Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; Inseason Action #10 - Adjustment of the Recreational Fishery from Leadbetter Point, Washington, to Cape Falcon, Oregon, 71242-71244 [05-23284]
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Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations
National Environmental Policy Act
This rule does not require an
environmental impact statement
because section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory
program provisions do not constitute
major Federal actions within the
meaning of section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4321 et seq.).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2) of the Small Business
Regulatory Enforcement Fairness Act.
This rule: a. Does not have an annual
effect on the economy of $100 million;
b. will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and c. does not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
This determination is based upon the
fact that the State submittal which is the
subject of this rule is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 934
Intergovernmental relations, Surface
mining, Underground mining.
Dated: September 29, 2005.
Allen D. Klein,
Regional Director, Western Regional.
For the reasons set out in the
preamble, 30 CFR part 934 is amended
as set forth below:
I
PART 934—North Dakota
1. The authority citation for part 934
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
2. Section 934.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of Final
Publication’’ to read as follows:
I
§ 934.15 Approval of North Dakota
regulatory program amendments.
*
*
*
*
*
Original amendment submission date
Date of final publication
*
*
April 20, 2005 ....................................................
*
*
*
November 28, 2005 ..........................................
*
*
NDCC 38–14.1–17.1.a and 2005b.
[FR Doc. 05–23324 Filed 11–25–05; 8:45 am]
SUMMARY: NMFS announces a regulatory
modification in the recreational fishery
from Leadbetter Point, WA, to Cape
Falcon, OR (Columbia River Subarea).
Effective Friday, September 17, 2005,
the daily bag limit for the Columbia
River Subarea was modified as follows:
‘‘All Salmon, two fish per day, all
retained coho must have a healed
adipose fin clip.’’ All other restrictions
remain in effect as announced for 2005
ocean salmon fisheries, and by previous
inseason actions. This action was
necessary to conform to the 2005
management goals, and the intended
effect is to allow the fishery to operate
within the seasons and quotas specified
in the 2005 annual management
measures.
future publication in the Federal
Register.
Comments will be accepted through
December 13, 2005.
ADDRESSES: Comments on this action
must be mailed to D. Robert Lohn,
Regional Administrator, Northwest
Region, NMFS, NOAA, 7600 Sand Point
Way N.E., Bldg. 1, Seattle, WA 98115–
0070; or faxed to 206–526–6376; or Rod
McInnis, Regional Administrator,
Southwest Region, NMFS, NOAA, 501
W. Ocean Blvd., Suite 4200, Long
Beach, CA 90802–4132; or faxed to 562–
980–4018. Comments can also be
submitted via e-mail at the
2005salmonIA10.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 [050426117–5117–01 and/
or I.D. 110905E] in the subject line of
the message. Information relevant to this
document is available for public review
during business hours at the Office of
BILLING CODE 4310–05–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 050426117–5117–01; I.D.
110905E]
Fisheries Off West Coast States and in
the Western Pacific; West Coast
Salmon Fisheries; Inseason Action #10
- Adjustment of the Recreational
Fishery from Leadbetter Point,
Washington, to Cape Falcon, Oregon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
fishing seasons; request for comments.
AGENCY:
VerDate Aug<31>2005
17:18 Nov 25, 2005
Jkt 208001
Modification in the recreational
fishery from Leadbetter Point, WA to
Cape Falcon, OR is effective 001 hours
local time (l.t.) Friday, September 17,
2005, until the next scheduled open
period, which will be announced in a
DATES:
PO 00000
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Fmt 4700
Sfmt 4700
Citation/description
E:\FR\FM\28NOR1.SGM
28NOR1
Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations
the Regional Administrator, Northwest
Region, NMFS.
FOR FURTHER INFORMATION CONTACT:
Christopher Wright, 206–526–6140.
