[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Rules and Regulations]
[Pages 61581-61583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28319]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XS30


Fraser River Sockeye and Pink 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.

-----------------------------------------------------------------------

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 
2009 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 
document under the heading Inseason Orders. Comments will be accepted 
through December 10, 2009.

ADDRESSES:  You may submit comments, identified by 0648-XS30 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) and in 74 FR 20610 (May 5, 2009). 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 2009 
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 2009 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)and in 74 FR 20610 
(May 5, 2009); 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 2009-01: Issued 3 p.m., August 25, 2009

Treaty Indian Fisheries
    Areas 4B, 5 and 6C: Open to drift gillnets from 12 p.m. (noon), 
Wednesday, August 26, 2009 to 12 p.m. (noon) Saturday, August 29, 2009.
All Citizen Fisheries
    Areas 7 and 7A Reef net: Open to pink salmon fishing with non-
retention of sockeye salmon 5 a.m. to 9 p.m. on Wednesday, August 26, 
2009, 5 a.m. to 9 p.m. on Thursday, August 27, 2009; and 5 a.m. to 
9p.m. on Friday, August 28, 2009.

Order Number 2009-02: Issued 1:50 p.m., August 26, 2009

Treaty Indian Fisheries
    Areas 6, 7, and 7A: Open to drift gillnets and purse seine from 5 
a.m., Friday, August 28, 2009 to 8 a.m., Saturday, August 29, 2009.
All Citizen Fisheries
    Area 7 Purse Seine: Open to pink salmon fishing with non-retention 
of sockeye salmon 5 a.m. to 9 p.m. on Thursday, August 27, 2009.
    Area 7 Gillnet: Open to pink salmon fishing with non-retention of 
sockeye salmon 8 a.m. to 11:59 p.m. (midnight) on Thursday August 27, 
2009.
    Area 7 Purse Seine Open to pink salmon fishing with non-retention 
of sockeye salmon 3 p.m. to 9 p.m. on Thursday, August 27, 2009.
    Area 7A Gillnet: Open 3 p.m. to 11:59 p.m. (midnight) on Thursday 
August 27, 2009.

Order Number 2009-03: Issued 12:15 p.m., August 28, 2009

Treaty Indian Fisheries
    Areas 4B, 5 and 6C: Open to drift gillnets from 12 p.m. (noon), 
Saturday, August 29, 2009 to 12 p.m. (noon) Wednesday, September 2, 
2009.
    Areas 6, 7, and 7A: Open to drift gillnets and purse seine from 5 
a.m., Sunday, August 30, 2009 to 8 a.m., Monday, August 31, 2009; and 
from 5 a.m., Tuesday, September 1, 2009 to 8 a.m., Wednesday, September 
2, 2009; southerly and easterly of a straight line drawn from the 
Iwersen Dock on Point Roberts in the State of Washington to the 
Georgina Point Light at the entrance to Active Pass in the Province of 
British Columbia.

[[Page 61582]]

All Citizen Fisheries
    Areas 7 and 7A Purse seine: Open to pink salmon fishing with non-
retention of sockeye salmon 5 a.m. to 9 p.m., Saturday, August 29, 2009 
and Monday, August 31, 2009; southerly and easterly of a straight line 
drawn from the Iwersen Dock on Point Roberts in the State of Washington 
to the Georgina Point Light at the entrance to Active Pass in the 
province of British Columbia.
    Areas 7 and 7A Gillnet: Open to pink salmon fishing with non-
retention of sockeye salmon 8 a.m. to 11:59 p.m. (midnight) on 
Saturday, August 29, 2009 and Monday, August 31, 2009; southerly and 
easterly of a straight line drawn from the Iwersen Dock on Point 
Roberts in the State of Washington to the Georgina Point Light at the 
entrance to Active Pass in the province of British Columbia.
    Areas 7 and 7A Reef net: Open to pink salmon fishing with non-
retention of sockeye salmon 5 a.m. to 9 p.m. on Saturday, August 29, 
2009; 5 a.m. to 9 p.m. on Sunday, August 30, 2009; 5 a.m. to 9 p.m. on 
Monday, August 31, 2009; and 5 a.m. to 9 p.m. on Tuesday, September 1, 
2009; southerly and easterly of a straight line drawn from the Iwersen 
Dock on Point Roberts in the State of Washington to the Georgina Point 
Light at the entrance to Active Pass in the province of British 
Columbia.

