Federal Register / Vol. 72, No. 219 / Wednesday, November 14, 2007 / Rules and Regulations 64001 

size of 16.6 inches (42.2 cm) for fish in 

the 2003 year class. The average size of 

the fish in the 2003 year class is 

anticipated to be 19 inches (48.3 cm) by 

the summer of 2008, which would make 

them legal to retain under the existing 

regulations, so the current discard 

situation will resolve itself over the long 

term. However, in the short term, in 

order to reduce the large amount of 

discards and associated discard 

mortality that has been occurring in the 

haddock fishery, and enable such fish to 

be landed, a reduction in the haddock 

minimum size to18 inches (45.7 cm) 

was warranted. NMFS’s initial 

emergency action to make this change 

was implemented on August 10, 2007, 

and differed from the Council request in 

two aspects. Additional background for 

that action, including why the action 

differed from the Council request, an 

explanation of the scope of the measure 

(only commercial vessels, and covering 

the GOM and GB), and the evaluation of 

the emergency action with respect to 

NMFS policy guidelines for the use of 

emergency rules are contained in the 

preamble of the August 10, 2007, rule 

and are not repeated here. 

As stated above, the emergency rule is 

scheduled to expire February 10, 2008. 

Because the majority of the very large 

2003 year class will not reach 19 inches 

(48.3 cm) until the summer of 2008, 

NMFS extends the emergency rule 

through this action in order to continue 

to reduce the likelihood of excessive 

discarding. 

During the initial emergency action, 

NMFS has monitored the haddock 

fishery closely in order to determine 

whether the reduction in haddock size 

has resulted in changes in fishing 

behavior or substantive increases in 

fishing effort. Monitoring results 

showed evidence of a decline in the 

discard rate and no increase in fishing 

effort. Pursuant to section 305(c)(3)(B) of 

the Magnuson-Stevens Act, management 

measures implemented by the August 

10, 2007, emergency final rule may be 

extended for an additional period of 186 

days, provided the public has had the 

opportunity to comment on the 

emergency regulations. NMFS will 

accept public comment after publication 

of this rule, on the effectiveness of the 

emergency action to date, and the 

extension of the emergency action 

implemented by this action. 

Extension of the emergency rule and 

continuation of the lower haddock 

minimum size for a second 186–day 

period will reduce waste (discard 

mortality) in the fishery and may 

increase opportunities for the fishery to 

achieve optimum yield (OY). A 

collateral benefit of this action will be 

prevention of a significant direct 

economic loss by allowing the landing 

and sale of fish that would be discarded 

at sea if the minimum size limit were 

kept at 19–inches (48.3–cm). To revert 

to a 19–inch (48.3–cm) minimum size at 

the expiration of the August 10, 2007, 

emergency action would likely result in 

an increased discard rate, the associated 

mortality of such discarding, the 

irretrievable loss of significant economic 

revenues from the discarded fish, and 

the further diminishing of the industry’s 

ability to achieve OY. These 

consequences are inconsistent with 

National Standards 1, 7, and 9. 

The benefits to be gained through the 

continuation of the reduction of the 

haddock minimum size limit (e.g., 

reduced discarding and enhanced 

opportunities to achieve OY) justify the 

extension of this emergency action. 

This action is not expected to 

interfere with any conservation 

objective of the FMP. Although GB and 

GOM haddock are still considered 

overfished, overfishing is not occurring. 

In recent years, less than 50 percent of 

the annual target TAC for GB haddock 

has been harvested. Allowing fish to be 

landed that would otherwise be 

discarded dead is not expected to 

increase fishing mortality or delay the 

rebuilding of the GB haddock stock. An 

increase in fishing effort is not expected 

due to the fact that, at current levels of 

fishing effort, trips under an 18–inch 

(45–cm) minimum haddock size may be 

more profitable because the same 

amount of fishing effort will yield more 

legal catch that can be landed and sold. 

A shift to target smaller fish is not likely 

because haddock in the 18 to19–inch 

(45 to 48.3–cm) range are caught 

together, and there is limited selectivity 

of the fishing gear. Therefore, there 

appears to be, in the short term, no 

incentive or effective way to target 18–

inch (45.7–cm) haddock. NMFS will 

continue to monitor this fishery closely 

in order to determine whether this 

action results in significant changes in 

fishing behavior or substantive increases 

in fishing effort. If necessary, inseason 

implementation of management 

measures through existing Regional 

Administrator authority could be taken 

to control catch. The Northeast Fisheries 

Science Center estimates that the 

average total length of GB haddock will 

not be 19 inches (48.3 cm) or above 

until the summer of 2008. 

Classification 

NMFS has determined that the 

emergency management measure 

extended by this temporary rule is 

necessary to respond to an emergency 

situation in the NE multispecies fishery 

and is consistent with the MagnusonStevens Act and other applicable law. 

This emergency rule has been 

determined to be not significant for 

purposes of E.O. 12866. 

This rule is exempt from the 

procedures of the Regulatory Flexibility 

Act to prepare a regulatory flexibility 

analysis because the rule is issued 

without opportunity for prior public 

comment. 

This emergency action meets the 

Categorical Exclusion requirements of 

NOAA Administrative Order 216–6, and 

therefore no analysis was prepared 

pursuant to the National Environmental 

Policy Act. 

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

Dated: November 7, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E7–22240 Filed 11–13–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XD83 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish for 

Vessels Participating in the Rockfish 

Entry Level Fishery in the Central 

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 northern rockfish for vessels 

participating in the rockfish entry level 

fishery in the Central Regulatory Area of 

the Gulf of Alaska (GOA). This action is 

necessary to prevent exceeding the 2007 

total allowable catch (TAC) of northern 

rockfish allocated to vessels 

participating in the rockfish entry level 

fishery in the Central Regulatory Area of 

the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), November 8, 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 


rmajette on PROD1PC64 with RULES
64002 Federal Register / Vol. 72, No. 219 / Wednesday, November 14, 2007 / Rules and Regulations 

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 northern rockfish TAC 

allocated to vessels participating in the 

entry level rockfish fishery in the 

Central Regulatory Area of the GOA is 

169 metric tons as established by the 

2007 and 2008 final harvest 

specifications (72 FR 9676, March 5, 

2007) for groundfish in the GOA and as 

listed on the website at http:// 

www.fakr.noaa.gov/sustainablefisheries/ 

goarat/07rppallocations.xls. Section 

679.83(a)(2) allows trawl or longline 

gear vessels participating in the entry 

level rockfish fishery to harvest any 

unused northern rockfish after 1200 hrs, 

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

As of September 1, 2007, 169 mt 

remained in the entry level allocation of 

northern rockfish. In accordance with 

§ 679.20(d)(1)(iii), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that the 

2007 TAC of northern rockfish allocated 

to vessels participating in the entry level 

rockfish fishery in the Central 

Regulatory Area has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for northern rockfish for 

vessels participating in the rockfish 

entry level fishery in the Central 

Regulatory Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e)(1)(i) and (f) and 

§ 679.81(h)(5) 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 northern rockfish 

for 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 November 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. 

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: November 8, 2007. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–5648 Filed 11–8–07; 1:58 pm] 

BILLING CODE 3510–22–S 


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