SUPPLEMENTARY INFORMATION: The
NMFS Regional Administrator (RA) has
adjusted the recreational fishery from
Leadbetter Point, WA, to Cape Falcon,
OR (Columbia River Subarea), with one
regulatory modification. On September
13, 2005, the Regional Administrator
determined that the Chinook catch rate
was slower than anticipated and that
there was sufficient Chinook quota
remaining to allow relaxation of the
daily bag limit. Therefore, effective
Friday, September 17, 2005, the daily
bag limit for the Columbia River
Subarea was modified as follows: ‘‘All
Salmon, two fish per day, all retained
coho must have a healed adipose fin
clip.’’
All other restrictions remain in effect
as announced for 2005 ocean salmon
fisheries, and by previous inseason
actions. This action was necessary to
conform to the 2005 management goals,
and the intended effect is to allow the
fishery to operate within the seasons
and quotas specified in the 2005 annual
management measures. Modification of
the species that may be caught and
landed during specific seasons and the
establishment or modification of limited
retention regulations is authorized by
regulations at 50 CFR 660.409(b)(1)(ii).
Modification in recreational bag limits
and recreational fishing days per
calendar week is authorized by
regulations at 50 CFR 660.409(b)(1)(iii).
In the 2005 annual management
measures for ocean salmon fisheries (70
FR 23054, May 4, 2005), NMFS
announced the recreational fisheries:
the area from the U.S.-Canada Border to
Cape Alava, WA (Neah Bay Subarea)
opened July 1 through the earlier of
September 18 or a 12,667 marked coho
subarea quota with a subarea guideline
of 4,300 Chinook; the area from Cape
Alava to Queets River, WA (La Push
Subarea) opened July 1 through the
earlier of September 18 or a 3,067
marked coho subarea quota with a
subarea guideline of 1,900 Chinook; the
area from Queets River to Leadbetter
Point, WA (Westport Subarea) opened
June 26 through the earlier of September
18 or a 45,066 marked coho subarea
quota with a subarea guideline of 28,750
Chinook; the area from Leadbetter Point,
WA to Cape Falcon, OR (Columbia River
Subarea) opened July 3 through the
earlier of September 30 or a 60,900–
marked coho subarea quota with a
subarea guideline of 8,200 Chinook. The
Neah Bay and La Push Subareas were
opened Tuesday through Saturday, and
VerDate Aug<31>2005
17:18 Nov 25, 2005
Jkt 208001
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 ι5 (70 FR 47727,
August 15, 2005), effective Friday, July
29, 2005, to be open seven days per
week, with a modified daily bag limit as
follows: ‘‘All salmon, two fish per day,
and all retained coho must have a
healed adipose fin clip.’’ All other
restrictions remained in effect as
announced for 2005 Ocean Salmon
Fisheries.
The recreational fishery from the U.S.Canada Border to Cape Alava, WA
(Neah Bay Subarea), was modified by
Inseason Action #6 (70 FR 52035,
September 1, 2005), effective Tuesday,
August 16, 2005, to a have a daily bag
limit as follows: ‘‘All salmon, two fish
per day, and all retained coho must
have a healed adipose fin clip.’’ All
other restrictions remained in effect as
announced for 2005 Ocean Salmon
Fisheries.
The recreational fishery from the U.S.Canada Border to Cape Alava, WA
(Neah Bay Subarea), was modified by
Inseason Action #8 (70 FR 55303,
September 21, 2005), effective Tuesday,
August 30, 2005, to be open seven days
per week. All other restrictions
remained in effect as announced for
2005 ocean salmon fisheries, and by
previous inseason actions.
The Recreational Fishery from
Leadbetter Point, WA to Cape Falcon,
OR (Columbia River Subarea), was
modified by Inseason Action #9 (70 FR
, 69916, November 18, 2005), effective
Friday, September 9, 2005, to have a
daily bag limit as follows: ‘‘All salmon,
except no Chinook retention, two fish
per day, all retained coho must have a
healed adipose fin clip.’’ All other
restrictions remained in effect as
announced for 2005 ocean salmon
fisheries, and by previous inseason
actions.
On September 13, 2005, the RA
consulted with representatives of the
Pacific Fishery Management Council,
Washington Department of Fish and
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
71243
Wildlife, and Oregon Department of
Fish and Wildlife by conference call.
Information related to catch to date, the
Chinook and coho catch rates, and effort
data indicated that the Chinook catch
rate was slower than anticipated and
that there was sufficient Chinook quota
remaining to relax the daily bag limit.
