[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Rules and Regulations]
[Pages 58261-58262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5066]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XD33


Fisheries of the Economic Exclusive Zone Off Alaska; 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 groundfish by vessels 
using trawl gear in the Gulf of Alaska (GOA), effective 1200 hrs, 
Alaska local time, October 10, 2007. This action is necessary to fully 
use the 2007 Pacific halibut prohibited species catch (PSC) limit 
specified for vessels using trawl gear in the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 10, 
2007, through 2400 hrs, A.l.t., December 31, 2007. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
October 25, 2007.

ADDRESSES: You may submit comments, identified by ``RIN 0648-XD33,'' by 
any one of the following methods:
     Mail to: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska;
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov
     FAX to 907-586-7557, Attn: Ellen Sebastian
     Mail to the Federal Building, 709 West 9th Street, Room 
420A, Juneau, Alaska
     Instructions: All comments received are a part of the 
public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

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 Management Area (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 2007 Pacific halibut bycatch allowance specified for trawl gear 
in the GOA is 2,000 metric tons (mt) as established by the 2007 and 
2008 harvest specifications for groundfish of the GOA (72 FR 9676, 
March 5, 2007, as corrected by 72 FR 13217, March 21, 2007).
    NMFS closed directed fishing for groundfish by vessels using trawl 
gear in the GOA under Sec.  679.21(d)(7)(i) on October 8, 2007 
(published on October 11, 2007 in the Federal Register). As of October 
9, 2007, NMFS has determined that 330 metric tons of the 2007 Pacific 
halibut bycatch allowance for the fishery remains. Therefore, in 
accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and 
(a)(2)(iii)(D), and to fully use the 2007 Pacific halibut PSC limit 
specified for vessels using trawl gear in the GOA, NMFS is terminating 
the

[[Page 58262]]

previous closure and is opening directed fishing for groundfish by 
vessels using trawl gear in the GOA, effective 1200 hrs, A.l.t., 
October 10, 2007.
    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 groundfish fishery by vessels using 
trawl gear in the GOA. Immediate notification is necessary to allow for 
the orderly conduct and efficient operation of this fishery, to allow 
the industry to plan for the fishing season, and to avoid potential 
disruption to the fishing fleet and processors. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of October 9, 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 groundfish by vessels using trawl gear 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 25, 
2007.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 9, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-5066 Filed 10-10-07; 2:01 pm]
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