[Federal Register Volume 73, Number 3 (Friday, January 4, 2008)]
[Rules and Regulations]
[Pages 823-825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6309]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XE78


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2008 Bering Sea Pollock Total Allowable Catch Amount

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

ACTION: Temporary rule; inseason adjustment; request for comments.

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SUMMARY: NMFS is adjusting the 2008 total allowable catch amount (TAC) 
for the Bering Sea pollock fishery. This action is necessary because 
NMFS has determined this TAC is incorrectly specified. This action will 
ensure the Bering Sea pollock TAC does not exceed the appropriate 
amount based on the best available scientific information for pollock 
in the Bering Sea subarea. This action is consistent with the goals and 
objectives of the Fishery Management Plan for Groundfish of the Bering 
Sea and Aleutian Islands Management Area (FMP).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 31, 
2007, through 2400 hrs, A.l.t., December 31, 2008, unless otherwise 
modified or superceded through publication of a notification in the 
Federal Register.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., January 15, 2008.

ADDRESSES: You may submit comments, identified by ``RIN 0648-XE78,'' by 
any one of the following methods:
     Mail to: P.O. Box 21668, Juneau, AK 99802
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov
     FAX to 907-586-7557, Attn: Ellen Sebastian
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (BSAI) according to the FMP prepared by 
the North Pacific Fishery Management Council (Council) under authority 
of the Magnuson-Stevens Fishery Conservation and Management Act. 
Regulations governing fishing by U.S. vessels in accordance with the 
FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2008 pollock TAC in the Bering Sea subarea was set at 1,318,000 
metric tons (mt) by the 2007 and 2008 harvest specification for 
groundfish in the BSAI (72 FR 9451, March 2, 2007).
    In December 2007, the Council recommended a 2008 pollock TAC of 
1,000,000 mt for the Bering Sea subarea. This amount is less than the 
1,318,000 mt established by the 2007 and 2008 harvest specification for 
groundfish in the BSAI (72 FR 9451, March 2, 2007). The TAC recommended 
by the Council is based on the Stock Assessment and Fishery Evaluation 
report (SAFE), dated November 2007, which NMFS has determined is the 
best available scientific information for this fishery.
    Steller sea lions occur in the same location as the pollock fishery 
and are listed as endangered under the Endangered Species Act (ESA). 
Pollock is a principal prey species for Steller sea lions in the BSAI. 
The seasonal apportionment of pollock harvest is necessary to ensure 
the groundfish fisheries are not likely to cause jeopardy of extinction 
or adverse modification of critical habitat for Steller sea lions. The 
regulations at Sec.  679.20(a)(5)(i)(A) specifies how the pollock TAC 
shall be apportioned.
    In accordance with Sec.  679.25(a)(2)(i)(B), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that, 
based on the November 2007 SAFE report for this fishery, the current 
Bering Sea pollock TAC is incorrectly specified. Consequently, the 
Regional Administrator is adjusting the 2008 pollock TAC to 1,000,000 
mt in the Bering Sea subarea.
    Pursuant to Sec.  679.20(a)(5), Table 3 of the 2007 and 2008 final 
harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 
2007) is revised for the 2008 pollock TACs consistent with this 
adjustment.
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Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would allow for harvests that exceed the appropriate allocations for 
pollock based on the best scientific information available. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of December 13, 
2007, and additional time for prior public comment would result in 
conservation concerns for the ESA-listed Steller sea lions.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    Under Sec.  679.25(c)(2), interested persons are invited to submit 
written comments on this action to the above address until January 15, 
2008.
    This action is required by Sec.  679.22 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 31, 2007.
William D. Chappell
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-6309 Filed 12-31-07; 2:23 pm]
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