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###### Department of Commerce

###### National Oceanic and Atmospheric Administration 

          - 50 CFR Part 679
          - [Docket No. 070213032-7032-01]
          - RIN 0648-XE05

# AGENCY:

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

# ACTION:

Temporary rule; reallocation.

# 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                           ( print page 66084)                        determined that rockfish cooperatives in the Central GOA have not used 128 mt of the allocation under § 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 § 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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