[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Rules and Regulations]
[Pages 14728-14730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1053]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8403-03]
RIN 0648-XD67


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2008 Sablefish Total Allowable Catch in the West 
Yakutat and Southeast Outside Districts; Correction

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

ACTION: Correction to a final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS is adjusting the 2008 total allowable catch (TAC) amounts 
for sablefish in the West Yakutat and Southeast Outside Districts. This 
action is necessary because NMFS has determined that these TACs were 
incorrectly specified in the Federal Register on February 27, 2008 (73 
FR 10562). This action will ensure the sablefish TAC does not exceed 
the appropriate amount based on the best available scientific 
information for sablefish in the West Yakutat and Southeast Outside 
Districts. This action is consistent with the goals and objectives of 
the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 14, 2008, 
through 2400 hrs, A.l.t., December 31, 2008. Comments must be received 
at the following address no later than 4:30 p.m., A.l.t., March 31, 
2008.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by 0648-
XD67, 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; or
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change.

[[Page 14729]]

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: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Gulf of Alaska (GOA) 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 sablefish TAC was incorrectly specified as 1,950 mt in the 
West Yakutat and 3,390 mt in the Southeast Outside Districts of the GOA 
in the 2008 and 2009 harvest specifications for groundfish in the GOA 
(73 FR 10562, February 27, 2008). In November 2007, the Council's GOA 
Plan Team compiled the final 2007 Stock Assessment and Fisheries 
Evaluation (SAFE) report for the GOA groundfish fisheries, dated 
November 2007. Due to an inadvertent error, incorrect amounts from the 
2007 SAFE report for West Yakutat and Southeast Outside sablefish were 
presented to the Council, its Statistical and Scientific Committee, and 
its Advisory Panel. These amounts were 1,950 mt for West Yakutat and 
3,390 mt for Southeast Outside. The correct amount should have been 
2,120 mt for West Yakutat and 3,220 mt for Southeast Outside and are 
found in the 2007 SAFE report for sablefish. This results in a 170 mt 
increase for West Yakutat and a decrease of 170 mt for Southeast 
Outside. The Council adopted the incorrect amounts and Secretary of 
Commerce published the incorrect amounts in the 2008 and 2009 final 
harvest specifications for groundfish in the GOA (73 FR 10562, February 
27, 2008).
    In accordance with 50 CFR 679.25(a)(1)(iii) and 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 West Yakutat and Southeast Outside 
TACs were incorrectly specified. Consequently, the Regional 
Administrator is adjusting the 2008 West Yakutat TAC to 2,120 mt and 
the Southeast Outside TAC to 3,220 mt.
    Pursuant to Sec.  679.20(a)(4), Table 3 of the 2008 and 2009 final 
harvest specifications for groundfish in the GOA (73 FR 10562, February 
27, 2008) is revised for the 2008 sablefish TACs consistent with this 
adjustment.

 Table 3 - Final 2008 Sablefish TAC Specifications in the Gulf of Alaska
             and Allocations to Hook-and-Line and Trawl Gear
             (values are rounded to the nearest metric ton)
------------------------------------------------------------------------
                                        Hook-and-line         Trawl
  Area/District           TAC           apportionment     apportionment
------------------------------------------------------------------------
Western            1,890              1,512             378
Central            5,500              4,400             1,100
West Yakutat\1\    2,120              1,853             267
Southeast Outside  3,220              3,220             0
------------------------------------------------------------------------
Total              12,730             10,985            1,745
------------------------------------------------------------------------
\1\Represents an allocation of 5 percent of the combined Eastern
  Regulatory Area sablefish TAC to trawl gear in the WYK District.

    The hook-and-line apportionment of the sablefish TAC is further 
allocated as to the sablefish Individual Fishing Program (IFQ). For 
illustrative purposes, this adjustment would change an IFQ allocation 
of 10,000 pounds based on 88,472 quota share units in the West Yakutat 
District to 11,010 pounds. This adjustment would change an IFQ 
allocation of 10,000 pounds based on 143,562 quota share units in 
Southeast Outside District to 9,499 pounds. The decrease of the 
Southeast Outside TAC affects 445 IFQ permits.

Correction

    In rule FR Doc. E8-3531 published on February 27, 2008 (73 FR 
10562) make the following correction: In Table 3 on page 10570, correct 
the ``1,950'' TAC for the West Yakutat district to read ``2,120'' and 
correct the ``3,390'' TAC for the Southeast Outside district to read 
``3,220''.

Classification

    This action responds to the best available information on stock 
abundance for 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 contrary to the 
public interest. This requirement is contrary to the public interest as 
it would raise conservation concerns as the sablefish TAC in the 
Southeast Outside District based on the best scientific information 
available would be exceeded.The sablefish IFQ hook-and-line fishery 
opened on March 8, 2008. If this inseason adjustment is not effective 
immediately, the hook-and-line sablefish allocations will be incorrect. 
U.S. fishing vessels have demonstrated the capacity to catch the TAC 
allocations in these fisheries. An IFQ permit holder is allocated a 
dedicated and transferable amount of fish for the year. Constituents 
are each allocated amounts from several pounds that may be harvested in 
one fishing trip, to many thousands of pounds. It is possible that some 
IFQ permit holders, particularly of Southeast Outside sablefish IFQ, 
have at this time already exceeded the amount that a corrected permit 
would authorize. Immediate effectiveness of this inseason adjustment 
will allow NMFS to issue correct IFQ allocations. The immediate 
effectiveness of this action is required to provide consistent 
management and conservation of fishery resources based on the best 
available scientific information, and to give the fishing industry the 
earliest possible opportunity to plan its fishing operations.
    Also, it would constrain fishermen in West Yakutat District from 
realizing economic benefits from correct allocations of IFQ and would 
allow for harvests in the Southeast Outside District that exceed the 
appropriate allocations for sablefish.

[[Page 14730]]

    NMFS was unable to publish a notice providing time for public 
comment because NMFS only became aware from a member of the industry of 
the incorrectly specified TAC as of March 6, 2008, and the IFQ fishery 
opened March 8, 2008. Additional time for prior public comment would 
raise conservation concerns for the sablefish allocation in the 
Southeast Outside District.
    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 March 31, 
2008.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: March 14, 2008.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 08-1053 Filed 3-14-08; 4:27 pm]
BILLING CODE 3510-22-S