[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Rules and Regulations]
[Page 54604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4729]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XC89


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 opening directed fishing for pollock in Statistical 
Area 630 of the Gulf of Alaska (GOA). This action is necessary to fully 
use the C 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.), 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 and body of the e-mail the document identifier: g63plkro4 
(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.
    NMFS prohibited directed fishing for pollock in Statistical Area 
630 of the GOA under Sec.  679.20(d)(1)(iii) on August 28, 2007 (72 FR 
48946, August 27, 2007). NMFS reopened the directed fishery for pollock 
under Sec.  679.20(d)(1)(iii) for 72 hours on September 15, 2007. The 
fishery closed again on September 18, 2007 (72 FR 53169, September 18, 
2007).
    NMFS has determined that approximately 2,750 mt of pollock remain 
in the directed fishing allowance. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize 
the C season allowance 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 48 hours. Consequently, NMFS is 
prohibiting directed fishing for pollock in Statistical Area 630 of the 
GOA, effective 1200 hrs, A.l.t., September 23, 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) 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 
September 18, 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 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 October 9, 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 20, 2007.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-4729 Filed 9-21-07; 1:52 pm]
BILLING CODE 3510-22-S