Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #1, #2, #3, and #4, 44925-44927 [2010-18800]
Download as PDF
<![CDATA[
jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations
At-sea observer reports indicate that
catch rates of yellowtail flounder on GB
are higher south of 41° 40’ N. lat than
north of it. Requiring common pool
trawl vessels that fish any part of a trip
in the Western U.S./Canada Area south
of 41° 40’ N. lat. to use either a haddock
separator trawl or a Ruhle trawl will
reduce the catch rate of yellowtail
flounder, reduce discards, and is likely
to result in the achievement of the TAC,
without exceeding it. The Regional
Administrator has determined that,
because the GB yellowtail flounder trip
limit has already been reduced, it is
sufficient to implement only a change in
gear requirements in order to ensure
that the common pool vessels do not
exceed the sub-ACL for yellowtail
flounder. Based on this information, the
Regional Administrator is prohibiting
the use of trawl gear, except for the
haddock separator trawl and the Ruhle
trawl, as specified at § 648.85(a)(3)(ix)
and (b)(10)(iv)(J)(3), respectively, by any
limited access NE multispecies common
pool vessel that harvests, possesses, or
lands fish from, or deploys its net
during any part of a trip in, the Western
U.S./Canada Area south of 41° 40’ N. lat.
under a NE multispecies DAS, to reduce
catches and discards of GB yellowtail
flounder, effective July 30, 2010 through
April 30, 2011, or until modified by a
subsequent action. For any such vessels,
other gear may be on board the vessel
but must be stowed according to the
regulations at § 648.23(b) for the entire
trip. For any limited access NE
multispecies common pool vessel
possessing, harvesting, or landing fish
exclusively from the area north of 41°
40’ N. lat., all trawl gear, except the
haddock separator trawl or Ruhle trawl,
must be stowed while transiting the
Western U.S./Canada Area south of this
line.
The FW 44 final rule (75 FR 18356,
April 9, 2010) delayed the opening of
the Eastern U.S./Canada Area for vessels
using trawl gear until August 1, 2010.
To prevent overharvest of yellowtail
flounder from closing the Eastern U.S./
Canada Area and preventing access to
the transboundary stocks of GB cod and
GB haddock, the Regional Administrator
is prohibiting the use of a flounder net
in the Eastern U.S./Canada Area by any
limited access NE multispecies common
pool vessel, effective August 1, 2010,
through April 30, 2011. Common pool
trawl vessels will be able to fish in the
Eastern U.S./Canada Area only if they
are using either a haddock separator
trawl or a Ruhle trawl. Any other trawl
gear must be stowed according to the
regulations and not available for use.
The regulations at § 648.85(a)(3)(iv)(D)
specify that, if the Regional
VerDate Mar<15>2010
16:17 Jul 29, 2010
Jkt 220001
Administrator requires use of a
particular gear type in order to reduce
catches of stocks of concern, the
following gear performance incentives
will apply: Possession of flounders (all
species combined), monkfish, and
skates is limited to 500 lb (226.8 kg)
(whole weight) each (i.e., no more than
500 lb (226.8 kg) of all flounders, no
more than 500 lb (226.8 kg) of monkfish,
and no more than 500 lb (226.8 kg) of
skates), and possession of lobsters is
prohibited. Therefore, common pool
vessels fishing any part of a trip in the
Eastern U.S./Canada Area or in the
Western U.S./Canada Area south of 41°
40’ N. lat. are restricted to these catch
limits for the duration of that trip.
If sufficient GB yellowtail flounder
common pool sub-ACL remains
available, the Regional Administrator
may lift these gear restrictions before the
end of FY 2010 to allow additional
opportunity to achieve the FY 2010
common pool sub-ACLs for the
transboundary stocks of GB yellowtail
flounder, GB cod, and GB haddock.
Catch will be closely monitored
through dealer-reported landings, VMS
catch reports, and other available
information. Further inseason
adjustments to increase or decrease the
trip limits, as well as differential DAS
measures may be considered, based on
updated catch data and projections.
