[Federal Register Volume 66, Number 172 (Wednesday, September 5, 2001)]
[Rules and Regulations]
[Pages 46403-46404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22277]



[[Page 46403]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Adjustment for the Commercial Salmon 
Season from Queets River, WA, to Cape Falcon, OR

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

ACTION: Inseason adjustment to the 2001 annual management measures for 
the ocean salmon fishery; request for comments.

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SUMMARY: NMFS announces a modification of the open periods and limited 
retention regulation for the commercial fishery from the Queets River, 
WA, to Cape Falcon, OR. The fishing period opened August 3, 2001, and 
closed at midnight on August 12, 2001, with a limit of 100 chinook per 
boat for this open period. The fishery was assessed on August 14, 2001, 
and any further openings will be announced as needed. This action is 
necessary to conform to the 2001 annual management measures for ocean 
salmon fisheries.

DATES: Adjustment in the area from Queets River, WA, to Cape Falcon, OR 
-- effective 0001 hours local time (l.t.), August 3, 2001, until August 
12, 2001. Comments will be accepted through September 20, 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: The Northwest Regional Administrator, NMFS 
(Regional Administrator), determined that the modification of the open 
periods and limited retention regulation for the commercial fishery 
from the Queets River, WA, to Cape Falcon, OR, was justified, given the 
relative catch rate of chinook and coho. The open period for the 
fishery was modified to open for 10 days, starting August 3, 2001, and 
closed at midnight on August 12, 2001, with a limited retention 
regulation of 100 chinook per boat for this open period. 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 Queets River to Cape Falcon 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; it would then 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 on July 20, 2001.
    NMFS announced a modification of the weekly opening period and the 
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 effective 0001 hours l.t., July 20, 2001 (66 FR 45634, August 29, 
2001). The Regional Administrator consulted with representatives of the 
Pacific Fishery Management Council (Council), Washington Department of 
Fish and Wildlife (WDFW), and Oregon Department of Fish and Wildlife 
(ODFW) regarding the inseason action by conference call on July 18, 
2001. The states indicated that there was a higher than projected 
chinook/coho catch ratio. The modifications to the season were adopted 
to avoid closing the fishery early because of the chinook quota, thus 
precluding the opportunity to catch available marked hatchery coho 
salmon.
    There was a subsequent conference call on July 26, 2001, following 
the first open period, to assess the status of the fishery. The 
chinook/coho catch rates and effort data in the first open period 
indicated that no further season modifications were necessary for the 
second 4-day opening (July 27-30, 2001).
    After the second open period, the Regional Administrator again 
consulted with representatives of the Council, WDFW, and ODFW by 
conference call on August 1, 2001, regarding the fishery. The chinook/
coho catch rates and effort data indicated that the availability of 
coho was increasing in the area. The states recommended that the season 
be modified to open for 10 days, reopening August 3, 2001, and closing 
at midnight on August 12, 2001, with a limit of 100 chinook per boat 
for the open period. All other restrictions that apply to this fishery, 
as announced in the 2001 annual management measures for ocean salmon 
fisheries and subsequent inseason actions, remain in effect.
    The Regional Administrator consulted with representatives of the 
Council, WDFW, and ODFW regarding the inseason action by conference 
call. The best available information on August 1, 2001, indicated that 
the catch/effort data and projections supported 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 
adjustments in the area from Queets River to Cape Falcon effective 0001 
hours l.t., August 3, 2001, was given prior to the effective date 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 for the season 
modifications for the area from Queets River to Cape Falcon, NMFS has 
determined that good cause existed 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 modify a 
season because of estimates of effort and catch, the

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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.
    This action 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: August 23, 2001.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-22277 Filed 9-4-01; 8:45 am]
BILLING CODE 3510-22-S