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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 660
Docket ID: [Docket No. 070430095 7095 01]
RIN ID: RIN 0648-XH91
NOTICE: RULES
ACTION: Fisheries Off West Coast States:
DOCUMENT ACTION: Modification of fishing seasons; request for comments.
SUBJECT CATEGORY: Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fishery; Inseason Action
DATES: Inseason actions 3 and 4 were effective at
1615 hours local time (l.t.) April 9, 2008. After this time these
fisheries remained closed until reopened subject to the 2008 management
measures and regulations which were are announced, and published in the Federal Register (73 FR 23971, May 1, 2008). Comments will be accepted through August 6, 2008.
Comments will be accepted through August 6, 2008.
DOCUMENT SUMMARY: NOAA Fisheries announces two inseason actions in the ocean
salmon fisheries. Inseason action
SUMMARY: Modifications of West Coast Commercial Salmon Fishery; (Inseason Action 3 and 4),
SUPPLEMENTAL INFORMATION
In the 2007 annual management measures for ocean salmon fisheries (72 FR 24539, May 3, 2007), NMFS announced the commercial and recreational fisheries in the area from Cape Falcon, Oregon, to the Oregon/California Border. On April 9, 2008, the Regional Administrator (RA) consulted with
representatives of the Pacific Fishery Management Council, Washington
Department of Fish and Wildlife, Oregon Department of Fish and Wildlife
and California Department of Fish and Game. Information related to
catch to date, Chinook and coho catch rates, and effort data were
reported. These inseason actions were taken because these fisheries
were scheduled to occur in the impact area for Sacramento River fall
Chinook. This stock was projected not to meet its escapement goal in
2008 and therefore consistent with the MagnusonStevens Act all fisheries that impact the stock were to be closed. By
[[Page 42537]]
closing these fisheries NMFS attempted to provide for further opportunity in the 2008 fishing season.
As a result, on April 9, 2008, the states recommended, and the RA
concurred that inseason actions
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 2065266667 and 800662 9825, and by U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHFFM 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 (72 FR 24539, May 3, 2007), the West Coast
Salmon Plan, and regulations implementing the West Coast Salmon Plan at
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 30day 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: July 17, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. E816784 Filed 72108; 8:45 am]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT Sarah McAvinchey, 206-526-4323.
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