Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 12297 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or are available for 

viewing and copying at the Site 

information repositories located at: U.S. 

EPA Montana Office, Federal Building, 

Suite 3200, 10 West 15th Street, Helena, 

MT 59626, (406) 457–5000. 

Viewing Hours: Mon.–Fri. 8 a.m. to 5 

p.m., excluding holidays. Stillwater 

County Library, 27 North 4th Street; PO 

Box 266, Columbus, MT 59019–0266, 

406–322–5009. Hours: (Library hours 

vary) 

FOR FURTHER INFORMATION CONTACT: 

Roger Hoogerheide, Remedial Project 

Manager, 8MO, 

hoogerheide.roger@epa.gov, U.S. EPA, 

Region 8—Montana Office, 10 W. 15th 

St., Suite 3200, Helena, Montana 59626, 

(406) 457–5031 or 1–866–457–2690, 

extension 5031. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Partial Deletion for the surface and 

subsurface soils component of the 

Mouat Industries Superfund Site 

without prior Notice of Intent for Partial 

Deletion because EPA views this as a 

noncontroversial revision and 

anticipates no adverse comment. We 

have explained our reasons for this 

partial deletion in the preamble to the 

direct final Notice of Partial Deletion, 

and those reasons are incorporated 

herein. If we receive no adverse 

comment(s) on this partial deletion 

action, we will not take further action 

on this Notice of Intent for Partial 

Deletion. If we receive adverse 

comment(s), we will withdraw the 

direct final Notice of Partial Deletion 

and it will not take effect. We will, as 

appropriate, address all public 

comments in a subsequent final Notice 

of Partial Deletion based on this Notice 

of Intent for Partial Deletion. We will 

not institute a second comment period 

on this Notice of Intent for Partial 

Deletion. Any parties interested in 

commenting must do so at this time. 

For additional information, see the 

direct final Notice of Partial Deletion 

which is located in the Rules section of 

this Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: March 10, 2009. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

[FR Doc. E9–6143 Filed 3–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R1-ES-2008-0128; MO 922105 0083- 

B2] 

RIN 1018-AW72 

Endangered and Threatened Wildlife 

and Plants; Determination of 

Significant Portion of the Range of 

Marine and Estuarine Areas of the 

Southwestern Washington/Columbia 

River Distinct Population Segment of 

Coastal Cutthroat Trout 

(Oncorhynchus clarki clarki) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: On July 5, 2002, we, the U.S. 

Fish and Wildlife Service (Service), 

published a withdrawal of the proposed 

rule to list the Southwestern 

Washington/Columbia River distinct 

population segment (DPS) of the coastal 

cutthroat trout (Oncorhynchus clarki 

clarki) as threatened under the 

Endangered Species Act of 1973, as 

amended (Act). As a result of litigation, 

we are now reconsidering our 

withdrawal of the proposed rule with 

specific regard to the question of 

whether the marine and estuarine areas 

may constitute a significant portion of 

the range of the Southwestern 

Washington/Columbia River DPS of 

coastal cutthroat trout, and if so, 

whether that portion is threatened or 

endangered. We hereby notify the 

public, other concerned governmental 

agencies, the scientific community, 

industry, and any other interested party 

of our request for information, data, or 

comments on the marine and estuarine 

areas of the Southwestern Washington/ 

Columbia River DPS of coastal cutthroat 

trout, with particular regard to whether 

these areas constitute a significant 

portion of the range of the DPS under 

the Act, and if so, whether the 

subspecies is threatened or endangered 

in those areas. 

DATES: We will accept information 

received on or before April 23, 2009. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS-R1- 

ES-2008–0128; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

‘‘Public Comments’’ section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: Paul 

Henson, Ph.D, State Supervisor, U.S. 

Fish and Wildlife Service, Oregon Fish 

and Wildlife Office, 2600 SE 98th 

Avenue, Suite 100, Portland, OR 97266; 

telephone 503-231-6179; facsimile 503- 

231-6195. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 800-877-8339. 

SUPPLEMENTARY INFORMATION:

Public Comments 

To ensure that any action resulting 

from this request for information will be 

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12298 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 

based on the best scientific and 

commercial data available and will be as 

accurate as possible, we solicit 

comments or suggestions from the 

public, other concerned governmental 

agencies, the scientific community, 

industry, or any other interested parties. 

