80 FR 43336 - Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #14 and #15

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 140 (July 22, 2015)

NMFS announces two 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 Oregon/ California border.

[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Rules and Regulations]
[Pages 43336-43337]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17969]



[[Page 43336]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150316270-5270-01]
RIN 0648-XE054


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Actions #14 and #15

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 U.S./Canada border to the Oregon/
California 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 August 6, 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 fisheries 
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 #14

    Description of action: Inseason action #14 adjusted the July quota 
for the commercial salmon fishery in the Oregon KMZ. Unutilized quota 
from June was rolled over on an impact-neutral basis to July. The 
adjusted July quota is 1,184 Chinook salmon.
    Effective dates: Inseason action #14 took effect on July 1, 2015, 
and remains in effect until the end of the season.
    Reason and authorization for the action: The commercial salmon 
fishery in the Oregon KMZ had a June quota of 1,800 Chinook salmon. The 
State of Oregon reported that 1,528 Chinook salmon were landed in June, 
leaving quota of 272 Chinook salmon unutilized. To address temporal 
differences in impacts to Klamath River fall and California coastal 
Chinook salmon stocks, the Council's Salmon Technical Team (STT) 
calculated the impact-neutral rollover of 272 Chinook salmon from June 
to July. As a result, 184 Chinook salmon were added to the July quota 
of 1,000 Chinook, for an adjusted quota of 1,184 Chinook salmon. After 
consideration of Chinook salmon landings to date and the STT's 
calculations, the Regional Administrator (RA) determined that it was 
appropriate to adjust the July quota for the commercial salmon fishery 
in the Oregon KMZ. This action was taken to allow access to available 
Chinook salmon quota, without exceeding conservation impacts to Klamath 
River fall and California coastal Chinook salmon stocks. 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 
#14 occurred on July 9, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #15

    Description of action: Inseason action #15 adjusted the landing and 
possession limit in the commercial salmon fishery north of Cape Falcon 
to 60 Chinook salmon and 50 marked coho per vessel per open period from 
the U.S./Canada border to Queets River, WA, or 75 Chinook salmon and 50 
marked coho per vessel per open period from Queets River, WA to Cape 
Falcon, OR. This action superseded the landing limit set preseason at 
50 Chinook salmon and 50 marked coho per vessel per open period from 
the U.S./Canada border to Cape Falcon, OR (80 FR 25611).
    Effective dates: Inseason action #15 took effect on July 10, 2015, 
and remains in effect until superseded by inseason action or the end of 
the season.
    Reason and authorization for the action: 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 
#15 occurred on July 9, 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

[[Page 43337]]

salmon 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: July 17, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-17969 Filed 7-21-15; 8:45 am]
BILLING CODE 3510-22-P