Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Rules and Regulations 67509

announced the commercial fishery for 

all salmon except coho in the area from 

the Oregon-California Border to 

Humboldt South Jetty, CA, would 

openSeptember 1 through the earlier of 

September 30 or a 6,000 chinook quota.

On September 15, 2004, the Regional 

Administrator consulted with 

representatives of the Pacific Fishery 

Management Council and California 

Department of Fish and Game. 

Information related to catch to date, the 

chinook catch rate, and effort data 

indicated that it was likely that the 

chinook quota would be reached by 

September 17. As a result, the State of 

California recommended, and the 

Regional Administrator concurred, that 

the area from the Oregon-California 

Border to Humboldt South Jetty, CA 

close effective at midnight on Friday, 

September 17, 2004. 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 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 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 closure must be 

implemented to avoid exceeding the 

quota. 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. 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: November 12, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25638 Filed 11–17–04; 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. 

111004B]

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action 

#16—Adjustment of the Recreational 

Fishery from the U.S.-Canada Border 

to Cape Alava, Washington

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Reopening of a fishing season; 

request for comments.

SUMMARY: NMFS announces the 

recreational salmon fishery in the area 

from the U.S.-Canada Border to Cape 

Alava, WA (Neah Bay Subarea) was 

modified to reopen effective Friday, 

September 10, 2004, through the earlier 

of September 19 or a modified subarea 

quota of 30,750 coho. This action was 

necessary to conform to the 2004 

management goals.

DATES: Reopening effective 0001 hours 

local time (l.t.) September 10, 2004, 

until the chinook quota or coho quota 

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

19, 2004; 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. 

Comments will be accepted through 

December 3, 2004.

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 

2004salmonIA16.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) 

reopened the recreational salmon 

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

Border to Cape Alava, WA (Neah Bay 

Subarea), effective Friday, September 

10, 2004, through the earlier of 

September 19 or a modified subarea 

quota of 30,750 coho. On September 9 

the Regional Administrator had 

determined the available catch and 

effort data indicated that enough fish 

remained within the coho and chinook 

quotas to allow additional days of 

fishing.

All other restrictions remained in 

effect as announced for 2004 ocean 

salmon fisheries and previous inseason 

actions. This action was necessary to 

conform to the 2004 management goals. 

Recision of automatic season closures 

are authorized by regulations at 50 CFR 

660.409(a)(2).

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 U.S.-Canada Border to 

Cape Alava, WA (Neah Bay Subarea) 

would open June 27 through the earlier 

of September 19 or a 21,050 coho 

subarea quota, with a subarea guideline 

of 3,700 chinook.

67510 Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Rules and Regulations 

Inseason Action #10 reallocated 

40,000 coho from Queets River to 

Leadbetter Point, WA (Westport 

Subarea) quota effective August 13, 

2004, 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 in the 

area from the U.S.-Canada Border to 

Cape Alava, WA (Neah Bay Subarea) 

was modified by Inseason Action ι13 to 

close at midnight on Thursday, 

September 2, 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 9, 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 the Neah Bay 

Subarea catch was lower than was 

anticipated, and that enough fish 

remained within the coho and chinook 

quotas to allow additional days of 

fishing. As a result, on September 9 the 

states recommended, and the RA 

concurred, that Neah Bay Subarea 

reopen effective Friday, September 10, 

2004, and continue through the earlier 

of September 19 or a modified subarea 

quota of 30,750 coho. All other 

restrictions that applied to this fishery 

remained in effect as announced in the 

2004 annual management measures and 

previous inseason action notices.

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 notice 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 (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 

modification had to be implemented in 

order to allow fishers access to the 

available fish at the time the fish were 

available. A delay in effectiveness of 

this action would unnecessarily limit 

fishers appropriately controlled access 

to available fish during the scheduled 

fishing season because this action 

rescinds an automatic closure. 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 are exempt 

from review under Executive Order 

12866.

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

Dated: November 12, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25639 Filed 11–17–04; 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. 

111004A]

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action 

#15—Adjustments of the Commercial 

Fishery 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 

commercial salmon fishery in the 

subarea from the Queets River, WA to 

Cape Falcon OR, was projected to reach 

its 10,000 coho quota and was closed 

effective at midnight on Tuesday, 

September 7, 2004. In addition, 

regulations for the commercial salmon 

fishery in the subarea from the U.S.-

Canada Border to the Queets River, were 

modified to open the fishery September 

8 through the earlier of September 15, 

or a subarea quota of 8,000 marked 

coho, with a landing and possession 

limit of 125 chinook per vessel for the 

8–day open period. These actions were 

necessary to conform to the 2004 

management goals.

DATES: Closure of the area from the 

Queets River, WA to Cape Falcon, OR, 

effective 2359 hours local time (l.t.) 

September 7, 2004; the area from the 

U.S.-Canada Border to the Queets River, 

WA, was reopened effective 0001 hours 

l.t. September 8, 2004, until the chinook 

quota or coho quota is taken, or 2359 

hours l.t., September 15, 2004; 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. 

Comments will be accepted through 

December 3, 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