[Federal Register Volume 69, Number 222 (Thursday, November 18, 2004)]
[Rules and Regulations]
[Pages 67510-67512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25642]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429134-4135-01; I.D. 111004A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 15--Adjustments of the 
Commercial 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: Closure and Modification of fishing seasons; request for 
comments.

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SUMMARY: NMFS announces that the commercial salmon fishery in the 
subarea from the Queets River, WA to Cape Falcon OR, was projected to 
reach its 10,000 coho quota and was closed effective at midnight on 
Tuesday, September 7, 2004. In addition, regulations for the commercial 
salmon fishery in the subarea from the U.S.-Canada Border to the Queets 
River, were modified to open the fishery September 8 through the 
earlier of September 15, or a subarea quota of 8,000 marked coho, with 
a landing and possession limit of 125 chinook per vessel for the 8-day 
open period. These actions were necessary to conform to the 2004 
management goals.

DATES: Closure of the area from the Queets River, WA to Cape Falcon, 
OR, effective 2359 hours local time (l.t.) September 7, 2004; the area 
from the U.S.-Canada Border to the Queets River, WA, was reopened 
effective 0001 hours l.t. September 8, 2004, until the chinook quota or 
coho quota is taken, or 2359 hours l.t., September 15, 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 December 3, 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

[[Page 67511]]

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) closed 
the commercial salmon fishery in the subarea from the Queets River, WA 
to Cape Falcon, OR, effective at midnight on Tuesday, September 7, 
2004. In addition, the commercial salmon fishery in the subarea from 
the U.S.-Canada Border to the Queets River, was modified to open 
September 8 through the earlier of September 15, or a subarea quota of 
8,000 marked coho, with a landing and possession limit of 125 chinook 
per vessel for the eight-day open period. On September 7, 2004, the 
Regional Administrator determined the available catch and effort data 
indicated that the adjusted subarea quota of 10,000 coho salmon for the 
subarea from the Queets River, WA to Cape Falcon, OR would be reached. 
The data also indicated the restriction for the subarea from the U.S.-
Canada Border to the Queets River to be open only from Wednesday 
through Sunday could be modified so the area could remain open for 8 
days until the end of the scheduled season without exceeding any 
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 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 preseason for 2004 ocean salmon fisheries and 
was scheduled to continue until the chinook quota or coho quota were 
taken, or September 15, which ever was earlier. Consistent with the 
preseason schedule 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.
    The commercial salmon fishery in the area from the Queets River to 
Cape Falcon, OR was modified by Inseason Action 11 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 (69 FR 63333, November 1, 2004). 
Unmarked coho could only be possessed and landed in the area from the 
Queets River to Cape Falcon. 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 recreational salmon fishery from the 
Queets River to Leadbetter Point, WA (Westport Subarea) guideline.
    On September 7, 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 it 
was likely that the commercial salmon fishery in the subarea from the 
Queets River, WA, to Cape Falcon, OR, would reach its 10,000 coho quota 
by midnight. The data also indicated the restriction for the subarea 
from the U.S.-Canada Border to the Queets River to be open only from 
Wednesday through Sunday could be modified so the area could remain 
open for 8 days until the end of the scheduled season without exceeding 
any conservation objectives established preseason. As a result, on 
September 7 the states recommended, and the RA concurred, that the 
commercial salmon fishery in the area from the Queets River to Cape 
Falcon be closed effective at midnight on September 7, 2004, and that 
the commercial salmon fishery in the subarea from the U.S.-Canada 
Border to the Queets River, be modified to open September 8 through the 
earlier of September 15, or a subarea quota of 8,000 marked coho, with 
a landing and possession limit of 125 chinook per vessel for the eight-
day open period. All other restrictions that apply to these fisheries 
remained 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 time 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

[[Page 67512]]

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 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 the 
fishery modifications had to be implemented in order to allow fishers 
access to the available fish at the time the fish were 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 modifying a subarea regulation to be open 7 days per 
week instead of 5 days per week, thus providing additional harvest 
opportunity. 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 12, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-25642 Filed 11-17-04; 8:45 am]
BILLING CODE 3510-22-S