[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Rules and Regulations]
[Pages 63055-63057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25710]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020430101-2101-01; I.D. 092502H]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 12--Adjustment of the 
Recreational Fishery From the Queets River to Leadbetter Point, WA 
(Westport Area)

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 Queets River to Leadbetter Point, WA (Westport Area), was modified 
to reopen Sunday, August 18, 2002, through midnight on Monday, August 
19, 2002. The area continued with a bag limit of two fish per day, but 
only 1 chinook, and all retained coho required to have a healed adipose 
fin clip, and a chinook minimum size limit of 28 inches (71.1 cm) total 
length. All other restrictions remained in effect as announced for

[[Page 63056]]

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 greater access to the coho and chinook quotas. This action was 
necessary to conform to the 2002 management goals.

DATES: Adjustment in the Westport Area effective 0001 hours local time 
(l.t.), August 18, 2002, through 2359 hours l.t., August 19, 2002, or 
until modified by a subsequent 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 25, 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 Westport sub-area to reopen Sunday, August 18, 2002, 
through midnight on Monday, August 19, 2002. The area continued with a 
bag limit of two fish per day, but only 1 chinook, and all retained 
coho required to have a healed adipose fin clip, and a chinook minimum 
size limit of 28 inches (71.1 cm) total length. Information provided on 
August 15, 2002, regarding the available catch and effort data 
indicated that these management measures should be implemented to 
provide greater access to the coho and chinook 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 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 Westport sub-area was announced to open 
June 30 through the earlier of September 8, 2002, or a 39,280 coho 
subarea quota, with a guideline of 32,000 chinook.
    The recreational fishery in Westport sub-area was modified twice by 
inseason action. The fishery was first 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 (67 FR 52891, August 14, 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. 
Second, the Westport, WA, sub-area was modified to close at midnight 
August 15, 2002, with the bag limit also modified to two fish per day, 
but only 1 chinook, and all retained coho required to have a healed 
adipose fin clip (67 FR 61041, September 27, 2002). The chinook minimum 
size limit continued to be 28 inches (71.1 cm) total length. 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 15, 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 there was 
enough chinook left in the quota to allow two more days of fishing, 
without foreclosing opportunity of fishers to harvest marked coho in 
the other sub-areas. As a result, the States of Washington and Oregon 
recommended, and the Regional Administrator concurred, that the 
recreational fishery in the Westport, WA, sub-area needed modification 
to reopen on Sunday, August 18, 2002, through midnight on Monday, 
August 19, 2002, to access the available chinook and marked coho left 
in the sub-area quotas. In addition, the area was to continue with a 
bag limit of two fish per day, but only 1 chinook, and all retained 
coho required to have a healed adipose fin clip, and a chinook minimum 
size limit of 28 inches (71.1 cm) total length. All other restrictions 
that applied to this fishery remained 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 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 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 the opportunity for public 
comment is contrary to the public interest because it does not allow 
recreational 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 recreational fishermen

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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: October 3, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-25710 Filed 10-9-02; 8:45 am]
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