[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Rules and Regulations]
[Pages 71802-71827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6100]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XD68


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; 2008 Final Harvest Specifications for Groundfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; closures.

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SUMMARY: NMFS announces revisions to the 2008 final harvest 
specifications and prohibited species catch (PSC) allowances for the 
groundfish fisheries of the Bering Sea and Aleutian Islands management 
area (BSAI) and Gulf of Alaska (GOA) that are required under the final 
rules implementing Amendments 80 and 85 to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(FMP). This action is necessary to establish harvest limits for 
groundfish at the beginning of the 2008 fishing year consistent with 
the new allocations for Amendments 80 and 85 and to accomplish the 
goals and objectives of the FMP. The intended effect of this action is 
to conserve and manage the groundfish resources in the BSAI and in the 
GOA in accordance with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: The 2008 final harvest specifications and associated 
apportionment of reserves are effective at 0001 hrs, Alaska local time 
(A.l.t.), January 1, 2008, until the effective date of the 2008 and 
2009 final harvest specifications for BSAI and GOA groundfish, which 
will be published in the Federal Register.

ADDRESSES: Copies of the Final Alaska Groundfish Harvest Specifications 
Environmental Impact Statement (EIS) and Record of Decision (ROD) and 
the Final Regulatory Flexibility Analyses (FRFAs) prepared for the 2008 
harvest specifications and Amendments 80 and 85 to the FMP are 
available on the Alaska Region website at http://www.fakr.noaa.gov. 
Printed copies can be obtained from the Alaska Region, NMFS, P.O. Box 
21668, Juneau, AK 99802, Attn: Ellen Sebastian. Copies of the 2006 
Stock Assessment and Fishery Evaluation (SAFE) report for the 
groundfish resources of the BSAI, dated November 2006, are available 
from the North Pacific Fishery Management Council, 605 West 4th Avenue, 
Suite 306, Anchorage, AK 99510-2252, 907-271-2809, or from its website 
at http://www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 
implement the FMP and govern the groundfish fisheries in the BSAI. The 
North Pacific Fishery Management Council (Council) prepared the FMP, 
and NMFS approved it under the Magnuson-Stevens Act. General 
regulations governing U.S. fisheries also appear at 50 CFR part 600.
    The final rule implementing Amendment 80 to the BSAI FMP was 
published in the Federal Register on September 14, 2007 (72 FR 52668). 
Amendment 80 to the FMP allocates total allowable catch (TAC) of 
specified groundfish species (Amendment 80 species) and halibut and 
crab prohibited species catch (PSC) limits among several BSAI non-
pollock trawl groundfish fisheries fishing sectors, and facilitates the 
formation of harvesting cooperatives in the non-American Fisheries Act 
(non-AFA) trawl catcher/processor sector. The Amendment 80 species are 
Atka mackerel, flathead sole, Pacific cod, rock sole, yellowfin sole, 
and Aleutian Islands Pacific ocean perch. In order to limit the ability 
of participants eligible for the Amendment 80 program to expand their 
harvest efforts in the GOA, Amendment 80 establishes groundfish and 
halibut PSC catch limits for Amendment 80 program participants in the 
GOA.
    The final rule implementing Amendment 85 to the BSAI FMP was 
published in the Federal Register on September 4, 2007 (72 FR 50788). 
Amendment 85 revises the current allocations of BSAI Pacific cod TAC 
among various harvest sectors and seasonal apportionments. Also, 
Amendment 85 apportions the halibut PSC allowance annually specified 
for the hook-and-line Pacific cod fishery between the hook-and-line 
catcher processor and catcher vessel sectors.
    With this final rule NMFS modifies those sections of the text and 
the tables in the 2008 final harvest specifications for groundfish in 
the BSAI (72 FR 9451, March 2, 2007) and for groundfish in the GOA (72 
FR 9676, March 5, 2007) that change under the final rules implementing 
Amendments 80 and 85. This includes Tables 1, 2, 4, 5, 7, 9, 10, 11, 
12, 13, 14, and 15 from the final 2008 harvest specifications for the 
BSAI which may be viewed at the website http://www.fakr.noaa.gov/frules/72fr9451.pdf. This final rule uses the same table numbers that 
were used in the 2008 final harvest specifications. This action also 
adds a new Table 16 for BSAI flathead sole, rock sole, yellowfin sole, 
and Aleutian Islands Pacific ocean perch allocations required by 
Amendment 80. For the GOA, this final rule adds text and Tables 17 and 
18 to establish sideboard limits in the Gulf of Alaska for the 
Amendment 80 vessels. This final rule is necessary to ensure that 
allocations will be in effect for Amendments 80 and 85 participants at 
the beginning of the 2008 fishing year. These allocations also will be 
incorporated in future rulemaking supporting the annual harvest 
specification process for the Alaska groundfish fisheries.

Revisions to 2008 Final Harvest Specifications for the BSAI

Table 1.

    The 2008 final TACs for the BSAI are within the optimum yield range 
established for the BSAI and do not exceed the acceptable biological 
catch (ABC) for any single species or complex. Table 1 of the 2008 
final harvest specifications (72 FR 9454) lists the 2008 final OFL, 
ABC, TAC, initial total allowable catch (ITAC), and CDQ groundfish 
reserve amounts for BSAI groundfish. This action does not change

[[Page 71803]]

the 2008 OFL, ABC, TAC, or CDQ groundfish reserve amounts. However, the 
final rules implementing Amendments 80 and 85 modified the percentage 
of TAC for the directed fisheries species that are allocated to the 
Community Development Quota (CDQ) program, per statutory requirements. 
This action does not need to revise these CDQ reserve amounts because 
the 2008 final harvest specifications (72 FR 9451, March 2, 2007) used 
the same percentage of TAC.
    As explained in the proposed and final rules for Amendment 80, 
catch in the CDQ fisheries of species in TAC categories that are not 
allocated to the CDQ program will be managed under the statutory and 
regulatory provisions for the non-CDQ groundfish fisheries. Retention 
of species closed to directed fishing will either be limited to maximum 
retainable amounts or all catch of the species will be required to be 
discarded. Notices of closures to directed fishing and retention 
requirements for these species will apply to the CDQ and non-CDQ 
sectors. The catch of species not allocated to the CDQ program in the 
CDQ fisheries will not constrain the catch of other CDQ species unless 
catch by all sectors approached an overfishing level (OFL). This action 
changes Table 1 by increasing the 2008 ITAC amounts for the Amendment 
80 species from 85 percent to 89.3 percent of their respective TACs. 
The revised Table 1 below replaces Table 1 in the final harvest 
specifications (72 FR 9454). The apportionment of TAC amounts among 
fisheries and seasons is discussed below.
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Non-specified Reserves, CDQ Reserves and the Incidental Catch Allowance 
(ICA) for Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Sablefish, 
Yellowfin Sole, and Aleutian Islands

