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18940 Federal Register / Vol. 72, No.

72 / Monday, April 16, 2007 / Proposed Rules

Plan enables Fixed Gear Sector members Sectors is estimated to average 6 hr per percent of the annual Georges Bank (GB)
to fish under a set of rules crafted by response, including the time for cod total allowable catch (TAC) to the
Fixed Gear Sector members in order to reviewing instructions, searching GB Cod Hook Sector (Sector). Pursuant
adapt to current economic and fishing existing data sources, gathering and to that authorization, the Sector has
conditions. The Fixed Gear Sector, by maintaining the data needed, and submitted an Operations Plan and
fishing under rules that are designed to completing and reviewing the collection Sector Contract entitled, ‘‘Georges Bank
meet their needs (as well as the of information. Send comments Cod Hook Sector Fishing Year 2007–
conservation requirements of the FMP), regarding this burden estimate, or any 2008 Operations Plan and Agreement’’
is afforded a larger degree of flexibility other aspect of this data collection, (together referred to as the Sector
and efficiency, which result in including suggestions for reducing the Agreement) and has requested an
economic gains. For example, Fixed burden, to NMFS (see ADDRESSES) and allocation of GB cod, consistent with
Gear Sector members are able to plan by e-mail to regulations implementing Amendment
their fishing activity and income in DavidlRostker@omb.eop.gov, or fax to 13. A Supplemental Environmental
advance with more certainty due to the (202) 395–7285. Nothwithstanding any Assessment has also been prepared.
fact that there is a cod TAC, which is other provision of the law, no person is This document provides interested
apportioned to each month of the year. required to respond to, nor shall any parties an opportunity to comment on
They are able to maximize their person be subject to a penalty for failure the proposed Sector Agreement prior to
efficiency (revenue per trip), by to comply with, a collection of final approval or disapproval of the
targeting seasonal aggregations of cod, information subject to the requirements Sector Operations Plan and allocation of
due to the exemption from trip limits of the PRA, unless that collection of GB cod TAC to the Sector for the 2007
and hook numbers. Thus, this proposed information displays a currently valid fishing year (FY).
rule would enable Fixed Gear Sector OMB Control Number. DATES: Written comments must be
members to remain economically viable Regulations under the Magnuson- received on or before May 1, 2007.
by maximizing revenues and Stevens Fishery Conservation and ADDRESSES: You may submit written
minimizing expenses in the short term. Management Act require publication of comments by any of the following
This would also help to maintain this notification to provide interested methods:
associated shoreside job opportunities. parties the opportunity to comment on • Mail: Paper, disk, or CD-ROM
Economic Impacts of Alternatives to the proposed TAC allocations and plans of comments should be sent to Patricia A.
Proposed Action operation of sectors. Kurkul, Regional Administrator, NMFS,
Under the No Action alternative, all Authority: 16 U.S.C. 1801 et seq. Northeast Regional Office, 1 Blackburn
Fixed Gear Sector members would Dated: April 11, 2007. Drive, Gloucester, MA 01930. Mark the
remain in the common pool of vessels Samuel D. Rauch III
outside of the envelope ‘‘Comments on
and fish under all the rules GB Cod Hook Sector Operations Plan.’’
Deputy Assistant Administrator for
implemented by Amendment 13 and • Fax: (978) 281–9135.
Regulatory Programs, National Marine
subsequent Framework Adjustments, • E-mail: gbhooksctr@noaa.gov.
Fisheries Service.
• Federal e-Rulemaking Portal: http://
and there would be no allocation of GB [FR Doc. 07–1882 Filed 4–12–07; 10:41 am] www.regulations.gov.
cod to the Fixed Gear Sector. Because BILLING CODE 3510–22–S Copies of the Sector Agreement and
cod usually represents a high proportion
the EA are available from the NE
of total fishing income for Cape Cod-
Regional Office at the mailing address
based gillnet and hookgear vessels, DEPARTMENT OF COMMERCE specified above. Written comments
revenues for such vessel owners are
National Oceanic and Atmospheric regarding the burden-hour estimates or
very sensitive to regulations that impact
Administration other aspects of the collection-of-
how and when they can fish for cod,
information requirements contained in
such as trip limits and restrictions on
50 CFR Part 648 the proposed rule may be submitted to
the number of hooks fished. Under the
the address above or by e-mail to David-
common pool rules implemented by FW [Docket No. 070322064–7064–01; I.D. Rostker@omb.eop.gov, or fax to (202)
42 (e.g., differential DAS counting) and 030607E] 395–7285.