As a result, on September 13, 2005, the
states recommended, and the RA
concurred, that effective Friday,
September 17, 2005, the Columbia River
Subarea would be modified to have a
daily bag limit as follows: ‘‘All Salmon,
two fish per day, all retained coho must
have a healed adipose fin clip.’’ All
other restrictions remain in effect as
announced for 2005 ocean salmon
fisheries, and by previous inseason
actions.
The RA determined that the best
available information indicated that the
catch and effort data, and projections,
supported the above inseason action
recommended by the states. The states
manage the fisheries in state waters
adjacent to the areas of the U.S.
exclusive economic zone in accordance
with this Federal action. As provided by
the inseason action procedures of 50
CFR 660.411, actual notice to fishers of
the already described regulatory action
was given, prior to the date the action
was effective, by telephone hotline
number 206–526–6667 and 800–662–
9825, and by U.S. Coast Guard Notice to
Mariners broadcasts on Channel 16
VHF-FM and 2182 kHz.
This action does not apply to other
fisheries that may be operating in other
areas.
Classification
The Assistant Administrator for
Fisheries, NOAA (AA), finds that good
cause exists for this notification to be
issued without affording prior notice
and opportunity for public comment
under 5 U.S.C. 553(b)(B) because such
notification would be impracticable. As
previously noted, actual notice of the
regulatory action was provided to
fishers through telephone hotline and
radio notification. This action complies
with the requirements of the annual
management measures for ocean salmon
fisheries (70 FR 23054, May 4, 2005),
the West Coast Salmon Plan, and
regulations implementing the West
Coast Salmon Plan 50 CFR 660.409 and
660.411. Prior notice and opportunity
for public comment was impracticable
because NMFS and the state agencies
had insufficient time to provide for
prior notice and the opportunity for
public comment between the time the
fishery catch and effort data were
collected to determine the extent of the
fisheries, and the time the fishery
E:\FR\FM\28NOR1.SGM
28NOR1
71244
Federal Register / Vol. 70, No. 227 / Monday, November 28, 2005 / Rules and Regulations
modifications had to be implemented in
order to allow fishers access to the
available fish at the time the fish were
available. The AA also finds good cause
to waive the 30–day delay in
effectiveness required under U.S.C.
553(d)(3), as a delay in effectiveness of
this action would unnecessarily limit
fishers appropriately controlled access
VerDate Aug<31>2005
17:18 Nov 25, 2005
Jkt 208001
to available fish during the scheduled
fishing season by unnecessarily
maintaining a restriction. The action
allowed fishers to land up to two of any
species of salmon, previously Chinook
salmon could not be retained.
This action is authorized by 50 CFR
660.409 and 660.411 and is exempt from
review under Executive Order 12866.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
Authority: 16 U.S.C. 1801 et seq.
Dated: November 18, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–23284 Filed 11–25–05; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\28NOR1.SGM
28NOR1
]]>Agencies
[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Rules and Regulations]
[Pages 71242-71244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23284]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 050426117-5117-01; I.D. 110905E]
Fisheries Off West Coast States and in the Western Pacific; West
Coast Salmon Fisheries; Inseason Action 10 - Adjustment of the
Recreational Fishery from Leadbetter Point, Washington, to Cape Falcon,
Oregon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; modification of fishing seasons; request for
comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces a regulatory modification in the recreational
fishery from Leadbetter Point, WA, to Cape Falcon, OR (Columbia River
Subarea). Effective Friday, September 17, 2005, the daily bag limit for
the Columbia River Subarea was modified as follows: ``All Salmon, two
fish per day, all retained coho must have a healed adipose fin clip.''
All other restrictions remain in effect as announced for 2005 ocean
salmon fisheries, and by previous inseason actions. This action was
necessary to conform to the 2005 management goals, and the intended
effect is to allow the fishery to operate within the seasons and quotas
specified in the 2005 annual management measures.
