[Federal Register: December 6, 2007 (Volume 72, Number 234)]
[Proposed Rules]
[Page 68810-68833]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de07-18]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106671-7723-01]
RIN 0648-XD67
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Proposed 2008 and 2009 Harvest Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes 2008 and 2009 harvest specifications, reserves
and apportionments, and Pacific halibut prohibited species catch (PSC)
for the groundfish fishery of the Gulf of Alaska (GOA). This action is
necessary to establish harvest limits for groundfish during the 2008
and 2009 fishing years and to accomplish the goals and objectives of
the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).
The intended effect of this action is to conserve and manage the
groundfish resources in the GOA in accordance with the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
DATES: Comments must be received by January 7, 2008.
ADDRESSES: You may submit comments, identified by ``RIN 0648-XD67'', by
any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal Web site 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.
Send comments to Sue Salveson, Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen
Sebastian.
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) 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.
Copies of the Final Alaska Groundfish Harvest Specifications
Environmental Impact Statement (Final EIS) and the Initial Regulatory
Flexibility Analysis (IRFA) prepared for this action are available from
NMFS at the addresses above or from the Alaska Region Web site at
http://www.fakr.noaa.gov. Copies of the final 2006 Stock Assessment and
Fishery Evaluation (SAFE) report for the groundfish resources of the
GOA, dated November 2006, and the October 2007 North Pacific Fishery
Management Council (Council) meeting minutes are available from the
Council at 605 West 4th Avenue, Suite 306, Anchorage, AK 99510 or from
its Web site at http://www.fakr.noaa.gov/npfmc.
FOR FURTHER INFORMATION CONTACT: Tom Pearson, Sustainable Fisheries
Division, Alaska Region, 907-481-1780, or e-mail at
tom.pearson@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in
the exclusive economic zone (EEZ) of the GOA under the FMP. The Council
prepared the FMP under the authority of the Magnuson-Stevens Act, 16
U.S.C. 1801, et seq. Regulations governing U.S. fisheries and
implementing the FMP appear at 50 CFR parts 600, 679, and 680.
These proposed specifications are based in large part on the 2006
SAFE reports. In November 2007, the 2007
[[Page 68811]]
SAFE reports were used to develop the 2008 and 2009 final acceptable
biological catch (ABC) amounts. Anticipated changes in the final
specifications from the proposed specifications are identified in this
notice for public review.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify the total allowable catch
(TAC) for each target species and for the ``other species'' category,
the sum of which must be within the optimum yield (OY) range of 116,000
to 800,000 metric tons (mt). Section 679.20(c)(1) further requires NMFS
to publish and solicit public comment on proposed annual TACs, halibut
PSC amounts, and seasonal allowances of pollock and inshore/offshore
Pacific cod. The proposed specifications in Tables 1 through 17 of this
document satisfy these requirements. For 2008 and 2009, the sum of the
proposed TAC amounts is 286,173 mt. Under Sec. 679.20(c)(3), NMFS will
publish the 2008 and 2009 final specifications after (1) considering
comments received within the comment period (see DATES), (2) consulting
with the Council at its December 2007 meeting, and (3) considering
information presented in the Final EIS and the final 2007 SAFE report
prepared for the 2008 and 2009 groundfish fisheries.
Other Rules Affecting the 2008 and 2009 Harvest Specifications
Congress granted NMFS specific statutory authority to manage
Central GOA rockfish fisheries in Section 802 of the Consolidated
Appropriations Act of 2004 (Pub. L. 108-199; Section 802). The elements
of the Central Gulf of Alaska Rockfish Pilot Program (Rockfish Program)
are discussed in detail in the proposed and final rules to Amendment 68
to the FMP (71 FR 33040, June 7, 2006, and 71 FR 67210, November 20,
2006, respectively). The Rockfish Program is authorized for five years,
from January 1, 2007 until December 31, 2011.
The Rockfish Program allocates exclusive harvesting and processing
privileges for the following primary rockfish species: Northern
rockfish, Pacific ocean perch, and pelagic shelf rockfish. Secondary
species are those species incidentally harvested during the primary
rockfish species fisheries and include Pacific cod, rougheye rockfish,
shortraker rockfish, sablefish, and thornyhead rockfish. The Rockfish
Program also allocates a portion of the total GOA halibut mortality
limit annually specified under Sec. 679.21 to participants based on
historic halibut mortality rates in the primary rockfish species
fisheries. The 2008 amounts of primary rockfish species, secondary
species, and halibut mortality to be allocated to the Rockfish Program
will not be known until eligible participants apply for participation
in the Rockfish Program by March 1, 2008. These amounts will be posted
on the Alaska Region Web site at http://www.fakr.noaa.gov when they
become available early in 2008. The entry level allocation of rockfish,
after subtraction of incidental catch amounts, is equal to 5 percent of
the Central GOA TAC for Pacific ocean perch, northern rockfish, and
pelagic shelf rockfish. Table 6 lists the proposed 2008 and 2009
allocations of rockfish in the Central GOA to the entry level fishery.
The Rockfish Program also establishes catch limits, commonly called
``sideboards,'' to limit the ability of participants eligible for this
program to harvest fish in fisheries other than the Central GOA
rockfish fisheries. Sideboards limit harvest in specific rockfish
fisheries in the Western GOA and in the West Yakutat District and the
amount of halibut bycatch that can be used in certain flatfish
fisheries. Table 14 lists the proposed 2008 and 2009 Rockfish Program
harvest limits. Table 15 lists the proposed 2008 and 2009 Rockfish
Program halibut mortality limits for catcher processors and catcher
vessels.
Proposed and final rules to implement Amendment 80 to the Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area (BSAI FMP) were published in the Federal Register on
May 30, 2007 (72 FR 30052) and September 14, 2007 (72 FR 52668).
