56934 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules and Regulations 

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 using pot 

gear in the BSAI under 

§ 679.20(d)(1)(iii) on September 28, 

2007 (72 FR 56016, October 2, 2007). As 

of October 1, 2007, approximately 529 

metric tons of Pacific cod remain in the 

2007 Pacific cod TAC allocated to 

catcher vessels using pot gear in the 

BSAI. Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully use the 2007 

TAC of Pacific cod specified for catcher 

vessels using pot gear in the BSAI, 

NMFS is terminating the previous 

closure and is opening directed fishing 

for Pacific cod by catcher vessels using 

pot gear in the BSAI. The opening is 

effective 1200 hrs, A.l.t., October 2, 

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 using pot 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 October 1, 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 using pot 

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 

October 17, 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. 

Dated: October 1, 2007. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–4955 Filed 10–2–07; 1:38 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–XD11 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Processor Vessels Using 

Hook-and-line 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 

processor vessels using hook-and-line 

gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the 2007 directed fishing allowance 

(DFA) of Pacific cod specified for 

catcher processor vessels using hookand-line gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 2, 2007, until 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 Pacific cod TAC allocated to 

catcher processor vessels using hookand-line gear in the BSAI as a DFA of 

68,105 metric tons (mt) is established by 

the 2007 and 2008 final harvest 

specifications for groundfish in the 

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

a reallocation (72 FR 52493, September 

14, 2007). See § 679.20(c)(3)(iii) and 

(c)(5), and (a)(7)(i)(C). 

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

the Administrator, Alaska Region, 

NMFS, has determined that the 2007 

Pacific cod TAC allocated to catcher 

processor vessels using hook-and-line 

gear in the BSAI has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher processor vessels using hookand-line 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 hookand-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 September 28, 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. 


yshivers on PROD1PC62 with RULES
Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules and Regulations 56935 

Dated: September 28, 2007. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–4956 Filed 10–2–07; 1:38 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 697 

[Docket No. 0612243160–7448–02; I.D. 

112505A] 

RIN 0648–AU07 

Atlantic Coastal Fisheries Cooperative 

Management Act Provisions; American 

Lobster Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS amends the Federal 

American lobster (Homarus americanus) 

regulations to implement further 

minimum carapace length (gauge) 

increases, an escape vent size increase, 

and trap reductions in the offshore 

American lobster fishery, consistent 

with recommendations for Federal 

action made by the Atlantic States 

Marine Fisheries Commission 

(Commission) and in support of the 

Commission’s Interstate Fishery 

Management Plan for American Lobster 

(ISFMP). 

DATES: Effective November 4, 2007. 

ADDRESSES: Copies of the American 

lobster Environmental Assessment/ 

Regulatory Impact Review/Final 

Regulatory Flexibility Analysis (EA/ 

RIR/FRFA) prepared for this regulatory 

action are available upon request from 

Harold Mears, Director, State, Federal 

and Constituent Programs Office, 

Northeast Region, NMFS, One 

Blackburn Drive, Gloucester, MA 01930. 

FOR FURTHER INFORMATION CONTACT: 

Peter Burns, Fishery Management 

Specialist, (978) 281–9144, fax (978) 

281–9117, e-mail peter.burns@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Statutory Authority 

These new regulations would modify 

Federal lobster conservation 

management measures in the Exclusive 

Economic Zone (EEZ) under the 

authority of section 804 of the Atlantic 

Coastal Fisheries Cooperative 

Management Act (Atlantic Coastal Act) 

16 U.S.C 5101 et seq., which states, in 

the absence of an approved and 

implemented Fishery Management Plan 

under the Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act (Magnuson-Stevens 

Act) (16 U.S.C. 1801 et seq.) and, after 

consultation with the appropriate 

Fishery Management Council(s), the 

Secretary of Commerce may implement 

regulations to govern fishing in the EEZ, 

i.e., from 3 to 200 nautical miles (nm) 

offshore. The regulations must be (1) 

compatible with the effective 

implementation of an ISFMP developed 

by the Commission and (2) consistent 

with the national standards set forth in 

section 301 of the Magnuson-Stevens 

Act. 

