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[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Rules and Regulations]
[Pages 27064-27065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9223]

[[Page 27064]]

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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.

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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 
[email protected] 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

[[Page 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
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