[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Rules and Regulations]
[Page 27067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2364]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213033-7033-01]
RIN 0648-XA23
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Processor Vessels Using Trawl Gear in the Bering Sea and
Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher processor vessels using trawl gear in the Bering Sea and
Aleutian Islands management area (BSAI). This action is necessary to
prevent exceeding the 2007 second seasonal allowance of the Pacific cod
total allowable catch (TAC) specified for catcher processor vessels
using trawl gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 10, 2007,
through 1200 hrs, A.l.t., June 10, 2007.
FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Bering Sea and Aleutian Islands 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 second seasonal allowance of the Pacific cod TAC specified
for catcher processor vessels using trawl gear in the BSAI is 11,133
metric tons (mt) as established by the 2007 and 2008 final harvest
specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007),
for the period 1200 hrs, A.l.t., April 1, 2007, through 1200 hrs,
A.l.t., June 10, 2007. See Sec. 679.20(c)(3)(iii), Sec. 679.20(c)(5),
and Sec. 679.20(a)(7)(i)(B).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2007
second seasonal allowance of the Pacific cod TAC specified for catcher
processor vessels using trawl gear in the BSAI will soon be reached.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of 8,933 mt, and is setting aside the remaining 2,200
mt as bycatch to support other anticipated groundfish fisheries. In
accordance with Sec. 679.20(d)(1)(iii), the Regional Administrator
finds that this directed fishing allowance has been reached.
Consequently, NMFS is prohibiting directed fishing for Pacific cod by
catcher processor vessels using trawl gear in the BSAI.
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 closure of Pacific cod by catcher processor vessels
using trawl gear in the BSAI. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of May 8, 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.
This action is required by Sec. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 9, 2007.
James P. Burgess
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-2364 Filed 5-9-07; 1:57 pm]
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