[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Pages 56896-56897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15867]



[[Page 56896]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Action 7 - 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 closed areas and quota; request for comments.

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SUMMARY: NMFS announces that the recreational fishery from the U.S.-
Canada Border to Cape Falcon, OR was modified, effective Saturday, 
August 26, 2006, by transferring 2000 coho from the Westport subarea 
quota with a resulting increase in the La Push subarea quota of 1,140. 
This modified the Westport subarea quota for marked coho to 25,603 and 
the La Push subarea quota for marked coho to 3029. Also, the area from 
Tillamook Head to Cape Falcon, OR within the Columbia River subarea was 
open effective Saturday, August 26, 2006. This area will be open seven 
days per week with a modified daily bad limit as follows: all salmon, 
two fish per day; all retained coho must have a healed adipose fin 
clip. This area will remain open until September 30 or the coho or 
Chinook subarea quota is taken, whichever is first. 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 quota transfer and opening of the area from Tillamook Head 
to Cape Falcon, OR were effective 0001 hours local time (l.t.), 
Saturday, August, 26, 2006. These modifications were effective until 
the Chinook or coho quotas are taken or 2359 hours l.t. September 17 
for La Push and Westport subareas and September 30 for the Columbia 
River subarea, as announced for the 2006 ocean salmon fishing 
regulations. Once closed, the fisheries 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 13, 2006.

ADDRESSES: Comments on these actions must be mailed to D. Robert Lohn, 
Regional Administrator, Northwest Region, NMFS, NOAA, 7600 Sand Point 
Way NE., 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. 092106D] 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 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, 
with the area from Cape Falcon to Tillamook Head being closed beginning 
August 1. The La Push Subarea was opened Tuesday through Saturday, and 
the Westport and Columbia River Subareas were opened Sunday through 
Thursday. All subareas were restricted to a Chinook minimum size limit 
of 24 inches (61.0 cm) total length. In addition, the bag limits for 
these subareas 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. Previously, inseason action 4, which 
was effective Friday, August 11, 2006, modified the daily bag limit in 
these areas to all salmon, two fish per day and extended the number of 
fishing days in these areas to seven days per week, with the Neah Bay 
subarea having no chum retention through September 17, 2006.
    On August 25, 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 by conference call. It was determined that the catch was less 
than anticipated in the Columbia river subarea and that provisions 
designed to slow the catch could be modified. It was concluded that the 
transfer of marked coho quota from Westport to La Push, would benefit 
the La Push area fishery while not having an adverse effect on Westport 
fisheries. As a result, on August 25, 2006, the states recommended, and 
the RA concurred, that effective Saturday, August 26, 2006, there will 
be a transfer of 2000 coho from the Westport subarea with a resulting 
increase in the La Push subarea quota of 1,140. This modified the 
Westport subarea quota for marked coho to 25,603 and the La Push 
subarea quota for marked coho to 3029. Also, the area from Tillamook 
Head to Cape Falcon, OR within the Columbia River subarea was opened 
effective Saturday, August 26. This area was open seven days per week 
with a modified daily bag limit as follows: all salmon, two fish per 
day; all retained coho must have a healed adipose fin clip. This area 
remained open until September 30 or the coho or Chinook subarea quota 
is taken, whichever is first.
    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 quota is authorized by 
regulations at 50 CFR 660.409(b)(1)(i) and modification of closed areas 
is authorized at 50 CFR 660.409(b)(1)(v).
    The 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.

[[Page 56897]]

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 was 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 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.

    September 22, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E6-15867 Filed 9-27-06; 8:45 am]
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