67 FR 148 pgs. 49875-49876 - Fisheries Off West Coast States and in the Western Pacific; WestCoast Salmon Fisheries; Inseason Action 4 - Adjustment of the CommercialFishery from the U.S.-Canada Border to Cape Falcon, OR
Type: RULEVolume: 67Number: 148Pages: 49875 - 49876
Docket number: [Docket No. 020430101-2101-01; I.D. 072402D]
FR document: [FR Doc. 02-19429 Filed 7-31-02; 8:45 am]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version: PDF Version
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 020430101-2101-01; I.D. 072402D]
Fisheries Off West Coast States and in the Western Pacific; WestCoast Salmon Fisheries; Inseason Action 4 - Adjustment of the CommercialFishery from the U.S.-Canada Border to Cape Falcon, OR
AGENCY:
National Marine Fisheries Service (NMFS), National Oceanic andAtmospheric Administration (NOAA), Commerce.
ACTION:
Adjustment; request for comments.
SUMMARY:
NMFS announces that the commercial fishery for all salmon except coho inthe area from the U.S.-Canada Border to Cape Falcon, OR, was modified toreopen on July 12 and close at midnight, July 22, 2002, with a vessel limitof 400 chinook salmon for the 11-day open period. The Northwest RegionalAdministrator, NMFS (Regional Administrator), determined that availablecatch and effort data indicated that these management measures should beimplemented to allow fishers to fully access the chinook and coho quotaswithout exceeding the quotas. This action was necessary to conform to the2002 management goals.
DATES:
Adjustment in the area from the U.S.-Canada Border to Cape Falcon, OR,effective 0001 hours local time (l.t.), July 12, 2002, through 2359 hoursl.t. July 22, 2002, after which the fishery will remain closed until openedthrough an additional inseason action, which will be published in the Federal Register for the west coast salmon fisheries, or untilthe effective date of the year 2003 management measures. Comments will beaccepted through August 16, 2002.
ADDRESSES:
Comments on these actions must be mailed to D. Robert Lohn, RegionalAdministrator, Northwest Region, NMFS, NOAA, 7600 Sand Point Way N.E.,Bldg. 1, Seattle, WA 98115-0070; or faxed to206-526-6376; or Rod McInnis, Acting Regional Administrator,Southwest Region, NMFS, NOAA, 501 W. Ocean Blvd., Suite 4200, Long Beach,CA 90802-4132; or faxed to 562-980-4018. Comments willnot be accepted if submitted via e-mail or the Internet. Informationrelevant to this document is available for public review during businesshours 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 commercialfishery in the area from the U.S.-Canada Border to Cape Falcon, OR, toreopen on July 12 and close at midnight, July 22, 2002, with a vessel limitof 400 chinook salmon for the 11-day open period. Informationprovided on July 11 regarding the available catch and effort data indicatedthat these management measures should be implemented to allow fishers tofully access the chinook and coho quotas. Modification of fishing seasonsare authorized by regulations at 50 CFR 660.409(b)(1)(i).
In the 2002 annual management measures for ocean salmon fisheries (67 FR30616, May 7, 2002), NMFS announced that the commercial fishery for allsalmon except coho in the area from the U.S.-Canada Border to Cape Falcon,OR would open July 1 and run through the earlier of September 8 or a32,500-chinook quota, except for a selective fishery for marked cohoscheduled at the end of the season with a 5000-marked coho quota.
The fishery in the area from the U.S.-Canada Border to Cape Falcon, ORwas modified by an inseason action to close at midnight, July 8, 2002, withthe provision that no vessel may possess, land, or deliver more than 250chinook for the entire 8-day open period (67 FR 47334, July 18,2002). The modification to the fishing season was adopted to avoid closingthe fishery early due to reaching the chinook quota, thus precluding theopportunity to catch available marked hatchery coho salmon later in theseason.
On July 11, 2002, the Regional Administrator consulted withrepresentatives of the Pacific Fishery Management Council, WashingtonDepartment of Fish and Wildlife, and Oregon Department of Fish and Wildlife(ODFW) by conference call. Information related to catch to date, thechinook catch rate, and effort data indicated that it was likely that thechinook quota would be reached prematurely unless adequately controlled,potentially foreclosing opportunity of fishers to conduct the selectivefishery for marked coho later in the season. As a result, the states ofWashington and Oregon recommended, and the Regional Administratorconcurred, that the commercial fishery in the area from the U.S.-CanadaBorder to Cape Falcon, OR, would reopen on July 12 and close at midnight,July 22, 2002, with the provision that no vessel may possess, land, ordeliver more than 400 chinook for the entire 11-day open period. All otherrestrictions that apply to this fishery remain in effect as announced inthe 2002 annual management measures. The State of Oregon added a landingrestriction for this fishery in their regulations requiring that fishersfishing north of Cape Falcon, and intending to land salmon south of CapeFalcon, notify the ODFW before they leave the area at the following phonenumber (541) 867-0300, Ext. 252. In addition, the parties agreed toreevaluate the fishery on July 25, and assess the possibility of furtheropenings for the rest of 2002.
The Regional Administrator determined that the best availableinformation indicated that the catch and effort data, and projections,supported the above inseason action recommended by the states. The statesmanage the fisheries in state waters adjacent to the areas of the U.S.exclusive economic zone in accordance with this Federal action. Asprovided by the inseason notice procedures of 50 CFR 660.411, actual noticeto fishers of the above described action was given prior to the effectivedate by telephone hotline number 206-526-6667 and800-662-9825, and by U.S. Coast Guard Notice to Marinersbroadcasts on Channel 16 VHF-FM and 2182 kHz.
This action does not apply to other fisheries that may be operating inother areas.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), finds that goodcause exists for this notification to be issued without affording priornotice and opportunity for public comment under 5 U.S.C. 553(b)(B), ordelaying the effectiveness of this rule for 30 days under 5 U.S.C.553(d)(3), because such notification and delay would be impracticable andcontrary to the public interest. As previously noted, actual notice ofthis action was provided to fishers through telephone hotline and radionotification. This action complies with the requirements of the annualmanagement measures for ocean salmon fisheries (67 FR 30616, May 7, 2002)and the West Coast Salmon Plan. Prior notice and opportunity for publiccomment was impracticable because NMFS and the state agencies haveinsufficient time to provide for prior notice and the opportunity forpublic comment between the time the fishery catch and effort data arecollected to determine the extent of the fisheries and the time the limitsto which the fishery must be adjusted to reduce the tempo of the fisherymust be in place. Moreover, such prior notice and the opportunity forpublic comment is contrary to the public interest because it does not allowcommercial fishermen appropriately controlled access to the available fishat the time they are available.
Moreover, the AA finds good cause to waive the 30-day delay ineffectiveness required under 5 U.S.C. 553(d)(3). A delay in effectivenessof this action would not allow commercial fishermen appropriatelycontrolled 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 exemptfrom review under Executive Order 12866.
Authority:
16 U.S.C. 1801 et seq .
Dated: July 26, 2002.
Valerie L. Chambers,
Acting Director, Office of Sustainable Fisheries, National MarineFisheries Service.
[FR Doc. 02-19429 Filed 7-31-02; 8:45 am]
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