[Federal Register Volume 67, Number 207 (Friday, October 25, 2002)]
[Rules and Regulations]
[Pages 65514-65516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27262]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020430101-2101-01; I.D. 101102F]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 16--Adjustment of the 
Commercial Fishery from the Oregon-California Border to the Humboldt 
South Jetty

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

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS announces that the commercial salmon fishery in the area 
from the Oregon-California Border to the Humboldt South Jetty, was 
modified to

[[Page 65515]]

close at midnight on Friday, September 20, 2002, and then reopen 
Thursday, September 26, 2002, through midnight on Friday, September 27, 
2002. On September 19, 2002, the Northwest Regional Administrator, NMFS 
(Regional Administrator), determined that available catch and effort 
data indicated that the quota of 10,000 chinook salmon would be reached 
by September 20, 2002. However, after reevaluating the available catch 
and effort data on September 24, 2002, it was found that there was 
enough salmon left in the chinook quota to allow an additional 2 days 
of fishing. These actions were necessary to conform to the 2002 
management goals.

DATES: Closure in the area from the Oregon-California Border to the 
Humboldt South Jetty effective 2359 hours local time (l.t.), September 
20, 2002;
    Reopening in the area from the Oregon-California Border to the 
Humboldt South Jetty effective 0001 hours l.t., September 26, 2002, 
through 2359 hours l.t., September 27, 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 November 12, 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 commercial salmon fishery in the area from the Oregon-
California Border to the Humboldt South Jetty, to close at midnight on 
Friday, September 20, 2002, and then reopen Thursday, September 26, 
2002, through midnight on Friday, September 27, 2002. On September 19, 
2002, the Northwest Regional Administrator, NMFS (Regional 
Administrator), determined that available catch and effort data 
indicated that the quota of 10,000 chinook salmon would be reached by 
September 20, 2002. However, after reevaluating the available catch and 
effort data on September 24, 2002, it was found that there was enough 
salmon left in the chinook quota to allow an additional 2 days of 
fishing. Automatic season closures based on quotas are authorized by 
regulations at 50 CFR 660.409(a)(1), and 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 commercial fishery for 
all salmon except coho in the area from the Oregon-California Border to 
the Humboldt South Jetty would open August 16, 2002, through the 
earlier of August 30, 2002, or an 3,000-chinook quota, and September 1, 
2002, through the earlier of September 30, 2002, or a 10,000-chinook 
quota. The area also had a possession and landing limit of 40 fish per 
day, with all fish required to be landed within the area and within 24 
hours of any closure of the fishery.
    On September 19, 2002, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council (Council) and 
the California Department Fish and Game (CDFG) 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 by Friday, September 20, 2002. As a result, the State of 
California recommended, and the Regional Administrator concurred, that 
the area from the Oregon-California Border to the Humboldt South Jetty 
close effective at midnight on Friday, September 20, 2002. All other 
restrictions that apply to this fishery remained in effect as announced 
in the 2002 annual management measures. In addition, the parties agreed 
to reevaluate the fishery the following week and assess the possibility 
of further open fishing periods if the catch estimates turned out to be 
low.
    On September 24, 2002, the Regional Administrator again consulted 
with representatives of the Council and the CDFG by conference call. 
Information related to catch to date, the chinook catch rate, and 
effort data indicated that there was enough chinook left in the quota 
to allow 2 more days of fishing. As a result, the State of California 
recommended, and the Regional Administrator concurred, that the 
commercial salmon fishery in the area from the Oregon-California Border 
to the Humboldt South Jetty should be modified to reopen Thursday, 
September 26, 2002, through midnight on Friday, September 27, 2002, to 
access the available chinook left in the quota. In addition, the 
landing restriction language was modified to a possession and landing 
limit of 40 fish per day, with no vessel landing or delivering more 
than 80 chinook for the entire 2 day open period, all fish required to 
be landed within the area and within 24 hours of the fishery closure. 
Additionally, salmon caught outside the open area were not allowed to 
be landed in the area until after midnight on Saturday, September 28, 
2002. This final modification was needed to clarify the intent of the 
landing restriction and minimize complications related to catch 
accounting that may result from landing salmon from outside the catch 
area. All other restrictions that applied to this fishery remained 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 actions 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 
(a)(2), actual notice to fishers of the above described actions were 
given prior to the effective dates 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.
    These actions do 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 is 
impracticable and contrary to the public interest. As previously noted, 
actual notice of these actions was provided to fishers through 
telephone hotline and radio notification. These actions comply with the 
requirements of the annual management measures for ocean salmon 
fisheries (67 FR 30616, May 7, 2002) and the West

[[Page 65516]]

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 in place. Moreover, such prior notice and the 
opportunity for public comment is contrary to the public interest 
because it does not allow fishers 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 fishers 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: Authority: 16 U.S.C. 1801 et seq.

    Dated: October 21, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-27262 Filed 10-24-02; 8:45 am]
BILLING CODE 3510-22-S