Amendment 80 (hereinafter referred to as the ``Amendment 80 program'')
allocates several BSAI non-pollock trawl groundfish fisheries among
fishing sectors, and facilitates the formation of harvesting
cooperatives in the non-American Fisheries Act (AFA) trawl catcher
processor sector. The Amendment 80 program establishes a limited access
privilege program for the non-AFA trawl catcher processor sector. In
order to limit the ability of participants eligible for the Amendment
80 program to expand their harvest efforts in the GOA, the Amendment 80
program establishes groundfish and halibut PSC catch limits for
Amendment 80 program participants in the GOA. Table 16 lists the
proposed 2008 and 2009 sideboard limits for Amendment 80 program
participants. Table 17 lists the proposed 2008 and 2009 halibut PSC
limits for Amendment 80 vessels using trawl gear.
In April 2007, the Council recommended Amendment 77 to the GOA FMP.
Amendment 77, if approved, would remove dark rockfish from the pelagic
shelf rockfish (PSR) complex in the GOA FMP in order to allow the State
to assume management of dark rockfish. This action is necessary to
allow the State to implement more responsive, regionally based
management measures than are currently possible under the FMP. From
1997 to 2005, NMFS survey biomass estimates of dark rockfish in the PSR
complex have averaged 3.5 percent of the total PSR biomass. If
Amendment 77 is approved, a reduction of 3.5 percent could be expected
in the overfishing level (OFL), ABC, and TAC levels for the PSR complex
in 2009. The amounts of 2009 PSR will be available following the Plan
Team's meeting in November 2007.
Proposed ABC and TAC Specifications
The proposed ABCs and TACs are based on the best available
biological and socioeconomic data, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
methods used to calculate stock biomass. The FMP specifies the
formulas, or tiers, to be used to compute ABCs and OFLs. The formulas
applicable to a particular stock or stock complex are determined by the
level of reliable information available to fisheries scientists. Tier
one represents the highest level of information quality available and
tier six represents the lowest level of information quality available.
In October 2007, the Council, the Scientific and Statistical
Committee (SSC), and the Advisory Panel (AP), reviewed current
biological and harvest information about the condition of GOA
groundfish stocks, most of which was initially compiled by the GOA
Groundfish Plan Team (Plan Team) and was presented in the final 2006
SAFE report for the GOA groundfish fisheries, dated November 2006 (see
ADDRESSES). The SAFE report contains a review of the latest scientific
analyses, estimates of each species' biomass and other biological
parameters, as well as summaries of the available information on the
GOA ecosystem and the economic condition of the groundfish fisheries
off Alaska. From these analyses, the Plan Team estimates an ABC for
each species category. The Plan Team will update the 2006 SAFE report
to include new information collected during 2007. The Plan Team will
provide revised stock assessments in November 2007 in the final 2007
SAFE report. The Council will review the 2007 SAFE report in December
2007.
[[Page 68812]]
The final 2008 and 2009 harvest specifications may be adjusted from the
proposed harvest specifications based on the 2007 SAFE report.
The SSC adopted the proposed 2008 and 2009 OFL and ABC
recommendations from the Plan Team for all groundfish species. These
amounts are unchanged from the final 2008 harvest specifications
published in the Federal Register on March 5, 2007 (72 FR 9676). The AP
and the Council recommendations for the proposed 2008 and 2009 OFL,
ABC, and TAC amounts are also based on the final 2008 harvest
specifications published in the Federal Register on March 5, 2007 (72
FR 9676). For 2008 and 2009, the Council recommended and NMFS proposes
the OFLs and ABCs listed in Table 1. The proposed ABCs reflect harvest
amounts that are less than the specified overfishing amounts. The sum
of the proposed 2008 and 2009 ABCs for all assessed groundfish is
511,838 mt, which is higher than the final 2007 ABC total of 490,327 mt
(72 FR 9676, March 5, 2007).
Specification and Apportionment of TAC Amounts
The Council recommended proposed TACs for 2008 and 2009 that are
equal to proposed ABCs for pollock, deep-water flatfish, rex sole,
sablefish, Pacific ocean perch, shortraker rockfish, rougheye rockfish,
northern rockfish, pelagic shelf rockfish, thornyhead rockfish,
demersal shelf rockfish, and skates. The Council recommended proposed
TACs for 2008 and 2009 that are less than the proposed ABCs for Pacific
cod, flathead sole, shallow-water flatfish, arrowtooth flounder, other
rockfish, and Atka mackerel.
The apportionment of annual pollock TAC among the Western and
Central Regulatory Areas of the GOA reflects the seasonal biomass
distribution and is discussed in greater detail below. The annual
pollock TAC in the Western and Central Regulatory Areas of the GOA is
apportioned among Statistical Areas 610, 620, and 630, as well as
equally among each of the following four seasons: the A season (January
20 through March 10), the B season (March 10 through May 31), the C
season (August 25 through October 1), and the D season (October 1
through November 1) (50 CFR 679.23(d)(2)(i) through (iv) and
679.20(a)(5)(iv)(B)).
As in 2007, the SSC and Council recommended that the method of
apportioning the sablefish ABC among management areas in 2008 and 2009
include commercial fishery and survey data. NMFS stock assessment
scientists believe that unbiased commercial fishery catch-per-unit-
effort data are useful for stock distribution assessments. NMFS
evaluates annually the use of commercial fishery data to ensure that
unbiased information is included in stock distribution models. The
Council's recommendation for sablefish area apportionments also takes
into account the prohibition on the use of trawl gear in the Southeast
Outside (SEO) District of the Eastern Regulatory Area and makes
available 5 percent of the combined Eastern Regulatory Area TACs to
trawl gear for use as incidental catch in other directed groundfish
fisheries in the West Yakutat District (WYK) (Sec. 679.20(a)(4)(i)).
The AP, SSC, and Council recommended apportioning the ABC for
Pacific cod in the GOA among regulatory areas based on the three most
recent NMFS summer trawl surveys. As in previous years, the Plan Team,
SSC, and Council recommended that the sum of all State and Federal
water Pacific cod removals from the GOA not exceed ABC recommendations.
The proposed 2008 and 2009 Pacific cod TACs are affected by the State's
fishery for Pacific cod in its waters in the Western and Central
Regulatory Areas, as well as in Prince William Sound (PWS).
