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 

52326 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of the shallow-water 

species fishery by vessels using trawl 

gear in the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 26, 2005. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.21 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 29, 2005. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–17549 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. 

082905B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish in 

the Central Regulatory Area of 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 northern rockfish in the 

Central Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2005 total 

allowable catch (TAC) of northern 

rockfish in the Central Regulatory Area 

of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 30, through 2400 

hrs, A.l.t., December 31, 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 2005 TAC of northern rockfish in 

the Central Regulatory Area of the GOA 

is 4,283 metric tons (mt) as established 

by the 2005 and 2006 harvest 

specifications for groundfish of the GOA 

(70 FR 8958, February 24, 2005). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2005 TAC of 

northern rockfish in the Central 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 4,000 mt, and is 

setting aside the remaining 283 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for northern rockfish in 

the Central Regulatory Area of the GOA. 

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 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of northern rockfish in 

the Central Regulatory Area of the GOA. 

The AA also finds good cause to 

waive the 30 day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 29, 2005. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–17551 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. 

082905C] 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Deep-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 

deep-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 deep-water 

species fishery in the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 4, 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 deep-water 

species fishery in the GOA is the