Classification
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B) and
(d)(3), there is good cause to waive prior
notice and opportunity for public
comment, as well as the delayed
effectiveness for this action, because
notice, comment, and a delayed
effectiveness would be impracticable
and contrary to the public interest. The
regulations at §§ 648.86(o) and
648.85(a)(3)(iv)(D) grant the Regional
Administrator the authority to adjust NE
multispecies trip limits and to
implement gear restrictions in the U.S./
Canada Management Area, respectively,
to prevent over-harvesting or underharvesting the common pool sub-ACLs.
This action will implement a more
restrictive trip limit for GOM cod and
restrict the use of trawl gear in a portion
of the U.S./Canada Management Area in
order to ensure that the common pool
sub-ACLs for GOM cod and GB
yellowtail flounder are not
overharvested, and the biological and
economic objectives of the FMP are met.
It is important to take this action
immediately because, based on current
data and projections, continuation of the
status quo will result in reaching the
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
44925
respective common pool sub-ACLs prior
to the end of FY 2010. Attainment of
any of the common pool sub-ACLs prior
to the end of the FY on April 30, 2011,
would result in lower trip limits and/or
differential DAS counting for the
remainder of FY 2010, and would result
in end-of-the-year AMs to be put in
place for the common pool in FY 2011.
These restrictions could result in the
loss of yield of other valuable species
caught by vessels in the common pool.
The updated catch information that is
the basis for this action only recently
became available. The time necessary to
provide for prior notice and comment,
and delayed effectiveness for this action
would prevent NMFS from
implementing a reduced trip limit in a
timely manner. A resulting delay in the
curtailment of catch rate of these stocks
could result in less revenue for the
fishing industry and be counter to the
objective of optimum yield.
The Regional Administrator’s
authority to decrease trip limits and to
implement gear restrictions in the U.S./
Canada Management Area for the
common pool to help ensure that the
common pool sub-ACL for all NE
multispecies are harvested, but not
exceeded, was considered and open to
public comment during the
development of Amendment 16 and FW
44. Therefore, any negative effect the
waiving of public comment and delayed
effectiveness may have on the public is
mitigated by these factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 26, 2010.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–18785 Filed 7–27–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No.100218107–0199–01]
RIN 0648–XX18
Fisheries Off West Coast States;
Modifications of the West Coast
Commercial and Recreational Salmon
Fisheries; Inseason Actions #1, #2, #3,
and #4
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\30JYR1.SGM
30JYR1
44926
Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations
Modification of fishing seasons,
gear restrictions, and landing and
possession limits; request for comments.
FOR FURTHER INFORMATION CONTACT:
NOAA Fisheries announces
four inseason actions in the ocean
salmon fisheries. Inseason action #1
modified the commercial fishery in the
area from Cape Falcon, Oregon to
Humbug Mountain, Oregon, and from
Humbug Mountain, Oregon to the
Oregon/California Border. Inseason
action #2 modified the recreational
fishery in the area from Cape Falcon,
Oregon to Humbug Mountain, Oregon.
Inseason action #3 modified the
commercial fishery in the area from
U.S./Canada Border to Cape Falcon,
Oregon. Inseason action #4 modified the
commercial fishery from U.S./Canada
Border to U.S./Mexico Border.
DATES: Inseason actions #1 and #2 were
effective on March 15, 2010 until they
were replaced by the 2010 management
measures on May 1, 2010. Inseason
action #3 was effective on June 12, 2010
and remains in effect until the closing
date announced in the 2010 annual
management measures or through
additional inseason action. Inseason
action #4 was effective on June 16, 2010
and remains in effect until the closing
date of the 2010 salmon season
announced in the 2010 annual
management measures or through
additional inseason action. Comments
will be accepted through August 16,
2010.
ADDRESSES: You may submit comments,
identified by 0648–XX18, 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: Peggy
Busby
• Mail: 7600 Sand Point Way NE,
Building 1, Seattle, WA, 98115
Instructions: No comments will be
posted for public viewing until after the
comment period has closed. 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 protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
SUPPLEMENTARY INFORMATION:
ACTION:
jlentini on DSKJ8SOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:17 Jul 29, 2010
Jkt 220001
Peggy Busby, by phone at 206–526–
4323.
