69912 Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Rules and Regulations 

In our proposal to list the Southern 

Resident DPS, we included information 

on potential physical and biological 

features that are essential to 

conservation and that may require 

special management considerations. We 

requested comments on the 

appropriateness of considering the 

suggested features to assist in 

developing a proposal for critical habitat 

designation. We have reviewed the 

comments provided and the best 

available scientific information on 

‘‘essential features’’, and will initiate 

rulemaking to designate critical habitat. 

Classification 

National Environmental Policy Act 

(NEPA) 

ESA listing decisions are exempt from 

the requirements to prepare an 

environmental assessment or 

environmental impact statement under 

the NEPA. See NOAA Administrative 

Order 216–6.03(e)(1) and Pacific Legal 

Foundation v. Andrus, 675 F. 2d 825 

(6th Cir. 1981). Thus, we have 

determined that the final listing 

determination for the Southern Resident 

killer whale DPS described in this 

notice is exempt from the requirements 

of the NEPA of 1969. 

Executive Order (E.O.) 12866, 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

As noted in the Conference Report on 

the 1982 amendments to the ESA, 

economic impacts cannot be considered 

when assessing the status of a species. 

Therefore, the economic analysis 

requirements of the Regulatory 

Flexibility Act are not applicable to the 

listing process. In addition, this rule is 

exempt from review under E.O. 12866. 

This proposed rule does not contain a 

collection-of-information requirement 

for the purposes of the Paperwork 

Reduction Act. 

E.O. 13084- Consultation and 

Coordination with Indian Tribal 

Governments 

E.O. 13084 requires that if NMFS 

issues a regulation that significantly or 

uniquely affects the communities of 

Indian tribal governments and imposes 

substantial direct compliance costs on 

those communities, NMFS must consult 

with those governments or the Federal 

government must provide the funds 

necessary to pay the direct compliance 

costs incurred by the tribal 

governments. This final rule does not 

impose substantial direct compliance 

costs on the communities of Indian 

tribal governments. Accordingly, the 

requirements of section 3(b) of E.O. 

13084 do not apply to this final rule. 

Nonetheless, we will continue to inform 

potentially affected tribal governments, 

solicit their input, and coordinate on 

future management actions. 

E.O. 13132 - Federalism 

E.O. 13132 requires agencies to take 

into account any federalism impacts of 

regulations under development. It 

includes specific directives for 

consultation in situations where a 

regulation will preempt state law or 

impose substantial direct compliance 

costs on state and local governments 

(unless required by statute). Neither of 

those circumstances is applicable to this 

final rule. In keeping with the intent of 

the Administration and Congress to 

provide continuing and meaningful 

dialogue on issues of mutual state and 

Federal interest, the proposed rule was 

provided to the relevant state agencies 

in each state in which the species is 

believed to occur, and these agencies 

were invited to comment. We have 

conferred with the State of Washington 

in the course of assessing the status of 

Southern Resident killer whales, and 

considered, among other things, state 

and local conservation measures. 

Washington has listed killer whales 

under the Washington Administrative 

Code 232–12–014 and is coordinating 

with us to develop a Conservation Plan. 

References 

A list of references cited in this notice 

is available upon request (see 

ADDRESSES) or via the Internet at http:// 

www.nwr.noaa.gov. Additional 

information, including agency reports 

and written comments, is also available 

at this Internet address. 

List of Subjects in 50 CFR Part 224 

Endangered marine and anadromous 

species. 

Dated: November 10, 2005. 

William T. Hogarth, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 224 is amended 

as follows: 

PART 224—ENDANGERED MARINE 

AND ANADROMOUS SPECIES 

■ 1. The authority citation for part 224 

continues to read as follows: 

Authority: 16 U.S.C. 1531–1543 and 16 

U.S.C. 1361 et seq. 

■ 2. In § 224.101, paragraph (b), add the 

following to the List of Endangered 

Marine and Anadromous Species, in 

alphabetical order under MARINE 

MAMMALS: 

§ 224.101 Enumeration of endangered 

marine and anadromous species. 

