[Federal Register Volume 67, Number 138 (Thursday, July 18, 2002)]
[Rules and Regulations]
[Page 47334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18150]



[[Page 47334]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020430101-2101-01; I.D. 070202C]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Adjustment 2-Closure of the Commercial 
Fishery from U.S.-Canada Border to Cape Falcon, OR

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

ACTION: Closure; request for comments.

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SUMMARY: NMFS announces that the commercial fishery for all salmon 
except coho in the area from U.S.-Canada Border to Cape Falcon, OR was 
closed on June 7, 2002, at 2359 hours local time (l.t.). The Northwest 
Regional Administrator, NMFS (Regional Administrator), determined that 
the quota of 50,000 chinook salmon had been reached. This action was 
necessary to conform to the 2002 management goals.

DATES: Closure in the area from U.S.-Canada Border to Cape Falcon, OR, 
effective 2359 hours local time (l.t.), June 7, 2002, until 0001 hours 
l.t., July 1, 2002. Comments will be accepted through August 2, 2002.

ADDRESSES: Comments on these actions must be mailed or faxed to D. 
Robert Lohn, Regional Administrator, Northwest Region, NMFS, NOAA, 7600 
Sand Point Way N.E., Bldg. 1, Seattle, WA 98115-0070, facsimile 206-
526-6376; or
    Rod McInnis, Acting Regional Administrator, Southwest Region, NMFS, 
NOAA, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4132, 
facsimile 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: The Regional Administrator closed the 
commercial fishery in the area from U.S.-Canada Border to Cape Falcon, 
OR, effective Friday, June 7, 2002, at 2359 hours l.t. Information 
provided on June 5 estimated that the quota of 50,000 chinook salmon 
would be reached by June 7. Automatic season closures based on quotas 
are authorized by regulations at 50 CFR 660.409(a)(1).
    In the 2002 annual management measures for ocean salmon fisheries 
(67 FR 30616, May 7, 2002), NMFS announced that the commercial fishery 
for all salmon except coho in the area from U.S.-Canada Border to Cape 
Falcon, OR would open May 1 and run through the earlier of June 30 or a 
50,000-chinook quota.
    On June 5, 2002, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council, Washington 
Department of Fish and Wildlife, and Oregon Department of Fish and 
Wildlife by conference call. Information related to catch to date, the 
chinook catch rate, and effort data indicated that it was likely that 
the quota would be reached by June 7. As a result, the States of Oregon 
and Washington recommended, and the Regional Administrator concurred, 
that the commercial fishery in the area from U.S.-Canada Border to Cape 
Falcon, OR close effective at midnight on Friday, June 7, 2002. All 
other restrictions that apply to this fishery remain in effect as 
announced in the 2002 annual management measures and subsequent 
inseason actions.
    The Regional Administrator determined that the best available 
information indicated that the catch and effort data, and projections, 
supported the above inseason action recommended by the states. The 
states manage the fisheries in state waters adjacent to the areas of 
the U.S. exclusive economic zone in accordance with this Federal 
action. As provided by the inseason notice procedures of 50 CFR 
660.411, actual notice to fishers of the above described action 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.
    This action does 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 this action 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 (67 FR 30616, May 7, 2002) 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 allow for 
prior notice and the opportunity for public comment between the time 
the fishery catch and effort data are collected to determine the extent 
of the fisheries, and the time the fishery closure must be implemented 
to avoid exceeding the quota. Moreover, such prior notice and the 
opportunity for public comment is contrary to the public interest 
because not closing the fishery upon attainment of the quota would 
allow the quota to be exceeded, resulting in fewer spawning fish and 
reduced yield of the stocks. The 30-day delay in effectiveness required 
under U.S.C. 553(d)(3) is also hereby waived due to the immediate need 
to stop a fishery upon attainment of a quota.
    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: July 12, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-18150 Filed 7-17-02; 8:45 am]
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