[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Rules and Regulations]
[Pages 44072-44073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15096]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 050426117-5117-01; I.D. 072205G]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 4--Adjustment of the 
Commercial Salmon 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: Temporary rule; modification of fishing seasons; request for 
comments.

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SUMMARY: NMFS announces that the commercial salmon fishery in the area 
from the U.S.-Canada Border to Cape Falcon, OR was modified to reopen 
on June 26, 2005, and close at midnight on June 30, 2005, with a 30-
Chinook possession and landing limit for the 5-day open period. Vessels 
were required to land their fish within 24 hours of any closure of this 
fishery. The fishery was then to remain closed until further notice, or 
the next scheduled season starting July 7, 2005. All other restrictions 
remained in effect as announced for 2005 ocean salmon fisheries. This 
action was necessary to conform to the 2005 management goals, and the 
intended effect is to allow the fishery to operate within the seasons 
and quotas specified in the 2005 annual management measures.

DATES: Adjustment effective 0001 hours local time (l.t.), June 26, 
2005, until 2359 hours l.t., June 30, 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 August 16, 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 I.D. 072205G 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 season for the commercial salmon fishery in the area from 
the U.S.-Canada Border to Cape Falcon, OR, by inseason action to reopen 
on June 26, 2005, and close at midnight on June 30, 2005, with a 30-
Chinook possession and landing limit for the 5-day open period. Vessels 
were required to land their fish within 24 hours of any closure of this 
fishery. On June 8, 2005, the RA determined that available catch and 
effort data indicated that enough Chinook remained in the quota to 
allow five additional days of fishing. The fishery was then to remain 
closed until further notice, or the next scheduled season starting July 
7, 2005.
    All other restrictions remained in effect as announced for 2005 
ocean salmon fisheries. This action was necessary to conform to the 
2005 management goals, and the intended effect is to allow the fishery 
to operate within the seasons and quotas specified in the 2005 annual 
management measures. Recision of automatic season closures are 
authorized by regulations at 50 CFR 660.409(a)(2). 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 2005 annual management measures for ocean salmon fisheries 
(70 FR 23054, May 4, 2005), NMFS announced the commercial salmon 
fishery in the area from the U.S.-Canada Border to Cape Falcon, OR 
would open May 1 through the earlier of June 30 or a 29,000-Chinook 
quota; open May 1-3 with a 75-Chinook per vessel landing and possession 
limit for the 3-day open period; open May 6-9 with a 100-Chinook per 
vessel landing and possession limit for the 4-day open period; and 
beginning May 13, open Friday through Monday with a 125-Chinook 
possession and landing limit for each of the subsequent 4-day open 
periods. If insufficient quota remained to prosecute openings prior to 
the June 24-27 open period, the remaining quota was to be provided for 
a June 26-30 open period with a per vessel landing and possession limit 
to be determined inseason.
    The fishery in the area from the U.S.-Canada Border to Cape Falcon, 
OR, was modified by Inseason Action 2. The fourth open period 
for the May-June fishery scheduled to open May 20, 2005, was extended 
to be open 7 days, with a 125-Chinook possession and landing limit for 
the 7-day open period, and was then closed at midnight on May 26, 2005. 
On May 20, 2005, the RA determined that available catch and effort data 
indicated that the 29,000 Chinook quota for the May-June fishery would 
likely be attained by the end of the extended period. The fishery was 
to remain closed until further notice, but was scheduled to be re-
evaluated on May 31. If there was sufficient quota remaining, any 
further openers were to be announced.
    The fishery in the area from the U.S.-Canada Border to Cape Falcon, 
OR was determined on May 31, 2005 to have sufficient quota remaining, 
for a another opener and was then modified by Inseason Action 
3. The fifth open period for the May-June fishery was reopened 
from June 3, 2005, through midnight on June 6, 2005, with a 60-Chinook 
possession and landing limit for the 4-day open period. Vessels were 
required to land their fish within 24 hours of any closure of this 
fishery. The fishery was then to remain closed until further notice, 
but would then be reevaluated on June 8, 2005. If there was sufficient 
quota remaining, any further openers were to be announced.
    On June 8, 2005, 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 for the commercial 
salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, 
OR indicated that enough fish remained within the Chinook quota to 
allow 5 additional days of fishing.As a result, on June 8 the

[[Page 44073]]

states recommended, and the RA concurred, that the area from the U.S.-
Canada Border to Cape Falcon OR, reopen on June 26, 2005, and close at 
midnight on June 30, 2005, with a 30-Chinook possession and landing 
limit for the 5-day open period. Vessels were required to land their 
fish within 24 hours of any closure of this fishery. The fishery was 
then to remain closed until further notice, or the next scheduled 
season starting July 7, 2005. All other restrictions remained in effect 
as announced for 2005 ocean salmon fisheries.
    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 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 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 the regulatory 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 (70 FR 23054, May 4, 2005), 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. 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).
    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: July 25, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-15096 Filed 7-29-05; 8:45 am]
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