[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Rules and Regulations]
[Pages 55707-55708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19368]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070430095-7095-01]
RIN 0648-XC69


Fisheries Off West Coast States and in the Western Pacific; 
Modifications of the West Coast Commercial Salmon Fishery; Inseason 
Action 5, 6 and 7

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 three inseason actions in the ocean 
salmon fisheries. Inseason action 5, in the commercial fishery 
in the area from the Humbug Mountain, Oregon, to the Oregon-California 
Border (Oregon KMZ subarea), closed the fishery effective Tuesday, 
August 14, 2007. Inseason action 6, in the recreational 
fishery in the area from the U.S.-Canada Border to Leadbetter Point, 
Washington, (Neah Bay, La Push and Westport subareas), expanded the 
fishing days from 2 to 7 days per week effective Friday, August 17, 
2007. Inseason action 7, in the commercial fishery from Cape 
Falcon, Oregon, to Humbug Mountain, Oregon, closed the non-selective 
coho fishery effective 11:59 p.m. Monday, August 20, 2007. All other 
restrictions and regulations remained in effect as announced for the 
2007 Ocean Salmon Fisheries and previous inseason actions.

DATES: Inseason action 5 was effective at 1200 hours local 
time (l.t.) Tuesday, August 14, 2007. Inseason action 6 was 
effective 0001 hours l.t. Friday, August 17, 2007. Inseason action 
7 was effective 1159 hours l.t. Monday, August 20, 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-XC69 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 the 
Oregon-California Border and recreational fisheries from the U.S.-
Canada border to Humbug Mountain, Oregon. Commercial fisheries in the 
area from Humbug Mountain to the Oregon-California Border were open 
from August 1 through the earlier of August 29, or the attainment of a 
1,800-Chinook quota. Fishing was open for all salmon except coho. 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 from the U.S.-Canada border to Leadbetter Point, Washington, 
was open 2 days per week with the Neah Bay and La Push areas being open 
Tuesday through Saturday and the Westport area open Sunday through 
Thursday.
    On August 13, 2007, for inseason action 5, August 15, 
2007, for inseason action 6, and August 17, 2007 for inseason 
action 7 the Regional Administrator (RA) consulted with 
representatives of the Pacific Fishery Management Council, Washington 
Department of Fish and Wildlife, California Department of Fish and Game 
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 5 was taken because the quota in the 
area was projected to be met and in order to operate the fishery within 
the 2007 regulations 2007 the fishery had to be closed. Inseason action 
6 was taken because catch data indicated an increase in the 
number of days allowed in the fishery would attempt to provide the 
opportunity for the full quota to be taken within the scheduled season. 
Inseason action 7 was taken because the non-selective fishery 
was approaching the quota and to attempt to ensure the quota was not 
exceeded the fishery had to be closed.
    As a result, on August 13, 15, and 17, 2007, the states 
recommended, and the RA concurred: Inseason action 5 would 
close the commercial fishery in the area from the Humbug Mountain, 
Oregon to the Oregon-California Border, effective Tuesday, August 14, 
2007. Inseason action 6 in the recreational fishery would 
increase the number of fishing days per period from 2 to 7 days per 
period in the area from the U.S.-Canada Border to Leadbetter Point, 
Washington, effective Friday, August 17, 2007. Inseason action 
7 in the commercial non-selective coho fishery would close 
from Cape Falcon, Oreon, to Humbug Mountain, Oregon, effective 11:59 
p.m. Monday August 20, 2007. 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.

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

[[Page 55708]]

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. E7-19368 Filed 9-28-07; 8:45 am]
BILLING CODE 3510-22-S