Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 71731

this action is not a significant energy 

action and no Statement of Energy 

Effects is required. 

Unfunded Mandates Reform Act 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.): 

(a) The Service has determined and 

certifies pursuant to the Unfunded 

Mandates Reform Act, 2 U.S.C. 1502 et 

seq., that this rulemaking will not 

impose a cost of $100 million or more 

in any given year on local or State 

governments or private entities. No 

additional information will be required 

from a non-Federal entity solely as a 

result of this rule. These regulations 

implement a voluntary program; no 

incremental costs are being imposed on 

non-Federal landowners. 

(b) These regulations will not produce 

a Federal mandate of $100 million or 

greater in any year; that is, this rule is 

not a ‘‘significant regulatory action’’

under the Unfunded Mandates Reform 

Act. 

Takings 

In accordance with Executive Order 

12630, these regulations do not have 

significant takings implications 

concerning taking of private property by 

the Federal Government. These 

regulations pertain to a voluntary 

program that does not require 

individuals to participate unless they 

volunteer to do so. Therefore, these 

regulations have no impact on personal 

property rights.

Federalism 

These regulations will not have 

substantial direct effects on the States, 

in the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among various levels of 

government. Therefore, in accordance 

with Executive Order 13132, the Service 

has determined that this rule does not 

have sufficient federalism implications 

to warrant a Federalism Assessment. 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Department of the Interior 

has determined that this rule does not 

unduly burden the judicial system and 

meets the applicable standards provided 

in sections 3(a) and 3(b)(2) of the Order. 

Paperwork Reduction Act 

This rule would not impose any new 

requirements for collection of 

information associated with incidental 

take permits other than those already 

approved for incidental take permits 

under the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.). This rule will not 

impose new recordkeeping or reporting 

requirements on State or local 

governments, individuals, businesses, or 

organizations. We 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 

The Department of the Interior has 

determined that the issuance of this rule 

is categorically excluded under the 

Department’s NEPA procedures in 516 

DM 2, Appendix 1.10. 

Government-to-Government 

Relationship With Indian Tribes 

In accordance with the Secretarial 

Order 3206, ‘‘American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act’’ (June 5, 1997); the 

President’s memorandum of April 29, 

1994, ‘‘Government-to-Government 

Relations with Native American Tribal 

Governments’’ (59 FR 22951); E.O. 

13175; and the Department of the 

Interior’s Manual at 512 DM 2, we 

understand that we must relate to 

recognized Federal Indian Tribes on a 

Government-to Government basis. 

However, these regulations pertain to 

voluntary agreements, Habitat 

Conservation Plans, in which Tribes and 

individuals are not required to 

participate unless they volunteer to do 

so. Therefore, these regulations may 

have effects on Tribal resources and 

Native American Tribes, but solely at 

their discretion, should those Tribes or 

individuals choose to participate in the 

voluntary program.

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation.

Final Regulation Promulgation

■ For the reasons set out in the preamble, 

the Service amends Title 50, Chapter I, 

subchapter B of the Code of Federal 

Regulations, as set forth below.

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 § 17.22 by adding a new 

paragraph (b)(8) to read as follows:

§ 17.22 Permits for scientific purposes, 

enhancement of propagation or survival, or 

for incidental taking.

* * * * *

(b) * * * 

(8) Criteria for revocation. A permit 

issued under paragraph (b) of this 

section may not be revoked for any 

reason except those set forth in 

§ 13.28(a)(1) through (4) of this 

subchapter or unless continuation of the 

permitted activity would be inconsistent 

with the criterion set forth in 16 U.S.C. 

1539(a)(2)(B)(iv) and the inconsistency 

has not been remedied.

* * * * *

■ 3. Amend § 17.32 by adding a new 

paragraph (b)(8) to read as follows:

§ 17.32 Permits—general.

* * * * *

(b) * * * 

(8) Criteria for revocation. A permit 

issued under paragraph (b) of this 

section may not be revoked for any 

reason except those set forth in 

§ 13.28(a)(1) through (4) of this 

subchapter or unless continuation of the 

permitted activity would be inconsistent 

with the criterion set forth in 16 U.S.C. 

1539(a)(2)(B)(iv) and the inconsistency 

has not been remedied.

* * * * *

Dated: November 23, 2004. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks.

[FR Doc. 04–27202 Filed 12–9–04; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 300

[Docket No. 040617186–4302; I.D. 120704A]

International Fisheries; Pacific Tuna 

Fisheries; Restrictions for 2004 Purse 

Seine and Longline Fisheries in the 

Eastern Tropical Pacific Ocean

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce.

ACTION: Fishing closure, restrictions.

SUMMARY: NMFS publishes this 

document to prevent overfishing of 

bigeye tuna in the eastern tropical 

Pacific Ocean (ETP), consistent with 

recommendations by the Inter-American 

Tropical Tuna Commission (IATTC) that 

have been approved by the Department 

of State (DOS) under the Tuna 

71732 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 

Conventions Act. NMFS hereby closes 

the U.S. longline fishery for bigeye tuna 

in the Convention Area for the 

remainder of 2004 because the bigeye 

tuna catch in the Convention Area has 

reached the reported level of catch made 

in 2001. This action is intended to limit 

fishing mortality on bigeye tuna stock 

caused by longline fishing in the 

Convention Area and contribute to the 

long-term conservation of bigeye tuna 

stock at levels that support healthy 

fisheries.

DATES: Effective from December 13, 

2004 through the end of the 2004 fishing 

season, unless NMFS publishes a 

superceding document in the Federal 

Register.

ADDRESSES: Southwest Regional 

Administrator, Southwest Region, 

NMFS, 501 W. Ocean Blvd., Suite 4200, 

Long Beach, CA 90902–4213.

