60586 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 070607119–7119–01] 

RIN 0648–AV11 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement the annual harvest guideline 

(HG) for Pacific sardine in the U.S. 

exclusive economic zone (EEZ) off the 

Pacific coast (California, Oregon, and 

Washington) for the fishing season of 

January 1, 2007, through December 31, 

2007. This HG has been calculated 

according to the regulations 

implementing the Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP) and establishes allowable harvest 

levels for Pacific sardine off the Pacific 

coast. 

DATES: Effective November 26, 2007 

through December 31. 2007. 

ADDRESSES: Copies of the report 

Assessment of Pacific Sardine Stock for 

U.S. Management in 2007 may be 

obtained from the Southwest Regional 

Office by contacting Rodney R. McInnis, 

Regional Administrator, Southwest 

Region, NMFS, 501 West Ocean Blvd., 

Suite 4200, Long Beach, CA 90802–

4213. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, Southwest Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: The CPS 

FMP, which was implemented by 

publication of the final rule in the 

Federal Register on December 15, 1999 

(64 FR 69888), divides management unit 

species into two categories: actively 

managed and monitored. The HG for 

actively managed species (Pacific 

sardine and Pacific mackerel) is based 

on formulas applied to current biomass 

estimates. Biomass estimates are not 

calculated for species that are only 

monitored (jack mackerel, northern 

anchovy, and market squid). 

During public meetings each year, the 

biomass for each actively managed 

species within the CPS FMP is 

presented to the Pacific Fishery 

Management Council’s (Council) CPS 

Management Team (Team) and the 

Council’s CPS Advisory Subpanel 

(Subpanel). At that time, the biomass, 

the HG, and the status of the fisheries 

are reviewed and discussed. This 

information is then presented to the 

Council along with recommendations 

and comments from the Team and 

Subpanel. Following review by the 

Council and after hearing public 

comments, the Council makes its 

recommendation to NMFS. 

Public meetings of the Team, 

Subpanel and CPS Subcommitee of the 

Scientific and Statistical Committee 

(SSC) were held in October 2006. 

During these meetings the current stock 

assessment update for Pacific sardine, 

which included a preliminary biomass 

estimate and HG, was presented and 

reviewed in accordance with the 

procedures of the FMP. In November, 

the Council held a public meeting in 

San Diego, California (71 FR 62998) 

during which time the Council reviewed 

the current stock assessment, biomass 

numbers and proposed HG. Following 

the Team and Subpanel reports and 

hearing public comments, the Council 

adopted the Team’s recommended HG 

for the 2007 Pacific sardine fishing 

season (January 1, 2007 through 

December 31, 2007) of 152,564 metric 

tons (mt). Although this HG is 28 

percent higher than the HG for 2006, it 

is over 50,000 mt greater than the largest 

recent harvest by U.S. west coast 

fisheries. The Council also adopted the 

Subpanel recommendation of an 

incidental catch allowance for Pacific 

sardine of up to 45 percent by weight in 

other CPS fisheries in the event that the 

coastwide harvest of Pacific sardine 

exceeds a seasonal allocation prior to 

the next scheduled reallocation. 

The Pacific sardine HG is apportioned 

based on the following allocation 

scheme established by Amendment 11 

(71 FR 36999) to the CPS FMP: 35 

percent (53,397 mt) is allocated 

coastwide on January 1; 40 percent 

(61,025 mt), plus any portion not 

harvested from the initial allocation is 

reallocated coastwide on July 1; and on 

September 15 the remaining 25 percent 

(38,141 mt), plus any portion not 

harvested from earlier allocations is 

released. 

If the total harvest guideline or these 

apportionment levels for Pacific sardine 

are reached at any time, the Pacific 

sardine fishery shall be closed until 

either it re-opens per the allocation 

scheme or the beginning of the next 

fishing season. The Regional 

Administrator shall publish in the 

Federal Register, through appropriate 

rulemaking procedures, the date of the 

closure of the directed fishery for Pacific 

sardine. 

Classification 

The Administrator, Southwest Region, 

NMFS, determined that this final rule is 

necessary for the conservation and 

management of the CPS fishery and that 

it is consistent with the MagnusonStevens Fishery Conservation and 

Management Act and other applicable 

laws. 

This final rule is exempt from OMB 

review under Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule (72 FR 35419) and is not 

repeated here. No comments were 

received regarding this certification. As 

a result, a regulatory flexibility analysis 

was not required and none was 

prepared. 

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

Dated: October 18, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E7–20927 Filed 10–24–07; 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–XD59 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Trawl Gear 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 groundfish by vessels using 

trawl gear in the Gulf of Alaska (GOA), 

effective 1200 hrs, Alaska local time, 

October 22, 2007. This action is 

necessary to fully use the 2007 Pacific 

halibut prohibited species catch (PSC) 

limit specified for vessels using trawl 

gear in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 22, 2007, through 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations 60587 

2400 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., November 6, 2007. 

ADDRESSES: You may submit comments, 

identified by 0648–XD59, by any one of 

the following methods: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov 

• FAX to 907–586–7557, Attn: Ellen 

Sebastian 

• Mail to the Federal Building, 709 

West 9th Street, Room 420A, Juneau, 

Alaska 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

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 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 Pacific halibut bycatch 

allowance specified for trawl gear in the 

GOA is 2,000 metric tons (mt) as 

established by the 2007 and 2008 

harvest specifications for groundfish of 

the GOA (72 FR 9676, March 5, 2007, 

as corrected by 72 FR 13217, March 21, 

2007). 

NMFS closed directed fishing for 

groundfish by vessels using trawl gear 

in the GOA under § 679.21(d)(7)(i) on 

October 15, 2007 (72 FR 59038, October 

18, 2007). As of October 19, 2007, 

NMFS has determined that 59 metric 

tons of the 2007 Pacific halibut bycatch 

allowance for the fishery remains. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully use the 2007 

Pacific halibut PSC limit specified for 

vessels using trawl gear in the GOA, 

NMFS is terminating the previous 

closure and is opening directed fishing 

for groundfish by vessels using trawl 

gear in the GOA, effective 1200 hrs, 

A.l.t., October 22, 2007. 

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 opening of the groundfish 

fishery by vessels using trawl gear in the 

GOA. Immediate notification is 

necessary to allow for the orderly 

conduct and efficient operation of this 

fishery, to allow the industry to plan for 

the fishing season, and to avoid 

potential disruption to the fishing fleet 

and processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of October 19, 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 

groundfish by vessels using trawl gear 

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 

November 6, 2007. 

This action is required by § 679.25 

and is exempt from review under 

Executive Order 12866. 

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

Dated: October 22, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–5292 Filed 10–22–07; 2:45 pm] 

BILLING CODE 3510–22–S 


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