Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Rules and Regulations 67267

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Rolanda F. Smith, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 04–169, 

adopted October 27, 2004, and released 

October 29, 2004. The full text of this 

Commission decision is available for 

inspection and copying during regular 

business hours at the FCC’s Reference 

Information Center, Portals II, 445 

Twelfth Street, SW., Room CY–A257, 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20054, 

telephone 1–800–378–3160 or http://

www.BCPIWEB.com. The Commission 

will send a copy of this Report and 

Order in a report to be sent to Congress 

and the General Accounting Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

PART 73—RADIO BROADCAST 

SERVICES

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

adding El Indio, Channel 236A.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–25515 Filed 11–16–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 300

[I.D. 110904H]

Fraser River Sockeye Salmon 

Fisheries; Inseason Orders

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Inseason orders.

SUMMARY: NMFS publishes the Fraser 

River salmon inseason orders regulating 

salmon fisheries in U.S. waters. The 

orders were issued by the Fraser River 

Panel (Panel) of the Pacific Salmon 

Commission (Commission) and 

subsequently approved and issued by 

NMFS during the 2004 salmon fisheries 

within the U.S. Fraser River Panel Area. 

These orders established fishing times 

and areas for the gear types of U.S. 

treaty Indian and all-citizen fisheries 

during the period the Panel exercised 

jurisdiction over these fisheries.

DATES: Each of the following inseason 

actions was effective upon 

announcement on telephone hotline 

numbers as specified at 50 CFR 

300.97(b)(1); those dates and times are 

listed herein. Comments will be 

accepted through December 2, 2004.

ADDRESSES: Comments may be mailed to 

D. Robert Lohn, Regional Administrator, 

Northwest Region, NMFS, 7600 Sand 

Point Way N.E., BIN C15700–Bldg. 1, 

Seattle, WA 98115–0070. Information 

relevant to this document is available 

for public review during business hours 

at the office of the Regional 

Administrator, Northwest Region, 

NMFS.

Comments can also be submitted via 

e-mail at the 

Fraser2004salmon@noaa.gov, or 

through the internet at the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments 

and include the I.D. number in the 

subject line of the message. Information 

relevant to this document is available 

for public review during business hours 

at the Office of the Regional 

Administrator, Northwest Region, 

NMFS.

FOR FURTHER INFORMATION CONTACT:

David Cantillon, (206) 526–4140.

SUPPLEMENTARY INFORMATION: The 

Treaty between the Government of the 

United States of America and the 

Government of Canada concerning 

Pacific Salmon was signed at Ottawa on 

January 28, 1985, and subsequently was 

given effect in the United States by the 

Pacific Salmon Treaty Act (Act) at 16 

U.S.C. 3631–3644.

Under authority of the Act, Federal 

regulations at 50 CFR part 300, subpart 

F provide a framework for 

implementation of certain regulations of 

the Commission and inseason orders of 

the Commission’s Fraser Panel for U.S. 

sockeye and pink salmon fisheries in 

the Fraser River Panel Area.

The regulations close the U.S. portion 

of the Fraser River Panel Area to U.S. 

sockeye and pink salmon fishing unless 

opened by Panel orders which are given 

effect by inseason regulations published 

by NMFS. During the fishing season, 

NMFS may issue regulations that 

establish fishing times and areas 

consistent with the Commission 

agreements and inseason orders of the 

Panel. Such orders must be consistent 

with domestic legal obligations. The 

Regional Administrator, Northwest 

Region, NMFS, issues the inseason 

orders. Official notification of these 

inseason actions of NMFS is provided 

by two telephone hotline numbers 

described at 50 CFR 300.97(b)(1). 

Inseason orders must be published in 

the Federal Register as soon as 

practicable after they are issued. Due to 

the frequency with which inseason 

orders are issued, publication of 

individual orders is impractical. 

Therefore, the 2004 orders are being 

published in this single document to 

avoid fragmentation.

