[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Rules and Regulations]
[Pages 65093-65094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25112]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 14 - 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 Queets River to Leadbetter Point, WA (Westport Subarea), 
was modified to close at midnight on Monday, September 6, 2004. In 
addition, the recreational salmon fishery in the area from Leadbetter 
Point, WA to Cape Falcon, OR (Columbia River Subarea), was modified to 
reopen the area between Tillamook Head (45[deg]56'45'' N. lat.) and 
Cape Falcon effective Saturday, September 4, 2004. 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: Closure for the area from the Queets River to Leadbetter Point, 
WA effective 2359 hours local time (l.t.) September 6, 2004; reopening 
the area between Cape Falcon and Tillamook Head 0001 hours l.t. 
September 4, 2004, until the chinook quota or coho quota is taken, or 
2359 hours l.t., September 30, 2004, whichever is earlier; after which 
the fisheries 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 26, 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 in the area from the Queets 
River to Leadbetter Point, WA (Westport Subarea) to close at midnight 
on Monday, September 6, 2004. In addition, the recreational salmon 
fishery in the area from Leadbetter Point, WA, to Cape Falcon, OR 
(Columbia River Subarea) was modified to reopen the area between Cape 
Falcon and Tillamook Head (45[deg]56'45'' N. lat.) effective Saturday, 
September 4, 2004. On September 2 the Regional Administrator had 
determined the available catch and effort data indicated that the 
adjusted quota of 10,000 coho salmon in the Westport Subarea would be 
reached by September 6, and that the small closed area in Columbia 
River Subarea could be reopened without exceeding conservation 
objectives established preseason.
    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 boundaries, including landing 
boundaries, and establishment of closed areas is authorized by 
regulations at 50 CFR 660.409(b)(1)(v).
    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; 
and the recreational fishery in the area from Leadbetter Point, WA to 
Cape Falcon, OR (Columbia River Subarea), would open June 27 through 
earlier of September 30 or 101,250 coho subarea quota with a subarea 
guideline of 8,000 chinook, and the area between Cape Falcon and 
Tillamook Head would be closed beginning August 1.
    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 
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 63332, November 1, 2004). Unmarked coho 
could only be possessed and landed in the Westport

[[Page 65094]]

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.
    The area from the U.S.-Canada Border to Cape Alava, WA (Neah Bay 
Subarea), was modified by Inseason Action 13 to close at 
midnight on Thursday, September 2, 2004 (69 FR 64501, November 5, 
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 September 2, 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 revised 
Westport Subarea coho quota of 10,000 would be reached soon, and that 
the Columbia River Subarea catch was much lower than was predicted 
preseason. As a result, on September 2 the states recommended, and the 
RA concurred, that the recreational salmon fishery close in the 
Westport Subarea at midnight on Monday, September 6, 2004, and the 
recreational Columbia River Subarea be modified to reopen in the area 
between Tillamook Head and Cape Falcon effective Saturday, September 4, 
2004. All other restrictions that apply to these fisheries 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 actions were given prior to 
the date the actions were 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 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 or the 
time an area must be reopened to allow access to fish when they are 
available. 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. In addition, the action also 
relieved a restriction by reopening a closed area, thus providing 
additional harvest opportunity and was consistent with conservation and 
use objectives specified in the 2004 annual management measures. 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 5, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-25112 Filed 11-9-04; 8:45 am]
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