Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2009 Bering Sea Pollock Total Allowable Catch Amount, 38-40 [E8-31224]

Download as PDF 38 Federal Register / Vol. 74, No. 1 / Friday, January 2, 2009 / Rules and Regulations rmajette on PRODPC74 with RULES reviewed information regarding stock status. This stock status information was not available when the Council deliberated 2009 TAL options in August, nor was the information available when NMFS published the proposed rule in October. The DPWG concluded its work in early December. As previously stated in the preamble, when final DPWG reports regarding stock are available in early 2009, NMFS may take additional action to modify the 2009 scup specifications implemented by this final rule. The Alternative 1 TAL for summer flounder is sufficiently riskaverse, providing a high probability that the rebuilding F rate and an even higher probability that the overfishing threshold (F35 percent ) will not be exceeded in 2009. Given the regulatory and statutory requirements, Alternative 1 minimizes, to the extent practicable, the economic impacts on small entities that participate in the summer flounder fishery. The black sea bass quota in Alternative 1 was selected because it is consistent with the TAL calculation methodology of the rebuilding plan and results in a measure that will adequately constrain harvest in 2009, and provide continued rebuilding of the overfished stock. The scup TAL contained in Alternative 3 provides the maximum harvest level analyzed by the Council and is consistent with the revised stock status information verbally endorsed for management advice by the DPWG peer review panel. In addition, the scup Alternative 3 TAL remains consistent with F rate contained in the Amendment 14 scup rebuilding plan, which remains effective until formal advice is conveyed in the final DPWG reports. The revenue decreases associated with the RSA program are expected to be minimal, and are expected to yield important benefits associated with improved fisheries data. It should also be noted that fish harvested under the RSA program would be sold, and the profits would be used to offset the costs of research. As such, total gross revenues to the industry will not decrease substantially, if at all, as a result of this final rule authorizing RSA for 2009. Small Entity Compliance Guide Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as ‘‘small entity compliance guides.’’ The agency shall VerDate Aug<31>2005 14:01 Dec 31, 2008 Jkt 217001 explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, a small entity compliance guide will be sent to all holders of Federal permits issued for the summer flounder, scup, and black sea bass fisheries. In addition, copies of this final rule and guide (i.e., permit holder letter) are available from NMFS (see ADDRESSES) and at the following Web site: http://www.nero.noaa.gov. Authority: 16 U.S.C. 1801 et seq. Dated: December 24, 2008. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. [FR Doc. E8–31236 Filed 12–31–08; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673–8011–02] RIN 0648–XM47 Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2009 Bering Sea Pollock 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 2009 total allowable catch amount (TAC) for the Bering Sea pollock fishery. This action is necessary because NMFS has determined this TAC is incorrectly specified. This action will ensure the Bering Sea pollock TAC does not exceed the appropriate amount based on the best available scientific information for pollock in the Bering Sea subarea. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 29, 2008, through 2400 hrs, A.l.t., December 31, 2009, 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., December 29, 2008. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by ‘‘RIN 0648– XM47,’’ by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at http://www.regulations.gov. • Mail: P. O. Box 21668, Juneau, AK 99802. • Fax: (907) 586–7557. • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. 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 (e.g., name, address) 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 (enter N/A in the required fields, if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document file (pdf) formats only. FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (BSAI) 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 2009 pollock TAC in the Bering Sea subarea was set at 1,000,000 metric tons (mt) by the 2008 and 2009 harvest specification for groundfish in the BSAI (73 FR 10160, February 26, 2008). In December 2008, the Council recommended a 2009 pollock TAC of 815,000 mt for the Bering Sea subarea. This amount is less than the 1,000,000 mt established by the final 2008 and 2009 harvest specification for groundfish in the BSAI (73 FR 10160, February 26, 2008). The TAC recommended by the Council is based on the Stock Assessment and Fishery Evaluation report (SAFE), dated November 2008, which NMFS has E:\FR\FM\02JAR1.SGM 02JAR1 39 Federal Register / Vol. 74, No. 1 / Friday, January 2, 2009 / Rules and Regulations 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 BSAI. 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)(i)(A) specify 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 2008 SAFE report for this fishery, the current Bering Sea pollock TAC is incorrectly specified. Consequently, the Regional Administrator is adjusting the 2009 pollock TAC to 815,000 mt in the Bering Sea subarea. Pursuant to § 679.20(a)(5), Table 3 of the final 2008 and 2009 harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008) is revised for the 2009 pollock TACs consistent with this adjustment. TABLE 3—2008 AND 2009 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)1 [Amounts are in metric tons] Area and sector Bering Sea subarea CDQ DFA ICA1 AFA Inshore AFA Catcher/Processors3 Catch by C/Ps Catch by CVs3 Unlisted C/P Limit4 AFA Motherships Excessive Harvesting Limit5 Excessive Processing Limit6 Total Bering Sea DFA Aleutian Islands subarea1 CDQ DFA ICA Aleut Corporation 2008 Allocations 2008 A season1 A season DFA 2008 B season1 SCA harvest limit2 B season DFA 2009 Allocations 2009 A season1 A season DFA 2009 B season1 SCA harvest limit2 B season DFA 1,000,000 100,000 31,500 434,250 347,400 317,871 29,529 1,737 86,850 151,988 260,550 868,500 n/a 40,000 n/a 173,700 138,960 127,148 11,812 695 34,740 n/a n/a 347,400 n/a 28,000 n/a 121,590 97,272 n/a n/a n/a 24,318 n/a n/a 243,180 n/a 60,000 n/a 260,550 208,440 190,723 17,717 1,042 52,110 n/a n/a 521,099 815,000 81,500 25,673 353,914 283,131 259,065 24,066 1,416 70,783 123,870 212,348 707,829 n/a 32,600 n/a 141,566 113,252 103,626 9,626 566 28,313 n/a n/a 283,130 n/a 22,820 n/a 99,096 79,277 n/a n/a n/a 19,819 n/a n/a 198,192 n/a 48,900 n/a 212,348 169,879 155,439 14,440 849 42,470 n/a n/a 424,697 19,000 1,900 1,600 15,500 n/a 760 800 15,500 n/a n/a n/a n/a n/a 1,140 800 0 19,000 1,900 1,600 15,500 n/a 760 800 15,500 n/a n/a n/a n/a n/a 1,140 800 0 10 n/a n/a n/a 10 n/a n/a n/a Bogoslof District ICA7 1Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA (10 percent) and the ICA (3.5 percent), is allocated as a DFA as follows: inshore sector – 50 percent, catcher/processor sector (C/P) – 40 percent, and mothership sector – 10 percent. In the Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20–June 10) and 60 percent of the DFA is allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery. 2In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If less than 28 percent of the annual DFA is taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1. 3Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/processors. 4Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/ processors sector’s allocation of pollock. 5Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non–CDQ pollock DFAs. 6Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non–CDQ pollock DFAs. 7The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are not apportioned by season or sector. rmajette on PRODPC74 with RULES 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 VerDate Aug<31>2005 14:01 Dec 31, 2008 Jkt 217001 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 19, 2007, and additional PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 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 E:\FR\FM\02JAR1.SGM 02JAR1 40 Federal Register / Vol. 74, No. 1 / Friday, January 2, 2009 / Rules and Regulations comments on this action to the above address until January 13, 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: December 24, 2008. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–31224 Filed 12–29–08; 4:15 pm] rmajette on PRODPC74 with RULES BILLING CODE 3510–22–S VerDate Aug<31>2005 14:01 Dec 31, 2008 Jkt 217001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\02JAR1.SGM 02JAR1

