[Federal Register Volume 71, Number 53 (Monday, March 20, 2006)]
[Rules and Regulations]
[Pages 13942-13943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2654]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 050426117-5117-01; I.D. 031406F]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action - 1 - Adjustment of 
the Commercial and Recreational Fisheries from Cape Falcon, Oregon, to 
Point Sur, California

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

ACTION:  Temporary rule; closure; request for comments.

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SUMMARY:  NMFS announces the closure of several commercial and 
recreational fisheries in areas extending from Cape Falcon, OR, to 
Point Sur, CA by inseason action. The recently developed preseason 
forecast for Klamath River fall Chinook (KRFC) is low such that the 
expected return in 2006 is significantly less than the 35,000 natural 
spawner escapement floor established in the Pacific Coast Salmon 
Fishery Management Plan (FMP). All other regulations remain in effect 
as announced in the 2005 annual management measures for ocean salmon 
fisheries. This action is necessary to conform to the conservation 
objectives specified in the FMP.

DATES:  Openings scheduled for commercial salmon fisheries in the 
Newport, Coos Bay, OR, Klamath Management Zone (KMZ), and Fort Bragg, 
CA, management areas identified below are closed effective 0001 hours 
local time (l.t.) March 15, 2006, until 2359 hours l.t., on April 30, 
2006. The recreational salmon fisheries scheduled to open in the San 
Francisco, CA, management area, and in the area from Pigeon Point to 
Point Sur, CA, effective 0001 hours l.t., April 1, 2006, until 2359 
hours l.t., April 30, 2006 are closed. The recreational fishery opening 
in the area from Point Sur, CA, to the U.S.-Mexico Border will open as 
scheduled on April 1, 2006. Comments must be received no later than 
April 4, 2006.

ADDRESSES:  Comments on these actions 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, Regional Administrator, Southwest Region, NMFS, NOAA, 501 
W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4132; or faxed to 562-
980-4018. Comments can also be submitted via e-mail at the 
[email protected] address, or through the internet at the 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments,

[[Page 13943]]

and include [docket number and/or RIN number] 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:  Peter Dygert, 206-526-6734.

SUPPLEMENTARY INFORMATION: In the 2005 annual management measures for 
ocean salmon fisheries (70 FR 23054, May 4, 2005), NMFS announced 
management measures for the commercial salmon fishery in the areas from 
Cape Falcon to Florence South Jetty, OR (Newport), Florence South Jetty 
to Humbug Mountain, OR (Coos Bay), Humbug Mountain to the Oregon-
California Border (Oregon KMZ), and Horse Mountain, CA to Point Arena, 
CA (Fort Bragg). For each of these areas the management measures 
specified that: ``In 2006, the season will open March 15 for all salmon 
expect coho, with a 27-inch (68.6-cm) Chinook minimum size limit.'' 
Management measures for recreational fisheries in the areas from Point 
Arena to Pigeon Point, CA (San Francisco) and from Pigeon Point to the 
U.S.-Mexico Border specified that: ``In 2006, the season will open 
April 1 for all salmon except coho, two fish per day (C.1), Chinook 
minimum size limit 20 inches (50.8 cm) total length (B), and the same 
gear restrictions as in 2005 (C.2, C.3).'' Exact boundaries of these 
areas are described in the 2005 management measures cited below.
    Information related to the status of KRFC became available in 
February 2006 and was considered at the March Council meeting. The 
conservation objective for KRFC requires a return of 33-34 percent of 
potential adult spawners, but no fewer that 35,000 naturally spawning 
adults, be achieved in any one year. The preseason forecast for KRFC 
indicates that, if the ocean fishery is closed between Cape Falcon, OR 
and Point Sur, CA through August 2006, and the tribal and recreational 
fisheries in the Klamath River are closed for the remainder of the 
year, the expected number of natural area adult spawners would be 
approximately 29,000. Under the Salmon FMP a ``conservation alert'' is 
triggered when a stock is projected to fall below its conservation 
objective. Under such circumstances the Council is required to close 
salmon fisheries within Council jurisdiction that impact the stock.
    The escapement of KRFC also fell below the 35,000-escapement floor 
in 2004 and 2005. The FMP provides that an ``overfishing concern'' is 
triggered if postseason estimates indicate that a natural stock has 
failed to achieve its conservation objective in three consecutive 
years. If KRFC fail to meet the 35,000 fish escapement floor in 2006, 
as indicated by postseason estimates that will become available early 
next year, an overfishing concern would be triggered, and the Council 
would be required to complete a formal review within one year and 
develop an associated rebuilding plan.
    Late season ocean fisheries that occur from September to November 
are expected to catch immature KRFC, some of which would spawn in the 
following year. Late season fisheries occurred in 2005 consistent with 
the 2005 management measures, but caught more KRFC than anticipated. 
The estimated late season catch of KRFC in 2005 was approximately 
6,100. Council fisheries are managed to achieve 50:50 tribal:non-tribal 
sharing of adult harvest. Despite the fact that the forecast now 
available indicates that the run size is such that the escapement floor 
will not be met in 2006, some non-tribal ocean catch has already 
occurred, as explained above, and there will likely be additional 
harvest by the tribes targeting their allocation. Any additional 
harvest in ocean fisheries would further reduce the run size and 
provide further expectations for tribal catch.
    The Regional Administrator consulted with the Council, including 
representation of the Oregon Department of Fish and Wildlife and 
California Department of Fish and Game, during the March 2006 Council 
meeting. Information related to the status of KRFC and catch to date 
indicated that restricting the fisheries scheduled to occur before May 
1 was necessary to avoid further reductions in the escapement of KRFC 
that were already projected to return below the 35,000-fish spawning 
escapement floor. Based on the available information, the Council 
recommended that the commercial and recreational salmon fisheries 
described above be closed by inseason action, and the Regional 
Administrator concurred with the Council's recommendation. The states 
manage the fisheries in state waters adjacent to the areas of the U.S. 
exclusive economic zone consistent with these Federal actions. As 
provided by the inseason notice procedures of 50 CFR 660.411, actual 
notice to fishers of the previously described action was given, prior 
to the date the action was effective, 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 (70 FR 23054, May 4, 2005), the FMP, and regulations 
implementing the FMP 50 CFR 660.409 and 660.411. Prior notice and 
opportunity for public comment was impracticable because NMFS and the 
state agencies had insufficient time to provide for prior notice and 
the opportunity for public comment between the time information 
regarding the projected escapement of KRFC and the estimates of the 
impacts of the scheduled March and April fisheries on the KRFC were 
available to the fishery managers and March 15, when the fishery 
closures had to be effective in order to prevent the additional KRFC 
harvest. The AA also finds good cause to waive the 30-day delay in 
effectiveness required under U.S.C. 553(d)(3), as a delay in 
effectiveness of these actions would result in further reductions to 
the spawning escapement of KRFC that are already expected to return 
below the 35,000 fish spawning escapement floor.
    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: March 15, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-2654 Filed 3-15-06; 2:06 pm]
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