52492 Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations 

• 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 email the document identifier: 

goaswx4sre2.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. 

The shallow-water fishery in the GOA 

opened for 12 hours on September 1, 

2007 (72 FR 49229, August 28, 2007), 

and reopened again for 12 hours on 

September 6, 2007 (72 FR xxxxx). NMFS 

has determined that approximately 130 

mt remain in the fourth seasonal 

apportionment of the 2007 Pacific 

halibut bycatch allowance specified for 

the shallow-water species fishery in the 

GOA. Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to allow the shallowwater species fishery in the GOA to 

resume, NMFS is terminating the 

previous closure and is reopening 

directed fishing for shallow-water 

species for 12 hours by vessels using 

trawl gear in the GOA, effective 0800 

hrs, A.l.t., September 11, 2007, through 

2000 hrs, A.l.t., September 11, 2007. 

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.’’

Vessels fishing under a cooperative 

quota permit in the cooperative fishery 

in the Rockfish Pilot Program for the 

Central GOA can continue to fish under 

their permit as authorized. 

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 opening 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 September 7, 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 

the shallow-water species fishery 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 

September 26, 2007. 

This action is required by § 679.20 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: September 10, 2007. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–4562 Filed 9–11–07; 3:00 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XC57 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closures and 

openings. 

SUMMARY: NMFS is announcing the 

opening and closing dates of the first 

and second directed fisheries within the 

harvest limit area (HLA) in Statistical 

Areas 542 and 543. This action is 

necessary to conduct directed fishing in 

the HLA in areas 542 and 543 and to 

prevent exceeding the HLA limits 

established for area 542 and area 543 

pursuant to the 2007 Atka mackerel 

total allowable catch. 

DATES: The effective dates are provided 

in Table 1 under the SUPPLEMENTARY

INFORMATION section of this temporary 

action. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

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. 

In accordance with 

§ 679.20(a)(8)(iii)(C), the Regional 

Administrator is opening the first 

directed fisheries for Atka mackerel 

within the HLA in areas 542 and 543, 

48 hours after the closure of the Eastern 

Aleutian District (area 541) and the 

Bering Sea subarea Atka mackerel 

directed fishery, also published in this 

issue. The Regional Administrator has 

established the opening date for the 

second HLA directed fisheries as 48 

hours after the last closure of the first 

HLA fisheries in either area 542 or 543. 

Consequently, NMFS is opening and 

closing directed fishing for Atka 

mackerel in the HLA of areas 542 and 

543 in accordance with the periods 

listed under Table 1 of this notice. 


rmajette on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations 52493 

TABLE 1. EFFECTIVE DATES AND TIMES

Action Area 

Effective Date1

From To 

Closed Atka Mackerel with gears 

other than jig gear 

Eastern Aleutian District (area 

541) and the Bering Sea subarea 

1200 hrs, September 11, 2007 1200 hrs, December 31, 2007 

Opening the first directed fishery 

in the HLA 

542 1200 hrs, September 13, 2007 1200 hrs, September 20, 2007 

543 1200 hrs, September 13, 2007 1200 hrs, September 20, 2007 

Opening the second directed fishery in the HLA 542 1200 hrs, September 22, 2007 1200 hrs, September 29, 2007 

543 1200 hrs, September 22, 2007 1200 hrs, September 29, 2007 

1Alaska local time 

In accordance with 

§ 679.20(a)(8)(iii)(A) and (B), vessels 

using trawl gear for directed fishing for 

Atka mackerel have previously 

registered with NMFS to fish in the HLA 

fisheries in areas 542 and/or 543. NMFS 

has randomly assigned each vessel to 

the directed fishery or fisheries for 

which they have registered. NMFS has 

notified each vessel owner as to which 

fishery each vessel has been assigned by 

NMFS (72 FR 46038, August 16, 2007). 

In accordance with the 2007 and 2008 

final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 

March 2, 2007) and 

§ 679.20(a)(8)(ii)(C)(1), the HLA limits of 

the B season allowance of the 2007 

TACs in areas 542 and 543 are 8,214 mt 

and 2,664 mt, respectively. Based on 

those limits and the proportion of the 

number of vessels in each fishery 

compared to the total number of vessels 

participating in the HLA directed 

fishery for area 542 or 543, the harvest 

limit for each HLA directed fishery in 

areas 542 and 543 are as follows: for the 

first directed fishery in area 542, 4,107 

mt; for the first directed fishery in area 

543, 1,332 mt; for the second directed 

fishery in area 542, 4,107 mt; and for the 

second directed fishery in area 543, 

1,332 mt. In accordance with 

§ 679.20(a)(8)(iii)(E), the Regional 

Administrator has established the 

closure dates of the Atka mackerel 

directed fisheries in the HLA for areas 

542 and 543 based on the amount of the 

harvest limit and the estimated fishing 

capacity of the vessels assigned to the 

respective fisheries. Consequently, 

NMFS is prohibiting directed fishing for 

Atka mackerel in the HLA of areas 542 

and 543 in accordance with the dates 

and times listed in Table 1 of this 

notice. 

After the effective dates of these 

closures, 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 a 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 and closing of the 

fisheries for the HLA limits established 

for area 542 and area 543 pursuant to 

the 2007 Atka mackerel TAC. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of September 

10, 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: September 11, 2007. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–4563 Filed 9–11–07; 3:00 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XC55 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from catcher vessels using trawl and 

vessels using jig gear to catcher 

processor vessels using hook-and-line 

gear and vessels using pot gear in the 

Bering Sea and Aleutian Islands 

management area (BSAI). These actions 

are necessary to allow the 2007 total 

allowable catch (TAC) of Pacific cod to 

be harvested. 

DATES: Effective September 13, 2007, 

until 2400 hours, 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 


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