[Federal Register: September 14, 2007 (Volume 72, Number 178)]
[Rules and Regulations]
[Page 52492-52493]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se07-10]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213033-7033-01]
RIN 0648-XC57
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel 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; closures and openings.
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SUMMARY: NMFS is announcing the opening and closing dates of the first
and second directed fisheries within the harvest limit area (HLA) in
Statistical Areas 542 and 543. This action is necessary to conduct
directed fishing in the HLA in areas 542 and 543 and to prevent
exceeding the HLA limits established for area 542 and area 543 pursuant
to the 2007 Atka mackerel total allowable catch.
DATES: The effective dates are provided in Table 1 under the
SUPPLEMENTARY INFORMATION section of this temporary action.
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.
In accordance with Sec. 679.20(a)(8)(iii)(C), the Regional
Administrator is opening the first directed fisheries for Atka mackerel
within the HLA in areas 542 and 543, 48 hours after the closure of the
Eastern Aleutian District (area 541) and the Bering Sea subarea Atka
mackerel directed fishery, also published in this issue. The Regional
Administrator has established the opening date for the second HLA
directed fisheries as 48 hours after the last closure of the first HLA
fisheries in either area 542 or 543. Consequently, NMFS is opening and
closing directed fishing for Atka mackerel in the HLA of areas 542 and
543 in accordance with the periods listed under Table 1 of this notice.
[[Page 52493]]
Table 1. Effective dates and times
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Effective Date\1\
Action Area -----------------------------------
From To
------------------------------------------------------------------------
Closed Atka Eastern Aleutian 1200 hrs, 1200 hrs,
Mackerel with District (area September 11, December 31,
gears other than 541) and the 2007 2007
jig gear Bering Sea
subarea
------------------------------------------------------------------------
Opening the first 542 1200 hrs, 1200 hrs,
directed fishery September 13, September 20,
in the HLA 2007 2007
------------------------------------------------------
543 1200 hrs, 1200 hrs,
September 13, September 20,
2007 2007
------------------------------------------------------------------------
Opening the 542 1200 hrs, 1200 hrs,
second directed September 22, September 29,
fishery in the 2007 2007
HLA
------------------------------------------------------
543 1200 hrs, 1200 hrs,
September 22, September 29,
2007 2007
------------------------------------------------------------------------
\1\Alaska local time
In accordance with Sec. 679.20(a)(8)(iii)(A) and (B), vessels
using trawl gear for directed fishing for Atka mackerel have previously
registered with NMFS to fish in the HLA fisheries in areas 542 and/or
543. NMFS has randomly assigned each vessel to the directed fishery or
fisheries for which they have registered. NMFS has notified each vessel
owner as to which fishery each vessel has been assigned by NMFS (72 FR
46038, August 16, 2007).
In accordance with the 2007 and 2008 final harvest specifications
for groundfish in the BSAI (72 FR 9451, March 2, 2007) and Sec.
679.20(a)(8)(ii)(C)(1), the HLA limits of the B season allowance of the
2007 TACs in areas 542 and 543 are 8,214 mt and 2,664 mt, respectively.
Based on those limits and the proportion of the number of vessels in
each fishery compared to the total number of vessels participating in
the HLA directed fishery for area 542 or 543, the harvest limit for
each HLA directed fishery in areas 542 and 543 are as follows: for the
first directed fishery in area 542, 4,107 mt; for the first directed
fishery in area 543, 1,332 mt; for the second directed fishery in area
542, 4,107 mt; and for the second directed fishery in area 543, 1,332
mt. In accordance with Sec. 679.20(a)(8)(iii)(E), the Regional
Administrator has established the closure dates of the Atka mackerel
directed fisheries in the HLA for areas 542 and 543 based on the amount
of the harvest limit and the estimated fishing capacity of the vessels
assigned to the respective fisheries. Consequently, NMFS is prohibiting
directed fishing for Atka mackerel in the HLA of areas 542 and 543 in
accordance with the dates and times listed in Table 1 of this notice.
After the effective dates of these closures, 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 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 opening and closing of the fisheries for the HLA limits
established for area 542 and area 543 pursuant to the 2007 Atka
mackerel TAC. NMFS was unable to publish a notice providing time for
public comment because the most recent, relevant data only became
available as of September 10, 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. 07-4563 Filed 9-11-07; 3:00 pm]
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