Comment from Kirsten Ronholt

September 9, 2011 Glenn Merrill Assistant Regional Administrator Sustainable Fisheries Division NMFS – Alaska Region PO Box 21668 Juneau, AK 99802 Re: RIN 0648-AY53 Dear Assistant Regional Administrator Merill: NMFS is currently considering, and should support, the proposed rulemaking on Pacific Cod Allocations in the Gulf of Alaska, Docket No. 100107012-1352-02, to amend 50 CFR §§ 679, 680. If approved, this amendment would allocate the Western and Central GOA Pacific cod total allowable catch limits among various gear and operational sectors, 76 FR 143,44700, reducing competition among various sectors and supporting stability in the Pacific cod fishery. More importantly, the rule promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan, and other applicable laws. The Steller Sea Lion, a species considered endangered in its western discrete population segment (DPS) , depends on the health and stability of Pacific fisheries for its continued survival and viability as a species. Upholding this rule as it is protects the critical habitat necessary for the continued survival of the Steller sea lion. Adverse modification of the critical habitat will occur if further opening of the sensitive Pacific cod population to industry pressures is permitted. It is the statutory duty of NMFS to adhere to the Maguson-Stevenson Act and protect the future viability of the Steller sea lion by appropriate regulation of the Pacific cod fishery. Though reviewers of this comment are likely to be familiar with the Endangered Species Act, it is useful to recapitulate some important concepts. Under the Endangered Species Act, “critical habitat” is defined as the specific geographical area occupied by the species where the physical or biological features essential to the conservation of the species exist, 16 U.S.C. § 1532(5)(a)(i), as well as specific areas outside the geographical area occupied by the species when