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§ 180.474 [Amended] 

8. In § 180.474, in the table to 

paragraph (b), amend the entry for garlic 

by removing the expiration date ‘‘12/31/ 

07’’ and adding in its place ‘‘12/31/08.’’

§ 180.498 [Amended] 

9. In § 180.498, in the table to 

paragraph (b), amend the entries for 

flax, seed and strawberry by removing 

the expiration date ‘‘12/31/07’’ and 

adding in its place ‘‘12/31/10.’’

§ 180.571 [Amended] 

10. In § 180.571, in the table to 

paragraph (b), amend the entry for 

cranberry by removing the expiration 

date ‘‘12/31/07’’ and adding in its place 

‘‘12/31/10.’’

§ 180.572 [Amended] 

11. In § 180.572, in the table to 

paragraph (b), amend the entries for 

Timothy, forage and Timothy, hay by 

removing the expiration date ‘‘12/31/ 

07’’ and adding in its place ‘‘12/31/10.’’

[FR Doc. E7–24345 Filed 12–18–07; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XD68 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands; 2008 Final Harvest 

Specifications for Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; closures. 

SUMMARY: NMFS announces revisions to 

the 2008 final harvest specifications and 

prohibited species catch (PSC) 

allowances for the groundfish fisheries 

of the Bering Sea and Aleutian Islands 

management area (BSAI) and Gulf of 

Alaska (GOA) that are required under 

the final rules implementing 

Amendments 80 and 85 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). This action is 

necessary to establish harvest limits for 

groundfish at the beginning of the 2008 

fishing year consistent with the new 

allocations for Amendments 80 and 85 

and to accomplish the goals and 

objectives of the FMP. The intended 

effect of this action is to conserve and 

manage the groundfish resources in the 

BSAI and in the GOA in accordance 

with the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: The 2008 final harvest 

specifications and associated 

apportionment of reserves are effective 

at 0001 hrs, Alaska local time (A.l.t.), 

January 1, 2008, until the effective date 

of the 2008 and 2009 final harvest 

specifications for BSAI and GOA 

groundfish, which will be published in 

the Federal Register. 

ADDRESSES: Copies of the Final Alaska 

Groundfish Harvest Specifications 

Environmental Impact Statement (EIS) 

and Record of Decision (ROD) and the 

Final Regulatory Flexibility Analyses 

(FRFAs) prepared for the 2008 harvest 

specifications and Amendments 80 and 

85 to the FMP are available on the 

Alaska Region website at http:// 

www.fakr.noaa.gov. Printed copies can 

be obtained from the Alaska Region, 

NMFS, P.O. Box 21668, Juneau, AK 

99802, Attn: Ellen Sebastian. Copies of 

the 2006 Stock Assessment and Fishery 

Evaluation (SAFE) report for the 

groundfish resources of the BSAI, dated 

November 2006, are available from the 

North Pacific Fishery Management 

Council, 605 West 4th Avenue, Suite 

306, Anchorage, AK 99510–2252, 907–

271–2809, or from its website at http:// 

www.fakr.noaa.gov/npfmc. 

FOR FURTHER INFORMATION CONTACT: 

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

SUPPLEMENTARY INFORMATION: Federal 

regulations at 50 CFR part 679 

implement the FMP and govern the 

groundfish fisheries in the BSAI. The 

North Pacific Fishery Management 

Council (Council) prepared the FMP, 

and NMFS approved it under the 

Magnuson-Stevens Act. General 

regulations governing U.S. fisheries also 

appear at 50 CFR part 600. 

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 to the FMP allocates 

total allowable catch (TAC) of specified 

groundfish species (Amendment 80 

species) and halibut and crab prohibited 

species catch (PSC) limits among several 

BSAI non-pollock trawl groundfish 

fisheries fishing sectors, and facilitates 

the formation of harvesting cooperatives 

in the non-American Fisheries Act (nonAFA) 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. In order to 

limit the ability of participants eligible 

for the Amendment 80 program to 

expand their harvest efforts in the GOA, 

Amendment 80 establishes groundfish 

and halibut PSC catch limits for 

Amendment 80 program participants in 

the GOA. 

The final rule implementing 

Amendment 85 to the BSAI 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 

among various harvest sectors and 

seasonal apportionments. Also, 

Amendment 85 apportions the halibut 

PSC allowance annually specified for 

the hook-and-line Pacific cod fishery 

between the hook-and-line catcher 

processor and catcher vessel sectors. 

With this final rule NMFS modifies 

those sections of the text and the tables 

in the 2008 final harvest specifications 

for groundfish in the BSAI (72 FR 9451, 

March 2, 2007) and for groundfish in the 

GOA (72 FR 9676, March 5, 2007) that 

change under the final rules 

implementing Amendments 80 and 85. 

This includes Tables 1, 2, 4, 5, 7, 9, 10, 

11, 12, 13, 14, and 15 from the final 

2008 harvest specifications for the BSAI 

which may be viewed at the website 

http://www.fakr.noaa.gov/frules/ 

72fr9451.pdf. This final rule uses the 

same table numbers that were used in 

the 2008 final harvest specifications. 

