Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations 65861 

59. Given the urgent need, the rules 

set forth herein shall take effect 

immediately upon release, and without 

prior public notice and comment. 

Section 553 of the Administrative 

Procedures Act (APA) permits any 

agency to implement a rule without 

public notice and opportunity for 

comment ‘‘when the agency for good 

cause finds * * * that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 

interest.’’ Commission rules permit us to 

render an Order effective upon release 

where good cause warrants. As a general 

matter, we firmly believe that public 

notice requirements are an essential 

component of our rulemaking process. 

We find, however, that while receipt of 

public comment clearly is necessary to 

the formulation of final rules, the 

devastation caused by Hurricane Katrina 

and the need for prompt attention for 

the victims of Hurricane Katrina present 

good cause to make this Order effective 

immediately upon release of this Order. 

IV. Congressional Review Act 

60. The Commission will send a copy 

of this Order in a report to Congress and 

the Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). For the 

reasons stated herein, we find good 

cause for the rule changes made by this 

Order to take effect upon the release of 

this Order, see 5 U.S.C. 808(2). 

V. Procedural Matters 

61. This Order contains new and 

modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. Pursuant to 5 CFR 

1320.18(d), the Office of Management 

and Budget (OMB) has granted the 

Commission a temporary waiver of the 

PRA requirements for this rulemaking. 

Accordingly, this Order will not be 

submitted to OMB for review. 

VI. Ordering Clauses 

62. Pursuant to the authority 

contained in sections 4(i), 4(j), 10, 201–

205, 214, 254, 303(r), and 403 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 154(j), 

160, 201–205, 214, 254, 303(r), and 403 

this Order is adopted, and the 

temporary Order shall become effective 

immediately upon release of this Order, 

pursuant to 5 U.S.C. 408, 553(d)(3), 47 

U.S.C. 408, 553(d)(3). 

63. Pursuant to 4(i) and 251(e) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i) and 251(e), 

and §§ 1.1 and 1.3 of the Commission’s 

rules, 47 CFR 1.1 and 1.3, that our 

procedural rules relating to the 

universal service fund are waived to the 

extent herein described. 

64. Pursuant to sections 1, 4(i), 

251(b)(2), and 251(e) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 

251(b)(2) and 251(e), and § 1.3 of the 

Commission’s rules, 47 CFR 1.3, that 

§ 54.603(b)(3) of the Commission’s rules 

is waived to the extent herein described. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–21728 Filed 10–31–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 050302053–5120–03; I.D. 

042605G] 

RIN 0648–AT38 

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Spiny Dogfish; 

Open Access; Routine Management 

Measure; Closure Authority 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Emergency rule and extension 

of expiration date. 

SUMMARY: This action extends an 

emergency rule, now in effect, that 

establishes routine management 

measure authority, under the Pacific 

Coast Groundfish Fishery Management 

Plan (Pacific Coast Groundfish FMP), to 

reduce trip limits to incidental levels in 

the open access fishery for groundfish 

before the sector has taken its full target 

groundfish species’ allocations, to 

minimize impacts on overfished 

species. The mechanism established by 

this action is necessary to quickly 

restrict the directed open access 

groundfish fishery if NMFS estimates 

that the incidental catch of an 

overfished species is too high. 

DATES: The amendments in this rule are 

effective November 1, 2005, through 

May 1, 2006, except for § 660.383(f), 

which is effective November 1, 2005. 

The expiration date of the emergency 

rule published on May 5, 2005 (70 FR 

23804) is extended until May 1, 2006. 

ADDRESSES: 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. Robert Lohn, 

Administrator, Northwest Region 

(Regional Administrator), NMFS, 7600 

Sand Point Way, NE, Seattle, WA 

98115–0070. 

FOR FURTHER INFORMATION CONTACT: 

Yvonne deReynier (Northwest Region, 

NMFS), phone: 206–526–6129; fax: 206–

526–6736 and; e-mail: 

yvonne.dereynier@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This rule is accessible via the Internet 

at the Office of the Federal Register’s 

Web site at http://www.access.gpo.gov/ 

suldocs/aces/aces140.html. 

Background information and documents 

are available at the NMFS Northwest 

Region Web site at http://www/ 

nwr.noaa.gov/1sustfsh/gdfsh01.htm and 

at the Council’s Web site at http:// 

www.pcouncil.org. 

