80 FR 18781 - Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #1 and #2

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 67 (April 8, 2015)

NMFS announces two inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial salmon fisheries in the area from the Cape Falcon, OR, to Point Arena, CA.

[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Rules and Regulations]
[Pages 18781-18782]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08054]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140107014-4014-01]
RIN 0648-XD868


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Actions #1 and #2

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

ACTION: Modification of fishing seasons; request for comments.

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SUMMARY: NMFS announces two inseason actions in the ocean salmon 
fisheries. These inseason actions modified the commercial salmon 
fisheries in the area from the Cape Falcon, OR, to Point Arena, CA.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions. Comments will be accepted 
through April 23, 2015.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0005, 
by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0005, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: William W. Stelle, Jr., Regional Administrator, West 
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-6349
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

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

SUPPLEMENTARY INFORMATION:

Background

    In the 2014 annual management measures for ocean salmon fisheries 
(79 FR 24580, May 1, 2014), NMFS announced the commercial and 
recreational fisheries in the area from the U.S./Canada border to the 
U.S./Mexico border, beginning May 1, 2014, and 2015 salmon seasons 
opening earlier than May 1, 2015. NMFS is authorized to implement 
inseason management actions to modify fishing seasons and quotas as 
necessary to provide fishing opportunity while meeting management 
objectives for the affected species (50 CFR 660.409). Inseason actions 
in the salmon fishery may be taken directly by NMFS (50 CFR

[[Page 18782]]

660.409(a)--Fixed inseason management provisions) or upon consultation 
with the Pacific Fishery Management Council (Council) and the 
appropriate State Directors (50 CFR 660.409(b)--Flexible inseason 
management provisions). The state management agencies that participate 
in these consultations are: California Department of Fish and Wildlife 
(CDFW), Oregon Department of Fish and Wildlife (ODFW), and Washington 
Department of Fish and Wildlife (WDFW).
    Management of the salmon fisheries is generally divided into two 
geographic areas: North of Cape Falcon (U.S./Canada border to Cape 
Falcon, OR) and south of Cape Falcon (Cape Falcon, OR, to the U.S./
Mexico border). The inseason actions reported in this document affect 
fisheries south of Cape Falcon. Within the south of Cape Falcon area, 
the Klamath Management Zone (KMZ) extends from Humbug Mountain, OR, to 
Humboldt South Jetty, CA, and is divided at the Oregon/California 
border into the Oregon KMZ to the north and California KMZ to the 
south. All times mentioned refer to Pacific daylight time.

Inseason Actions

Inseason Action #1

    Description of action: Inseason action #1 modified the dates for 
the pre-May 2015 commercial salmon fishery from Cape Falcon, OR, to 
Humbug Mountain, OR (Newport/Tillamook and Coos Bay subareas) and from 
Humbug Mountain, OR, to the Oregon/California border (Oregon KMZ). 
These fisheries opened on April 1, 2015 rather than March 15, 2015, as 
previously scheduled (79 FR 24580).
    Effective dates: Inseason action #1 took effect on March 15, 2015, 
and remains in effect through April 30, 2015.
    Reason and authorization for the action: This action was taken to 
limit fishery impacts on age-4 Klamath River fall Chinook salmon 
(KRFC), the surrogate for managing impacts on California coastal 
Chinook salmon, which are listed as threatened under the Endangered 
Species Act (ESA). Inseason action to modify quotas and/or fishing 
seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#1 occurred at the Council meeting on March 11, 2015. The state of 
Oregon recommended the Council adopt this action for recommendation to 
NMFS.

Inseason Action #2

    Description of action: Inseason action #2 cancelled the pre-May 
2015 commercial salmon fishery from Horse Mountain, CA, to Point Arena, 
CA (Fort Bragg subarea), previously scheduled to open on April 16, 2015 
(79 FR 24580).
    Effective dates: Inseason action #2 takes effect on April 16, 2015, 
and remains in effect until April 30, 2015.
    Reason and authorization for the action: This action was taken to 
limit fishery impacts on age-4 Klamath River fall Chinook salmon 
(KRFC), the surrogate for managing impacts on California coastal 
Chinook salmon, which are listed as threatened under the Endangered 
Species Act (ESA). Inseason action to modify quotas and/or fishing 
seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#2 occurred at the Council meeting on March 11, 2015. The state of 
California recommended the Council adopt this action for recommendation 
to NMFS.
    All other restrictions and regulations remain in effect as 
announced for the 2014 ocean salmon fisheries and 2015 fisheries 
opening prior to May 1, 2015 (79 FR 24580, May 1, 2014).
    The RA determined that the best available information indicated 
that Chinook salmon abundance forecasts and estimates of fishery 
impacts supported the above inseason actions recommended by the states 
of Oregon and California. 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 time the action was 
effective, 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.

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 (79 FR 24580, May 1, 2014), the West Coast 
Salmon Fishery Management Plan (Salmon FMP), and regulations 
implementing the Salmon FMP, 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 Chinook salmon 
abundance forecasts and catch and effort projections were developed and 
fisheries impacts were calculated, and the time the fishery 
modifications had to be implemented in order to ensure that fisheries 
are managed based on the best available scientific information, 
ensuring that conservation objectives and ESA consultation standards 
are not exceeded. The AA also finds good cause to waive the 30-day 
delay in effectiveness required under 5 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 FMP 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: April 3, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-08054 Filed 4-7-15; 8:45 am]
 BILLING CODE 3510-22-P