[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Rules and Regulations]
[Pages 55709-55710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19367]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070430095-7095-01]
RIN 0648-XC77


Fisheries Off West Coast States and in the Western Pacific; 
Modifications of the West Coast Commercial Salmon Fishery; Inseason 
Action 10 and 11.

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.

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SUMMARY: NOAA Fisheries announces two inseason actions in the ocean 
salmon fisheries. Inseason action 10 modified the recreational 
fishery from Queets River, Washington, to Cape Falcon, Oregon (Westport 
and Columbia River subareas)and inseason action 11 modified 
the commercial fishery from the Oregon-California border to Humboldt 
South Jetty, California (California KMZ subarea). Inseason action 
10 transferred 10000 coho from the Westport subarea to the 
Columbia River subarea with a resulting increase in the Columbia river 
subarea coho quota of 8400. Inseason action 11 closed the 
California KMZ subarea to ocean salmon fishing effective 11:59 p.m. 
Wednesday, September 12, 2007. All other restrictions and regulations 
remained in effect as announced for the 2007 ocean salmon fisheries and 
previous inseason actions.

DATES: Inseason action 10 was effective at 0001 hours local 
time (l.t.) Sunday, September 2, 2007. Inseason action 9 was 
effective at 11:59 l.t. Wednesday, September 12, 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 
recreational fisheries from Queets River, Washington, to Cape Falcon, 
Oregon and commercial fisheries from the Oregon-California border to 
Humboldt South Jetty. 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. The 
commercial fishery in the California KMZ subarea was open September 10 
through the earlier of September 30, or the attainment of the 6,000 
Chinook quota.
    On August 30, 2007, for inseason action 10 and September 
12, 2007, for 11, the Regional Administrator (RA) consulted 
with representatives of the Pacific Fishery Management Council, 
Washington Department of Fish and Wildlife, Oregon Department of Fish 
and Wildlife and California Department of Fish and Game. Information 
related to catch to date, Chinook and coho catch rates, and effort data 
were reported. Inseason action 10 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 11 was 
taken because catch data indicated the quota was projected to be met 
well before the closing date in the area. The intent of these actions 
was to provide the opportunity for the full quota to be taken within 
the scheduled season.
    As a result, on August 30, 2007, for inseason 10 and 
September 12, 2007, for inseason 11, the states recommended, 
and the RA concurred that inseason action 8 would be effective 
Sunday, September 23, 2007, with a with a transfer of 10,000 coho from 
the Westport subarea resulting in an increase in the Columbia River 
subarea quota of 8,400. This modified the Westport subarea quota to 
28,510 and the Columbia River subarea quota to 71,450. Inseason action 
11 closed the area from the U.S.-Canada border to Humboldt 
South Jetty, California to commercial ocean salmon fishing. 
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

[[Page 55710]]

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 (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. E7-19367 Filed 9-28-07; 8:45 am]
BILLING CODE 3510-22-S