Magnuson-Stevens Act Provisions; Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Inseason Adjustments; Correction, 61062-61067 [05-21088]

Download as PDF 61062 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations urbanized areas: New York, NY; Los Angeles, CA; Chicago, IL; Philadelphia, PA: San Francisco, CA; Detroit, MI; Boston, MA; Houston, TX; Washington, DC; Dallas-Fort Worth, TX; Miami, FL; Cleveland, OH; St. Louis, MO; Atlanta, GA; Pittsburgh, PA; Baltimore, MD; Minneapolis-St. Paul, MN; Seattle, WA; San Diego, CA; and Tampa-St. Petersburg, FL. The coordinates for the centers of these areas are those referenced in § 90.635, except that the coordinates (referenced to North American Datum 1983 (NAD83)) for Tampa-St. Petersburg are latitude 28°00′1.1″ N, longitude 82°26′59.3″ W. * * * * * (a) The effective radiated power and antenna height for base stations may not exceed 1 kilowatt (30 dBw) and 304 m. (1,000 ft.) above average terrain (AAT), respectively, or the equivalent thereof as determined from the Table. These are maximum values, and applicants will be required to justify power levels and antenna heights requested. (b) The maximum output power of the transmitter for mobile stations is 100 watts (20 dBw). TABLE.—EQUIVALENT POWER AND ANTENNA HEIGHTS FOR BASE STATIONS IN THE 851–869 MHZ AND 935–940 MHZ BANDS WHICH HAVE A REQUIREMENT FOR A 32 KM (20 MI) SERVICE AREA RADIUS Antenna height (ATT) meters (feet) Effective radiated power (watts) 1 2 4 Above 1,372 (4,500) ............. Above 1,220 (4,000) to 1,372 (4,500) ............................... Above 1,067 (3,500) to 1,220 (4,000) ............................... Above 915 (3,000) to 1,067 (3,500) ............................... Above 763 (2,500) to 915 (3,000) ............................... Above 610 (2,000) to 763 (2,500) ............................... Above 458 (1,500) to 610 (2,000) ............................... Above 305 (1,000) to 458 (1,500) ............................... Up to 305 (1,000) ................. 65 70 75 100 140 200 350 600 3 1,000 1 Power is given in terms of effective radiated power (ERP). 2 Applicants in the Los Angeles, CA, area who demonstrate a need to serve both the downtown and fringe areas will be permitted to utilize an ERP of 1 kw at the following mountaintop sites: Santiago Park, Sierra Peak, Mount Lukens, and Mount Wilson. 15:59 Oct 19, 2005 Jkt 208001 I § 90.658 I [Removed] 27. Section 90.653 is removed. [Removed] 28. Section 90.658 is removed. § 90.693 [Removed] 29. Section 90.693 is amended by revising paragraphs (b) and (c) to read as follows: I * Limitations on power and antenna VerDate Aug<31>2005 § 90.653 § 90.693 Grandfathering provisions for incumbent licensees. 26. Section 90.635 is revised read as follows: I § 90.635 height. 3 Stations with antennas below 305 m (1,000 ft) (AAT) will be restricted to a maximum power of 1 kw (ERP). 4 Licensees in San Diego, CA, will be permitted to utilize an ERP of 500 watts at the following mountaintop sites: Palomar, Otay, Woodson and Miguel. * * * * (b) Spectrum blocks A through V. An incumbent licensee’s service area shall be defined by its originally licensed 40 dBµV/m field strength contour and its interference contour shall be defined as its originally-licensed 22 dBµV/m field strength contour. The ‘‘originallylicensed’’ contour shall be calculated using the maximum ERP and the actual height of the antenna above average terrain (HAAT) along each radial. Incumbent licensees are permitted to add, remove or modify transmitter sites within their original 22 dBµV/m field strength contour without prior notification to the Commission so long as their original 22 dBµV/m field strength contour is not expanded. Incumbent licensee protection extends only to its 40 dBµV/m signal strength contour. Pursuant to the minor modification notification procedures set forth in 1.947(b), the incumbent licensee must notify the Commission within 30 days of any change in technical parameters for stations that are authorized under a waiver of 90.621(b)(4), or that are authorized under 90.621(b)(5). (c) Special provisions for spectrum blocks F1 through V. Incumbent licensees that have received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBµV/m signal strength interference contour shall have their service area defined by their originally-licensed 36 dBµV/m field strength contour and their interference contour shall be defined as their originally-licensed 18 dBµV/m field strength contour. The ‘‘originallylicensed’’ contour shall be calculated using the maximum ERP and the actual HAAT along each radial. Incumbent licensees seeking to utilize an 18 dBµV/ m signal strength interference contour shall first seek to obtain the consent of affected co-channel incumbents. When PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 the consent of a co-channel licensee is withheld, an incumbent licensee may submit to any certified frequency coordinator an engineering study showing that interference will not occur, together with proof that the incumbent licensee has sought consent. Incumbent licensees are permitted to add, remove or modify transmitter sites within their original 18 dBµV/m field strength contour without prior notification to the Commission so long as their original 18 dBµV/m field strength contour is not expanded. Incumbent licensee protection extends only to its 36 dBµV/m signal strength contour. Pursuant to the minor modification notification procedures set forth in 1.947(b), the incumbent licensee must notify the Commission within 30 days of any change in technical parameters for stations that are authorized under a waiver of 90.621(b)(4), or that are authorized under 90.621(b)(5). * * * * * § 90.737 I [Removed] 30. Section 90.737 is removed. 31. Section 90.743 is amended by revising paragraphs (a) introductory text and (c) to read as follows: I § 90.743 Renewal expectancy. (a) All licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of § 1.949 of this chapter. Licensees must demonstrate, in their application, that: * * * * * (c) Phase I non-nationwide licensees have license terms of 10 years, and therefore must meet these requirements 10 years from the date of initial authorization in order to receive a renewal expectancy. Phase I nationwide licensees and all Phase II licensees have license terms of 10 years, and therefore must meet these requirements 10 years from the date of initial authorization in order to receive a renewal expectancy. [FR Doc. 05–20927 Filed 10–19–05; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\20OCR1.SGM 20OCR1 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 051014263-5263-01; I.D. 093005A] RIN 0648 AU00 Magnuson-Stevens Act Provisions; Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Inseason Adjustments; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendment. AGENCY: SUMMARY: This document contains corrections to the inseason adjustments that became effective on October 1, 2005. The inseason adjustment contained an error in the limited entry trawl trip limit table, Table 3 (South), on page 58076. The trip limit for petrale sole on line 16 should have been closed only south of 38° N. lat., as stated in the preamble, rather than south of 40°10′ N. lat. as depicted in the table. These regulations implemented changes to the 2005–2006 fishery specifications and management measures for groundfish taken in the U.S. exclusive economic zone off the coasts of Washington, Oregon, and California. DATES: Effective 0001 hours (local time) October 1, 2005. FOR FURTHER INFORMATION CONTACT: Jamie Goen (Northwest Region, NMFS), phone: 206–526–4646; fax: 206–526– 6736 and; e-mail: jamie.goen@noaa.gov. SUPPLEMENTARY INFORMATION: Electronic Access This correcting notification also is accessible via the Internet at the Office of the Federal Register’s website at http://www.gpoaccess.gov/fr/ index.html. Background information and documents are available at the NMFS Northwest Region website http:// www.nwr.noaa.govlsustfsh/gdfsh01.htm and at the Council’s website at http:// www.pcouncil.org. Background The regulations that are the subject of this correction are at 50 CFR 660, subpart G. These regulations affect persons operating in the limited entry trawl fishery for groundfish species off the U.S. West Coast. VerDate Aug<31>2005 15:59 Oct 19, 2005 Jkt 208001 Need for Correction As published, the inseason adjustment contained an error which needs to be corrected. This action provides one correction to the inseason adjustment. The inseason adjustment published in the Federal Register on October 5, 2005 (70 FR 58066), contained an error in the limited entry trawl trip limit table, Table 3 (South), on page 58076. The trip limit for petrale sole on line 16 should have been closed only south of 38° N. lat., as stated in the preamble, rather than south of 40°10′ N. lat. as depicted in the table. As stated in the preamble to the inseason adjustment (70 FR 58066, October 5, 2005), the Pacific Fishery Management Council (Pacific Council) recommended at its September 18–23, 2005, meeting in Portland, OR, that NMFS implement a seaward limited entry trawl Rockfish Conservation Area (RCA) boundary line approximating the 250–fm (457-m) depth contour coastwide in order to nearly eliminate the catch of petrale sole. However, NMFS was not able to implement this line south of 38° N. lat. to the U.S./ Mexico border because there are no coordinates for this line in Federal regulations. In order to be used as boundary lines for inseason groundfish management, coordinates must be published in Federal regulations at 50 CFR Part 660. Therefore, in order to implement the intent of the Pacific Council recommendation as much as possible, NMFS implemented a boundary line approximating the 200– fm (366–m) depth contour and a prohibition on the retention of petrale sole in this area during October. Because there is catch of petrale between 200–fm (366–m) and 250–fm (457–m), including some targeting on petrale sole, moving the RCA boundary line from 150–fm (274–m) to 200–fm (366–m) for October through December would likely not keep total catch of petrale sole within its ABC/OY for the year. A reduction of the petrale sole trip limit during the middle of a cumulative trip limit period (in this case, September through October) would make enforcement of such limits difficult. Mid-cumulative trip limit reductions are difficult to enforce because some fishers may have already achieved the higher limits earlier in the period while others who have not achieved their limit previously are restricted to the lower limits. It is difficult to query a paperbased fish landing ticket system midcumulative limit period to see if a fisher is in violation. Thus, NMFS determined that a closure is the best method for achieving the goals of this action. PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 61063 Therefore, in addition to the line change, NMFS also implemented a prohibition on the retention of petrale sole between 38° N. lat. and the U.S./ Mexico border during the month of October in order to prevent targeting on petrale sole. During November and December, the Pacific Council recommendation of decreasing the trip limit for petrale sole to 2,000 lb (0.9 mt) per 2 months was determined to be sufficient to allow retention of incidentally caught petrale sole while not encouraging targeting. Therefore, while the analysis suggested a prohibition on the retention of petrale sole between 38° N. lat. and the U.S./ Mexico border during the month of October, the trip limit table, Table 3 (South), mistakenly showed the prohibition on the retention of petrale sole between 40°10′ N. lat. and the U.S./ Mexico border during the month of October. This was an inadvertent mistake resulting from the design of the trip limit table (i.e., trip limits for a species in Table 3 (South) apply between 40°10′ N. lat. and the U.S./ Mexico border unless otherwise stated). The prohibition on retention of petrale sole should have been stated within that table as applying south of 38° N. lat. Without a correction to Federal regulations, this fishery would be closed between 38° N. lat. and 40°10′ N. lat., which is inconsistent with the intent of the Pacific Council and NMFS. Between 38° N. lat. and 40°10′ N. lat., the limited entry trawl RCA, which extends from the shoreline to 250–fm (457–m), as well as the reduced petrale sole trip limits for November and December, are expected to sufficiently reduce the take of petrale sole to near zero through the end of the year. For these reasons, NMFS is amending Federal regulations to correctly prohibit the retention of petrale sole between 38° N. lat. and the U.S./Mexico border during the month of October in the trip limit table, Table 3 (South). Classification The Assistant Administrator (AA) for Fisheries, NOAA, finds good cause to waive the requirement to provide prior notice and opportunity for public comment on this action pursuant to 5 U.S.C. 553(b)(B), because providing prior notice and opportunity for comment would be contrary to the public interest. The correction is to indicate that participants in the limited entry trawl fishery are prohibited from retaining petrale sole between 38° N. lat. and the U.S./Mexico border during the month of October in the trip limit table, Table 3 (South). NMFS had mispublished this closure in its inseason E:\FR\FM\20OCR1.SGM 20OCR1 61064 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations adjustment for this action (70 FR 58066, October 5, 2005). Prior notice and opportunity for comment would contravene the intent of this action, which was to allow fishing for petrale sole between 40°10′ N. lat. and 38° N. lat. during October 2005. Providing prior notice and opportunity for comment would cost fishermen in lost fishing opportunity during October and to compound this loss by going through prior notice and opportunity for comment would in effect make the action meaningless. Therefore, it is contrary to the public interest to provide prior notice and an opportunity for public comment on this correction. For these reasons, the AA finds also finds good cause to waive the 30-day VerDate Aug<31>2005 15:59 Oct 19, 2005 Jkt 208001 delay in effectiveness requirement under 5 U.S.C. 553(d)(3). List of Subjects in 50 CFR Part 660 PART 660—FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC Administrative practice and procedure, American Samoa, Fisheries, Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, Reporting and recordkeeping requirements. I Dated: October 17, 2005. James W. Balsiger, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. BILLING CODE 3510–22–S l. The authority citation for part 660 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 2. In part 660, subpart G, Table 3 (South) is revised to read as follows: I Accordingly, 50 CFR part 660 is corrected by making the following correcting amendments: I PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM 20OCR1 VerDate Aug<31>2005 15:59 Oct 19, 2005 Jkt 208001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4725 E:\FR\FM\20OCR1.SGM 20OCR1 61065 ER20OC05.009</GPH> Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 61066 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations [FR Doc. 05–21088 Filed 10–18–05; 1:11 pm] VerDate Aug<31>2005 16:21 Oct 19, 2005 Jkt 208001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM 20OCR1 ER20OC05.010</GPH> BILLING CODE 3510–22–C Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126333–5040–02; I.D. 101705A] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. AGENCY: SUMMARY: NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 48 hours. This action is necessary to fully use the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 630. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 17, 2005, through 1200 hrs, A.l.t., October 19, 2005. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of VerDate Aug<31>2005 16:21 Oct 19, 2005 Jkt 208001 Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens 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. NMFS closed the directed fishery for pollock in Statistical Area 630 of the GOA under § 679.20(d)(1)(iii) on October 8, 2005 (70 FR 59676, October 13, 2005). NMFS has determined that approximately 1,700 mt of pollock remain in the directed fishing allowance. Therefore, in accordance with 679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize the 2005 TAC of pollock in Statistical Area 630, NMFS is terminating the previous closure and is reopening directed fishing for pollock in Statistical Area 630 of the GOA. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that the directed fishing allowance for pollock in Statistical Area 630 of the GOA will be reached after 48 hours. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the GOA effective 1200 hrs, A.l.t., October 19, 2005. Classification This action responds to the best available information recently obtained from the fishery. The Assistant PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 61067 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 data in a timely fashion and would delay the opening of pollock in Statistical Area 630 of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 13, 2005. 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 section 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 17, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–20994 Filed 10–17–05; 1:14 pm] BILLING CODE 3510–22–S E:\FR\FM\20OCR1.SGM 20OCR1

