9450 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 

Environmental Assessments for the 

DAM program were prepared on 

December 28, 2001, and August 6, 2003. 

This action falls within the scope of the 

analyses of these EAs, which are 

available from the agency upon request. 

NMFS provided prior notice and an 

opportunity for public comment on the 

regulations establishing the criteria and 

procedures for implementing a DAM 

zone. Providing prior notice and 

opportunity for comment on this action, 

pursuant to those regulations, would be 

impracticable because it would prevent 

NMFS from executing its functions to 

protect and reduce serious injury and 

mortality of endangered right whales. 

The regulations establishing the DAM 

program are designed to enable the 

agency to help protect unexpected 

concentrations of right whales. In order 

to meet the goals of the DAM program, 

the agency needs to be able to create a 

DAM zone and implement restrictions 

on fishing gear as soon as possible once 

the criteria are triggered and NMFS 

determines that a DAM restricted zone 

is appropriate. If NMFS were to provide 

prior notice and an opportunity for 

public comment upon the creation of a 

DAM restricted zone, the aggregated 

right whales would be vulnerable to 

entanglement which could result in 

serious injury and mortality. 

Additionally, the right whales would 

most likely move on to another location 

before NMFS could implement the 

restrictions designed to protect them, 

thereby rendering the action obsolete. 

Therefore, pursuant to 5 U.S.C. 

553(b)(B), the AA finds that good cause 

exists to waive prior notice and an 

opportunity to comment on this action 

to implement a DAM restricted zone to 

reduce the risk of entanglement of 

endangered right whales in commercial 

lobster trap/pot and anchored gillnet 

gear as such procedures would be 

impracticable. 

For the same reasons, the AA finds 

that, under 5 U.S.C. 553(d)(3), good 

cause exists to waive the 30–day delay 

in effective date. If NMFS were to delay 

for 30 days the effective date of this 

action, the aggregated right whales 

would be vulnerable to entanglement, 

which could cause serious injury and 

mortality. Additionally, right whales 

would likely move to another location 

between the time NMFS approved the 

action creating the DAM restricted zone 

and the time it went into effect, thereby 

rendering the action obsolete and 

ineffective. Nevertheless, NMFS 

recognizes the need for fishermen to 

have time to either modify or remove (if 

not in compliance with the required 

restrictions) their gear from a DAM zone 

once one is approved. Thus, NMFS 

makes this action effective 2 days after 

the date of publication of this document 

in the Federal Register. NMFS will also 

endeavor to provide notice of this action 

to fishermen through other means upon 

issuance of the rule by the AA, thereby 

providing approximately 3 additional 

days of notice while the Office of the 

Federal Register processes the document 

for publication. 

NMFS determined that the regulations 

establishing the DAM program and 

actions such as this one taken pursuant 

to those regulations are consistent to the 

maximum extent practicable with the 

enforceable policies of the approved 

coastal management program of the U.S. 

Atlantic coastal states. This 

determination was submitted for review 

by the responsible state agencies under 

section 307 of the Coastal Zone 

Management Act. Following state 

review of the regulations creating the 

DAM program, no state disagreed with 

NMFS’ conclusion that the DAM 

program is consistent to the maximum 

extent practicable with the enforceable 

policies of the approved coastal 

management program for that state. 

The DAM program under which 

NMFS is taking this action contains 

policies with federalism implications 

warranting preparation of a federalism 

assessment under Executive Order 

13132. Accordingly, in October 2001 

and March 2003, the Assistant Secretary 

for Intergovernmental and Legislative 

Affairs, Department of Commerce, 

provided notice of the DAM program 

and its amendments to the appropriate 

elected officials in states to be affected 

by actions taken pursuant to the DAM 

program. Federalism issues raised by 

state officials were addressed in the 

final rules implementing the DAM 

program. A copy of the federalism 

Summary Impact Statement for the final 

rules is available upon request 

(ADDRESSES). 

The rule implementing the DAM 

program has been determined to be not 

significant under Executive Order 

12866. 

Authority: 16 U.S.C. 1361 et seq. and 50 

CFR 229.32(g)(3) 

Dated: February 26, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 07–953 Filed 2–27–07; 2:41 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01; I.D. 

022607C] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Inshore 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 inshore component in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the 2007 total 

allowable catch (TAC) of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of the Central Regulatory 

Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 27, 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 

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 inshore component of 

the Central Regulatory Area of the GOA 

is 15,339 metric tons (mt) as established 

by the 2007 and 2008 harvest 

specifications for groundfish of the GOA 

that will publish in March, 2007. 

