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[Federal Register: August 6, 2007 (Volume 72, Number 150)]
[Rules and Regulations]               
[Page 43565-43566]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au07-16]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XB79

 
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch and Pelagic Shelf Rockfish in the Western Regulatory Area 
in the Gulf of Alaska

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

ACTION:  Temporary rule; modification of a closure.

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SUMMARY:  NMFS is opening directed fishing for Pacific ocean perch and 
pelagic shelf rockfish in the Western Regulatory Area in the Gulf of 
Alaska (GOA). This action is necessary to fully use the 2007 total 
allowable catch (TAC) of Pacific ocean perch and pelagic shelf rockfish 
in the Western Regulatory Area in the GOA.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), August 1, 2007, 
through 1200 hrs, A.l.t., December 31, 2007. Comments must be received 
at the following address no later than 4:30 p.m., A.l.t., August 16, 
2007.

ADDRESSES:  Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. Comments may be submitted by:
    Mail to: P.O. Box 21668, Juneau, AK 99802;
    Hand delivery to the Federal Building, 709 West 9th Street, Room 
420A, Juneau, Alaska;
    FAX to 907-586-7557;
    E-mail to inseason.fakr@noaa.gov and include in the subject line of 
the e-mail the document identifier: wgpopre.fo.wpd (E-mail comments, 
with or without attachments, are limited to 5 megabytes); or
    Webform at the Federal eRulemaking Portal: http://www.regulations.gov.
 Follow the instructions at that site for 

submitting comments.

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.
    NMFS closed the Pacific ocean perch fishery in the Western 
Regulatory Area in the GOA under Sec.  679.20(d)(1)(iii) on July 22, 
2007 (72 FR 40772, July 25, 2007) and the pelagic shelf rockfish 
fishery in the Western Regulatory Area in the GOA on July 23, 2007 (72 
FR 40773, July 25, 2007).
    NMFS has determined that as of July 31, 2007 approximately 790 mt 
remain in the 2007 Pacific ocean perch directed fishing allowance and 
939 mt remain in the 2007 pelagic shelf rockfish directed fishing 
allowance in the Western Regulatory Area in the GOA. Therefore, in 
accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), 
and to fully utilize the 2007 TAC of Pacific ocean perch and pelagic 
shelf rockfish in the Western Regulatory Area in the GOA, NMFS is 
terminating the previous closure and is reopening directed fishing for 
Pacific ocean perch and pelagic shelf rockfish in the Western 
Regulatory Area in the GOA.

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

[[Page 43566]]

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 
opening of the Pacific ocean perch and pelagic shelf rockfish fisheries 
in the Western Regulatory Area 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 July 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific ocean perch and pelagic shelf rockfish in the Western 
Regulatory Area in the GOA to be harvested in an expedient manner and 
in accordance with the regulatory schedule. Under Sec.  679.25(c)(2), 
interested persons are invited to submit written comments on this 
action to the above address until August 16, 2007.
    This action is required by Sec.  679.25 and Sec.  679.20 and is 
exempt from review under Executive Order 12866.

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

    Dated: July 31, 2007.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-3828 Filed 8-1-07; 2:17 pm]

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