Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, Flathead Sole, and “Other Flatfish” by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands Management Area, 18594-18595 [07-1823]

Download as PDF 18594 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations sale or purchase does not apply to sale or purchase of tilefishes that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, April 18, 2007, and were held in cold storage by a dealer or processor. Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is waived. This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, finds that the need to immediately implement this action to close the fishery constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule implementing the quota already has been subject to notice and comment, and all that remains is to notify the public of the closure. Similarly, there is a need to implement these measures in a timely fashion to prevent an overrun of the commercial quota of Gulf of Mexico tilefishes, given the capacity of the fishing fleet to harvest the quota quickly. Any delay in implementing this action would be impractical and contrary to the Magnuson-Stevens Act, the FMP, and the public interest. For these same reasons, NMFS finds good cause that the implementation of this action cannot be delayed for 30 days. Dated: April 9, 2007. James P. Burgess Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7–6965 Filed 4–12–07; 8:45 am] Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 061124307–7013–02; I.D. 112106A] Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Closure of the Trimester I Fishery for Loligo Squid National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure. AGENCY: SUMMARY: NMFS announces that the directed fishery for Loligo squid in the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, April 13, 2007. Vessels issued a Federal permit to harvest Loligo squid may not retain or land more than 2,500 lb (1,134 kg) of Loligo squid per trip for the remainder of the trimester (through April 30, 2007). This action is necessary to prevent the fishery from exceeding its Trimester I quota and to allow for effective management of this stock. Effective 0001 hours, April 13, 2007, through 2400 hours, April 30, 2007. DATES: Don Frei, Fishery Management Specialist, 978–281–9221, Fax 978–281–9135. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Regulations governing the Loligo squid fishery are found at 50 CFR part 648. The regulations require specifications for maximum sustainable yield, initial optimum yield, allowable biological catch, domestic annual harvest (DAH), domestic annual processing, joint venture processing, and total allowable levels of foreign fishing for the species managed under the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. The procedures for setting the annual initial specifications are described in § 648.21. The 2007 specification of DAH for Loligo squid was set at 16,872.4 mt (72 FR 4211, January 30, 2007). This amount is allocated by trimester, as shown below. TABLE. 1 Loligo SQUID TRIMESTER ALLOCATIONS. Quarter Percent I (Jan-Apr) II (May-Aug) III (Sep-Dec) Total cprice-sewell on PRODPC61 with RULES 1Trimester 43.00 17.00 40.00 100 1 7,090.70 2,803.30 6,596.00 16,490.00 Research Set-aside (mt) N/A N/A N/A 510 allocations after 510–mt research set-aside deduction. Section 648.22 requires NMFS to close the directed Loligo squid fishery in the EEZ when 90 percent of the trimester allocation is harvested in Trimester I, II, and when 95 percent of the total annual DAH has been harvested in Trimester III. NMFS is further required to notify, in advance of the closure, the Executive Directors of the Mid-Atlantic, New England, and South Atlantic Fishery Management Councils; mail notification of the closure to all holders of Loligo squid permits at least 72 hr before the effective date of the closure; provide adequate notice of the closure to recreational participants in the fishery; and publish VerDate Aug<31>2005 Metric Tons 14:52 Apr 12, 2007 Jkt 211001 notification of the closure in the Federal Register. The Administrator, Northeast Region, NMFS, based on dealer reports and other available information, has determined that 90 percent of the DAH for Loligo squid in Trimester I will be harvested. Therefore, effective 0001 hours, April 13, 2007, the directed fishery for Loligo squid is closed and vessels issued Federal permits for Loligo squid may not retain or land more than 2,500 lb (1,134 kg) of Loligo during a calendar day. The directed fishery will reopen effective 0001 hours, May 1, 2007, when the Trimester II quota becomes available. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 09, 2007. James P. Burgess, Acting Director, Office Of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–1824 Filed 4–9–07; 3:14 pm] BILLING CODE 3510–22–S E:\FR\FM\13APR1.SGM 13APR1 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213033–7033–01; I.D. 040607E] Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, Flathead Sole, and ‘‘Other Flatfish’’ by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is closing directed fishing for rock sole, flathead sole, and ‘‘other flatfish’’ by vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the second seasonal allowance of the 2007 halibut bycatch allowance specified for the trawl rock sole, flathead sole, and ‘‘other flatfish’’ fishery category in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 9, 2007, through 1200 hrs, A.l.t., July 1, 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. The second seasonal allowance of the 2007 halibut bycatch allowance specified for the trawl rock sole, flathead sole, and ‘‘other flatfish’’ fishery category in the BSAI is 164 metric tons as established by the 2007 and 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007). In accordance with § 679.21(e)(7)(v), the Administrator, Alaska Region, NMFS, has determined that the second seasonal allowance of the 2007 halibut bycatch allowance specified for the trawl rock sole, flathead sole, and ‘‘other flatfish’’ fishery category in the BSAI has been reached. Consequently, NMFS cprice-sewell on PRODPC61 with RULES SUMMARY: VerDate Aug<31>2005 14:52 Apr 12, 2007 Jkt 211001 is closing directed fishing for rock sole, flathead sole, and ‘‘other flatfish’’ by vessels using trawl gear in the BSAI. ‘‘Other flatfish’’ includes Alaska plaice, as well as all other flatfish species except for Pacific halibut (a prohibited species), Greenland turbot, rock sole, yellowfin sole, flathead sole, and arrowtooth flounder. 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 directed fishing for rock sole, flathead sole, and ‘‘other flatfish’’ by vessels using trawl 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 April 6, 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 § 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 6, 2007. Alan D. Risenhoover Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–1823 Filed 4–9–07; 3:14 pm] BILLING CODE 3510–22–S PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 18595 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213033–7033–01; I.D. 040607A] Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2007 B season total allowable catch (TAC) of Pacific cod to be harvested. Effective April 30, 2007, 1200 hrs, Alaska local time (A.l.t.), 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. The 2007 B season allowance of the Pacific cod TAC specified for vessels using jig gear in the BSAI is 632 metric tons (mt) as established by the 2007 and 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007) and the adjustment of the Pacific cod TACs in the BSAI on March 5, 2007 (72 FR 10428, March 8, 2007), for the period 1200 hrs, A.l.t., April 30, 2007, through 1200 hrs, A.l.t., August 31, 2007. See § 679.20(c)(3)(iii), § 679.20(c)(5), and § 679.20(a)(7)(i)(A). The Administrator, Alaska Region, NMFS, has determined that jig vessels will not be able to harvest 532 mt of the B season apportionment of Pacific cod allocated to those vessels under DATES: E:\FR\FM\13APR1.SGM 13APR1

Agencies

[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Rules and Regulations]
[Pages 18594-18595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1823]



[[Page 18595]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01; I.D. 040607E]


Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, 
Flathead Sole, and ``Other Flatfish'' by Vessels Using Trawl Gear in 
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 closing directed fishing for rock sole, flathead sole, 
and ``other flatfish'' by vessels using trawl gear in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
to prevent exceeding the second seasonal allowance of the 2007 halibut 
bycatch allowance specified for the trawl rock sole, flathead sole, and 
``other flatfish'' fishery category in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 9, 2007, 
through 1200 hrs, A.l.t., July 1, 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.
    The second seasonal allowance of the 2007 halibut bycatch allowance 
specified for the trawl rock sole, flathead sole, and ``other 
flatfish'' fishery category in the BSAI is 164 metric tons as 
established by the 2007 and 2008 final harvest specifications for 
groundfish in the BSAI (72 FR 9451, March 2, 2007).
    In accordance with Sec.  679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS, has determined that the second seasonal allowance of the 
2007 halibut bycatch allowance specified for the trawl rock sole, 
flathead sole, and ``other flatfish'' fishery category in the BSAI has 
been reached. Consequently, NMFS is closing directed fishing for rock 
sole, flathead sole, and ``other flatfish'' by vessels using trawl gear 
in the BSAI.
    ``Other flatfish'' includes Alaska plaice, as well as all other 
flatfish species except for Pacific halibut (a prohibited species), 
Greenland turbot, rock sole, yellowfin sole, flathead sole, and 
arrowtooth flounder.
    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 directed fishing for rock sole, flathead 
sole, and ``other flatfish'' by vessels using trawl 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 
April 6, 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: April 6, 2007.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-1823 Filed 4-9-07; 3:14 pm]
BILLING CODE 3510-22-S

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