[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Pages 55302-55303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18853]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 050426117-5117-01; I.D. 091405G]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 7 - Closure 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; closure; 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 close 
at midnight on Tuesday, August 23, 2005. On August 23, 2005, NMFS 
determined that available catch and effort data indicated that the 
modified quota of 15,700 Chinook salmon would be reached by midnight. 
This action was necessary to conform to the 2005 management goals.

DATES: Closure effective 2359 hours local time (l.t.), August 23, 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 October 6, 2005.

ADDRESSES: Comments on this action 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

[[Page 55303]]

eRulemaking Portal: http://www.regulations.gov. Follow the instructions 
for submitting comments, and include [050426117-5117-01 and/or I.D. 
091405G] 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 closed the 
commercial salmon fishery in the area from the U.S.-Canada Border to 
Cape Falcon, OR, effective at midnight on Tuesday, August 23, 2005. On 
August 23, 2005, the Regional Administrator determined that available 
catch and effort data indicated that the modified quota of 15,700 
Chinook salmon would be reached by midnight.
    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. 
Automatic season closures based on quotas are authorized by regulations 
at 50 CFR 660.409(a)(1).
    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 July 7 through the earlier of September 15 or a 14,250 
preseason Chinook guideline or a 23,200-marked coho quota. 
Approximately 1,450 Chinook were left on the May-June quota, and these 
were added to the 14,250 guideline in the summer fishery for a total of 
15,700 Chinook.
    On August 23, 2005, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council, Washington 
Department of Fish and Wildlife, and Oregon Department of Fish and 
Wildlife. Information related to catch to date, the Chinook catch rate, 
and effort data indicated that it was likely that the Chinook quota 
would be reached by midnight. As a result, the states recommended, and 
the Regional Administrator concurred, that the commercial salmon 
fishery in the area from the U.S.-Canada Border to Cape Falcon, OR, 
would close effective at midnight on Tuesday, August 23, 2005. All 
other restrictions that apply to this fishery remained in effect as 
announced in the 2005 annual management measures.
    The Regional Administrator 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 this Federal 
action. As provided by the inseason notice procedures of 50 CFR 
660.411, actual notice to fishers of the above described action was 
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.
    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 (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 agency 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. 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: September 15, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-18853 Filed 9-20-05; 8:45 am]
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