[Federal Register Volume 68, Number 206 (Friday, October 24, 2003)]
[Rules and Regulations]
[Pages 60862-60864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26928]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[I.D. 101603B]


Fraser River Sockeye and Pink Salmon Fisheries; Inseason Orders

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Inseason orders.

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SUMMARY: NMFS publishes the Fraser River salmon inseason orders 
regulating salmon fisheries in U.S. waters. The orders were issued by 
the Fraser River Panel (Panel) of the Pacific Salmon Commission 
(Commission) and subsequently approved and issued by NMFS during the 
2003 sockeye and pink salmon fisheries within the U.S. Fraser River 
Panel Area. These orders established fishing times, areas, and types of 
gear for U.S. treaty Indian and all-citizen fisheries during the period 
the Commission exercised jurisdiction over these fisheries. Due to the 
frequency with which inseason orders are issued, publication of 
individual orders is impracticable. The 2003 orders are therefore being 
published in this document to avoid fragmentation.

DATES: Each of the following inseason actions was effective upon 
announcement on telephone hotline numbers as specified at 50 CFR 
300.97(b)(1); those dates and times are listed herein. Comments will be 
accepted through November 10, 2003.

ADDRESSES: Comments may be mailed to D. Robert Lohn, Regional 
Administrator, Northwest Region, NMFS, 7600 Sand Point Way N.E., BIN 
C15700-Bldg. 1, Seattle, WA 98115-0070. 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: David Cantillon, (206) 526-4140.

SUPPLEMENTARY INFORMATION: The treaty between the Government of the 
United States of America and the Government of Canada concerning 
Pacific Salmon was signed at Ottawa, Canada, on January 28, 1985, and 
subsequently was given effect in the United States by the Pacific 
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
    Under authority of the Act, Federal regulations at 50 CFR Part 300 
Subpart F provide a framework for implementation of certain regulations 
of the Commission and inseason orders of the Commission's Panel for 
U.S. sockeye and pink salmon fisheries in the Fraser River Panel Area.
    The regulations close the U.S. portion of the Fraser River Panel 
Area to U.S. sockeye and pink salmon fishing unless opened by Panel 
regulation or by inseason regulations published by NMFS that give 
effect to Panel orders. During the fishing season, NMFS may issue 
regulations that establish fishing times and areas consistent with the 
Commission agreements and inseason orders of the Panel. Such orders 
must be consistent with domestic legal obligations. The Regional 
Administrator, Northwest Region, NMFS, issues the inseason orders. 
Official notification of these inseason actions of NMFS is provided by 
two telephone hotline numbers described at 50 CFR 300.97(b)(1). 
Inseason orders must be published in the Federal Register as soon as 
practicable after they are issued. Due to the frequency with which 
inseason orders are issued, publication of individual orders is 
impractical. Therefore, the 2003 orders are being published in this 
document to avoid fragmentation.
    The following inseason orders were adopted by the Panel and issued 
for U.S. fisheries by NMFS during the 2003 fishing season. The times 
listed are local times, and the areas designated are Puget Sound 
Management and Catch Reporting Areas as defined in the Washington State 
Administrative Code at Chapter 220-22.

Order No. 2003-02: Issued 1 p.m., July 25, 2003.

Treaty Indian Fisheries

    Areas 4B, 5, and 6C: Open to drift gill nets from 4 p.m., Friday, 
July 25, 2003, to 12 p.m. (noon), Wednesday, July 30, 2003.

Order No. 2003-02: Issued 2 p.m., July 29, 2003.

Treaty Indian Fisheries

    Areas 4B, 5, and 6C: Extended to drift gill nets from 12 p.m. 
(noon)Wednesday, July 30 to 12 p.m. (noon), Saturday, August 2, 2003.
    Areas 6, 7, and 7A: Open to net fishing from 11:00 a.m., Wednesday, 
July 30, 2003, until 11 a.m., Thursday, July 31, 2003.

All-Citizen Fisheries

    Areas 7 and 7A Gillnet: Open to fishing from 12 p.m. (noon) until 
11:59 p.m Thursday, July 31, 2003.
    Areas 7 and 7A Purse Seine: Open to fishing from 7 a.m. until 7 
p.m., Friday, August 1, 2003.
    Areas 7 and 7A Reef Net: Open to fishing from 9:00 a.m. until 9 
p.m., Thursday, July 31, 2003.

Order No. 2003-03: Issued 2 p.m., August 1, 2003.

Treaty Indian Fisheries

    Areas 4B, 5, and 6C: Extended for drift gill nets from 12 p.m. 
(noon), Saturday, August 2, 2003, to 12 p.m. (noon), Wednesday, August 
6, 2003.
    Areas 6, 7, and 7A: Open to net fishing from 4 a.m., Monday, August 
4, 2003 until 7:30 a.m., Wednesday, August 6, 2003.

All-Citizen Fisheries

    Areas 7 and 7A Gill Net: Open from 8 a.m. until 11:59 p.m. on 
Wednesday, August 6 and from 8 a.m. until 11:59 p.m. on Friday, August 
8, 2003.
    Areas 7 and 7A Purse Seine: Open from 5 a.m. until 9 p.m. on 
Thursday, August 7, and from 5 a.m. until 9 p.m. on Friday, August 8, 
2003.
    Areas 7 and 7A Reef Net: Open from 5:00 a.m. until 9:00 p.m. on 
Saturday, August 2, and from 5 a.m. until 9 p.m. on Sunday, August 3, 
2003.

Order No. 2003-04: Issued 4 p.m., August 4, 2003.

Treaty Indian Fisheries

    Areas 4B, 5, and 6C: Extended for drift gill nets from 12 p.m. 
(noon), Wednesday, August 6, 2003, to 12 p.m. (noon), Saturday, August 
9, 2003.

Order No. 2003-05; Issued 3:30 p.m., August 5, 2003.

All-Citizen Fisheries

    Areas 7 and 7A Reef Net: Open from 5 a.m. until 9 p.m. on Thursday, 
August 7, 2003.

[[Page 60863]]

Order No. 2003-06: Issued 1 p.m., August 8, 2003.

Treaty Indian Fisheries

    Areas 4B, 5, and 6C: Extended for drift gill nets from 12 p.m. 
(noon), Saturday, August 9, 2003 until 12 p.m. (noon), Wednesday, 
August 13, 2003.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Saturday, 
August 9, 2003 until 7:30 a.m., Wednesday, August 13, 2003.

All-Citizen Fisheries

    Areas 7 and 7A Reef Net: Open from 5 a.m. until 9 p.m. on Tuesday, 
August 12, 2003.

Order No. 2003-07: Issued 1 p.m., August 12, 2003.

Treaty Indian Fisheries

    Areas 4B, 5, and 6C: Extended for drift gill nets from 12 p.m. 
(noon), Wednesday, August 13, 2003, until 12 p.m. (noon), Saturday, 
August 16, 2003.
    Areas 6, 7, and 7A: Extended for net fishing from 7:30 a.m., 
Wednesday, August 13, 2003, until 5 a.m., Thursday, August 14, 2003. 
Open to net fishing from 5 a.m., Friday, August 15, 2003, until 5 a.m., 
Saturday, August 16, 2003.

All-Citizen Fisheries

    Areas 7 and 7A Gill Net: Open from 8 a.m. until 11:59 p.m. on 
Thursday, August 14, 2003.
    Areas 7 and 7A Purse Seine: Open from 5 a.m. until 9 p.m. on 
Thursday, August 14, 2003.
    Areas 7 and 7A Reef Net: Open from 5 a.m. until 9 p.m. on 
Wednesday, August 13, 2003, and from 5 a.m. until 9 p.m. on Thursday, 
August 14, 2003.

Order No. 2003-08: Issued 3 p.m., August 15, 2003.

Treaty Indian Fisheries

    Areas 4B, 5, and 6C: Extended for drift gill nets from 12 p.m. 
(noon), Saturday, August 16, 2003, until 12 p.m. (noon), Wednesday, 
August 20, 2003.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Sunday, August 
17, 2003, until 7:30 a.m., Tuesday, August 19, 2003.

