[Federal Register Volume 69, Number 161 (Friday, August 20, 2004)]
[Rules and Regulations]
[Pages 51609-51610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19166]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429134-4135-01; I.D. 081604A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 6--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 salmon fishery in the area 
from the U.S.-Canada Border to Cape Falcon, OR was modified with a 
revised landing provision that no vessel may possess, land, or deliver 
more than 125 chinook for the open period of July 16 through July 19, 
2004. The fishery then reverted back to the regulations as announced 
for 2004 ocean salmon fisheries and will continue until the chinook 
quota or coho quota are taken, or September 15, which ever is earlier. 
The fishery was reopened on July 22, with an open cycle of Thursday 
through Monday prior to August 11, and Wednesday through Sunday 
thereafter, and a landing and possession limit of 125 chinook per 
vessel per each 5-day 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 for the area from the U.S.-Canada Border to Cape 
Falcon, OR effective 0001 hours local time (l.t.), July 16, 2004, until 
the chinook quota or coho quota are taken, or 2359 hours l.t., 
September 15, 2004, 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 September 7, 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, 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 NMFS 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 on July 16 through July 
19, with the revised provision that no vessel may possess, land, or 
deliver more than 125 chinook for each open period. The fishery then 
reverted to the regulations as announced

[[Page 51610]]

for 2004 ocean salmon fisheries and continues until the chinook quota 
or coho quota are taken, or September 15, whichever is earlier. The 
fishery reopened on July 22, with an open cycle of Thursday through 
Monday prior to August 11, and Wednesday through Sunday thereafter, and 
a landing and possession limit of 125 chinook per vessel per each 5-day 
open period. On July 14 the Regional Administrator had determined 
available catch and effort data indicated that the effort was less than 
predicted inseason and that restricting the fishery to slow the catch 
of chinook to allow more time for fishers to access more of the coho 
quota was no longer needed.
    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.
    The fishery in the area from the U.S.-Canada Border to Cape Falcon, 
OR, was modified by Inseason Action 5 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 
(69 FR 43345, July 20, 2004). The fishing season was modified to slow 
the chinook catch rate and avoid exceeding the chinook quota. The 
fishery was scheduled to be reevaluated by an inseason conference call 
on July 14, and any further adjustments announced.
    On July 14, 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 and coho catch 
rate, and effort data indicated that the effort during the first open 
period was lower than expected and that restricting the fishery to slow 
the catch of chinook could be rescinded without foreclosing opportunity 
for fishers to access more of the coho quota. As a result, on July 14 
the states recommended, and the RA concurred, that the area from the 
U.S.-Canada Border to Cape Falcon, OR reopen on July 16 through 
midnight l.t. on July 19, 2004 (4 days open), with the revised 
provision that no vessel may possess, land, or deliver more than 125 
chinook for each open period. The fishery would then revert to the 
regulations as announced for 2004 ocean salmon fisheries and would 
continue until the chinook quota or coho quota are taken, or September 
15, which ever is earlier. The fishery was reopened on July 22, with an 
open cycle of Thursday through Monday prior to August 11, and Wednesday 
through Sunday thereafter, and a landing and possession limit of 125 
chinook per vessel per each 5-day 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. 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 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 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 is 
exempt from review under Executive Order 12866.

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

    Dated: August 16, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc.04-19166 Filed 8-19-04; 8:45 am]
BILLING CODE 3510-22-S