Accordingly, the Council recommended the proposed 2008 and 2009
Pacific cod TACs be reduced from proposed ABC amounts to account for
guideline harvest levels (GHL) established for Pacific cod by the State
for fisheries that occur in State waters of the GOA. Therefore, the
proposed 2008 and 2009 Pacific cod TACs are less than the proposed ABCs
by the following amounts (1) Eastern GOA, 428 mt; (2) Central GOA,
9,817 mt; and (3) Western GOA, 6,961 mt. These amounts reflect the sum
of the State's 2008 and 2009 GHLs in these areas, which are 10 percent,
25 percent, and 25 percent of the Eastern, Central, and Western GOA
proposed ABCs, respectively.
NMFS also is proposing seasonal apportionments of the annual
Pacific cod TACs in the Western and Central Regulatory Areas. Sixty
percent of the annual TAC is apportioned to the A season for hook-and-
line, pot, or jig gear from January 1 through June 10, and for trawl
gear from January 20 through June 10. Forty percent of the annual TAC
is apportioned to the B season for hook-and-line, pot, or jig gear from
September 1 through December 31, and for trawl gear from September 1
through November 1 (Sec. Sec. 679.23(d)(3) and 679.20(a)(11)).
As in 2007, NMFS proposes to establish for 2008 and 2009 an A
season directed fishing allowance (DFA) for the Pacific cod fisheries
in the GOA based on the management area TACs minus the recent average A
season incidental catch of Pacific cod in each management area before
June 10 (Sec. 679.20(d)(1)). The DFA and incidental catch before June
10 will be managed such that total catch in the A season will be no
more than 60 percent of the annual TAC. Incidental catch taken after
June 10 will continue to be taken from the B season TAC. This action
meets the intent of the Steller sea lion protection measures by
achieving temporal dispersion of the Pacific cod removals and reducing
the likelihood of catch exceeding 60 percent of the annual TAC in the A
season (January 1 through June 10).
The FMP specifies that the amount for the ``other species''
category be set at an amount less than or equal to 5 percent of the
combined TAC amounts for target species. The proposed 2008 and 2009
``other species'' TACs of 4,500 mt are less than 5 percent of the
combined proposed TAC amounts for target species for 2008 and 2009. The
sum of the proposed TACs for all GOA groundfish is 286,173 mt for 2008
and 2009, which is within the OY range specified by the FMP. The sums
of the proposed 2008 and 2009 TACs are lower than the sum of the 2007
TACs of 269,912 mt.
NMFS finds that the Council's recommendations for proposed OFL,
ABC, and TAC amounts are consistent with the biological condition of
groundfish stocks as adjusted for other biological and socioeconomic
considerations, including maintaining the total TAC within the required
OY range. Table 1 lists the proposed 2008 and 2009 ABCs, TACs, and OFLs
of groundfish.
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Proposed Apportionment of Reserves
Section 679.20(b)(2) requires that 20 percent of each TAC for
pollock, Pacific cod, flatfish, and the ``other species'' category be
set aside in reserves for possible apportionment at a later date during
the fishing year. In 2007, NMFS apportioned all of the reserves in the
final harvest specifications. For 2008 and 2009, NMFS proposes
apportionment of all of the reserves for pollock, Pacific cod,
flatfish, and ``other species.'' Table 1 reflects the apportionment of
reserve amounts for these species and species groups.
Proposed Allocations of the Sablefish TAC Amounts to Vessels Using
Hook-and-Line and Trawl Gear
Sections 679.20(a)(4)(i) and (ii) require allocation of sablefish
TACs for each of the regulatory areas and districts to hook-and-line
and trawl gear. In the Western and Central Regulatory Areas, 80 percent
of each TAC is allocated to hook-and-line gear, and 20 percent of each
TAC is allocated to trawl gear. In the Eastern GOA, 95 percent of the
TAC is allocated to hook-and-line gear and 5 percent is allocated to
trawl gear. The trawl gear allocation in the Eastern GOA may only be
used to support incidental catch of sablefish in directed fisheries for
other target species (Sec. 679.20(a)(4)(i)). In recognition of the
trawl ban in the SEO District of the Eastern GOA, the Council
recommended and NMFS proposes that the allocation of 5 percent of the
combined Eastern Regulatory Area sablefish TAC be available to trawl
gear in the WYK District and the remainder of the WYK sablefish TAC be
available to vessels using hook-and-line gear. As a result, NMFS
proposes to allocate 100 percent of the sablefish TAC in the SEO
District to vessels using hook-and-line gear. This recommendation
results in a proposed 2008 allocation of 281 mt to trawl gear and 1,988
mt to hook-and-line gear in the WYK District, and 3,353 mt to hook-and-
line gear in the SEO District. Table 2 lists the allocations of the
proposed 2008 sablefish TACs to hook-and-line and trawl gear. Table 3
lists the allocations of the proposed 2009 sablefish TACs to trawl
gear. The Council recommended that only a trawl sablefish TAC be
established for two years.
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Proposed Apportionments of Pollock TAC Among Seasons and Regulatory
Areas, and Allocations for Processing by Inshore and Offshore
Components
In the GOA, pollock is apportioned by season and area, and is
further divided between inshore and offshore processing components.
Pursuant to Sec. 679.20(a)(5)(iv)(B), the annual pollock TAC specified
for the Western and Central Regulatory Areas of the GOA is apportioned
into four equal seasonal allowances of 25 percent. As established by
Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season
allowances are available from January 20 through March 10, March 10
through May 31, August 25 through October 1, and October 1 through
November 1, respectively.
