADDRESSES). 

In the GOA, the total proposed 2008 

and 2009 TAC amounts are 286,173 mt, 

an increase of 6 percent from the 2007 

TAC total of 269,912 mt. Table 9 

compares the final 2007 TACs to the 

proposed 2008 and 2009 TACs. 


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68822 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 

Current Estimates of Halibut Biomass 

and Stock Condition 

The most recent halibut stock 

assessment was conducted by the 

International Pacific Halibut 

Commission (IPHC) in December 2006 

for the 2007 commercial fishery. The 

2006 assessment contains substantial 

changes from the previous year. 

Information from ongoing passive 

integrated transponder (PIT) tag 

recoveries, as well as inconsistencies in 

the traditional closed-area stock 

assessments for some areas has 

prompted the IPHC to examine stock 

assessment frameworks. It had been 

assumed that once the halibut reached 

legal commercial size there was little 

movement between regulatory areas. PIT 

tag recoveries indicate greater 

movement between regulatory areas 

than previously thought. In response to 

this new information, the IPHC 

developed a coast wide assessment 

based on a single stock. The assessment 

adopted a coast-wide harvest rate of 20 

percent of the exploitable biomass 

overall but a higher rate for some areas 

with net immigration. The IPHC 

adopted harvest rates of 25 percent in 

Area 2C, 20 percent in Areas 3A, 3B, 

and 4A, and 15 percent in Areas 4B, C, 

D, and E for 2007. The current 

exploitable halibut biomass in Alaska 

for 2007 was estimated to be 169,000 

mt, down from 189,543 mt in 2006. The 

female spawning biomass remains far 

above the minimum biomass, which 

occurred in the 1970s. 

The exploitable biomass of the Pacific 

halibut stock peaked at 326,520 mt in 

1988. According to the IPHC, the longVerDate Aug<31>2005 18:18 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00060 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1

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term average reproductive biomass for 

the Pacific halibut resource was 

estimated at 118,000 mt. Long-term 

average yield was estimated at 26,980 

mt, round weight. The species is fully 

utilized. Recent average catches (1994–

2006) in the commercial halibut 

fisheries in Alaska have averaged 33,970 

mt, round weight. Catch in waters off 

Alaska is 27 percent higher than longterm potential yield for the entire 

halibut stock, reflecting the good 

condition of the Pacific halibut 

resource. In January 2007, the IPHC 

approved Alaska commercial catch 

limits totaling 30,368 mt, round weight, 

in 2007, a 9 percent decrease from 

33,421 mt in 2006. Through November 

13, 2007, commercial hook-and-line 

harvests of halibut off Alaska totaled 

26,084 mt, round weight. 

Additional information on the Pacific 

halibut stock assessment may be found 

in the IPHC’s 2006 Pacific halibut stock 

assessment (December 2006), available 

on the IPHC Web site at http:// 

www.iphc.washington.edu. The IPHC 

will consider the 2007 Pacific halibut 

assessment for 2008 at its January 2007 

annual meeting when it sets the 2008 

commercial halibut fishery quotas. 

Other Factors 

The allowable commercial catch of 

halibut will be adjusted to account for 

the overall halibut PSC mortality limit 

established for groundfish fisheries. The 

2008 and 2009 groundfish fisheries are 

expected to use the entire proposed 

annual halibut PSC limit of 2,300 mt. 

The allowable directed commercial 

catch is determined by first accounting 

for recreational and subsistence catch, 

waste, and bycatch mortality, and then 

providing the remainder to the directed 

fishery. Groundfish fishing is not 

expected to affect adversely the halibut 

stocks. Methods available for reducing 

halibut bycatch include: (1) Publication 

of individual vessel bycatch rates on the 

NMFS Alaska Region Web site at 

http://www.fakr.noaa.gov, (2) 

modifications to gear, (3) changes in 

groundfish fishing seasons, (4) 

individual transferable quota programs, 

and (5) time/area closures. 

Reductions in groundfish TAC 

amounts provide no incentive for 

fishermen to reduce bycatch rates. Costs 

that would be imposed on fishermen as 

a result of reducing TAC amounts 

depend on the species and amounts of 

groundfish foregone. 

