Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fishery; Inseason Action #3 and #4, 42536-42537 [E8-16784]

Download as PDF 42536 Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Rules and Regulations Community Involvement List of Subjects in 40 CFR Part 300 Public participation activities for this Site have been satisfied as required in CERCLA sections 113(k) and 117, 42 U.S.C. 9613(k) and 9617. As part of the remedy selection process, the public was invited to comment on NYSDEC’s proposed remedies. All other documents and information which EPA relied on or considered in recommending this deletion are available for the public to review at the information repositories identified above. Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Determination That the Site Meets the Criteria for Deletion From the NCP All of the completion requirements for this Site have been met, as described in the December 2007 Final Close-Out Report. The State of New York, in a September 28, 2007 letter, concurred with the proposed deletion of this Site from the NPL. The NCP specifies that EPA may delete a site from the NPL if ‘‘all appropriate Fund-financed response under CERCLA has been implemented, and no further response action by responsible parties is appropriate.’’ 40 CFR 300.425(e)(1)(ii). EPA, with the concurrence of the State of New York, through NYSDEC, believes that this criterion for deletion has been met. Consequently, EPA is deleting this Site from the NPL. Documents supporting this action are available in the Site files. rfrederick on PROD1PC67 with RULES V. Deletion Action EPA, with the concurrence of the State of New York, has determined that all appropriate responses under CERCLA have been completed and that no further response actions under CERCLA, other than O&M and five-year reviews, are necessary. Therefore, EPA is deleting the Site from the NPL. Because EPA considers this action to be noncontroversial and routine, EPA is taking it without prior publication. This action will be effective September 22, 2008 unless EPA receives adverse comments by August 21, 2008. If adverse comments are received within the 30-day public comment period of this action, EPA will publish a timely withdrawal of this Direct Final Deletion before the effective date of the deletion and the deletion will not take effect. EPA will, if appropriate, prepare a response to comments and continue with the deletion process on the basis of the Notice of Intent to Delete and the comments received. In such a case, there will be no additional opportunity to comment. VerDate Aug<31>2005 12:57 Jul 21, 2008 Jkt 214001 Dated: June 30, 2008. George Pavlou, Acting Regional Administrator, Region 2. For the reasons set out in the preamble, 40 CFR part 300 is amended as follows: I PART 300—[AMENDED] 1. The authority citation for part 300 continues to read as follows: I Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; and E.O. 12580, 52 FR 2923, 3 CFR 1987 Comp., p. 193. Appendix B—[Amended] 2. Table 1 of Appendix B to part 300 is amended under New York (NY) by removing the site name ‘‘Pfohl Brothers Landfill’’ and the corresponding City/ County designation ‘‘Cheektowaga.’’ I [FR Doc. E8–16478 Filed 7–21–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 070430095 7095 01] RIN 0648–XH91 Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fishery; Inseason Action #3 and #4 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of fishing seasons; request for comments. AGENCY: SUMMARY: NOAA Fisheries announces two inseason actions in the ocean salmon fisheries. Inseason action #3 modified the commercial fishery from Cape Falcon, Oregon, to the Oregon/ California Border. Inseason action #4 modified the recreational fishery from Cape Falcon, Oregon, to Humbug Mountain, Oregon. DATES: Inseason actions #3 and #4 were effective at 1615 hours local time (l.t.) PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 April 9, 2008. After this time these fisheries remained closed until reopened subject to the 2008 management measures and regulations which were are announced, and published in the Federal Register (73 FR 23971, May 1, 2008). Comments will be accepted through August 6, 2008. ADDRESSES: You may submit comments, identified by 0648–AV56, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal https:// www.regulations.gov • Fax: 206–526–6736 Attn: Sarah McAvinchey • Mail: D. Robert Lohn, Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way N.E., Seattle, WA 98115–0070 or to Rod McInnis, Regional Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802–4213 Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protectedinformation. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. 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 and recreational fisheries in the area from Cape Falcon, Oregon, to the Oregon/California Border. On April 9, 2008, the Regional Administrator (RA) consulted with representatives of the Pacific Fishery Management Council, Washington Department of Fish and Wildlife, Oregon Department of Fish and Wildlife and California Department of Fish and Game. Information related to catch to date, Chinook and coho catch rates, and effort data were reported. These inseason actions were taken because these fisheries were scheduled to occur in the impact area for Sacramento River fall Chinook. This stock was projected not to meet its escapement goal in 2008 and therefore consistent with the Magnuson-Stevens Act all fisheries that impact the stock were to be closed. By E:\FR\FM\22JYR1.SGM 22JYR1 Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Rules and Regulations rfrederick on PROD1PC67 with RULES closing these fisheries NMFS attempted to provide for further opportunity in the 2008 fishing season. As a result, on April 9, 2008, the states recommended, and the RA concurred that inseason actions #3 and #4 would be effective April 9, 2008. Inseason action #3 closed the commercial fishery in the area from Cape Falcon, Oregon, to the Oregon/ California border. Inseason action #4 closed the recreational fishery in the area from Cape Falcon, Oregon, to Humbug Mountain, Oregon. These areas were closed until the regulations were announced for the 2008 fishing season and published in the Federal Register (73 FR 23971, May 1, 2008). 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 VerDate Aug<31>2005 12:57 Jul 21, 2008 Jkt 214001 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 at 50 CFR 660.409 and 660.411. Prior notice and opportunity for public comment was PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 42537 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 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 allow fishing at levels inconsistent with the goals of the Salmon Fishery Management Plan and the current management measures. 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: July 17, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–16784 Filed 7–21–08; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\22JYR1.SGM 22JYR1

Agencies

[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Rules and Regulations]
[Pages 42536-42537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16784]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070430095 7095 01]
RIN 0648-XH91


Fisheries Off West Coast States; 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; request for comments.

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SUMMARY: NOAA Fisheries announces two inseason actions in the ocean 
salmon fisheries. Inseason action 3 modified the commercial 
fishery from Cape Falcon, Oregon, to the Oregon/California Border. 
Inseason action 4 modified the recreational fishery from Cape 
Falcon, Oregon, to Humbug Mountain, Oregon.

DATES: Inseason actions 3 and 4 were effective at 
1615 hours local time (l.t.) April 9, 2008. After this time these 
fisheries remained closed until reopened subject to the 2008 management 
measures and regulations which were are announced, and published in the 
Federal Register (73 FR 23971, May 1, 2008).
    Comments will be accepted through August 6, 2008.

ADDRESSES: You may submit comments, identified by 0648-AV56, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal https://www.regulations.gov
     Fax: 206-526-6736 Attn: Sarah McAvinchey
     Mail: D. Robert Lohn, Regional Administrator, Northwest 
Region, NMFS, 7600 Sand Point Way N.E., Seattle, WA 98115-0070 or to 
Rod McInnis, Regional Administrator, Southwest Region, NMFS, 501 West 
Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protectedinformation. NMFS will accept anonymous 
comments. Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

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 and recreational fisheries in the area from Cape Falcon, 
Oregon, to the Oregon/California Border.
    On April 9, 2008, the Regional Administrator (RA) consulted with 
representatives of the Pacific Fishery Management Council, Washington 
Department of Fish and Wildlife, Oregon Department of Fish and Wildlife 
and California Department of Fish and Game. Information related to 
catch to date, Chinook and coho catch rates, and effort data were 
reported. These inseason actions were taken because these fisheries 
were scheduled to occur in the impact area for Sacramento River fall 
Chinook. This stock was projected not to meet its escapement goal in 
2008 and therefore consistent with the Magnuson-Stevens Act all 
fisheries that impact the stock were to be closed. By

[[Page 42537]]

closing these fisheries NMFS attempted to provide for further 
opportunity in the 2008 fishing season.
    As a result, on April 9, 2008, the states recommended, and the RA 
concurred that inseason actions 3 and 4 would be 
effective April 9, 2008. Inseason action 3 closed the 
commercial fishery in the area from Cape Falcon, Oregon, to the Oregon/
California border. Inseason action 4 closed the recreational 
fishery in the area from Cape Falcon, Oregon, to Humbug Mountain, 
Oregon. These areas were closed until the regulations were announced 
for the 2008 fishing season and published in the Federal Register (73 
FR 23971, May 1, 2008). 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 at 
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 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 allow fishing at levels inconsistent with the goals of 
the Salmon Fishery Management Plan and the current management measures. 
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: July 17, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-16784 Filed 7-21-08; 8:45 am]
BILLING CODE 3510-22-S

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