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 inshore 


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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations 9451 

component of the Central Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 8,519 mt, and is setting 

aside the remaining 2,500 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 inshore 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 inshore 

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 23, 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: January 26, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–954 Filed 2–27–07; 2:41 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01; I.D. 

112706A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands; 2007 and 2008 Final 

Harvest Specifications for Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; closures. 

SUMMARY: NMFS announces 2007 and 

2008 final harvest specifications and 

prohibited species catch (PSC) 

allowances for the groundfish fishery of 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to establish harvest limits for 

groundfish during the 2007 and 2008 

fishing years and to accomplish the 

goals and objectives of the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). The intended 

effect of this action is to conserve and 

manage the groundfish resources in the 

BSAI in accordance with the MagnusonStevens Fishery Conservation and 

Management Act (MSA). 

DATES: The 2007 and 2008 final harvest 

specifications and associated 

apportionment of reserves are effective 

at 1200 hrs, Alaska local time (A.l.t.), 

March 2, 2007, through 2400 hrs, A.l.t., 

December 31, 2008. 

ADDRESSES: Copies of the Final Alaska 

Groundfish Harvest Specifications 

Environmental Impact Statement (EIS), 

Record of Decision (ROD), and Final 

Regulatory Flexibility Analysis (FRFA) 

prepared for this action are available 

from Alaska Region, NMFS, P.O. Box 

21668, Juneau, AK 99802, Attn: Ellen 

Sebastian, or from the Alaska Region 

Web site at http://www.fakr.noaa.gov. 

Copies of the 2006 Stock Assessment 

and Fishery Evaluation (SAFE) report 

for the groundfish resources of the 

BSAI, dated November 2006, are 

available from the North Pacific Fishery 

Management Council, West 4th Avenue, 

Suite 306, Anchorage, AK 99510–2252, 

907–271–2809, or from its Web site at 

http://www.fakr.noaa.gov/npfmc. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7228, or email mary.furuness@noaa.gov. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at 50 CFR part 679 

implement the FMP and govern the 

groundfish fisheries in the BSAI. The 

North Pacific Fishery Management 

Council (Council) prepared the FMP, 

and NMFS approved it under the MSA. 

General regulations governing U.S. 

fisheries also appear at 50 CFR part 600. 

The FMP and its implementing 

regulations require NMFS, after 

consultation with the Council, to 

specify the total allowable catch (TAC) 

for each target species and for the ‘‘other 

species’’ category, the sum must be 

within the optimum yield (OY) range of 

1.4 million to 2.0 million metric tons 

(mt) (see § 679.20(a)(1)(i)). Also 

specified are apportionments of TACs, 

and Community Development Quota 

(CDQ) reserve amounts, PSC 

allowances, and prohibited species 

quota (PSQ) reserve amounts. The final 

harvest specifications listed in Tables 1 

through 15 of this action satisfy these 

requirements. For 2007 and 2008, the 

sum of TACs for each year is 2 million 

mt. 

Section 679.20(c)(3) further requires 

NMFS to consider public comment on 

the proposed annual TACs and 

apportionments thereof and the 

proposed PSC allowances, and to 

publish final harvest specifications in 

the Federal Register. The 2007 and 2008 

proposed harvest specifications and PSC 

allowances for the groundfish fishery of 

the BSAI were published in the Federal 

Register on December 15, 2006 (71 FR 

75460). Comments were invited and 

accepted through January 16, 2007. 

NMFS received 4 letters with several 

comments on the proposed harvest 

specifications. These comments are 

summarized and responded to in the 

Response to Comments section of this 

rule. NMFS consulted with the Council 

during the December 2006 Council 

meeting in Anchorage, AK. After 

considering public comments, as well as 

biological and economic data that were 

available at the Council’s December 

meeting, NMFS is implementing the 

2007 and 2008 final harvest 

specifications as recommended by the 

Council. 

Acceptable Biological Catch (ABC) and 

TAC Harvest Specifications 

The final ABC levels are based on the 

best available biological and 

socioeconomic information, including 

projected biomass trends, information 

on assumed distribution of stock 

biomass, and revised technical methods 

used to calculate stock biomass. In 

general, the development of ABCs and 

overfishing levels (OFLs) involves 

sophisticated statistical analyses of fish 

populations and is based on a 

successive series of six levels, or tiers, 


rwilkins on PROD1PC63 with RULES