Under 50 CFR 679.2, the definition of 

‘‘Authorized fishing gear’’ specifies 

requirements for biodegradable panels 

and tunnel openings for groundfish pots 

to reduce halibut bycatch. As a result, 

low bycatch and mortality rates of 

halibut in pot fisheries have justified 

exempting pot gear from PSC limits. 

The regulations at § 679.2 under 

‘‘Authorized fishing gear,’’ also define 

‘‘pelagic trawl gear’’ in a manner 

intended to reduce bycatch of halibut by 

displacing fishing effort off the bottom 

of the sea floor when certain halibut 

bycatch levels are reached during the 

fishing year. The definition provides 

standards for physical conformation and 

performance of the trawl gear in terms 

of crab bycatch (§ 679.7(a)(14)). 

Furthermore, all hook-and-line vessel 

operators are required to employ careful 

release measures when handling halibut 

bycatch (§ 679.7(a)(13)). These measures 

are intended to reduce handling 

mortality, thereby lowering overall 

halibut bycatch mortality in the 

groundfish fisheries, and to increase the 

amount of groundfish harvested under 

the available halibut mortality bycatch 

limits. 

NMFS and the Council will review 

the methods available for reducing 

halibut bycatch listed here to determine 

their effectiveness and will initiate 

changes, as necessary, in response to 

this review or to public testimony and 

comment. 

Halibut Discard Mortality Rates 

The Council recommended and 

NMFS proposes that the halibut discard 

mortality rates (DMRs) developed and 

recommended by the IPHC for the 2008 

and 2009 GOA groundfish fisheries be 

used to monitor the proposed 2008 and 

2009 GOA halibut bycatch mortality 

limits. The IPHC recommended use of 

long-term average DMRs for the 2008 

and 2009 groundfish fisheries. The IPHC 

will analyze observer data annually and 

recommend changes to the DMRs where 

a fishery DMR shows large variation 

from the mean. Most of the IPHC’s 

assumed DMRs were based on an 

average of mortality rates determined 

from NMFS observer data collected 

between 1996 and 2005. Long-term 

average DMRs were not available for 

some fisheries, so rates from the most 

recent years were used. For the ‘‘other 

species’’ and skate fisheries, where 

insufficient mortality data are available, 

the mortality rate of halibut caught in 

the Pacific cod fishery for each gear type 

was recommended as the default rate. 

Table 10 lists the proposed 2008 and 

2009 DMRs, which are unchanged from 

the 2007 DMRs. The DMRs for hookand-line target fisheries range from 10 to 

14 percent. The DMRs for trawl target 

fisheries range from 53 to 76 percent. 

Each DMR for the pot target fisheries is 

16 percent. A copy of the document 

justifying these DMRs is available from 

the Council (see ADDRESSES) and is 

discussed in Appendix A of the final 

2006 SAFE report, dated November 

2006. 


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68824 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 

American Fisheries Act (AFA) Catcher 

Processor and Catcher Vessel 

Groundfish Harvest and PSC Limits 

Section 679.64 establishes groundfish 

harvesting and processing sideboard 

limits on AFA catcher processors and 

catcher vessels in the GOA. These 

sideboard limits are necessary to protect 

the interests of fishermen and 

processors who do not directly benefit 

from the AFA from expansion in their 

fisheries by those fishermen and 

processors who receive exclusive 

harvesting and processing privileges 

under the AFA. Section 679.7(k)(1)(ii) 

prohibits listed AFA catcher processors 

from harvesting any species of fish in 

the GOA. Additionally, section 

679.7(k)(1)(iv) prohibits listed AFA 

catcher processors from processing any 

pollock in the GOA and any groundfish 

harvested in Statistical Area 630 of the 

GOA. 

AFA catcher vessels that are less than 

125 ft (38.1 m) LOA, have annual 

landings of pollock in the Bering Sea 

and Aleutian Islands less than 5,100 mt, 

and have made at least 40 GOA 

groundfish landings from 1995 through 

1997 are exempt from GOA sideboard 

limits under § 679.64(b)(2)(ii). 

