[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Rules and Regulations]
[Pages 8883-8884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4281]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0812011537-9145-01]
RIN 0648-AX45


Fisheries of the Exclusive Economic Zone Off Alaska; 
Recordkeeping and Reporting

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

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to update regulations in 50 CFR part 
679. The action would remove regulations that have lapsed and is 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act.

DATES: Effective February 27, 2009.

ADDRESSES: Copies of the Categorical Exclusion (CE) and Regulatory 
Impact Review (RIR) prepared for this action may be obtained from the 
NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802, or by calling the 
Alaska Region, NMFS, at 907-586-7228, or from the NMFS Alaska Region 
website at http://alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008.

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive 
economic zone (EEZ) off Alaska are managed under the Fishery Management 
Plan for Groundfish of the Bering Sea and Aleutian Islands Management 
Area and the Fishery Management Plan for Groundfish of the Gulf of 
Alaska (FMPs). The North Pacific Fishery Management Council prepared 
the FMPs under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 
et seq. Regulations implementing the FMPs appear at 50 CFR part 679. 
General regulations governing U.S. fisheries also appear at 50 CFR part 
600.

Need for Action

    In 50 CFR part 679, text is amended to remove lapsed regulatory 
provisions from the Code of Federal Regulations (CFR). This final rule 
amends regulations by removing text as follows:

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                  Location                            Amendment
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679.20(a)(5)(i)(D), (E), and (F)             Remove from CFR because (F)
                                              was applicable only
                                              through December 31, 2002,
                                              and (D) and (E) were
                                              previously removed and
                                              reserved.
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679.20(a)(5)(iv)(C)                          Remove from CFR because
                                              this paragraph was
                                              applicable only through
                                              December 31, 2002.
------------------------------------------------------------------------
679.20(c)(2)                                 Remove from CFR and reserve
                                              because this paragraph was
                                              applicable only until
                                              April 1, 2005.
------------------------------------------------------------------------
679.20(c)(5) and (c)(6)                      Remove the phrase
                                              ``(Effective April 1,
                                              2005)'' because related
                                              regulations are now
                                              effective.
------------------------------------------------------------------------

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, NMFS has 
determined that this final rule is consistent with the FMPs and other 
provisions of the Magnuson-Stevens Act.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    This action will not increase recordkeeping and reporting costs.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of 
Fisheries (AA) finds good cause to waive prior notice and opportunity 
for public comment. Prior notice and opportunity for public comment are 
unnecessary because these changes remove regulatory provisions that 
have lapsed. For the same reason, the AA finds good cause to waive the 
30-day delay in the effective date under 5 U.S.C. 553(d)(3).
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq. are inapplicable.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: February 23, 2009.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs,National Marine 
Fisheries Service.

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For the reasons set out in the preamble, 50 CFR part 679 is amended as 
follows:

[[Page 8884]]

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

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1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., 3631 et seq.; 
Pub. L. 108-447.


Sec.  679.20  [Amended]

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2. In Sec.  679.20:
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A. Remove paragraphs (a)(5)(i)(D), (E), and (F), and paragraph 
(a)(5)(iv)(C).
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B. Remove and reserve paragraph (c)(2).
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C. Remove the parenthetical phrase ``(Effective April 1, 2005)'' from 
paragraphs (c)(5) and (c)(6).
[FR Doc. E9-4281 Filed 2-26-09; 8:45 am]
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