Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 63333

salmon fisheries and previous inseason 

actions. This action was necessary to 

conform to the 2004 management goals. 

Modification of quotas and/or fishing 

seasons is authorized by regulations at 

50 CFR 660.409(b)(1)(i). Modification of 

the species that may be caught and 

landed during specific seasons and the 

establishment or modification of limited 

retention regulations are authorized by 

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

In the 2004 annual management 

measures for ocean salmon fisheries (69 

FR 25026, May 5, 2004), NMFS 

announced the commercial fishery for 

all salmon except coho in the area from 

Humbug Mountain, OR to the OregonCalifornia Border would open March 15 

through May 31; June 1 through the 

earlier of June 30 or a 2,600–chinook 

quota; July 1 through the earlier of July 

31 or a 1,600–chinook quota; August 1 

through the earlier of August 29 or a 

2,500–chinook quota; and September 1 

through the earlier of September 30 or 

a 3,000–chinook quota.

The fishery in the area from Humbug 

Mountain OR to the Oregon-California 

Border was modified by Inseason Action 

#4 to close at midnight on Saturday, 

June 19, 2004 (69 FR 40817, July 7, 

2004) because the available catch and 

effort data indicated that the quota of 

2,600 chinook salmon had been 

achieved.

The fishery in the area from Humbug 

Mountain, OR to the Oregon-California 

Border was modified by Inseason Action 

#8 to close at midnight on Monday, July 

19, 2004 (69 FR 52449, August 26, 

2004), because the available catch and 

effort data indicated that the quota of 

1,600 chinook salmon had been 

achieved.

The fishery in the area from Humbug 

Mountain, OR to the Oregon-California 

Border was also modified by Inseason 

Action #9 to close at midnight on 

Wednesday, August 4, 2004 (69 FR 

53362, September 1, 2004), because the 

available catch and effort data indicated 

that the quota of 2,500 chinook salmon 

had been achieved.

On August 19, 2004, the Regional 

Administrator consulted with 

representatives of the Pacific Fishery 

Management Council and Oregon 

Department of Fish and Wildlife by 

conference call. Information related to 

catch to date, the chinook catch rate, 

and effort data indicated that it was 

likely that the chinook quota could be 

reached early. As a result, the State of 

Oregon recommended, and the Regional 

Administrator concurred, that the area 

from Humbug Mountain, OR to the 

Oregon-California Border be modified to 

open September 1 through September 3, 

September 8 through September 10, and 

September 15 through September 30, or 

until the attainment of the 3,000–

chinook quota, with a modified 

possession and landing limit of 50 

chinook per day per vessel. All other 

restrictions that apply to this fishery 

remained in effect as announced in the 

2004 annual management measures.

The Regional Administrator 

determined that the best available 

information indicated that the catch and 

effort data, and projections, supported 

the above inseason action recommended 

by the state. 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 

notice procedures of 50 CFR 660.411, 

actual notice to fishers of the above 

described action was given prior to the 

date this 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 this 

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 (69 

FR 25026, May 5, 2004), 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 agency have 

insufficient time to provide for prior 

notice and the opportunity for public 

comment between the time the fishery 

catch and effort data are collected to 

determine the extent of the fisheries, 

and the time the fishery modifications 

must be implemented to avoid 

exceeding the quota. Because the rate of 

chinook harvest was high in this fishery 

area in all of its previous openings, 

failure to slow the catch rate in the 

fishery would increase the risk of 

exceeding the quota, which could result 

in fewer spawning fish and possibly 

reduced yield of the stocks in the future. 

For the same reasons, the AA also finds 

good cause to waive the 30–day delay in 

effectiveness required under U.S.C. 

553(d)(3).

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: October 26, 2004. 

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–24343 Filed 10–29–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 040429134–4135–01; I.D. 

102504A]

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action 

#11—Adjustments of the Recreational 

and Commercial Fisheries from the 

U.S.-Canada Border to Cape Falcon, 

Oregon

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Modification of fishing seasons; 

request for comments.

SUMMARY: NMFS announces that the 

commercial salmon fishery in the area 

from the Queets River to Cape Falcon, 

OR, was modified effective September 1, 

2004, to allow for the retention of all 

legal sized coho with a landing 

provision that no vessel may possess, 

land, or deliver more than 500 coho for 

each 5–day open period until the earlier 

of September 15 or a quota of 10,000 

coho. Unmarked coho could only be 

possessed and landed in the area from 

the Queets River to Cape Falcon. The 

recreational salmon fishery from the 

Queets River to Leadbetter Point, WA 

(Westport Subarea) was modified 

effective Sunday, August 29, 2004, to 

allow for the retention of all legal sized 

coho until the earlier of September 19 

or a quota of 10,000 coho. Unmarked 

coho could only be possessed and 

landed in the Westport Subarea. In 

addition, 20,000 coho from the quota of 

the commercial fishery from the U.S.-

Canada Border to Cape Falcon, OR, was 

traded for 5,000 chinook from the 

recreational Westport Subarea 

guideline. These actions were necessary 

to conform to the 2004 management 

goals.

