[Federal Register Volume 69, Number 165 (Thursday, August 26, 2004)]
[Rules and Regulations]
[Pages 52448-52449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19558]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429134-4135-01; I.D. 081704C]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 7 - Adjustments of the 
Recreational Fishery from the Queets River, Washington 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 recreational fishery in the area from 
the Queets River, WA to Cape Falcon, OR was modified to be open seven 
days per week, with a modified daily bag limit of all salmon, two fish 
per day, and all retained coho must have a healed adipose fin clip, 
effective Friday, July 23, 2004. 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 Queets River, WA to Cape 
Falcon, OR effective 0001 hours local time (l.t.), July 23, 2004, until 
the chinook quota or coho quota are taken, or 2359 hours l.t., 
September 30, 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 10, 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 No. 
040429134-4135-01] 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 recreational fishery in the area from the 
Queets River, WA to Cape Falcon, OR to be open seven days per week, 
with a modified daily bag limit of all salmon, two fish per day, and 
all retained coho must have a healed adipose fin clip, effective 
Friday, July 23, 2004. On July 16 the Regional Administrator had 
determined available catch and effort data indicated that the catch was 
less than anticipated preseason and that provisions designed to slow 
the catch of chinook could be modified.
    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 recreational bag limits and 
recreational fishing days per calendar week is authorized by 
regulations at 50 CFR 660.409(b)(1)(iii).
    In the 2004 annual management measures for ocean salmon fisheries 
(69 FR 25026, May 5, 2004), NMFS announced the recreational fisheries 
for all salmon in the area from the Queets River to Leadbetter Point, 
WA (Westport Subarea) would open June 27 through the earlier of 
September 19 or a 74,900 coho subarea quota with a subarea guideline of 
30,800 chinook, and the area from Leadbetter Point, WA to Cape Falcon, 
OR (Columbia River Subarea) would open June 27 through the earlier of 
September 30 or a 101,250 coho subarea quota with a subarea guideline 
of 8,000 chinook. Both the Westport and Columbia River Subareas were 
scheduled to be open Sunday through Thursday, except there was a 
provision that there may be a conference call no later than July 28 to 
consider opening seven days per week. In addition, both subarea's bag 
limits were for all salmon, two fish per day, no more than one of which 
may be a chinook, with all retained coho required to have a healed 
adipose fin clip.
    On July 16, 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 catch was less than anticipated 
preseason and that provisions designed to slow the catch of chinook 
could be modified, relaxing the open days and bag limit provisions. As 
a result, on July 16 the states recommended, and the RA concurred, that 
both the Westport and Columbia River Subareas be open seven days per 
week, with a modified daily bag limit of all salmon, two fish per day, 
and all retained coho must have a healed adipose fin clip, effective 
Friday, July 23, 2004. 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

[[Page 52449]]

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 limit fishers appropriately controlled access to available fish 
during the scheduled fishing season as unnecessarily maintaining two 
restrictions. The action immediately expanded the recreational fishery 
from 5 days per week to 7 days per week, and thus provides fishers with 
two additional days per week to fish for salmon. The action also 
allowed fishers to land up to two of any species of salmon, previously 
only one of the two-fish bag limit could be a chinook salmon.
    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: August 20, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-19558 Filed 8-25-04; 8:45 am]
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