[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Rules and Regulations]
[Pages 6995-6997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3055]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XM03


Fraser River Sockeye 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 2008 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

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document under the heading Inseason Orders. Comments will be accepted 
through February 27, 2009.

ADDRESSES: You may submit comments, identified by 0648-XM03 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 (enter N/A in the required 
fields if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Peggy Busby, 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 2008 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 2008 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:

Order Number 2008-01: Issued 1 p.m., July 18, 2008

Treaty Indian Fisheries:
    Areas 4B, 5 and 6C: Open to drift gillnets from 12 p.m. (noon), 
Saturday, July 19, 2008 to 12 p.m. (noon), Wednesday, July 23, 2008.

Order Number 2008-02: Issued 1:30 p.m., July 22, 2008

Treaty Indian Fisheries:
    Areas 4B, 5 and 6C: Extended for drift gillnets from 12 p.m. 
(noon), Wednesday, July 23, 2008, to 12 p.m. (noon), Saturday, July 26, 
2008.

Order Number 2008-03: Issued 1:30 p.m., July 25, 2008

Treaty Indian Fisheries:
    Areas 4B, 5 and 6C: Extended for drift gillnets from 12 p.m. 
(noon), Saturday, July 26, 2008, to 12 p.m. (noon), Tuesday, July 29, 
2008.
    Areas 6, 7, and 7A: Open to net fishing from 6 a.m., Sunday, July 
27, 2008 to 10 a.m., Monday, July 28, 2008.
All Citizen Fisheries:
    Areas 7 and 7A Purse seine: Open from 7 a.m. to 7 p.m., Friday, 
July 25, 2008.
    Areas 7 and 7A Gillnet: Open from 8 a.m. to 8 p.m., Friday, July 
25, 2008.
    Areas 7 and 7A Reefnet: Open from 6 a.m. to 6 p.m., Monday, July 
28, 2008.

Order Number 2008-04: Issued 1:30 p.m., July 28, 2008

Treaty Indian Fishery:
    Areas 4B, 5 and 6C: Extended for drift gillnets from 12 p.m. 
(noon), Tuesday, July 29, 2008 to 12 p.m. (noon), Wednesday, July 30, 
2008.
    Areas 6, 7, and 7A: Open to net fishing from 12:45 p.m., Monday, 
July 28, 2008, to 3 p.m., Tuesday, July 29 2008.
All Citizen Fisheries:
    Areas 7 and 7A Purse seine: Open from 5 a.m. to 9 p.m., Tuesday, 
July 29, 2008.
    Areas 7 and 7A Reef Net: Open from 5 a.m. to 9 p.m., Tuesday, July 
29, 2008.
    Areas 7 and 7A Gillnet: Open from 8 a.m. to 12 a.m. (midnight), 
Tuesday, July 29, 2008.

Order Number 2008-05: Issued 1:30 p.m., July 29, 2008

Treaty Indian Fishery:
    Areas 48, 5 and 6C: Extended for drift gillnets from 12 p.m. 
(noon), Wednesday, July 30, 2008 to 12 p.m. (noon), Saturday, August 2, 
2008.
    Areas 6, 7, and 7A: Open for net fishing from 3 p.m., Tuesday, July 
29, 2008 to 11:59 p.m. (midnight), Thursday, July 31, 2008.
All Citizen Fisheries:
    Areas 7 and 7A Purse Seine: Open from 5 a.m. to 9 p.m., Wednesday, 
July 30, 2008 and from 5 a.m. to 9 p.m., Thursday, July 31, 2008.
    Areas 7 and 7A Gillnet: Open from 8 a.m. to 11:59 p.m., Wednesday, 
July 30, 2008, and from 8 a.m. to 11:59 p.m., Thursday, July 31, 2008.
    Areas 7 and 7A Reef Net: Open from 5 a.m. to 9 p.m., Wednesday, 
July 30, 2008 and from 5 a.m. to 9 p.m., Thursday, July 31, 2008.

Order Number 2008-06: Issued 11:30 a.m., August 1, 2008

Treaty Indian Fisheries:
    Areas 4B, 5 and 6C: Previously announced drift gillnet fishery 
scheduled to close at 12 p.m. (noon), Saturday, August 2, 2008 will 
close at 6 p.m., Friday, August 1, 2008.

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

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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: February 9, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-3055 Filed 2-11-09; 8:45 am]
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