Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 8883 

For the Amendment 80 cooperative, 

the vessels authorized to participate in 

the first HLA directed fishery in area 

543 and the second HLA directed 

fishery in area 542 are as follows: FFP 

3835 Seafisher. 

For the Amendment 80 limited access 

sector, vessels authorized to participate 

in the first HLA directed fishery in area 

542 and in the second HLA directed 

fishery in area 543 are as follows: FFP 

2443 Alaska Juris and FFP 3819 Alaska 

Spirit. 

For the Amendment 80 limited access 

sector, the vessels authorized to 

participate in the first HLA directed 

fishery in area 543 and the second HLA 

directed fishery in area 542 are as 

follows: FFP 3423 Alaska Warrior and 

FFP 4093 Alaska Victory. 

For the BSAI trawl limited access 

sector, the vessel authorized to 

participate in the first HLA directed 

fishery in area 542 is as follows: FFP 

11770 Alaska Knight. 

This action removes six vessels that 

registered with NMFS to fish in the A 

season HLA fisheries in areas 542 and/ 

or 543 and does not otherwise change 

the requirements in the January 14, 2009 

(74 FR 1946) temporary rule. 

Classification 

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 unnecessary. This notice 

merely advises the owners of these 

vessels of the results of a random 

assignment required by regulation. The 

notice needs to occur immediately to 

notify the owner of each vessel of its 

assignment to allow these vessel owners 

to plan for participation in the A season 

HLA fisheries in area 542 and area 543. 

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: February 23, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–4264 Filed 2–24–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0812011537–9145–01] 

RIN 0648–AX45 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Recordkeeping and 

Reporting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

update regulations in 50 CFR part 679. 

The action would remove regulations 

that have lapsed and is intended to 

promote the goals and objectives of the 

Magnuson–Stevens Fishery 

Conservation and Management Act. 

DATES: Effective February 27, 2009. 

ADDRESSES: Copies of the Categorical 

Exclusion (CE) and Regulatory Impact 

Review (RIR) prepared for this action 

may be obtained from the NMFS Alaska 

Region, P.O. Box 21668, Juneau, AK 

99802, or by calling the Alaska Region, 

NMFS, at 907–586–7228, or from the 

NMFS Alaska Region website at http:// 

alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Patsy A. Bearden, 907–586–7008. 

SUPPLEMENTARY INFORMATION: The 

groundfish fisheries in the exclusive 

economic zone (EEZ) off Alaska are 

managed under the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area and the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (FMPs). The North 

Pacific Fishery Management Council 

prepared the FMPs under the authority 

of the Magnuson–Stevens Fishery 

Conservation and Management Act 

(Magnuson–Stevens Act), 16 U.S.C. 

1801 et seq. Regulations implementing 

the FMPs appear at 50 CFR part 679. 

General regulations governing U.S. 

fisheries also appear at 50 CFR part 600. 

Need for Action 

In 50 CFR part 679, text is amended 

to remove lapsed regulatory provisions 

from the Code of Federal Regulations 

(CFR). This final rule amends 

regulations by removing text as follows: 

Location Amendment 

679.20(a)(5)(i)(D), 

(E), and (F) 

Remove from CFR 

because (F) was applicable only through 

December 31, 2002, 

and (D) and (E) 

were previously removed and reserved. 

679.20(a)(5)(iv)(C) Remove from CFR 

because this paragraph was applicable only through December 31, 2002. 

679.20(c)(2) Remove from CFR 

and reserve because this paragraph was applicable only until April 1, 

2005. 

679.20(c)(5) and 

(c)(6) 

Remove the phrase 

‘‘(Effective April 1, 

2005)’’ because related regulations are 

now effective. 

Classification 

Pursuant to section 305(d) of the 

Magnuson–Stevens Act, NMFS has 

determined that this final rule is 

consistent with the FMPs and other 

provisions of the Magnuson–Stevens 

Act. 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

This action will not increase 

recordkeeping and reporting costs. 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator of Fisheries 

(AA) finds good cause to waive prior 

notice and opportunity for public 

comment. Prior notice and opportunity 

for public comment are unnecessary 

because these changes remove 

regulatory provisions that have lapsed. 

For the same reason, the AA finds good 

cause to waive the 30-day delay in the 

effective date under 5 U.S.C. 553(d)(3). 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. are inapplicable. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries, Recordkeeping and 

reporting requirements. 

Dated: February 23, 2009. 

Samuel D. Rauch III 

Deputy Assistant Administrator for 

Regulatory Programs,National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 679 is amended 

as follows: 


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8884 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 1. The authority citation for part 679 

continues to read as follows: 

Authority: 16 U.S.C. 773 et seq., 1801 et 

seq., 3631 et seq.; Pub. L. 108–447. 

§ 679.20 [Amended] 

■ 2. In § 679.20: 

■ A. Remove paragraphs (a)(5)(i)(D), (E), 

and (F), and paragraph (a)(5)(iv)(C). 

■ B. Remove and reserve paragraph 

(c)(2). 

■ C. Remove the parenthetical phrase 

‘‘(Effective April 1, 2005)’’ from 

paragraphs (c)(5) and (c)(6). 

[FR Doc. E9–4281 Filed 2–26–09; 8:45 am] 

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