[Federal Register Volume 67, Number 208 (Monday, October 28, 2002)]
[Rules and Regulations]
[Pages 65728-65729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27361]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 17--Adjustment of the 
Ceremonial and Subsistence Harvest Regulations for the Ocean Salmon 
Fisheries of the Quileute Tribe

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 ceremonial and subsistence (C&S) 
harvest regulations for the Quileute Tribe were modified to extend the 
C&S fishery through midnight on Tuesday, October 15, 2002, with a 
possession and landing limit of 20 salmon per day, and all size 
restrictions suspended for the duration of the fishery. On September 
26, 2002 the Northwest Regional Administrator, NMFS (Regional 
Administrator), determined that available catch and effort data 
indicated that the tribal overall quota of 60,000 chinook and 60,000 
coho salmon had not been reached, and it was found that there was 
enough salmon left in the quotas to allow additional days of fishing in 
the C&S fishery. These actions were necessary to conform to the 2002 
management goals.

DATES: Closure of the C&S harvest for the Quileute Tribe effective 2359 
hours local time, October 15, 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 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 C&S 
harvest regulations for the Quileute Tribe to extend the C&S fishery 
through midnight on Tuesday, October 15, 2002, with a possession and 
landing limit of 20 salmon per day, and all size restrictions suspended 
for the duration of the fishery. On September 26, 2002, the Northwest 
Regional Administrator, NMFS (Regional Administrator), determined that 
available catch and effort data indicated that the tribal quota of 
60,000 chinook and 60,000 coho salmon had not been reached, and it was 
found that there was enough salmon left in the quotas to allow 
additional days of fishing in the C&S fishery. Modification of Treaty 
Indian fishing is authorized by regulations at 50 CFR 660.408(k)(1). 
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 that all treaty Indian 
fisheries would open May 1, 2002, through the earlier of June 30, 2002, 
or a 30,000-chinook quota, and July 1, 2002, through the earliest of 
September 15, 2002, or a 30,000-chinook or the overall 60,000 coho 
quota. The minimum size and retention limits for C&S harvest for the 
Quileute, Hoh, and Quinault tribes were: ``Not more than 2 chinook 
longer than 24 inches (61.0 cm) in total length may be retained per 
day. Chinook less than 24 inches (61.0 cm) total length may be 
retained.''
    On September 26, 2002, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council, the Quileute 
Tribe, the Washington Department of Fish and Wildlife, the Makah Tribe, 
the Quinault Tribe, and other interested parties by conference call. 
Information related to catch to date, the chinook and coho catch rates, 
and effort data indicated that the chinook and coho quotas had not been 
reached. As a result, the Quileute Tribe recommended, and the Regional 
Administrator concurred, that the Quileute Tribe's C&S fishery be 
modified to extend the C&S fishery through midnight on Tuesday, October 
15, 2002, with a possession and landing limit of 20 salmon per day, and 
all size restrictions suspended for the duration of the fishery. All 
other restrictions that apply 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 actions recommended by the Quileute Tribe. 
The States and Tribes 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 were 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 Coast Salmon Plan. 
Prior notice and opportunity for public comment is impracticable 
because NMFS, the Tribes, 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

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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. 02-27361 Filed 10-25-02; 8:45 am]
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