Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65093

impractical and contrary to the 

Magnuson-Stevens Act, the FMP, and 

the public interest. For these reasons, 

NMFS finds good cause that the 

implementation of this action cannot be 

delayed for 30 days.

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 4, 2004.

Bruce C. Morehead,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25085 Filed 11–5–04; 3:00 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 040429134–4135–01; I.D. 

102504D]

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action #14 

- Adjustments of the Recreational 

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: Closure and modification of 

fishing seasons; request for comments.

SUMMARY: NMFS announces that the 

recreational salmon fishery in the area 

from the Queets River to Leadbetter 

Point, WA (Westport Subarea), was 

modified to close at midnight on 

Monday, September 6, 2004. In 

addition, the recreational salmon fishery 

in the area from Leadbetter Point, WA 

to Cape Falcon, OR (Columbia River 

Subarea), was modified to reopen the 

area between Tillamook Head (45°56′45′′

N. lat.) and Cape Falcon effective 

Saturday, September 4, 2004. These 

actions were necessary to conform to the 

2004 management goals. The intended 

effect of these actions was to allow the 

fishery to operate within the seasons 

and quotas specified in the 2004 annual 

management measures.

DATES: Closure for the area from the 

Queets River to Leadbetter Point, WA 

effective 2359 hours local time (l.t.) 

September 6, 2004; reopening the area 

between Cape Falcon and Tillamook 

Head 0001 hours l.t. September 4, 2004, 

until the chinook quota or coho quota is 

taken, or 2359 hours l.t., September 30, 

2004, whichever is earlier; after which 

the fisheries 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 26, 

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 

2004salmonIA14.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 recreational salmon fishery 

in the area from the Queets River to 

Leadbetter Point, WA (Westport 

Subarea) to close at midnight on 

Monday, September 6, 2004. In 

addition, the recreational salmon fishery 

in the area from Leadbetter Point, WA, 

to Cape Falcon, OR (Columbia River 

Subarea) was modified to reopen the 

area between Cape Falcon and 

Tillamook Head (45°56′45′′ N. lat.) 

effective Saturday, September 4, 2004. 

On September 2 the Regional 

Administrator had determined the 

available catch and effort data indicated 

that the adjusted quota of 10,000 coho 

salmon in the Westport Subarea would 

be reached by September 6, and that the 

small closed area in Columbia River 

Subarea could be reopened without 

exceeding conservation objectives 

established preseason.

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. 

Automatic season closures based on 

quotas are authorized by regulations at 

50 CFR 660.409(a)(1). Modification of 

boundaries, including landing 

boundaries, and establishment of closed 

areas is authorized by regulations at 50 

CFR 660.409(b)(1)(v).

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; and the 

recreational fishery in the area from 

Leadbetter Point, WA to Cape Falcon, 

OR (Columbia River Subarea), would 

open June 27 through earlier of 

September 30 or 101,250 coho subarea 

quota with a subarea guideline of 8,000 

chinook, and the area between Cape 

Falcon and Tillamook Head would be 

closed beginning August 1.

The recreational fishery in the area 

from the Queets River, WA, to Cape 

Falcon, OR (Westport and Columbia 

River Subareas) 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 

the Neah Bay Subarea quota by 6,600 

coho (69 FR 54047, September 7, 2004).

The recreational salmon fishery from 

the Queets River to Leadbetter Point, 

WA (Westport Subarea) was modified 

by Inseason Action #11, 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 (69 FR 63332, November 

1, 2004). Unmarked coho could only be 

possessed and landed in the Westport 

65094 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

Subarea. In addition, 20,000 coho from 

the quota of the commercial fishery 

from the U.S.-Canada Border to Cape 

Falcon was traded for 5,000 chinook 

from the Westport Subarea quota.

The area from the U.S.-Canada Border 

to Cape Alava, WA (Neah Bay Subarea), 

was modified by Inseason Action #13 to 

close at midnight on Thursday, 

September 2, 2004 (69 FR 64501, 

November 5, 2004). To allow for the 

Neah Bay Subarea to remain open until 

September 2, 3,100 coho were 

transferred to the Neah Bay coho quota 

on an impact neutral basis from the 

Queets River to Leadbetter Point, WA 

(Westport Subarea), coho quota.

On September 2, 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 to date, the 

coho and chinook catch rates, and effort 

data indicated that it was likely that the 

revised Westport Subarea coho quota of 

10,000 would be reached soon, and that 

the Columbia River Subarea catch was 

much lower than was predicted 

preseason. As a result, on September 2 

the states recommended, and the RA 

concurred, that the recreational salmon 

fishery close in the Westport Subarea at 

midnight on Monday, September 6, 

2004, and the recreational Columbia 

River Subarea be modified to reopen in 

the area between Tillamook Head and 

Cape Falcon effective Saturday, 

September 4, 2004. All other restrictions 

that apply to these fisheries remained in 

effect as announced in the 2004 annual 

management measures.

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 already described regulatory actions 

were given prior to the date the actions 

were 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 

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 

closure must be implemented to avoid 

exceeding the quota or the time an area 

must be reopened to allow access to fish 

when they are available. Because of the 

rate of harvest in this fishery, failure to 

close the fishery upon attainment of the 

quota would allow the quota to be 

exceeded, resulting in fewer spawning 

fish and possibly reduced yield of the 

stocks in the future. In addition, the 

action also relieved a restriction by 

reopening a closed area, thus providing 

additional harvest opportunity and was 

consistent with conservation and use 

objectives specified in the 2004 annual 

management measures. 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).

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: November 5, 2004.

Bruce C. Morehead,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25112 Filed 11–9–04; 8:45 am]

BILLING CODE 3510–22–S