[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Rules and Regulations]
[Pages 56933-56934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4955]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XD14


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.

-----------------------------------------------------------------------

SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels using pot 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 using pot gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 2, 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., October 17, 
2007.

ADDRESSES: You may submit comments, identified by [0648-XD14], by any 
one of the following methods:
     Mail to: P.O. Box 21668, Juneau, AK 99802
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov
     FAX to 907-586-7557, Attn: Ellen Sebastian
     Instructions: All comments received are a part of the 
public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the

[[Page 56934]]

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 
using pot gear in the BSAI under Sec.  679.20(d)(1)(iii) on September 
28, 2007 (72 FR 56016, October 2, 2007). As of October 1, 2007, 
approximately 529 metric tons of Pacific cod remain in the 2007 Pacific 
cod TAC allocated to catcher vessels using pot gear in the BSAI. 
Therefore, in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and 
(a)(2)(iii)(D), and to fully use the 2007 TAC of Pacific cod specified 
for catcher vessels using pot gear in the BSAI, NMFS is terminating the 
previous closure and is opening directed fishing for Pacific cod by 
catcher vessels using pot gear in the BSAI. The opening is effective 
1200 hrs, A.l.t., October 2, 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 
using pot 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 October 1, 
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 using pot 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 
October 17, 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.

    Dated: October 1, 2007.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-4955 Filed 10-2-07; 1:38 pm]
BILLING CODE 3510-22-S