[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Rules and Regulations]
[Page 32559]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn07-13]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213033-7033-01]
RIN 0648-XA75
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin
Sole by Vessels Using Trawl 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 closing directed fishing for yellowfin sole by
vessels using trawl gear in the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the third seasonal allowance of the 2007 halibut bycatch allowance
specified for the trawl yellowfin sole fishery category in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 10, 2007,
through 1200 hrs, A.l.t., July 1, 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 third seasonal allowance of the 2007 halibut bycatch allowance
specified for the trawl yellowfin sole fishery category in the BSAI is
49 metric tons as established by the 2007 and 2008 final harvest
specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007).
In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska
Region, NMFS, has determined that the third seasonal allowance of the
2007 halibut bycatch allowance specified for the trawl yellowfin sole
fishery category in the BSAI has been reached. Consequently, NMFS is
closing directed fishing for yellowfin sole by vessels using trawl 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 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 directed fishing for yellowfin sole by
vessels using trawl 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 June 7, 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 7, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-2927 Filed 6-8-07; 2:52 pm]
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