59952 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations 

the Federal Register. Effective 0001 

hours, October 20, 2007, federally 

permitted dealers are also notified that 

they may not purchase summer flounder 

from federally permitted vessels that 

land in New York for the remainder of 

the calendar year, or until additional 

quota becomes available through a 

transfer from another state. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

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

Dated: October 17, 2007. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–5228 Filed 10–22–07; 3:08 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–XD53 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels 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 

using pot 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 vessels using pot 

gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 18, 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 vessels using pot gear in the 

BSAI as a DFA of 12,129 metric tons 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). The fishery was previously 

closed to directed fishing on September 

28, 2007 (72 FR 56016, October 2, 2007) 

and reopened on October 2, 2007 (72 FR 

56933, October 5, 2007). 

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

the Administrator, Alaska Region, 

NMFS, has determined that 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 using pot 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 vessels 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 October 17, 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: October 17, 2007. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–5227 Filed 10–18–07; 3:08 pm] 

BILLING CODE 3510–22–S 


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