[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Rules and Regulations]
[Pages 61041-61042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24372]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 11 - 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 in the area from 
the U.S.-Canada Border to Cape Falcon, OR was modified to close to 
chinook retention effective Saturday, August 10, 2002, in the Neah Bay, 
La Push, and Columbia River sub-areas. The three sub-areas will remain 
open through the earlier of their established season end dates or the 
attainment of their respective marked coho subarea quotas. The Westport 
sub-area reopened as scheduled on August 11, 2002, but was modified to 
close at midnight August 15, 2002, with the bag limit modified to two 
fish per day, but only 1 chinook, and all retained coho must have a 
healed adipose fin clip. The chinook minimum size limit continues to be 
28 inches (71.1 cm) total length. 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 coho quota. 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.), August 10, 2002, 
through 2359 hours l.t., September 8, 2002, for the Neah Bay and La 
Push sub-areas, 2359 hours l.t., August 15, 2002 for the Westport sub-
area, and 2359 hours l.t. September 30, 2002, for the Columbia River 
sub-area; or until modified by a subsequent inseason, which will be 
published in the Federal Register for the west coast salmon fisheries, 
or until the effective date of the 2003 management measures. Comments 
will be accepted through October 15, 2002.

ADDRESSES: Comments on these actions 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 close to chinook retention effective 
Saturday, August 10, 2002, in the Neah Bay, La Push, and Columbia River 
sub-areas. The three sub-areas will remain open through the earlier of 
their established season end dates or the attainment of their 
respective marked coho subarea quotas. The Westport sub-area reopened 
as scheduled on August 11, 2002, but was modified to close at midnight 
August 15, 2002, with the bag limit modified to two fish per day, but 
only 1 chinook, and all retained coho required to have a healed adipose 
fin clip. The chinook minimum size limit continues to be 28 inches 
(71.1 cm) total length. Information provided on August 8, 2002, 
regarding the available catch and effort data indicated that these 
management measures should be implemented to provide greater access to 
the coho quota. Modification of fishing seasons, species that may be 
caught, and bag limits are authorized by regulations at 50 CFR 
660.409(b)(1)(i), (ii), and (iii), respectively.
    In the 2002 annual management measures for ocean salmon fisheries 
(67 FR 30616, May 7, 2002), NMFS announced the recreational fishery in 
the area from the U.S.-Canada Border to Cape Falcon, OR would have an 
overall chinook quota of 67,500 fish, with each of its four sub-areas 
having a chinook guideline. The sub-areas were

[[Page 61042]]

announced as follows: the U.S.-Canada Border to Cape Alava, WA (Neah 
Bay Area) would open July 7, 2002, through the earlier of September 8, 
2002, or a 11,780 coho subarea quota, with a guideline of 2,600 
chinook; Cape Alava, WA to Queets River (La Push Area) would open July 
7, 2002, through the earlier of September 8, 2002, or a 2,770 coho 
subarea quota, with a guideline of 1,600 chinook; Queets River to 
Leadbetter Point, WA (Westport Area) would open June 30 through the 
earlier of September 8, 2002 or a 39,280 coho subarea quota, with a 
guideline of 32,000 chinook; and Leadbetter Point, WA to Cape
    Falcon, OR (Columbia River Area) would open July 7, 2002, through 
earlier of September 30, 2002, or 55,700 coho subarea quota, with a 
guideline of 11,200 chinook.
    The recreational fishery in the area from the U.S.-Canada Border to 
Cape Falcon, OR was modified once by inseason action (67 FR 52891, 
August 14, 2002). The fishery was modified 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, WA to Cape Falcon, OR effective July 21, 
2002. Information provided on July 18, 2002, regarding the available 
catch and effort data indicated that modifying the minimum size limit 
of 24 inches (61.0 cm) total length for chinook to the adjusted size 
limits should be implemented to slow the catch of chinook and provide 
greater access to the coho quota. 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 that typically show up in greater numbers 
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 by conference call. Information related to catch to date, the 
chinook and coho catch rates, and effort data indicated that it was 
likely that the chinook quota would be reached prematurely, potentially 
foreclosing opportunity of 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, OR needed modification to allow fishermen 
to access the available marked coho left in the four sub-area quotas. 
Effective Saturday, August 10, 2002, the Neah Bay, La Push, and 
Columbia River sub-areas were closed to chinook retention, with the 
three sub-areas remaining open until the attainment of their respective 
marked coho subarea quotas or the established season end dates, 
whichever is earlier. The Westport sub-area reopened as scheduled on 
August 11, 2002, but was modified to close at midnight August 15, 2002, 
with the bag limit modified to two fish per day, but only 1 chinook, 
and all retained coho required to have a healed adipose fin clip. The 
chinook minimum size limit continues to be 28 inches (71.1 cm) total 
length. All other restrictions that apply to this fishery remain in 
effect as announced in the 2002 annual management measures. In 
addition, the parties agreed to reevaluate the fishery on August 15, 
2002, and assess the possibility of further openers.
    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 is 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 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: September 19, 2002
Virginia M. Fay
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-24372 Filed 9-26-02; 8:45 am]
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