Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 2793 

FOR COASTAL MIGRATORY PELAGIC FISH (KING

MACKEREL, SPANISH MACKEREL, CERO, COBIA, 

LITTLE TUNNY, AND, IN THE GULF OF MEXICO

ONLY, DOLPHIN AND BLUEFISH) IS MANAGED

UNDER THE FISHERY MANAGEMENT PLAN FOR

THE COASTAL MIGRATORY PELAGIC RESOURCES

OF THE GULF OF MEXICO AND SOUTH

ATLANTIC (FMP). THE FMP WAS PREPARED

BY THE GULF OF MEXICO AND SOUTH

ATLANTIC FISHERY MANAGEMENT COUNCILS

(COUNCILS) AND IS IMPLEMENTED UNDER

THE AUTHORITY OF THE MAGNUSON-STEVENS

FISHERY CONSERVATION AND MANAGEMENT

ACT (MAGNUSON-STEVENS ACT) BY

REGULATIONS AT 50 CFR PART 622. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001) NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. The quota 

implemented for the Florida east coast 

subzone is 1,040,625 lb (472,020 kg) (50 

CFR 622.42(c)(1)(i)(A)(1)). 

In accordance with 50 CFR 

622.44(a)(2)(i), beginning on February 1, 

if less than 75 percent of the Florida east 

coast subzone quota has been harvested 

by that date, king mackerel in or from 

that subzone may be possessed on board 

or landed from a permitted vessel in 

amounts not exceeding 75 fish per day. 

The 75–fish daily trip limit will 

continue until a closure of the subzone’s 

fishery has been effected or the fishing 

year ends on March 31, 2007. 

NMFS has determined that 75 percent 

of the quota for Gulf group king 

mackerel for vessels using hook-andline gear in the Florida east coast 

subzone will not be reached before 

February 1, 2007. Accordingly, a 75–fish 

trip limit applies to vessels in the 

commercial hook-and-line fishery for 

king mackerel in or from the EEZ in the 

Florida east coast subzone effective 

12:01 a.m., local time, February 1, 2007. 

The 75–fish trip limit will remain in 

effect until the fishery closes or until the 

end of the current fishing season (March 

31, 2007) for this subzone. From 

November 1 through March 31, the 

Florida east coast subzone of the Gulf 

group king mackerel is that part of the 

eastern zone north of 25°20.4′ N. lat. (a 

line directly east from the Miami-Dade 

County, FL, boundary). 

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 in 5 

U.S.C. 553(b)(B), as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the trip limit 

increase. Allowing prior notice and 

opportunity for public comment for this 

trip limit increase is contrary to the 

public interest because it requires time, 

thus delaying fishermen’s ability to 

catch more king mackerel than the 

present trip limit allows and preventing 

fishermen from reaping the 

socioeconomic benefits derived from 

this increase in daily catch. 

As this action allows fishermen to 

increase their harvest of king mackerel 

from 50 fish to 75 fish per day in or 

from the EEZ of the Florida east coast 

subzone, the AA finds it relieves a 

restriction and may go into effect on its 

effective date pursuant to 5 U.S.C. 

553(d)(1). This action is taken under 50 

CFR 622.43(a) and is exempt from 

review under Executive Order 12866. 

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

Dated: January 18, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–945 Filed 1–22–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

011707G] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

630 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2007 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 22, 2007, through 

1200 hrs, A.l.t., March 10, 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 MagnusonStevens 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 allowance of the 2007 

TAC of pollock in Statistical Area 630 

in the GOA is 3,234 metric tons (mt) as 

established by the 2006 and 2007 

harvest specifications for groundfish of 

the GOA (71 FR 10870, March 3, 2006). 

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

the Regional Administrator has 

determined that the A season allowance 

of the 2007 TAC of pollock in Statistical 

Area 630 in the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 2,934 mt, and is 

setting aside the remaining 300 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 pollock in Statistical 

Area 630 in the GOA. 

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 pollock in 

Statistical Area 630 in the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 


jlentini on PROD1PC65 with RULES
2794 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 

because the most recent, relevant data 

only became available as of January 17, 

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: January 18, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–265 Filed 1–18–07; 2:04 pm] 

BILLING CODE 3510–22–S 


jlentini on PROD1PC65 with RULES