[Federal Register: September 26, 2007 (Volume 72, Number 186)]
[Rules and Regulations]
[Page 54603-54604]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se07-24]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213032-7032-01]
RIN 0648-XC88
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment; modification to a closure.
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SUMMARY: NMFS is opening directed fishing for species that comprise the
shallow-water species fishery by vessels using trawl gear in the Gulf
of Alaska (GOA) for 48 hours, effective 1200 hrs, Alaska local time,
September 21, 2007.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 21,
2007, through 1200 hrs, A.l.t., September 23, 2007. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
October 9, 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 inseason-fakr@noaa.gov and include in the
subject line of the e-mail the document identifier: goaswx4s12b (E-mail
comments, with or without attachments, are limited to 5 megabytes).
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 fourth seasonal apportionment of the 2007 Pacific halibut
bycatch allowance specified for the shallow-water species fishery in
the GOA is 150 metric tons (mt) as established by the 2007 and 2008
harvest specifications for groundfish of the GOA (72 FR 9676, March 5,
2007 and revised by 72 FR 13217m March 21, 2007), for the period 1200
hrs, A.l.t., September 1, 2007, through 1200 hrs, A.l.t., October 1,
2007.
NMFS closed directed fishing for species that comprise the shallow-
water species fishery by vessels using trawl gear in the GOA under
Sec. 679.21(d)(7)(i) on September 1, 2007 (72 FR 49229, August 28,
2007). NMFS reopened directed fishing for species that comprise the
shallow-water species fishery by vessels using trawl gear in the GOA
for 12 hours under Sec. 679.25(a) on September 6, 2006 (72 FR 51717,
September 11, 2007) and on September 11, 2006 (72 FR 52491, September
14, 2007).
As of September 17, 2007, NMFS has determined that 100 mt of the
fourth seasonal apportionment of the 2007 Pacific halibut bycatch
allowance for the fishery remains. Therefore, in accordance with
Sec. Sec. 679.25(a)(1)(i) and 679.25(a)(2)(i)(C), NMFS is opening
directed fishing for the trawl shallow-water species fishery in the
GOA, effective 1200 hrs, A.l.t., September 21, 2007. In accordance with
Sec. 679.21(d)(7)(i), the Administrator, Alaska Region, NMFS, has
determined that the fourth seasonal apportionment of the 2007 Pacific
halibut bycatch allowance specified for the trawl shallow-water species
fishery in the GOA will be reached after 48 hours. Consequently, NMFS
is prohibiting directed fishing for the shallow-water species fishery
by vessels using trawl gear in the GOA, effective 1200 hrs, A.l.t.,
September 23, 2007.
The species and species groups that comprise the shallow-water
species fishery are pollock, Pacific cod, shallow-water flatfish,
flathead sole, Atka mackerel, skates and ``other species.'' This
inseason adjustment does not apply to fishing for pollock by vessels
using pelagic trawl gear in those portions of the GOA open to directed
fishing for pollock. This inseason adjustment does not apply to vessels
fishing under a cooperative quota permit in the cooperative fishery in
the Rockfish Pilot Program for 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 opening of the shallow-water species fishery by vessels
using trawl gear 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 September 17, 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 the shallow-water species fishery in 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 October 9, 2007.
[[Page 54604]]
This action is required by Sec. 679.21 and Sec. 679.25 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 20, 2007.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 07-4728 Filed 9-21-07; 1:52 pm]
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