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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - 50 CFR Part 679
          - [Docket No. 070213032-7032-01]
          - RIN 0648-XE84

# 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 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                               ( print page 1832)                            effective date of the 2008 and 2009 final harvest specifications for GOA  groundfish, unless otherwise modified or superceded  through  publication  of  a   notification   in   the                         **Federal Register**                        .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-XE84, 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 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 § 679.20(a)(5)(iv)  specifies  how  the  pollock  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  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 § 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 § 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.
      ( print page 1833)          ( print page 1834)          ( print page 1835)          ( print page 1836)          ( print page 1837)          ( print page 1838)          ( print page 1839)          ( print page 1840)          ( print page 1841)    

## 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  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  § 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 4, 2008.

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

BILLING CODE 3510-22-S

[FR Doc. 08-63 Filed 1-7-08; 2:11 pm]

BILLING CODE 3510-22-C