[Federal Register Volume 70, Number 156 (Monday, August 15, 2005)]
[Rules and Regulations]
[Pages 47727-47728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16118]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 050426117-5117-01; I.D. 080805A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 5 - Adjustments of the 
Recreational Fishery from Cape Alava, Washington, to Cape Falcon, OR

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 two regulatory modifications in the 
recreational fishery from Cape Alava, WA, to Cape Falcon, OR. Effective 
Friday, July 29, 2005, the La Push, Westport, and Columbia River 
Subarea's will be open seven days per week, with a modified daily bag 
limit as follows: ``All salmon, two fish per day, and all retained coho 
must have a healed adipose fin clip.'' All other restrictions remain 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: Effective 0001 hours local time (l.t.), Friday, July 29, 2005, 
until the Chinook quota or coho quota are taken, or 2359 hours l.t., 
September 30, 2005, which ever 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 August 30, 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 [050426117-5117-01 
and/or I.D. 080805A] 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) has 
adjusted the recreational fishery from Cape Alava, WA, to Cape Falcon, 
OR, with two regulatory modifications. Effective Friday, July 29, 2005, 
the La Push, Westport, and Columbia River Subarea's will be open seven 
days per week, with a modified daily bag limit as follows: ``All 
salmon, two fish per day, and all retained coho must have a healed 
adipose fin clip.'' All other restrictions remain in effect as 
announced for 2005 Ocean Salmon Fisheries. On July 25, 2005, the 
Regional Administrator had determined that the catch was less than 
anticipated preseason and that provisions designed to slow the catch of 
Chinook could be modified.
    All other restrictions remained in effect as announced for 2005 
Ocean Salmon Fisheries. These actions were 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. Modification in recreational bag limits and 
recreational fishing days per calendar week is authorized by 
regulations at 50 CFR 660.409(b)(1)(iii).
    In the 2005 annual management measures for ocean salmon fisheries 
(70 FR 23054, May 4, 2005), NMFS announced the recreational fisheries: 
the area from the U.S.-Canada Border to Cape Alava, WA (Neah Bay 
Subarea) opened July 1 through the earlier of September 18 or a 12,667 
marked coho subarea quota with a subarea guideline of 4,300 Chinook; 
the area from Cape Alava to Queets River, WA (La Push Subarea) opened 
July 1 through the earlier of September 18 or a 3,067 marked coho 
subarea quota with a subarea guideline of 1,900 Chinook; the area from 
Queets River to Leadbetter Point, WA (Westport Subarea) opened June 26 
through the earlier of September 18 or a 45,066 marked coho subarea 
quota with a subarea guideline of 28,750 Chinook; the area from 
Leadbetter Point, WA to Cape Falcon, OR (Columbia River Subarea) opened 
July 3 through the earlier of September 30 or a 60,900-marked coho 
subarea quota with a subarea guideline of 8,200 Chinook. The Neah Bay 
and La Push Subareas were opened Tuesday through Saturday, and the 
Westport and Columbia River Subareas were opened Sunday through 
Thursday. All subareas had a provision that there may be a conference 
call no later than July 27 to consider opening seven days per week. All 
subareas were restricted to a Chinook minimum size limit of 24 inches 
(61.0 cm) total length. In addition, all of the subarea bag limits were 
for all salmon, two fish per day, no more than one of which may be a 
Chinook, with all retained coho required to have a healed adipose fin 
clip.
    On July 25, 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 to date, the Chinook and coho catch 
rates, and effort data indicated that the catch was less than 
anticipated preseason and that provisions designed to slow the catch of 
Chinook could be modified, by relaxing the bag limits and fishing days 
per

[[Page 47728]]

calendar provisions. As a result, on July 25, 2005, the states 
recommended, and the RA concurred, that effective Friday, July 29, 
2005, the La Push, Westport, and Columbia River Subarea's be open seven 
days per week, with a modified daily bag limit as follows: ``All 
salmon, two fish per day, and all retained coho must have a healed 
adipose fin clip.'' All other restrictions remain 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 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 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 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 (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 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 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 limit fishers appropriately controlled access to 
available fish during the scheduled fishing season by unnecessarily 
maintaining two restrictions. The actions increased the fishing days 
per calendar week from 5 days to 7 days, and allowed fishers to land up 
to two of any species of salmon, previously only one of the two fish 
bag limit could be a Chinook salmon.
    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: August 9, 2005.
Anne M. Lange,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-16118 Filed 8-12-05; 8:45 am]
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