Pacific Ocean Perch

    Amendment 80 fully allocates the TACs for Amendment 80 species 
between the ITAC (89.3 percent) and CDQ reserves (10.7 percent). 
Therefore, this action changes the amount of the Amendment 80 species 
allocated to the non-specified reserves from 7.5 percent to 0 percent. 
Also, for species allocated to the CDQ program, except pollock and the 
portion of the sablefish TAC allocated to the hook-and-line and pot 
gear, Amendment 80 increases the CDQ reserves from 7.5 percent to 10.7 
percent. Therefore, this action changes the amount of arrowtooth 
flounder and Bering Sea Greenland turbot allocated to the non-specified 
reserves from 7.5 percent to 4.3 percent. This action also establishes 
ICAs for Atka mackerel, flathead sole, rock sole, yellowfin sole, and 
Aleutian Islands Pacific ocean perch, since Amendment 80 fully 
allocates these species to the BSAI trawl limited access and Amendment 
80 sectors.
    Section 679.20(b)(1)(i) requires the placement of 15 percent of the 
TAC for each target species or ``other species'' category, except for 
pollock, the hook-and-line and pot gear allocation of sablefish, and 
the Amendment 80 species, in a non-specified reserve. Section 
679.20(b)(1)(ii)(B) requires that 20 percent of the hook-and-line and 
pot gear allocation of sablefish be allocated to the fixed gear 
sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires the 
allocation of 7.5 percent of the trawl gear allocations of sablefish 
and 10.7 percent of the Bering Sea Greenland turbot and arrowtooth 
flounder TACs to the respective CDQ reserves. Section 
679.20(b)(1)(ii)(C) requires the allocations of 10.7 percent of the 
TACs for Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin 
sole, rock sole, flathead sole, and Pacific cod to the CDQ reserves. 
Sections 679.20(a)(5)(iii)(B)(2)(i), 679.20(b)(1)(i)(A), and 679.31(a) 
also require the allocation of 10 percent of the BSAI pollock TACs to 
the pollock CDQ directed fishing allowance (DFA). The entire Bogoslof 
District pollock TAC is allocated as an ICA (see Sec. Sec.  
679.20(a)(5)(ii)). With the exception of the hook-and-line and pot gear 
sablefish CDQ reserve, the regulations do not further apportion the CDQ 
allocations by gear. Section 679.21(e)(3)(i)(A) requires withholding of 
7.5 percent of the Chinook salmon PSC limit, 10.7 percent of the crab 
and non-Chinook salmon PSC limits, and 343 metric tons (mt) of halibut 
PSC as PSQ reserves for the CDQ fisheries. Sections 679.30 and 679.31 
set forth regulations governing the management of the CDQ and PSQ 
reserves.
    Pursuant to Sec.  679.20(a)(5)(i)(A)(1), NMFS allocates a pollock 
ICA of 2.8 percent of the Bering Sea subarea pollock TAC after 
subtraction of the 10 percent CDQ reserve. This allowance is unchanged 
from the final 2008 harvest specifications for the BSAI (72 FR 9451, 
March 2, 2007).
    Pursuant to Sec.  679.20(a)(8) and (10), NMFS allocates new ICAs of 
2,000 mt of flathead sole, 2,000 mt of rock sole, 2,000 mt of yellowfin 
sole, 10 mt each of Western and Central Aleutian District Pacific ocean 
perch and Atka mackerel, 100 mt of Eastern Aleutian District Pacific 
ocean perch, and 1,400 mt of Eastern Aleutian District and Bering Sea 
subarea Atka mackerel TACs after subtraction of the 10.7 percent CDQ 
reserve. These allowances are based on NMFS' examination of the 
incidental catch in other target fisheries from 2003 through 2006.
    Pursuant to Sec.  679.20(b)(1)(i), Amendment 80 species are no 
longer put into a non-specified reserve. Therefore, this action removes 
from Table 2 the Amendment 80 species (Pacific cod, Atka mackerel and 
Pacific ocean perch) that were supplemented from the non-specified 
reserve in Table 2 of the final 2008 harvest specifications (72 FR 
9455). The regulations do not designate the remainder of the non-
specified reserve by species or species group. Any amount of the 
reserve may be apportioned to a target species or to the ``other 
species'' category during the year, provided that such apportionments 
do not result in overfishing (see Sec.  679.20(b)(1)(ii)). The Regional 
Administrator has determined that the ITACs specified for the species 
listed in Table 2 need to be supplemented from the non-specified 
reserve because U.S. fishing vessels have demonstrated the capacity to 
catch the full TAC allocations. Therefore, in accordance with Sec.  
679.20(b)(3), NMFS is apportioning the amounts shown in Table 2 from 
the non-specified reserve to increase the ITAC for northern rockfish, 
shortraker rockfish, rougheye rockfish, and Bering Sea ``other 
rockfish'' by 7.5 percent of the TAC. The revised Table 2 below 
replaces Table 2 in the final harvest specifications (72 FR 9455).
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Allocation of the Atka Mackerel TAC

    Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after 
subtracting first the CDQ reserves, second the ICAs for the BSAI trawl 
limited access sector and non-trawl gear, and third the jig gear 
allocation, to the Amendment 80 and BSAI trawl limited access sectors. 
The allocation of the ITAC for Atka mackerel to the Amendment 80 and 
BSAI trawl limited access sectors is established in Table 33 to part 
679 and Sec.  679.91.
    Pursuant to Sec.  679.20(a)(8)(i), up to 2 percent of the Eastern 
Aleutian District and Bering Sea subarea Atka mackerel ITAC may be 
allocated to jig gear. The amount of this allocation is determined

