Fisheries Off West Coast States and in the Western Pacific; Modifications of the West Coast Commercial Salmon Fishery; Inseason Action #3 and #4, 55706-55707 [E7-19374]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Rules and Regulations]
[Pages 55706-55707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19374]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070430095-7095-01]
RIN 0648-XB09


Fisheries Off West Coast States and in the Western Pacific; 
Modifications of the West Coast Commercial Salmon Fishery; Inseason 
Action 3 and 4

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Modification of fishing seasons, landing and possession limits; 
request for comments.

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SUMMARY: NOAA Fisheries announces that the commercial fishery in the 
area from the U.S.-Canada Border to Cape Falcon, Oregon and in the area 
from the U.S.-Canada Border to Leadbetter Point, Washington was 
modified by two inseason actions. Inseason action 3 in the 
area from Leadbetter Point to the U.S.-Canada Border decreased the 
landing and possession limit from 60 to 50 Chinook per vessel per open 
period. Inseason action 3 also closed commercial fishing in 
the area from the U.S.-Canada border to Cape Falcon Oregon on June 30, 
2007. Inseason action 4 modified the landing and possession 
limit in the area from Leadbetter Point, Washington to the U.S.-Canada 
border for Chinook from 30 to 20 fish per vessel per open period, 
Saturday through Tuesday. All other restrictions and regulations 
remained in effect as announced for the 2007 Ocean Salmon Fisheries and 
previous inseason actions.

DATES: Inseason action 3 in the area from Leadbetter Point to 
the U.S.-Canada border was effective from 0001 hours local time (l.t.) 
Saturday June 23 through 2359 hours l.t. Tuesday June 26, 2007. Also, 
inseason action 3 in the area from the U.S.-Canada border to 
Cape Falcon, Oregon was effective 0001 hours l.t. Saturday, June 30, 
2007. Inseason action 4 was effective 0001 hours l.t. 
Saturday, July 28, 2007.
    Comments will be accepted through October 16, 2007.

ADDRESSES: Comments on these actions must be mailed to D. Robert Lohn, 
Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way 
N.E., Bldg. 1, Seattle, WA 98115-0070; or faxed to 206-526-6376. 
Comments can also be submitted via e-mail at the 2007salmonIA3_
4.nwr@noaa.gov address, or on the internet at the Federal eRulemaking 
Portal: https://www.regulations.gov. Follow the instructions for 
submitting comments, and include 0648-XB09 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: Sarah McAvinchey 206-526-4323.

SUPPLEMENTARY INFORMATION: In the 2007 annual management measures for 
ocean salmon fisheries (72 FR 24539, May 3, 2007), NMFS announced the 
commercial fisheries in the area from the U.S.-Canada border to Cape 
Falcon, Oregon, and in the area from the U.S.-Canada border to 
Leadbetter Point, Washington. This area was open May 1 through earlier 
of June 30 or 10,850 Chinook quota. Beginning May 12, 2007 this area 
was open Saturday through Tuesday with a landing and possession limit 
of 60 Chinook per vessel for each four-day open period north of 
Leadbetter Point, for all salmon except coho.
    On June 21, 2007, for Inseason action 3, and July 28, 2007 
for Inseason action 4 the Regional Administrator (RA) 
consulted with representatives of the Pacific Fishery Management 
Council, Washington Department of Fish and Wildlife, and Oregon 
Department of Fish and Wildlife. Information related to catch to date, 
Chinook and coho catch rates, and effort data were reported. Inseason 
action 3 was taken because catch data indicated a reduction in 
the landing and possession limit would provide the opportunity for the 
full quota to be caught within the announced season. Eliminating the 
last day during the May-June open period also provided the opportunity 
for the next open period to begin within the quota. Inseason action 
4 was taken because catch data indicated a reduction in the 
landing and possession limit would the opportunity for the full quota 
to be caught within the announced season.
    As a result, on June 21, 2007, the states recommended, and the RA 
concurred, that Inseason action 3 would be effective in the 
area from Leadbetter Point to the U.S.-Canada border from Saturday June 
23 through Tuesday June 26, 2007. This action made the landing and 
possession limit 50 Chinook per vessel per open period. This action 
also closed the area from the U.S.-Canada border to Cape Falcon Oregon 
to commercial salmon fishing on June 30. Also, on Friday July 27, 2007 
the states recommended, and the RA concurred, that Inseason action 
4 in the area from Leadbetter Point to the U.S.-Canada border 
would be effective Saturday July 28, 2007. This action reduced the 
landing and possession limit for Chinook to 20 fish per vessel per open 
period. Modification in quota and/or fishing seasons is authorized by 
regulations at 50 CFR 660.409(b)(1)(i).
    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 by U.S. Coast Guard Notice to Mariners broadcasts on Channel 
16 VHF-FM and 2182 kHz. These actions do 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 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 (72 FR 24539, May 3, 2007), 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 allow fishers 
access to the available fish at the time the fish were

[[Page 55707]]

available. 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 limit fishers appropriately 
controlled access to available fish during the scheduled fishing season 
by unnecessarily restricting the fishery. 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: September 25, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-19374 Filed 9-28-07; 8:45 am]
BILLING CODE 3510-22-S