[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Rules and Regulations]
[Pages 15848-15849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1631]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01; I.D. 032807A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Less Than 60 ft (18.3 m) LOA Using Pot or Hook-and-
Line 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 vessels less than 60 ft (18.3 meters (m)) length overall (LOA) 
using pot or hook-and-line gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2007 Pacific cod total allowable catch (TAC) allocated to catcher 
vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line gear in 
the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 30, 2007, 
through 2400 hrs, A.l.t., December 31, 2007.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 and 2008 final harvest specification for groundfish in the 
BSAI (72 FR 9451, March 2, 2007), and the reallocation on March 5, 2007 
(72 FR 10428, March 8, 2007) allocated a directed fishing allowance for 
Pacific cod of 2,321 metric tons to catcher vessels less than 60 ft 
(18.3 m) LOA using pot or hook-and-line gear in the BSAI. See Sec.  
679.20(c)(3)(iii) and (c)(5), and (a)(7)(i)(C).
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that the 2007 Pacific cod directed fishing 
allowance allocated to catcher vessels less than 60 ft (18.3 m) LOA 
using pot or hook-and-line gear in the BSAI has been reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
catcher vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line 
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

[[Page 15849]]

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 
vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line 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 March 27, 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: March 28, 2007.
James P. Burgess
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-1631 Filed 3-29-07; 2:26 pm]
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