Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 61775 

provide information, you may submit 

your comments and materials 

concerning this finding to the Western 

Gray Wolf Recovery Coordinator, U.S. 

Fish and Wildlife Service (see 

ADDRESSES). 

Our practice is to make comments and 

materials provided, including names 

and home addresses of respondents, 

available for public review during 

regular business hours. Respondents 

may request that we withhold a 

respondent’s identity, to the extent 

allowable by law. If you wish us to 

withhold your name or address, you 

must state this request prominently at 

the beginning of your submission. 

However, we will not consider 

anonymous comments. To the extent 

consistent with applicable law, we will 

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at the address listed above under 

ADDRESSES. 

References Cited 

A complete list of all references cited 

herein is available upon request from 

the Western Gray Wolf Recovery 

Coordinator, U.S. Fish and Wildlife 

Service (see ADDRESSES). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973 as 

amended (16 U.S.C. 1531 et seq.). 

Dated: October 17, 2005. 

Matt Hogan, 

Acting Director, Fish and Wildlife Service. 

[FR Doc. 05–21344 Filed 10–25–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 051017269–5269–01; I.D. 

100705C] 

RIN 0648–AT54 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Cape Sarichef 

Research Restriction Area Opening for 

the Groundfish Fisheries of the Bering 

Sea and Aleutian Islands Management 

Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to open the 

Cape Sarichef Research Restriction Area 

in the Bering Sea and Aleutian Islands 

Management Area (BSAI) to directed 

fishing for groundfish using trawl, pot, 

and hook-and-line gear from March 15, 

2006, through March 31, 2006. Because 

NMFS’ Alaska Fisheries Science Center 

(AFSC) will not conduct research in this 

area in 2006, closure of the Cape 

Sarichef Research Restriction Area is 

not needed. This action is intended to 

relieve an unnecessary restriction on 

groundfish fisheries and allow the 

optimum utilization of fishery 

resources, in accordance with the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). This proposed 

rule also would remove the regulations 

for the Cape Sarichef Research 

Restriction Area, as well as regulations 

for the Chiniak Gully Research Area 

because both research projects have 

ended. 

DATES: Comments on this proposed rule 

must be received by November 25, 2005. 

ADDRESSES: Send written comments to 

Sue Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Lori Durall. Comments may be 

submitted by: 

• Hand delivery: 709 West 9th Street, 

Room 420A, Juneau, AK. 

• E-mail: 0648–at54–

Sarichef@noaa.gov. Include in the 

subject line the following document 

identifier: Cape Sarichef RIN 

0648-AT54. E-mail comments, with or 

without attachments, are limited to 5 

megabytes. 

• Webform at the Federal eRulemaking 

Portal: www.regulations.gov. Follow the 

instructions at that site for submitting 

comments. 

• Fax: 907–586–7557. 

• Mail: P.O. Box 21668, Juneau, AK 

99802–1668. 

Copies of the regulatory impact 

review (RIR), prepared for this action 

are available from NMFS at the above 

address or from the NMFS Alaska 

Region website at www.fakr.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Becky Carls, 907–586–7228 or 

becky.carls@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

groundfish fisheries in the exclusive 

economic zone of the BSAI and Gulf of 

Alaska (GOA) are managed by NMFS 

under the Fishery Management Plans 

(FMPs) for Groundfish of the BSAI and 

Groundfish of the GOA. The FMPs were 

prepared by the North Pacific Fishery 

Management Council (Council) under 

the Magnuson-Stevens Act, 16 U.S.C. 

1801 et seq. Regulations governing U.S. 

fisheries and implementing the FMPs 

appear at 50 CFR parts 600 and 679. 

Background and Need for Action 

In October 2002, the Council adopted 

a regulatory amendment to implement a 

seasonal closure to directed fishing for 

groundfish by vessels using trawl, pot, 

or hook-and-line gear in a portion of the 

waters off Cape Sarichef just north of 

Unimak Pass in the Aleutians (68 FR 

11004, March 7, 2003). The purpose of 

that action was to support an AFSC 

research project testing the hypothesis 

that commercial trawl fishing imposed 

localized depletion on stocks of Pacific 

cod. The results of the research project 

had the potential to provide information 

on the impacts of fishing on Pacific cod 

stocks, and on Steller sea lion forage 

resources. That research was scheduled 

to occur in each of four consecutive 

years (2003 through 2006) between 

March 15 and March 31. The closure of 

this area to pot, hook-and-line, and 

trawl gear users is applicable through 

March 31, 2006. 

In June 2005, AFSC staff reported to 

the Council that their research results 

over the first three years were so 

unambiguous and consistent that they 

were ending the study one year earlier 

than originally planned. The results of 

the Cape Sarichef study are available on 

the Internet at www.afsc.noaa.gov/ 

Quarterly/amj2005/divrptsREFM6.htm. 

