1554 Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations 

* * * * * 

Dated: December 14, 2007. 

Lyle Laverty, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 08–6 Filed 1–8–08; 8:45 am] 

BILLING CODE 4310–55–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XE80 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2008 Gulf of Alaska Pacific Cod 

Total Allowable Catch Amount 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; request for comments. 

SUMMARY: NMFS is adjusting the 2008 

total allowable catch (TAC) amounts for 

the Gulf of Alaska (GOA) Pacific cod 

fishery. This action is necessary because 

NMFS has determined this TAC is 

incorrectly specified. This action will 

ensure the GOA Pacific cod TAC does 

not exceed the appropriate amount 

based on the best available scientific 

information for Pacific cod in the GOA. 

This action is consistent with the goals 

and objectives of the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska Management Area (FMP). 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 4, 2008, until the 

effective date of the 2008 and 2009 final 

harvest specifications for GOA 

groundfish, unless otherwise modified 

or superceded through publication of a 

notification in the Federal Register. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., January 22, 2008. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–XE80, by any 

one of the following methods: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov 

• FAX to 907–586–7557, Attn: Ellen 

Sebastian 

Instructions: 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 (for 

example, name, address, etc.) 

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. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the FMP prepared by the 

North Pacific Fishery Management 

Council (Council) under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2008 Pacific cod TAC in the GOA 

was set at 54,194 metric tons (mt) by the 

2007 and 2008 harvest specification for 

groundfish in the GOA (72 FR 9676, 

March 5, 2007). 

In December 2007, the Council 

recommended a 2008 Pacific cod TAC 

of 50,269 mt for the GOA. This amount 

is less than the 54,194 mt established by 

the 2007 and 2008 harvest specification 

for groundfish in the GOA (72 FR 9676, 

March 5, 2007). The TAC recommended 

by the Council is based on the Stock 

Assessment and Fishery Evaluation 

report (SAFE), dated November 2007, 

which NMFS has determined is the best 

available scientific information for this 

fishery. 

Steller sea lions occur in the same 

location as the Pacific cod fishery and 

are listed as endangered under the 

Endangered Species Act (ESA). Pacific 

cod is a principal prey species for 

Steller sea lions in the GOA. The 

seasonal apportionment of Pacific cod 

harvest is necessary to ensure the 

groundfish fisheries are not likely to 

cause jeopardy of extinction or adverse 

modification of critical habitat for 

Steller sea lions. The regulations at 

§ 679.20(a)(6)(ii) and § 679.20(a)(12)(i) 

specifies how the Pacific cod TAC shall 

be apportioned. 

In accordance with 

§ 679.25(a)(2)(i)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that, 

based on the November 2007 SAFE 

report for this fishery, the current GOA 

Pacific cod TAC is incorrectly specified. 

Consequently, the Regional 

Administrator is adjusting the 2008 

Pacific cod TAC to 50,269 mt in the 

GOA. 

Pursuant to § 679.20(a)(6)(ii) and 

§ 679.20(a)(12)(i), Table 8 of the 2007 

and 2008 final harvest specifications for 

groundfish in the GOA (72 FR 9676, 

March 5, 2007) is revised for the 2008 

Pacific cod TACs in the Western, 

Central, and Eastern GOA consistent 

with this adjustment. 

TABLE 8—FINAL 2008 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TAC AMOUNTS IN THE GULF OF

ALASKA; ALLOCATIONS FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS

(values are rounded to the nearest metric ton) 

Season Regulatory area TAC 

Component allocation 

Inshore (90%) Offshore (10%) 

Western 19,449 17,504 1,945 

A season (60%) 11,669 10,502 1,167 

B season (40%) 7,780 7,002 778 

Central 28,426 25,583 2,843 

A season (60%) 17,056 15,350 1,706 

B season (40%) 11,370 10,233 1,137 

Eastern 2,394 2,155 239 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations 1555 

TABLE 8—FINAL 2008 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TAC AMOUNTS IN THE GULF OF

ALASKA; ALLOCATIONS FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS—Continued 

(values are rounded to the nearest metric ton) 

Season Regulatory area TAC 

Component allocation 

Inshore (90%) Offshore (10%) 

Total 50,269 45,242 5,027 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

allow for harvests that exceed the 

appropriate allocations for Pacific cod 

based on the best scientific information 

available. NMFS was unable to publish 

a notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of December 13, 2007, and additional 

time for prior public comment would 

result in conservation concerns for the 

ESA-listed Steller sea lions. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

Under § 679.25(c)(2), interested 

persons are invited to submit written 

comments on this action to the above 

address until January 22, 2008. 

This action is required by § 679.22 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: January 3, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–37 Filed 1–4–08; 1:38 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XE81 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Chiniak Gully 

Research Area for Vessels Using Trawl 

Gear 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS is rescinding the trawl 

closure in the Chiniak Gully Research 

Area. This action is necessary to allow 

vessels using trawl gear to participate in 

directed fishing for groundfish in the 

Chiniak Gully Research Area. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 1, 2008, through 

1200 hrs, A.l.t., September 20, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The Chiniak Gully Research Area is 

closed to vessels using trawl gear from 

August 1 to a date no later than 

September 20 under regulations at 

§ 679.22(b)(6)(ii)(A). This closure is in 

support of a research project to evaluate 

the effects of commercial fishing on 

pollock distribution and abundance, as 

part of a comprehensive investigation of 

Stellar sea lion and commercial fishery 

interactions. 

The regulations at § 679.22(b)(6)(ii)(B) 

provide that the Regional Administrator, 

Alaska Region, NMFS, (Regional 

Administrator) shall rescind the trawl 

closure if relevant research activities 

will not be conducted. The Regional 

Administrator has determined that 

research activities will not be conducted 

in 2008 in the Chiniak Gully Research 

Area. Therefore, the Regional 

Administrator is rescinding the trawl 

closure of the Chiniak Gully Research 

Area. All other closures remain in full 

force and effect. 

Classification 

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

Assistant Administrator for Fisheries, 

NOAA (AA) finds good cause to waive 

prior notice and an opportunity for 

public comment on this action, as notice 

and comment is unnecessary. Notice 

and comment is unnecessary because 

the rescission of the trawl closure is 

non-discretionary; pursuant to 

§ 679.22(b)(6)(ii)(B), the Regional 

Administrator has no choice but to 

rescind the trawl closure once it is 

determined that research activities will 

not be conducted in the area. 

Pursuant to 5 U.S.C. 553(d)(1), this 

rule is not subject to the 30–day delay 

in effective date requirement of 5 U.S.C. 

553(d) since the rule relieves a 

restriction. 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866. 

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

Dated: January 3, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–172 Filed 1–8–08; 8:45 am] 

BILLING CODE 3510–22–S 


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