Pollock TACs in the Western and Central Regulatory Areas of the GOA
are apportioned among statistical areas 610, 620, and 630. In the A and
B seasons, the apportionments are in proportion to the distribution of
pollock biomass based on the four most recent NMFS winter surveys. In
the C and D seasons, the apportionments are in proportion to the
distribution of pollock biomass based on the four most recent NMFS
summer surveys. For 2008 and 2009, the Council recommended averaging
the winter and summer distribution of pollock in the Central Regulatory
Area for the A season. The average is intended to reflect the
distribution of pollock as indicated by the historic performance of the
fishery during the A season. Within any fishing year, the amount by
which a seasonal allowance is underharvested or overharvested may be
added to, or subtracted from, subsequent seasonal allowances. The
rollover amount is limited to 20 percent of the unharvested seasonal
apportionment for the statistical area. Any unharvested pollock above
the 20 percent limit could be further distributed to the other
statistical areas, in proportion to the estimated biomass in the
subsequent season in those statistical areas (Sec.
679.20(a)(5)(iv)(B)). The proposed pollock TACs in the WYK of 1,694 mt
and SEO District of 6,157 mt for 2008 and 2009 are not allocated by
season.
Section 679.20(a)(6)(i) requires the allocation of 100 percent of
the pollock TAC in all regulatory areas and all seasonal allowances to
vessels catching pollock for processing by the inshore component after
subtraction of amounts that are projected by the Regional Administrator
to be caught by, or delivered to, the offshore component incidental to
directed fishing for other groundfish species. The amount of pollock
available for vessels harvesting pollock for processing by the offshore
component is that amount actually taken as incidental catch during
directed fishing for groundfish species other than pollock, up to the
maximum retainable amounts allowed under Sec. 679.20(e) and (f). At
this time, these incidental catch amounts are unknown and will be
determined during the fishing year.
Table 4 lists the proposed 2008 and 2009 seasonal biomass
distribution of pollock in the Western and Central Regulatory Areas,
area apportionments, and seasonal allowances. The amounts of pollock
for processing by the inshore and offshore components are not shown.
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Proposed Seasonal Apportionments of Pacific Cod TAC and Allocations for
Processing of Pacific Cod TAC Between Inshore and Offshore Components
Pacific cod fishing is divided into two seasons in the Western and
Central Regulatory Areas of the GOA. For hook-and-line, pot, and jig
gear, the A season is January 1 through June 10, and the B season is
September 1 through December 31. For trawl gear, the A season is
January 20 through June 10, and the B season is September 1 through
November 1 (Sec. 679.23(d)(3)). After subtraction of incidental catch,
60 percent and 40 percent of the annual TAC will be available for
harvest during the A and B seasons, respectively, and will be
apportioned between the inshore and offshore processing components, as
provided in Sec. 679.20(a)(6)(ii). Between the A and the B seasons,
directed fishing for Pacific cod is closed, and fishermen participating
in other directed fisheries must retain Pacific cod up to the maximum
retainable amounts allowed under Sec. 679.20(e) and (f). Under Sec.
679.20(a)(11)(ii), any overage or underage of the Pacific cod allowance
from the A season may be subtracted from or added to the subsequent B
season allowance.
Section 679.20(a)(6)(ii) requires the allocation of the Pacific cod
TAC apportionment in all regulatory areas between vessels catching
Pacific cod for processing by the inshore and offshore components.
Ninety percent of the Pacific cod TAC in each regulatory area is
allocated to vessels catching Pacific cod for processing by the inshore
component. The remaining 10 percent of the TAC is allocated to vessels
catching Pacific cod for processing by the offshore component. Table 5
lists the proposed 2008 and 2009 seasonal apportionments and
allocations of the Pacific cod TAC amounts.
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Proposed Apportionments to the Central GOA Rockfish Pilot Program
Sections 679.81(a)(1) and (2) require the allocation of the primary
rockfish species TACs in the Central Regulatory Area after deducting
incidental catch needs in other directed groundfish fisheries. Five
percent (2.5 percent to trawl gear and 2.5 percent to fixed gear) of
the proposed TACs for Pacific ocean perch, northern rockfish, and
pelagic shelf rockfish in the Central Regulatory Area are allocated to
the entry level rockfish fishery and the remaining 95 percent to those
vessels eligible to participate in the Rockfish Program. NMFS proposes
2008 and 2009 incidental catch amounts of 100 mt for northern rockfish,
100 mt for pelagic shelf rockfish, and 200 mt for Pacific ocean perch
for other directed groundfish fisheries in the Central Regulatory Area.
These proposed amounts are based on the 2003 through 2007 average
incidental catch in the Central Regulatory Area by other groundfish
fisheries.
Section 679.83(a)(1)(i) requires allocations to the trawl entry
level fishery must be made first from the allocation of Pacific ocean
perch available to the rockfish entry level fishery. If the amount of
Pacific ocean perch available for allocation is less than the total
allocation allowable for trawl catcher vessels in the rockfish entry
level fishery, then northern rockfish and pelagic shelf rockfish must
be allocated to trawl catcher vessels. Allocations of Pacific ocean
perch, northern rockfish, and pelagic shelf rockfish to longline gear
vessels must be made after the allocations to trawl gear.
Table 6 lists the proposed 2008 and 2009 allocations of rockfish in
the Central GOA to trawl and longline gear in the entry level rockfish
fishery.
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Proposed Halibut PSC Limits
Section 679.21(d) establishes annual halibut PSC limit
apportionments to trawl and hook-and-line gear and permits the
establishment of apportionments for pot gear. In October 2007, the
Council recommended that NMFS maintain the 2007 halibut PSC limits of
2,000 mt for the trawl fisheries and 300 mt for the hook-and-line
fisheries for 2008 and 2009. Ten metric tons of the hook-and-line limit
is further allocated to the demersal shelf rockfish (DSR) fishery in
the SEO District. The DSR fishery is defined at Sec.
679.21(d)(4)(iii)(A). This fishery has been apportioned 10 mt in
recognition of its small scale harvests. Most vessels in the DSR
fishery are less than 60 ft (18.3 m) length overall (LOA) making them
exempt from observer coverage. Therefore, observer data are not
available to verify actual bycatch amounts. NMFS assumes the halibut
bycatch in the DSR fishery is low because of the short soak times for
the gear and short duration of the fishery. Also, the DSR fishery
occurs in the winter when less overlap occurs in the distribution of
DSR and halibut. In 2006 and 2007, estimates of incidental catch of DSR
in the commercial halibut fishery and estimates of sport fish catch
have approached the final TACs for DSR. As a result, the Alaska
Department of Fish and Game closed directed commercial fishing for DSR
at the beginning of 2006 and 2007.
