[Federal Register Volume 73, Number 6 (Wednesday, January 9, 2008)]
[Rules and Regulations]
[Pages 1554-1555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-37]


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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.

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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superceded through publication of a notification in the Federal 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:
    <bullet> Mail to: P.O. Box 21668, Juneau, AK 99802
    <bullet> Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov
    <bullet> 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 Sec.  679.20(a)(6)(ii) and Sec.  
679.20(a)(12)(i) specifies how the Pacific cod TAC shall be 
apportioned.
    In accordance with Sec.  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 Sec.  679.20(a)(6)(ii) and Sec.  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)
------------------------------------------------------------------------
                                                           Component
                                                           allocation
            Season               Regulatory      TAC  ------------------
                                    area               Inshore  Offshore
                                                        (90%)     (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
------------------------------------------------------------------------

[[Page 1555]]

 
Total                                          50,269  45,242   5,027
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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 Sec.  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 Sec.  679.22 and Sec.  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]
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