51682 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

blood glucose meters; blood glucose 

meter test strips; insulin pumps; and 

insulin pump supplies. 

Insulin in any form or dispenser must 

be properly marked with a 

professionally printed label identifying 

the medication or manufacturer’s name 

or pharmaceutical label. 

(6) Eyeglass repair tools, including 

screwdrivers. 

(7) Eyelash curlers. 

(8) Knives, round-bladed butter or 

plastic. 

(9) [Reserved] 

(10) Matches (maximum of four 

books, strike on cover, book type). 

(11) Nail clippers. 

(12) Nail files. 

(13) Nitroglycerine pills or spray for 

medical use, if properly marked with a 

professionally printed label identifying 

the medication or manufacturer’s name 

or pharmaceutical label. 

(14) Personal care or toiletries with 

aerosols, in limited quantities. 

(15) Prosthetic device tools and 

appliances (including drill, Allen 

wrenches, pullsleeves) used to put on or 

remove prosthetic devices, if carried by 

the individual with the prosthetic 

device or his or her companion. 

(16) Safety razors (including 

disposable razors). 

(17) Scissors, plastic or metal with 

blunt tips; and ostomy scissors with 

pointed tips with an overall length, 

including blades and handle, of four 

inches or less, when accompanied by an 

ostomate supply kit containing related 

supplies, such as collection pouches, 

wafers, positioning plates, tubing, or 

adhesives. 

(18) Tweezers. 

(19) Umbrellas (once inspected to 

ensure prohibited items are not 

concealed). 

(20) Walking canes (once inspected to 

ensure prohibited items are not 

concealed). 

B. Toys, Hobby Items, and Other 

Items Posing Little Risk. 

(1) Knitting and crochet needles. 

(2) Toy Transformer(R) robots and the 

like. 

(3) Toy weapons (if not realistic 

replicas). 

III. Items Prohibited in Sterile and 

Cabin Areas, but that May Be Placed in 

Checked Baggage. Passengers may place 

prohibited items other than explosives, 

incendiaries, disabling chemicals and 

other dangerous items (other than 

individual self-defense sprays as noted 

below), and loaded firearms in their 

checked baggage, subject to any 

limitations provided in DOT’s 

hazardous materials regulation. 49 CFR 

part 175. 

A. Pepper spray or mace. A passenger 

may have one self-defense spray, not 

exceeding 4 fluid ounces by volume that 

incorporates a positive means to prevent 

accidental discharge. See 49 CFR 

175.10(a)(4)(ii). 

B. Small arms ammunition. A 

passenger may place small arms 

ammunition for personal use in checked 

baggage, but only if securely packed in 

fiber, wood or metal boxes, or other 

packaging specifically designed to carry 

small amounts of ammunition. 49 CFR 

175.10(a)(5). 

C. Unloaded firearms. A passenger 

may place an unloaded firearm or starter 

pistol in a checked bag if the passenger 

declares to the airline operator, either 

orally or in writing, before checking the 

baggage, that the passenger has a firearm 

in his or her bag and that it is unloaded; 

the firearm is carried in a hard-sided 

container; and the container is locked, 

and only the passenger has the key or 

combination. 49 CFR 1540.111(c). 

D. Club-like items. A passenger also 

may transport club-like objects and 

sharp objects in checked baggage, as 

long as they do not contain explosives 

or incendiaries. 

E. [Reserved.] 

IV. Lists are not Exclusive. Neither the 

prohibited items list nor the permitted 

items list contains all possible items. A 

screener has discretion to prohibit an 

individual from carrying an item into a 

sterile area or onboard an aircraft if the 

screener determines that the item is a 

weapon, explosive, or incendiary, 

regardless of whether the item is on the 

prohibited items list or the permitted 

items list. For example, if a cigar cutter 

or other article on the permitted list 

appears unusually dangerous, the 

screener may refuse to allow it in sterile 

areas. Similarly, screeners may allow 

individuals to bring items into the 

sterile area that are not on the permitted 

items list. In addition, items may be 

prohibited from the cabin of an aircraft, 

or allowed in only limited quantities, by 

Department of Transportation 

regulations governing hazardous 

materials. Individuals with questions 

about the carriage of hazardous 

materials on passenger aircraft may call 

the Hazardous Materials Information 

Center at 1–800–467–4922 for more 

information. 

Issued in Arlington, Virginia, August 26, 

2005. 

Kip Hawley, 

Assistant Secretary. 

[FR Doc. 05–17392 Filed 8–29–05; 8:47 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 050816224–5224–01; I.D. 

081005A] 

RIN 0648–AT69 

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Pacific Whiting; 

Fishery Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; request for 

comments. 

