44794 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XB87 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Yellowfin Sole by 

Vessels Using Trawl Gear in 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 closing directed 

fishing for yellowfin sole by vessels 

using trawl gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2007 halibut 

bycatch allowance specified for the 

trawl yellowfin sole fishery category in 

the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

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

1200 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 halibut bycatch allowance 

specified for the trawl yellowfin sole 

fishery category in the BSAI is 936 

metric tons as established by the 2007 

and 2008 final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 

March 2, 2007). 

In accordance with § 679.21(e)(7)(v), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2007 

halibut bycatch allowance specified for 

the trawl yellowfin sole fishery category 

in the BSAI has been reached. 

Consequently, NMFS is closing directed 

fishing for yellowfin sole by vessels 

using trawl gear in 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 directed fishing for 

yellowfin sole by vessels using trawl 

gear in 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 August 3, 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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 6, 2007. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–3892 Filed 8–6–07; 2:03 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–XB86 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Western Regulatory Area of the 

Gulf of Alaska 

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 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 in the Western Regulatory Area of 

the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 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 

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. 

The 2007 TAC of Pacific ocean perch 

in the Western Regulatory Area of the 

GOA is 4,244 metric tons (mt) 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)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2007 TAC of Pacific 

ocean perch in the Western Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 4,234 mt, and is setting 

aside the remaining 10 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 Regulatory Area of the 

GOA. 

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 


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