Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2009 Gulf of Alaska Pollock and Pacific cod Total Allowable Catch Amounts, 233-235 [E8-31363]

Download as PDF Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Rules and Regulations revised commercial quota for each state involved. (c) Area 8 (Undesignated Waters): Service Lake Superior Six-Hour Period .................... Docking or Undocking .......... § 401.420 $536 509 [Amended] 5. In § 401.420— a. In paragraph (a), remove the number ‘‘$93’’ and add, in its place, the number ‘‘$102’’; and remove the number ‘‘$1,459’’ and add, in its place, the number ‘‘$1,604’’. ■ b. In paragraph (b), remove the number ‘‘$93’’ and add, in its place, the number ‘‘$102’’; and remove the number ‘‘$1,459’’ and add, in its place, the number ‘‘$1,604’’. ■ c. In paragraph (c)(1), remove the number ‘‘$552’’ and add, in its place, the number ‘‘$606’’. ■ d. In paragraph (c)(3), remove the number ‘‘$93’’ and add, in its place, the number ‘‘$102’’; and remove the number ‘‘$1,459’’ and add, in its place, the number ‘‘$1,604’’. ■ ■ § 401.428 [Amended] 6. In § 401.428, remove the number ‘‘$562’’ and add, in its place, the number ‘‘$618’’. ■ Dated: December 23, 2008. Brian M. Salerno, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, Security and Stewardship. [FR Doc. E8–31341 Filed 1–2–09; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 071030625–7696–02] RIN 0648–XM32 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason quota transfer. NMFS announces that the State of North Carolina is transferring commercial summer flounder quota to the Commonwealth of Virginia from its 2008 quota. By this action, NMFS adjusts the quotas and announces the SUMMARY: VerDate Aug<31>2005 13:23 Jan 02, 2009 Jkt 217001 233 DEPARTMENT OF COMMERCE DATES: National Oceanic and Atmospheric Administration FOR FURTHER INFORMATION CONTACT: 50 CFR Part 679 Emily Bryant, Fishery Management Specialist, (978) 281–9244, FAX (978) 281–9135. [Docket No. 071106671–8010–02] SUPPLEMENTARY INFORMATION: Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2009 Gulf of Alaska Pollock and Pacific cod Total Allowable Catch Amounts Effective December 30, 2008 through December 31, 2008. Regulations governing the summer flounder fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.100. The final rule implementing Amendment 5 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which was published on December 17, 1993 (58 FR 65936), provided a mechanism for summer flounder quota to be transferred from one state to another. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine summer flounder commercial quota under § 648.100(d). The Regional Administrator is required to consider the criteria set forth in§ 648.100(d)(3) in the evaluation of requests for quota transfers or combinations. North Carolina has agreed to transfer 4,777 lb (2,167 kg) of its 2008 commercial quota to Virginia to cover the summer flounder landings of two North Carolina vessels granted safe harbor in Virginia due to mechanical issues that occurred on the vessels between December 15 and December 16, 2008. The Regional Administrator has determined that the criteria set forth in§ 648.100(d)(3) have been met. The revised quotas for calendar year 2008 are: North Carolina, 2,525,702 lb (1,145,639 kg); and Virginia, 2,019,988 lb (916,251 kg). Classification This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: December 30, 2008. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–31317 Filed 12–30–08; 4:15 pm] BILLING CODE 3510–22–S PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 RIN 0648–XM48 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 (TAC) amounts for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified. This action will ensure the GOA pollock and Pacific cod TACs do not exceed the appropriate amounts based on the best available scientific information for pollock and 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 5, 2009, until the effective date of the final 2009 and 2010 harvest specifications for GOA groundfish, unless otherwise modified or superseded 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 20, 2009. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by 0648–XM48, 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 E:\FR\FM\05JAR1.SGM 05JAR1 234 Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Rules and Regulations 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: Obren Davis, 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 and 2009 harvest specifications for groundfish in the GOA (73 FR 10562, February 27, 2008) set the 2009 pollock TAC at 78,170 mt and the 2009 Pacific cod TAC at 50,269 metric tons (mt) in the GOA. In December 2008, the Council recommended a 2009 pollock TAC of 49,900 mt for the GOA, which is less than the 78,170 mt established by the 2008 and 2009 GOA harvest specifications. The Council also recommended a 2009 Pacific cod TAC of 41,807 mt for the GOA, which is less than the 50,269 mt established by the 2008 and 2009 harvest specifications for groundfish in the GOA. The Council’s recommended TACs are based on the Stock Assessment and Fishery Evaluation report (SAFE), dated November 2008, which NMFS has determined is the best available scientific information for these fisheries. Steller sea lions occur in the same location as the pollock and Pacific cod fisheries and are listed as endangered under the Endangered Species Act (ESA). Pollock and Pacific cod are a principal prey species for Steller sea lions in the GOA. The seasonal apportionment of pollock and 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)(5)(iv) specify how the pollock TAC will be apportioned. The regulations at § 679.20(a)(6)(ii) and § 679.20(a)(12)(i) specify 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 2008 SAFE report for this fishery, the current GOA pollock and Pacific cod TACs are incorrectly specified. Consequently, pursuant to § 679.25(a)(1)(iii), the Regional Administrator is adjusting the 2009 GOA pollock TAC to 49,900 mt and the 2009 GOA Pacific cod TAC to 41,807 mt. Pursuant to § 679.20(a)(5)(iv), Table 6 of the final 2008 and 2009 harvest specifications for groundfish in the GOA (73 FR 10562, February 27, 2008) is revised for the 2009 pollock TACs in the Western, Central, and Eastern GOA consistent with this adjustment. TABLE 6—FINAL 2009 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS OF THE GULF OF ALASKA; SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC (Values are rounded to the nearest metric ton) Shumagin (Area 610) Season Chirikof (Area 620) Total1 Kodiak (Area 630) A 3,234 (32.01%) 4,365 (43.21%) 2,503 (24.78%) 10,102 (100%) B 3,233 (32.01%) 5,413 (53.59%) 1,455 (14.90%) 10,101 (100%) C 4,391 (43.47%) 2,160 (21.38%) 3,550 (35.15%) 10,101 (100%) D 4,391 (43.47%) 2,160 (21.38%) 3,550 (35.15%) 10,101 (100%) Annual Total 15,249 14,098 11,058 40,405 1The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table. Note: As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in this table. Pursuant to § 679.20(a)(6)(ii) and § 679.20(a)(12)(i), Table 7 of the final 2008 and 2009 harvest specifications for groundfish in the GOA (73 FR 10562, February 27, 2008) is revised for the 2009 Pacific cod TACs in the Western, Central, and Eastern GOA consistent with this adjustment. TABLE 7 – FINAL 2009 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%) Western 16,175 9,705 6,470 23,641 14,185 9,456 1,991 A season (60%) B season (40%) Central A season (60%) B season (40%) Eastern VerDate Aug<31>2005 13:23 Jan 02, 2009 Jkt 217001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 Offshore (10%) 14,558 8,735 5,823 21,277 12,767 8,510 1,792 1,617 970 647 2,364 1,418 946 199 E:\FR\FM\05JAR1.SGM 05JAR1 235 Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Rules and Regulations TABLE 7 – FINAL 2009 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 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 VerDate Aug<31>2005 13:23 Jan 02, 2009 Jkt 217001 37,627 41,807 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, 2008, 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 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 Offshore (10%) 4,180 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 20, 2009. 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 30, 2008. Alan D. Risenhoover Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–31363 Filed 1–2–09; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\05JAR1.SGM 05JAR1

