[Federal Register Volume 74, Number 214 (Friday, November 6, 2009)]
[Rules and Regulations]
[Pages 57425-57426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26846]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090324366-9371-01]
RIN 0648-XR27


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
4, 5, 6, and 7

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 four inseason actions in the ocean 
salmon fisheries. Inseason actions 4, 6, and 
7 modified the recreational fishery in the area from the U.S./
Canada Border to Cape Falcon, Oregon. Inseason action 5 
modified the commercial fishery in the area from the U.S./Canada Border 
to Cape Falcon, Oregon.

DATES:  Inseason actions 4 and 5 were effective on 
August 1, 2009, and remain 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. Inseason action 6 was effective on August 14, 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. Inseason 
action 7 was effective on August 21, 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 November 23, 2009.

ADDRESSES:  You may submit comments, identified by 0648-XR27, by any 
one of the following methods:

[[Page 57426]]

     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 2009 annual management measures for 
ocean salmon fisheries (74 FR 20610, May 5, 2009), NMFS announced the 
commercial and 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 31, 
August 14, and August 20, 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 4 increased the recreational daily catch 
limit for Chinook salmon in the area from the U.S./Canada Border to 
Cape Falcon, Oregon from 1 to 2 Chinook salmon. This action was taken 
to provide greater access to Chinook salmon that were available for 
harvest within the guideline established preseason. On July 31, 2009, 
the states recommended this action and the RA concurred; inseason 
action 4 took effect on August 1, 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) .
    Inseason action 5 modified the commercial quota for 
Chinook salmon in the area from the U.S./Canada Border to Cape Falcon, 
Oregon by rolling over 2,500 in unharvested Chinook salmon quota from 
the May/June fishery and adding it to the guideline for the July/
September fishery, raising the July/September guideline from 6,765 to 
9,665 Chinook salmon. This action was taken to provide greater access 
to harvestable Chinook salmon. On July 31, 2009 the states recommended 
this action and the RA concurred; inseason action 5 took 
effect on August 1, 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).
    Inseason action 6 modified the recreational quota in the 
area from the U.S./Canada Border to Cape Falcon, Oregon by transferring 
quota among subareas; 2,500 coho were transferred from the quotas of 
each of the Neah Bay subarea (U.S./Canada Border to Cape Alava, 
Washington) and the Westport subarea (Queets River, Washington to 
Leadbetter Point, Washington) to the quota for the LaPush subarea (Cape 
Alava, Washington to Queets River, Washington). This action was taken 
to distribute remaining quota among the subareas to allow fishing to 
continue in the LaPush subarea. On August 13, the states recommended 
this action and the RA concurred; inseason action 6 took 
effect on August 14, 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).
    Inseason action 7 modified the recreational quota in the 
area from the U.S./Canada Border to Cape Falcon, Oregon by transferring 
quota between subareas; 8,750 coho were transferred from the quota of 
the Westport subarea (Queets River, Washington to Leadbetter Point, 
Washington); the Columbia River subarea (Leadbetter Point, Washington 
to Cape Falcon, Oregon) received an impact neutral quota increase of 
8,300 coho. This action was taken to distribute remaining quota between 
subareas to allow fishing to continue in the Columbia River subarea. On 
August 20, 2009, the states recommended this action and the RA 
concurred; inseason action 7 took effect on August 21, 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: November 3, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-26846 Filed 11-5-09; 8:45 am]
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