[Federal Register Volume 66, Number 133 (Wednesday, July 11, 2001)]
[Rules and Regulations]
[Pages 36212-36213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17365]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000501119-0119-01; I.D. 061201A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Adjustment for the Commercial Fishery 
from U.S.-Canada Border to Cape Falcon, OR

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

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS announces modification of the landing requirements for 
the commercial salmon fishery (except coho) in the area from the U.S.-
Canada Border to Cape Falcon, OR, to allow salmon caught in the area to 
be landed in Oregon. The modified provision requires that vessels land 
and deliver fish within the area (U.S.-Canada Border to Cape Falcon), 
or within Oregon ports south of Cape Falcon, and within 24 hours of any 
closure of this fishery. NMFS also describes the Oregon State reporting 
and landing requirements for salmon caught in the area. This action is 
necessary to provide flexibility to Oregon fishermen, while 
implementing the 2001 annual management measures for ocean salmon 
fisheries.

DATES: Inseason adjustment effective 2400 hours local time, May 4, 
2001. Comments will be accepted through July 26, 2001.

[[Page 36213]]


ADDRESSES: Comments on this action may be mailed to Donna Darm, Acting 
Regional Administrator, Northwest Region, NMFS, NOAA, 7600 Sand Point 
Way N.E., Bldg. 1, Seattle, WA 98115-0070; fax 206-526-6376; or Rebecca 
Lent, Regional Administrator, Southwest Region, NMFS, NOAA, 501 W. 
Ocean Blvd., Suite 4200, Long Beach, CA 90802-4132; fax 562-980-4018. 
Comments will not be accepted if submitted via e-mail or the Internet. 
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: Regulations governing the ocean salmon 
fisheries at 50 CFR 660.409(b)(1)(v) state that the Regional 
Administrator, in consultation with the Chairman of the Pacific Fishery 
Management Council (Council) and the appropriate State Directors, may, 
under the flexible inseason management provisions, modify boundaries, 
including landing boundaries.
    In the 2001 annual management measures for ocean salmon fisheries 
(66 FR 23185, May 8, 2001), NMFS announced that the area from the U.S.-
Canada Border to Cape Falcon would open May 1 through the earlier of 
June 30 or a 17,000-chinook guideline. The 17,000-chinook guideline 
includes a subarea guideline of 12,000 chinook for the subarea between 
the U.S.-Canada border and the Queets River. Vessels were required to 
land and deliver their fish within the area (U.S.-Canada Border to Cape 
Falcon) or in adjacent areas that are closed to all commercial non-
Indian salmon fishing, and within 24 hours of any closure of this 
fishery. In addition, Washington State regulations required that 
fishermen fishing within the U.S.-Canada Border to Queets River 
subarea, and intending to land their catch outside of this subarea, 
notify the Washington Department of Fish and Wildlife (WDFW) before 
they leave the subarea. However, by restricting fishermen fishing in 
the area (U.S.-Canada Border to Cape Falcon) to land and deliver their 
catch within the area, or in adjacent areas closed to all commercial 
non-Indian salmon fishing, the 2001 annual management measures for 
ocean salmon fisheries inadvertently prohibited salmon caught north of 
Cape Falcon from being landed in Oregon. There are no qualifying Oregon 
ports for fishermen fishing north of Cape Falcon. This situation came 
to light after the annual management measures were sent by the Council 
to NMFS for approval after the April 2001 meeting. Therefore, the State 
of Oregon requested an inseason modification to the 2001 annual 
management measures to modify the area landing requirements.
    The Regional Administrator consulted with representatives of the 
Council, the Oregon Department of Fish and Wildlife (ODFW), and WDFW 
regarding this adjustment on May 3, 2001. Oregon recommended that the 
management measures for the north of Cape Falcon area be changed to 
allow fish to be landed in ports south of Cape Falcon. The State of 
Oregon has implemented landing notification requirements to ensure that 
proper catch accounting (accounting for the number of fish caught) is 
done for the area catch.
    In certain quota fisheries, it is necessary to restrict landing to 
certain areas in order to ensure accurate and timely catch accounting. 
This was the reason for the initial landing restriction. However, NMFS 
and the states have realized that the existing language was 
particularly restrictive on fishermen who want to land south of Cape 
Falcon, and the catch accounting problem can be solved by the State of 
Oregon. Oregon has now implemented a reporting system for catch from 
north of Cape Falcon, which will allow accurate and timely catch 
accounting. Therefore, NMFS is implementing this modification of the 
annual management measures.
    The adjusted regulatory language has been approved by NMFS and 
reads as follows:

U.S.-Canada Border to Cape Falcon

    May 1 through earlier of June 30 or 17,000-chinook guideline (see 
C.7.a of the 2001 annual salmon management measures). All salmon except 
coho. No more than 4 spreads per line beginning June 1 (see gear 
restrictions in C.2 of the 2001 annual salmon management measures). 
Cape Flattery and Columbia Control Zones closed (C.4.a and C.4.b of the 
2001 annual salmon management measures). The 17,000-chinook guideline 
includes a subarea guideline of 12,000 chinook for the area between the 
U.S.-Canada border and the Queets River. Vessels must land and deliver 
their fish within the area (U.S.-Canada Border to Cape Falcon), or in 
Oregon ports south of Cape Falcon, and within 24 hours of any closure 
of this fishery. Washington State regulations require that fishermen 
fishing within the U.S.-Canada Border to Queets River subarea and 
intending to land their catch outside of this subarea notify WDFW 
before they leave the subarea. Oregon State regulations require that 
vessels intending to land their catch in an Oregon port south of Cape 
Falcon must notify ODFW (541-867-0300 ext. 252) before leaving the area 
to report the name of the vessel, the intended port of landing, the 
estimated time of arrival, and the catch aboard. Inseason actions may 
modify harvest guidelines in later fisheries to achieve or prevent 
exceeding the overall allowable troll harvest impacts (see C.7.a of the 
2001 annual salmon management measures).
    As provided by the inseason notification procedures at 50 CFR 
660.411, actual notice to fishermen of these actions was given 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 in order to provide 
flexibility to the fishermen, NMFS has determined that good cause 
exists for this document to be issued without affording a prior 
opportunity for public comment. This document 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 Executive Order 12866.

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

    Dated: July 5, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-17365 Filed 7-10-01; 8:45 am]
BILLING CODE 3510-22-S