Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Rules and Regulations 46555 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 4, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–18409 Filed 8–8–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 080428611–8612–01] 

RIN 0648–XJ22 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial and Recreational Salmon 

Fisheries; Inseason Actions #5 and #6 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Modification of fishing seasons; 

request for comments. 

SUMMARY: NOAA Fisheries announces 

two inseason actions in the ocean 

salmon fisheries. Inseason action #5 

modified the commercial fishery from 

the U.S./Canada Border to Cape Falcon, 

Oregon. Inseason action #6 modified the 

recreational fishery from U.S./Canada 

Border to Cape Falcon, Oregon. 

DATES: Inseason action #5 was effective 

on June 21, 2008, in the area from the 

U.S./Canada Border to Cape Falcon, 

Oregon, as it adjusted the landing and 

possession limit, and effective on June 

24, 2008, for the closure of the area. 

After this time, the fishery will remain 

closed until opened through an 

additional inseason action for the west 

coast salmon fisheries, which will be 

published in the Federal Register, or 

until the effective date of the next 

scheduled open period as announced in 

the 2008 annual management measures. 

Inseason action #6 was effective June 

21, 2008, in the areas from the U.S./ 

Canada border to Cape Alava, WA (Neah 

Bay subarea), from Cape Alava to Queets 

River, WA (La Push Subarea) and from 

Leadbetter Point, WA, to Cape Falcon, 

OR (Columbia River Subarea), effective 

June 22, 2008, in the area from Queets 

River to Leadbetter Point, WA (Westport 

subarea), effective July 1, 2008, in the 

Neah Bay and La Push subarea, and 

effective June 29, 2008, in the Westport 

and Columbia River subareas. These 

adjustments will remain in effect until 

the closing date or attainment of the 

subarea quotas, whichever is first, as 

announced in the 2008 annual 

management measures or through 

additional inseason action. Comments 

will be accepted through August 26, 

2008. 

ADDRESSES: You may submit comments, 

identified by 0648–XJ22, 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: Sarah 

McAvinchey 

• Mail: 7600 Sand Point Way NE, 

Build 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: 

Sarah McAvinchey 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 Cape Falcon, Oregon, to 

the U.S./Mexico Border. 

On June 19, 2008, for Inseason #5 and 

June 20, 2008, for inseason #6, 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. Information related to 

catch to date and Chinook and coho 

catch rates. Inseason action #5 was 

taken because the quota in the area from 

the U.S./Canada Border to Cape Falcon, 

Oregon, was projected to be met and in 

order to provide more fishing days 

within the remaining quota and open 

days the landing and possession limit 

was decreased and the fishery was 

closed before the scheduled close date 

as listed in the 2008 management 

measures (73 FR 23971, May 1, 2008). 

Inseason action #6 was taken because 

catch data indicated there was quota 

available in the area from the U.S./ 

Canada Border to Cape Falcon, Oregon, 

to be taken within the scheduled season, 

therefore removing the restriction on the 

number of Chinook to be landed 

attempted to provide the opportunity for 

the full quota to be taken within the 

scheduled season. 

As a result, on June 19, 2008, the 

states recommended, and the RA 

concurred that inseason action #5 

would take effect in the area from the 

U.S./Canada border to Cape Falcon, 

Oregon. Effective June 21, 2008 the 

landing and possession limit in this area 

would be 35 Chinook per vessel for each 

open period north of Leadbetter Point or 

35 Chinook south of Leadbetter Point. 

Following this opening the area from 

the U.S./Canada border to Cape Falcon, 

Oregon, was closed at 11:59 pm on 

Tuesday, June 24, 2008. On June 20, 

2008, the states recommended, and the 

RA concurred that inseason action #6 

would take effect in the area from the 

U.S./Canada border to Cape Falcon, 

Oregon. Inseason action #6 increased 

the landing and possession limit to 2 

fish per day for Chinook only, effective 

Saturday, June 21, 2008 in the areas 

from the U.S./Canada border to Cape 

Alava, WA (Neah Bay subarea), from 

Cape Alava to Queets River, WA (La 

Push Subarea) and from Leadbetter 

Point, WA, to Cape Falcon, OR 

(Columbia River Subarea). This action 

also increased the landing and 

possession limit to 2 fish per day for 

Chinook only, effective Sunday, June 

22, 2008, in the area from Queets River 

to Leadbetter Point, WA (Westport 

subarea). In addition to these 

adjustments the following change was 

made, effective July 1, 2008, in the Neah 

Bay and La Push subarea, and effective 

June 29, 2008, in the Westport and 

Columbia River subareas, the landing 

and possession limit was modified to all 

salmon 2 fish per day with no 

restriction to land no more than 1 

Chinook. Modification of quota and/or 

fishing seasons is authorized by 

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

modification of recreational bag limits is 

authorized at 50 CFR 660.409(b)(1)(iii). 

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, 


jlentini on PROD1PC65 with RULES
46556 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Rules and Regulations 

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), 

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 5, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–18482 Filed 8–8–08; 8:45 am] 

BILLING CODE 3510–22–S 


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