* * * * * 

(b) Marine mammals.* * * Killer 

whale (Orcinus orca), Southern 

Resident distinct population segment, 

which consists of whales from J, K and 

L pods, wherever they are found in the 

wild, and not including Southern 

Resident killer whales placed in 

captivity prior to listing or their captive 

born progeny; * * * 

* * * * * 

[FR Doc. 05–22859 Filed 11–17–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[I.D. 110905G] 

Fraser River Sockeye Salmon 

Fisheries; Inseason Orders 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

orders. 

SUMMARY: NMFS publishes the Fraser 

River salmon inseason orders regulating 

salmon fisheries in U.S. waters. The 

orders were issued by the Fraser River 

Panel (Panel) of the Pacific Salmon 

Commission (Commission) and 

subsequently approved and issued by 

NMFS during the 2005 salmon fisheries 

within the U.S. Fraser River Panel Area. 

These orders established fishing times 

and areas for the gear types of U.S. 

treaty Indian and all-citizen fisheries 

during the period the Panel exercised 

jurisdiction over these fisheries. 

DATES: Each of the following inseason 

actions was effective upon 

announcement on telephone hotline 

numbers as specified at 50 CFR 

300.97(b)(1); those dates and times are 

listed herein. Comments will be 

accepted through December 5, 2005. 

ADDRESSES: Comments may be mailed to 

D. Robert Lohn, Regional Administrator, 

Northwest Region, NMFS, 7600 Sand 

Point Way N.E., BIN C15700-Bldg. 1, 

Seattle, WA 98115–0070. Information 

relevant to this document is available 

for public review during business hours 

at the office of the Regional 

Administrator, Northwest Region, 

NMFS. 

Comments can also be submitted via 

e-mail at the 

Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Rules and Regulations 69913 

Fraser2005salmon.nwr@noaa.gov, or 

through the internet at the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

and include the I.D. number 110905G in 

the subject line of the message. 

Information relevant to this document is 

available for public review during 

business hours at the Office of the 

Regional Administrator, Northwest 

Region, NMFS. 

FOR FURTHER INFORMATION CONTACT: 

David Cantillon, (206) 526–4140. 

SUPPLEMENTARY INFORMATION: The 

Treaty between the Government of the 

United States of America and the 

Government of Canada concerning 

Pacific Salmon was signed at Ottawa on 

January 28, 1985, and subsequently was 

given effect in the United States by the 

Pacific Salmon Treaty Act (Act) at 16 

U.S.C. 3631–3644. 

Under authority of the Act, Federal 

regulations at 50 CFR part 300, subpart 

F provide a framework for 

implementation of certain regulations of 

the Commission and inseason orders of 

the Commission’s Fraser Panel for U.S. 

sockeye and pink salmon fisheries in 

the Fraser River Panel Area. 

The regulations close the U.S. portion 

of the Fraser River Panel Area to U.S. 

sockeye and pink salmon fishing unless 

opened by Panel orders which are given 

effect by inseason regulations published 

by NMFS. During the fishing season, 

NMFS may issue regulations that 

establish fishing times and areas 

consistent with the Commission 

agreements and inseason orders of the 

Panel. Such orders must be consistent 

with domestic legal obligations. The 

Regional Administrator, Northwest 

Region, NMFS, issues the inseason 

orders. Official notification of these 

inseason actions of NMFS is provided 

by two telephone hotline numbers 

described at 50 CFR 300.97(b)(1). 

Inseason orders must be published in 

the Federal Register as soon as 

practicable after they are issued (50 CFR 

300.97(b)(4)). Due to the frequency with 

which inseason orders are issued, 

publication of individual orders is 

impractical. Therefore, the 2005 orders 

are being published in this single 

document to avoid fragmentation. 

The following inseason orders were 

adopted by the Panel and issued for U.S. 

fisheries by NMFS during the 2005 

fishing season. The times listed are local 

times, and the areas designated are 

Puget Sound Management and Catch 

Reporting Areas as defined in the 

Washington State Administrative Code 

at Chapter 220–22: 

Order No. 2005-01: Issued 2 p.m., July 

29, 2005. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12:00 p.m. (noon) Monday, 

August 1, 2005, to 12 p.m. (noon), 

Wednesday, August 3, 2005. 

Order No. 2005-02: Issued 1 p.m., 

August 2, 2005. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon) 

Wednesday, August 3, 2005, to 12 p.m. 

(noon), Saturday, August 6, 2005. 

