[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Rules and Regulations]
[Pages 71242-71244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23284]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 050426117-5117-01; I.D. 110905E]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 10 - Adjustment of the 
Recreational Fishery from Leadbetter Point, Washington, 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 a regulatory modification in the recreational 
fishery from Leadbetter Point, WA, to Cape Falcon, OR (Columbia River 
Subarea). Effective Friday, September 17, 2005, the daily bag limit for 
the Columbia River Subarea was modified as follows: ``All Salmon, two 
fish per day, all retained coho must have a healed adipose fin clip.'' 
All other restrictions remain in effect as announced for 2005 ocean 
salmon fisheries, and by previous inseason actions. 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: Modification in the recreational fishery from Leadbetter Point, 
WA to Cape Falcon, OR is effective 001 hours local time (l.t.) Friday, 
September 17, 2005, until the next scheduled open period, which will be 
announced in a future publication in the Federal Register.
    Comments will be accepted through December 13, 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 eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments, and include [050426117-5117-01 
and/or I.D. 110905E] in the subject line of the message. Information 
relevant to this document is available for public review during 
business hours at the Office of

[[Page 71243]]

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 Leadbetter Point, WA, to Cape 
Falcon, OR (Columbia River Subarea), with one regulatory modification. 
On September 13, 2005, the Regional Administrator determined that the 
Chinook catch rate was slower than anticipated and that there was 
sufficient Chinook quota remaining to allow relaxation of the daily bag 
limit. Therefore, effective Friday, September 17, 2005, the daily bag 
limit for the Columbia River Subarea was modified as follows: ``All 
Salmon, two fish per day, all retained coho must have a healed adipose 
fin clip.''
    All other restrictions remain in effect as announced for 2005 ocean 
salmon fisheries, and by previous inseason actions. 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. Modification of the 
species that may be caught and landed during specific seasons and the 
establishment or modification of limited retention regulations is 
authorized by regulations at 50 CFR 660.409(b)(1)(ii). 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 specifying 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.
    The recreational fisheries in the area from Cape Alava, WA, to Cape 
Falcon, OR (La Push, Westport, and Columbia River Subareas), were 
modified by Inseason Action 5 (70 FR 47727, August 15, 2005), 
effective Friday, July 29, 2005, to 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 remained in effect as announced for 2005 Ocean Salmon 
Fisheries.
    The recreational fishery from the U.S.-Canada Border to Cape Alava, 
WA (Neah Bay Subarea), was modified by Inseason Action 6 (70 
FR 52035, September 1, 2005), effective Tuesday, August 16, 2005, to a 
have a 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 remained in effect as announced for 2005 Ocean Salmon 
Fisheries.
    The recreational fishery from the U.S.-Canada Border to Cape Alava, 
WA (Neah Bay Subarea), was modified by Inseason Action 8 (70 
FR 55303, September 21, 2005), effective Tuesday, August 30, 2005, to 
be open seven days per week. All other restrictions remained in effect 
as announced for 2005 ocean salmon fisheries, and by previous inseason 
actions.
    The Recreational Fishery from Leadbetter Point, WA to Cape Falcon, 
OR (Columbia River Subarea), was modified by Inseason Action 9 
(70 FR , 69916, November 18, 2005), effective Friday, September 9, 
2005, to have a daily bag limit as follows: ``All salmon, except no 
Chinook retention, two fish per day, all retained coho must have a 
healed adipose fin clip.'' All other restrictions remained in effect as 
announced for 2005 ocean salmon fisheries, and by previous inseason 
actions.
    On September 13, 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 Chinook catch rate was slower 
than anticipated and that there was sufficient Chinook quota remaining 
to relax the daily bag limit. As a result, on September 13, 2005, the 
states recommended, and the RA concurred, that effective Friday, 
September 17, 2005, the Columbia River Subarea would be modified to 
have a daily bag limit as follows: ``All Salmon, two fish per day, all 
retained coho must have a healed adipose fin clip.'' All other 
restrictions remain in effect as announced for 2005 ocean salmon 
fisheries, and by previous inseason actions.
    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 this Federal action. As provided by 
the inseason action procedures of 50 CFR 660.411, actual notice to 
fishers of the already described regulatory 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 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

[[Page 71244]]

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 this action 
would unnecessarily limit fishers appropriately controlled access to 
available fish during the scheduled fishing season by unnecessarily 
maintaining a restriction. The action allowed fishers to land up to two 
of any species of salmon, previously Chinook salmon could not be 
retained.
    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: November 18, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-23284 Filed 11-25-05; 8:45 am]
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