[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Rules and Regulations]
[Pages 55708-55709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19358]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070430095-7095-01]
RIN 0648-XC71


Fisheries Off West Coast States and in the Western Pacific; 
Modifications of the West Coast Commercial Salmon Fishery; Inseason 
Action 8 and 9

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

ACTION: Modification of fishing seasons, landing and possession limits; 
request for comments.

-----------------------------------------------------------------------

SUMMARY: NOAA Fisheries announces two inseason actions in the ocean 
salmon fisheries. Inseason action 8 modified the recreational 
fishery from Queets River, Washington, to Cape Falcon, Oregon (Westport 
and Columbia River subareas)and inseason action 9 modified the 
commercial fishery from Cape Falcon, Oregon, to Humbug Mountain, 
Oregon. Inseason action 8 transferred 5000 coho from the 
Westport subarea to the Columbia River subarea with a resulting 
increase in the Columbia river subarea quota of 4250 coho. Inseason 
action 9 reopened the non-selective coho fishery from August 
25-28, 2007. All other restrictions and regulations remained in effect 
as announced for the 2007 ocean salmon fisheries and previous inseason 
actions.

DATES: Inseason action 8 was effective at 0001 hours local 
time (l.t.) Thursday, August 23, 2007. Inseason action 9 was 
effective from 0001 l.t. Saturday, August 25 through Tuesday August 28, 
2007.
    Comments will be accepted through October 16, 2007.

ADDRESSES: Comments on these actions must be mailed to D. Robert Lohn, 
Regional Administrator, Northwest Region, NMFS, 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 on the internet at the Federal 
eRulemaking Portal: http://www.regulations.gov. Follow the instructions 
for submitting comments, and include 0648-XC71 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 2007 annual management measures for 
ocean salmon fisheries (72 FR 24539, May 3, 2007), NMFS announced the 
commercial fisheries in the area from Cape Falcon, Oregon, to Humbug 
Mountain, Oregon, and recreational fisheries from Queets River, 
Washington, to Cape Falcon, Oregon. The commercial non-selective coho 
fishery in the area from Cape Falcon, Oregon, to Humbug Mountain, 
Oregon, was open August 15 through the earlier of September 13 or the 
attainment of a 10,000 non-mark-selective coho quota. The non-selective 
coho quota of 10,000 includes the entire area from Cape Falcon to 
Humbug Mountain. The recreational fishery in the Westport subarea had a 
43,510 marked coho subarea quota. The recreational fishery in the 
Columbia River subarea had a 58,800 marked coho subarea quota.
    On August 22, 2007, for inseason action 8 and 9 
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, Chinook and coho catch rates, and effort data 
were reported. Inseason action 8 was taken because the coho 
quota in the Columbia river subarea was projected to be met and in 
order to operate the fishery within the 2007 regulations a transfer 
from the Westport area was necessary. Inseason action 9 was 
taken because catch data indicated there was still quota available to 
be taken within the scheduled season, this fishery was previously 
closed because the quota was projected to be met. These action 
attempted to provide the opportunity for the full quota to be taken 
within the scheduled season.
    As a result, on August 22, 2007, the states recommended, and the RA 
concurred that inseason action 8 would be effective Thursday, 
August 23, 2007 with a transfer of 5,000 coho from the Westport subarea 
resulting in an increase in the Columbia River subarea quota of 4,250. 
This modified the Westport subarea quota to 38,510 and the Columbia 
River subarea quota to 63,050. The Columbia River subarea was also 
closed effective 11:59 p.m. Saturday, August 25, 2007. Inseason action 
9 reopened the non-selective coho fishery effective from 
Saturday, August 25 to Tuesday, August 28, with a landing and 
possession limit of 50 coho per vessel per week, as previously 
announced. Modification in quota and/or fishing seasons is authorized 
by regulations at 50 CFR 660.409(b)(1)(i).
    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 of the 
described regulatory actions 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. These actions do not apply to other fisheries 
that may be operating in other areas.

[[Page 55709]]

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 (72 FR 24539, May 3, 2007), 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 25, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-19358 Filed 9-28-07; 8:45 am]
BILLING CODE 3510-22-S