Background 

On May 5, 2005, NMFS published an 

emergency rule (70 FR 23804) 

establishing bycatch limits of 1.0 mt of 

canary rockfish and 0.6 mt of yelloweye 

rockfish for the directed open access 

fishery for groundfish. If those limits 

were estimated to be achieved inseason, 

the trip limit levels for the open access 

fishery would be reduced via NMFS 

automatic action at § 660.370(d) to a 

level that would accommodate 

incidental catch in the non-directed 

open access fishery. This emergency 

rule implemented a provision setting 

the incidental trip limit level for the 

open access fishery at 200 lb (90.7 kg) 

of groundfish per month. 

The impetus for this emergency rule 

was a high capacity freezer-longliner 

announcing its intent to join the open 

access fishery for spiny dogfish. 

Historical data indicated that traditional 

dogfish longliners operating off the 

Washington coast have had incidental 

catch of canary and yelloweye rockfish 

that concerned the agency. When 

applied to the expected catch of spiny 

dogfish by that a high-capacity vessel 

inexperienced with operating in 

northern West Coast waters, these 

bycatch rates could have jeopardized 

the optimum yields (OYs) for these 

65862 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations 

overfished rockfish bycatch species. 

Bycatch limits for the directed open 

access fishery were intended to ensure 

that any increased open access harvest 

levels that could result from the 

participation of any high capacity 

vessels in the open access fishery would 

not jeopardize either overfished species’

OYs or the availability of incidental 

overfished species catch in fisheries 

other than the directed open access 

fishery. 

The Council reviewed NMFS’s action 

at its June 13–17, 2005, meeting and 

recommended raising the open access 

bycatch limits for canary and yelloweye 

rockfish to 3.0 mt each. The Council 

also determined that a more direct way 

of addressing the potential for canary 

and yelloweye rockfish bycatch in the 

open access fisheries would be to 

review the need for spiny dogfish trip 

limits. Thus, the Council has been 

following the groundfish fishery 

management plan’s (FMP’s) procedures 

for establishing new routine 

management measures by considering 

dogfish trip limits at its September and 

November 2005 Council meetings. Once 

the Council finalizes its decision on 

whether to implement spiny dogfish trip 

limits, NMFS will publish a proposed 

rule to send the Council’s action out for 

public review and comment. 

NMFS implemented the Council 

recommendation to set annual canary 

and yelloweye rockfish bycatch limits 

for the open access fishery at 3.0 mt 

each via an inseason action published 

on July 5, 2005 (70 FR 38596.) 

Therefore, NMFS is both renewing this 

emergency action through May 1, 2006, 

and re-publishing the Councilrecommended annual open access 

bycatch limits for canary and yelloweye 

rockfish at 3.0 mt each. NMFS 

anticipates publishing a proposed rule 

to implement spiny dogfish trip limits 

in late 2005. 

Additional information concerning 

the open access fisheries for groundfish 

may be found in the EIS for the 2005–

2006 West Coast groundfish harvest 

specifications and management 

measures. NMFS provided a 30–day 

comment period on both the emergency 

rule published on May 5 and on the 

inseason action published on July 5, 

2005. No comments were received on 

either action. Extension of this 

emergency rule is authorized under 

section 305(c)(3)(B) of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA,) has determined 

that this extension is needed to prevent 

the canary and yelloweye rockfish OYs 

from being exceeded in either 2005 or 

2006. Both of these species are 

overfished and are managed under 

rebuilding plans. This emergency rule 

needs to be extended in order to address 

concerns that high-capacity entrants to 

the directed open access fisheries could 

jeopardize the OYs for canary and 

yelloweye rockfish, and thereby take 

away fishing opportunities from 

hundreds of other commercial vessels 

and thousands of recreational vessels 

that also take these species incidentally. 

Maintaining the 2005–2006 bycatch 

limits set by the emergency rule (70 FR 

23804, May 5, 2005,) will serve to 

protect canary and yelloweye rockfish 

from overharvest for the remainder of 

2005 and in the early part of 2006. 

Accordingly, the AA is extending the 

expiration date of this emergency rule 

until May 1, 2006. 

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: October 25, 2005. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, 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 

■ 1. The authority citation for part 660 

continues to read as follows: 

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

■ 2. In § 660.370, paragraph (c)(1)(iv) is 

added and paragraph (i) is revised to 

read as follows: 

§ 660.370 Specifications and management 

measures. 

