Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch and Rougheye Rockfish in the Western Aleutian District of the Bering Sea and Aleutian Islands Management Area, 38795-38796 [07-3457]

Download as PDF Federal Register / Vol. 72, No. 135 / Monday, July 16, 2007 / Rules and Regulations ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of Pacific ocean perch in the West Yakutat District of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 11, 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 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 TAC of Pacific ocean perch in the West Yakutat District of the GOA is 1,140 metric tons (mt) as established by the 2007 and 2008 harvest specifications for groundfish of the GOA (72 FR 9676, March 5, 2007). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2007 TAC of Pacific ocean perch in the West Yakutat District of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,090 mt, and is setting aside the remaining 50 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch in the West Yakutat District 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. ycherry on PRODPC74 with RULES 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 VerDate Aug<31>2005 15:14 Jul 13, 2007 Jkt 211001 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 ocean perch in the West Yakutat District 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 July 10, 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: July 11, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–3455 Filed 7–11–07; 2:57 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213033–7033–01] RIN 0648–XB45 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch and Rougheye Rockfish in the Western Aleutian District of 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 ocean perch in a specified area of the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to limit incidental catch of rougheye rockfish and prevent overfishing of rougheye rockfish in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 11, 2007, through 2400 hrs, A.l.t., December 31, 2007. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 38795 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 Magnuson-Stevens Fishery Conservation and Management Act requires that conservation and management measures prevent overfishing. The 2007 rougheye rockfish overfishing limit in the BSAI is 269 metric tons (mt) and the acceptable biological catch (ABC) is 202 mt as established by the 2007 and 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007). NMFS closed directed fishing for rougheye rockfish in Table 9 of the 2007 and 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007). Substantial trawl fishing effort will be directed at remaining amounts of Pacific ocean perch in the Western Aleutian District of the BSAI. This fishery has significant incidental catch of rougheye rockfish in certain areas. Data from the groundfish observer program indicates that high incidental catch rates of rougheye rockfish are experienced in the area delineated by straight lines connecting the coordinates in the order listed: East Buldir Island 52° 40.00′ N. 52° 30.00′ N. 52° 30.00′ N. 52° 40.00′ N. ........................ 176° 00.00′ E. 176° 00.00′ E. 176° 40.00′ E. 176° 40.00′ E. ........................ If the Pacific ocean perch fishery were allowed to continue in this area beyond July 11, 2007, the ABC for rougheye rockfish would be exceeded. The Administrator has determined, in accordance with § 679.20(d)(3) that prohibiting directed fishing for Pacific ocean perch in the area delineated by straight lines connecting the coordinates in the order listed: East Buldir Island 52° 40.00′ N. 52° 30.00′ N. 52° 30.00′ N. 52° 40.00′ N. ........................ 176° 00.00′ E. 176° 00.00′ E. 176° 40.00′ E. 176° 40.00′ E. ........................ is necessary to prevent overfishing of the rougheye rockfish, and is the least restrictive measure to achieve that purpose. Without this closure, E:\FR\FM\16JYR1.SGM 16JYR1 38796 Federal Register / Vol. 72, No. 135 / Monday, July 16, 2007 / Rules and Regulations significant incidental catch of rougheye rockfish would occur. 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)(3)(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 ocean perch in the specified area of the Western Aleutian District of 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 July 9, 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: July 11, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–3457 Filed 7–11–07; 2:57 pm] ycherry on PRODPC74 with RULES BILLING CODE 3510–22–S VerDate Aug<31>2005 15:14 Jul 13, 2007 Jkt 211001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213033–7033–01] RIN 0648–XB41 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Central Aleutian District of 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: NMFS is prohibiting directed fishing for Pacific ocean perch in the Central Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 Pacific ocean perch total allowable catch (TAC) in the Central Aleutian District of the BSAI. SUMMARY: Effective 1200 hrs, Alaska local time (A.l.t.), July 10, 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. The 2007 Pacific ocean perch TAC in the Central Aleutian District of the BSAI is 4,672 metric tons (mt) as established by the 2007 and 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined that the 2007 Pacific ocean perch TAC in the Central DATES: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 Aleutian District of the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 3,972 mt, and is setting aside the remaining 700 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch in the Central Aleutian District of 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 data in a timely fashion and would delay the closure of Pacific ocean perch in the Central Aleutian District of 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 July 9, 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: July 10, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–3432 Filed 7–10–07; 3:02 pm] BILLING CODE 3510–22–S E:\FR\FM\16JYR1.SGM 16JYR1

Agencies

[Federal Register Volume 72, Number 135 (Monday, July 16, 2007)]
[Rules and Regulations]
[Pages 38795-38796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3457]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XB45


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch and Rougheye Rockfish in the Western Aleutian District of 
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 ocean perch 
in a specified area of the Western Aleutian District of the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
to limit incidental catch of rougheye rockfish and prevent overfishing 
of rougheye rockfish in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 11, 2007, 
through 2400 hrs, A.l.t., December 31, 2007.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 Magnuson-Stevens Fishery Conservation and Management Act 
requires that conservation and management measures prevent overfishing. 
The 2007 rougheye rockfish overfishing limit in the BSAI is 269 metric 
tons (mt) and the acceptable biological catch (ABC) is 202 mt as 
established by the 2007 and 2008 final harvest specifications for 
groundfish in the BSAI (72 FR 9451, March 2, 2007). NMFS closed 
directed fishing for rougheye rockfish in Table 9 of the 2007 and 2008 
final harvest specifications for groundfish in the BSAI (72 FR 9451, 
March 2, 2007).
    Substantial trawl fishing effort will be directed at remaining 
amounts of Pacific ocean perch in the Western Aleutian District of the 
BSAI. This fishery has significant incidental catch of rougheye 
rockfish in certain areas. Data from the groundfish observer program 
indicates that high incidental catch rates of rougheye rockfish are 
experienced in the area delineated by straight lines connecting the 
coordinates in the order listed:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                  East Buldir Island      52[deg] 40.00'        176[deg]
                                                      N.       00.00' E.
                                          52[deg] 30.00'        176[deg]
                                                      N.       00.00' E.
                                          52[deg] 30.00'        176[deg]
                                                      N.       40.00' E.
                                          52[deg] 40.00'        176[deg]
                                                      N.       40.00' E.
                                          ..............  ..............
------------------------------------------------------------------------

    If the Pacific ocean perch fishery were allowed to continue in this 
area beyond July 11, 2007, the ABC for rougheye rockfish would be 
exceeded.
    The Administrator has determined, in accordance with Sec.  
679.20(d)(3) that prohibiting directed fishing for Pacific ocean perch 
in the area delineated by straight lines connecting the coordinates in 
the order listed:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                  East Buldir Island      52[deg] 40.00'        176[deg]
                                                      N.       00.00' E.
                                          52[deg] 30.00'        176[deg]
                                                      N.       00.00' E.
                                          52[deg] 30.00'        176[deg]
                                                      N.       40.00' E.
                                          52[deg] 40.00'        176[deg]
                                                      N.       40.00' E.
                                          ..............  ..............
------------------------------------------------------------------------

is necessary to prevent overfishing of the rougheye rockfish, and is 
the least restrictive measure to achieve that purpose. Without this 
closure,

[[Page 38796]]

significant incidental catch of rougheye rockfish would occur.

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)(3)(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 ocean perch in the specified area of 
the Western Aleutian District of 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 July 9, 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: July 11, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-3457 Filed 7-11-07; 2:57 pm]
BILLING CODE 3510-22-S

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