Amendment 13 (restrictive daily trip
limits for cod), it is likely that Fixed RIN 0648–AV20 FOR FURTHER INFORMATION CONTACT:
Gear Sector vessels would experience Thomas Warren, Fishery Policy Analyst,
Magnuson-Stevens Act Provisions; phone (978) 281–9347, fax (978) 281–
revenue losses. It is more likely under
Fisheries of the Northeastern United 9135, e-mail Thomas.Warren@noaa.gov.
the No Action alternative that
States; Northeast Multispecies SUPPLEMENTARY INFORMATION: NMFS
disruption to the Chatham/Harwichport
Fishery; 2007 Georges Bank Cod Hook announces that the Administrator,
communities would occur.
Sector Operations Plan and Agreement Northeast Region, NMFS (Regional
Description of the Projected Reporting, and Allocation of Georges Bank Cod Administrator), has made a preliminary
Recordkeeping, and Other Compliance Total Allowable Catch determination that the Sector
Requirements of the Proposed Rule Agreement, which contains the Sector
AGENCY: National Marine Fisheries
This rule contains a collection-of- Service (NMFS), National Oceanic and Contract and Operations Plan, is
information requirement subject to the Atmospheric Administration (NOAA), consistent with the goals of the FMP
Paperwork Reduction Act (PRA) and and applicable law and is in compliance
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Commerce.
which has been approved by OMB ACTION: Proposed rule; request for with the regulations governing the
under control number 0648–0202. comments. development and operation of a sector
Public reporting burden for the as specified under 50 CFR 648.87. The
Submission of a Plan of Operation for an SUMMARY: Amendment 13 to the final rule implementing Amendment 13
Approved Sector Allocation is estimated Northeast (NE) Multispecies Fishery (69 FR 22906, April 27, 2004) specified
to average 50 hr per response, and for Management Plan (FMP) (Amendment a process for the formation of sectors
the Annual Reporting Requirements for 13) authorized allocation of up to 20 within the NE multispecies fishery and

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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules 18941

the allocation of TAC for a specific The Sector was authorized for FY total accumulated landings of GB cod
groundfish species (or days-at-sea 2006 and, based upon the GB cod landed by all NE multispecies vessels
(DAS)), implemented restrictions that landings history of its 37 members, was for the same time period (10,738,834 lb
apply to all sectors, authorized the GB allocated 615 mt of cod, which is 10.03 (4,871.1 mt)/113,278,842 lb (51,382.42
Cod Hook Sector, established the GB percent of the total FY 2006 GB cod mt)). Based upon the 35 prospective
Cod Hook Sector Area (Sector Area), TAC. Sector members, the Sector TAC of GB
and specified a formula for the On January 22, 2007, the Sector cod would be 798 mt (9.48 percent
allocation of GB cod TAC to the Sector. Manager submitted to NMFS the times the fishery-wide GB cod target
The principal Amendment 13 Georges Bank Cod Hook Sector Fishing TAC of 8,416 mt). The fishery-wide GB
regulations applying to the Sector Year 2007–2008 Operations Plan and cod target TAC of 8,416 mt is less than
specify that: (1) all vessels with a valid Agreement. A supplemental EA entitled the total GB cod target TAC proposed
limited access NE multispecies DAS ‘‘Approval of the Georges Bank Cod for FY 2007 (9,822 mt) because the
permit are eligible to participate in the Hook Sector Operations Plan,’’ which 9,822 mt includes Canadian catch. If
Sector, provided they have documented analyzes the impacts of the proposed prospective members of the Sector
landings, through valid dealer reports Sector Agreement, was also prepared. determine that they no longer want to
submitted to NMFS, of GB cod during The proposed 2007 Sector Agreement participate in the sector after the
FY 1996 through 2001 when fishing and Operations Plan contains the same
publication of this document and prior
with hook gear (i.e., jigs, demersel elements as the 2006 Sector Agreement.
to a final decision by the Regional
longline, or handgear); (2) membership The Sector Agreement would be
Administrator, it is possible that the
in the Sector is voluntary, and each overseen by a Board of Directors and a
total number of participants in the
member is required to remain in the Sector Manager. The Sector Agreement
Sector and the TAC for the Sector may
specifies, in accordance with
Sector for the entire fishing year and differ from the numbers above. The
Amendment 13, that the Sector’s GB cod
cannot fish outside the NE multispecies Sector Agreement contains procedures
TAC would be based upon the number
DAS program during the fishing year, for the enforcement of the Sector rules,
of Sector members and their historic
unless certain conditions are met; (3) a schedule of penalties, and provides
landings of GB cod. The GB cod TAC is
vessels fishing in the Sector the authority to the Sector Manager to
a ‘‘hard’’ TAC, meaning that, once the
(participating vessels) are confined to issue stop fishing orders to members of
TAC is reached, Sector vessels could not
fishing in the Sector Area, which is that the Sector. Participating vessels would
fish under a DAS, possess or land GB
portion of the GB cod stock area north be required to land fish only in
cod or other regulated species managed
of 39° 00′ N. lat. and east of 71° 40′ W. designated landing ports and would be
under the FMP (regulated species), or
long; and (4) participating vessels are use gear capable of catching groundfish required to provide the Sector Manager
required to comply with all pertinent (unless fishing under charter/party or with a copy of the Vessel Trip Report
Federal fishing regulations, unless recreational regulations). Should the (VTR) within 48 hr of offloading.
specifically exempted by a Letter of hard TAC be exceeded, the Sector’s Dealers purchasing fish from
Authorization issued by the Regional allocation would be reduced by the participating vessels would be required
Administrator, and the provisions of an overharvest in the following year. to provide the Sector Manager with a
approved Operations Plan. The proposed 2007 Operations Plan copy of the dealer report on a weekly
While Amendment 13 authorized the proposes an exemption from the basis. On a monthly basis, the Sector
Sector, in order for GB cod to be following restrictions of the FMP: The Manager would transmit to NMFS a
allocated to the Sector and the Sector GB cod trip limit; the GB and Southern copy of the VTRs and the aggregate
authorized to fish, the Sector must New England (SNE) limit on the number catch information from these reports.
submit an Operations Plan and Sector of hooks fished; the GB seasonal After 90 percent of the Sector’s
Contract to the Regional Administrator closure; the DAS Leasing Program vessel allocation has been harvested, the
annually for approval. The Operations size restrictions; Differential DAS in the Sector Manager would be required to
Plan and Sector Contract must contain Gulf of Maine Differential DAS Area and provide NMFS with aggregate reports on
certain elements, including a contract in the SNE Differential DAS Area (those a weekly basis. A total of 1/12 of the
signed by all Sector participants and a portions of the differential areas which Sector’s GB cod TAC, minus a reserve,
plan containing the management rules overlap the Sector Area); and the would be allocated to each month of the
that the Sector participants agree to Western U.S./Canada Area 72–hr fishing year. GB cod quota that is not
abide by in order to avoid exceeding the observer program notification. landed during a given month would be
allocated TAC. An additional analysis of Justification for the proposed rolled over into the following month.
the impacts of the Sector’s proposed exemptions and analysis of the potential Once the aggregate monthly quota of GB
operations may also be required in order impacts of the Operations Plan are cod is reached, for the remainder of the
to comply with the National contained in the EA. A Regulatory month, participating vessels could not
Environmental Policy Act. Further, the Impact Review/Initial Regulatory fish under a NE multispecies DAS,
public must be provided an opportunity Flexibility Analysis (IRFA) is possess or land GB cod or other
to comment on the proposed Operations summarized in the Classification section regulated species, or use gear capable of
Plan and Sector Contract. The of this proposed rule. catching regulated NE multispecies.
regulations require that, upon As of February 1, 2007, 35 prospective Once the annual TAC of GB cod is
completion of the public comment Sector members had signed the 2007 reached, Sector members could not fish
period, the Regional Administrator will Sector Contract. The GB cod TAC under a NE multispecies DAS, possess
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make a determination regarding calculation is based upon the historic or land GB cod or other regulated
approval of the Sector Contract and cod landings of the participating Sector species, or use gear capable of catching
Operations Plan. If approved by the vessels, regardless of gear used. The regulated NE multispecies for the rest of
Regional Administrator, participating allocation percentage is calculated by the fishing year. The harvest rules
vessels would be authorized to fish dividing the sum of total landings of GB would not preclude vessels from fishing
under the terms of the Operations Plan cod landed by Sector members in FY under the charter/party or recreational
and Sector Contract. 1996 through 2001, by the sum of the regulations, provided the vessel fishes

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18942 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules

under the applicable charter/party and cumulative impact of the no action Economic Impacts of the Proposed
recreational rules on separate trips. For alternative is estimated to be neutral, Action
each fishing trip, participating vessels with negative social and economic The proposed alternative would
would be required to fish under the NE impacts. allocate a GB cod TAC of 798 mt to the
multispecies DAS program to account Should the Regional Administrator GB Cod Hook Sector. Once the GB cod
for any incidental groundfish species approve the Sector Agreement as TAC is harvested, participating vessels
that they may catch while fishing for GB proposed, a Letter of Authorization would not be allowed to fish under a
cod. In addition, participating vessels would be issued to each member of the DAS, possess or land GB cod, or other
would be required to call the Sector regulated species managed under the
Sector exempting them, conditional
Manager prior to leaving port. All legal- FMP, or use gear capable of catching
upon their compliance with the Sector
sized cod caught would be retained and groundfish (unless fishing under
Agreement, from the GB cod possession
landed and counted against the Sector’s recreational or party/charter
restrictions, the GB Seasonal Closure
aggregate allocation. Participating regulations). Vessels intending to fish in
Area, the Western U.S./Canada Area 72–
vessels would not be allowed to fish the Sector during FY 2007 may not fish
with or have on board gear other than hr observer notification requirement, the
DAS Leasing Program vessel size for NE multispecies under a NE
jigs, non-automated demersal longline, Multispecies DAS during FY 2007 until
or handgear. NE multispecies DAS used restrictions, differential DAS, and the
limits on the number of hooks the Sector Operations Plan is approved,
by participating vessels while and Sector vessels may only fish with
conducting fishery research under an requirements as specified in
§§ 648.86(b)(2), 648.81(g), jigs, non-automated demersel longline,
Exempted Fishing Permit during the FY or handgear. Under the proposed
2007 would be deducted from that 648.85(a)(3)(ii)(C), 648.82(k)(4)(ix),
648.82 (e)(2), 648.80(a)(4)(v), and Operations Plan, members would be
Sector member’s individual DAS exempt from several restrictions of the
allocation. Similarly, all GB cod landed 648.80(b)(2)(v), respectively.
FMP described in the preamble to this
by a participating vessel while Classification proposed rule and in the EA.
conducting research would count The proposed alternative would
toward the Sector’s allocation of GB cod This proposed rule has been positively impact the members of the
TAC. Participating vessels would be determined to be not significant for the Sector (35 vessels or less) that have
exempt from the GB Seasonal Closure purposes of Executive Order (E.O.) voluntarily joined the Sector, who are
Area during May. 12866. relatively dependent upon groundfish
The EA prepared for the Sector This proposed rule does not contain revenue compared to other participants
operations concludes that the biological policies with federalism or ‘‘takings’’ in the groundfish fishery. The proposed
impacts of the Sector will be positive implications as those terms are defined Alternative would indirectly benefit the
because the hard TAC and the use of in E.O. 13132 and E.O. 12630, communities of Chatham and
DAS will provide two means of respectively. Harwichport (Massachusetts), and to a
restricting both the landings and effort lesser extent other Cape Cod
of the Sector. Implementation of the An Initial Regulatory Flexibility communities involved in the groundfish
Sector would have a positive impact on Analysis (IRFA) was prepared as fishery. During FY 2005, members of the
essential fish habitat (EFH) and bycatch required by section 603 of the Sector landed 275,743 lb (125,054 kg) of
by allowing a maximum number of hook Regulatory Flexibility Act (RFA). Below cod and 1,114,401 lb (505,397 kg) of
vessels to remain active in the hook is a summary of the IRFA, which haddock, generating approximately $
fishery, rather than converting to (or describes the economic impacts this 402,000, and $ 1,314,000 in revenue,
leasing DAS to) other gear types that proposed rule, if adopted, would have respectively (assuming a dock-side price
have greater impacts on EFH. The on small entities. A description of the of $ 1.46 and $1.18 per lb, respectively).
analysis of economic impacts of the action, why it is being considered, and Sector members also landed various
Sector concludes that Sector members the legal basis for this action are other species, which contributed
would realize higher economic returns contained in the preamble to this slightly more to their revenue. In
if the Sector were implemented. The EA proposed rule and in the EA prepared general, the operation of the Sector
asserts that fishing in accordance with for this action. The Small Business would continue to mitigate the negative
the Sector Agreement rules enables Administration (SBA) size standard for economic impacts that result from the
more efficient harvesting of GB cod with small commercial fishing entities is $ 4 current suite of regulations that apply to
hook gear than would be possible if the million in average annual receipts. All the groundfish fishery (most recently
vessels were fishing in accordance with permitted and participating vessels in Framework Adjustment 42)(October 23,
the common pool (non-Sector) rules. the groundfish fishery, including 2006; 71 FR 62156). The Sector, by
The social benefits of the Sector would prospective Sector members, are fishing under rules that are designed to
accrue to Sector members, as well as the considered to be small entities because meet their needs (as well as the
Chatham and Harwichport, MA, average annual receipts by any one conservation requirements of the FMP),
communities, which are more entity (vessel) do not exceed this is afforded a larger degree of flexibility
dependent upon groundfish revenues threshold, and, therefore there is no and efficiency, which result in
than other communities. The EA disproportionate impact between large economic gains. For example, Sector
concludes that the self-governing nature and small entities. The number of members are able to plan their fishing
of the Sector and the development of prospective participants in the Sector is activity and income in advance with
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rules by the Sector enables stewardship 35, substantially less than the total more certainty due to the fact that there
of the cod resource by Sector members. number of active vessels in the is a cod TAC, which is apportioned to
The cumulative impacts of the Sector groundfish fishery. Only these 35 each month of the year. They are able
are expected to be positive due to a vessels would be subject to the to maximize their efficiency (revenue
positive biological impact, positive regulatory exemptions and operational per trip) due to the exemption from trip
impact on habitat, and a positive social restrictions proposed for the Sector for limits and hook numbers. For some
and economic impact. In contrast, the FY 2007. vessel owners in the Sector,

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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules 18943

participation in the Sector enables their information displays a currently valid • Mail: to P.O. Box 21668, Juneau, AK
businesses to remain economically OMB Control Number. 99802;
viable. Regulations under the Magnuson- • Hand delivery to the Federal
Stevens Fishery Conservation and Building: 709 West 9th Street, Room
Economic Impacts of Alternatives to the Management Act require publication of 420A, Juneau, AK 99802;
Proposed Action this notification to provide interested • Fax: (907) 586–7557;
Under the No Action alternative, all parties the opportunity to comment on • E-mail: 0648–AT71–
Sector members would remain in the proposed TAC allocations and plans of GOA68PR@noaa.gov. Include in the
common pool of vessels and fish under operation of sectors. subject line of the email the following
all the rules implemented by Authority: 16 U.S.C. 1801 et seq. identifier: Rockfish Program correction
Amendment 13 and subsequent 0648–AT71. E-mail comments, with or
Framework Adjustments. Under the Dated: April 11, 2007.
without attachments, are limited to five
regulatory scenario of the No Action Samuel D. Rauch III, megabytes; or
alternative, Sector members would Deputy Assistant Administrator for • Webform at the Federal e-
likely face increased economic Regulatory Programs, National Marine Rulemaking Portal: http://
uncertainty, a loss of efficiency, and Fisheries Service. www.regulations.gov.
revenue loss. Because cod usually [FR Doc. 07–1883 Filed 4–12–07; 10:41 am] Copies of Amendment 68; the
represents a high proportion of total BILLING CODE 3510–22–S Environmental Assessment/Regulatory
fishing income for hook gear vessels, Impact Review/Initial Regulatory
revenues for Sector members are Flexibility Analysis (EA/RIR/IRFA)
sensitive to regulations that impact how DEPARTMENT OF COMMERCE prepared for Amendment 68; and Final
and when they can fish for cod, such as Regulatory Flexibility Analysis (FRFA)
trip limits and hook gear restrictions. National Oceanic and Atmospheric
Administration prepared for Amendment 68 may be
Sector members would be unnecessarily obtained from the NMFS Alaska Region,
impacted by regulations designed to P.O. Box 21668, Juneau, AK 99802,
affect the catch of species of which hook 50 CFR Part 679
Attn: Ellen Sebastian, and on the NMFS
gear catches very little (e.g., yellowtail [Docket No. 060511126–7082–04; I.D. Alaska Region website at http://
flounder, because hook gear is more 050306E] www.fakr.noaa.gov.
selective than other gear types). For RIN 0648–AT71 FOR FURTHER INFORMATION CONTACT:
example, under the No Action
alternative, Sector members would be Jason Anderson, 907 586 7228 or
Fisheries of the Exclusive Economic jason.anderson@noaa.gov.
affected by the differential DAS Zone Off Alaska; Allocating Gulf of
counting requirement, one of the Alaska Fishery Resources SUPPLEMENTARY INFORMATION:
objectives of which is to protect
AGENCY: National Marine Fisheries Background
yellowtail flounder.
Service (NMFS), National Oceanic and In January 2004 the U.S. Congress
Description of the Projected Reporting, Atmospheric Administration (NOAA), amended section 313(j) of the
Recordkeeping, and Other Compliance Commerce. Magnuson-Stevens Act through the
Requirements of the Proposed Action ACTION: Proposed rule; request for Consolidated Appropriations Act of
This rule contains a collection-of- comments. 2004 (Public Law 108 199, section 802).
information requirement subject to the As amended, the Magnuson-Stevens Act
Paperwork Reduction Act (PRA) and SUMMARY: NMFS issues this proposed authorizes the Secretary of Commerce to
which has been approved by OMB rule for the Central Gulf of Alaska establish a limited access privilege
under control number 0648–0202. (GOA) rockfish fisheries to revise program for the Central GOA rockfish
Public reporting burden for the monitoring and enforcement (M&E) fisheries (Program), developed in
Submission of a Plan of Operation for an provisions related to catcher/processor coordination with the North Pacific
Approved Sector Allocation is estimated vessels harvesting under the opt-out Fishery Management Council (Council).
to average 50 hr per response, and for fishery, and to make changes to The Council recommended Amendment
the Annual Reporting Requirements for regulations governing the rockfish 68 to the FMP for groundfish in the
Sectors is estimated to average 6 hr per fisheries. This action is necessary to GOA on June 6, 2005, to make the
response, including the time for clarify procedures and to correct Program effective.
reviewing instructions, searching discrepancies in a November 20, 2006, NMFS published a notice of
existing data sources, gathering and final rule. This proposed rule is availability for Amendment 68 on May
maintaining the data needed, and intended to promote the goals and 15, 2006 (71 FR 27984). On June 7,
completing and reviewing the collection objectives of the Fishery Management 2006, NMFS published a proposed rule
of information. Send comments Plan for groundfish of the Gulf of Alaska to implement Amendment 68 and the
regarding this burden estimate, or any (FMP), the Magnuson-Stevens Fishery Program (71 FR 33040). The Secretary
other aspect of this data collection, Conservation and Management Act approved Amendment 68 on August 11,
including suggestions for reducing the (Magnuson-Stevens Act), and other 2006. NMFS published a final rule to
burden, to NMFS (see ADDRESSES) and applicable law. implement Amendment 68 on
by e-mail to DATES: Comments must be received by November 20, 2006 (71 FR 67210).
DavidlRostker@omb.eop.gov, or fax to April 30, 2007. The Program provides exclusive
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(202) 395–7285. Nothwithstanding any ADDRESSES: Send comments to Sue harvesting and processing privileges for
other provision of the law, no person is Salveson, Assistant Regional a specific set of rockfish species and
required to respond to, nor shall any Administrator, Sustainable Fisheries associated species harvested
person be subject to a penalty for failure Division, Alaska Region, NMFS, Attn: incidentally to those rockfish in the
to comply with, a collection of Ellen Sebastian. Comments may be Central GOA an area between 147° W.
information subject to the requirements submitted by any of the following longitude and 159° W. longitude. A
of the PRA, unless that collection of methods: detailed overview of the Program is

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