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. 

69916 Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Rules and Regulations 

This action is required by 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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. 05–22901 Filed 11–15–05; 2:16 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 050426117-5117-01; I.D. 

110905D] 

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action #9 

- Adjustment of the Recreational 

Fishery from Leadbetter Point, 

Washington, to Cape Falcon, Oregon 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

fishing seasons; request for comments. 

SUMMARY: NMFS announces a regulatory 

modification in the recreational fishery 

from Leadbetter Point, WA, to Cape 

Falcon, OR (Columbia River Subarea). 

Effective Friday, September 9, 2005, the 

daily bag limit for the Columbia River 

Subarea was modified as follows: ‘‘All 

salmon, except no Chinook retention, 

two fish per day, all retained coho must 

have a healed adipose fin clip.’’ All 

other restrictions remain in effect as 

announced for 2005 ocean salmon 

fisheries, and by previous inseason 

actions. This action was necessary to 

conform to the 2005 management goals, 

and the intended effect is to allow the 

fishery to operate within the seasons 

and quotas specified in the 2005 annual 

management measures. 

DATES: Effective 0001 hours local time 

(l.t.), Friday, September 9, 2005, until 

either the overall Chinook quota or coho 

quota is taken, or 2359 hours l.t., 

September 30, 2005, whichever is 

earlier; after which the fishery will 

remain closed until opened through an 

additional inseason action for the west 

coast salmon fisheries, which will be 

published in the Federal Register, or 

until the effective date of the next 

scheduled open period announced in 

the 2005 annual management measures. 

Comments will be accepted through 

December 5, 2005. 

ADDRESSES: Comments on this action 

must be mailed to D. Robert Lohn, 

Regional Administrator, Northwest 

Region, NMFS, NOAA, 7600 Sand Point 

Way N.E., Bldg. 1, Seattle, WA 98115–

0070; or faxed to 206-526-6376; or Rod 

McInnis, Regional Administrator, 

Southwest Region, NMFS, NOAA, 501 

W. Ocean Blvd., Suite 4200, Long 

Beach, CA 90802–4132; or faxed to 562–

980–4018. Comments can also be 

submitted via e-mail at the 

2005salmonIA9.nwr@noaa.gov address, 

or through the internet at the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments, 

and include [050426117–5117–01 and/ 

or I.D. 110905D] 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: 

Christopher Wright, 206–526–6140. 

SUPPLEMENTARY INFORMATION: The 

NMFS Regional Administrator (RA) has 

adjusted the recreational fishery from 

Leadbetter Point, WA, to Cape Falcon, 

OR (Columbia River Subarea), with one 

regulatory modification. On September 

7, 2005, the Regional Administrator 

determined that the Chinook catch was 

near the overall Chinook quota and that 

the Columbia River Subarea Chinook 

guideline had been achieved. Therefore, 

effective Friday, September 9, 2005, the 

daily bag limit for the Columbia River 

Subarea was modified as follows: ‘‘All 

salmon, except no Chinook retention, 

two fish per day, all retained coho must 

have a healed adipose fin clip.’’

All other restrictions remain in effect 

as announced for 2005 ocean salmon 

fisheries, and by previous inseason 

actions. This action was necessary to 

conform to the 2005 management goals, 

and the intended effect is to allow the 

fishery to operate within the seasons 

and quotas specified in the 2005 annual 

management measures. An inseason 

conference call was scheduled on 

Tuesday, September 13, 2005, to 

evaluate the status of the catch from the 

U.S.-Canada Border to Cape Falcon, 

Oregon, and make any inseason actions 

if warranted. Modification of the species 

that may be caught and landed during 

specific seasons and the establishment 

or modification of limited retention 

regulations is authorized by regulations 

at 50 CFR 660.409(b)(1)(ii). Modification 

in recreational bag limits and 

recreational fishing days per calendar 

week is authorized by regulations at 50 

CFR 660.409 (b)(1)(iii). 

In the 2005 annual management 

measures for ocean salmon fisheries (70 

FR 23054, May 4, 2005), NMFS 

announced the recreational fisheries: 

the area from the U.S.-Canada Border to 

Cape Alava, WA (Neah Bay Subarea) 

opened July 1 through the earlier of 

September 18 or a 12,667 marked coho 

subarea quota with a subarea guideline 

of 4,300 Chinook; the area from Cape 

Alava to Queets River, WA (La Push 

Subarea) opened July 1 through the 

earlier of September 18 or a 3,067 

marked coho subarea quota with a 

subarea guideline of 1,900 Chinook; the 

area from Queets River to Leadbetter 

Point, WA (Westport Subarea) opened 

June 26 through the earlier of September 

18 or a 45,066 marked coho subarea 

quota with a subarea guideline of 28,750 

Chinook; the area from Leadbetter Point, 

WA to Cape Falcon, OR (Columbia River 

Subarea) opened July 3 through the 

earlier of September 30 or a 60,900- 

marked coho subarea quota with a 

subarea guideline of 8,200 Chinook. The 

Neah Bay and La Push Subareas were 

opened Tuesday through Saturday, and 

the Westport and Columbia River 

Subareas were opened Sunday through 

Thursday. All subareas had a provision 

specifying that there may be a 

conference call no later than July 27 to 

consider opening seven days per week. 

All subareas were restricted to a 

Chinook minimum size limit of 24 

inches (61.0 cm) total length. In 

addition, all of the subarea bag limits 

were for all salmon, two fish per day, no 

more than one of which may be a 

Chinook, with all retained coho 

required to have a healed adipose fin 

clip. 

The recreational fisheries in the area 

from Cape Alava, WA, to Cape Falcon, 

OR (La Push, Westport, and Columbia 

River Subareas), were modified by 

Inseason Action #5 (70 FR 47727, 

August 15, 2005), effective Friday, July 

29, 2005, to be open seven days per 

week, with a modified daily bag limit as 

follows: ‘‘All salmon, two fish per day, 

and all retained coho must have a 

healed adipose fin clip.’’ All other 

restrictions remain in effect as 

announced for 2005 Ocean Salmon 

Fisheries. 

The recreational fishery from the U.S.- 

Canada Border to Cape Alava, WA 

(Neah Bay Subarea), was modified by 

Inseason Action #6 (70 FR 52035, 

September 1, 2005), effective Tuesday, 

August 16, 2005, to a have a daily bag 

limit as follows: ‘‘All salmon, two fish 

per day, and all retained coho must 

have a healed adipose fin clip.’’ All 

other restrictions remain in effect as