[Federal Register Volume 67, Number 157 (Wednesday, August 14, 2002)]
[Rules and Regulations]
[Pages 52891-52892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20656]



[[Page 52891]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 5 - Adjustment of the 
Recreational 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 recreational fishery for all salmon in 
the area from the U.S.-Canada Border to Cape Falcon, OR, was modified 
to establish a chinook salmon minimum size limit of 28 inches (71.1 cm) 
total length for the area from the U.S.-Canada Border to Leadbetter 
Point, WA, and 26 inches (66.0 cm) total length for the area from 
Leadbetter Point to Cape Falcon, starting on Sunday, July 21. The 
Northwest Regional Administrator, NMFS (Regional Administrator), 
determined that available catch and effort data indicated that these 
management measures should be implemented to provide greater access to 
the chinook and coho quotas. This action was necessary to conform to 
the 2002 management goals.

DATES: Adjustment in the area from the U.S.-Canada Border to Cape 
Falcon, OR, effective 0001 hours local time (l.t.), July 21, 2002, 
through 2359 hours l.t., September 30, 2002, 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 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 recreational fishery in the area from the U.S.-Canada 
Border to Cape Falcon, OR, to establish a chinook minimum size limit of 
28 inches (71.1 cm) total length from the U.S.-Canada Border to 
Leadbetter Point, WA, and 26 inches (66.0 cm) total length from 
Leadbetter Point to Cape Falcon, starting on Sunday, July 21, 2002. 
Information provided on July 18 regarding the available catch and 
effort data indicated that these management measures should be 
implemented to provide recreational fishers extended access to the 
chinook and coho quotas. Modification of fishing seasons is 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 a minimum size limit of 24 
inches (61.0 cm) total length for chinook for the recreational fishery 
in the area from the U.S.-Canada Border to Cape Falcon, OR and its four 
sub-areas, Neah Bay, La Push, Westport, and Columbia River.
    On July 18, 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 chinook quota would be reached prematurely unless adequately 
controlled, potentially foreclosing the opportunity for fishers to 
harvest marked coho, which arrive in greater numbers later in the 
season. As a result, the States of Washington and Oregon recommended, 
and the Regional Administrator concurred, that the recreational fishery 
in the area from the U.S.-Canada Border to Cape Falcon required a 
modification of the chinook size limit to slow the catch rate for 
chinook. Effective Sunday, July 21, the minimum size limit for chinook 
for the Neah Bay, La Push, and Westport sub-areas was increased from 24 
inches (61.0 cm) to 28 inches (71.1 cm) total length, and for the 
Columbia River sub-area from 24 inches (61.0 cm) to 26 inches (66.0 cm) 
total length. All other restrictions that apply to this fishery remain 
in effect as announced in the 2002 annual management measures.
    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 opportunity for public comment 
is contrary to the public interest because it does not allow fishers 
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 fishers 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.


[[Page 52892]]


    Dated: August 7, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-20656 Filed 8-13-02; 8:45 am]
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