This action also adds a new Table 16 for 

BSAI flathead sole, rock sole, yellowfin 

sole, and Aleutian Islands Pacific ocean 

perch allocations required by 

Amendment 80. For the GOA, this final 

rule adds text and Tables 17 and 18 to 

establish sideboard limits in the Gulf of 

Alaska for the Amendment 80 vessels. 

This final rule is necessary to ensure 

that allocations will be in effect for 

Amendments 80 and 85 participants at 

the beginning of the 2008 fishing year. 

These allocations also will be 

incorporated in future rulemaking 

supporting the annual harvest 

specification process for the Alaska 

groundfish fisheries. 

Revisions to 2008 Final Harvest 

Specifications for the BSAI 

Table 1. 

The 2008 final TACs for the BSAI are 

within the optimum yield range 

established for the BSAI and do not 

exceed the acceptable biological catch 

(ABC) for any single species or complex. 

Table 1 of the 2008 final harvest 

specifications (72 FR 9454) lists the 

2008 final OFL, ABC, TAC, initial total 

allowable catch (ITAC), and CDQ 

groundfish reserve amounts for BSAI 

groundfish. This action does not change 

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Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Rules and Regulations 71803 

the 2008 OFL, ABC, TAC, or CDQ 

groundfish reserve amounts. However, 

the final rules implementing 

Amendments 80 and 85 modified the 

percentage of TAC for the directed 

fisheries species that are allocated to the 

Community Development Quota (CDQ) 

program, per statutory requirements. 

This action does not need to revise these 

CDQ reserve amounts because the 2008 

final harvest specifications (72 FR 9451, 

March 2, 2007) used the same 

percentage of TAC. 

As explained in the proposed and 

final rules for Amendment 80, catch in 

the CDQ fisheries of species in TAC 

categories that are not allocated to the 

CDQ program will be managed under 

the statutory and regulatory provisions 

for the non-CDQ groundfish fisheries. 

Retention of species closed to directed 

fishing will either be limited to 

maximum retainable amounts or all 

catch of the species will be required to 

be discarded. Notices of closures to 

directed fishing and retention 

requirements for these species will 

apply to the CDQ and non-CDQ sectors. 

The catch of species not allocated to the 

CDQ program in the CDQ fisheries will 

not constrain the catch of other CDQ 

species unless catch by all sectors 

approached an overfishing level (OFL). 

This action changes Table 1 by 

increasing the 2008 ITAC amounts for 

the Amendment 80 species from 85 

percent to 89.3 percent of their 

respective TACs. The revised Table 1 

below replaces Table 1 in the final 

harvest specifications (72 FR 9454). The 

apportionment of TAC amounts among 

fisheries and seasons is discussed 

below. 

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Non-specified Reserves, CDQ Reserves 

and the Incidental Catch Allowance 

(ICA) for Pollock, Atka Mackerel, 

Flathead Sole, Rock Sole, Sablefish, 

Yellowfin Sole, and Aleutian Islands 

Pacific Ocean Perch 

Amendment 80 fully allocates the 

TACs for Amendment 80 species 

between the ITAC (89.3 percent) and 

CDQ reserves (10.7 percent). Therefore, 

this action changes the amount of the 

Amendment 80 species allocated to the 

non-specified reserves from 7.5 percent 

to 0 percent. Also, for species allocated 

to the CDQ program, except pollock and 

the portion of the sablefish TAC 

allocated to the hook-and-line and pot 

gear, Amendment 80 increases the CDQ 

reserves from 7.5 percent to 10.7 

percent. Therefore, this action changes 

the amount of arrowtooth flounder and 

Bering Sea Greenland turbot allocated to 

the non-specified reserves from 7.5 

percent to 4.3 percent. This action also 

establishes ICAs for Atka mackerel, 

flathead sole, rock sole, yellowfin sole, 

and Aleutian Islands Pacific ocean 

perch, since Amendment 80 fully 

allocates these species to the BSAI trawl 

limited access and Amendment 80 

sectors. 

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 the 

allocation of 7.5 percent of the trawl 

gear allocations of sablefish and 10.7 

percent of the Bering Sea Greenland 

turbot and arrowtooth flounder TACs to 

the respective CDQ reserves. Section 

679.20(b)(1)(ii)(C) requires the 

allocations of 10.7 percent of the TACs 

for Atka mackerel, Aleutian Islands 

Pacific ocean perch, yellowfin sole, rock 

sole, flathead sole, and Pacific cod to 

the CDQ reserves. Sections 

679.20(a)(5)(iii)(B)(2)(i), 

679.20(b)(1)(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 

allocations by gear. Section 

679.21(e)(3)(i)(A) requires withholding 

of 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 allocates 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 

unchanged from the final 2008 harvest 

specifications for the BSAI (72 FR 9451, 

March 2, 2007). 

Pursuant to § 679.20(a)(8) and (10), 

NMFS allocates new 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 TACs after 

subtraction of the 10.7 percent CDQ 

reserve. These allowances are based on 

NMFS’ examination of the incidental 

catch in other target fisheries from 2003 

through 2006. 

Pursuant to § 679.20(b)(1)(i), 

Amendment 80 species are no longer 

put into a non-specified reserve. 

Therefore, this action removes from 

Table 2 the Amendment 80 species 

(Pacific cod, Atka mackerel and Pacific 

ocean perch) that were supplemented 

from the non-specified reserve in Table 

2 of the final 2008 harvest specifications 

(72 FR 9455). The regulations do not 

designate the remainder of the nonspecified 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)). The 

Regional Administrator has determined 

that the ITACs specified for the species 

listed in Table 2 need to be 

supplemented from the non-specified 

reserve because U.S. fishing vessels 

have demonstrated the capacity to catch 

the full TAC allocations. Therefore, in 

accordance with § 679.20(b)(3), NMFS is 

apportioning the amounts shown in 

Table 2 from the non-specified reserve 

to increase the ITAC for northern 

rockfish, shortraker rockfish, rougheye 

rockfish, and Bering Sea ‘‘other 

rockfish’’ by 7.5 percent of the TAC. The 

revised Table 2 below replaces Table 2 

in the final harvest specifications (72 FR 

9455). 

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BILLING CODE 6100–22–C 

Allocation of the Atka Mackerel TAC 

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

Atka mackerel TACs, after subtracting 

first the CDQ reserves, second the ICAs 

for the BSAI trawl limited access sector 

and non-trawl gear, and third the jig 

gear allocation, 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 


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annually by the Council based on 

several criteria, including the 

anticipated harvest capacity of the jig 

gear fleet. For 2008, the Council 

recommended, and NMFS approved, a 1 

percent allocation of the Atka mackerel 

ITAC in the Eastern Aleutian District 

and Bering Sea subarea to jig gear. Based 

on the 2008 TAC of 17,600 mt the 2008 

jig gear allocation is revised to 143 mt. 

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; Table 4). 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 Central (Area 542) and 

Western (Area 543) Aleutian Districts. 

NMFS will establish HLA limits for the 

CDQ reserve and each of the three nonCDQ fishery categories: the BSAI trawl 

limited access sector; the Amendment 

80 limited access sector; and an 

aggregate HLA limit applicable to all 

Amendment 80 cooperatives. NMFS 

will assign vessels in each of those three 

non-CDQ sectors that apply to fish for 

Atka mackerel in the HLA to an HLA 

fishery based on a random lottery for 

each sector of the vessels that apply (see 

§ 679.20(a)(8)(iii)). 

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. 

In Area 543, there is no allocation of 

Atka mackerel or HLA fishery for the 

BSAI trawl limited access sector. 

Therefore, the lottery for the BSAI trawl 

limited access sector will not include 

Area 543. 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 in the HLA for the first HLA 

fishery in all three trawl sectors at the 

same time. The initial opening of fishing 

in the HLA will be based on the first 

directed fishing closure of Atka 

mackerel in the Eastern Aleutian 

District and Bering Sea subarea for any 

one of the three trawl sectors allocated 

Atka mackerel TAC. This action changes 

the Atka mackerel allocations by 

subtracting the amount for the ICA. This 

reduces the amount of Atka mackerel 

available for the jig gear allocation in 

the Eastern Aleutian District and Bering 

Sea subarea. This action also adds the 

allocations to three sectors: BSAI trawl 

limited access, Amendment 80 limited 

access, and Amendment 80 

cooperatives. The revised Table 4 below 

replaces Table 4 in the final harvest 

specifications (72 FR 9457). 

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Allocation of the Pacific cod TAC 

This action changes the Pacific cod 

allocations in Table 5 by increasing the 

hook-and-line and pot catcher vessels 

less than 60 ft (18.3 m) length overall 

(LOA), hook-and-line catcher/ 

processors, and pot catcher vessels 

greater than or equal to 60 ft (18.3 m) 

LOA allocations and decreasing pot 

catcher/processors, jig gear, trawl 

catcher vessels, and trawl catcher/ 

processors. Also, the trawl catcher/ 

processor allocation is separated into 

allocations for the AFA trawl catcher/ 

processors and non-AFA trawl catcher/ 

processors. Amendment 80 further 

allocates the non-AFA trawl catcher/ 

processor allocation between the 

Amendment 80 limited access and 

cooperatives. Table 5 also revises the 

seasonal allowances of Pacific cod to 

various sectors. 

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

allocates the Pacific cod TAC in the 

BSAI, after subtraction of 10.7 percent 

for the CDQ reserve, 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 

American Fisheries Act (AFA) trawl 

catcher/processors, 13.4 percent to nonAFA 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. For 2008, the Regional 

Administrator establishes an ICA of 500 

mt based on anticipated incidental catch 

by these sectors in other fisheries. This 

allowance is unchanged from the final 

2008 harvest specifications for the BSAI 

(72 FR 9458, March 2, 2007). The 

allocation of the ITAC for Pacific cod to 

the Amendment 80 sector is established 

in Table 33 to part 679 and § 679.91. 

