[Federal Register Volume 72, Number 135 (Monday, July 16, 2007)]
[Rules and Regulations]
[Pages 38795-38796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3457]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XB45


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch and Rougheye Rockfish in the Western Aleutian District of 
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 ocean perch 
in a specified area of the Western Aleutian District of the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
to limit incidental catch of rougheye rockfish and prevent overfishing 
of rougheye rockfish in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 11, 2007, 
through 2400 hrs, A.l.t., December 31, 2007.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 Magnuson-Stevens Fishery Conservation and Management Act 
requires that conservation and management measures prevent overfishing. 
The 2007 rougheye rockfish overfishing limit in the BSAI is 269 metric 
tons (mt) and the acceptable biological catch (ABC) is 202 mt as 
established by the 2007 and 2008 final harvest specifications for 
groundfish in the BSAI (72 FR 9451, March 2, 2007). NMFS closed 
directed fishing for rougheye rockfish in Table 9 of the 2007 and 2008 
final harvest specifications for groundfish in the BSAI (72 FR 9451, 
March 2, 2007).
    Substantial trawl fishing effort will be directed at remaining 
amounts of Pacific ocean perch in the Western Aleutian District of the 
BSAI. This fishery has significant incidental catch of rougheye 
rockfish in certain areas. Data from the groundfish observer program 
indicates that high incidental catch rates of rougheye rockfish are 
experienced in the area delineated by straight lines connecting the 
coordinates in the order listed:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                  East Buldir Island      52[deg] 40.00'        176[deg]
                                                      N.       00.00' E.
                                          52[deg] 30.00'        176[deg]
                                                      N.       00.00' E.
                                          52[deg] 30.00'        176[deg]
                                                      N.       40.00' E.
                                          52[deg] 40.00'        176[deg]
                                                      N.       40.00' E.
                                          ..............  ..............
------------------------------------------------------------------------

    If the Pacific ocean perch fishery were allowed to continue in this 
area beyond July 11, 2007, the ABC for rougheye rockfish would be 
exceeded.
    The Administrator has determined, in accordance with Sec.  
679.20(d)(3) that prohibiting directed fishing for Pacific ocean perch 
in the area delineated by straight lines connecting the coordinates in 
the order listed:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                  East Buldir Island      52[deg] 40.00'        176[deg]
                                                      N.       00.00' E.
                                          52[deg] 30.00'        176[deg]
                                                      N.       00.00' E.
                                          52[deg] 30.00'        176[deg]
                                                      N.       40.00' E.
                                          52[deg] 40.00'        176[deg]
                                                      N.       40.00' E.
                                          ..............  ..............
------------------------------------------------------------------------

is necessary to prevent overfishing of the rougheye rockfish, and is 
the least restrictive measure to achieve that purpose. Without this 
closure,

[[Page 38796]]

significant incidental catch of rougheye rockfish would occur.

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)(3)(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 ocean perch in the specified area of 
the Western Aleutian District of 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 July 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.
    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: July 11, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-3457 Filed 7-11-07; 2:57 pm]
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