63334 Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 

DATES: Trade of coho and chinook 

effective August 19, 2004; adjustment 

for the area from the Queets River to 

Cape Falcon, OR, effective 0001 hours 

local time (l.t.) September 1, 2004, until 

the chinook quota or coho quota are 

taken, or 2359 hours l.t., September 15, 

2004; and the adjustment for the area 

from the from the Queets River to 

Leadbetter Point, WA, effective 0001 

hours l.t. August 29, 2004, until the 

chinook quota or coho quota are taken, 

or 2359 hours l.t., September 19, 2004; 

after which dates each 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 

November 16, 2004.

ADDRESSES: Comments on these actions 

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 

2004salmonIA11.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 [docket number and/or RIN 

number] 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) 

adjusted the commercial salmon fishery 

in the area from the Queets River to 

Cape Falcon, Oregon, effective 

September 1, 2004, to allow retention of 

all legal sized coho with a landing 

provision that no vessel may possess, 

land, or deliver more than 500 coho for 

each 5–day open period until the earlier 

of September 15 or a quota of 10,000 

coho. Unmarked coho could only be 

possessed and landed in the area from 

the Queets River to Cape Falcon. The 

recreational salmon fishery from the 

Queets River to Leadbetter Point, WA 

(Westport Subarea) was modified 

effective Sunday, August 29, 2004, to 

allow retention of all legal sized coho 

until the earlier of September 19 or a 

quota of 10,000 coho. Unmarked coho 

could only be possessed and landed in 

the Westport Subarea. In addition, 

20,000 coho from the quota of the 

commercial fishery from the U.S.-

Canada Border to Cape Falcon, OR was 

traded for 5,000 chinook from the 

recreational Westport Subarea 

guideline. On August 19 the Regional 

Administrator had determined the 

available catch and effort data indicated 

that restricting the fishery to marked 

coho was no longer needed because the 

percentage of marked hatchery coho was 

less than what was predicted preseason 

and impacts to natural unmarked coho 

would be less than anticipated 

preseason. In addition, the commercial 

troll fishery was projected to reach its 

chinook quota, and because there were 

additional chinook in the recreational 

Westport Subarea guideline, a trade of 

coho for chinook could be done while 

still meeting conservation objectives 

and without impacting Westport 

Subarea recreational fishers.

All other restrictions remained in 

effect as announced for 2004 ocean 

salmon fisheries and previous inseason 

actions. These actions were necessary to 

conform to the 2004 management goals. 

Modification of quotas and/or fishing 

seasons is authorized by regulations at 

50 CFR 660.409(b)(1)(i). Modification of 

the species that may be caught and 

landed during specific seasons and the 

establishment or modification of limited 

retention regulations are authorized by 

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

In the 2004 annual management 

measures for ocean salmon fisheries (69 

FR 25026, May 5, 2004), NMFS 

announced the commercial fishery for 

all salmon in the area from the U.S.-

Canada Border to Cape Falcon, OR 

would open July 8 through the earlier of 

September 15, or a 14,700–chinook 

preseason guideline, or a 67,500–coho 

quota. The 67,500–coho quota included 

a subarea quota of 8,000 coho for the 

area between the U.S.-Canada border 

and the Queets River, WA. The fishery 

was scheduled to be open Thursday 

through Monday prior to August 11, and 

Wednesday through Sunday thereafter, 

with the restriction that no vessel may 

possess, land, or deliver more than 125 

chinook for each 5–day open period.

The fishery in the area from the U.S.-

Canada Border to Cape Falcon, OR was 

modified by Inseason Action #5 to open 

July 8 and close at midnight on July 12, 

2004, then to reopen on July 16 through 

midnight on July 19, 2004, with the 

provision that no vessel may possess, 

land, or deliver more than 100 chinook 

for each open period (69 FR 43345, July 

20, 2004). The fishing season was 

modified to slow the chinook catch rate 

and avoid exceeding the chinook quota. 

The fishery was scheduled to be 

reevaluated by an inseason conference 

call on July 14, and any further 

adjustments announced.

