80 FR 69885 - Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #37 Through #39

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 218 (November 12, 2015)

Page Range		69885-69887
FR Document		2015-28674

NMFS announces three 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 Humboldt South Jetty, CA.

Federal Register, Volume 80 Issue 218 (Thursday, November 12, 2015)

[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69885-69887]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-28674]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150316270-5270-01]
RIN 0648-XE259

Fisheries Off West Coast States; Modifications of the West Coast
Commercial and Recreational Salmon Fisheries; Inseason Actions #37
Through #39

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 three 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 Humboldt South
Jetty, 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 November 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

[[Page 69886]]

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: 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 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 #37

Description of action: Inseason action #37 adjusted the remaining
coho quota in the commercial salmon fishery from Queets River, WA, to
Cape Falcon, OR, on an impact-neutral basis, from mark-selective to
non-mark-selective. The adjusted non-mark-selective coho quota was
6,100.
Effective dates: Inseason action #37 took effect on September 18,
2015, and remained in effect until the end of the commercial salmon
fishing season.
Reason and authorization for the action: The purpose of this action
was to allow for increased access to the coho quota, which had not been
fully utilized, while not exceeding the impact limits for protected
stocks. The annual management measures (80 FR 25611, May 5, 2015)
provide for inseason action to modify the regulations that restrict
retention of unmarked coho. To accommodate modifying the regulations
from a mark-selective to non-mark-selective coho fishery while still
achieving management objectives, including not exceeding allowable
impacts on constraining stocks, the Council's Salmon Technical Team
(STT) calculated the necessary adjustments to the coho quota on an
impact-neutral basis for the constraining stocks in the Queets River to
Cape Falcon area. In this instance, the constraining stock was Lower
Columbia River natural coho. The RA approved the STT's impact-neutral
conversion of the remaining recreational mark-selective coho quota to
non-mark-selective coho quota. Modification of quotas and/or fishing
seasons is authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#37 occurred on September 17, 2015. Participants in this consultation
were staff from NMFS, WDFW, and ODFW. Council staff was unavailable to
participate in the consultation, but was advised of the RA's decision
after the consultation concluded.

Inseason Action #38

Description of action: Inseason action #38 modified landing and
possession limits in the commercial salmon fishery between Queets River
and Cape Falcon to allow retention of 80 non-mark-selective coho per
vessel per open period. The previous landing limit for coho was 50
marked coho per vessel per open period.
Effective dates: Inseason action #38 took effect on September 18,
2015, and remained in effect until the end of the commercial salmon
fishing season.
Reason and authorization for the action: The purpose of this action
was to allow for increased access to the coho quota, which had not been
fully utilized, while not exceeding the impact limits for protected
stocks. The annual management measures (80 FR 25611, May 5, 2015)
provide for inseason action to modify the regulations that restrict
retention of unmarked coho. The RA considered fishery effort, coho
catch to date, and the non-mark-selective quota conversion implemented
under inseason action #37, and determined that modifying the fishery to
allow retention of unmarked coho could be implemented within the
allowable impacts on the constraining stock and without exceeding the
non-mark-selective coho quota. Inseason action to modify limited
retention regulations is authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#38 occurred on September 17, 2015. Participants in this consultation
were staff from NMFS, WDFW, and ODFW. Council staff was unavailable to
participate in the consultation, but was advised of the RA's decision
after the consultation concluded.

Inseason Action #39

Description of action: Inseason action #39 modified the open period
in the commercial salmon fishery in the California KMZ from five days
per week to seven days per week.
Effective dates: Inseason action #39 took effect on September 23,
2015, and remained in effect until the end of the 2015 commercial
salmon fishery.
Reason and authorization for the action: During the preseason
planning process, the open period for the commercial salmon fishery in
the California KMZ, September 11 through September 30, was set at five
days per week (Friday through Tuesday), to manage landings in this
quota-based fishery. The RA considered fishery effort and Chinook
landings to date, both of which were very low due to unfishable weather
conditions and lack of productive fishing, and determined that allowing
the fishery to remain open seven days per week would provide access to
remaining Chinook quota without risk of exceeding the quota for the
season. Modification of quotas and/or fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#39 occurred on September 21, 2015. Participants in this consultation
were staff from NMFS, Council, CDFW, and ODFW.

[[Page 69887]]

All other restrictions and regulations remain in effect as
announced for the 2015 ocean salmon fisheries and 2016 salmon fisheries
opening prior to May 1, 2016 (80 FR 25611, May 5, 2015) and as modified
by prior inseason actions.
The RA determined that the best available information indicated
that coho and Chinook salmon catch to date and fishery effort supported
the above inseason actions recommended by the states of Washington,
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 (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: November 5, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-28674 Filed 11-10-15; 8:45 am]
BILLING CODE 3510-22-P

69886 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations

individual, or received after the end of Inseason Actions Reason and authorization for the
the comment period, may not be action: The purpose of this action was
Inseason Action #37
considered by NMFS. All comments to allow for increased access to the coho
received are a part of the public record Description of action: Inseason action quota, which had not been fully
and will generally be posted for public #37 adjusted the remaining coho quota utilized, while not exceeding the impact
viewing on www.regulations.gov in the commercial salmon fishery from limits for protected stocks. The annual
without change. All personal identifying Queets River, WA, to Cape Falcon, OR, management measures (80 FR 25611,
information (e.g., name, address, etc.), on an impact-neutral basis, from mark- May 5, 2015) provide for inseason
confidential business information, or selective to non-mark-selective. The action to modify the regulations that
otherwise sensitive information adjusted non-mark-selective coho quota restrict retention of unmarked coho. The
submitted voluntarily by the sender will was 6,100. RA considered fishery effort, coho catch
be publicly accessible. NMFS will Effective dates: Inseason action #37 to date, and the non-mark-selective
accept anonymous comments (enter took effect on September 18, 2015, and quota conversion implemented under
‘‘N/A’’ in the required fields if you wish remained in effect until the end of the inseason action #37, and determined
to remain anonymous). commercial salmon fishing season. that modifying the fishery to allow
Reason and authorization for the retention of unmarked coho could be
FOR FURTHER INFORMATION CONTACT:
action: The purpose of this action was implemented within the allowable
Peggy Mundy at 206–526–4323. to allow for increased access to the coho
SUPPLEMENTARY INFORMATION: impacts on the constraining stock and
quota, which had not been fully without exceeding the non-mark-
Background utilized, while not exceeding the impact selective coho quota. Inseason action to
limits for protected stocks. The annual modify limited retention regulations is
In the 2015 annual management management measures (80 FR 25611,
measures for ocean salmon fisheries (80 authorized by 50 CFR 660.409(b)(1)(i).
May 5, 2015) provide for inseason
FR 25611, May 5, 2015), NMFS Consultation date and participants:
action to modify the regulations that
announced the commercial and Consultation on inseason action #38
restrict retention of unmarked coho. To
recreational fisheries in the area from occurred on September 17, 2015.
accommodate modifying the regulations
the U.S./Canada border to the U.S./ Participants in this consultation were
from a mark-selective to non-mark-
Mexico border, beginning May 1, 2015, staff from NMFS, WDFW, and ODFW.
selective coho fishery while still
and 2016 salmon fisheries opening Council staff was unavailable to
achieving management objectives,
earlier than May 1, 2016. NMFS is participate in the consultation, but was
including not exceeding allowable
authorized to implement inseason advised of the RA’s decision after the
impacts on constraining stocks, the
management actions to modify fishing consultation concluded.
Council’s Salmon Technical Team (STT)
seasons and quotas as necessary to calculated the necessary adjustments to Inseason Action #39
provide fishing opportunity while the coho quota on an impact-neutral
meeting management objectives for the Description of action: Inseason action
basis for the constraining stocks in the
affected species (50 CFR 660.409). #39 modified the open period in the
Queets River to Cape Falcon area. In this
Inseason actions in the salmon fishery commercial salmon fishery in the
instance, the constraining stock was
may be taken directly by NMFS (50 CFR California KMZ from five days per week
Lower Columbia River natural coho.
660.409(a)—Fixed inseason to seven days per week.
The RA approved the STT’s impact-
management provisions) or upon Effective dates: Inseason action #39
neutral conversion of the remaining
consultation with the Pacific Fishery took effect on September 23, 2015, and
recreational mark-selective coho quota
Management Council (Council) and the remained in effect until the end of the
to non-mark-selective coho quota.
appropriate State Directors (50 CFR 2015 commercial salmon fishery.
Modification of quotas and/or fishing
660.409(b)—Flexible inseason seasons is authorized by 50 CFR Reason and authorization for the
management provisions). The state 660.409(b)(1)(i). action: During the preseason planning
management agencies that participated Consultation date and participants: process, the open period for the
in the consultations described in this Consultation on inseason action #37 commercial salmon fishery in the
document were: California Department occurred on September 17, 2015. California KMZ, September 11 through
of Fish and Wildlife (CDFW), Oregon Participants in this consultation were September 30, was set at five days per
Department of Fish and Wildlife staff from NMFS, WDFW, and ODFW. week (Friday through Tuesday), to
(ODFW), and Washington Department of Council staff was unavailable to manage landings in this quota-based
Fish and Wildlife (WDFW). participate in the consultation, but was fishery. The RA considered fishery
Management of the salmon fisheries is advised of the RA’s decision after the effort and Chinook landings to date,
generally divided into two geographic consultation concluded. both of which were very low due to
areas: North of Cape Falcon (U.S./ unfishable weather conditions and lack
Canada border to Cape Falcon, OR) and Inseason Action #38 of productive fishing, and determined
south of Cape Falcon (Cape Falcon, OR, Description of action: Inseason action that allowing the fishery to remain open
to the U.S./Mexico border). The #38 modified landing and possession seven days per week would provide
inseason actions reported in this limits in the commercial salmon fishery access to remaining Chinook quota
document affect fisheries north and between Queets River and Cape Falcon without risk of exceeding the quota for
south of Cape Falcon. Within the south to allow retention of 80 non-mark- the season. Modification of quotas and/
of Cape Falcon area, the Klamath selective coho per vessel per open or fishing seasons is authorized by 50
mstockstill on DSK4VPTVN1PROD with RULES

