[Federal Register: October 18, 2007 (Volume 72, Number 201)]
[Rules and Regulations]
[Page 59037-59038]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc07-14]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070213032-7032-01]
RIN 0648-XD32
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for
Processing by the Inshore Component in the Western Regulatory Area of
the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is prohibiting directed fishing for the 2007 Pacific cod
sideboard limits apportioned to non-American Fisheries Act (AFA) crab
vessels catching Pacific cod for processing by the inshore component in
the Western Regulatory Area of the Gulf of Alaska (GOA). This action is
necessary to prevent exceeding the 2007 Pacific cod sideboard limits
apportioned to non-AFA crab vessels catching Pacific cod for processing
by the inshore component in the Western Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 14,
2007, until 2400 hrs, A.l.t., December 31, 2007.
FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (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. Regulations governing sideboard
protections for GOA groundfish fisheries appear at subpart B of 50 CFR
part 800.
The 2007 Pacific cod sideboard limits apportioned to non-AFA crab
vessels catching Pacific cod for processing by the inshore component in
the Western Regulatory Area of the GOA is 1,635 metric tons (mt) for
the GOA, as established by the 2007 and 2008 harvest specifications for
groundfish of the GOA (72 FR 9676, March 5, 2007).
In accordance with Sec. 680.22(e)(2)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2007
Pacific cod sideboard limits apportioned to non-AFA crab vessels
catching Pacific cod for processing by the inshore component in the
Western Regulatory Area of the GOA will soon be reached. Therefore, the
Regional Administrator is establishing a sideboard directed fishing
allowance for Pacific cod as 1,625 mt in the Gulf of Alaska. The
remaining 10 mt in the Gulf of Alaska will be set aside as bycatch to
support other anticipated groundfish fisheries. In accordance with
Sec. 680.22(e)(3), the Regional Administrator finds that this
sideboard directed fishing allowance has been reached. Consequently,
NMFS is prohibiting directed fishing for Pacific cod by non-AFA crab
vessels catching Pacific cod for processing by the inshore component in
the Western Regulatory Area of the GOA.
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
[[Page 59038]]
interest as it would prevent NMFS from responding to the most recent
fisheries data in a timely fashion and would delay the sideboard
directed fishing closure of Pacific cod apportioned to non-AFA crab
vessels catching Pacific cod for processing by the inshore component in
the Western Regulatory Area of the GOA. NMFS was unable to publish a
notice providing time for public comment because the most recent,
relevant data only became available as of October 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. 680.22 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 12, 2007.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-5132 Filed 10-12-07; 3:34 pm]
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