[Federal Register Volume 67, Number 176 (Wednesday, September 11, 2002)]
[Rules and Regulations]
[Pages 57534-57535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23096]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020430101-2101-01; I.D. 082802B]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action No. 9--Closure and Reopening of 
the Recreational Fishery From Cape Falcon to Humbug Mountain, OR

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

ACTION: Closure; request for comments.

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

SUMMARY: NMFS announces that the recreational selective fishery for 
marked hatchery coho salmon in the area from Cape Falcon, OR to Humbug 
Mountain, OR was closed at midnight on August 1, 2002. The Northwest 
Regional Administrator, NMFS (Regional Administrator), determined that 
the quota of 22,500 marked hatchery coho had been reached. The 
recreational fishery for all salmon except coho then reopened on August 
2, 2002, for the area from Cape Falcon, OR to Humbug Mountain, OR as 
scheduled in the 2002 annual management measures. This action was 
necessary to conform to the 2002 management goals.

DATES: Closure of the selective fishery for marked hatchery coho in the 
area from Cape Falcon, OR to Humbug Mountain, OR effective 2359 hours 
local time (l.t.), August 1, 2002; Reopening the recreational fishery 
for all salmon except coho in the area from Cape Falcon, OR to Humbug 
Mountain, OR effective 0001 hours l.t., August 2, 2002. Comments will 
be accepted through September 26, 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 NE., 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 
recreational selective fishery for marked hatchery coho in the area 
from Cape Falcon, OR to Humbug Mountain, OR effective at midnight on 
Thursday, August 1, 2002. Information provided on July 29, 2002, 
estimated that the quota of 22,500-marked coho salmon would be reached 
by August 1, 2002. Automatic season closures based on quotas are 
authorized by regulations at 50 CFR 660.409(a)(1). The recreational 
fishery for all salmon except coho reopened on August 2, 2002, as 
scheduled in the 2002 annual management measures.
    In the 2002 annual management measures for ocean salmon fisheries 
(67 FR 30616, May 7, 2002), NMFS announced that the recreational 
selective fishery for marked hatchery coho in the area from Cape 
Falcon, OR to Humbug Mountain, OR would open on July 7, 2002, through 
the earlier of August 4, 2002, or the attainment of a 22,500-marked 
coho quota, and the all salmon except coho season would then reopen the 
earlier of August 5, 2002, or the attainment of the marked coho quota.
    On July 29, 2002, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council and Oregon 
Department of Fish and Wildlife (ODFW) by conference call. Information 
related to catch to date, the coho catch rate, and effort data 
indicated that it was likely that the quota would be reached by August 
1, 2002. As a result, the State

[[Page 57535]]

of Oregon recommended, and the Regional Administrator concurred, that 
the recreational selective fishery for marked hatchery coho in the area 
from Cape Falcon, OR to Humbug Mountain, OR close effective at midnight 
on Thursday, August 1, 2002, with the all salmon except coho fishery 
reopening on August 2, 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 ODFW. 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 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: September 5, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-23096 Filed 9-10-02; 8:45 am]
BILLING CODE 3510-22-S