Section 679.21(d)(4) authorizes the exemption of specified non-
trawl fisheries from the halibut PSC limit. As in past years, NMFS,
after consultation with the Council, proposes to exempt pot gear, jig
gear, and the sablefish IFQ (Individual Fishing Quota) hook-and-line
gear fishery categories from the non-trawl halibut PSC limit for 2008
and 2009. The Council recommended these exemptions because (1) the pot
gear fisheries have low halibut bycatch mortality (averaging 18 mt
annually from 2001 through 2006 and 8 mt through September 22, 2007);
(2) the halibut and sablefish IFQ fisheries have low halibut bycatch
mortality because the IFQ program requires retention of legal-sized
halibut by vessels using hook-and-line gear if a halibut IFQ permit
holder is aboard and is holding unused halibut IFQ; and (3) halibut
mortality for the jig gear fisheries is assumed to be negligible.
Halibut mortality is assumed to be negligible in the jig gear fisheries
given the low amount of groundfish harvested by jig gear (averaging 269
mt annually from 2001 through 2006, and 29 mt through September 22,
2007), the selective nature of jig gear, and the likelihood of high
survival rates of halibut caught and released by jig gear.
Section 679.21(d)(5) provides NMFS with the authority to seasonally
apportion the halibut PSC limits after consultation with the Council.
The FMP and regulations require that the Council and NMFS consider the
following information in seasonally apportioning halibut PSC limits:
(1) Seasonal distribution of halibut, (2) seasonal distribution of
target groundfish species relative to halibut distribution, (3)
expected halibut bycatch needs on a seasonal basis relative to changes
in halibut biomass and expected catch of target groundfish species, (4)
expected bycatch rates on a seasonal basis, (5) expected changes in
directed groundfish fishing seasons, (6) expected actual start of
fishing effort, and (7) economic effects of establishing seasonal
halibut allocations on segments of the target groundfish industry.
The final 2007 and 2008 harvest specifications (72 FR 9676, March
5, 2007) summarized the Council's and NMFS's findings with respect to
each of these FMP considerations. The Council's and NMFS's findings for
2008 and 2009 are unchanged from 2007. Table 7 lists the proposed 2008
and 2009 Pacific halibut PSC limits, allowances, and apportionments.
Sections 679.21(d)(5)(iii) and (iv) specify that any underages or
overages of a seasonal apportionment of a PSC limit will be deducted
from or added to the next respective seasonal apportionment within the
fishing year.
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Section 679.21(d)(3)(ii) authorizes further apportionment of the
trawl halibut PSC limit to trawl fishery categories. The annual
apportionments are based on each category's proportional share of the
anticipated halibut bycatch mortality during a fishing year and
optimization of the total amount of groundfish harvest under the
halibut PSC limit. The fishery categories for the trawl halibut PSC
limits are: (1) A deep-water species category, comprised of sablefish,
rockfish, deep-water flatfish, rex sole, and arrowtooth flounder; and
(2) a shallow-water species category, comprised of pollock, Pacific
cod, shallow-water flatfish, flathead sole, Atka mackerel, skates, and
``other species'' (Sec. 679.21(d)(3)(iii)). Table 8 lists the proposed
2008 and 2009 seasonal apportionments of Pacific halibut PSC trawl
limits for the deep-water and shallow-water species fishery categories.
Based on public comment and information contained in the final 2007
SAFE report, the Council may recommend or NMFS may make changes in the
seasonal, gear-type, or fishery category apportionments of halibut PSC
limits for the final 2008 and 2009 harvest specifications.
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Estimated Halibut Bycatch in Prior Years
The best available information on estimated halibut bycatch is data
collected by observers during 2007. The calculated halibut bycatch
mortality by trawl, hook-and-line, and pot gears through September 22,
2007, is 1,487 mt, 212 mt, and 8 mt, respectively, for a total halibut
mortality of 1,707 mt.
Halibut bycatch restrictions seasonally constrained trawl gear
fisheries during the 2007 fishing year. Trawling during the second
season closed for the deep-water species category on May 17 (72 FR
28620, May 22, 2007), and during the third season on August 10 (72 FR
45697, August 15, 2007). Trawling during the second season closed for
the shallow-water species category on June 4 (72 FR 31472, June 7,
2007), and during the third second season on August 10 (72 FR 45697,
August 15, 2007). To prevent exceeding the fourth season halibut PSC
[[Page 68821]]
limit for the shallow-water species category, directed fishing using
trawl gear was limited to three 12-hour open periods on September 1 (72
FR 49229, August 28, 2007), September 6 (72 FR 51717, September 11,
2007), and September 11 (72 FR 52491, September 14, 2007), and to one
48-hour period beginning September 21 (72 FR 54603, September 26,
2007). Trawling for all groundfish targets (with the exception of
pollock by vessels using pelagic trawl gear) closed for the fifth
season on October 8 (72 FR 57888, October 11, 2007), reopened on
October 10 (72 FR 58261, October 15, 2007) until October 15 (72 FR
59038, October 18, 2007), and reopened on October 22 (72 FR 60586,
October 25, 2007). Fishing for groundfish using hook-and-line gear has
remained open in 2007 as the halibut PSC limit has not been reached (as
of October 11, 2007). The amount of groundfish that trawl gear might
have harvested if halibut PSC limits had not restricted the 2007 season
is unknown.
Expected Changes in Groundfish Stocks and Catch
Proposed 2008 and 2009 ABCs for pollock, Pacific cod, deep-water
flatfish, flathead sole, arrowtooth flounder, Pacific ocean perch, and
pelagic shelf rockfish are higher than those established for 2007 while
the proposed 2008 and 2009 ABCs for rex sole and sablefish are lower
than those established for 2007. For the remaining target species, the
Council recommended that ABC levels remain unchanged from 2007. More
information on these changes is included in the final SAFE report
(November 2006) and in the Council, SSC, and AP minutes from the
October 2007 meeting. These documents are available from the Council
(see ADDRESSES).
