[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Rules and Regulations]
[Pages 66083-66084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5844]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XE05


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Halibut in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of halibut 
prohibited species catch (PSC) from rockfish cooperatives in the 
Central Gulf of Alaska (GOA) Rockfish Pilot Program to vessels using 
trawl gear in the GOA. This action is necessary to provide the 
opportunity to vessels using trawl gear to harvest available GOA 
groundfish total allowable catch (TAC) under existing PSC limits.

DATES: Effective November 21, 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 
GOA 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 allocation of halibut PSC to vessels using trawl gear in 
the GOA is 2,000 metric tons (mt) as established by the 2007 and 2008 
final harvest specifications (72 FR 9676, March 5, 2007, as corrected 
by 72 FR 13217, March 21, 2007) for groundfish in the GOA. Section 
679.81(c) allocates 176 mt to catcher processor and catcher vessel 
rockfish cooperatives in the Central GOA. The website at http://www.fakr.noaa.gov/sustainablefisheries/goarat/07rppallocations.xls 
lists this amount. The remaining 1,824 mt is allocated to vessels using 
trawl gear not in a rockfish cooperative.
    As of November 19, 2007, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has

[[Page 66084]]

determined that rockfish cooperatives in the Central GOA have not used 
128 mt of the allocation under Sec.  679.21(d)(5)(iii)(B). Therefore, 
NMFS reallocates 128 mt of halibut PSC from rockfish cooperatives in 
the Central GOA to the last seasonal apportionment for vessels using 
trawl gear in the GOA.
    The harvest specifications for halibut PSC included in the harvest 
specifications for groundfish in the GOA (72 FR 9676, March 5, 2007, as 
corrected by 72 FR 13217, March 21, 2007) are revised as follows: 48 mt 
to rockfish cooperatives in the Central GOA and 1,952 mt to vessels 
using trawl gear.

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 reallocation of projected unused amounts of halibut PSC 
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 November 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.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: November 20, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-5844 Filed 11-21-07; 1:45 pm]
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