[Federal Register Volume 70, Number 90 (Wednesday, May 11, 2005)]
[Rules and Regulations]
[Pages 24728-24730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9421]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429134-4135-01; I.D. 050405D]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 1--Adjustment of the 
Commercial Fisheries From the Cape Falcon, Oregon, to the Oregon-
California Border

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 fisheries in the 
area from the Cape Falcon, Oregon, to the Oregon-California Border were 
modified by inseason action. This action was necessary to conform to 
the 2004 management goals. The intended effect of this action was to 
allow the fishery to operate within the seasons and quotas specified in 
the 2004 annual management measures.

DATES:  Adjustments for the area from the Cape Falcon, OR, to the 
Oregon-California Border effective 0001 hours local time (l.t.), March 
15, 2005, until 2359 hours l.t., April 15, 2005; 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 May 26, 2005.

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 
040429134-4135-01 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) 
modified the seasons for the commercial salmon fishery in the area from 
Cape Falcon, OR to the Oregon-California Border by inseason action. The 
area from Cape Falcon to Humbug Mountain, OR was modified to be open 
March 15 through March 25, 2005, and April 1 through April 15, 2005, 
with a Chinook minimum size limit of 27 inches (68.6

[[Page 24729]]

cm) total length and a landing restriction that all fish caught within 
the area must be landed in Oregon. The area from Humbug Mountain to the 
Oregon/California Border was modified to be open March 15 through March 
25, 2005, and April 1 through April 15, 2005, with a Chinook minimum 
size of 27 inches (68.6 cm) total length and a landing restriction that 
vessels must land their fish in Gold Beach, Port Orford, or Brookings, 
OR. On March 10, 2005, the RA determined that available catch and 
effort data indicated that the impacts to certain weak stocks was more 
than predicted preseason in 2004 and that restricting the fishery was 
warranted to reduce impacts to weak stocks, and to offset the need for 
even greater restrictions in the fisheries proposed to open after May 
1, 2005.
    All other restrictions remain in effect as announced for 2004 ocean 
salmon fisheries. This action was necessary to conform to the 2004 
management goals. Modification of fishing seasons is authorized by 
regulations at 50 CFR 660.409(b)(1)(i) and (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 Cape Falcon, OR, to the Oregon-California 
Border would open for the following areas:
Cape Falcon to Florence South Jetty, OR
    In 2005, the season will open March 15 for all salmon except 
coho, with a 27- inch (68.6-cm) total length Chinook minimum size 
limit. This opening could be modified following Pacific Fishery 
Management Council (Council) review at its November 2004 meeting.
Florence South Jetty to Humbug Mountain, OR
    In 2005, the season will open March 15 for all salmon except 
coho, with a 27 inch (68.6 cm) total length Chinook minimum size 
limit. This opening could be modified following Council review at 
its November 2004 meeting.
Humbug Mountain, OR to Oregon-California Border
    In 2005 the season will open March 15 for all salmon except 
coho, with a 27 inch (68.6 cm) total length minimum size limit. This 
opening could be modified following Council review at its November 
2004 meeting.
    During the November 2004 meeting the Council decided to defer 
making a decision to modify the commercial salmon fisheries off Oregon, 
that were scheduled to open prior to May 1, 2005, to the March 2005 
meeting. The decision was deferred because of the expectation that 
there would be better information regarding the status of Klamath River 
fall (KRF) Chinook, the primary stock of concern, at the March meeting.
    On March 9, 2005, during the Council meeting, the State of Oregon 
proposed, and the Council adopted multiple modifications to the 
commercial salmon fishery in the area from Cape Falcon, OR, to the 
Oregon-California Border. The area from Cape Falcon to Humbug Mountain, 
OR was modified to be open March 15 through April 15, 2005, with a 
Chinook minimum size is 27 inches (68.6 cm) total length, and a landing 
restriction that all fish caught within this area must be landed in 
Oregon. The area from Humbug Mountain to the Oregon/California Border 
was modified to open March 15 through April 30, 2005, with a Chinook 
minimum size of 27 inches (68.6 cm) total length, and a landing 
restriction that vessels must land their fish in Gold Beach, Port 
Orford, or Brookings, OR. The purpose of the modification was to reduce 
fishing time in the early season when impacts to KRF Chinook would be 
particularly high. Without the modifications the summer fishing seasons 
beginning May 1 would have had to be reduced even farther to meet 
management objectives for KRF Chinook.
    On March 10, 2005, the Council's Salmon Technical Committee 
provided additional analysis regarding the proposed options being 
developed for the 2005 fishing seasons. The analysis indicated that the 
impacts on KRF Chinook during the summer would be higher than had been 
reported the previous day when the Council made their decision 
regarding the above inseason action. In response, the State of Oregon 
and the Oregon representatives of the Council's Salmon Advisory 
Subpanel proposed to further restrict the spring salmon fisheries in 
order to meet conservation objectives for KRF Chinook and reduce the 
need for even greater restrictions during the summer. Therefore, the 
State of Oregon proposed, and the Council adopted, the following 
seasons: in the area from Cape Falcon to Humbug Mountain, OR to be open 
March 15 through March 25, 2005, and April 1 through April 15, 2005, 
with a Chinook minimum size limit of 27 inches (68.6 cm) total length 
and a landing restriction that all fish caught within the area must be 
landed in Oregon; and in the area from Humbug Mountain to the Oregon/
California Border to be open March 15 through March 25, 2005, and April 
1 through April 15, 2005, with a Chinook minimum size of 27 inches 
(68.6 cm) total length and a landing restriction that vessels must land 
their fish in Gold Beach, Port Orford, or Brookings, OR.
    The RA consulted with the Council, including the Oregon Department 
of Fish and Wildlife, during the November and March 2005 Council 
meetings. Information related to the status of KRF Chinook, catch to 
date, the Chinook catch rate, and effort data indicated that 
restricting the spring fisheries was warranted to reduce impacts to 
weak stocks, and to offset the need for even greater restrictions in 
the fisheries proposed to open after May 1, 2005. As a result, NMFS 
approved the inseason modifications adopted by the Council at its March 
2005 meeting.
    The RA determined that the best available information indicated 
that the catch and effort data, and projections, supported the above 
inseason action recommended by the Council. 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 previously described 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.
    This action does 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 this action was provided to fishers 
through telephone hotline and radio notification. This action complies 
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

[[Page 24730]]

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 unnecessarily limit fishers appropriately controlled 
access to available fish during the scheduled fishing season.
    This action is authorized by 50 CFR 660.409 and 660.411 and is 
exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 6, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-9421 Filed 5-10-05; 8:45 am]
BILLING CODE 3510-22-S