We particularly seek comments 

concerning: 

(1) Information on those marine and 

estuarine areas that could potentially 

constitute a significant portion of the 

range of the Southwestern Washington/ 

Columbia River DPS of the coastal 

cutthroat trout, and the suggested 

boundaries of those areas; 

(2) Information on whether and why 

those marine and estuarine areas 

constitute a significant portion of the 

range of the Southwestern Washington/ 

Columbia River DPS of coastal cutthroat 

trout as defined by sections 3(6) or 3(20) 

of the Act; and 

(3) Other information on the status, 

distribution, population trends, 

abundance, habitat conditions, or 

threats specific to those marine and 

estuarine areas that could constitute a 

significant portion of the range of the 

Southwestern Washington/Columbia 

River DPS of coastal cutthroat trout. 

(4) Information on the effects of 

potential threat factors that are the basis 

for a species’ listing determination 

under section 4(a)(1) of the Act (16 

U.S.C. 1531 et seq.; the ‘‘five listing 

factors’’) specifically with respect to 

those marine and estuarine areas of the 

Southwestern Washington/Columbia 

River DPS of coastal cutthroat trout. The 

five listing factors considered under the 

Act are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of the species’ habitat or 

range; 

(b) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(c) Disease or predation; 

(d) Inadequacy of existing regulatory 

mechanisms; and 

(e) Other natural or manmade factors 

affecting its continued existence. 

We define ‘‘estuary’’ to mean a semienclosed coastal body of water that has 

a free connection with the open sea and 

within which sea water is measurably 

diluted with fresh water derived from 

land drainage (Lauff 1967, as cited in 

ISAB 2000, p. 2). For example, although 

the Columbia River is tidally influenced 

up to Bonneville Dam at river mile 146 

(235 river kilometers), saltwater 

intrusion is generally limited to the 

lower 23 river miles (37 river 

kilometers) (near Harrington Point) at 

the minimum regulated monthly flow 

(Neal 1972, as cited in ISAB 2000, p. 2), 

although when lower daily flows occur 

salt intrusion can extend past Pillar 

Rock at river mile 28 (45 river 

kilometers). 

Please note that comments merely 

stating support for or opposition to the 

action under consideration without 

providing supporting information, 

although noted, will not be considered 

in making a determination, because 

section 4(b)(1)(A) of the Act directs that 

determinations as to whether any 

species is a threatened or endangered 

species must be made ‘‘solely on the 

basis of the best scientific and 

commercial data available.’’ 

You may submit your comments and 

materials concerning this request for 

information by one of the methods 

listed in the ADDRESSES section. We will 

not consider comments sent by e-mail or 

fax or to an address not listed in the 

ADDRESSES section. 

If you submit a comment via http:// 

www.regulations.gov, your entire 

comment—including any personal 

identifying information—will be posted 

on the website. If you submit a 

hardcopy comment that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy comments on 

http://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this review, will be 

available for public inspection at http:// 

www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Oregon Fish and Wildlife Office 

(see FOR FURTHER INFORMATION CONTACT). 

Background 

The coastal cutthroat trout is one of 

10 formally described subspecies of 

cutthroat trout (Behnke 1992, p. 53). 

Coastal cutthroat trout are distributed 

along the Pacific Coast of North America 

from Prince William Sound in Alaska to 

the Eel River in California (Behnke 

1992, p. 65; Trotter 1997, p. 7), and 

inland from the Coast Range of Alaska 

to roughly the crest of the Cascades of 

Washington and Oregon (Trotter 1997, 

p. 7). In January 1999, the National 

Marine Fisheries Service (NMFS) 

completed a status review of coastal 

cutthroat trout from Washington, 

Oregon, and California. The status 

review identified six Evolutionarily 

Significant Units (ESUs) across this 

range based on biogeographic, life 

history, and genetic information. The 

six ESUs identified were Puget Sound, 

Olympic Peninsula, Southwestern 

Washington/Columbia River, Upper 

Willamette River, Oregon Coast, and 

Southern Oregon/California Coasts 

(Johnson et al. 1999, p. 125). 

On April 5, 1999, the NMFS and the 

Service issued a joint proposal to list the 

Southwestern Washington/Columbia 

River population of the coastal cutthroat 

trout as a threatened species under the 

Act (64 FR 16397). Although the NMFS 

uses the term ESU for such a 

population, when the Service assumed 

sole regulatory jurisdiction of the 

coastal cutthroat trout under the Act in 

April 2000 (65 FR 21376; April 21, 

2000), we began using the term Distinct 

Population Segment (DPS), which is the 

terminology normally utilized for such 

analogous entities by the Service. 

