[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Rules and Regulations]
[Pages 54047-54048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20235]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429134-4135-01; I.D. 083004B]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 10 - Adjustments of 
the Recreational 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 seasons; request for comments.

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SUMMARY:  NMFS announces two regulatory modifications, and a 
reallocation of the coho quota, in the recreational fishery from the 
U.S.-Canada Border to Cape Falcon, OR. Effective Friday, August 13, 
2004, regulations for the area from Cape Alava, WA to Cape Falcon, OR 
(La Push, Westport, and Columbia River Subareas) were modified to have 
a minimum size limit for chinook of 24 inches (61.0 cm) total length; 
and for the area from Cape Alava to Queets River, WA (La Push Subarea) 
the daily bag limit was modified to: ``all salmon, two fish per day, 
and all retained coho must have a healed adipose fin clip,'' thus 
allowing for the retention of two chinook per day. In addition, 40,000 
coho were reallocated from Queets River to Leadbetter Point, WA 
(Westport Subarea) quota, by transferring the coho on an impact neutral 
basis, to the coho quota in the subarea from the U.S.-Canada Border to 
Cape Alava, WA (Neah Bay Subarea), which increased the Neah Bay quota 
by 6,600 coho. 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:  Effective 0001 hours local time (l.t.), August 13, 2004, until 
the chinook quota or coho quota are taken, or 2359 hours l.t., 
September 30, 2004, which ever 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 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, 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) has 
adjusted the recreational fishery from the U.S.-Canada Border to Cape 
Falcon, OR with two regulatory modifications, and also reallocated the 
coho quota among two subareas. Effective Friday, August 13, 2004, 
regulations in the area from Cape Alava, WA to Cape Falcon, OR, (La 
Push, Westport, and Columbia River Subareas) were modified to have a 
minimum size limit for chinook of 24 inches (61.0 cm) total length; and 
for the area from Cape Alava to Queets River, WA (La Push Subarea) the 
daily bag limit was modified to: ``all salmon, two fish per day, and 
all retained coho must have a healed adipose fin clip,'' thus allowing 
for the retention of two chinook per day. In addition, 40,000 coho were 
reallocated from Queets River to Leadbetter Point, WA (Westport 
Subarea) quota, by transferring the coho on an impact neutral basis, to 
the coho quota in the subarea from the U.S.-Canada Border to Cape 
Alava, WA (Neah Bay Subarea), which increased the Neah Bay quota by 
6,600 coho. On August 10, 2004, the Regional Administrator had 
determined the available catch and effort data indicated that the catch 
was less than anticipated

[[Page 54048]]

preseason and that provisions designed to slow the catch of chinook 
could be modified. In addition, the Neah Bay subarea was projected to 
reach its coho quota, and because there were additional coho in the 
Westport subarea quota, a reallocation of the North of Cape Falcon 
overall quota could be done while still meeting conservation objectives 
and without impacting Westport subarea fishers.
    All other restrictions remain in effect as announced for 2004 ocean 
salmon fisheries and previous inseason actions. These actions were 
necessary to conform to the 2004 management goals. Modification of the 
species that may be caught and landed during specific seasons and the 
establishment or modification of limited retention regulations are 
authorized by regulations at 50 CFR 660.409(b)(1)(ii). Modification of 
recreational bag limits is authorized by regulations at 50 CFR 
660.409(b)(1)(iii). Modification of quotas and/or fishing seasons is 
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 recreational fisheries: 
the area from the U.S.-Canada Border to Cape Alava, WA (Neah Bay 
Subarea) would open June 27 through the earlier of September 19 or a 
21,050-coho subarea quota, with a subarea guideline of 3,700 chinook; 
the area from Cape Alava to Queets River, WA (La Push Subarea) would 
open June 27 through the earlier of September 19 or a 5,200 coho 
subarea quota, with a subarea guideline of 1,900 chinook; 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. All 
subareas were restricted to a chinook minimum size limit of 26 inches 
(66.0 cm) total length. In addition, all of the subarea 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.
    The recreational fishery in the area from the Queets River, WA to 
Cape Falcon, OR (Westport and Columbia River Subareaa) was modified by 
Inseason Action 7 to be open 7 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, 
thus allowing for the retention of two chinook per day (69 FR 52448, 
August 26, 2004,).
    On August 10, 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 
rates, 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, by relaxing the size and bag limit 
provisions. In addition, the Neah Bay subarea was projected to reach 
its coho quota, and because there were additional coho in the Westport 
subarea quota, a reallocation of the North of Cape Falcon overall quota 
could be done while still meeting conservation objectives and without 
impacting Westport subarea fishers. As a result, on August 10, 2004, 
the states recommended, and the RA concurred, that effective Friday, 
August 13, 2004, the recreational fishery from the U.S.-Canada Border 
to Cape Falcon, OR would be adjusted by the following: Regulations for 
the area from Cape Alava, WA to Cape Falcon, OR (La Push, Westport, and 
Columbia River Subareas) would be modified to have a minimum size limit 
for chinook of 24 inches (61.0 cm) total length; and the daily bag 
limit for the area from Cape Alava to Queets River, WA (La Push 
Subarea) would be modified to: ``all salmon, two fish per day, and all 
retained coho must have a healed adipose fin clip,'' thus allowing for 
the retention of two chinook per day. In addition, 40,000 coho from 
Queets River to Leadbetter Point, WA (Westport Subarea) quota would be 
transferred on an impact neutral basis to the coho quota in the area 
from the U.S.-Canada Border to Cape Alava, WA (Neah Bay Subarea), 
thereby increasing the Neah Bay quota by 6,600 coho. All other 
restrictions that apply to this fishery remain in effect as announced 
in the 2004 annual management measures and previous inseason actions.
    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 already described regulatory actions were 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.
    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 the regulatory 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 limit fishers appropriately controlled access to 
available fish during the scheduled fishing season by unnecessarily 
maintaining two restrictions. The action reduced the minimum size limit 
for chinook to 24 inches (61.0 cm) total length, which allowed for 
greater chinook salmon retention. 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.
    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: August 31, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-20235 Filed 9-3-04; 8:45 am]
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