Browse: Departments   Dates   Agencies  

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 679

Docket ID: [Docket No. 071106673-8011-02]

RIN ID: RIN 0648-XJ02

NOTICE: RULES

ACTION: Fisheries of the Exclusive Economic Zone Off Alaska:

DOCUMENT ACTION: Temporary rule; apportionment of reserves; request for comments.

SUBJECT CATEGORY: Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Bering Sea and Aleutian Islands Management Area

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.

DOCUMENT 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.

SUMMARY: Greenland Turbot in the Bering Sea and Aleutian Islands Management Area,

SUPPLEMENTAL 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 MagnusonStevens 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 nonspecified reserve in order to continue operations.

Therefore, in accordance with Sec. 679.20(b)(3), NMFS apportions 75 mt from the nonspecified 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 nonspecified 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 30day 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. E815987 Filed 71108; 8:45 am]
BILLING CODE 351022S

FOR FURTHER INFORMATION CONTACT Jennifer Hogan, 907-586-7228.