Agencies

[Federal Register Volume 74, Number 1 (Friday, January 2, 2009)]
[Rules and Regulations]
[Pages 38-40]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31224]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XM47


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2009 Bering Sea Pollock 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 2009 total allowable catch amount (TAC) 
for the Bering Sea pollock fishery. This action is necessary because 
NMFS has determined this TAC is incorrectly specified. This action will 
ensure the Bering Sea pollock TAC does not exceed the appropriate 
amount based on the best available scientific information for pollock 
in the Bering Sea subarea. This action is consistent with the goals and 
objectives of the Fishery Management Plan for Groundfish of the Bering 
Sea and Aleutian Islands Management Area (FMP).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 29, 
2008, through 2400 hrs, A.l.t., December 31, 2009, 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., December 29, 2008.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by ``RIN 
0648-XM47,'' by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://
www.regulations.gov.
     Mail: P. O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9\th\ 
Street, Room 420A, Juneau, AK.
    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 (e.g., name, address) 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 (enter N/A in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (BSAI) 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 2009 pollock TAC in the Bering Sea subarea was set at 1,000,000 
metric tons (mt) by the 2008 and 2009 harvest specification for 
groundfish in the BSAI (73 FR 10160, February 26, 2008).
    In December 2008, the Council recommended a 2009 pollock TAC of 
815,000 mt for the Bering Sea subarea. This amount is less than the 
1,000,000 mt established by the final 2008 and 2009 harvest 
specification for groundfish in the BSAI (73 FR 10160, February 26, 
2008). The TAC recommended by the Council is based on the Stock 
Assessment and Fishery Evaluation report (SAFE), dated November 2008, 
which NMFS has

