69916 Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Rules and Regulations 

This action is required by 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: November 15, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–22901 Filed 11–15–05; 2:16 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 050426117-5117-01; I.D. 

110905D] 

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action #9 

- Adjustment of the Recreational 

Fishery from Leadbetter Point, 

Washington, to Cape Falcon, Oregon 

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 Leadbetter Point, WA, to Cape 

Falcon, OR (Columbia River Subarea). 

Effective Friday, September 9, 2005, the 

daily bag limit for the Columbia River 

Subarea was modified as follows: ‘‘All 

salmon, except no Chinook retention, 

two fish per day, all retained coho must 

have a healed adipose fin clip.’’ 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.), Friday, September 9, 2005, until 

either the overall Chinook quota or coho 

quota is taken, or 2359 hours l.t., 

September 30, 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 

December 5, 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 

2005salmonIA9.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. 110905D] 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 

Leadbetter Point, WA, to Cape Falcon, 

OR (Columbia River Subarea), with one 

regulatory modification. On September 

7, 2005, the Regional Administrator 

determined that the Chinook catch was 

near the overall Chinook quota and that 

the Columbia River Subarea Chinook 

guideline had been achieved. Therefore, 

effective Friday, September 9, 2005, the 

daily bag limit for the Columbia River 

Subarea was modified as follows: ‘‘All 

salmon, except no Chinook retention, 

two fish per day, all retained coho must 

have a healed adipose fin clip.’’

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. An inseason 

conference call was scheduled on 

Tuesday, September 13, 2005, to 

evaluate the status of the catch from the 

U.S.-Canada Border to Cape Falcon, 

Oregon, and make any inseason actions 

if warranted. Modification of the species 

that may be caught and landed during 

specific seasons and the establishment 

or modification of limited retention 

regulations is authorized by regulations 

at 50 CFR 660.409(b)(1)(ii). 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 

Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Rules and Regulations 69917 

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 #8 (70 FR 55303, 

September 21, 2005), effective Tuesday, 

August 30, 2005, 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. 

On September 7, 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 Chinook catch 

was near the overall Chinook quota and 

that the Columbia River Subarea 

Chinook guideline had been achieved. 

As a result, on September 7, 2005, the 

states recommended, and the RA 

concurred, that effective Friday, 

September 9, 2005, the daily bag limit 

for the Columbia River Subarea was 

modified as follows: ‘‘All salmon, 

except no Chinook retention, two fish 

per day, all retained coho must have a 

healed adipose fin clip.’’ 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 action 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 

modifications 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 

these actions would unnecessarily limit 

fishers appropriately controlled access 

to available fish during the scheduled 

fishing season. 

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 14, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–22858 Filed 11–17–05; 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. 

110905F] 

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action 

#11—Adjustment of the Commercial 

Salmon Fishery from the OregonCalifornia Border to Humboldt South 

Jetty, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Closure; request for comments. 

SUMMARY: NMFS announces that the 

commercial salmon fishery in the area 

from the Oregon-California Border to 

Humboldt South Jetty, CA, was 

modified to close at midnight on Friday, 

September 16, 2005. 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: Closure effective 2359 hours 

local time (l.t.), September 16, 2005, 

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 5, 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 

2005salmonIA11.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. 110905F] 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 Oregon-California Border 

to Humboldt South Jetty, CA, effective 

at midnight on Friday, September 16, 

2005. On September 16, the Regional 

Administrator determined that available 

catch and effort data indicated that the 

quota of 6,000 Chinook salmon would 

be reached by midnight. 

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 fishery in 

the area from the Oregon-California 

Border to Humboldt South Jetty, CA 

(California Klamath Management Zone), 

would open September 3 through the