In the GOA, the total proposed 2008 and 2009 TAC amounts are
286,173 mt, an increase of 6 percent from the 2007 TAC total of 269,912
mt. Table 9 compares the final 2007 TACs to the proposed 2008 and 2009
TACs.
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Current Estimates of Halibut Biomass and Stock Condition
The most recent halibut stock assessment was conducted by the
International Pacific Halibut Commission (IPHC) in December 2006 for
the 2007 commercial fishery. The 2006 assessment contains substantial
changes from the previous year. Information from ongoing passive
integrated transponder (PIT) tag recoveries, as well as inconsistencies
in the traditional closed-area stock assessments for some areas has
prompted the IPHC to examine stock assessment frameworks. It had been
assumed that once the halibut reached legal commercial size there was
little movement between regulatory areas. PIT tag recoveries indicate
greater movement between regulatory areas than previously thought. In
response to this new information, the IPHC developed a coast wide
assessment based on a single stock. The assessment adopted a coast-wide
harvest rate of 20 percent of the exploitable biomass overall but a
higher rate for some areas with net immigration. The IPHC adopted
harvest rates of 25 percent in Area 2C, 20 percent in Areas 3A, 3B, and
4A, and 15 percent in Areas 4B, C, D, and E for 2007. The current
exploitable halibut biomass in Alaska for 2007 was estimated to be
169,000 mt, down from 189,543 mt in 2006. The female spawning biomass
remains far above the minimum biomass, which occurred in the 1970s.
The exploitable biomass of the Pacific halibut stock peaked at
326,520 mt in 1988. According to the IPHC, the long-
[[Page 68823]]
term average reproductive biomass for the Pacific halibut resource was
estimated at 118,000 mt. Long-term average yield was estimated at
26,980 mt, round weight. The species is fully utilized. Recent average
catches (1994-2006) in the commercial halibut fisheries in Alaska have
averaged 33,970 mt, round weight. Catch in waters off Alaska is 27
percent higher than long-term potential yield for the entire halibut
stock, reflecting the good condition of the Pacific halibut resource.
In January 2007, the IPHC approved Alaska commercial catch limits
totaling 30,368 mt, round weight, in 2007, a 9 percent decrease from
33,421 mt in 2006. Through November 13, 2007, commercial hook-and-line
harvests of halibut off Alaska totaled 26,084 mt, round weight.
Additional information on the Pacific halibut stock assessment may
be found in the IPHC's 2006 Pacific halibut stock assessment (December
2006), available on the IPHC Web site at http://www.iphc.washington.edu.
The IPHC will consider the 2007 Pacific
halibut assessment for 2008 at its January 2007 annual meeting when it
sets the 2008 commercial halibut fishery quotas.
Other Factors
The allowable commercial catch of halibut will be adjusted to
account for the overall halibut PSC mortality limit established for
groundfish fisheries. The 2008 and 2009 groundfish fisheries are
expected to use the entire proposed annual halibut PSC limit of 2,300
mt. The allowable directed commercial catch is determined by first
accounting for recreational and subsistence catch, waste, and bycatch
mortality, and then providing the remainder to the directed fishery.
Groundfish fishing is not expected to affect adversely the halibut
stocks. Methods available for reducing halibut bycatch include: (1)
Publication of individual vessel bycatch rates on the NMFS Alaska
Region Web site at http://www.fakr.noaa.gov, (2) modifications to gear,
(3) changes in groundfish fishing seasons, (4) individual transferable
quota programs, and (5) time/area closures.
Reductions in groundfish TAC amounts provide no incentive for
fishermen to reduce bycatch rates. Costs that would be imposed on
fishermen as a result of reducing TAC amounts depend on the species and
amounts of groundfish foregone.
Under 50 CFR 679.2, the definition of ``Authorized fishing gear''
specifies requirements for biodegradable panels and tunnel openings for
groundfish pots to reduce halibut bycatch. As a result, low bycatch and
mortality rates of halibut in pot fisheries have justified exempting
pot gear from PSC limits.
The regulations at Sec. 679.2 under ``Authorized fishing gear,''
also define ``pelagic trawl gear'' in a manner intended to reduce
bycatch of halibut by displacing fishing effort off the bottom of the
sea floor when certain halibut bycatch levels are reached during the
fishing year. The definition provides standards for physical
conformation and performance of the trawl gear in terms of crab bycatch
(Sec. 679.7(a)(14)). Furthermore, all hook-and-line vessel operators
are required to employ careful release measures when handling halibut
bycatch (Sec. 679.7(a)(13)). These measures are intended to reduce
handling mortality, thereby lowering overall halibut bycatch mortality
in the groundfish fisheries, and to increase the amount of groundfish
harvested under the available halibut mortality bycatch limits.
NMFS and the Council will review the methods available for reducing
halibut bycatch listed here to determine their effectiveness and will
initiate changes, as necessary, in response to this review or to public
testimony and comment.
Halibut Discard Mortality Rates
The Council recommended and NMFS proposes that the halibut discard
mortality rates (DMRs) developed and recommended by the IPHC for the
2008 and 2009 GOA groundfish fisheries be used to monitor the proposed
2008 and 2009 GOA halibut bycatch mortality limits. The IPHC
recommended use of long-term average DMRs for the 2008 and 2009
groundfish fisheries. The IPHC will analyze observer data annually and
recommend changes to the DMRs where a fishery DMR shows large variation
from the mean. Most of the IPHC's assumed DMRs were based on an average
of mortality rates determined from NMFS observer data collected between
1996 and 2005. Long-term average DMRs were not available for some
fisheries, so rates from the most recent years were used. For the
``other species'' and skate fisheries, where insufficient mortality
data are available, the mortality rate of halibut caught in the Pacific
cod fishery for each gear type was recommended as the default rate.
