[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Rules and Regulations]
[Pages 233-235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31363]


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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.

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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superseded through publication of a notification in the Federal 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 http://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 http://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
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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 
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]
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