Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations 27067 

■ 4. Under subpart E, add a new 

§ 665.72 to read as follows: 

§ 665.72 Closed seasons. 

(a) All fishing for, or possession of, 

any Hawaii Prohibited Bottomfish 

Management Unit Species, as specified 

in § 665.71, is prohibited in the Main 

Hawaiian Islands Management Subarea 

during May 15, 2007, through 

September 30, 2007, inclusive. All such 

species possessed in the Main Hawaiian 

Islands Management Subarea are 

presumed to have been taken and 

retained from that subarea, unless 

otherwise demonstrated by the person 

in possession of those species. 

(b) Hawaii Prohibited Bottomfish 

Management Unit Species, as specified 

in § 665.71, may not be sold or offered 

for sale during May 15, 2007, through 

September 30, 2007, inclusive, except as 

otherwise authorized by law. 

[FR Doc. E7–9213 Filed 5–11–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XA23 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Processor Vessels Using 

Trawl Gear 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher 

processor vessels using trawl gear in the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2007 

second seasonal allowance of the Pacific 

cod total allowable catch (TAC) 

specified for catcher processor vessels 

using trawl gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 10, 2007, through 1200 

hrs, A.l.t., June 10, 2007. 

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. 

The 2007 second seasonal allowance 

of the Pacific cod TAC specified for 

catcher processor vessels using trawl 

gear in the BSAI is 11,133 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., April 1, 2007, through 1200 hrs, 

A.l.t., June 10, 2007. See 

§ 679.20(c)(3)(iii), § 679.20(c)(5), and 

§ 679.20(a)(7)(i)(B). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2007 second 

seasonal allowance of the Pacific cod 

TAC specified for catcher processor 

vessels using trawl gear in the BSAI will 

soon be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 8,933 mt, and is 

setting aside the remaining 2,200 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher processor vessels using trawl 

gear in the BSAI. 

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 Pacific cod by 

catcher processor 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 May 8, 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: May 9, 2007. 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–2364 Filed 5–9–07; 1:57 pm] 

BILLING CODE 3510–22–S 


ycherry on PROD1PC64 with RULES