Because the study would not be 

conducted in 2006, AFSC staff indicated 

that the special closure of the study area 

for March 15–31, 2006, would not be 

needed. The Council recommended and 

NMFS is proposing to remove the 

closure specified in § 679.22(a)(11). 

Maintaining the closure in 2006 would 

61776 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Proposed Rules 

unnecessarily restrict the groundfish 

fisheries because no research will be 

conducted in 2006. Removing the 2006 

trawl, pot, and hook-and-line gear 

closure would allow vessels 

participating in groundfish fisheries to 

harvest their total allowable catch 

amounts without the operational 

constraints imposed by the closure. 

In addition, this regulatory 

amendment includes a housekeeping 

measure that would remove regulations 

for the Chiniak Gully Research Area off 

Kodiak Island, which were applicable 

through December 31, 2004. 

Proposed Changes to Regulations 

In § 679.22, NMFS proposes to 

remove and reserve paragraphs (a)(11) 

and (b)(3). Figure 21 to part 679, which 

shows the Cape Sarichef Research 

Restriction Area, also would be removed 

and reserved. 

Classification 

NMFS has determined that the 

proposed rule is consistent with the 

FMPs and preliminarily determined that 

the rule is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This proposed 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 (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

impact on a substantial number of small 

entities as follows: 

The Initial Regulatory Flexibility Analysis 

(IRFA) prepared to support the original Cape 

Sarichef closure found that in the years 1998 

to 2001, between 36 and 67 entities had 

operated annually in the State of Alaska 

statistical area (655430) that includes the 

Cape Sarichef closure area. Smaller numbers 

had fished in the two most recent years. 

Between 21 and 56 of these appear to be 

small entities under the criteria used by the 

SBA to identify small fishing entities (annual 

gross revenues less than or equal to $3.5 

million). The IRFA noted that affected 

operations could include vessels fishing with 

trawl gear, hook-and-line, and pots, and 

could include both catcher vessels and 

catcher processors. No entities are affected by 

removing the Chiniak Gully regulations 

because that closure is no longer applicable, 

and removal of the obsolete references to it 

in the regulations would be merely a 

housekeeping amendment. 

The IRFA noted that the original closure 

action had the potential to adversely affect 

the revenues and costs of directly regulated 

small entities. Expected impacts were 

reported likely to accrue due to reduced 

catch per unit effort in alternative ‘‘open’’

fishing areas, and possible crowding 

externalities (e.g., gear conflicts or 

displacement). In addition, by forcing 

operations to fish in different geographic and 

temporal patterns than they would otherwise 

have voluntarily chosen, the closure might be 

associated with some increased operating 

costs (e.g., longer running times and 

distances between port and remaining open 

fishing grounds). This action would rescind 

a fishing restriction that would otherwise 

continue to impose costs, but yield no further 

scientific benefit which was the offsetting 

factor that led to the original closure. The 

other aspect of this action simply excises 

obsolete language from the regulations 

pertaining to a fishing area closure that is no 

longer applicable. Therefore, the proposed 

action would cause no adverse economic 

impacts on small entities. 

In general, the IRFA for the original Cape 

Sarichef research closure found that the fouryear duration of the action that was 

contemplated at the time would be associated 

with a very small potential for adverse 

impacts on small entities. The current action 

removes any further potential burden (i.e., 

costs) associated with the Cape Sarichef 

closure, but does so for only one of the four 

years initially evaluated. Because the 

currently closed area is closer to the ports 

where catcher vessels deliver their harvests 

than are the likely alternative fishing 

grounds, lifting the Cape Sarichef restriction 

would reduce running times, thus saving 

both time and fuel. 

In retrospect, the costs of the four year 

program appear to have been small based on 

the supporting analyses for the present 

action. The cost savings from relieving the 

Cape Sarichef restriction would be expected 

to be about one-fourth (one year’s worth) of 

the impact of the original action. Therefore, 

the presently proposed action is not expected 

to have a significant impact on any small 

entities. Likewise, revocation of obsolete 

language for a closure that is no longer 

applicable would impose no discernable 

impacts, positive or negative, on small 

entities. This action would not place small 

entities at a competitive disadvantage to large 

entities. 

Because this proposed rule has no 

significant economic impacts on a 

substantial number of small entities, an 

initial regulatory flexibility analysis is 

not required and none has been 

prepared. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries. 

Dated: October 20, 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 679 is proposed 

to be amended as follows: 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

1. The authority citation for part 679 

continues to read as follows: 

Authority: 16 U.S.C. 773 et seq.; 1540(f); 

1801 et seq.; 1851 note; 3631 et seq. 

§ 679.22 [Amended] 

2. In § 679.22, remove and reserve 

paragraphs (a)(11) and (b)(3). 

PART 679— [AMENDED] 

3. In part 679, remove and reserve 

Figure 21 to Part 679—Cape Sarichef 

Research Restriction Area (Applicable 

through March 31, 2006). 

[FR Doc. 05–21385 Filed 10–25–05; 8:45 am] 

BILLING CODE 3510–22–S