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, 24728-24730 [05-9421]
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Federal Register / Vol. 70, No. 90 / Wednesday, May 11, 2005 / Rules and Regulations
for commercial purposes, including
either e-commerce or advertising; (3) the
Web site’s Home page and other menu
pages are clearly labeled to distinguish
the noncommercial from the
commercial sections; and (4) the page of
the Web site to which viewers are
directed by the Web site address is not
used for e-commerce, advertising, or
other commercial purposes (e.g.,
contains no links labeled ‘‘store’’ and no
links to another page with commercial
material). The Report and Order also
states that the display of Web site
addresses in children’s programs is
prohibited during both program material
and commercial material when the site
uses characters from the program to sell
products or services. This Order on
Reconsideration grants the informal
request of a number of broadcasters and
cable operators and programmers that
the effective date of these new rules be
deferred to January 1, 2006, consistent
with the effective date of many of the
other requirements in the Order.
A number of broadcasters and cable
operators and programmers have
expressed concern that compliance with
these new requirements by the February
1, 2005, effective date will be difficult.
Specifically, these parties state that they
were unprepared for the decision to
regulate Web site displays virtually
immediately, and that each company
must structure a plan of compliance and
then reconstruct its Web site or Web
sites accordingly. These parties have
requested that the effective date of these
new rules be stayed to January 1, 2006,
consistent with the effective date of
many of the other requirements in the
Report and Order.
We believe that it is appropriate to
afford broadcasters and cable operators
additional time to come into compliance
with these newly adopted requirements.
Accordingly, on our own motion,
pursuant to 47 CFR 1.108, we stay the
effective date of newly adopted
§§ 73.670(b) and (c) and Sections
76.225(b) and (c) of Title 47 of the
Commission’s rules until January 1,
2006. This stay in the effective date of
these new provisions will give
broadcasters and cable operators more
time to review and make any necessary
changes to their programs or Web sites
to comply with these new requirements.
The Report and Order also makes
effective February 1, 2005 the decision
to apply the commercial limits and
policies to all digital video
programming directed to children ages
12 and under, whether that
programming is aired on a free or pay
digital stream. Thus, the limitation on
the number of minutes of commercial
matter in children’s programming to
VerDate jul<14>2003
14:57 May 10, 2005
Jkt 205001
10.5 minutes per hour on weekends and
12 minutes per hour on weekdays
applies to both analog and digital
broadcasters and to both free and pay
digital streams. We do not delay the
effective date of this requirement.
However, the Report and Order was
published in the Federal Register
January 3, 2005. Accordingly, we will
commence enforcement of this
requirement February 3, 2005, rather
than February 1, 2005.
Congressional Review Act. The
Commission will send a copy of this
Order on Reconsideration in a report to
be sent to Congress and the General
Accounting Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Paperwork Reduction. This Order on
Reconsideration does not contain new
or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(ca)(4).
Accordingly, it is ordered that 47 CFR
Sections 73.670(b) and (c) and Sections
76.225(b) and (c) as adopted in the
Report and Order in the abovecaptioned proceeding are stayed until
January 1, 2006.
List of Subjects in 47 CFR Parts 73 and
76
Cable, Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–9104 Filed 5–10–05; 8:45 am]
BILLING CODE 6712–01–P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of fishing seasons;
request for comments.
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 OregonCalifornia 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
2005salmonIA1.nwr@noaa.gov address,
or through the internet at the Federal
eRulemaking Portal: https://
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
E:\FR\FM\11MYR1.SGM
11MYR1
Federal Register / Vol. 70, No. 90 / Wednesday, May 11, 2005 / Rules and Regulations
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 OregonCalifornia 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
VerDate jul<14>2003
14:57 May 10, 2005
Jkt 205001
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
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
24729
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
E:\FR\FM\11MYR1.SGM
11MYR1
24730
Federal Register / Vol. 70, No. 90 / Wednesday, May 11, 2005 / Rules and Regulations
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.
VerDate jul<14>2003
14:57 May 10, 2005
Jkt 205001
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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
E:\FR\FM\11MYR1.SGM
11MYR1
]]>Agencies
[Federal Register Volume 70, Number 90 (Wednesday, May 11, 2005)]
[Rules and Regulations]
[Pages 24728-24730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9421]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
2005salmonIA1.nwr@noaa.gov address, or through the internet at the
Federal eRulemaking Portal: https://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
