[Federal Register Volume 73, Number 7 (Thursday, January 10, 2008)]
[Rules and Regulations]
[Pages 1831-1841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-63]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XE84


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2008 Gulf of Alaska Pollock 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 pollock in the Gulf of Alaska (GOA). This action is necessary 
because NMFS has determined these TACs are incorrectly specified. This 
action will ensure the GOA pollock TACs do not exceed the appropriate 
amount based on the best available scientific information for pollock 
in the GOA. This action is consistent with the goals and objectives of 
the Fishery Management Plan for Groundfish of the Gulf of Alaska Area 
(FMP).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 7, 2008, 
until the

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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GOA groundfish, unless otherwise modified or superceded through 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 RIN0648-XE84, 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 
Gulf of Alaska (GOA) 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 TAC of pollock in the GOA was set at 81,467 metric tons 
(mt) by the 2007 and 2008 harvest specification for groundfish in the 
GOA (72 FR 9676, March 5, 2007). The 2008 pollock TAC in Statistical 
Area 610 in the GOA was set at 30,308 mt. The 2008 pollock TAC in 
Statistical Area 620 in the GOA was set at 25,313 mt. The 2008 pollock 
TAC in Statistical Area 630 in the GOA was set at 17,995 mt. The 2008 
pollock TAC in the West Yakutat District was set at 1,694 mt.
    In December 2007, the Council recommended a 2008 pollock TAC of 
60,180 mt for the GOA. The Council recommended the following 
apportionments by area for the 2008 pollock TAC: 17,602 mt for 
Statistical Area 610, 19,181 mt for Statistical Area 620, 13,640 mt for 
Statistical Area 630, and 1,517 mt for the West Yakutat District. These 
amounts are less than the pollock TACs as established by the 2007 and 
2008 harvest specification for groundfish in the GOA (72 FR 9676, March 
5, 2007). The TACs recommended by the Council are 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 pollock fishery 
and are listed as endangered under the Endangered Species Act (ESA). 
Pollock is a principal prey species for Steller sea lions in the GOA. 
The seasonal apportionment of pollock 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)(5)(iv) specifies how the pollock 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 pollock TACs are incorrectly specified. Consequently, the Regional 
Administrator is adjusting the 2008 pollock TAC to 60,180 mt in the 
GOA. The Regional Administrator is also adjusting the 2008 pollock TAC 
to 17,602 mt in Statistical Area 610, to 19,181 mt in Statistical Area 
620, to 13,640 mt in Statistical Area 630, and to 1,517 mt in the West 
Yakutat District.
    Pursuant to Sec.  679.20(a)(5)(iv), Tables 2, 6, 14, and 17 of the 
2007 and 2008 final harvest specifications for groundfish in the GOA 
(72 FR 9676, March 5, 2007) are revised for the 2008 pollock TACs 
consistent with this adjustment. Pursuant to Sec.  679.92(b), Table 17 
of the 2008 final harvest specifications for groundfish in the GOA (72 
FR 71802, December 19, 2007) is revised for the 2008 annual pollock 
TACs in the GOA consistent with this adjustment.
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Classification

    This action responds to the best available information recently 
obtainedfrom 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 
pollock 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 Stellersea 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 4, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 08-63 Filed 1-7-08; 2:11 pm]
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