[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Rules and Regulations]
[Pages 54791-54792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22520]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No.100218107-0199-01]
RIN 0648-XY08


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
9, 10, and 11

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 actions 9 and 11 modified 
the commercial fishery in the area from U.S./Canada Border to Cape 
Falcon, Oregon. Inseason action 10 modified the recreational 
fishery in the areas from U.S. Canada Border to Cape Alava (Neah Bay 
Subarea), Cape Alava to Queets River (La Push Subarea), and Queets 
River to Leadbetter Point (Westport Subarea).

DATES:  Inseason action 9 was effective on July 16, 2010. 
Inseason action 10 was effective on July 23, 2010. Inseason 
action 11 was effective on July 30, 2010. Inseason actions 
9, 10, and 11 remain in effect until the 
closing date of the 2010 salmon season announced in the 2010 annual 
management measures or through additional inseason action. Comments 
will be accepted through September 24, 2010.

ADDRESSES:  You may submit comments, identified by 0648-XY08, 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 2010 annual management measures for 
ocean salmon fisheries (75 FR 24482, May 5, 2010), 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, 2010.
    The Regional Administrator (RA) consulted with representatives of 
the Council, Washington Department of Fish and Wildlife, and Oregon 
Department of Fish and Wildlife on July 15, 2010. The information 
considered during this consultation related to Chinook and coho salmon 
catch to date and Chinook and coho salmon catch rates compared to 
quotas and other management measures established preseason.
    Inseason action 9 increased the landing and possession 
limits for the commercial salmon fishery from the U.S./Canada Border to 
Cape Falcon, Oregon. The open period landing and possession limits of 
40 Chinook salmon and 30 coho per vessel, imposed by inseason action 
6 (75 FR 51183, August 19, 2010), were increased to 60 Chinook 
salmon and 50 coho per vessel north of Leadbetter Point or 60 Chinook 
salmon and 50 coho per vessel south of Leadbetter Point. This action 
was taken because salmon catch rates had been lower than expected due 
to poor weather conditions that had limited fishery participation. 
There was concern that if landing and possession limits were not 
increased there would be lost opportunity to utilize available salmon 
quota. On July 15, 2010, the states recommended this action and the RA 
concurred; inseason action 9 took effect on July 16, 2010. 
Modification of quota and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    The RA consulted with representatives of the Council, Washington 
Department of Fish and Wildlife, and Oregon Department of Fish and 
Wildlife on July 20, 2010. The information considered during this 
consultation related to catch to date for Chinook and coho salmon and 
Chinook and coho salmon catch rates compared to quotas and other 
management measures established preseason for the recreational fishery.
    Inseason action 10 modified fishery openings in the 
recreation fisheries in Neah Bay, La Push, and Westport subareas. 
Openings described in the 2010 annual management measures were Tuesday 
through Saturday for Neah Bay and La Push subareas, and Sunday through 
Thursday for the Westport subarea. Inseason action 10 changed 
these 5-day openings to 7-day openings. This action was taken to 
provide more opportunity for recreational fishing as fishing effort had 
been low, due largely to poor weather conditions. Low fishing effort 
resulted in unutilized Chinook and coho salmon quota in these subareas. 
On July 20, 2010, the states recommended this action and the RA 
concurred; inseason action 10 took effect on July 23, 2010. 
Modification of quota and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    The RA consulted with representatives of the Council, Washington 
Department of Fish and Wildlife, and Oregon Department of Fish and 
Wildlife on July 29, 2010. The information considered during this 
consultation related to catch to date for Chinook and coho salmon and 
Chinook and coho salmon catch rates compared to quotas and other 
management measures established preseason for the fishery.
    Inseason action 11 increased the landing and possession 
limit for Chinook salmon in the commercial salmon fishery from the 
U.S./Canada Border to Cape Falcon, Oregon;

[[Page 54792]]

superseding the limit established by inseason action 9. The 
open period landing and possession limit of 60 Chinook salmon per 
vessel, imposed by inseason action 9, was increased to 75 
Chinook salmon per vessel. No change was made to the open period limit 
of 50 coho per vessel. Inseason action 11 also modified the 
commercial fishery openings north of Cape Falcon that were scheduled 
Saturday through Tuesday, beginning July 31, 2010; openings will 
instead be Friday through Tuesday, beginning July 30, 2010. This action 
was taken because salmon catch rates had been lower than expected due 
to poor weather conditions that had limited fishery participation. 
There was concern that if the landing and possession limit for Chinook 
salmon was not increased there would be lost opportunity to utilize 
available salmon quota. On July 29, 2010, the states recommended this 
action and the RA concurred; inseason action 11 took effect on 
July 30, 2010. Modification of quota and/or fishing seasons is 
authorized by 50 CFR 660.409(b)(1)(i).
    All other restrictions and regulations remain in effect as 
announced for the 2010 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.

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 (75 FR 24482, May 5, 2010), 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 ensure that 
fisheries are managed based on the best available scientific 
information, thus allowing fishers access to the available fish at the 
time the fish were available while ensuring that quotas are not 
exceeded. 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: September 3, 2010.
 Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-22520 Filed 9-8-10; 8:45 am]
BILLING CODE 3510-22-S