[Federal Register: February 13, 2007 (Volume 72, Number 29)]
[Rules and Regulations]
[Page 6694-6695]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe07-4]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216044-6044-01; I.D. 020807B]
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock 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; modification of a closure; request for
comments.
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SUMMARY: NMFS is opening directed fishing for pollock in Statistical
Area 610 of the Gulf of Alaska (GOA) for 48 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 610 of
the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 8,
2007, through 1200 hrs, A.l.t., February 10, 2007. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
February 23, 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 open610pollock@noaa.gov and include in the
subject line of the e-mail comment the document identifier:
``g61plkro2'' (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 directed fishery for pollock in Statistical Area
610 of the GOA under Sec. 679.20(d)(1)(iii) on January 22, 2007 (72 FR
2462, January 19, 2007). The fishery was subsequently reopened on
February 5, 2007 and closed on February 7, 2007. The action filed with
the Office of the Federal Register on February 5, 2007, and will
publish February 9, 2007.
NMFS has determined that approximately 2,455 mt of pollock remain
in the directed fishing allowance. 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
610, NMFS is terminating the previous closure and is reopening directed
fishing for pollock in Statistical Area 610 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 48 hours.
Consequently, NMFS is prohibiting directed fishing for pollock in
Statistical Area 610 of the GOA effective 1200 hrs, A.l.t., February
10, 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) 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
[[Page 6695]]
delay the opening of pollock 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
February 7, 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 610 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 February 23, 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 8, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-638 Filed 2-8-07; 2:13 pm]
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