Federal Register / Vol. 72, No. 140 / Monday, July 23, 2007 / Rules and Regulations 40081 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: July 18, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–3565 Filed 7–18–07; 2:01 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XB59 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the West Yakutat District of the Gulf 

of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; prohibition of 

retention. 

SUMMARY: NMFS is prohibiting retention 

of Pacific ocean perch in the West 

Yakutat District of the Gulf of Alaska 

(GOA). NMFS is requiring that Pacific 

ocean perch in this area be treated in the 

same manner as prohibited species and 

discarded at sea with a minimum of 

injury. This action is necessary because 

the 2007 total allowable catch (TAC) of 

Pacific ocean perch in this area has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 18, 2007, until 2400 

hrs, A.l.t., December 31, 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 the Groundfish Fishery of the 

Gulf of Alaska (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 CFR part 679. 

The 2007 TAC of Pacific ocean perch 

in the West Yakutat District of the GOA 

is 1,140 metric tons as established by 

the 2007 and 2008 harvest specifications 

for groundfish of the GOA (72 FR 9676, 

March 5, 2007). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the 2007 TAC of 

Pacific ocean perch in the West Yakutat 

District of the GOA has been reached. 

Therefore, NMFS is requiring that 

Pacific ocean perch in the West Yakutat 

District of the GOA be treated as 

prohibited species in accordance with 

§ 679.21(b). 

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 prohibition of retention of 

Pacific ocean perch in the West Yakutat 

District 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 July 17, 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 is exempt from review under 

Executive Order 12866. 

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

Dated: July 18, 2007. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–3566 Filed 7–18–07; 2:01 pm] 

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