In the
2009 annual management measures for
ocean salmon fisheries (74 FR 20610,
May 5, 2009), NMFS announced the
commercial and recreational fisheries in
the area from the U.S./Canada Border to
the U.S./Mexico Border. These
management measures included 2010
salmon seasons opening earlier than
May 1, 2010.
On March 10, 2010, the Regional
Administrator (RA) consulted with
representatives of the Pacific Fishery
Management Council (Council),
Washington Department of Fish and
Wildlife, Oregon Department of Fish
and Wildlife, and California Department
of Fish and Game. The parties to this
consultation considered information
related to Chinook salmon abundance
forecasts, Chinook salmon catch rates,
and possible impacts to Sacramento
River fall Chinook salmon from the
fisheries scheduled to open March 15,
2010. The fisheries opening March 15,
2010 were to occur in the impact area
for Sacramento River fall Chinook
salmon. Preliminary projections
suggested that there would be limited
harvest opportunity for Sacramento
River fall Chinook salmon and, by
moving the opening dates of these
fisheries to after May 1, 2010 NMFS and
the Council would have more time to
evaluate the impacts of these fisheries
on the Sacramento River fall Chinook
salmon stock.
As a result, on March 10, 2010, the
states recommended, and the RA
concurred, that NMFS should adopt
inseason actions #1 and #2 that would
cancel the previously scheduled March
15, 2010 opening date for the (a)
commercial fishery in the area from
Cape Falcon, Oregon to Humbug
Mountain, Oregon, and from Humbug
Mountain, Oregon to the Oregon/
California Border and (b) the
recreational fishery in the area from
Cape Falcon, Oregon, to Humbug
Mountain, Oregon. Modification of
quota and/or fishing seasons by
inseason action is authorized by 50 CFR
660.409(b)(1)(i).
In the 2010 annual management
measures for ocean salmon fisheries (75
FR 24482, May 5, 2010), NMFS
announced the commercial and
recreational fisheries in the area from
the U.S./Canada Border to the U.S./
Mexico Border, beginning May 1, 2010.
The RA consulted with
representatives of the Council,
Washington Department of Fish and
Wildlife, and Oregon Department of
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
Fish and Wildlife on June 10, 2010. The
information considered during this
consultation related to Chinook salmon
catch to date and Chinook salmon catch
rates compared to quotas and other
management measures established
preseason.
Inseason action #3 closed the
commercial salmon fishery from the
U.S./Canada Border to Cape Falcon,
Oregon. This action was taken
consistent with the 2010 management
measures requirement that when it was
projected that 35,000 Chinook salmon of
the 42,000 Chinook salmon quota had
been landed, NMFS would consider
inseason action , to modify the open
period and add landing and possession
limits to extend the fishery through the
end of June. On June 10, 2010, the states
recommended this action and the RA
concurred; inseason action #3 took
effect on June 12, 2010, and was
effective until it was modified by
subsequent inseason action that will be
described in a separate federal register
notice. Modification of quota and/or
fishing seasons is authorized by 50 CFR
660.409 (b)(1)(i).
The RA consulted with
representatives of the Council,
Washington Department of Fish and
Wildlife, and Oregon Department of
Fish and Wildlife on June 15, 2010. The
information considered during this
consultation related to catch to date for
salmon and incidental halibut harvest,
and Chinook salmon catch rates
compared to quotas and other
management measures established
preseason.
Inseason action #4 closed the
retention of Pacific halibut caught
incidentally while trolling for salmon in
halibut management area 2A (the coasts
of Washington, Oregon and California).
This action was taken due to attainment
of the 2010 incidental halibut harvest
quota. On June 15, 2010, the states
recommended this action and the RA
concurred; inseason action #4 took
effect on June 16, 2010. Modification of
quota and/or fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i) .
All other restrictions and regulations
remain in effect as announced for the
2010 Ocean Salmon Fisheries and
previous inseason actions.
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
E:\FR\FM\30JYR1.SGM
30JYR1
Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations
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.
DEPARTMENT OF COMMERCE
Classification
RIN 0648–XX93
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 (74 FR 20610, May 5, 2009; 75
FR 24482, May 5, 2010), 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
ensure that fisheries are managed based
on the best available scientific
information, thus allowing fishers
access to the available fish at the time
the fish were available while ensuring
that quotas are not exceeded. 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.
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock for American
Fisheries Act Catcher Vessels in the
Inshore Open Access Fishery in the
Bering Sea and Aleutian Islands
Management Area
jlentini on DSKJ8SOYB1PROD with RULES
Authority: 16 U.S.C. 1801 et seq.
Dated: July 27, 2010.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–18800 Filed 7–29–10; 8:45 am]
BILLING CODE 3510–22–S
VerDate Mar<15>2010
16:17 Jul 29, 2010
Jkt 220001
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0910131363–0087–02]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for pollock by American
Fisheries Act (AFA) trawl catcher
vessels participating in the inshore open
access fishery in the Bering Sea subarea
of the Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to prevent exceeding the 2010
pollock total allowable catch (TAC)
allocated to the inshore open access
fishery in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 27, 2010, through 1200
hrs, A.l.t., November 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2010 Bering Sea pollock TAC
allocated to the AFA inshore open
access fishery in the BSAI is 2,762
metric tons (mt) as established by the
final 2010 and 2011 harvest
specifications for groundfish in the
BSAI (75 FR 11778, March 12, 2010),
and further described at https://
alaskafisheries.noaa.gov/
sustainablefisheries/afa/
10bsaicoopallocations.pdf.
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
SUMMARY:
PO 00000
Frm 00047
Fmt 4700
Sfmt 9990
44927
NMFS (Regional Administrator), has
determined that the B season allowance
of pollock TAC allocated to the AFA
inshore open access fishery, which is
catching pollock for processing by the
inshore component in the Bering Sea
subarea, has been reached. Therefore,
the Regional Administrator is
establishing the B season allowance of
pollock TAC as the directed fishing
allowance. Consequently, in accordance
with § 679.20(d)(1)(iii), since this
directed fishing allowance has been
reached, NMFS is prohibiting directed
fishing for pollock by AFA trawl catcher
vessels participating in the inshore open
access fishery in the Bering Sea subarea.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of directing fishing for
pollock by AFA trawl catcher vessels
participating in the inshore open access
fishery in the Bering Sea subarea. NMFS
was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of July 26,
2010.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 27, 2010.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–18781 Filed 7–27–10; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Rules and Regulations]
[Pages 44925-44927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18800]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No.100218107-0199-01]
RIN 0648-XX18
Fisheries Off West Coast States; Modifications of the West Coast
Commercial and Recreational Salmon Fisheries; Inseason Actions
1, 2, 3, and 4
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 44926]]
ACTION: Modification of fishing seasons, gear restrictions, and
landing and possession limits; request for comments.
-----------------------------------------------------------------------
SUMMARY: NOAA Fisheries announces four inseason actions in the ocean
salmon fisheries. Inseason action 1 modified the commercial
fishery in the area from Cape Falcon, Oregon to Humbug Mountain,
Oregon, and from Humbug Mountain, Oregon to the Oregon/California
Border. Inseason action 2 modified the recreational fishery in
the area from Cape Falcon, Oregon to Humbug Mountain, Oregon. Inseason
action 3 modified the commercial fishery in the area from
U.S./Canada Border to Cape Falcon, Oregon. Inseason action 4
modified the commercial fishery from U.S./Canada Border to U.S./Mexico
Border.
DATES: Inseason actions 1 and 2 were effective on
March 15, 2010 until they were replaced by the 2010 management measures
on May 1, 2010. Inseason action 3 was effective on June 12,
2010 and remains in effect until the closing date announced in the 2010
annual management measures or through additional inseason action.
Inseason action 4 was effective on June 16, 2010 and remains
in effect until the closing date of the 2010 salmon season announced in
the 2010 annual management measures or through additional inseason
action. Comments will be accepted through August 16, 2010.
ADDRESSES: You may submit comments, identified by 0648-XX18, 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: Peggy Busby
Mail: 7600 Sand Point Way NE, Building 1, Seattle, WA,
98115
Instructions: No comments will be posted for public viewing until
after the comment period has closed. 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 protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Peggy Busby, by phone at 206-526-
4323.
