[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Rules and Regulations]
[Pages 29893-29894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2674]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XA45


Fisheries of the Economic Exclusive Zone Off Alaska; Pacific Cod 
in the Bering Sea and Aleutian Islands

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 Pacific cod by catcher 
vessels less than 60 feet (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 fully use the 2007 
total allowable catch (TAC) of Pacific cod specified for catcher 
vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear 
in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 27, 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., June 8, 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 [email protected] and include in the subject 
line and body of the e-mail the document identifier: bspclt60re2 (E-
mail comments, with or without attachments, are limited to 5 
megabytes); or
     Webform at the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions at that site for 
submitting comments.

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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the 
BSAI under Sec.  679.20(d)(1)(iii) on March 30, 2007 (72 FR 15848, 
April 3, 2007). The fishery was reopened on April 30, 2007 (72 FR 
18920, April 16, 2007) and was closed again on May 15, 2007 (72 FR 
27980, May 18, 2007).
    NMFS has determined that as of May 22, 2007, approximately 30 
metric tons of Pacific cod remain in the 2007 Pacific cod TAC allocated 
to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-
and-line gear in the BSAI. Therefore, in accordance with Sec.  
679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and to fully use the 2007 TAC of 
Pacific cod specified for catcher vessels less than 60 feet (18.3 m) 
LOA using pot or hook-and-line gear in the BSAI, NMFS is terminating 
the previous closure and is opening directed fishing for Pacific cod by 
catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-
line gear in the BSAI. The opening is effective 1200 hrs, A.l.t., May 
27, 2007, through 2400 hrs, A.l.t., December 31, 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 the Pacific cod fishery by catcher vessels 
less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the 
BSAI. 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 May 22, 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 Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using 
pot or hook-and-line gear in the BSAI 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 June 8, 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.


[[Page 29894]]


    Dated: May 23, 2007.
James P. Burgess
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-2674 Filed 5-24-07; 2:32 pm]
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