Sections 679.20(a)(7) and 679.23(e)(5) 

apportion seasonal allowances of the 

Pacific cod ITAC to disperse the Pacific 

cod fisheries over the fishing year. 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. 

Sections 679.20(a)(7)(i)(B) and 

679.23(e)(5) establish the CDQ season 

allowances based on gear. For most 

hook-and-line catcher/processors and 

hook-and-line catcher vessels greater 

than or equal to 60 ft (18.3 m) LOA 

harvesting CDQ Pacific cod, the first 

seasonal allowance of 60 percent of the 

ITAC is available for directed fishing 

from January 1 to June 10, and the 

second seasonal allowance of 40 percent 

of the ITAC is available from June 10 to 

December 31. No seasonal harvest 

constraints are imposed on the CDQ 

Pacific cod fishery for pot gear or hookand-line catcher vessels less than 60 feet 

(18.3 m) LOA. For vessels harvesting 

CDQ Pacific cod with trawl gear the first 

season allowance of 60 percent of the 

ITAC is available January 20 to April 1. 

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 CDQ Pacific 

cod 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 CDQ Pacific cod trawl 

catcher/processor allocation is 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. 

Sections 679.20(a)(7)(iv)(A) and 

679.23(e)(5) apportion the non-CDQ 

season allowances by gear as follows. 

For hook-and-line and pot catcher/ 

processors and hook-and-line and pot 

catcher vessels greater than or equal to 

60 ft (18.3 m) LOA, the first seasonal 

allowance of 51 percent of the ITAC is 

available for directed fishing from 

January 1 to June 10, and the second 

seasonal allowance of 49 percent of the 

ITAC is 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 

5 lists the new 2008 allocations and 

seasonal apportionments of the Pacific 

cod TAC. The revised Table 5 below 

replaces Table 5 in the final harvest 

specifications (72 FR 9458). 

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BILLING CODE 6100–22–C 

Allocation of PSC Limits for Halibut, 

Salmon, Crab, and Herring 

Amendment 80 reduces the 

allocations of halibut, non-Chinook 

salmon, and crab PSC limits that may be 

taken while non-AFA trawl catcher/ 

processors are groundfish fishing in the 

BSAI. Amendment 80 increases the nonChinook salmon and crab allocated to 

the CDQ program as prohibited species 

quota (PSQ) reserve increases from 7.5 

percent to 10.7 percent and increases 

the percentage of halibut PSQ allocated 

to the CDQ program. Amendment 85 

divides the halibut PSC allowance 

annually specified for the hook-and-line 

Pacific cod fishery between two fishery 

sectors: the hook-and-line catcher/ 

processor sector and the hook-and-line 

catcher vessel sector. 

Amendment 80 also adjusts the 

maximum limit for red king crab 

bycatch in the red king crab savings 

subarea. This action incorporates these 

allocation changes in Tables 7a-e below. 

Tables 7a-e do not change the PSC 

limits that were established in the 

original harvest specifications for 2008. 

Section 679.21(e) sets forth the BSAI 

PSC limits. Sections 679.21(e)(1)(iv) and 

(e)(2) establish the 2008 BSAI halibut 

mortality limits as 3,675 mt for trawl 

fisheries and 900 mt for the non-trawl 

fisheries. Section 679.21(e)(3)(i) 

allocates 276 mt of the trawl halibut 

mortality limit and § 679.21(e)(4)(i)(A) 

allocates 7.5 percent, or 67 mt, of the 

non-trawl halibut mortality limit as the 

PSQ reserve for use by the groundfish 

CDQ program. Section 679.21(e)(1)(vi) 

specifies 29,000 fish as the 2008 

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 Bering Sea subarea PSQ reserve for 

the CDQ program and allocates the 

remaining 26,825 Chinook salmon to the 

non-CDQ fisheries. Section 


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679.21(e)(1)(viii) specifies 700 fish as 

the 2008 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 reserve for the CDQ 

program and allocates the remaining 

647 Chinook salmon to the non-CDQ 

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

specifies 42,000 fish as the 2008 nonChinook salmon PSC limit for the BSAI. 

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

10.7 percent, or 4,494 non-Chinook 

salmon, as the PSQ reserve for the CDQ 

program and allocates the remaining 

37,506 non-Chinook salmon to the nonCDQ fisheries. 

PSC limits for crab and herring are 

specified annually based on abundance 

and spawning biomass. 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 as 157 million 

pounds (71,215 mt). Based on the 

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

2008 PSC limit of red king crab in Zone 

1 for trawl gear is 197,000 animals. This 

limit results 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 implementing Amendment 

80 limit the RKCSS to up to 25 percent 

of the red king crab PSC allowance. 

Prior to Amendment 80, regulations 

limited the RKCSS to up to 35 percent 

of the trawl bycatch allowance specified 

for the rock sole/flathead sole/‘‘other 

flatfish’’ fishery category. In December 

2006, for 2007 and 2008 the Council 

recommended and NMFS approved a 

red king crab bycatch limit equal to 35 

percent of the trawl bycatch allowance 

specified for the rock sole/flathead sole/ 

‘‘other flatfish’’ fishery category within 

the RKCSS. Since this was the 

maximum limit available for the RKCSS, 

under the regulations implementing 

Amendment 80 NMFS is also setting the 

2008 red king crab bycatch limit at the 

maximum amount available for the 

RKCSS, or 25 percent of the red king 

crab PSC allowance. 