DATES: Modification in the recreational fishery from Leadbetter Point,
WA to Cape Falcon, OR is effective 001 hours local time (l.t.) Friday,
September 17, 2005, until the next scheduled open period, which will be
announced in a future publication in the Federal Register.
Comments will be accepted through December 13, 2005.
ADDRESSES: Comments on this action must be mailed to D. Robert Lohn,
Regional Administrator, Northwest Region, NMFS, NOAA, 7600 Sand Point
Way N.E., Bldg. 1, Seattle, WA 98115-0070; or faxed to 206-526-6376; or
Rod McInnis, Regional Administrator, Southwest Region, NMFS, NOAA, 501
W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4132; or faxed to 562-
980-4018. Comments can also be submitted via e-mail at the
2005salmonIA10.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 [050426117-5117-01
and/or I.D. 110905E] in the subject line of the message. Information
relevant to this document is available for public review during
business hours at the Office of
[[Page 71243]]
the Regional Administrator, Northwest Region, NMFS.
FOR FURTHER INFORMATION CONTACT: Christopher Wright, 206-526-6140.
SUPPLEMENTARY INFORMATION: The NMFS Regional Administrator (RA) has
adjusted the recreational fishery from Leadbetter Point, WA, to Cape
Falcon, OR (Columbia River Subarea), with one regulatory modification.
On September 13, 2005, the Regional Administrator determined that the
Chinook catch rate was slower than anticipated and that there was
sufficient Chinook quota remaining to allow relaxation of the daily bag
limit. Therefore, effective Friday, September 17, 2005, the daily bag
limit for the Columbia River Subarea was modified as follows: ``All
Salmon, two fish per day, all retained coho must have a healed adipose
fin clip.''
All other restrictions remain in effect as announced for 2005 ocean
salmon fisheries, and by previous inseason actions. This action was
necessary to conform to the 2005 management goals, and the intended
effect is to allow the fishery to operate within the seasons and quotas
specified in the 2005 annual management measures. Modification of the
species that may be caught and landed during specific seasons and the
establishment or modification of limited retention regulations is
authorized by regulations at 50 CFR 660.409(b)(1)(ii). Modification in
recreational bag limits and recreational fishing days per calendar week
is authorized by regulations at 50 CFR 660.409(b)(1)(iii).
In the 2005 annual management measures for ocean salmon fisheries
(70 FR 23054, May 4, 2005), NMFS announced the recreational fisheries:
the area from the U.S.-Canada Border to Cape Alava, WA (Neah Bay
Subarea) opened July 1 through the earlier of September 18 or a 12,667
marked coho subarea quota with a subarea guideline of 4,300 Chinook;
the area from Cape Alava to Queets River, WA (La Push Subarea) opened
July 1 through the earlier of September 18 or a 3,067 marked coho
subarea quota with a subarea guideline of 1,900 Chinook; the area from
Queets River to Leadbetter Point, WA (Westport Subarea) opened June 26
through the earlier of September 18 or a 45,066 marked coho subarea
quota with a subarea guideline of 28,750 Chinook; the area from
Leadbetter Point, WA to Cape Falcon, OR (Columbia River Subarea) opened
July 3 through the earlier of September 30 or a 60,900-marked coho
subarea quota with a subarea guideline of 8,200 Chinook. The Neah Bay
and La Push Subareas were opened Tuesday through Saturday, and the
Westport and Columbia River Subareas were opened Sunday through
Thursday. All subareas had a provision specifying that there may be a
conference call no later than July 27 to consider opening seven days
per week. All subareas were restricted to a Chinook minimum size limit
of 24 inches (61.0 cm) total length. In addition, all of the subarea
bag limits were for all salmon, two fish per day, no more than one of
which may be a Chinook, with all retained coho required to have a
healed adipose fin clip.
The recreational fisheries in the area from Cape Alava, WA, to Cape
Falcon, OR (La Push, Westport, and Columbia River Subareas), were
modified by Inseason Action 5 (70 FR 47727, August 15, 2005),
effective Friday, July 29, 2005, to be open seven days per week, with a
modified daily bag limit as follows: ``All salmon, two fish per day,
and all retained coho must have a healed adipose fin clip.'' All other
restrictions remained in effect as announced for 2005 Ocean Salmon
Fisheries.
