[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Rules and Regulations]
[Pages 43564-43565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3829]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XB81


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch 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.

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SUMMARY:  NMFS is prohibiting directed fishing for Pacific ocean perch 
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 Pacific ocean perch 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.), August 1, 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

[[Page 43565]]

Plan for Groundfish 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 50 CFR part 679.
    In accordance with Sec.  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.
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2007 TAC 
of Pacific ocean perch allocated to trawl catcher vessels participating 
in the entry level rockfish fishery in the Central Regulatory Area will 
soon be reached. Therefore, the Regional Administrator is establishing 
a directed fishing allowance of 347 mt, and is setting aside the 
remaining 0 mt as bycatch to support other anticipated groundfish 
fisheries. In accordance with Sec.  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 allocated to trawl catcher vessels participating in the 
entry level rockfish fishery in the Central Regulatory Area.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  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 Pacific ocean perch 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 July 31, 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 Sec.  679.20 and Sec.  679.83 and is 
exempt from review under Executive Order 12866.

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

    Dated: August 1, 2007.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-3829 Filed 8-1-07; 2:17 pm]
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