[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Rules and Regulations]
[Pages 52035-52036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17453]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 050426117-5117-01; I.D. 082605A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action <greek-i>6 - 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: Temporary rule; modification of fishing seasons; request for 
comments.

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SUMMARY: NMFS announces a regulatory modification in the recreational 
fishery from the U.S.-Canada Border to Cape Alava, WA (Neah Bay 
Subarea). Effective Tuesday, August 16, 2005, the Neah Bay Subarea was 
modified 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 announced for 2005 Ocean 
Salmon Fisheries. 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.), Tuesday, August 16, 
2005, until the Chinook quota or coho quota are taken, or 2359 hours 
l.t., September 18, 2005, which ever 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.
    Comments will be accepted through September 16, 2005.

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 
<a href="/cdn-cgi/l/email-protection#2b191b1b1e584a47464445626a1d05455c596b45444a4a054c445d"><span class="__cf_email__" data-cfemail="320002020741535e5f5d5c7b73041c5c4540725c5d53531c555d44">[email protected]</span></a> address, or through the internet at the 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments, and include [050426117-5117-01 
and/or I.D. 082605A] 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) has 
adjusted the recreational fishery from U.S.-Canada Border to Cape 
Alava, WA (Neah Bay Subarea), with one regulatory modification. 
Effective Tuesday, August 16, 2005, the Neah Bay Subarea was modified 
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 announced for 2005 Ocean Salmon 
Fisheries. On August 11, 2005, the Regional Administrator had 
determined that the catch was less than anticipated preseason and that 
provisions designed to slow the catch of Chinook could be modified.
    All other restrictions remained in effect as announced for 2005 
Ocean Salmon Fisheries. 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. Modification in recreational bag limits and 
recreational fishing days per calendar 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 60,900-marked 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 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 <greek-i>5, 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 (70 FR 47727, 
August 15, 2005).
    On August 11, 2005, 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 Chinook and coho catch 
rates, and effort data indicated that the catch was less than 
anticipated preseason and that the provision designed to slow the catch 
of Chinook could be modified by relaxing the bag limit. As a result, on 
August 11, 2005, the states recommended, and the RA concurred, that 
effective Tuesday, August 16, 2005, the Neah Bay Subarea would be 
modified 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 remained in effect as announced for 2005 Ocean 
Salmon Fisheries.
    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

[[Page 52036]]

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 (70 FR 23054, May 4, 2005), 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. 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 this 
action would limit fishers appropriately controlled access to available 
fish during the scheduled fishing season by unnecessarily maintaining 
the restriction. The action allowed fishers to land up to two of any 
species of salmon, previously only one of the two fish bag limit could 
be a Chinook salmon.
    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: August 26, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-17453 Filed 8-31-05; 8:45 am]
BILLING CODE 3510-22-S


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