Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20773 

§ 635.27 Quotas. 

* * * * * 

(b) * * * 

(1) * * * 

(i) Fishing seasons. The commercial 

quotas for large coastal sharks, small 

coastal sharks, and pelagic sharks will 

be split among three fishing seasons: 

January 1 through April 30, May 1 

through August 31, and September 1 

through December 31. NMFS may 

consider merging any of the fishing 

seasons pursuant to paragraph (b)(1)(vi) 

of this section. 

* * * * * 

(iv) Small coastal sharks. The annual 

commercial quota for small coastal 

sharks is 454 mt dw, unless adjusted 

pursuant to paragraph (b)(1)(vi) of this 

section. This annual quota is split 

among the regions as follows: 48 percent 

to the Gulf of Mexico, 49 percent to the 

South Atlantic, and 3 percent to the 

North Atlantic. 

* * * * * 

(vi) * * * 

(A) NMFS will adjust the next year’s 

fishing season quotas for large coastal, 

small coastal, and pelagic sharks to 

reflect actual landings during any 

fishing season in any particular region. 

For example, a commercial quota 

underharvest or overharvest in the 

fishing season in one region that begins 

January 1 will result in an equivalent 

increase or decrease in the following 

year’s quota for that region for the 

fishing season that begins January 1. 

NMFS may consider merging any of the 

fishing seasons and relevant quotas in 

any region when there is limited 

available quota in one or more seasons. 

* * * * * 

[FR Doc. E7–8029 Filed 4–25–07; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01; I.D. 

042007A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish 

and Pelagic Shelf Rockfish for Trawl 

Catcher Vessels Participating in the 

Rockfish Entry Level Fishery in the 

Central Regulatory Area of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for northern rockfish and pelagic 

shelf rockfish for trawl catcher vessels 

participating in the rockfish entry level 

fishery in the Central Regulatory Area of 

the Gulf of Alaska (GOA). This action is 

necessary to prevent exceeding the 2007 

total allowable catch (TAC) of northern 

rockfish and pelagic shelf rockfish 

allocated to trawl catcher vessels 

participating in the rockfish entry level 

fishery in the Central Regulatory Area of 

the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 24, 2007, through 

2400 hrs, A.l.t., September 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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. 

In accordance with § 679.83(a)(1)(i), 

allocations of entry level rockfish to 

trawl catcher vessels participating in the 

rockfish entry level fishery in the 

Central Regulatory Area are first made 

from the Pacific ocean perch TAC. 

Trawl catcher vessels participating in 

the rockfish entry level program are 

allocated northern rockfish and pelagic 

shelf rockfish only if the amount of 

Pacific ocean perch available for 

allocation is less than the total 

allocation allowable for the trawl 

catcher vessels. NMFS has determined 

that the 2007 TAC of Pacific ocean 

perch meets or exceeds the total 

allocation of rockfish allowable for the 

trawl catcher vessels. Therefore, the 

2007 TACs of northern rockfish and 

pelagic shelf rockfish allocated to trawl 

catcher vessels participating in the entry 

level rockfish fishery in the Central 

Regulatory Area are 0 mt. 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2007 TACs of 

northern rockfish and pelagic shelf 

rockfish allocated to trawl catcher 

vessels participating in the entry level 

rockfish fishery in the Central 

Regulatory Area will be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 0 mt. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for northern rockfish 

and pelagic shelf rockfish for trawl 

catcher vessels participating in the 

rockfish entry level fishery in the 

Central Regulatory Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 

delay the closure of northern rockfish 

and pelagic shelf rockfish for trawl 

catcher vessels participating in the 

rockfish entry level fishery in the 

Central Regulatory Area of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of April 20, 

2007. 

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. 

This action is required by § 679.20 

and § 679.83 and is exempt from review 

under Executive Order 12866. 

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

Dated: April 23, 2007. 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–2063 Filed 4–23–07; 2:10 pm] 

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