31758 Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Rules and Regulations 

The TAL for tilefish for the 2007 

fishing year was set at 1.995 million lb 

(905,172 kg) and then adjusted 

downward by 5 percent to 1,895,250 lb 

(859,671 kg) to account for incidental 

catch. There was no research set-aside 

for the 2007 fishing year. Thus, the Fulltime Tier 2 permit quota for the 2007 

fishing year, which is equal to 15 

percent of the TAL, was specified at 

284,288 lb (106,108 kg). Notification of 

the 2007 Full-time Tier 2 category quota 

for the 2007 fishing year was published 

in the Federal Register on October 31, 

2006 (71 FR 63703). 

The Administrator, Northeast Region, 

NMFS (Regional Administrator) 

monitors the commercial tilefish quota 

for each fishing year using dealer 

reports, vessel catch reports, and other 

available information to determine 

when the quota for each limited access 

permit category is projected to have 

been harvested. NMFS is required to 

publish notification in the Federal 

Register notifying commercial vessels 

and dealer permit holders that, effective 

upon a specific date, the tilefish TAL for 

the specific limited access category has 

been harvested and no commercial 

quota is available for harvesting tilefish 

by that category for the remainder of the 

fishing year, from the Golden Tilefish 

Management Unit. 

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that the 

2007 tilefish TAL for the Full-time Tier 

2 category has been harvested. 

Therefore, effective 0001 hr local time, 

June 7, 2007, further landings of tilefish 

harvested from the Golden Tilefish 

Management Unit by tilefish vessels 

holding Full-time Tier 2 category 

Federal fisheries permits are prohibited 

through October 31, 2007. The 2008 

fishing year for commercial tilefish 

harvest will open on November 1, 2007. 

Federally permitted dealers are also 

advised that, effective June 7, 2007, they 

may not purchase tilefish from Full-time 

Tier 2 category federally permitted 

tilefish vessels who land tilefish 

harvested from the Golden Tilefish 

Management Unit for the remainder of 

the 2007 fishing year (through October 

31, 2007). 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

E.O. 12866. 

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

Dated: June 05, 2007. 

Alan D. Risenhoover, 

Director, Office Of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–2858 Filed 6–5–07; 1:25 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XA70 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less than 60 Feet 

(18.3 m) LOA Using Pot or Hook-andLine 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 vessels 

less than 60 feet (18.3 meters (m)) length 

overall (LOA) using pot or hook-andline gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the 2007 Pacific cod total allowable 

catch (TAC) allocated to catcher vessels 

less than 60 feet (18.3 m) LOA using pot 

or hook-and-line gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), June 6, 2007, 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 and 2008 final harvest 

specifications for groundfish in the 

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

reallocation on March 5, 2007 (72 FR 

10428, March 8, 2007), and the 

reallocation on April 31, 2007 (72 FR 

18595, April 30, 2007) allocated a 

directed fishing allowance for Pacific 

cod of 2,853 metric tons to catcher 

vessels less than 60 feet (18.3 m) LOA 

using pot or hook-and-line gear in the 

BSAI. 

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

the Regional Administrator finds that 

the 2007 Pacific cod directed fishing 

allowance allocated to catcher vessels 

less than 60 feet (18.3 m) LOA using pot 

or hook-and-line gear in the BSAI has 

been reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels less than 60 feet 

(18.3 m) LOA using pot or hook-andline 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 vessels less than 60 feet (18.3 m) 

LOA using pot or hook-and-line 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 June 4, 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 section 

679.20 and is exempt from review under 

Executive Order 12866. 

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

Dated: June 4, 2007 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–2857 Filed 6–5–07; 1:25 pm] 

BILLING CODE 3510–22–S 


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