[Federal Register Volume 72, Number 36 (Friday, February 23, 2007)]
[Rules and Regulations]
[Page 8133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-828]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 021607K]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Processor 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.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
catcher processor vessels using pot gear in the Bering Sea and Aleutian 
Islands (BSAI) management area. This action is necessary to prevent 
exceeding the A season allowance of the 2007 Pacific cod total 
allowable catch (TAC) specified for catcher processor vessels using pot 
gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 20, 
2007, through 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 
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 A season allowance of the 2007 Pacific cod TAC allocated to 
catcher processor vessels using pot gear in the BSAI is 1,331 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, 2006). See Sec.  
679.20(c)(3)(iii) and (c)(5), and (a)(7)(i)(C).
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that the A season allowance of the 2007 Pacific cod 
TAC allocated to catcher processor vessels using pot gear in the BSAI 
has been reached. Consequently, NMFS is prohibiting directed fishing 
for Pacific cod by catcher processor vessels using pot gear in the 
BSAI.
    After the effective date of this closure 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 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 processor 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 February 16, 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 16, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-828 Filed 2-20-07; 2:36 pm]
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