[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Rules and Regulations]
[Pages 42856-42857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20349]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 99043-913-01; I.D. 072299C]


Fisheries off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Commercial Closure From Fort Ross to Point 
Reyes, CA; Inseason Adjustment from Cape Flattery to Leadbetter Point, 
WA

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

ACTION: Closure; inseason adjustment (transfer); request for comments.

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SUMMARY: NMFS announces that the commercial salmon fishery in the area 
from Fort Ross to Point Reyes, CA, was closed at midnight, July 12, 
1999. The Northwest Regional Administrator, NMFS (Regional 
Administrator), has determined that the commercial quota of 2,500 
chinook salmon has been reached. In addition, 2,500 chinook salmon will 
be transferred from the May/June commercial troll fishery between the 
U.S.-Canada border and Cape Falcon, Oregon, to the July through 
September fishery between Cape Flattery and Leadbetter Point, WA. These 
actions are necessary to conform to the 1999 management measures and 
are intended to ensure conservation of chinook salmon.

DATES: Closure effective 2400 hours local time (l.t.), July 12, 1999. 
Transfer effective August 5, 1999. Comments will be accepted through 
August 20, 1999.

ADDRESSES: Comments may be mailed to William Stelle, Jr., Regional 
Administrator, Northwest Region, NMFS, NOAA, 7600 Sand Point Way NE., 
Bldg. 1, Seattle, WA 98115-0070; or to Rodney R. McInnis, Acting 
Regional Administrator, Southwest Region, NMFS, NOAA, 501 W. Ocean 
Blvd., Suite 4200, Long Beach, CA 90802-4132. Information relevant to 
this document 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, or 
Svein Fougner, 562-980-4030.

SUPPLEMENTARY INFORMATION:

Closure of the Test Fishery

    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, NMFS will, by notification 
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 1999 management measures for ocean salmon fisheries (64 FR 
24078, May 5, 1999), NMFS announced that the commercial fishery for all 
salmon, except coho, in the area between Fort Ross (38 deg.31'00'' N. 
lat.) to Point Reyes, CA (test fishery inside 6 nm [11.1 km]) would 
open on July 1 through the earlier of July 14 or attainment of a 2,500 
chinook quota.
    Daily landings of chinook salmon from July 1 to 8 ranged from 0 to 
300 fish, with 1 to 22 boats participating daily. On Friday, July 9, 
participation increased to 49 boats, with most boats catching the 30-
fish limit early in the day, and total landings for the day were over 
1,100 fish. California Department of Fish and Game (CDFG) staff 
recognized the increased effort and anticipated the quota would be met 
by Saturday but were unable to close the fishery until Monday, July 12, 
1999. The information regarding the attainment of the quota was 
distributed to the commercial fish buyers and fishermen on Saturday 
morning, and a voluntary closure was encouraged by the CDFG. In 
response to CDFG concerns, most fishermen chose to respect the 
voluntary closure; participation dropped from 51 boats on Saturday to 4 
boats on Sunday. As of July 11, 1999, the total landings of chinook 
were 3,144, 644 fish over the quota.
    In order to provide notification to the fishing fleet, the fishery 
was closed at midnight, July 12. In making this decision, the Regional 
Administrator consulted with representatives of the Pacific Fishery 
Management Council and the CDFG. The State of California will manage 
the commercial fishery in state waters adjacent to this area of the 
exclusive economic zone (EEZ) in accordance with this Federal action. 
As provided by the inseason notification procedures of 50 CFR 660.411, 
actual

[[Page 42857]]

notice to fishermen of this action was given prior to 2400 hours l.t., 
July 12, 1999, 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 
close the fishery upon achievement of the quota, NMFS has determined 
that good cause exists for this action to be issued without affording a 
prior opportunity for public comment. This action does not apply to 
other fisheries that may be operating in other areas.

Transfer of Chinook Salmon

    In the 1999 management measures for ocean salmon fisheries (64 FR 
24078, May 5, 1999), NMFS announced that the commercial fishery for all 
salmon except coho, from the U.S.-Canada border to Cape Falcon, Oregon, 
would open May 1 through the earlier of June 15 or attainment of a 
24,000 chinook guideline, and that the commercial fishery for all 
salmon from Cape Flattery (48 deg.23'00'' N. lat.) to Cape Alava 
(48 deg.10'00'' N. lat.) West of 125 deg.05'00'' W. long. and Cape 
Alava to Leadbetter Point, WA, would open July 10 through the earliest 
of September 30 or attainment of the overall chinook quota (preseason 
4,500 chinook guideline) or 20,000 coho quota.
    The May/June commercial fishery for salmon from the U.S.-Canada 
border to Cape Falcon, Oregon, landed 11,116 chinook salmon of the 
24,000 chinook salmon guideline, with 12,884 fish remaining. The 
Regional Administrator consulted with representatives of the Pacific 
Fishery Management Council, Washington Department of Fish and Wildlife, 
and the Oregon Department of Fish and Wildlife to consider transferring 
all, or a portion of, the 12,884 fish remaining from the May/June 
fishery chinook guideline to the July through September season. The 
States of Washington and Oregon have recommended that any amount 
transferred should not result in increased impacts to Endangered 
Species Act (ESA) listed stocks from the level of impacts approved in 
the preseason regulations. Analysis of the transfer indicated that a 
transfer of 2,500 chinook salmon to the later season from Cape Flattery 
to Leadbetter Point, WA, could occur without increasing impacts to ESA-
listed salmon. Therefore, NMFS is transferring 2,500 of the remaining 
12,884 chinook salmon from the May/June commercial fishery to the July 
through September fishery from Cape Flattery to Leadbetter Point, WA, 
making the total guideline for this area for this period 7,000 chinook 
salmon.
    Modification of fishing seasons is authorized by regulations at 50 
CFR 660.409(b)(1)(i). All other restrictions that applied to this 
fishery remained in effect as announced in the annual management 
measures. The State of Washington will manage the commercial fishery in 
state waters adjacent to this area of the EEZ in accordance with this 
Federal action.

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: August 2, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-20349 Filed 8-5-99; 8:45 am]
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