Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; Inseason Action #8 - Adjustment of the Recreational Fishery from the U.S.-Canada Border to Cape Alava, Washington, 55303-55305 [05-18854]

Download as PDF Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments, and include [050426117–5117–01 and/ or I.D. 091405G] in the subject line of the message. Information relevant to this document is available for public review during business hours at the Office of the Regional Administrator, Northwest Region, NMFS. FOR FURTHER INFORMATION CONTACT: Christopher Wright, 206–526–6140. The NMFS Regional Administrator closed the commercial salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, OR, effective at midnight on Tuesday, August 23, 2005. On August 23, 2005, the Regional Administrator determined that available catch and effort data indicated that the modified quota of 15,700 Chinook salmon would be reached by midnight. This action was necessary to conform to the 2005 management goals, and the intended effect is to allow the fishery to operate within the seasons and quotas specified in the 2005 annual management measures. Automatic season closures based on quotas are authorized by regulations at 50 CFR 660.409(a)(1). In the 2005 annual management measures for ocean salmon fisheries (70 FR 23054, May 4, 2005), NMFS announced the commercial salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, OR, would open July 7 through the earlier of September 15 or a 14,250 preseason Chinook guideline or a 23,200–marked coho quota. Approximately 1,450 Chinook were left on the May-June quota, and these were added to the 14,250 guideline in the summer fishery for a total of 15,700 Chinook. On August 23, 2005, the Regional Administrator consulted with representatives of the Pacific Fishery Management Council, Washington Department of Fish and Wildlife, and Oregon Department of Fish and Wildlife. Information related to catch to date, the Chinook catch rate, and effort data indicated that it was likely that the Chinook quota would be reached by midnight. As a result, the states recommended, and the Regional Administrator concurred, that the commercial salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, OR, would close effective at midnight on Tuesday, August 23, 2005. All other restrictions that apply to this fishery remained in effect as announced in the 2005 annual management measures. SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 14:27 Sep 20, 2005 Jkt 205001 55303 The Regional Administrator determined that the best available information indicated that the catch and effort data, and projections, supported the above inseason action recommended by the states. The states manage the fisheries in state waters adjacent to the areas of the U.S. exclusive economic zone in accordance with this Federal action. As provided by the inseason notice procedures of 50 CFR 660.411, actual notice to fishers of the above described action was given prior to the time the action was effective by telephone hotline number 206–526– 6667 and 800–662–9825, and by U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHF-FM and 2182 kHz. This action does not apply to other fisheries that may be operating in other areas. Dated: September 15, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–18853 Filed 9–20–05; 8:45 am] Classification AGENCY: The Assistant Administrator for Fisheries, NOAA (AA), finds that good cause exists for this notification to be issued without affording prior notice and opportunity for public comment under 5 U.S.C. 553(b)(B) because such notification would be impracticable. As previously noted, actual notice of this action was provided to fishers through telephone hotline and radio notification. This action complies with the requirements of the annual management measures for ocean salmon fisheries (70 FR 23054, May 4, 2005), the West Coast Salmon Plan, and regulations implementing the West Coast Salmon Plan 50 CFR 660.409 and 660.411. Prior notice and opportunity for public comment was impracticable because NMFS and the state agency have insufficient time to provide for prior notice and the opportunity for public comment between the time the fishery catch and effort data are collected to determine the extent of the fisheries, and the time the fishery closure must be implemented to avoid exceeding the quota. Because of the rate of harvest in this fishery, failure to close the fishery upon attainment of the quota would allow the quota to be exceeded, resulting in fewer spawning fish and possibly reduced yield of the stocks in the future. For the same reasons, the AA also finds good cause to waive the 30– day delay in effectiveness required under U.S.C. 553(d)(3). This action is authorized by 50 CFR 660.409 and 660.411 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 050426117–5117–01; I.D. 091405H] Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; Inseason Action #8 - Adjustment of the Recreational Fishery from the U.S.-Canada Border to Cape Alava, Washington 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 a regulatory modification in the recreational fishery from the U.S.-Canada Border to Cape Alava, WA (Neah Bay Subarea). Effective Tuesday, August 30, 2005, the Neah Bay Subarea was modified to be open seven days per week. 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: Effective 0001 hours local time (l.t.), Tuesday, August 30, 2005, until the Chinook quota or coho quota are taken, or 2359 hours l.t., September 18, 2005, whichever is earlier; after which the fishery will remain closed until opened through an additional inseason action for the west coast salmon fisheries, which will be published in the Federal Register, or until the effective date of the next scheduled open period announced in the 2005 annual management measures. Comments will be accepted through October 6, 2005. ADDRESSES: Comments on this action must be mailed to D. Robert Lohn, Regional Administrator, Northwest Region, NMFS, NOAA, 7600 Sand Point Way N.E., Bldg. 1, Seattle, WA 98115– 0070; or faxed to 206–526–6376; or Rod McInnis, Regional Administrator, Southwest Region, NMFS, NOAA, 501 E:\FR\FM\21SER1.SGM 21SER1 55304 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 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 2005salmonIA8.