Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Rules and Regulations 59623

terms. For the purposes of this

paragraph (f): Bog turtle of the southern

population means any member of the

species Clemmys muhlenbergii, within

Georgia, North Carolina, South Carolina,

Tennessee and Virginia, regardless of

whether in the wild or captivity, and

also applies to the progeny of any such

turtle.

(2) Prohibitions. Except as provided in

paragraph (f)(3) of this section, the

provisions of Sec. 17.31 (a) and (b) of

this part applies to bog turtles of the

southern population (see also 50 CFR

part 23).

(3) Take. Incidental take, that is, take

that results from, but is not the purpose

of, carrying out an otherwise lawful

activity, does not apply to bog turtles of

the southern population.

Dated: October 23, 1997.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 97–29088 Filed 11–3–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961126334–7025–02; I.D.

102997B]

Fisheries of the Exclusive Economic

Zone Off Alaska; Sablefish in the

Central Regulatory Area of the Gulf of

Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting retention

of sablefish by vessels using trawl gear

in the Central Regulatory Area in the

Gulf of Alaska (GOA). NMFS is

requiring that catches of sablefish by

vessels using trawl gear 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 allocation of

the sablefish 1997 total allowable catch

(TAC) assigned to trawl gear in the

Central Regulatory Area of the GOA has

been reached.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), October 30, 1997, until

2400 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–486–6919.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens 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 allocation of the sablefish TAC

assigned to trawl gear in the Central

Regulatory Area of the GOA was

established by the Final 1997 Harvest

Specifications of Groundfish for the

GOA (62 FR 8179, February 24, 1997) as

1,282 metric tons (mt). (See

§ 679.20(a)(4)(ii)(B).)

In accordance with § 679.20 (d)(2), the

Administrator, Alaska Region, NMFS

(Regional Administrator), has

determined that the allocation of the

sablefish TAC assigned to trawl gear in

the Central Regulatory Area of the GOA

has been reached. Therefore, the

Regional Administrator is requiring that

further catches of sablefish by vessels

using trawl gear in the Central

Regulatory Area be treated as prohibited

species in accordance with § 679.21 (b).

Classification

This action responds to the best

available information from the fishery. It

must be implemented immediately to

prevent overharvesting the 1997 TAC

for sablefish assigned to trawl gear in

the Central Regulatory Area of the GOA.

A delay in the effective date is

impracticable and contrary to public

interest. The trawl fleet will soon take

the assigned TAC for sablefish. Further

delay would only result in overharvest

and disrupt the FMP’s objective of

limiting the harvest of sablefish by

vessels using trawl gear. 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 50 CFR

679.20 and is exempt from review under

E.O. 12866.

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

Dated: October 29, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–29158 Filed 10–30–97; 3:36 pm]

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