82 FR 28785 - Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #1 Through #4
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 121 (June 26, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 121 (June 26, 2017)
| Page Range | 28785-28787 | |
| FR Document | 2017-13307 |
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)] [Rules and Regulations] [Pages 28785-28787] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13307] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 151117999-6370-01] RIN 0648-XF355 Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #1 Through #4 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of fishing seasons; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS announces four 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 July 11, 2017. 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: Barry A. Thom, Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-6349. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323. SUPPLEMENTARY INFORMATION: Background In the 2016 annual management measures for ocean salmon fisheries (81 FR 26157, May 2, 2016), 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, 2016, and 2017 salmon fisheries opening earlier than May 1, 2017. 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). [[Page 28786]] 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, OR, to Humbug Mountain, OR, previously scheduled to open March 15, 2017, to remain closed through April 14, 2017. Effective dates: Inseason action #1 took effect on March 15, 2017, and remained in effect until superseded by inseason action #4 on April 15, 2017. 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 2017. On the basis of these forecasts, the Regional Administrator (RA) determined that fisheries south of Cape Falcon, OR, will be constrained in 2017 to comply with the harvest control rule for KRFC, specified in the Pacific Coast Salmon Fishery Management Plan (FMP). Inseason actions to modify quotas and/or fishing seasons are authorized by 50 CFR 660.409(b)(1)(i). Consultation date and participants: Consultation on inseason action #1 occurred on March 12, 2017. Participants in this consultation were staff from NMFS, CDFW, ODFW, and Council staff. Inseason Action #2 Description of action: Inseason action #2 modified the commercial salmon fishery from Humbug Mountain, OR, to the Oregon/California Border (Oregon KMZ), previously scheduled to open March 15, 2017, to remain closed through April 30, 2017. Effective dates: Inseason action #2 took effect on March 15, 2017, and remained in effect through April 30, 2017. 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 2017. On the basis of these forecasts, the RA determined that fisheries south of Cape Falcon, OR, will be constrained in 2017 to comply with the harvest control rule for KRFC, specified in the FMP. Inseason actions to modify quotas and/or fishing seasons are authorized by 50 CFR 660.409(b)(1)(i). Consultation date and participants: Consultation on inseason action #2 occurred on March 12, 2017. Participants in this consultation were staff from NMFS, CDFW, ODFW, and Council staff. 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, 2017. Effective dates: Inseason action #3 took effect on April 16, 2017, and remained in effect through April 30, 2017. 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 2017. On the basis of these forecasts, the RA determined that fisheries south of Cape Falcon, OR, will be constrained in 2017 to comply with the harvest control rule for KRFC, specified in the FMP. Inseason actions to modify quotas and/or fishing seasons are authorized by 50 CFR 660.409(b)(1)(i). Consultation date and participants: Consultation on inseason action #3 occurred on March 12, 2017. Participants in this consultation were staff from NMFS, CDFW, ODFW, and Council staff. Inseason Action #4 Description of action: Inseason action #4 modified the commercial salmon fishery from Cape Falcon, OR, to Humbug Mountain, OR. Under inseason action #1, above, this fishery, which was previously scheduled to open March 15, 2017, was closed through April 14, 2017. Under inseason action #4, the management area was divided at Florence South Jetty, OR, into two management areas; the fishery from Florence South Jetty, OR, to Humbug Mountain, OR, which remained closed through April 30, 2017; and the fishery from Cape Falcon, OR, to Florence South Jetty, OR, which opened April 15 through April 30, 2017, with the same landing requirements and gear restrictions as announced in the 2016 management measures (81 FR 26157, May 2, 2016). Effective dates: Inseason action #4 superseded inseason action #1 on April 15, 2017, and remained in effect through April 30, 2017. Reason and authorization for the action: The purpose of this action was to manage fishery impacts on KRFC while allowing access to more abundant stocks. On the basis of salmon abundance forecasts, the RA determined that fisheries south of Cape Falcon, OR, will be constrained in 2017 to comply with the harvest control rule for KRFC, specified in the FMP. Inseason actions to modify quotas and/or fishing seasons are authorized by 50 CFR 660.409(b)(1)(i); inseason actions to modify boundaries, including landing boundaries, and establish closed areas are authorized by 50 CFR 660.409(b)(1)(v). Consultation date and participants: Consultation on inseason action #4 occurred on April 10, 2017. Participants in this consultation were staff from NMFS, CDFW, ODFW, and Council staff. All other restrictions and regulations remained in effect as announced for the 2016 ocean salmon fisheries and 2017 salmon fisheries opening prior to May 1, 2017 (81 FR 26157, May 2, 2016) 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. [[Page 28787]] 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 (81 FR 26157, May 25, 2016), 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 Endangered Species Act 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: June 21, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-13307 Filed 6-23-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations 28785
whether the appraiser meets the (i) Purchase at probate under 43 CFR Atmospheric Administration (NOAA),
requirements of § 100.200. part 30; Commerce.
