[Federal Register Volume 67, Number 208 (Monday, October 28, 2002)]
[Rules and Regulations]
[Pages 65729-65730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27359]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action No. 15--Closure of the 
Commercial Fishery from Humbug Mountain, OR to the Oregon-California 
Border

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

ACTION: Closure; request for comments.

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SUMMARY: NMFS announces that the commercial fishery for all salmon 
except coho in the area from Humbug Mountain, OR to the Oregon-
California Border was closed at midnight on September 9, 2002. The 
Northwest Regional Administrator, NMFS (Regional Administrator), 
determined that the quota of 2,000 chinook salmon had been reached. 
This action was necessary to conform to the 2002 management goals.

DATES: Closure in the area from Humbug Mountain to the Oregon-
California border, effective 2359 hours local time (l.t.), September 9, 
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 15, 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 closed the 
commercial salmon fishery in the area from Humbug Mountain, OR to the 
Oregon-California Border effective at midnight on Monday, September 9, 
2002. Information provided on September 9, 2002, estimated that the 
quota of 2,000 chinook salmon had been reached. Automatic season 
closures based on quotas are authorized by regulations at 50 CFR 
660.409(a)(1).
    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 Humbug Mountain, OR to the 
Oregon-California Border would open July 1, 2002, through the earlier 
of July 30, 2002, or a 1,500-chinook quota. The fishery would then 
reopen on August 1, 2002, through the earlier of August 29, 2002, or a 
3,000-chinook quota; and September 1, 2002, through the earlier of 
September 30, 2002, or a 2,000-chinook quota. No transfer of remaining 
quota from earlier fisheries allowed.
    Inseason Action 8 announced the commercial fishery for all 
salmon except coho in the area from Humbug Mountain to the Oregon-
California Border was closed at midnight on July 26, 2002 (67 FR 57345, 
September 10, 2002). It was determined that the quota of 1,500 chinook 
salmon had been reached.
    On September 9, 2002, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council 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 quota had been reached. As a 
result, the State of Oregon recommended, and the Regional Administrator 
concurred, that the commercial salmon fishery in the area from Humbug 
Mountain, OR to the Oregon-California Border close effective at 
midnight on Monday, September 9, 2002. All other regulations that apply 
to this fishery remain 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 action recommended by the ODFW. 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 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 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 Salmon Plan. 
Prior notice and opportunity for public comment is impracticable 
because NMFS and the State agencies have insufficient time to allow 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 fishery closure must be implemented 
to avoid exceeding the quota. Moreover, such prior notice and the 
opportunity for public comment is contrary to the public interest 
because not closing the fishery upon attainment of the quota would 
allow the quota to be exceeded and thus compromise conservation and 
allocation objectives established preseason, and 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

[[Page 65730]]

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: 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. 02-27359 Filed 10-25-02; 8:45 am]
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