[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Rules and Regulations]
[Pages 42536-42537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16784]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070430095 7095 01]
RIN 0648-XH91


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fishery; Inseason Action 3 and 4

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

ACTION: Modification of fishing seasons; request for comments.

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

SUMMARY: NOAA Fisheries announces two inseason actions in the ocean 
salmon fisheries. Inseason action 3 modified the commercial 
fishery from Cape Falcon, Oregon, to the Oregon/California Border. 
Inseason action 4 modified the recreational fishery from Cape 
Falcon, Oregon, to Humbug Mountain, Oregon.

DATES: Inseason actions 3 and 4 were effective at 
1615 hours local time (l.t.) April 9, 2008. After this time these 
fisheries remained closed until reopened subject to the 2008 management 
measures and regulations which were are announced, and published in the 
Federal Register (73 FR 23971, May 1, 2008).
    Comments will be accepted through August 6, 2008.

ADDRESSES: You may submit comments, identified by 0648-AV56, 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 Attn: Sarah McAvinchey
     Mail: D. Robert Lohn, Regional Administrator, Northwest 
Region, NMFS, 7600 Sand Point Way N.E., Seattle, WA 98115-0070 or to 
Rod McInnis, Regional Administrator, Southwest Region, NMFS, 501 West 
Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213
    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 protectedinformation. 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, 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 and recreational fisheries in the area from Cape Falcon, 
Oregon, to the Oregon/California Border.
    On April 9, 2008, 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. These inseason actions were taken because these fisheries 
were scheduled to occur in the impact area for Sacramento River fall 
Chinook. This stock was projected not to meet its escapement goal in 
2008 and therefore consistent with the Magnuson-Stevens Act all 
fisheries that impact the stock were to be closed. By

[[Page 42537]]

closing these fisheries NMFS attempted to provide for further 
opportunity in the 2008 fishing season.
    As a result, on April 9, 2008, the states recommended, and the RA 
concurred that inseason actions 3 and 4 would be 
effective April 9, 2008. Inseason action 3 closed the 
commercial fishery in the area from Cape Falcon, Oregon, to the Oregon/
California border. Inseason action 4 closed the recreational 
fishery in the area from Cape Falcon, Oregon, to Humbug Mountain, 
Oregon. These areas were closed until the regulations were announced 
for the 2008 fishing season and published in the Federal Register (73 
FR 23971, May 1, 2008). 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 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 at 
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 allow fishing at levels inconsistent with the goals of 
the Salmon Fishery Management Plan and the current management measures. 
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: July 17, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-16784 Filed 7-21-08; 8:45 am]
BILLING CODE 3510-22-S