Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Rules and Regulations 37677 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

Nantucket Lightship Scallop Access 

Area (NLCA) will close to general 

category scallop vessels for the 

remainder of the 2007 scallop fishing 

year. This action is based on the 

determination that 394 general category 

scallop trips into the NLCA are 

projected to be taken as of 0001 hr local 

time, July 8, 2007. This action is being 

taken to prevent the allocation of 

general category trips in the NLCA from 

being exceeded during the 2007 fishing 

year, in accordance with the regulations 

implementing Framework 18 to the 

Atlantic Sea Scallop Fishery 

Management Plan (FMP) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

DATES: The closure is effective from 

0001 hours, July 8, 2007, through 

February 29, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Silva, Fishery Management 

Specialist, (978) 281–9326, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the Sea Scallop Access Areas are found 

at §§ 648.59 and 648.60. Regulations 

specifically governing general category 

scallop vessel operations in the NLCA 

are specified at § 648.59(d)(5)(ii). These 

regulations authorize vessels issued a 

valid general category scallop permit to 

fish in the NLCA under specific 

conditions, including a cap of 394 trips 

that may be taken by general category 

vessels during the 2007 fishing year. 

The regulations at § 648.59(d)(5)(ii) 

require the NLCA to be closed to general 

category scallop vessels once the 

Northeast Regional Administrator has 

determined that the allowed number of 

trips are projected to be taken. 

Based on Vessel Monitoring System 

(VMS) trip declarations by general 

category scallop vessels fishing in the 

NLCA, and analysis of fishing effort, a 

projection concluded that, given current 

activity levels by general category 

scallop vessels in the area, the trip cap 

will be attained on July 7, 2007. 

Therefore, in accordance with 

§ 648.59(d)(5)(ii), the NLCA is closed to 

all general category scallop vessels as of 

0001 hr local time, July 8, 2007. No 

general category scallop vessel may 

declare or initiate a trip into this area. 

This closure is in effect for the 

remainder of the 2007 scallop fishing 

year. The NLCA is scheduled to re-open 

to scallop fishing, including trips for 

general category scallop vessels, on June 

15, 2009, unless the schedule for scallop 

access areas is modified by the New 

England Fishery Management Council. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Due to the need to take immediate 

action to close the NLCA once the 

allowed number of trips have been 

taken, pursuant to 5 U.S.C. 553(b)(3) 

proposed rulemaking is waived because 

it would be impracticable and contrary 

to the public interest to allow a period 

for public comment. The NLCA opened 

for the 2007 fishing year at 0001 hours 

on June 15, 2007. Data indicating the 

general category scallop fleet has taken 

all of the NLCA trips have only recently 

become available. To allow general 

category scallop vessels to continue to 

take trips in the NLCA during the period 

necessary to publish and receive 

comments on a proposed rule would 

result in vessels taking much more than 

the allowed number of trips in the 

NLCA. Excessive trips and harvest from 

the NLCA would result in excessive 

fishing effort in the NLCA, where effort 

controls are critical, thereby 

undermining conservation objectives of 

the FMP. Should excessive effort occur 

in the NLCA, future management 

measures would need to be more 

restrictive. Furthermore, for the same 

reasons, there is good cause under 5 

U.S.C 553(d)(3) to waive the 30-day 

delayed effectiveness period for this 

action. 

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

Dated: July 6, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–3378 Filed 7–6–07; 2:39 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XB33 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Eastern Aleutian District of 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 prohibiting directed 

fishing for Pacific ocean perch in the 

Eastern Aleutian District of the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

prevent exceeding the 2007 Pacific 

ocean perch total allowable catch (TAC) 

in the Eastern Aleutian District of the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 6, 2007, through 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 

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 2007 Pacific ocean perch TAC in 

the Eastern Aleutian District of the BSAI 

is 4,598 metric tons (mt) as established 

by the 2007 and 2008 final harvest 

specifications for groundfish in the 

BSAI (72 FR 9451, March 2, 2007). 

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

the Administrator, Alaska Region, 

NMFS, has determined that the 2007 

Pacific ocean perch TAC in the Eastern 

Aleutian District of the BSAI will soon 

be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 4,298 mt, and is 

setting aside the remaining 300 mt as 

bycatch to support other anticipated 

groundfish fisheries. 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 Pacific ocean perch 

in the Eastern Aleutian District of 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 


rfrederick on PROD1PC67 with RULES
37678 Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Rules and Regulations 

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 Pacific ocean perch 

in the Eastern Aleutian District of 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 July 5, 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 5, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–3375 Filed 7–6–07; 2:39 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060511126–7122–05; I.D. 

050306E] 

RIN 0648–AT71 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Allocating Gulf of 

Alaska Fishery Resources 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule 

for the Central Gulf of Alaska (GOA) 

rockfish fisheries to revise monitoring 

and enforcement (M&E) provisions 

related to catcher/processor vessels 

harvesting under the opt-out fishery, 

and to make changes to regulations 

governing the rockfish fisheries. This 

action is necessary to clarify procedures 

and to correct discrepancies in a 

November 20, 2006, final rule. This final 

rule is intended to promote the goals 

and objectives of the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (FMP), the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), and other applicable law. 

