[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Rules and Regulations]
[Pages 49721-49722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21045]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020430101-2101-01; I.D. 080503B]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action [numsign]2 - Adjustment of the 
Recreational Fishery from the Queets River to Cape Falcon, Oregon

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 
the Queets River to Cape Falcon, Oregon, was modified to open 7 days 
per week effective on Friday, July 26, 2003. On July 18, 2003, the 
Northwest Regional Administrator, NMFS (Regional Administrator), 
determined that available catch and effort data indicated that 
increasing the days open was warranted. This action was necessary to 
conform to the 2003 management goals.

DATES: Adjustment in the area from the Queets River to Cape Falcon, 
Oregon, effective 0001 hours local time (l.t.), July 26, 2003 through 
September 30, 2003. Comments will be accepted through September 3, 
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 recreational fishery in the area from the Queets River 
to Cape Falcon to be open 7 days per week effective Friday, July 26, 
2003. On July 18 the Regional Administrator determined that available 
catch and effort data indicated that increasing the days open was 
warranted. Modification of recreational fishing days per calendar week 
are authorized by regulations at 50 CFR 660.409(b)(1)(iii).
    In the 2003 annual management measures for ocean salmon fisheries 
(68 FR 23913, May 6, 2003), NMFS announced the recreational fishery in 
the area from the Queets River to Leadbetter Point, WA (Westport Area) 
would open June 22 through the earlier of September 14 or a 83,250 coho 
subarea quota with a subarea guideline of 40,600 chinook, and the area 
from Leadbetter Point, WA to Cape Falcon (Columbia River Area) would 
open June 29 through the earlier of September 30 or a 112,500 coho 
subarea quota with a subarea guideline of 12,700 chinook. Both the 
Westport and Columbia subareas were scheduled to open Sunday through 
Thursday during each calendar week.
    On July 18, 2003, the Regional Administrator consulted with 
representatives of the Pacific Fishery Management 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 and coho catch rate, and effort data indicated that it was 
unlikely that the coho quotas or the overall recreational chinook quota 
north of Cape Falcon would be met. As a result, the states recommended, 
and the Regional Administrator concurred, that both the Westport and 
Columbia recreational fishery subareas, which include the area from the 
Queets River to Cape Falcon, be modified to be open 7 days per week 
effective Friday, July 26, 2003. All other restrictions that apply to 
this fishery remain 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

[[Page 49722]]

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 
modification must be implemented in order to allow fishers access to 
the available fish at the time the fish are available. 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). A delay in effectiveness 
of this action would unnecessarily limit fishers appropriately 
controlled access to available fish during the scheduled fishing 
season. The AA also determines that sufficient evidence exists to waive 
the 30 day delay in the effective date of this action under 5 U.S.C. 
553(d)(1) as this action relieves a restriction. It relieves a 
restriction because it expands the recreational fishery from 5 days per 
week to 7 days per week, and thus provides fishermen with two 
additional days per week to fish for salmon.
    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: August 12, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-21045 Filed 8-18-03; 8:45 am]
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