81_FR_96142 81 FR 95892 - Fraser River Sockeye Salmon Fisheries; Inseason Orders

81 FR 95892 - Fraser River Sockeye Salmon Fisheries; Inseason Orders

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range95892-95893
FR Document2016-31526

NMFS publishes Fraser River salmon inseason orders to regulate treaty and non-treaty (all citizen) commercial salmon fisheries in U.S. waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during the 2016 salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty Indian and all citizen commercial fisheries during the period the Panel exercised jurisdiction over these fisheries. In 2016, only treaty Indian fisheries were affected by these orders.

Federal Register, Volume 81 Issue 250 (Thursday, December 29, 2016)
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Rules and Regulations]
[Pages 95892-95893]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31526]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XE860


Fraser River Sockeye Salmon Fisheries; Inseason Orders

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary orders; inseason orders.

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

SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate 
treaty and non-treaty (all citizen) commercial salmon fisheries in U.S. 
waters. The orders were issued by the Fraser River Panel (Panel) of the 
Pacific Salmon Commission (Commission) and subsequently approved and 
issued by NMFS during the 2016 salmon fisheries within the U.S. Fraser 
River Panel Area. These orders established fishing dates, times, and 
areas for the gear types of U.S. treaty Indian and all citizen 
commercial fisheries during the period the Panel exercised jurisdiction 
over these fisheries. In 2016, only treaty Indian fisheries were 
affected by these orders.

DATES: The effective dates for the inseason orders are set out in this 
document under the heading Inseason Orders.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.

SUPPLEMENTARY INFORMATION: The Treaty between the Government of the 
United States of America and the Government of Canada concerning 
Pacific Salmon was signed at Ottawa on January 28, 1985, and 
subsequently was given effect in the United States by the Pacific 
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
    Under authority of the Act, Federal regulations at 50 CFR part 300, 
subpart F, provide a framework for the implementation of certain 
regulations of the Commission and inseason orders of the Commission's 
Fraser River Panel for U.S. sockeye and pink salmon fisheries in the 
Fraser River Panel Area.
    The regulations close the U.S. portion of the Fraser River Panel 
Area to U.S. sockeye and pink salmon tribal and non-tribal commercial 
fishing unless opened by Panel orders that are given effect by inseason 
regulations published by NMFS. During the fishing season, NMFS may 
issue regulations that establish fishing times and areas consistent 
with the Commission agreements and inseason orders of the Panel. Such 
orders must be consistent with domestic legal obligations and are 
issued by the Regional Administrator, West Coast Region, NMFS. Official 
notification of these inseason actions is provided by two telephone 
hotline numbers described at 50 CFR 300.97(b)(1) and in 81 FR 26157 
(May 2, 2016). The inseason orders are published in the Federal 
Register as soon as practicable after they are issued. Due to the 
frequency with which inseason orders are issued, publication of 
individual orders is impractical.

Inseason Orders

    The following inseason orders were adopted by the Panel and issued 
for U.S. fisheries by NMFS during the 2016 fishing season. Each of the 
following inseason actions were effective upon announcement on 
telephone hotline numbers as specified at 50 CFR 300.97(b)(1) and in 81 
FR 26157 (May 2, 2016); those dates and times are listed herein. The 
times listed are local times, and the areas designated are Puget Sound 
Management and Catch Reporting Areas as defined in the Washington State 
Administrative Code at Chapter 220-22.

Fraser River Panel Order Number 2016-01: Issued 12:32 p.m., July 22, 
2016

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Open to drift gillnets 12 p.m. (noon), 
Saturday, July 23, 2016, to 12 p.m. (noon), Wednesday, July 27, 2016.

Fraser River Panel Order Number 2016-02: Issued 11:46 a.m., July 26, 
2016

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Wednesday, July 27, 2016, to 12 p.m. (noon), Saturday, July 30, 2016.

Fraser River Panel Order Number 2016-03: Issued 12:52 p.m., July 29, 
2016

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Saturday, July 30, 2016, to 12 p.m. (noon), Wednesday, August 3, 2016.

