Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 52035 

(R) The Defense Energy Support 

Center, Defense Logistics Agency. 

* * * * * 

[FR Doc. 05–17350 Filed 8–31–05; 8:45 am] 

BILLING CODE 5001–01–P 

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 #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. 

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 

2005salmonIA6.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 [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 #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 

52036 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 

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