Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; Inseason Action #2-Adjustment of the Commercial Salmon Fishery from the U.S.-Canada Border to Cape Falcon, Oregon, 44069-44070 [05-15094]

Download as PDF Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations holders that also serves as a small entity compliance guide (the guide) was prepared. Copies of this final rule are available from the NMFS Northeast Regional Office, and the guide, i.e., permit holder letter, will be sent to all holders of limited access permits for the red crab fishery. The guide and this final rule are available at the following web site: http://www.nero.noaa.gov/ nero/. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: July 25, 2005. James W. Balsiger, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons stated in the preamble, 50 CFR part 648 is amended as follows: I PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: I Authority: 16 U.S.C. 1801 et seq. [FR Doc. 05–15142 Filed 7–29–05; 8:45 am] 2. Section 648.260 is amended by revising the section heading and paragraphs (a) introductory text, (b) introductory text, and (b)(1) to read as follows: I § 648.260 Specifications. (a) Process for setting specifications. The Council’s Red Crab Plan Development Team (PDT) shall prepare a Stock Evaluation and Assessment (SAFE) Report at least every 3 years. Based on the SAFE Report, the PDT shall develop and present to the Council recommended specifications as defined in this paragraph (a) for up to 3 fishing years. The PDT shall meet at least once annually during the intervening years between SAFE Reports to review the status of the stock and the fishery. Based on such review, the PDT shall provide a report to the Council on any changes or new information about the red crab stock and/or fishery, and it shall recommend whether the specifications for the upcoming years need to be modified. The annual review shall be limited in scope and shall concentrate on the most recent fishery-dependent information including, but not limited to, days-at-sea (DAS) used and red crab landings. In the event that the PDT recommends an adjustment to the specifications, the PDT shall prepare a supplemental specifications package for a specific time duration up to 3 years. Specifications include the specification of OY, the setting of any target TACs, VerDate jul<14>2003 14:24 Jul 29, 2005 Jkt 205001 allocation of DAS, and/or adjustments to trip/possession limits. * * * * * (b) Development of specifications. In developing the management measures and specifications, the PDT shall review at least the following data, if available: Commercial catch data; current estimates of fishing mortality and catchper-unit-effort (CPUE); stock status; recent estimates of recruitment; virtual population analysis results and other estimates of stock size; sea sampling, port sampling, and survey data or, if sea sampling data are unavailable, length frequency information from port sampling and/or surveys; impact of other fisheries on the mortality of red crabs; and any other relevant information. (1) The PDT, after its review of the available information on the status of the stock and the fishery, may recommend to the Council any measures necessary to assure that the specifications will not be exceeded, as well as changes to the appropriate specifications. * * * * * BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 040429134–4135–01; I.D.072205E] Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; Inseason Action #2—Adjustment of the Commercial Salmon Fishery from the U.S.-Canada Border to Cape Falcon, Oregon National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of fishing seasons; request for comments. AGENCY: SUMMARY: NMFS announces that the commercial salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, OR was modified. The fourth open period for the May-June fishery scheduled to open May 20, 2005, was extended from 4 to 7 days, with a 125– Chinook possession and landing limit for the 7–day open period. The area closed at midnight on May 26, 2005. All other restrictions remained in effect as announced for 2005 ocean salmon fisheries. This action was necessary to PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 44069 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.), May 20, 2005, until 2359 hours l.t., May 26, 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. 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 2005salmonIA2.nwr@noaa.gov address, or through the internet at the Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments, and include I.D. 072205E 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. The fourth open period for the May-June fishery scheduled to open May 20, 2005, was extended from 4 to 7 days, with a 125–Chinook possession and landing limit for the 7– day open period. 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 area closed at midnight on May 26, 2005. The fishery was to remain closed until further notice, but was scheduled to be reevaluated on May 31. If there was sufficient quota remaining, any further openers were to be announced. 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 E:\FR\FM\01AUR1.SGM 01AUR1 44070 Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations 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). 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. On May 20, 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 indicated that it was likely that the commercial salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, OR would reach its 29,000 Chinook quota for the May-June fishery after the fourth open period starting on May 20.The data also indicated the 4– day open period (from Friday through Monday) could be modified so the area could remain open for 7 days because forecasted weather conditions would limit opportunity during the weekend period. As a result, on May 20 the states recommended, and the RA concurred, that the fourth open period for the MayJune fishery scheduled to open May 20, 2005, for the commercial salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, OR, be extended to 7 days open, with a 125–Chinook possession and landing limit for the 7– day open period, closing at midnight on May 26, 2005. The fishery would then remain closed until further notice, but was scheduled to be reevaluated on May 31. If there was sufficient quota remaining, any further openers were to be announced. All other restrictions that apply to this fishery remained in effect VerDate jul<14>2003 14:24 Jul 29, 2005 Jkt 205001 as announced in the 2005 annual management measures. 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. In addition, the action also relieved a restriction by modifying a subarea regulation to be open 7 days per week instead of 4 days per week, thus providing additional harvest opportunity. For the same reasons, the AA also finds good cause to PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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. 05–15094 Filed 7–29–05; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 050426117–5117–01; I.D. 0722205F] Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; Inseason Action #3—Adjustment of the Commercial Salmon Fishery from the U.S.-Canada Border to Cape Falcon, Oregon National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of fishing seasons; request for comments. AGENCY: 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 3, 2005, and close at 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. 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 3, 2005, until 2359 hours l.t., June 6, 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. 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 E:\FR\FM\01AUR1.SGM 01AUR1

Agencies

[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Rules and Regulations]
[Pages 44069-44070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15094]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429134-4135-01; I.D.072205E]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 2--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.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the commercial salmon fishery in the area 
from the U.S.-Canada Border to Cape Falcon, OR was modified. The fourth 
open period for the May-June fishery scheduled to open May 20, 2005, 
was extended from 4 to 7 days, with a 125-Chinook possession and 
landing limit for the 7-day open period. The area closed at midnight on 
May 26, 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.), May 20, 2005, 
until 2359 hours l.t., May 26, 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. 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 
2005salmonIA2.nwr@noaa.gov address, or through the internet at the 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments, and include I.D. 072205E 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. The 
fourth open period for the May-June fishery scheduled to open May 20, 
2005, was extended from 4 to 7 days, with a 125-Chinook possession and 
landing limit for the 7-day open period. 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 area closed at midnight on May 
26, 2005. The fishery was to remain closed until further notice, but 
was scheduled to be reevaluated on May 31. If there was sufficient 
quota remaining, any further openers were to be announced.
    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

[[Page 44070]]

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). 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.
    On May 20, 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 indicated that it 
was likely that the commercial salmon fishery in the area from the 
U.S.-Canada Border to Cape Falcon, OR would reach its 29,000 Chinook 
quota for the May-June fishery after the fourth open period starting on 
May 20.The data also indicated the 4-day open period (from Friday 
through Monday) could be modified so the area could remain open for 7 
days because forecasted weather conditions would limit opportunity 
during the weekend period. As a result, on May 20 the states 
recommended, and the RA concurred, that the fourth open period for the 
May-June fishery scheduled to open May 20, 2005, for the commercial 
salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, 
OR, be extended to 7 days open, with a 125-Chinook possession and 
landing limit for the 7-day open period, closing at midnight on May 26, 
2005. The fishery would then remain closed until further notice, but 
was scheduled to be reevaluated on May 31. If there was sufficient 
quota remaining, any further openers were to be announced. All other 
restrictions that apply to this fishery remained in effect as announced 
in the 2005 annual management measures.
    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. In addition, the action also 
relieved a restriction by modifying a subarea regulation to be open 7 
days per week instead of 4 days per week, thus providing additional 
harvest opportunity. 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. 05-15094 Filed 7-29-05; 8:45 am]
BILLING CODE 3510-22-S