Management Zone (KMZ) extends from period. The previous landing limit for CFR 660.409(b)(1)(i).
Humbug Mountain, OR, to Humboldt coho was 50 marked coho per vessel per Consultation date and participants:
South Jetty, CA, and is divided at the open period. Consultation on inseason action #39
Oregon/California border into the Effective dates: Inseason action #38 occurred on September 21, 2015.
Oregon KMZ to the north and California took effect on September 18, 2015, and Participants in this consultation were
KMZ to the south. All times mentioned remained in effect until the end of the staff from NMFS, Council, CDFW, and
refer to Pacific daylight time. commercial salmon fishing season. ODFW.

VerDate Sep<11>2014 17:30 Nov 10, 2015 Jkt 238001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\12NOR1.SGM 12NOR1

$Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations 69887 All other restrictions and regulations Classification fisheries impacts were calculated, and remain in effect as announced for the The Assistant Administrator for the time the fishery modifications had 2015 ocean salmon fisheries and 2016 Fisheries, NOAA (AA), finds that good to be implemented in order to ensure salmon fisheries opening prior to May 1, cause exists for this notification to be that fisheries are managed based on the 2016 (80 FR 25611, May 5, 2015) and as issued without affording prior notice best available scientific information, modified by prior inseason actions. and opportunity for public comment ensuring that conservation objectives under 5 U.S.C. 553(b)(B) because such and ESA consultation standards are not The RA determined that the best notification would be impracticable. As exceeded. The AA also finds good cause available information indicated that to waive the 30-day delay in coho and Chinook salmon catch to date previously noted, actual notice of the regulatory actions was provided to effectiveness required under 5 U.S.C. and fishery effort supported the above 553(d)(3), as a delay in effectiveness of fishers through telephone hotline and inseason actions recommended by the these actions would allow fishing at radio notification. These actions comply states of Washington, Oregon, and levels inconsistent with the goals of the with the requirements of the annual California. The states manage the management measures for ocean salmon Salmon FMP and the current fisheries in state waters adjacent to the fisheries (80 FR 25611, May 5, 2015), management measures. areas of the U.S. exclusive economic the West Coast Salmon Fishery These actions are authorized by 50 zone in accordance with these Federal Management Plan (Salmon FMP), and CFR 660.409 and 660.411 and are actions. As provided by the inseason regulations implementing the Salmon exempt from review under Executive notice procedures of 50 CFR 660.411, FMP, 50 CFR 660.409 and 660.411. Prior Order 12866. actual notice of the described regulatory notice and opportunity for public Authority: 16 U.S.C. 1801 et seq. actions was given, prior to the time the comment was impracticable because action was effective, by telephone NMFS and the state agencies had Dated: November 5, 2015. hotline numbers 206–526–6667 and insufficient time to provide for prior Emily H. Menashes, 800–662–9825, and by U.S. Coast Guard notice and the opportunity for public Acting Director, Office of Sustainable Notice to Mariners broadcasts on comment between the time Chinook Fisheries, National Marine Fisheries Service. Channel 16 VHF–FM and 2182 kHz. salmon catch and effort assessments and [FR Doc. 2015–28674 Filed 11–10–15; 8:45 am] projections were developed and BILLING CODE 3510–22–P mstockstill on DSK4VPTVN1PROD with RULES VerDate Sep<11>2014 17:30 Nov 10, 2015 Jkt 238001 PO 00000 Frm 00051 Fmt 4700 Sfmt 9990 E:\FR\FM\12NOR1.SGM 12NOR1$

Document Created: 2015-12-14 14:54:05
Document Modified: 2015-12-14 14:54:05

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 November 27, 2015.
Contact		Peggy Mundy at 206-526-4323.
FR Citation		80 FR 69885
RIN Number		0648-XE25

80 FR 69885 - Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #37 Through #39

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 218 (November 12, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration