80 FR 39716 - Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #7 Through #13
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 132 (July 10, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 132 (July 10, 2015)
| Page Range | 39716-39718 | |
| FR Document | 2015-16829 |
[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)] [Rules and Regulations] [Pages 39716-39718] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16829] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 150316270-5270-01] RIN 0648-XE020 Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #7 Through #13 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of fishing seasons; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS announces seven 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 the U.S./Mexico border. 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 27, 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 fisheries north and 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 #7 Description of action: Inseason action #7 reopened the commercial salmon fishery from Leadbetter Point, WA, to Cape Falcon, OR, on June 5, 2015; Friday through Tuesday, with a landing and possession limit of 40 Chinook salmon per vessel per open period. Inseason action #7 superseded inseason action #6 (80 FR 36725, June 26, 2015), which temporarily closed this fishery on May 29, 2015. Effective dates: Inseason action #7 took effect on June 5, 2015, and remained in effect until superseded by inseason action #8 on June 19, 2015. Reason and authorization for the action: After consideration of Chinook salmon landings to date and fishery effort, the Regional Administrator (RA) determined that sufficient quota remained to reopen this fishery with a 5-day open period and a landing and possession limit of 40 Chinook salmon per vessel per opening, to avoid exceeding the quota. This action was taken to allow access to available Chinook salmon 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 #7 occurred on June 4, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW. Inseason Action #8 Description of action: Inseason action #8 adjusted the landing and possession limit in the commercial salmon fishery from Leadbetter Point, WA, to Cape Falcon, OR, from 40 Chinook salmon per vessel per open period (see inseason action #7) to 80 Chinook salmon per vessel per open period. Inseason action #8 superseded inseason action #7. Effective dates: Inseason action #8 took effect on June 19, 2015, and remained in effect until superseded by inseason action #12 on June 26, 2015. Reason and authorization for the action: The states provided information that poor weather conditions had restricted fishing opportunities in the affected area. After consideration of Chinook salmon landings to date and fishery effort, the RA determined that sufficient quota remained to increase the landing and possession limit 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 #8 occurred on June 18, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW. [[Page 39717]] Inseason Action #9 Description of action: Inseason action #9 extended retention of Pacific halibut caught incidental to commercial salmon fishing (U.S./ Canada border to U.S./Mexico border) beyond the June 30, 2015 deadline announced preseason. Pacific halibut retention will continue without any changes to landing and possession requirements until further notice. Effective dates: Inseason action #9 took effect on July 1, 2015, and remains in effect until superseded by inseason action. Reason and authorization for the action: The International Pacific Halibut Commission (IPHC) establishes an annual allocation of Pacific halibut that can be retained when caught incidental to commercial salmon fishing by fishers who possess the necessary IPHC license. The annual ocean salmon management measures (80 FR 25611, May 5, 2015) authorized halibut retention only during April, May, and June of the 2015 troll seasons and after June 30 in 2015 if quota remains. The RA considered Pacific halibut and Chinook salmon landings to date, and fishery effort, and determined that sufficient halibut allocation remained to allow retention to continue for the foreseeable future. Consultation date and participants: Consultation on inseason action #9 occurred on June 25, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW. Inseason Action #10 Description of action: Inseason action #10 modified the commercial salmon fishery from the U.S./Canada border to Cape Alava, WA. Inseason action #10 set a 2-day opening for this fishery, June 26-27, 2015, with a landing and possession limit of 12 Chinook salmon per vessel for the opening. This superseded the 5-day opening and 20 Chinook landing and possession limit established by inseason action #4 (80 FR 36725, June 26, 2015). Effective dates: Inseason action #10 took effect on June 26, 2015, and remained in effect through the end of the spring salmon season, June 30, 2015. Reason and authorization for the action: After consideration of Chinook salmon landings to date and fishery effort, the RA determined that insufficient quota remained to continue this fishery under the schedule and landing limits set by inseason action #4. Therefore, the fishery was restricted to a 2-day opening with a reduced landing and possession limit. This action was taken to allow access to available Chinook salmon 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 #10 occurred on June 25, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW. Inseason Action #11 Description of action: Inseason action #11 closed the commercial salmon fishery from Queets River to Leadbetter point at 11:59 p.m., June 25, 2015. Effective dates: Inseason action #11 took effect on June 25, 2015, and remained in effect through the end of the spring salmon season, June 30, 2015. Reason and authorization for the action: After consideration of Chinook salmon landings to date and fishery effort, the RA determined that insufficient quota remained to continue this fishery under the schedule set preseason and that the fishery was likely to exceed the quota if allowed to remain open. This action was taken to avoid 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 #11 occurred on June 25, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW. Inseason Action #12 Description of action: Inseason action #12 closed the commercial salmon fishery from Leadbetter Point, WA, to Cape Falcon, OR, by cancelling the 5-day opening scheduled to begin Friday, June 26, 2015, superseding inseason action #8. Effective dates: Inseason action #12 took effect on June 26, 2015, and remained in effect through the end of the spring salmon season, June 30, 2015. Reason and authorization for the action: After consideration of Chinook salmon landings to date and fishery effort, the RA determined that insufficient quota remained to continue this fishery under the schedule and landing limits set by inseason action #8 and cancelled the opening that was scheduled to begin June 26, 2015. This action was taken to avoid 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 #12 occurred on June 25, 2015. Participants in this consultation were staff from NMFS, Council, WDFW, and ODFW. Inseason Action #13 Description of action: Inseason action #13 modified the commercial salmon fishery from Humbug Mountain, OR, to the OR/CA border (Oregon KMZ) in June and July. Inseason action #13 closed the fishery at 11:59 p.m., June 26, 2015; reopened the fishery July 1-2, 2015 with a landing and possession limit of 15 Chinook salmon per vessel per day; closed the fishery July 3-4, 2015; and reopened the fishery daily, beginning July 5, 2015 with a landing and possession limit of 25 Chinook salmon per vessel per day. Effective dates: Inseason action #13 took effect on June 26, 2015, and remains in effect until superseded by inseason action or the end of the July fishery, on July 31, 2015. Reason and authorization for the action: The commercial salmon fishery in the Oregon KMZ operates under monthly quotas for Chinook salmon in June, July, and August. After consideration of Chinook salmon landings to date and fishery effort, the RA determined that insufficient quota remained to continue fishing in June and that modifying the July opening would allow access to available Chinook salmon 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 #13 occurred on June 25, 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 and Pacific halibut 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. [[Page 39718]] 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: July 6, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-16829 Filed 7-9-15; 8:45 am] BILLING CODE 3510-22-P
![39716 Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations
30-day delay in the effectiveness of this without change. All personal identifying Friday through Tuesday, with a landing
action under 5 U.S.C. 553(d)(3). information (e.g., name, address, etc.), and possession limit of 40 Chinook
Authority: 16 U.S.C. 1801 et seq. confidential business information, or salmon per vessel per open period.
otherwise sensitive information Inseason action #7 superseded inseason
Dated: July 6, 2015. submitted voluntarily by the sender will action #6 (80 FR 36725, June 26, 2015),
Emily H. Menashes, be publicly accessible. NMFS will which temporarily closed this fishery on
Acting Director, Office of Sustainable accept anonymous comments (enter ‘‘N/ May 29, 2015.
Fisheries, National Marine Fisheries Service. A’’ in the required fields if you wish to Effective dates: Inseason action #7
[FR Doc. 2015–16863 Filed 7–7–15; 4:15 pm] remain anonymous). took effect on June 5, 2015, and
BILLING CODE 3510–22–P FOR FURTHER INFORMATION CONTACT: remained in effect until superseded by
Peggy Mundy at 206–526–4323. inseason action #8 on June 19, 2015.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE Reason and authorization for the
Background action: After consideration of Chinook
National Oceanic and Atmospheric salmon landings to date and fishery
In the 2015 annual management
Administration effort, the Regional Administrator (RA)
measures for ocean salmon fisheries (80
FR 25611, May 5, 2015), NMFS determined that sufficient quota
50 CFR Part 660 remained to reopen this fishery with a
announced the commercial and
[Docket No. 150316270–5270–01] recreational fisheries in the area from 5-day open period and a landing and
the U.S./Canada border to the U.S./ possession limit of 40 Chinook salmon
RIN 0648–XE020 per vessel per opening, to avoid
Mexico border, beginning May 1, 2015,
and 2016 salmon seasons opening exceeding the quota. This action was
Fisheries Off West Coast States; taken to allow access to available
Modifications of the West Coast earlier than May 1, 2016. NMFS is
authorized to implement inseason Chinook salmon quota, without
Commercial Salmon Fisheries; exceeding the quota that was set
Inseason Actions #7 Through #13 management actions to modify fishing
seasons and quotas as necessary to preseason. Inseason action to modify
AGENCY: National Marine Fisheries provide fishing opportunity while quotas and/or fishing seasons is
Service (NMFS), National Oceanic and meeting management objectives for the authorized by 50 CFR 660.409(b)(1)(i).
Atmospheric Administration (NOAA), affected species (50 CFR 660.409). Consultation date and participants:
Commerce. Inseason actions in the salmon fishery Consultation on inseason action #7
ACTION: Modification of fishing seasons; may be taken directly by NMFS (50 CFR occurred on June 4, 2015. Participants
request for comments. 660.409(a)—Fixed inseason in this consultation were staff from
management provisions) or upon NMFS, Council, WDFW, and ODFW.