SUMMARY: This emergency rule, 

implemented under the authority of the 

Pacific Coast groundfish fishery 

management plan (FMP), establishes a 

salmon conservation zone for the 

primary Pacific whiting (whiting) 

fishery, shoreward of a boundary line 

approximating the 100–fm (183–m) 

depth contour. Under this rule, fishing 

for Pacific whiting within the salmon 

conservation zone is prohibited. 

DATES: Effective August 26, 2005, until 

February 27, 2006. Comments must be 

received no later than 5 p.m., local time 

on September 26, 2005. 

ADDRESSES: You may submit comments, 

identified by I.D. 081105A by any of the 

following methods: 

• E-mail: 

2005hakesalmon.nwr@noaa.gov: 

Include 081105A in the subject line of 

the message. 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 206–526–6736, Attn: Becky 

Renko 

• Mail: D. Robert Lohn, 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070, Attn: Becky 

Renko. 

Copies of the Final Environmental 

Impact Statement (FEIS) for the harvest 

specifications and management 

measures for the 2005–2006 groundfish 

fisheries are available from Donald 

McIsaac, Executive Director, Pacific 

Fishery Management Council (Council), 

7700 NE Ambassador Place, Portland, 

OR 97220, phone: 503–820–2280. 

Copies of the Record of Decision, final 

regulatory flexibility analysis (FRFA), 

and the Small Entity Compliance Guide 

for the groundfish harvest specifications 

for 2005–2006 are available from D. 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51683 

Robert Lohn, Administrator, Northwest 

Region (Regional Administrator), NMFS, 

7600 Sand Point Way, NE, Seattle, WA 

98115–0070. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko (Northwest Region, 

NMFS), phone: 206–526–6110; fax: 206–

526–6736; and; email: 

becky.renko@noaa.gov, or Yvonne 

deReynier, phone: 206–526–6129; fax: 

206–526–6736; and; e-mail: 

yvonne.dereynier@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This emergency rule is accessible via 

the Internet at the Office of the Federal 

Register’s website at 

www.gpoaccess.gov/fr/index.html. 

Background information and documents 

are available at the NMFS Northwest 

Region website at www.nwr.noaa.gov/ 

1sustfsh/gdfsh01.htm. 

Pacific Whiting Fishery 

Pacific whiting (Merluccius 

productus) is a very productive species 

with highly variable recruitment (the 

biomass of fish that mature and enter 

the fishery each year) and a relatively 

short life span when compared to other 

groundfish species. Whiting has the 

largest (by volume) annual allowable 

harvest levels of the 90+ groundfish 

species managed under the FMP. The 

coastwide whiting stock is managed by 

both the United States and Canada, and 

mature whiting are commonly available 

to vessels operating in U.S. waters from 

April through October. Background on 

the stock assessment for and the 

establishment of the 2005 acceptable 

biological catch (ABC) and optimum 

yield (OY) for Pacific whiting is 

provided in the final rule for the 2005 

whiting harvest specifications, 

published May 3, 2005 (70 FR 22808). 

Whiting is taken by vessels using midwater trawl gear in four commercial 

sectors: tribal trawl vessels (Makah 

Tribe); non-tribal trawl catcher boats 

delivering whiting to shore-based 

processing plants; non-tribal trawl 

catcher boats delivering whiting to 

motherships at sea; and, non-tribal 

catcher-processors. For 2005, using the 

sliding scale allocation method 

described in the final rule on the 2005 

whiting harvest specifications, the tribal 

whiting allocation is 35,000 mt. The 

2005 non-tribal commercial OY for 

whiting is 232,069 mt. This is calculated 

by deducting the 35,000–mt tribal 

allocation and 2,000 mt for research 

catch and bycatch in non-groundfish 

fisheries from the 269,069 mt total catch 

OY. Regulations at 50 CFR 

660.323(a)(24) divide the commercial 

OY into separate allocations for the nontribal catcher/processor, mothership, 

and shore-based sectors of the whiting 

fishery. Each sector receives a portion of 

the commercial OY, with the catcher/ 

processors getting 34 percent (78,903 mt 

in 2005), motherships getting 24 percent 

(55,696 mt in 2005), and the shore-based 

sector getting 42 percent (97,469 mt in 

2005). 

The best available information as of 

August 11, 2005, indicates that the 

following amounts of whiting have been 

taken by the four whiting sectors 

participating in the 2005 primary 

whiting season: tribal, 28,325 mt (80.9 

percent of allocation); non-tribal shorebased, 70,176 mt (71.9 percent of 

allocation); non-tribal mothership, 

37,659 mt (67.6 percent of allocation); 

non-tribal catcher/processor, 48,006 mt 

(60.8 percent of allocation). 

