[Federal Register Volume 66, Number 156 (Monday, August 13, 2001)]
[Rules and Regulations]
[Pages 42453-42454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20280]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 010502110-1110-01; I.D. 070501C]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Actions for the Recreational, 
Commercial, and Tribal Salmon Seasons from the U.S.-Canada Border to 
the Oregon-California Border

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

ACTION: Inseason closure, adjustment, and two corrections to the 2001 
annual management measures for the ocean salmon fishery; request for 
comments.

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SUMMARY: NMFS announces the following inseason actions for the ocean 
salmon fishery: Closure of the commercial fishery for all salmon except 
coho in the area from the U.S.-Canada Border to Cape Falcon, OR, on 
June 15, 2001, at 2359 hours local time (l.t.), and modification of the 
weekly opening period for the commercial fishery for all salmon (except 
coho) in the area from Humbug Mountain to the Oregon-California Border, 
to be open 7 days per week effective June 15, 2001, at 0001 hours l.t. 
through June 30, 2001 at 2359 hours l.t. This document also contains 
corrections to the 2001 annual management measures for the ocean salmon 
fishery, which were published on May 8, 2001, and amended June 29, 
2001, and July 11, 2001.

DATES: Closure in the area from the U.S.-Canada Border to Cape Falcon, 
OR--effective 2359 hours l.t., June 15, 2001, until the effective date 
of the 2002 management measures, as published in the Federal Register. 
Adjustment in the area from Humbug Mountain to Oregon-California 
Border--effective 0001 hours l.t., June 15, 2001, through the earlier 
of June 30, 2001, or a 1,500-chinook quota. Correction for the 
recreational salmon fishery from Cape Alava to Queets River--effective 
May 2, 2001, until the effective date of the 2002 management measures, 
as published in the Federal Register. Correction for the all-species 
treaty troll fishery for the Quinault Tribe--effective July 1, 2001, 
until the effective date of the 2002 management measures, as published 
in the Federal Register. Comments on this action will be accepted 
through August 28, 2001.

ADDRESSES: Submit comments 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, 
Northwest Region, NMFS, NOAA.

SUPPLEMENTARY INFORMATION:

Closure From the U.S.-Canada Border to Cape Falcon, OR

    The Northwest Regional Administrator, NMFS (Regional 
Administrator), determined that the guideline of 17,000 chinook for the 
area from the U.S.-Canada Border to Cape Falcon, OR, had been reached 
and closed the fishery for all salmon except coho on June 15, 2001. 
Regulations governing the ocean salmon fisheries at 50 CFR 
660.409(a)(1) state that, when a quota 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 will, by 
notification issued under 50 CFR 660.411(a)(2), close the fishery 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 2001 annual management measures for ocean salmon fisheries 
(66 FR 23185, May 8, 2001), NMFS announced that the commercial fishery 
for all salmon except coho in the area from U.S.-Canada Border to Cape 
Falcon, OR would open May 1, 2001, through the earlier of June 30, 
2001, or a 17,000-chinook guideline.
    The Washington Department of Fish and Wildlife (WDFW) reported the 
landed catch, as of June 10, 2001, for the commercial fishery in the 
area from U.S.-Canada Border to Cape Falcon, OR, was 14,300 chinook 
salmon. The rate of landed catch was estimated to be 500 chinook per 
day. Accordingly, the WDFW projected the area to reach the 17,000-
chinook guideline on June 15, 2001, and recommended that NMFS close the 
area effective midnight on that date.

Adjustment in the Area From Humbug Mountain to the Oregon-
California Border

    Modification of fishing seasons is authorized by regulations at 50 
CFR 660.409(b)(1)(i).
    In the 2001 annual management measures for ocean salmon fisheries 
(66 FR 23185, May 8, 2001), NMFS announced that the commercial fishery 
for all salmon except coho in the area from Humbug Mountain to Oregon-
California Border would open June 3, 2001, through the earlier of June 
30, 2001, or a 1,500-chinook quota. The fishery was to follow a cycle 
of 2 days open/2 days closed, with a provision that it may be adjusted 
inseason to match management needs.
    The Oregon Department of Fish and Wildlife (ODFW) reported that, as 
of June 13, 2001, both fishing effort and landed catch had been low due 
to poor weather conditions. Better catches in the area to the north of 
the area from Humbug Mountain to Oregon-California Border resulted in 
reduced effort in the restricted fishery. Oregon reported the catch 
landed in the area to date was only 37 chinook salmon. Therefore, the

[[Page 42454]]

ODFW recommended that the weekly opening period for commercial fishing 
from Humbug Mountain to Oregon-California Border be adjusted to open 7 
days per week effective June 15, 2001, at 0001 hours l.t. through June 
30, 2001, or the 1500-chinook quota.

