[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Rules and Regulations]
[Page 3449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1093]



[[Page 3449]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106671-8010-02]
RIN 0648-XM77


Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak 
Gully Research Area for Vessels Using Trawl Gear

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule.

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SUMMARY: NMFS is rescinding the trawl closure in the Chiniak Gully 
Research Area. This action is necessary to allow vessels using trawl 
gear to participate in directed fishing for groundfish in the Chiniak 
Gully Research Area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 1, 2009, 
through 1200 hrs, A.l.t., September 20, 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 Chiniak Gully Research Area is closed to vessels using trawl 
gear from August 1 to a date no later than September 20 under 
regulations at Sec.  679.22(b)(6)(ii)(A). This closure is in support of 
a research project to evaluate the effects of commercial fishing on 
pollock distribution and abundance, as part of a comprehensive 
investigation of Stellar sea lion and commercial fishery interactions.
    The regulations at Sec.  679.22(b)(6)(ii)(B) provide that the 
Regional Administrator, Alaska Region, NMFS, (Regional Administrator) 
shall rescind the trawl closure if relevant research activities will 
not be conducted. The Regional Administrator has determined that 
research activities will not be conducted in 2009 in the Chiniak Gully 
Research Area. Therefore, the Regional Administrator is rescinding the 
trawl closure of the Chiniak Gully Research Area. All other closures 
remain in full force and effect.

Classification

    Pursuant to 5 U.S.C. 553 (b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA) finds good cause to waive prior notice and an 
opportunity for public comment on this action, as notice and comment is 
unnecessary. Notice and comment is unnecessary because the rescission 
of the trawl closure is non-discretionary; pursuant to Sec.  
679.22(b)(6)(ii)(B), the Regional Administrator has no choice but to 
rescind the trawl closure once it is determined that research 
activities will not be conducted in the area.
    Pursuant to 5 U.S.C. 553(d)(1), this rule is not subject to the 30-
day delay in effective date requirement of 5 U.S.C. 553(d) since the 
rule relieves a restriction.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.

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

    Dated: January 14, 2009.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-1093 Filed 1-16-09; 8:45 am]
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