Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 55303 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments, 

and include [050426117–5117–01 and/ 

or I.D. 091405G] 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 closed 

the commercial salmon fishery in the 

area from the U.S.-Canada Border to 

Cape Falcon, OR, effective at midnight 

on Tuesday, August 23, 2005. On 

August 23, 2005, the Regional 

Administrator determined that available 

catch and effort data indicated that the 

modified quota of 15,700 Chinook 

salmon would be reached by midnight. 

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. Automatic 

season closures based on quotas are 

authorized by regulations at 50 CFR 

660.409(a)(1). 

In the 2005 annual management 

measures for ocean salmon fisheries (70 

FR 23054, May 4, 2005), NMFS 

announced the commercial salmon 

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

Border to Cape Falcon, OR, would open 

July 7 through the earlier of September 

15 or a 14,250 preseason Chinook 

guideline or a 23,200–marked coho 

quota. Approximately 1,450 Chinook 

were left on the May-June quota, and 

these were added to the 14,250 

guideline in the summer fishery for a 

total of 15,700 Chinook. 

On August 23, 2005, the Regional 

Administrator consulted with 

representatives of the Pacific Fishery 

Management Council, Washington 

Department of Fish and Wildlife, and 

Oregon Department of Fish and 

Wildlife. 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 

midnight. As a result, the states 

recommended, and the Regional 

Administrator concurred, that the 

commercial salmon fishery in the area 

from the U.S.-Canada Border to Cape 

Falcon, OR, would close effective at 

midnight on Tuesday, August 23, 2005. 

All other restrictions that apply to this 

fishery remained in effect as announced 

in the 2005 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 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 above 

described action was 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. 

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 (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 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: September 15, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–18853 Filed 9–20–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 050426117–5117–01; I.D. 

091405H] 

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action #8 

- 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 30, 2005, the 

Neah Bay Subarea was modified to be 

open seven days per week. All other 

restrictions remain in effect as 

announced for 2005 ocean salmon 

fisheries, and by previous inseason 

actions. 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 30, 2005, until 

the Chinook quota or coho quota are 

taken, or 2359 hours l.t., September 18, 

2005, whichever 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 October 6, 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 

55304 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 

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 

2005salmonIA8.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. 091405 ] 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. On August 25, 2005, the 

Regional Administrator determined that 

the catch was less than anticipated 

preseason and that provisions designed 

to slow the catch of Chinook could be 

modified. Effective Tuesday, August 30, 

2005, the Neah Bay Subarea was 

modified to be open seven days per 

week. 

All other restrictions remain in effect 

as announced for 2005 ocean salmon 

fisheries, and by previous inseason 

actions. 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 

specifying 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 (70 FR 47727, 

August 15, 2005), 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. 

The recreational fishery from the U.S.- 

Canada Border to Cape Alava, WA 

(Neah Bay Subarea), was modified by 

Inseason Action #6 (70 FR 52035, 

September 1, 2005), effective Tuesday, 

August 16, 2005, 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 25, 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 recreational fishing days per 

calendar week from five days open to 

seven days. As a result, on August 25, 

2005, the states recommended, and the 

RA concurred, that effective Tuesday, 

August 30, 2005, the Neah Bay Subarea 

would be modified to be open seven 

days per week. All other restrictions 

remain in effect as announced for 2005 

ocean salmon fisheries, and by previous 

inseason actions. 

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 (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 

expanded to the recreational fishing 

days per calendar week from five days 

open to seven days. 

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. 

Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 55305 

Dated: September 15, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–18854 Filed 9–20–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126333–5040–02; I.D. 

091505A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA) for 24 

hours. This action is necessary to fully 

use the C season allowance of the 2005 

total allowable catch (TAC) of pollock 

specified for Statistical Area 630. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 15, 2005, 

through 1200 hrs, A.l.t., September 16, 

2005. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 30, 2005. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Lori Durall. Comments may be 

submitted by: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• Fax to 907–586–7557; 

• E-mail to G63plk2s12b@noaa.gov 

and include in the subject line of the email comment the document identifier: 

g63plkro3 (E-mail comments, with or 

without attachments, are limited to 5 

megabytes); or 

• Webform at the Federal 

eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions at that site for submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

NMFS closed the directed fishery for 

pollock in Statistical Area 630 of the 

GOA under § 679.20(d)(1)(iii) on August 

27, 2005 (70 FR 51300, August 30, 

2005). NMFS opened directed fishing 

for pollock in Statistical Area 630 of the 

GOA for 48 hrs on September 8, 2005 

(70 FR 53971, September 13, 2005). 

NMFS has determined that 

approximately 3,052 mt of pollock 

remain in the directed fishing 

allowance. Therefore, in accordance 

with 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2005 TAC of 

pollock in Statistical area 630, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 630 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 24 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 630 of the 

GOA effective 1200 hrs, A.l.t., 

September 16, 2005. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the opening of pollock in 

Statistical Area 630 of the GOA. NMFS 

was unable to publish an action 

providing time for public comment 

because the most recent, relevant data 

only became available as of September 

12, 2005. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

Without this inseason adjustment, 

NMFS could not allow the D season 

allowance of the 2005 TAC of pollock in 

Statistical Area 630 of the GOA to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until September 30, 2005. 

This action is required by §§ 679.20 

and 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: September 15, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–18750 Filed 9–15–05; 3:16 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126333–5040–02; I.D. 

091505B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 620 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

620 of the Gulf of Alaska (GOA) for 96 

hours. This action is necessary to fully 

use the C season allowance of the 2005 

total allowable catch (TAC) of pollock 

specified for Statistical Area 620. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 15, 2005, 

through 1200 hrs, A.l.t., September 19, 

2005. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 30, 2005. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Lori Durall. Comments may be 

submitted by: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• Fax to 907–586–7557; 

• E-mail to G63plk2s12b@noaa.gov 

and include in the subject line of the eVerDate Aug<31>2005 14:27 Sep 20, 2005 Jkt 205001 PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 E:\FR\FM\21SER1.SGM 21SER1