Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2008 Gulf of Alaska Pacific Cod Total Allowable Catch Amount, 1554-1555 [08-37]
Download as PDF
<![CDATA[
1554
*
*
Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations
*
*
*
Dated: December 14, 2007.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 08–6 Filed 1–8–08; 8:45 am]
BILLING CODE 4310–55–C
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment; request for comments.
AGENCY:
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
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.
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 https://
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 https://
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
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)
Component allocation
Season
Regulatory area
TAC
Inshore (90%)
Offshore (10%)
Western
19,449
11,669
7,780
17,504
10,502
7,002
1,945
1,167
778
Central
28,426
17,056
11,370
25,583
15,350
10,233
2,843
1,706
1,137
Eastern
2,394
2,155
239
pwalker on PROD1PC71 with NOTICES
A season (60%)
B season (40%)
A season (60%)
B season (40%)
VerDate Aug<31>2005
17:21 Jan 08, 2008
Jkt 214001
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
E:\FR\FM\09JAR1.SGM
09JAR1
Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Rules and Regulations
1555
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—Continued
(values are rounded to the nearest metric ton)
Component allocation
Season
Regulatory area
TAC
Inshore (90%)
Total
50,269
Classification
DEPARTMENT OF COMMERCE
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.
National Oceanic and Atmospheric
Administration
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]
pwalker on PROD1PC71 with NOTICES
BILLING CODE 3510–22–S
VerDate Aug<31>2005
17:21 Jan 08, 2008
Jkt 214001
50 CFR Part 679
[Docket No. 070213032–7032–01]
RIN 0648–XE81
Fisheries of the Exclusive Economic
Zone Off Alaska; Chiniak Gully
Research Area for Vessels Using Trawl
Gear
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS is rescinding the trawl
closure in the Chiniak Gully Research
Area. This action is necessary to allow
vessels using trawl gear to participate in
directed fishing for groundfish in the
Chiniak Gully Research Area.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 1, 2008, through
1200 hrs, A.l.t., September 20, 2008.
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 Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens 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 Chiniak Gully Research Area is
closed to vessels using trawl gear from
August 1 to a date no later than
September 20 under regulations at
§ 679.22(b)(6)(ii)(A). This closure is in
support of a research project to evaluate
SUMMARY:
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
Offshore (10%)
45,242
5,027
the effects of commercial fishing on
pollock distribution and abundance, as
part of a comprehensive investigation of
Stellar sea lion and commercial fishery
interactions.
The regulations at § 679.22(b)(6)(ii)(B)
provide that the Regional Administrator,
Alaska Region, NMFS, (Regional
Administrator) shall rescind the trawl
closure if relevant research activities
will not be conducted. The Regional
Administrator has determined that
research activities will not be conducted
in 2008 in the Chiniak Gully Research
Area. Therefore, the Regional
Administrator is rescinding the trawl
closure of the Chiniak Gully Research
Area. All other closures remain in full
force and effect.
Classification
Pursuant to 5 U.S.C. 553 (b)(B), the
Assistant Administrator for Fisheries,
NOAA (AA) finds good cause to waive
prior notice and an opportunity for
public comment on this action, as notice
and comment is unnecessary. Notice
and comment is unnecessary because
the rescission of the trawl closure is
non-discretionary; pursuant to
§ 679.22(b)(6)(ii)(B), the Regional
Administrator has no choice but to
rescind the trawl closure once it is
determined that research activities will
not be conducted in the area.
Pursuant to 5 U.S.C. 553(d)(1), this
rule is not subject to the 30–day delay
in effective date requirement of 5 U.S.C.
553(d) since the rule relieves a
restriction.
This action has been determined to be
not significant for purposes of 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. E8–172 Filed 1–8–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\09JAR1.SGM
09JAR1
]]>Agencies
[Federal Register Volume 73, Number 6 (Wednesday, January 9, 2008)]
[Rules and Regulations]
[Pages 1554-1555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-37]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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)
------------------------------------------------------------------------
Component
allocation
Season Regulatory TAC ------------------
area Inshore Offshore
(90%) (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
------------------------------------------------------------------------
[[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 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]
BILLING CODE 3510-22-S
