Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations 44793 

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 TAC of Pacific cod specified 

for catcher processor vessels using trawl 

gear in the BSAI is 37,110 metric tons 

(mt) as established by the 2007 and 2008 

final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 

March 2, 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, has determined that the 2007 

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 32,310 mt, and is setting 

aside the remaining 4,800 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 August 3, 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: August 6, 2007. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–3889 Filed 8–6–07; 12:59 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–XB88 

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 third 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.), August 6, 2007, through 

1200 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 third 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 167 

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 third 

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 August 3, 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: August 6, 2007. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–3894 Filed 8–8–07; 2:03 pm] 

BILLING CODE 3510–22–S 


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