[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Rules and Regulations]
[Pages 54603-54604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4728]


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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 [email protected] 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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