Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #5, #6, #7, and #8, 51183-51185 [2010-20623]
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Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Rules and Regulations
srobinson on DSKHWCL6B1PROD with RULES
This adjustment is intended to
provide a reasonable opportunity to
harvest the U.S. landings quota of BFT
without exceeding it, while maintaining
an equitable distribution of fishing
opportunities; to help achieve optimum
yield in the General category BFT
fishery; to collect a broad range of data
for stock monitoring purposes; and to be
consistent with the objectives of the
2006 Consolidated HMS FMP.
In August 2009, NMFS followed a
similar course of action and raised the
General category retention limits via
inseason action to allow for a three BFT
daily retention limit throughout 2009
(74 FR 44296, August 28, 2009). Other
than for the January period, which is
allocated a relatively small amount of
quota, NMFS has maintained the
General category daily retention limit at
the maximum of three fish for several
years. NMFS would address the January
2010 General category daily retention
limit via a separate inseason action later
in the year, if necessary.
Monitoring and Reporting
NMFS selected the daily retention
limit for September-December 2010 after
examining an array of data as it pertains
to the determination criteria. These data
included, but were not limited to,
current and previous catch and effort
rates in the BFT fisheries, quota
availability, previous public comments
on inseason management measures,
stock status, etc. NMFS will continue to
monitor the BFT fishery closely through
the mandatory dealer landing reports,
which NMFS requires to be submitted
within 24 hours of a dealer receiving
BFT. Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional retention
limit adjustments are necessary to
ensure available quota is not exceeded
or to enhance scientific data collection
from, and fishing opportunities in, all
geographic areas.
Closure of the General category or
subsequent adjustments to the daily
retention limits, if any, will be
published in the Federal Register. In
addition, fishermen may call the
Atlantic Tunas Information Line at (888)
872–8862 or (978) 281–9260, or access
www.hmspermits.gov, for updates on
quota monitoring and retention limit
adjustments.
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
2006 Consolidated HMS FMP provide
for inseason retention limit adjustments
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to respond to the unpredictable nature
of BFT availability on the fishing
grounds, the migratory nature of this
species, and the regional variations in
the BFT fishery. Under § 635.23(a)(4),
NMFS may increase or decrease the
daily retention limit of large medium
and giant BFT over a range of zero to a
maximum of three per vessel based on
consideration of the criteria provided
under § 635.27(a)(8), which include: the
usefulness of information obtained from
catches in the particular category for
biological sampling and monitoring of
the status of the stock; the catches of the
particular category quota to date and the
likelihood of closure of that segment of
the fishery if no adjustment is made; the
projected ability of the vessels fishing
under the particular category quota to
harvest the additional amount of BFT
before the end of the fishing year; the
estimated amounts by which quotas for
other gear categories of the fishery might
be exceeded; effects of the adjustment
on BFT rebuilding and overfishing;
effects of the adjustment on
accomplishing the objectives of the
fishery management plan; variations in
seasonal distribution, abundance, or
migration patterns of BFT; effects of
catch rates in one area precluding
vessels in another area from having a
reasonable opportunity to harvest a
portion of the category’s quota; and a
review of dealer reports, daily landing
trends, and the availability of the BFT
on the fishing grounds.
Affording prior notice and
opportunity for public comment to
implement these retention limits is
impracticable as it would preclude
NMFS from acting promptly to allow
harvest of BFT that are available on the
fishing grounds. Analysis of available
data shows that the General category
BFT retention limits may be increased
with minimal risks of exceeding the
ICCAT-allocated quota.
Delays in increasing these retention
limits would adversely affect those
General and Charter/Headboat category
vessels that would otherwise have an
opportunity to harvest more than the
default retention limit of one BFT per
day and may exacerbate the problem of
low catch rates and quota rollovers.
Limited opportunities to harvest the
respective quotas may have negative
social and economic impacts for U.S.
fishermen who depend upon catching
the available quota within the time
periods designated in the 2006
Consolidated HMS FMP. Adjustment of
the retention limit needs to be effective
September 1, 2010, to minimize any
unnecessary disruption in fishing
patterns and for the impacted sectors to
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51183
benefit from the adjustments so as to not
preclude fishing opportunities.