The fishery in the area from the U.S.-

Canada Border to Cape Falcon, OR, was 

modified by Inseason Action #6 to a 

revised landing provision that no vessel 

may possess, land, or deliver more than 

125 chinook for the open period of July 

16 through July 19, 2004 (69 FR 51609, 

August 20, 2004). The fishery then 

reverted back to the regulations as 

announced for 2004 ocean salmon 

fisheries and would continue until the 

chinook quota or coho quota were taken, 

or September 15, which ever was 

earlier. The fishery was reopened on 

July 22, with an open cycle of Thursday 

through Monday prior to August 11, and 

Wednesday through Sunday thereafter, 

and a landing and possession limit of 

125 chinook per vessel per each 5–day 

open period.

In the 2004 annual management 

measures for ocean salmon fisheries (69 

FR 25026, May 5, 2004), NMFS 

announced the recreational fishery in 

the area from the Queets River to 

Leadbetter Point, WA (Westport 

Subarea) would open June 27 through 

the earlier of September 19 or a 74,900–

coho subarea quota, with a subarea 

guideline of 30,800 chinook.

The recreational fishery in the area 

from the Queets River, WA, to Cape 

Falcon, OR (Westport and Columbia 

River Subareaa) was modified by 

Inseason Action #7 to be open 7 days 

per week, with a modified daily bag 

limit of all salmon, two fish per day, 

and all retained coho must have a 

healed adipose fin clip, effective Friday, 

July 23, 2004, thus allowing for the 

retention of two chinook per day (69 FR 

52448, August 26, 2004).

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 #10 to have a minimum 

size limit for chinook of 24 inches (61.0 

cm) total length; and for the area from 

Cape Alava to Queets River, WA (La 

Push Subarea) the daily bag limit was 

modified to: ‘‘all salmon, two fish per 

day, and all retained coho must have a 

healed adipose fin clip,’’ thus allowing 

for the retention of two chinook per day. 

In addition, 40,000 coho were 

reallocated from Queets River to 

Leadbetter Point, WA (Westport 

Subarea) quota, by transferring the coho 

on an impact neutral basis, to the coho 

quota in the subarea from the U.S.-

Canada Border to Cape Alava, WA 

(Neah Bay Subarea), which increased 

Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 63335

the Neah Bay quota by 6,600 coho (69 

FR 54047, September 7, 2004).

On August 19, 2004, 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 and effort 

data indicated that restricting the 

fishery to marked coho was no longer 

needed because the percentage of 

marked hatchery coho was less than 

what was predicted preseason and 

impacts to natural unmarked coho 

would be less than anticipated 

preseason. In addition, the commercial 

troll fishery was projected to reach its 

chinook quota, and because there were 

additional chinook in the recreational 

Westport Subarea guideline, a trade of 

coho for chinook could be done while 

still meeting conservation objectives 

and without impacting Westport 

Subarea recreational fishers. As a result, 

on August 19 the states recommended, 

and the RA concurred, that the 

commercial salmon fishery in the area 

from the Queets River to Cape Falcon, 

OR be modified effective September 1, 

2004, to allow for the retention of all 

legal sized coho with a landing 

provision that no vessel may possess, 

land, or deliver more than 500 coho for 

each 5–day open period until the earlier 

of September 15 or a quota of 10,000 

coho. Unmarked coho could only be 

possessed and landed in the area from 

the Queets River to Cape Falcon. The 

recreational salmon fishery from the 

Queets River to Leadbetter Point, WA 

(Westport Subarea), would be modified 

effective Sunday, August 29, 2004, to 

allow for the retention of all legal sized 

coho until the earlier of September 19 

or a quota of 10,000 coho. Unmarked 

coho could only be possessed and 

landed in the Westport Subarea. In 

addition, 20,000 coho from the quota of 

the commercial fishery from the U.S.-

Canada Border to Cape Falcon, OR 

would be traded for 5,000 chinook from 

the recreational Westport Subarea 

guideline. All other restrictions that 

apply to these fisheries would remain in 

effect as announced in the 2004 annual 

management measures and previous 

inseason actions.

The RA determined that the best 

available information indicated that the 

catch and effort data, and projections, 

supported the above inseason actions 

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 these Federal actions. As provided 

by the inseason notice procedures of 50 

CFR 660.411, actual notice to fishers of 

the above described regulatory actions 

were 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.

These actions do 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 actions was provided to 

fishers through telephone hotline and 

radio notification. These actions comply 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (69 FR 25026, May 5, 2004), 

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 

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 

these actions would limit fishers 

appropriately controlled access to 

available fish during the scheduled 

fishing season by unnecessarily 

maintaining the restriction of selective 

fishing for marked coho in both the 

commercial and recreational fisheries.

These actions are authorized by 50 

CFR 660.409 and 660.411 and are 

exempt from review under Executive 

Order 12866.

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

Dated: October 26, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–24342 Filed 10–29–04; 8:45 am]

BILLING CODE 3510–22–S