[Federal Register Volume 67, Number 157 (Wednesday, August 14, 2002)]
[Rules and Regulations]
[Page 52892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20661]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 6 - Closure of the Commercial 
Fishery from Horse Mountain to Point Arena (Fort Bragg)

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

ACTION: Closure; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the commercial fishery for all salmon 
except coho in the Fort Bragg area was closed at midnight on July 23, 
2002. The Northwest Regional Administrator, NMFS (Regional 
Administrator), determined that the quota of 10,000 chinook salmon had 
been reached. This action was necessary to conform to the 2002 
management goals.

DATES: Closure in the area from Horse Mountain to Point Arena, CA 
effective 2359 hours local time (l.t.), July 23, 2002, until 0001 hours 
l.t., August 1, 2002. 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 closed the 
commercial fishery in the Fort Bragg area effective at midnight on 
Tuesday, July 23, 2002. Information provided on July 23 estimated that 
the quota of 10,000 chinook salmon had been reached. 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 Fort Bragg area would open July 20 
through the earlier of July 30 or a 10,000-chinook quota. The fishery 
would then reopen on August 1 through August 30, and again from 
September 1 through September 30.
    On July 23, 2002, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council and 
California Department Fish and Game (CDFG) by conference call. 
Information related to catch to date, the chinook catch rate, and 
effort data indicated that it was likely that the quota had been 
reached. As a result, the State of California recommended, and the 
Regional Administrator concurred, that the commercial fishery in the 
Fort Bragg area close effective at midnight on Tuesday, July 23, 2002. 
All other regulations 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 CDFG. 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 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: August 7, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-20661 Filed 8-13-02; 8:45 am]
BILLING CODE 3510-22-S