[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Rules and Regulations]
[Pages 52491-52492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4562]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XC52


Fisheries of the Exclusive Economic 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for 12 hours for shallow-
water species by vessels using trawl gear in the Gulf of Alaska (GOA). 
This action is necessary to allow the shallow-water species fishery in 
the GOA to resume.

DATES: Effective 0800 hrs, Alaska local time (A.l.t.), September 11, 
2007, through 2000 hrs, A.l.t., September 11, 2007. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 26, 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;

[[Page 52492]]

     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 the document identifier: goaswx4sre2.fo.wpd 
(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.
    The shallow-water fishery in the GOA opened for 12 hours on 
September 1, 2007 (72 FR 49229, August 28, 2007), and reopened again 
for 12 hours on September 6, 2007 (72 FR xxxxx). NMFS has determined 
that approximately 130 mt remain in the fourth seasonal apportionment 
of the 2007 Pacific halibut bycatch allowance specified for the 
shallow-water species fishery in the GOA. Therefore, in accordance with 
Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to allow 
the shallow-water species fishery in the GOA to resume, NMFS is 
terminating the previous closure and is reopening directed fishing for 
shallow-water species for 12 hours by vessels using trawl gear in the 
GOA, effective 0800 hrs, A.l.t., September 11, 2007, through 2000 hrs, 
A.l.t., September 11, 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.'' Vessels fishing under a cooperative quota permit in 
the cooperative fishery in the Rockfish Pilot Program for the Central 
GOA can continue to fish under their permit as authorized.

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 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 the shallow-water species fishery in the GOA to be harvested in an 
expedient manner and in accordance with the regulatory schedule. Under 
Sec. [thns]p;679.25(c)(2), interested persons are invited to submit 
written comments on this action to the above address until September 
26, 2007.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 10, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-4562 Filed 9-11-07; 3:00 pm]
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