Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 8291 

early warning of projected closures, thus 

allowing the affected vessels to better 

plan for fishing operations. Better 

planning would avoid unnecessary trip 

preparation and allow the opportunity 

to change gear for fishing in alternative 

longline fisheries, such as the Hawaiibased deep-set (tuna) longline fishery. 

Alternative 1 (no action) would prevent 

direct economic losses to affected 

vessels. However, this alternative would 

not provide adequate protection to sea 

turtles. Alternatives 3 (shifting the 

shallow-set fishing season) and 4 

(limited time/area closures) could 

partially mitigate the economic impacts 

to small entities associated with the 

proposed alternative by lengthening the 

fishing season, which would distribute 

landings to avoid flooding the market 

and allowing for price stability. The 

small entities also would be better able 

to plan their fishing operations, 

especially if they participate in another 

fishery when not targeting swordfish, 

and mitigate adverse economic impacts, 

such as unreasonably low prices, which 

can arise from the market becoming 

flooded as the fishery is closed and all 

vessels return to port. Because the high 

turtle interaction rates experienced in 

the 2006 fishing year may have been an 

anomaly, and in future years the fishery 

may not reach either turtle interaction 

limit, the time/area closures as proposed 

in Alternative 4, and the shifting of the 

shallow-set fishing season as proposed 

in Alternative 3 are not preferred at this 

time. Also, to design and implement 

such measures as identified in 

Alternative 4, additional information is 

needed about sea turtle migration and 

foraging behavior, and the nature of 

interactions between fishing gear and 

sea turtles. 

There are no recordkeeping or 

reporting requirements associated with 

this final rule. 

Small Business Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a letter to permit 

holders that also serves as a small entity 

compliance guide (the guide) was 

prepared. The guide will be sent to all 

holders of permits for the Hawaii-based 

longline fishery. Copies of the small 

business compliance guide are available 

from the William L. Robinson (see 

ADDRESSES) and are also available at the 

NMFS PIRO web site http:// 

www.fpir.noaa.gov. 

List of Subjects in 50 CFR Part 665 

Administrative practice and 

procedure, American Samoa, Fisheries, 

Fishing, Guam, Hawaii, Hawaiian 

natives, Northern Mariana Islands, 

Pacific Remote Island Areas, 

Reportingand recordkeeping 

requirements. 

Dated: February 20, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 665 is amended 

as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

■ 1. The authority citation for part 665 

continues to read as follows: 

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

■ 2. In § 665.22, revise paragraphs (ss) 

and (tt) to read as follows: 

§ 665.22 Prohibitions. 

* * * * * 

(ss) Engage in shallow-setting from a 

vessel registered for use under a Hawaii 

longline limited access permit after the 

shallow-set component of the longline 

fishery has been closed pursuant to 

§ 665.33(b), in violation of § 665.33(i). 

(tt) Fail to immediately retrieve 

longline fishing gear upon receipt of 

actual notice that the shallow-set 

component of the longline fishery has 

been closed pursuant to § 665.33(b), in 

violation of § 665.33(i). 

* * * * * 

■ 3. In § 665.33, remove paragraphs 

(b)(2)(iii) and (iv), and revise paragraphs 

(b)(2)(i) and (ii) to read as follows: 

§ 665.33 Western Pacific longline fishing 

restrictions. 

* * * * * 

(b) * * * 

(2) * * * 

(i) As soon as practicable, the 

Regional Administrator will file for 

publication at the Office of the Federal 

Register a notification of the sea turtle 

interaction limit having been reached. 

The notification will include an 

advisement that the shallow-set 

component of the longline fishery shall 

be closed, and that shallow-set longline 

fishing north of the Equator by vessels 

registered for use under Hawaii longline 

limited access permits will be 

prohibited beginning at a specified date, 

until the end of the calendar year in 

which the sea turtle interaction limit 

was reached. Coincidental with the 

filing of the notification, the Regional 

Administrator will also provide actual 

notice that the shallow-set component 

of the longline fishery shall be closed, 

and that shallow-set longline fishing 

north of the Equator by vessels 

registered for use under Hawaii longline 

limited access permits will be 

prohibited beginning at a specified date, 

to all holders of Hawaii longline limited 

access permits via telephone, satellite 

telephone, radio, electronic mail, 

facsimile transmission, or post. 

(ii) Beginning on the fishery closure 

date indicated by the Regional 

Administrator in the notification 

provided to vessel operators and permit 

holders and published in the Federal 

Register under paragraph (b)(3)(i) of this 

section, until the end of the calendar 

year in which the sea turtle interaction 

limit was reached, the Hawaii-based 

shallow-set component of the longline 

fishery shall be closed. 

* * * * * 

[FR Doc. E7–3243 Filed 2–23–07; 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. 

022007D] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels 60 ft (18.3 m) LOA and 

Longer 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 vessels 

60 ft (18.3 meters (m)) length overall 

(LOA) and longer using hook-and-line 

gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the A season apportionment of the 2007 

Pacific cod total allowable catch (TAC) 

allocated to catcher vessels using hookand-line gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 21, 2007, through 

2400 hrs, A.l.t., June 10, 2007. 


ycherry on PROD1PC64 with RULES
8292 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 

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 A season allowance of the 2007 

Pacific cod TAC allocated to catcher 

vessels using hook-and-line gear in the 

BSAI is 121 metric tons (mt) as 

established by the 2006 and 2007 final 

harvest specifications for groundfish in 

the BSAI (71 FR 10894, March 3, 2006) 

and subsequent adjustment (71 FR 

13777, March 17, 2007). 

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

the Regional Administrator finds that 

the A season apportionment of the 2007 

Pacific cod directed fishing allowance 

allocated to catcher vessels using hookand-line gear in the BSAI has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels 60 feet (18.3 m) 

LOA and longer using hook-and-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 vessels 60 ft (18.3 m) LOA and 

longer using hook-and-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 February 20, 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 21, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–864 Filed 2–21–07; 2:26 pm] 

BILLING CODE 3510–21–S 


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