Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Rules and Regulations 45697 

Section 648.4(b) provides that Federal 

spiny dogfish permit holders agree, as a 

condition of the permit, not to land 

spiny dogfish in any state after NMFS 

has published notification in the 

Federal Register that the commercial 

quota has been harvested and that no 

commercial quota for the spiny dogfish 

fishery is available. Therefore, effective 

0001 hr local time, August 14, 2007, 

landings of spiny dogfish in coastal 

states from Maine through Florida by 

vessels holding commercial Federal 

fisheries permits are prohibited through 

October 31, 2007, 2400 hr local time. 

The 2007 Period 2 quota will be 

available for commercial spiny dogfish 

harvest on November 1, 2007. Effective 

August 14, 2007, federally permitted 

dealers are also advised that they may 

not purchase spiny dogfish from vessels 

issued Federal spiny dogfish permits 

that land in coastal states from Maine 

through Florida. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

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

Dated: August 9, 2007 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–3993 Filed 8–10–07; 2:48 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–XB96 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Shallow-water 

Species Fishery by Vessels Using 

Trawl Gear in 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 species that comprise the 

shallow-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the third seasonal 

apportionment of the 2007 Pacific 

halibut bycatch allowance specified for 

the shallow-water species fishery in the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 10, 2007, through 

1200 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 

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 third seasonal apportionment of 

the 2007 Pacific halibut bycatch 

allowance specified for the shallowwater species fishery in the GOA is 200 

metric tons as established by the 2007 

and 2008 harvest specifications for 

groundfish of the GOA (72 FR 9676, 

March 5, 2007), for the period 1200 hrs, 

A.l.t., July 1, 2007, through 1200 hrs, 

A.l.t., September 1, 2007. 

In accordance with § 679.21(d)(7)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the third 

seasonal apportionment of the 2007 

Pacific halibut bycatch allowance 

specified for the trawl shallow-water 

species fishery in the GOA has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for the 

shallow-water species fishery by vessels 

using trawl gear in the GOA. 

The species and species groups that 

comprise the shallow-water species 

fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka 

mackerel, skates and ‘‘other species.’’

This closure does not apply to fishing 

by vessels participating in the 

cooperative fishery in the Rockfish Pilot 

Program for the Central 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 

data in a timely fashion and would 

delay the closure of the shallow-water 

species fishery by vessels using trawl 

gear 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 August 9, 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 9, 2007. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–3994 Filed 8–10–07; 2:48 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–XC02 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Deep-water Species 

Fishery by Vessels Using Trawl Gear in 

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 species that comprise the 

deep-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the third seasonal apportionment of the 

2007 Pacific halibut bycatch allowance 

specified for the deep-water species 

fishery in the GOA has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 10, 2007, through 

1200 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 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 


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