DATES: Effective on August 10, 2007. 

ADDRESSES: Copies of Amendment 68; 

the Environmental Assessment/ 

Regulatory Impact Review/Initial 

Regulatory Flexibility Analysis (EA/ 

RIR/IRFA) prepared for Amendment 68; 

and Final Regulatory Flexibility 

Analysis (FRFA) prepared for 

Amendment 68 may be obtained from 

the NMFS Alaska Region, P.O. Box 

21668, Juneau, AK 99802, Attn: Ellen 

Sebastian, and on the NMFS Alaska 

Region website at http:// 

www.fakr.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jason Anderson, 907–586–7228, or 

jason.anderson@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In January 2004 the U.S. Congress 

amended section 313(j) of the 

Magnuson-Stevens Act through the 

Consolidated Appropriations Act of 

2004 (Public Law 108 199, section 802). 

As amended, the Magnuson-Stevens Act 

authorizes the Secretary of Commerce to 

establish a limited access privilege 

program for the Central GOA rockfish 

fisheries (Program), developed in 

coordination with the North Pacific 

Fishery Management Council (Council). 

The Council recommended Amendment 

68 to the FMP for groundfish in the 

GOA on June 6, 2005, to make the 

Program effective. 

NMFS published a notice of 

availability for Amendment 68 on May 

15, 2006 (71 FR 27984). On June 7, 

2006, NMFS published a proposed rule 

to implement Amendment 68 and the 

Program (71 FR 33040). The Secretary 

approved Amendment 68 on August 11, 

2006. NMFS published a final rule to 

implement Amendment 68 on 

November 20, 2006 (71 FR 67210). 

The Program provides exclusive 

harvesting and processing privileges for 

a specific set of rockfish species and 

associated species harvested 

incidentally to those rockfish in the 

Central GOA an area between 147° W. 

longitude and 159° W. longitude. A 

detailed overview of the Program is 

provided in the preamble to the 

proposed rule (71 FR 33040; June 7, 

2006) and is not repeated here. 

However, a component of the Program 

allows holders of License Limitation 

Program (LLP) licenses that are assigned 

rockfish quota share (QS) for the 

catcher/processor sector to opt-out of 

many of the aspects of the Program (optout fishery). Participants in the opt-out 

fishery are subject to harvest limitations, 

called sideboard limits, during the 

month of July. Sideboard limits 

applicable to participants in the opt-out 

fishery include measures to limit catch 

of specific groundfish species to historic 

levels, and limits on the amount of 

Pacific halibut bycatch, specifically 

termed prohibited species catch (PSC). 

NMFS requires a suite of M&E 

provisions for participants in the optout fishery to ensure they do not exceed 

their sideboard limits. 

Need for Corrections to the November 

20, 2006, Final Rule 

NMFS seeks to ensure that the 

November 20, 2006, final rule (71 FR 

67210) conforms to the intent of the 

Program, and to provide clarification 

regarding the Program’s regulatory 

requirements. 

Regulatory Intent Clarification 

In the proposed rule to implement 

Amendment 68 (71 FR 33040; June 7, 

2006), NMFS detailed the M&E 

provisions that would apply to 

participants in the opt-out fishery. The 

proposed suite of M&E provisions 

applicable to the opt-out fishery 

included requirements that each haul 

must be weighed separately, all catch 

must be made available for sampling by 

a NMFS-certified observer (see proposed 

regulatory text at § 679.84(c)(1); 71 FR 

33096), and that the vessel has no more 

than one operational line or other 

conveyance for the mechanized 

movement of catch between the scale 

used to weigh total catch and the 

location where the observer collects 

species composition samples (see 

proposed regulatory text at 

§ 679.84(c)(4); 71 FR 33096). The 

proposed rule would have required that 

all catcher/processor vessels in the optout fishery be subject to these M&E 

requirements during July. The effect of 

the full suite of these M&E requirements 

on the regulated industry and the 

environment was analyzed in the draft 

EA/RIR/IRFA prepared for the proposed 

rule to implement the Program. 

In response to public comment 

received on the proposed rule, NMFS 

modified the M&E provisions that apply 

to the opt-out fishery. The modifications 

were detailed in the preamble to the 

final rule. Specifically, NMFS noted 

these changes in the Summary of 

Changes section to the preamble (71 FR 

67213) and in its response to comment 

90 (71 FR 67229). NMFS also analyzed 

the effect of the revised M&E provisions 

for the opt-out fishery in the final EA/ 

RIR and FRFA prepared for the Program 

final rule (see ADDRESSES). The 

preamble to the final rule clearly 

indicated that NMFS intended to 


rfrederick on PROD1PC67 with RULES