53146 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 

defined in the Magnuson-Stevens Act 

(§ 303(e)(4)). As anticipated in the 

rebuilding plan, implementation 

includes periodic adjustments based on 

new scientific information. The 2005 

red snapper stock assessment indicates 

the level of reduction necessary to 

eliminate overfishing is dependent on 

the objectives and rebuilding scenario 

selected. The Council will need to 

evaluate those factors carefully prior to 

taking action to implement appropriate 

reductions to end overfishing and 

rebuild the stock. 

Finally, emergency and interim 

regulations are not appropriate for 

addressing such actions as changes to 

BRDs, because these changes would 

require substantial time for gear 

development, manufacturing, and 

training and distribution for re-outfitting 

of shrimp nets. Emergency and interim 

measures can only be implemented for 

180 days and can be extended for an 

additional 180 days if necessary 

conditions are met. It is likely that such 

measures would result in a regulatory 

lapse before longer-term measures could 

be implemented. 

NMFS believes additional 

management measures to achieve 

reductions in bycatch mortality should 

take into account the results of the most 

recent red snapper stock assessment and 

would best be addressed through 

Council regulatory amendment and 

development of a plan amendment. The 

Council directed staff during their 

August 2005 Council meeting to begin 

immediately working on a regulatory 

amendment to modify certification 

procedures and protocols for BRDs, 

including decertification of ineffective 

BRDs and certification of new BRDs 

capable of achieving necessary 

reductions in finfish bycatch. This 

regulatory amendment is expected to be 

completed in mid–2006. The Council 

also directed staff to begin developing a 

joint reef fish and shrimp plan 

amendment that revises the red snapper 

rebuilding plan and addresses bycatch 

in both the directed red snapper fishery 

and shrimp fishery. This plan 

amendment is expected to be completed 

by late–2006. By addressing bycatch 

mortality, management measures, and 

the red snapper rebuilding plan in this 

way, the public will be afforded more 

opportunities to comment and 

participate in the rulemaking process, 

and long-term measures to address the 

issues can be implemented. 

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

Dated: August 31, 2005. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–17713 Filed 9–6–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[I.D. 051603C] 

RIN 0648–AQ65 

Atlantic Highly Migratory Species; 

Amendments to the Fishery 

Management Plan (FMP) for Atlantic 

Tunas, Swordfish, and Sharks and the 

FMP for Atlantic Billfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Cancelling and changing the 

location and time of certain public 

hearings. 

SUMMARY: Due to the damage caused by 

Hurricane Katrina, NMFS is cancelling 

two public hearings on the draft 

consolidated Highly Migratory Species 

(HMS) Fishery Management Plan (FMP) 

and proposed rule that were scheduled 

for September 6 and September 8, 2005, 

in Orange Beach, AL, and New Orleans, 

LA, respectively. NMFS intends to 

reschedule the September 6 Orange 

Beach and September 8 New Orleans 

public hearings at a later date. In 

addition, NMFS has changed the 

location and time of the public hearing 

that was scheduled to be held in Fort 

Lauderdale, FL, on October 3, 2005, at 

the African American Arts and Cultural 

Center Research Library. The draft 

consolidated HMS FMP and the 

proposed rule describe a range of 

management measures that could 

impact fishermen and dealers for all 

HMS fisheries. 

DATES: The Fort Lauderdale public 

hearing will still be held on Monday, 

October 3, 2005. However, the new time 

will be from 7 - 10 p.m. The hearings 

scheduled for September 6 and 

September 8, 2005, in Orange Beach, 

AL, and New Orleans, LA, have been 

cancelled and will be rescheduled at a 

later date. 

ADDRESSES: The new location of the Fort 

Lauderdale public hearing will be the 

Broward County Main Library, 100 

South Andrews Avenue, Fort 

Lauderdale, FL 33301. 

FOR FURTHER INFORMATION CONTACT: 

Heather Stirratt or Karyl Brewster-Geisz 

at (301) 713–2347. 

SUPPLEMENTARY INFORMATION: The 

Atlantic HMS fisheries are managed 

under the dual authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and the 

Atlantic Tunas Convention Act (ATCA). 

The FMP for Atlantic Tunas, Swordfish, 

and Sharks, finalized in 1999, and the 

FMP for Atlantic Billfish, finalized in 

1988, are implemented by regulations at 

50 CFR part 635. 

On August 19, 2005 (70 FR 48804), 

NMFS published a proposed rule that, 

among other things, announced the 

availability of the draft consolidated 

HMS FMP. Included in this proposed 

rule was a list of 24 public hearings 

throughout September and October 

2005. These hearings are scheduled for 

NMFS to receive comments from fishery 

participants and other members of the 

public regarding the proposed rule and 

draft HMS FMP. Due to the damage 

caused by Hurricane Katrina, NMFS is 

cancelling two public hearings that were 

scheduled for September 6 and 

September 8, 2005, in Orange Beach, 

AL, and New Orleans, LA, respectively. 

NMFS intends to reschedule the public 

hearings once the amount of damaged 

caused by Hurricane Katrina in the 

affected Gulf region has been assessed 

and the appropriate locations can be 

determined. NMFS may extend the 

comment period, if necessary, to ensure 

adequate opportunities for public 

comment by constituents in the affected 

Gulf region. Notification of the new 

dates and locations would be published 

in the Federal Register. 

In addition, NMFS has changed the 

location and time of the public hearing 

that was scheduled to be held in Fort 

Lauderdale, FL, on October 3, 2005, at 

the African American Arts and Cultural 

Center Research Library (see DATES and 

ADDRESSES). This change was due to 

concerns raised by a constituent 

regarding public safety. NMFS verified 

these concerns with local law 

enforcement. The schedule for the other 

public hearings remains unchanged. 

The public is reminded that NMFS 

expects participants at the public 

hearings to conduct themselves 

appropriately. At the beginning of each 

public hearing, a NMFS representative 

will explain the ground rules (e.g., 

alcohol is prohibited from the hearing 

room; attendees will be called to give 

their comments in the order in which 

they registered to speak; each attendee 

will have an equal amount of time to 

speak; and attendees should not 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 53147 

interrupt one another). The NMFS 

representative will attempt to structure 

the hearing so that all attending 

members of the public will be able to 

comment, if they so choose, regardless 

of the controversial nature of the 

subject(s). Attendees are expected to 

respect the ground rules, and, if they do 

not, they will be asked to leave the 

hearing. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Heather Stirratt, 

(301) 713–2347, at least 7 days prior to 

the hearing in question. 

Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 

et seq. 

Dated: September 1, 2005. 

John H. Dunnigan, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 05–17749 Filed 9–1–05; 4:03 pm] 

BILLING CODE 3510–22–S