SUPPLEMENTARY INFORMATION: In the 2009 annual management measures for
ocean salmon fisheries (74 FR 20610, May 5, 2009), NMFS announced the
commercial and recreational fisheries in the area from the U.S./Canada
Border to the U.S./Mexico Border. These management measures included
2010 salmon seasons opening earlier than May 1, 2010.
On March 10, 2010, the Regional Administrator (RA) consulted with
representatives of the Pacific Fishery Management Council (Council),
Washington Department of Fish and Wildlife, Oregon Department of Fish
and Wildlife, and California Department of Fish and Game. The parties
to this consultation considered information related to Chinook salmon
abundance forecasts, Chinook salmon catch rates, and possible impacts
to Sacramento River fall Chinook salmon from the fisheries scheduled to
open March 15, 2010. The fisheries opening March 15, 2010 were to occur
in the impact area for Sacramento River fall Chinook salmon.
Preliminary projections suggested that there would be limited harvest
opportunity for Sacramento River fall Chinook salmon and, by moving the
opening dates of these fisheries to after May 1, 2010 NMFS and the
Council would have more time to evaluate the impacts of these fisheries
on the Sacramento River fall Chinook salmon stock.
As a result, on March 10, 2010, the states recommended, and the RA
concurred, that NMFS should adopt inseason actions 1 and
2 that would cancel the previously scheduled March 15, 2010
opening date for the (a) commercial fishery in the area from Cape
Falcon, Oregon to Humbug Mountain, Oregon, and from Humbug Mountain,
Oregon to the Oregon/California Border and (b) the recreational fishery
in the area from Cape Falcon, Oregon, to Humbug Mountain, Oregon.
Modification of quota and/or fishing seasons by inseason action is
authorized by 50 CFR 660.409(b)(1)(i).
In the 2010 annual management measures for ocean salmon fisheries
(75 FR 24482, May 5, 2010), NMFS announced the commercial and
recreational fisheries in the area from the U.S./Canada Border to the
U.S./Mexico Border, beginning May 1, 2010.
The RA consulted with representatives of the Council, Washington
Department of Fish and Wildlife, and Oregon Department of Fish and
Wildlife on June 10, 2010. The information considered during this
consultation related to Chinook salmon catch to date and Chinook salmon
catch rates compared to quotas and other management measures
established preseason.
Inseason action 3 closed the commercial salmon fishery
from the U.S./Canada Border to Cape Falcon, Oregon. This action was
taken consistent with the 2010 management measures requirement that
when it was projected that 35,000 Chinook salmon of the 42,000 Chinook
salmon quota had been landed, NMFS would consider inseason action , to
modify the open period and add landing and possession limits to extend
the fishery through the end of June. On June 10, 2010, the states
recommended this action and the RA concurred; inseason action
3 took effect on June 12, 2010, and was effective until it was
modified by subsequent inseason action that will be described in a
separate federal register notice. Modification of quota and/or fishing
seasons is authorized by 50 CFR 660.409 (b)(1)(i).
The RA consulted with representatives of the Council, Washington
Department of Fish and Wildlife, and Oregon Department of Fish and
Wildlife on June 15, 2010. The information considered during this
consultation related to catch to date for salmon and incidental halibut
harvest, and Chinook salmon catch rates compared to quotas and other
management measures established preseason.
Inseason action 4 closed the retention of Pacific halibut
caught incidentally while trolling for salmon in halibut management
area 2A (the coasts of Washington, Oregon and California). This action
was taken due to attainment of the 2010 incidental halibut harvest
quota. On June 15, 2010, the states recommended this action and the RA
concurred; inseason action 4 took effect on June 16, 2010.
Modification of quota and/or fishing seasons is authorized by 50 CFR
660.409(b)(1)(i) .
All other restrictions and regulations remain in effect as
announced for the 2010 Ocean Salmon Fisheries and previous inseason
actions.
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
[[Page 44927]]
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.
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 (74 FR 20610, May 5, 2009; 75 FR 24482, May
5, 2010), 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 ensure that fisheries are managed based on the best
available scientific information, thus allowing fishers access to the
available fish at the time the fish were available while ensuring that
quotas are not exceeded. 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 27, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-18800 Filed 7-29-10; 8:45 am]
BILLING CODE 3510-22-S