Based on 2006 survey data, Tanner 

crab (Chionoecetes bairdi) abundance is 

estimated as 866 million animals. Given 

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

the 2008 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 result from the C. bairdi crab 

abundance 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 herring biomass is 

178,652 mt. This amount was derived 

using 2006 survey data and an agestructured biomass projection model 

developed by the Alaska Department of 

Fish and Game. Therefore, the herring 

PSC limit for 2008 is 1,787 mt for all 

trawl gear. 

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 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. NMFS used the 

percentages from the trawl 

apportionments in Table 7 of the 2007 

and 2008 final harvest specifications for 

the BSAI (72 FR 9460) to derive the 

fishery category and seasonal 

apportionments for the BSAI trawl 

limited assess sector in Table 7c and the 

Amendment 80 limited access sector in 

Table 7e, below. 

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)(i)(C) 

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 trawl and 

non-trawl fisheries. 

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

exemption of specified non-trawl 

fisheries from the halibut PSC limit. As 

in past years, NMFS, after consultation 

with the Council, exempts pot gear, jig 

gear, and the sablefish IFQ hook-andline 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-sized halibut to be retained by 

vessels using hook-and-line gear if a 

halibut IFQ permit holder or a hired 

master is aboard and is holding unused 

halibut IFQ. In 2006, total groundfish 

catch for the pot gear fishery in the 

BSAI was approximately 19,721 mt, 

with an associated halibut bycatch 

mortality of about 5 mt. The 2006 jig 

gear fishery harvested about 84 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 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. The Council 

recommended and NMFS approved the 

seasonal PSC apportionments in Table 

7c to maximize harvest among gear 

types, fisheries, and seasons while 

minimizing bycatch of PSC based on the 

above criteria. The revised Tables 7a-e 

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replace Table 7 in the final harvest 

specifications (72 FR 9460). 

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BILLING CODE 6100–22–C 

Directed Fishing Closures 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator may 

establish a directed fishing allowance 

(DFA) for a species or species group, if 

the Regional Administrator determines 

that any allocation or apportionment of 

a target species or ‘‘other species’’

category has been or will be reached. If 

the Regional Administrator establishes a 

DFA, and that allowance is or will be 

reached before the end of the fishing 

year, NMFS will prohibit directed 

fishing for that species or species group 

in the specified subarea or district (see 

§ 697.20(d)(1)(iii)). Similarly, pursuant 

to § 679.21(e), if the Regional 

Administrator determines that a fishery 

category’s bycatch allowance of halibut, 

red king crab, C. bairdi crab or C. opilio 

crab for a specified area has been 

reached, the Regional Administrator 

will prohibit directed fishing for each 

species in that category in the specified 

area. 

The Regional Administrator has 

determined that the allocation amounts 

in revised Table 9, below, will be 

necessary as incidental catch to support 

other anticipated groundfish fisheries 

for 2008 fishing year. This action 

changes Table 9 by adding the ICAs for 

the Amendment 80 species. This revised 

Table 9 replaces Table 9 in the final 

harvest specifications (72 FR 9461). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator establishes 

the DFA for the species listed in revised 

Table 9 as zero. Therefore, in 

accordance with § 679.20(d)(1)(iii), 

NMFS is prohibiting directed fishing for 

these species in the specified areas 

effective at 1200 hrs, A.l.t., December 

19, 2007, through 2400 hrs, A.l.t., 

December 31, 2008. 

These closures remain effective under 

authority of these 2008 final harvest 

specifications. These closures supersede 

the 2008 closures announced under 

authority of the 2007 and 2008 final 

harvest specifications (72 FR 9451). 

While these closures are in effect, the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a fishing trip. 

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BILLING CODE 6100–22–C 

Listed AFA Catcher/Processor 

Sideboard Limits 

Pursuant to § 679.64(a), the Regional 

Administrator restricts 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. The basis for these sideboard 

limits is described in detail in the final 

rules implementing major provisions of 

the AFA (67 FR 79692, December 30, 

2002), Amendment 80 (72 FR 52668, 

September 14, 2007), and Amendment 

85 (72 FR 50788, September 4, 2007). 

Table 10 lists the 2008 catcher/ 

processor sideboard limits. This action 

changes Table 10 by removing the 

Pacific cod and yellowfin sole sideboard 

limits. A sideboard limit is not 

necessary for AFA catcher/processors 

since Amendment 85 allocated Pacific 

cod specifically to the AFA catcher/ 


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processor sector. Section 679.64(b)(6) 

exempts AFA catcher processors from a 

yellowfin sole sideboard limit because 

the 2008 aggregate ITAC of yellowfin 

sole assigned to the Amendment 80 

sector and BSAI trawl limited access 

sector (131,950 mt) is greater than 

125,000 mt. Also, this action changes 

Table 10 by increasing the sideboard 

limits for flathead sole and rock sole 

because the ITAC for these species 

increases from 85 percent to 89.3 

percent of the TAC. The sideboard 

limits for Aleutian Islands Pacific ocean 

perch and Atka mackerel remain the 

same because the ITAC is specified as 

89.3 percent under revised Table 1 for 

2008 final harvest specifications. The 

revised Table 10 below replaces Table 

10 in the final harvest specifications (72 

FR 9463). 

