[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Rules and Regulations]
[Pages 5644-5645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-537]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 020107F]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel 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; closures and openings.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel with 
gears other than jig gear in the Eastern Aleutian District and the 
Bering Sea subarea of the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to prevent exceeding the 2007 
total allowable catch (TAC) of Atka mackerel in these areas. NMFS is 
also announcing the opening and closing dates of the first and second 
directed fisheries within the harvest limit area (HLA) in Statistical 
Areas 542 and 543. These actions are necessary to conduct directed 
fishing for Atka mackerel in the HLA in areas 542 and 543.

DATES: The effective dates are provided in Table 1 under the 
SUPPLEMENTARY INFORMATION section of this temporary action.

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 2007 TAC of Atka mackerel specified for other gear in the 
Eastern Aleutian District and the Bering Sea subarea was established as 
3,434 metric tons (mt) by the 2006 and 2007 final harvest 
specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006). 
See Sec.  679.20(a)(8)(ii) and (c)(3)(iii).
    In accordance with Sec.  679.20(d)(1)(i) and (d)(1)(ii)(B), the 
Acting Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that 800 mt of the 2007 Atka mackerel TAC for other gear in 
the Eastern Aleutian District and the Bering Sea subarea will be 
necessary as incidental catch to support other anticipated groundfish 
fisheries. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 2,634 mt. 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 by vessels using other gear in the 
Eastern Aleutian District and the Bering Sea subarea.
    In accordance with Sec.  679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543, 48 hours after the closure of the 
Eastern Aleutian District and the Bering Sea subarea Atka mackerel 
directed fishery. The Regional Administrator has established the 
opening date for the second HLA directed fisheries as 48 hours after 
the last closure of the first HLA fisheries in either area 542 or 543. 
Consequently, NMFS is opening and

[[Page 5645]]

closing directed fishing for Atka mackerel in the HLA of areas 542 and 
543 in accordance with the periods listed under Table 1 of this notice.

                   Table 1. Effective dates and times
------------------------------------------------------------------------
                                                Effective Date\1\
      Action               Area        ---------------------------------
                                              From              To
------------------------------------------------------------------------
Closing Atka        Eastern Aleutian    1200 hrs,        1200 hrs,
 Mackerel with       District and the    February 3,      September 1,
 gears other than    Bering Sea          2007             2007
 jig gear            subarea
------------------------------------------------------------------------
Opening the first   542                 1200 hrs,        1200 hrs,
 directed fishery                        February 5,      February 19,
 in the HLA                              2007             2007
                   -----------------------------------------------------
                    543                 1200 hrs,        1200 hrs,
                                         February 5,      February 6,
                                         2007             2007
------------------------------------------------------------------------
Opening the second  542                 1200 hrs,        1200 hrs, March
 directed fishery                        February 21,     7, 2007
 in the HLA                              2007
                   -----------------------------------------------------
                    543                 1200 hrs,        1200 hrs,
                                         February 21,     February 22,
                                         2007             2007
------------------------------------------------------------------------
\1\Alaska local time

    In accordance with Sec.  679.20(a)(8)(iii)(A) and (B), vessels 
using trawl gear for directed fishing for Atka mackerel have previously 
registered with NMFS to fish in the HLA fisheries in areas 542 and/or 
543. NMFS has randomly assigned each vessel to the directed fishery or 
fisheries for which they have registered. NMFS has notified each vessel 
owner as to which fishery each vessel has been assigned by NMFS (72 FR 
2201, January 18, 2006).
    In accordance with the 2006 and 2007 final harvest specifications 
for groundfish in the BSAI (71 FR 10894, March 3, 2006), inseason 
adjustment (72 FR 1463, January 12, 2007), and Sec.  
679.20(a)(8)(ii)(C)(1), the HLA limits of the A season allowance of the 
2007 TACs in areas 542 and 543 are 8,214 mt and 2,664 mt, respectively. 
Based on those limits and the proportion of the number of vessels in 
each fishery compared to the total number of vessels participating in 
the HLA directed fishery for area 542 or 543, the harvest limit for 
each HLA directed fishery in areas 542 and 543 are as follows: for the 
first directed fishery in area 542, 4,107 mt; for the first directed 
fishery in area 543, 1,332 mt; for the second directed fishery in area 
542, 4,107 mt; and for the second directed fishery in area 543, 1,332 
mt. In accordance with Sec.  679.20(a)(8)(iii)(E), the Regional 
Administrator has establish the closure dates of the Atka mackerel 
directed fisheries in the HLA for areas 542 and 543 based on the amount 
of the harvest limit and the estimated fishing capacity of the vessels 
assigned to the respective fisheries. Consequently, NMFS is prohibiting 
directed fishing for Atka mackerel in the HLA of areas 542 and 543 in 
accordance with the dates and times listed in Table 1 of this notice.
    After the effective dates of these closures, 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 a 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 the Atka mackerel fishery in the Eastern 
Aleutian District and the Bering Sea subarea and the opening and 
closing of the fisheries for the HLA limits established for area 542 
and area 543 pursuant to the 2007 Atka mackerel TAC. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of February 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.
    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: February 1, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-537 Filed 2-2-07; 2:22 pm]
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