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
75640 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 

U.S./Canada Border to Cape Falcon, 

Oregon would close at 11:59 p.m., 

Tuesday, September 7, 2010. This action 

was taken to fully utilize remaining 

Chinook salmon quota without 

exceeding the available quota between 

the Commercial and Recreational 

fisheries. On September 2, 2010, the 

States recommended this action and the 

RA concurred; inseason action #14 took 

effect on September 3, 2010. 

Modification of quota and/or fishing 

seasons is authorized by 50 CFR 660.409 

(b)(1)(i). 

Inseason action #15 modified the 

quotas for the commercial and 

recreational fisheries through an 

inseason transfer of quota; 1,000 

Chinook salmon were transferred from 

the north of Cape Falcon recreational 

fishery guideline to the north of Cape 

Falcon commercial fishery quota. The 

Salmon Technical Team determined 

that the impact neutral effective transfer 

would increase the commercial quota 

north of Cape Falcon by 800 Chinook 

salmon. This action was taken to make 

available to the commercial fishery 

Chinook salmon quota that was 

otherwise projected to go unutilized in 

the recreational fishery. On September 

2, 2010, the States recommended this 

action and the RA concurred; inseason 

action #15 took effect on September 3, 

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 

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. 2010–30507 Filed 12–3–10; 8:45 am] 

BILLING CODE 3510–22–P 


jdjones on DSK8KYBLC1PROD with RULES