All harvests of groundfish sideboard 

species made by listed AFA catcher/ 

processors, whether as targeted catch or 

incidental catch, will be deducted from 

the sideboard limits in the revised Table 

10. However, groundfish sideboard 

species that are delivered to listed 

catcher/processors by catcher vessels 

will not be deducted from the 2008 

sideboard limits for the listed catcher/ 

processors. 

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BILLING CODE 6100–22–C In the original 2008 harvest 

specifications, AFA catcher/processor 

halibut PSC sideboard limits are 

calculated based on a proportion of the 


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halibut PSC available to all trawl 

vessels. Amendment 80 fixes the halibut 

PSC sideboard limits for AFA catcher/ 

processors at the levels established in 

the 2006 and 2007 final harvest 

specifications (71 FR 10894, March 3, 

2006) and listed in Table 40 to part 679 

in the proposed regulatory text. 

In the original 2008 harvest 

specifications, the amount of trawl crab 

PSC available to AFA catcher/ 

processors is based on the total crab PSC 

limit, prior to any allocations to the 

CDQ reserves. Amendment 80 changes 

the amount of crab PSC available for 

AFA catcher/processor sideboard limit 

calculations to the amount of the trawl 

PSC limit available after allocation to 

the CDQ reserves as crab PSQ. Table 41 

to part 679 shows the results of this 

change. 

The basis for these sideboard limits is 

described in detail in the final rules 

implementing major provisions of the 

AFA (67 FR 79692, December 30, 2002) 

and Amendment 80 (72 FR 52668, 

September 14, 2007). The revised Table 

11 below replaces Table 11 in the final 

harvest specifications (72 FR 9463–

9464). 

Halibut and crab PSC listed in revised 

Table 11 that are caught by listed AFA 

catcher/processors participating in any 

groundfish fishery other than pollock 

will accrue against the 2008 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 2008 PSC 

sideboard limit listed in revised Table 

11 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 under regulations at 

§ 679.21(e)(3)(iv). 

BILLING CODE 6100–22–S 

BILLING CODE 6100–22–C 

AFA Catcher Vessel Sideboard Limits 

Pursuant to § 679.64(b), the Regional 

Administrator restricts 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 a 

formula 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 major provisions of 

the AFA (67 FR 79692, December 30, 

2002) and Amendment 80 (72 FR 52668, 

September 14, 2007). Tables 12 and 13 

list the 2008 AFA catcher vessel 

sideboard limits. 

This action changes Table 12 by 

removing the yellowfin sole sideboard 

limit. Section 679.64(b)(6) exempts AFA 

catcher vessels from a yellowfin sole 

sideboard limit because the 2008 

aggregate ITAC of yellowfin sole 

assigned to the Amendment 80 sector 

and BSAI trawl limited access sector 

(131,950 mt) is greater than 125,000 mt. 

Also, this action changes Table 12 by 

increasing the sideboard limits for 

flathead sole and rock sole because the 

ITAC for these species increases from 85 

percent to 89.3 percent of the TAC. The 

sideboard limits for Aleutian Islands 

Pacific ocean perch and Atka mackerel 

remain the same because the ITAC was 

specified as 89.3 percent under revised 

Table 1 for 2008 final harvest 

specifications. The revised Table 12 

below replaces Table 12 in the final 

harvest specifications (72 FR 9464–

9465). 

All harvests of groundfish sideboard 

species made by non-exempt AFA 

catcher vessels, whether as targeted 

catch or incidental catch, will be 

deducted from the sideboard limits 

listed in revised Table 12. 

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BILLING CODE 6100–22–C 

In the original 2008 harvest 

specifications, AFA catcher vessel 

halibut PSC sideboard limits are 

calculated based on a proportion of the 

halibut PSC available to all trawl 

vessels. Amendment 80 fixed the 

halibut PSC sideboard limits for AFA 

catcher vessels in each fishery complex 

in the BSAI at the levels established in 

the 2006 and 2007 final harvest 

specifications (71 FR 10894, March 3, 

2006) and listed in Table 40 to part 679. 

In the original 2008 harvest 

specifications, the AFA catcher vessel 

crab sideboard calculation is dependent 

on the distribution of trawl crab PSC 

among the target fishery categories, and 

the AFA catcher vessel sideboard limit 

cannot be calculated until those 

amounts are determined in the annual 

harvest specification process. This 

action changes the AFA catcher vessel 

crab sideboard limit under Amendment 

80. It calculates the proportion of the 

total trawl crab PSC limit attributed to 

AFA catcher vessels as the sum of the 

AFA catcher vessel PSC sideboard 

limits for each crab PSC species in all 

target fisheries divided by the sum of 

the total trawl PSC limit for that crab 

PSC species as described in the annual 

harvest specification process in each 

year. Table 41 to part 679 shows the 

results of this change. The revised Table 

3 below replaces Table 13 in the final 

harvest specifications (72 FR 9465–

9466). 

