[Federal Register Volume 73, Number 143 (Thursday, July 24, 2008)]
[Rules and Regulations]
[Pages 43138-43139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16996]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No.070430095-7095-01]
RIN 0648-XH85


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fishery; Inseason Action 1 and 2

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

ACTION: Modification of fishing seasons; request for comments.

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SUMMARY: NOAA Fisheries announces two inseason actions in the ocean 
salmon fisheries. Inseason action 1 modified the commercial 
fishery from Cape Falcon, Oregon, to the Oregon/California Border, and 
from Horse Mountain, California, to Point Arena, California. Inseason 
action 2 modified the recreational fishery from Cape Falcon, 
Oregon, to Humbug Mountain, Oregon and from Horse Mountain, Oregon, to 
the U..S./Mexico Border.

DATES: Inseason action 1 was effective on March 15, 2008, in 
the area from Cape Falcon, Oregon, to the Oregon/California Border, 
effective April 7, 2008, in the area from Horse Mountain to Point 
Arena, CA. Inseason action 2 was effective March 15, 2008 in 
the area from Cape Falcon to Humbug Mountain, Oregon, effective on 
April 1, 2008, in the area from Horse Mountain to Point Arena, CA, and 
effective April 15, 2008, in the area from Point Arena, CA, to the U.S/
Mexico Border. Comments will be accepted through August 8, 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 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 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 U.S/Mexico Border.
    On March 13, 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 possible impacts to 
Sacramento Fall Chinook were discussed. These inseason actions were 
taken because these fisheries were to occur in the impact area for 
Sacramento 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 
moving the opening dates of these fisheries NMFS and the Council would 
have more time to evaluate the impacts of these fisheries on the 
Sacramento River fall Chinook stock.
    As a result, on March 13, 2008, the states recommended, and the RA 
concurred that inseason action 1 would move the opening date 
of the commercial fishery in the area from Cape Falcon, Oregon, to the 
Oregon/California Border, from March 15, 2008, to April 15, 2008. This 
action also closed the area from Horse Mountain, California, to Point 
Arena, California, effective April 7, 2008. Inseason action 2, 
modified recreational fishing in the area from Cape Falcon, Oregon, to 
Humbug Mountain, Oregon, by adjusting the opening date of the fishery 
from March 15, 2008, to April 15, 2008. Inseason action 2 also 
closed the area from Horse Mountain, California, to Point Arena, 
California, effective April 1; and closed the area from Point Arena, 
California, to the U.S./Mexico Border effective April 5, 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

[[Page 43139]]

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 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 18, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-16996 Filed 7-23-08; 8:45 am]
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