Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels 60 ft (18.3 m) LOA and Longer Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area, 8291-8292 [07-864]

Download as PDF Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations ycherry on PROD1PC64 with RULES early warning of projected closures, thus allowing the affected vessels to better plan for fishing operations. Better planning would avoid unnecessary trip preparation and allow the opportunity to change gear for fishing in alternative longline fisheries, such as the Hawaiibased deep-set (tuna) longline fishery. Alternative 1 (no action) would prevent direct economic losses to affected vessels. However, this alternative would not provide adequate protection to sea turtles. Alternatives 3 (shifting the shallow-set fishing season) and 4 (limited time/area closures) could partially mitigate the economic impacts to small entities associated with the proposed alternative by lengthening the fishing season, which would distribute landings to avoid flooding the market and allowing for price stability. The small entities also would be better able to plan their fishing operations, especially if they participate in another fishery when not targeting swordfish, and mitigate adverse economic impacts, such as unreasonably low prices, which can arise from the market becoming flooded as the fishery is closed and all vessels return to port. Because the high turtle interaction rates experienced in the 2006 fishing year may have been an anomaly, and in future years the fishery may not reach either turtle interaction limit, the time/area closures as proposed in Alternative 4, and the shifting of the shallow-set fishing season as proposed in Alternative 3 are not preferred at this time. Also, to design and implement such measures as identified in Alternative 4, additional information is needed about sea turtle migration and foraging behavior, and the nature of interactions between fishing gear and sea turtles. There are no recordkeeping or reporting requirements associated with this final rule. Small Business Compliance Guide Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as ‘‘small entity compliance guides.’’ The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, a letter to permit holders that also serves as a small entity compliance guide (the guide) was prepared. The guide will be sent to all holders of permits for the Hawaii-based longline fishery. Copies of the small VerDate Aug<31>2005 17:25 Feb 23, 2007 Jkt 211001 business compliance guide are available from the William L. Robinson (see ADDRESSES) and are also available at the NMFS PIRO web site https:// www.fpir.noaa.gov. List of Subjects in 50 CFR Part 665 Administrative practice and procedure, American Samoa, Fisheries, Fishing, Guam, Hawaii, Hawaiian natives, Northern Mariana Islands, Pacific Remote Island Areas, Reportingand recordkeeping requirements. Dated: February 20, 2007. Samuel D. Rauch III, Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 665 is amended as follows: I PART 665—FISHERIES IN THE WESTERN PACIFIC 1. The authority citation for part 665 continues to read as follows: I Authority: 16 U.S.C. 1801 et seq. 2. In § 665.22, revise paragraphs (ss) and (tt) to read as follows: I § 665.22 prohibited beginning at a specified date, until the end of the calendar year in which the sea turtle interaction limit was reached. Coincidental with the filing of the notification, the Regional Administrator will also provide actual notice that the shallow-set component of the longline fishery shall be closed, and that shallow-set longline fishing north of the Equator by vessels registered for use under Hawaii longline limited access permits will be prohibited beginning at a specified date, to all holders of Hawaii longline limited access permits via telephone, satellite telephone, radio, electronic mail, facsimile transmission, or post. (ii) Beginning on the fishery closure date indicated by the Regional Administrator in the notification provided to vessel operators and permit holders and published in the Federal Register under paragraph (b)(3)(i) of this section, until the end of the calendar year in which the sea turtle interaction limit was reached, the Hawaii-based shallow-set component of the longline fishery shall be closed. * * * * * [FR Doc. E7–3243 Filed 2–23–07; 8:45 am] BILLING CODE 3510–22–S Prohibitions. * * * * * (ss) Engage in shallow-setting from a vessel registered for use under a Hawaii longline limited access permit after the shallow-set component of the longline fishery has been closed pursuant to § 665.33(b), in violation of § 665.33(i). (tt) Fail to immediately retrieve longline fishing gear upon receipt of actual notice that the shallow-set component of the longline fishery has been closed pursuant to § 665.33(b), in violation of § 665.33(i). * * * * * I 3. In § 665.33, remove paragraphs (b)(2)(iii) and (iv), and revise paragraphs (b)(2)(i) and (ii) to read as follows: § 665.33 Western Pacific longline fishing restrictions. * * * * * (b) * * * (2) * * * (i) As soon as practicable, the Regional Administrator will file for publication at the Office of the Federal Register a notification of the sea turtle interaction limit having been reached. The notification will include an advisement that the shallow-set component of the longline fishery shall be closed, and that shallow-set longline fishing north of the Equator by vessels registered for use under Hawaii longline limited access permits will be PO 00000 8291 Frm 00031 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216045–6045–01; I.D. 022007D] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels 60 ft (18.3 m) LOA and Longer Using Hook-and-Line 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 ft (18.3 meters (m)) length overall (LOA) and longer using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2007 Pacific cod total allowable catch (TAC) allocated to catcher vessels using hookand-line gear in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 21, 2007, through 2400 hrs, A.l.t., June 10, 2007. E:\FR\FM\26FER1.SGM 26FER1 8292 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: ycherry on PROD1PC64 with RULES 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 A season allowance of the 2007 Pacific cod TAC allocated to catcher vessels using hook-and-line gear in the BSAI is 121 metric tons (mt) as established by the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006) and subsequent adjustment (71 FR 13777, March 17, 2007). In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that the A season apportionment of the 2007 VerDate Aug<31>2005 17:25 Feb 23, 2007 Jkt 211001 Pacific cod directed fishing allowance allocated to catcher vessels using hookand-line 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 hook-and-line gear in the BSAI. 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 data in a timely fashion and would delay the closure of Pacific cod by catcher vessels 60 ft (18.3 m) LOA and longer using hook-and-line 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 20, 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: February 21, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–864 Filed 2–21–07; 2:26 pm] BILLING CODE 3510–21–S E:\FR\FM\26FER1.SGM 26FER1

Agencies

[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Rules and Regulations]
[Pages 8291-8292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-864]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 022007D]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels 60 ft (18.3 m) LOA and Longer Using Hook-and-Line 
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 prohibiting directed fishing for Pacific cod by 
catcher vessels 60 ft (18.3 meters (m)) length overall (LOA) and longer 
using hook-and-line gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the A season apportionment of the 2007 Pacific cod total allowable 
catch (TAC) allocated to catcher vessels using hook-and-line gear in 
the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 21, 
2007, through 2400 hrs, A.l.t., June 10, 2007.

[[Page 8292]]


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 A season allowance of the 2007 Pacific cod TAC allocated to 
catcher vessels using hook-and-line gear in the BSAI is 121 metric tons 
(mt) as established by the 2006 and 2007 final harvest specifications 
for groundfish in the BSAI (71 FR 10894, March 3, 2006) and subsequent 
adjustment (71 FR 13777, March 17, 2007).
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that the A season apportionment of the 2007 Pacific 
cod directed fishing allowance allocated to catcher vessels using hook-
and-line 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 hook-and-line gear in the BSAI.
    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 ft (18.3 
m) LOA and longer using hook-and-line 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 20, 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: February 21, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-864 Filed 2-21-07; 2:26 pm]
BILLING CODE 3510-21-S

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