Halibut and crab PSC listed in revised 

Table 13 that are caught by AFA catcher 

vessels participating in any groundfish 

fishery for groundfish other than 

pollock will accrue against the 2008 

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 2008 PSC sideboard limit listed 

in revised Table 13 is reached. The PSC 

that is 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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AFA Catcher/Processor and Catcher 

Vessel Sideboard Directed Fishing 

Closures 

The Regional Administrator has 

determined that many of the AFA 

catcher/processor and catcher vessel 

sideboard limits listed in Tables 14 and 

15 are necessary as incidental catch to 

support other anticipated groundfish 

fisheries for the 2008 fishing year. In 

accordance with § 679.20(d)(1)(iv), the 

Regional Administrator establishes the 

sideboard limits listed in Tables 14 and 

15 as DFAs. The Regional Administrator 

finds that many of these DFAs will be 

reached before the end of the year. 

Therefore, in accordance with 

§ 679.20(d)(1)(iii), NMFS is prohibiting 

directed fishing by listed AFA catcher/ 

processors for the species in the 

specified areas set out in Table 14 and 

directed fishing by non-exempt AFA 

catcher vessels for the species in the 

specified areas set out in Table 15. This 

action changes Table 14 by increasing 

the 2008 sideboard limit for rock sole 

from 2,359 mt to 2,478 mt. The 2008 

rock sole sideboard limit increased for 

Amendment 80 species because the 

allocation to the ITAC increased from 85 

percent to 89.3 percent. Also, this action 

adds flathead sole to Table 14 because 

flathead sole is fully allocated to the 

non-AFA trawl catcher/processors. This 

action changes Table 15 by increasing 

the 2008 sideboard limit for flathead 

sole from 1,932 mt to 2,029 mt. The 

2008 flathead sole sideboard limit 

increased for Amendment 80 species 

because the allocation to the ITAC 

increased from 85 percent to 89.3 

percent. Also, this action adds rock sole 

to Table 14 because rock sole is fully 

allocated to the non-AFA trawl catcher/ 

processors. The revised Tables 14 and 

15 below replace Tables 14 and 15 in 

the final harvest specifications (72 FR 

9467). 

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BILLING CODE 6100–22–C 

Allocation of the Aleutian Islands 

Pacific Ocean Perch, Flathead Sole, 

Rock Sole, and Yellowfin Sole TACs 

This action changes the allocations of 

the flathead sole, rock sole, yellowfin 

sole, and Aleutian Islands Pacific ocean 

perch TACs in the BSAI after 

subtraction of 10.7 percent for the CDQ 

reserve by further allocating amounts to 

ICAs, BSAI trawl limited access, 

Amendment 80 limited access, and 

Amendment 80 cooperatives. The 

allocation of the ITAC for flathead sole, 

rock sole, yellowfin sole, and Aleutian 

Islands Pacific ocean perch is 

established in accordance with 

§§ 679.20(a)(10)(i) and (ii), § 679.91, and 

Tables 33 and 34 to part 679. Table 16 

below lists the 2008 allocations and 

seasonal apportionments of the flathead 

sole, rock sole, yellowfin sole, and 

Aleutian Islands Pacific ocean perch 

TACs. This Table 16 is added to the 

final harvest specifications. 

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BILLING CODE 6100–22–C 

Revisions to the 2008 Final Harvest 

Specifications for the GOA 

GOA Amendment 80 Vessel Groundfish 

Harvest and PSC Limits 

Section 679.92 establishes groundfish 

harvesting sideboard limits on all 

Amendment 80 vessels to amounts no 

greater than the limits shown in Table 

37 to part 679. Sideboard limits in the 

GOA are for pollock in the Western and 

Central Regulatory Areas and in the 

West Yakutat District, Pacific cod 

gulfwide, Pacific ocean perch and 

pelagic shelf rockfish in the Western 

Regulatory Area and West Yakutat 

District, and northern rockfish in the 

Western Regulatory Area. These 

sideboard limits are necessary to protect 

the interests of fishermen who do not 

directly benefit from vessels who 

receive exclusive harvesting privileges 

under the Amendment 80 program 

unless fishing in the limited access or 

cooperative sectors in the Central GOA 

Rockfish Program (Rockfish program). 

Groundfish sideboard limits for 

Amendment 80 vessels operating in the 

GOA are based on their average 

aggregate harvests from 1998 to 2004. 

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 Rockfish program. 

Amendment 80 vessels not qualified 

under the Rockfish program are 

excluded from directed fishing for these 

rockfish species in the Central GOA. 

Under the Amendment 80 program 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 unless fishing in the Central GOA 

in the limited access or cooperative 

sectors in the Rockfish program. 

