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, 69915-69916 [05-22901]
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Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Rules and Regulations
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
VerDate Aug<31>2005
14:27 Nov 17, 2005
Jkt 208001
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Closure.
AGENCY:
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.
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
SUPPLEMENTARY INFORMATION:
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69915
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.
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69916
Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Rules and Regulations
Comments will be accepted through
December 5, 2005.
This action is required by 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
fishing seasons; request for comments.
AGENCY:
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.
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14:27 Nov 17, 2005
Jkt 208001
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: https://
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.
ADDRESSES:
Authority: 16 U.S.C. 1801 et seq.
FOR FURTHER INFORMATION CONTACT:
Christopher Wright, 206–526–6140.
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
SUPPLEMENTARY INFORMATION:
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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 60,900marked 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
E:\FR\FM\18NOR1.SGM
18NOR1
]]>Agencies
[Federal Register Volume 70, Number 222 (Friday, November 18, 2005)]
[Rules and Regulations]
[Pages 69915-69916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22901]
-----------------------------------------------------------------------
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.
[[Page 69916]]
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
