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[Federal Register: July 23, 2007 (Volume 72, Number 140)]
[Rules and Regulations]               
[Page 40081]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy07-11]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XB59

 
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the West Yakutat District of the Gulf of Alaska

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

ACTION: Temporary rule; prohibition of retention.

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SUMMARY: NMFS is prohibiting retention of Pacific ocean perch in the 
West Yakutat District of the Gulf of Alaska (GOA). NMFS is requiring 
that Pacific ocean perch in this area be treated in the same manner as 
prohibited species and discarded at sea with a minimum of injury. This 
action is necessary because the 2007 total allowable catch (TAC) of 
Pacific ocean perch in this area has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 18, 2007, 
until 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 the Groundfish Fishery 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 CFR part 679.
    The 2007 TAC of Pacific ocean perch in the West Yakutat District of 
the GOA is 1,140 metric tons as established by the 2007 and 2008 
harvest specifications for groundfish of the GOA (72 FR 9676, March 5, 
2007).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the 2007 TAC of Pacific ocean perch 
in the West Yakutat District of the GOA has been reached. Therefore, 
NMFS is requiring that Pacific ocean perch in the West Yakutat District 
of the GOA be treated as prohibited species in accordance with Sec.  
679.21(b).

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 prohibition of retention of Pacific ocean perch in the 
West Yakutat District 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 July 17, 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: July 18, 2007.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-3566 Filed 7-18-07; 2:01 pm]

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