Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations 10159 

king mackerel commercial fishery when 

its quota has been reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined that the 

commercial quota of 1,040,625 lb 

(472,000 kg) for Gulf group king 

mackerel in the Florida east coast 

subzone will be reached on February 20, 

2008. Accordingly, the commercial 

fishery for king mackerel in the Florida 

east coast subzone is closed at 12:01 

a.m., local time, February 21, 2008, 

through 12:01 a.m., local time, March 

31, 2008. 

From November 1 through March 31 

the Florida east coast subzone of the 

Gulf group king mackerel is that part of 

the eastern zone north of 25°20.4′ N. lat. 

(a line directly east from the MiamiDade/Monroe County, FL, boundary) to 

29°25′ N. lat. (a line directly east from 

the Flagler/Volusia County, FL, 

boundary). Beginning April 1, the 

boundary between Atlantic and Gulf 

groups of king mackerel shifts south and 

west to the Monroe/Collier County 

boundary on the west coast of Florida. 

From April 1 through October 31, king 

mackerel harvested along the east coast 

of Florida, including all of Monroe 

County, are considered to be Atlantic 

group king mackerel. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

finds that the need to immediately 

implement this action to close the 

fishery constitutes good cause to waive 

the requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Such procedures 

would be unnecessary because the rule 

itself already has been subject to notice 

and comment, and all that remains is to 

notify the public of the closure. 

NMFS also finds good cause that the 

implementation of this action cannot be 

delayed for 30 days. There is a need to 

implement this measure in a timely 

fashion to prevent an overrun of the 

commercial fishery for king mackerel in 

the Florida east coast subzone, given the 

capacity of the fishing fleet to harvest 

the quota quickly. Any delay in 

implementing this action would be 

contrary to the Magnuson-Stevens Act 

and the FMP. Accordingly, under 5 

U.S.C. 553(d), a delay in the effective 

date is waived. 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: February 20, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–835 Filed 2–20–08; 3:59 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XF82 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is reopening directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA) for 48 

hours. This action is necessary to fully 

use the A season allowance of the 2008 

total allowable catch (TAC) of pollock 

specified for Statistical Area 630 of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 23, 2008, through 

1200 hrs, A.l.t., February 25, 2008. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., March 7, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by 0648–XF82, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website 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. 

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 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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 630 of the 

GOA under § 679.20(d)(1)(iii) on 

January 22, 2008 (73 FR 4494, January 

25, 2008). The fishery was subsequently 

reopened on January 25, 2008 and 

closed on January 27, 2008 (73 FR 5128, 

January 29, 2008). 

NMFS has determined that 

approximately 2,469 mt of pollock 

remain in the directed fishing allowance 

in Statistical Area 630 of the GOA. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the A 

season allowance of the 2008 TAC of 

pollock in Statistical Area 630, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 630 of the GOA. In 

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

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 48 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 630 of the 

GOA for 48 hours, effective 1200 hrs, 

A.l.t., February 25, 2008. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) and 50 CFR 

679.25(c)(1)(ii) 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 


pwalker on PROD1PC71 with RULES
10160 Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations 

data in a timely fashion and would 

delay the opening of pollock in 

Statistical Area 630 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of February 20, 

2008. 

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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

pollock in Statistical Area 630 of the 

GOA to be harvested in an expedient 

manner and in accordance with the 

regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

March 7, 2008. 

This action is required by§ 679.20 and 

§ 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: February 21, 2008. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 08–851 Filed 2–21–08; 2:26 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XD69 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands; Final 2008 and 2009 

Harvest Specifications for Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; closures. 

SUMMARY: NMFS announces final 2008 

and 2009 harvest specifications and 

prohibited species catch allowances for 

the groundfish fishery 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 

(FMP). 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: The final 2008 and 2009 harvest 

specifications and associated 

apportionment of reserves are effective 

at 1200 hrs, Alaska local time (A.l.t.), 

February 26, 2008, through 2400 hrs, 

A.l.t., December 31, 2009. 

ADDRESSES: Copies of the Final Alaska 

Groundfish Harvest Specifications 

Environmental Impact Statement (EIS), 

Record of Decision (ROD), 

Supplementary Information Report (SIR) 

to the EIS, and Final Regulatory 

Flexibility Analysis (FRFA) prepared for 

this action are available on the Alaska 

Region Web site 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 2007 Stock Assessment and Fishery 

Evaluation (SAFE) report for the 

groundfish resources of the Bering Sea 

and Aleutian Islands management area 

(BSAI) dated November 2007, are 

available from the North Pacific Fishery 

Management Council, West 4th Avenue, 

Suite 306, Anchorage, AK 99510–2252, 

phone 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 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 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 the total allowable catch (TAC) 

for each target species and for the ‘‘other 

species’’ category, and the sum must be 

within the optimum yield (OY) range of 

1.4 million to 2.0 million metric tons 

(mt) (see 50 CFR ( 679.20(a)(1)(i)). NMFs 

also must specify apportionments of 

TACs, Community Development Quota 

(CDQ) reserve amounts, prohibited 

species catch (PSC) allowances, and 

prohibited species quota (PSQ) reserve 

amounts. The final harvest 

specifications listed in Tables 1 through 

16 of this action satisfy these 

requirements. The sum of TACs for 2008 

is 1,838,345 mt and for 2009 is 

1,814,204 mt. 

Section 679.20(c)(3) further requires 

NMFS to consider public comment on 

the proposed annual TACs and 

apportionments thereof and the 

proposed PSC allowances, and to 

publish final harvest specifications in 

the Federal Register. The proposed 

2008 and 2009 harvest specifications 

and PSC allowances for the groundfish 

fishery of the BSAI were published in 

the Federal Register on December 6, 

2007 (72 FR 68833). Comments were 

invited and accepted through January 7, 

2008. NMFS received two letters with 

several comments on the proposed 

harvest specifications. These comments 

are summarized and responded to in the 

Response to Comments section of this 

rule. NMFS consulted with the Council 

on the final 2008 and 2009 harvest 

specifications during the December 

2007 Council meeting in Anchorage, 

AK. After considering public comments, 

as well as biological and economic data 

that were available at the Council’s 

December meeting, NMFS is 

implementing the final 2008 and 2009 

harvest specifications as recommended 

by the Council. 

Acceptable Biological Catch (ABC) and 

TAC Harvest Specifications 

The final ABC levels are based on the 

best available biological and 

socioeconomic information, including 

projected biomass trends, information 

on assumed distribution of stock 

biomass, and revised technical methods 

used to calculate stock biomass. In 

general, the development of ABCs and 

overfishing levels (OFLs) involves 

sophisticated statistical analyses of fish 

populations and is based on a 

successive series of six levels, or tiers, 

of the reliability of the information 

available to fishery scientists. Tier 1 

represents the highest level of data 

quality available and tier 6 the lowest. 

In December 2007, the Scientific and 

Statistical Committee (SSC), Advisory 

Panel (AP), and Council reviewed 

current biological information about the 

condition of the BSAI groundfish stocks. 

The Council’s Plan Team compiled and 

presented this information in the 2007 

SAFE report for the BSAI groundfish 

fisheries, dated November 2007. The 

SAFE report contains a review of the 

latest scientific analyses and estimates 

of each species’ biomass and other 

biological parameters, as well as 

summaries of the available information 

on the BSAI ecosystem and the 

economic condition of groundfish 

fisheries off Alaska. The SAFE report is 

available for public review (see 


pwalker on PROD1PC71 with RULES