The recreational fishery from the U.S.-Canada Border to Cape Alava,
WA (Neah Bay Subarea), was modified by Inseason Action 6 (70
FR 52035, September 1, 2005), effective Tuesday, August 16, 2005, to a
have a daily bag limit as follows: ``All salmon, two fish per day, and
all retained coho must have a healed adipose fin clip.'' All other
restrictions remained in effect as announced for 2005 Ocean Salmon
Fisheries.
The recreational fishery from the U.S.-Canada Border to Cape Alava,
WA (Neah Bay Subarea), was modified by Inseason Action 8 (70
FR 55303, September 21, 2005), effective Tuesday, August 30, 2005, to
be open seven days per week. All other restrictions remained in effect
as announced for 2005 ocean salmon fisheries, and by previous inseason
actions.
The Recreational Fishery from Leadbetter Point, WA to Cape Falcon,
OR (Columbia River Subarea), was modified by Inseason Action 9
(70 FR , 69916, November 18, 2005), effective Friday, September 9,
2005, to have a daily bag limit as follows: ``All salmon, except no
Chinook retention, two fish per day, all retained coho must have a
healed adipose fin clip.'' All other restrictions remained in effect as
announced for 2005 ocean salmon fisheries, and by previous inseason
actions.
On September 13, 2005, the RA consulted with representatives of the
Pacific Fishery Management Council, Washington Department of Fish and
Wildlife, and Oregon Department of Fish and Wildlife by conference
call. Information related to catch to date, the Chinook and coho catch
rates, and effort data indicated that the Chinook catch rate was slower
than anticipated and that there was sufficient Chinook quota remaining
to relax the daily bag limit. As a result, on September 13, 2005, the
states recommended, and the RA concurred, that effective Friday,
September 17, 2005, the Columbia River Subarea would be modified to
have a daily bag limit as follows: ``All Salmon, two fish per day, all
retained coho must have a healed adipose fin clip.'' All other
restrictions remain in effect as announced for 2005 ocean salmon
fisheries, and by previous inseason actions.
The RA determined that the best available information indicated
that the catch and effort data, and projections, supported the above
inseason action recommended by the states. The states manage the
fisheries in state waters adjacent to the areas of the U.S. exclusive
economic zone in accordance with this Federal action. As provided by
the inseason action procedures of 50 CFR 660.411, actual notice to
fishers of the already described regulatory action was given, prior to
the date the action was effective, by telephone hotline number 206-526-
6667 and 800-662-9825, and by U.S. Coast Guard Notice to Mariners
broadcasts on Channel 16 VHF-FM and 2182 kHz.
This action does not apply to other fisheries that may be operating
in other areas.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), finds that
good cause exists for this notification to be issued without affording
prior notice and opportunity for public comment under 5 U.S.C.
553(b)(B) because such notification would be impracticable. As
previously noted, actual notice of the regulatory action was provided
to fishers through telephone hotline and radio notification. This
action complies with the requirements of the annual management measures
for ocean salmon fisheries (70 FR 23054, May 4, 2005), the West Coast
Salmon Plan, and regulations implementing the West Coast Salmon Plan 50
CFR 660.409 and 660.411. Prior notice and opportunity for public
comment was impracticable because NMFS and the state agencies had
insufficient time to provide for prior notice and the opportunity for
public comment between the time the fishery catch and effort data were
collected to determine the extent of the fisheries, and the time the
fishery
[[Page 71244]]
modifications had to be implemented in order to allow fishers access to
the available fish at the time the fish were available. The AA also
finds good cause to waive the 30-day delay in effectiveness required
under U.S.C. 553(d)(3), as a delay in effectiveness of this action
would unnecessarily limit fishers appropriately controlled access to
available fish during the scheduled fishing season by unnecessarily
maintaining a restriction. The action allowed fishers to land up to two
of any species of salmon, previously Chinook salmon could not be
retained.
This action is authorized by 50 CFR 660.409 and 660.411 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 18, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-23284 Filed 11-25-05; 8:45 am]
BILLING CODE 3510-22-S
