[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Rules and Regulations]
[Pages 49322-49323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24221]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 010502110-1110-01; I.D. 091001C]


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. The fishing period opened August 17, 2001, and 
closed at midnight on August 27, 2001, with a limit of 150 chinook per 
boat for the entire open period. The fishery was assessed on August 29, 
2001, and any further openings 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 17, 2001, through 
2359 hours l.t. August 27, 2001. Comments will be accepted through 
October 12, 2001.

ADDRESSES: Submit comments to D. Robert Lohn, Administrator, Northwest 
Region (Regional Administrator), NMFS, 7600 Sand Point Way NE., 
Seattle, WA 98115-0070; fax 206-526-6376; or Rod McInnis, Acting 
Regional Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213; 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) has determined that the commercial fishery 
from the Queets River, WA, to Cape Falcon, OR, should reopen for 11 
days, starting August 17, 2001, and closing at midnight on August 27, 
2001, with a limit of 150 chinook for this 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, 2001, but not 
before July 20, 2001, 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 2001 annual management 
measures for ocean salmon fisheries also stated that trip limits, gear 
restrictions, and guidelines would be instituted or adjusted inseason.
    The U.S.-Canada Border to Leadbetter Pt. July troll fishery closed 
on July 9, 2001, at 2359 hours l.t.(66 FR 38573, July 25, 2001). The 
commercial fishery for all salmon from Queets River, WA to Cape Falcon, 
OR therefore started July 20, 2001.
    Because of a higher than expected chinook/coho catch ratio, the 
commercial fishery from the Queets River, WA, to Cape Falcon, OR began 
July 20, 2001, under a cycle of 4 days open/3 days closed, and with a 
limit of 65 chinook per open period per boat (66 FR 45634, August 29, 
2001). The modifications to the fishing season were adopted to avoid 
closing the fishery early due to reaching the chinook quota, thus 
precluding the opportunity to catch available marked hatchery coho 
salmon.
    Evaluation of the catch rates during the first open period 
indicated that no further season modifications were necessary for the 
second 4 day opening (July 27-30, 2001).
    Because the availability of coho salmon was increasing, the next 
fishing season opening was lengthened to 10 days, reopening August 3 
and closing at midnight on August 12, 2001, with a limit of 100 chinook 
for the open period per boat (66 FR 46403, September 5, 2001).
    On August 14, 2001, after the third open period, the Regional 
Administrator consulted with representatives of the Pacific Fishery 
Management Council, Washington Department of Fish and Wildlife (WDFW), 
and Oregon Department of Fish and Wildlife (ODFW) by conference call. 
The chinook/coho catch rates and effort data indicated that the 
availability of coho was increasing in the area while the availability 
of chinook was decreasing. The WDFW and ODFW recommended, and the 
Regional Administrator concurred, that the season would reopen August 
17, 2001, for 11 days and close at midnight on August 27, 2001, with a 
limit of 150 chinook per boat for the entire open period. All other 
restrictions that apply to this fishery

[[Page 49323]]

remain in effect as announced in the 2001 annual management measures 
for ocean salmon fisheries and subsequent inseason actions. A 
conference call with all the parties involved was scheduled for August 
29, 2001, to assess the catch information and determine the structure 
for the next open period.
    The Regional Administrator has determined that the best available 
information on August 14, 2001, indicated that the catch and effort 
data, and projections, supported the commercial fishery season 
modifications recommended by WDFW and ODFW. WDFW and ODFW manage the 
fisheries in state waters of Washington and Oregon, respectively, 
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, WA to Cape Falcon, OR effective 0001 hours 
l.t., August 17, 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.
    The Assistant Administrator for Fisheries, NOAA), finds for the 
following reasons that good cause existed for this notification to be 
issued without affording a prior opportunity for public comment under 5 
U.S.C. 553(b)(3)(B), and delaying the effectiveness of this rule for 30 
days under 5 U.S.C. 553 (d)(3), because such notification and delay 
would be impracticable and contrary to the public interest. As 
previously noted, actual notice of this action was provided to 
fishermen through telephone hotline and radio notification. There was 
insufficient time for publication of a Federal Register action and to 
take comments between the time the data were provided and the time this 
action needed to be taken in order to comply with the requirements of 
the annual management measures for ocean salmon fisheries (66 FR 23185, 
May 8, 2001) and the Pacific Coast Salmon Plan. Delay in the 
effectiveness of this rule would not allow fishermen appropriately 
controlled access to the available fish at the time they were 
available.
    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: September 21, 2001.
Bruce C. Morehead
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-24221 Filed 9-26-01; 8:45 am]
BILLING CODE 3510-22-S