[Federal Register: May 30, 2007 (Volume 72, Number 103)]
[Rules and Regulations]
[Page 29893-29894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my07-16]
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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 inseason-akr@noaa.gov 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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