10428 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

have on the public is mitigated by these 

factors. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 1, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–1067 Filed 3–2–07; 2:56 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01; I.D. 

030207A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod 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; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear to 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 allow 

the A season apportionment of the 2007 

total allowable catch (TAC) of Pacific 

cod to be harvested. 

DATES: Effective March 5, 2007, through 

2400 hrs, Alaska local time (A.l.t.), 

December 31, 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 A season apportionment of the 

2007 Pacific cod TAC specified for 

vessels using jig gear in the BSAI is 

1,263 metric tons (mt) as established by 

the 2007 and 2008 final harvest 

specifications for groundfish in the 

BSAI (72 FR 9451, March 2, 2007), for 

the period 1200 hrs, A.l.t., January 1, 

2007, through 1200 hrs, A.l.t., April 30, 

2007. See § 679.20(c)(3)(iii), 

§ 679.20(c)(5), § 679.20(a)(7)(i)(A), and 

§ 679.20(a)(7)(iii)(A)(3). 

The Acting Administrator, Alaska 

Region, NMFS, has determined that jig 

vessels will not be able to harvest 1,200 

mt of the A season apportionment of the 

2007 Pacific cod TAC allocated to those 

vessels under § 679.20(a)(7)(i)(A) and 

§ 679.20(a)(7)(iii)(A)(3). Therefore, in 

accordance with § 679.20(a)(7)(ii)(C)(1), 

NMFS apportions 1,200 mt of Pacific 

cod from the A season jig gear 

apportionment to catcher vessels less 

than 60 feet (18.3 m) LOA using pot or 

hook-and-line gear. 

The harvest specifications for Pacific 

cod included in the harvest 

specifications for groundfish in the 

BSAI (72 FR 9451, March 2, 2007) are 

revised as follows: 63 mt to the A season 

apportionment for vessels using jig gear 

and 2,321 mt to catcher vessels less than 

60 feet (18.3 m) LOA using pot or hookand-line gear. 

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 reallocation of Pacific cod 

specified for jig vessels to catcher 

vessels less than 60 feet (18.3 m) LOA 

using pot or hook-and-line gear. Since 

the fishery is currently open, it is 

important to immediately inform the 

industry as to the revised allocations. 

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 as well as 

processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of March 2, 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 2, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–1084 Filed 3–5–07; 1:46 pm] 

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