[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Rules and Regulations]
[Page 52491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4561]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XC56


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel With Gears Other than Jig in the Eastern Aleutian District and 
the Bering Sea Subarea 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.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel with 
gears other than jig in the Eastern Aleutian District and the Bering 
Sea subarea in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2007 Atka 
mackerel total allowable catch (TAC) with gears other than jig in the 
Eastern Aleutian District and the Bering Sea subarea in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 11, 
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 2007 Atka mackerel TAC for gears other than jig in the Eastern 
Aleutian District and the Bering Sea subarea in the BSAI is 22,015 
metric tons (mt) as established by the 2007 and 2008 final harvest 
specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2007 
Atka mackerel TAC for gears other than jig in the Eastern Aleutian 
District and the Bering Sea subarea in the BSAI will soon be reached. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 21,915 mt, and is setting aside the remaining 100 
mt as bycatch to support other anticipated groundfish fisheries. In 
accordance with Sec.  679.20(d)(1)(iii), the Regional Administrator 
finds that this directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for Atka mackerel 
for gears other than jig in the Eastern Aleutian District and the 
Bering Sea subarea in the BSAI.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  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 Atka mackerel for gears other than jig in 
the Eastern Aleutian District and the Bering Sea subarea of 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 
September 10, 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 11, 2007.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-4561 Filed 9-11-07; 3:00 pm]
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