42796 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 

purpose of the exempted educational 

activity and as otherwise necessary for 

the conservation and management of the 

fishery resources and the marine 

environment, including, but not limited 

to: 

* * * * * 

(B) A citation of the regulations from 

which the vessel is being exempted. 

* * * * * 

(E) Data reporting requirements 

necessary to document the activities and 

to determine compliance with the terms 

and conditions of the exempted 

educational activity. 

* * * * * 

(iii) The authorization will specify the 

scope of the authorized activity and will 

include, at a minimum, the duration, 

vessel(s), persons, species, and gear 

involved in the activity, as well as any 

additional terms and conditions 

specified under paragraph (d)(3)(ii) of 

this section. 

* * * * * 

(7) Inspection. Any authorization 

issued under this paragraph (d) must be 

carried on board the vessel(s) for which 

it was issued, or be in the possession of 

at least one of the persons identified in 

the authorization, who must be present 

while the exempted educational activity 

is being conducted. The authorization 

must be presented for inspection upon 

request of any authorized officer. 

Activities that meet the definition of 

‘‘fishing,’’ despite an educational 

purpose, are fishing. An authorization 

may allow covered fishing activities; 

however, fishing activities conducted 

outside the scope of an authorization for 

exempted educational activities are 

illegal. Any fish, or parts thereof, 

retained pursuant to an authorization 

issued under this paragraph must be 

accompanied, during any ex-vessel 

activities, by a copy of the 

authorization. 

(e) Observers. NMFS-sanctioned 

observers or biological technicians 

conducting activities within NMFSapproved sea sampling and/or observer 

protocols are exempt from the 

requirement to obtain an EFP. For 

purposes of this section, NMFSsanctioned observers or biological 

technicians include NMFS employees, 

NMFS observers, observers who are 

employees of NMFS-contracted observer 

providers, and observers who are 

employees of NMFS-permitted observer 

providers. 

[FR Doc. E9–20489 Filed 8–24–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 090324366–9371–01] 

RIN 0648–XQ50 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial and Recreational Salmon 

Fisheries; Inseason Actions #1, #2, and 

#3 

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 

three 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. 

DATES: Inseason actions #1 and #2 were 

effective on March 15, 2009, until 

replaced by the 2009 management 

measures, May 1, 2009. Inseason action 

#3 was effective on July 18, 2009 and 

remains in effect until the closing date 

or attainment of the subarea quotas, 

whichever was first, as announced in 

the 2009 annual management measures 

or through additional inseason action. 

Comments will be accepted through 

September 9, 2009. 

ADDRESSES: You may submit comments, 

identified by 0648–XQ50, 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: 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 

2008 annual management measures for 

ocean salmon fisheries (73 FR 23971, 

May 1, 2008), NMFS announced the 

commercial and recreational fisheries in 

the area from the U.S./Canada Border to 

the U.S./Mexico Border. 

On March 10, 2009, 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. Information related to 

catch to date, Chinook and coho catch 

rates, and possible impacts to 

Sacramento Fall Chinook were 

discussed. These inseason actions were 

taken because these fisheries were to 

occur in the impact area for Sacramento 

Fall Chinook. Preliminary projections 

suggested this stock was at risk of not 

meeting its escapement goal in 2009 and 

therefore consistent with the MagnusonStevens Act, all fisheries that impact the 

stock were potentially to remain closed 

until the 2009 management measures 

became effective on May 1, 2009. By 

moving the opening dates of these 

fisheries NMFS and the Council would 

have more time to evaluate the impacts 

of these fisheries on the Sacramento 

River fall Chinook stock. 

As a result, on March 10, 2009, the 

states recommended, and the RA 

concurred that inseason actions #1 and 

#2 would cancel the previously 

scheduled March 15, 2009, fishery 

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 in 

quota and/or fishing seasons is 

authorized by regulations at 50 CFR 

660.409(b)(1)(I). 

In the 2009 annual management 

measures for ocean salmon fisheries (74 

FR 20610, May 5, 2009), NMFS 

announced the commercial and 


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Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Rules and Regulations 42797 

recreational fisheries in the area from 

the U.S./Canada Border to the U.S./ 

Mexico Border, beginning May 1, 2009. 

The Regional Administrator (RA) 

consulted with representatives of the 

Pacific Fishery Management Council, 

Washington Department of Fish and 

Wildlife and Oregon Department of Fish 

and Wildlife on July 16, 2009. The 

information considered related to catch 

to date and Chinook and coho catch 

rates compared to quotas and other 

management measures established 

preseason. 

Inseason action #3 increased the 

commercial landing and possession 

limit for Chinook salmon in the area 

from the U.S./Canada Border to Cape 

Falcon, Oregon, from 40 to 75 Chinook 

salmon per vessel for each open period. 

This action was taken to provide greater 

access to Chinook salmon that were 

available for harvest within the 

guideline established preseason. On July 

16, 2009, the states recommended this 

action and the RA concurred; inseason 

action #3 took effect on July 18, 2009, 

until it is modified by any subsequent 

inseason actions. Modification in quota 

and/or fishing seasons is authorized by 

regulations at 50 CFR 660.409(b)(1)(i). 

All other restrictions and regulations 

remain in effect as announced for the 

2009 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. These actions do not apply to 

other fisheries that may be operating in 

other areas. 

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 (73 FR 23971, May 1, 2008; 74 

FR 20610, May 5, 2009), 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 allow 

fishers access to the available fish at the 

time the fish were available. 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 18, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–20490 Filed 8–24–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XR04 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Inshore Component in the 

Central Regulatory Area of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by non-American 

Fisheries Act (AFA) crab vessels that are 

subject to sideboard limits catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the 2009 Pacific cod sideboard limit 

established for non-AFA crab vessels 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 1, 2009, through 

2400 hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The 2009 Pacific cod sideboard limit 

established for non-AFA crab vessels 

that are subject to sideboard limits 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the GOA is 815 

metric tons (mt) for the GOA, as 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009). 

In accordance with § 680.22(e)(2)(i), 

the Regional Administrator has 

determined that the 2009 Pacific cod 

sideboard limit established for non-AFA 

crab vessels catching Pacific cod for 

processing by the inshore component in 

the Central Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

sideboard directed fishing allowance of 

805 mt, and is setting aside the 

remaining 10 mt as bycatch to support 

other anticipated groundfish fisheries. 

In accordance with § 680.22(e)(3), the 

Regional Administrator finds that this 

sideboard directed fishing allowance 

has been reached. Consequently, NMFS 

is prohibiting directed fishing for Pacific 

cod by non-AFA crab vessels that are 

subject to sideboard limits catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 


srobinson on DSKHWCL6B1PROD with RULES