[Federal Register Volume 72, Number 209 (Tuesday, October 30, 2007)]
[Rules and Regulations]
[Pages 61307-61309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21329]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XD05


Fraser River Sockeye and Pink Salmon Fisheries; Inseason Orders

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

ACTION: Temporary orders; inseason orders; request for comments.

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SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate 
salmon fisheries in U.S. waters. The orders were issued by the Fraser 
River Panel (Panel) of the Pacific Salmon Commission (Commission) and 
subsequently approved and issued by NMFS during the 2007 salmon 
fisheries within the U.S. Fraser River Panel Area. These orders 
established fishing dates, times, and areas for the gear types of U.S. 
treaty Indian and all citizen fisheries during the period the Panel 
exercised jurisdiction over these fisheries.

DATES: The effective dates for the inseason orders are set out in this 
document under the heading Inseason Orders. Comments will be accepted 
through November 14, 2007.

ADDRESSES: You may submit comments, identified by 0648-XD05 by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov
     Fax: 206-526-6736
     Mail: NMFS NWR, 7600 Sand Point Way Ne, Seattle, WA, 
98115.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Sarah McAvinchey, by phone at 206-526-
4323, [email protected]

SUPPLEMENTARY INFORMATION: The Treaty between the Government of the 
United States of America and the Government of Canada concerning 
Pacific Salmon was signed at Ottawa on January 28, 1985, and 
subsequently was given effect in the United States by the Pacific 
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
    Under authority of the Act, Federal regulations at 50 CFR part 300, 
subpart F provide a framework for the implementation of certain 
regulations of the Commission and inseason orders of the Commission's 
Fraser River Panel for U.S. sockeye and pink salmon fisheries in the 
Fraser River Panel Area.
    The regulations close the U.S. portion of the Fraser River Panel 
Area to U.S. sockeye and pink salmon fishing unless opened by Panel 
orders that are given effect by inseason regulations published by NMFS. 
During the fishing season, NMFS may issue regulations that establish 
fishing times and areas consistent with the Commission agreements and 
inseason orders of the Panel. Such orders must be consistent with 
domestic legal obligations and are issued by Regional Administrator, 
Northwest Region, NMFS. Official notification of these inseason actions 
is provided by two telephone hotline numbers described at 50 CFR 
300.97(b)(1). The inseason orders are published in the Federal Register 
as soon as practicable after they are issued. Due to the frequency with 
which inseason orders are issued, publication of individual orders is 
impractical. Therefore, the 2007 orders are being published in this 
single document to avoid fragmentation.

Inseason Orders

    The following inseason orders were adopted by the Panel and issued 
for U.S. fisheries by NMFS during the 2007 fishing season. Each of the 
following inseason actions was effective upon announcement on telephone 
hotline numbers as specified at 50 CFR 300.97(b)(1); those dates and 
times are listed herein. The times listed are local times, and the 
areas designated are Puget Sound Management and Catch Reporting Areas 
as defined in the Washington State Administrative Code at Chapter 220-
22:

[[Page 61308]]

Order No. 2007-01: Issued 9 a.m., August 22, 2007

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets for the retention of 
pink salmon only from 12 p.m. (noon) Thursday, August 23, 2007, to 12 
p.m. Saturday August 25, 2007.
All Citizen Fisheries
    Areas 7 and 7A Reef Net: Open to pink salmon fishing with non 
retention of sockeye from 5 a.m. to 9 p.m. on Thursday, August 23 and 
Friday, August 24, 2007 and 5 a.m. to 12 p.m. (noon) on Saturday August 
25, 2007.

