[Federal Register Volume 66, Number 198 (Friday, October 12, 2001)]
[Rules and Regulations]
[Pages 52062-52064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25722]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 010502110-1110-01; I.D. 092601B]


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

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

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

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SUMMARY: NMFS announces inseason actions for the ocean salmon fishery. 
A total of 20,000 marked coho were transferred from the overall marked 
coho quota for the commercial fishery area from Queets River, WA to 
Cape Falcon, OR to the overall coho quota for the recreational fishery 
area from Leadbetter Pt., WA to Cape Falcon, OR (Columbia River Area), 
effective August 22, 2001. The recreational fishery area from Queets 
River to Leadbetter Pt., WA opened 7 days per week effective Friday, 
September 7, 2001. Open periods and limited retention regulations for 
the commercial fishery from Queets River, WA to Cape Falcon, OR were 
modified and the fishery reopened Friday, August 31 to continue through 
the earliest of September 30 or the attainment of the overall chinook 
quota of 7,600 chinook or a 53,700 overall marked coho quota. The sub-
areas opened for recreational salmon fishing in the Columbia River Area 
were modified to include the sub-area from Leadbetter Pt., WA to 
Klipsan Beach, WA (46 deg.28'12" N. lat.) effective Friday, September 
7, 2001. These actions are necessary to conform to the 2001 annual 
management measures.

DATES: The transfer of marked coho to the Columbia River Area 
recreational fishery was effective 1600 hours local time (l.t.) August 
22, 2001, until 2400 hours l.t. September 30, 2001, or the attainment 
of the overall coho quota. The inseason adjustment from Queets River to 
Leadbetter Pt., WA was effective 0001 hours l.t., September 7, 2001, 
until 2400 hours l.t. September 30, 2001, or the attainment of the 
marked coho subarea quota. The inseason adjustment from Queets River, 
WA to Cape Falcon, OR was effective 0001 hours l.t. August 31, 2001, 
until 2400 hours l.t. September 30, 2001, or the attainment of the 
overall chinook quota or the overall marked coho quota. The inseason 
adjustment for the Columbia River Area recreational fishery was 
effective 0001 hours l.t. September 7, 2001, until 2400 hours l.t. 
September 30, 2001, or the attainment of the overall subarea quota of 
coho. Comments will be accepted through October 29, 2001.

ADDRESSES: Comments on this action may be mailed to D. Robert Lohn, 
Regional Administrator, Northwest Region, NMFS, NOAA, 7600 Sand Point 
Way N.E., Bldg. 1, Seattle, WA 98115-0070; fax 206-526-6376; or Rod 
McInnis, Acting 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:

Transfer of Marked Coho to the Columbia River Area Recreational 
Fishery

    On August 22, 2001, the Northwest Regional Administrator, NMFS 
(Regional Administrator), transferred 20,000 coho from the overall 
marked coho quota for the commercial fishery area from Queets River, WA 
to Cape Falcon, OR to the marked coho sub-quota in the recreational 
fishery subarea from Leadbetter Pt., WA to Cape Falcon, OR (Columbia 
River Area), hence making the overall sub-quota 122,500 coho. 
Modification of quotas 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 recreational 
fishery from Leadbetter Pt., WA to Cape Falcon, OR would open July 1 
through the earlier of September 3, or the attainment of the subarea 
sub-quota of 102,500 coho. NMFS also announced an opening for the 
commercial fishery for Queets River, WA to Cape Falcon, OR that would 
extend through the earliest of September 30, or the attainment of the 
overall chinook quota or a 63,000 marked coho guideline.

[[Page 52063]]

    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) by conference call on August 22, 2001. The chinook/coho catch 
rates and effort data indicated that the availability of marked coho 
was increasing in the area while the availability of chinook was 
decreasing. In addition, the marked coho subarea sub-quota of 102,500 
marked coho in the recreational fishery was projected to be reached 
before the Labor Day weekend. The WDFW and ODFW therefore recommended, 
and the Regional Administrator concurred, that 20,000 marked coho be 
transferred from the overall marked coho quota for the commercial 
fishery to the marked coho sub-quota for the recreational fishery. This 
transfer provided the necessary buffer to allow the recreational 
fishery to continue without closing the area or modifying the season 
structure. The commercial fishery was unaffected by the transfer 
because information related to catch to date, the chinook and coho 
catch rates, and effort data indicated that it would be unable to catch 
its full quota. All other restrictions that apply to this fishery 
remain in effect as announced in the 2001 annual management measures 
and subsequent inseason actions.