Classification
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. For all of the above reasons,
and because this action relieves a
restriction (i.e., the default General
category retention limit is one fish per
vessel/trip whereas this action increases
that limit and allows retention of
additional fish), there is also good cause
under 5 U.S.C. 553(d) to waive the 30–
day delay in effectiveness.
This action is being taken under 50
CFR 635.23(a)(4), and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 13, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–20621 Filed 8–18–10; 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–XX92
Fisheries Off West Coast States;
Modifications of the West Coast
Commercial and Recreational Salmon
Fisheries; Inseason Actions #5, #6, #7,
and #8
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of fishing seasons,
gear restrictions, and landing and
possession limits; request for comments.
AGENCY:
NOAA Fisheries announces
four inseason actions in the ocean
salmon fisheries. Inseason actions #5,
#6, and #7 modified the commercial
fishery in the area from U.S./Canada
Border to Cape Falcon, Oregon. Inseason
action #8 modified the recreational
fishery in the area from U.S./Canada
Border to Cape Falcon, Oregon.
DATES: Inseason action #5 was effective
on June 18, 2010, and remains in effect
until the closing date announced in the
2010 annual management measures or
through additional inseason action.
Inseason action #6 was effective on June
25, 2010, and remains in effect until the
SUMMARY:
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51184
Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Rules and Regulations
closing date of the 2010 salmon season
announced in the 2010 annual
management measures or through
additional inseason action. Inseason
action #7 was effective July 1, 2010, and
remains in effect until the closing date
announced in the 2010 annual
management measures or through
additional inseason action. Inseason
action #8 was effective July 8, 2010, and
remains in effect until the closing date
announced in the 2010 annual
management measures or through
additional inseason action. Comments
will be accepted through September 3,
2010.
ADDRESSES: You may submit comments,
identified by 0648–XX92, 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
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 Regional Administrator (RA)
consulted with representatives of the
Pacific Fishery Management Council
(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
Chinook salmon catch to date and
Chinook salmon catch rates compared to
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quotas and other management measures
established preseason.
Inseason action #5 opened the
commercial salmon fishery from the
U.S./Canada Border to Cape Falcon,
Oregon for the five-day period June 18,
2010 through June 22, 2010, with a
landing and possession limit of 75
Chinook salmon per vessel per open
period north of Leadbetter Point or 75
Chinook salmon per vessel per open
period south of Leadbetter Point. This
action was taken to allow access to the
full quota of Chinook salmon
established preseason and to prevent
exceeding the quota. On June 15, 2010,
the states recommended this action and
the RA concurred; inseason action #5
took effect on June 18, 2010.
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 24, 2010. The
information considered during this
consultation related to catch to date for
Chinook salmon, and Chinook salmon
catch rates compared to quotas and
other management measures established
preseason.
Inseason action #6 opened the
commercial salmon fishery from the
U.S./Canada Border to Cape Falcon,
Oregon for the five-day period June 25,
2010 through June 29, 2010, with a
landing and possession limit of 25
Chinook salmon per vessel per open
period north of Leadbetter Point or 25
Chinook salmon per vessel per open
period south of Leadbetter Point. This
action was taken to allow access to the
full quota of Chinook salmon
established preseason and to prevent
exceeding the quota. On June 24, 2010,
the states recommended this action and
the RA concurred; inseason action #6
took effect on June 25, 2010.
Modification of quota and/or fishing
seasons is authorized by 50 CFR 660.409
(b)(1)(i) .
Inseason action #7 reduced the
landing and possession limits for the
commercial salmon fishery from the
U.S./Canada Border to Cape Falcon,
Oregon scheduled to open July 1, 2010.