Salmon Bycatch in the 2005 Primary 

Whiting Season 

Primary seasons for the non-tribal 

whiting fishery are provided at 50 CFR 

660.373(b). In 2005, the primary seasons 

for the non-tribal whiting fishery started 

on the following dates: Catcher/ 

processor sector May 15; Mothership 

sector May 15; Shore-based sector June 

15; north of 42° N. lat., April 1 between 

42° and 40°30′ N. lat., and April 15 

south of 40°30′ N. lat. The tribal fishery, 

conducted by Makah Tribe members, 

began on May 1, 2005. The Makah 

Tribe’s U&A fishing area is located 

within the U.S. West Coast exclusive 

economic zone (EEZ) north of 48°02′15′′ 

N. lat. and east of 125°44′00′′ W. long. 

NMFS tracks catch levels of target and 

non-target species in the at-sea catcherprocessor and mothership sectors 

inseason. The agency also receives 

inseason catch and bycatch data from 

the states of Oregon, California, and 

Washington on the shore-based sector 

and from the Makah Tribe on its whiting 

fishery. NMFS is responsible for closing 

the non-tribal fishing sectors when it 

estimates the whiting allocations for 

these sectors will be met. 

Chinook bycatch in the non-tribal atsea and tribal whiting fisheries is 

closely monitored. As in previous years, 

most shore-based whiting vessels were 

issued exempted fishing permits (EFPs) 

for landing unsorted whiting during the 

primary season. EFPs allow vessels 

delivering to shore-based harvesters to 

delay sorting the catch until offload. 

Delaying sorting until offload allows 

state biologists and industry-hired 

monitors to collect information on the 

incidental catch of prohibited species at 

the processing facilities. Since 2004, all 

EFP participants have been required to 

carry video cameras for monitoring 

catch retention at sea. To provide total 

catch data monitoring in the at-sea 

processing sectors of the fishery, all atsea processing vessels carry two NMFStrained observers while participating in 

the fishery. Total catch data from the 

whiting fisheries is available more 

swiftly for use in management decisions 

than data from many other West Coast 

groundfish fisheries. 

ESA Consultation on the Whiting 

Fishery 

The incidental take statement 

prepared pursuant to the Endangered 

Species Act requires reinitiation of 

consultation if the fishery exceeds an 

11,000–Chinook salmon annual bycatch 

amount. In early July of the 2005 

fisheries, NMFS first saw data on higher 

than expected salmon bycatch rates. By 

the end of July, primary whiting season 

data indicated that the fishery would 

likely exceed a bycatch of 11,000 

salmon in 2005. The best available 

information as of August 11, 2005, 

indicates that the following numbers of 

Chinook salmon have been taken as 

bycatch in the whiting fishery by the 

four whiting sectors participating in the 

2005 primary whiting season: tribal, 

3,911 fish; non-tribal shore-based, 3,622 

fish; non-tribal mothership, 2,143 fish; 

non-tribal catcher/processor, 1,607 fish. 

Therefore, NMFS has reinitiated 

consultation on the effect of the primary 

whiting fishery on salmon ESUs listed 

as endangered or threatened, and is 

taking this emergency action to reduce 

the effect of the whiting fishery on 

salmon for the remainder of the 2005 

primary season. 

NMFS reviewed 2001–2004 salmon 

bycatch data from the primary whiting 

season to determine if there were a 

depth at which whiting fishery 

participants could catch whiting, yet 

have lower salmon bycatch rates. 

Fishery data from those years indicate 

that salmon bycatch rates in the AugustNovember period decline notably from 

the May-July bycatch rates and decrease 

for vessels fishing offshore of the 100- 

fm (183- m) depth contour. Therefore, 

NMFS is implementing an emergency 

rule that creates a salmon conservation 

zone for West Coast EEZ waters 

shoreward of a boundary line 

approximating the 100–fm (183–m) 

depth contour, wherein fishing for 

whiting is prohibited. Federal 

regulations at 50 CFR 660.393(a) 

provide latitude/longitude coordinates 

that define a boundary line at the 100–

fm (183–m) depth contour; this 

boundary line is used, as necessary, to 

define the boundaries of trawl or nontrawl Rockfish Conservation Areas for 

the non-whiting groundfish fisheries. 

51684 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

This same boundary line is used as the 

offshore boundary of the Ocean Salmon 

Conservation Zone established by this 

rule. 

Regulatory Changes put into Effect 

Through This Emergency Action 

Federal regulations at 50 CFR 

660.373(c) establish two closed areas for 

the Pacific whiting fishery that are 

intended to constrain the effects of the 

fishery on Klamath and Columbia River 

salmon. Additional salmon protection is 

provided at 50 CFR 660.373(d), which 

sets whiting trip limits for vessels 

operating shoreward of the 100–fm 

(183–m) depth contour in the Eureka 

management area (from 43°00′ to 40°30′ 

N. lat.) This emergency rule temporarily 

establishes a third salmon conservation 

zone for all West Coast waters 

shoreward of a boundary line 

approximating the 100–fm (183–m) 

depth contour. The latitude/longitude 

coordinates defining the boundary line 

that approximates the 100–fm (183–m) 

depth contour are provided at 

§ 660.393(a). 

