[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Rules and Regulations]
[Page 40309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19792]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 072297D]


Fisheries of the Exclusive Economic Zone Off Alaska; Greenland 
Turbot in the Bering Sea Subarea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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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). NMFS is requiring that catch of Greenland turbot in this 
area be treated in the same manner as prohibited species and discarded 
at sea with a minimum of injury. This action is necessary because the 
Greenland turbot 1997 total allowable catch (TAC) in this area has been 
reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 23, 1997, 
until 2400 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
economic zone is managed by the NMFS according to the Fishery 
Management Plan for the Groundfish Fishery of the Bering Sea and Bering 
Sea Area (FMP) prepared by the North Pacific Fishery Management Council 
under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act. Fishing by U.S. vessels is governed by regulations 
implementing the FMP at subpart H of 50 CFR part 600 and 50 CFR part 
679.
    The 1997 TAC of Greenland turbot in the Bering Sea subarea was 
established by the Final 1997 Harvest Specifications of Groundfish for 
the BSAI (62 FR 7168, February 18, 1997) and subsequent reserve 
apportionment (62 FR 31369, June 9, 1997) as 6,030 metric tons (mt). 
See Sec. 679.20(c)(3)(iii).
    In accordance with Sec. 679.20(d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the 1997 TAC for Greenland turbot in 
the Bering Sea subarea has been reached. Therefore, NMFS is requiring 
that further catches of Greenland turbot in the Bering Sea subarea 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. It must be implemented immediately to 
prevent overharvesting the 1997 TAC for Greenland turbot in the Bering 
Sea subarea of the BSAI. Providing prior notice and an opportunity for 
public comment on this action is impracticable and contrary to public 
interest. The fleet has already taken the directed fishing allowance 
for Greenland turbot. Further delay would only result in overharvest 
and disrupt the FMP's objective of allowing incidental catch to be 
retained throughout the year. NMFS finds for good cause that the 
implementation of this action cannot be delayed for 30 days. 
Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is 
hereby waived.
    This action is required by Sec. 679.20 and is exempt from review 
under E.O. 12866.

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

    Dated: July 22, 1997.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-19792 Filed 7-23-97; 4:01 pm]
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