ACTION:
Temporary rule; inseason adjustment; request forcomments.
SUMMARY:
NMFS is adjusting the 2008 total allowable catch(TAC) amounts for the Gulf of Alaska (GOA) Pacific cod fishery. This actionis necessary because NMFS has determined this TAC is incorrectly specified.This action will ensure the GOA Pacific cod TAC does not exceed theappropriate amount based on the best available scientific information forPacific cod in the GOA. This action is consistent with the goals andobjectives of the Fishery Management Plan for Groundfish of the Gulf ofAlaska Management Area (FMP).
DATES:
Effective 1200 hrs, Alaska local time (A.l.t.), January 4, 2008, until the effective date of the 2008 and 2009final harvest specifications for GOA groundfish, unless otherwise modifiedor superceded through publication of a notification in the Federal Register .
Comments must be received at the following address no later than 4:30p.m., A.l.t., January 22, 2008.
ADDRESSES:
You may submit comments, identified by RIN0648-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 9thStreet, Room 420A, Juneau, Alaska
• Electronic Submissions: Submit all electronic publiccomments 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 andwill 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 publiclyaccessible. Do not submit Confidential Business Information or otherwisesensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic commentswill be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF fileformats only.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan,907-586-7228.
SUPPLEMENTARY INFORMATION:
NMFS manages thegroundfish fishery in the GOA exclusive economic zone according to the FMPprepared by the North Pacific Fishery Management Council (Council) underauthority of the Magnuson-Stevens Fishery Conservation and Management Act.Regulations governing fishing by U.S. vessels in accordance with the FMPappear 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 FR9676, March 5, 2007).
In December 2007, the Council recommended a 2008 Pacific cod TAC of50,269 mt for the GOA. This amount is less than the 54,194 mt establishedby the 2007 and 2008 harvest specification for groundfish in the GOA (72 FR9676, March 5, 2007). The TAC recommended by the Council is based on theStock Assessment and Fishery Evaluation report (SAFE), dated November 2007,which NMFS has determined is the best available scientific information forthis fishery.
Steller sea lions occur in the same location as the Pacific cod fisheryand 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 ensurethe groundfish fisheries are not likely to cause jeopardy of extinction oradverse modification of critical habitat for Steller sea lions. Theregulations at § 679.20(a)(6)(ii) and§ 679.20(a)(12)(i) specifies how the Pacific cod TAC shall beapportioned.
In accordance with § 679.25(a)(2)(i)(B), the Administrator,Alaska Region, NMFS (Regional Administrator), has determined that, based onthe November 2007 SAFE report for this fishery, the current GOA Pacific codTAC is incorrectly specified. Consequently, the Regional Administrator isadjusting 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 harvestspecifications for groundfish in the GOA (72 FR 9676, March 5, 2007) isrevised for the 2008 Pacific cod TACs in the Western, Central, and EasternGOA consistent with this adjustment.
Table 8—Final 2008 Seasonal Apportionments and Allocation of Pacific cod TAC Amounts in the Gulf of Alaska; Allocations for Processingby the Inshore and Offshore Components
(values are rounded to the nearest metric ton)
Season
Regulatory area
TAC
Component allocation
Inshore (90%)
Offshore (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
Total
50,269
45,242
5,027
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 andopportunity for public comment pursuant to the authority set forth at 5U.S.C. 553(b)(B) as such requirement is impracticable and contrary to thepublic interest. This requirement is impracticable and contrary to thepublic interest as it would prevent NMFS from responding to the most recentfisheries data in a timely fashion and would allow for harvests that exceedthe appropriate allocations for Pacific cod based on the best scientificinformation available. NMFS was unable to publish a notice providing timefor public comment because the most recent, relevant data only becameavailable as of December 13, 2007, and additional time for prior publiccomment 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 effectivedate of this action under 5 U.S.C. 553(d)(3). This finding is based uponthe reasons provided above for waiver of prior notice and opportunity forpublic comment.
Under § 679.25(c)(2), interested persons are invited tosubmit written comments on this action to the above address until January 22, 2008.
This action is required by § 679.22 and § 679.25and 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 MarineFisheries Service.
[FR Doc. 08-37 Filed 1-4-08; 1:38 pm]
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