54656 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

programs business, Reporting and 

recordkeeping requirements. 

Dated: September 13, 2005. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

■ For the reasons in the preamble, the 

National Marine Fisheries Service 

amends 50 CFR part 600 as follows: 

PART 600—MAGNUSON-STEVENS 

ACT PROVISIONS 

■ 1. The authority citation for part 600 

continues to read as follows: 

Authority: 5 U.S.C. 561, 16 U.S.C. 1801 et 

seq., 16 U.S.C. 1861a(b) through (e), 46 App. 

U.S.C. 1279f and 1279g, section 144(d) of 

Division B of Pub. L. 106–554, section 2201 

of Pub. L. 107–20, section 205 of Pub. L. 107–

117, Pub. L. 107–206, and Pub. L. 108–7. 

■ 2. Section 600.1104 text is added to 

read as follows: 

§ 600.1104 Bering Sea and Aleutian 

Islands (BSAI) crab species fee payment 

and collection system. 

(a) Purpose. As authorized by Public 

Law 106–554, this section’s purpose is 

to: 

(1) In accordance with § 600.1012 of 

subpart L, establish: 

(i) The borrower’s obligation to repay 

a reduction loan, and 

(ii) The loan’s principal amount, 

interest rate, and repayment term; and 

(2) In accordance with § 600.1013 

through § 600.1016 of subpart L, 

implement an industry fee system for 

the reduction fishery. 

(b) Definitions. Unless otherwise 

defined in this section, the terms 

defined in § 600.1000 of subpart L and 

§ 600.1103 of this subpart expressly 

apply to this section. The following 

terms have the following meanings for 

the purpose of this section: 

Crab rationalization crab means the 

same as in § 680.2 of this chapter. 

Crab rationalization fisheries means 

the same as in § 680.2 of this chapter. 

Reduction endorsement fishery means 

any of the seven fisheries that § 679.2 of 

this chapter formerly (before adoption of 

part 680 of this chapter) defined as crab 

area/species endorsements, except the 

area/species endorsement for Norton 

Sound red king. More specifically, the 

reduction endorsement fisheries, and 

the crab rationalization fisheries which 

(after adoption of part 680 of this 

chapter) correspond to the reduction 

endorsement fisheries, are: 

(1) Bristol Bay red king (the 

corresponding crab rationalization 

fishery is Bristol Bay red king crab), 

(2) Bering Sea and Aleutian Islands 

Area C. opilio and C. bairdi (the 

corresponding crab rationalization 

fisheries are two separate fisheries, one 

for Bering Sea snow crab and another 

for Bering Sea Tanner crab), 

(3) Aleutian Islands brown king (the 

corresponding crab rationalization 

fisheries are the two separate fisheries, 

one for Eastern Aleutian Islands golden 

king crab and another for Western 

Aleutian Islands golden king crab), 

(4) Aleutian Islands red king (the 

corresponding crab rationalization 

fishery is Western Aleutian Islands red 

king crab), 

(5) Pribilof red king and Pribilof blue 

king (the corresponding crab 

rationalization fishery is Pribilof red 

king and blue king crab), and 

(6) St. Matthew blue king (the 

corresponding crab rationalization 

fishery is also St. Matthew blue king 

crab). 

Reduction fishery means the fishery 

for all crab rationalization crab in all 

crab rationalization fisheries. Subamount means the portion of the 

reduction loan amount for whose 

repayment the borrower in each 

reduction endorsement fishery is 

obligated. 

(c) Reduction loan amount. The 

reduction loan’s original principal 

amount is $97,399,357.11. 

(d) Sub-amounts. The sub-amounts 

are: 

(1) For Bristol Bay red king, 

$17,129,957.23; 

(2) For Bering Sea and Aleutian 

Islands Area C. opilio and C. bairdi, 

$66,410,767.20; 

(3) For Aleutian Islands brown king, 

$6,380,837.19; 

(4) For Aleutian Islands red king, 

$237,588.04; 

(5) For Pribilof red king and Pribilof 

blue king, $1,571,216.35; and 

(6) For St. Matthew blue king, 

$5,668,991.10. 