The following inseason orders were 

adopted by the Panel and issued for U.S. 

fisheries by NMFS during the 2004 

fishing season. The times listed are local 

times, and the areas designated are 

Puget Sound Management and Catch 

Reporting Areas as defined in the 

Washington State Administrative Code 

at Chapter 220–22:

Order No. 2004–01: Issued 1 p.m., July 

16, 2004.

Treaty Indian Fisheries

Areas 4B, 5, and 6C: Open period for 

drift gill nets from 12 p.m. (noon), 

Sunday, July 18, 2004, to 12 p.m. 

(noon), Wednesday, July 21, 2004.

Order No. 2004–02: Issued 1 p.m., July 

20, 2004.

Treaty Indian Fisheries

Areas 4B, 5, and 6C: Open period for 

drift gill nets from 12 p.m. (noon), 

Wednesday, July 21, 2004, to 12 p.m. 

(noon), Saturday, July 24, 2004.

Order No. 2004–03: Issued 2:00 p.m., 

July 23, 2004.

Treaty Indian Fisheries

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon) Saturday, 

July 24, 2004, to 12 p.m. (noon), 

Wednesday, July 28, 2004.

Areas 6, 7, and 7A: Open to net 

fishing from 4 a.m., Monday, July 26, 

2004, to 8 a.m., Wednesday, July 28, 

2004.

All Citizen Fisheries

Areas 7 and 7A Gillnet: Open to 

fishing from 8 a.m. until 11:59 p.m. 

(midnight), both July 28 and July 29, 

2004.

67268 Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Rules and Regulations 

Areas 7 and 7A Purse Seine: Open to 

fishing from 5 a.m. until 9 p.m., both 

July 28 and July 29, 2004.

Areas 7 and 7A Reef Net: Open to 

fishing from 5 a.m. until 9 p.m., both 

July 28 and July 29, 2004.

Order No. 2004–04: Issued 5 p.m., July 

27, 2004.

Treaty Indian Fisheries

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon) 

Wednesday, July 28, 2004, to 12 p.m. 

(noon), Saturday, July 31, 2004.

Areas 6, 7, and 7A: Open to net 

fishing from 4 a.m., Thursday, July 29, 

2004, to 8 a.m., Saturday, July 31, 2004.

All Citizen Fisheries

Areas 7 and 7A Gillnet: Open to 

fishing from 8 a.m. until 11:59 p.m. 

(midnight), July 30, 2004.

Areas 7 and 7A Purse Seine: Open to 

fishing from 5 a.m. until 9 p.m., July 30, 

2004.

Areas 7 and 7A Reef Net: Open to 

fishing from 5 a.m. until 9 p.m., both 

July 30 and August 1, 2004.

Order No. 2004–05: Issued 5 p.m., July 

30, 2004.

Treaty Indian Fisheries

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon) Saturday, 

July 31, 2004, to 12 p.m. (noon), 

Saturday, August 7, 2004.

Areas 6, 7, and 7A: Open to net 

fishing from 4 a.m., Sunday, August 1, 

2004, to 11:59 p.m., Friday, August 6, 

2004.

All Citizen Fisheries

Areas 7 and 7A Gillnet: Open to 

fishing from 8 a.m. until 11:59 p.m. on 

the following dates: August 3 through 

August 6, 2004.

Areas 7 and 7A Purse Seine: Open to 

fishing from 5 a.m. until 9 p.m. on the 

following dates: August 3 through 

August 6, 2004.

Areas 7 and 7A Reef Net: Open to 

fishing from 5 a.m. until 9 p.m. on the 

following dates: July 31, and August 3 

through August 6, 2004.

Order No. 2004–06: Issued 3 p.m., 

August 6, 2004.

Treaty Indian Fisheries

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon) Saturday, 

August 7, 2004, to 12 p.m. (noon), 

Saturday, August 14, 2004.

Areas 6, 7, and 7A: Open to net 

fishing from 12:01 a.m., Saturday, 

August 7, 2004 to 11:59 p.m., Friday, 

August 13, 2004.

