52324 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as follows: 

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 § 17.11(h) as follows: 

■ a. By removing the entries for 

‘‘Gazelle, Mhorr’’ and ‘‘Gazelle, Rio de 

Oro Dama’’ under MAMMALS in the 

List of Endangered and Threatened 

Wildlife; and 

■ b.By adding entries for ‘‘Addax,’’

‘‘Gazelle, dama,’’ and ‘‘Oryx, scimitarhorned,’’ in alphabetical order under 

MAMMALS, to the List of Endangered 

and Threatened Wildlife as set forth 

below. 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Species 

Historic range 

Vertebrate population where endangered or threatened 

Status When listed Critical 

habitat 

Special 

rules Common name Scientific name 

MAMMALS

Addax ....................... Addax 

nasomaculatus.

North Africa ............ Entire ...................... E NA NA 

* * * * * * * 

Gazelle, dama ......... Gazella dama ......... North Africa ............ Entire ...................... E 3 NA NA 

* * * * * * * 

Oryx, scimitarhorned.Oryx dammah ......... North Africa ............ Entire ...................... E NA NA 

* * * * * * * 

Dated: August 19, 2005. 

Marshall P. Jones, Jr., 

Director, Fish and Wildlife Service. 

[FR Doc. 05–17431 Filed 9–1–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 050719189–5231–02; I.D. 

081105E] 

RIN 0648–AT33 

International Fisheries; Pacific Tuna 

Fisheries; Restrictions for 2005 

Longline Fisheries in the Eastern 

Tropical Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Temporary rule; emergency 

action. 

SUMMARY: This emergency action, 

implemented under the regulations for 

the Pacific Tuna Fisheries, will prevent 

overfishing of bigeye tuna in the eastern 

tropical Pacific Ocean (ETP), consistent 

with recommendations by the InterAmerican Tropical Tuna Commission 

(IATTC) that have been approved by the 

Department of State (DOS) under the 

Tuna Conventions Act. NMFS hereby 

closes the U.S. longline fishery directed 

at bigeye tuna in the Convention Area 

for the remainder of 2005 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 August 30, 2005 

through December 31, 2005. 

ADDRESSES: Southwest Regional 

Administrator, Southwest Region, 

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

Long Beach, CA 90902–4213. 

FOR FURTHER INFORMATION CONTACT: J. 

Allison Routt, Sustainable Fisheries 

Division, Southwest Region, NMFS, 

(562) 980–4030. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

also accessible via the Internet at the 

Office of the Federal Register’s website 

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

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 for this purpose 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–

961 and 972 et seq., NMFS must publish 

regulations to carry out IATTC 

recommendations and resolutions that 

have been approved by DOS. The 

Southwest Regional Administrator also 

is also required by regulations at 50 CFR 

300.299(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. A notice to the 

fleet was sent May 31, 2005, advising 

the U.S. bigeye tuna longline fleet of 

anticipated actions for the 2005 fishing 

year. 

The IATTC recommended, and the 

DOS approved, a measure whereby the 

U.S. longline fishery for bigeye tuna in 

the Convention Area wouldill close for 

the remainder of calendar year 2005 if 

the catch of bigeye tuna by U.S. longline 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52325 

vessels in the Convention Area reaches 

150 mt (the amount estimated to have 

been caught by the U.S. longline fishery 

in the Convention Area in 2001). The 

measure recommended by the IATTC 

and approved by DOS states that, no 

bigeye tuna may be caught and retained 

by U.S. longline bigeye tuna vessels in 

the Convention Area during the 

remainder of the calendar year 2005 

once the fishery is closed upon reaching 

the 2001 catch level. NMFS 

promulgated a proposed rule to effect 

this recommendation on August 15, 

2005 (70 FR 47774–47776). 

NMFS has determined that the 150 mt 

catch level has been reached for the 

2005 season and hereby closes the U.S. 

longline fishery for bigeye tuna in the 

Convention Area for the remainder of 

the year 2005. It is therefore prohibited 

for a U.S. longline bigeye tuna vessel to 

retain bigeye tuna in the Convention 

Area from the effective date of this 

action through December 31, 2005. 

Longline vessels are not subject to this 

rule if they declare to NMFS under the 

Western Pacific Pelagics FMP that they 

intend to shallow-set to target 

swordfish. 

