Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak Gully Research Area for Vessels Using Trawl Gear, 7751 [E7-2828]

Download as PDF erjones on PRODPC74 with RULES Federal Register / Vol. 72, No. 33 / Tuesday, February 20, 2007 / Rules and Regulations 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 allowance of 2007 Pacific cod sideboard limits apportioned to non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the GOA is 705 metric tons (mt) for the GOA, as established by the 2006 and 2007 harvest specifications for groundfish of the GOA (71 FR 10870, March 3, 2006). In accordance with § 680.22(e)(2)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the A season allowance of the 2007 Pacific cod sideboard limits apportioned to non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a sideboard directed fishing allowance for Pacific cod as 700 mt in the Gulf of Alaska. The remaining 5 mt in the Gulf of Alaska will be set aside as bycatch to support other anticipated groundfish fisheries. In accordance with § 680.22(e)(3), the Regional Administrator finds that this sideboard directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Western 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 sideboard directed fishing closure of Pacific cod apportioned to VerDate Aug<31>2005 13:51 Feb 16, 2007 Jkt 211001 non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Western 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 13, 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 § 680.22 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: February 14, 2007. Alan Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–744 Filed 2–14–07; 1:44 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216044–6044–01; I.D. 021207C] Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak Gully Research Area for Vessels Using Trawl Gear National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. AGENCY: SUMMARY: NMFS is rescinding the trawl closure in the Chiniak Gully Research Area. This action is necessary to allow vessels using trawl gear to participate in directed fishing for groundfish in the Chiniak Gully Research Area. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 1, 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 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 7751 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 Chiniak Gully Research Area is closed to vessels using trawl gear from August 1 to a date no later than September 20 under regulations at § 679.22(b)(6)(ii)(A). This closure is in support of a research project to evaluate the effects of commercial fishing on pollock distribution and abundance, as part of a comprehensive investigation of Stellar sea lion and commercial fishery interactions. The regulations at § 679.22(b)(6)(ii)(B) provide that the Acting Regional Administrator, Alaska Region, NMFS, (Regional Administrator) shall rescind the trawl closure if relevant research activities will not be conducted. The Regional Administrator has determined that research activities will not be conducted in 2007 in the Chiniak Gully Research Area. Therefore, the Regional Administrator is rescinding the trawl closure of the Chiniak Gully Research Area. All other closures remain in full force and effect. Classification Pursuant to 5 U.S.C. 553 (b)(B), the Assistant Administrator for Fisheries, NOAA (AA) finds good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment is unnecessary. Notice and comment is unnecessary because the rescission of the trawl closure is non-discretionary; pursuant to § 679.22(b)(6)(ii)(B), the Regional Administrator has no choice but to rescind the trawl closure once it is determined that research activities will not be conducted in the area. Pursuant to 5 U.S.C. 553(d)(1), this rule is not subject to the 30-day delay in effective date requirement of 5 U.S.C. 553(d) since the rule relieves a restriction. This action has been determined to be not significant for purposes of Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: February 12, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7–2828 Filed 2–19–07; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\20FER1.SGM 20FER1

Agencies

[Federal Register Volume 72, Number 33 (Tuesday, February 20, 2007)]
[Rules and Regulations]
[Page 7751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2828]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216044-6044-01; I.D. 021207C]


Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak 
Gully Research Area for Vessels Using Trawl Gear

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule.

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SUMMARY: NMFS is rescinding the trawl closure in the Chiniak Gully 
Research Area. This action is necessary to allow vessels using trawl 
gear to participate in directed fishing for groundfish in the Chiniak 
Gully Research Area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 1, 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 
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 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 Chiniak Gully Research Area is closed to vessels using trawl 
gear from August 1 to a date no later than September 20 under 
regulations at Sec.  679.22(b)(6)(ii)(A). This closure is in support of 
a research project to evaluate the effects of commercial fishing on 
pollock distribution and abundance, as part of a comprehensive 
investigation of Stellar sea lion and commercial fishery interactions.
    The regulations at Sec.  679.22(b)(6)(ii)(B) provide that the 
Acting Regional Administrator, Alaska Region, NMFS, (Regional 
Administrator) shall rescind the trawl closure if relevant research 
activities will not be conducted. The Regional Administrator has 
determined that research activities will not be conducted in 2007 in 
the Chiniak Gully Research Area. Therefore, the Regional Administrator 
is rescinding the trawl closure of the Chiniak Gully Research Area. All 
other closures remain in full force and effect.

Classification

    Pursuant to 5 U.S.C. 553 (b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA) finds good cause to waive prior notice and an 
opportunity for public comment on this action, as notice and comment is 
unnecessary. Notice and comment is unnecessary because the rescission 
of the trawl closure is non-discretionary; pursuant to Sec.  
679.22(b)(6)(ii)(B), the Regional Administrator has no choice but to 
rescind the trawl closure once it is determined that research 
activities will not be conducted in the area.
    Pursuant to 5 U.S.C. 553(d)(1), this rule is not subject to the 30-
day delay in effective date requirement of 5 U.S.C. 553(d) since the 
rule relieves a restriction.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.

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

    Dated: February 12, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-2828 Filed 2-19-07; 8:45 am]
BILLING CODE 3510-22-S
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