Fraser River Panel Order Number 2016-04: Issued 11:47 a.m., August 2, 
2016

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Wednesday, August 3, 2016, to 12 p.m. (noon), Saturday, August 6, 2016.

Fraser River Panel Order Number 2016-05: Issued 2:32 p.m., August 26, 
2016

Treaty Indian and All Citizen Fisheries
    Areas 4B, 5, 6, 6C, 7, and 7A, excluding the Apex: Relinquish 
regulatory control effective 11:59 p.m. (midnight), Saturday, September 
3, 2016. The Apex is those waters north and west of the Area 7A ``East 
Point Line,'' defined as a line projected from the low water range 
marker in Boundary Bay on the U.S./Canada border through the east tip 
of Point Roberts, WA, to the East Point Light on Saturna Island in the 
Canadian Province of British Columbia.

[[Page 95893]]

Classification

    The Assistant Administrator for Fisheries NOAA (AA), finds that 
good cause exists for the inseason orders to be issued without 
affording the public prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is 
impracticable and contrary to the public interest. Prior notice and 
opportunity for public comment is impracticable because NMFS has 
insufficient time to allow for prior notice and opportunity for public 
comment between the time the stock abundance information is available 
to determine how much fishing can be allowed and the time the fishery 
must open and close in order to harvest the appropriate amount of fish 
while they are available.
    The AA also finds good cause to waive the 30-day delay in the 
effective date, required under 5 U.S.C. 553(d)(3), of the inseason 
orders. A delay in the effective date of the inseason orders would not 
allow fishers appropriately controlled access to the available fish at 
that time they are available.
    This action is authorized by 50 CFR 300.97, and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 3636(b).

    Dated: December 22, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-31526 Filed 12-28-16; 8:45 am]
BILLING CODE 3510-22-P



                                             95892            Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations

                                                (2) The list entry:

                                                 CY 2016 National Average Ansthesia Conversion Factor                                                                                      21,9935

                                             CY 2017 RVU Budget Neutrality Adjustment .............................     0.013 percent (0.99987).



                                             is corrected to read:

                                                CY 2016 National Average Anesthesia Conversion Factor                                                                                      21.9935

                                             CY 2017 RVU Budget Neutrality Adjustment .............................     ¥0.013 percent (0.99987).



