63876 Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations

§ 648.104 Gear restrictions.

(a) * * * (1) Otter trawlers whose

owners are issued a summer flounder

permit and that land or possess 100 or

more lb (45.4 or more kg) of summer

flounder from May 1 through October

31, or 200 lb or more (90.8 kg or more)

of summer flounder from November 1

through April 30, per trip, must fish

with nets that have a minimum mesh

size of 5.5–inch (14.0–cm) diamond or

6.0–inch (15.2–cm) square mesh applied

throughout the body, extension(s), and

codend portion of the net.

* * * * *

(f) The minimum net mesh

requirement may apply to any portion of

the net. The minimum mesh size and

the portion of the net regulated by the

minimum mesh size may be adjusted

pursuant to the procedures in § 648.100.

[FR Doc. 97–31708 Filed 11–28–97; 2:01 pm]

BILLING CODE 3510–22–F

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.

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the area closure was rescinded so that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
Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations 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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961126334–7025–02, I.D.

112597C]

Fisheries of the Economic Exclusive

Zone Off Alaska; Trawl Gear in the Gulf

of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.