[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Rules and Regulations]
[Page 51716-51717]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-8]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213032-7032-01]
RIN 0648-XC48
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch for Catcher Processors Participating in the Rockfish
Limited Access Fishery in the Central Regulatory Area of the Gulf of
Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch
by catcher processors participating in the rockfish limited access
fishery in the Central Regulatory Area of the Gulf of Alaska (GOA).
This action is necessary to prevent exceeding the 2007 total allowable
catch (TAC) of Pacific ocean perch allocated to catcher processors
participating in the rockfish limited access fishery in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 8,
2007, through 2400 hrs, A.l.t., December 31, 2007.
[[Page 51717]]
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 Pacific ocean perch allocated to catcher processors
participating in the rockfish limited access fishery in the Central GOA
is 1,008 metric tons (mt) as established by Sec. 679.81(a), 679.82(b),
and the 2007 and 2008 harvest specifications for groundfish of the GOA
(72 FR 9676, March 5, 2007), and as posted as the 2007 Rockfish Program
Allocations at http://www.fakr.noaa.gov/sustainablefisheries/goarat/default.htm
.
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2007 TAC
of Pacific ocean perch allocated to catcher processors participating in
the rockfish limited access fishery in the Central GOA will soon be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 1,008 mt, and is setting aside the
remaining 0 mt as bycatch to support other anticipated groundfish
fisheries. In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that this directed fishing allowance has been
reached. Consequently, NMFS is prohibiting directed fishing for Pacific
ocean perch for catcher processors participating in the rockfish
limited access fishery in the Central GOA.
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.
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 closure of Pacific ocean perch for catcher processors
participating in the rockfish limited access fishery in the Central
GOA. NMFS was unable to publish a notice providing time for public
comment because the most recent, relevant data only became available as
of September 5, 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: September 6, 2007.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-4443 Filed 9-6-07; 1:54 pm]
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