[Federal Register Volume 66, Number 168 (Wednesday, August 29, 2001)]
[Rules and Regulations]
[Pages 45634-45635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21858]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 010502110-1110-01; I.D. 081601B]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Closure and Inseason Adjustments for the 
Recreational and Commercial Salmon Seasons from Queets River, WA, to 
Humbug Mountain, OR

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

ACTION: Inseason closure, and adjustments 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 fisheries: Closure of the recreational selective fishery for 
marked hatchery coho in the area from Cape Falcon, OR, to Humbug 
Mountain, OR, on July 19, 2001, at 2359 hours local time (l.t.); 
reopening of the recreational fishery for all salmon except coho on 
July 20, 2001; and modification of the weekly opening period and 
addition of a limited retention regulation for the commercial fishery 
from the Queets River, WA, to Cape Falcon, OR, to follow a cycle of 4 
days open/3 days closed, and a limit of 65 chinook per open period per 
boat. These actions are necessary to conform to the 2001 annual 
management measures for ocean salmon fisheries.

DATES: Closure in the area from Cape Falcon, OR, to Humbug Mountain, 
OR--effective 2359 hours l.t., July 19, 2001. Reopening in the area 
from Cape Falcon, OR, to Humbug Mountain, OR--effective 0001 hours 
l.t., July 20, 2001. Adjustments in the area from Queets River, WA, to 
Cape Falcon, OR-- effective 0001 hours l.t., July 20, 2001. All of the 
above inseason actions will remain effective until the effective date 
of the 2002 management measures, as published in the Federal Register, 
or until further inseason actions are announced in the Federal 
Register. Comments will be accepted through September 13, 2001.

ADDRESSES: Submit written 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 Cape Falcon to Humbug Mountain, OR

    The Northwest Regional Administrator, NMFS (Regional 
Administrator), determined that the recreational quota of 55,000 marked 
coho salmon for the area from Cape Falcon to Humbug Mountain had been 
reached, and closed the fishery for all salmon at midnight on July 19, 
2001. Regulations governing the ocean salmon fisheries at 50 CFR 
660.409 (a)(1) state

[[Page 45635]]

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 recreational 
selective fishery for marked hatchery coho in the area between Cape 
Falcon to Humbug Mountain, OR, would open on June 22 through the 
earlier of July 31 or the attainment of a 55,000-marked coho quota; it 
was also announced that the recreational season for all salmon except 
coho would reopen the earlier of August 1 or the attainment of the coho 
quota.
    The Oregon Department of Fish and Wildlife (ODFW) reported the 
landed catch, as of July 18, 2001, was 42,179 marked coho salmon (77 
percent of the quota). ODFW considered information related to angler 
effort and catch rate, and estimated that the remainder of the quota 
would be taken by July 19, 2001. Therefore, ODFW recommended that NMFS 
close the area, effective midnight on July 19, 2001. This would allow 
the recreational fishery for all salmon except coho to reopen July 20, 
2001.

Adjustments in the Area From Queets River to Cape Falcon

    Based on information received from the Washington Department of 
Fish and Wildlife (WDFW) and ODFW, the Regional Administrator 
determined that modification of the weekly opening period for the 
commercial salmon fishery from the Queets River, WA, to Cape Falcon, 
OR, was justified to slow the chinook catch rates, to better monitor 
the fishery, and to avoid an early closure that would limit access to 
the coho quota. The weekly opening period was modified to implement a 
cycle of 4 days open/3 days closed and a limited retention regulation 
of 65 chinook per open period per boat. Modification of fishing seasons 
is authorized by regulations at 50 CFR 660.409 (b)(1)(i). Modification 
of the species that may be caught and landed during specific seasons, 
and the establishment or modification of limited retention regulations, 
is authorized by regulations at 50 CFR 660.409 (b)(1)(ii).
    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 in the area from the Queets River, WA, to Cape Falcon, 
OR, would open the earlier of the day following closure of the U.S.-
Canada Border to Leadbetter Pt. July troll fishery or July 28, but not 
before July 20, through the earliest of September 30 or the overall 
chinook quota (preseason 6,000-chinook guideline) or a 63,000-marked 
coho guideline. The fishery was scheduled to run continuously until 75 
percent of either guideline was caught, then it would revert to a cycle 
of 4 days open/3 days closed. The annual measures also indicated that 
trip limits, gear restrictions, and guidelines may be instituted or 
adjusted inseason.
    The U.S.-Canada Border to Leadbetter Pt. July troll fishery was 
closed in an inseason action on July 9, 2001, at 2359 hours l.t. (66 FR 
38573, July 25, 2001). Therefore, the commercial fishery for all salmon 
from Queets River to Cape Falcon opened July 20, 2001.
    The WDFW and ODFW reported, during a conference call on July 18, 
2001, that the catch rate of chinook relative to coho was higher than 
anticipated based on observations from ongoing fisheries. The states 
were concerned that the chinook quota for the commercial fishery from 
Queets River to Cape Falcon was likely to be reached early, leaving a 
major portion of the coho quota unharvested. The states recommended 
that the fishery follow a cycle of 4 days open/3 days closed, and that 
a limit of 65 chinook per open period per boat be implemented effective 
July 20, 2001, to control and better assess the progress of the fishery 
and allow for further adjustments if necessary.
    The Regional Administrator consulted with representatives of the 
Pacific Fishery Management Council, WDFW, and ODFW regarding the above 
inseason actions by conference call. The best available information on 
July 18, 2001, indicated that the catch/effort data and projections 
supported the recreational selective fishery closure and the commercial 
fishery season modifications. 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 Cape Falcon to Humbug Mountain, OR, effective 
2359 hours l.t., July 19, 2001, and the adjustments in the area from 
Queets River to Cape Falcon effective 0001 hours l.t., July 20, 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.
    Because of the need for immediate action to stop the fishery upon 
achievement of the quota for the area from Cape Falcon to Humbug 
Mountain, OR, and for the season modifications for the area from Queets 
River to Cape Falcon, 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 a fishery upon achievement of a quota and 
modify a season because of estimates of effort and catch, the Assistant 
Administrator for Fisheries, NOAA, 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 23, 2001.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-21858 Filed 8-28-01; 8:45 am]
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