Order No. 2007-02: Issued 3 p.m., August 24, 2007

Treaty Indian Fisheries
    Areas 4B, 5 and 6C: Extended for drift gillnets for pink salmon 
from 12 p.m. (noon), Saturday, August 25, 2007, to 12 p.m. (noon) 
Wednesday, August 29, 2007.
    Areas 6, 7, and 7A: Open to net fishing for pink salmon from 5 
a.m., Sunday, August 26, 2007, to 9 p.m. Monday, August 27, 2007, 
southerly and easterly of a straight line drawn from the Iwersen's Dock 
on Point Roberts in the State of Washington to the Georgina Point Light 
at the entrance to Active Pass in the Province of British Columbia.
All Citizen Fisheries
    Areas 7 and 7A open to pink salmon fishing with non retention of 
sockeye and with the East Point line restriction in effect: That 
portion of area 7A that lies northerly and westerly of a straight line 
drawn from the low water range marker in Boundary Bay on the 
International Boundary through the east tip of Point Roberts in the 
State of Washington to the East Point light on Saturna Island in the 
Province of British Columbia will remain closed (East Point line 
closure).
    Reef Net: Open 5:00 a.m. to 9:00 p.m. on Saturday, August 25, 2007, 
5:00 a.m. to 9:00 p.m. Sunday August 26, 2007 and 5:00 a.m. to 9:00 
p.m. Tuesday August 28, 2007.
    Purse Seine: Open 5:00 a.m. to 9:00 p.m. Tuesday August 28, 2007.
    Gillnet: Open 8:00 a.m. to 11: 59 p.m. Tuesday August 28, 2007.

Order No. 2007-03: Issued 11:45 a.m., August 4, 2007

Treaty Indian Fisheries
    Areas 4B, 5 and 6C: Extended for drift gillnets for pink salmon 
from 12 p.m. (noon) Wednesday, August 29, 2007, to 12 p.m. (noon) 
Saturday, September 1, 2007.
    Areas 6, 7, and 7A: Open to net fishing for pink salmon from 5 
a.m., Thursday, August 30, 2007, to 9 p.m. Friday, August 31, 2007, 
southerly and easterly of a straight line drawn from the Iwersen's Dock 
on Point Roberts in the State of Washington to the Georgina Point Light 
at the entrance to Active Pass in the Province of British Columbia.
All Citizen Fisheries
    Areas 7 and 7A open to pink salmon fishing with non retention of 
sockeye and with the East Point line restriction in effect: That 
portion of area 7A that lies northerly and westerly of a straight line 
drawn from the low water range marker in Boundary Bay on the 
International Boundary through the east tip of Point Roberts in the 
State of Washington to the East Point light on Saturna Island in the 
Province of British Columbia will remain closed (East Point line 
closure).
    Reef Net: Open 5 a.m. to 9 p.m. on Wednesday, August 29, 2007.
    Purse Seine: Open 5 a.m. to 9 p.m. Wednesday, August 29, 2007.
    Gillnet: Open 8 a.m. to 11: 59 p.m. Wednesday, August 29, 2007.

Order No. 2007-04: Issued 2 p.m., August 31, 2007

Treaty Indian Fisheries
    Areas 4B, 5 and 6C: Extended for drift gillnets for pink salmon 
from 12 (noon) Saturday, September 1, 2007, to 12 p.m. (noon) 
Wednesday, September 5, 2007.
    Areas 6, 7, and 7A: Open to net fishing for pink salmon from 5 a.m. 
Saturday September 1, 2007, to 9 p.m. Monday, September 3, 2007, 
southerly and easterly of a straight line drawn from the Iwersen's Dock 
on Point Roberts in the State of Washington to the Georgina Point Light 
at the entrance to Active Pass in the Province of British Columbia.
All Citizen Fisheries
    Areas 7 and 7A open to pink salmon fishing with non retention of 
sockeye and with the East Point line restriction in effect: That 
portion of area 7A that lies northerly and westerly of a straight line 
drawn from the low water range marker in Boundary Bay on the 
International Boundary through the east tip of Point Roberts in the 
State of Washington to the East Point light on Saturna Island in the 
Province of British Columbia will remain closed (East Point line 
closure).
    Reef Net: Open 5 a.m. to 9 p.m. on Saturday September 1, 2007, 5 
a.m. to 9 p.m. on Sunday September 2, 2007, and 5 a.m. to 9 p.m. on 
Monday September 3, 2007.
    Purse Seine: Open 5 a.m. to 9 p.m. on Saturday September 1, 2007, 
and 5 a.m. to 9 p.m. on Sunday September 2, 2007.
    Gillnet: Open 8 a.m. to 11:59 p.m. on Saturday September 1, 2007, 8 
a.m. to 11:59 p.m. on Sunday September 2, 2007.
    Order No. 2007-05: Issued 12 p.m., September 3, 2007.
Treaty Indian Fisheries
    Areas 4B, 5 and 6C: Extended for drift gillnets for pink salmon 
from 12 p.m. (noon) Wednesday, September 5, 2007, to 12 (noon)Thursday 
September 6, 2007.
    Areas 6, 7, and 7A: Open to net fishing for pink salmon from 9 p.m. 
Monday, September 3, 2007, to 9 p.m. Wednesday, September 5, 2007, 
southerly and easterly of a straight line drawn from the Iwersen's Dock 
on Point Roberts in the State of Washington to the Georgina Point Light 
at the entrance to Active Pass in the Province of British Columbia.
All Citizen Fisheries
    Areas 7 and 7A open to pink salmon fishing with non retention of 
sockeye and with the East Point line restriction in effect: That 
portion of area 7A that lies northerly and westerly of a straight line 
drawn from the low water range marker in Boundary Bay on the 
International Boundary through the east tip of Point Roberts in the 
State of Washington to the East Point light on Saturna Island in the 
Province of British Columbia will remain closed (East Point line 
closure).
    Reef Net: Open 5 a.m. to 9 p.m. on Tuesday September 4, 2007, and 5 
a.m. to 9 p.m. on Wednesday September 5, 2007.
    Purse Seine: Open 5 a.m. to 9 p.m. on Tuesday September 4, 2007, 
and 5 a.m. to 9 p.m. on Wednesday September 5, 2007.
    Gillnet: Open 8 a.m. to 11:59 p.m. on Tuesday September 4, 2007 and 
8 a.m. to 11:59 p.m. on Wednesday September 5, 2007.

Order No. 2007-06: Issued 3 p.m., September 5, 2007.

Treaty Indian Fisheries
    Areas 4B, 5 and 6C: Extended for drift gillnets for pink salmon 
from 12 (noon) Thursday September 6, 2007, to 12 p.m. (noon) Saturday, 
September 8, 2007.
    Areas 6, 7, and 7A: Open to net fishing for pink salmon from 9 p.m. 
Wednesday, September 5, 2007, to 9 p.m., Friday, September 7, 2007, 
southerly and easterly of a straight line drawn from the Iwersen's Dock 
on Point Roberts in the State of Washington to

[[Page 61309]]

the Georgina Point Light at the entrance to Active Pass in the Province 
of British Columbia.
All Citizen Fisheries
    Areas 7 and 7A open to pink salmon fishing with non retention of 
sockeye and with the Iwersen's Dock line restriction in effect: That 
portion of area 7A that lies northerly and westerly of a straight line 
drawn from the Iwersen's Dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the province of British Columbia (Iwersen's Dock line closure).
    Reef Net: Open 5 a.m. to 9 p.m. on Thursday September 6, 2007, and 
5 a.m. to 9 p.m. on Friday September 7, 2007.
    Purse Seine: Open 5 a.m. to 9 p.m. on Thursday September 6, 2007, 
and 5 a.m. to 9 p.m. on Friday September 7, 2007.
    Gillnet: Open 8 a.m. to 11:59 p.m. on Thursday September 6, 2007, 
and 8 a.m. to 11:59 p.m. on Friday September 7, 2007.

Order No. 2007-07: Issued 11 p.m., September 7, 2007.

    The Fraser River Panel approved the following relinquishment of 
regulatory control in U.S. Puget Sound Panel waters:
    Areas 4B, 5 and 6C: Relinquish regulatory control effective 12:01 
p.m. Saturday, September, 8, 2007.
Treaty Indian Fisheries
    Areas 6, 7, and 7A: Open to net fishing for pink salmon from 9 
p.m., Friday, September 7, 2007, to 12 p.m. (noon), Monday, September 
10, 2007, southerly and easterly of a straight line drawn from the 
Iwersen's Dock on Point Roberts in the State of Washington to the 
Georgina Point Light at the entrance to Active Pass in the Province of 
British Columbia.
All Citizen Fisheries
    Areas 7 and 7A open to pink salmon fishing with non retention of 
sockeye and with the Iwersen's Dock line restriction in effect: That 
portion of area 7A that lies northerly and westerly of a straight line 
drawn from the Iwersen's Dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the province of British Columbia (Iwersen's Dock line closure).
    Reef Net: Open from 5 a.m. to 9 p.m. on Saturday, September 8, from 
5 a.m. to 9 p.m. on Sunday, September 9, 2007, and from 5 a.m. to 9 
p.m. on Monday, September 10, 2007.
    Purse Seine: Open from 5 a.m. to 9 p.m. on Monday, September 10, 
2007.
    Gillnet: Open from 8 a.m. to 11:59 p.m. on Monday, September 10, 
2007.

Order No. 2007-08: Issued 11 a.m., September 10, 2007.

All Citizen Fisheries
    Areas 7 and 7A open to pink salmon fishing with non retention of 
sockeye:
    Reef Net: Open from 5 a.m. to 9 p.m. on Tuesday, September 11, from 
5 a.m. to 9 p.m. on Wednesday September 12, 2007, from 5 a.m. to 9 p.m. 
on Thursday, September 13, 2007, and 5 a.m. to 9 p.m. on Friday 
September 14, 2007.

Order No. 2007-09: Issued 10 a.m., September 14, 2007.

All Citizen Fisheries
    Areas 7 and 7A open to pink salmon fishing with non retention of 
sockeye:
    Reef Net: Open from 5 a.m. to 9 p.m. on Friday, September 14, 
Saturday September 15, Sunday September 16, Monday September 17, 
Tuesday September 18, Wednesday September 19, and Thursday September 
20, 2007.
    Order No. 2007-10: Issued 10 a.m., September 19, 2007.
    The Fraser River Panel approved the following relinquishment of 
regulatory control in U.S. Puget Sound Panel waters:
    Area 7 and 7A: Relinquish regulatory control effective 12:01 a.m., 
Thursday, September 20, 2007.

Classification

    The Assistant Administrator for Fisheries NOAA (AA), finds that 
good cause exists for the inseason orders to be issued without 
affording the public prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is 
impracticable and contrary to the public interest. Prior notice and 
opportunity for public comment is impracticable because NMFS has 
insufficient time to allow for prior notice and opportunity for public 
comment between the time the stock abundance information is available 
to determine how much fishing can be allowed and the time the fishery 
must open and close in order to harvest the appropriate amount of fish 
while they are available.
    Moreover, such prior notice and opportunity for public comment is 
impracticable because not closing the fishery upon attainment of the 
quota would allow the quota to be exceeded and thus compromise the 
conservation objectives established preseason, and it does not allow 
fishers appropriately controlled access to the available fish at the 
time they are available.
    The AA also finds good cause to waive the 30-day delay in the 
effective date, required under 5 U.S.C. 553(d)(3), of the inseason 
orders. A delay in the effective date of the inseason orders would not 
allow fishers appropriately controlled access to the available fish at 
that time they are available.
    This action is authorized by 50 CFR 300.97, and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 3636(b).

    Dated: October 24, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-21329 Filed 10-29-07; 8:45 am]
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