[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Rules and Regulations]
[Pages 70062-70064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29192]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XA803


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.

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SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate 
treaty and non-treaty (all citizen) commercial 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 2011 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 
commercial 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.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at (206) 526-4323.

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 Tribal and non-Tribal commercial 
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 76 FR 25246 
(May 4, 2011). 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 2011 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 2011 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 76 FR 25246 
(May 4, 2011); 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 2011-01: Issued 12:30 p.m., July 26, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open to drift gillnets from 6 p.m., Tuesday, 
July 26, 2011 to 12 p.m. (noon), Saturday, July 30, 2011.

Order Number 2011-02: Issued 11:30 a.m., July 29, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open to drift gillnets, extended from 12 p.m. 
(noon), Saturday, July 30, 2011 to 12 p.m. (noon), Wednesday, August 3, 
2011.

Order Number 2011-03: Issued 12:30 p.m., August 2, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Wednesday, August 3, 2011, to 12 p.m. (noon), Thursday, August 4, 2011.

Order Number 2011-04: Issued 11:45 a.m., August 3, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon) 
Thursday, August 4, 2011 to 12 p.m. (noon) Saturday, August 6, 2011.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m. Thursday, 
August 4, 2011 to 9 a.m. Friday, August 5, 2011.
All Citizen Fisheries
    Areas 7 and 7A: Open to gillnets from 2 p.m. to 11:59 p.m. 
(midnight) Friday, August 5, 2011.
    Areas 7 and 7A: Open to purse seines from 9 a.m. to 7 p.m. Friday, 
August 5, 2011.
    Areas 7 and 7A: Open to reefnets from 5 a.m. to 3 p.m. Saturday, 
August 6, 2011.

[[Page 70063]]

Order Number 2011-05: Issued 1:30 p.m., August 5, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Saturday, August 6, 2011, to 12 p.m. (noon), Tuesday, August 9, 2011.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m. Saturday, 
August 6, 2011 to 11:59 p.m. Saturday, August 6, 2011.

Order Number 2011-06: Issued 3 p.m., August 8, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Tuesday, August 9, 2011, through 12 p.m. (noon) Wednesday, August 10, 
2011.

Order Number 2011-07: Issued 12:30 p.m., August 9, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon) 
Wednesday, August 10, 2011 through 12 p.m. (noon) Saturday, August 13, 
2011.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m. to 11:59 p.m. 
(midnight) Wednesday, August 10, 2011.
All Citizen Fisheries
    Areas 7 and 7A: Open to gillnets from 8 a.m. to 11:59 p.m. 
(midnight) Thursday, August 11, 2011.
    Areas 7 and 7A: Open to purse seines from 9 a.m. to 5 p.m. 
Thursday, August 11, 2011.
    Areas 7 and 7A: Open to reefnets from 5 a.m. to 9 p.m. Thursday, 
August 11, 2011.

Order Number 2011-08: Issued 1:40 p.m., August 12. 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon) 
Saturday, August 13, 2011 through 12 p.m. (noon) Tuesday, August 16, 
2011.
All Citizen Fisheries
    Areas 7 and 7A: Open to gillnets from 12 p.m. (noon) to 11:59 p.m. 
(midnight) Sunday, August 14, 2011.
    Areas 7 and 7A: Open to purse seines from 10 a.m. to 4 p.m. Monday, 
August 15, 2011.
    Areas 7 and 7A: Open to reefnets from 12 p.m. (noon) to 8 p.m. 
Saturday, August 13, 2011, and from 12 p.m. (noon) to 8 p.m. Sunday, 
August 14, 2011.

Order Number 2011-09: Issued 2:25 p.m., August 15, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon) 
Tuesday, August 16, 2011, through 12 p.m. (noon) Wednesday, August 17, 
2011.

Order Number 2011-10: Issued 1:15 p.m., August 19, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 12 p.m. (noon) 
Saturday, August 20 through 12 p.m. (noon) Wednesday, August 24, 2011.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m. Monday, August 
22, 2011 through 9 a.m. Tuesday, August 23, 2011.

Order Number 2011-11: Issued 1:30 p.m., August 23, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon) 
Wednesday, August 24, 2011 through 12 p.m. (noon) Saturday, August 27, 
2011.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m. Thursday, 
August 25, 2011 through 11:59 p.m. (midnight) Friday, August 26, 2011.
All Citizen Fisheries
    Areas 7 and 7A: Open to gillnets from 8 a.m. to 11:59 p.m. 
(midnight) Wednesday, August 24, 2011.
    Areas 7 and 7A: Open to purse seines from 5 a.m. to 9 p.m. 
Wednesday, August 24, 2011.
    Areas 7 and 7A: Open to reefnets from 5 a.m. to 9 p.m. Wednesday, 
August 24, 2011, Thursday, August 25, 2011, and Friday August 26, 2011.

