[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Rules and Regulations]
[Pages 56408-56409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15872]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 060427113-6113-01; I.D. 092106B]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 9 - Adjustment of the 
Commercial Salmon Fishery from Cape Falcon, Oregon to U.S.-Canada 
Border

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

[[Page 56409]]


ACTION:  Modification of fishing season and quota; request for 
comments.

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SUMMARY:  NMFS announces that the commercial salmon fishery in the area 
from Cape Falcon, OR to U.S.-Canada border was modified such that the 
season was open from Friday, September 8, 2006, through Friday, 
September 15, 2006, with a modified landing and possession limit for 
the open period of 160 Chinook and 80 marked coho. This action was 
necessary to conform to the 2006 management goals, with the intended 
effect of allowing the fishery to operate within the seasons and quotas 
specified in the 2006, annual management measures.

DATES:  The modification of season and quota was effective 0001 hours 
local time (l.t.), September 8, 2006, through 2359 hours l.t., 
September 15, 2006, or until the Chinook or coho quotas were taken, 
which ever was earlier. After this time the fishery will remain closed 
until opened through an additional inseason action for the west coast 
salmon fisheries, which will 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 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. 
Comments can also be submitted via e-mail to [email protected] 
or through the internet at the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments, 
and include [060427113-6113-01 and/or I.D. 092106B] 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 
commercial fisheries in the area from the U.S.-Canada Border to Cape 
Falcon, Oregon. The fishery was open July 15 through the earlier of 
September 15 or an 11,550-preseason Chinook guideline or a 6,800-marked 
coho quota; the Cape Flattery and Columbia Control Zones was closed; 
open Saturday through Tuesday July 15 through August 1; fishing was 
open for all salmon; landing and possession limit of 35 Chinook and 35 
marked coho per vessel per 4-day open period; open August 5 through 
September 15; Saturday through Monday; all salmon except no chum 
retention north of Cape Alava, WA, in August and September; landing and 
possession limit of 30 Chinook and 40 marked coho per vessel per 3-day 
open period, gear restricted to 6 inch (15.24 cm) plugs or longer. 
Previous inseason actions had modified this area such that the fishery 
was open 4 days per week, Saturday through Tuesday, beginning August 19 
with an 80 Chinook landing and possession limit, and the 6 inch (15.24 
cm) plug gear restriction was eliminated.
    On September 6, 2006, the Regional Administrator (RA) consulted 
with representatives of the Pacific Fishery Management Council, 
Washington Department of Fish and Wildlife and Oregon Department of 
Fish and Wildlife. 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. As a result, the State of 
Washington recommended, and the Regional Administrator concurred, that 
the area from the U.S.-Canada Border to Cape Falcon, OR would be open 
from September 8 through September 15 with a landing and possession 
limit of 160 Chinook and 80 marked coho. All other restrictions that 
apply to this fishery remained in effect as announced in the 2006 
annual management measures and previous inseason actions.
    The Regional Administrator determined that the best available 
information indicated that the catch and effort data supported the 
above inseason action recommended by the state. 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 time 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 (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 agency 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 closure 
had to be implemented to avoid exceeding the quota. Because of the rate 
of harvest in this fishery, failure to modify the fishing schedule 
would have allowed the quota to be further exceeded, resulting in fewer 
spawning fish and possibly reduced yield of the stocks in the future. 
For the same reasons, the AA also found 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: September 22, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E6-15872 Filed 9-26-06; 8:45 am]
BILLING CODE 3510-22-S