Table 17 below lists the 2008 GOA 

sideboard limits. All targeted or 

incidental catch of sideboard species 

made by Amendment 80 vessels will be 

deducted from the sideboard limits in 

Table 17. Table 17 is added to the final 

2008 harvest specifications for 

groundfish of the Gulf of Alaska (72 FR 

9676, March 5, 2007). 

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BILLING CODE 6100–22–C 

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 18 below lists these amounts. 

Table 18 is added to the final harvest 

specifications for groundfish of the Gulf 

of Alaska (72 FR 9676, March 5, 2007). 

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BILLING CODE 6100–22–C 

Small Entity Compliance Guide 

The following information is a plain 

language guide to assist small entities in 

complying with this final rule as 

required by the Small Business 

Regulatory Enforcement Fairness Act of 

1996. This final rule is necessary to 

revise 2008 final harvest specifications 

and prohibited species catch limits for 

the groundfish fishery of the BSAI so 

that these amounts are consistent with 

new fishery allocations and limitations 

established under Amendments 80 and 

85. This action affects all fishermen who 

participate in the BSAI fishery. The 

specific amounts of OFL, ABC, TAC, 

and PSC amounts and allocations 

thereof, are provided in tabular form to 

assist the reader. NMFS will announce 

closures of directed fishing in the 

Federal Register and in information 

bulletins released by the Alaska Region. 

Affected fishermen should keep 

themselves informed of such closures. 

Classification 

NMFS determined that the BSAI and 

GOA FMPs are necessary for the 

conservation and management of the 

Alaska groundfish fisheries and that 

they are consistent with the MagnusonStevens Fishery Conservation and 

Management Act and other applicable 

laws. 

This action is authorized under 

§ 679.20 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA (AA) finds good cause to waive 

prior notice and opportunity for public 

comment on this action as notice and 

comment is unnecessary. Through this 

action, NOAA seeks to revise the 2008 

BSAI and GOA harvest specifications 

consistent with the final rules 

implementing Amendments 80 and 85 

and to ensure that the groundfish and 

PSC allocations and limits implemented 

under Amendments 80 and 85 will be 

effective at the beginning of the 2008 

fishing year. Prior notice and 

opportunity for public comment on this 

action is unnecessary because the 

revisions being made by this action seek 

merely to update the 2008 BSAI and 

GOA harvest specifications to reflect 

allocations and limitations implemented 

and required by Amendments 80 and 85 

and which have already been subject to 

notice and comment. This action does 

not revise the 2008 BSAI and GOA 

harvest specifications in any substantive 

manner not previously the subject of 

notice and comment during the 

development of Amendments 80 and 85. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date requirement of 5 U.S.C. 553(d). The 

waiver of the 30-day delay in effective 

date requirement of 5 U.S.C. 553(d) is 

necessary to ensure that the allocations 

and limitations required under 

Amendments 80 and 85 will be effective 

at the beginning of the 2008 fishing year 

and to provide the regulated community 

with the timely, adequate and accurate 

information necessary to allow the 

industry to plan for the fishing season, 

to conduct orderly and efficient 

fisheries and to avoid potential 

disruption to the fishing fleet and 

processors. This rule must be effective 

on January 1, 2008, because vessels 

affected by the changes in this final rule 

will begin fishing immediately after the 

start of the calendar year when the value 

from several of these groundfish 

fisheries, such as rock sole and 

yellowfin sole, is the highest. If this 

action is not effective at the start of the 

fishing year, some vessels would be able 

to harvest groundfish in amounts that 

exceed allocations that will be 

implemented under Amendments 80 

and 85, thereby reducing allocations of 

groundfish intended for other vessels 

and undermining the intent of 

Amendments 80 and 85. The economic 

value of the fisheries for intended 

recipients under Amendments 80 and 

85 would be lost. 

NMFS prepared a Final EIS for the 

harvest strategy implemented by the 

annual harvest specifications 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 (see ADDRESSES). 

Three separate final regulatory 

flexibility analyses (FRFAs) were 

prepared to evaluate the impacts on 

small entities resulting from (1) 

alternative harvest strategies employed 

in establishing the 2008 harvest 

specifications (2) alternatives 

considered during the development and 


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approval of Amendment 85, and (3) 

alternatives considered during the 

development and approval of 

Amendment 80. All three of these 

FRFAs met the statutory requirements of 

the Regulatory Flexibility Act (RFA) of 

1980, as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (5 U.S.C. 601–612). A summary of 

each FRFA was published with its 

relevant final rule and is not repeated 

here. The summary of the FRFA 

supporting the final 2008 final harvest 

specifications was published March 2, 

2007 (72 FR 9451) and March 5, 2007 

(72 FR 9676); the summary of the FRFA 

supporting Amendment 85 to the FMP 

was published September 4, 2007 (72 

FR 50788), and the summary of the 

FRFA supporting Amendment 80 to the 

FMP was published September 14, 2007 

(72 FR 52668). 

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

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

Dated: December 13, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 07–6100 Filed 12–18–07; 8:45 am] 

BILLING CODE 6100–22–S 

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