80 FR 36725 - Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #3, #4, #5, and #6
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 123 (June 26, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 123 (June 26, 2015)
| Page Range | 36725-36726 | |
| FR Document | 2015-15738 |
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)] [Rules and Regulations] [Pages 36725-36726] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15738] [[Page 36725]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 150316270-5270-01] RIN 0648-XD976 Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #3, #4, #5, and #6 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of fishing seasons; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS announces four inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial salmon fisheries in the area from the U.S./Canada border to Cape Falcon, OR. DATES: The effective dates for the inseason actions are set out in this document under the heading Inseason Actions. Comments will be accepted through July 13, 2015. ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0001, 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-2015-0001, 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 2015 annual management measures for ocean salmon fisheries (80 FR 25611, May 5, 2015), 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, 2015, and 2016 salmon seasons opening earlier than May 1, 2016. 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 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 participated in the consultations described in this document were: 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 commercial salmon fisheries north of Cape Falcon. All times mentioned refer to Pacific daylight time. Inseason Actions Inseason Action #3 Description of action: Inseason action #3 closed the commercial salmon fishery from U.S./Canada border to Queets River, WA, at 11:59 a.m., noon, May 16, 2015. Effective dates: Inseason action #3 took effect on May 16, 2015, and remained in effect until superseded by inseason action #4 on May 22, 2015. Reason and authorization for the action: The annual management measures (80 FR 25611) established a May/June quota in the commercial salmon fishery between the U.S./Canada border and the Queets River of 9,000 Chinook salmon. The annual management measures also provided guidance that inseason action should be taken to modify the open period and landing limits when 6,750 Chinook salmon had been landed in this area. After consideration of Chinook salmon landings to date and fishery effort, the Regional Administrator (RA) determined that the fishery had likely attained the 6,750 Chinook salmon benchmark, and that this fishery would close on May 16, 2015. This closure allowed the state managers to account for catch that had not yet been landed at the time of the consultation. This action was taken to prevent exceeding the Chinook salmon quota set preseason. 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 #3 occurred on May 15, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW. Inseason Action #4 Description of action: Inseason action #4 reopened the commercial salmon fishery from U.S./Canada border to Cape Alava, WA, at 12:01 a.m., May 22, 2015 with 5-day openings, Friday through Tuesday, and a landing limit of 15 Chinook salmon per vessel per open period. The Cape Flattery control zone remains closed. All fishers intending to fish north of Cape Alava (Washington state marine Area 4) must declare that intention before fishing by first notifying WDFW at 360-902-2739 with boat name and approximate time they intend to fish in Area 4 and destination at the end of the trip. All fish from Area 4 must be landed before fishing any other area. No fish from other areas may be in possession with fish from Area 4. Effective dates: Inseason action #4 took effect on May 22, 2015, and remained in effect until superseded by inseason action #5 on May 29, 2015. Reason and authorization for the action: Following the closure implemented by inseason action #3, the states estimated that 1,617 Chinook salmon remained of the 9,000 Chinook salmon subarea quota. Inseason action was taken to allow access to the remaining quota without exceeding the quota that was set preseason. 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 #4 occurred on May 20, 2015. Participants in this consultation were staff from NMFS, WDFW, and ODFW. Council staff did not participate in the consultation, but were immediately advised of the decision. Inseason Action #5 Description of action: Inseason action #5 modified the landing limit in the commercial salmon fishery from U.S./Canada border to Cape Alava, WA, from 15 Chinook salmon per vessel per open [[Page 36726]] period to 20 Chinook salmon per vessel per open period. Effective dates: Inseason action #5 took effect on May 29, 2015, and remains in effect until superseded by inseason action or the end of the May/June fishing season, June 30, 2015. Reason and authorization for the action: The RA considered Chinook salmon landings to date and fishery effort and determined that increasing the landing limit would allow fishers access to remaining