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 [050426117–5117–01 and/ or I.D. 091405 ] 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) has adjusted the recreational fishery from U.S.-Canada Border to Cape Alava, WA (Neah Bay Subarea), with one regulatory modification. On August 25, 2005, the Regional Administrator determined that the catch was less than anticipated preseason and that provisions designed to slow the catch of Chinook could be modified. Effective Tuesday, August 30, 2005, the Neah Bay Subarea was modified to be open seven days per week. 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 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 VerDate Aug<31>2005 14:27 Sep 20, 2005 Jkt 205001 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 remain 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 remain in effect as announced for 2005 Ocean Salmon Fisheries. On August 25, 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 catch was less than anticipated preseason and that the provision designed to slow the catch of Chinook could be modified by relaxing the recreational fishing days per calendar week from five days open to seven days. As a result, on August 25, 2005, the states recommended, and the RA concurred, that effective Tuesday, August 30, 2005, the Neah Bay Subarea would be modified to be open seven days per week. All other restrictions remain in effect as announced for 2005 ocean salmon fisheries, and by previous inseason actions. PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 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 notice 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 modification 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 limit fishers appropriately controlled access to available fish during the scheduled fishing season by unnecessarily maintaining the restriction. The action expanded to the recreational fishing days per calendar week from five days open to seven days. 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\21SER1.SGM 21SER1 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations Dated: September 15, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–18854 Filed 9–20–05; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126333–5040–02; I.D. 091505A] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. AGENCY: SUMMARY: NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 24 hours. This action is necessary to fully use the C season allowance of the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 630. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 15, 2005, through 1200 hrs, A.l.t., September 16, 2005. Comments must be received at the following address no later than 4:30 p.m., A.l.t., September 30, 2005. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Lori Durall. Comments may be submitted by: • Mail to: P.O. Box 21668, Juneau, AK 99802; • Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, Alaska; • Fax to 907–586–7557; • E-mail to G63plk2s12b@noaa.gov and include in the subject line of the email comment the document identifier: g63plkro3 (E-mail comments, with or without attachments, are limited to 5 megabytes); or • Webform at the Federal eRulemaking Portal: www.regulations.gov. Follow the instructions at that site for submitting comments. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. NMFS manages the groundfish fishery in the SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 14:27 Sep 20, 2005 Jkt 205001 GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. NMFS closed the directed fishery for pollock in Statistical Area 630 of the GOA under § 679.20(d)(1)(iii) on August 27, 2005 (70 FR 51300, August 30, 2005). NMFS opened directed fishing for pollock in Statistical Area 630 of the GOA for 48 hrs on September 8, 2005 (70 FR 53971, September 13, 2005). NMFS has determined that approximately 3,052 mt of pollock remain in the directed fishing allowance. Therefore, in accordance with 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize the C season allowance of the 2005 TAC of pollock in Statistical area 630, NMFS is terminating the previous closure and is reopening directed fishing for pollock in Statistical Area 630 of the GOA. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance will be reached after 24 hours. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the GOA effective 1200 hrs, A.l.t., September 16, 2005. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the opening of pollock in Statistical Area 630 of the GOA. NMFS was unable to publish an action providing time for public comment because the most recent, relevant data only became available as of September 12, 2005. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 55305 Without this inseason adjustment, NMFS could not allow the D season allowance of the 2005 TAC of pollock in Statistical Area 630 of the GOA to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until September 30, 2005. This action is required by §§ 679.20 and 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 15, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–18750 Filed 9–15–05; 3:16 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126333–5040–02; I.D. 091505B] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. AGENCY: SUMMARY: NMFS is opening directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA) for 96 hours. This action is necessary to fully use the C season allowance of the 2005 total allowable catch (TAC) of pollock specified for Statistical Area 620. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 15, 2005, through 1200 hrs, A.l.t., September 19, 2005. Comments must be received at the following address no later than 4:30 p.m., A.l.t., September 30, 2005. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Lori Durall. Comments may be submitted by: • Mail to: P.O. Box 21668, Juneau, AK 99802; • Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, Alaska; • Fax to 907–586–7557; • E-mail to G63plk2s12b@noaa.gov and include in the subject line of the e- E:\FR\FM\21SER1.SGM 21SER1

