[Federal Register Volume 68, Number 132 (Thursday, July 10, 2003)]
[Rules and Regulations]
[Page 41085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17239]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020430101-2101-01; I.D. 062503A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action [numsign]1--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: Adjustment; 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 close at 
midnight on Friday, June 6, 2003. On June 5, 2003, the Northwest 
Regional Administrator, NMFS (Regional Administrator), determined that 
available catch and effort data indicated that the quota of 40,000 
chinook salmon would be reached by June 6, 2003. This action was 
necessary to conform to the 2003 management goals.

DATES: Closure in the area from the U.S.-Canada Border to Cape Falcon, 
OR effective 2359 hours local time, June 6, 2003, until the effective 
date of the 2004 management measures which will be published in the 
Federal Register. Comments will be accepted through July 25, 2003.

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 fishery in the area from the U.S.-Canada 
Border to Cape Falcon, OR to close at midnight on Friday, June 6, 2003. 
On June 5, 2003, the Regional Administrator determined that available 
catch and effort data indicated that the quota of 40,000 chinook salmon 
would be reached by June 6, 2003. Automatic season closures based on 
quotas are authorized by regulations at 50 CFR 660.409(a)(1).
    In the 2003 annual management measures for ocean salmon fisheries 
(68 FR 23913, May 6, 2003), NMFS announced the commercial fishery for 
all salmon except coho in the area from the U.S.-Canada Border to Cape 
Falcon, OR would open May 1 through the earlier of June 30 or a 40,000 
chinook quota.
    On June 5, 2003, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council (Council), 
Washington Department of Fish and Wildlife, and Oregon Department of 
Fish and Wildlife 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, June 6, 2003. 
As a result, the States recommended, and the Regional Administrator 
concurred, that the area from the U.S.-Canada Border to Cape Falcon, OR 
close effective at midnight on Friday, June 6, 2003. All other 
restrictions that apply to this fishery remained in effect as announced 
in the 2003 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 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) because such notification would be impracticable. 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 (68 FR 23913, May 6, 2003), the West Coast Salmon 
Plan, and regulations implementing the West Coast Salmon Plan 50 CFR 
660.409 and 660.411. 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 extent of the fisheries, and the time the fishery closure 
must be implemented to avoid exceeding the quota. Failure to close the 
fishery upon attainment of the quota would allow the quota to be 
exceeded, resulting in fewer spawning fish and possibly reduced yield 
of the stocks in the future. For the same reasons, the AA also finds 
good cause to waive the 30-day delay in effectiveness required under 
U.S.C. 553(d)(3).
    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: July 2, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-17239 Filed 7-9-03; 8:45 am]
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