[Federal Register Volume 67, Number 157 (Wednesday, August 14, 2002)]
[Rules and Regulations]
[Pages 52889-52890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20653]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020430101-2101-01; I.D. 080202E]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 7-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 reopen on July 26 and close at midnight, August 5, 
2002, with a vessel limit of 500 chinook salmon for the 11-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 
provide fishers greater access to the chinook and coho quotas. This 
action was necessary to conform to the 2002 management goals.

[[Page 52890]]


DATES: Adjustment in the area from the U.S.-Canada Border to Cape 
Falcon, OR effective 0001 hours local time (l.t.), July 26, 2002, 
through 2359 hours l.t. August 5, 2002, after which the fishery will 
remain closed until opened through an additional inseason action, which 
will be published in the Federal Register for the west coast salmon 
fisheries, or until the effective date of the year 2003 management 
measures. Comments will be accepted through August 29, 2002.

ADDRESSES: Comments on this action 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 modified the 
season for the commercial fishery in the area from the U.S.-Canada 
Border to Cape Falcon, OR to reopen on July 26 and close at midnight, 
August 5, 2002, with a vessel limit of 500 chinook salmon for the 11-
day open period. Information provided on July 25 regarding the 
available catch and effort data indicated that these management 
measures should be implemented to allow fishers 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 5,000-marked 
coho quota.
    The fishery in the area from the U.S.-Canada Border to Cape Falcon, 
OR has been modified twice by inseason action. The first inseason 
action opened the fishery as scheduled on July 1, but modified it to 
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 (67 FR 47334, July 18, 2002). The second inseason action 
reopened the area on July 12 and closed it at midnight, July 22, 2002, 
with the provision that no vessel may possess, land, or deliver more 
than 400 chinook for the entire 11-day open period (67 FR 49876, August 
1, 2002). These 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 later in the season.
    On July 25, 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 unless 
adequately controlled, potentially foreclosing opportunity of fishers 
to conduct the selective fishery for marked coho later in the season. 
As a result, the states of Washington and Oregon recommended, and the 
Regional Administrator concurred, that the commercial fishery in the 
area from the U.S.-Canada Border to Cape Falcon, OR would reopen on 
July 26 and close at midnight, August 5, 2002, with the provision that 
no vessel may possess, land, or deliver more than 500 chinook for the 
entire 11-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 north of 
Cape Falcon, 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. In addition, the parties agreed to reevaluate the 
fishery on August 8, and assess the possibility of further openings in 
the fishery.
    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 numbers 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 fishers 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 the limits to which the fishery 
must be adjusted to reduce harvest rates in the fishery must be in 
place. Moreover, 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.
    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: August 7, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-20653 Filed 8-13-02; 8:45 am]
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