[Federal Register: July 19, 2007 (Volume 72, Number 138)]
[Rules and Regulations]
[Page 39580-39581]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy07-12]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213032-7032-01]
RIN 0648-XB52
Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker
Rockfish in Statistical Area 610 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 shortraker rockfish in
Statistical Area 610 of the Gulf of Alaska (GOA). NMFS is requiring
that shortraker rockfish 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
shortraker rockfish in this area has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 13, 2007,
through 1200 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 TAC of shortraker rockfish in Statistical Area 610 of the
GOA is 153 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 Regional Administrator
has determined that the 2007 TAC of shortraker rockfish in Statistical
Area 610 of the GOA has been reached. Therefore, NMFS is requiring that
shortraker rockfish in Statistical Area 610 of the GOA be treated as
prohibited species in accordance with Sec. 679.21(b).
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.
[[Page 39581]]
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 shortraker rockfish in
Statistical Area 610 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 12, 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 13, 2007.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-3500 Filed 7-13-07; 3:27 pm]
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