Order No. 2005-03: Issued 2 p.m., 

August 5, 2005. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon) Saturday, 

August 6, 2005, to 12 p.m. (noon), 

Monday, August 8, 2005. 

Order No. 2005-04: Issued 2 p.m., 

August 7, 2005. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon) Monday, 

August 8, 2005, to 12 p.m. (noon), 

Wednesday, August 10, 2005. 

Order No. 2005-05: Issued 2 p.m., 

August 9, 2005. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12:00 p.m. (noon) 

Wednesday, August 10, 2005, to 12 p.m. 

(noon), Saturday, August 13, 2005. 

Order No. 2005-06: Issued 1 p.m., 

August 12, 2005. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon) Saturday, 

August 13, 2005, to 12 p.m. (noon), 

Wednesday, August 17, 2005. 

Order No. 2005-07: Issued 2 p.m., 

August 19, 2005. 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon) Saturday, 

August 20, 2005, to 12 p.m. (noon), 

Tuesday, August 23, 2005. 

Order No. 2005-08: Issued 3:30 p.m., 

August 22, 2005. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon) Tuesday, 

August 23, 2005, to 12:00 p.m. (noon), 

Saturday, August 27, 2005. 

Areas 6, 7, and 7A: Open to net 

fishing from 5 a.m., Friday, August 26, 

2005, to 8 a.m., Saturday, August 27, 

2005. 

All Citizen Fisheries 

Areas 7 and 7A Gillnet: Open to 

fishing from 3 p.m. until 7 p.m. on 

Thursday, August 25, 2005. 

Areas 7 and 7A Reef Net: Open to 

fishing from 6 a.m. until 2 p.m. on 

Thursday, August 25, 2005. 

Order No. 2005-09: Issued 1:30 p.m., 

August 26, 2005. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m. (noon), Saturday, 

August 27, 2005, to 12 p.m. (noon) 

Tuesday, August 30, 2005. 

Areas 6, 7, and 7A: Open to net 

fishing from 8 a.m., Saturday, August 

27, 2005, to 9 p.m., Sunday, August 28, 

2005. 

All Citizen Fisheries 

Areas 7 and 7A Gillnet: Open to 

fishing from 2 p.m. until 8 p.m. on 

Monday, August 29, 2005. 

Areas 7 and 7 Purse Seine: Open to 

fishing from 8 a.m. until 6 p.m. on 

Monday, August 29, 2005. 

Areas 7 and 7A Reef Net: Open to 

fishing from 12 p.m. (noon) until 6 p.m. 

on Monday, August 29, 2005. 

Order No. 2005-10: Issued 12 p.m., 

September 2, 2005. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 4 a.m., Saturday, 

September 3, 2005, to 12 p.m. (noon) 

Wednesday, September 7, 2005. 

Areas 6, 7, and 7A: Open for drift 

gillnets and purse seines from 4 a.m., 

Saturday, September 3, 2005, to 9 p.m. 

Monday, September 5, 2005, in the area 

southerly and easterly of a straight line 

drawn from Iwersen’s dock on Point 

Roberts in the State of Washington to 

the Georgina Point Light at the entrance 

to Active Pass in the Province of British 

Columbia. 

All Citizen Fisheries 

Areas 7 and 7A Gillnet: Open to 

fishing from 8 a.m. until 11:59 p.m. 

(Midnight) on Tuesday, September 6, 

2005, in the area southerly and easterly 

of a straight line drawn from Iwersen’s 

dock on Point Roberts in the State of 

Washington to the Georgina Point Light 

at the entrance to Active Pass in the 

Province of British Columbia. 

Areas 7 and 7A Purse Seine: Open to 

fishing from 5 a.m. until 9 p.m. on 

Tuesday, September 6, 2005, in the area 

southerly and easterly of a straight line 

drawn from Iwersen’s dock on Point 

Roberts in the State of Washington to 

the Georgina Point Light at the entrance 

to Active Pass in the Province of British 

Columbia. 

69914 Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Rules and Regulations 

Order No. 2005-11: Issued 4 p.m., 

September 6, 2005. 

All Citizen Fisheries 

Areas 7 and 7A Gillnet: Open to 

fishing from 8 a.m. until 11:59 p.m. 

(Midnight) on both Wednesday, 

September 7, and Friday, September 9, 

2005. 