Agencies

[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Pages 55303-55305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18854]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 8 - Adjustment of the 
Recreational Fishery from the U.S.-Canada Border to Cape Alava, 
Washington

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 a regulatory modification in the recreational 
fishery from the U.S.-Canada Border to Cape Alava, WA (Neah Bay 
Subarea). Effective Tuesday, August 30, 2005, the Neah Bay Subarea was 
modified to be open seven days per week. 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: Effective 0001 hours local time (l.t.), Tuesday, August 30, 
2005, until the Chinook quota or coho quota are taken, or 2359 hours 
l.t., September 18, 2005, whichever is earlier; after which the fishery 
will remain closed until opened through an additional inseason action 
for the west coast salmon fisheries, which will be published in the 
Federal Register, or until the effective date of the next scheduled 
open period announced in the 2005 annual management measures. Comments 
will be accepted through October 6, 2005.

ADDRESSES: Comments on this action must be mailed to D. Robert Lohn, 
Regional Administrator, Northwest Region, NMFS, NOAA, 7600 Sand Point 
Way N.E., Bldg. 1, Seattle, WA 98115-0070; or faxed to 206-526-6376; or 
Rod McInnis, Regional Administrator, Southwest Region, NMFS, NOAA, 501

[[Page 55304]]

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 
2005salmonIA8.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 [050426117-5117-01 
and/or I.D. 091405 ] 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) has 
adjusted the recreational fishery from U.S.-Canada Border to Cape 
Alava, WA (Neah Bay Subarea), with one regulatory modification. On 
August 25, 2005, the Regional Administrator determined that the catch 
was less than anticipated preseason and that provisions designed to 
slow the catch of Chinook could be modified. Effective Tuesday, August 
30, 2005, the Neah Bay Subarea was modified to be open seven days per 
week.
    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 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 remain 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 remain in effect as announced for 2005 Ocean Salmon 
Fisheries.
    On August 25, 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 catch was less than 
anticipated preseason and that the provision designed to slow the catch 
of Chinook could be modified by relaxing the recreational fishing days 
per calendar week from five days open to seven days. As a result, on 
August 25, 2005, the states recommended, and the RA concurred, that 
effective Tuesday, August 30, 2005, the Neah Bay Subarea would be 
modified to be open seven days per week. 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 notice 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 modification 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 limit fishers appropriately controlled access to available 
fish during the scheduled fishing season by unnecessarily maintaining 
the restriction. The action expanded to the recreational fishing days 
per calendar week from five days open to seven days.
    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 55305]]


    Dated: September 15, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-18854 Filed 9-20-05; 8:45 am]
BILLING CODE 3510-22-S