75638 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 

42Agencies should be mindful of their obligations 

to maintain and preserve agency records under the 

Federal Records Act for maintaining and preserving 

agency records. 44 U.S.C. 3101 et seq. 

Federal agency may choose to initiate a 

program review specifically focused on 

categorical exclusions, it is possible that 

program reviews with a broader focus 

may yield information relevant to 

categorical exclusions and may thus 

substitute for reviews specifically 

focused on categorical exclusions. 

However, the substantial flexibility that 

agencies have in how they structure 

their review procedures underscores the 

importance of ensuring that the review 

procedures are clear and transparent. 

In working with agencies on 

reviewing their existing categorical 

exclusions, CEQ will look to the actual 

impacts from activities that have been 

subject to categorical exclusions, and 

will consider the extent and scope of 

agency monitoring and/or other 

substantiating evidence. As part of its 

oversight role and responsibilities under 

NEPA, CEQ will contact agencies 

following the release of this guidance to 

ascertain the status of their reviews of 

existing categorical exclusions. CEQ 

will make every effort to align its 

oversight with reviews being conducted 

by the agency and will begin with those 

agencies that are currently reassessing 

their categorical exclusions, as well as 

with agencies that are experiencing 

difficulties or facing challenges to their 

application of categorical exclusions. 

Finally, it is important to note that the 

rationale and supporting information for 

establishing or documenting experience 

with using a categorical exclusion may 

be lost if an agency has inadequate 

procedures for recording, retrieving, and 

preserving documents and 

administrative records. Therefore, 

Federal agencies will benefit from a 

review of their current practices for 

maintaining and preserving such 

records. Measures to ensure future 

availability could include greater 

centralization of records, use of modern 

storage systems and improvements in 

the agency’s electronic and hard copy 

filing systems.42

VII. Conclusion 

This guidance will help to guide CEQ 

and the agencies when an agency seeks 

to propose a new or revised categorical 

exclusion. It should also guide the 

agencies when categorical exclusions 

are used for proposed actions, when 

reviewing existing categorical 

exclusions, or when proposing new 

categorical exclusions. Questions 

regarding this guidance should be 

directed to the CEQ Associate Director 

for NEPA Oversight. 

Nancy H. Sutley, 

Chair. 

[FR Doc. 2010–30017 Filed 12–3–10; 8:45 am] 

BILLING CODE 3125–W0–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100218107–0199–01] 

RIN 0648–XY31 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial and Recreational Salmon 

Fisheries; Inseason Actions #12 and 

#13 

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 

two inseason actions in the ocean 

salmon fisheries. Inseason action #12 

modified the commercial fishery in the 

area from the U.S./Canada Border to 

Cape Falcon, Oregon. Inseason action 

#13 modified the commercial and 

recreational fisheries in the area from 

U.S./Canada Border to Cape Falcon, 

Oregon. 

DATES: Inseason actions #12 and #13 

were effective on August 6, 2010, and 

remain 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 

December 21, 2010. 

ADDRESSES: You may submit comments, 

identified by 0648–XY31, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

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 http://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 

Council, Washington Department of 

Fish and Wildlife, and Oregon 

Department of Fish and Wildlife on 

August 5, 2010. The information 

considered during this consultation 

related to Chinook and coho salmon 

catch to date and Chinook and coho 

salmon catch rates compared to quotas 

and other management measures 

established preseason. 

Inseason action #12 reduced the 

landing and possession limit for 

Chinook salmon in the commercial 

salmon fishery from the U.S./Canada 

Border to Cape Falcon, Oregon. 

Previously, inseason action #11 (75 FR 

54791, September, 9, 2010) imposed an 

open period landing and possession 

limit of 60 Chinook salmon and 50 coho 

per vessel. Inseason action #12 

decreased the Chinook salmon landing 

and possession limit to 30 Chinook 

salmon per vessel; the open period 

landing and possession limit for coho 

was unchanged by inseason action #12. 

This action was taken because Chinook 

salmon catches increased dramatically 

in the previous week, and there was 

concern that if the landing limit was not 

reduced the fishery would quickly 

exhaust the remaining Chinook salmon 

quota. On August 5, 2010, the States 

recommended this action and the RA 

concurred; inseason action #12 took 

effect on August 6, 2010. Modification 

of quota and/or fishing seasons is 

authorized by 50 CFR 660.409 (b)(1)(i). 

Inseason action #13 modified the 

quotas for the commercial and 

recreational fisheries through an 

inseason trade and transfer of quota; 

7,000 coho were transferred from the 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 75639 

commercial fishery quota to the 

recreational fishery quota; 2,500 

Chinook salmon were transferred from 

the recreational fishery guideline to the 

commercial fishery quota. This action 

was taken to provide additional 

Chinook salmon quota to the 

commercial fishery to extend the season 

and to provide additional coho quota to 

the recreational fishery. On August 5, 

2010, the States recommended this 

action and the RA concurred; inseason 

action #13 took effect on August 6, 

2010. The States and the RA met again 

on August 12, 2010 to consult with the 

Salmon Technical Team (STT). The STT 

modeled and reported on the impact 

neutral equivalents of the trade that took 

effect August 6, 2010. The transfer of 

7,000 coho to the recreational fishery 

resulted in a net reduction of 5,700 coho 

in the commercial quota. The transfer of 

2,500 Chinook salmon from the 

recreational fishery resulted in a net 

increase of 1,650 Chinook salmon in the 

commercial quota. 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 

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 (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: November 30, 2010. 

Brian W. Parker, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–30506 Filed 12–3–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100218107–0199–01] 

RIN 0648–XY83 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial and Recreational Salmon 

Fisheries; Inseason Actions #14 and 

#15 

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 

two inseason actions in the ocean 

salmon fisheries. Inseason action #14 

modified the commercial fishery in the 

area from the U.S./Canada Border to 

Cape Falcon, Oregon. Inseason action 

#15 modified the commercial and 

recreational fisheries in the area from 

U.S./Canada Border to Cape Falcon, 

Oregon. 

DATES: Inseason actions #14 and #15 

were effective on September 3, 2010, 

and remain 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 December 21, 

2010. 

ADDRESSES: You may submit comments, 

identified by 0648–XY83, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

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 http://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 

Council, Washington Department of 

Fish and Wildlife, and Oregon 

Department of Fish and Wildlife on 

September 2, 2010. The information 

considered during this consultation 

related to Chinook and coho salmon 

catch to date and Chinook and coho 

salmon catch rates compared to quotas 

and other management measures 

established preseason. 

Inseason action #14 announced that 

the commercial salmon fishery from the 


jdjones on DSK8KYBLC1PROD with RULES