[Federal Register Volume 68, Number 177 (Friday, September 12, 2003)]
[Rules and Regulations]
[Pages 53685-53686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23204]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020430101-2101-01; I.D. 082503A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action [numsign]3 - Closure and 
Reopening of the Recreational Fishery from Cape Falcon, Oregon to 
Humbug Mountain, 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 selective fishery for 
marked hatchery coho salmon in the area from Cape Falcon, OR to Humbug 
Mountain, OR, was closed at midnight on August 19, 2003. The Northwest 
Regional Administrator, NMFS (Regional Administrator), determined that 
the quota of 88,000 marked hatchery coho had been reached. The 
recreational fishery for all salmon except coho then reopened on August 
20, 2003, as scheduled in the 2003 annual management measures. This 
action was necessary to conform to the 2003 management goals.

DATES: Closure of the selective fishery for marked hatchery coho in the 
area from Cape Falcon to Humbug Mountain effective 2359 hours local 
time (l.t.), August 19, 2003, until the effective dates of the 2004 
management measures, which will be published in the Federal Register 
for the West Coast salmon fisheries. Reopening the recreational fishery 
for all salmon except coho in the area from Cape Falcon to Humbug 
Mountain effective 0001 hours l.t., August 20, 2003 through October 31, 
2003. Comments will be accepted through September 29, 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 closed the 
recreational selective fishery for coho in the area from Cape Falcon, 
OR to Humbug Mountain, OR effective at midnight on Tuesday, August 19, 
2003. Information provided on August 14, 2003, estimated that the quota 
of 88,000 marked coho salmon would be reached by August 19, 2003. 
Automatic season closures based on quotas are authorized by regulations 
at 50 CFR 660.409(a)(1). The recreational fishery for all salmon except 
coho reopened on August 20, 2003, as scheduled in the 2003 annual 
management measures.
    In the 2003 annual management measures for ocean salmon fisheries 
(68 FR 23913, May 6, 2003), NMFS announced that the recreational 
selective fishery for marked hatchery coho in the area from Cape 
Falcon, OR to Humbug Mountain, OR would open on June 21 through the 
earlier of August 24 or the attainment of a 88,000-marked coho quota, 
and the all salmon except coho season would then reopen the earlier of 
August 25 or the attainment of the marked hatchery coho quota.
    On August 14, 2003, 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 coho catch rate, and effort data 
indicated that it was likely that the quota would be reached by August 
19, 2003. As a result, the State of Oregon recommended, and the 
Regional Administrator concurred, that the recreational selective 
fishery for marked hatchery coho in the area from Cape Falcon, OR to 
Humbug Mountain, OR close effective at midnight on Tuesday, August 19, 
2003, with the all salmon except coho fishery reopening on August 20, 
2003. All other regulations that apply to this fishery remain in effect 
as announced in the 2003 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, 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

[[Page 53686]]

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: August 28, 2003.
John H.Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-23204 Filed 9-11-03; 8:45 am]
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