[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Proposed Rules]
[Page 53816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21745]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-AU20


Fisheries of the Exclusive Economic Zone Off Alaska; Revised 
Management Authority for Dark Rockfish in the Bering Sea and Aleutian 
Islands Management Area and the Gulf of Alaska

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

ACTION: Availability of a proposed amendment to a fishery management 
plan; request for comments.

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SUMMARY: The North Pacific Fishery Management Council has submitted 
Amendment 73 to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area and Amendment 77 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska 
(collectively, Amendments 73/77) for Secretarial (Commerce) approval. 
If approved, Amendments 73/77 would remove dark rockfish (Sebastes 
ciliatus) from both fishery management plans (FMPs). Consequently, the 
State of Alaska would then assume management of dark rockfish in the 
Bering Sea and Aleutian Islands Management Area and the Gulf of Alaska. 
This action is necessary to allow the State of Alaska to implement more 
responsive, regionally based management of dark rockfish than is 
currently possible under the FMPs. This action would improve 
conservation and management of dark rockfish and is intended to promote 
the goals and objectives of the Magnuson-Stevens Fishery Conservation 
and Management Act, the FMPs, and other applicable laws.

DATES: Comments on the proposed amendments must be received on or 
before November 17, 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 RIN 0648-
AU20 by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov.
     Mail: P. O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9\th\ 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (e.g., 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 (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.
    Copies of Amendments 73/77 and the Environmental Assessment/
Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/
RIR/IRFA) prepared for this action are available from the Alaska Region 
NMFS at the address above or from the Alaska Region NMFS website at 
http://alaskafisheries.noaa.gov.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that each Regional 
Fishery Management Council submit any fishery management plan (FMP) 
amendment it prepares to the Secretary for review and approval, 
disapproval, or partial approval. The Magnuson-Stevens Act also 
requires that NMFS, upon receiving an FMP amendment, immediately 
publish a notice in the Federal Register that the amendment is 
available for public review and comment. This action constitutes such 
notice for Amendments 73/77 to the FMPs.
    Amendments 73/77 were unanimously adopted by the North Pacific 
Fishery Management Council (Council) in April 2007. If approved by the 
Secretary, these amendments would remove dark rockfish (Sebastes 
ciliatus) from the FMPs and would thereby allow the State of Alaska 
(State) to extend its management authority for dark rockfish into 
Federal waters off the State.
    The Council recommended Amendments 73/77 because dark rockfish are 
a nearshore, shallow-water species which are rarely caught in offshore 
Federal waters. Dark rockfish currently are contained in the pelagic 
shelf rockfish (PSR) complex in the Gulf of Alaska. The overfishing 
limit and acceptable biological catch limit for PSR are based primarily 
on the stock assessment for dusky rockfish. Dusky rockfish comprise the 
majority of the total exploitable biomass estimate for the PSR complex. 
In the Bering Sea and Aleutian Islands management area, dark rockfish 
are contained within the ``other rockfish'' complex, the biomass of 
which is largely comprised of dusky rockfish and thornyhead rockfish. 
Under Amendments 73/77, the State could implement more responsive, 
regionally based management of dark rockfish than is possible under the 
FMPs. State management would reduce the possibility of overexploitation 
and localized depletion of dark rockfish that could occur if it is 
continued to be managed within the larger PSR and ``other rockfish'' 
complexes under the FMPs.
    NMFS is soliciting public comments on Amendments 73/77 through 
November 17, 2008. A proposed rule that would implement Amendments 73/
77 will be published in the Federal Register for public comment at a 
later date, following NMFS' evaluation under the Magnuson-Stevens Act 
procedures.
    Comments received by November 17, 2008, whether specifically 
directed to the amendments or the proposed rule will be considered in 
the approval/disapproval decision on Amendments 73/77. Comments 
received after that date will not be considered in the FMP amendment 
approval/disapproval decision. All comments received on Amendments 73/
77 or on the proposed rule during their respective comment periods will 
be addressed in the final rule.

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

    Dated: September 11, 2008.
James P. Burgess
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-21745 Filed 9-16-08; 8:45 am]
BILLING CODE 3510-22-S