[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Pages 56897-56898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15952]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

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


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Actions 5 and 6 - 
Modifications of the Commercial Salmon 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, landing and possession limits 
and gear restrictions; request for comments.

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SUMMARY: NMFS announces that the commercial fishery from the U.S.-
Canada Border, to Cape Falcon, Oregon was modified by two inseason 
actions. Inseason action 5 increased the landing and 
possession limit to 60 Chinook per vessel per open period effective 
Saturday, July 29, 2006. Inseason action 6 increased the 
landing and possession limit for Chinook in the area north of Cape 
Falcon, OR to the US Canada border to 80 fish per vessel per open 
period, increased the number of fishing days to 4 days, Saturday 
through Tuesday, and eliminated the 6 inch (15.24 cm) plug gear 
restriction effective Saturday, August 19, 2006. All other restrictions 
remained in effect as announced for the 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.

DATES: Inseason action 5, the modified landing and possession 
limit of 60 Chinook per open period in the area from the U.S.-Canada 
border to Cape Falcon, Oregon, was effective 0001 hours local time 
(l.t.), Saturday, July, 29, 2006. Inseason action 6, which 
increased the landing and possession limit for Chinook to 80 fish per 
vessel per open period for the remainder of the season, increased the 
number of fishing days to 4 days, Saturday through Tuesday, and 
eliminated the 6 inch (15.24 cm) plug gear restriction, was effective 
0001 hours local time (l.t.) Saturday, August 19, 2006. These 
modifications were effective until the Chinook or coho quotas were 
taken, or 2359 hours l.t., September 15, 2006, which ever was earlier. 
After this time the fisheries remain 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 13, 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 Docket number 060427113-6113-01 
and/or I.D. 092006E] 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 area from Cape Flattery and Columbia Control Zones 
closed; open Saturday through Tuesday July 15 through August 1; 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 plugs or longer.
    On July 27, 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. Information related to catch to date, the 
Chinook and coho catch rates, and effort data indicated

[[Page 56898]]

that the catch was less than anticipated preseason and that provisions 
designed to slow the catch of Chinook could be modified, by increasing 
the landing and possession limits. As a result, on July 27, 2006, the 
states recommended, and the RA concurred, that effective Saturday, July 
29, 2006, the landing and possession limit for Chinook would be 
increased to 60 fish per vessel per open period until the earlier of 
September 15 or the available quota for Chinook was taken. 
Subsequently, on August 11, 2006, the RA consulted with the above 
mentioned parties and determined that previous inseason actions and 
provisions could be modified further. As a result the states 
recommended and the RA concurred, that effective Saturday, August 19, 
2006, in the area north of Cape Falcon, OR to the US Canada border the 
landing and possession limit for Chinook would be increased to 80 fish 
per vessel per open period for the remainder of the season, the number 
of fishing days per week would be increased to 4 days, Saturday through 
Tuesday, and the 6 inch (15.24 cm) plug gear restriction would be 
eliminated. These actions were necessary to conform to the 2006 
management goals. The intended effect was to allow the fishery to 
operate within the seasons and quotas specified in the 2006 annual 
management measures. Modification in quota and/or fishing seasons is 
authorized by regulations at 50 CFR 660.409(b)(1)(i) gear modifications 
are authorized by regulation at 50 CFR 660.409(b)(1)(iv).
    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.

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 
restricting the fishery. 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. E6-15952 Filed 9-27-06; 8:45 am]
BILLING CODE 3510-22-S