[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Rules and Regulations]
[Pages 60631-60632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24541]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XC222


Fraser River Sockeye Salmon Fisheries; Inseason Orders

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

ACTION: Temporary orders; inseason orders.

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SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate 
treaty and non-treaty (all citizen) commercial salmon fisheries in U.S. 
waters. The orders were issued by the Fraser River Panel (Panel) of the 
Pacific Salmon Commission (Commission) and subsequently approved and 
issued by NMFS during the 2012 salmon fisheries within the U.S. Fraser 
River Panel Area. These orders established fishing dates, times, and 
areas for the gear types of U.S. treaty Indian and all citizen 
commercial fisheries during the period the Panel exercised jurisdiction 
over these fisheries.

DATES: The effective dates for the inseason orders are set out in this 
document under the heading Inseason Orders.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.

SUPPLEMENTARY INFORMATION: The Treaty between the Government of the 
United States of America and the Government of Canada concerning 
Pacific Salmon was signed at Ottawa on January 28, 1985, and 
subsequently was given effect in the United States by the Pacific 
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
    Under authority of the Act, Federal regulations at 50 CFR part 300, 
subpart F provide a framework for the implementation of certain 
regulations of the Commission and inseason orders of the Commission's 
Fraser River Panel for U.S. sockeye salmon fisheries in the Fraser 
River Panel Area.
    The regulations close the U.S. portion of the Fraser River Panel 
Area to U.S. sockeye salmon tribal and non-tribal commercial fishing 
unless opened by Panel orders that are given effect by inseason 
regulations published by NMFS. During the fishing season, NMFS may 
issue regulations that establish fishing times and areas consistent 
with the Commission agreements and inseason orders of the Panel. Such 
orders must be consistent with domestic legal obligations and are 
issued by Regional Administrator, Northwest Region, NMFS. Official 
notification of these inseason actions is provided by two telephone 
hotline numbers described at 50 CFR 300.97(b)(1) and in 77 FR 25915 
(May 2, 2012). The inseason orders are published in the Federal 
Register as soon as practicable after they are issued. Due to the 
frequency with which inseason orders are issued, publication of 
individual orders is impractical. Therefore, the 2012 orders are being 
published in this single document to avoid fragmentation.

Inseason Orders

    The following inseason orders were adopted by the Panel and issued 
for U.S. fisheries by NMFS during the 2012 fishing season. Each of the 
following inseason actions was effective upon announcement on telephone 
hotline numbers as specified at 50 CFR 300.97(b)(1) and in 77 FR 25246 
(May 2, 2012); those dates and times are listed herein. The times 
listed are local times, and the areas designated are Puget Sound 
Management and Catch Reporting Areas as defined in the Washington State 
Administrative Code at Chapter 220-22.

Fraser River Panel Order Number 2012-01: Issued 12:30 p.m., July 24, 
2012

Treaty Indian Fisheries:
    Areas 4B, 5, and 6C: Open to drift gillnets from 12 p.m. (noon), 
Wednesday, July 25, 2012 to 12 p.m. (noon), Saturday, July 28, 2012.

Fraser River Panel Order Number 2012-02: Issued 12:30 p.m., July 30, 
2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Open to drift gillnets 3 p.m., Monday, July 
30, 2012, to 12 p.m. (noon), Wednesday, August 1, 2012.

Fraser River Panel Order Number 2012-03: Issued 12:30 p.m., July 31, 
2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Wednesday, August 1, 2012 through 12 p.m. (noon), Saturday, August 4, 
2012.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Thursday, 
August 2, 2012 through 9 a.m., Friday, August 3, 2012.
All Citizen Fishery:
    Areas 7 and 7A: Open to purse seines from 5 a.m. to 9 p.m., 
Wednesday, August 1, 2012.
    Areas 7 and 7A: Open to reef nets from 5 a.m. to 9 p.m., Wednesday, 
August 1, 2012.
    Areas 7 and 7A: Open to gillnets from 8 a.m. to 11:59 p.m. 
(midnight), Wednesday, August 1, 2012.

Fraser River Panel Order Number 2012-04: Issued 12:30 p.m., August 3, 
2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Saturday, August 4, 2012, through 12 p.m. (noon), Tuesday, August 7, 
2012.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Saturday, 
August 4, 2012 through 9 a.m., Sunday, August 5, 2012.

Fraser River Panel Order Number 2012-05: Issued 1 p.m., August 6, 2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Tuesday, August 7, 2012 to 12 p.m. (noon), Wednesday, August 8, 2012.

Fraser River Panel Order Number 2012-06: Issued 12:30 p.m., August 7, 
2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Wednesday, August 8, 2012 through 12 p.m. (noon), Saturday, August 11, 
2012.
    Areas 6, 7, and 7A: Open to net fishing from 5 a.m., Wednesday, 
August 8, 2012 through 9 a.m., Thursday, August 9, 2012.
All Citizen Fishery:
    Areas 7 and 7A: Open to purse seines from 8 a.m. to 2 p.m., Friday, 
August 10, 2012.
    Areas 7 and 7A: Open to reef nets from 5 a.m. to 9 p.m., Saturday, 
August 11, 2012.
    Areas 7 and 7A: Open to gillnets from 1 p.m. to 11 p.m., Thursday, 
August 9, 2012.

Fraser River Panel Order Number 2012-07: Issued 12:45 p.m., August 10, 
2012

Treaty Indian Fishery:
    Areas 4B, 5, and 6C: Drift gillnets, previously scheduled to be 
open through 12 p.m. (noon), Saturday, August 11, 2012, will now close 
at

[[Page 60632]]

6 p.m., Friday, August 10, 2012.

Fraser River Panel Order Number 2012-08: Issued 11:30 a.m., August 21, 
2012

    Relinquish regulatory control of all United States Panel Area 
waters effective 12:01 a.m., Sunday, September 2, 2012.

Classification

    The Assistant Administrator for Fisheries NOAA (AA), finds that 
good cause exists for the inseason orders to be issued without 
affording the public prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is 
impracticable and contrary to the public interest. Prior notice and 
opportunity for public comment is impracticable because NMFS has 
insufficient time to allow for prior notice and opportunity for public 
comment between the time the stock abundance information is available 
to determine how much fishing can be allowed and the time the fishery 
must open and close in order to harvest the appropriate amount of fish 
while they are available.
    The AA also finds good cause to waive the 30-day delay in the 
effective date, required under 5 U.S.C. 553(d)(3), of the inseason 
orders. A delay in the effective date of the inseason orders would not 
allow fishers appropriately controlled access to the available fish at 
that time they are available.
    This action is authorized by 50 CFR 300.97, and is exempt from 
review under Executive Order 12866.

    Authority:  16 U.S.C. 3636(b).

    Dated: October 1, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-24541 Filed 10-3-12; 8:45 am]
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