1946 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations 

Classification 

National Environmental Policy Act 

The 1982 amendments to the ESA, in 

section 4(b)(1)(A), restrict the 

information that may be considered 

when assessing species for listing. Based 

on this limitation of criteria for a listing 

decision and the opinion in Pacific 

Legal Foundation v. Andrus, 675 F. 2d 

825 (6th Cir. 1981), NMFS has 

concluded that ESA listing actions are 

not subject to the environmental 

assessment requirements of the National 

Environmental Policy Act (NEPA; See 

NOAA Administrative Order 216 6.) 

Executive Order 12866, Regulatory 

Flexibility Act and Paperwork 

Reduction Act 

As noted in the Conference Report on 

the 1982 amendments to the ESA, 

economic impacts cannot be considered 

when assessing the status of a species. 

Therefore, the economic analysis 

requirements of the Regulatory 

Flexibility Act are not applicable to the 

listing process. In addition, this rule is 

exempt from review under Executive 

Order 12866. This proposed rule does 

not contain a collection-of-information 

requirement for the purposes of the 

Paperwork Reduction Act. 

Federalism 

NMFS has conferred with the State of 

California in the course of assessing the 

status of black abalone through 

quarterly coordination meetings 

between the CDFG and NMFS and 

CDFG technical peer review of the black 

abalone draft status review report. The 

coordination meetings contributed to 

our consideration of Federal, state and 

local conservation measures. The CDFG 

technical peer review comments were 

considered and comments and 

information were incorporated into the 

final version of the status review report. 

As subsequent issues with ESA 

compliance and rulemaking arise (e.g., 

issuance of permits, critical habitat 

designation, recovery planning), we will 

continue to communicate with the 

States, and other affected local or 

regional entities, giving careful 

consideration to all concerns and 

comments received. 

List of Subjects in 50 CFR Part 224 

Endangered and threatened species, 

Exports, Imports, Transportation. 

Dated: January 9, 2009. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 224 is amended 

as follows: 

PART 224—ENDANGERED MARINE 

AND ANADROMOUS SPECIES 

■ 1. The authority citation of part 224 

continues to read as follows: 

Authority: 16 U.S.C. 1531 1543 and 16 

U.S.C. 1361 et seq. 

■ 2. In § 224.101, paragraph (d) is 

revised to read as follows: 

§ 224.101 Enumeration of endangered 

marine and anadromous species. 

* * * * * 

(d) Marine invertebrates. The 

following table lists the common and 

scientific names of endangered species, 

the locations where they are listed, and 

the citations for the listings and critical 

habitat designations. 

Species 

Where Listed Citation (s) for Listing Determinations 

Citations (s) for 

Critical Habitat 

Common name Scientific name Designations 

Black abalone Haliotis 

cracherodii 

USA, CA. From Crescent City, 

California, USA to Cape San 

Lucas, Baja California, Mexico, 

including all offshore islands. 

[insert Federal Register volume 

and page number where 

document begins; January 14, 

2009] 

N/A 

White abalone Haliotis 

sorenseni 

USA, CA. From Point 

Conception, California to Punta 

Abreojos, Baja California, 

Mexico including all offshore 

islands and banks. 

NOAA 2001; 66 FR 29054, 

May, 29, 2001. 

Deemed not 

prudent NOAA 

2001; 66 FR 

29054, May, 29, 

2001. 

[FR Doc. E9–635 Filed 1–13–09; 8:45 am] 

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DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XM68 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel Lottery 

in Areas 542 and 543 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of fishery 

assignments. 

SUMMARY: NMFS is notifying the owners 

and operators of registered vessels of 

their assignments for the 2009 A season 

Atka mackerel fishery in harvest limit 

area (HLA) 542 and/or 543 of the 

Aleutian Islands subarea of the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

allow the harvest of the 2009 A season 

HLA limits established for area 542 and 

area 543 pursuant to the 2008 and 2009 

harvest specifications for groundfish in 

the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 9, 2009, until 1200 

hrs, A.l.t., April 15, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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. 

In accordance with 

§ 679.20(a)(8)(iii)(A), owners and 

operators of vessels using trawl gear for 

directed fishing for Atka mackerel in the 

HLA are required to register with 

NMFS. Fourteen vessels have registered 

with NMFS to fish in the A season HLA 

fisheries in areas 542 and/or 543. In 


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Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations 1947 

accordance with § 679.20(a)(8)(iii)(B), 

the Administrator, Alaska Region, 

NMFS, has randomly assigned each 

vessel to the HLA directed fishery for 

Atka mackerel for which they have 

registered and is now notifying each 

vessel of its assignment in accordance 

with § 679.20(a)(8)(iii). 

For the Amendment 80 cooperative, 

the vessels authorized to participate in 

the first HLA directed fishery in area 

542 and the second HLA directed 

fishery in area 543 are as follows: 

Federal Fishery Permit number (FFP) 

2134 Ocean Peace, FFP 2733 Seafreeze 

Alaska, FFP 3694 Arica, and FFP 3835 

Seafisher. 

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 

1610 Rebecca Irene, FFP 2110 Cape 

Horn, and FFP 3369 Unimak. 

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 vessels authorized to 

participate in the first HLA directed 

fishery in area 542 are as follows: FFP 

480 Muir Milach and FFP 11770 Alaska 

Knight. 

For the BSAI trawl limited access 

sector, the vessel authorized to 

participate in the second HLA directed 

fishery in area 542 is as follows: FFP 

6202 Epic Explorer. 

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: January 9, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–606 Filed 1–9–09; 4:15 pm] 

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