Inseason Adjustment From Queets River to Leadbetter Pt., WA

    The Regional Administrator modified the open period for the 
recreational fishery from Queets River to Leadbetter Pt., WA to be open 
7 days per week effective Friday, September 7, 2001. Modification of 
recreational fishing days per calendar week is authorized by 
regulations at 50 CFR 660.409 (b)(1)(iii).
    In the 2001 annual management measures for ocean salmon fisheries 
(66 FR 23185, May 8, 2001), NMFS announced that the recreational 
fishery from Queets River to Leadbetter Pt., WA would open July 1 
through the earlier of September 30 or the attainment of the 83,250 
coho subarea quota, with the weekly open period running Sunday through 
Thursday.
    The annual management measures included weekly closures on Fridays 
and Saturdays with the intention of providing harvest opportunity as 
long as possible into the month of September. On August 27, 2001, the 
Regional Administrator consulted with representatives of the Council, 
WDFW, and ODFW by conference call. Information related to catch to 
date, the chinook and coho catch rates, and effort data indicated that 
it was unlikely that either quota would be reached prior to the 
September 30 closing date. As a result, the WDFW and ODFW recommended, 
and the Regional Administrator concurred, that the open period be 
modified for the recreational fishery from Queets River to Leadbetter 
Pt., WA to open 7 days per week, effective Friday, September 7, 2001. 
All other restrictions that apply to this fishery remain in effect as 
announced in the 2001 annual management measures and subsequent 
inseason actions.

Inseason Adjustment From Queets River, WA to Cape Falcon, OR

    The Regional Administrator modified the open period and limited 
retention regulations for the commercial fishery from Queets River, WA 
to Cape Falcon, OR. The fishery reopened Friday, August 31 and will 
continue through the earliest of September 30 or the attainment of the 
overall chinook quota of 7,600 chinook or the 53,700 overall marked 
coho quota, with the limited retention regulations suspended until 
further notice. The preseason guidelines for the fishery of 6,000 
chinook and 63,000 marked coho were modified by earlier inseason 
transfers and/or allocation adjustments (see following text). 
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, WA to Cape Falcon, OR 
would open the earlier of the day following closure of the U.S.-Canada 
Border to Leadbetter Pt. WA. July troll fishery or July 28, but not 
before July 20, through the earliest of September 30 or the attainment 
of 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. NMFS would then 
institute or adjust inseason trip limits, gear restrictions, and 
guidelines.
    The U.S.-Canada Border to Leadbetter Pt., WA July troll fishery 
closed 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, WA 
to Cape Falcon, OR started July 20, 2001.
    Because of a higher than expected chinook/coho catch ratio, the 
commercial fishery from Queets River, WA to Cape Falcon, OR began July 
20 under a cycle of 4 days open/3 days closed, and a limit of 65 
chinook per open period per boat (66 FR 45634, August 29, 2001). The 
modifications to the season were adopted to avoid closing the fishery 
early due to premature achievement of 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).
    Because the availability of coho salmon was increasing, the next 
opening was lengthened to 10 days, reopening August 3 and closing at 
midnight on August 12, with a limit of 100 chinook for the open period 
per boat (66 FR 46403, September 5, 2001).
    The Regional Administrator reopened the commercial fishery from 
Queets River, WA to Cape Falcon, OR for 11 days, starting August 17 and 
closing at midnight on August 27, with a limit of 150 chinook for this 
open period per boat (66 FR 49322, September 27, 2001). 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.
    On August 29, after the fourth open period, the Regional 
Administrator consulted with representatives of the Council, WDFW, and 
ODFW by conference call. Information related to catch to date, the 
chinook and coho catch rates, and effort data indicated that it was 
unlikely that either quota would be reached prior to the September 30 
closing date. The WDFW and ODFW recommended, and the Regional 
Administrator concurred, that the season reopen Friday, August 31 and 
continue through the earliest of September 30 or the attainment of the 
overall chinook quota of 7,600 chinook or the 53,700 marked coho quota. 
All other restrictions that apply to this fishery remain in effect as 
announced in the 2001 annual management measures and subsequent 
inseason actions.

