[Federal Register Volume 69, Number 109 (Monday, June 7, 2004)]
[Rules and Regulations]
[Pages 31758-31759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12809]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429134-4135-01; I.D. 052704B]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Actions 2 and 3 - 
Adjustments 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: Rescission of automatic closures; request for comments.

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SUMMARY: NMFS announces that the commercial fishery in the area from 
the U.S.-Canada Border to Cape Falcon, OR, which was closed on May 5, 
was modified to reopen May 15 and close at midnight on May 18, 2004, 
with the provision that no vessel may possess, land, or deliver more 
than 125 chinook for the entire 4 day open period (Inseason Action 
2); and to reopen May 24 through midnight on May 26, 2004, 
with the provision that no vessel may possess, land, or deliver more 
than 70 chinook for the entire 3 day open period (Inseason Action 
3). These actions were necessary to conform to the 2004 
management goals. The intended effect of these actions was to allow the 
fishery to operate within the seasons and quotas specified in the 2004 
annual management measures.

DATES: Inseason Action 2 - Reopening the area from the U.S.-
Canada Border to Cape Falcon, OR effective 0001 hours local time 
(l.t.), May 15, 2004, until 2359 hours l.t., May 18, 2004; and Inseason 
Action 3 - reopening the area from the U.S.-Canada Border to 
Cape Falcon, OR effective 0001 hours l.t., May 24, 2004, until 2359 
hours l.t., May 26, 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 22, 2004.

ADDRESSES: Comments on these actions 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#2-#[email protected] address, or through the internet at 
the Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments, and include [docket number and/or 
RIN 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.

[[Page 31759]]


FOR FURTHER INFORMATION CONTACT: Christopher Wright, 206-526-6140.

SUPPLEMENTARY INFORMATION: The Regional Administrator (RA) modified the 
season for the commercial fishery in the area from the U.S.-Canada 
Border to Cape Falcon, OR to reopen May 15 and close at midnight l.t. 
on May 18, 2004, with the restriction that no vessel may possess, land, 
or deliver more than 125 chinook for the entire 4 day open period. On 
May 14 the Regional Administrator had determined that the available 
catch and effort data indicated that there was enough of the chinook 
quota to allow four additional days of fishing. The fishery was 
scheduled to be reevaluated on May 21 to consider whether additional 
openings would be appropriate.
    On May 21, 2004, the RA again modified the season for the 
commercial fishery in the area from the U.S.-Canada Border to Cape 
Falcon, OR, this time to reopen May 24 and close at midnight on May 26, 
2004, with the restriction that no vessel may possess, land, or deliver 
more than 70 chinook for the entire 3 day open period. The RA 
determined that the available catch and effort data indicated that 
there was enough of the chinook quota to allow three additional days of 
fishing.
    For both inseason actions, all other restrictions remained in 
effect as announced for 2004 ocean salmon fisheries. These actions were 
necessary to conform to the 2004 management goals. Recision of 
automatic season closures are authorized by regulations at 50 CFR 
660.409(a)(2). Modification of fishing seasons are authorized by 
regulations at 50 CFR 660.409(b)(1)(i).
    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 therefore 
29,300 chinook.
    The fishery in the area from the U.S.-Canada Border to Cape Falcon, 
OR was modified by an inseason action to close effective at midnight 
l.t. on Wednesday, May 5, 2004 (69 FR 29464, May 24, 2004). The fishing 
season was closed to avoid exceeding the chinook quota.
    On May 14 and 21, 2004, 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 catch rate, and 
effort data indicated that there was enough of the chinook quota to 
allow two additional open periods of fishing. As a result, on May 14, 
the states recommended, and the RA concurred, that the area from the 
U.S.-Canada Border to Cape Falcon, OR, reopen May 15 and close at 
midnight l.t. on May 18, 2004, with the provision that no vessel may 
possess, land, or deliver more than 125 chinook for the entire 4 day 
open period. On May 21, the states recommended, and the RA concurred, 
that the area reopen on May 24 through midnight l.t. on May 26, 2004, 
with the restriction that no vessel may possess, land, or deliver more 
than 70 chinook for the entire three day open period. All other 
restrictions that apply to this fishery remained in effect as announced 
in the 2004 annual management measures.
    The RA determined that the best available information indicated 
that the catch and effort data, and projections, supported the above 
inseason actions 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 these Federal actions. As provided by 
the inseason notice procedures of 50 CFR 660.411, actual notice to 
fishers of the above described actions was given, prior to the time 
each 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.
    These actions do 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 these actions were provided to 
fishers through telephone hotline and radio notification. These actions 
comply 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 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.
    These actions are authorized by 50 CFR 660.409 and 660.411 and are 
exempt from review under Executive Order 12866.

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

    Dated: June 1, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-12809 Filed 6-4-04; 8:45 am]
BILLING CODE 3510-22-S