[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Rules and Regulations]
[Pages 53362-53363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19970]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429134-4135-01; I.D. 082604A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 9 - Adjustment of the 
Commercial Salmon Fishery from Humbug Mountain, Oregon to the Oregon-
California Border

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 53363]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Closure; request for comments.

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SUMMARY: NMFS announces that the commercial salmon fishery in the area 
from the Humbug Mountain, OR to the Oregon-California Border was 
modified to close at midnight on Wednesday, August 4, 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 Humbug Mountain, OR to the Oregon-
California Border effective 2359 hours local time (l.t.), August 4, 
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 September 16, 
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, 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 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 salmon fishery in the area from the Humbug 
Mountain, OR to the Oregon-California Border to close at midnight on 
Wednesday, August 4, 2004. On August 3, 2004, the Regional 
Administrator determined that available catch and effort data indicated 
that the quota of 2,500 chinook salmon would be reached by midnight on 
Wednesday, August 4, 2004. 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 Humbug Mountain, OR to the 
Oregon-California Border would open March 15 through May 31; June 1 
through the earlier of June 30 or a 2,600-chinook quota; July 1 through 
the earlier of July 31 or a 1,600-chinook quota; August 1 through the 
earlier of August 29 or a 2,500-chinook quota; and September 1 through 
the earlier of September 30 or a 3,000-chinook quota.
    The fishery in the area from Humbug Mountain, OR to the Oregon-
California Border was modified by Inseason Action 4 to close 
at midnight on Saturday, June 19, 2004 (69 FR 40817, July 7, 2004) 
because the available catch and effort data indicated that the quota of 
2,600 chinook salmon had been achieved.
    The fishery in the area from Humbug Mountain, OR to the Oregon-
California Border was also modified by Inseason Action 8 to 
close at midnight on Monday, July 19, 2004 (69 FR 52449, August 26, 
2004), because the available catch and effort data indicated that the 
quota of 1,600 chinook salmon had been achieved.
    On August 3, 2004, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council 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, August 4, 20004. As a result, the State of Oregon 
recommended, and the Regional Administrator concurred, that the area 
from Humbug Mountain, OR to the Oregon-California Border close 
effective at midnight on Wednesday, August 4, 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 state. 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 date 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 agency 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, failure to close the fishery upon 
attainment of the quota would allow the quota to be exceeded, resulting 
in fewer spawning fish and possibly reduced yield of the stocks in the 
future. 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: August 27, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-19970 Filed 8-31-04; 8:45 am]
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