[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Rules and Regulations]
[Pages 77534-77535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30202]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XM30


Fisheries of the Exclusive Economic Zone Off Alaska; Greenland 
Turbot and Rougheye Rockfish 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 to the 
initial total allowable catch (ITAC) of Greenland turbot in the 
Aleutian Islands subarea and rougheye rockfish in the Bering Sea and 
Aleutian Islands (BSAI) management area. This action is necessary to 
allow the fisheries to continue operating. It is intended to promote 
the goals and objectives of the fishery management plan for the BSAI.

DATES:  Effective December 16, 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, December 31, 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 [RIN], 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.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
     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 (e.g., name, address) 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 (enter N/A in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.

FOR FURTHER INFORMATION CONTACT:  Mary Furuness, 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 Aleutian Islands subarea 
was established as 672 metric tons (mt) and rougheye rockfish in the 
BSAI was established as 187 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 Aleutian Islands subarea and 
rougheye rockfish in the BSAI needs to be supplemented from the non-
specified reserve in order to continue fishing operations.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish 118 mt to the Greenland 
turbot ITAC in the Aleutian Islands subarea and 15 mt of rougheye 
rockfish ITAC in the BSAI. These apportionments are consistent with 
Sec.  679.20(b)(1)(i) and do not result in overfishing of a target 
species because the revised ITACs are 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 and rougheye 
rockfish included in the harvest specifications for groundfish in the 
BSAI (73 FR 10160, February 26, 2008) for the 2008 ITAC are revised as 
follows: 790 mt for Greenland turbot in the Aleutian Islands subarea 
and 202 mt for rougheye rockfish in the BSAI.

[[Page 77535]]

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 Sec.  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 Aleutian 
Islands subarea and rougheye rockfish in 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 December 4, 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 December 
31, 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: December 16, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-30202 Filed 12-16-08; 4:15 pm]
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