[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Rules and Regulations]
[Pages 75975-75976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29680]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070430095-7095-01]
RIN 0648-XK59


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
7, 8, 9, 10, 11, and 
12

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

ACTION: Modification of fishing seasons, gear restrictions, and landing 
and possession limits; request for comments.

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SUMMARY: NOAA Fisheries announces six inseason actions in the ocean 
salmon fisheries. Inseason actions 7, 8, and 
11 modified the commercial fishery in the area from U.S./
Canada Border to Cape Falcon, Oregon. Inseason action 9 
modified the recreational fishery in the area from Cape Falcon, Oregon 
to the Oregon/California Border. Inseason action 10 modified 
the recreational fishery in the area from Leadbetter Point, Washington 
to Cape Falcon, Oregon. Inseason Action 12 modified the 
recreational fishery in the area from the U.S./Canada Border to 
Leadbetter Point, Washington.

DATES: Inseason action 7 was effective on August 2, 2008. 
Inseason actions 8 and 11 were effective on August 
16, 2008. Inseason action 9 was effective on August 14, 2008. 
Inseason action 10 was effective August 17, 2008. Inseason 
action 12 was effective August 26, 2008. These actions 
remained in effect until the closing date or attainment of the subarea 
quotas, whichever was first, as announced in the 2008 annual management 
measures or through additional inseason action. Comments will be 
accepted through December 30, 2008.

ADDRESSES: You may submit comments, identified by RIN 0648-XK59, 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: Peggy Busby
     Mail: 7600 Sand Point Way NE, Building 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: Peggy Busby, by phone at 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 the U.S./Canada 
Border to the U.S./Mexico Border.
    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 on July 30, 
August 12, August 13, August 15, and August 25, 2008. The information 
considered related to catch to date and Chinook and coho catch rates 
compared to quotas and other management measures established preseason.
    Inseason action 7 increased the commercial landing and 
possession limit for Chinook, in the area from the U.S./Canada Border 
to Cape Falcon, Oregon, from 35 to 50 Chinook per vessel for each open 
period. This action was taken to provide greater access to Chinook 
salmon that were available for harvest within the guideline established 
preseason. On July 30, 2008, the states recommended this action and the 
RA concurred; inseason action 7 took effect on August 2, 2008. 
Modification in quota and/or fishing seasons is authorized by 
regulations at 50 CFR 660.409 (b)(1)(i) .
    Inseason action 8 modified gear specific restrictions in 
the commercial fishery in the area from the U.S./Canada Border to Cape 
Falcon, Oregon, by lifting the six-inch gear restriction; thereby 
providing greater access to harvestable Chinook salmon. On August 13, 
2008, the states recommended this

[[Page 75976]]

action and the RA concurred; inseason action 8 took effect 
1159 hours local time, August 14 2008. Establishment or modification of 
gear restrictions is authorized by regulations at 50 CFR 660.409 
(b)(1)(iv) .
    Inseason action 9 closed the recreational fishery in the 
area from Cape Falcon, Oregon to the Oregon/California Border because 
the quota in the area was projected to be met and in order to operate 
the fishery within the 2008 regulations. On August 12, 2008, the states 
recommended this action and the RA concurred; inseason action 
9 took effect 1159 hours local time, August 14, 2008. 
Automatic season closure based on quota is authorized by regulations at 
50 CFR 660.409 (a)(1) .
    Inseason action 10 included a transfer of 1000 coho from 
the commercial fishery in the area from the U.S./Canada Border to Cape 
Falcon, Oregon to the recreational fishery from Leadbetter Point, 
Washington to Cape Falcon, Oregon; this action was taken to access 
harvestable coho and allowed the recreational fishery in the area to 
extend to Sunday, August 17, 2008. On August 15, 2008, the states 
recommended this action and the RA concurred. Inseason action 
10 also closed the recreational fishery in the area from 
Leadbetter Point, Washington to Cape Falcon, Oregon effective 1400 
hours local time, Sunday, August 17, 2008, because the quota in the 
area was projected to be met and in order to operate the fishery within 
the 2008 regulations. Modification in quota and/or fishing seasons is 
authorized by regulations at 50 CFR 660.409 (b)(1)(i) .
    Inseason action 11 included a transfer of 500 Chinook from 
the recreational fishery in the area from the U.S./Canada Border to 
Cape Falcon, Oregon to the commercial fishery in the same area to 
provide greater opportunity for the commercial fishery to access 
Chinook salmon that were available for harvest. On August 15, 2008, the 
states recommended this action and the RA concurred; inseason action 
11 took effect August 16, 2008, Modification in quota and/or 
fishing seasons is authorized by regulations at 50 CFR 660.409 
(b)(1)(i) .
    Inseason action 12 closed the recreational fishery in the 
area from the U.S./Canada Border to Cape Alava, Washington and west of 
the Bonilla-Tatoosh Line (Neah Bay Subarea) because the quota for coho 
was projected to be met and in order to operate the fishery within the 
2008 regulations. Inseason action 12 also increased the days 
open per week from five to seven days per week in the recreational 
fishery from Cape Alava to Queets River and Queets River to Leadbetter 
Point, Washington (La Push and Westport Subareas) to provide greater 
access to harvestable fish. On August 25, 2008, the states recommended 
this action and the RA concurred; inseason action 
numsign;numsign;12 took effect 0001 hours local time, August 
26, 2008. Automatic season closure based on quota is authorized by 
regulations at 50 CFR 660.409 (a)(1) . Modification in quota and/or 
fishing seasons is authorized by regulations at 50 CFR 660.409 
(b)(1)(i) .
    All other restrictions and regulations remain in effect as 
announced for the 2008 Ocean Salmon Fisheries and previous inseason 
actions.
    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 (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: December 9, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-29680 Filed 12-12-08; 8:45 am]
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