[Federal Register Volume 69, Number 100 (Monday, May 24, 2004)]
[Rules and Regulations]
[Pages 29464-29465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11664]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429134-4135-01; I.D. 051704B]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action [numsign]1 - Adjustment of the 
Commercial Fishery from the U.S.-Canada Border to Cape Falcon, Oregon

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure; request for comments.

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[[Page 29465]]

SUMMARY: NMFS announces that the commercial fishery in the area from 
the U.S.-Canada Border to Cape Falcon, OR was modified to close at 
midnight on Wednesday, May 5, 2004. This action was necessary to 
conform to the 2004 management goals. The intended effect of this 
action is to allow the fishery to operate within the seasons and quotas 
as specified in the 2004 annual management measures.

DATES: Closure in the area from the U.S.-Canada Border to Cape Falcon, 
OR, effective 2359 hours local time (l.t.), May 5, 2004, 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 2004 annual management 
measures. Comments will be accepted through June 8, 2004.

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, Acting 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 
2004oceansalmonIA#[email protected] address, or through the 
internet at the Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments and include the docket 
number 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 Regional Administrator modified the 
season for the commercial fishery in the area from the U.S.-Canada 
Border to Cape Falcon, OR to close at midnight on Wednesday, May 5, 
2004. On May 5 the Regional Administrator determined that available 
catch and effort data indicated that the quota of 29,300 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 2004 annual management measures for ocean salmon fisheries 
(69 FR 25026, May 5, 2004), NMFS announced the commercial fishery for 
all salmon except coho in the area from the U.S.-Canada Border to Cape 
Falcon, OR would open May 1 through the earlier of June 30 or a 29,800 
chinook quota. The fishery would be managed to provide a remaining 
quota of 500 chinook for a June 26 through 30 open period with a 50-
fish, per vessel, landing limit for the 5-day open period. The 
resulting quota for the first part of the May-June fishery is 29,300 
chinook.
    On May 5, 2004, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council (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 catch rate, and effort data indicated that it was 
likely that the chinook quota would be reached by Wednesday, May 5, 
2004. As a result, the states recommended, and the Regional 
Administrator concurred, that the area from the U.S.-Canada Border to 
Cape Falcon, OR close effective at midnight on Wednesday, May 5, 2004. 
All other restrictions that apply to this fishery remained in effect as 
announced in the 2004 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 this 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 (69 FR 25026, May 5, 2004), 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 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, taking the time to provide notice and 
comment would have allowed the fishery to exceed the quota. One 
consequence of exceeding the quota is that the previously scheduled 
June 26-30 fishery would have to be canceled. A separate quota of 500 
chinook was set aside for this fishery to take advantage of the market 
opportunities prior to a holiday weekend. Another consequence of 
exceeding the quota is that the previously scheduled July 8 - September 
15 fishery would also be reduced or cancelled. A separate guideline of 
14,700 chinook was set aside for this fishery to provide access to a 
quota of 67,500 coho during the summer season. Exceeding the quota in 
the May-June fishery would therefore reduce or eliminate the 
opportunity to catch harvestable coho. 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: May 18, 2004.
Galen R Tromble,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-11664 Filed 5-21-04; 8:45 am]
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