The landing and possession limits of
150 Chinook salmon and 50 coho
described in the 2010 annual
management measures were reduced to
40 Chinook salmon and 30 coho per
vessel per open period north of
Leadbetter Point or 40 Chinook salmon
and 30 coho per vessel per open period
south of Leadbetter Point. This action
was taken to manage the Chinook
salmon catch rate and allow full access
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to the coho quota established preseason,
extending the availability of quota as
much as possible through the season,
which is scheduled into September. On
June 24, 2010, the states recommended
this action and the RA concurred;
inseason action #7 took effect on July 1,
2010. 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 July 6, 2010. The
information considered during this
consultation related to catch to date for
Chinook and coho salmon, and Chinook
and coho salmon catch rates compared
to quotas and other management
measures established preseason.
Inseason action #8 modified the daily
bag limit for the recreational salmon
fishery from the U.S./Canada Border to
Cape Falcon, Oregon. The limit set
preseason was two fish per day, only
one of which could be a Chinook
salmon; inseason action #8 modified the
limit to two fish per day, both of which
can be Chinook salmon. Based on early
catch rate data, there was concern that
unless the bag limit was modified, the
coho quota would be exhausted before
the full Chinook salmon guideline
established preseason could be used,
which would ultimately require the
season to be closed early. On July 6,
2010, the states recommended this
action and the RA concurred; inseason
action #8 took effect on July 8, 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 in the
2010 Ocean Salmon Fisheries Annual
Management Measures 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
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.
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Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Rules and Regulations
Classification
DEPARTMENT OF COMMERCE
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 (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.
National Oceanic and Atmospheric
Administration
Authority: 16 U.S.C. 1801 et seq.
Dated: August 13, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–20623 Filed 8–18–10; 8:45 am]
srobinson on DSKHWCL6B1PROD with RULES
BILLING CODE 3510–22–S
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50 CFR Part 679
[Docket No. 0910131363–0087–02]
RIN 0648–XY29
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of Rock
Sole in the Bering Sea and Aleutian
Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of the 2010
rock sole total allowable catch (TAC)
specified for the Bering Sea and
Aleutian Islands incidental catch
allowance ICA to the Amendment 80
cooperative in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to allow
the 2010 total allowable catch of rock
sole to be fully harvested.
DATES: Effective August 16, 2010,
through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2010.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by RIN 0648–
XY29, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal at https://
www.regulations.gov.
• Mail: P.O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record. No comments will be
posted to https://www.regulations.gov for
public viewing until after the comment
period has closed. Comment will
generally be posted without change. All
Personal Identifying Information (for
SUMMARY:
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Fmt 4700
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51185
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:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI 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 rock sole TAC specified for
the Bering Sea and Aleutian Islands ICA
is 10,000 metric tons (mt) and the 2010
rock sole TAC specified for the
Amendment 80 cooperative is 52,863 mt
as established by the final 2010 and
2011 harvest specifications for
groundfish in the BSAI (75 FR 11778,
March 12, 2010).
The Administrator, Alaska Region,
NMFS, has determined that 6,000 mt of
the rock sole specified for the BSAI ICA
will not be harvested. Therefore, in
accordance with § 679.91(f), NMFS
reallocates 6,000 mt of rock sole from
the BSAI ICA to the Amendment 80
cooperative in the BSAI. In accordance
with § 679.91(f), NMFS will reissue
cooperative quota permits for the
reallocated rock sole following the
procedures set forth in § 679.91(f)(3).
The harvest specifications for rock
sole included in the harvest
specifications for groundfish in the
BSAI (75 FR 11778, March 12, 2010) are
revised as follows: 4,000 mt to the BSAI
ICA and 58,863 mt to the Amendment
80 cooperative in the BSAI. Table 7a is
correctly revised and republished in its
entirety as follows:
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]]>Agencies
[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Rules and Regulations]
[Pages 51183-51185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20623]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 100218107-0199-01]
RIN 0648-XX92
Fisheries Off West Coast States; Modifications of the West Coast
Commercial and Recreational Salmon Fisheries; Inseason Actions
5, 6, 7, and 8
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
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 actions 5, 6, and
7 modified the commercial fishery in the area from U.S./Canada
Border to Cape Falcon, Oregon. Inseason action 8 modified the
recreational fishery in the area from U.S./Canada Border to Cape
Falcon, Oregon.