This Federal Register document is 

also accessible via the Internet at the 

Office of the Federal Register’s website 

at http://www.gpoaccess.gov/.

FOR FURTHER INFORMATION CONTACT: J. 

Allison Routt, Sustainable Fisheries 

Division, Southwest Region, NMFS, 

(562) 980–4030.

SUPPLEMENTARY INFORMATION: The 

United States is a member of the IATTC, 

which was established under the 

Convention for the Establishment of an 

Inter-American Tropical Tuna 

Commission signed in 1949 

(Convention). The IATTC was 

established to provide an international 

arrangement to ensure the effective 

international conservation and 

management of highly migratory species 

of fish in the Convention Area. The 

Convention Area is defined to include 

the waters of the ETP bounded by the 

coast of the Americas, the 40° N. and 

40° S. parallels, and the 150° W. 

meridian. The IATTC has maintained a 

scientific research and fishery 

monitoring program for many years and 

annually assesses the status of stocks of 

tuna and the fisheries to determine 

appropriate harvest limits or other 

measures to prevent overexploitation of 

tuna stocks and promote viable 

fisheries. Under the Tuna Conventions 

Act, 16 U.S.C. 951–962, NMFS must 

publish regulations to carry out IATTC 

recommendations and resolutions that 

have been approved by DOS. A 

proposed rule and request for comments 

was published in the Federal Register

(69 FR 122) on June 25, 2004, and a final 

rule was published on November 12, 

2004 (69 FR 65382). The Southwest 

Regional Administrator also is required 

by regulations at 50 CFR 300.29(b)(3) to 

issue a direct notice to the owners or 

agents of U.S. vessels that operate in the 

ETP of actions recommended by the 

IATTC and approved by the DOS. 

Notices to the fleet were issued in 

October 2003, May 2004, and again in 

October 2004 regarding these actions.

The November 12, 2004, final rule 

provides that the U.S. longline fishery 

for bigeye tuna in the Convention Area 

will close for the remainder of calendar 

year 2004 if the catch of bigeye tuna by 

U.S. longline vessels in the Convention 

Area reaches 150 mt, which is the 

amount estimated to have been caught 

by the U.S. longline fishery in the 

Convention Area in 2001. Specifically, 

once the fishery is closed upon reaching 

the 2001 catch level, no bigeye tuna may 

be caught and retained by U.S. longline 

vessels in the Convention Area during 

the remainder of calendar year 2004.

NMFS has determined that the 150 mt 

catch level has been reached and hereby 

closes the U.S. longline fishery for 

bigeye tuna in the Convention Area for 

the remainder of the year 2004. It is 

therefore prohibited for a U.S. longline 

vessel to catch and retain bigeye tuna in 

the Convention Area from the effective 

date of this action through December 31, 

2004.

Authority: 16 U.S.C. 951–962.

Dated: December 7, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–27177 Filed 12–9–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 635

[I.D. 120704C]

Atlantic Highly Migratory Species; 

Bluefin Tuna Fisheries

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Quota transfer; fishery 

reopening; catch limit adjustment.

SUMMARY: NMFS has determined that 

Atlantic bluefin tuna (BFT) quota 

transfers from the Atlantic tunas 

General, Harpoon, and Incidental 

Longline categories to the Angling and 

Reserve categories, are warranted. In 

addition, NMFS is reopening the 

coastwide General category BFT fishery 

and reopening the Angling category BFT 

fishery. Finally, NMFS prohibits 

retention of school BFT less than 47 

inches (119 cm) in the recreational 

fishery for the remainder of the fishing 

year. These actions are being taken to 

ensure that U.S. BFT harvest is 

consistent with recommendations of the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT), 

pursuant to the Atlantic Tunas 

Convention Act (ATCA), and to meet 

domestic management objectives under 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and the Fishery 

Management Plan for Atlantic Tunas, 

Swordfish and Sharks (HMS FMP).

DATES: The effective date of the BFT 

quota transfers and recreational catch 

limit adjustment is December 7, 2004 

through May 31, 2005. The effective 

dates for the reopening of the General 

and Angling categories, as specified in 

this rule, are provided in Table 1 under 

SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Brad 

McHale at (978) 281–9260.

SUPPLEMENTARY INFORMATION:

Regulations implemented under the 

authority of the ATCA (16 U.S.C. 971 et 

seq.) and the Magnuson-Stevens Act (16 

U.S.C. 1801 et seq.) governing the 

harvest of BFT by persons and vessels 

subject to U.S. jurisdiction are found at 

50 CFR part 635. Section 635.27 

subdivides the U.S. BFT quota 

recommended by ICCAT among the 

various domestic fishing categories, and 

together with General category effort 

controls are specified annually under 

procedures specified at 50 CFR 

635.23(a) and 635.27(a). The proposed 

initial 2004 BFT Quota and General 

category effort controls were filed with 

the Office of the Federal Register on 

December 7, 2004.

Quota Transfer

Under the implementing regulations 

at 50 CFR 635.27(a)(8), NMFS has the 

authority to transfer quotas among 

categories, or, as appropriate, 

subcategories, of the fishery, after 

considering the following factors: (1) 

The usefulness of information obtained 

from catches in the particular category 

for biological sampling and monitoring 

of the status of the stock; (2) the catches 

of the particular category quota to date 

and the likelihood of closure of that 

segment of the fishery if no allocation is 

made; (3) the projected ability of the 

vessels fishing under the particular 

category quota to harvest the additional 

amount of BFT before the end of the 

fishing year; (4) the estimated amounts 

by which quotas established for other 

gear segments of the fishery might be 

exceeded; (5) the effects of the transfer