[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Rules and Regulations]
[Page 62590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5525]



[[Page 62590]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XD73


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch 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 Pacific ocean perch 
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 
Pacific ocean perch 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 1, 
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 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 Pacific ocean perch TAC allocated to vessels participating 
in the entry level rockfish fishery in the Central Regulatory Area of 
the GOA is 364 mt 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.
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2007 TAC of Pacific ocean perch 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 
Pacific ocean perch 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) 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 closure of Pacific ocean perch 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 October 31, 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 1, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-5525 Filed 11-1-07; 2:29 pm]
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