27064 Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 060427113–6113–01] 

RIN 0648–XA16 

Fisheries Off West Coast States and in 

the Western Pacific; Modifications of 

the West Coast Commercial Salmon 

Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Modification of fishing seasons, 

landing and possession limits; request 

for comments. 

SUMMARY: NOAA Fisheries announces 

that the commercial fishery in the area 

from Cape Falcon, Oregon to the 

Oregon/California border and in the area 

from Horse Mountain to Point Arena, 

California was modified by two 

inseason actions. Inseason action #1 

modified the previously scheduled open 

period in the area from Cape Falcon, 

Oregon to the Oregon/California border. 

This action also modified the open dates 

in the area from Horse Mountain to 

Point Arena, California. Inseason action 

#2 increased the landing and possession 

limit in the Fort Bragg subarea from 

April 23–27. All other restrictions and 

regulations remained in effect as 

announced for the 2006 Ocean Salmon 

Fisheries and previous inseason actions. 

DATES: Inseason action #1, in the area 

from Cape Falcon, Oregon to the 

Oregon/California border was effective 

from 0001 hours local time (l.t.) 

Tuesday, April 10, 2007, through 2359 

hours l.t., Sunday, April 29, 2007. 

Inseason action #1 in the area from 

Horse Mountain to Point Arena, 

California was effective 0001 hours l.t. 

on April 9–13, 16–20, and 23–27 and 

remained open until the close of the last 

open period at 2350 l.t. Friday, April 27, 

2007. Inseason action #2 in the area 

from Horse Mountain to Point Arena 

California was effective 0001 hours l.t. 

Monday April 23 through 2359 l.t. 

Friday April 27. 

After this time the fisheries remained 

closed until reopened subject to the 

2007 management measures and 

regulations which were are announced, 

and published in the Federal Register 

(72 FR 24539, May 3,2007). 

Comments will be accepted through 

May 29, 2007. 

ADDRESSES: Comments on these actions 

must be mailed to D. Robert Lohn, 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

N.E., Bldg. 1, Seattle, WA 98115–0070; 

or faxed to 206–526–6376. Comments 

can also be submitted via e-mail at the 

2007salmonIA1.nwr@noaa.gov address, 

or through the internet at the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments, 

and include [0648–XA16] in the subject 

line of the message. Information 

relevant to this document is available 

for public review during business hours 

at the Office of the Regional 

Administrator, Northwest Region, 

NMFS. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McAvinchey 206–526–4323. 

SUPPLEMENTARY INFORMATION: In the 

2006 annual management measures for 

ocean salmon fisheries (71 FR 26254, 

May 4, 2006), NMFS announced the 

commercial fisheries in the area from 

Cape Falcon, Oregon to the Oregon/ 

California border and from Horse 

Mountain to Point Arena, California. 

The 2006 management measures listed a 

March 15, 2007, opening date for the 

Newport, Coos Bay, Oregon Klamath 

Management Zone (KMZ)and Fort Bragg 

areas unless modified at the March 2007 

Council meeting. The Newport, Coos 

Bay and Oregon KMZ subareas had 

fishing regulations that stated fishing 

was for all salmon except coho, with a 

28–inch (71.1–cm) total length Chinook 

minimum size limit. The Fort Bragg area 

had the same requirements except that 

the Chinook total length minimum size 

limit was 27 inches (68.6 cm). 

On March 8, 2007, for Inseason action 

#1 and April 20, 2007 for Inseason 

action #2 the Regional Administrator 

(RA) consulted with representatives of 

the Pacific Fishery Management 

Council, Oregon Department of Fish and 

Wildlife and California Department of 

Fish and Game. Information related to 

catch to date, 2007 projections, Chinook 

and coho catch rates, and effort data 

were reported. Inseason action #1 was 

taken because the data indicated that 

the lower abundance projections 

warranted shortening the fishing season 

from what was announced in the 2006 

regulations. By reducing the open 

period and moving the opening date of 

the fishery to April the Council limited 

the fishery in these areas in order to 

provide more opportunity later in the 

2007 season. Inseason action #2 was 

taken because adequate quota remained 

and an increase in the landing and 

possession limit from 20 fish per vessel 

per day to 30 fish per vessel per day 

would afford more fishing opportunity. 

As a result, on March 8, 2007, the 

states recommended, and the RA 

concurred, that effective from Tuesday, 

April 10 to Sunday, April 29 in the area 

from Cape Falcon, Oregon, to the 

Oregon/California border the fishery 

would be open for all salmon except 

coho, with a 100–fish per vessel per 

calendar week (Sunday through 

Saturday) landing and possession limit, 

with a requirement that fish caught in 

the area must be landed in the State of 

Oregon. The RA also concurred that in 

the area from Horse Mountain to Point 

Arena, California, the fishery would be 

open April 9–13, 16–20, and 23–27 for 

all salmon, except coho, with a 2000–

fish total quota. For this area there was 

also a 20- fish per day per vessel landing 

and possession limit and a requirement 

that fish caught in the area must be 

landed in the area. Subsuquently, on 

April 20, 2007, the states recommended 

and the RA concurred that in the area 

from Horse Mountain to Point Arena, 

California, the landing and possession 

limit was 30 fish per vessel per day. 

These actions were necessary to 

conform to the 2006 management goals. 

The intended effect was to allow the 

fishery to operate within the seasons 

and quotas specified in the 2006 annual 

management measures and provide 

more harvest opportunity during the 

2007 season. Modification in quota and/ 

or fishing seasons is authorized by 

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

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 


ycherry on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 92 / Monday, May 14, 2007 / Rules and Regulations 27065 

radio notification. These actions comply 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (71 FR 26254, May 4, 2006), 

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 limit fishers 

appropriately controlled access to 

available fish during the scheduled 

fishing season by unnecessarily 

restricting the fishery. 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: May 9, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–9223 Filed 5–11–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 070418089–7089–01; I.D. 

040507G] 

RIN 0648–AV49 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish 

Fisheries; Closed Season 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; request for 

comments. 

SUMMARY: This interim rule closes 

Federal waters in the main Hawaiian 

Islands to commercial and recreational 

fishing for seven deepwater bottomfish 

species during May 15 through 

September 30, 2007. This action is 

intended to immediately address 

overfishing for these species in the 

Hawaiian Archipelago while a long-term 

management program is developed for 

the bottomfish multi-species complex. 

DATES: Effective 12:01 a.m. (0001 hrs) 

Hawaii-Aleutian Standard Time (HST) 

on May 15, 2007, until 11:59 p.m. (2359 

hrs) HST on September 30, 2007. 

Comments must be received on or 

before June 13, 2007. 

ADDRESSES: You may submit comments, 

identified by ‘‘0648–AV49’’ by any of 

the following methods: 

• E-mail: AV49Bottomfish@noaa.gov. 

Include ‘‘AV49’’ in the subject line of 

the message. Comments sent via e-mail, 

including all attachments, must not 

exceed a file size of 10 megabytes. 

• Federal e-Rulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: William L. Robinson, 

Regional Administrator, NMFS Pacific 

Islands Region (PIR), 1601 Kapiolani 

Blvd. 1110, Honolulu, HI 96814. 

In accordance with NEPA, an 

Environmental Assessment (EA) was 

prepared for this interim action, and is 

available from William L. Robinson (see 

ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, NMFS PIR, 808–944–2271. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This interim rule is accessible via the 

World Wide Web at the Office of the 

Federal Register’s web site 

www.gpoaccess.gov/fr/index.html. 

Background 

Bottomfish in Hawaii are managed 

according to the Fishery Management 

Plan for Bottomfish and Seamount 

Groundfish in the Western Pacific 

Region (Bottomfish FMP), which was 

developed by the Western Pacific 

Fishery Management Council (Council) 

and implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). Hawaii 

bottomfish are managed as a single 

archipelagic-wide multi-species stock 

complex (bottomfish complex). The 

bottomfish complex comprises certain 

deep-slope snappers, groupers, and 

jacks. Fisheries and management 

programs for Hawaiian bottomfish occur 

in two large geographic areas, the 

Northwestern Hawaiian Islands (NWHI) 

and the main Hawaiian Islands (MHI). 

Pursuant to Presidential Proclamation 

8031 (June 15, 2006), commercial 

fishing in the area of the NWHI that is 

encompassed by the Papah naumoku 

kea Marine National Monument is 

limited to the eight valid Federal 

bottomfish permits effective on June 15, 

2006. Bottomfish landings under these 

permits are limited to 350,000 lb 

(158,757 kg) annually, and may 

continue until June 15, 2011. 

Regulations codifying the terms of the 

Proclamation are found at 50 CFR 

400.10. Regulations governing 

bottomfish fishing by U.S. vessels in 

accordance with the FMP appear at 

subpart H of 50 CFR part 600 and 

subpart E of 50 CFR part 665. 

NMFS, on behalf of the Secretary of 

Commerce, determined that overfishing 

was occurring on the bottomfish 

complex around the Hawaiian 

Archipelago, with the primary problem 

being excess fishing effort in the MHI. 

On May 27, 2005, NMFS requested the 

Council to take appropriate action to 

end overfishing (70 FR 34452, June 14, 

2005). 

About 300 commercial vessels 

participate in the MHI bottomfish 

fishery, and recreational vessels are 

estimated at over 1,000. Fishermen use 

hooks and lines to target bottomfish 

over deep bottom slopes. Fishing trips 

are usually a day or less, and most 

fishermen participate in both bottomfish 

and pelagic (e.g., troll) fisheries. Except 

for a few full-time commercial 

bottomfish fishermen, most fish for 

bottomfish no more than 60 days a year. 

Many fishermen who fish for recreation 

also sell part of their catch to offset 

fishing expenses, making the distinction 

between recreational and commercial 

activities difficult. The total 2003 exvessel revenue from commercial 

bottomfish fishing in the MHI was an 

estimated $1,460,000 for landings of 

273,000 lb (123,831 kg). Data from the 

MHI commercial fishery are collected 

through the State of Hawaii commercial 

fishing report program. There is no data 

reporting requirement for recreational 

fishing; recreational data are collected 

through surveys. 

Based on 2003 data, NMFS had 

estimated that fishing mortality needed 

to be decreased by 15 percent from 2003 

levels in the MHI to end overfishing in 

the Hawaiian Archipelago. Accordingly, 

the Council began preparation of an 

amendment to the Bottomfish FMP that 

would have proposed prohibiting 

recreational and commercial fishermen 

from fishing for seven deep-water 

bottomfish management unit species in 

Federal waters of Hawaii’s Penguin 

Bank and Middle Bank. Historically, 

those areas represented 16–20 percent of 

MHI bottomfish landings, and would 

have ended the overfishing. The deepwater species are onaga Etelis 

coruscans, ehu E. carbunculus, gindai 

Pristipomoides zonatus, kalekale P. 

sieboldii, opakapaka P. filamentosus, 


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