(ii) The Land Buy-Back Program for ACTION: Modification of fishing seasons;
§ 100.203 What must the tribe or individual Tribal Nations;
Indian submit to the Secretary for a request for comments.
(iii) An acquisition by the United
verification of the appraiser’s
States to which the Uniform Appraisal SUMMARY: NMFS announces four
qualifications?
Standards for Federal Land Acquisitions inseason actions in the ocean salmon
The tribe or individual Indian must fisheries. These inseason actions
applies; or
submit the following with the appraisal modified the commercial salmon
(iv) Specific legislation requiring the
or valuation: fisheries in the area from Cape Falcon,
(a) A copy of the appraiser’s current Department to review and approve an
appraisal or valuation. OR, to Point Arena, CA.
Certified General Appraiser license;
(b) A copy of the appraiser’s DATES: The effective dates for the
§ 100.302 May I request Departmental
qualifications statement; review of an appraisal even if a qualified
inseason actions are set out in this
(c) The appraiser’s self-certification appraiser completed the appraisal or document under the heading Inseason
that the appraiser meets the criteria in valuation? Actions. Comments will be accepted
§ 100.200; and If you do not specifically request through July 11, 2017.
(d) If the property contains natural waiver of Departmental review and ADDRESSES: You may submit comments,
resource elements that contribute to the approval under § 100.300(a)(1), the identified by NOAA–NMFS–2016–0007,
value of the property, such as timber or Department will review the appraisal or by any one of the following methods:
minerals, a list of the appraiser’s valuation. • Electronic Submissions: Submit all
additional qualifications for the specific electronic public comments via the
type of property being valued in the § 100.303 What happens if the Indian tribe Federal eRulemaking Portal. Go to
appraisal report. or individual Indian does not agree with the www.regulations.gov/
appraisal or valuation prepared by their #!docketDetail;D=NOAA-NMFS-2016-
§ 100.204 When must the tribe or qualified appraiser?
0007, click the ‘‘Comment Now!’’ icon,
individual Indian submit a package for If the Indian tribe or individual Indian
Secretarial verification of appraiser
complete the required fields, and enter
does not agree with the appraisal or or attach your comments.
qualifications?
valuation prepared by their qualified • Mail: Barry A. Thom, Regional
The tribe or individual Indian must appraiser, the Indian tribe or individual Administrator, West Coast Region,
submit the package of appraiser Indian should not submit the appraisal NMFS, 7600 Sand Point Way NE.,
qualifications to the Secretary with the or valuation under this part. Seattle, WA 98115–6349.
appraisal or valuation.
Instructions: Comments sent by any
§ 100.304 Is the Department liable if it
Subpart C—Appraisals and Valuations; approves a transaction for Indian property other method, to any other address or
Departmental Review and Waivers based on an appraisal or valuation prepared individual, or received after the end of
by a qualified appraiser? the comment period, may not be
§ 100.300 Must I submit an appraisal or The Department is not liable for any considered by NMFS. All comments
valuation to the Department? received are a part of the public record
deficient or inaccurate appraisal or
Appraisals and valuations of Indian valuation provided by the tribe or and will generally be posted for public
property must be submitted to us if individual Indian that it did not review viewing on www.regulations.gov
relied upon or required for transactions or approve, even if the Department without change. All personal identifying
requiring Secretarial approval under approved a transaction for Indian information (e.g., name, address, etc.),
titles 25 and 43 of the CFR (other than property (including but not limited to a confidential business information, or
those under the Federal Land Policy and lease, grant, sale, or purchase) based on otherwise sensitive information
Management Act). the appraisal or valuation. submitted voluntarily by the sender will
be publicly accessible. NMFS will
§ 100.301 Will the Department review and Dated: June 20, 2017. accept anonymous comments (enter ‘‘N/
approve my appraisal or valuation? James E. Cason, A’’ in the required fields if you wish to
(a) The Department will not review Associate Deputy Secretary. remain anonymous).
the appraisal or valuation of Indian [FR Doc. 2017–13191 Filed 6–23–17; 8:45 am] FOR FURTHER INFORMATION CONTACT:
property and the appraisal or valuation
will be considered final as long as:
BILLING CODE 4337–15–P Peggy Mundy at 206–526–4323.
(1) The submission acknowledges the SUPPLEMENTARY INFORMATION:
intent of the Indian tribe or individual Background
Indian to waive Departmental review DEPARTMENT OF COMMERCE
and approval; In the 2016 annual management
National Oceanic and Atmospheric measures for ocean salmon fisheries (81
(2) The appraisal or valuation was
Administration FR 26157, May 2, 2016), NMFS
completed by a qualified appraiser
meeting the requirements of this part; announced the commercial and
50 CFR Part 660 recreational fisheries in the area from
and
(3) No owner of any interest in the [Docket No. 151117999–6370–01] the U.S./Canada border to the U.S./
Indian property objects to use of the Mexico border, beginning May 1, 2016,
RIN 0648–XF355 and 2017 salmon fisheries opening
appraisal or valuation without
sradovich on DSK3GMQ082PROD with RULES
Departmental review and approval. Fisheries Off West Coast States; earlier than May 1, 2017. NMFS is
(b) The Department must review and Modifications of the West Coast authorized to implement inseason
approve the appraisal or valuation if: Commercial Salmon Fisheries; management actions to modify fishing
(1) Any of the criteria in paragraph (a) Inseason Actions #1 Through #4 seasons and quotas as necessary to
of this section are not met; or provide fishing opportunity while
(2) The appraisal or valuation was AGENCY: National Marine Fisheries meeting management objectives for the
submitted for: Service (NMFS), National Oceanic and affected species (50 CFR 660.409).
VerDate Sep<11>2014 16:07 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\26JNR1.SGM 26JNR1](https://thefederalregister.org/doc/82_FR_28906/page/1.svg)
![Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations 28787
Classification Prior notice and opportunity for public 553(d)(3), as a delay in effectiveness of
comment was impracticable because these actions would allow fishing at
The Assistant Administrator for NMFS and the state agencies had levels inconsistent with the goals of the
Fisheries, NOAA (AA), finds that good insufficient time to provide for prior FMP and the current management
cause exists for this notification to be notice and the opportunity for public measures.
issued without affording prior notice comment between the time Chinook
and opportunity for public comment These actions are authorized by 50
salmon catch and effort projections were
under 5 U.S.C. 553(b)(B) because such developed and fisheries impacts were CFR 660.409 and 660.411 and are
notification would be impracticable. As calculated, and the time the fishery exempt from review under Executive
previously noted, actual notice of the modifications had to be implemented in Order 12866.
regulatory actions was provided to order to ensure that fisheries are Authority: 16 U.S.C. 1801 et seq.
fishers through telephone hotline and managed based on the best available Dated: June 21, 2017.
radio notification. These actions comply scientific information, ensuring that
with the requirements of the annual conservation objectives and Endangered Emily H. Menashes,
management measures for ocean salmon Species Act consultation standards are Acting Director, Office of Sustainable
fisheries (81 FR 26157, May 25, 2016), not exceeded. The AA also finds good Fisheries, National Marine Fisheries Service.
the FMP, and regulations implementing cause to waive the 30-day delay in [FR Doc. 2017–13307 Filed 6–23–17; 8:45 am]
the FMP, 50 CFR 660.409 and 660.411. effectiveness required under 5 U.S.C. BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES
VerDate Sep<11>2014 16:07 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00039 Fmt 4700 Sfmt 9990 E:\FR\FM\26JNR1.SGM 26JNR1](https://thefederalregister.org/doc/82_FR_28906/page/3.svg)
Document Created: 2018-11-14 10:11:27
Document Modified: 2018-11-14 10:11:27
| 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 July 11, 2017. | |
| Contact | Peggy Mundy at 206-526-4323. | |
| FR Citation | 82 FR 28785 | |
| RIN Number | 0648-XF35 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR