[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Rules and Regulations]
[Pages 78929-78931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31757]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XZ20


Fraser River Sockeye Salmon Fisheries; Inseason Orders

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary orders; inseason orders; request for comments.

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SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate 
salmon fisheries in U.S. waters. The orders were issued by the Fraser 
River Panel (Panel) of the Pacific Salmon Commission (Commission) and 
subsequently approved and issued by NMFS during the 2010 salmon 
fisheries within the U.S. Fraser River Panel Area. These orders 
established fishing dates, times, and areas for the gear types of U.S. 
treaty Indian and all citizen fisheries during the period the Panel 
exercised jurisdiction over these fisheries.

DATES: The effective dates for the inseason orders are set out in this 
document under the heading Inseason Orders. Comments will be accepted 
through January 3, 2011.

ADDRESSES: You may submit comments, identified by 0648-XZ20 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.
    Mail: NMFS NWR, 7600 Sand Point Way, NE., Seattle, WA 98115.
    Instructions: 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). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Peggy Busby, by phone at 206-526-4323, 
<a href="/cdn-cgi/l/email-protection#33435654544a1d514640514a735d5c52521d545c45"><span class="__cf_email__" data-cfemail="b9c9dcdedec097dbcccadbc0f9d7d6d8d897ded6cf">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Treaty between the Government of the 
United States of America and the Government of Canada concerning 
Pacific Salmon was signed at Ottawa on January 28, 1985, and 
subsequently was given effect in the United States by the Pacific 
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
    Under authority of the Act, Federal regulations at 50 CFR part 300, 
subpart F provide a framework for the

[[Page 78930]]

implementation of certain regulations of the Commission and inseason 
orders of the Commission's Fraser River Panel for U.S. sockeye salmon 
fisheries in the Fraser River Panel Area.
    The regulations close the U.S. portion of the Fraser River Panel 
Area to U.S. sockeye salmon fishing unless opened by Panel orders that 
are given effect by inseason regulations published by NMFS. During the 
fishing season, NMFS may issue regulations that establish fishing times 
and areas consistent with the Commission agreements and inseason orders 
of the Panel. Such orders must be consistent with domestic legal 
obligations and are issued by Regional Administrator, Northwest Region, 
NMFS. Official notification of these inseason actions is provided by 
two telephone hotline numbers described at 50 CFR 300.97(b)(1) and in 
75 FR 24482 (May 5, 2010). The inseason orders are published in the 
Federal Register as soon as practicable after they are issued. Due to 
the frequency with which inseason orders are issued, publication of 
individual orders is impractical. Therefore, the 2010 orders are being 
published in this single document to avoid fragmentation.

Inseason Orders

    The following inseason orders were adopted by the Panel and issued 
for U.S. fisheries by NMFS during the 2010 fishing season. Each of the 
following inseason actions was effective upon announcement on telephone 
hotline numbers as specified at 50 CFR 300.97(b)(1) and in 75 FR 24482 
(May 5, 2010); those dates and times are listed herein. The times 
listed are local times, and the areas designated are Puget Sound 
Management and Catch Reporting Areas as defined in the Washington State 
Administrative Code at Chapter 220-22.

Order Number 2010-01: Issued 12:30 p.m., July 27, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5 and 6C: Open to drift gillnets from 12 noon, Thursday, 
July 29, 2010 to 12 noon, Saturday, July 31, 2010.

Order Number 2010-02: Issued 1 p.m., July 30, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Opening extended for drift gillnets from 12 
noon, Saturday, July 31, 2010 to 12 noon, Wednesday, August 4, 2010.

Order Number 2010-03: Issued 1 p.m., August 3, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Opening extended for drift gillnets from 12 
noon, Wednesday, August 4, 2010 to 12 noon, Saturday, August 7.
    Areas 6, 7 and 7A: Open to net fishing from 5 a.m., Friday, August 
6, 2010 to 5 a.m., Sunday, August 8, 2010.
    All Citizen Fisheries:
    Areas 7 and 7A: Open to purse seines from 5 a.m. to 9 p.m., Sunday, 
August 8, 2010.
    Areas 7 and 7A: Open to reefnets from 5 a.m. to 9 p.m., Sunday, 
August 8, 2010.
    Areas 7 and 7A: Open to gillnets from 8 a.m. to 11:59 p.m. 
(midnight), Sunday, August 8, 2010.

Order Number 2010-04: Issued 1:30 p.m., August 6, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Opening extended for drift gillnets from 12 
noon, Saturday, August 7, 2010 to 12 noon, Tuesday, August 10, 2010.

Order Number 2010-05: Issued 2 p.m., August 15, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Open to drift gillnets from 6 p.m., Sunday, 
August 15, 2010 to 12 noon, Wednesday, August 18, 2010.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Wednesday, 
August 18, 2010, to 9 p.m., Wednesday, August 18, 2010.
    All Citizen Fisheries:
    Areas 7 and 7A: Open to purse seines from 8 a.m., Tuesday, August 
17, 2010, to 4 p.m., Tuesday, August 17, 2010.
    Areas 7 and 7A: Open to reefnets from 8 a.m., Tuesday, August 17, 
2010, to 4 p.m., Tuesday, August 17, 2010.
    Areas 7 and 7A: Open to gillnets from 3 p.m., Tuesday, August 17, 
2010, to 11 p.m., Tuesday, August 17, 2010.

Order Number 2010-06: Issued 1:30 p.m., August 17, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Opening extended for drift gillnets from 12 
noon, Wednesday, August 18, 2010, to 12 noon, Friday, August 20, 2010.
    Areas 6, 7, and 7A: Opening extended for net fishing from 9 p.m., 
Wednesday, August 18, 2010, to 9 a.m., Thursday, August 19, 2010.

Order Number 2010-07: Issued 2 p.m., August 20, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Open to drift gillnets from 3 p.m., Friday, 
August 20, 2010, to 12 noon, Wednesday, August 25, 2010.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Sunday, August 
22, 2010, to 9 a.m., Wednesday, August 25, 2010.
    All Citizen Fisheries:
    Areas 7 and 7A: Open to purse seines from 11 a.m. to 5 p.m., 
Saturday, August 21, 2010, in the area southerly and easterly of a 
straight line drawn from Iwersen's Dock on Point Roberts in the State 
of Washington to the Georgina Point Light at the entrance to Active 
Pass in the province of British Columbia.
    Areas 7 and 7A: Open to reefnets from 5 a.m. to 9 p.m., Saturday, 
August 21, 2010.
    Areas 7 and 7A: Open to gillnets from 8 a.m. to 11:59 p.m. 
(midnight), Saturday, August 21, 2010.

Order Number 2010-08: Issued 1:30 p.m., August 24, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Extended for drift gillnets from 12 noon, 
Wednesday, August 25, 2010 to 12 noon, Saturday, August 28, 2010.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Thursday, 
August 26, 2010, to 9 a.m., Sunday, August 29, 2010.
    All Citizen Fisheries:
    Areas 7 and 7A: Open to purse seines from 5 a.m. to 9 p.m., 
Wednesday, August 25, 2010.
    Areas 7 and 7A: Open to reefnets from 5 a.m. to 9 p.m., Wednesday, 
August 25, 2010, and from 5 a.m. to 9 p.m., Thursday, August 26, 2010.
    Areas 7 and 7A: Open to gillnets from 8 a.m. to 11:59 p.m. 
(midnight), Wednesday, August 25, 2010.

Order Number 2010-09: Issued 12:30 p.m., August 27, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 noon, 
Saturday, August 28, 2010, through 12 noon, Wednesday, September 1, 
2010.
    Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Sunday, 
August 29, 2010, through 9 a.m., Monday, August 30, 2010. Open to net 
fishing from 5 a.m., Tuesday, August 31, 2010, through 9 a.m., 
Wednesday, September 1, 2010.
    All Citizen Fisheries:
    Areas 7 and 7A: Open to purse seines from 5 a.m. to 9 p.m., Monday, 
August 30, 2010.
    Areas 7 and 7A: Open to reefnets from 5 a.m. to 9 p.m., Monday, 
August 30, 2010, and from 5 a.m. to 9 p.m., Tuesday, August 31, 2010.
    Areas 7 and 7A: Open to gillnets from 8 a.m. to 11:59 p.m. 
(midnight), Monday, August 30, 2010.

[[Page 78931]]

Order Number 2010-10: Issued 12:30 p.m., August 31, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 noon, 
Wednesday, September 1, 2010, through 12 noon, Saturday, September 4, 
2010.
    Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Wednesday, 
September 1, 2010 through 9 a.m., Friday, September 3, 2010.
    All Citizen Fisheries:
    Areas 7 and 7A: Open to purse seines from 9 a.m. through 9 p.m., 
Friday, September 3, 2010, in the area southerly and easterly of a 
straight line drawn from Iwersen's dock on Point Roberts in the State 
of Washington to the Georgina Point Light at the entrance to Active 
Pass in the Province of British Columbia.
    Areas 7 and 7A: Open to reefnets from 5 a.m. to 9 p.m., Friday, 
September 3, 2010.
    Areas 7 and 7A: Open to gillnets from 8 a.m. to 11:59 p.m. 
(midnight), Friday, September 3, 2010.

Order Number 2010-11: Issued 12 noon, September 3, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 noon, 
Saturday, September 4, 2010, through 12 noon, Wednesday, September 8, 
2010.
    Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Saturday, 
September 4, 2010, through 9 a.m., Wednesday, September 8, 2010.
    All Citizen Fisheries:
    Areas 7 and 7A: Open to reefnets daily from 5 a.m. to 9 p.m., from 
Saturday, September 4, 2010, through Tuesday, September 7, 2010.

Order Number 2010-12: Issued 2 p.m., September 7, 2010

    Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 noon, 
Wednesday, September 8, 2010, through 11:59 p.m. (midnight), Saturday, 
September 11, 2010.
    Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Thursday, 
September 9, 2010, through 9 a.m., Saturday, September 11, 2010.
    All Citizen Fisheries:
    Areas 7 and 7A: Open to purse seines from 5 a.m. through 9 p.m., 
Wednesday, September 8, 2010.
    Areas 7 and 7A: Open to reefnets daily from 5 a.m. to 9 p.m., from 
Wednesday, September 8, 2010, through Friday, September 10, 2010.
    Areas 7 and 7A: Open to gillnets from 8:15 a.m. to 11:59 p.m. 
(midnight), Wednesday, September 8, 2010.

Order Number 2010-13: Issued 12 noon, September 10, 2010

    Treaty Indian Fisheries:
    Areas 6, 7, and 7A: Extend for net fishing through 9 a.m., Tuesday, 
September 14, 2010.
    All Citizen Fisheries:
    Areas 7 and 7A: Extend for reefnets daily, from 5 a.m. to 9 p.m., 
through Friday, September 17, 2010.

Order Number 2010-14: Issued 12 noon, September 14, 2010

    Treaty Indian Fisheries:
    Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Thursday, 
September 16, 2010, through 11:59 p.m. (midnight), Saturday, September 
18, 2010.
    All Citizen Fisheries:
    Areas 7 and 7A: Open for reefnets from 5 a.m. to 9 p.m., Saturday, 
September 18, 2010.

Classification

    The Assistant Administrator for Fisheries NOAA (AA), finds that 
good cause exists for the inseason orders to be issued without 
affording the public prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is 
impracticable and contrary to the public interest. Prior notice and 
opportunity for public comment is impracticable because NMFS has 
insufficient time to allow for prior notice and opportunity for public 
comment between the time the stock abundance information is available 
to determine how much fishing can be allowed and the time the fishery 
must open and close in order to harvest the appropriate amount of fish 
while they are available.
    The AA also finds good cause to waive the 30-day delay in the 
effective date, required under 5 U.S.C. 553(d)(3), of the inseason 
orders. A delay in the effective date of the inseason orders would not 
allow fishers appropriately controlled access to the available fish at 
that time they are available.
    This action is authorized by 50 CFR 300.97, and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 3636(b).

    Dated: December 14, 2010.
Brian W. Parker,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-31757 Filed 12-16-10; 8:45 am]
BILLING CODE 3510-22-P


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