quota without risk of exceeding the quota set preseason. Consultation date and participants: Consultation on inseason action #5 occurred on May 28, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW. Inseason Action #6 Description of action: Inseason action #6 closed the commercial salmon fishery from Leadbetter Point, WA, to Cape Falcon, OR, at 11:59 p.m. (midnight), May 29, 2015. Effective dates: Inseason action #6 took effect on May 29, 2015, and remains in effect until superseded by inseason action or the end of the May/June fishing season, June 30, 2015. Reason and authorization for the action: The annual management measures (80 FR 25611) established a May/June quota in the commercial salmon fishery between Leadbetter Point, WA, and Cape Falcon, OR, of 15,000 Chinook salmon. The annual management measures also provided guidance that inseason action should be taken to modify the open period and landing limits when 11,250 Chinook salmon had been landed in this area. After consideration of Chinook salmon landings to date and fishery effort, the Regional Administrator (RA) determined that the fishery was close to attaining the 11,250 Chinook salmon benchmark, and that this area would close on May 29, 2015. This closure allowed the state managers to account for catch that had not yet been landed at the time of the consultation. This action was taken to prevent exceeding the Chinook salmon quota set preseason. 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 #6 occurred on May 28, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW. All other restrictions and regulations remain in effect as announced for the 2015 ocean salmon fisheries and 2016 fisheries opening prior to May 1, 2016 (80 FR 25611, May 5, 2015). The RA determined that the best available information indicated that Chinook salmon catch to date and fishery effort supported the above inseason actions recommended by the states of Washington and Oregon. 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 (80 FR 25611, May 5, 2015), 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 catch and effort assessments and 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: June 23, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-15738 Filed 6-25-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations 36725
DEPARTMENT OF COMMERCE Background determined that the fishery had likely
In the 2015 annual management attained the 6,750 Chinook salmon
National Oceanic and Atmospheric measures for ocean salmon fisheries (80 benchmark, and that this fishery would
Administration FR 25611, May 5, 2015), NMFS close on May 16, 2015. This closure
announced the commercial and allowed the state managers to account
50 CFR Part 660 recreational fisheries in the area from for catch that had not yet been landed
the U.S./Canada border to the U.S./ at the time of the consultation. This
[Docket No. 150316270–5270–01]
Mexico border, beginning May 1, 2015, action was taken to prevent exceeding
RIN 0648–XD976 and 2016 salmon seasons opening the Chinook salmon quota set
earlier than May 1, 2016. NMFS is preseason. Inseason action to modify
Fisheries Off West Coast States; authorized to implement inseason quotas and/or fishing seasons is
Modifications of the West Coast management actions to modify fishing authorized by 50 CFR 660.409(b)(1)(i).
Commercial Salmon Fisheries; seasons and quotas as necessary to Consultation date and participants:
Inseason Actions #3, #4, #5, and #6 provide fishing opportunity while Consultation on inseason action #3
meeting management objectives for the occurred on May 15, 2015. Participants
AGENCY: National Marine Fisheries in this consultation were staff from
Service (NMFS), National Oceanic and affected species (50 CFR 660.409).
Inseason actions in the salmon fishery NMFS, Council, WDFW, and ODFW.
Atmospheric Administration (NOAA),
Commerce. may be taken directly by NMFS (50 CFR Inseason Action #4
660.409(a)—Fixed inseason
ACTION: Modification of fishing seasons; Description of action: Inseason action
management provisions) or upon
request for comments. #4 reopened the commercial salmon
consultation with the Pacific Fishery
fishery from U.S./Canada border to Cape
SUMMARY: NMFS announces four Management Council (Council) and the
Alava, WA, at 12:01 a.m., May 22, 2015
inseason actions in the ocean salmon appropriate State Directors (50 CFR
with 5-day openings, Friday through
fisheries. These inseason actions 660.409(b)—Flexible inseason
Tuesday, and a landing limit of 15
modified the commercial salmon management provisions). The state
Chinook salmon per vessel per open
fisheries in the area from the U.S./ management agencies that participated
period. The Cape Flattery control zone
Canada border to Cape Falcon, OR. in the consultations described in this
remains closed. All fishers intending to
DATES: The effective dates for the
document were: Oregon Department of
fish north of Cape Alava (Washington
inseason actions are set out in this Fish and Wildlife (ODFW) and
state marine Area 4) must declare that
document under the heading Inseason Washington Department of Fish and
intention before fishing by first
Actions. Comments will be accepted Wildlife (WDFW).