(e) Interest accrual from inception. 

Interest began accruing on each portion 

of the reduction loan amount on and 

from the date on which NMFS 

disbursed each such portion. 

(f) Interest rate. The reduction loan’s 

interest rate shall be the applicable rate 

which the U.S. Treasury determines at 

the end of fiscal year 2005 plus 2 

percent. 

(g) Repayment term. For the purpose 

of determining fee rates, the reduction 

loan’s repayment term is 30 years from 

January 19, 2005, but each fee shall 

continue indefinitely for as long as 

necessary to fully repay each 

subamount. 

(h) Reduction loan repayment. (1) The 

borrower shall, in accordance with 

§ 600.1012, repay the reduction loan; 

(2) Fish sellers in each reduction 

endorsement fishery shall, in 

accordance with § 600.1013, pay the fee 

at the rate applicable to each such 

fishery’s subamount; 

(3) Fish buyers in each reduction 

endorsement fishery shall, in 

accordance with § 600.1013, collect the 

fee at the rate applicable to each such 

fishery; 

(4) Fish buyers in each reduction 

endorsement fishery shall, in 

accordance with § 600.1014, deposit and 

disburse, as well as keep records for and 

submit reports about, the fees applicable 

to each such fishery; and, 

(5) The reduction loan is, in all other 

respects, subject to the provisions of 

§ 600.1012 through § 600.1017. 

[FR Doc. 05–18444 Filed 9–15–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

091205A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Yellowfin Sole in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; apportionment 

of reserves; request for comments. 

SUMMARY: NMFS apportions amounts of 

the non-specified reserve of groundfish 

to the yellowfin sole initial total 

allowable catch (ITAC) in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the fishery to continue operating. It is 

intended to promote the goals and 

objectives of the fishery management 

plan for the BSAI. 

DATES: Effective September 16, 2005 

through 2400 hrs, Alaska local time, 

December 31, 2005. Comments must be 

received at the following address no 

later than 4:30 p.m., Alaska local time, 

September 28, 2005. 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54657 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Lori Durall. Comments may be 

submitted by: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• Fax to 907–586–7557; 

• E-mail to bsairelys2@noaa.gov and 

include in the subject line of the e-mail 

comment the document identifier: 

bsairelys; or 

• Webform at the Federal eRulemaking 

Portal: www.regulations.gov. Follow the 

instructions at that site for submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

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 ITAC of yellowfin sole in 

the BSAI was established as 83,883 

metric tons by the 2005 and 2006 final 

harvest specifications for groundfish in 

the BSAI (70 FR 8979, February 24, 

2005) and the release of non-specified 

reserves on July 28, 2005 (70 FR 43644, 

July 28, 2005). The Administrator, 

Alaska Region, NMFS, has determined 

that the ITAC for yellowfin sole in the 

BSAI needs to be supplemented from 

the non-specified reserve in order to 

continue operations. 

Therefore, in accordance with 

§ 679.20(b)(3), NMFS apportions 3,500 

metric tons from the non-specified 

reserve of groundfish to the yellowfin 

sole ITAC in the BSAI. This 

apportionment is consistent with 

§ 679.20(b)(1)(ii) and does not result in 

overfishing of a target species because 

the revised ITAC is equal to or less than 

the specification of the acceptable 

biological catch (70 FR 8979, February 

24, 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) and 679.20(b)(3)(iii)(A) 

as such a 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 

apportionment of the non-specified 

reserves of groundfish to the yellowfin 

sole fishery. NMFS was unable to 

publish a action providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 24, 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. 

Under 679.20(b)(3)(iii), interested 

persons are invited to submit written 

comments on this action (see 

ADDRESSES) until September 28, 2005. 

This action is required by 50 CFR 

679.20 and is exempt from review under 

Executive Order 12866. 

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

Dated: September 12, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–18443 Filed 9–13–05; 1:23 pm] 

BILLING CODE 3510–22–S