Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels 60 Feet (18.3 Meters) Length Overall and Using Pot Gear in the Bering Sea and Aleutian Islands Management Area, 4217-4218 [07-391]
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations
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(2) * * *
(i) Mackerel ABC must be calculated
using the formula ABC = T - C, where
C is the estimated catch of mackerel in
Canadian waters for the upcoming
fishing year and T is the catch
associated with a fishing mortality rate
that is equal to Ftarget at BMSY or greater
and decreases linearly to zero at BMSY or
below. Values for Ftarget and BMSY are
as calculated in the most recent stock
assessment.
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(iii) IOY is composed of RQ, DAH,
and TALFF. RQ will be based on
requests for research quota as described
in paragraph (g) of this section. DAH,
DAP, and JVP will be set after deduction
for RQ, if applicable, and must be
projected by reviewing data from
sources specified in paragraph (b) of this
section and other relevant data,
including past domestic landings,
projected amounts of mackerel
necessary for domestic processing and
for joint ventures during the fishing
year, projected recreational landings,
and other data pertinent for such a
projection. The JVP component of DAH
is the portion of DAH that domestic
processors either cannot or will not use.
In addition, IOY is based on the criteria
set forth in the Magnuson-Stevens Act,
specifically section 201(e), and on the
following economic factors:
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(c) Recommended measures. Based on
the review of the data described in
paragraph (b) of this section and
requests for research quota as described
in paragraph (g) of this section, the
Monitoring Committee will recommend
to the Squid, Mackerel, and Butterfish
Committee the measures from the
following list that it determines are
necessary to ensure that the
specifications are not exceeded:
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(3) The amount of Loligo, Illex, and
butterfish that may be retained,
possessed and landed by vessels issued
the incidental catch permit specified in
§ 648.4(a)(5)(ii).
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(f) * * *
(1) A commercial quota will be
allocated annually for Loligo squid into
trimester periods, based on the
following percentages:
be applied to Trimester III of the same
year, and any overages of commercial
quota for Trimesters I and II will be
subtracted from Trimester III of the
same year.
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(g) * * *
(2) * * *
(ii) The NEFSC Director and the
NOAA Grants Office will consider each
panel member’s recommendation,
provide final approval of the projects
and the Regional Administrator may,
when appropriate, exempt selected
vessel(s) from regulations specified in
each of the respective FMPs through
written notification to the project
proponent.
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(5) If a proposal is disapproved by the
NEFSC Director or the NOAA Grants
Office, or if the Regional Administrator
determines that the allocated research
quota cannot be utilized by a project,
the Regional Administrator shall
reallocate the unallocated or unused
amount of research quota to the
respective commercial and recreational
fisheries by publication of a notice in
the Federal Register in compliance with
the Administrative Procedure Act,
provided:
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I 4. In § 648.22, paragraphs (a) and (c)
are revised and paragraph (d) is added
to read as follows:
§ 648.22
Closure of the fishery.
(a) Closing Procedures. (1) NMFS
shall close the directed mackerel fishery
in the EEZ when the Regional
Administrator projects that 80 percent
of the mackerel DAH is landed, if such
a closure is necessary to prevent the
DAH from being executed. The closure
shall remain in effect for the remainder
of the fishing year, with incidental
catches allowed as specified in
paragraph (c) of this section, until the
entire DAH is attained. When the
Regional Administrator projects that the
DAH will be landed for mackerel, NMFS
will close the mackerel fishery in the
EEZ, and the incidental catches
specified for mackerel in paragraph (c)
of this section will be prohibited.
(2) NMFS shall close the directed
fishery in the EEZ for Loligo when the
Regional Administrator projects that 90
percent of the quota is harvested in
Trimester
Percent
Trimesters I and II, and when 95 percent
I. January-April
43.0 of DAH has been harvested in Trimester
II. May-August
17.0 III. The closure of the directed fishery
III. September-October
40.0 shall be in effect for the remainder of
the fishing period, with incidental
(2) Any underages of commercial
catches allowed as specified in
period quota for Trimester I and II will
paragraph (c) of this section.
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(3) NMFS shall close the directed Illex
or butterfish fishery in the EEZ when
the Regional Administrator projects that
95 percent of the Illex or butterfish DAH
is landed. The closure of the directed
fishery will be in effect for the
remainder of the fishing year, with
incidental catches allowed as specified
in paragraph (c) of this section.
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(c) Incidental catches. During a
closure of the directed mackerel fishery,
the possession limit for mackerel is 10
percent, by weight, of the total amount
of fish on board. For vessels that have
been issued a Loligo or butterfish
incidental catch permit (as specified at
§ 648.4(a)(5)(ii)) or during a closure of
the directed fishery for Loligo or
butterfish, the possession limit for
Loligo and butterfish is 2,500 lb (1.13
mt) each. For vessels that have been
issued an Illex incidental catch permit
(specified at § 648.4(a)(5)(ii)) or during a
closure of the directed fishery for Illex,
the possession limit for Illex is 10,000
lb (4.54 mt). Vessels may not land more
than these limits and may only land
once during any single calendar day,
which is defined as the 24 hr period
beginning at 0001 hours and ending at
2400 hours.
[FR Doc. E7–1445 Filed 1–29–07; 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.
012507A]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels 60 Feet (18.3 Meters)
Length Overall and Using Pot Gear in
the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
60 feet (18.3 meters (m)) length overall
(LOA) and longer using pot gear in the
Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to prevent exceeding the A
season allowance of the 2007 Pacific
cod allowable catch (TAC) specified for
catcher vessels using pot gear in the
BSAI.
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations
Effective 1200 hrs, Alaska local
time (A.l.t.), January 26, 2007, though
1200 hrs, A.l.t., June 10, 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
vessels using pot gear in the BSAI is
6,050 metric tons as established by the
2006 and 2007 final harvest
specifications for groundfish in the
BSAI (71 FR 13777, March 17, 2006).
See § 679.20(c)(3)(iii), (c)(5), (a)(7)(i)(A),
and (a)(7)(i)(C)(1)(iv).
In accordance with § 679.20(d)(1)(iii),
the Administrator, Alaska Region,
NMFS, has determined that the A
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DATES:
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season allowance of the 2007 Pacific
cod TAC allocated to catcher vessels
using pot 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 pot gear in the
BSAI. Vessels less than 60 feet (18.3 m)
LOA using pot gear in the BSAI may
continue to participate in the directed
fishery for Pacific cod under a separate
Pacific cod allocation to catcher vessels
less than 60 feet (18.3 m) LOA using
hook-and-line or pot gear.
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
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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 feet (18.3 m) LOA and
longer 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 January 24,
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 25, 2007.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 07–391 Filed 1–25–07; 2:20 pm]
BILLING CODE 3510–22–S
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Agencies
[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Rules and Regulations]
[Pages 4217-4218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-391]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216045-6045-01; I.D. 012507A]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels 60 Feet (18.3 Meters) Length Overall and 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.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher vessels 60 feet (18.3 meters (m)) length overall (LOA) and
longer using pot gear in the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to prevent exceeding the A season
allowance of the 2007 Pacific cod allowable catch (TAC) specified for
catcher vessels using pot gear in the BSAI.
[[Page 4218]]
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 26,
2007, though 1200 hrs, A.l.t., June 10, 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 vessels using pot gear in the BSAI is 6,050 metric tons as
established by the 2006 and 2007 final harvest specifications for
groundfish in the BSAI (71 FR 13777, March 17, 2006). See Sec.
679.20(c)(3)(iii), (c)(5), (a)(7)(i)(A), and (a)(7)(i)(C)(1)(iv).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS, has determined that the A season allowance of the
2007 Pacific cod TAC allocated to catcher vessels using pot 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 pot gear in the BSAI. Vessels less than 60 feet (18.3 m)
LOA using pot gear in the BSAI may continue to participate in the
directed fishery for Pacific cod under a separate Pacific cod
allocation to catcher vessels less than 60 feet (18.3 m) LOA using
hook-and-line or pot gear.
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 vessels 60 feet (18.3
m) LOA and longer 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 January 24, 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: January 25, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-391 Filed 1-25-07; 2:20 pm]
BILLING CODE 3510-22-S