[Federal Register Volume 72, Number 42 (Monday, March 5, 2007)]
[Rules and Regulations]
[Page 9676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-988]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01; I.D. 022807A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 630 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.

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SUMMARY: NMFS is reopening directed fishing for pollock in Statistical 
Area 630 of the Gulf of Alaska (GOA) for 24 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 630 of 
the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 1, 2007, 
through 1200 hrs, A.l.t., March 2, 2007. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., March 15, 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 [email protected] and include in the subject 
line of the e-mail comment the document identifier: ``g63plkro4'' (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: Josh Keaton, 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 
630 of the GOA under Sec.  679.20(d)(1)(iii) on January 22, 2007 (72 FR 
2793, January 23, 2007). The fishery was subsequently reopened on 
February 6, 2007 and closed on February 8, 2007 (72 FR 5346, February 
6, 2007), reopened on February 12, 2007 and closed on February 14, 2007 
(72 FR 7353, February 15, 2007), and reopened on February 20, 2007 and 
closed on February 22, 2007 (72 FR 8132, February 23, 2007).
    NMFS has determined that approximately 2,850 mt of pollock remain 
in the directed fishing allowance in Statistical Area 630 of the GOA. 
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 630, NMFS is terminating the 
previous closure and is reopening directed fishing for pollock in 
Statistical Area 630 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 24 hours. Consequently, NMFS is 
prohibiting directed fishing for pollock in Statistical Area 630 of the 
GOA after the 24 hours, effective 1200 hrs, A.l.t., March 2, 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) and 679.25(c)(1)(ii) 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 pollock in Statistical Area 630 
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 27, 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 630 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 March 15, 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 28, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-988 Filed 2-28-07; 12:48 pm]
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