55104 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Rules and Regulations 

Magnuson-Stevens Act and the FMP. 

Accordingly, under 5 U.S.C. 553(d), a 

delay in the effective date is waived. 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: September 24, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–4797 Filed 9–25–07; 2:07 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–XC91 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 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 pollock in Statistical Area 

630 in the Gulf of Alaska (GOA). This 

action is necessary to fully use the C 

season allowance of the 2007 total 

allowable catch (TAC) of pollock in 

Statistical Area 630 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 25, 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., October 10, 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: 

g63plkro5.fo.wpd (E-mail comments, 

with or without attachments, are limited 

to 5 megabytes). 

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 prohibited directed fishing for 

pollock in Statistical Area 630 in the 

GOA under § 679.20(d)(1)(iii) on August 

28, 2007 (72 FR 48946, August 27, 

2007). NMFS reopened the pollock 

fishery in Statistical Area 630 in the 

GOA for 72 hours on September 15, 

2007 (72 FR 53169, September 18, 

2007). NMFS reopened the pollock 

fishery in Statistical Area 630 in the 

GOA for 48 hours on September 21, 

2007. NMFS prohibited directed fishing 

for pollock on September 23, 2007. 

NMFS has determined that as of 

September 24, 2007 approximately 

1,590 mt remain in the C season 

allowance of the 2007 pollock directed 

fishing allowance in Statistical Area 630 

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 C 

season allowance of the 2007 TAC of 

pollock in Statistical Area 630 in the 

GOA, NMFS is terminating the previous 

closure and is reopening directed 

fishing for pollock in Statistical Area 

630 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 

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 pollock in 

Statistical Area 630 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 

24, 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 

pollock in Statistical Area 630 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 (see ADDRESSES) until 

October 10, 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: September 25, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–4798 Filed 9–25–07; 2:07 pm] 

BILLING CODE 3510–22–S 


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