Purpose and Need for Management 

American lobsters are managed 

within the framework of the 

Commission. The Commission serves to 

develop fishery conservation and 

management strategies for certain 

coastal species and coordinates the 

efforts of the states and Federal 

Government toward concerted 

sustainable ends. The Commission, 

under the provisions of the Atlantic 

Coastal Act, decides upon a 

management strategy as a collective and 

then forwards that strategy to the states 

and Federal Government, along with a 

recommendation that the states and 

Federal Government take action (e.g., 

enact regulations) in furtherance of this 

strategy. The Federal Government is 

obligated by statute to support the 

Commission’s overall efforts. Relevant 

to this action, the Commission’s Lobster 

Board recommended that the Federal 

Government create regulations 

consistent with the measures set forth in 

the Commission’s Lobster ISFMP as 

identified in Addenda II, III, and IV and 

XI to Amendment 3 of the ISFMP. As 

initially adopted, these addenda 

included management measures for 

several lobster conservation 

management areas (LCMAs/Areas) 

including Area 3, the Outer Cape Cod 

(Outer Cape) Area and Area 1. 

Specifically, these measures included 

an escape vent size increase for both 

Area 1 and the Outer Cape Area and a 

series of gauge increases for the Outer 

Cape Area in addition to the measures 

considered for Area 3. However, the 

Commission’s American Lobster 

Management Board (Board), in May 

2006, determined that only the Area 3 

measures were required and repealed 

those specific to the Outer Cape Area 

and Area 1. Consequently, NMFS will 

implement regulatory measures in three 

general categories for LCMA 3: (1) 

Gauge size increases (recommended in 

Addenda II); (2) an escape vent size 

increase (recommended in Addendum 

IV) and a delay in the implementation 

of the escape vent size increase until 

2010 (Addendum XI); and (3) trap 

reductions (recommended in 

Addendum IV and Addendum XI). 

These regulatory changes serve as the 

Federal Government’s response to the 

Commission’s requested action and are 

consistent with NMFS’ resource 

objectives, legal mandates, and overall 

practical/managerial requirements. The 

management measures for the areas 

other than Area 3 associated with these 

addenda and recommended for Federal 

implementation by the Commission will 

be addressed in future and ongoing 

rulemakings. 

The Area 3 broodstock and effort 

control measures relevant to this action 

directly address the concerns of the 

most recent stock assessment. The peerreviewed lobster stock assessment in 

2005 showed that the American lobster 

resource presents a mixed picture (see 

the Commission Stock Assessment 

Report No. 06–03, published January 

2006 at www.asmfc.org.). One theme 

throughout the assessment was the high 

fishing effort and high mortality rates in 

all three stock areas. The assessment 

indicated that there is stable abundance 

for the Georges Bank (GBK) stock and 

much of the Gulf of Maine (GOM) stock 

and decreased abundance and 

recruitment, yet continued high fishing 

mortality rates, for the Southern New 

England (SNE) stock and in Statistical 

Area 514 (Massachusetts Bay and 

Stellwagen Bank) in the GOM stock. Of 

particular concern in the 2005 peerreviewed stock assessment report is the 

SNE stock, where depleted stock 

abundance and recruitment coupled 

with high fishing mortality rates over 

the past few years led the stock 

assessment and peer review panel to 

recommend additional harvest 

restrictions. The SNE stock 

encompasses all of Areas 4, 5, and 6, 

and part of Areas 2 and 3. Overall, stock 

abundance in the GOM is relatively high 

with recent fishing mortality 

comparable to the past. The GOM stock 

encompasses all of Area 1, and part of 

both Area 3 and the Outer Cape 

Management Area. Currently, high 

lobster fishing effort levels in GOM 

continue in concert with high stock 

abundance, although high effort levels 

are not likely to be supportable if 

abundance returns to long-term median 

levels. The GBK stock seems stable, 

with current abundance and fishing 

mortality similar to the 20–year average. 

The GBK stock encompasses part of 

Areas 2, 3, and the Outer Cape 

Management Area. While the report 


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