[Federal Register Volume 62, Number 232 (Wednesday, December 3, 1997)]
[Rules and Regulations]
[Pages 63876-63877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31679]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 970429101-7101-01; I.D. 111097A]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Adjustments and Closures from the 
U.S.-Canadian Border to the U.S.-Mexican Border

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

ACTION: Inseason adjustments and closures; request for comments.

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SUMMARY: NMFS announces the following inseason adjustments and closures 
in the recreational salmon fisheries. The regulation regarding 
compliance with minimum size or other special restrictions for the 
recreational salmon fishery off Washington, Oregon, and California, was 
modified from the annual management measures, beginning July 1, 1997. 
This action was necessary to allow recreational anglers to fish in 
accordance with management intent. For the recreational salmon fishery 
in the area from the Queets River to Leadbetter Point, WA, the bag 
limit was modified to two fish per day, and the area closure was 
rescinded so that the fishery was open 0 to 200 miles off shore, 
effective August 13, 1997, through September 4, 1997. This action was 
intended to liberalize measures for dampening chinook harvest 
associated with the small coho subarea quota due to sufficient numbers 
of fish remaining in the overall chinook quota north of Cape Falcon, 
OR. The recreational salmon fisheries were closed in the following 
areas: From the U.S.-Canadian border to Cape Alava, WA, at 2400 hours 
local time (l.t.), July 23, 1997; from Cape Alava to the Queets River, 
WA, at 2400 hours l.t., August 3, 1997; from the Queets River to 
Leadbetter Point, WA, at 2400 hours l.t., September 4, 1997; and from 
Leadbetter Point, WA, to Cape Falcon, OR, at 2400 hours l.t., August 7, 
1997. These actions were necessary to conform to the 1997 management 
measures and was intended to ensure conservation of chinook and coho 
salmon.

DATES: Inseason adjustment from the U.S.-Canadian border to the U.S.-
Mexican border effective 0001 hours l.t. July 1, 1997, through 2400 
hours l.t., November 16, 1997. Inseason adjustment from the Queets 
River to Leadbetter Point, WA, effective 0001 hours l.t., August 13, 
1997, through 2400 hours l.t., September 4, 1997. Closure from the 
U.S.-Canadian border to Cape Alava, WA, was effective at 2400 hours 
l.t., July 23, 1997, through 2400 hours l.t., September 25, 1997, at 
which time the season remains closed under the terms of the preseason 
announcement of the 1997 management measures. Closure from Cape Alava 
to the Queets River, WA, 2400 hours l.t., August 3, 1997, through 2400 
hours l.t., September 25, 1997, at which time the season remains closed 
under the terms of the preseason announcement of the 1997 management 
measures. Closure from the Queets River to Leadbetter Point, WA, 2400 
hours l.t., September 4, 1997, through 2400 hours l.t., September 25, 
1997, at which time the season remains closed under the terms of the 
preseason announcement of the 1997 management measures. Closure from 
Leadbetter Point, WA, to Cape Falcon, OR, 2400 hours l.t., August 7, 
1997, through 2400 hours l.t., September 25, 1997, at which time the 
season remains closed under the terms of the preseason announcement of 
the 1997 management measures. Comments will be accepted through 
December 17, 1997.
ADDRESSES: Comments may be mailed to William Stelle, Jr., Regional 
Administrator (Regional Administrator), Northwest Region, NMFS, 7600 
Sand Point Way NE., Seattle, WA 98115-0070. Information relevant to 
this action is available for public review during business hours at the 
office of the Regional Administrator, Northwest Region, NMFS.

FOR FURTHER INFORMATION CONTACT: William Robinson, 206-526-6140.

SUPPLEMENTARY INFORMATION:

Inseason Adjustment From the U.S.-Canadian Border to the U.S.-
Mexican Border

    In the annual management measures for ocean salmon recreational 
fisheries (62 FR 24355, May 5, 1997), NMFS announced in Table 2 note 
C.4. that ``All salmon on board a vessel must meet the minimum size or 
other special requirements for the area being fished and the area in 
which they are landed if that area is open. Salmon may be landed in an 
area that is closed only if they meet the minimum size or other special 
requirements for the area in which they were caught.''
    This regulation was problematic for recreational anglers. The area 
between Point Reyes and Pigeon Point, CA, from July 1 through September 
1, was subject to a daily bag limit of the first two fish, and no size 
limits applied. Adjacent areas to the north (Point Arena to Point 
Reyes, CA) and to the south (Pigeon Point to the U.S.-Mexican border) 
were open during this period and were subject to a daily bag limit of 
two fish and a minimum size limit for chinook salmon. Given the 
proximity of fishing ports to the management boundaries separating 
these areas with different minimum size restrictions, recreational 
anglers leaving port in one management area who chose to fish in the 
adjacent area could have been in violation when landing their catch in 
their home port. It was not the intent to prohibit such activities by 
recreational anglers. The modification maintains the requirement that 
fish must meet the minimum size or other special requirements for the 
area being fished, but rescinds the requirement that they must also 
meet the minimum size or other special requirements for the area in 
which they are landed. Therefore, Table 2 note C.4. was modified to 
read ``All salmon on board a vessel must meet the minimum size or other 
special requirements for the area being fished. Salmon may be landed in 
an area that is closed only if they meet the minimum size or other 
special requirements for the area in which they were caught.''
    Modification of limited retention regulations is authorized by 50 
CFR 660.409(b)(1)(ii). The Regional Administrator consulted with 
representatives of the Pacific Fishery Management Council (Council), 
the Washington Department of Fish and Wildlife (WDFW), the Oregon

[[Page 63877]]

Department of Fish and Wildlife (ODFW), and the California Department 
of Fish and Game regarding this adjustment. The states of Washington, 
Oregon, and California have been managing the recreational fishery in 
state waters adjacent to this area of the exclusive economic zone in 
accordance with this Federal action. As provided by the inseason notice 
procedures of 50 CFR 660.411, actual notice to fishermen of this action 
was given prior to July 1, 1997, by telephone hotline numbers (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. Because of the need for 
immediate action to modify the limited retention regulations before the 
July 1, 1997, opening of the season between Point Reyes and Pigeon 
Point, CA, NMFS determined that good cause existed for the action to be 
taken without affording a prior opportunity for public comment.

Inseason Adjustment From the Queets River to Leadbetter Point, WA

    In the annual management measures for ocean salmon fisheries, NMFS 
announced that the recreational fishery in the subarea between the 
Queets River and Leadbetter Point, WA, would open July 21 and continue 
through the earlier of September 25 or attainment of the 14,000 coho 
subarea quota. Inseason management would be used to sustain season 
length and keep harvest within a guideline of 3,000 chinook. The 
recreational bag limit would be two fish per day, and the area from 0 
to 3 miles off shore would be closed.
    Concern was expressed that this year's relative abundance of coho 
to chinook might be lower and that the chinook guideline could be 
achieved first, thus leaving a large portion of the coho quota 
unharvested. To optimize angler opportunity to fish on the available 
coho stocks, it was necessary to dampen the harvest of chinook at the 
beginning of the season by setting an area closure of 0 to 3 miles off 
shore and changing the bag limit to two fish, only one of which may be 
a chinook (62 FR 43484, August 14, 1997).
    The best available information on August 11 indicated that there 
were a sufficient number of fish in the overall chinook quota north of 
Cape Falcon, OR, such that the above measures were no longer needed. 
Hence, beginning at 0001 hours l.t., August 13, 1997, the daily bag 
limit for the recreational fishery in the subarea from Queets River to 
Leadbetter Point, WA, was reestablished back to two fish, and this area 
closure was rescinded so that the fishery was open from 0 to 200 miles 
off shore.
    Modification of recreational bag limits and closed areas is 
authorized by regulations at 50 CFR 660.409(b)(1)(iii) and (v). The 
Regional Administrator consulted with representatives of the Council 
and the WDFW regarding this adjustment. The State of Washington managed 
the recreational fishery in state waters adjacent to this area of the 
exclusive economic zone in accordance with this Federal action. As 
provided by the inseason notice procedures of 50 CFR 660.411, actual 
notice to fishermen of this action was given prior to 0001 hours l.t., 
August 13, 1997, by telephone hotline numbers (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. Because of the need for immediate 
action to liberalize the bag limit and area closure for this fishery, 
NMFS determined that good cause existed for this action to be taken 
without affording a prior opportunity for public comment.

Closures From the U.S.-Canadian Border to Cape Falcon, OR

    Regulations governing the ocean salmon fisheries at 50 CFR 
660.409(a)(1) state that when a quota for the commercial or the 
recreational fishery, or both, for any salmon species in any portion of 
the fishery management area is projected by the Regional Administrator 
to be reached on or by a certain date, the Secretary will, by an 
inseason action issued under 50 CFR 660.411, close the commercial or 
recreational fishery, or both, for all salmon species in the portion of 
the fishery management area to which the quota applies as of the date 
the quota is projected to be reached.
    In the 1997 management measures for ocean salmon fisheries, NMFS 
announced that the recreational fishery in the area from the U.S.-
Canadian border to Cape Alava, WA, would open on July 21 and continue 
through September 25, or attainment of the 550 chinook salmon subarea 
quota, whichever occurred first. Cape Alava to the Queets River, WA, 
would open on July 21 and continue through September 25, or attainment 
of the 800 coho salmon subarea quota, whichever occurred first. Queets 
River to Leadbetter Point, WA, would open on July 21 and continue 
through September 25, or attainment of the 14,000 coho salmon subarea 
quota, whichever occurred first. Leadbetter Point, WA, to Cape Falcon, 
OR, would open on July 21 and continue through September 25, or 
attainment of the 17,500 coho salmon subarea quota, whichever occurred 
first.
    Throughout the season the best available information was used to 
determine when the salmon quotas had been reached based on catch and 
effort data and projections. To provide for an orderly shutdown of the 
recreational fishery in these areas, closure was made effective for: 
U.S.-Canadian border to Cape Alava, WA, at 2400 hours l.t., July 23; 
Cape Alava to the Queets River, WA, at 2400 hours l.t., August 3; 
Queets River to Leadbetter Point, WA, at 2400 hours l.t., September 4; 
and Leadbetter Point, WA, to Cape Falcon, OR, at 2400 hours l.t., 
August 7. The Regional Administrator consulted with representatives of 
the Council, the WDFW, and the ODFW. The states of Washington and 
Oregon managed the recreational fishery in state waters adjacent to 
this area of the exclusive economic zone in accordance with this 
Federal action. As provided by the inseason notification procedures of 
50 CFR 660.411, actual notice to fishermen of this action was given 
prior to the actual closure times and dates, 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. Because of the 
need for immediate action to stop the fishery upon achievement of the 
quota, NMFS determined that good cause existed for this action to be 
taken without affording a prior opportunity for public comment.

Classification

    This action is authorized by 50 CFR 660.409 and 660.411 and is 
exempt from review under E.O. 12866.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 26, 1997.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-31679 Filed 12-2-97; 8:45 am]
BILLING CODE 3510-22-F