                                               Dated: December 22, 2016.                              Government of Canada concerning                       Washington State Administrative Code
                                             Wilma M. Robinson,                                       Pacific Salmon was signed at Ottawa on                at Chapter 220–22.
                                             Deputy Executive Secretary to the                        January 28, 1985, and subsequently was
                                             Department, Department of Health and                     given effect in the United States by the              Fraser River Panel Order Number 2016–
                                             Human Services.                                          Pacific Salmon Treaty Act (Act) at 16                 01: Issued 12:32 p.m., July 22, 2016
                                             [FR Doc. 2016–31649 Filed 12–28–16; 8:45 am]             U.S.C. 3631–3644.                                     Treaty Indian Fishery
                                             BILLING CODE 4120–01–P                                      Under authority of the Act, Federal
                                                                                                      regulations at 50 CFR part 300, subpart                  Areas 4B, 5, and 6C: Open to drift
                                                                                                      F, provide a framework for the                        gillnets 12 p.m. (noon), Saturday, July
                                             DEPARTMENT OF COMMERCE                                   implementation of certain regulations of              23, 2016, to 12 p.m. (noon), Wednesday,
                                                                                                      the Commission and inseason orders of                 July 27, 2016.
                                             National Oceanic and Atmospheric                         the Commission’s Fraser River Panel for               Fraser River Panel Order Number 2016–
                                             Administration                                           U.S. sockeye and pink salmon fisheries                02: Issued 11:46 a.m., July 26, 2016
                                                                                                      in the Fraser River Panel Area.
                                             50 CFR Part 300                                             The regulations close the U.S. portion             Treaty Indian Fishery
                                             RIN 0648–XE860                                           of the Fraser River Panel Area to U.S.                   Areas 4B, 5, and 6C: Extend for drift
                                                                                                      sockeye and pink salmon tribal and                    gillnets from 12 p.m. (noon),
                                             Fraser River Sockeye Salmon                              non-tribal commercial fishing unless                  Wednesday, July 27, 2016, to 12 p.m.
                                             Fisheries; Inseason Orders                               opened by Panel orders that are given                 (noon), Saturday, July 30, 2016.
                                                                                                      effect by inseason regulations published
                                             AGENCY:  National Marine Fisheries
                                                                                                      by NMFS. During the fishing season,                   Fraser River Panel Order Number 2016–
                                             Service (NMFS), National Oceanic and
                                                                                                      NMFS may issue regulations that                       03: Issued 12:52 p.m., July 29, 2016
                                             Atmospheric Administration (NOAA),
                                                                                                      establish fishing times and areas
                                             Commerce.                                                                                                      Treaty Indian Fishery
                                                                                                      consistent with the Commission
                                             ACTION: Temporary orders; inseason                       agreements and inseason orders of the
                                             orders.                                                                                                           Areas 4B, 5, and 6C: Extend for drift
                                                                                                      Panel. Such orders must be consistent                 gillnets from 12 p.m. (noon), Saturday,
                                             SUMMARY:   NMFS publishes Fraser River                   with domestic legal obligations and are               July 30, 2016, to 12 p.m. (noon),
                                             salmon inseason orders to regulate                       issued by the Regional Administrator,                 Wednesday, August 3, 2016.
                                             treaty and non-treaty (all citizen)                      West Coast Region, NMFS. Official
                                             commercial salmon fisheries in U.S.                      notification of these inseason actions is             Fraser River Panel Order Number 2016–
                                             waters. The orders were issued by the                    provided by two telephone hotline                     04: Issued 11:47 a.m., August 2, 2016
                                             Fraser River Panel (Panel) of the Pacific                numbers described at 50 CFR
                                                                                                                                                            Treaty Indian Fishery
                                             Salmon Commission (Commission) and                       300.97(b)(1) and in 81 FR 26157 (May 2,
                                             subsequently approved and issued by                      2016). The inseason orders are                           Areas 4B, 5, and 6C: Extend for drift
                                             NMFS during the 2016 salmon fisheries                    published in the Federal Register as                  gillnets from 12 p.m. (noon),
                                             within the U.S. Fraser River Panel Area.                 soon as practicable after they are issued.            Wednesday, August 3, 2016, to 12 p.m.
                                             These orders established fishing dates,                  Due to the frequency with which                       (noon), Saturday, August 6, 2016.
                                             times, and areas for the gear types of                   inseason orders are issued, publication
                                                                                                      of individual orders is impractical.                  Fraser River Panel Order Number 2016–
                                             U.S. treaty Indian and all citizen                                                                             05: Issued 2:32 p.m., August 26, 2016
                                             commercial fisheries during the period                   Inseason Orders
                                             the Panel exercised jurisdiction over                                                                          Treaty Indian and All Citizen Fisheries
                                             these fisheries. In 2016, only treaty                       The following inseason orders were
                                             Indian fisheries were affected by these                  adopted by the Panel and issued for U.S.                Areas 4B, 5, 6, 6C, 7, and 7A,
                                             orders.                                                  fisheries by NMFS during the 2016                     excluding the Apex: Relinquish
                                                                                                      fishing season. Each of the following                 regulatory control effective 11:59 p.m.
                                             DATES: The effective dates for the
                                                                                                      inseason actions were effective upon                  (midnight), Saturday, September 3,
                                             inseason orders are set out in this
                                                                                                      announcement on telephone hotline                     2016. The Apex is those waters north
                                             document under the heading Inseason
                                                                                                      numbers as specified at 50 CFR                        and west of the Area 7A ‘‘East Point
rmajette on DSK2TPTVN1PROD with RULES




                                             Orders.
                                                                                                      300.97(b)(1) and in 81 FR 26157 (May 2,               Line,’’ defined as a line projected from
                                             FOR FURTHER INFORMATION CONTACT:                         2016); those dates and times are listed               the low water range marker in Boundary
                                             Peggy Mundy at 206–526–4323.                             herein. The times listed are local times,             Bay on the U.S./Canada border through
                                             SUPPLEMENTARY INFORMATION:   The                         and the areas designated are Puget                    the east tip of Point Roberts, WA, to the
                                             Treaty between the Government of the                     Sound Management and Catch                            East Point Light on Saturna Island in the
                                             United States of America and the                         Reporting Areas as defined in the                     Canadian Province of British Columbia.