Order Number 2009-04: Issued 12:30 p.m., September 1, 2009

Treaty Indian Fisheries
    Areas 4B, 5 and 6C: Open to drift gillnets from 12 p.m. (noon) 
Wednesday, September 2, 2009 to 12 p.m. (noon) Saturday, September 5, 
2009.
    Areas 6, 7, and 7A: Open to drift gillnets and purse seines from 8 
a.m., Wednesday, September 2, 2009 to 11 a.m., Saturday, September 5, 
2009; southerly and easterly of a straight line drawn from the Iwersen 
Dock on Point Roberts in the State of Washington to the Georgina Point 
Light at the entrance to Active Pass in the Province of British 
Columbia.
All Citizen Fisheries
    Areas 7 and 7A Purse seine: Open to pink salmon fishing with non-
retention of sockeye salmon 10 a.m. to 9 p.m. Thursday, September 3, 
2009; and 5 a.m. to 9 p.m. Friday, September 4; southerly and easterly 
of a straight line drawn from the Iwersen Dock on Point Roberts in the 
State of Washington to the Georgina Point Light at the entrance to 
Active Pass in the province of British Columbia.
    Areas 7 and 7A Gillnet: Open to pink salmon fishing with non-
retention of sockeye salmon 10 a.m. to 11:59 p.m. (midnight) on 
Thursday, September 3, 2009; and 8 a.m. to 11:59 p.m. (midnight) on 
Friday, September 4, 2009; southerly and easterly of a straight line 
drawn from the Iwersen Dock on Point Roberts in the State of Washington 
to the Georgina Point Light at the entrance to Active Pass in the 
province of British Columbia.
    Areas 7 and 7A Reef net: Open for pink salmon fishing with non-
retention of sockeye salmon 5 a.m. to 9 p.m. on Wednesday, September 2, 
2009; 5 a.m. to 9 p.m. on Thursday, September 3, 2009; and 5 a.m. to 9 
p.m. on Friday, September 4, 2009; southerly and easterly of a straight 
line drawn from the Iwersen Dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the province of British Columbia.

Order Number 2009-05: Issued 12:05 p.m., September 4, 2009

    Treaty Indian Fishery
    Areas 48, 5 and 6C: Open to drift gillnets from 12 p.m. (noon) 
Saturday, September 5, 2009 to 12 p.m. (noon) Wednesday, September 9, 
2009.
    Areas 6, 7, and 7A: Open to drift gillnets and purse seines from 11 
a.m., Saturday, September 5, 2009 to 11 a.m. Wednesday, September 9, 
2009; southerly and easterly of a straight line drawn from the Iwersen 
Dock on Point Roberts in the State of Washington to the Georgina Point 
Light at the entrance to Active Pass in the Province of British 
Columbia.
All Citizen Fisheries
    Areas 7 and 7A Purse seine: Open to pink salmon fishing with non-
retention of sockeye salmon 10 a.m. to 9 p.m. Monday, September 7, 
2009; and 5 a.m. to 9 p.m. Tuesday, September 8; southerly and easterly 
of a straight line drawn from the Iwersen Dock on Point Roberts in the 
State of Washington to the Georgina Point Light at the entrance to 
Active Pass in the province of British Columbia.
    Areas 7 and 7A Gillnet: Open to pink salmon fishing with non-
retention of sockeye salmon 10 a.m. to 11:59 p.m. (midnight) on Monday, 
September 7, 2009; and 8 a.m. to 11:59 p.m. (midnight) on Tuesday, 
September 8, 2009; southerly and easterly of a straight line drawn from 
the Iwersen Dock on Point Roberts in the State of Washington to the 
Georgina Point Light at the entrance to Active Pass in the province of 
British Columbia.
    Areas 7 and 7A Reef net: Open to pink salmon fishing with non-
retention of sockeye salmon 5 a.m. to 9 p.m. on Saturday, September 5, 
2009; 5 a.m. to 9 p.m. on Sunday, September 6, 2009; 5 a.m. to 9 p.m. 
on Monday, September 7; and 5 a.m. to 9 p.m. on Tuesday, September 8, 
2009; southerly and easterly of a straight line drawn from the Iwersen 
Dock on Point Roberts in the State of Washington to the Georgina Point 
Light at the entrance to Active Pass in the province of British 
Columbia.

Order Number 2009-06: Issued 2:15 p.m., September 8, 2009

Treaty Indian Fisheries
    Areas 4B, 5 and 6C: Open to drift gillnets from 12 p.m. (noon) 
Wednesday, September 9, 2009 to 12 p.m. (noon) Saturday, September 12, 
2009.
    Areas 6, 7, and 7A: Open to drift gillnets and purse seines from 11 
a.m. Wednesday, September 9, 2009 to 11 a.m. Saturday, September 12, 
2009; southerly and easterly of a straight line drawn from the Iwersen 
Dock on Point Roberts in the State of Washington to the Georgina Point 
Light at the entrance to Active Pass in the Province of British 
Columbia.
All Citizen Fisheries
    Areas 7 and 7A Purse Seine: Open to pink salmon fishing with non-
retention of sockeye salmon 10 a.m. to 9 p.m. Thursday, September 10, 
2009; and 5 a.m. to 9 p.m. Friday, September 11; southerly and easterly 
of a straight line drawn from the Iwersen Dock on Point Roberts in the 
State of Washington to the Georgina Point Light at the entrance to 
Active Pass in the province of British Columbia.
    Areas 7 and 7A Gillnet: Open to pink salmon fishing with non-
retention of sockeye salmon 10 a.m. to 11:59 p.m. (midnight) on 
Thursday, September 10, 2009; and 8 a.m. to 11:59 p.m. (midnight) on 
Friday, September 11, 2009; southerly and easterly of a straight line 
drawn from the Iwersen Dock on Point Roberts in the State of Washington 
to the Georgina Point Light at the entrance to Active Pass in the 
province of British Columbia.
    Areas 7 and 7A Reef net: Open to pink salmon fishing with non-
retention of sockeye salmon 5 a.m. to 9 p.m. on Wednesday, September 9, 
2009; 5 a.m. to 9 p.m. on Thursday, September 10, 2009; and 5 a.m. to 9 
p.m. on Friday, September 11, 2009; southerly and easterly of a 
straight line drawn from the

[[Page 61583]]

Iwersen Dock on Point Roberts in the State of Washington to the 
Georgina Point Light at the entrance to Active Pass in the province of 
British Columbia.

Order Number 2009-07: Issued 1:45 p.m., September 10, 2009

All Citizen Fisheries
    Areas 7 and 7A Purse Seine: Will remain closed after 9 p.m. 
Thursday, September 10, 2009; and will not reopen Friday, September 11, 
2009.
    Areas 7 and 7A Gillnet: Will remain closed after 11:59 p.m. 
(midnight) on Thursday, September 10, 2009; and will not reopen on 
Friday, September 11, 2009.
    Areas 7 and 7A Reef net: Will remain closed after 9 p.m. on 
Thursday, September 10, 2009; and will not reopen Friday, September 11, 
2009.

Order Number 2009-08: Issued 11:45 a.m., September 11, 2009

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open to drift gillnets from 12 p.m. (noon) 
Saturday, September 12, 2009 to 11:59 p.m. (midnight) on Monday, 
September 14, 2009.
    Areas 6, 7, and 7A: Open to drift gillnets and purse seines from 11 
a.m. Saturday, September 12, 2009 to 9 p.m. Monday, September 14, 2009. 
Iwersen Dock Line restriction is not in effect. Iwerson Dock Line 
restriction rescinded effective 11:05 a.m. Friday, September 11, 2009.
    The Fraser River Panel approved the following relinquishment of 
regulatory control in U.S. Puget Sound Panel waters:
    Area 4B, 5, and 6C: Relinquish regulatory control effective 12:01 
a.m., Tuesday, September 15, 2009.

Order Number 2009-09: Issued 1:20 p.m., September 12, 2009

Treaty Indian Fisheries
    Areas 6, 7, and 7A: Fishery closed at 9:00 p.m. Sunday, September 
13, 2009.

Order Number 2009-10: Issued 12:01 a.m., September 18, 2009

    The Fraser River Panel approved the following relinquishment of 
regulatory control in U.S. Puget Sound Panel waters:
    Area 7: Relinquish Regulatory Control effective 12:01 a.m. Friday, 
September 18, 2009.

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 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.
    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: November 20, 2009.
Emily H. Menashes,
Acting DirectorOffice of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-28319 Filed 11-24-09; 8:45 am]
BILLING CODE 3510-22-S