Management of the salmon fisheries is notifying WDFW at 360–902–2739 with
through July 13, 2015. boat name and approximate time they
generally divided into two geographic
ADDRESSES: You may submit comments, areas: north of Cape Falcon (U.S./ intend to fish in Area 4 and destination
identified by NOAA–NMFS–2015–0001, Canada border to Cape Falcon, OR) and at the end of the trip. All fish from Area
by any one of the following methods: south of Cape Falcon (Cape Falcon, OR, 4 must be landed before fishing any
• Electronic Submissions: Submit all to the U.S./Mexico border). The other area. No fish from other areas may
electronic public comments via the inseason actions reported in this be in possession with fish from Area 4.
Federal eRulemaking Portal. Go to Effective dates: Inseason action #4
document affect commercial salmon
www.regulations.gov/ took effect on May 22, 2015, and
fisheries north of Cape Falcon. All times
#!docketDetail;D=NOAA-NMFS-2015- remained in effect until superseded by
mentioned refer to Pacific daylight time.
0001, click the ‘‘Comment Now!’’ icon, inseason action #5 on May 29, 2015.
complete the required fields, and enter Inseason Actions Reason and authorization for the
or attach your comments. action: Following the closure
Inseason Action #3 implemented by inseason action #3, the
• Mail: William W. Stelle, Jr.,
Regional Administrator, West Coast Description of action: Inseason action states estimated that 1,617 Chinook
Region, NMFS, 7600 Sand Point Way #3 closed the commercial salmon salmon remained of the 9,000 Chinook
NE., Seattle, WA, 98115–6349 fishery from U.S./Canada border to salmon subarea quota. Inseason action
Instructions: Comments sent by any Queets River, WA, at 11:59 a.m., noon, was taken to allow access to the
other method, to any other address or May 16, 2015. remaining quota without exceeding the
Effective dates: Inseason action #3 quota that was set preseason. Inseason
individual, or received after the end of
took effect on May 16, 2015, and action to modify quotas and/or fishing
the comment period, may not be
remained in effect until superseded by seasons is authorized by 50 CFR
considered by NMFS. All comments
inseason action #4 on May 22, 2015. 660.409(b)(1)(i).
received are a part of the public record Reason and authorization for the
and will generally be posted for public Consultation date and participants:
action: The annual management Consultation on inseason action #4
viewing on www.regulations.gov measures (80 FR 25611) established a
without change. All personal identifying occurred on May 20, 2015. Participants
May/June quota in the commercial in this consultation were staff from
information (e.g., name, address, etc.), salmon fishery between the U.S./Canada
confidential business information, or NMFS, WDFW, and ODFW. Council
border and the Queets River of 9,000 staff did not participate in the
otherwise sensitive information Chinook salmon. The annual
submitted voluntarily by the sender will consultation, but were immediately
management measures also provided
wreier-aviles on DSK5TPTVN1PROD with RULES
be publicly accessible. NMFS will advised of the decision.
guidance that inseason action should be
accept anonymous comments (enter taken to modify the open period and Inseason Action #5
‘‘N/A’’ in the required fields if you wish landing limits when 6,750 Chinook Description of action: Inseason action
to remain anonymous). salmon had been landed in this area. #5 modified the landing limit in the
FOR FURTHER INFORMATION CONTACT: After consideration of Chinook salmon commercial salmon fishery from U.S./
Peggy Mundy at 206–526–4323. landings to date and fishery effort, the Canada border to Cape Alava, WA, from
SUPPLEMENTARY INFORMATION: Regional Administrator (RA) 15 Chinook salmon per vessel per open
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![36726 Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations
period to 20 Chinook salmon per vessel benchmark, and that this area would notification would be impracticable. As
per open period. close on May 29, 2015. This closure previously noted, actual notice of the
Effective dates: Inseason action #5 allowed the state managers to account regulatory actions was provided to
took effect on May 29, 2015, and for catch that had not yet been landed fishers through telephone hotline and
remains in effect until superseded by at the time of the consultation. This radio notification. These actions comply
inseason action or the end of the May/ action was taken to prevent exceeding with the requirements of the annual
June fishing season, June 30, 2015. the Chinook salmon quota set management measures for ocean salmon
Reason and authorization for the preseason. Inseason action to modify fisheries (80 FR 25611, May 5, 2015),
action: The RA considered Chinook quotas and/or fishing seasons is the West Coast Salmon Fishery
salmon landings to date and fishery authorized by 50 CFR 660.409(b)(1)(i). Management Plan (Salmon FMP), and
effort and determined that increasing Consultation date and participants: regulations implementing the Salmon
the landing limit would allow fishers Consultation on inseason action #6 FMP, 50 CFR 660.409 and 660.411. Prior
access to remaining quota without risk occurred on May 28, 2015. Participants notice and opportunity for public
of exceeding the quota set preseason. in this consultation were staff from comment was impracticable because
Consultation date and participants: NMFS, Council, WDFW, and ODFW. NMFS and the state agencies had
Consultation on inseason action #5 insufficient time to provide for prior
All other restrictions and regulations
occurred on May 28, 2015. Participants notice and the opportunity for public
remain in effect as announced for the
in this consultation were staff from comment between the time Chinook
2015 ocean salmon fisheries and 2016
NMFS, Council, WDFW, and ODFW. salmon catch and effort assessments and
fisheries opening prior to May 1, 2016
Inseason Action #6 (80 FR 25611, May 5, 2015). projections were developed and
Description of action: Inseason action The RA determined that the best fisheries impacts were calculated, and
#6 closed the commercial salmon available information indicated that the time the fishery modifications had
fishery from Leadbetter Point, WA, to Chinook salmon catch to date and to be implemented in order to ensure
Cape Falcon, OR, at 11:59 p.m. fishery effort supported the above that fisheries are managed based on the
(midnight), May 29, 2015. inseason actions recommended by the best available scientific information,
Effective dates: Inseason action #6 states of Washington and Oregon. The ensuring that conservation objectives
took effect on May 29, 2015, and states manage the fisheries in state and ESA consultation standards are not
remains in effect until superseded by waters adjacent to the areas of the U.S. exceeded. The AA also finds good cause
inseason action or the end of the May/ exclusive economic zone in accordance to waive the 30-day delay in
June fishing season, June 30, 2015. with these Federal actions. As provided effectiveness required under 5 U.S.C.
Reason and authorization for the by the inseason notice procedures of 50 553(d)(3), as a delay in effectiveness of
action: The annual management CFR 660.411, actual notice of the these actions would allow fishing at
measures (80 FR 25611) established a described regulatory actions was given, levels inconsistent with the goals of the
May/June quota in the commercial prior to the time the action was Salmon FMP and the current
salmon fishery between Leadbetter effective, by telephone hotline numbers management measures.
Point, WA, and Cape Falcon, OR, of 206–526–6667 and 800–662–9825, and These actions are authorized by 50
15,000 Chinook salmon. The annual by U.S. Coast Guard Notice to Mariners CFR 660.409 and 660.411 and are
management measures also provided broadcasts on Channel 16 VHF–FM and exempt from review under Executive
guidance that inseason action should be 2182 kHz. Order 12866.
taken to modify the open period and Authority: 16 U.S.C. 1801 et seq.
Classification
landing limits when 11,250 Chinook
salmon had been landed in this area. The Assistant Administrator for Dated: June 23, 2015.
After consideration of Chinook salmon Fisheries, NOAA (AA), finds that good Jennifer M. Wallace,
landings to date and fishery effort, the cause exists for this notification to be Acting Director, Office of Sustainable
Regional Administrator (RA) issued without affording prior notice Fisheries, National Marine Fisheries Service.
determined that the fishery was close to and opportunity for public comment [FR Doc. 2015–15738 Filed 6–25–15; 8:45 am]
attaining the 11,250 Chinook salmon under 5 U.S.C. 553(b)(B) because such BILLING CODE 3510–22–P
wreier-aviles on DSK5TPTVN1PROD with RULES
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Document Created: 2015-12-15 14:14:54
Document Modified: 2015-12-15 14:14:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Modification of fishing seasons; request for comments. | |
| Dates | The effective dates for the inseason actions are set out in this document under the heading Inseason Actions. Comments will be accepted through July 13, 2015. | |
| Contact | Peggy Mundy at 206-526-4323. | |
| FR Citation | 80 FR 36725 | |
| RIN Number | 0648-XD97 |
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