All Citizen Fisheries

Areas 7 and 7A Gillnet: Open to 

fishing from 8 a.m. until 11:59 p.m. on 

the following dates: August 10 through 

August 13, 2004.

Areas 7 and 7A Purse Seine: Open to 

fishing from 5 a.m. until 9 p.m. on the 

following dates: August 10 through 

August 13, 2004.

Areas 7 and 7A Reef Net: Open to 

fishing from 5 a.m. until 9 p.m. on the 

following dates: August 10 through 

August 13, 2004.

Order No. 2004–07: Issued 2 p.m., 

August 13, 2004.

Treaty Indian Fisheries

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon) Saturday, 

August 14, 2004, to 11:59 p.m., 

Saturday, August 14, 2004.

Areas 6, 7, and 7A: Open to net 

fishing from 12:01 a.m., Saturday, 

August 14, 2004, to 11:59 p.m., 

Saturday, August 14, 2004.

The Assistant Administrator for 

Fisheries NOAA (AA), finds that good 

cause exists for the inseason orders to be 

issued without affording the public 

prior notice and opportunity for 

comment under 5 U.S.C. 553(b)(B) as 

such prior notice and opportunity for 

comments is impracticable and contrary 

to the public interest. Prior notice and 

opportunity for public comment is 

impracticable because NMFS has 

insufficient time to allow for prior 

notice and opportunity for public 

comment between the time the stock 

abundance information is available to 

determine how much fishing can be 

allowed and the time the fishery must 

open and close in order to harvest the 

appropriate amount of fish while they 

are available.

Moreover, such prior notice and 

opportunity for public comment is 

impracticable because not closing the 

fishery upon attainment of the quota 

would allow the quota to be exceeded 

and thus compromise the conservation 

objectives established preseason, and it 

does not allow fishers appropriately 

controlled access to the available fish at 

the time they are available.

The AA also finds good cause to 

waive the 30–day delay in the effective 

date, required under 5 U.S.C. 553(d)(3), 

of the inseason orders. A delay in the 

effective date of the inseason orders 

would not allow fishers appropriately 

controlled access to the available fish at 

that time they are available.

This action is authorized by 50 CFR 

300.97, and is exempt from review 

under Executive Order 12866.

Authority: 16 U.S.C. 3636(b).

Dated: November 10, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25524 Filed 11–16–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Parts 300 and 635

[Docket No. 040316092–4312–02; 

I.D.103003A]

RIN 0648–AQ37

International Fisheries; Atlantic Highly 

Migratory Species

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule.

SUMMARY: This final rule implements 

international trade tracking 

recommendations of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) and the InterAmerican Tropical Tuna Commission 

(IATTC) for bluefin tuna, swordfish, and 

frozen bigeye tuna, regardless of ocean 

area of origin. Trade monitoring 

requirements for species covered under 

the recommendations and for southern 

bluefin tuna are established by this rule, 

including: a highly migratory species 

(HMS) international trade permit; 

statistical documents and re-export 

certificates; and recordkeeping, 

reporting, and inspection requirements.

DATES: Effective July 1, 2005.

ADDRESSES: Copies of the supporting 

documents, including the regulatory 

impact review/final Regulatory 

Flexibility Act analysis (RIR/FRFA) and 

the original ICCAT and IATTC 

recommendations, are available by 

sending your request to Dianne Stephan, 

Highly Migratory Species Management 

Division, NMFS, 1 Blackburn Drive, 

Gloucester, MA 01930.

Bluefin tuna, southern bluefin tuna, 

bigeye tuna, and swordfish statistical 

documents, re-export certificates, and 

biweekly trade reports may be obtained 

from:

Atlantic coast: NMFS, HMS, ATTN: 

Kathy Goldsmith, 1 Blackburn Drive, 

Gloucester, MA 01930–2298;

Gulf coast: NMFS, National Seafood 

Inspection Laboratory, ATTN: Lori 

Robinson, 705 Convent St, Pascagoula, 

MS 39568–1207;

West coast: NMFS, Southwest Region, 

Sustainable Fisheries Division, ATTN: