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]
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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
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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]
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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
https://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 https://www.regulations.gov
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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
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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
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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
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13:23 Jan 02, 2009
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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
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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
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]]>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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://
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 https://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