Corrections to the 2001 Annual Management Measures

    The 2001 annual management measures for the ocean salmon fishery 
were published in the Federal Register on May 8, 2001 (66 FR 23185), 
and amended at 66 FR 34582 (June 29, 2001, and at 66 FR 36212 (July 11, 
2001).
    NMFS announced in the 2001 annual management measures that the 
recreational fishery in the area from Cape Alava to Queets River (La 
Push Area) would open July 1 through earlier of September 23 or subarea 
sub-quota of 5,350 coho; September 24 through earlier of October 21 or 
overall subarea quota of 5,850 (500 set-aside) coho. All salmon (7 days 
per week), 2 fish per day, but only 1 chinook, and all retained coho 
must have a healed adipose fin clip. Inseason management measure C.4 
may be used to sustain season length and keep harvest within a 
guideline of 1,000 chinook for the general season and 100 chinook for 
the set-aside season. However, the late season fishery that begins 
September 24 was planned preseason as a geographically limited bubble 
fishery off the mouth of the Quillayute River and totally within 3 
miles of shore.
    The recreational management measures for the State of Washington 
included an area description for the late season bubble fishery (La 
Push Late Season). However, the limiting area restriction was 
inadvertently omitted from the 2001 annual management measures that 
currently allow for fishing throughout the Cape Alava to Queets River 
area. To rectify the inconsistency, WDFW requested that NMFS amend the 
2001 annual management measures by restricting the late season fishery 
to the Washington State La Push Late Season Area.
    The opening date for the all-species treaty troll fishery for the 
Quinault tribal fishery was announced in the 2001 management measures 
for ocean salmon fisheries as starting August 1, 2001. This was an 
error. The opening date should have been July 1, the same as for the 
other coastal treaty tribes, and as indicated in Preseason 
Report III Analysis of Council-Adopted Management Measures for 2001 
Ocean Salmon Fisheries. Therefore, the Quinault Tribe 
requested that NMFS correct the 2001 annual management measures with a 
July 1 opening date for the all-species treaty troll fishery.

Corrections

    In the rule FR Doc. 01-11444, in the issue of May 8, 2001 (66 FR 
23185), the following corrections are made:
    1. On page 23191, in the first column, the first full paragraph is 
corrected to read as follows:

Cape Alava to Queets River (La Push Area)

    July 1 through earlier of September 23 or subarea sub-quota of 
5,350 coho; September 24 through earlier of October 21 or overall 
subarea quota of 5,850 (500 set-aside) coho (La Push Late Season). The 
La Push Late Season Area is limited to an area defined by a line from 
Teahwhit Head northwesterly to ``Q'' buoy to Cake Rock then true east 
to the shoreline. All salmon (7 days per week), 2 fish per day, but 
only 1 chinook, and all retained coho must have a healed adipose fin 
clip. Inseason management (C.4) may be used to sustain season length 
and keep harvest within a guideline of 1,000 chinook for the general 
season and 100 chinook for the set-aside season.
    2. On page 23193, the second column in the table, in the last line, 
the description of the Open Seasons for the Quinault Tribe is corrected 
to read as follows: ''July 1 through earliest of September 15 or 
chinook or coho quota.''
    The Regional Administrator consulted with representatives of the 
Council, WDFW, ODFW, and the California Department of Fish and Game 
regarding the two above-described inseason actions and two corrections 
at the June 2001 Council meeting in California. The best available 
information on June 13, 2001, indicated that the catch and effort data 
and catch projections supported the commercial fishery closure and the 
season modification. The two corrections were made with concurrence of 
the Council and the affected State and tribe. The states will manage 
the fisheries in state waters adjacent to the areas of the exclusive 
economic zone in accordance with these Federal actions. As provided by 
the inseason notice procedures of 50 CFR 660.411, actual notice to 
fishermen of the closure in the area from U.S.-Canada Border to Cape 
Falcon, Oregon, effective 2359 hours l.t., June 15, 2001, and the 
adjustment in the area from Humbug Mountain to Oregon-California Border 
effective 0001 hours l.t., June 15, 2001, were given prior to the 
effective dates 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. The Quinault Tribe was notified of the 
correction to the all-species treaty troll fishery by letter prior to 
July 1, 2001.
    Because of the need for immediate action to stop the fishery upon 
achievement of the quota for the area from the U.S.-Canada Border to 
Cape Falcon, OR, and for the modification of the weekly opening period 
for the area from Humbug Mountain to the Oregon-California Border, NMFS 
has determined that good cause exists for this notification to be 
issued without affording a prior opportunity for public comment because 
such notification would be unnecessary, impracticable, and contrary to 
the public interest. Moreover, because of the immediate need to stop 
the fishery upon achievement of the quota and modify the weekly opening 
period, the Assistant Administrator for Fisheries, NOAA (AA), finds, 
for good cause, under 5 U.S.C. 553(d)(3), that delaying the 
effectiveness of this rule for 30 days is impracticable and contrary to 
public interest. These actions do not apply to other fisheries that may 
be operating in other areas.
    Furthermore, because of the need to ensure that harvest 
specifications are accurate, NMFS has determined that good cause exists 
for this notification to be issued without affording a prior 
opportunity for public comment because such notification would be 
unnecessary, impracticable, and contrary to the public interest. 
Moreover, because of the immediate need to correct errors, the AA 
finds, for good cause, under 5 U.S.C. 553(d)(3), that delaying the 
effectiveness of this rule for 30 days is impracticable and contrary to 
public interest. These actions do not apply to other fisheries that may 
be operating in other areas.

Classification

    These actions are authorized by 50 CFR 660.409 and 660.411 and are 
exempt from review under Executive Order 12866.

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

    Dated: August 7, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-20280 Filed 8-10-01; 8:45 am]
BILLING CODE 3510-22-S