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 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 679
[Docket No. 070213032-7032-01]
RIN 0648-XE80
 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effective date of the  2008  and  2009 final  harvest specifications for GOA groundfish, unless otherwise modified or  superceded   through   publication   of   a   notification  in  the 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 allocationInshore (90%)
Offshore (10%)Western
19,449
17,504
1,945A season (60%)

11,669
10,502
1,167B            season (40%)

7,780
7,002
778Central
28,426
25,583
2,843A season (60%)

17,056
15,350
1,706B season (40%)

11,370
10,233
1,137Eastern
2,394
2,155
239( print page 1555)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