Classification 

This action is consistent with the 

Tuna Conventions Act 16, U.S.C. 951–

961 and 971 et seq. This action is 

consistent under the regulations for the 

Pacific Tuna Fisheries found at 50 CFR 

300.29. 

For the reasons set forth below, the 

Assistant Administrator for Fisheries 

(AA) finds good cause under 5 U.S.C. 

553(b)(B) to waive notice and comment 

for this rule, which closes the U.S. 

bigeye tuna longline fishery in the 

IATTC Convention Area for the 

remainder of the 2005 season. Similarly, 

the AA finds good cause to waive the 

30–day delay in effective date for this 

rule under 5 U.S.C. 553(d)(3). 

It is impracticable and contrary to the 

public interest to provide for notice and 

an opportunity for public comment 

because the U.S. quota for bigeye tuna 

in the ETP longline fishery has already 

been reached, much earlier this year 

than in the preceding year. In 2004, U.S. 

vessels using longline gear in the ETP 

did not attain the 2001 catch limit until 

September. This year, however, in July 

of 2005, U.S. longline vessels in the ETP 

were estimated to have harvested over 

150 metric tons of bigeye tuna. The 

estimated catch to date is approximately 

241 metric tons, significantly overquota. Accommodating notice and 

comment and delaying the effective date 

for this rule would result in continued 

harvest of bigeye tuna by the longline 

fleet over the 2001 catch level. 

Failure to effectuate the closure 

immediately, when estimates indicate 

that the fishery is already significantly 

over-quota, could also cause potentially 

serious harm to the ETP bigeye tuna 

stock. In 2003, 2004, and 2005, IATTC 

stock assessment scientists concluded 

that the bigeye tuna stock is at a level 

below that which would produce the 

average maximum sustainable yield. 

Furthermore, NMFS has determined 

that bigeye tuna in the Pacific are 

subject to overfishing, using the 

standards for ‘‘overfishing’’ in the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq. 

Furthermore, the rule must be made 

effective immediately to meet U.S. 

obligations under the Convention 

between the United States of America 

and the Republic of Costa Rica for the 

Establishment of an Inter-American 

Tropical Tuna Commission, as well as 

U.S. obligations to manage tuna stocks 

in a sustainable manner under the Tuna 

Conventions Act of 1950, 16 U.S.C. 951–

961 and 971 et seq. Therefore, notice 

and an opportunity for comment, and 

delayed effectiveness of the closure, are 

not practicable and are contrary to the 

public interest. 

This emergency rule is exempt from 

the procedures of the Regulatory 

Flexibility Act because the rule is issued 

without opportunity for prior notice and 

opportunity for public comment. 

This emergency rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Authority: 16 U.S.C. 951–961 and 971 et 

seq. 

Dated: August 30, 2005. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

[FR Doc. 05–17550 Filed 8–30–05; 2:40 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126333–5040–02; I.D. 

082905D] 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Shallow-Water 

Species Fishery by Vessels Using 

Trawl Gear in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

shallow-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the fourth seasonal apportionment of 

the 2005 Pacific halibut bycatch 

allowance specified for the shallowwater species fishery in the GOA has 

been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 4, 2005, through 

1200 hrs, A.l.t., September 30, 2005. 

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 fourth seasonal apportionment of 

the 2005 Pacific halibut bycatch 

allowance specified for the shallowwater species fishery in the GOA is 150 

metric tons as established by the 2005 

and 2006 harvest specifications for 

groundfish of the GOA (70 FR 8958, 

February 24, 2005), for the period 1200 

hrs, A.l.t., September 1, 2005, through 

1200 hrs, A.l.t., September 30, 2005. 

In accordance with § 679.21(d)(7)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the fourth 

seasonal apportionment of the 2005 

Pacific halibut bycatch allowance 

specified for the trawl shallow-water 

species fishery in the GOA has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for the 

shallow-water species fishery by vessels 

using trawl gear in the GOA. The 

species and species groups that 

comprise the shallow-water species 

fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka 

mackerel, skates, and ‘‘other species.’’

This closure does not apply to fishing 

for pollock by vessels using pelagic 

trawl gear in those portions of the GOA 

open to directed fishing for pollock. 

After the effective date of this closure 

the maximum retainable amounts at 

§§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained