[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Rules and Regulations]
[Pages 63057-63058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25865]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 020430101-2101-01; I.D. 092602A]
Fisheries Off West Coast States and in the Western Pacific; West
Coast Salmon Fisheries; Inseason Action 13--Adjustment of the
Commercial Fishery from the U.S.-Canada Border to Cape Falcon, OR
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Adjustments; request for comments.
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SUMMARY: NMFS announces that the commercial fishery in the area from
the U.S.-Canada Border to Cape Falcon, OR was modified to reopen on
August 22, 2002, and close at midnight, August 28, 2002, with a vessel
limit of 250 chinook salmon for the entire 7-day open period. In
addition, the gear restriction limiting fishers to no more than four
spreads per line between Cape Falcon, OR and Leadbetter Point, WA was
suspended for the open period. All other restrictions and regulations
remain in effect as announced for 2002 ocean salmon fisheries. The
Northwest Regional Administrator, NMFS (Regional Administrator),
determined that available catch and effort data indicated that these
management measures should be implemented to provide fishers greater
access to the chinook and coho quotas. This action was necessary to
conform to the 2002 management goals.
DATES: Adjustments in the area from the U.S.-Canada Border to Cape
Falcon, OR, effective 0001 hours local time (l.t.), August 22, 2002,
through 2359 hours l.t. August 28, 2002, after which the fishery will
remain closed until opened through an additional inseason action, which
will be published in the Federal Register for the west coast salmon
fisheries, or until the effective date of the year 2003 management
measures. Comments will be accepted through October 25, 2002.
ADDRESSES: Comments on these actions must be mailed or faxed to D.
Robert Lohn, Regional Administrator, Northwest Region, NMFS, NOAA, 7600
Sand Point Way N.E., Bldg. 1, Seattle, WA 98115-0070, facsimile 206-
526-6376; or
Rod McInnis, Acting Regional Administrator, Southwest Region, NMFS,
NOAA, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4132,
facsimile 562-980-4018.
Comments will not be accepted if submitted via e-mail or the
Internet. Information relevant to this document is available for public
review during business hours at the Office of the Regional
Administrator, Northwest Region, NMFS.
FOR FURTHER INFORMATION CONTACT: Christopher Wright, 206-526-6140.
SUPPLEMENTARY INFORMATION: The Regional Administrator modified the
season for the commercial fishery in the commercial fishery in the area
from the U.S.-Canada Border to Cape Falcon, OR to reopen on August 22,
2002, and close at midnight, August 28, 2002, with a vessel limit of
250 chinook salmon for the entire 7-day open period. In addition, the
gear restriction limiting fishers to no more than four spreads per line
between Cape Falcon, OR and Leadbetter Point, WA was suspended for the
open period. Information provided on August 21, 2002, regarding the
available catch and effort data indicated that these management
measures should be implemented to allow fishers to fully access the
chinook and coho quotas. Modification of fishing seasons and gear
restriction are authorized by regulations at 50 CFR 660.409(b)(1)(i)
and 50 CFR 660.409(b)(1)(iv), respectively.
In the 2002 annual management measures for ocean salmon fisheries
(67 FR 30616, May 7, 2002), NMFS announced that the commercial fishery
for all salmon except coho in the area from the U.S.-Canada Border to
Cape Falcon, OR would open July 1, 2002, and run through the earlier of
September 8, 2002, or a 32,500-chinook quota, except for a selective
fishery for marked coho in the sub-area from Leadbetter Point, WA to
Cape Falcon, OR scheduled at the end of the season with a 5,000-marked
coho quota.
