Fishery conservation and management: West Coast States and Western Pacific fisheries— West Coast salmon,

[Federal Register: October 18, 1999 (Volume 64, Number 200)]

[Rules and Regulations]

[Page 56177-56178]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr18oc99-18]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 99040113-913-01; I.D. 090899A]

Fisheries off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; Commercial Inseason Adjustments and Closures from Cape Flattery to Leadbetter Point, WA

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

ACTION: Inseason adjustments; closures; request for comments.

SUMMARY: NMFS announces the following inseason adjustments to the commercial salmon fishery in the area between Cape Flattery (48 deg.23'00'' N. lat.) and Cape Alava (48 deg.10'00'' N. lat.). West of 125 deg.05'00'' W. long. and Cape Alava and Leadbetter Point, WA: Suspension of certain gear restrictions and the 100-coho trip limit for the open period from July 31 to August 3, 1999; closing the entire area to fishing from August 4 through August 14, 1999; reopening the area between Cape Alava and Leadbetter Point, WA, from August 14 through August 17, 1999, with the suspension of certain gear restrictions and the 100-coho trip limit; and closing the entire area to fishing starting August 18, 1999, for the duration of the season, scheduled to close September 30, 1999, due to the attainment of the 7,000-chinook guideline. These actions were necessary to conform to the 1999 management measures and were intended to ensure conservation of chinook salmon.

DATES: Suspension of gear restrictions and the coho trip limit effective 0001 hours local time (l.t.), July 31, 1999, from the area between Cape Flattery and Leadbetter Point, WA; closure effective 0001 hours l.t., August 4, 1999, from the area between Cape Flattery and Leadbetter Point, WA; reopening the area between Cape Alava and Leadbetter Point, WA, effective 0001 hours l.t., August 14, 1999; and closure effective 0001 hours l.t., August 21, 1999 from the area between Cape Flattery and Leadbetter Point, WA through the end of the 1999 fishing season, or until NMFS publishes a further notice in the Federal Register. Comments will be accepted through November 2, 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.

FOR FURTHER INFORMATION CONTACT: William L. Robinson, 206-526-6140. Information relevant to this document is available for public review during business hours at the Office of the Regional Administrator, Northwest Region, NMFS.

SUPPLEMENTARY INFORMATION:

Background

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. 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

[[Page 56178]]

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 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. In a previous inseason adjustment, NMFS transferred 2,500 chinook 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 (64 FR 42856, August 6, 1999).

Salmon Inseason Adjustments

The Regional Administrator consulted with representatives of the Pacific Fishery Management Council (Council), the Washington Department of Fish and Wildlife (WDFW), and the Oregon Department of Fish and Wildlife (ODFW) on July 29, 1999, regarding the suspension of gear restrictions (no more than four spreads per line; gear restricted to plugs 6 inches (15.2 cm) or longer; flashers without hooks may be used if installed below the second spread from the top and will not be counted as a spread; and no more than one flasher per line), and the suspension of the coho trip limit (where each vessel may possess, land and deliver no more than 100 coho per open period) for the open period from July 31 to August 3. The States of Washington and Oregon recommended the suspension of certain restrictions and the coho trip limit because these measures were originally adopted to target chinook and spread the fishing pressure over the entire season. Because the chinook catch rate was very high compared to the coho catch rate, the states recommended suspension of gear restrictions and the coho trip limit, in order to shift effort away from chinook and onto coho salmon. Nevertheless, except for the four spreads per line restriction, all of the regular gear restrictions found in Table 1.C. of the 1999 management measures remained in effect (64 FR 24078, Table 1.C., May 5, 1999). The catch projected on July 27, 1999, was 4,449 chinook out of a 7,000-chinook guideline, and only 514 coho of a 20,000-coho quota. Therefore, NMFS suspended certain gear restrictions and the coho trip limit for the open period from July 31 to August 3, 1999, with the understanding that this change would be evaluated after the open period and then discussed in a meeting on August 5, 1999, to decide whether this inseason adjustment should continue for the remainder of the season.

On August 5, 1999, the Regional Administrator consulted with representatives of the Council, WDFW, and ODFW to discuss the status of catch and whether or not the suspension of the gear restrictions and the coho trip limit should continue. The estimated catch of chinook continued to be higher than expected, with the total catch as of August 5, 1999, at 5,988 chinook, and the total catch of coho at 1,387. Since these numbers did not include some catch information and the estimated catch of chinook was higher than expected, the states recommended that the fishery be suspended for the next open period, August 7-10, 1999, until all of the relevant data were collected and an analysis completed to make an adequate decision for the remaining season. Accordingly, NMFS closed the area to fishing through August 14, 1999.

The Regional Administrator consulted with representatives of the Council, WDFW, and ODFW on August 9, 1999. The relevant sources of catch data were adequately reported, and the analysis estimated the total catch at approximately 6,000 chinook and 1,500 coho. With 1,000 chinook remaining in the guideline of 7,000 fish, all parties were concerned that the past high chinook catch rate would continue and the 7,000-chinook guideline would be exceeded. The states recommended that both the area of fishing be limited to the area between Cape Alava and Leadbetter Point, WA, and the suspension of gear restrictions and the coho trip limit be continued during the next open period. The states determined that a number of factors supported restricting the reopened fishery to the reduced area. These factors were as follows: (1) The highest catch of chinook, 1,300 of the 1,500 landed in the last open period, was in the area between Cape Flattery and Cape Alava. Therefore, closing this area would reduce the number of chinook caught; (2) the suspension of the gear restrictions, designed to help target chinook, allowed fishers to use gear that would target more coho; (3) the historic catch of chinook has decreased towards the later part of the season in this fishery; therefore, the catch rate of chinook was expected to be greatly reduced; and (4) the reports from the troller representatives indicated that the fishers who had larger boats and landed the majority of the chinook were not going to continue to fish for salmon, and had switched gear to pursue the more lucrative tuna fishery offshore. Therefore, NMFS reopened the area between Cape Alava and Leadbetter Point, WA, from August 14 through August 17, 1999, with suspension of gear restrictions and the coho trip limit. The area was closed August 18-20, 1999, under the annual management measures.

On August 19, 1999, the Regional Administrator consulted with representatives of the Council, WDFD, and ODFW to discuss the status of catch and whether or not the fishery should continue. The estimated catch of chinook was higher than expected. The total catch as of August 19, 1999, was 7,224 chinook, exceeding the 7,000-chinook guideline, and the total catch of coho was 4,644. Therefore, NMFS closed the area to fishing for the duration of the season due to attainment of the 7,000- chinook guideline.

The States of Washington and Oregon will manage the commercial fishery in state waters adjacent to this area of the exclusive economic zone in accordance with this Federal action. As provided by the inseason notification procedures of 50 CFR 660.411, actual notification of these actions was given to fishermen prior to the effective dates 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 make inseason adjustments and 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. These actions do not apply to other fisheries that may be operating in other areas.

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: October 6, 1999. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 99-26607Filed10-15-99; 8:45 am]

BILLING CODE 3510-22-F