All-Citizen Fisheries

    Gill Net: Area 7A will be open from 8 a.m. until 11:59 p.m. on 
Saturday, August 16, 2003. Area 7 will be open from 6 p.m. until 11:59 
p.m. on Saturday, August 16, 2003. Areas 7 and 7A will be open from 8 
a.m. until 11:59 p.m. on Tuesday, August 19, 2003.
    Purse Seine: Area 7A will be open from 5 a.m. until 9 p.m. on 
Saturday, August 16, 2003. Area 7 will be open from 10 a.m. until 6 
p.m. on Saturday, August 16, 2003. Areas 7 and 7A will be open from 8 
a.m. until 9 p.m. on Tuesday, August 19, 2003.
    Reef Net: Areas 7 and 7A will be open from 5 a.m. until 9 p.m. on 
Tuesday, August 19, 2003

Order No. 2003-09: Issued 2 p.m., August 22, 2003.

All-Citizen Fisheries

    Reef Net: Areas 7 and 7A will be open from 5 a.m. until 9 p.m. on 
Saturday, August 23, from 5 a.m. until 9 p.m. on Sunday, August 24, 
from 5 a.m. until 9 p.m. on Monday, August 25, from 5 a.m. until 9 p.m. 
on Tuesday, August 26, and from 5 a.m. until 9 p.m. on Wednesday, 
August 27, 2003. All sockeye salmon must be released.

Order No. 2003-10: Issued 1 p.m., August 26, 2003.

All-Citizen Fisheries

    Reef Net: Areas 7 and 7A will be open from 5 a.m. until 9 p.m. on 
Thursday, August 28, from 5 a.m. until 9 p.m. on Friday, August 29, and 
from 5 a.m. until 9 p.m. on Saturday, August 30, 2003. All sockeye 
salmon must be released.

Order No. 2003-11: Issued 12:30 p.m., August 29, 2003.

Treaty Indian Fisheries

    Areas 4B, 5, and 6C: Open for drift gill nets from 12 p.m. (noon), 
Tuesday, September 2, 2003, until 12 p.m. (noon), Friday, September 5, 
2003.
    Areas 6, 7, and 7A: Open for net fishing in that portion of Areas 
6, 7, and 7A south and east of the East Point Line from 5 a.m., 
Thursday, September 4, 2003, until 9 p.m., Friday, September 5, 2003. 
The East Point Line is a line projected from the low water range marker 
in Boundary Bay on the International Boundary through the east tip of 
Point Roberts in the State of Washington to the East Point Light on 
Saturna Island in the Province of British Columbia, Canada. All sockeye 
salmon caught in purse seines must be released.

All-Citizen Fisheries

    Areas 7 and 7A Purse Seine: Open in Areas 7 and 7A south and east 
of the East Point Line from 5 a.m. until 9 p.m. on Tuesday, September 
2, and from 5 a.m. until 9 p.m. on Wednesday, September 3, 2003. The 
East Point Line is a line projected from the low water range marker in 
Boundary Bay on the International Boundary through the east tip of 
Point Roberts in the State of Washington to the East Point Light on 
Saturna Island in the Province of British Columbia, Canada. All sockeye 
salmon must be released.
    Areas 7 and 7A Reef Net: Open in Areas 7 and 7A south and east of 
the East Point Line from 5 a.m. until 9 p.m. on Sunday, August 31, from 
5 a.m. until 9 p.m. on Monday, September 1, from 5 a.m. until 9 p.m. on 
Tuesday, September 2, from 5 a.m. until 9 p.m. on Wednesday, September 
3, from 5 a.m. until 9 p.m. on Thursday, September 4, from 5 a.m. until 
9 p.m. on Friday, September 5, and from 5 a.m. until 9 p.m. on 
Saturday, September 6, 2003. The East Point Line is a line projected 
from the low water range marker in Boundary Bay on the International 
Boundary through the east tip of Point Roberts in the State of 
Washington to the East Point Light on Saturna Island in the Province of 
British Columbia, Canada. All sockeye salmon must be released.

