[Federal Register Volume 64, Number 200 (Monday, October 18, 1999)]
[Rules and Regulations]
[Pages 56177-56178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26607]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 99040113-913-01; I.D. 090899A]


Fisheries off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Commercial Inseason Adjustments and Closures 
from Cape Flattery to Leadbetter Point, WA

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

ACTION: Inseason adjustments; closures; request for comments.

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SUMMARY: NMFS announces the following inseason adjustments to the 
commercial salmon fishery in the area between Cape Flattery 
(48 deg.23'00'' N. lat.) and Cape Alava (48 deg.10'00'' N. lat.). West 
of 125 deg.05'00'' W. long. and Cape Alava and Leadbetter Point, WA: 
Suspension of certain gear restrictions and the 100-coho trip limit for 
the open period from July 31 to August 3, 1999; closing the entire area 
to fishing from August 4 through August 14, 1999; reopening the area 
between Cape Alava and Leadbetter Point, WA, from August 14 through 
August 17, 1999, with the suspension of certain gear restrictions and 
the 100-coho trip limit; and closing the entire area to fishing 
starting August 18, 1999, for the duration of the season, scheduled to 
close September 30, 1999, due to the attainment of the 7,000-chinook 
guideline. These actions were necessary to conform to the 1999 
management measures and were intended to ensure conservation of chinook 
salmon.

DATES: Suspension of gear restrictions and the coho trip limit 
effective 0001 hours local time (l.t.), July 31, 1999, from the area 
between Cape Flattery and Leadbetter Point, WA; closure effective 0001 
hours l.t., August 4, 1999, from the area between Cape Flattery and 
Leadbetter Point, WA; reopening the area between Cape Alava and 
Leadbetter Point, WA, effective 0001 hours l.t., August 14, 1999; and 
closure effective 0001 hours l.t., August 21, 1999 from the area 
between Cape Flattery and Leadbetter Point, WA through the end of the 
1999 fishing season, or until NMFS publishes a further notice in the 
Federal Register. Comments will be accepted through November 2, 1999.

ADDRESSES: Comments may be mailed to William Stelle, Jr., Regional 
Administrator, Northwest Region, NMFS, NOAA, 7600 Sand Point Way NE., 
Bldg. 1, Seattle, WA 98115-0070.

FOR FURTHER INFORMATION CONTACT: William L. Robinson, 206-526-6140. 
Information relevant to this document is available for public review 
during business hours at the Office of the Regional Administrator, 
Northwest Region, NMFS.

SUPPLEMENTARY INFORMATION:

Background

    Modification of fishing seasons is authorized by regulations at 50 
CFR 660.409(b)(1)(i). All other restrictions that applied to this 
fishery remained in effect as announced in the annual management 
measures. Regulations governing the ocean salmon fisheries at 50 CFR 
660.409(a)(1) state that, when a quota for the commercial or the 
recreational fishery, or both, for any salmon species in any portion of 
the fishery management area is projected by the Regional Administrator 
to be reached on or by a certain date, NMFS

[[Page 56178]]

will, by notification issued under 50 CFR 660.411, close the commercial 
or recreational fishery, or both, for all salmon species in the portion 
of the fishery management area to which the quota applies as of the 
date the quota is projected to be reached.
    In the 1999 management measures for ocean salmon fisheries (64 FR 
24078, May 5, 1999), NMFS announced that the commercial fishery for all 
salmon from Cape Flattery (48 deg.23'00'' N. lat.) to Cape Alava 
(48 deg.10'00'' N. lat.) west of 125 deg.05'00'' W. long. and Cape 
Alava to Leadbetter Point, WA, would open July 10 through the earliest 
of September 30 or attainment of the overall chinook quota (preseason 
4,500-chinook guideline) or 20,000-coho quota. In a previous inseason 
adjustment, NMFS transferred 2,500 chinook of the remaining 12,884 
chinook salmon from the May/June commercial fishery to the July through 
September fishery from Cape Flattery to Leadbetter Point, WA, making 
the total guideline for this area for this period 7,000 chinook salmon 
(64 FR 42856, August 6, 1999).

Salmon Inseason Adjustments

    The Regional Administrator consulted with representatives of the 
Pacific Fishery Management Council (Council), the Washington Department 
of Fish and Wildlife (WDFW), and the Oregon Department of Fish and 
Wildlife (ODFW) on July 29, 1999, regarding the suspension of gear 
restrictions (no more than four spreads per line; gear restricted to 
plugs 6 inches (15.2 cm) or longer; flashers without hooks may be used 
if installed below the second spread from the top and will not be 
counted as a spread; and no more than one flasher per line), and the 
suspension of the coho trip limit (where each vessel may possess, land 
and deliver no more than 100 coho per open period) for the open period 
from July 31 to August 3. The States of Washington and Oregon 
recommended the suspension of certain restrictions and the coho trip 
limit because these measures were originally adopted to target chinook 
and spread the fishing pressure over the entire season. Because the 
chinook catch rate was very high compared to the coho catch rate, the 
states recommended suspension of gear restrictions and the coho trip 
limit, in order to shift effort away from chinook and onto coho salmon. 
Nevertheless, except for the four spreads per line restriction, all of 
the regular gear restrictions found in Table 1.C. of the 1999 
management measures remained in effect (64 FR 24078, Table 1.C., May 5, 
1999). The catch projected on July 27, 1999, was 4,449 chinook out of a 
7,000-chinook guideline, and only 514 coho of a 20,000-coho quota. 
Therefore, NMFS suspended certain gear restrictions and the coho trip 
limit for the open period from July 31 to August 3, 1999, with the 
understanding that this change would be evaluated after the open period 
and then discussed in a meeting on August 5, 1999, to decide whether 
this inseason adjustment should continue for the remainder of the 
season.
    On August 5, 1999, the Regional Administrator consulted with 
representatives of the Council, WDFW, and ODFW to discuss the status of 
catch and whether or not the suspension of the gear restrictions and 
the coho trip limit should continue. The estimated catch of chinook 
continued to be higher than expected, with the total catch as of August 
5, 1999, at 5,988 chinook, and the total catch of coho at 1,387. Since 
these numbers did not include some catch information and the estimated 
catch of chinook was higher than expected, the states recommended that 
the fishery be suspended for the next open period, August 7-10, 1999, 
until all of the relevant data were collected and an analysis completed 
to make an adequate decision for the remaining season. Accordingly, 
NMFS closed the area to fishing through August 14, 1999.
    The Regional Administrator consulted with representatives of the 
Council, WDFW, and ODFW on August 9, 1999. The relevant sources of 
catch data were adequately reported, and the analysis estimated the 
total catch at approximately 6,000 chinook and 1,500 coho. With 1,000 
chinook remaining in the guideline of 7,000 fish, all parties were 
concerned that the past high chinook catch rate would continue and the 
7,000-chinook guideline would be exceeded. The states recommended that 
both the area of fishing be limited to the area between Cape Alava and 
Leadbetter Point, WA, and the suspension of gear restrictions and the 
coho trip limit be continued during the next open period. The states 
determined that a number of factors supported restricting the reopened 
fishery to the reduced area. These factors were as follows: (1) The 
highest catch of chinook, 1,300 of the 1,500 landed in the last open 
period, was in the area between Cape Flattery and Cape Alava. 
Therefore, closing this area would reduce the number of chinook caught; 
(2) the suspension of the gear restrictions, designed to help target 
chinook, allowed fishers to use gear that would target more coho; (3) 
the historic catch of chinook has decreased towards the later part of 
the season in this fishery; therefore, the catch rate of chinook was 
expected to be greatly reduced; and (4) the reports from the troller 
representatives indicated that the fishers who had larger boats and 
landed the majority of the chinook were not going to continue to fish 
for salmon, and had switched gear to pursue the more lucrative tuna 
fishery offshore. Therefore, NMFS reopened the area between Cape Alava 
and Leadbetter Point, WA, from August 14 through August 17, 1999, with 
suspension of gear restrictions and the coho trip limit. The area was 
closed August 18-20, 1999, under the annual management measures.
    On August 19, 1999, the Regional Administrator consulted with 
representatives of the Council, WDFD, and ODFW to discuss the status of 
catch and whether or not the fishery should continue. The estimated 
catch of chinook was higher than expected. The total catch as of August 
19, 1999, was 7,224 chinook, exceeding the 7,000-chinook guideline, and 
the total catch of coho was 4,644. Therefore, NMFS closed the area to 
fishing for the duration of the season due to attainment of the 7,000-
chinook guideline.
    The States of Washington and Oregon will manage the commercial 
fishery in state waters adjacent to this area of the exclusive economic 
zone in accordance with this Federal action. As provided by the 
inseason notification procedures of 50 CFR 660.411, actual notification 
of these actions was given to fishermen prior to the effective dates by 
telephone hotline numbers 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. Because of the need for immediate action to make inseason 
adjustments and close the fishery upon achievement of the quota, NMFS 
has determined that good cause exists for this action to be issued 
without affording a prior opportunity for public comment. These actions 
do 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: October 6, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-26607 Filed 10-15-99; 8:45 am]
BILLING CODE 3510-22-F