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 

69918 Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Rules and Regulations 

earlier of September 30 or a 6,000 

Chinook quota. 

On September 16, 2005, the Regional 

Administrator consulted with 

representatives of the Pacific Fishery 

Management Council and California 

Department of Fish and Game. 

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 State of 

California recommended, and the 

Regional Administrator concurred, that 

the area from the Oregon-California 

Border to Humboldt South Jetty, CA, 

close effective at midnight on Friday, 

September 16, 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 state. 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 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: November 14, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–22863 Filed 11–17–05; 8:45 am] 

BILLING CODE 3510–22–S