The fishery in the area from the U.S.-Canada Border to Cape Falcon,
OR, has been modified four times so far by inseason action. The first
inseason action opened the fishery as scheduled on July 1, 2002, but
modified it to close at midnight, July 8, 2002, with the provision that
no vessel may possess, land, or deliver more than 250 chinook for the
entire 8-day open period (67 FR 47334, July 18, 2002). The second
inseason action reopened the area on July 12, 2002, and closed it at
midnight, July 22, 2002, with the provision that no vessel may possess,
land, or deliver more than 400 chinook for the entire 11-day open
period (67 FR 49875, August 1, 2002). The third inseason action
reopened the area on July 26, 2002, and closed it at midnight, August
5, 2002, with the provision that no vessel may possess, land, or
deliver more than 500 chinook salmon for the entire 11-day open period
(67 FR52889, August 14, 2002). The fourth inseason action reopened the
area on August 9, 2002, and closed it at midnight, August 18, 2002,
with the provision that no vessel may possess, land, or deliver more
than 400 chinook salmon for the entire 10-day open period (67 FR 60599,
September 26, 2002). In addition, the gear restriction limiting fishers
to no more than four spreads per line between Cape Falcon, OR and
Leadbetter Point, WA was suspended for the fourth open period. These
modifications to the fishing season were adopted to avoid closing the
fishery early due to reaching the chinook quota, thus precluding the
opportunity to catch available marked hatchery coho salmon later in the
season.
On August 21, 2002, the Regional Administrator consulted with
representatives of the Pacific Fishery Management Council, Washington
Department of Fish and Wildlife, and Oregon Department of Fish and
Wildlife (ODFW) by conference call. Information related to catch to
date, the chinook catch rate, and effort data indicated that it was
likely that the chinook quota would be reached prematurely unless
adequately controlled, potentially foreclosing opportunity of fishers
to conduct the selective fishery for marked coho later. As a result,
the States of Washington and Oregon recommended, and the Regional
Administrator concurred, that the commercial fishery in the area from
the U.S.-Canada Border to Cape Falcon, OR, would reopen on August 22,
2002, and close at midnight, August 28, 2002, with the provision that
no vessel may possess, land, or deliver more than 250 chinook for the
entire 7-day open period. In addition, the gear restriction limiting
fishers to no more than four spreads per line between Cape
[[Page 63058]]
Falcon, OR and Leadbetter Point, WA was again suspended for the open
period, because this gear restriction was no longer needed to limit the
catch of coho. All other restrictions that apply to this fishery remain
in effect as announced in the 2002 annual management measures. The
State of Oregon continued the landing restriction for this fishery in
their regulations requiring that fishers fishing north of Cape Falcon,
OR and intending to land salmon south of Cape Falcon, OR notify the
ODFW before they leave the area at the following phone number (541)
867-0300, Ext. 252. In addition, the parties agreed to reevaluate the
fishery on August 30, 2002, and assess the possibility of further
openers.
The Regional Administrator determined that the best available
information indicated that the catch and effort data, and projections,
supported the above inseason action 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 this Federal
action. As provided by the inseason notice procedures of 50 CFR
660.411, actual notice to fishers of the above described action was
given prior to the effective date 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.
This action does not apply to other fisheries that may be operating
in other areas.
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), or delaying the effectiveness of this rule for 30 days under
5 U.S.C. 553(d)(3), because such notification and delay would be
impracticable and contrary to the public interest. As previously noted,
actual notice of this action was provided to fishers through telephone
hotline and radio notification. This action complies with the
requirements of the annual management measures for ocean salmon
fisheries (67 FR 30616, May 7, 2002) and the West Coast Salmon Plan.
Prior notice and opportunity for public comment was impracticable
because NMFS and the State agencies have insufficient time to provide
for prior notice and the opportunity for public comment between the
time the fishery catch and effort data are collected to determine the
status of the fisheries and the time the limits to which the fishery
must be adjusted to reduce harvest rates in the fishery must be in
place. Moreover, such prior notice and the opportunity for public
comment is contrary to the public interest because it does not allow
commercial fishermen appropriately controlled access to the available
fish at the time they are available.
The AA finds good cause to waive the 30-day delay in effectiveness
required under 5 U.S.C. 553(d)(3). A delay in effectiveness of this
action would not allow commercial fishermen appropriately controlled
access to the available fish at the time they are available. This
action is authorized by 50 CFR 660.409 and 660.411 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 7, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 02-25865 Filed 10-9-02; 8:45 am]
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