Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations 4217 

(2) * * * 

(i) Mackerel ABC must be calculated 

using the formula ABC = T - C, where 

C is the estimated catch of mackerel in 

Canadian waters for the upcoming 

fishing year and T is the catch 

associated with a fishing mortality rate 

that is equal to Ftarget at BMSY or greater 

and decreases linearly to zero at BMSY or 

below. Values for Ftarget and BMSY are 

as calculated in the most recent stock 

assessment. 

* * * * * 

(iii) IOY is composed of RQ, DAH, 

and TALFF. RQ will be based on 

requests for research quota as described 

in paragraph (g) of this section. DAH, 

DAP, and JVP will be set after deduction 

for RQ, if applicable, and must be 

projected by reviewing data from 

sources specified in paragraph (b) of this 

section and other relevant data, 

including past domestic landings, 

projected amounts of mackerel 

necessary for domestic processing and 

for joint ventures during the fishing 

year, projected recreational landings, 

and other data pertinent for such a 

projection. The JVP component of DAH 

is the portion of DAH that domestic 

processors either cannot or will not use. 

In addition, IOY is based on the criteria 

set forth in the Magnuson-Stevens Act, 

specifically section 201(e), and on the 

following economic factors: 

* * * * * 

(c) Recommended measures. Based on 

the review of the data described in 

paragraph (b) of this section and 

requests for research quota as described 

in paragraph (g) of this section, the 

Monitoring Committee will recommend 

to the Squid, Mackerel, and Butterfish 

Committee the measures from the 

following list that it determines are 

necessary to ensure that the 

specifications are not exceeded: 

* * * * * 

(3) The amount of Loligo, Illex, and 

butterfish that may be retained, 

possessed and landed by vessels issued 

the incidental catch permit specified in 

§ 648.4(a)(5)(ii). 

* * * * * 

(f) * * * 

(1) A commercial quota will be 

allocated annually for Loligo squid into 

trimester periods, based on the 

following percentages: 

Trimester Percent 

I. January-April 43.0 

II. May-August 17.0 

III. September-October 40.0 

(2) Any underages of commercial 

period quota for Trimester I and II will 

be applied to Trimester III of the same 

year, and any overages of commercial 

quota for Trimesters I and II will be 

subtracted from Trimester III of the 

same year. 

* * * * * 

(g) * * * 

(2) * * * 

(ii) The NEFSC Director and the 

NOAA Grants Office will consider each 

panel member’s recommendation, 

provide final approval of the projects 

and the Regional Administrator may, 

when appropriate, exempt selected 

vessel(s) from regulations specified in 

each of the respective FMPs through 

written notification to the project 

proponent. 

* * * * * 

(5) If a proposal is disapproved by the 

NEFSC Director or the NOAA Grants 

Office, or if the Regional Administrator 

determines that the allocated research 

quota cannot be utilized by a project, 

the Regional Administrator shall 

reallocate the unallocated or unused 

amount of research quota to the 

respective commercial and recreational 

fisheries by publication of a notice in 

the Federal Register in compliance with 

the Administrative Procedure Act, 

provided: 

* * * * * 

■ 4. In § 648.22, paragraphs (a) and (c) 

are revised and paragraph (d) is added 

to read as follows: 

§ 648.22 Closure of the fishery. 

(a) Closing Procedures. (1) NMFS 

shall close the directed mackerel fishery 

in the EEZ when the Regional 

Administrator projects that 80 percent 

of the mackerel DAH is landed, if such 

a closure is necessary to prevent the 

DAH from being executed. The closure 

shall remain in effect for the remainder 

of the fishing year, with incidental 

catches allowed as specified in 

paragraph (c) of this section, until the 

entire DAH is attained. When the 

Regional Administrator projects that the 

DAH will be landed for mackerel, NMFS 

will close the mackerel fishery in the 

EEZ, and the incidental catches 

specified for mackerel in paragraph (c) 

of this section will be prohibited. 

(2) NMFS shall close the directed 

fishery in the EEZ for Loligo when the 

Regional Administrator projects that 90 

percent of the quota is harvested in 

Trimesters I and II, and when 95 percent 

of DAH has been harvested in Trimester 

III. The closure of the directed fishery 

shall be in effect for the remainder of 

the fishing period, with incidental 

catches allowed as specified in 

paragraph (c) of this section. 

(3) NMFS shall close the directed Illex 

or butterfish fishery in the EEZ when 

the Regional Administrator projects that 

95 percent of the Illex or butterfish DAH 

is landed. The closure of the directed 

fishery will be in effect for the 

remainder of the fishing year, with 

incidental catches allowed as specified 

in paragraph (c) of this section. 

* * * * * 

(c) Incidental catches. During a 

closure of the directed mackerel fishery, 

the possession limit for mackerel is 10 

percent, by weight, of the total amount 

of fish on board. For vessels that have 

been issued a Loligo or butterfish 

incidental catch permit (as specified at 

§ 648.4(a)(5)(ii)) or during a closure of 

the directed fishery for Loligo or 

butterfish, the possession limit for 

Loligo and butterfish is 2,500 lb (1.13 

mt) each. For vessels that have been 

issued an Illex incidental catch permit 

(specified at § 648.4(a)(5)(ii)) or during a 

closure of the directed fishery for Illex, 

the possession limit for Illex is 10,000 

lb (4.54 mt). Vessels may not land more 

than these limits and may only land 

once during any single calendar day, 

which is defined as the 24 hr period 

beginning at 0001 hours and ending at 

2400 hours. 

[FR Doc. E7–1445 Filed 1–29–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216045–6045–01; I.D. 

012507A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels 60 Feet (18.3 Meters) 

Length Overall and Using Pot 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 

60 feet (18.3 meters (m)) length overall 

(LOA) and longer using pot gear in the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the A 

season allowance of the 2007 Pacific 

cod allowable catch (TAC) specified for 

catcher vessels using pot gear in the 

BSAI. 


ycherry on PROD1PC64 with RULES
4218 Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 26, 2007, though 

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 A season allowance of the 2007 

Pacific cod TAC allocated to catcher 

vessels using pot gear in the BSAI is 

6,050 metric tons as established by the 

2006 and 2007 final harvest 

specifications for groundfish in the 

BSAI (71 FR 13777, March 17, 2006). 

See § 679.20(c)(3)(iii), (c)(5), (a)(7)(i)(A), 

and (a)(7)(i)(C)(1)(iv). 

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

the Administrator, Alaska Region, 

NMFS, has determined that the A 

season allowance of the 2007 Pacific 

cod TAC allocated to catcher vessels 

using pot gear in the BSAI has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels 60 feet (18.3 m) 

LOA and longer using pot gear in the 

BSAI. Vessels less than 60 feet (18.3 m) 

LOA using pot gear in the BSAI may 

continue to participate in the directed 

fishery for Pacific cod under a separate 

Pacific cod allocation to catcher vessels 

less than 60 feet (18.3 m) LOA using 

hook-and-line or pot gear. 

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 60 feet (18.3 m) LOA and 

longer using pot 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 January 24, 

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 25, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–391 Filed 1–25–07; 2:20 pm] 

BILLING CODE 3510–22–S 


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