[Federal Register Volume 70, Number 222 (Friday, November 18, 2005)]
[Rules and Regulations]
[Pages 69912-69914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22862]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[I.D. 110905G]


Fraser River Sockeye Salmon Fisheries; Inseason Orders

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

ACTION: Temporary rule; 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 
2005 salmon fisheries within the U.S. Fraser River Panel Area. These 
orders established fishing times and areas for the gear types of U.S. 
treaty Indian and all-citizen fisheries during the period the Panel 
exercised jurisdiction over these fisheries.

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 December 5, 2005.

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.
    Comments can also be submitted via e-mail at the

[[Page 69913]]

[email protected], or through the internet at the Federal 
eRulemaking Portal: http://www.regulations.gov. Follow the instructions 
for submitting comments and include the I.D. number 110905G in the 
subject line of the message. 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 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 Fraser 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 
orders which are given effect by inseason regulations published by 
NMFS. 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 (50 CFR 300.97(b)(4)). Due to the frequency with 
which inseason orders are issued, publication of individual orders is 
impractical. Therefore, the 2005 orders are being published in this 
single document to avoid fragmentation.
    The following inseason orders were adopted by the Panel and issued 
for U.S. fisheries by NMFS during the 2005 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. 2005-01: Issued 2 p.m., July 29, 2005.

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 12:00 p.m. (noon) 
Monday, August 1, 2005, to 12 p.m. (noon), Wednesday, August 3, 2005.

Order No. 2005-02: Issued 1 p.m., August 2, 2005.

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 12 p.m. (noon) 
Wednesday, August 3, 2005, to 12 p.m. (noon), Saturday, August 6, 2005.

Order No. 2005-03: Issued 2 p.m., August 5, 2005.

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 12 p.m. (noon) 
Saturday, August 6, 2005, to 12 p.m. (noon), Monday, August 8, 2005.

Order No. 2005-04: Issued 2 p.m., August 7, 2005.

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 12 p.m. (noon) 
Monday, August 8, 2005, to 12 p.m. (noon), Wednesday, August 10, 2005.

Order No. 2005-05: Issued 2 p.m., August 9, 2005.

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 12:00 p.m. (noon) 
Wednesday, August 10, 2005, to 12 p.m. (noon), Saturday, August 13, 
2005.

Order No. 2005-06: Issued 1 p.m., August 12, 2005.

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 12 p.m. (noon) 
Saturday, August 13, 2005, to 12 p.m. (noon), Wednesday, August 17, 
2005.

Order No. 2005-07: Issued 2 p.m., August 19, 2005.

    Areas 4B, 5, and 6C: Open for drift gillnets from 12 p.m. (noon) 
Saturday, August 20, 2005, to 12 p.m. (noon), Tuesday, August 23, 2005.

Order No. 2005-08: Issued 3:30 p.m., August 22, 2005.

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 12 p.m. (noon) 
Tuesday, August 23, 2005, to 12:00 p.m. (noon), Saturday, August 27, 
2005.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Friday, August 
26, 2005, to 8 a.m., Saturday, August 27, 2005.
All Citizen Fisheries
    Areas 7 and 7A Gillnet: Open to fishing from 3 p.m. until 7 p.m. on 
Thursday, August 25, 2005.
    Areas 7 and 7A Reef Net: Open to fishing from 6 a.m. until 2 p.m. 
on Thursday, August 25, 2005.

Order No. 2005-09: Issued 1:30 p.m., August 26, 2005.

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 12 p.m. (noon), 
Saturday, August 27, 2005, to 12 p.m. (noon) Tuesday, August 30, 2005.
    Areas 6, 7, and 7A: Open to net fishing from 8 a.m., Saturday, 
August 27, 2005, to 9 p.m., Sunday, August 28, 2005.
All Citizen Fisheries
    Areas 7 and 7A Gillnet: Open to fishing from 2 p.m. until 8 p.m. on 
Monday, August 29, 2005.
    Areas 7 and 7 Purse Seine: Open to fishing from 8 a.m. until 6 p.m. 
on Monday, August 29, 2005.
    Areas 7 and 7A Reef Net: Open to fishing from 12 p.m. (noon) until 
6 p.m. on Monday, August 29, 2005.

Order No. 2005-10: Issued 12 p.m., September 2, 2005.

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 4 a.m., Saturday, 
September 3, 2005, to 12 p.m. (noon) Wednesday, September 7, 2005.
    Areas 6, 7, and 7A: Open for drift gillnets and purse seines from 4 
a.m., Saturday, September 3, 2005, to 9 p.m. Monday, September 5, 2005, 
in the area southerly and easterly of a straight line drawn from 
Iwersen's dock 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.
All Citizen Fisheries
    Areas 7 and 7A Gillnet: Open to fishing from 8 a.m. until 11:59 
p.m. (Midnight) on Tuesday, September 6, 2005, in the area southerly 
and easterly of a straight line drawn from Iwersen's dock 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.
    Areas 7 and 7A Purse Seine: Open to fishing from 5 a.m. until 9 
p.m. on Tuesday, September 6, 2005, in the area southerly and easterly 
of a straight line drawn from Iwersen's dock 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.

[[Page 69914]]

Order No. 2005-11: Issued 4 p.m., September 6, 2005.

All Citizen Fisheries
    Areas 7 and 7A Gillnet: Open to fishing from 8 a.m. until 11:59 
p.m. (Midnight) on both Wednesday, September 7, and Friday, September 
9, 2005.
    Areas 7 and 7A Purse Seine: Open to fishing from 5 a.m. until 9 
p.m. on both Wednesday, September 7, and Friday, September 9, 2005.
    Areas 7 and 7A Reef Net: Open to fishing from 5 a.m. until 9 p.m. 
on both Wednesday, September 7, and Friday, September 9, 2005.

Order No. 2005-12: Issued 12 p.m., September 9, 2005.

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 5 a.m., Saturday, 
September 10, 2005, to 9 p.m. Monday, September 12, 2005.
    Areas 6, 7, and 7A: Open for drift gillnets and purse seines from 5 
p.m., Saturday, September 10, 2005, to 9 p.m. Monday, September 12, 
2005.
All Citizen Fisheries
    Areas 7 and 7A Gillnet: Open to fishing from 8 a.m. until 11:59 
p.m. (Midnight) on both Tuesday, September 13, and Wednesday, September 
14, 2005.
    Areas 7 and 7A Purse Seine: Open to fishing from 5 a.m. until 9 
p.m. on both Tuesday, September 13, and Wednesday, September 14, 2005.
    Areas 7 and 7A Reef Net: Open to fishing from 5 a.m. until 9 p.m. 
on both Tuesday, September 13, and Wednesday, September 14, 2005.

Order No. 2005-13: Issued 12 p.m., September 12, 2005.

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Relinquish regulatory control effective 12:01 
a.m., Tuesday, September 13, 2005.Order No. 2005-14: Issued 12 p.m., 
September 16, 2005.
    The Fraser River Panel approved the following relinquishment of 
regulatory control in U.S. Puget Sound Panel waters:
    Areas 6, 6A, and 7: Relinquish regulatory control effective 12:01 
a.m., Saturday, September 17, 2005.
    Area 7A: Relinquish regulatory control in that portion of Area 7A 
lying east and south of a straight line drawn 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, 
effective 12:01 a.m., Saturday, September 17, 2005.
    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 
impracticable 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: November 14, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-22862 Filed 11-17-05; 8:45 am]
BILLING CODE 3510-22-S