[Federal Register Volume 69, Number 214 (Friday, November 5, 2004)]
[Rules and Regulations]
[Pages 64501-64502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24760]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 13 - Adjustments of 
the Recreational 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: Closure and modification of fishing seasons; request for 
comments.

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SUMMARY: NMFS announces that the recreational salmon fishery in the 
area from the U.S.-Canada Border to Cape Alava, WA (Neah Bay Subarea), 
was modified to close at midnight on Thursday, September 2, 2004. To 
allow for the Neah Bay Subarea to remain open until September 2, 2004, 
3,100 coho were transferred to the Neah Bay coho quota on an impact 
neutral basis from the Queets River to Leadbetter Point, WA (Westport 
Subarea) coho quota. 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: Transfer of quota to the U.S.-Canada Border to Cape Alava, WA 
effective August 26, 2004; closure for the area from the U.S.-Canada 
Border to Cape Alava, WA effective 2359 hours local time September 2, 
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 2005 annual 
management measures. Comments will be accepted through November 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) 
adjusted the recreational salmon fishery

[[Page 64502]]

in the area from the U.S.-Canada Border to Cape Alava, WA (Neah Bay 
Subarea) to close at midnight on Thursday, September 2, 2004. To allow 
for the Neah Bay Subarea to remain open until September 2, 3,100 coho 
were transferred to the Neah Bay coho quota on an impact neutral basis 
from the Queets River to Leadbetter Point, WA (Westport Subarea), coho 
quota. On August 19 the Regional Administrator had determined the 
available catch and effort data indicated that the adjusted quota of 
30,750 coho salmon would be reached, and that a transfer of quota from 
the Westport to the Neah Bay Subarea could be done without impacting 
the fishers from Westport.
    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. Automatic 
season closures based on quotas are authorized by regulations at 50 CFR 
660.409(a)(1). 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 fishery in 
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; 
and that 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 Subareas) 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 the Neah Bay Subarea quota by 6,600 coho (69 
FR 54047, September 7, 2004).
    The recreational salmon fishery from the Queets River to Leadbetter 
Point, WA (Westport Subarea) was modified by Inseason Action 
numsign;11, 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 (69 FR 63333, November 1, 2004). 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 was traded for 5,000 chinook from the 
Westport Subarea quota.
    On August 26, 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 coho and chinook catch 
rates, and effort data indicated that it was likely that the Neah Bay 
Subarea coho quota would be reached soon, and that the Westport Subarea 
catch was much lower than was predicted preseason, with the result that 
a significant portion of the subarea coho quota would remain un-caught 
at the end of the season. As a result, on August 26 the states 
recommended, and the RA concurred, that 7,100 coho be reallocated from 
the Westport Subarea quota, by transferring the coho on an impact 
neutral basis, to the coho quota in the Neah Bay Subarea, thus 
increasing its quota by 3,100 coho; and that the Neah Bay Subarea be 
closed at midnight on Thursday, September 2, 2004. All other 
restrictions that apply to this fishery remained 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 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 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.
    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 action 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 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).
    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: November 1, 2004.
Bruce C. Morehead,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-24760 Filed 11-4-04; 8:45 am]
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