[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Rules and Regulations]
[Pages 62127-62128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29872]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 99040113-01; I.D. 092199D]


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

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

ACTION: Reopening; inseason adjustments; request for comments.

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SUMMARY: NMFS announces the following inseason adjustment: the 
commercial salmon fishery in the area between Cape Alava to Leadbetter 
Point, WA, for all salmon except chinook reopened on September 5, 1999, 
with the suspension of certain gear restrictions and the coho trip 
limit. The fishery closed on September 13, 1999, and will not reopen 
until further notification. There were 12,400 coho remaining in the 
quota when the fishery opened. Earlier in the season the 7,000 chinook 
quota had been reached and the season was closed. But on September 2, 
1999, there was a trade of 1,000 chinook, from the north of Cape Falcon 
recreational salmon fisheries overall chinook quota, for 2,000 coho 
from the 14,400 coho remaining in the commercial fishery from Cape 
Alava to Leadbetter Point, WA. The 2,000 coho traded from the 
commercial fishery were moved to the Cape Alava to Queets River subarea 
recreational fishery increasing the coho subarea quota to 4,600 fish. 
The 1,000 chinook were to be used to cover those chinook mortalities 
related to chinook hooked and released during the 9-day commercial open 
period targeting coho. These actions were necessary to conform to the 
1999 management measures and were intended to ensure conservation of 
chinook salmon.

DATES: The commercial salmon fishery from the area between Cape Alava 
to Leadbetter Point, WA, reopened effective 0001 hours local time 
(l.t.), September 5, 1999, and closed on September 13, 1999. Comments 
will be accepted through December 1, 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. 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: William Robinson, 206-526-6140.

SUPPLEMENTARY INFORMATION:

Background

    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, 1999, 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).
    NMFS also made the additional inseason adjustments. First, NMFS 
suspended certain gear restrictions (no more than 4 spreads per line; 
gear restricted to plugs 6 in (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

[[Page 62128]]

one flasher per line), and also suspended 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, 1999. 
Second, the fishery was closed for the next scheduled open period, 
August 7-10, 1999, until relevant data regarding the chinook catch was 
collected and an analysis completed to make an adequate decision for 
the remaining season. NMFS kept the area closed to fishing through 
August 14, 1999. Third, NMFS reopened the area between Cape Alava to 
Leadbetter Point, WA, from August 14 through August 17, 1999, with 
suspension of gear restrictions and the coho trip limit. Fourth, the 
estimated catch of chinook was higher than expected, with the total 
catch as of August 19, 1999, at 7,224 chinook, exceeding the 7,000 
chinook guideline, and the total catch of coho at 4,644; therefore, 
NMFS closed the area to fishing for the remainder of the scheduled 
season due to attainment of the 7,000 chinook guideline (64 FR 56177, 
September 18, 1999).
    On September 2, 1999, 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) to discuss the status of catch 
in both the commercial and recreational salmon fisheries north of Cape 
Falcon. Earlier in the season the commercial fishery reached the 7,000 
chinook quota between Cape Alava and Leadbetter point, WA, and the 
season was closed. However, only 4,600 coho had been caught out of the 
20,000 coho quota. The recreational fishery in the sub-area between 
Cape Alava and Queets River, WA, caught 1,975 coho of the sub-area 
quota of 2,600 coho. The chinook caught in the recreational salmon 
fishery north of Cape Falcon was 9,077 fish, approximately 42 percent 
of the overall chinook quota of 21,400 chinook.
    The sub-area between Cape Alava and Queets River was nearing its 
coho quota; however, the overall recreational chinook catch was well 
below the 21,400 fish quota and, in light of a decreasing chinook catch 
rate, it was very unlikely to reach half that amount with the 
recreational seasons scheduled to close on September 30, 1999. The 
States recommended a trade of 1,000 chinook from the north of Cape 
Falcon recreational salmon fishery's overall chinook quota of 21,400 
fish, for 2,000 coho transferred out of the 14,400 coho remaining in 
the commercial fishery from Cape Alava to Leadbetter Point, WA. The 
2,000 coho would be moved to the Cape Alava to Queets River subarea 
recreational fishery, increasing the coho subarea quota from 2,600 to 
4,600 fish, and the 1,000 chinook would be used to cover those chinook 
mortalities related to chinook hooked and released during the 9-day 
commercial open period targeting coho. In addition, the States 
recommended that the previous suspension of certain gear restrictions 
(no more than 4 spreads per line; gear restricted to plugs 6 in (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 also the suspension of the coho 
trip limit (where each vessel may possess, land and deliver no more 
than 100 coho per open period) be continued for the 9-day commercial 
open period targeting coho. Therefore, NMFS reopened the commercial 
salmon fishery in the area between Cape Alava to Leadbetter Point, WA, 
for all salmon except chinook on September 5 until September 13, 1999, 
(when the fishery closed for the season until further notification), 
with 12,400 coho remaining in the quota, suspension of certain gear 
restrictions, and suspension of the coho trip limit. NMFS increased the 
Cape Alava to Queets River subarea recreational salmon fishery's coho 
subarea quota to 4,600 fish.
    Modification of fishing seasons is authorized by regulations at 50 
CFR 660.409(b)(1). All other restrictions that applied to these 
fisheries remained in effect as announced in the annual management 
measures.
    In making these decisions, the Regional Administrator consulted 
with representatives of the Council, WDFW, and ODFW. The States of 
Washington and Oregon will manage the commercial and recreational 
fisheries 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 notice 
to fishermen of these actions was given prior 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 to allow harvest and to 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: November 9, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-29872 Filed 11-15-99; 8:45 am]
BILLING CODE 3510-22-F