[[Page 39]]

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 BSAI. 
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 Sec.  679.20(a)(5)(i)(A) specify how the pollock 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 2008 SAFE report for this fishery, the current 
Bering Sea pollock TAC is incorrectly specified. Consequently, the 
Regional Administrator is adjusting the 2009 pollock TAC to 815,000 mt 
in the Bering Sea subarea.
    Pursuant to Sec.  679.20(a)(5), Table 3 of the final 2008 and 2009 
harvest specifications for groundfish in the BSAI (73 FR 10160, 
February 26, 2008) is revised for the 2009 pollock TACs consistent with 
this adjustment.

        TABLE 3--2008 AND 2009 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)\1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      2008  A season\1\          2008  B                            2009  A season\1\         2009  B
                                     2008       ----------------------------    season\1\          2009       ----------------------------   season\1\
       Area and sector            Allocations      A season    SCA harvest  ----------------    Allocations      A season    SCA harvest  --------------
                                                     DFA         limit\2\     B season DFA                         DFA         limit\2\     B season DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea             1,000,000         n/a          n/a            n/a             815,000           n/a          n/a            n/a
 CDQ DFA                       100,000           40,000       28,000         60,000          81,500            32,600       22,820         48,900
 ICA\1\                        31,500            n/a          n/a            n/a             25,673            n/a          n/a            n/a
 AFA Inshore                   434,250           173,700      121,590        260,550         353,914           141,566      99,096         212,348
 AFA Catcher/Processors\3\     347,400           138,960      97,272         208,440         283,131           113,252      79,277         169,879
 Catch by C/Ps                 317,871           127,148      n/a            190,723         259,065           103,626      n/a            155,439
 Catch by CVs\3\               29,529            11,812       n/a            17,717          24,066            9,626        n/a            14,440
 Unlisted C/P Limit\4\         1,737             695          n/a            1,042           1,416             566          n/a            849
 AFA Motherships               86,850            34,740       24,318         52,110          70,783            28,313       19,819         42,470
 Excessive Harvesting          151,988           n/a          n/a            n/a             123,870           n/a          n/a            n/a
 Limit\5\
 Excessive Processing          260,550           n/a          n/a            n/a             212,348           n/a          n/a            n/a
 Limit\6\
Total Bering Sea DFA           868,500           347,400      243,180        521,099         707,829           283,130      198,192        424,697
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands subarea\1\    19,000            n/a          n/a            n/a             19,000            n/a          n/a            n/a
 CDQ DFA                       1,900             760          n/a            1,140           1,900             760          n/a            1,140
 ICA                           1,600             800          n/a            800             1,600             800          n/a            800
 Aleut Corporation             15,500            15,500       n/a            0               15,500            15,500       n/a            0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bogoslof District ICA\7\       10                n/a          n/a            n/a             10                n/a          n/a            n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Pursuant to Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA (10 percent) and the ICA (3.5 percent), is
  allocated as a DFA as follows: inshore sector - 50 percent, catcher/processor sector (C/P) - 40 percent, and mothership sector - 10 percent. In the
  Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season
  (June 10-November 1). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed
  fishing allowance (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea,
  the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
\2\In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of
  the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If less than 28 percent of the
  annual DFA is taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1.
\3\Pursuant to Sec.   679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
  only by eligible catcher vessels delivering to listed catcher/processors.
\4\Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
  processors sector's allocation of pollock.
\5\Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
  pollock DFAs.
\6\Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
  pollock DFAs.
\7\The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are
  not apportioned by season or sector.

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 19, 
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

[[Page 40]]

comments on this action to the above address until January 13, 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: December 24, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-31224 Filed 12-29-08; 4:15 pm]
BILLING CODE 3510-22-S