Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Rules and Regulations 67929 

San Miguel Island Fox (Urocyon 

littoralis littoralis) 

We have determined that no areas 

meet the definition of critical habitat 

under section 3(5)(A) of the Act for San 

Miguel Island fox. Therefore, no specific 

areas are designated as critical habitat 

for this subspecies. 

Santa Catalina Island Fox (Urocyon 

littoralis catalinae) 

We have determined that no areas 

meet the definition of critical habitat 

under section 3(5)(A) of the Act for 

Santa Catalina Island fox. Therefore, no 

specific areas are designated as critical 

habitat for this subspecies. 

Santa Cruz Island Fox (Urocyon 

littoralis santacruzae) 

We have determined that no areas 

meet the definition of critical habitat 

under section 3(5)(A) of the Act for 

Santa Cruz Island fox. Therefore, no 

specific areas are designated as critical 

habitat for this subspecies. 

Santa Rosa Island Fox (Urocyon 

littoralis santarosae) 

We have determined that no areas 

meet the definition of critical habitat 

under section 3(5)(A) of the Act for 

Santa Rosa Island fox. Therefore, no 

specific areas are designated as critical 

habitat for this subspecies. 

* * * * * 

Dated: November 1, 2005. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 05–22189 Filed 11–8–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[I.D. 102505B] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment. 

SUMMARY: NMFS has determined that 

the Atlantic bluefin tuna (BFT) General 

category daily retention limit on 

previously designated restricted fishing 

days (RFD) that was published on June 

7, 2005, should be adjusted. Certain 

General category RFDs are being waived 

to allow for maximum utilization of the 

coastwide General category BFT quota. 

Therefore, NMFS waives the RFDs in 

November and increases the daily 

retention limit from zero to two large 

medium or giant BFT on the previously 

designated RFDs during the month of 

November 2005. 

DATES: Effective dates for BFT daily 

retention limits are provided in Table 1 

under SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: Brad 

McHale, 978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. The 2005 BFT fishing year began 

on June 1, 2005, and ends May 31, 2006. 

The final initial 2005 BFT specifications 

and General category effort controls 

(June 7, 2005; 70 FR 33033) established 

the following RFD schedule for the 2005 

fishing year: All Fridays, Saturdays, and 

Sundays from November 18, 2005, 

through January 31, 2006, and 

Thursday, November 24, 2005, 

inclusive, provided quota remained 

available and the fishery was open. 

RFDs are intended to extend the General 

category BFT fishery late into the season 

and provide for a winter fishery in the 

southern Atlantic region. 

TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS

Permit Category Effective Dates Area BFT Size Class Limit 

Atlantic tunas General and HMS Charter/ 

Headboat (while fishing commercially) 

November 18-20, 2005, and November 

24-27, 2005 

All Two BFT per vessel per day/trip, measuring 73 inches (185 cm) CFL or larger 

Adjustment of General Category Daily 

Retention Limits 

Under 50 CFR 635.23(a)(4), NMFS 

may increase or decrease the General 

category daily retention limit of large 

medium and giant BFT over a range 

from zero (on RFDs) to a maximum of 

three per vessel to allow for maximum 

utilization of the quota for BFT. On 

September 28, 2005 (70 FR 56595), 

NMFS adjusted the commercial daily 

BFT retention limit, in all areas, for 

those vessels fishing under the General 

category quota, to two large medium or 

giant BFT, measuring 73 inches (185 

cm) or greater curved fork length (CFL), 

per vessel per day/trip. This retention 

limit was supposed to be effective 

through January 31, 2005, inclusive, 

provided quota remained available and 

the fishery remained open. 

