71242 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2) of the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: a. Does not have an annual 

effect on the economy of $100 million; 

b. will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and c. does not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

This determination is based upon the 

fact that the State submittal which is the 

subject of this rule is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 934 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: September 29, 2005. 

Allen D. Klein, 

Regional Director, Western Regional. 

■ For the reasons set out in the 

preamble, 30 CFR part 934 is amended 

as set forth below: 

PART 934—North Dakota 

■ 1. The authority citation for part 934 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 934.15 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of Final 

Publication’’ to read as follows: 

§ 934.15 Approval of North Dakota 

regulatory program amendments. 

* * * * * 

Original amendment submission date Date of final publication Citation/description 

* * * * * * * 

April 20, 2005 .................................................... November 28, 2005 .......................................... NDCC 38–14.1–17.1.a and 2005b. 

[FR Doc. 05–23324 Filed 11–25–05; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 050426117–5117–01; I.D. 

110905E] 

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action #10 

- 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 17, 2005, 

the daily bag limit for the Columbia 

River Subarea was modified as follows: 

‘‘All Salmon, 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: Modification in the recreational 

fishery from Leadbetter Point, WA to 

Cape Falcon, OR is effective 001 hours 

local time (l.t.) Friday, September 17, 

2005, until the next scheduled open 

period, which will be announced in a 

future publication in the Federal 

Register. 

Comments will be accepted through 

December 13, 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 

2005salmonIA10.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. 110905E] in the subject line of 

the message. Information relevant to this 

document is available for public review 

during business hours at the Office of 

Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 71243 

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 

13, 2005, the Regional Administrator 

determined that the Chinook catch rate 

was slower than anticipated and that 

there was sufficient Chinook quota 

remaining to allow relaxation of the 

daily bag limit. Therefore, effective 

Friday, September 17, 2005, the daily 

bag limit for the Columbia River 

Subarea was modified as follows: ‘‘All 

Salmon, 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. 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 ι5 (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 remained 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 remained 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 #8 (70 FR 55303, 

September 21, 2005), effective Tuesday, 

August 30, 2005, to be open seven days 

per week. All other restrictions 

remained in effect as announced for 

2005 ocean salmon fisheries, and by 

previous inseason actions. 

The Recreational Fishery from 

Leadbetter Point, WA to Cape Falcon, 

OR (Columbia River Subarea), was 

modified by Inseason Action #9 (70 FR 

, 69916, November 18, 2005), effective 

Friday, September 9, 2005, to have a 

daily bag limit 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 remained in effect as 

announced for 2005 ocean salmon 

fisheries, and by previous inseason 

actions. 

On September 13, 2005, the RA 

consulted with representatives of the 

Pacific Fishery Management Council, 

Washington Department of Fish and 

Wildlife, and Oregon Department of 

Fish and Wildlife by conference call. 

Information related to catch to date, the 

Chinook and coho catch rates, and effort 

data indicated that the Chinook catch 

rate was slower than anticipated and 

that there was sufficient Chinook quota 

remaining to relax the daily bag limit. 

As a result, on September 13, 2005, the 

states recommended, and the RA 

concurred, that effective Friday, 

September 17, 2005, the Columbia River 

Subarea would be modified to have a 

daily bag limit as follows: ‘‘All Salmon, 

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. 

The RA determined that the best 

available information indicated that the 

catch and effort data, and projections, 

supported the above inseason action 

recommended by the states. The states 

manage the fisheries in state waters 

adjacent to the areas of the U.S. 

exclusive economic zone in accordance 

with this Federal action. As provided by 

the inseason action procedures of 50 

CFR 660.411, actual notice to fishers of 

the already described regulatory action 

was given, prior to the date the action 

was effective, by telephone hotline 

number 206–526–6667 and 800–662–

9825, and by U.S. Coast Guard Notice to 

Mariners broadcasts on Channel 16 

VHF-FM and 2182 kHz. 

This action does not apply to other 

fisheries that may be operating in other 

areas. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that good 

cause exists for this notification to be 

issued without affording prior notice 

and opportunity for public comment 

under 5 U.S.C. 553(b)(B) because such 

notification would be impracticable. As 

previously noted, actual notice of the 

regulatory action was provided to 

fishers through telephone hotline and 

radio notification. This action complies 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (70 FR 23054, May 4, 2005), 

the West Coast Salmon Plan, and 

regulations implementing the West 

Coast Salmon Plan 50 CFR 660.409 and 

660.411. Prior notice and opportunity 

for public comment was impracticable 

because NMFS and the state agencies 

had insufficient time to provide for 

prior notice and the opportunity for 

public comment between the time the 

fishery catch and effort data were 

collected to determine the extent of the 

fisheries, and the time the fishery 

71244 Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations 

modifications had to be implemented in 

order to allow fishers access to the 

available fish at the time the fish were 

available. The AA also finds good cause 

to waive the 30–day delay in 

effectiveness required under U.S.C. 

553(d)(3), as a delay in effectiveness of 

this action would unnecessarily limit 

fishers appropriately controlled access 

to available fish during the scheduled 

fishing season by unnecessarily 

maintaining a restriction. The action 

allowed fishers to land up to two of any 

species of salmon, previously Chinook 

salmon could not be retained. 

This action is authorized by 50 CFR 

660.409 and 660.411 and is exempt from 

review under Executive Order 12866. 

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

Dated: November 18, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–23284 Filed 11–25–05; 8:45 am] 

BILLING CODE 3510–22–S