Agencies

[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Rules and Regulations]
[Pages 233-235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31363]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XM48


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2009 Gulf of Alaska Pollock and Pacific cod Total 
Allowable Catch Amounts

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 2009 total allowable catch (TAC) amounts 
for the Gulf of Alaska (GOA) pollock and Pacific cod fisheries. This 
action is necessary because NMFS has determined these TACs are 
incorrectly specified. This action will ensure the GOA pollock and 
Pacific cod TACs do not exceed the appropriate amounts based on the 
best available scientific information for pollock and 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 5, 2009, 
until the effective date of the final 2009 and 2010 harvest 
specifications for GOA groundfish, unless otherwise modified or 
superseded 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 20, 2009.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by 0648-
XM48, 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

[[Page 234]]

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: Obren Davis, 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 and 2009 harvest specifications for groundfish in the GOA 
(73 FR 10562, February 27, 2008) set the 2009 pollock TAC at 78,170 mt 
and the 2009 Pacific cod TAC at 50,269 metric tons (mt) in the GOA. In 
December 2008, the Council recommended a 2009 pollock TAC of 49,900 mt 
for the GOA, which is less than the 78,170 mt established by the 2008 
and 2009 GOA harvest specifications. The Council also recommended a 
2009 Pacific cod TAC of 41,807 mt for the GOA, which is less than the 
50,269 mt established by the 2008 and 2009 harvest specifications for 
groundfish in the GOA. The Council's recommended TACs are based on the 
Stock Assessment and Fishery Evaluation report (SAFE), dated November 
2008, which NMFS has determined is the best available scientific 
information for these fisheries.
    Steller sea lions occur in the same location as the pollock and 
Pacific cod fisheries and are listed as endangered under the Endangered 
Species Act (ESA). Pollock and Pacific cod are a principal prey species 
for Steller sea lions in the GOA. The seasonal apportionment of pollock 
and 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)(5)(iv) specify how the pollock TAC will be apportioned. The 
regulations at Sec.  679.20(a)(6)(ii) and Sec.  679.20(a)(12)(i) 
specify 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 2008 SAFE report for this fishery, the current 
GOA pollock and Pacific cod TACs are incorrectly specified. 
Consequently, pursuant to Sec.  679.25(a)(1)(iii), the Regional 
Administrator is adjusting the 2009 GOA pollock TAC to 49,900 mt and 
the 2009 GOA Pacific cod TAC to 41,807 mt.
    Pursuant to Sec.  679.20(a)(5)(iv), Table 6 of the final 2008 and 
2009 harvest specifications for groundfish in the GOA (73 FR 10562, 
February 27, 2008) is revised for the 2009 pollock TACs in the Western, 
Central, and Eastern GOA consistent with this adjustment.

 Table 6--Final 2009 Distribution of Pollock in the Central and Western
 Regulatory Areas of the Gulf of Alaska; Seasonal Biomass Distribution,
       Area Apportionments; and Seasonal Allowances of Annual TAC
             (Values are rounded to the nearest metric ton)
 
                     Shumagin       Chirikof      Kodiak      Total\1\
                    (Area 610)     (Area 620)   (Area 630)
     Season
 
 
A                 3,234   (32.01  4,365  (43.2  2,50  (24.  10,10  (100%
                           %)             1%)    3     78%   2      )
                                                       )
B                 3,233   (32.01  5,413  (53.5  1,45  (14.  10,10  (100%
                           %)             9%)    5     90%   1      )
                                                       )
C                 4,391   (43.47  2,160  (21.3  3,55  (35.  10,10  (100%
                           %)             8%)    0     15%   1      )
                                                       )
D                 4,391   (43.47  2,160  (21.3  3,55  (35.  10,10  (100%
                           %)             8%)    0     15%   1      )
                                                       )
Annual Total          15,249
                      14,098
                      11,058
                      40,405
 
\1\The West Yakutat and Southeast Outside District pollock TACs are not
  allocated by season and are not included in the total pollock TACs
  shown in this table.
Note: As established by Sec.   679.23(d)(2)(i) through (iv), the A, B,
  C, and D season allowances are available from January 20 to March 10,
  March 10 to May 31, August 25 to October 1, and October 1 to November
  1, respectively. The amounts of pollock for processing by the inshore
  and offshore components are not shown in this table.

    Pursuant to Sec.  679.20(a)(6)(ii) and Sec.  679.20(a)(12)(i), 
Table 7 of the final 2008 and 2009 harvest specifications for 
groundfish in the GOA (73 FR 10562, February 27, 2008) is revised for 
the 2009 Pacific cod TACs in the Western, Central, and Eastern GOA 
consistent with this adjustment.

 Table 7 - Final 2009 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      16,175    14,558    1,617
A season (60%)                 ...........  9,705     8,735     970
B season (40%)                 ...........  6,470     5,823     647
                               Central      23,641    21,277    2,364
A season (60%)                 ...........  14,185    12,767    1,418
B season (40%)                 ...........  9,456     8,510     946
                               Eastern      1,991     1,792     199
                              -------------

[[Page 235]]

 
                               Total        41,807    37,627    4,180
------------------------------------------------------------------------

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, 2008, 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 20, 
2009.
    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 30, 2008.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-31363 Filed 1-2-09; 8:45 am]
BILLING CODE 3510-22-S