Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 49963 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XJ95 

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; prohibition of 

retention. 

SUMMARY: NMFS is prohibiting retention 

of Greenland turbot in the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary because the 2008 

total allowable catch (TAC) of 

Greenland turbot in the Bering Sea 

subarea of the BSAI has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 19, 2008, though 

2400 hrs, A.l.t., December 31, 2008. 

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 Greenland turbot TAC in 

the Bering Sea subarea of the BSAI is 

1,563 metric tons (mt) as established by 

the 2008 and 2009 final harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008) 

and the reallocation on July 14, 2008 (73 

FR 40193). 

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

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2008 TAC of 

Greenland turbot in the Bering Sea 

subarea of the BSAI has been reached. 

Therefore, NMFS is requiring that 

Greenland turbot caught in the Bering 

Sea subarea of the BSAI be treated as 

prohibited species in accordance with 

§ 679.21(b). 

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) as such 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 prohibition of retention of 

Greenland turbot 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 August 18, 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. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 19, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–19576 Filed 8–19–08; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

RIN 0648–XH70 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Groundfish Fisheries 

in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; agency decision. 

SUMMARY: NMFS announces the 

Commerce Secretary’s approval of 

Amendment 79 to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (FMP). Amendment 79 

amends the FMP and requires the North 

Pacific Fishery Management Council 

(Council) to recommend an aggregate 

overfishing level and acceptable 

biological catch for the ‘‘other species’’

category in the Gulf of Alaska as part of 

the annual groundfish harvest 

specifications process. The ‘‘other 

species’’ category in the Gulf of Alaska 

consists of sharks, sculpins, squid, and 

octopus. Amendment 79 is necessary to 

allow the Council and NMFS to 

incorporate the best and most recent 

scientific and socioeconomic 

information for the specification of the 

‘‘other species’’ total allowable catch, 

acceptable biological catch, and 

overfishing level. This action is 

intended to promote the goals and 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the FMP, and other applicable 

laws. 

DATES: This agency decision is effective 

on August 20, 2008. 

ADDRESSES: Copies of Amendment 79 

and the Environmental Assessment (EA) 

for this action may be obtained from the 

NMFS Alaska Region at 709 West 9th 

Street, Room 420A, Juneau, AK 99802, 

or from the Alaska Region website at 

http://alaskafisheries.noaa.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requires that 

each regional fishery management 

council submit any fishery management 

plan or fishery management plan 

amendment it prepares to NMFS for 

review and approval, disapproval, or 

partial approval by the Secretary of 

Commerce. The Magnuson-Stevens Act 

also requires that NMFS, upon receiving 

a fisheries management plan 

amendment, immediately publish a 

notice in the Federal Register 

announcing that the amendment is 

available for public review and 

comment. 

The Council submitted Amendment 

79 to NMFS on May 19, 2008. The 

notice of availability for Amendment 79 

was published in the Federal Register 

on May 29, 2008 (73 FR 30875). The 

public comment period closed on July 

28, 2008. NMFS received no comments 

on the proposed amendment. 

In April 2008, the Council 

unanimously recommended 

Amendment 79 to the FMP. The 

purpose of Amendment 79 is to provide 

a sound biological basis for the setting 

of the ‘‘other species’’ total allowable 

catch (TAC) and to provide for an 

annual review of the stock status of the 

‘‘other species’’ category to further 

reduce the risk of overfishing the 

species in this category. Amendment 79 


ebenthall on PRODPC60 with RULES