Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 3449 

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. 

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 MagnusonStevens 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 

§ 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 § 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 

§ 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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