[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Rules and Regulations]
[Pages 52493-52494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18174]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XC55


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod 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; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from catcher vessels using trawl and vessels using jig gear to 
catcher processor vessels using hook-and-line gear and vessels using 
pot gear in the Bering Sea and Aleutian Islands management area (BSAI). 
These actions are necessary to allow the 2007 total allowable catch 
(TAC) of Pacific cod to be harvested.

DATES: Effective September 13, 2007, until 2400 hours, 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

[[Page 52494]]

appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2007 Pacific cod TAC in the BSAI is 170,720 metric tons (mt) as 
established by the 2007 and 2008 final harvest specifications for 
groundfish in the BSAI (72 FR 9451, March 2, 2007). Pursuant to Sec.  
679.20(a)(7)(i), the allocations of the Pacific cod TAC are 240 mt to 
catcher vessels using hook-and-line gear, 64,030 mt to catcher 
processor vessels using hook-and-line gear, 2,641 mt to catcher 
processor vessels using pot gear, 12,006 mt to catcher vessels using 
pot gear, 37,110 mt to catcher processors using trawl gear, and 37,110 
mt to catcher vessels using trawl gear. The allocation to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear 
is 2,853 mt and to vessels using jig gear is 1,426 mt after two 
reallocations (72 FR 10428, March 8, 2007 and 72 FR 18595, April 13, 
2007).
    As of September 5, 2007, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that catcher vessels using 
trawl gear will not be able to harvest 3,000 mt of the allocation under 
Sec.  679.20(a)(7)(i)(B). Therefore, in accordance with Sec.  
679.20(a)(7)(ii)(C)(2), NMFS apportions 2,850 mt of Pacific cod from 
catcher vessels using trawl gear to catcher processor vessels using 
hook-and-line gear, 27 mt of Pacific cod to catcher processor vessels 
using pot gear, and 123 mt of Pacific cod to catcher vessels using pot 
gear.
    The Regional Administrator has also determined that vessels using 
jig gear will not harvest 1,300 mt of their Pacific cod allocation by 
the end of the year. Therefore, in accordance with Sec.  
679.20(a)(7)(ii)(C)(1), NMFS is reallocating 75 mt of Pacific cod to 
catcher vessels less than 60 feet (18.3 m) length overall (LOA) using 
hook-and-line or pot gear. The Regional Administrator has determined 
that catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line 
or pot gear will not be able to harvest the remaining amount of the 
available reallocation. Therefore, in accordance with Sec.  
679.20(a)(7)(ii)(B), NMFS is reallocating the unused amount of 1,225 mt 
of Pacific cod allocated to vessels using jig gear to catcher processor 
vessels using hook-and-line gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007) 
and adjustments (72 FR 10428, March 8, 2007 and 72 FR 18595, April 13, 
2007) are revised as follows: 126 mt to vessels using jig gear, 68,105 
mt to catcher processor vessels using hook-and-line gear, 12,129 mt to 
catcher vessels using pot gear, 2,668 mt to catcher processor vessels 
using pot gear, 34,110 mt to catcher vessels using trawl gear, and 
2,928 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-
and-line or pot gear.

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 a 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 reallocation of projected unused amounts of Pacific cod 
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 September 5, 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: September 11, 2007.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E7-18174 Filed 9-13-07; 8:45 am]
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