[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Rules and Regulations]
[Pages 20056-20057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10083]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 010502110-1110-01; I.D. 040902H]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Adjustment #1-Commercial and 
Recreational Inseason Adjustments From Cape Falcon to Humbug Mountain, 
OR

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

ACTION: Inseason adjustments; request for comments.

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SUMMARY: NMFS announces that the commercial and recreational fisheries 
for all salmon except coho, in the areas from Cape Falcon to Humbug 
Mountain, OR, opened March 20, 2002, and April 1, 2002, respectively, 
and will continue through dates to be determined in the management 
measures for year 2002 ocean salmon fisheries in the U.S. exclusive 
economic zone (EEZ). These actions are necessary to conform to the 2001 
announcement of management measures, and subsequent recommendations by 
the Pacific Fisheries Management Council, for year 2002 salmon seasons 
opening earlier than May 1, 2002, and are intended to provide access to 
the year 2002 chinook salmon optimum yield.

DATES: Effective 0001 hours local time (l.t.) March 20, 2002, for the 
commercial fishery, and 0001 hours l.t. April 1, 2002, for the 
recreational fishery, until the effective date of the year 2002 
management measures, which will be published in the Federal Register 
for the west coast salmon fisheries. Comments will be accepted through 
May 9, 2002.

ADDRESSES: Comments on these actions must be mailed to D. Robert Lohn, 
Regional Administrator, Northwest Region, NMFS, NOAA, 7600 Sand Point 
Way N.E., Bldg. 1, Seattle, WA 98115-0070; or faxed to 206-526-6376; or 
Rod

[[Page 20057]]

McInnis, Acting Regional Administrator, Southwest Region, NMFS, NOAA, 
501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4132; or faxed to 
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.

SUPPLEMENTARY INFORMATION: In the 2001 annual management measures for 
ocean salmon fisheries (66 FR 23185, May 8, 2001), NMFS announced that 
the Pacific Fishery Management Council (Council) would consider at its 
March 2002 meeting a recommendation to open commercial and recreational 
seasons for all salmon except coho prior to May 1, 2002, in areas off 
Oregon. The data to determine appropriate opening dates for the 
fisheries prior to May 1 are not available until just before the March 
Council meeting. However, the fish become available for harvest before 
the April meeting and the setting of the 2002 seasons at that meeting. 
These inseason actions opening the recreational and commercial 
fisheries were necessary to implement the opening of these seasons and 
allowing fisheries prior to May 1, 2002.
    At the March 2002 meeting, the Council made its inseason 
recommendations to open the recreational and commercial fisheries, for 
all salmon except coho, from Cape Falcon to Humbug Mountain, OR, on 
March 20, 2002, and April 1, 2002, respectively. The closing dates for 
both fisheries will be recommended during the April 2002 meeting when 
the entire 2002 management measures for the 2002 ocean salmon fisheries 
are adopted by the Council.
    The commercial fishery for all salmon except coho, from Cape Falcon 
to Humbug Mountain, OR, opened on March 20, 2002. Single-point, single-
shank barbless hooks are required. No more than four spreads are 
allowed per line. The minimum size limit is 26 inches (66.0 cm) total 
length (19.5 in (49.5 cm) head-off). Chinook not less than 26 inches 
(66.0 cm) total length (19.5 inches (49.5 cm) head-off) taken during 
open seasons south of Cape Falcon may be landed north of Cape Falcon 
only while the season is closed north of Cape Falcon. Oregon State 
regulations describe a closure at the mouth of the Tillamook Bay.
    The recreational fishery for all salmon except coho, from Cape 
Falcon to Humbug Mountain, OR, opened on April 1, 2002. The daily 
possession limit is two fish per day, with no more than six fish 
retained in 7 consecutive days. The minimum size limit is 20 inches 
(50.8 cm) total length. All gear must have no more than two single-
point, single-shank, barbless hooks. Oregon State regulations describe 
a closure at the mouth of of the Tillamook Bay.
    The Regional Administrator consulted with representatives of the 
Council, Washington Department of Fish and Wildlife, Oregon Department 
of Fish and Wildlife, and the California Department Fish and Game 
regarding these adjustments at the March 2002 Council meeting in 
Sacramento, CA. As provided by the inseason notification procedures at 
50 CFR 660.411, actual notice to fishermen of these actions was given 
prior to 0001 hours l.t., March 20, 2002, and 0001 hours l.t., April 1, 
2002, by telephone hotline number 206-526-6667 or 800-662-9825 and by 
U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHF-FM and 
2182 kHz.
    These actions do not apply to other fisheries that may be operating 
in other areas.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds that 
good cause exists for this notification to be issued without affording 
prior notice and opportunity for public comment under 5 U.S.C. 
553(b)(B), or 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 these actions was provided to fishermen through 
telephone hotline and radio notification. This action complies with the 
requirements of the annual management measures for ocean salmon 
fisheries (66 FR 23185, May 8, 2001) and the West Coast Salmon Plan. 
Prior notice and opportunity for public comment is impracticable 
because NMFS and the state agencies have insufficient time to provide 
for a proposed rule and public comment between the time the fishery 
catch and effort data are collected to determine the extent of the 
fisheries and the time the fish are available to the ocean fisheries. 
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)(1) is also hereby waived as 
the inseason actions described in this document open areas previously 
closed to fishing, and thus relieve restrictions.
    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: April 18, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-10083 Filed 4-23-02; 8:45 am]
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