Table 10 lists the proposed 2008 and 2009 DMRs, which are unchanged
from the 2007 DMRs. The DMRs for hook-and-line target fisheries range
from 10 to 14 percent. The DMRs for trawl target fisheries range from
53 to 76 percent. Each DMR for the pot target fisheries is 16 percent.
A copy of the document justifying these DMRs is available from the
Council (see ADDRESSES) and is discussed in Appendix A of the final
2006 SAFE report, dated November 2006.
[[Page 68824]]
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American Fisheries Act (AFA) Catcher Processor and Catcher Vessel
Groundfish Harvest and PSC Limits
Section 679.64 establishes groundfish harvesting and processing
sideboard limits on AFA catcher processors and catcher vessels in the
GOA. These sideboard limits are necessary to protect the interests of
fishermen and processors who do not directly benefit from the AFA from
expansion in their fisheries by those fishermen and processors who
receive exclusive harvesting and processing privileges under the AFA.
Section 679.7(k)(1)(ii) prohibits listed AFA catcher processors from
harvesting any species of fish in the GOA. Additionally, section
679.7(k)(1)(iv) prohibits listed AFA catcher processors from processing
any pollock in the GOA and any groundfish harvested in Statistical Area
630 of the GOA.
AFA catcher vessels that are less than 125 ft (38.1 m) LOA, have
annual landings of pollock in the Bering Sea and Aleutian Islands less
than 5,100 mt, and have made at least 40 GOA groundfish landings from
1995 through 1997 are exempt from GOA sideboard limits under Sec.
679.64(b)(2)(ii). Sideboard limits for non-exempt AFA catcher vessels
operating in the GOA are based on their traditional harvest levels in
groundfish fisheries covered by the GOA FMP. Section 679.64(b)(3)(iii)
establishes the GOA groundfish sideboard limits based on the retained
catch of non-exempt AFA catcher vessels of each sideboard species from
1995 through 1997 divided by the TAC for that species over the same
period. Table 11 lists the proposed 2008 and 2009 groundfish sideboard
limits for non-exempt AFA catcher vessels. All targeted or incidental
catch of sideboard species made by non-exempt AFA catcher vessels will
be deducted from the sideboard limits in Table 11.
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[[Page 68827]]
The PSC sideboard limits for non-exempt AFA catcher vessels in the
GOA are based on the aggregate retained groundfish catch by non-exempt
AFA catcher vessels in each PSC target category from 1995 through 1997
divided by the retained catch of all vessels in that fishery from 1995
through 1997 (Sec. 679.64(b)(4)). Table 12 lists the proposed 2008 and
2009 catcher vessel halibut PSC limits for non-exempt AFA vessels using
trawl gear.
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Non-AFA Crab Vessel Groundfish Sideboard Limits
Section 680.22 establishes groundfish catch limits for vessels with
a history of participation in the Bering Sea snow crab fishery to
prevent these vessels from using the increased flexibility provided by
the Crab Rationalization program to expand their level of participation
in the GOA groundfish fisheries. Sideboard limits restrict a vessel's
harvest to its historical landings in all GOA groundfish fisheries
(except the fixed-gear sablefish fishery). Sideboard limits also apply
to landings made using an LLP license derived from the history of a
restricted vessel, even if that LLP is used on another vessel.
Sideboard limits for non-AFA crab vessels operating in the GOA are
based on their traditional harvest levels of TAC in groundfish
fisheries covered by the GOA FMP. Sections 680.22 (d) and (e) base the
groundfish sideboard limits in the GOA on the retained catch by non-AFA
crab vessels of each sideboard species from 1996 through 2000 divided
by the total retained harvest of that species over the same period.
Table 13 lists these proposed 2008 and 2009 groundfish sideboard limits
for non-AFA crab vessels. All targeted or incidental catch of sideboard
species made by non-AFA crab vessels will be deducted from the
sideboard limits in Table 13.
Vessels exempt from Pacific cod sideboards are those that landed
less than 45,359 kilograms of Bering Sea snow crab and more than 500 mt
of groundfish (in round weight equivalents) from the GOA between
January 1, 1996 and December 31, 2000, and any vessel named on an LLP
that was generated in whole or in part by the fishing history of a
vessel meeting the criteria in Sec. 680.22(a)(3).
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[[Page 68829]]
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Rockfish Program Groundfish Sideboard Limitations and Halibut Mortality
Limitations
The Rockfish Program establishes sideboards to limit the ability of
participants eligible for the Rockfish Program to harvest fish in
fisheries other than the Central GOA rockfish fisheries. The Rockfish
Program provides certain economic advantages to harvesters. Harvesters
could use this economic advantage to increase their participation in
other fisheries, adversely affecting the participants in other
fisheries. The proposed sideboards for 2008 and 2009 limit the total
amount of catch in other groundfish fisheries that could be taken by
eligible harvesters and limit the amount of halibut mortality to
historic levels. The sideboard measures are in effect only during the
month of July. Traditionally, the Central GOA rockfish fisheries opened
in July. The sideboards are designed to restrict fishing during the
historical season for the fishery, but allow eligible rockfish
harvesters to participate in fisheries before or after the historical
rockfish season. The sideboard provisions are discussed in detail in
the proposed rule (71 FR 33040, June 7, 2006) and final rule (71 FR
67210, November 20, 2006) for the Rockfish Program. Table 14 lists the
proposed 2008 and 2009 Rockfish Program harvest limits in the WYK
District and the Western GOA. Table 15 lists the proposed 2008 and 2009
Rockfish Program halibut mortality limits for catcher processors and
catcher vessels.
[[Page 68830]]
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Gulf of Alaska Amendment 80 Vessel Groundfish Harvest and PSC Limits
Section 679.92 establishes groundfish harvesting sideboard limits
on all Amendment 80 program vessels, other than the F/V GOLDEN FLEECE,
to amounts no greater than the limits shown in Table 37 to part 679.
