[Federal Register Volume 67, Number 208 (Monday, October 28, 2002)]
[Rules and Regulations]
[Pages 65730-65731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27362]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 14--Adjustment of the 
Recreational Fishery from Leadbetter Point, WA to Cape Falcon, OR 
(Columbia River 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 
Leadbetter Point, WA to Cape Falcon, OR (Columbia River Area), was 
modified to close at midnight on Monday, September 2, 2002, and then 
reopen Friday, September 6, 2002, through midnight on Sunday, September 
15, 2002. On August 29, 2002, the Northwest Regional Administrator, 
NMFS (Regional Administrator), determined that available catch and 
effort data indicated that the quota of 55,700 coho salmon would be 
reached by September 2, 2002. However, after reevaluating the available 
catch and effort data on September 4, 2002, it was found that there was 
enough salmon left in the coho quota to allow an additional 10 days of 
fishing if coho were transferred from Westport sub-area quota. These 
actions were necessary to conform to the 2002 management goals.

DATES: Closure in the Columbia River Area effective 2359 hours local 
time (l.t.), September 2, 2002; Reopening in the Columbia River Area 
effective 0001 hours l.t., September 6, 2002 through 2359 hours l.t., 
September 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 
season for the recreational fishery in the Columbia River sub-area to 
close at midnight on Monday, September 2, 2002, and then reopen Friday, 
September 6, 2002, through midnight on Sunday, September 15, 2002. On 
August 29, 2002 the Northwest Regional Administrator, NMFS (Regional 
Administrator), determined that available catch and effort data 
indicated that the quota of 55,700 coho salmon would be reached by 
September 2, 2002. However, after reevaluating the available catch and 
effort data on September 4, 2002, it was found that there was enough 
salmon left in the coho quota to allow an additional 10 days of fishing 
if the remaining coho were transferred from the Westport sub-area 
quota. 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 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 Columbia River sub-area was announced 
to open July 7, 2002, through the earlier of September 30 or a 55,700 
coho subarea quota, with a guideline of 11,200 chinook. The Westport 
sub-area was announced to open June 30, 2002, through the earlier of 
September 8, 2002, or a 39,280 coho subarea quota, with a guideline of 
32,000 chinook.
    The Columbia River sub-area fishery was modified twice by inseason 
action. The fishery was first modified to establish chinook minimum 
size limits 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 
season for the recreational fishery in the area from the U.S.-Canada 
Border to Cape Falcon, OR, was modified to prohibit chinook retention 
effective Saturday, August 10, 2002, in the Neah Bay, La Push, and 
Columbia River sub-areas (see 67 FR 61041, August 27, 2002). The three 
sub-areas would then remain open through the earlier of their 
established season end dates or the attainment of their respective 
marked coho subarea quotas.
    The recreational fishery in the Westport, WA sub-area was modified 
three times by inseason action. The last action modified the Westport 
sub-area 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 (67 FR 63055, October 10, 2002). The 
sub-area closed for the 2002 season because there were no chinook 
remaining in the guideline. However, there were approximately 20,000 
marked coho left in the Westport sub-area quota when the sub-area 
closed.
    On August 29, 2002, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council (Council), 
Washington Department of Fish and Wildlife(WDFW), and Oregon Department 
of Fish and Wildlife (ODFW) by conference call. Information related to 
catch to date, the chinook and coho catch rates, and effort data 
indicated that it was likely that the coho quota would be reached by 
Monday, September 2, 2002. As a result, the States of Washington and 
Oregon recommended, and the Regional Administrator concurred, that the

[[Page 65731]]

Columbia River sub-area close effective at midnight on Monday, 
September 2, 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 on September 
4, 2002, to assess the possibility of further openers.
    On September 4, 2002, the Regional Administrator again consulted 
with representatives of the Council, WDFW and ODFW by conference call. 
Information related to catch to date, the chinook and coho catch rates, 
and effort data indicated that there was enough coho left in the 
Columbia River sub-area quota, added with the available coho remaining 
from the Westport sub-area quota, to allow 10 more days of fishing. In 
addition, enough chinook remained in the quota to account for 
anticipated hooking mortality that would occur during the fishery. As a 
result, the States of Washington and Oregon recommended, and the 
Regional Administrator concurred, that the recreational fishery in the 
Columbia River sub-area should be modified to reopen on Friday, 
September 6, 2002, through midnight on Sunday, September 15, 2002, to 
access the available marked coho left in the modified sub-area quota. 
All other restrictions that applied to this fishery, including the 
chinook non-retention requirement, 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 
(1)(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 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. 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: 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. 02-27362 Filed 10-25-02; 8:45 am]
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