Sideboard limits for non-exempt AFA 

catcher vessels operating in the GOA are 

based on their traditional harvest levels 

in groundfish fisheries covered by the 

GOA FMP. Section 679.64(b)(3)(iii) 

establishes the GOA groundfish 

sideboard limits based on the retained 

catch of non-exempt AFA catcher 

vessels of each sideboard species from 

1995 through 1997 divided by the TAC 

for that species over the same period. 

Table 11 lists the proposed 2008 and 

2009 groundfish sideboard limits for 

non-exempt AFA catcher vessels. All 

targeted or incidental catch of sideboard 

species made by non-exempt AFA 

catcher vessels will be deducted from 

the sideboard limits in Table 11. 

BILLING CODE 3610–22–P 


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BILLING CODE 3610–22–C 


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The PSC sideboard limits for nonexempt AFA catcher vessels in the GOA 

are based on the aggregate retained 

groundfish catch by non-exempt AFA 

catcher vessels in each PSC target 

category from 1995 through 1997 

divided by the retained catch of all 

vessels in that fishery from 1995 

through 1997 (§ 679.64(b)(4)). Table 12 

lists the proposed 2008 and 2009 

catcher vessel halibut PSC limits for 

non-exempt AFA vessels using trawl 

gear. 

Non-AFA Crab Vessel Groundfish 

Sideboard Limits 

Section 680.22 establishes groundfish 

catch limits for vessels with a history of 

participation in the Bering Sea snow 

crab fishery to prevent these vessels 

from using the increased flexibility 

provided by the Crab Rationalization 

program to expand their level of 

participation in the GOA groundfish 

fisheries. Sideboard limits restrict a 

vessel’s harvest to its historical landings 

in all GOA groundfish fisheries (except 

the fixed-gear sablefish fishery). 

Sideboard limits also apply to landings 

made using an LLP license derived from 

the history of a restricted vessel, even if 

that LLP is used on another vessel. 

Sideboard limits for non-AFA crab 

vessels operating in the GOA are based 

on their traditional harvest levels of 

TAC in groundfish fisheries covered by 

the GOA FMP. Sections 680.22 (d) and 

(e) base the groundfish sideboard limits 

in the GOA on the retained catch by 

non-AFA crab vessels of each sideboard 

species from 1996 through 2000 divided 

by the total retained harvest of that 

species over the same period. Table 13 

lists these proposed 2008 and 2009 

groundfish sideboard limits for nonAFA crab vessels. All targeted or 

incidental catch of sideboard species 

made by non-AFA crab vessels will be 

deducted from the sideboard limits in 

Table 13. 

Vessels exempt from Pacific cod 

sideboards are those that landed less 

than 45,359 kilograms of Bering Sea 

snow crab and more than 500 mt of 

groundfish (in round weight 

equivalents) from the GOA between 

January 1, 1996 and December 31, 2000, 

and any vessel named on an LLP that 

was generated in whole or in part by the 

fishing history of a vessel meeting the 

criteria in § 680.22(a)(3). 

BILLING CODE 3610–22–P 


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BILLING CODE 3610–22–C 

Rockfish Program Groundfish 

Sideboard Limitations and Halibut 

Mortality Limitations 

The Rockfish Program establishes 

sideboards to limit the ability of 

participants eligible for the Rockfish 

Program to harvest fish in fisheries other 

than the Central GOA rockfish fisheries. 

The Rockfish Program provides certain 

economic advantages to harvesters. 

Harvesters could use this economic 

advantage to increase their participation 

in other fisheries, adversely affecting the 

participants in other fisheries. The 

proposed sideboards for 2008 and 2009 

limit the total amount of catch in other 

groundfish fisheries that could be taken 

by eligible harvesters and limit the 

amount of halibut mortality to historic 

levels. The sideboard measures are in 

effect only during the month of July. 

Traditionally, the Central GOA rockfish 

fisheries opened in July. The sideboards 

are designed to restrict fishing during 

the historical season for the fishery, but 

allow eligible rockfish harvesters to 

participate in fisheries before or after 

the historical rockfish season. The 

sideboard provisions are discussed in 

detail in the proposed rule (71 FR 

33040, June 7, 2006) and final rule (71 

FR 67210, November 20, 2006) for the 

Rockfish Program. Table 14 lists the 

proposed 2008 and 2009 Rockfish 

Program harvest limits in the WYK 

District and the Western GOA. Table 15 

lists the proposed 2008 and 2009 

Rockfish Program halibut mortality 

limits for catcher processors and catcher 

vessels. 