* * * * * 

(c) * * * 

(1) * * * 

(iv) Differential trip landing limits 

and frequency limits based on gear type, 

closed seasons. Trip landing and 

frequency limits that differ by gear type 

and closed seasons may be imposed or 

adjusted on a biennial or more frequent 

basis for the purpose of rebuilding and 

protecting overfished or depleted stocks. 

To achieve the rebuilding of an 

overfished or depleted stock, the Pacific 

whiting primary seasons described at 

§ 660.373(b), may be closed for any or 

all of the fishery sectors identified at 

§ 660.373 (a) before the sector allocation 

is reached if any of the bycatch limits 

identified at § 660.373(b)(4) are reached. 

To achieve the rebuilding of an 

overfished or depleted stock, groundfish 

trip limits in the open access fishery 

may be reduced to an incidental level if 

any of the bycatch limits identified at 

§ 660.383(f) are reached. 

* * * * * 

(i) Automatic actions. Automatic 

management actions may be initiated by 

the NMFS Regional Administrator 

without prior public notice, opportunity 

to comment, or a Council meeting. 

These actions are nondiscretionary, and 

the impacts must have been taken into 

account prior to the action. Unless 

otherwise stated, a single notice will be 

published in the Federal Register 

making the action effective if good cause 

exists under the APA to waive notice 

and comment. Automatic actions are 

used in the Pacific whiting fishery to 

close the fishery or reinstate trip limits 

when a whiting harvest guideline, 

commercial harvest guideline, or a 

sector’s allocation is reached, or is 

projected to be reached; or to 

reapportion unused allocation to other 

sectors of the fishery. An automatic 

action may also be used in the open 

access fishery to reduce groundfish trip 

limits to an incidental level when 

overfished species bycatch limits at 

§ 660.383(f) are reached. 

■ 3. In § 660.383, paragraph (f) is 

revised to read as follows: 

§ 660.383 Open access fishery 

management measures. 

* * * * * 

(f) 2005 and 2006 bycatch limits in 

the directed open access fishery. 

Bycatch limits for the directed open 

access fishery may be used inseason to 

reduce overall groundfish trip limits to 

incidental levels to achieve the 

rebuilding of an overfished or depleted 

stock, under routine management 

measure authority at § 660.370(c)(1)(ii). 

These limits are routine management 

measures under § 660.370(c) and, as 

such, may be adjusted inseason or may 

have new species added to the list of 

those with bycatch limits. For 2005 and 

2006, the directed open access fishery 

bycatch limits are 3.0 mt of canary 

rockfish and 3.0 mt of yelloweye 

rockfish in each year. Under automatic 

action authority at § 660.370(d), if either 

of these limits is reached, groundfish 

trip limits will be reduced to an 

incidental level. Under this authority, 

reducing groundfish trip limits to an 

incidental level means that any vessel 

operating off the West Coast that is not 

registered for use with a limited entry 

Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Rules and Regulations 65863 

permit will be constrained to a trip limit 

for all groundfish, excluding Pacific 

whiting of no more than 200 lb (90.7 kg) 

per month. 

[FR Doc. 05–21618 Filed 10–31–05; 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. 

102605A] 

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 24 

hours. This action is necessary to fully 

use the 2005 total allowable catch (TAC) 

of pollock specified for Statistical Area 

630. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 27, 2005, through 

1200 hrs, A.l.t., October 28, 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 

October 8, 2005 (70 FR 59676, October 

13, 2005). NMFS reopened directed 

fishing for pollock in Statistical Area 

630 of the GOA for 48 hours under 

679.25(a)(2)(i)(C) and (a)(2)(iii)(D) on 

October 17, 2005 (70 FR 61067, October 

20, 2005). 

NMFS has determined that 

approximately 588 mt of pollock remain 

in the directed fishing allowance. 

Therefore, in accordance with 

§ 679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and 

to fully utilize 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 the 

directed fishing allowance for pollock in 

Statistical Area 630 of the GOA will be 

reached after 24 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 630 of the 

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

28, 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 a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of October 25, 

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: October 26, 2005. 

Ann M. Lange, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–21773 Filed 10–27–05; 4:02 pm] 

BILLING CODE 3510–22–S