[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Rules and Regulations]
[Page 40193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15987]



[[Page 40193]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XJ02


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; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve of 
groundfish to the Greenland turbot initial total allowable catch (ITAC) 
in the Bering Sea subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to allow the fishery 
to continue operating. It is intended to promote the goals and 
objectives of the fishery management plan for the BSAI.

DATES: Effective July 11, 2008 through 2400 hrs, Alaska local time, 
December 31, 2008. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, July 28, 2008.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by 0648-
XJ02, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov;
     Mail: P.O. Box 21668, Juneau, AK 99802;
     Fax: (907) 586-7557; or
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

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 ITAC of Greenland turbot in the Bering Sea subarea of the 
BSAI was established as 1,488 mt by the 2008 and 2009 harvest 
specifications for groundfish of the BSAI (73 FR 10160, February 26, 
2008). The Regional Administrator, Alaska Region, NMFS, has determined 
that the ITAC for Greenland turbot in the Bering Sea subarea of the 
BSAI needs to be supplemented from the non-specified reserve in order 
to continue operations.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
75 mt from the non-specified reserve of groundfish to the Greenland 
turbot ITAC in the Bering Sea subarea of the BSAI. This apportionment 
is consistent with Sec.  679.20(b)(1)(i) and does not result in 
overfishing of a target species because the revised ITAC is equal to or 
less than the specifications of the acceptable biological catch in the 
2008 and 2009 final harvest specifications for groundfish in the BSAI 
(73 FR 10160, February 26, 2008).
    The harvest specification for Greenland turbot included in the 
harvest specifications for groundfish in the BSAI (73 FR 10160, 
February 26, 2008) is revised as follows: 1,563 mt to the 2008 ITAC of 
Greenland turbot in the Bering Sea subarea of the BSAI.

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) and 50 CFR 679.20(b)(3)(iii)(A) as such a 
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 apportionment of the non-specified 
reserves of groundfish to the Greenland turbot fishery 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 July 8, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until July 28, 
2008.
    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 9, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-15987 Filed 7-11-08; 8:45 am]
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