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 

Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Rules and Regulations 69915 

reached on November 16, 2005. 

Accordingly, the commercial fishery for 

Gulf group king mackerel in the western 

zone is closed effective 12 noon, local 

time, November 17, 2005, through June 

30, 2006, the end of the fishing year. 

The boundary between the eastern and 

western zones is 87°31′06′′ W. long., 

which is a line directly south from the 

Alabama/Florida boundary. 

Except for a person aboard a charter 

vessel or headboat, during the closure, 

no person aboard a vessel for which a 

commercial permit for king mackerel 

has been issued may fish for Gulf group 

king mackerel in the EEZ in the closed 

zones or subzones. A person aboard a 

vessel that has a valid charter vessel/ 

headboat permit for coastal migratory 

pelagic fish may continue to retain king 

mackerel in or from the closed zones or 

subzones under the bag and possession 

limits set forth in 50 CFR 622.39(c)(1)(ii) 

and (c)(2), provided the vessel is 

operating as a charter vessel or 

headboat. A charter vessel or headboat 

that also has a commercial king 

mackerel permit is considered to be 

operating as a charter vessel or headboat 

when it carries a passenger who pays a 

fee or when there are more than three 

persons aboard, including operator and 

crew. 

During the closure, king mackerel 

from the closed zones or subzones taken 

in the EEZ, including those harvested 

under the bag and possession limits, 

may not be purchased or sold. This 

prohibition does not apply to trade in 

king mackerel from the closed zones or 

subzones that were harvested, landed 

ashore, and sold prior to the closure and 

were held in cold storage by a dealer or 

processor. 

Classification 

This action is required by 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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 prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action in 

order to protect the fishery since the 

capacity of the fishing fleet allows for 

rapid harvest of the quota. Prior notice 

and opportunity for public comment 

will require time and would potentially 

result in a harvest well in excess of the 

quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: November 15, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–22902 Filed 11–15–05; 2:16 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[I.D. 111405B] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Closure 

of the 2005 Tilefish Commercial 

Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Closure. 

SUMMARY: NMFS closes the commercial 

fishery for tilefish (goldface tilefish, 

blackline tilefish, anchor tilefish, 

blueline tilefish, and tilefish) in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico. NMFS has determined 

that the tilefish quota for the 

commercial fishery will have been 

reached by November 21, 2005. This 

closure is necessary to protect the 

tilefish resource. 

DATES: Closure is effective 12:01 a.m., 

local time, November 21, 2005, until 

12:01 a.m., local time, on January 1, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Jason Rueter, telephone 727–824–5350, 

fax 727–824–5308, e-mail 

Jason.Rueter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

and is implemented under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act by 

regulations at 50 CFR part 622. Those 

regulations set the commercial quota for 

tilefish in the Gulf of Mexico at 0.44 

million lb (200,000 kg) for the current 

fishing year, January 1 through 

December 31, 2005. 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect in 

the Federal Register. Based on current 

statistics, NMFS has determined that the 

available commercial quota of 0.44 

million lb (200,000 kg) for tilefish will 

be reached on or before November 21, 

2005. Accordingly, NMFS is closing the 

commercial tilefish fishery in the Gulf 

of Mexico EEZ from 12:01 a.m., local 

time, on November 21, 2005, until 12:01 

a.m., local time, on January 1, 2006. The 

operator of a vessel with a valid reef fish 

permit having tilefish aboard must have 

landed and bartered, traded, or sold 

such tilefish prior to 12:01 a.m., local 

time, November 21, 2005. 

During the closure, the bag and 

possession limits specified in 50 CFR 

622.39(b) apply to all harvest or 

possession of tilefish in or from the Gulf 

of Mexico EEZ, and the sale or purchase 

of tilefish taken from the EEZ is 

prohibited. The prohibition on sale or 

purchase does not apply to sale or 

purchase of tilefish that were harvested, 

landed ashore, and sold prior to 12:01 

a.m., local time, November 21, 2005, 

and were held in cold storage by a 

dealer or processor. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

finds that the need to immediately 

implement this action to close the 

fishery constitutes good cause to waive 

the requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(3)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. These procedures 

are unnecessary because the regulation 

requiring the closure has been subject to 

notice and comment, and all that 

remains is to notify the public of the 

closure. For these same reasons, there is 

good cause that the implementation of 

this action cannot be delayed for 30 

days. Accordingly, under 5 U.S.C. 

553(d)(3), a delay in the effective date is 

waived.