81_FR_35396 81 FR 35290 - Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #1 Through #5

81 FR 35290 - Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #1 Through #5

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 106 (June 2, 2016)

Page Range35290-35292
FR Document2016-13035

NMFS announces five inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial salmon fisheries in the area from Cape Falcon, OR to Point Arena, CA.

Federal Register, Volume 81 Issue 106 (Thursday, June 2, 2016)
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Proposed Rules]
[Pages 35290-35292]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13035]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150316270-5270-01]
RIN 0648-XE520


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Actions #1 Through #5

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 five inseason actions in the ocean salmon 
fisheries. These inseason actions modified the commercial salmon 
fisheries in the area from Cape Falcon, OR to Point Arena, 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 June 17, 2016.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0007, 
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-2016-0007, 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).

[[Page 35291]]


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) and Oregon Department of Fish 
and Wildlife (ODFW).
    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 affected 
fisheries 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 #1

    Description of action: Inseason action #1 modified the commercial 
salmon fishery from Cape Falcon to Humbug Mountain, previously 
scheduled to open March 15, 2016, to remain closed through March 31, 
2016.
    Effective dates: Inseason action #1 took effect on March 15, 2016, 
and remained in effect until superseded by inseason action #4 on April 
1, 2016.
    Reason and authorization for the action: The purpose of this action 
was to conserve fishery impacts on the Klamath River fall Chinook stock 
(KRFC). The Council's Salmon Technical Team (STT) presented stock 
abundance forecasts for 2016. On the basis of these forecasts, the 
Regional Administrator (RA) determined that fisheries south of Cape 
Falcon will be constrained in 2016 to meet conservation objectives 
specified in the Pacific Coast Salmon Fishery Management Plan (FMP) for 
KRFC, as well as ESA consultation standards for California coastal 
Chinook for which KRFC is used as a proxy. 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 
#1 occurred on March 10, 2016. Participants in this consultation were 
staff from NMFS, CDFW, 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 #2

    Description of action: Inseason action #2 modified the commercial 
salmon fishery from Humbug Mountain to the Oregon/California Border 
(Oregon KMZ), previously scheduled to open March 15, 2016, to remain 
closed through March 31, 2016.
    Effective dates: Inseason action #2 took effect on March 15, 2016, 
and remained in effect until superseded by inseason action #4 on April 
1, 2016.
    Reason and authorization for the action: The purpose of this action 
was to conserve fishery impacts on the KRFC. The STT presented stock 
abundance forecasts for 2016. On the basis of these forecasts, the RA 
determined that fisheries south of Cape Falcon will be constrained in 
2016 to meet conservation objectives specified in the FMP for KRFC, as 
well as ESA consultation standards for California coastal Chinook for 
which KRFC is used as a proxy. 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 
#2 occurred on March 10, 2016. Participants in this consultation were 
staff from NMFS, CDFW, 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 #3

    Description of action: Inseason action #3 cancelled the commercial 
salmon fishery from Horse Mountain, CA to Point Arena, CA (Fort Bragg 
management area), previously scheduled to open April 16-30.
    Effective dates: Inseason action #3 took effect on April 16, 2016, 
and remained in effect through April 30, 2016.
    Reason and authorization for the action: The purpose of this action 
was to conserve fishery impacts on the KRFC. The STT presented stock 
abundance forecasts for 2016. On the basis of these forecasts, the RA 
determined that fisheries south of Cape Falcon will be constrained in 
2016 to meet conservation objectives specified in the FMP for KRFC, as 
well as ESA consultation standards for California coastal Chinook for 
which KRFC is used as a proxy. 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 March 10, 2016. Participants in this consultation were 
staff from NMFS, CDFW, 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 #4

