[Federal Register Volume 67, Number 138 (Thursday, July 18, 2002)]
[Rules and Regulations]
[Pages 47334-47335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18151]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020430101-2101-01; I.D. 070902D]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Adjustment 3-Adjustment of the 
Commercial Fishery from the U.S.-Canada Border to Cape Falcon, OR

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

ACTION: Adjustment; request for comments.

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SUMMARY: NMFS announces that the commercial fishery for all salmon 
except coho in the area from the U.S.-Canada Border to Cape Falcon, OR 
was modified to close at midnight, July 8,

[[Page 47335]]

2002, with a vessel trip limit of 250 chinook salmon for the 8-day open 
period. The Northwest Regional Administrator, NMFS (Regional 
Administrator), determined that available catch and effort data 
indicated that these management measures should be implemented to fully 
access the chinook and coho quotas. This action was necessary to 
conform to the 2002 management goals.

DATES: The inseason adjustment in the area from the U.S.-Canada Border 
to Cape Falcon, OR, is effective 0001 hours local time (l.t.), July 1, 
2002, through 2359 hours l.t. July 8, 2002, after which the fishery 
will remain closed until opened through an additional inseason action 
or until the effective date of the year 2003 management measures, which 
will be published in the Federal Register for the west coast salmon 
fisheries. Comments will be accepted through August 2, 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 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: The Regional Administrator modified the 
season for the commercial fishery in the area from the U.S.-Canada 
Border to Cape Falcon, OR, to open on July 1 and close at midnight, 
July 8, 2002, with a vessel trip limit of 250 chinook salmon for the 8-
day open period. Information provided to NMFS on June 26 regarding the 
available catch and effort data indicated that these management 
measures should be implemented to fully access the chinook and coho 
quotas. Modification of fishing seasons are authorized by regulations 
at 50 CFR 660.409(b)(1)(i).
    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 the U.S.-Canada Border to 
Cape Falcon, OR would open July 1 and run through the earlier of 
September 8 or a 32,500-chinook quota, except for a selective fishery 
for marked coho scheduled at the end of the season with a 5000 marked 
coho quota.
    On June 26, 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 (ODFW) by conference call. Information related to catch to 
date, the chinook catch rate, and effort data indicated that it was 
likely that the chinook quota would be reached prematurely, potentially 
foreclosing opportunity of fishers to conduct the selective fishery for 
marked coho later in the season. There was also concern about placing 
an oversupply of chinook salmon on the market in a short time period, 
thus reducing the price of salmon and economic value of the fishery. As 
a result, the states of WA and OR recommended, and the Regional 
Administrator concurred, that the commercial fishery in the area from 
the U.S.-Canada Border to Cape Falcon, OR would open on July 1 and 
close at midnight, July 8, 2002, with the provision that no vessel may 
possess, land, or deliver more than 250 chinook for the entire 8 day 
open period. All other restrictions that apply to this fishery remain 
in effect as announced in the 2002 annual management measures. The 
State of Oregon added a landing restriction for this fishery in their 
regulations requiring that fishers fishing within this area, and 
intending to land salmon south of Cape Falcon, notify the ODFW before 
they leave the area at the following phone number (541) 867-0300, Ext. 
252.
    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), 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 was impracticable because NMFS and the state 
agencies have insufficient time to provide 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 and trip limits to which the fishery must be adjusted to 
reduce the tempo of the fishery. Such prior notice and the opportunity 
for public comment is contrary to the public interest because it does 
not allow commercial fishermen appropriately controlled access to the 
available fish at the time they are available.
    Moreover, the AA finds good cause to waive the 30-day delay in 
effectiveness required under 5 U.S.C. 553(d)(3). A delay in 
effectiveness of this action would not allow commercial fishermen 
appropriately controlled access to the available fish at the time they 
are available.
    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. 02-18151 Filed 7-17-02; 8:45 am]
BILLING CODE 3510-22-S