                                        VerDate Sep<11>2014    14:51 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00040   Fmt 4700   Sfmt 4700   E:\FR\FM\29DER1.SGM   29DER1


                                                              Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations                                       95893

                                             Classification                                           ACTION:   Final rule.                                 Conservation and Management Act
                                                The Assistant Administrator for                                                                             (Magnuson-Stevens Act).
                                                                                                      SUMMARY:    NMFS issues regulations to
                                             Fisheries NOAA (AA), finds that good                                                                             On December 4, 2013, NMFS
                                                                                                      implement Regulatory Amendment 16
                                             cause exists for the inseason orders to be                                                                     published a notice of intent to prepare
                                                                                                      to the Fishery Management Plan for the
                                             issued without affording the public                                                                            a draft EIS for Regulatory Amendment
                                                                                                      Snapper-Grouper Fishery of the South
                                             prior notice and opportunity for                                                                               16 and requested public comment (78
                                                                                                      Atlantic Region (FMP), as prepared and
                                             comment under 5 U.S.C. 553(b)(B) as                                                                            FR 72968). On October 23, 2015, the
                                                                                                      submitted by the South Atlantic Fishery
                                             such prior notice and opportunity for                                                                          notice of availability for the draft EIS
                                                                                                      Management Council (Council). This
                                             comments is impracticable and contrary                                                                         was published and public comment was
                                                                                                      final rule revises the current seasonal
                                             to the public interest. Prior notice and                                                                       also requested (80 FR 64409). The notice
                                                                                                      prohibition on the use of black sea bass
                                             opportunity for public comment is                                                                              of availability for the final EIS for
                                                                                                      pot gear in the South Atlantic and adds
                                             impracticable because NMFS has                                                                                 Regulatory Amendment 16 published on
                                                                                                      an additional gear marking requirement
                                             insufficient time to allow for prior                                                                           July 1, 2016 (81 FR 43198). On August
                                                                                                      for black sea bass pot gear. The purpose
                                             notice and opportunity for public                                                                              11, 2016, NMFS published a proposed
                                                                                                      of this final rule is to reduce the adverse
                                             comment between the time the stock                                                                             rule for Regulatory Amendment 16 and
                                                                                                      socioeconomic impacts from the current
                                             abundance information is available to                                                                          requested public comment (81 FR
                                                                                                      seasonal black sea bass pot gear
                                             determine how much fishing can be                                                                              53109). The proposed rule and
                                                                                                      prohibition while continuing to protect
                                             allowed and the time the fishery must                                                                          Regulatory Amendment 16 outline the
                                                                                                      Endangered Species Act (ESA) listed
                                             open and close in order to harvest the                                                                         rationale for the actions contained in
                                                                                                      North Atlantic right whales (NARW)in
                                             appropriate amount of fish while they                                                                          this final rule. A summary of the actions
                                                                                                      the South Atlantic. This final rule also
                                             are available.                                                                                                 implemented by Regulatory
                                                                                                      helps to better identify black sea bass
                                                The AA also finds good cause to                                                                             Amendment 16 and this final rule is
                                                                                                      pot gear in the South Atlantic.
                                             waive the 30-day delay in the effective                                                                        provided below.
                                             date, required under 5 U.S.C. 553(d)(3),                 DATES: This rule is effective January 30,
                                             of the inseason orders. A delay in the                   2017, except for the amendments to                    Management Measures Contained in
                                             effective date of the inseason orders                    § 622.183(b)(6) that are effective                    this Final Rule
