40080 Federal Register / Vol. 72, No. 140 / Monday, July 23, 2007 / Rules and Regulations 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a letter to permit 

holders that also serves as the small 

entity compliance guide was prepared 

and will be sent to all holders of Federal 

party/charter permits issued for the 

scup fisheries. In addition, copies of this 

final rule and the small entity 

compliance guide are available from 

NMFS (see ADDRESSES) and at the 

following website: http:// 

www.nero.noaa.gov. 

This final rule does not duplicate, 

overlap, or conflict with any relevant 

Federal rules. 

There are no new reporting or 

recordkeeping requirements contained 

in any of the alternatives considered for 

this action. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: July 17, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.127, paragraph (a)(1) is 

revised to read as follows: 

§ 648.127 Framework adjustment to 

management measures. 

(a) * * * 

(1) Adjustment process. The Council 

shall develop and analyze appropriate 

management actions over the span of at 

least two Council meetings. The Council 

must provide the public with advance 

notice of the availability of the 

recommendation(s), appropriate 

justification(s) and economic and 

biological analyses, and the opportunity 

to comment on the proposed 

adjustment(s) at the first meeting and 

prior to and at the second Council 

meeting. The Council’s 

recommendations on adjustments or 

additions to management measures 

must come from one or more of the 

following categories: Minimum fish 

size, maximum fish size, gear 

restrictions, gear restricted areas, gear 

requirements or prohibitions, permitting 

restrictions, recreational possession 

limit, recreational seasons, closed areas, 

commercial seasons, commercial trip 

limits, commercial quota system 

including commercial quota allocation 

procedure and possible quota set asides 

to mitigate bycatch, recreational harvest 

limit, annual specification quota setting 

process, FMP Monitoring Committee 

composition and process, description 

and identification of essential fish 

habitat (and fishing gear management 

measures that impact EFH), description 

and identification of habitat areas of 

particular concern, overfishing 

definition and related thresholds and 

targets, regional gear restrictions, 

regional season restrictions (including 

option to split seasons), restrictions on 

vessel size (LOA and GRT) or shaft 

horsepower, operator permits, any other 

commercial or recreational management 

measures, any other management 

measures currently included in the 

FMP, and set aside quota for scientific 

research. 

* * * * * 

[FR Doc. E7–14164 Filed 7–20–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XB58 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Western 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 

Western 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 Western Aleutian District of the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 18, 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 Western Aleutian District of the 

BSAI is 7,141 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 Western 

Aleutian District of the BSAI will soon 

be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 5,541 mt, and is 

setting aside the remaining 1,600 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 Western 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 

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 Western 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 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. 


pwalker on PROD1PC71 with RULES
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] 

BILLING CODE 3510–22–S 


pwalker on PROD1PC71 with RULES