[Federal Register Volume 76, Number 59 (Monday, March 28, 2011)]
[Rules and Regulations]
[Pages 17033-17034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7242]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100218107-0199-01]
RIN 0648-XA293


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
1, 2, 3, and 4

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 action 1 modified the commercial 
fishery in the area from Cape Falcon, Oregon to Humbug Mountain, 
Oregon. Inseason action 2 modified the commercial fishery in 
the area from Humbug Mountain, Oregon to the Oregon/California Border. 
Inseason action 3 modified the recreational fishery in the 
area from Horse Mountain, California to Point Arena, California. 
Inseason action 4 modified the recreational fishery in the 
area from Point Arena, California to the U.S./Mexico Border.

DATES: Inseason actions 1 and 2 were effective on 
March 15, 2011. Inseason actions 3 and 4 are 
effective April 2, 2011. Inseason actions 1, 2, 
3, and 4 remain in effect until the opening of the 
2011 salmon season announced in the 2011 annual management measures or 
until modified through additional inseason action, which will publish 
in the Federal Register. Comments will be accepted through April 12, 
2011.

ADDRESSES: You may submit comments, identified by RIN 0648-XA293, 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: 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, and 2011 salmon seasons 
opening earlier than May 1, 2011.
    The Regional Administrator (RA) consulted with representatives of 
the Council, Oregon Department of Fish and Wildlife and California 
Department of Fish and Game on March 9, 2011. The information 
considered during this consultation related to Chinook and coho salmon 
2010 spawning escapements, 2011 abundance forecasts, and annual 
management objectives.
    Inseason action 1 delayed the scheduled opening for the 
commercial salmon fishery from Cape Falcon, Oregon to Humbug Mountain, 
Oregon, previously scheduled for March 15, 2011, to April 15, 2011. 
Seven days per week. All salmon except coho. All vessels fishing in the 
area must land their fish in the State of Oregon. See gear restrictions 
and definitions (C.2, C.3 in 75 FR 24482) and Oregon State regulations 
for a description of special regulations at the mouth of Tillamook Bay. 
This action was taken to comply with conservation constraints. On March 
9, 2011, the states recommended this action and the RA concurred; 
inseason action 1 took effect on March 15, 2011. Modification 
of quota and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    Inseason action 2 cancelled the commercial fishery from 
Humbug Mountain, Oregon to the Oregon/California Border previously 
scheduled to open on March 15, 2011. This action was taken to comply 
with conservation constraints. On March 9, 2011, the states recommended 
this action and the RA concurred; inseason action 2 took 
effect on March 15, 2011. Modification of quota and/or fishing seasons 
is authorized by 50 CFR 660.409(b)(1)(i).
    Inseason action 3 established a recreational fishery from 
Horse Mountain, California to Point Arena (Fort Bragg), opening April 
2, 2011. Seven days per week. All salmon except coho, two fish per day 
(C.1 in 75 FR 24482). Chinook minimum size limit of 24 inches total 
length. The same gear restrictions as in 2010 (C.2, C.3 in 75 FR 
24482). This action was taken to provide access to fish available for 
harvest within conservation constraints. On March 9, 2011, the states 
recommended this action and the RA concurred; inseason action 
3 will take effect April 2, 2011. Modification of quota and/or 
fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Inseason action 4 established a recreational fishery from 
Point Arena, California to the California/Mexico Border, opening April 
2, 2011. Seven days per week. All salmon except coho, two fish per day 
(C.1 in 75 FR 24482). Chinook minimum size limit of 24 inches total 
length. The same gear restrictions as in 2010 (C.2, C.3 in 75 FR 
24482). This action was taken to provide access to fish available for 
harvest within conservation constraints. On March 9, 2011, the states 
recommended this action and the RA concurred; inseason action 
4 will take effect April 2, 2011. 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

[[Page 17034]]

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: March 23, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-7242 Filed 3-25-11; 8:45 am]
BILLING CODE 3510-22-P