Based on a review of dealer reports, 

daily landing trends, available quota, 

weather conditions, and the availability 

of BFT on the fishing grounds, NMFS 

has determined that waiving RFDs and 

increasing the General category daily 

BFT retention limit on those RFDs 

previously established for the month of 

November, is warranted. Therefore, 

NMFS adjusts the General category 

daily BFT retention limits for November 

18, 19, 20, 24, 25, 26, and 27, 2005, to 

two large medium or giant BFT per 

vessel. NMFS has selected these days in 

order to give adequate advance notice to 

fishery participants. While catch rates 

have continued to be low so far this 

season, NMFS recognizes that they may 

increase. In order to ensure equitable 

fishing opportunities in all areas and 

provide opportunities for a late winter 

General category BFT fishery, NMFS has 

not waived the RFDs scheduled in 

December and January at this time. If 

catch rates continue to be low, some or 

all of the remaining previously 

scheduled RFDs may be waived as well. 

The intent of this adjustment is to 

allow for maximum utilization of the 

U.S. landings quota of BFT while 

maintaining an equitable distribution of 

fishing opportunities to help achieve 

optimum yield in the General category 

BFT fishery, to collect a broad range of 

data for stock monitoring purposes, and 

to be consistent with the objectives of 

the HMS FMP. 

Monitoring and Reporting 

NMFS selected the RFDs being 

waived after examining current fishing 

year catch and effort rates, previous 

fishing years catch and effort rates, and 

analyzing the available quota for the 

2005 fishing year. NMFS will continue 

to monitor the BFT fishery closely 

through dealer landing reports. 

Depending on the level of fishing effort 

67930 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Rules and Regulations 

and catch rates of BFT, NMFS may 

determine that additional retention limit 

adjustments are necessary to ensure 

available quota is not exceeded or, to 

enhance scientific data collection from, 

and fishing opportunities in, all 

geographic areas. 

Closures or subsequent adjustments to 

the daily retention limits, if any, will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (888) 

872–8862 or (978) 281–9260, or access 

the Internet at www.nmfspermits.com 

for updates on quota monitoring and 

retention limit adjustments. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that it is 

impracticable and contrary to the public 

interest to provide prior notice of, and 

an opportunity for, public comment on 

this action. 

NMFS has recently become aware of 

increased availability of large medium 

and giant BFT on the fishing grounds. 

This increase in abundance provides the 

potential to increase General category 

landings rates if participants are 

authorized to harvest two large medium 

or giant BFT per day on previously 

designated RFDs. The regulations 

implementing the 1999 Fishery 

Management Plan (FMP) for Atlantic 

Tunas, Swordfish, and Sharks provide 

for inseason retention limit adjustments 

to respond to the unpredictable nature 

of BFT availability on the fishing 

grounds, the migratory nature of this 

species, and the regional variations in 

the BFT fishery. Based on a review of 

the availability of BFT on the fishing 

grounds, dealer reports, daily landing 

trends, available quota, and weather 

conditions, NMFS has determined that 

this retention limit adjustment is 

warranted. Adjustment of retention 

limits is also necessary in order to avoid 

excessive quota rollovers from one 

fishing year to the next. 

Delays in waiving the previously 

designated November RFDs, thereby 

increasing the General category daily 

retention limit, would be contrary to the 

public interest. Such delays would 

adversely affect those General category 

vessels that would otherwise have an 

opportunity to harvest BFT on a RFD 

and would further exacerbate the 

problem of low catch rates. Limited 

opportunities to access the General 

category quota may have negative social 

and economic impacts to U.S. fishermen 

that depend on catching the available 

quota. For the General category, waiving 

of the November RFDs needs to be done 

as expeditiously as possible for the 

General category participants to be able 

to use the waived RFDs to take 

advantage of the adjusted retention 

limits and plan accordingly. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

and because this action relieves a 

restriction (i.e., waives a number of 

RFDs, thus increasing the opportunity to 

retain more fish), there is also good 

cause under 5 U.S.C. 553(d) to waive the 

30-day delay in effectiveness. 

This action is being taken under 50 

CFR 635.23(a)(4) and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: November 3, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–22363 Filed 11–8–05; 8:45 am] 

BILLING CODE 3510–22–S