[Federal Register Volume 72, Number 219 (Wednesday, November 14, 2007)]
[Rules and Regulations]
[Pages 64001-64002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5648]


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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.

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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

[[Page 64002]]

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 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 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 Sec.  
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 Sec.  679.20(e)(1)(i) and (f) and Sec.  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 Sec.  679.20 and Sec.  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]
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