Areas 7 and 7A Purse Seine: Open to 

fishing from 5 a.m. until 9 p.m. on both 

Wednesday, September 7, and Friday, 

September 9, 2005. 

Areas 7 and 7A Reef Net: Open to 

fishing from 5 a.m. until 9 p.m. on both 

Wednesday, September 7, and Friday, 

September 9, 2005. 

Order No. 2005-12: Issued 12 p.m., 

September 9, 2005. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 5 a.m., Saturday, 

September 10, 2005, to 9 p.m. Monday, 

September 12, 2005. 

Areas 6, 7, and 7A: Open for drift 

gillnets and purse seines from 5 p.m., 

Saturday, September 10, 2005, to 9 p.m. 

Monday, September 12, 2005. 

All Citizen Fisheries 

Areas 7 and 7A Gillnet: Open to 

fishing from 8 a.m. until 11:59 p.m. 

(Midnight) on both Tuesday, September 

13, and Wednesday, September 14, 

2005. 

Areas 7 and 7A Purse Seine: Open to 

fishing from 5 a.m. until 9 p.m. on both 

Tuesday, September 13, and 

Wednesday, September 14, 2005. 

Areas 7 and 7A Reef Net: Open to 

fishing from 5 a.m. until 9 p.m. on both 

Tuesday, September 13, and 

Wednesday, September 14, 2005. 

Order No. 2005-13: Issued 12 p.m., 

September 12, 2005. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Relinquish 

regulatory control effective 12:01 a.m., 

Tuesday, September 13, 2005.Order No. 

2005-14: Issued 12 p.m., September 16, 

2005. 

The Fraser River Panel approved the 

following relinquishment of regulatory 

control in U.S. Puget Sound Panel 

waters: 

Areas 6, 6A, and 7: Relinquish 

regulatory control effective 12:01 a.m., 

Saturday, September 17, 2005. 

Area 7A: Relinquish regulatory 

control in that portion of Area 7A lying 

east and south of a straight line drawn 

from the low water range marker in 

Boundary Bay on the International 

Boundary through the east tip of Point 

Roberts in the State of Washington to 

the East Point Light on Saturna Island 

in the province of British Columbia, 

Canada, effective 12:01 a.m., Saturday, 

September 17, 2005. 

The Assistant Administrator for 

Fisheries NOAA (AA), finds that good 

cause exists for the inseason orders to be 

issued without affording the public 

prior notice and opportunity for 

comment under 5 U.S.C. 553(b)(B) as 

such prior notice and opportunity for 

comments is impracticable and contrary 

to the public interest. Prior notice and 

opportunity for public comment is 

impracticable because NMFS has 

insufficient time to allow for prior 

notice and opportunity for public 

comment between the time the stock 

abundance information is available to 

determine how much fishing can be 

allowed and the time the fishery must 

open and close in order to harvest the 

appropriate amount of fish while they 

are available. 

Moreover, such prior notice and 

opportunity for public comment is 

impracticable because not closing the 

fishery upon attainment of the quota 

would allow the quota to be exceeded 

and thus compromise the conservation 

objectives established preseason, and it 

does not allow fishers appropriately 

controlled access to the available fish at 

the time they are available. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date, required under 5 U.S.C. 553(d)(3), 

of the inseason orders. A delay in the 

effective date of the inseason orders 

would not allow fishers appropriately 

controlled access to the available fish at 

that time they are available. 

This action is authorized by 50 CFR 

300.97, and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 3636(b). 

Dated: November 14, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–22862 Filed 11–17–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[I.D. 111505B] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Closure. 

SUMMARY: NMFS closes the commercial 

fishery for king mackerel in the 

exclusive economic zone (EEZ) in the 

western zone of the Gulf of Mexico. This 

closure is necessary to protect the Gulf 

king mackerel resource. 

DATES: The closure is effective 12 noon, 

local time, November 17, 2005, through 

June 30, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, 727–824–5305, fax: 

727–824–5308, e-mail: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, NMFS implemented 

a commercial quota for the Gulf of 

Mexico migratory group of king 

mackerel in the western zone of 1.01 

million lb (0.46 million kg) (66 FR 

17368, March 30, 2001). 

Under 50 CFR 622.43(a), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined the 

commercial quota of 1.01 million lb 

(0.46 million kg) for Gulf group king 

mackerel in the western zone will be