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68830 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 

Gulf of Alaska Amendment 80 Vessel 

Groundfish Harvest and PSC Limits 

Section 679.92 establishes groundfish 

harvesting sideboard limits on all 

Amendment 80 program vessels, other 

than the F/V GOLDEN FLEECE, to 

amounts no greater than the limits 

shown in Table 37 to part 679. 

Sideboard limits in the GOA are 

proposed for pollock in the Western and 

Central Regulatory Areas and in the 

WYK District, for Pacific cod gulfwide, 

for Pacific ocean perch and pelagic shelf 

rockfish in the Western Regulatory Area 

and WYK District, and for northern 

rockfish in the Western Regulatory Area. 

The harvest of Pacific ocean perch, 

pelagic shelf rockfish, and northern 

rockfish in the Central Regulatory Area 

of the GOA is subject to regulation 

under the Central GOA Rockfish 

Program. Amendment 80 program 

vessels not qualified under the Rockfish 

Program are excluded from directed 

fishing for these rockfish species in the 

Central GOA. Under regulations, the F/ 

V GOLDEN FLEECE is prohibited from 

directed fishing for pollock, Pacific cod, 

Pacific ocean perch, pelagic shelf 

rockfish, and northern rockfish in the 

GOA. These sideboard limits are 

necessary to protect the interests of 

fishermen who do not directly benefit 

from the Amendment 80 program from 

expansion into their fisheries by the 

program’s participants. 

Groundfish sideboard limits for 

Amendment 80 vessels operating in the 

GOA are based on their average 

aggregate harvests from 1998 to 2004. 

Table 16 lists the proposed 2008 and 

2009 sideboard limits for Amendment 

80 vessels. All targeted or incidental 

catch of sideboard species made by 

Amendment 80 vessels will be deducted 

from the sideboard limits in Table 16. 


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The PSC sideboard limits for 

Amendment 80 vessels in the GOA are 

based on the historic use of halibut PSC 

by Amendment 80 vessels in each PSC 

target category from 1998 through 2004 

(Table 38 to 50 CFR part 679). These 

values are slightly lower than the 

average historic use to accommodate 

two factors: allocation of halibut PSC 

CQ under the Central GOA Rockfish 

Program and the exemption of the F/V 

GOLDEN FLEECE from this restriction. 

Table 17 lists the proposed 2008 and 

2009 halibut PSC limits for Amendment 

80 vessels. 


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68832 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 

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 747 small 

catcher vessels and less than 20 small 

catcher processors. The entities directly 

regulated by this action are those that 

harvest groundfish in the EEZ of the 

GOA, 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 they 

had annual gross receipts of $4 million 

per year or less from all economic 

activities, including the revenue of their 

affiliated operations. Data from 2005 

were the most recent available to 

determine the number of small entities. 

Estimates of first wholesale gross 

revenues for the GOA were used as 

indices of the potential impacts of the 

alternative harvest strategies on small 

entities. An index of revenues were 

projected to decline under the preferred 

alternative due to declines in ABCs for 

key species in the GOA. The index of 

revenues declined by less than 4 percent 

between 2006 and 2007 and by less than 

one percent between 2006 and 2008. 

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 GOA OY, in which 

case harvests would be limited to the 

OY. Alternative 3 would have set TACs 

to produce fishing rates equal to the 

most recent five-year average fishing 

rate. Alternative 4 would have set TACs 

to equal the lower limit of the GOA OY 

range. Alternative 5 would have set 

TACs equal to zero. Alternative 5 is the 

‘‘no action’’ alternative. 

Alternatives 3, 4, and 5 were all 

associated with smaller levels for 

important fishery TACs than Alternative 

2. Estimated total first wholesale gross 

revenues were used as an index of 

potential adverse impacts to small 

entities. As a consequence of the lower 

TAC levels, Alternatives 3, 4, and 5 all 

had smaller of these first wholesale 

revenue indices than Alternative 2. 


sroberts on PROD1PC70 with PROPOSALSEP06de07.026</GPH>
Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 68833 

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 


sroberts on PROD1PC70 with PROPOSALS