7750 Federal Register / Vol. 72, No. 33 / Tuesday, February 20, 2007 / Rules and Regulations 

apportioned to vessels catching Pacific 

cod for processing by the offshore 

component of the Western Regulatory 

Area of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 13, 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 14, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–742 Filed 2–14–07; 1:44 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

021407C] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Offshore 

Component in the Central Regulatory 

Area of the Gulf of Alaska 

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 vessels 

catching Pacific cod for processing by 

the offshore component in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the A season 

allocation of the 2007 total allowable 

catch (TAC) of Pacific cod apportioned 

to vessels catching Pacific cod for 

processing by the offshore component of 

the Central Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 14, 2007, until 

2400 hrs, A.l.t., September 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 A season allocation of the 2007 

TAC of Pacific cod apportioned to 

vessels catching Pacific cod for 

processing by the offshore component of 

the Central Regulatory Area of the GOA 

is 1,224 metric tons (mt) as established 

by the 2006 and 2007 harvest 

specifications for groundfish of the GOA 

(71 FR 10870, March 3, 2006). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the A season allocation 

of the 2007 TAC of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the offshore 

component of the Central Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 874 mt, and is setting aside 

the remaining 350 mt as bycatch to 

support other anticipated groundfish 

fisheries. 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 Pacific cod by 

vessels catching Pacific cod for 

processing by the offshore component in 

the Central Regulatory Area of the GOA. 

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 

apportioned to vessels catching Pacific 

cod for processing by the offshore 

component of the Central Regulatory 

Area of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 13, 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 14, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–743 Filed 2–14–07; 1:44 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

021407D] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Inshore Component in the 

Western Regulatory Area of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for the A season allowance of the 

2007 Pacific cod sideboard limits 

apportioned to non-American Fisheries 

Act (AFA) crab vessels catching Pacific 

cod for processing by the inshore 

component in the Western Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2007 

Pacific cod sideboard limits apportioned 

to non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 16, 2007, until 

1200 hrs, A.l.t., September 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 


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Federal Register / Vol. 72, No. 33 / Tuesday, February 20, 2007 / Rules and Regulations 7751 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 A season allowance of 2007 

Pacific cod sideboard limits apportioned 

to non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA is 705 metric tons (mt) 

for the GOA, as established by the 2006 

and 2007 harvest specifications for 

groundfish of the GOA (71 FR 10870, 

March 3, 2006). 

In accordance with § 680.22(e)(2)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the A season allowance 

of the 2007 Pacific cod sideboard limits 

apportioned to non-AFA crab vessels 

catching Pacific cod for processing by 

the inshore component in the Western 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a 

sideboard directed fishing allowance for 

Pacific cod as 700 mt in the Gulf of 

Alaska. The remaining 5 mt in the Gulf 

of Alaska will be set aside as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 680.22(e)(3), the Regional 

Administrator finds that this sideboard 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA. 

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 sideboard directed fishing 

closure of Pacific cod apportioned to 

non-AFA crab vessels catching Pacific 

cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 13, 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 § 680.22 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 14, 2007. 

Alan Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–744 Filed 2–14–07; 1:44 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

021207C] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Chiniak Gully 

Research Area for Vessels Using Trawl 

Gear 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS is rescinding the trawl 

closure in the Chiniak Gully Research 

Area. This action is necessary to allow 

vessels using trawl gear to participate in 

directed fishing for groundfish in the 

Chiniak Gully Research Area. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 1, 2007, through 

2400 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 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 Chiniak Gully Research Area is 

closed to vessels using trawl gear from 

August 1 to a date no later than 

September 20 under regulations at 

§ 679.22(b)(6)(ii)(A). This closure is in 

support of a research project to evaluate 

the effects of commercial fishing on 

pollock distribution and abundance, as 

part of a comprehensive investigation of 

Stellar sea lion and commercial fishery 

interactions. 

The regulations at § 679.22(b)(6)(ii)(B) 

provide that the Acting Regional 

Administrator, Alaska Region, NMFS, 

(Regional Administrator) shall rescind 

the trawl closure if relevant research 

activities will not be conducted. The 

Regional Administrator has determined 

that research activities will not be 

conducted in 2007 in the Chiniak Gully 

Research Area. Therefore, the Regional 

Administrator is rescinding the trawl 

closure of the Chiniak Gully Research 

Area. All other closures remain in full 

force and effect. 

Classification 

Pursuant to 5 U.S.C. 553 (b)(B), the 

Assistant Administrator for Fisheries, 

NOAA (AA) finds good cause to waive 

prior notice and an opportunity for 

public comment on this action, as notice 

and comment is unnecessary. Notice 

and comment is unnecessary because 

the rescission of the trawl closure is 

non-discretionary; pursuant to 

§ 679.22(b)(6)(ii)(B), the Regional 

Administrator has no choice but to 

rescind the trawl closure once it is 

determined that research activities will 

not be conducted in the area. 

Pursuant to 5 U.S.C. 553(d)(1), this 

rule is not subject to the 30-day delay 

in effective date requirement of 5 U.S.C. 

553(d) since the rule relieves a 

restriction. 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866. 

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

Dated: February 12, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–2828 Filed 2–19–07; 8:45 am] 

BILLING CODE 3510–22–S 


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