[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Rules and Regulations]
[Page 9676]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr07-11]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213032-7032-01; I.D. 022807A]
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
Statistical Area 630 of 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 reopening directed fishing for pollock in Statistical
Area 630 of the Gulf of Alaska (GOA) for 24 hours. This action is
necessary to fully use the A season allowance of the 2007 total
allowable catch (TAC) of pollock specified for Statistical Area 630 of
the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 1, 2007,
through 1200 hrs, A.l.t., March 2, 2007. Comments must be received at
the following address no later than 4:30 p.m., A.l.t., March 15, 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 630pollock2@noaa.gov and include in the subject
line of the e-mail comment the document identifier: ``g63plkro4'' (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: Josh Keaton, 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 directed fishery for pollock in Statistical Area
630 of the GOA under Sec. 679.20(d)(1)(iii) on January 22, 2007 (72 FR
2793, January 23, 2007). The fishery was subsequently reopened on
February 6, 2007 and closed on February 8, 2007 (72 FR 5346, February
6, 2007), reopened on February 12, 2007 and closed on February 14, 2007
(72 FR 7353, February 15, 2007), and reopened on February 20, 2007 and
closed on February 22, 2007 (72 FR 8132, February 23, 2007).
NMFS has determined that approximately 2,850 mt of pollock remain
in the directed fishing allowance in Statistical Area 630 of 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 A season allowance of the 2007
TAC of pollock in Statistical Area 630, NMFS is terminating the
previous closure and is reopening directed fishing for pollock in
Statistical Area 630 of the GOA. In accordance with Sec.
679.20(d)(1)(iii), the Regional Administrator finds that this directed
fishing allowance will be reached after 24 hours. Consequently, NMFS is
prohibiting directed fishing for pollock in Statistical Area 630 of the
GOA after the 24 hours, effective 1200 hrs, A.l.t., March 2, 2007.
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) and 679.25(c)(1)(ii) 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 pollock in Statistical Area 630
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 February 27, 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 pollock in Statistical Area 630 of 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 March 15, 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: February 28, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-988 Filed 2-28-07; 12:48 pm]
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