Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations 29893 

§ 660.520 Reporting requirements. 

(a) Otter interaction. (1) If a southern 

sea otter is entangled in a net, regardless 

of whether the animal is injured or 

killed, the vessel operator must report 

this interaction within 24 hours to the 

Regional Administrator. 

(2) While fishing for CPS, vessel 

operators must record all observations 

of otter interactions (defined as otters 

within encircled nets or coming into 

contact with nets or vessels, including 

but not limited to entanglement) with 

their purse seine net(s) or vessel(s). 

With the exception of an entanglement, 

which must be initially reported as 

described in paragraph (a)(1)of this 

section, all other observations must be 

reported within 20 days to the Regional 

Administrator. 

(3) When contacting NMFS after an 

interaction, vessel operators must 

provide the location (latitude and 

longitude) of the interaction and a 

description of the interaction itself. If 

available, location information should 

also include water depth, distance from 

shore, and relation to port or other 

landmarks. Descriptive information of 

the interaction should include: whether 

or not the otters were seen inside or 

outside the net; if inside the net, had the 

net been completely encircled; whether 

any otters came in contact with either 

the net or the vessel; the number of 

otters present; duration of interaction; 

the otter’s behavior during interaction; 

measures taken to avoid interaction. 

(b) [Reserved] 

[FR Doc. E7–10379 Filed 5–29–07; 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–XA45 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Pacific Cod in the 

Bering Sea and Aleutian Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening 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 fully use the 2007 

total allowable catch (TAC) of Pacific 

cod specified for 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.), May 27, 2007, through 2400 

hrs, A.l.t., December 31, 2007. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., June 8, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. Comments may be 

submitted by: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• FAX to 907–586–7557; 

• E-mail inseason-akr@noaa.gov and 

include in the subject line and body of 

the e-mail the document identifier: 

bspclt60re2 (E-mail comments, with or 

without attachments, are limited to 5 

megabytes); or 

• Webform at the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Follow the instructions at that site for 

submitting comments. 

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. 

NMFS closed directed fishing for 

Pacific cod by catcher vessels less than 

60 feet (18.3 m) LOA using pot or hookand-line gear in the BSAI under 

§ 679.20(d)(1)(iii) on March 30, 2007 (72 

FR 15848, April 3, 2007). The fishery 

was reopened on April 30, 2007 (72 FR 

18920, April 16, 2007) and was closed 

again on May 15, 2007 (72 FR 27980, 

May 18, 2007). 

NMFS has determined that as of May 

22, 2007, approximately 30 metric tons 

of Pacific cod remain in the 2007 Pacific 

cod TAC allocated to catcher vessels 

less than 60 feet (18.3 m) LOA using pot 

or hook-and-line gear in the BSAI. 

Therefore, in accordance with 

§ 679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and 

to fully use the 2007 TAC of Pacific cod 

specified for catcher vessels less than 60 

feet (18.3 m) LOA using pot or hookand-line gear in the BSAI, NMFS is 

terminating the previous closure and is 

opening directed fishing for Pacific cod 

by catcher vessels less than 60 feet (18.3 

m) LOA using pot or hook-and-line gear 

in the BSAI. The opening is effective 

1200 hrs, A.l.t., May 27, 2007, through 

2400 hrs, A.l.t., December 31, 2007. 

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 opening of the Pacific cod 

fishery by catcher vessels less than 60 

feet (18.3 m) LOA using pot or hookand-line gear in the BSAI. 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 

and processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of May 22, 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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Pacific cod by catcher vessels less than 

60 feet (18.3 m) LOA using pot or hookand-line gear in the BSAI to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until June 8, 2007. 

This action is required by § 679.25 

and is exempt from review under 

Executive Order 12866. 

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


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29894 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations 

Dated: May 23, 2007. 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–2674 Filed 5–24–07; 2:32 pm] 

BILLING CODE 3510–22–S 


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