Order No. 2003-12: Issued 12:01 p.m., September 5, 2003.

    Areas 4B, 5, and 6C: Relinquish regulatory control effective 
Saturday, September 6, 2003.

Treaty Indian Fisheries

    Areas 6, 7, and 7A: Open for net fishing in that portion of Areas 
6, 7, and 7A south and east of the East Point Line from 5 a.m., 
Tuesday, September 9, 2003, until 9 p.m., Wednesday, September 10, 
2003. The East Point Line is a line projected from the low water range 
marker in Boundary Bay on the International Boundary through the east 
tip of Point Roberts in the State of Washington to the East Point Light 
on Saturna Island in the Province of British Columbia, Canada. All 
sockeye salmon caught in purse seines must be released.

All-Citizen Fisheries

    Areas 7 and 7A Purse Seine: Open in Areas 7 and 7A south and east 
of the East Point Line from 5 a.m. until 9 p.m. on Sunday, September 7, 
from 5 a.m. until 9 p.m. on Monday, September 8, and from 5:00 a.m. 
until 9 p.m. on Thursday, September 11, 2003. The East Point Line is a 
line projected from the low water range marker in Boundary Bay on the 
International Boundary through the east tip of Point Roberts in the 
State of Washington to the East Point Light on Saturna Island in the 
Province of British Columbia, Canada. All sockeye salmon must be 
released.
    Areas 7 and 7A Reef Net: Open in Areas 7 and 7A south and east of 
the East Point Line from 5 a.m. until 9 p.m. on Sunday, September 7, 
from 5 a.m. until 9 p.m. on Monday, September 8, from 5 a.m. until 9 
p.m. on Tuesday, September 9, from 5 a.m. until 9 p.m. on Wednesday, 
September 10, from 5 a.m. until 9 p.m. on Thursday,

[[Page 60864]]

September 11, from 5 a.m. until 9 p.m. on Friday, September 12, and 
from 5 a.m. until 9 p.m. on Saturday, September 13, 2003. The East 
Point Line is a line projected from the low water range marker in 
Boundary Bay on the International Boundary through the east tip of 
Point Roberts in the State of Washington to the East Point Light on 
Saturna Island in the Province of British Columbia, Canada. All sockeye 
salmon must be released.

Order No. 2003-13: Issued 12:30 p.m., September 9, 2003.

Treaty Indian Fisheries

    Areas 6, 7, and 7A: Open for net fishing in that portion of Areas 
6, 7, and 7A south and east of the East Point Line from 5 a.m., Friday, 
September 12, 2003, until 9 p.m., Saturday, September 13, 2003. The 
East Point Line is a line projected from the low water range marker in 
Boundary Bay on the International Boundary through the east tip of 
Point Roberts in the State of Washington to the East Point Light on 
Saturna Island in the Province of British Columbia, Canada. All sockeye 
salmon caught in purse seines must be released.

Order No. 2003-14: Issued 12:30 p.m., September 12, 2003.

Treaty Indian Fisheries

    Areas 6, 7, and 7A: Open for net fishing in that portion of Areas 
6, 7, and 7A south and east of the East Point Line from 5 a.m., Friday, 
September 12 until 11:59 p.m., Friday, September 12, 2003. The East 
Point Line is a line projected from the low water range marker in 
Boundary Bay on the International Boundary through the east tip of 
Point Roberts in the State of Washington to the East Point Light on 
Saturna Island in the Province of British Columbia, Canada. All sockeye 
salmon caught in purse seines must be released.
    Areas 6, 7, and 7A: Open for net fishing in that portion of Areas 
6, 7, and 7A south and east of the Iwersen Dock Line from 12:01 a.m., 
Saturday, September 13 until 8:00 p.m. Friday, September 19, 2003. The 
Iwersen Dock Line is a line projected from the point where the Iwersen 
Dock was once located on Point Roberts in the State of Washington to 
the Georgina Point Light at the entrance to Active Pass in the Province 
of British Columbia, Canada. All sockeye salmon caught in purse seines 
must be released.