    Description of action: Inseason action #4 modified the commercial 
salmon fishery from Cape Falcon, OR, to Humbug Mountain, OR, to remain 
closed April 1-7, 2016, and open April 8-30, 2016. Seven days per week. 
All salmon except coho. Chinook minimum size limit of 28 inches total 
length. All vessels fishing in the area must land their fish in the 
state of Oregon. Gear restrictions same as in 2015.
    Effective dates: Inseason action #4 superseded inseason action #1 
on April 1, 2016, and remained in effect through April 30, 2016.
    Reason and authorization for the action: The purpose of this action 
was to conserve fishery impacts on KRFC while allowing access to more 
abundant 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 
#4 occurred on March 13, 2016. Participants in this consultation were 
staff from NMFS, CDFW, 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 #5

    Description of action: Inseason action #5 modified the commercial 
salmon fishery from Humbug Mountain, OR, to the Oregon/California 
Border (Oregon

[[Page 35292]]

KMZ), to remain closed April 1-7, 2016, and open April 8-30, 2016. 
Seven days per week. All salmon except coho. Chinook minimum size limit 
of 28 inches total length. All vessels fishing in the area must land 
their fish in the state of Oregon. Gear restrictions same as in 2015.
    Effective dates: Inseason action #5 superseded inseason action #2 
on April 1, 2016, and remained in effect through April 30, 2016.
    Reason and authorization for the action: The purpose of this action 
was to conserve fishery impacts on KRFC while allowing access to more 
abundant 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 
#5 occurred on March 13, 2016. Participants in this consultation were 
staff from NMFS, CDFW, and ODFW. Council staff was unavailable to 
participate in the consultation, but was advised of the RA's decision 
after the consultation concluded.
    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 Chinook salmon abundance forecasts and expected fishery effort 
supported the above inseason actions recommended by the states of 
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 FMP, and 
regulations implementing the 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 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 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: May 27, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

[FR Doc. 2016-13035 Filed 6-1-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                      35290                         Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Proposed Rules

                                                      reduce any potential risks to human                                 Dated: May 16, 2016.                                            ■  b. Alphabetically add the category
                                                      health and the environment. Therefore,                            Gina McCarthy,                                                    ‘‘Hexabromocyclododecane (This
                                                      the informational benefits of the action                          Administrator.                                                    category includes only those chemicals
                                                      will have positive human health and                                 Therefore, it is proposed that 40 CFR                           covered by the CAS numbers listed
                                                      environmental impacts on minority                                 chapter I be amended as follows:                                  here)’’ and list ‘‘3194–55–6 (1,2,5,6,9,10-
                                                      populations, low-income populations,                                                                                                Hexabromocyclododecane)’’ and
                                                      and children.                                                     PART 372—[AMENDED]                                                ‘‘25637–99–4
                                                                                                                        ■ 1. The authority citation for part 372                          (Hexabromocyclododecane)’’
                                                      List of Subjects in 40 CFR Part 372
                                                                                                                        continues to read as follows:                                        The additions to read as follows:
                                                        Environmental protection,                                           Authority: 42 U.S.C. 11023 and 11048.
                                                      Community right-to-know, Reporting                                                                                                  § 372.28 Lower thresholds for chemicals
                                                                                                                        ■ 2. In § 372.28, amend the table in                              of special concern.
                                                      and recordkeeping requirements, and
                                                      Toxic chemicals.                                                  paragraph (a)(2) as follows:                                          (a) * * *
                                                                                                                        ■ a. Revise the heading for the second
                                                                                                                        column, and                                                           (2) * * *

                                                                                                                                                                                                                                       Reporting
                                                                                                                                                                                                                                       threshold
                                                                                                                                 Category name                                                                                      (in pounds un-
                                                                                                                                                                                                                                    less otherwise
                                                                                                                                                                                                                                         noted)


                                                              *                 *                      *                                 *                                 *                                *                                *
                                                      Hexabromocyclododecane (This category includes only those chemicals covered by the CAS numbers listed here) .................                                                                     100
                                                       3194–55–6 1,2,5,6,9,10-Hexabromocyclododecane ...................................................................................................................          ............................
                                                      25637–99–4 Hexabromocyclododecane .......................................................................................................................................   ............................