Agencies

[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Rules and Regulations]
[Pages 61062-61067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21088]



[[Page 61063]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 051014263-5263-01; I.D. 093005A]
RIN 0648 AU00


Magnuson-Stevens Act Provisions; Fisheries off West Coast States 
and in the Western Pacific; Pacific Coast Groundfish Fishery; 
Specifications and Management Measures; Inseason Adjustments; 
Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to the inseason adjustments 
that became effective on October 1, 2005. The inseason adjustment 
contained an error in the limited entry trawl trip limit table, Table 3 
(South), on page 58076. The trip limit for petrale sole on line 16 
should have been closed only south of 38[deg] N. lat., as stated in the 
preamble, rather than south of 40[deg]10' N. lat. as depicted in the 
table. These regulations implemented changes to the 2005-2006 fishery 
specifications and management measures for groundfish taken in the U.S. 
exclusive economic zone off the coasts of Washington, Oregon, and 
California.

DATES: Effective 0001 hours (local time) October 1, 2005.

FOR FURTHER INFORMATION CONTACT: Jamie Goen (Northwest Region, NMFS), 
phone: 206-526-4646; fax: 206-526-6736 and; e-mail: 
jamie.goen@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This correcting notification also is accessible via the Internet at 
the Office of the Federal Register's website at http://
www.gpoaccess.gov/fr/index.html. Background information and documents 
are available at the NMFS Northwest Region website http://
www.nwr.noaa.govlsustfsh/gdfsh01.htm and at the Council's website at 
http://www.pcouncil.org.

Background

    The regulations that are the subject of this correction are at 50 
CFR 660, subpart G. These regulations affect persons operating in the 
limited entry trawl fishery for groundfish species off the U.S. West 
Coast.

