Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations 70553 

typically generates 4,000 to 5,000 metric 

tons of tuna valued at between $4 and 

$5 million per year. The closure should 

not significantly affect their operations 

as they are capable of fishing in other 

areas that would remain open. 

The 2004 IATTC Tuna Convention 

Resolution offers each country a choice 

for closing the fishery for a 6–week 

period beginning either August 1 or 

November 20, of each of the years in 

2004, 2005, and 2006. NMFS considered 

the alternative of the 6–week closure 

beginning on August 1, but based on 

public comments on the proposed rule 

in 2005, NMFS chose the 6–week 

closures to begin on November 20, 2005 

and November 20, 2006. In particular, 

the U.S. purse seine fleet prefers a 

closure later in the fishing year because 

the winter weather is not conducive to 

fishing. Also, throughout the history of 

this fishery shipyards are prepared to 

accept vessels for scheduled repairs 

during the winter months. The fishery 

closure later in the year allows the 

industry to plan for and mitigate 

economic impacts while still providing 

the conservation benefits to the tuna 

resources in the ETP. NMFS also 

considered the ‘‘no action’’ alternative 

of not implementing a purse seine 

closure, which would have imposed no 

economic costs on small entities. 

However, failure to implement measures 

that have been agreed on pursuant to 

this Convention would violate the 

United States’ obligations under the 

Convention and the Tuna Conventions 

Act. 

The U.S. longline fishery for bigeye 

tuna in the ETP is relatively small. 

Vessels in the fishery are characterized 

as small business entities, the majority 

of which are based in Hawaii. The 

Hawaii fleet (approximately 120 active 

vessels) has pursued a mix of swordfish 

targeting, tuna targeting, and mixed trip 

fishing. While the fleet usually fishes 

west of the ETP, there have been trips 

into the ETP or in which a portion of the 

effort was deployed in the ETP. Based 

on logbook data analyses, NMFS has 

determined that the catch of bigeye in 

the ETP in 2001 was 150 mt. In 2003, 

a total of 49 Hawaii and California based 

longline vessels made 92 whole or 

partial trips east of 150° W. long. 

landing 232 mts of bigeye tuna. In 2004, 

52 longline vessels made 87 whole or 

partial trips landing 158 mts of bigeye 

tuna. NMFS recognizes that this closure 

places a hardship on this fishery. 

Overall, a closure should not 

significantly affect their operations as 

they are capable of fishing in other areas 

that would remain open, outside the 

boundaries of the IATTC Convention 

Area. NMFS recognizes that this closure 

places a further hardship on the West 

Coast fishery because of the difficulties 

involved in traveling outside the 

boundaries of the IATTC Convention 

Area for bigeye tuna. 

NMFS considered the ‘‘no action’’

alternative of not implementing the 

longline closure provided in the 2004 

IATTC Tuna Convention Resolution. 

This alternative would have imposed no 

economic costs on small entities. 

However, failure to implement measures 

that have been agreed on pursuant to 

this Convention would violate the 

United States’ obligations under the 

Convention, and would violate the Tuna 

Conventions Act. The IATTC did not 

provide for alternatives in setting the 

150 mt bigeye quota, which was 

approved by the DOS. As a result, 

NMFS has no discretion to refrain from 

promulgating the quota. Further, the 

Tuna Conventions Act does not provide 

authority for the Untied States to take 

independent action to conserve and 

manage fisheries subject to management 

under the IATTC Convention. 

For both the purse seine and the 

longline tuna fisheries, the closures will 

have a temporary impact as vessels can 

return to the fishery on January 1. 

This rule does not impose any new 

reporting or recordkeeping 

requirements. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

Authority: 16 U.S.C. 951–962. and 971 et 

seq. 

Dated: November 15, 2005. 

James W. Balsiger, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 05–22991 Filed 11–17–05; 1:24 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

111705A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher/Processor Vessels Using Pot 

Gear in the Bering Sea and Aleutian 

Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher/ 

processor vessels using pot gear in the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2005 

total allowable catch (TAC) of Pacific 

cod specified for catcher/processor 

vessels using pot gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), November 17, 2005, until 

2400 hrs, A.l.t., December 31, 2005. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens 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. 

The 2005 Pacific cod TAC allocated to 

catcher/processor vessels using pot gear 

in the BSAI is 3,352 metric tons as 

established by the 2005 and 2006 final 

harvest specifications for groundfish in 

the BSAI (70 FR 8979, February 24, 

2005) and the reallocation on October 5, 

2005 (70 FR 58983, October 11, 2005). 

See § 679.20(c)(3)(iii) and (c)(5), and 

(a)(7)(i)(C). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2005 

Pacific cod TAC allocated to catcher/ 

processor vessels using pot gear in the 

BSAI will soon be reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher/processor vessels using pot gear 

in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 

70554 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations 

data in a timely fashion and would 

delay the closure of Pacific cod by 

catcher/processor vessels using pot gear 

in the BSAI. 

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: November 17, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–23095 Filed 11–17–05; 1:32 pm] 

BILLING CODE 3510–22–S