                                             would not allow fishers appropriately                    December 29, 2016.
                                                                                                                                                              This final rule implements
                                             controlled access to the available fish at               ADDRESSES: Electronic copies of                       modifications to the current black sea
                                             that time they are available.                            Regulatory Amendment 16, which                        bass pot seasonal closure. This final rule
                                                This action is authorized by 50 CFR                   includes an environmental impact                      also modifies the buoy line rope
                                             300.97, and is exempt from review                        statement (EIS), a Regulatory Flexibility             marking requirements for black sea bass
                                             under Executive Order 12866.                             Act (RFA) analysis, and a regulatory                  pots.
                                                Authority: 16 U.S.C. 3636(b).                         impact review, may be obtained from
                                                                                                      the Southeast Regional Office Web site                Black Sea Bass Pot Gear Seasonal
                                               Dated: December 22, 2016.                                                                                    Prohibition
                                                                                                      at https://sero.nmfs.noaa.gov/
                                             Alan D. Risenhoover,
                                                                                                      sustainable_fisheries/s_atl/sg/2013/reg_
                                             Director, Office of Sustainable Fisheries,                                                                        As established through Regulatory
                                                                                                      am16/index.html.
                                             National Marine Fisheries Service.                                                                             Amendment 19 to the FMP, black sea
                                                                                                         Comments regarding the burden-hour                 bass pot gear is prohibited in the South
                                             [FR Doc. 2016–31526 Filed 12–28–16; 8:45 am]
                                                                                                      estimates, clarity of the instructions, or            Atlantic exclusive economic zone (EEZ)
                                             BILLING CODE 3510–22–P
                                                                                                      other aspects of the collection of                    annually from November 1 through
                                                                                                      information requirements contained in                 April 30 (78 FR 58249, September 23,
                                                                                                      this final rule (see the Classification               2013). This final rule retains the
                                             DEPARTMENT OF COMMERCE
                                                                                                      section of the preamble) may be                       November 1 through April 30
                                             National Oceanic and Atmospheric                         submitted in writing to Adam Bailey,                  prohibition on the use of black sea bass
                                             Administration                                           Southeast Regional Office, NMFS, 263                  pots but modifies the boundaries of the
                                                                                                      13th Avenue South, St. Petersburg, FL                 prohibition. This rule revises the South
                                             50 CFR Part 622                                          33701; or the Office of Management and                Atlantic EEZ-wide seasonal closure to a
                                                                                                      Budget (OMB), by email at OIRA_                       closure with two temporal and spatial
                                             [Docket No. 131113952–6999–02]                           submission@omb.eop.gov, or by fax to                  components. The first closure period is
                                             RIN 0648–BD78                                            202–395–5806.                                         for the months of November and April
                                                                                                      FOR FURTHER INFORMATION CONTACT:                      and the second closure period is for the
                                             Fisheries of the Caribbean, Gulf of                      Nikhil Mehta, telephone: 727–824–                     months of December through March,
                                             Mexico, and South Atlantic; Snapper-                     5305, email: nikhil.mehta@noaa.gov.                   each year. The first closure period is
                                             Grouper Fishery Off the Southern
                                                                                                      SUPPLEMENTARY INFORMATION: Black sea                  illustrated by Figure 1 below. During the
                                             Atlantic States; Regulatory
                                                                                                      bass is in the snapper-grouper fishery                November and April seasonal
                                             Amendment 16
                                                                                                      and is managed under the FMP. The                     prohibition, the eastern boundary of the
                                             AGENCY:  National Marine Fisheries                       FMP was prepared by the Council and                   sea bass pot closed area off North and
                                             Service (NMFS), National Oceanic and                     is implemented through regulations at                 South Carolina is closer to shore than
                                             Atmospheric Administration (NOAA),                       50 CFR part 622 under the authority of                during the months of December through
                                             Commerce.                                                the Magnuson-Stevens Fishery                          March.
rmajette on DSK2TPTVN1PROD with RULES




                                        VerDate Sep<11>2014    14:51 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00041   Fmt 4700   Sfmt 4700   E:\FR\FM\29DER1.SGM   29DER1



Document Created: 2016-12-29 01:59:06
Document Modified: 2016-12-29 01:59:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary orders; inseason orders.
DatesThe effective dates for the inseason orders are set out in this document under the heading Inseason Orders.
ContactPeggy Mundy at 206-526-4323.
FR Citation81 FR 95892 
RIN Number0648-XE86

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR