[Federal Register: June 29, 2007 (Volume 72, Number 125)]
[Rules and Regulations]
[Page 35667]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn07-17]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213032-7032-01]
RIN 0648-XB12
Fisheries of the Economic Exclusive Zone Off Alaska; Deep-water
Species Fishery by Catcher Processor Rockfish Cooperatives in 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 species that comprise
the deep-water species fishery for catcher processor rockfish
cooperatives subject to sideboard limits established under the Central
Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is
necessary because the 2007 Pacific halibut prohibited species catch
(PSC) sideboard limit specified for the deep-water species fishery for
catcher processor rockfish cooperatives subject to sideboard limits
established under the Central GOA Rockfish Program in the GOA is
insufficient to support directed fishing for the deep-water species
fisheries.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2007,
through 1200 hrs, A.l.t., July 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 Pacific halibut PSC sideboard limit specified for the
deep-water species fishery for catcher processor rockfish cooperatives
subject to sideboard limits established under the Central GOA Rockfish
Program in the GOA is 8 metric tons as established by Sec. 679.82(d),
the 2007 and 2008 harvest specifications for groundfish of the GOA (72
FR 9676, March 5, 2007), and as posted as the Catcher Processor
Sideboards at http://www.fakr.noaa.gov/sustainablefisheries/goarat/default.htm
.
In accordance with Sec. 679.82(d)(9)(i)(B), the Administrator,
Alaska Region, NMFS, has determined that the 2007 Pacific halibut PSC
sideboard limit specified for the deep-water species fishery for
catcher processor rockfish cooperatives subject to sideboard limits
established under the Central GOA Rockfish Program in the GOA is
insufficient to support directed fishing for the deep-water species
fisheries. Consequently, NMFS is prohibiting directed fishing for
species that comprise the deep-water species fishery for catcher
processor rockfish cooperatives subject to sideboard limits established
under the Central GOA Rockfish Program in the GOA. Section
679.82(d)(4)(iii) lists the species and species groups that comprise
the deep-water species fishery as deep-water flatfish, rex sole, and
arrowtooth flounder.
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 the deep-water species fishery for catcher
processor rockfish cooperatives subject to sideboard limits established
under the Central GOA Rockfish Program 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 June 25, 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. 679.82 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 26, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E7-12660 Filed 6-28-07; 8:45 am]
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