5644 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations 

TABLE 1. FINAL SPECIFICATIONS, IN METRIC TONS (MT), FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR 2007 

FISHING YEAR. 

Specifications Loligo Illex Mackerel Butterfish 

Max OY 26,000 24,000 N/A 12,175 

ABC 17,000 24,000 186,000 4,545 

IOY 16,4901 24,000 115,0002 1,681 

DAH 16,490 24,000 115,0003 1,681 

DAP 16,490 24,000 100,000 1,681 

JVP 0 0 0 0 

TALFF 0 0 0 0 

1 Excludes 510 mt for Research Quota (RQ). 2 IOY may be increased during the year, but the total ABC will not exceed 186,000 mt. 3 Includes 15,000 mt of Atlantic mackerel recreational allocation. 

2. On page 4213, Table 2, title heading 

is corrected and the table text is 

republished to read as follows: 

TABLE 2. TRIMESTER ALLOCATION OF Loligo SQUID QUOTA IN 2007 

Trimester Percent Metric Tons1 RQ 

(mt) 

I (Jan–Apr) 43.0 7,090.7 NA 

II (May–Aug) 17.0 2,803.3 NA 

III (Sep–Dec) 40.0 6,596.0 NA 

Total 100 16,490 510 

1 Trimester allocations after 510 mt RQ deduction. 

Dated: February 01, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory programs, National Marine 

Fisheries Service. 

[FR Doc. E7–2042 Filed 2–6–07; 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. 

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. 

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 § 679.20(a)(8)(ii) and (c)(3)(iii). 

In accordance with § 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 § 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 

§ 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 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations 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

Action Area 

Effective Date1

From To 

Closing 

Atka 

Mackerel 

with 

gears 

other than 

jig gear 

Eastern 

Aleutian 

District 

and the 

Bering 

Sea subarea 

1200 

hrs, 

February 3, 

2007 

1200 

hrs, 

September 

1, 2007 

Opening 

the first 

directed 

fishery in 

the HLA 

542 1200 

hrs, 

February 5, 

2007 

1200 

hrs, 

February 

19, 

2007 

543 1200 

hrs, 

February 5, 

2007 

1200 

hrs, 

February 6, 

2007 

Opening 

the second directed 

fishery in 

the HLA 

542 1200 

hrs, 

February 

21, 

2007 

1200 

hrs, 

March 

7, 2007 

543 1200 

hrs, 

February 

21, 

2007 

1200 

hrs, 

February 

22, 

2007 

1Alaska local time 

In accordance with 

§ 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 

§ 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 

§ 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 § 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 § 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] 

BILLING CODE 3510–22–S 


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