[Federal Register Volume 69, Number 138 (Tuesday, July 20, 2004)]
[Rules and Regulations]
[Pages 43345-43346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16356]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429134-4135-01; I.D. 071304A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Actions 5 - 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: Modification of fishing season; 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 was modified to open July 8 
and close at midnight on July 12, 2004, then to reopen on July 16 
through midnight on July 19, 2004, with the provision that no vessel 
may possess, land, or deliver more than 100 chinook for each open 
period. This action was necessary to conform to the 2004 management 
goals. The intended effect of this action was to allow the fishery to 
operate within the seasons and quotas specified in the 2004 annual 
management measures.

DATES: Adjustment of the area from the U.S.-Canada Border to Cape 
Falcon, OR effective 0001 hours local time (l.t.), July 8, 2004, until 
2359 hours l.t., July 19, 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 August 4, 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 
[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.

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 open July 8 and close at midnight on July 
12, 2004, then reopen on July 16 through July 19, with the provision 
that no vessel may possess, land, or deliver more than 100 chinook for 
each open period. On July 2 the Regional Administrator had determined 
available catch and effort data indicated that the effort predicted 
preseason was low and that restricting the fishery to slow the catch of 
chinook would allow additional time for fishers to access more of the 
coho quota. The fishery was scheduled to be reevaluated by an inseason 
conference call on July 14, and any further adjustments announced.
    All other restrictions remain in effect as announced for 2004 ocean 
salmon fisheries. This action was necessary to conform to the 2004 
management goals. Modification of fishing seasons is authorized by 
regulations at 50 CFR 660.409(b)(1)(i) and (ii).
    In the 2004 annual management measures for ocean salmon fisheries 
(69 FR 25026, May 5, 2004), NMFS announced the commercial fishery for 
all salmon in the area from the U.S.-Canada Border to Cape Falcon, OR 
would open July 8 through the earlier of September 15, or a 14,700-
chinook preseason guideline, or a 67,500-coho quota. The 67,500-coho 
quota included a subarea quota of 8,000 coho for the area between the 
U.S.-Canada border and the Queets River, WA. The fishery was scheduled 
to be open Thursday through Monday prior to August 11, and Wednesday 
through Sunday thereafter, with the restriction that no vessel may 
possess, land, or deliver more than 125 chinook for each 5-day open 
period.
    On July 2, 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 the effort predicted preseason was low and 
that restricting the fishery to slow the catch of chinook would allow 
additional time for fishers to access more of the coho quota. As a 
result, on July 2 the states recommended, and the RA concurred, that 
the area from the U.S.-Canada Border to Cape Falcon, OR open July 8 and 
close at midnight l.t. on July 12, 2004 (5 days open), then reopen on 
July 16 through midnight l.t. on July 19, 2004 (4 days open), with the 
provision that no vessel may possess, land, or deliver more than 100 
chinook for each open period. All other restrictions that apply to this 
fishery remain 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 action recommended by the states. The states manage the 
fisheries in state waters adjacent to the areas of the U.S.

[[Page 43346]]

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 already 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 (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.
    This action is 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: July 14, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-16356 Filed 7-19-04; 8:45 am]
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