Need for Correction

    As published, the inseason adjustment contained an error which 
needs to be corrected. This action provides one correction to the 
inseason adjustment. The inseason adjustment published in the Federal 
Register on October 5, 2005 (70 FR 58066), contained an error in the 
limited entry trawl trip limit table, Table 3 (South), on page 58076. 
The trip limit for petrale sole on line 16 should have been closed only 
south of 38[deg] N. lat., as stated in the preamble, rather than south 
of 40[deg]10' N. lat. as depicted in the table.
    As stated in the preamble to the inseason adjustment (70 FR 58066, 
October 5, 2005), the Pacific Fishery Management Council (Pacific 
Council) recommended at its September 18-23, 2005, meeting in Portland, 
OR, that NMFS implement a seaward limited entry trawl Rockfish 
Conservation Area (RCA) boundary line approximating the 250-fm (457-m) 
depth contour coastwide in order to nearly eliminate the catch of 
petrale sole. However, NMFS was not able to implement this line south 
of 38[deg] N. lat. to the U.S./Mexico border because there are no 
coordinates for this line in Federal regulations. In order to be used 
as boundary lines for inseason groundfish management, coordinates must 
be published in Federal regulations at 50 CFR Part 660. Therefore, in 
order to implement the intent of the Pacific Council recommendation as 
much as possible, NMFS implemented a boundary line approximating the 
200-fm (366-m) depth contour and a prohibition on the retention of 
petrale sole in this area during October. Because there is catch of 
petrale between 200-fm (366-m) and 250-fm (457-m), including some 
targeting on petrale sole, moving the RCA boundary line from 150-fm 
(274-m) to 200-fm (366-m) for October through December would likely not 
keep total catch of petrale sole within its ABC/OY for the year. A 
reduction of the petrale sole trip limit during the middle of a 
cumulative trip limit period (in this case, September through October) 
would make enforcement of such limits difficult. Mid-cumulative trip 
limit reductions are difficult to enforce because some fishers may have 
already achieved the higher limits earlier in the period while others 
who have not achieved their limit previously are restricted to the 
lower limits. It is difficult to query a paper-based fish landing 
ticket system mid-cumulative limit period to see if a fisher is in 
violation. Thus, NMFS determined that a closure is the best method for 
achieving the goals of this action. Therefore, in addition to the line 
change, NMFS also implemented a prohibition on the retention of petrale 
sole between 38[deg] N. lat. and the U.S./Mexico border during the 
month of October in order to prevent targeting on petrale sole. During 
November and December, the Pacific Council recommendation of decreasing 
the trip limit for petrale sole to 2,000 lb (0.9 mt) per 2 months was 
determined to be sufficient to allow retention of incidentally caught 
petrale sole while not encouraging targeting. Therefore, while the 
analysis suggested a prohibition on the retention of petrale sole 
between 38[deg] N. lat. and the U.S./Mexico border during the month of 
October, the trip limit table, Table 3 (South), mistakenly showed the 
prohibition on the retention of petrale sole between 40[deg]10' N. lat. 
and the U.S./Mexico border during the month of October. This was an 
inadvertent mistake resulting from the design of the trip limit table 
(i.e., trip limits for a species in Table 3 (South) apply between 
40[deg]10' N. lat. and the U.S./Mexico border unless otherwise stated). 
The prohibition on retention of petrale sole should have been stated 
within that table as applying south of 38[deg] N. lat.
    Without a correction to Federal regulations, this fishery would be 
closed between 38[deg] N. lat. and 40[deg]10' N. lat., which is 
inconsistent with the intent of the Pacific Council and NMFS. Between 
38[deg] N. lat. and 40[deg]10' N. lat., the limited entry trawl RCA, 
which extends from the shoreline to 250-fm (457-m), as well as the 
reduced petrale sole trip limits for November and December, are 
expected to sufficiently reduce the take of petrale sole to near zero 
through the end of the year.
    For these reasons, NMFS is amending Federal regulations to 
correctly prohibit the retention of petrale sole between 38[deg] N. 
lat. and the U.S./Mexico border during the month of October in the trip 
limit table, Table 3 (South).

Classification

    The Assistant Administrator (AA) for Fisheries, NOAA, finds good 
cause to waive the requirement to provide prior notice and opportunity 
for public comment on this action pursuant to 5 U.S.C. 553(b)(B), 
because providing prior notice and opportunity for comment would be 
contrary to the public interest. The correction is to indicate that 
participants in the limited entry trawl fishery are prohibited from 
retaining petrale sole between 38[deg] N. lat. and the U.S./Mexico 
border during the month of October in the trip limit table, Table 3 
(South). NMFS had mis-published this closure in its inseason

[[Page 61064]]

adjustment for this action (70 FR 58066, October 5, 2005). Prior notice 
and opportunity for comment would contravene the intent of this action, 
which was to allow fishing for petrale sole between 40[deg]10' N. lat. 
and 38[deg] N. lat. during October 2005. Providing prior notice and 
opportunity for comment would cost fishermen in lost fishing 
opportunity during October and to compound this loss by going through 
prior notice and opportunity for comment would in effect make the 
action meaningless. Therefore, it is contrary to the public interest to 
provide prior notice and an opportunity for public comment on this 
correction.
    For these reasons, the AA finds also finds good cause to waive the 
30-day delay in effectiveness requirement under 5 U.S.C. 553(d)(3).

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

    Dated: October 17, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

0
Accordingly, 50 CFR part 660 is corrected by making the following 
correcting amendments:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

0
l. The authority citation for part 660 continues to read as follows:

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

0
2. In part 660, subpart G, Table 3 (South) is revised to read as 
follows:
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[FR Doc. 05-21088 Filed 10-18-05; 1:11 pm]
BILLING CODE 3510-22-C