[Federal Register Volume 72, Number 35 (Thursday, February 22, 2007)]
[Rules and Regulations]
[Page 7933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-796]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

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


Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, 
Flathead Sole, and ``Other Flatfish'' by Vessels Using Trawl 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 closing directed fishing for the rock sole, flathead 
sole, and ``other flatfish'' fishery category by vessels using trawl 
gear in the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to prevent exceeding the first seasonal 
allowance of the 2007 halibut bycatch allowance specified for the trawl 
rock sole, flathead sole, and ``other flatfish'' fishery category in 
the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 17, 
2007, through 1200 hrs, A.l.t., April 1, 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 first seasonal allowance of the 2007 halibut bycatch allowance 
specified for the trawl rock sole, flathead sole, and ``other 
flatfish'' fishery category in the BSAI is 448 metric tons as 
established by the 2006 and 2007 final harvest specifications for 
groundfish in the BSAI (71 FR 10894, March 3, 2006).
    In accordance with Sec.  679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS, has determined that the first seasonal allowance of the 
2007 halibut bycatch allowance specified for the trawl rock sole, 
flathead sole, and ``other flatfish'' fishery category in the BSAI has 
been caught. Consequently, NMFS is closing directed fishing for rock 
sole, flathead sole, and ``other flatfish'' by vessels using trawl gear 
in the BSAI.
    ``Other flatfish'' includes Alaska plaice, as well as all other 
flatfish species except for Pacific halibut (a prohibited species), 
Greenland turbot, rock sole, yellowfin sole, flathead sole, and 
arrowtooth flounder.
    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 directed fishing for rock sole, flathead 
sole, and ``other flatfish'' by vessels using trawl 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 15, 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.  679.21 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. 07-796 Filed 2-16-07; 2:52 pm]
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