[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Rules and Regulations]
[Pages 60599-60601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24371]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 10 - 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: Adjustments; request for comments.

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

SUMMARY: NMFS announces that the commercial fishery in the area from 
the U.S.-Canada Border to Cape Falcon, OR was modified to reopen on 
August 9, 2002, and close at midnight, August 18, 2002, with a vessel 
limit of 400 chinook salmon for the entire 10-day open period. In 
addition, the gear restriction

[[Page 60600]]

limiting fishers to no more than four spreads per line between Cape 
Falcon, OR and Leadbetter Point, WA was suspended for the open period. 
All other restrictions and regulations remain in effect as announced 
for 2002 ocean salmon fisheries. 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.

DATES: Adjustments in the area from the U.S.-Canada Border to Cape 
Falcon, OR, effective 0001 hours local time (l.t.), August 9, 2002, 
through 2359 hours l.t. August 18, 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 October 11, 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 modified the 
season for the commercial salmon fishery in the area from the U.S.-
Canada Border to Cape Falcon, OR to reopen on August 9, 2002, and close 
at midnight, August 18, 2002, with a vessel limit of 400 chinook salmon 
for the entire 10-day open period. In addition, the gear restriction 
limiting fishers to no more than four spreads per line between Cape 
Falcon, OR and Leadbetter Point, WA was suspended for the open period. 
Information provided on August 8 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 and gear restriction are 
authorized by regulations at 50 CFR 660.409(b)(1)(i) and 50 CFR 
660.409(b)(1)(iv), respectively.
    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, 2002, and run through the earlier of 
September 8, 2002, or a 32,500-chinook quota, except for a selective 
fishery for marked coho in the sub-area from Leadbetter Point, WA to 
Cape Falcon, OR scheduled at the end of the season with a 5000-marked 
coho quota.
    The fishery in the area from the U.S.-Canada Border to Cape Falcon, 
OR has been modified three times so far this year by inseason action. 
The first inseason action opened the fishery as scheduled on July 1, 
2002, 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, 2002, 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 49875, August 1, 2002). The third inseason 
action reopened the area on July 26, 2002, and closed it at midnight, 
August 5, 2002, with the provision that no vessel may possess, land, or 
deliver more than 500 chinook salmon for the entire 11-day open period 
(67 FR 52889, August 14, 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 August 8, 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 
August 9, 2002, and close at midnight, August 18, 2002, with the 
provision that no vessel may possess, land, or deliver more than 400 
chinook for the entire 10-day open period. In addition, the gear 
restriction limiting fishers to no more than four spreads per line 
between Cape Falcon, OR and Leadbetter Point, WA was suspended for the 
open period, because this was no longer needed to restrict the catch of 
coho. All other restrictions that apply to this fishery remain in 
effect as announced in the 2002 annual management measures. The State 
of Oregon continued the landing restriction for this fishery in their 
regulations requiring that fishers fishing north of Cape Falcon, OR and 
intending to land salmon south of Cape Falcon, OR notify the ODFW 
before they leave the area at the telephone number: (541) 867-0300, 
Ext. 252. In addition, the parties agreed to reevaluate the fishery on 
August 21, 2002, and assess the possibility of further openings.
    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), or delaying the effectiveness of this rule for 30 days under 
5 U.S.C. 553(d)(3), because prior notice and opportunity for public 
comment and delay in effectiveness of this rule is 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

[[Page 60601]]

Salmon Plan. Prior notice and opportunity for public comment is 
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 status of the fisheries and the time the limits to which 
the fishery must be adjusted to control 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: September 19, 2002
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-24371 Filed 9-25-02; 8:45 am]
BILLING CODE 3510-22-S