Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations 43565 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 § 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 § 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 

§ 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 

§ 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 § 679.20 

and § 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] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XB79 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

and Pelagic Shelf Rockfish in the 

Western Regulatory Area in the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific ocean perch and 

pelagic shelf rockfish in the Western 

Regulatory Area in the Gulf of Alaska 

(GOA). This action is necessary to fully 

use the 2007 total allowable catch (TAC) 

of Pacific ocean perch and pelagic shelf 

rockfish in the Western Regulatory Area 

in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 1, 2007, through 

1200 hrs, A.l.t., December 31, 2007. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., August 16, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. Comments may be 

submitted by: 

Mail to: P.O. Box 21668, Juneau, AK 

99802; 

Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

FAX to 907–586–7557; 

E-mail to inseason.fakr@noaa.gov and 

include in the subject line of the e-mail 

the document identifier: 

wgpopre.fo.wpd (E-mail comments, 

with or without attachments, are limited 

to 5 megabytes); or 

Webform at the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Follow the instructions at that site for 

submitting comments. 

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 Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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. 

NMFS closed the Pacific ocean perch 

fishery in the Western Regulatory Area 

in the GOA under § 679.20(d)(1)(iii) on 

July 22, 2007 (72 FR 40772, July 25, 

2007) and the pelagic shelf rockfish 

fishery in the Western Regulatory Area 

in the GOA on July 23, 2007 (72 FR 

40773, July 25, 2007). 

NMFS has determined that as of July 

31, 2007 approximately 790 mt remain 

in the 2007 Pacific ocean perch directed 

fishing allowance and 939 mt remain in 

the 2007 pelagic shelf rockfish directed 

fishing allowance in the Western 

Regulatory Area in the GOA. Therefore, 

in accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C) and (a)(2)(iii)(D), and to fully 

utilize the 2007 TAC of Pacific ocean 

perch and pelagic shelf rockfish in the 

Western Regulatory Area in the GOA, 

NMFS is terminating the previous 

closure and is reopening directed 

fishing for Pacific ocean perch and 

pelagic shelf rockfish in the Western 

Regulatory Area in the GOA. 

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 


cprice-sewell on PROD1PC62 with RULES
43566 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations 

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 opening of the Pacific ocean 

perch and pelagic shelf rockfish 

fisheries in the Western Regulatory Area 

in 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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Pacific ocean perch and pelagic shelf 

rockfish in the Western Regulatory Area 

in the GOA to be harvested in an 

expedient manner and in accordance 

with the regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

August 16, 2007. 

This action is required by § 679.25 

and § 679.20 and is exempt from review 

under Executive Order 12866. 

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

Dated: July 31, 2007. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–3828 Filed 8–1–07; 2:17 pm] 

BILLING CODE 3510–22–S 


cprice-sewell on PROD1PC62 with RULES