[[Page 71806]]

annually by the Council based on several criteria, including the 
anticipated harvest capacity of the jig gear fleet. For 2008, the 
Council recommended, and NMFS approved, a 1 percent allocation of the 
Atka mackerel ITAC in the Eastern Aleutian District and Bering Sea 
subarea to jig gear. Based on the 2008 TAC of 17,600 mt the 2008 jig 
gear allocation is revised to 143 mt.
    Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into 
two equal seasonal allowances. The first seasonal allowance is made 
available for directed fishing from January 1 (January 20 for trawl 
gear) to April 15 (A season), and the second seasonal allowance is made 
available from September 1 to November 1 (B season; Table 4). The jig 
gear allocation is not apportioned by season.
    Pursuant to Sec.  679.20(a)(8)(ii)(C)(1), the Regional 
Administrator will establish a harvest limit area (HLA) limit of no 
more than 60 percent of the seasonal TAC for the Central (Area 542) and 
Western (Area 543) Aleutian Districts. NMFS will establish HLA limits 
for the CDQ reserve and each of the three non-CDQ fishery categories: 
the BSAI trawl limited access sector; the Amendment 80 limited access 
sector; and an aggregate HLA limit applicable to all Amendment 80 
cooperatives. NMFS will assign vessels in each of those three non-CDQ 
sectors that apply to fish for Atka mackerel in the HLA to an HLA 
fishery based on a random lottery for each sector of the vessels that 
apply (see Sec.  679.20(a)(8)(iii)).
    Each trawl sector will have a separate lottery. A maximum of two 
HLA fisheries will be established in Area 542 for the BSAI trawl 
limited access sector. In Area 543, there is no allocation of Atka 
mackerel or HLA fishery for the BSAI trawl limited access sector. 
Therefore, the lottery for the BSAI trawl limited access sector will 
not include Area 543. A maximum of four HLA fisheries will be 
established for vessels assigned to Amendment 80 cooperatives, a first 
and second HLA fishery in Area 542, and a first and second HLA fishery 
in Area 543. A maximum of four HLA fisheries will be established for 
vessels assigned to the Amendment 80 limited access fishery, a first 
and second HLA fishery in Area 542, and a first and second HLA fishery 
in Area 543. NMFS will initially open fishing in the HLA for the first 
HLA fishery in all three trawl sectors at the same time. The initial 
opening of fishing in the HLA will be based on the first directed 
fishing closure of Atka mackerel in the Eastern Aleutian District and 
Bering Sea subarea for any one of the three trawl sectors allocated 
Atka mackerel TAC. This action changes the Atka mackerel allocations by 
subtracting the amount for the ICA. This reduces the amount of Atka 
mackerel available for the jig gear allocation in the Eastern Aleutian 
District and Bering Sea subarea. This action also adds the allocations 
to three sectors: BSAI trawl limited access, Amendment 80 limited 
access, and Amendment 80 cooperatives. The revised Table 4 below 
replaces Table 4 in the final harvest specifications (72 FR 9457).
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Allocation of the Pacific cod TAC

    This action changes the Pacific cod allocations in Table 5 by 
increasing the hook-and-line and pot catcher vessels less than 60 ft 
(18.3 m) length overall (LOA), hook-and-line catcher/processors, and 
pot catcher vessels greater than or equal to 60 ft (18.3 m) LOA 
allocations and decreasing pot catcher/processors, jig gear, trawl 
catcher vessels, and trawl catcher/processors. Also, the trawl catcher/
processor allocation is separated into allocations for the AFA trawl 
catcher/processors and non-AFA trawl catcher/processors. Amendment 80 
further allocates the non-AFA trawl catcher/processor allocation 
between the Amendment 80 limited access and cooperatives. Table 5 also 
revises the seasonal allowances of Pacific cod to various sectors.
    Section 679.20(a)(7)(i) and (ii) allocates the Pacific cod TAC in 
the BSAI, after subtraction of 10.7 percent for the CDQ reserve, as 
follows: 1.4 percent to vessels using jig gear, 2.0 percent to hook-
and-line and pot catcher vessels less than 60 ft (18.3 m) length 
overall (LOA), 0.2 percent to hook-and-line catcher vessels greater 
than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line 
catcher/processors, 8.4 percent to pot catcher vessels greater than or 
equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/processors, 2.3 
percent to American Fisheries Act (AFA) trawl catcher/processors, 13.4 
percent to non-AFA trawl catcher/processors, and 22.1 percent to trawl 
catcher vessels. The ICA for the hook-and-line and pot sectors will be 
deducted from the aggregate portion of Pacific cod TAC allocated to the 
hook-and-line and pot sectors. For 2008, the Regional Administrator 
establishes an ICA of 500 mt based on anticipated incidental catch by 
these sectors in other fisheries. This allowance is unchanged from the 
final 2008 harvest specifications for the BSAI (72 FR 9458, March 2, 
2007). The allocation of the ITAC for Pacific cod to the Amendment 80 
sector is established in Table 33 to part 679 and Sec.  679.91.
    Sections 679.20(a)(7) and 679.23(e)(5) apportion seasonal 
allowances of the Pacific cod ITAC to disperse the Pacific cod 
fisheries over the fishing year. In accordance with Sec.  
679.20(a)(7)(iv)(B) and (C), any unused portion of a seasonal Pacific 
cod allowance will become available at the beginning of the next 
seasonal allowance.
    Sections 679.20(a)(7)(i)(B) and 679.23(e)(5) establish the CDQ 
season allowances based on gear. For most hook-and-line catcher/
processors and hook-and-line catcher vessels greater than or equal to 
60 ft (18.3 m) LOA harvesting CDQ Pacific cod, the first seasonal 
allowance of 60 percent of the ITAC is available for directed fishing 
from January 1 to June 10, and the second seasonal allowance of 40 
percent of the ITAC is available from June 10 to December 31. No 
seasonal harvest constraints are imposed on the CDQ Pacific cod fishery 
for pot gear or hook-and-line catcher vessels less than 60 feet (18.3 
m) LOA. For vessels harvesting CDQ Pacific cod with trawl gear the 
first season allowance of 60 percent of the ITAC is available January 
20 to April 1. The second season, April 1 to June 10, and the third 
season, June 10 to November 1, are each allocated 20 percent of the 
ITAC. The CDQ Pacific cod trawl catcher vessel allocation is further 
allocated as 70 percent in the first season, 10 percent in the second 
season, and 20 percent in the third season. The CDQ Pacific cod trawl 
catcher/processor allocation is 50 percent in the first season, 30 
percent in the second season, and 20 percent in the third season. For 
jig gear, the first and third seasonal allowances are each allocated 40 
percent of the ITAC and the second seasonal allowance is allocated 20 
percent of the ITAC.
    Sections 679.20(a)(7)(iv)(A) and 679.23(e)(5) apportion the non-CDQ 
season allowances by gear as follows. For hook-and-line and pot 
catcher/processors and hook-and-line and pot catcher vessels greater 
than or equal to 60 ft (18.3 m) LOA, the first seasonal allowance of 51 
percent of the ITAC is available for directed fishing from January 1 to 
June 10, and the second seasonal allowance of 49 percent of the ITAC is 
available from June 10 (September 1 for pot gear) to December 31. No 
seasonal harvest constraints are imposed on the Pacific cod fishery for 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear. For trawl gear, the first season is January 20 to April 1, 
the second season is April 1 to June 10, and the third season is June 
10 to November 1. The trawl catcher vessel allocation is further 
allocated as 74 percent in the first season, 11 percent in the second 
season, and 15 percent in the third season. The trawl catcher/processor 
allocation is allocated 75 percent in the first season, 25 percent in 
the second season, and zero percent in the third season. For jig gear, 
the first seasonal allowance is allocated 60 percent of the ITAC and 
the second and third seasonal allowances are each allocated 20 percent 
of the ITAC. Table 5 lists the new 2008 allocations and seasonal 
apportionments of the Pacific cod TAC. The revised Table 5 below 
replaces Table 5 in the final harvest specifications (72 FR 9458).
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Allocation of PSC Limits for Halibut, Salmon, Crab, and Herring