                                                                  *                           *                             *                          *                           *                           *                             *



                                                      *     *     *     *     *                                         (This category includes only those                                § 372.65 Chemicals and chemical
                                                      ■ 3. In § 372.65, paragraph (c) is                                chemicals covered by the CAS numbers                              categories to which this part applies.
                                                      amended by adding alphabetically an                               listed here)’’ to the table to read as                            *       *    *            *       *
                                                      entry for ‘‘Hexabromocyclododecane                                follows:                                                              (c) * * *

                                                                                                                                 Category name                                                                                      Effective date


                                                              *                 *                      *                                 *                                 *                                *                                *
                                                      Hexabromocyclododecane (This category includes only those chemicals covered by the CAS numbers listed here) .................                                                                 1/1/17
                                                       3194–55–6 1,2,5,6,9,10-Hexabromocyclododecane ...................................................................................................................          ............................
                                                      25637–99–4 Hexabromocyclododecane .......................................................................................................................................   ............................

                                                                  *                           *                             *                          *                           *                           *                             *



                                                      [FR Doc. 2016–12464 Filed 6–1–16; 8:45 am]                        ACTION: Modification of fishing seasons;                          complete the required fields, and enter
                                                      BILLING CODE 6560–50–P                                            request for comments.                                             or attach your comments.
                                                                                                                                                                                            • Mail: William W. Stelle, Jr.,
                                                                                                                        SUMMARY:   NMFS announces five                                    Regional Administrator, West Coast
                                                                                                                        inseason actions in the ocean salmon                              Region, NMFS, 7600 Sand Point Way
                                                      DEPARTMENT OF COMMERCE                                            fisheries. These inseason actions                                 NE., Seattle, WA. 98115–6349.
                                                                                                                        modified the commercial salmon                                      Instructions: Comments sent by any
                                                      National Oceanic and Atmospheric                                  fisheries in the area from Cape Falcon,
                                                      Administration                                                                                                                      other method, to any other address or
                                                                                                                        OR to Point Arena, CA.                                            individual, or received after the end of
                                                      50 CFR Part 660                                                   DATES: The effective dates for the                                the comment period, may not be
                                                                                                                        inseason actions are set out in this                              considered by NMFS. All comments
                                                      [Docket No. 150316270–5270–01]                                    document under the heading Inseason                               received are a part of the public record
                                                                                                                        Actions. Comments will be accepted                                and will generally be posted for public
                                                      RIN 0648–XE520                                                    through June 17, 2016.                                            viewing on www.regulations.gov
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Fisheries Off West Coast States;                                  ADDRESSES: You may submit comments,                               without change. All personal identifying
                                                      Modifications of the West Coast                                   identified by NOAA–NMFS–2016–0007,                                information (e.g., name, address, etc.),
                                                      Commercial Salmon Fisheries;                                      by any one of the following methods:                              confidential business information, or
                                                      Inseason Actions #1 Through #5                                       • Electronic Submissions: Submit all                           otherwise sensitive information
                                                                                                                        electronic public comments via the                                submitted voluntarily by the sender will
                                                      AGENCY:  National Marine Fisheries                                Federal eRulemaking Portal. Go to                                 be publicly accessible. NMFS will
                                                      Service (NMFS), National Oceanic and                              www.regulations.gov/                                              accept anonymous comments (enter ‘‘N/
                                                      Atmospheric Administration (NOAA),                                #!docketDetail;D=NOAA-NMFS-2016-                                  A’’ in the required fields if you wish to
                                                      Commerce.                                                         0007, click the ‘‘Comment Now!’’ icon,                            remain anonymous).


