Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Rules and Regulations 32559 

(c) * * * 

(4) A certified at-sea observer is on 

board, as required by § 648.11(g). 

* * * * * 

(e) * * * 

(3) * * * 

(iii) A certified at-sea observer is on 

board, as required by § 648.11(g). 

* * * * * 

■ 6. In § 648.55, paragraph (e)(31) is 

revised, and paragraph (e)(32) is added 

to read as follows: 

* * * * * 

§ 648.55 Framework adjustments to 

management measures. 

(e) * * * 

(31) Modifications to provisions 

associated with observer set-asides; 

observer coverage; observer deployment; 

observer service provider; and/or the 

observer certification regulations. 

(32) Any other management measures 

currently included in the FMP. 

* * * * * 

■ 7. In § 648.60, paragraph (a)(2) is 

revised to read as follows: 

§ 648.60 Sea scallop area access program 

requirements. 

(a) * * * 

(2) Vessels participating in the Sea 

Scallop Access Area Program must 

comply with the trip declaration 

requirements specified in § 648.10(b)(4) 

and vessel notification requirements 

specified in § 648.11(g) for observer 

deployment. 

* * * * * 

[FR Doc. 07–2928 Filed 6–8–07; 2:52 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XA75 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Yellowfin Sole by 

Vessels Using Trawl Gear in the Bering 

Sea and Aleutian Islands Management 

Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing directed 

fishing for yellowfin sole by vessels 

using trawl gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the third seasonal 

allowance of the 2007 halibut bycatch 

allowance specified for the trawl 

yellowfin sole fishery category in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), June 10, 2007, through 

1200 hrs, A.l.t., July 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

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 third seasonal allowance of the 

2007 halibut bycatch allowance 

specified for the trawl yellowfin sole 

fishery category in the BSAI is 49 metric 

tons as established by the 2007 and 

2008 final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 

March 2, 2007). 

In accordance with § 679.21(e)(7)(v), 

the Administrator, Alaska Region, 

NMFS, has determined that the third 

seasonal allowance of the 2007 halibut 

bycatch allowance specified for the 

trawl yellowfin sole fishery category in 

the BSAI has been reached. 

Consequently, NMFS is closing directed 

fishing for yellowfin sole by vessels 

using trawl gear in the BSAI. 

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 directed fishing for 

yellowfin sole by vessels using trawl 

gear in the BSAI. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of June 7, 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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: June 7, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–2927 Filed 6–8–07; 2:52 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070209029–7118–02; I.D. 

112906A] 

RIN 0648–AU58 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Groundfish Observer 

Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

amend regulations implementing the 

North Pacific Groundfish Observer 

Program (Observer Program). This 

action is necessary to avoid expiration 

of these regulations on December 31, 

2007, and ensure uninterrupted 

observer coverage in North Pacific 

groundfish fisheries. This action is 

intended to promote the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

and the Fishery Management Plan for 

Groundfish of the Gulf of Alaska 

(FMPs). 

DATES: Effective on July 13, 2007. 

ADDRESSES: Copies of the final 

Environmental Assessment/Regulatory 

Impact Review/Final Regulatory 

Flexibility Analysis (EA/RIR/FRFA) 

prepared for this action may be obtained 

from the NMFS Alaska Region, P.O. Box 

21668, Juneau, AK 99802, Attn: Ellen 

Sebastian, and on the NMFS Alaska 


sroberts on PROD1PC70 with RULES