    Amendment 80 reduces the allocations of halibut, non-Chinook 
salmon, and crab PSC limits that may be taken while non-AFA trawl 
catcher/processors are groundfish fishing in the BSAI. Amendment 80 
increases the non-Chinook salmon and crab allocated to the CDQ program 
as prohibited species quota (PSQ) reserve increases from 7.5 percent to 
10.7 percent and increases the percentage of halibut PSQ allocated to 
the CDQ program. Amendment 85 divides the halibut PSC allowance 
annually specified for the hook-and-line Pacific cod fishery between 
two fishery sectors: the hook-and-line catcher/processor sector and the 
hook-and-line catcher vessel sector.
    Amendment 80 also adjusts the maximum limit for red king crab 
bycatch in the red king crab savings subarea. This action incorporates 
these allocation changes in Tables 7a-e below. Tables 7a-e do not 
change the PSC limits that were established in the original harvest 
specifications for 2008.
    Section 679.21(e) sets forth the BSAI PSC limits. Sections 
679.21(e)(1)(iv) and (e)(2) establish the 2008 BSAI halibut mortality 
limits as 3,675 mt for trawl fisheries and 900 mt for the non-trawl 
fisheries. Section 679.21(e)(3)(i) allocates 276 mt of the trawl 
halibut mortality limit and Sec.  679.21(e)(4)(i)(A) allocates 7.5 
percent, or 67 mt, of the non-trawl halibut mortality limit as the PSQ 
reserve for use by the groundfish CDQ program. Section 679.21(e)(1)(vi) 
specifies 29,000 fish as the 2008 Chinook salmon PSC limit for the 
Bering Sea subarea pollock fishery. Section 679.21(e)(3)(i)(A)(3)(i) 
allocates 7.5 percent, or 2,175 Chinook salmon, as the Bering Sea 
subarea PSQ reserve for the CDQ program and allocates the remaining 
26,825 Chinook salmon to the non-CDQ fisheries. Section

[[Page 71810]]