Sideboard limits in the GOA are proposed for pollock in the Western and
Central Regulatory Areas and in the WYK District, for Pacific cod
gulfwide, for Pacific ocean perch and pelagic shelf rockfish in the
Western Regulatory Area and WYK District, and for northern rockfish in
the Western Regulatory Area. 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 Central GOA Rockfish
Program. Amendment 80 program vessels not qualified under the Rockfish
Program are excluded from directed fishing for these rockfish species
in the Central GOA. Under regulations, 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.
These sideboard limits are necessary to protect the interests of
fishermen who do not directly benefit from the Amendment 80 program
from expansion into their fisheries by the program's participants.
Groundfish sideboard limits for Amendment 80 vessels operating in
the GOA are based on their average aggregate harvests from 1998 to
2004. Table 16 lists the proposed 2008 and 2009 sideboard limits for
Amendment 80 vessels. All targeted or incidental catch of sideboard
species made by Amendment 80 vessels will be deducted from the
sideboard limits in Table 16.
[[Page 68831]]
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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 17 lists the proposed 2008 and 2009
halibut PSC limits for Amendment 80 vessels.
[[Page 68832]]
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Classification
NMFS has determined that the proposed specifications are consistent
with the FMP and preliminarily determined that the proposed
specifications are consistent with the Magnuson-Stevens Act and other
applicable laws.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
NMFS prepared a Final EIS for this action 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 from NMFS (see
ADDRESSES). The Final EIS analyzes the environmental consequences of
the proposed action and its alternatives on resources in the action
area. The Final EIS found no significant environmental consequences
from the proposed action or its alternatives.
NMFS also prepared an Initial Regulatory Flexibility Analysis
(IRFA) as required by Section 603 of the Regulatory Flexibility Act.
The IRFA evaluates the impacts on small entities of alternative harvest
strategies for the groundfish fisheries in the Exclusive Economic Zone
(EEZ) off of Alaska. While the specification numbers may change from
year to year, the harvest strategy for establishing those numbers
remains the same. NMFS therefore is using the same IRFA prepared in
connection with the EIS. NMFS published notice of the availability of
the IRFA and its summary in the classification section of the proposed
harvest specifications for the groundfish fisheries in the BSAI in the
Federal Register on December 15, 2006 (71 FR 75460). The comment period
on the BSAI proposed harvest specifications and IRFA ended on January
16, 2007. NMFS did not receive any comments on the IRFA.
A description of the action, why it is being considered, and the
legal basis for this action are contained in the preamble above. This
IRFA meets the statutory requirements of the Regulatory Flexibility Act
of 1980, as amended by the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601-612). A copy of this analysis is
available from NMFS (see ADDRESSES). A summary of the IRFA follows.
The action under consideration is a harvest strategy to govern the
catch of groundfish in the BSAI. The preferred alternative is the
status quo harvest strategy in which TACs fall within the range of ABCs
recommended by the Council's harvest specification process and TACs
recommended by the Council. This action is taken in accordance with the
FMP prepared by the Council pursuant to the Magnuson-Stevens Act.
The directly regulated small entities include approximately 747
small catcher vessels and less than 20 small catcher processors. The
entities directly regulated by this action are those that harvest
groundfish in the EEZ of the GOA, and in parallel fisheries within
State of Alaska waters. These include entities operating catcher
vessels and catcher processor vessels within the action area, and
entities receiving direct allocations of groundfish. Catcher vessels
and catcher processors were considered to be small entities if they had
annual gross receipts of $4 million per year or less from all economic
activities, including the revenue of their affiliated operations. Data
from 2005 were the most recent available to determine the number of
small entities.
Estimates of first wholesale gross revenues for the GOA were used
as indices of the potential impacts of the alternative harvest
strategies on small entities. An index of revenues were projected to
decline under the preferred alternative due to declines in ABCs for key
species in the GOA. The index of revenues declined by less than 4
percent between 2006 and 2007 and by less than one percent between 2006
and 2008.
The preferred alternative (Alternative 2) was compared to four
other alternatives. These included Alternative 1, which would have set
TACs to generate fishing rates equal to the maximum permissible ABC (if
the full TAC were harvested), unless the sum of TACs exceeded the GOA
OY, in which case harvests would be limited to the OY. Alternative 3
would have set TACs to produce fishing rates equal to the most recent
five-year average fishing rate. Alternative 4 would have set TACs to
equal the lower limit of the GOA OY range. Alternative 5 would have set
TACs equal to zero. Alternative 5 is the ``no action'' alternative.
Alternatives 3, 4, and 5 were all associated with smaller levels
for important fishery TACs than Alternative 2. Estimated total first
wholesale gross revenues were used as an index of potential adverse
impacts to small entities. As a consequence of the lower TAC levels,
Alternatives 3, 4, and 5 all had smaller of these first wholesale
revenue indices than Alternative 2.
[[Page 68833]]
Thus, Alternatives 3, 4, and 5 had greater adverse impacts on small
entities. Alternative 1 appeared to generate higher values of the gross
revenue index for fishing operations in the GOA than Alternative 2. A
large part of the Alternative 1 GOA revenue appears to be due to the
assumption that the full Alternative 1 TAC would be harvested. Much of
the larger revenue is due to increases in flatfish TACs that were much
greater for Alternative 1 than for Alternative 2. In recent years,
halibut bycatch constraints in these fisheries have kept actual
flatfish catches from reaching Alternative 1 levels. Therefore, a large
part of the revenues associated with Alternative 1 are unlikely to
occur. Also, Alternative 2 TACs are constrained by the ABCs the Plan
Teams and SSC are likely to recommend to the Council on the basis of a
full consideration of biological issues. These ABCs are often less than
Alternative 1's maximum permissible ABCs. Therefore higher TACs under
Alternative 1 may not be consistent with prudent biological management
of the resource. For these reasons, Alternative 2 is the preferred
alternative.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
Adverse impacts on marine mammals resulting from fishing activities
conducted under this rule are discussed in the Final EIS (see
ADDRESSES).
Authority: 16 U.S.C. 773 et seq., 1801 et seq., 3631 et seq;
Pub. L. 108-447.
Dated: November 29, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 07-5940 Filed 12-5-07; 8:45 am]
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