[Federal Register Volume 66, Number 175 (Monday, September 10, 2001)]
[Rules and Regulations]
[Pages 46966-46967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22640]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 010502110-1110-01; I.D. 082301B]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Adjustment for the Commercial Salmon 
Season from Humbug Mt., OR, to the OR-CA Border

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 limited retention 
regulation for the commercial fishery from Humbug Mt., OR, to the OR-CA 
border, suspending the possession and landing limit of 30 fish per day 
until further notice. This action was effective at 0001 hours local 
time (l.t.) on August 9, 2001. The fishery continues through the 
earlier of August 31 or a 3,000-chinook quota, however further inseason 
adjustments will be instituted if needed. This action is necessary to 
conform to the 2001 annual management measures for ocean salmon 
fisheries.

DATES: Effective 0001 hours l.t., August 9, 2001, through the earlier 
of August 31 or a 3,000-chinook quota. Comments will be accepted 
through September 25, 2001.

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, 
Northwest Region, NMFS, NOAA.

SUPPLEMENTARY INFORMATION: The Northwest Regional Administrator, NMFS 
(Regional Administrator), modified the limited retention regulation for 
the commercial fishery from Humbug Mt. to the OR-CA border, by 
suspending the possession and landing limit of 30 fish per day until 
further notice, effective at 0001 l.t. on August 9, 2001. The Regional 
Administrator determined that the modification was justified to provide 
greater opportunity to reach the 3000-chinook quota. 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 except coho from Humbug Mt. to the OR-CA border would 
open August 1 through the earlier of August 31 or a 3,000-chinook 
quota. The annual management measures included a possession and landing 
limit of 30 fish per day, and required that fishermen land and deliver 
all salmon to Gold Beach, Port Orford, or Brookings within 24 hours of 
closure.
    The Regional Administrator consulted with representatives of the 
Pacific Fishery Management Council (Council) and Oregon Department of 
Fish and Wildlife (ODFW) regarding the above-described inseason action 
by conference call on August 8, 2001. ODFW reported that the chinook 
catch rate and effort were lower than projected preseason, and that 
only 100 chinook had been landed as of August 7. Therefore, ODFW 
recommended that the season be modified by suspending the possession 
and landing limit of 30 fish per day until further notice, effective at 
0001 on August 9, 2001. ODFW reasoned that suspending the possession 
and landing limit provided greater opportunity to search for fish in 
outlying areas, thus increasing the potential for improving catch rates 
beyond those observed to date. All other restrictions that apply to 
this fishery remain in effect, as announced in the 2001 annual 
management measures for ocean salmon fisheries and subsequent inseason 
actions. This includes the requirement that all salmon be landed and 
delivered to Gold Beach, Port Orford, or Brookings.
    The Regional Administrator consulted with representatives of the 
Council and ODFW regarding the above-described inseason action by 
conference call on August 8, 2001. The best available information 
regarding catch and effort to date, as well as projected catch and 
effort, supported modifying the commercial fishery to provide greater 
opportunity to catch harvestable fish within the limit of the 3000-
chinook quota. The state will manage the fisheries in state waters 
adjacent to the areas of the exclusive economic zone in accordance with 
this Federal action. As provided by the inseason notice procedures of 
50 CFR 660.411, actual notice to fishermen of the adjustment in the 
area from Humbug Mt. to the OR-CA border, effective 0001 hours l.t., 
August 9, 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 modification for 
the area from Humbug Mt. to the OR-CA border to allow harvest of the 
available chinook quota, 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 
impracticable and contrary to the public interest. Since this action 
eliminates the possession and landing limit of 30 fish per day, it 
relieves a restriction, and under 5 U.S.C. 553 (d)(1) it is not subject 
to a delay in the effective date.
    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.


[[Page 46967]]


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

    Dated: September 4, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-22640 Filed 9-7-01; 8:45 am]
BILLING CODE 3510-22-S