679.21(e)(1)(viii) specifies 700 fish as the 2008 Chinook salmon PSC 
limit for the AI subarea pollock fishery. Section 
679.21(e)(3)(i)(A)(3)(i) allocates 7.5 percent, or 53 Chinook salmon, 
as the AI subarea PSQ reserve for the CDQ program and allocates the 
remaining 647 Chinook salmon to the non-CDQ fisheries. Section 
679.21(e)(1)(vii) specifies 42,000 fish as the 2008 non-Chinook salmon 
PSC limit for the BSAI. Section 679.21(e)(3)(i)(A)(3)(ii) allocates 
10.7 percent, or 4,494 non-Chinook salmon, as the PSQ reserve for the 
CDQ program and allocates the remaining 37,506 non-Chinook salmon to 
the non-CDQ fisheries.
    PSC limits for crab and herring are specified annually based on 
abundance and spawning biomass. Pursuant to Sec.  
679.21(e)(3)(i)(A)(1), 10.7 percent of each PSC limit specified for 
crab is allocated as a PSQ reserve for use by the groundfish CDQ 
program.
    The red king crab mature female abundance is estimated from the 
2006 survey data at 29.7 million red king crabs and the effective 
spawning biomass is estimated as 157 million pounds (71,215 mt). Based 
on the criteria set out at Sec.  679.21(e)(1)(ii), the 2008 PSC limit 
of red king crab in Zone 1 for trawl gear is 197,000 animals. This 
limit results from the mature female abundance estimate of more than 
8.4 million king crab and the effective spawning biomass estimate of 
more than 55 million pounds (24,948 mt).
    Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which 
NMFS must specify an annual red king crab bycatch limit for the Red 
King Crab Savings Subarea (RKCSS). The regulations implementing 
Amendment 80 limit the RKCSS to up to 25 percent of the red king crab 
PSC allowance. Prior to Amendment 80, regulations limited the RKCSS to 
up to 35 percent of the trawl bycatch allowance specified for the rock 
sole/flathead sole/``other flatfish'' fishery category. In December 
2006, for 2007 and 2008 the Council recommended and NMFS approved a red 
king crab bycatch limit equal to 35 percent of the trawl bycatch 
allowance specified for the rock sole/flathead sole/``other flatfish'' 
fishery category within the RKCSS. Since this was the maximum limit 
available for the RKCSS, under the regulations implementing Amendment 
80 NMFS is also setting the 2008 red king crab bycatch limit at the 
maximum amount available for the RKCSS, or 25 percent of the red king 
crab PSC allowance.
    Based on 2006 survey data, Tanner crab (Chionoecetes bairdi) 
abundance is estimated as 866 million animals. Given the criteria set 
out at Sec.  679.21(e)(1)(iii), the 2008 C. bairdi crab PSC limit for 
trawl gear is 980,000 animals in Zone 1 and 2,970,000 animals in Zone 
2. These limits result from the C. bairdi crab abundance estimate of 
more than 400 million animals.
    Pursuant to Sec.  679.21(e)(1)(iv), the PSC limit for snow crab (C. 
opilio) is based on total abundance as indicated by the NMFS annual 
bottom trawl survey. The C. opilio crab PSC limit is set at 0.1133 
percent of the Bering Sea abundance index. Based on the 2006 survey 
estimate of 3.25 billion animals, the calculated limit is 4,350,000 
animals.
    Pursuant to Sec.  679.21(e)(1)(vi), the PSC limit of Pacific 
herring caught while conducting any trawl operation for BSAI groundfish 
is 1 percent of the annual eastern Bering Sea herring biomass. The best 
estimate of 2008 herring biomass is 178,652 mt. This amount was derived 
using 2006 survey data and an age-structured biomass projection model 
developed by the Alaska Department of Fish and Game. Therefore, the 
herring PSC limit for 2008 is 1,787 mt for all trawl gear.
    Section 679.21(e)(3) requires, after subtraction of PSQ reserves, 
that crab and halibut trawl PSC be apportioned between the BSAI trawl 
limited access and Amendment 80 sectors as presented in Table 7a. The 
amount of 2008 PSC assigned to the Amendment 80 sector is specified in 
Table 35 to part 679. Pursuant to Sec.  679.21(e)(1)(iv) and Sec.  
679.91(d) through (f), crab and halibut trawl PSC assigned to the 
Amendment 80 sector is then sub-allocated to Amendment 80 cooperatives 
as PSC cooperative quota (CQ) and to the Amendment 80 limited access 
fishery as presented in Tables 7d and e. PSC CQ assigned to Amendment 
80 cooperatives is not allocated to specific fishery categories. 
Section 679.21(e)(3)(i)(B) requires the apportionment of each trawl PSC 
limit not assigned to Amendment 80 cooperatives into PSC bycatch 
allowances for seven specified fishery categories. NMFS used the 
percentages from the trawl apportionments in Table 7 of the 2007 and 
2008 final harvest specifications for the BSAI (72 FR 9460) to derive 
the fishery category and seasonal apportionments for the BSAI trawl 
limited assess sector in Table 7c and the Amendment 80 limited access 
sector in Table 7e, below.
    Section 679.21(e)(4)(i)(B) requires the apportionment of halibut to 
the non-trawl fishery categories based on each category's proportional 
share of the anticipated bycatch mortality of halibut during a fishing 
year and the need to optimize the amount of total groundfish harvested 
under the non-trawl halibut PSC limits. Section 679.21(e)(4)(i)(C) 
authorizes the apportionment of the non-trawl halibut PSC limit into 
PSC bycatch allowances among six fishery categories. Table 7c lists the 
fishery bycatch allowances for the trawl and non-trawl fisheries.
    Section 679.21(e)(4)(ii) authorizes the exemption of specified non-
trawl fisheries from the halibut PSC limit. As in past years, NMFS, 
after consultation with the Council, exempts pot gear, jig gear, and 
the sablefish IFQ hook-and-line gear fishery categories from halibut 
bycatch restrictions because (1) the pot gear fisheries have low 
halibut bycatch mortality, (2) halibut mortality for the jig gear fleet 
is assumed to be negligible, and (3) the sablefish and halibut IFQ 
fisheries have low halibut bycatch mortality because the IFQ program 
(subpart D of 50 CFR part 679) requires legal-sized halibut to be 
retained by vessels using hook-and-line gear if a halibut IFQ permit 
holder or a hired master is aboard and is holding unused halibut IFQ. 
In 2006, total groundfish catch for the pot gear fishery in the BSAI 
was approximately 19,721 mt, with an associated halibut bycatch 
mortality of about 5 mt. The 2006 jig gear fishery harvested about 84 
mt of groundfish. Most vessels in the jig gear fleet are less than 60 
ft (18.3 m) LOA and thus are exempt from observer coverage 
requirements. As a result, observer data are not available on halibut 
bycatch in the jig gear fishery. However, a negligible amount of 
halibut bycatch mortality is assumed because of the selective nature of 
jig gear and the low mortality rate of halibut caught with jig gear and 
released.
    Section 679.21(e)(5) authorizes NMFS, after consultation with the 
Council, to establish seasonal apportionments of PSC amounts in order 
to maximize the ability of the fleet to harvest the available 
groundfish TAC and to minimize bycatch. The factors to be considered 
are (1) seasonal distribution of prohibited species, (2) seasonal 
distribution of target groundfish species, (3) PSC bycatch needs on a 
seasonal basis relevant to prohibited species biomass, (4) expected 
variations in bycatch rates throughout the year, (5) expected start of 
fishing effort, and (6) economic effects of seasonal PSC apportionments 
on industry sectors. The Council recommended and NMFS approved the 
seasonal PSC apportionments in Table 7c to maximize harvest among gear 
types, fisheries, and seasons while minimizing bycatch of PSC based on 
the above criteria. The revised Tables 7a-e

[[Page 71811]]

replace Table 7 in the final harvest specifications (72 FR 9460).
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Directed Fishing Closures