Classification 

This emergency rule establishes a 

coastwide salmon conservation zone for 

the Pacific whiting fishery. It is issued 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act at section 305(c)(1) 

and is consistent with the regulations 

implementing the FMP at 50 CFR part 

660. 

The Assistant Administrator for 

Fisheries, NOAA (AA) finds good cause 

to waive the requirement to provide 

prior notice and comment on this action 

pursuant to 5 U.S.C. 553(b)(B)., because 

Pproviding prior notice and opportunity 

for public comment would be 

impracticable and contrary to the public 

interest for the following reasons. The 

information on which this action is 

based was not available to NMFS until 

July 2005 and the closed area 

implemented by this rule needs to be in 

place as soon as possible in August 2005 

in order to provide additional protection 

for ESA-listed endangered and 

threatened salmon during the remainder 

of the 2005 primary primary whiting 

season, as well as during the ESA 

consultation that is currently ongoing 

for these salmon. If the agency were to 

conductundergo a proposed and final 

rulemaking for this action, the rule 

would not likely be finalized until after 

the whiting fisheries had achieved their 

2005 whiting quotas. The bycatch of 

ESA-listed salmon could continue 

unabated during this time. Providing 

prior notice and comment would be 

impracticable because affording prior 

notice and opportunity for public 

comment would impede the agency’s 

mandated duty to manage fisheries to 

protect endangered and threatened 

salmon. 

For the reasons described above, 

pursuant to 5 U.S.C. 553(d)(3), the AA 

also finds good cause to waive the 30–

day delay in effectiveness, so that this 

rule may become effective as soon as 

possible to provide immediate 

protection for ESA-listed endangered 

and threatened salmon. 

This emergency rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

This action is within the scope of the 

October 2004 Environmental Impact 

Statement (EIS) prepared by the Council 

for the 2005–2006 Pacific Coast 

groundfish ABCs, OYS, and 

management measures. Copies of this 

EIS are available from the Pacific 

Council (See ADDRESSES.) 

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. 

The proposed and final rules to 

implement the 2005–2006 groundfish 

harvest specifications and management 

measures were developed after 

meaningful consultation and 

collaboration with tribal officials from 

the area covered by the FMP, per 

Executive Order 13175. Under the 

Magnuson-Stevens Act at 16 U.S.C. 

1852(b)(5), one of the voting members of 

the Pacific Council must be a 

representative of an Indian tribe with 

federally recognized fishing rights from 

the area of the Council’s jurisdiction. 

The tribal representative on the Council 

made a motion to adopt the 2005–2006 

tribal management measures, which was 

passed by the Council. Of the four 

groundfish treaty tribes, only the Makah 

Tribe conducts a whiting fishery. NMFS 

consulted with the Makah Tribe on 

salmon bycatch in their whiting fishery 

and on implementing a fishery closure 

shoreward of a boundary line 

approximating the 100–fm (183–m) 

depth contour. The Makah Tribe is 

implementing tribal fishery regulations 

to close the tribal whiting fishery 

shoreward of 100- fm (183- m) and is 

beginning testing a salmon bycatch 

excluder device that has been 

successfully used to exclude salmon 

bycatch in Alaska pollock fisheries. 

List of Subjects in 50 CFR Part 660 

Administrative practice and 

procedure, American Samoa, Fisheries, 

Fishing, Guam, Hawaiian Natives, 

Indians, Northern Mariana Islands, 

Reporting and recordkeeping 

requirements. 

Dated: August 26, 2005. 

James W. Balsiger, 

Acting Deputy, Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES AND IN THE 

WESTERN PACIFIC 

■ l. The authority citation for part 660 

continues to read as follows: 

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

■ 2. In § 660.373, paragraph (c)(3) is 

added to read as follows: 

§ 660.373 Pacific whiting (whiting) fishery 

management. 

* * * * * 

(c) * * * 

(3) Ocean Salmon Conservation Zone. 

All waters shoreward of a boundary line 

approximating the 100- fm (183- m) 

depth contour. Latitude and longitude 

coordinates defining the boundary line 

approximating the 100–fm (183–m) 

depth contour are provided at 

§ 660.393(a). This closure supplements 

the closures provided in this section at 

paragraphs (c)(1) and (c)(2). 

* * * * * 

[FR Doc. 05–17342 Filed 8–26–05; 2:26 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

082505A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pollock in the Bering Sea Subarea 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating 

projected unused amounts of Bering Sea 

subarea (BS) pollock from the incidental 

catch allowance to the directed 

fisheries. This action is necessary to 

allow the 2005 total allowable catch 

(TAC) of pollock to be harvested. 

DATES: Effective August 26, 2005, until 

2400 hrs, A.l.t., December 31, 2005.