Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; Inseason Action - greek-i1 - Adjustment of the Commercial and Recreational Fisheries from Cape Falcon, Oregon, to Point Sur, California, 13942-13943 [06-2654]
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13942
Federal Register / Vol. 71, No. 53 / Monday, March 20, 2006 / Rules and Regulations
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(iii) Third Party Complaint ..............................................................................................................................................
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PART VII: Services:
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Temporary rule; closure;
request for comments.
ACTION:
[FR Doc. 06–2662 Filed 3–17–06; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
rmajette on PROD1PC67 with RULES1
[Docket No. 050426117–5117–01; I.D.
031406F]
Fisheries Off West Coast States and in
the Western Pacific; West Coast
Salmon Fisheries; Inseason Action - #1
- Adjustment of the Commercial and
Recreational Fisheries from Cape
Falcon, Oregon, to Point Sur,
California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
VerDate Aug<31>2005
15:02 Mar 17, 2006
Jkt 208001
SUMMARY: NMFS announces the closure
of several commercial and recreational
fisheries in areas extending from Cape
Falcon, OR, to Point Sur, CA by
inseason action. The recently developed
preseason forecast for Klamath River fall
Chinook (KRFC) is low such that the
expected return in 2006 is significantly
less than the 35,000 natural spawner
escapement floor established in the
Pacific Coast Salmon Fishery
Management Plan (FMP). All other
regulations remain in effect as
announced in the 2005 annual
management measures for ocean salmon
fisheries. This action is necessary to
conform to the conservation objectives
specified in the FMP.
DATES: Openings scheduled for
commercial salmon fisheries in the
Newport, Coos Bay, OR, Klamath
Management Zone (KMZ), and Fort
Bragg, CA, management areas identified
below are closed effective 0001 hours
local time (l.t.) March 15, 2006, until
2359 hours l.t., on April 30, 2006. The
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
$34 per document.
200
950
1,200
4,300
400
75
75
75
75
150
200
$27 per delivery.
$20 per list.
100
$39 per party.
350
$39 per party.
150
25
50
$25 per year.
100
$250 per year.
$500 per year.
50
$93 per hour.
recreational salmon fisheries scheduled
to open in the San Francisco, CA,
management area, and in the area from
Pigeon Point to Point Sur, CA, effective
0001 hours l.t., April 1, 2006, until 2359
hours l.t., April 30, 2006 are closed. The
recreational fishery opening in the area
from Point Sur, CA, to the U.S.-Mexico
Border will open as scheduled on April
1, 2006. Comments must be received no
later than April 4, 2006.
Comments on these actions
must be mailed to D. Robert Lohn,
Regional Administrator, Northwest
Region, NMFS, NOAA, 7600 Sand Point
Way N.E., Bldg. 1, Seattle, WA 98115–
0070; or faxed to 206–526–6376; or Rod
McInnis, Regional Administrator,
Southwest Region, NMFS, NOAA, 501
W. Ocean Blvd., Suite 4200, Long
Beach, CA 90802–4132; or faxed to 562–
980–4018. Comments can also be
submitted via e-mail at the
2006salmonIA1.nwr@noaa.gov address,
or through the internet at the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments,
ADDRESSES:
E:\FR\FM\20MRR1.SGM
20MRR1
rmajette on PROD1PC67 with RULES1
Federal Register / Vol. 71, No. 53 / Monday, March 20, 2006 / Rules and Regulations
and include [docket number and/or RIN
number] in the subject line of the
message. 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:
Peter Dygert, 206–526–6734.
SUPPLEMENTARY INFORMATION: In the
2005 annual management measures for
ocean salmon fisheries (70 FR 23054,
May 4, 2005), NMFS announced
management measures for the
commercial salmon fishery in the areas
from Cape Falcon to Florence South
Jetty, OR (Newport), Florence South
Jetty to Humbug Mountain, OR (Coos
Bay), Humbug Mountain to the OregonCalifornia Border (Oregon KMZ), and
Horse Mountain, CA to Point Arena, CA
(Fort Bragg). For each of these areas the
management measures specified that:
‘‘In 2006, the season will open March 15
for all salmon expect coho, with a 27–
inch (68.6–cm) Chinook minimum size
limit.’’ Management measures for
recreational fisheries in the areas from
Point Arena to Pigeon Point, CA (San
Francisco) and from Pigeon Point to the
U.S.-Mexico Border specified that: ‘‘In
2006, the season will open April 1 for
all salmon except coho, two fish per day
(C.1), Chinook minimum size limit 20
inches (50.8 cm) total length (B), and the
same gear restrictions as in 2005 (C.2,
C.3).’’ Exact boundaries of these areas
are described in the 2005 management
measures cited below.
Information related to the status of
KRFC became available in February
2006 and was considered at the March
Council meeting. The conservation
objective for KRFC requires a return of
33–34 percent of potential adult
spawners, but no fewer that 35,000
naturally spawning adults, be achieved
in any one year. The preseason forecast
for KRFC indicates that, if the ocean
fishery is closed between Cape Falcon,
OR and Point Sur, CA through August
2006, and the tribal and recreational
fisheries in the Klamath River are closed
for the remainder of the year, the
expected number of natural area adult
spawners would be approximately
29,000. Under the Salmon FMP a
‘‘conservation alert’’ is triggered when a
stock is projected to fall below its
conservation objective. Under such
circumstances the Council is required to
close salmon fisheries within Council
jurisdiction that impact the stock.
VerDate Aug<31>2005
15:02 Mar 17, 2006
Jkt 208001
The escapement of KRFC also fell
below the 35,000–escapement floor in
2004 and 2005. The FMP provides that
an ‘‘overfishing concern’’ is triggered if
postseason estimates indicate that a
natural stock has failed to achieve its
conservation objective in three
consecutive years. If KRFC fail to meet
the 35,000 fish escapement floor in
2006, as indicated by postseason
estimates that will become available
early next year, an overfishing concern
would be triggered, and the Council
would be required to complete a formal
review within one year and develop an
associated rebuilding plan.
Late season ocean fisheries that occur
from September to November are
expected to catch immature KRFC, some
of which would spawn in the following
year. Late season fisheries occurred in
2005 consistent with the 2005
management measures, but caught more
KRFC than anticipated. The estimated
late season catch of KRFC in 2005 was
approximately 6,100. Council fisheries
are managed to achieve 50:50 tribal:nontribal sharing of adult harvest. Despite
the fact that the forecast now available
indicates that the run size is such that
the escapement floor will not be met in
2006, some non-tribal ocean catch has
already occurred, as explained above,
and there will likely be additional
harvest by the tribes targeting their
allocation. Any additional harvest in
ocean fisheries would further reduce the
run size and provide further
expectations for tribal catch.
The Regional Administrator consulted
with the Council, including
representation of the Oregon
Department of Fish and Wildlife and
California Department of Fish and
Game, during the March 2006 Council
meeting. Information related to the
status of KRFC and catch to date
indicated that restricting the fisheries
scheduled to occur before May 1 was
necessary to avoid further reductions in
the escapement of KRFC that were
already projected to return below the
35,000–fish spawning escapement floor.
Based on the available information, the
Council recommended that the
commercial and recreational salmon
fisheries described above be closed by
inseason action, and the Regional
Administrator concurred with the
Council’s recommendation. The states
manage the fisheries in state waters
adjacent to the areas of the U.S.
exclusive economic zone consistent
with these Federal actions. As provided
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
13943
by the inseason notice procedures of 50
CFR 660.411, actual notice to fishers of
the previously described action 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.
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) because such
notification would be impracticable. 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 (70
FR 23054, May 4, 2005), the FMP, and
regulations implementing the FMP 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 information regarding
the projected escapement of KRFC and
the estimates of the impacts of the
scheduled March and April fisheries on
the KRFC were available to the fishery
managers and March 15, when the
fishery closures had to be effective in
order to prevent the additional KRFC
harvest. 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 result in further
reductions to the spawning escapement
of KRFC that are already expected to
return below the 35,000 fish spawning
escapement floor.
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: March 15, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–2654 Filed 3–15–06; 2:06 pm]
BILLING CODE 3510–22–S
E:\FR\FM\20MRR1.SGM
20MRR1
]]>Agencies
[Federal Register Volume 71, Number 53 (Monday, March 20, 2006)]
[Rules and Regulations]
[Pages 13942-13943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2654]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 050426117-5117-01; I.D. 031406F]
Fisheries Off West Coast States and in the Western Pacific; West
Coast Salmon Fisheries; Inseason Action - 1 - Adjustment of
the Commercial and Recreational Fisheries from Cape Falcon, Oregon, to
Point Sur, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the closure of several commercial and
recreational fisheries in areas extending from Cape Falcon, OR, to
Point Sur, CA by inseason action. The recently developed preseason
forecast for Klamath River fall Chinook (KRFC) is low such that the
expected return in 2006 is significantly less than the 35,000 natural
spawner escapement floor established in the Pacific Coast Salmon
Fishery Management Plan (FMP). All other regulations remain in effect
as announced in the 2005 annual management measures for ocean salmon
fisheries. This action is necessary to conform to the conservation
objectives specified in the FMP.
DATES: Openings scheduled for commercial salmon fisheries in the
Newport, Coos Bay, OR, Klamath Management Zone (KMZ), and Fort Bragg,
CA, management areas identified below are closed effective 0001 hours
local time (l.t.) March 15, 2006, until 2359 hours l.t., on April 30,
2006. The recreational salmon fisheries scheduled to open in the San
Francisco, CA, management area, and in the area from Pigeon Point to
Point Sur, CA, effective 0001 hours l.t., April 1, 2006, until 2359
hours l.t., April 30, 2006 are closed. The recreational fishery opening
in the area from Point Sur, CA, to the U.S.-Mexico Border will open as
scheduled on April 1, 2006. Comments must be received no later than
April 4, 2006.
ADDRESSES: Comments on these actions must be mailed to D. Robert Lohn,
Regional Administrator, Northwest Region, NMFS, NOAA, 7600 Sand Point
Way N.E., Bldg. 1, Seattle, WA 98115-0070; or faxed to 206-526-6376; or
Rod McInnis, Regional Administrator, Southwest Region, NMFS, NOAA, 501
W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4132; or faxed to 562-
980-4018. Comments can also be submitted via e-mail at the
2006salmonIA1.nwr@noaa.gov address, or through the internet at the
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments,
[[Page 13943]]
and include [docket number and/or RIN number] in the subject line of
the message. 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: Peter Dygert, 206-526-6734.
SUPPLEMENTARY INFORMATION: In the 2005 annual management measures for
ocean salmon fisheries (70 FR 23054, May 4, 2005), NMFS announced
management measures for the commercial salmon fishery in the areas from
Cape Falcon to Florence South Jetty, OR (Newport), Florence South Jetty
to Humbug Mountain, OR (Coos Bay), Humbug Mountain to the Oregon-
California Border (Oregon KMZ), and Horse Mountain, CA to Point Arena,
CA (Fort Bragg). For each of these areas the management measures
specified that: ``In 2006, the season will open March 15 for all salmon
expect coho, with a 27-inch (68.6-cm) Chinook minimum size limit.''
Management measures for recreational fisheries in the areas from Point
Arena to Pigeon Point, CA (San Francisco) and from Pigeon Point to the
U.S.-Mexico Border specified that: ``In 2006, the season will open
April 1 for all salmon except coho, two fish per day (C.1), Chinook
minimum size limit 20 inches (50.8 cm) total length (B), and the same
gear restrictions as in 2005 (C.2, C.3).'' Exact boundaries of these
areas are described in the 2005 management measures cited below.
Information related to the status of KRFC became available in
February 2006 and was considered at the March Council meeting. The
conservation objective for KRFC requires a return of 33-34 percent of
potential adult spawners, but no fewer that 35,000 naturally spawning
adults, be achieved in any one year. The preseason forecast for KRFC
indicates that, if the ocean fishery is closed between Cape Falcon, OR
and Point Sur, CA through August 2006, and the tribal and recreational
fisheries in the Klamath River are closed for the remainder of the
year, the expected number of natural area adult spawners would be
approximately 29,000. Under the Salmon FMP a ``conservation alert'' is
triggered when a stock is projected to fall below its conservation
objective. Under such circumstances the Council is required to close
salmon fisheries within Council jurisdiction that impact the stock.
The escapement of KRFC also fell below the 35,000-escapement floor
in 2004 and 2005. The FMP provides that an ``overfishing concern'' is
triggered if postseason estimates indicate that a natural stock has
failed to achieve its conservation objective in three consecutive
years. If KRFC fail to meet the 35,000 fish escapement floor in 2006,
as indicated by postseason estimates that will become available early
next year, an overfishing concern would be triggered, and the Council
would be required to complete a formal review within one year and
develop an associated rebuilding plan.
Late season ocean fisheries that occur from September to November
are expected to catch immature KRFC, some of which would spawn in the
following year. Late season fisheries occurred in 2005 consistent with
the 2005 management measures, but caught more KRFC than anticipated.
The estimated late season catch of KRFC in 2005 was approximately
6,100. Council fisheries are managed to achieve 50:50 tribal:non-tribal
sharing of adult harvest. Despite the fact that the forecast now
available indicates that the run size is such that the escapement floor
will not be met in 2006, some non-tribal ocean catch has already
occurred, as explained above, and there will likely be additional
harvest by the tribes targeting their allocation. Any additional
harvest in ocean fisheries would further reduce the run size and
provide further expectations for tribal catch.
The Regional Administrator consulted with the Council, including
representation of the Oregon Department of Fish and Wildlife and
California Department of Fish and Game, during the March 2006 Council
meeting. Information related to the status of KRFC and catch to date
indicated that restricting the fisheries scheduled to occur before May
1 was necessary to avoid further reductions in the escapement of KRFC
that were already projected to return below the 35,000-fish spawning
escapement floor. Based on the available information, the Council
recommended that the commercial and recreational salmon fisheries
described above be closed by inseason action, and the Regional
Administrator concurred with the Council's recommendation. The states
manage the fisheries in state waters adjacent to the areas of the U.S.
exclusive economic zone consistent with these Federal actions. As
provided by the inseason notice procedures of 50 CFR 660.411, actual
notice to fishers of the previously described action 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.
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) because such notification would be impracticable. 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 (70 FR 23054, May 4, 2005), the FMP, and regulations
implementing the FMP 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 information
regarding the projected escapement of KRFC and the estimates of the
impacts of the scheduled March and April fisheries on the KRFC were
available to the fishery managers and March 15, when the fishery
closures had to be effective in order to prevent the additional KRFC
harvest. 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 result in further reductions to
the spawning escapement of KRFC that are already expected to return
below the 35,000 fish spawning escapement floor.
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: March 15, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-2654 Filed 3-15-06; 2:06 pm]
BILLING CODE 3510-22-S