    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator may establish a directed fishing allowance (DFA) for a 
species or species group, if the Regional Administrator determines that 
any allocation or apportionment of a target species or ``other 
species'' category has been or will be reached. If the Regional 
Administrator establishes a DFA, and that allowance is or will be 
reached before the end of the fishing year, NMFS will prohibit directed 
fishing for that species or species group in the specified subarea or 
district (see Sec.  697.20(d)(1)(iii)). Similarly, pursuant to Sec.  
679.21(e), if the Regional Administrator determines that a fishery 
category's bycatch allowance of halibut, red king crab, C. bairdi crab 
or C. opilio crab for a specified area has been reached, the Regional 
Administrator will prohibit directed fishing for each species in that 
category in the specified area.
    The Regional Administrator has determined that the allocation 
amounts in revised Table 9, below, will be necessary as incidental 
catch to support other anticipated groundfish fisheries for 2008 
fishing year. This action changes Table 9 by adding the ICAs for the 
Amendment 80 species. This revised Table 9 replaces Table 9 in the 
final harvest specifications (72 FR 9461).
    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator establishes the DFA for the species listed in revised 
Table 9 as zero. Therefore, in accordance with Sec.  679.20(d)(1)(iii), 
NMFS is prohibiting directed fishing for these species in the specified 
areas effective at 1200 hrs, A.l.t., December 19, 2007, through 2400 
hrs, A.l.t., December 31, 2008.
    These closures remain effective under authority of these 2008 final 
harvest specifications. These closures supersede the 2008 closures 
announced under authority of the 2007 and 2008 final harvest 
specifications (72 FR 9451). While these closures are in effect, the 
maximum retainable amounts at Sec.  679.20(e) and (f) apply at any time 
during a fishing trip.
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Listed AFA Catcher/Processor Sideboard Limits

    Pursuant to Sec.  679.64(a), the Regional Administrator restricts 
the ability of listed AFA catcher/processors to engage in directed 
fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA and from fishery cooperatives in the directed 
pollock fishery. The basis for these sideboard limits is described in 
detail in the final rules implementing major provisions of the AFA (67 
FR 79692, December 30, 2002), Amendment 80 (72 FR 52668, September 14, 
2007), and Amendment 85 (72 FR 50788, September 4, 2007). Table 10 
lists the 2008 catcher/processor sideboard limits. This action changes 
Table 10 by removing the Pacific cod and yellowfin sole sideboard 
limits. A sideboard limit is not necessary for AFA catcher/processors 
since Amendment 85 allocated Pacific cod specifically to the AFA 
catcher/

[[Page 71816]]

processor sector. Section 679.64(b)(6) exempts AFA catcher processors 
from a yellowfin sole sideboard limit because the 2008 aggregate ITAC 
of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl 
limited access sector (131,950 mt) is greater than 125,000 mt. Also, 
this action changes Table 10 by increasing the sideboard limits for 
flathead sole and rock sole because the ITAC for these species 
increases from 85 percent to 89.3 percent of the TAC. The sideboard 
limits for Aleutian Islands Pacific ocean perch and Atka mackerel 
remain the same because the ITAC is specified as 89.3 percent under 
revised Table 1 for 2008 final harvest specifications. The revised 
Table 10 below replaces Table 10 in the final harvest specifications 
(72 FR 9463).
    All harvests of groundfish sideboard species made by listed AFA 
catcher/processors, whether as targeted catch or incidental catch, will 
be deducted from the sideboard limits in the revised Table 10. However, 
groundfish sideboard species that are delivered to listed catcher/
processors by catcher vessels will not be deducted from the 2008 
sideboard limits for the listed catcher/processors.
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    In the original 2008 harvest specifications, AFA catcher/processor 
halibut PSC sideboard limits are calculated based on a proportion of 
the

[[Page 71818]]

halibut PSC available to all trawl vessels. Amendment 80 fixes the 
halibut PSC sideboard limits for AFA catcher/processors at the levels 
established in the 2006 and 2007 final harvest specifications (71 FR 
10894, March 3, 2006) and listed in Table 40 to part 679 in the 
proposed regulatory text.
    In the original 2008 harvest specifications, the amount of trawl 
crab PSC available to AFA catcher/processors is based on the total crab 
PSC limit, prior to any allocations to the CDQ reserves. Amendment 80 
changes the amount of crab PSC available for AFA catcher/processor 
sideboard limit calculations to the amount of the trawl PSC limit 
available after allocation to the CDQ reserves as crab PSQ. Table 41 to 
part 679 shows the results of this change.
    The basis for these sideboard limits is described in detail in the 
final rules implementing major provisions of the AFA (67 FR 79692, 
December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). 
The revised Table 11 below replaces Table 11 in the final harvest 
specifications (72 FR 9463-9464).
    Halibut and crab PSC listed in revised Table 11 that are caught by 
listed AFA catcher/processors participating in any groundfish fishery 
other than pollock will accrue against the 2008 PSC sideboard limits 
for the listed AFA catcher/processors. Section 679.21(e)(3)(v) 
authorizes NMFS to close directed fishing for groundfish other than 
pollock for listed AFA catcher/processors once a 2008 PSC sideboard 
limit listed in revised Table 11 is reached.
    Crab or halibut PSC caught by listed AFA catcher/processors while 
fishing for pollock will accrue against the bycatch allowances annually 
specified for either the midwater pollock or the pollock/Atka mackerel/
``other species'' fishery categories under regulations at Sec.  
679.21(e)(3)(iv).
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AFA Catcher Vessel Sideboard Limits