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                                                                               Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Proposed Rules                                           35291

                                                      FOR FURTHER INFORMATION CONTACT:                        Klamath River fall Chinook stock                       management area), previously
                                                      Peggy Mundy at 206–526–4323.                            (KRFC). The Council’s Salmon                           scheduled to open April 16–30.
                                                      SUPPLEMENTARY INFORMATION:                              Technical Team (STT) presented stock                     Effective dates: Inseason action #3
                                                                                                              abundance forecasts for 2016. On the                   took effect on April 16, 2016, and
                                                      Background                                              basis of these forecasts, the Regional                 remained in effect through April 30,
                                                         In the 2015 annual management                        Administrator (RA) determined that                     2016.
                                                      measures for ocean salmon fisheries (80                 fisheries south of Cape Falcon will be                   Reason and authorization for the
                                                      FR 25611, May 5, 2015), NMFS                            constrained in 2016 to meet                            action: The purpose of this action was
                                                      announced the commercial and                            conservation objectives specified in the               to conserve fishery impacts on the
                                                      recreational fisheries in the area from                 Pacific Coast Salmon Fishery                           KRFC. The STT presented stock
                                                      the U.S./Canada border to the U.S./                     Management Plan (FMP) for KRFC, as                     abundance forecasts for 2016. On the
                                                      Mexico border, beginning May 1, 2015,                   well as ESA consultation standards for                 basis of these forecasts, the RA
                                                      and 2016 salmon fisheries opening                       California coastal Chinook for which                   determined that fisheries south of Cape
                                                      earlier than May 1, 2016. NMFS is                       KRFC is used as a proxy. Inseason                      Falcon will be constrained in 2016 to
                                                      authorized to implement inseason                        action to modify quotas and/or fishing                 meet conservation objectives specified
                                                      management actions to modify fishing                    seasons is authorized by 50 CFR                        in the FMP for KRFC, as well as ESA
                                                      seasons and quotas as necessary to                      660.409(b)(1)(i).                                      consultation standards for California
                                                      provide fishing opportunity while                          Consultation date and participants:                 coastal Chinook for which KRFC is used
                                                      meeting management objectives for the                   Consultation on inseason action #1                     as a proxy. Inseason action to modify
                                                      affected species (50 CFR 660.409).                      occurred on March 10, 2016.                            quotas and/or fishing seasons is
                                                      Inseason actions in the salmon fishery                  Participants in this consultation were                 authorized by 50 CFR 660.409(b)(1)(i).
                                                      may be taken directly by NMFS (50 CFR                   staff from NMFS, CDFW, and ODFW.                         Consultation date and participants:
                                                      660.409(a)—Fixed inseason                               Council staff was unavailable to                       Consultation on inseason action #3
                                                      management provisions) or upon                          participate in the consultation, but was               occurred on March 10, 2016.
                                                      consultation with the Pacific Fishery                   advised of the RA’s decision after the                 Participants in this consultation were
                                                      Management Council (Council) and the                    consultation concluded.                                staff from NMFS, CDFW, and ODFW.
                                                      appropriate State Directors (50 CFR                                                                            Council staff was unavailable to
                                                                                                              Inseason Action #2                                     participate in the consultation, but was
                                                      660.409(b)—Flexible inseason
                                                      management provisions). The state                          Description of action: Inseason action              advised of the RA’s decision after the
                                                      management agencies that participated                   #2 modified the commercial salmon                      consultation concluded.
                                                      in the consultations described in this                  fishery from Humbug Mountain to the
                                                                                                              Oregon/California Border (Oregon                       Inseason Action #4
                                                      document were: California Department
                                                      of Fish and Wildlife (CDFW) and                         KMZ), previously scheduled to open                        Description of action: Inseason action
                                                      Oregon Department of Fish and Wildlife                  March 15, 2016, to remain closed                       #4 modified the commercial salmon
                                                      (ODFW).                                                 through March 31, 2016.                                fishery from Cape Falcon, OR, to
                                                         Management of the salmon fisheries is                   Effective dates: Inseason action #2                 Humbug Mountain, OR, to remain
