[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Rules and Regulations]
[Pages 42796-42797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20490]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090324366-9371-01]
RIN 0648-XQ50


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
1, 2, and 3

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 three inseason actions in the ocean 
salmon fisheries. Inseason action 1 modified the commercial 
fishery in the area from Cape Falcon, Oregon to Humbug Mountain, 
Oregon, and from Humbug Mountain, Oregon to the Oregon/California 
Border. Inseason action 2 modified the recreational fishery in 
the area from Cape Falcon, Oregon to Humbug Mountain, Oregon. Inseason 
action 3 modified the commercial fishery in the area from 
U.S./Canada Border to Cape Falcon, Oregon.

DATES:  Inseason actions 1 and 2 were effective on 
March 15, 2009, until replaced by the 2009 management measures, May 1, 
2009. Inseason action 3 was effective on July 18, 2009 and 
remains in effect until the closing date or attainment of the subarea 
quotas, whichever was first, as announced in the 2009 annual management 
measures or through additional inseason action. Comments will be 
accepted through September 9, 2009.

ADDRESSES:  You may submit comments, identified by 0648-XQ50, 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.
    On March 10, 2009, the Regional Administrator (RA) consulted with 
representatives of the Pacific Fishery Management Council (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. Preliminary projections suggested 
this stock was at risk of not meeting its escapement goal in 2009 and 
therefore consistent with the Magnuson-Stevens Act, all fisheries that 
impact the stock were potentially to remain closed until the 2009 
management measures became effective on May 1, 2009. 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 10, 2009, the states recommended, and the RA 
concurred that inseason actions 1 and 2 would cancel 
the previously scheduled March 15, 2009, fishery opening date for the 
(a) commercial fishery in the area from Cape Falcon, Oregon to Humbug 
Mountain, Oregon, and from Humbug Mountain, Oregon to the Oregon/
California Border and (b) the recreational fishery in the area from 
Cape Falcon, Oregon, to Humbug Mountain, Oregon. Modification in quota 
and/or fishing seasons is authorized by regulations at 50 CFR 
660.409(b)(1)(I).
    In the 2009 annual management measures for ocean salmon fisheries 
(74 FR 20610, May 5, 2009), NMFS announced the commercial and

[[Page 42797]]

recreational fisheries in the area from the U.S./Canada Border to the 
U.S./Mexico Border, beginning May 1, 2009.
    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 16, 
2009. 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 3 increased the commercial landing and 
possession limit for Chinook salmon in the area from the U.S./Canada 
Border to Cape Falcon, Oregon, from 40 to 75 Chinook salmon 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 16, 2009, the states recommended this 
action and the RA concurred; inseason action 3 took effect on 
July 18, 2009, until it is modified by any subsequent inseason actions. 
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 2009 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; 74 FR 20610, May 
5, 2009), 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 18, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-20490 Filed 8-24-09; 8:45 am]
BILLING CODE 3510-22-S