SUMMARY: NMFS announces seven consultation with the Pacific Fishery
inseason actions in the ocean salmon Inseason Action #8
Management Council (Council) and the
fisheries. These inseason actions appropriate State Directors (50 CFR
modified the commercial salmon Description of action: Inseason action
660.409(b)—Flexible inseason #8 adjusted the landing and possession
fisheries in the area from the U.S./ management provisions). The state
Canada border to the U.S./Mexico limit in the commercial salmon fishery
management agencies that participated from Leadbetter Point, WA, to Cape
border. in the consultations described in this Falcon, OR, from 40 Chinook salmon
DATES: The effective dates for the document were: Oregon Department of per vessel per open period (see inseason
inseason actions are set out in this Fish and Wildlife (ODFW) and action #7) to 80 Chinook salmon per
document under the heading Inseason Washington Department of Fish and vessel per open period. Inseason action
Actions. Comments will be accepted Wildlife (WDFW). #8 superseded inseason action #7.
through July 27, 2015. Management of the salmon fisheries is
generally divided into two geographic Effective dates: Inseason action #8
ADDRESSES: You may submit comments, took effect on June 19, 2015, and
identified by NOAA–NMFS–2015–0001, areas: North of Cape Falcon (U.S./
Canada border to Cape Falcon, OR) and remained in effect until superseded by
by any one of the following methods: inseason action #12 on June 26, 2015.
• Electronic Submissions: Submit all south of Cape Falcon (Cape Falcon, OR,
electronic public comments via the to the U.S./Mexico border). The Reason and authorization for the
Federal eRulemaking Portal. Go to inseason actions reported in this action: The states provided information
www.regulations.gov/ document affect fisheries north and that poor weather conditions had
#!docketDetail;D=NOAA-NMFS-2015- south of Cape Falcon. Within the south restricted fishing opportunities in the
0001, click the ‘‘Comment Now!’’ icon, of Cape Falcon area, the Klamath affected area. After consideration of
complete the required fields, and enter Management Zone (KMZ) extends from Chinook salmon landings to date and
or attach your comments. Humbug Mountain, OR, to Humboldt fishery effort, the RA determined that
• Mail: William W. Stelle, Jr., South Jetty, CA, and is divided at the sufficient quota remained to increase
Regional Administrator, West Coast Oregon/California border into the the landing and possession limit to
Region, NMFS, 7600 Sand Point Way Oregon KMZ to the north and California allow access to the remaining quota
NE., Seattle, WA 98115–6349. KMZ to the south. All times mentioned without exceeding the quota that was
Instructions: Comments sent by any refer to Pacific daylight time. set preseason. Inseason action to modify
mstockstill on DSK4VPTVN1PROD with RULES
other method, to any other address or quotas and/or fishing seasons is
Inseason Actions
individual, or received after the end of authorized by 50 CFR 660.409(b)(1)(i).
the comment period, may not be Inseason Action #7 Consultation date and participants:
considered by NMFS. All comments Description of action: Inseason action Consultation on inseason action #8
received are a part of the public record #7 reopened the commercial salmon occurred on June 18, 2015. Participants
and will generally be posted for public fishery from Leadbetter Point, WA, to in this consultation were staff from
viewing on www.regulations.gov Cape Falcon, OR, on June 5, 2015; NMFS, Council, WDFW, and ODFW.
VerDate Sep<11>2014 16:28 Jul 09, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\10JYR1.SGM 10JYR1](https://thefederalregister.org/doc/80_FR_39848/page/1.svg)
![39718 Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations
Classification FMP, 50 CFR 660.409 and 660.411. Prior effectiveness required under 5 U.S.C.
The Assistant Administrator for notice and opportunity for public 553(d)(3), as a delay in effectiveness of
Fisheries, NOAA (AA), finds that good comment was impracticable because these actions would allow fishing at
cause exists for this notification to be NMFS and the state agencies had levels inconsistent with the goals of the
issued without affording prior notice insufficient time to provide for prior Salmon FMP and the current
and opportunity for public comment notice and the opportunity for public management measures.
under 5 U.S.C. 553(b)(B) because such comment between the time Chinook These actions are authorized by 50
notification would be impracticable. As salmon catch and effort assessments and CFR 660.409 and 660.411 and are
previously noted, actual notice of the projections were developed and exempt from review under Executive
regulatory actions was provided to fisheries impacts were calculated, and Order 12866.
fishers through telephone hotline and the time the fishery modifications had
Authority: 16 U.S.C. 1801 et seq.
radio notification. These actions comply to be implemented in order to ensure
with the requirements of the annual that fisheries are managed based on the Dated: July 6, 2015.
management measures for ocean salmon best available scientific information, Emily H. Menashes,
fisheries (80 FR 25611, May 5, 2015), ensuring that conservation objectives Acting Director, Office of Sustainable
the West Coast Salmon Fishery and ESA consultation standards are not Fisheries, National Marine Fisheries Service.
Management Plan (Salmon FMP), and exceeded. The AA also finds good cause [FR Doc. 2015–16829 Filed 7–9–15; 8:45 am]
regulations implementing the Salmon to waive the 30-day delay in BILLING CODE 3510–22–P
mstockstill on DSK4VPTVN1PROD with RULES
VerDate Sep<11>2014 16:28 Jul 09, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4700 Sfmt 9990 E:\FR\FM\10JYR1.SGM 10JYR1](https://thefederalregister.org/doc/80_FR_39848/page/3.svg)
Document Created: 2018-02-23 09:15:15
Document Modified: 2018-02-23 09:15:15
| 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 27, 2015. | |
| Contact | Peggy Mundy at 206-526-4323. | |
| FR Citation | 80 FR 39716 | |
| RIN Number | 0648-XE02 |
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