[Federal Register: August 25, 2008 (Volume 73, Number 165)]
[Rules and Regulations]
[Page 49963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au08-12]
[[Page 49963]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XJ95
Fisheries of the Exclusive Economic Zone Off Alaska; Greenland
Turbot 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; prohibition of retention.
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SUMMARY: NMFS is prohibiting retention of Greenland turbot in the
Bering Sea subarea of the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary because the 2008 total allowable
catch (TAC) of Greenland turbot in the Bering Sea subarea of the BSAI
has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 19, 2008,
though 2400 hrs, A.l.t., December 31, 2008.
FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone 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 2008 Greenland turbot TAC in the Bering Sea subarea of the BSAI
is 1,563 metric tons (mt) as established by the 2008 and 2009 final
harvest specifications for groundfish in the BSAI (73 FR 10160,
February 26, 2008) and the reallocation on July 14, 2008 (73 FR 40193).
In accordance with Sec. 679.20(d)(2), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2008 TAC
of Greenland turbot in the Bering Sea subarea of the BSAI has been
reached. Therefore, NMFS is requiring that Greenland turbot caught in
the Bering Sea subarea of the BSAI be treated as prohibited species in
accordance with Sec. 679.21(b).
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 prohibition of retention of Greenland turbot in the
Bering Sea subarea 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 August 18, 2008.
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: August 19, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-19576 Filed 8-19-08; 4:15 pm]
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