                                                      generally divided into two geographic                   took effect on March 15, 2016, and                     closed April 1–7, 2016, and open April
                                                      areas: north of Cape Falcon (U.S./                      remained in effect until superseded by                 8–30, 2016. Seven days per week. All
                                                      Canada border to Cape Falcon, OR) and                   inseason action #4 on April 1, 2016.                   salmon except coho. Chinook minimum
                                                                                                                 Reason and authorization for the                    size limit of 28 inches total length. All
                                                      south of Cape Falcon (Cape Falcon, OR,
                                                                                                              action: The purpose of this action was                 vessels fishing in the area must land
                                                      to the U.S./Mexico border). The
                                                                                                              to conserve fishery impacts on the                     their fish in the state of Oregon. Gear
                                                      inseason actions reported in this
                                                                                                              KRFC. The STT presented stock                          restrictions same as in 2015.
                                                      document affected fisheries south of
                                                                                                              abundance forecasts for 2016. On the                      Effective dates: Inseason action #4
                                                      Cape Falcon. Within the south of Cape
                                                                                                              basis of these forecasts, the RA                       superseded inseason action #1 on April
                                                      Falcon area, the Klamath Management
                                                                                                              determined that fisheries south of Cape                1, 2016, and remained in effect through
                                                      Zone (KMZ) extends from Humbug
                                                                                                              Falcon will be constrained in 2016 to                  April 30, 2016.
                                                      Mountain, OR, to Humboldt South Jetty,
                                                                                                              meet conservation objectives specified                    Reason and authorization for the
                                                      CA, and is divided at the Oregon/
                                                                                                              in the FMP for KRFC, as well as ESA                    action: The purpose of this action was
                                                      California border into the Oregon KMZ
                                                                                                              consultation standards for California                  to conserve fishery impacts on KRFC
                                                      to the north and California KMZ to the
                                                                                                              coastal Chinook for which KRFC is used                 while allowing access to more abundant
                                                      south. All times mentioned refer to
                                                                                                              as a proxy. Inseason action to modify                  stocks. Inseason action to modify quotas
                                                      Pacific daylight time.
                                                                                                              quotas and/or fishing seasons is                       and/or fishing seasons is authorized by
                                                      Inseason Actions                                        authorized by 50 CFR 660.409(b)(1)(i).                 50 CFR 660.409(b)(1)(i).
                                                                                                                 Consultation date and participants:                    Consultation date and participants:
                                                      Inseason Action #1                                      Consultation on inseason action #2                     Consultation on inseason action #4
                                                         Description of action: Inseason action               occurred on March 10, 2016.                            occurred on March 13, 2016.
                                                      #1 modified the commercial salmon                       Participants in this consultation were                 Participants in this consultation were
                                                      fishery from Cape Falcon to Humbug                      staff from NMFS, CDFW, and ODFW.                       staff from NMFS, CDFW, and ODFW.
                                                      Mountain, previously scheduled to open                  Council staff was unavailable to                       Council staff was unavailable to
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      March 15, 2016, to remain closed                        participate in the consultation, but was               participate in the consultation, but was
                                                      through March 31, 2016.                                 advised of the RA’s decision after the                 advised of the RA’s decision after the
                                                         Effective dates: Inseason action #1                  consultation concluded.                                consultation concluded.
                                                      took effect on March 15, 2016, and
                                                      remained in effect until superseded by                  Inseason Action #3                                     Inseason Action #5
                                                      inseason action #4 on April 1, 2016.                       Description of action: Inseason action                 Description of action: Inseason action
                                                         Reason and authorization for the                     #3 cancelled the commercial salmon                     #5 modified the commercial salmon
                                                      action: The purpose of this action was                  fishery from Horse Mountain, CA to                     fishery from Humbug Mountain, OR, to
                                                      to conserve fishery impacts on the                      Point Arena, CA (Fort Bragg                            the Oregon/California Border (Oregon


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                                                      35292                    Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Proposed Rules

                                                      KMZ), to remain closed April 1–7, 2016,                 Chinook salmon abundance forecasts                     Prior notice and opportunity for public
                                                      and open April 8–30, 2016. Seven days                   and expected fishery effort supported                  comment was impracticable because
                                                      per week. All salmon except coho.                       the above inseason actions                             NMFS and the state agencies had
                                                      Chinook minimum size limit of 28                        recommended by the states of Oregon                    insufficient time to provide for prior
                                                      inches total length. All vessels fishing in             and California. The states manage the                  notice and the opportunity for public
                                                      the area must land their fish in the state              fisheries in state waters adjacent to the              comment between the time Chinook
                                                      of Oregon. Gear restrictions same as in                 areas of the U.S. exclusive economic                   salmon catch and effort projections were
                                                      2015.                                                   zone in accordance with these Federal                  developed and fisheries impacts were
                                                         Effective dates: Inseason action #5                  actions. As provided by the inseason                   calculated, and the time the fishery
                                                      superseded inseason action #2 on April                  notice procedures of 50 CFR 660.411,                   modifications had to be implemented in
                                                      1, 2016, and remained in effect through                 actual notice of the described regulatory              order to ensure that fisheries are
                                                      April 30, 2016.                                         actions was given, prior to the time the               managed based on the best available
                                                         Reason and authorization for the                     action was effective, by telephone                     scientific information, ensuring that
                                                      action: The purpose of this action was                  hotline numbers 206–526–6667 and                       conservation objectives and ESA
                                                      to conserve fishery impacts on KRFC                     800–662–9825, and by U.S. Coast Guard                  consultation standards are not
                                                      while allowing access to more abundant                  Notice to Mariners broadcasts on                       exceeded. The AA also finds good cause
                                                      stocks. Inseason action to modify quotas                Channel 16 VHF–FM and 2182 kHz.                        to waive the 30-day delay in
                                                      and/or fishing seasons is authorized by                                                                        effectiveness required under 5 U.S.C.
                                                      50 CFR 660.409(b)(1)(i).                                Classification                                         553(d)(3), as a delay in effectiveness of
                                                         Consultation date and participants:                                                                         these actions would allow fishing at
                                                      Consultation on inseason action #5                         The Assistant Administrator for
                                                                                                              Fisheries, NOAA (AA), finds that good                  levels inconsistent with the goals of the
                                                      occurred on March 13, 2016.                                                                                    FMP and the current management
                                                      Participants in this consultation were                  cause exists for this notification to be
                                                                                                              issued without affording prior notice                  measures.
                                                      staff from NMFS, CDFW, and ODFW.
                                                      Council staff was unavailable to                        and opportunity for public comment                        These actions are authorized by 50
                                                      participate in the consultation, but was                under 5 U.S.C. 553(b)(B) because such                  CFR 660.409 and 660.411 and are
                                                      advised of the RA’s decision after the                  notification would be impracticable. As                exempt from review under Executive
                                                      consultation concluded.                                 previously noted, actual notice of the                 Order 12866.
                                                         All other restrictions and regulations               regulatory actions was provided to                       Authority: 16 U.S.C. 1801 et seq.
                                                      remain in effect as announced for the                   fishers through telephone hotline and                    Dated: May 27, 2016.
                                                      2015 ocean salmon fisheries and 2016                    radio notification. These actions comply
                                                                                                                                                                     Emily H. Menashes,
                                                      salmon fisheries opening prior to May 1,                with the requirements of the annual
                                                                                                              management measures for ocean salmon                   Acting Director, Office of Sustainable
                                                      2016 (80 FR 25611, May 5, 2015) and as                                                                         Fisheries, National Marine Fisheries Service.
                                                      modified by prior inseason actions.                     fisheries (80 FR 25611, May 5, 2015),
                                                         The RA determined that the best                      the FMP, and regulations implementing                  [FR Doc. 2016–13035 Filed 6–1–16; 8:45 am]
                                                      available information indicated that                    the FMP, 50 CFR 660.409 and 660.411.                   BILLING CODE 3510–22–P
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




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Document Created: 2016-06-02 01:23:12
Document Modified: 2016-06-02 01:23:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionModification of fishing seasons; request for comments.
DatesThe effective dates for the inseason actions are set out in this document under the heading Inseason Actions. Comments will be accepted through June 17, 2016.
ContactPeggy Mundy at 206-526-4323.
FR Citation81 FR 35290 
RIN Number0648-XE52

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