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, 44070-44072 [05-15095]
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<![CDATA[
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
Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations
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
2005salmonIA3.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 I.D. 072205F 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 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. On May 31, 2005, the RA
determined that available catch and
effort data indicated that enough
Chinook remained within the quota to
allow 4 additional days of fishing. The
fishery was then to remain closed until
further notice, but would be reevaluated
on June 8, 2005. If there was sufficient
quota remaining, any further openers
would 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
effect is to allow the fishery to operate
within the seasons and quotas specified
in the 2005 annual management
measures. Recision of automatic season
closures are authorized by regulations at
50 CFR 660.409(a)(2). 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
VerDate jul<14>2003
14:24 Jul 29, 2005
Jkt 205001
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.
The fishery in the area from the U.S.Canada Border to Cape Falcon, OR was
modified by Inseason Action #2. The
fourth open period for the May-June
fishery scheduled to open May 20, 2005,
was extended to be open 7 days, with
a 125–Chinook possession and landing
limit for the 7–day open period, and
was then closed at midnight on May 26,
2005. 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 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.
On May 31, 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 for the commercial salmon fishery
in the area from the U.S.-Canada Border
to Cape Falcon, OR indicated that
enough fish remained within the
Chinook quota to allow 4 additional
days of fishing.As a result, on May 31
the states recommended, and the RA
concurred, that the area from the U.S.Canada Border to Cape Falcon, OR
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. The
fishery was then to remain closed until
further notice, but would be reevaluated
on June 8, 2005. If there was sufficient
quota remaining, any further openers
would be announced. All other
restrictions remained 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 action
recommended by the states. The states
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
44071
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. 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.
E:\FR\FM\01AUR1.SGM
01AUR1
44072
Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations
Dated: July 25, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–15095 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.
072205G]
Fisheries Off West Coast States and in
the Western Pacific; West Coast
Salmon Fisheries; Inseason Action
#4—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 26, 2005, and close at midnight on
June 30, 2005, with a 30–Chinook
possession and landing limit for the 5–
day open period. Vessels were required
to land their fish within 24 hours of any
closure of this fishery. The fishery was
then to remain closed until further
notice, or the next scheduled season
starting July 7, 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.), June 26, 2005, until
2359 hours l.t., June 30, 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
August 16, 2005.
ADDRESSES: Comments on these actions
must be mailed to D. Robert Lohn,
Regional Administrator, Northwest
Region, NMFS, NOAA, 7600 Sand Point
VerDate jul<14>2003
14:24 Jul 29, 2005
Jkt 205001
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
2005salmonIA4.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 I.D. 072205G 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 to reopen on June 26,
2005, and close at midnight on June 30,
2005, with a 30–Chinook possession
and landing limit for the 5–day open
period. Vessels were required to land
their fish within 24 hours of any closure
of this fishery. On June 8, 2005, the RA
determined that available catch and
effort data indicated that enough
Chinook remained in the quota to allow
five additional days of fishing. The
fishery was then to remain closed until
further notice, or the next scheduled
season starting July 7, 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. Recision of automatic season
closures are authorized by regulations at
50 CFR 660.409(a)(2). 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
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
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. If insufficient quota remained
to prosecute openings prior to the June
24–27 open period, the remaining quota
was to be provided for a June 26–30
open period with a per vessel landing
and possession limit to be determined
inseason.
The fishery in the area from the U.S.Canada Border to Cape Falcon, OR, was
modified by Inseason Action #2. The
fourth open period for the May-June
fishery scheduled to open May 20, 2005,
was extended to be open 7 days, with
a 125–Chinook possession and landing
limit for the 7–day open period, and
was then closed at midnight on May 26,
2005. 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 fishery was to
remain closed until further notice, but
was scheduled to be re-evaluated on
May 31. If there was sufficient quota
remaining, any further openers were to
be announced.
The fishery in the area from the U.S.Canada Border to Cape Falcon, OR was
determined on May 31, 2005 to have
sufficient quota remaining, for a another
opener and was then modified by
Inseason Action #3. The fifth open
period for the May-June fishery was
reopened from June 3, 2005, through
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. The
fishery was then to remain closed until
further notice, but would then be
reevaluated on June 8, 2005. If there was
sufficient quota remaining, any further
openers were to be announced.
On June 8, 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 for the commercial salmon fishery
in the area from the U.S.-Canada Border
to Cape Falcon, OR indicated that
enough fish remained within the
Chinook quota to allow 5 additional
days of fishing.As a result, on June 8 the
E:\FR\FM\01AUR1.SGM
01AUR1
]]>Agencies
[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Rules and Regulations]
[Pages 44070-44072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15095]
-----------------------------------------------------------------------
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
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 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
[[Page 44071]]
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
2005salmonIA3.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 I.D. 072205F 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 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. On May 31, 2005, the RA determined that available catch and
effort data indicated that enough Chinook remained within the quota to
allow 4 additional days of fishing. The fishery was then to remain
closed until further notice, but would be reevaluated on June 8, 2005.
If there was sufficient quota remaining, any further openers would 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 effect is to allow the fishery
to operate within the seasons and quotas specified in the 2005 annual
management measures. Recision of automatic season closures are
authorized by regulations at 50 CFR 660.409(a)(2). 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.
The fishery in the area from the U.S.-Canada Border to Cape Falcon,
OR was modified by Inseason Action 2. The fourth open period
for the May-June fishery scheduled to open May 20, 2005, was extended
to be open 7 days, with a 125-Chinook possession and landing limit for
the 7-day open period, and was then closed at midnight on May 26, 2005.
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 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.
On May 31, 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 for the commercial
salmon fishery in the area from the U.S.-Canada Border to Cape Falcon,
OR indicated that enough fish remained within the Chinook quota to
allow 4 additional days of fishing.As a result, on May 31 the states
recommended, and the RA concurred, that the area from the U.S.-Canada
Border to Cape Falcon, OR 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. The fishery was then to remain
closed until further notice, but would be reevaluated on June 8, 2005.
If there was sufficient quota remaining, any further openers would be
announced. All other restrictions remained 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 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. 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.
[[Page 44072]]
Dated: July 25, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-15095 Filed 7-29-05; 8:45 am]
BILLING CODE 3510-22-S