DATES: Inseason action 5 was effective on June 18, 2010, and
remains in effect until the closing date announced in the 2010 annual
management measures or through additional inseason action. Inseason
action 6 was effective on June 25, 2010, and remains in effect
until the
[[Page 51184]]
closing date of the 2010 salmon season announced in the 2010 annual
management measures or through additional inseason action. Inseason
action 7 was effective July 1, 2010, and remains in effect
until the closing date announced in the 2010 annual management measures
or through additional inseason action. Inseason action 8 was
effective July 8, 2010, and remains in effect until the closing date
announced in the 2010 annual management measures or through additional
inseason action. Comments will be accepted through September 3, 2010.
ADDRESSES: You may submit comments, identified by 0648-XX92, 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 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 Regional Administrator (RA) consulted with representatives of
the Pacific Fishery Management Council (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 Chinook salmon catch to date and Chinook salmon catch rates
compared to quotas and other management measures established preseason.
Inseason action 5 opened the commercial salmon fishery
from the U.S./Canada Border to Cape Falcon, Oregon for the five-day
period June 18, 2010 through June 22, 2010, with a landing and
possession limit of 75 Chinook salmon per vessel per open period north
of Leadbetter Point or 75 Chinook salmon per vessel per open period
south of Leadbetter Point. This action was taken to allow access to the
full quota of Chinook salmon established preseason and to prevent
exceeding the quota. On June 15, 2010, the states recommended this
action and the RA concurred; inseason action 5 took effect on
June 18, 2010. 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 24, 2010. The information considered during this
consultation related to catch to date for Chinook salmon, and Chinook
salmon catch rates compared to quotas and other management measures
established preseason.
Inseason action 6 opened the commercial salmon fishery
from the U.S./Canada Border to Cape Falcon, Oregon for the five-day
period June 25, 2010 through June 29, 2010, with a landing and
possession limit of 25 Chinook salmon per vessel per open period north
of Leadbetter Point or 25 Chinook salmon per vessel per open period
south of Leadbetter Point. This action was taken to allow access to the
full quota of Chinook salmon established preseason and to prevent
exceeding the quota. On June 24, 2010, the states recommended this
action and the RA concurred; inseason action 6 took effect on
June 25, 2010. Modification of quota and/or fishing seasons is
authorized by 50 CFR 660.409 (b)(1)(i) .
Inseason action 7 reduced the landing and possession
limits for the commercial salmon fishery from the U.S./Canada Border to
Cape Falcon, Oregon scheduled to open July 1, 2010. The landing and
possession limits of 150 Chinook salmon and 50 coho described in the
2010 annual management measures were reduced to 40 Chinook salmon and
30 coho per vessel per open period north of Leadbetter Point or 40
Chinook salmon and 30 coho per vessel per open period south of
Leadbetter Point. This action was taken to manage the Chinook salmon
catch rate and allow full access to the coho quota established
preseason, extending the availability of quota as much as possible
through the season, which is scheduled into September. On June 24,
2010, the states recommended this action and the RA concurred; inseason
action 7 took effect on July 1, 2010. 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 July 6, 2010. The information considered during this
consultation related to catch to date for Chinook and coho salmon, and
Chinook and coho salmon catch rates compared to quotas and other
management measures established preseason.
Inseason action 8 modified the daily bag limit for the
recreational salmon fishery from the U.S./Canada Border to Cape Falcon,
Oregon. The limit set preseason was two fish per day, only one of which
could be a Chinook salmon; inseason action 8 modified the
limit to two fish per day, both of which can be Chinook salmon. Based
on early catch rate data, there was concern that unless the bag limit
was modified, the coho quota would be exhausted before the full Chinook
salmon guideline established preseason could be used, which would
ultimately require the season to be closed early. On July 6, 2010, the
states recommended this action and the RA concurred; inseason action
8 took effect on July 8, 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 in the 2010 Ocean Salmon Fisheries Annual Management Measures
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
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.
[[Page 51185]]
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 (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: August 13, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-20623 Filed 8-18-10; 8:45 am]
BILLING CODE 3510-22-S
