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 

Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Rules and Regulations 67511

Beach, CA 90802–4132; or faxed to 562–

980–4018. Comments can also be 

submitted via e-mail at the 

2004salmonIA15.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) 

closed the commercial salmon fishery in 

the subarea from the Queets River, WA 

to Cape Falcon, OR, effective at 

midnight on Tuesday, September 7, 

2004. In addition, the commercial 

salmon fishery in the subarea from the 

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

was modified to open 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 eight-day 

open period. On September 7, 2004, the 

Regional Administrator determined the 

available catch and effort data indicated 

that the adjusted subarea quota of 

10,000 coho salmon for the subarea from 

the Queets River, WA to Cape Falcon, 

OR would be reached. The data also 

indicated the restriction for the subarea 

from the U.S.-Canada Border to the 

Queets River to be open only from 

Wednesday through Sunday could be 

modified so the area could remain open 

for 8 days until the end of the scheduled 

season without exceeding any 

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 

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 ι5 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 ι6 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 preseason for 2004 ocean 

salmon fisheries and was scheduled to 

continue until the chinook quota or 

coho quota were taken, or September 15, 

which ever was earlier. Consistent with 

the preseason schedule 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.

The commercial salmon fishery in the 

area from the Queets River to Cape 

Falcon, OR was modified by Inseason 

Action ι11 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 (69 FR 63333, 

November 1, 2004). Unmarked coho 

could only be possessed and landed in 

the area from the Queets River to Cape 

Falcon. 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 recreational salmon fishery 

from the Queets River to Leadbetter 

Point, WA (Westport Subarea) 

guideline.

On September 7, 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 it was likely that the 

commercial salmon fishery in the 

subarea from the Queets River, WA, to 

Cape Falcon, OR, would reach its 10,000 

coho quota by midnight. The data also 

indicated the restriction for the subarea 

from the U.S.-Canada Border to the 

Queets River to be open only from 

Wednesday through Sunday could be 

modified so the area could remain open 

for 8 days until the end of the scheduled 

season without exceeding any 

conservation objectives established 

preseason. As a result, on September 7 

the states recommended, and the RA 

concurred, that the commercial salmon 

fishery in the area from the Queets River 

to Cape Falcon be closed effective at 

midnight on September 7, 2004, and 

that the commercial salmon fishery in 

the subarea from the U.S.-Canada 

Border to the Queets River, be modified 

to open 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 eight-day open period. All 

other restrictions that apply to these 

fisheries remained 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 time 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 

67512 Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Rules and Regulations 

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 were 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 the 

fishery modifications had to be 

implemented in order to allow fishers 

access to the available fish at the time 

the fish were 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 

modifying a subarea regulation to be 

open 7 days per week instead of 5 days 

per week, thus providing additional 

harvest opportunity. 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 12, 2004. 

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25642 Filed 11–17–04; 8:45 am]

BILLING CODE 3510–22–S