Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations 56377 

§ 32.50 [Amended] 

■ 5. Amending § 32.50 New Mexico by 

revising instruction 25 to read as 

follows: ‘‘Amend § 32.50 New Mexico 

by revising paragraph A.2. and adding 

paragraph B.3. of Bosque del Apache 

National Wildlife Refuge to read as 

follows:’’. 

§ 32.52 [Amended] 

■ 6. Amending § 32.52 North Carolina 

by revising instruction 27.a. to read as 

follows: ‘‘Revising paragraph A.5., 

adding paragraphs A.6. and A.7., 

revising paragraphs B.1. through B.4., 

and C.1. through C.4., and removing 

paragraph C.5. of Alligator River 

National Wildlife Refuge; and’’. 

§ 32.56 [Amended] 

■ 7. Amend § 32.56 Oregon by: 

■ a. Revising instruction 30.a. to read as 

follows: ‘‘Adding paragraphs A.9. and 

B.6. of Cold Springs National Wildlife 

Refuge;’’; 

■ b. Revising instruction 30.c. to read as 

follows: ‘‘Adding paragraph A.8. and 

revising paragraph B.1. of McKay Creek 

National Wildlife Refuge; and’’; and 

■ c. Revising paragraph designation B.3. 

to read B.6. of Cold Springs National 

Wildlife Refuge. 

§ 32.62 [Amended] 

■ 8. Amend § 32.62 Tennessee by: 

■ a. Revising instruction 34 to read 

‘‘Amend § 32.62 Tennessee by:’’; and 

■ b. Revising the section heading 

‘‘§ 32.63 Tennessee.’’ to read ‘‘§ 32.62 

Tennessee.’’. 

§ 32.63 [Amended] 

■ 9. Amend § 32.63 Texas instruction 

35.d. by revising the spelling of ‘‘Laguna 

Atascosca National Wildlife Refuge;’’ to 

read ‘‘Laguna Atascosa National 

Wildlife Refuge;’’. 

§ 32.66 [Amended] 

■ 10. Amend § 32.66 Virginia by 

amending instruction 37.a. to read: 

‘‘Adding paragraph C.2.vi. of 

Chincoteague National Wildlife 

Refuge;’’. 

Dated: September 20, 2005. 

Leslie A. Marler, 

National Wildlife Refuge System Federal 

Register Liaison. 

[FR Doc. 05–19073 Filed 9–26–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

092105D] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Central Aleutian District of the Bering 

Sea and Aleutian Islands Management 

Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Central 

Aleutian District of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2005 Atka 

mackerel total allowable catch (TAC) in 

the Central Aleutian District of the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 22, 2005, 

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 

BSAI 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 Atka mackerel TAC in the 

Central Aleutian District of the BSAI is 

32,838 metric tons (mt) as established 

by the 2005 and 2006 final harvest 

specifications for groundfish in the 

BSAI (70 FR 8979, February 24, 2005). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2005 Atka mackerel 

TAC in the Central Aleutian District of 

the BSAI will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 32,788 mt, and is setting 

aside the remaining 50 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 Atka mackerel in the 

Central Aleutian District of the BSAI. 

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 Atka mackerel in 

the Central Aleutian District of the 

BSAI. NMFS was unable to publish an 

action providing time for public 

comment because the most recent, 

relevant data only became available as 

of September 16, 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: September 22, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–19272 Filed 9–22–05; 1:20 pm] 

BILLING CODE 3510–22–S