Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations 18595 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01; I.D. 

040607E] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Rock Sole, Flathead 

Sole, and ‘‘Other Flatfish’’ by Vessels 

Using Trawl Gear in Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing directed 

fishing for rock sole, flathead sole, and 

‘‘other flatfish’’ by vessels using trawl 

gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the second seasonal allowance of the 

2007 halibut bycatch allowance 

specified for the trawl rock sole, 

flathead sole, and ‘‘other flatfish’’

fishery category in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 9, 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 second seasonal allowance of the 

2007 halibut bycatch allowance 

specified for the trawl rock sole, 

flathead sole, and ‘‘other flatfish’’

fishery category in the BSAI is 164 

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 § 679.21(e)(7)(v), 

the Administrator, Alaska Region, 

NMFS, has determined that the second 

seasonal allowance of the 2007 halibut 

bycatch allowance specified for the 

trawl rock sole, flathead sole, and ‘‘other 

flatfish’’ fishery category in the BSAI 

has been reached. Consequently, NMFS 

is closing directed fishing for rock sole, 

flathead sole, and ‘‘other flatfish’’ by 

vessels using trawl gear in the BSAI. 

‘‘Other flatfish’’ includes Alaska 

plaice, as well as all other flatfish 

species except for Pacific halibut (a 

prohibited species), Greenland turbot, 

rock sole, yellowfin sole, flathead sole, 

and arrowtooth flounder. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 

rock sole, flathead sole, and ‘‘other 

flatfish’’ 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 April 6, 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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: April 6, 2007. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–1823 Filed 4–9–07; 3:14 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. 

040607A] 

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). These actions are necessary to 

allow the 2007 B season total allowable 

catch (TAC) of Pacific cod to be 

harvested. 

DATES: Effective April 30, 2007, 1200 

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

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 

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 2007 B season allowance of the 

Pacific cod TAC specified for vessels 

using jig gear in the BSAI is 632 metric 

tons (mt) as established by the 2007 and 

2008 final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 

March 2, 2007) and the adjustment of 

the Pacific cod TACs in the BSAI on 

March 5, 2007 (72 FR 10428, March 8, 

2007), for the period 1200 hrs, A.l.t., 

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

August 31, 2007. See § 679.20(c)(3)(iii), 

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

The Administrator, Alaska Region, 

NMFS, has determined that jig vessels 

will not be able to harvest 532 mt of the 

B season apportionment of Pacific cod 

allocated to those vessels under 


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