53970 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

Comment 2: The other commenter 

indicated general concern about 

overfishing and opposition to the use of 

quota transfers in any fishery. 

Response: As discussed above, this 

action is purely administrative in 

nature, and is taken solely to facilitate 

the consideration and processing of 

state quota transfer requests to address 

unpredictable late-season events in 

these fisheries. Any quota transfer 

would continue to be valid only for the 

calendar year (and fishing year) for 

which the request is made. Thus, there 

would be no impacts on the resource or 

mortality objectives of the FMPs. This 

action would not make any substantive 

change in the state commercial quota 

transfer request or approval process for 

these fisheries. 

Classification 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. No comments were received 

regarding this certification. As a result, 

a regulatory flexibility analysis was not 

prepared. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

James W. Balsiger, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons stated in the preamble, 

50 CFR part 648 is amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.100, revise paragraph (d)(4) 

to read as follows: 

§ 648.100 Catch quotas and other 

restrictions. 

* * * * * 

(d) * * * 

(4) The transfer of quota or the 

combination of quotas will be valid only 

for the calendar year for which the 

request was made. 

* * * * * 

■ 3. In § 648.160, revise paragraph (f)(2) 

to read as follows: 

§ 648.160 Catch quotas and other 

restrictions. 

* * * * * 

(f) * * * 

(2) The transfer of quota or the 

combination of quotas will be valid only 

for the calendar year for which the 

request was made. 

* * * * * 

[FR Doc. 05–18088 Filed 9–12–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126333-5040-02 ; I.D. 

090705D] 

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; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for species that comprise the 

deep-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA) for 48 hours. This action is 

necessary to allow the deep-water 

species fisheries by vessels using trawl 

gear in the GOA to resume. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 8, 2005, through 

1200 hrs, A.l.t., September 10, 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. 

NMFS closed directed fishing for 

species that comprise the deep-water 

species fishery by vessels using trawl 

gear in the GOA under § 679.21(d)(7)(i) 

on September 4, 2005 (70 FR 52326, 

September 2, 2005). 

NMFS has determined that 

approximately 50 mt of halibut remain 

in the fourth seasonal apportionments of 

the 2005 Pacific halibut bycatch 

allowance specified for the deep-water 

species fishery in the GOA. Therefore, 

in accordance with § § 679.25(a)(2)(i)(C) 

and (a)(2)(iii)(D), and to allow the deepwater species fisheries by vessels using 

trawl gear in the GOA to resume, NMFS 

is terminating the previous closure and 

is reopening directed fishing for species 

that comprise the deep-water species 

fishery by vessels using trawl gear in the 

GOA. 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 deepwater species fishery in the GOA will be 

reached after 48 hours. Consequently, 

NMFS is prohibiting directed fishing for 

the deep-water species fishery by 

vessels using trawl gear in the GOA after 

48 hours. Therefore the reopening is 

effective 1200 hrs, Alaska local time 

(A.l.t.), September 8, 2005, through 1200 

hrs, A.l.t., September 10, 2005. 

The species and species groups that 

comprise the deep-water species fishery 

are all rockfish of the genera Sebastes 

and Sebastolobus, deep-water flatfish, 

rex sole, arrowtooth flounder, and 

sablefish. 

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 

unduly delay the opening of the fishery. 

NMFS was unable to publish an action 

providing time for public comment 

because the most recent, relevant data 

only became available as of August 7, 

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. 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 53971 

Dated: September 7, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–18079 Filed 9–8–05; 12:18 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. 

090605F] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA) for 48 

hours. This action is necessary to fully 

use the C season allowance of the 2005 

total allowable catch (TAC) of pollock 

specified for Statistical Area 630. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 8, 2005, through 

1200 hrs, A.l.t., September 10, 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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 630 of the 

GOA under § 679.20(d)(1)(iii) on August 

27, 2005 (70 FR 51300, August 30, 

2005). 

NMFS has determined that 

approximately 3,677 mt of pollock 

remain in the directed fishing 

allowance. Therefore, in accordance 

with 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2005 TAC of 

pollock in Statistical area 630, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 630 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 48 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 630 of the 

GOA effective 1200 hrs, A.l.t., 

September 10, 2005. 

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 opening of pollock in 

Statistical Area 630 of the GOA. NMFS 

was unable to publish an action 

providing time for public comment 

because the most recent, relevant data 

only became available as of September 

6, 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 50 CFR 

679.20 and 679.25 and is exempt from 

review under Executive Order 12866. 

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

Dated: September 7, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–18078 Filed 9–8–05; 12:18 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. 

090605E] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 620 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

620 of the Gulf of Alaska (GOA) for 96 

hours. This action is necessary to fully 

use the C season allowance of the 2005 

total allowable catch (TAC) of pollock 

specified for Statistical Area 620. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 8, 2005, through 

1200 hrs, A.l.t., September 12, 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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 620 of the 

GOA under § 679.20(d)(1)(iii) on August 

29, 2005 (70 FR 51300, August 30, 

2005). 

NMFS has determined that, 

approximately 3,039 mt of pollock 

remain in the directed fishing 

allowance. Therefore, in accordance 

with 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2005 TAC of 

pollock in Statistical area 620, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 620 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 96 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 620 of the 

GOA effective 1200 hrs, A.l.t., 

September 12, 2005. 

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