Inseason Adjustment for the Columbia River Area Recreational 
Fishery

    The Regional Administrator modified the sub-areas opened for the 
recreational salmon fishing area from Leadbetter Pt., WA to Cape 
Falcon, OR (Columbia River Area) to include the sub-area from 
Leadbetter Pt. to Klipsan Beach, WA (46 deg.28'12" N. lat.) effective 
Friday,

[[Page 52064]]

September 7, 2001. Modification of boundaries and establishment of 
closed areas are authorized by regulations at 50 CFR 660.409 (b)(1)(v).
    In the 2001 annual management measures for ocean salmon fisheries 
(66 FR 23185, May 8, 2001), NMFS announced that the recreational 
fishery for the Columbia River Area would open September 4 through the 
earlier of September 30 or the attainment of the overall subarea quota 
of 112,500 coho (10,000 set-aside), with only the area from Tillamook 
Head, OR to the North Head Lighthouse, WA (46 deg.18'00" N. Lat.) open 
to fishing (Note: The first inseason action described in this document 
that transferred 20,000 marked coho to the Columbia River Area 
effectively makes the overall subarea quota 132,500 marked coho).
    The primary purpose of only having the area off the mouth of the 
Columbia River open, with the areas to the north and south closed 
during this late season, was to limit impacts to Oregon coastal natural 
coho and target hatchery coho that usually stage in this location 
before migrating to their hatchery of origin in the lower Columbia 
River. In addition, the states planned on evaluating their assumptions 
about stock composition in the area by sampling the catch. During 
preseason planning, the area to the north of the North Head Lighthouse, 
WA was closed to minimize complications related to the catch sampling 
program.
    On September 5, the Regional Administrator consulted with 
representatives of the Council, WDFW, and ODFW by conference call. The 
WDFW indicated that opening the additional area at the northern end of 
the Columbia River Area would not interfere with data collection 
efforts and, given the expected catch rates, would not likely increase 
catches to the degree that quotas for chinook and coho would be met 
early. The WDFW recommended, and the Regional Administrator concurred, 
that the area from Leadbetter Pt., WA to Klipsan Beach, WA 
(46 deg.28'12" N. lat.) be added to the areas open to fishing, and that 
it be effective Friday, September 7, 2001.
    The Regional Administrator determined that the best available 
information indicated that the catch and effort data, and catch and 
effort projections, supported the above inseason actions recommended by 
the states. The states 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 fishers of the above described actions 
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.

Classification

    The Assistant Administrator for Fisheries, NOAA, finds that good 
cause exists for issuing this notification without affording a prior 
opportunity for public comment under 5 U.S.C. 553 (b)(3)(B). Such 
notification is impracticable and contrary to the public interest. As 
previously noted, actual notice of these actions was provided to 
fishermen through telephone hotline and radio notification. Notice and 
the opportunity for public comment is impracticable because NMFS, in 
concert with the state agencies, needs to take immediate action after 
collecting the fishery catch and effort data in order to comply with 
the requirements of the annual management measures for ocean salmon 
fisheries (66 FR 23185, May 8, 2001) and the West Coast Salmon Plan. 
Moreover, such prior notice and the opportunity for public comment is 
contrary to the public interest because it does not allow commercial 
and recreational fishermen appropriately controlled access to the 
available fish at the time they are available. The 30-day delay in 
effectiveness required under U.S.C. 553(d)is also hereby waived as the 
inseason actions described in this document either increase quotas or 
fishing times, or open areas previously closed to fishing, and thus 
relieve restrictions.
    These actions do not apply to other fisheries that may be operating 
in other areas.
    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: October 9, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-25722 Filed 10-11-01; 8:45 am]
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