[Federal Register Volume 61, Number 165 (Friday, August 23, 1996)]
[Rules and Regulations]
[Pages 43472-43473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21552]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 960126016-6121-04; I.D. 081596B]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Adjustments From the U.S.-Canadian 
Border to Cape Falcon, OR, and From Sisters Rocks to Mack Arch, OR

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Inseason adjustments.

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SUMMARY: NMFS announces inseason increases to the non-treaty and treaty 
Indian coho salmon ocean fishery quotas in the area from the U.S.-
Canadian border to Cape Falcon, OR. The increase to the non-treaty 
quota is apportioned between the commercial troll and recreational 
fisheries and among recreational subareas according to the coho salmon 
allocation provisions contained in the Fishery Management Plan for the 
Ocean Salmon Fisheries off the Coasts of Washington, Oregon, and 
California. NMFS also announces that the commercial salmon fishery in 
the area from Sisters Rocks to Mack Arch, OR, opened 7 days a week 
beginning August 15, 1996. This adjustment is intended to provide 
additional fishing opportunity to commercial fishermen and maximize the 
harvest of chinook salmon without exceeding the ocean share allocated 
to the commercial fishery in this area.

DATES: Modification of the coho salmon quotas is effective August 22, 
1996, through September 30, 1996. Modification of the fishing season is 
effective 0001 hours local time, August 15, 1996, through 2400 hours 
local time, August 31, 1996. Comments will be accepted through 
September 6, 1996.

ADDRESSES: Comments may be mailed to William Stelle, Jr., Director, 
Northwest Region, NMFS (Regional Director), NOAA, 7600 Sand Point Way 
NE., Seattle, WA 98115-0070. Information relevant to this action has 
been

[[Page 43473]]

compiled in aggregate form and is available for public review during 
business hours at the office of the Regional Director.

FOR FURTHER INFORMATION CONTACT: William L. Robinson, 206-526-6140.

SUPPLEMENTARY INFORMATION: In the annual management measures for ocean 
salmon fisheries (61 FR 20175, May 6, 1996), NMFS announced that the 
non-treaty commercial and recreational salmon fisheries in the area 
from the U.S.-Canadian border to Cape Falcon, OR, are closed unless the 
conditions allowing the contingency seasons are met. Agreement was 
reached between the United States and Canada that the Canadian harvest 
of coho salmon off the west coast of Vancouver Island (WCVI) would be 
less than 1 million fish. At this harvest level, the contingency 
seasons could be opened and adjustments to the non-treaty coho total 
allowable catch (TAC) could be made, implemented by inseason 
management. U.S. fishery managers agreed at that time that any 
additional harvest opportunity on coho salmon would be provided to the 
inside fisheries instead of the ocean fisheries. Therefore, when the 
contingency seasons opened, the non-treaty ocean TAC was set at 75,000 
coho. The overall treaty Indian troll ocean quota was increased to 
25,000 coho as provided for in the annual management measures (61 FR 
40157, August 1, 1996).
    The annual management measures state that, at a harvest level of 
less than 1.1 million coho salmon off WCVI, the non-treaty coho TAC may 
be increased above 75,000, contingent on the following criteria being 
met: Allocating at least 50 percent of the savings from WCVI harvest 
reductions below 1.2 million coho to spawner escapement of the critical 
coho stocks; no increase in estimated Oregon coastal natural coho 
impacts above those modeled under the assumptions of the season 
structure presented in the contingency seasons for an assumed WCVI 
harvest of 1.2 million coho; and agreement among all relevant state and 
tribal fishery managers. Any adjustments to the non-treaty coho TAC 
would be implemented by inseason management.
    On August 7, the Regional Director consulted with fishery managers 
of the States of Washington and Oregon and the affected northwest 
treaty Indian tribes, and the Chairman of the Pacific Fishery 
Management Council, regarding further discussions and a recommendation 
to increase coho salmon quotas above the levels in the contingency 
regime. The best available analysis of impacts of the increased quotas 
indicates that at least 50 percent of the savings from the reduction in 
harvest level will accrue to spawner escapements of the critical coho 
stocks, and that overall impacts on Oregon coastal natural coho salmon 
are neutral. Therefore, the criteria for adjustments to the non-treaty 
coho TAC were met.
    NMFS is increasing the non-treaty coho salmon ocean quota north of 
Cape Falcon, OR, by 8,000 fish, from 75,000 to 83,000 fish. The overall 
non-treaty increase is distributed between the commercial and 
recreational fisheries, with the troll fishery quota increasing from 
18,800 to 20,800 fish. The recreational quota increases are further 
distributed among the four subareas north of Cape Falcon, with the 
quota in the subarea from the U.S.-Canadian border to Cape Alava, WA, 
increasing from 5,800 to 6,400 fish; the quota in the subarea from Cape 
Alava to the Queets River, WA, increasing from 1,500 to 1,700 fish; the 
quota in the subarea from the Queets River to Leadbetter Point, WA, 
increasing from 20,800 to 23,000 fish; and the quota in the subarea 
from Leadbetter Point, WA, to Cape Falcon, OR, increasing from 28,100 
to 31,100 fish. NMFS is also increasing the overall treaty Indian coho 
salmon ocean quota by 5,000 fish, from 25,000 to 30,000 fish.
    In the annual management measures, NMFS announced that the 1996 
commercial fishery for all salmon except coho salmon in the area from 
Sisters Rocks to Mack Arch, OR, would open August 3, with the season to 
follow a cycle of 2 days open and 2 days closed, until the earlier of 
August 31 or attainment of the 3,000 chinook salmon quota.
    The best available information on August 12 indicated that 
commercial catches for the first three open periods (August 3-4, 7-8, 
and 11-12) totaled slightly over 500 chinook salmon. The preseason 
objective for implementing the open/closure cycle was to dampen catch 
rates and prevent the quota from being attained too quickly or exceeded 
by a large amount. The preseason management measure that opened this 
fishery for 2-day periods is being rescinded, because its use as a 
catch dampening measure is considered to be too restrictive. Conversion 
to a fishing season open 7 days per week will provide additional 
fishing opportunity to commercial fishermen to increase access to 
chinook salmon. This adjustment was effective starting with the opening 
of the next scheduled period on August 15.
    Modifications of quotas and fishing seasons are authorized by 
regulations at 50 CFR 660.409(b)(1)(i). All other restrictions that 
apply to these fisheries remain in effect as announced in the annual 
management measures.
    The Regional Director consulted with representatives of the 
Washington Department of Fish and Wildlife, Oregon Department of Fish 
and Game, treaty Indian tribes, and Pacific Fishery Management Council 
regarding this action. The States of Washington and Oregon will manage 
the non-treaty commercial and recreational fisheries in State waters 
adjacent to these areas of the exclusive economic zone consistent with 
this Federal action. The treaty Indian tribes will manage the treaty 
troll fisheries in accordance with the revised coho quota. As provided 
by the inseason action procedures of 50 CFR 660.411, actual notice to 
fishermen of the modification of fishing season was given prior to 
August 15, 1996 (reopening date of the commercial fishery between 
Sisters Rocks and Mack Arch, OR) and actual notice to fishermen for the 
inseason increases to the non-treaty and treaty Indian coho salmon 
ocean fishery quotas was given on August 15, 1996, by telephone hotline 
number 206-526-6667 or 800-662-9825, and by U.S. Coast Guard Notice to 
Mariners broadcasts on Channel 16 VHF-FM and 2182 kHz. Because of the 
need for immediate action to adjust these fisheries in a timely manner, 
NMFS has determined that good cause exists for this action to be issued 
without affording a prior opportunity for public comment. This action 
does not apply to other fisheries that may be operating in other areas.

Classification

    This action is authorized by 50 CFR 660.409 and 660.411 and is 
exempt from review under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 19, 1996.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 96-21552 Filed 8-22-96; 8:45 am]
BILLING CODE 3510-22-F