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[Federal Register Volume 73, Number 165 (Monday, August 25, 2008)]
[Rules and Regulations]
[Page 49963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19576]

[[Page 49963]]

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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.

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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 Sec.  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 Sec.  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 Sec.  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
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