[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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