9272 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 

[FR Doc. E7–3314 Filed 2–28–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01; I.D. 

022607B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 ft (18.3 

m) LOA Using Jig or Hook-and-Line 

Gear in the Bogoslof Pacific Cod 

Exemption Area 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 

less than 60 ft (18.3 meters (m)) length 

overall (LOA) using jig or hook-and-line 

gear in the Bogoslof Pacific cod 

exemption area of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the limit of Pacific 

cod for catcher vessels less than 60 ft 

(18.3 m) LOA using jig or hook-and-line 

gear in the Bogoslof Pacific cod 

exemption area in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 26, 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 

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. 

In accordance with 

§ 679.22(a)(7)(i)(C)(1) and (2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that 113 metric tons of 

Pacific cod have been caught by catcher 

vessels less than 60 ft (18.3 m) LOA 

using jig or hook-and-line gear in the 

Bogoslof exemption area described at 

§ 679.22(a)(7)(i)(C)(1). Consequently, the 

Regional Administrator is prohibiting 

directed fishing for Pacific cod by 

catcher vessels less than 60 ft (18.3 m) 

LOA using jig or hook-and-line gear in 

the Bogoslof Pacific cod exemption area. 

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 less than 60 ft (18.3 m) 

LOA using jig or hook-and-line gear in 

the Bogoslof Pacific cod exemption area. 

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 section 

679.22 and is exempt from review under 

Executive Order 12866. 

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

Dated: February 26, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–933 Filed 2–26–07; 2:24 pm] 

BILLING CODE 3510–22–S 


rwilkins on PROD1PC63 with RULES