[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Rules and Regulations]
[Pages 56409-56411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15870]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 060427113-6113-01; I.D.092006D]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 4 - Adjustments of the 
Recreational Fishery from U.S.-Canada Border, to Cape Falcon, Oregon

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

ACTION: Modification of fishing seasons; request for comments.

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[[Page 56410]]

SUMMARY: NMFS announced that the recreational fishery from the U.S.-
Canada Border, to Cape Falcon, OR was modified, effective Friday, 
August 11, 2006, in the following subareas: the La Push, Westport, and 
Columbia River Subarea's were open seven days per week, with a modified 
daily bag limit as follows: All salmon, two fish per day. The Neah Bay 
Subarea was open seven days per week with a modified daily bag limit as 
follows: All salmon, two fish per day, except no chum retention through 
September 17, 2006. All other restrictions remained in effect as 
announced for 2006 Ocean Salmon Fisheries. This action was necessary to 
conform to the 2006 management goals, and the intended effect was to 
allow the fishery to operate within the seasons and quotas specified in 
the 2006 annual management measures.

DATES: The modification of fishing days and daily bag limit was 
effective 0001 hours local time (l.t.), Friday, August 11, 2006, in the 
La Push, Westport, and Neah Bay Subarea's until the Chinook quotas or 
coho quotas are taken, or 2359 hours l.t., September 17, 2005, 
whichever is earlier. Effective 0001 hours local time (l.t.), Friday, 
August 11, 2006, in the Columbia River Subarea until the Chinook quota 
or coho quota is taken, or 2359 hours l.t., September 30, 2006, 
whichever is earlier; after which the fisheries remained closed until 
opened through an additional inseason action for the west coast salmon 
fisheries, which would be published in the Federal Register, or until 
the effective date of the next scheduled open period announced in the 
2006 annual management measures.
    Comments will be accepted through October 12, 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. 
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, and include the docket number 
060427113-6113-01 and/or I.D. 092006D] 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: Sarah McAvinchey, 206-526-4323.

SUPPLEMENTARY INFORMATION: In the 2006 annual management measures for 
ocean salmon fisheries (71 FR 26254, May 4, 2006), NMFS announced the 
recreational fisheries: the area from the U.S.-Canada Border to Cape 
Alava, WA (Neah Bay Subarea) opened June 30 through the earlier of 
September 17 or a 7,058-marked coho subarea quota with a subarea 
guideline of 3,200 Chinook; the area from Cape Alava to Queets River, 
WA (La Push Subarea) opened June 30 through the earlier of September 17 
or a 1,889-marked coho subarea quota with a subarea guideline of 1,300 
Chinook; the area from Queets River to Leadbetter Point, WA (Westport 
Subarea) opened July 3 through the earlier of September 17 or a 27,603-
marked coho subarea quota with a subarea guideline of 18,100 Chinook; 
the area from Leadbetter Point, WA to Cape Falcon, OR (Columbia River 
Subarea) opened July 3 through the earlier of September 30 or a 36,600 
marked coho subarea quota with a subarea guideline of 8,300 Chinook. 
The Neah Bay and La Push Subareas were open Tuesday through Saturday, 
and the Westport and Columbia River Subareas were open Sunday through 
Thursday. All subareas were restricted to a Chinook minimum size limit 
of 24 inches (61.0 cm) total length. In addition, the subarea bag 
limits were for all salmon, two fish per day, no more than one of which 
may be a Chinook, with all retained coho required to have a healed 
adipose fin clip, and the Neah Bay subarea had a no chum retention 
requirement from August 1 through September 17.
    On July 24, 2006, the RA 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 
rates, and effort data indicated that the catch was less than 
anticipated preseason and that provisions designed to slow the catch of 
Chinook could be modified, by relaxing the bag limits and fishing days 
per calendar provisions. As a result, on July 24, 2006, the states 
recommended, and the RA concurred, that effective Friday, August 11, 
2006, the La Push, Westport, and Columbia River Subarea's would be open 
seven days per week, with a modified daily bag limit as follows: All 
salmon, two fish per day. The RA also concurred that the Neah Bay 
Subarea would be open seven days per week with a modified daily bag 
limit as follows: All salmon, two fish per day, except no chum 
retention through September 17, 2006. All other restrictions remained 
in effect as announced for 2006 Ocean Salmon Fisheries. These actions 
were necessary to conform to the 2006 management goals, and the 
intended effect was to allow the fishery to operate within the seasons 
and quotas specified in the 2006 annual management measures. 
Modification in recreational bag limits and recreational fishing days 
per calendar week is authorized by regulations at 50 CFR 
660.409(b)(1)(iii).
    The Regional Administrator, (RA) determined that the best available 
information indicated that the catch and effort data, and projections, 
supported the above inseason actions 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 these Federal 
actions. As provided by the inseason notice procedures of 50 CFR 
660.411, actual notice to fishers of the already described regulatory 
actions were 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. These actions do 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 the regulatory actions were provided 
to fishers through telephone hotline and radio notification. These 
actions comply with the requirements of the annual management measures 
for ocean salmon fisheries (71 FR 26254, May 4, 2006), 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 had 
insufficient time to provide for prior notice and the opportunity for 
public comment between the time the fishery catch and effort data were 
collected to determine the extent of the fisheries, and the time the 
fishery modifications had to be implemented in order to allow fishers 
access to the available fish at the time the fish were available. 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

[[Page 56411]]

these actions would limit fishers appropriately controlled access to 
available fish during the scheduled fishing season by unnecessarily 
maintaining two restrictions. These actions are authorized by 50 CFR 
660.409 and 660.411 and are exempt from review under Executive Order 
12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 22, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E6-15870 Filed 9-26-06; 8:45 am]
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