Order Number 2011-12: Issued 1:45 p.m., August 26, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon) 
Saturday, August 27, 2011 through 12 p.m. (noon) Tuesday, August 30, 
2011.
All Citizen Fisheries
    Areas 7 and 7A: Open to reefnets with non-retention of sockeye from 
5 a.m. to 9 p.m. Saturday, August 27, 2011, Sunday, August 28, 2011, 
and Monday August 29, 2011.

Order Number 2022-13: Issued 1 p.m., August 29, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon) 
Tuesday, August 30, 2011 through 12 p.m. (noon) Friday, September 2, 
2011.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m. until 11:59 
p.m. (midnight) Tuesday, August 30, 2011.
All Citizen Fisheries
    Areas 7 and 7A: Open to gillnets with non-retention of sockeye from 
8 a.m. to 11:59 p.m. (midnight) Wednesday, August 31, 2011.
    Areas 7 and 7A: Open to purse seines with non-retention of sockeye 
from 5 a.m. to 9 p.m. Wednesday, August 31, 2011.
    Areas 7 and 7A: Open to reefnets with non-retention of sockeye from 
5 a.m. to 9 p.m. Tuesday, August 30, 2011, Wednesday, August 31, 2011 
and Thursday, September 1, 2011.

Order Number 2011-14: Issued 1:30 p.m., September 1, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon) 
Friday, September 2, 2011 through 12 p.m. (noon) Wednesday, September 
7, 2011.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m. Friday, 
September 2, 2011 until 11 a.m. Sunday, September 4, 2011, in the area 
southerly and easterly of a straight line drawn from Iwersen's 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: Open to gillnets with non-retention of sockeye from 
11 a.m. to 11:59 p.m. (midnight) Sunday, September 4, 2011, in the area 
southerly and easterly of a straight line drawn from Iwersen's 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: Open to purse seines with non-retention of sockeye 
from 11 a.m. to 9 p.m. Sunday, September 4, 2011, in the area southerly 
and easterly of a straight line drawn from Iwersen's 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: Open to reefnets with non-retention of sockeye 
daily from 5 a.m. to 9 p.m. Friday, September 2, 2011 through Tuesday, 
September 6, 2011.

Order Number 2011-15: Issued 11:30 a.m., September 2, 2011

Treaty Indian Fisheries
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m. Monday, 
September 5, 2011 until 9 a.m. Tuesday, September 6, 2011, in the area 
southerly and

[[Page 70064]]

easterly of a straight line drawn from Iwersen's 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: Open to gillnets with non-retention of sockeye from 
8:15 a.m. to 11:59 p.m. (midnight) Tuesday, September 6, 2011, in the 
area southerly and easterly of a straight line drawn from Iwersen's 
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: Open to purse seines with non-retention of sockeye 
from 5 a.m. to 9 p.m. Tuesday, September 6, 2011, in the area southerly 
and easterly of a straight line drawn from Iwersen's 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 2011-16: Issued 12:30 p.m., September 6, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon) 
Wednesday, September 7, 2011 through 9 a.m. Friday, September 9, 2011.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m. Wednesday, 
September 7, 2011 until 9 a.m. Friday, September 9, 2011, in the area 
southerly and easterly of a straight line drawn from Iwersen's 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: Open to reefnets with non-retention of sockeye from 
5 a.m. to 9 p.m. Wednesday, September 7, 2011 and Thursday, September 
8, 2011.

Order Number 2011-17: Issued 1 p.m., September 12, 2011

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnets from 5 a.m. until 
11:59 p.m. (midnight) Tuesday, September 13, 2011.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m. until 11:59 
p.m. (midnight) Tuesday, September 13, 2011, in the area southerly and 
easterly of a straight line drawn from Iwersen's 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 2011-18: Issued 9 a.m., September 19, 2011

    Areas 6 and 7: Relinquish regulatory control effective 11:59 p.m. 
(midnight), Saturday, September 24, 2011.
    Area 7A: The area easterly of the Eastpoint Light line will be 
relinquished as scheduled at 11:59 p.m. (midnight) on Saturday, October 
1, 2011. The remainder of Area 7A (westerly of the Eastpoint Light 
line) will be relinquished as scheduled at 11:59 p.m. (midnight) on 
Saturday, October 8, 2011.

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 4, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-29192 Filed 11-9-11; 8:45 am]
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