    Pursuant to Sec.  679.64(b), the Regional Administrator restricts 
the ability of AFA catcher vessels to engage in directed fishing for 
groundfish species other than pollock to protect participants in other 
groundfish fisheries from adverse effects resulting from the AFA and 
from fishery cooperatives in the directed pollock fishery. Section 
679.64(b) establishes a formula for setting AFA catcher vessel 
groundfish and PSC sideboard limits for the BSAI. The basis for these 
sideboard limits is described in detail in the final rules implementing 
major provisions of the AFA (67 FR 79692, December 30, 2002) and 
Amendment 80 (72 FR 52668, September 14, 2007). Tables 12 and 13 list 
the 2008 AFA catcher vessel sideboard limits.
    This action changes Table 12 by removing the yellowfin sole 
sideboard limit. Section 679.64(b)(6) exempts AFA catcher vessels from 
a yellowfin sole sideboard limit because the 2008 aggregate ITAC of 
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl 
limited access sector (131,950 mt) is greater than 125,000 mt. Also, 
this action changes Table 12 by increasing the sideboard limits for 
flathead sole and rock sole because the ITAC for these species 
increases from 85 percent to 89.3 percent of the TAC. The sideboard 
limits for Aleutian Islands Pacific ocean perch and Atka mackerel 
remain the same because the ITAC was specified as 89.3 percent under 
revised Table 1 for 2008 final harvest specifications. The revised 
Table 12 below replaces Table 12 in the final harvest specifications 
(72 FR 9464-9465).
    All harvests of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or incidental catch, will be 
deducted from the sideboard limits listed in revised Table 12.
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    In the original 2008 harvest specifications, AFA catcher vessel 
halibut PSC sideboard limits are calculated based on a proportion of 
the halibut PSC available to all trawl vessels. Amendment 80 fixed the 
halibut PSC sideboard limits for AFA catcher vessels in each fishery 
complex in the BSAI at the levels established in the 2006 and 2007 
final harvest specifications (71 FR 10894, March 3, 2006) and listed in 
Table 40 to part 679.
    In the original 2008 harvest specifications, the AFA catcher vessel 
crab sideboard calculation is dependent on the distribution of trawl 
crab PSC among the target fishery categories, and the AFA catcher 
vessel sideboard limit cannot be calculated until those amounts are 
determined in the annual harvest specification process. This action 
changes the AFA catcher vessel crab sideboard limit under Amendment 80. 
It calculates the proportion of the total trawl crab PSC limit 
attributed to AFA catcher vessels as the sum of the AFA catcher vessel 
PSC sideboard limits for each crab PSC species in all target fisheries 
divided by the sum of the total trawl PSC limit for that crab PSC 
species as described in the annual harvest specification process in 
each year. Table 41 to part 679 shows the results of this change. The 
revised Table 3 below replaces Table 13 in the final harvest 
specifications (72 FR 9465-9466).
    Halibut and crab PSC listed in revised Table 13 that are caught by 
AFA catcher vessels participating in any groundfish fishery for 
groundfish other than pollock will accrue against the 2008 PSC 
sideboard limits for the AFA catcher vessels. Sections 679.21(d)(8) and 
(e)(3)(v) authorize NMFS to close directed fishing for groundfish other 
than pollock for AFA catcher vessels once a 2008 PSC sideboard limit 
listed in revised Table 13 is reached. The PSC that is caught by AFA 
catcher vessels while fishing for pollock in the BSAI will accrue 
against the bycatch allowances annually specified for either the 
midwater pollock or the pollock/Atka mackerel/``other species'' fishery 
categories under regulations at Sec.  679.21(e)(3)(iv).
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AFA Catcher/Processor and Catcher Vessel Sideboard Directed Fishing 
Closures

    The Regional Administrator has determined that many of the AFA 
catcher/processor and catcher vessel sideboard limits listed in Tables 
14 and 15 are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2008 fishing year. In 
accordance with Sec.  679.20(d)(1)(iv), the Regional Administrator 
establishes the sideboard limits listed in Tables 14 and 15 as DFAs. 
The Regional Administrator finds that many of these DFAs will be 
reached before the end of the year. Therefore, in accordance with Sec.  
679.20(d)(1)(iii), NMFS is prohibiting directed fishing by listed AFA 
catcher/processors for the species in the specified areas set out in 
Table 14 and directed fishing by non-exempt AFA catcher vessels for the 
species in the specified areas set out in Table 15. This action changes 
Table 14 by increasing the 2008 sideboard limit for rock sole from 
2,359 mt to 2,478 mt. The 2008 rock sole sideboard limit increased for 
Amendment 80 species because the allocation to the ITAC increased from 
85 percent to 89.3 percent. Also, this action adds flathead sole to 
Table 14 because flathead sole is fully allocated to the non-AFA trawl 
catcher/processors. This action changes Table 15 by increasing the 2008 
sideboard limit for flathead sole from 1,932 mt to 2,029 mt. The 2008 
flathead sole sideboard limit increased for Amendment 80 species 
because the allocation to the ITAC increased from 85 percent to 89.3 
percent. Also, this action adds rock sole to Table 14 because rock sole 
is fully allocated to the non-AFA trawl catcher/processors. The revised 
Tables 14 and 15 below replace Tables 14 and 15 in the final harvest 
specifications (72 FR 9467).
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Allocation of the Aleutian Islands Pacific Ocean Perch, Flathead Sole, 
Rock Sole, and Yellowfin Sole TACs

    This action changes the allocations of the flathead sole, rock 
sole, yellowfin sole, and Aleutian Islands Pacific ocean perch TACs in 
the BSAI after subtraction of 10.7 percent for the CDQ reserve by 
further allocating amounts to ICAs, BSAI trawl limited access, 
Amendment 80 limited access, and Amendment 80 cooperatives. The 
allocation of the ITAC for flathead sole, rock sole, yellowfin sole, 
and Aleutian Islands Pacific ocean perch is established in accordance 
with Sec. Sec.  679.20(a)(10)(i) and (ii), Sec.  679.91, and Tables 33 
and 34 to part 679. Table 16 below lists the 2008 allocations and 
seasonal apportionments of the flathead sole, rock sole, yellowfin 
sole, and Aleutian Islands Pacific ocean perch TACs. This Table 16 is 
added to the final harvest specifications.
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Revisions to the 2008 Final Harvest Specifications for the GOA

