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)

Page Range		43336-43337
FR Document		2015-17969

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 Issue 140 (Wednesday, July 22, 2015)

[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]]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Rules and Regulations 43337

salmon fisheries opening prior to May 1, exempt from review under Executive In accordance with § 679.20(d)(1)(i),
2016 (80 FR 25611, May 5, 2015). Order 12866. the Administrator, Alaska Region,
The RA determined that the best Authority: 16 U.S.C. 1801 et seq. NMFS (Regional Administrator), has
available information indicated that determined that the 2015 TAC of Pacific
Chinook salmon catch to date and Dated: July 17, 2015. ocean perch in the West Yakutat District
fishery effort supported the above Emily H. Menashes, of the GOA will soon be reached.
inseason actions recommended by the Acting Director, Office of Sustainable Therefore, the Regional Administrator is
states of Washington and Oregon. The Fisheries, National Marine Fisheries Service. establishing a directed fishing
states manage the fisheries in state [FR Doc. 2015–17969 Filed 7–21–15; 8:45 am] allowance of 1,914 mt, and is setting
waters adjacent to the areas of the U.S. BILLING CODE 3510–22–P aside the remaining 100 mt as bycatch
exclusive economic zone in accordance to support other anticipated groundfish
with these Federal actions. As provided fisheries. In accordance with
by the inseason notice procedures of 50 DEPARTMENT OF COMMERCE § 679.20(d)(1)(iii), the Regional
CFR 660.411, actual notice of the Administrator finds that this directed
described regulatory actions was given, National Oceanic and Atmospheric
fishing allowance has been reached.
prior to the time the action was Administration
Consequently, NMFS is prohibiting
effective, by telephone hotline numbers directed fishing for Pacific ocean perch
206–526–6667 and 800–662–9825, and 50 CFR Part 679
in the West Yakutat District of the GOA.
by U.S. Coast Guard Notice to Mariners
broadcasts on Channel 16 VHF–FM and [Docket No. 140918791–4999–02] After the effective date of this closure
2182 kHz. the maximum retainable amounts at
RIN 0648–XE064 § 679.20(e) and (f) apply at any time
Classification during a trip.
Fisheries of the Exclusive Economic
The Assistant Administrator for Zone Off Alaska; Pacific Ocean Perch Classification
Fisheries, NOAA (AA), finds that good in the West Yakutat District of the Gulf
cause exists for this notification to be of Alaska This action responds to the best
issued without affording prior notice available information recently obtained
and opportunity for public comment AGENCY: National Marine Fisheries from the fishery. The Assistant
under 5 U.S.C. 553(b)(B) because such Service (NMFS), National Oceanic and Administrator for Fisheries, NOAA
notification would be impracticable. As Atmospheric Administration (NOAA), (AA), finds good cause to waive the
previously noted, actual notice of the Commerce. requirement to provide prior notice and
regulatory actions was provided to ACTION: Temporary rule; closure. opportunity for public comment
fishers through telephone hotline and pursuant to the authority set forth at 5
radio notification. These actions comply SUMMARY: NMFS is prohibiting directed U.S.C. 553(b)(B) as such requirement is
with the requirements of the annual fishing for Pacific ocean perch in the impracticable and contrary to the public
management measures for ocean salmon West Yakutat District of the Gulf of interest. This requirement is
fisheries (80 FR 25611, May 5, 2015), Alaska (GOA). This action is necessary impracticable and contrary to the public
the West Coast Salmon Fishery to prevent exceeding the 2015 total interest as it would prevent NMFS from
Management Plan (Salmon FMP), and allowable catch of Pacific ocean perch responding to the most recent fisheries
regulations implementing the Salmon in the West Yakutat District of the GOA. data in a timely fashion and would
FMP, 50 CFR 660.409 and 660.411. Prior DATES: Effective 1200 hours, Alaska delay the closure of directed fishing for
notice and opportunity for public local time (A.l.t.), July 17, 2015, through Pacific ocean perch in the West Yakutat
comment was impracticable because 2400 hours, A.l.t., December 31, 2015. District of the GOA. NMFS was unable
NMFS and the state agencies had to publish a notice providing time for
FOR FURTHER INFORMATION CONTACT:
insufficient time to provide for prior public comment because the most
Obren Davis, 907–586–7228.
notice and the opportunity for public recent, relevant data only became
comment between the time Chinook SUPPLEMENTARY INFORMATION: NMFS
available as of July 16, 2015.
salmon catch and effort assessments and manages the groundfish fishery in the
projections were developed and GOA exclusive economic zone The AA also finds good cause to
fisheries impacts were calculated, and according to the Fishery Management waive the 30-day delay in the effective
the time the fishery modifications had Plan for Groundfish of the Gulf of date of this action under 5 U.S.C.
to be implemented in order to ensure Alaska (FMP) prepared by the North 553(d)(3). This finding is based upon
that fisheries are managed based on the Pacific Fishery Management Council the reasons provided above for waiver of
best available scientific information, under authority of the Magnuson- prior notice and opportunity for public
ensuring that conservation objectives Stevens Fishery Conservation and comment.
and ESA consultation standards are not Management Act. Regulations governing This action is required by § 679.20
exceeded. The AA also finds good cause fishing by U.S. vessels in accordance and is exempt from review under
to waive the 30-day delay in with the FMP appear at subpart H of 50 Executive Order 12866.
effectiveness required under 5 U.S.C. CFR part 600 and 50 CFR part 679. Authority: 16 U.S.C. 1801 et seq.
553(d)(3), as a delay in effectiveness of The 2015 total allowable catch (TAC)
of Pacific ocean perch in the West Dated: July 17, 2015.
these actions would allow fishing at
levels inconsistent with the goals of the Yakutat District of the GOA is 2,014 Emily H. Menashes,
Salmon FMP and the current metric tons (mt) as established by the Acting Director, Office of Sustainable
Lhorne on DSK7TPTVN1PROD with RULES

management measures. final 2015 and 2016 harvest Fisheries, National Marine Fisheries Service.
These actions are authorized by 50 specifications for groundfish of the (80 [FR Doc. 2015–17968 Filed 7–17–15; 4:15 pm]
CFR 660.409 and 660.411 and are FR 10250, February 25, 2015). BILLING CODE 3510–22–P

VerDate Sep<11>2014 15:06 Jul 21, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4700 Sfmt 9990 E:\FR\FM\22JYR1.SGM 22JYR1

Document Created: 2015-12-15 12:55:04
Document Modified: 2015-12-15 12:55:04

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 August 6, 2015.
Contact		Peggy Mundy at 206-526-4323.
FR Citation		80 FR 43336
RIN Number		0648-XE05

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

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration