[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superceded through publication of a notification in the Federal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:
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 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)
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Component
allocation
Season Regulatory TAC ------------------
area Inshore Offshore
(90%) (10%)
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Western 19,449 17,504 1,945
A season (60%) .............. 11,669 10,502 1,167
B season (40%) .............. 7,780 7,002 778
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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
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Eastern 2,394 2,155 239
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[[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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