GOA Amendment 80 Vessel Groundfish Harvest and PSC Limits

    Section 679.92 establishes groundfish harvesting sideboard limits 
on all Amendment 80 vessels to amounts no greater than the limits shown 
in Table 37 to part 679. Sideboard limits in the GOA are for pollock in 
the Western and Central Regulatory Areas and in the West Yakutat 
District, Pacific cod gulfwide, Pacific ocean perch and pelagic shelf 
rockfish in the Western Regulatory Area and West Yakutat District, and 
northern rockfish in the Western Regulatory Area. These sideboard 
limits are necessary to protect the interests of fishermen who do not 
directly benefit from vessels who receive exclusive harvesting 
privileges under the Amendment 80 program unless fishing in the limited 
access or cooperative sectors in the Central GOA Rockfish Program 
(Rockfish program). Groundfish sideboard limits for Amendment 80 
vessels operating in the GOA are based on their average aggregate 
harvests from 1998 to 2004.
    The harvest of Pacific ocean perch, pelagic shelf rockfish, and 
northern rockfish in the Central Regulatory Area of the GOA is subject 
to regulation under the Rockfish program. Amendment 80 vessels not 
qualified under the Rockfish program are excluded from directed fishing 
for these rockfish species in the Central GOA. Under the Amendment 80 
program the F/V Golden Fleece is prohibited from directed fishing for 
pollock, Pacific cod, Pacific ocean perch, pelagic shelf rockfish, and 
northern rockfish in the GOA unless fishing in the Central GOA in the 
limited access or cooperative sectors in the Rockfish program.
    Table 17 below lists the 2008 GOA sideboard limits. All targeted or 
incidental catch of sideboard species made by Amendment 80 vessels will 
be deducted from the sideboard limits in Table 17. Table 17 is added to 
the final 2008 harvest specifications for groundfish of the Gulf of 
Alaska (72 FR 9676, March 5, 2007).
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    The PSC sideboard limits for Amendment 80 vessels in the GOA are 
based on the historic use of halibut PSC by Amendment 80 vessels in 
each PSC target category from 1998 through 2004 (Table 38 to 50 CFR 
part 679). These values are slightly lower than the average historic 
use to accommodate two factors: allocation of halibut PSC CQ under the 
Central GOA Rockfish Program; and the exemption of the F/V GOLDEN 
FLEECE from this restriction. Table 18 below lists these amounts. Table 
18 is added to the final harvest specifications for groundfish of the 
Gulf of Alaska (72 FR 9676, March 5, 2007).
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Small Entity Compliance Guide

    The following information is a plain language guide to assist small 
entities in complying with this final rule as required by the Small 
Business Regulatory Enforcement Fairness Act of 1996. This final rule 
is necessary to revise 2008 final harvest specifications and prohibited 
species catch limits for the groundfish fishery of the BSAI so that 
these amounts are consistent with new fishery allocations and 
limitations established under Amendments 80 and 85. This action affects 
all fishermen who participate in the BSAI fishery. The specific amounts 
of OFL, ABC, TAC, and PSC amounts and allocations thereof, are provided 
in tabular form to assist the reader. NMFS will announce closures of 
directed fishing in the Federal Register and in information bulletins 
released by the Alaska Region. Affected fishermen should keep 
themselves informed of such closures.

Classification

    NMFS determined that the BSAI and GOA FMPs are necessary for the 
conservation and management of the Alaska groundfish fisheries and that 
they are consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    This action is authorized under Sec.  679.20 and is exempt from 
review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA) finds good cause to waive prior notice and 
opportunity for public comment on this action as notice and comment is 
unnecessary. Through this action, NOAA seeks to revise the 2008 BSAI 
and GOA harvest specifications consistent with the final rules 
implementing Amendments 80 and 85 and to ensure that the groundfish and 
PSC allocations and limits implemented under Amendments 80 and 85 will 
be effective at the beginning of the 2008 fishing year. Prior notice 
and opportunity for public comment on this action is unnecessary 
because the revisions being made by this action seek merely to update 
the 2008 BSAI and GOA harvest specifications to reflect allocations and 
limitations implemented and required by Amendments 80 and 85 and which 
have already been subject to notice and comment. This action does not 
revise the 2008 BSAI and GOA harvest specifications in any substantive 
manner not previously the subject of notice and comment during the 
development of Amendments 80 and 85.
    The AA also finds good cause to waive the 30-day delay in the 
effective date requirement of 5 U.S.C. 553(d). The waiver of the 30-day 
delay in effective date requirement of 5 U.S.C. 553(d) is necessary to 
ensure that the allocations and limitations required under Amendments 
80 and 85 will be effective at the beginning of the 2008 fishing year 
and to provide the regulated community with the timely, adequate and 
accurate information necessary to allow the industry to plan for the 
fishing season, to conduct orderly and efficient fisheries and to avoid 
potential disruption to the fishing fleet and processors. This rule 
must be effective on January 1, 2008, because vessels affected by the 
changes in this final rule will begin fishing immediately after the 
start of the calendar year when the value from several of these 
groundfish fisheries, such as rock sole and yellowfin sole, is the 
highest. If this action is not effective at the start of the fishing 
year, some vessels would be able to harvest groundfish in amounts that 
exceed allocations that will be implemented under Amendments 80 and 85, 
thereby reducing allocations of groundfish intended for other vessels 
and undermining the intent of Amendments 80 and 85. The economic value 
of the fisheries for intended recipients under Amendments 80 and 85 
would be lost.
    NMFS prepared a Final EIS for the harvest strategy implemented by 
the annual harvest specifications and made it available to the public 
on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS issued the 
Record of Decision (ROD) for the Final EIS. Copies of the Final EIS and 
ROD for this action are available (see ADDRESSES).
    Three separate final regulatory flexibility analyses (FRFAs) were 
prepared to evaluate the impacts on small entities resulting from (1) 
alternative harvest strategies employed in establishing the 2008 
harvest specifications (2) alternatives considered during the 
development and

[[Page 71827]]

approval of Amendment 85, and (3) alternatives considered during the 
development and approval of Amendment 80. All three of these FRFAs met 
the statutory requirements of the Regulatory Flexibility Act (RFA) of 
1980, as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (5 U.S.C. 601-612). A summary of each FRFA was published 
with its relevant final rule and is not repeated here. The summary of 
the FRFA supporting the final 2008 final harvest specifications was 
published March 2, 2007 (72 FR 9451) and March 5, 2007 (72 FR 9676); 
the summary of the FRFA supporting Amendment 85 to the FMP was 
published September 4, 2007 (72 FR 50788), and the summary of the FRFA 
supporting Amendment 80 to the FMP was published September 14, 2007 (72 
FR 52668).

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., 3631 et seq.; 
Pub. L. 108 447.

    Dated: December 13, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 07-6100 Filed 12-18-07; 8:45 am]
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