[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Rules and Regulations]
[Pages 63057-63058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25865]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020430101-2101-01; I.D. 092602A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 13--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.

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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 22, 2002, and close at midnight, August 28, 2002, with a vessel 
limit of 250 chinook salmon for the entire 7-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. 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 22, 2002, 
through 2359 hours l.t. August 28, 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 25, 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 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 modified the 
season for the commercial fishery in the commercial fishery in the area 
from the U.S.-Canada Border to Cape Falcon, OR to reopen on August 22, 
2002, and close at midnight, August 28, 2002, with a vessel limit of 
250 chinook salmon for the entire 7-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 21, 2002, 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 5,000-marked 
coho quota.
    The fishery in the area from the U.S.-Canada Border to Cape Falcon, 
OR, has been modified four times so far 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 FR52889, August 14, 2002). The fourth inseason action reopened the 
area on August 9, 2002, and closed it at midnight, August 18, 2002, 
with the provision that no vessel may possess, land, or deliver more 
than 400 chinook salmon for the entire 10-day open period (67 FR 60599, 
September 26, 2002). 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 fourth open period. 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 21, 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. 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 22, 
2002, and close at midnight, August 28, 2002, with the provision that 
no vessel may possess, land, or deliver more than 250 chinook for the 
entire 7-day open period. In addition, the gear restriction limiting 
fishers to no more than four spreads per line between Cape

[[Page 63058]]

Falcon, OR and Leadbetter Point, WA was again suspended for the open 
period, because this gear restriction was no longer needed to limit 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 following phone number (541) 
867-0300, Ext. 252. In addition, the parties agreed to reevaluate the 
fishery on August 30, 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 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 
status 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: October 7, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-25865 Filed 10-9-02; 8:45 am]
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