[Federal Register Volume 74, Number 225 (Tuesday, November 24, 2009)]
[Rules and Regulations]
[Pages 61284-61285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28160]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090324366-9371-01]
RIN 0648-XS52


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
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 five inseason actions in the ocean 
salmon fisheries. Inseason actions 8, 9, and 
11 modified the recreational fishery in the area from the 
U.S./Canada Border to Cape Falcon, Oregon. Inseason action 10 
modified the commercial and recreational fisheries in the area from 
Cape Falcon, Oregon to the Oregon/California Border. Inseason action 
12 modified the commercial fishery in the area from the U.S./
Canada Border to Cape Falcon, Oregon.

DATES: See SUPPLEMENTARY INFORMATION for effective dates of inseason 
actions 8, 9, 10, 11, and 
12. Comments will be accepted through December 9, 2009.

ADDRESSES: You may submit comments, identified by 0648-XS52, 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: No comments will be posted for public viewing until 
after the comment period has closed. 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 August 26 
and September 3, 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 8 modified the recreational quota in the 
area from the U.S./Canada Border to Cape Falcon, Oregon by transferring 
quota among subareas; 1,000 coho were transferred from the quota of the 
Neah Bay subarea (U.S./Canada Border to Cape Alava, 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 26, the states recommended this action and the RA concurred; 
inseason action 8 took effect on August 26, 2009, and will 
remain in effect until it is modified by any subsequent inseason 
actions; otherwise, regulations are consistent with 2009 annual 
management measures for ocean salmon fisheries (74 FR 20610, May 5, 
2009). Modification in quota and/or fishing seasons is authorized by 
regulations at 50 CFR 660.409 (b)(1)(i).
    Inseason action 9 closed the recreational fishery in the 
Columbia River subarea (Leadbetter Point, Washington to Cape Falcon, 
Oregon). This action was taken to prevent exceeding the subarea coho 
quota. On August 26, 2009 the states recommended this action and the RA 
concurred; inseason action 9 took effect on August 31, 2009, 
and will remain in effect until it is modified by any subsequent 
inseason actions; otherwise, regulations are consistent with 2009 
annual management measures for ocean salmon fisheries (74 FR 20610, May 
5, 2009). Modification in quota and/or fishing seasons is authorized by 
regulations at 50 CFR 660.409 (b)(1)(i).
    Inseason action 10 modified the commercial and 
recreational quotas in the area from the Cape Falcon, Oregon to the 
Oregon/California Border by transferring unutilized coho salmon quota 
from the June-August recreational fishery to the September commercial 
and recreational quotas; 10,240 coho were transferred to the non-mark-
selective commercial fishery in the area from Cape Falcon, Oregon to 
Humbug Mountain, Oregon; 2,560 coho were transferred to the mark-
selective recreational fishery in the area from Cape Falcon, Oregon to 
the Oregon/California Border. This action was taken to utilize 
available coho salmon quota south of Cape Falcon, Oregon. On September 
3, the states recommended this action and the RA concurred; inseason 
action 10 took effect on September 3, 2009, and will remain in 
effect until it is modified by any subsequent inseason actions; 
otherwise, regulations are consistent with 2009 annual management 
measures for ocean salmon fisheries (74 FR 20610, May 5, 2009). 
Modification in quota and/or fishing seasons is authorized by 
regulations at 50 CFR 660.409 (b)(1)(i).
    Inseason action 11 reopened the recreational fishery in 
the Columbia River subarea (Leadbetter Point, Washington to Cape 
Falcon, Oregon), previously closed by inseason action 9. This 
action was taken to utilize remaining quota in the Columbia River 
subarea. On September 3, 2009, the states recommended this action and 
the RA concurred; inseason action 11 took effect on September 
7, 2009, and will remain in effect until it is modified by any 
subsequent inseason actions; otherwise, regulations are consistent with 
2009 annual management measures for ocean salmon fisheries (74 FR 
20610, May 5, 2009). Modification in quota and/or fishing seasons is 
authorized by regulations at 50 CFR 660.409 (b)(1)(i).

[[Page 61285]]

    Inseason action 12 modified the commercial fishery in the 
area from the U.S./Canada Border to Cape Falcon, Oregon by reducing the 
landing and possession limit from 200 coho per opening to 100 coho per 
opening. This action was taken to avoid exceeding the coho quota while 
keeping the fishery open as scheduled. On September 3, 2009, the states 
recommended this action and the RA concurred; inseason action 
11 took effect on September 5, 2009, and will remain in effect 
until it is modified by any subsequent inseason actions; otherwise, 
regulations are consistent with 2009 annual management measures for 
ocean salmon fisheries (74 FR 20610, May 5, 2009). 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 19, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-28160 Filed 11-23-09; 8:45 am]
BILLING CODE 3510-22-S