[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Rules and Regulations]
[Pages 46555-46556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18482]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 080428611-8612-01]
RIN 0648-XJ22


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
5 and 6

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 5 modified the commercial 
fishery from the U.S./Canada Border to Cape Falcon, Oregon. Inseason 
action 6 modified the recreational fishery from U.S./Canada 
Border to Cape Falcon, Oregon.

DATES: Inseason action 5 was effective on June 21, 2008, in 
the area from the U.S./Canada Border to Cape Falcon, Oregon, as it 
adjusted the landing and possession limit, and effective on June 24, 
2008, for the closure of the area. After this time, the fishery will 
remain closed until opened through an additional inseason action for 
the west coast salmon fisheries, which will be published in the Federal 
Register, or until the effective date of the next scheduled open period 
as announced in the 2008 annual management measures. Inseason action 
6 was effective June 21, 2008, in the areas from the U.S./
Canada border to Cape Alava, WA (Neah Bay subarea), from Cape Alava to 
Queets River, WA (La Push Subarea) and from Leadbetter Point, WA, to 
Cape Falcon, OR (Columbia River Subarea), effective June 22, 2008, in 
the area from Queets River to Leadbetter Point, WA (Westport subarea), 
effective July 1, 2008, in the Neah Bay and La Push subarea, and 
effective June 29, 2008, in the Westport and Columbia River subareas. 
These adjustments will remain in effect until the closing date or 
attainment of the subarea quotas, whichever is first, as announced in 
the 2008 annual management measures or through additional inseason 
action. Comments will be accepted through August 26, 2008.

ADDRESSES: You may submit comments, identified by 0648-XJ22, 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: 7600 Sand Point Way NE, Build 1, 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 (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT: Sarah McAvinchey 206-526-4323.

SUPPLEMENTARY INFORMATION: In the 2008 annual management measures for 
ocean salmon fisheries (73 FR 23971, May 1, 2008), NMFS announced the 
commercial and recreational fisheries in the area from Cape Falcon, 
Oregon, to the U.S./Mexico Border.
    On June 19, 2008, for Inseason 5 and June 20, 2008, for 
inseason 6, the Regional Administrator (RA) consulted with 
representatives of the Pacific Fishery Management Council, Washington 
Department of Fish and Wildlife and Oregon Department of Fish and 
Wildlife. Information related to catch to date and Chinook and coho 
catch rates. Inseason action 5 was taken because the quota in 
the area from the U.S./Canada Border to Cape Falcon, Oregon, was 
projected to be met and in order to provide more fishing days within 
the remaining quota and open days the landing and possession limit was 
decreased and the fishery was closed before the scheduled close date as 
listed in the 2008 management measures (73 FR 23971, May 1, 2008). 
Inseason action 6 was taken because catch data indicated there 
was quota available in the area from the U.S./Canada Border to Cape 
Falcon, Oregon, to be taken within the scheduled season, therefore 
removing the restriction on the number of Chinook to be landed 
attempted to provide the opportunity for the full quota to be taken 
within the scheduled season.
    As a result, on June 19, 2008, the states recommended, and the RA 
concurred that inseason action 5 would take effect in the area 
from the U.S./Canada border to Cape Falcon, Oregon. Effective June 21, 
2008 the landing and possession limit in this area would be 35 Chinook 
per vessel for each open period north of Leadbetter Point or 35 Chinook 
south of Leadbetter Point. Following this opening the area from the 
U.S./Canada border to Cape Falcon, Oregon, was closed at 11:59 pm on 
Tuesday, June 24, 2008. On June 20, 2008, the states recommended, and 
the RA concurred that inseason action 6 would take effect in 
the area from the U.S./Canada border to Cape Falcon, Oregon. Inseason 
action 6 increased the landing and possession limit to 2 fish 
per day for Chinook only, effective Saturday, June 21, 2008 in the 
areas from the U.S./Canada border to Cape Alava, WA (Neah Bay subarea), 
from Cape Alava to Queets River, WA (La Push Subarea) and from 
Leadbetter Point, WA, to Cape Falcon, OR (Columbia River Subarea). This 
action also increased the landing and possession limit to 2 fish per 
day for Chinook only, effective Sunday, June 22, 2008, in the area from 
Queets River to Leadbetter Point, WA (Westport subarea). In addition to 
these adjustments the following change was made, effective July 1, 
2008, in the Neah Bay and La Push subarea, and effective June 29, 2008, 
in the Westport and Columbia River subareas, the landing and possession 
limit was modified to all salmon 2 fish per day with no restriction to 
land no more than 1 Chinook. Modification of quota and/or fishing 
seasons is authorized by regulations at 50 CFR 660.409(b)(1)(i), 
modification of recreational bag limits is authorized at 50 CFR 
660.409(b)(1)(iii).
    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,

[[Page 46556]]

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 (73 FR 23971, May 1, 2008), 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: August 5, 2008.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-18482 Filed 8-8-08; 8:45 am]
BILLING CODE 3510-22-S