[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Rules and Regulations]
[Pages 75639-75640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30507]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100218107-0199-01]
RIN 0648-XY83


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
14 and 15

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 two inseason actions in the ocean 
salmon fisheries. Inseason action 14 modified the commercial 
fishery in the area from the U.S./Canada Border to Cape Falcon, Oregon. 
Inseason action 15 modified the commercial and recreational 
fisheries in the area from U.S./Canada Border to Cape Falcon, Oregon.

DATES: Inseason actions 14 and 15 were effective on 
September 3, 2010, and 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 
December 21, 2010.

ADDRESSES: You may submit comments, identified by 0648-XY83, 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 September 2, 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 14 announced that the commercial salmon 
fishery from the

[[Page 75640]]

U.S./Canada Border to Cape Falcon, Oregon would close at 11:59 p.m., 
Tuesday, September 7, 2010. This action was taken to fully utilize 
remaining Chinook salmon quota without exceeding the available quota 
between the Commercial and Recreational fisheries. On September 2, 
2010, the States recommended this action and the RA concurred; inseason 
action 14 took effect on September 3, 2010. Modification of 
quota and/or fishing seasons is authorized by 50 CFR 660.409 (b)(1)(i).
    Inseason action 15 modified the quotas for the commercial 
and recreational fisheries through an inseason transfer of quota; 1,000 
Chinook salmon were transferred from the north of Cape Falcon 
recreational fishery guideline to the north of Cape Falcon commercial 
fishery quota. The Salmon Technical Team determined that the impact 
neutral effective transfer would increase the commercial quota north of 
Cape Falcon by 800 Chinook salmon. This action was taken to make 
available to the commercial fishery Chinook salmon quota that was 
otherwise projected to go unutilized in the recreational fishery. On 
September 2, 2010, the States recommended this action and the RA 
concurred; inseason action 15 took effect on September 3, 
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: November 30, 2010.
Brian W. Parker,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-30507 Filed 12-3-10; 8:45 am]
BILLING CODE 3510-22-P