[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Rules and Regulations]
[Pages 63333-63335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24342]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429134-4135-01; I.D. 102504A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 11--Adjustments of the 
Recreational and Commercial Fisheries 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 that the commercial salmon fishery in the area 
from the Queets River to Cape Falcon, OR, was modified effective 
September 1, 2004, to allow for the retention of all legal sized coho 
with a landing provision that no vessel may possess, land, or deliver 
more than 500 coho for each 5-day open period until the earlier of 
September 15 or a quota of 10,000 coho. Unmarked coho could only be 
possessed and landed in the area from the Queets River to Cape Falcon. 
The recreational salmon fishery from the Queets River to Leadbetter 
Point, WA (Westport Subarea) was modified effective Sunday, August 29, 
2004, to allow for the retention of all legal sized coho until the 
earlier of September 19 or a quota of 10,000 coho. Unmarked coho could 
only be possessed and landed in the Westport Subarea. In addition, 
20,000 coho from the quota of the commercial fishery from the U.S.-
Canada Border to Cape Falcon, OR, was traded for 5,000 chinook from the 
recreational Westport Subarea guideline. These actions were necessary 
to conform to the 2004 management goals.

[[Page 63334]]


DATES: Trade of coho and chinook effective August 19, 2004; adjustment 
for the area from the Queets River to Cape Falcon, OR, effective 0001 
hours local time (l.t.) September 1, 2004, until the chinook quota or 
coho quota are taken, or 2359 hours l.t., September 15, 2004; and the 
adjustment for the area from the from the Queets River to Leadbetter 
Point, WA, effective 0001 hours l.t. August 29, 2004, until the chinook 
quota or coho quota are taken, or 2359 hours l.t., September 19, 2004; 
after which dates each 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 November 16, 
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) 
adjusted the commercial salmon fishery in the area from the Queets 
River to Cape Falcon, Oregon, effective September 1, 2004, to allow 
retention of all legal sized coho with a landing provision that no 
vessel may possess, land, or deliver more than 500 coho for each 5-day 
open period until the earlier of September 15 or a quota of 10,000 
coho. Unmarked coho could only be possessed and landed in the area from 
the Queets River to Cape Falcon. The recreational salmon fishery from 
the Queets River to Leadbetter Point, WA (Westport Subarea) was 
modified effective Sunday, August 29, 2004, to allow retention of all 
legal sized coho until the earlier of September 19 or a quota of 10,000 
coho. Unmarked coho could only be possessed and landed in the Westport 
Subarea. In addition, 20,000 coho from the quota of the commercial 
fishery from the U.S.-Canada Border to Cape Falcon, OR was traded for 
5,000 chinook from the recreational Westport Subarea guideline. On 
August 19 the Regional Administrator had determined the available catch 
and effort data indicated that restricting the fishery to marked coho 
was no longer needed because the percentage of marked hatchery coho was 
less than what was predicted preseason and impacts to natural unmarked 
coho would be less than anticipated preseason. In addition, the 
commercial troll fishery was projected to reach its chinook quota, and 
because there were additional chinook in the recreational Westport 
Subarea guideline, a trade of coho for chinook could be done while 
still meeting conservation objectives and without impacting Westport 
Subarea recreational fishers.
    All other restrictions remained 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 
quotas and/or fishing seasons is authorized by regulations at 50 CFR 
660.409(b)(1)(i). 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).
    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.
    The fishery in the area from the U.S.-Canada Border to Cape Falcon, 
OR, was modified by Inseason Action 6 to 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 (69 FR 
51609, August 20, 2004). The fishery then reverted back to the 
regulations as announced for 2004 ocean salmon fisheries and would 
continue until the chinook quota or coho quota were taken, or September 
15, which ever was 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.
    In the 2004 annual management measures for ocean salmon fisheries 
(69 FR 25026, May 5, 2004), NMFS announced the recreational fishery 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.
    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).
    The recreational fisheries in the area from Cape Alava, WA to Cape 
Falcon, OR, (La Push, Westport, and Columbia River Subareas) were 
modified by Inseason Action 10 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

[[Page 63335]]

the Neah Bay quota by 6,600 coho (69 FR 54047, September 7, 2004).
    On August 19, 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 and effort data indicated that 
restricting the fishery to marked coho was no longer needed because the 
percentage of marked hatchery coho was less than what was predicted 
preseason and impacts to natural unmarked coho would be less than 
anticipated preseason. In addition, the commercial troll fishery was 
projected to reach its chinook quota, and because there were additional 
chinook in the recreational Westport Subarea guideline, a trade of coho 
for chinook could be done while still meeting conservation objectives 
and without impacting Westport Subarea recreational fishers. As a 
result, on August 19 the states recommended, and the RA concurred, that 
the commercial salmon fishery in the area from the Queets River to Cape 
Falcon, OR be modified effective September 1, 2004, to allow for the 
retention of all legal sized coho with a landing provision that no 
vessel may possess, land, or deliver more than 500 coho for each 5-day 
open period until the earlier of September 15 or a quota of 10,000 
coho. Unmarked coho could only be possessed and landed in the area from 
the Queets River to Cape Falcon. The recreational salmon fishery from 
the Queets River to Leadbetter Point, WA (Westport Subarea), would be 
modified effective Sunday, August 29, 2004, to allow for the retention 
of all legal sized coho until the earlier of September 19 or a quota of 
10,000 coho. Unmarked coho could only be possessed and landed in the 
Westport Subarea. In addition, 20,000 coho from the quota of the 
commercial fishery from the U.S.-Canada Border to Cape Falcon, OR would 
be traded for 5,000 chinook from the recreational Westport Subarea 
guideline. All other restrictions that apply to these fisheries would 
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 above 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 was 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 the restriction of selective fishing for marked coho in 
both the commercial and recreational fisheries.
    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: October 26, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-24342 Filed 10-29-04; 8:45 am]
BILLING CODE 3510-22-S