The Southwestern Washington/ 

Columbia River DPS that is the subject 

of this request for information includes 

the Columbia River and its tributaries 

from the mouth to the Klickitat River on 

the Washington side of the river and 

Fifteenmile Creek on the Oregon side; 

the Willamette River and its tributaries 

from its confluence with the Columbia 

upstream to Willamette Falls; Willapa 

Bay and its tributaries; and Grays 

Harbor and its tributaries. The DPS 

inhabits portions of five ecoregions: the 

Coast Range, Puget Lowland, Cascades, 

Willamette Valley, and Eastern 

Cascades. Most of the DPS occurs in the 

Coast Range, Puget Lowland, and 

Cascades. A more detailed description 

of the DPS can be found in the April 5, 

1999, proposed rule (64 FR 16397). 

Relatively little is known about the 

specific life history and habitat 

requirements of coastal cutthroat trout. 

Coastal cutthroat trout spend more time 

in the freshwater environment and make 

more extensive use of this habitat, 

particularly small streams, than do most 

other Pacific salmonids (Johnson et 

al.1999, p. 44). The life history of 

coastal cutthroat trout may be one of the 

most complex of any Pacific salmonid. 

Coastal cutthroat trout exhibit a variety 

of life history strategies across their 

range that includes three basic 

variations: resident or primarily 

nonmigratory, freshwater migrants, and 

marine migrants (Northcote 1997, p.20; 

Johnson et al. 1999, pp. 11, 44-45). 

Residents may stay within the same 

stream segment their entire life. 

Freshwater migrants may make 

migrations from small tributaries to 

larger tributaries or rivers, or may 

migrate from tributary streams to lakes 

or reservoirs. Marine migrations 

(anadromy) are generally thought to be 

limited to near-shore marine areas; 

individuals may not venture out of the 

estuary in some cases (Trotter 1997, 

p.10). 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 12299 

There are numerous exceptions to 

these generalized behaviors. We also 

lack observations of definitive genetic 

relationships between individual or 

population-wide migratory strategies 

(Behnke 1997, p. 5). In areas above longstanding barriers, coastal cutthroat trout 

are limited to resident or freshwater 

migratory life history strategies. In areas 

accessible to the ocean, all three life 

history strategies (resident, freshwater 

migratory, and anadromous) are likely 

to be expressed in the same area. Coastal 

cutthroat trout appear to exhibit very 

flexible life history strategies. The 

extent to which individuals expressing 

these various strategies are isolated from 

other life history forms is largely 

unknown, though there is growing 

evidence that individuals may express 

multiple life history behaviors in their 

life time (Johnson et al. 1999, pp. 40-43). 

The diverse life history strategies shown 

by coastal cutthroat trout are not well 

understood, but are thought to represent 

unique adaptations to local 

environments and the subspecies’ 

response to environmental variability 

and unpredictability. 

For additional information on the 

biology, habitat, and range of coastal 

cutthroat trout, please refer to the 

proposed rule (64 FR 16397; April 5, 

1999) and withdrawal of the proposed 

rule (67 FR 44934; July 5, 2002). 

Previous Federal Actions 

The NMFS and the Service jointly 

published a proposed rule to list the 

Southwestern Washington/Columbia 

River ESU (later DPS) of coastal 

cutthroat trout as a threatened 

population under the distinct vertebrate 

population segment provision of the Act 

on April 5, 1999 (64 FR 16397). In that 

proposed rule, we noted the uncertainty 

regarding which agency, the NMFS or 

the Service, had jurisdiction over the 

coastal cutthroat trout, and we 

committed to notify the public once the 

issue had been resolved. Subsequently, 

the time to make a final determination 

on the proposed rule was extended for 

an additional 6 months, from April 5, 

2000 to October 5, 2000, due to 

substantial scientific disagreement 

about the status of the population; this 

action further opened an additional 30– 

day comment period (65 FR 20123; 

April 14, 2000). On April 21, 2000, the 

NMFS and the Service published a 

notice of the Service’s assumption of 

sole jurisdiction for coastal cutthroat 

trout under the Act (65 FR 21376). On 

June 2, 2000, we again reopened the 

comment period on the proposed rule 

and announced a public hearing to be 

held in Ilwaco, Washington, on June 20, 

2000, to allow all interested parties to 

submit oral or written comments on the 

proposal (65 FR 35315). 

On July 14, 2000, we published a 

notice to clarify the take prohibitions for 

the Southwestern Washington/Columbia 

River DPS of coastal cutthroat trout that 

would apply if the proposed listing 

were to be finalized and provided a 30– 

day public comment period on the list 

of activities that would, and would not, 

likely constitute a violation of section 9 

of the Act (65 FR 43730). The comment 

period on the clarification of take 

prohibitions was reopened on 

September 6, 2000 (65 FR 53974), and 

a hearing was held September 21, 2000, 

in Aberdeen, Washington, based on a 

request during the initial public 

comment period. In addition, the 

comment period on the proposed rule to 

list the Southwestern Washington/ 

Columbia River DPS of coastal cutthroat 

trout was again reopened for an 

additional 30 days on November 23, 

2001 (66 FR 58706). 

On July 5, 2002, we published a 

notice of withdrawal of the proposed 

rule to list the Southwestern 

Washington/Columbia River DPS of the 

coastal cutthroat trout as threatened (67 

FR 44934). The notice set forth the 

following bases for our determination 

that the DPS did not meet the listing 

criteria as a threatened species: (1) new 

data indicating that coastal cutthroat 

trout are more abundant in southwest 

Washington than was previously 

thought and that population sizes were 

comparable to those of healthy 

populations in other areas; (2) new 

information and analyses calling into 

question prior interpretation of the size 

of the anadromous portion of the 

population in the Columbia River and 

indicating higher numbers than 

previously described; (3) new data and 

analyses no longer showing declining 

adult populations in the Grays Harbor 

tributaries; (4) new analyses calling into 

question the past interpretation of trend 

data, and therefore the magnitude of the 

trend in the anadromous portion of the 

population in the Columbia River; (5) 

new information describing the 

production of anadromous progeny by 

non-anadromous and above-barrier 

cutthroat trout; and, (6) two large-scale 

Habitat Conservation Plans (HCPs) and 

significant changes in Washington 

Forest Practices Regulations 

substantially reducing threats to aquatic 

and riparian habitat on forest lands in 

Washington. The withdrawal notice 

concluded that, based on reduced 

threats and new information and 

understanding regarding the status of 

the DPS, the Southwestern Washington/ 

Columbia River DPS of coastal cutthroat 

trout was not in danger of becoming 

endangered in the foreseeable future, 

and therefore did not meet the 

definition of a threatened species. 

On February 3, 2005, the Center for 

Biological Diversity, Oregon Natural 

Resources Council, Pacific Rivers 

Council, and WaterWatch filed a legal 

challenge to the Service’s withdrawal of 

the proposed listing in the U.S. District 

Court for the District of Oregon (Center 

for Biological Diversity, et al. v. U.S. 

Fish and Wildlife Service, Case No. 05- 

165-KI). The Court ruled that the 

Service’s decision to withdraw the 

proposed rule complied with the Act 

and was not arbitrary and capricious, 

and dismissed the action on November 

16, 2005. Plaintiffs appealed. On April 

18, 2008, the U.S. Court of Appeals for 

the Ninth Circuit affirmed the district 

court’s decision in part and reversed the 

decision in part. The Ninth Circuit 

found no error in the Service’s 

determination that the DPS as a whole 

did not merit listing, but held that the 

Service had failed to consider whether 

the marine and estuarine portions of the 

DPS constitute a significant portion of 

the range of the coastal cutthroat trout 

within that DPS under the Act (Center 

for Biological Diversity, et al. v. U.S. 

Fish and Wildlife Service, 2008 U.S. 

App. LEXIS 8701 (9th Cir. 2008)). The 

Ninth Circuit reversed the district 

court’s decision and remanded the 

matter to the district court. 

On July 1, 2008, the U.S. District 

Court for the District of Oregon issued 

an amended order remanding the listing 

decision to the Service for further 

consideration consistent with the 

opinion of the Ninth Circuit. 

Specifically, the court directed the 

Service to consider whether the estuary 

and other marine areas constitute a 

significant portion of the range of the 

Southwestern Washington/Columbia 

River DPS of the coastal cutthroat trout. 

The Service will complete its review of 

the best available information, including 

data, information, and comments 

submitted during this comment period, 

to comply with that order. 

At this time, we are soliciting new 

information on the coastal cutthroat 

trout in the marine and estuarine areas 

of the Southwestern Washington/ 

Columbia River DPS, and specifically in 

regard to whether these areas represent 

a significant portion of the range of this 

DPS. If you submit information, please 

support it with documentation such as 

maps, bibliographic references, methods 

used to gather and analyze the data, or 

copies of any pertinent publications, 

reports, or letters by knowledgeable 

sources. We request information 

regarding data from any systematic 

surveys, as well as any studies or 

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12300 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 

analysis of data regarding population 

size or trends; biology or ecology of the 

subspecies; effects of current land 

management on population distribution 

and abundance; current condition of 

habitat; and conservation measures that 

have been implemented to benefit the 

subspecies specific to the marine and 

estuarine areas of the Southwestern 

Washington/Columbia River DPS. 

Additionally, we request information on 

threats to the coastal cutthroat trout in 

the marine and estuarine areas of the 

Southwestern Washington/Columbia 

River DPS in relation to the five listing 

factors (as defined in section 4(a)(1) of 

the Act). 

At the conclusion of our review, we 

will issue a new determination on the 

April 5, 1999 proposed rule concerning 

whether the marine and estuarine areas 

of the Southwestern Washington/ 

Columbia River DPS of the coastal 

cutthroat trout constitute a significant 

portion of the range of the DPS, and if 

so, whether such significant portion of 

the range warrants listing. We will base 

our determination on a review of the 

best scientific and commercial 

information available, including all 

information received as a result of this 

notice. 

References Cited 

A complete list of all references we 

cited in this document is available on 

the Internet at http:// 

www.regulations.gov or by contacting 

the Oregon Fish and Wildlife Office (see 

FOR FURTHER INFORMATION CONTACT). 

Author 

The primary authors of this notice are 

the staff of the Oregon Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

2600 SE 98th Avenue, Suite 100, 

Portland, OR 97266. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: March 11, 2009 

Paul R. Schmidt 

Acting Director, Fish and Wildlife Service 

[FR Doc. E9–5890 Filed 3–23–09; 8:45 am] 

BILLING CODE 4310–55–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

RIN 0648–AX42 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Central Gulf of Alaska 

Rockfish Program; Amendment 85 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of availability of 

fishery management plan amendment; 

request for comments. 

SUMMARY: The North Pacific Fishery 

Management Council submitted 

Amendment 85 to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (GOA FMP) to NMFS for 

review. If approved, Amendment 85 

would modify the GOA FMP and the 

Central Gulf of Alaska Rockfish Program 

to remove a restriction that prohibits 

certain catcher/processors from 

participating in directed groundfish 

fisheries in the Bering Sea and Aleutian 

Islands Management Area in July. This 

action is necessary to improve flexibility 

and reduce operating costs for catcher/ 

processors that participate in the Central 

Gulf of Alaska Rockfish Program. This 

action is intended to promote the goals 

and objectives of the Magnuson–Stevens 

Fishery Conservation and Management 

Act, the GOA FMP, and other applicable 

laws. 

DATES: Comments on the amendment 

must be received on or before May 26, 

2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘RIN 0648– 

AX42,’’ by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: 907–586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

Copies of Amendment 85 to the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska, the 

Regulatory Impact Review (RIR), the 

Initial Regulatory Flexibility Analysis 

(IRFA), the categorical exclusion 

prepared for this action, and the 

Environmental Assessment (EA), RIR, 

and Final Regulatory Flexibility 

Analysis (FRFA) prepared for the 

Central Gulf of Alaska Rockfish Program 

are available from the NMFS Alaska 

Region at the address above or from the 

Alaska Region website at http:// 

www.alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Glenn Merrill, 907–586–7228, or Rachel 

Baker, 907–586–7425. 

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 amendment it prepares to NMFS 

for review and approval, disapproval, or 

partial approval by the Secretary of 

Commerce (Secretary). The Magnuson– 

Stevens Act also requires that NMFS, 

upon receiving a fishery management 

plan amendment, immediately publish a 

notice in the Federal Register 

announcing that the amendment is 

available for public review and 

comment. This notice announces that 

proposed Amendment 85 to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (GOA FMP) is available 

for public review and comment. 

The groundfish fisheries in the 

exclusive economic zone of Alaska are 

managed under the GOA FMP and the 

Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(BSAI FMP). The FMPs were prepared 

by the North Pacific Fishery 

Management Council (Council) under 

the Magnuson–Stevens Act. Section 802 

of the Consolidated Appropriations Act 

of 2004 (Public Law 108–199) granted 

NMFS specific authority to manage 

Central Gulf of Alaska (GOA) rockfish 

fisheries, and directed the Secretary, in 

consultation with the Council, to 

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