Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11327 

Required Determinations 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by Office of Management and 

Budget (OMB) under the Paperwork 

Reduction Act. This rule will not 

impose recordkeeping or reporting 

requirements on State or local 

governments, individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

We have determined that 

environmental assessments and 

environmental impact statements, as 

defined under the authority of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.), need not 

be prepared in connection with 

regulations adopted under section 4(a) 

of the Act. We published a notice 

outlining our reasons for this 

determination in the Federal Register 

on October 25, 1983 (48 FR 49244). 

References Cited 

A complete list of all references cited 

in this rule is available on the Internet 

at http://www.regulations.gov or upon 

request from the Field Supervisor, 

Pacific Islands Fish and Wildlife Office 

(see FOR FURTHER INFORMATION CONTACT). 

Author(s) 

The primary authors of this document 

are the staff members of the Pacific 

Islands Fish and Wildlife Office, U.S. 

Fish and Wildlife Service (see 

ADDRESSES). 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as follows: 

PART 17—[AMENDED] 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 

1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- 

625, 100 Stat. 3500; unless otherwise noted. 

■ 2. Amend §17.12(h) by adding the 

following entry to the List of 

Endangered and Threatened Plants in 

alphabetical order under ‘‘Flowering 

Plants’’: 

§ 17.12 Endangered and threatened plants. 

* * * * * 

(h) * * * 

Species 

Historic range Family Status When listed Critical habitat Special rules 

Scientific name Common name 

FLOWERING PLANTS 

* * * * * * * 

Phyllostegia 

hispida 

None U.S.A. (HI) Lamiaceae E 762 NA NA 

* * * * * * * 

Dated: March 4, 2009. 

Rowan W. Gould, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E9–5348 Filed 3–16–09; 8:45 am] 

BILLING CODE 4310-55-S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0809251266–81485–02] 

RIN 0648–XN60 

Fisheries of the Northeastern United 

States; Scup Fishery; Reduction of 

Winter I Commercial Possession Limit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS announces the 

reduction of the scup coastwide 

commercial possession limit from 

Maine through North Carolina for the 

Winter I period. Regulations governing 

the scup fishery require publication of 

this notification to advise the coastal 

states from Maine through North 

Carolina that 80 percent of the 

commercial quota allocated to the 

Winter I period is projected to be 

harvested and to announce that the 

possession limit for a Federal vessel 

permit holder is reduced. 

DATES: Effective 0001 hours, March 19, 

2009, through April 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the scup fishery 

are found at 50 CFR part 648. The 

regulations at § 648.120(c) require the 

Northeast Regional Administrator to 

publish annual scup quota allocations 

and the percentage of landings attained 

during the Winter I period at which the 

possession limits would be reduced. On 

January 2, 2009, NMFS published the 

final rule for the summer flounder, 

scup, and black sea bass specifications 

in the Federal Register (74 FR 29). This 

final rule requires NMFS to publish a 

notification in the Federal Register 

advising and notifying commercial 

vessels and dealer permit holders that 

the commercial scup possession limit 

will be reduced once 80 percent of the 

Winter I Period quota is projected to be 

harvested. Based upon recent 

projections, the Regional Administrator 

anticipates that 80 percent of the 

Federal commercial quota of 3,777,443 

lb (1,713 mt) for the 2009 Winter I 

period will be harvested by March 19, 

2009. Therefore, to maintain the 

integrity of the 2010 Winter I period 

quota by avoiding quota overages, the 

commercial scup possession limit will 

be reduced from 30,000 lb (13,608 kg) to 

1,000 lb (454 kg) of scup per trip. This 

possession limit will remain in effect 

until the end of the Winter I period 

(through April 30, 2009) or until the 

Winter I quota allocation has been fully 

harvested, which ever occurs first. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

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


dwashington3 on PROD1PC60 with RULES
11328 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 

Dated: March 12, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–5749 Filed 3–16–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XO07 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

610 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the B season allowance of the 2009 total 

allowable catch (TAC) of pollock for 

Statistical Area 610 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 12, 2009, through 

1200 hrs, A.l.t., August 25, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (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 B season allowance of the 2009 

TAC of pollock in Statistical Area 610 

of the GOA is 3,233 metric tons (mt) as 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the B season allowance 

of the 2009 TAC of pollock in Statistical 

Area 610 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,000 mt, and is 

setting aside the remaining 233 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 610 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 closure of pollock in 

Statistical Area 610 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of March 11, 

2009. 

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: March 11, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–5713 Filed 3–12–09; 4:15 pm] 

BILLING CODE 3510–22–S 


dwashington3 on PROD1PC60 with RULES