All-Citizen Fisheries

    Areas 7 and 7A Purse Seine: Open in Areas 7 and 7A south and east 
of the Iwersen Dock Line from 6 a.m. until 8 p.m. on Sunday, September 
14, from 6 a.m. until 8 p.m. on Monday, September 15, from 6 a.m. until 
8 p.m. on Tuesday, September 16, from 6 a.m. until 8 p.m. on Wednesday, 
September 17, from 6 a.m. until 8 p.m. on Thursday, September 18, and 
from 6 a.m. until 8 p.m. on Friday, September 19, 2003. The Iwersen 
Dock Line is a line projected from the point where the Iwersen Dock was 
once located on Point Roberts in the State of Washington to the 
Georgina Point Light at the entrance to Active Pass in the Province of 
British Columbia, Canada. All sockeye salmon must be released.
    Areas 7 and 7A Reef Net: Open in Areas 7 and 7A south and east of 
the East Point Line from 5 a.m. until 9 p.m. on Friday, September 12, 
2003. The East Point Line is a line projected from the low water range 
marker in Boundary Bay on the International Boundary through the east 
tip of Point Roberts in the State of Washington to the East Point Light 
on Saturna Island in the Province of British Columbia, Canada. All 
sockeye salmon must be released.
    Areas 7 and 7A Reef Net: Open in Areas 7 and 7A south and east of 
the Iwersen Dock Line from 5 a.m. until 9 p.m. on Saturday, September 
13, 2003 and from 6 a.m. until 8 p.m. on Sunday, September 14, from 6 
a.m. until 8 p.m. on Monday, September 15, from 6 a.m. until 8 p.m. on 
Tuesday, September 16, from 6 a.m. until 8 p.m. on Wednesday, September 
17, from 6 a.m. until 8 p.m. on Thursday, September 18, and from 6 a.m. 
until 8 p.m. on Friday, September 19, 2003. The Iwersen Dock Line is a 
line projected from the point where the Iwersen Dock was once located 
on Point Roberts in the State of Washington to the Georgina Point Light 
at the entrance to Active Pass in the Province of British Columbia, 
Canada. All sockeye salmon must be released.
    Inseason Order 2003-14 supersedes all previous inseason orders 
implementing 2003 orders of the Fraser River Panel.

Order No. 2003-15: Issued 11 a.m., September 19, 2003.

    Areas 6, 6A, and 7: Relinquish regulatory control effective 12:01 
a.m., Saturday, September 20, 2003.
    Area 7A: Relinquish regulatory control in that portion of Area 7A 
south and east of the Iwersen Dock Line effective 12:01 a.m., Saturday, 
September 20, 2003. The Iwersen Dock Line is a line projected from the 
point where the Iwersen Dock was once located on Point Roberts in the 
State of Washington to the Georgina Point Light at the entrance to 
Active Pass in the Province of British Columbia, Canada.
    The Assistant Administrator for Fisheries NOAA (AA), finds that 
good cause exists for the inseason orders to be issued without 
affording the public prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is 
impracticable and contrary to the public interest. Prior notice and 
opportunity for public comment is impracticable because NMFS has 
insufficient time to allow for prior notice and opportunity for public 
comment between the time the stock abundance information is available 
to determine how much fishing can be allowed and the time the fishery 
must open and close in order to harvest the appropriate amount of fish 
while they are available.
    Moreover, such prior notice and opportunity for public comment is 
contrary to the public interest because not closing the fishery upon 
attainment of the quota would allow the quota to be exceeded and thus 
compromise the conservation objectives established preseason, and it 
does not allow fishers appropriately controlled access to the available 
fish at the time they are available.
    The AA also finds good cause to waive the 30-day delay in the 
effective date, required under 5 U.S.C. 553(d)(3), of the inseason 
orders. A delay in the effective date of the inseason orders would not 
allow fishers appropriately controlled access to the available fish at 
that time they are available. This action is authorized by 50 CFR 
300.97, and is exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 3636(b).

    Dated: October 21, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-26928 Filed 10-23-03; 8:45 am]
BILLING CODE 3510-22-S