82_FR_51378 82 FR 51166 - Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #12 Through #18

82 FR 51166 - Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #12 Through #18

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 212 (November 3, 2017)

Page Range51166-51168
FR Document2017-24019

NMFS announces seven inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial and recreational salmon fisheries in the area from the U.S./Canada border to Humbug Mountain, OR.

Federal Register, Volume 82 Issue 212 (Friday, November 3, 2017)
[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Rules and Regulations]
[Pages 51166-51168]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24019]



[[Page 51166]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 161222999-7413-01]
RIN 0648-XF715


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions #12 
Through #18

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

ACTION: Modification of fishing seasons.

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SUMMARY: NMFS announces seven inseason actions in the ocean salmon 
fisheries. These inseason actions modified the commercial and 
recreational salmon fisheries in the area from the U.S./Canada border 
to Humbug Mountain, OR.

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

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

SUPPLEMENTARY INFORMATION: 

Background

    In the 2017 annual management measures for ocean salmon fisheries 
(82 FR 19630, April 28, 2017), 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, 2017, and 2018 salmon fisheries 
opening earlier than May 1, 2018. NMFS is authorized to implement 
inseason management actions to modify fishing seasons and quotas as 
necessary to provide fishing opportunity while meeting management 
objectives for the affected species (50 CFR 660.409). Inseason actions 
in the salmon fishery may be taken directly by NMFS (50 CFR 
660.409(a)--Fixed inseason management provisions) or upon consultation 
with the Pacific Fishery Management Council (Council) and the 
appropriate State Directors (50 CFR 660.409(b)--Flexible inseason 
management provisions). The state management agencies that participated 
in the consultations described in this document were: California 
Department of Fish and Wildlife (CDFW), Oregon Department of Fish and 
Wildlife (ODFW), and Washington Department of Fish and Wildlife (WDFW).
    Management of the salmon fisheries is generally divided into two 
geographic areas: North of Cape Falcon (U.S./Canada border to Cape 
Falcon, OR) and south of Cape Falcon (Cape Falcon, OR, to the U.S./
Mexico border). The inseason actions reported in this document affected 
fisheries north and south of Cape Falcon. All times mentioned refer to 
Pacific daylight time.

Inseason Actions

Inseason Action #12

    Description of action: Inseason action #12 transferred 2,600 coho 
from the north of Falcon commercial fishery to the recreational fishery 
in the Westport subarea. The adjusted coho quota for the north of 
Falcon commercial fishery is 3,000. The adjusted coho quota for the 
Westport subarea is 18,140.
    Effective dates: Inseason action #12 took effect on August 10, 
2017, and remained in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to provide additional coho quota to the north of Cape Falcon 
recreational fishery in the Westport subarea in order to extend the 
season and avoid closing this subarea while adjacent subareas remained 
open. The commercial fishing representatives on the Council's Salmon 
Advisory Subpanel (SAS) supported the quota transfer. The Regional 
Administrator (RA) considered fishery effort and coho landings to date 
in the recreational and commercial fisheries, and determined that this 
inseason action was necessary to meet the management objectives set 
preseason. Inseason actions to modify quotas or fishing seasons are 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#12 occurred on August 10, 2017. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #13

    Description of action: Inseason action #13 transferred 500 coho 
from the north of Cape Falcon commercial salmon fishery and 1,027 coho 
from the north of Cape Falcon recreational salmon fishery in the 
Westport subarea to the north of Cape Falcon recreational salmon 
fishery in the Columbia River subarea. The revised recreational coho 
quota for the Westport subarea is 17,113, and the Columbia River 
subarea is 22,527. The revised coho quota for the north of Cape Falcon 
commercial fishery is 2,500.
    Effective dates: Inseason action #13 took effect on August 17, 
2017, and remained in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to provide additional coho quota to the north of Cape Falcon 
recreational fishery in the Columbia River subarea in order to extend 
the season and allow the adjacent Columbia River and Westport subareas 
to remain open for recreational salmon fishing until these subareas 
could be closed simultaneously through inseason action #16, below. The 
commercial fishing representatives on the Council's SAS supported the 
quota transfer. The RA considered fishery effort and coho landings to 
date in the recreational and commercial fisheries, and determined that 
this inseason action was necessary to meet the management objectives 
set preseason. Inseason actions to modify quotas or fishing seasons are 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#13 occurred on August 17, 2017. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #14

    Description of action: Inseason action #14 transferred 400 coho 
from the north of Cape Falcon recreational salmon fishery in the Neah 
Bay subarea to the north of Cape Falcon recreational salmon fishery in 
the La Push subarea. The revised coho quota for Neah Bay is 3,970, and 
for La Push 1,490.
    Effective dates: Inseason action #14 took effect on August 17, 
2017, and remained in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to provide additional coho quota to the north of Cape Falcon 
recreational fishery in the La Push subarea in order to extend the 
season in that subarea and allow the adjacent La Push and Neah Bay 
subareas to remain open for recreational salmon fishing until these 
subareas could be closed simultaneously on September 4, 2017, as 
scheduled preseason. The RA considered fishery effort and coho landings 
to date in the recreational fisheries, and determined that this 
inseason action was necessary to meet the management objectives set 
preseason. Inseason actions to modify quotas or fishing seasons are 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#14 occurred on August 17, 2017. Representatives from NMFS, WDFW,

[[Page 51167]]

ODFW, and the Council participated in this consultation.

Inseason Action #15

    Description of action: Inseason action #15 modified the open period 
in the commercial salmon fishery from the U.S./Canada border to the 
Queets River, WA, from five days per week (Friday through Tuesday) to 
seven days per week. Inseason action #15 also modified the landing and 
possession limit from 75 Chinook and 10 coho per vessel per open period 
to 100 Chinook and 10 coho per vessel per open period; this landing 
limit modification superseded inseason action #7 (82 FR 43192, 
September 14, 2017).
    Effective dates: Inseason action #15 took effect on August 21, 
2017, and remained in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to increase access to the available quota, as Chinook landings in 
the affected area were well below the level anticipated preseason. The 
RA considered Chinook landings to date and fishery effort, and 
determined that this inseason action was necessary to meet the 
management objectives set preseason. Inseason actions to modify quotas 
and/or fishing seasons are authorized by 50 CFR 660.409(b)(1)(i) and 
inseason actions to modify regulations limiting retention are 
authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#15 occurred on August 17, 2017. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #16

    Description of action: Inseason action #16 closed the north of Cape 
Falcon recreational salmon fisheries in the Columbia River and Westport 
subareas at 11:59 p.m., Tuesday, August 22, 2017.
    Effective dates: Inseason action #16 took effect August 22, 2017, 
and remains in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to avoid exceeding the coho quota for recreational fisheries from 
Leadbetter Point, WA, to Cape Falcon, OR. The RA considered coho 
landings to date and fishery effort, and determined that this inseason 
action was necessary to meet the management objectives for fishery 
impacts set preseason. Inseason actions to modify quotas or fishing 
seasons are authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#16 occurred on August 17, 2017. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #17

    Description of action: Inseason action #17 modified the quota in 
the recreational fishery in the area from Cape Falcon to Humbug 
Mountain. Unused coho quota from the mark-selective coho season, June 
24, 2017 through July 31, 2017, was transferred, on an impact-neutral 
basis, to the non-mark-selective coho fishery, scheduled for September 
2, 2017 through September 30, 2017. The adjusted quota for the non-
mark-selective coho fishery is 7,900 coho.
    Effective dates: Inseason action #17 took effect August 28, 2017 
and remains in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: This action was taken 
consistent with the annual management measures (82 FR 19630, April 28, 
2017) which provided that any remainder of the mark-selective quota may 
be transferred on an impact-neutral basis to the September non-mark-
selective quota from Cape Falcon to Humbug Mountain. The STT calculated 
that the quota transfer would add 1,900 coho to the 6,000 non-mark-
selective coho quota set preseason, for an adjusted quota of 7,900 
coho. The RA considered the landings from the mark-selective fishery 
and the STT's calculations and determined that this inseason action was 
necessary to meet the management objectives set preseason. Inseason 
action to modify quotas and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#17 occurred on August 28, 2017. Representatives from NMFS, ODFW, and 
CDFW participated in this consultation. Council staff were unavailable 
to participate but were notified of the RA's decision immediately after 
the consultation.

Inseason Action #18

    Description of action: Inseason action #18 closed the non-mark-
selective coho recreational salmon fishery from Cape Falcon, OR, to 
Humbug Mountain, OR, at 11:59 p.m., September 7, 2017, due to projected 
attainment of the non-mark-selective coho quota.
    Effective dates: Inseason action #18 took effect September 7, 2017, 
and remains in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to prevent exceeding the quota for the non-mark-selective coho 
fishery. The RA considered coho landings to date, and determined that 
this inseason action was necessary to meet the management objectives 
for fishery impacts set preseason. Inseason actions to modify quotas or 
fishing seasons are authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#18 occurred on September 6, 2017. Representatives from NMFS, ODFW, and 
CDFW participated in this consultation. Council staff were unavailable 
to participate but were notified of the RA's decision immediately after 
the consultation.
    All other restrictions and regulations remain in effect as 
announced for the 2017 ocean salmon fisheries and 2018 salmon fisheries 
opening prior to May 1, 2018 (82 FR 19631, April 28, 2017) and as 
modified by prior inseason actions.
    The RA determined that the best available information indicated 
that Chinook and coho salmon abundance forecasts, Chinook and coho 
salmon landings, and expected fishery effort supported the above 
inseason actions recommended by the states of Washington and Oregon. 
The states manage the fisheries in state waters adjacent to the areas 
of the U.S. exclusive economic zone in accordance with these federal 
actions. As provided by the inseason notice procedures of 50 CFR 
660.411, actual notice of the described regulatory actions was given, 
prior to the time the action was effective, by telephone hotline 
numbers 206-526-6667 and 800-662-9825, and by U.S. Coast Guard Notice 
to Mariners broadcasts on Channel 16 VHF-FM and 2182 kHz.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds that 
good cause exists for this notification to be issued without affording 
prior notice and opportunity for public comment under 5 U.S.C. 
553(b)(B) because such notification would be impracticable. As 
previously noted, actual notice of the regulatory actions was provided 
to fishers through telephone hotline and radio notification. These 
actions comply with the requirements of the annual management measures 
for ocean salmon fisheries (82 FR 19631, April 28, 2017), the Pacific 
Coast Salmon Fishery Management Plan (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

[[Page 51168]]

between the time Chinook and coho 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: October 31, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24019 Filed 11-2-17; 8:45 am]
BILLING CODE 3510-22-P



                                                51166             Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations

                                                DEPARTMENT OF COMMERCE                                    Management of the salmon fisheries is               remained in effect through the end of
                                                                                                        generally divided into two geographic                 the 2017 salmon fishing season.
                                                National Oceanic and Atmospheric                        areas: North of Cape Falcon (U.S./                       Reason and authorization for the
                                                Administration                                          Canada border to Cape Falcon, OR) and                 action: The purpose of this action was
                                                                                                        south of Cape Falcon (Cape Falcon, OR,                to provide additional coho quota to the
                                                50 CFR Part 660                                         to the U.S./Mexico border). The                       north of Cape Falcon recreational
                                                [Docket No. 161222999–7413–01]                          inseason actions reported in this                     fishery in the Columbia River subarea in
                                                                                                        document affected fisheries north and                 order to extend the season and allow the
                                                RIN 0648–XF715                                          south of Cape Falcon. All times                       adjacent Columbia River and Westport
                                                                                                        mentioned refer to Pacific daylight time.             subareas to remain open for recreational
                                                Fisheries Off West Coast States;
                                                                                                        Inseason Actions                                      salmon fishing until these subareas
                                                Modifications of the West Coast
                                                                                                                                                              could be closed simultaneously through
                                                Commercial and Recreational Salmon                      Inseason Action #12                                   inseason action #16, below. The
                                                Fisheries; Inseason Actions #12
                                                                                                           Description of action: Inseason action             commercial fishing representatives on
                                                Through #18
                                                                                                        #12 transferred 2,600 coho from the                   the Council’s SAS supported the quota
                                                AGENCY:  National Marine Fisheries                      north of Falcon commercial fishery to                 transfer. The RA considered fishery
                                                Service (NMFS), National Oceanic and                    the recreational fishery in the Westport              effort and coho landings to date in the
                                                Atmospheric Administration (NOAA),                      subarea. The adjusted coho quota for the              recreational and commercial fisheries,
                                                Commerce.                                               north of Falcon commercial fishery is                 and determined that this inseason
                                                ACTION: Modification of fishing seasons.                3,000. The adjusted coho quota for the                action was necessary to meet the
                                                                                                        Westport subarea is 18,140.                           management objectives set preseason.
                                                SUMMARY:   NMFS announces seven                            Effective dates: Inseason action #12               Inseason actions to modify quotas or
                                                inseason actions in the ocean salmon                    took effect on August 10, 2017, and                   fishing seasons are authorized by 50
                                                fisheries. These inseason actions                       remained in effect through the end of                 CFR 660.409(b)(1)(i).
                                                modified the commercial and                             the 2017 salmon fishing season.                          Consultation date and participants:
                                                recreational salmon fisheries in the area                  Reason and authorization for the                   Consultation on inseason action #13
                                                from the U.S./Canada border to Humbug                   action: The purpose of this action was                occurred on August 17, 2017.
                                                Mountain, OR.                                           to provide additional coho quota to the               Representatives from NMFS, WDFW,
                                                DATES: The effective dates for the                      north of Cape Falcon recreational                     ODFW, and the Council participated in
                                                inseason actions are set out in this                    fishery in the Westport subarea in order              this consultation.
                                                document under the heading Inseason                     to extend the season and avoid closing
                                                Actions.                                                this subarea while adjacent subareas                  Inseason Action #14
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        remained open. The commercial fishing                    Description of action: Inseason action
                                                Peggy Mundy at 206–526–4323.                            representatives on the Council’s Salmon               #14 transferred 400 coho from the north
                                                                                                        Advisory Subpanel (SAS) supported the                 of Cape Falcon recreational salmon
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        quota transfer. The Regional                          fishery in the Neah Bay subarea to the
                                                Background                                              Administrator (RA) considered fishery                 north of Cape Falcon recreational
                                                   In the 2017 annual management                        effort and coho landings to date in the               salmon fishery in the La Push subarea.
                                                measures for ocean salmon fisheries (82                 recreational and commercial fisheries,                The revised coho quota for Neah Bay is
                                                FR 19630, April 28, 2017), NMFS                         and determined that this inseason                     3,970, and for La Push 1,490.
                                                announced the commercial and                            action was necessary to meet the                         Effective dates: Inseason action #14
                                                recreational fisheries in the area from                 management objectives set preseason.                  took effect on August 17, 2017, and
                                                the U.S./Canada border to the U.S./                     Inseason actions to modify quotas or                  remained in effect through the end of
                                                                                                        fishing seasons are authorized by 50                  the 2017 salmon fishing season.
                                                Mexico border, beginning May 1, 2017,
                                                                                                        CFR 660.409(b)(1)(i).                                    Reason and authorization for the
                                                and 2018 salmon fisheries opening
                                                                                                           Consultation date and participants:
                                                earlier than May 1, 2018. NMFS is                                                                             action: The purpose of this action was
                                                                                                        Consultation on inseason action #12
                                                authorized to implement inseason                                                                              to provide additional coho quota to the
                                                                                                        occurred on August 10, 2017.
                                                management actions to modify fishing                                                                          north of Cape Falcon recreational
                                                                                                        Representatives from NMFS, WDFW,
                                                seasons and quotas as necessary to                                                                            fishery in the La Push subarea in order
                                                                                                        ODFW, and the Council participated in
                                                provide fishing opportunity while                                                                             to extend the season in that subarea and
                                                                                                        this consultation.
                                                meeting management objectives for the                                                                         allow the adjacent La Push and Neah
                                                affected species (50 CFR 660.409).                      Inseason Action #13                                   Bay subareas to remain open for
                                                Inseason actions in the salmon fishery                     Description of action: Inseason action             recreational salmon fishing until these
                                                may be taken directly by NMFS (50 CFR                   #13 transferred 500 coho from the north               subareas could be closed
                                                660.409(a)—Fixed inseason                               of Cape Falcon commercial salmon                      simultaneously on September 4, 2017,
                                                management provisions) or upon                          fishery and 1,027 coho from the north                 as scheduled preseason. The RA
                                                consultation with the Pacific Fishery                   of Cape Falcon recreational salmon                    considered fishery effort and coho
                                                Management Council (Council) and the                    fishery in the Westport subarea to the                landings to date in the recreational
                                                appropriate State Directors (50 CFR                     north of Cape Falcon recreational                     fisheries, and determined that this
                                                660.409(b)—Flexible inseason                            salmon fishery in the Columbia River                  inseason action was necessary to meet
                                                management provisions). The state                       subarea. The revised recreational coho                the management objectives set
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                                                management agencies that participated                   quota for the Westport subarea is                     preseason. Inseason actions to modify
                                                in the consultations described in this                  17,113, and the Columbia River subarea                quotas or fishing seasons are authorized
                                                document were: California Department                    is 22,527. The revised coho quota for the             by 50 CFR 660.409(b)(1)(i).
                                                of Fish and Wildlife (CDFW), Oregon                     north of Cape Falcon commercial                          Consultation date and participants:
                                                Department of Fish and Wildlife                         fishery is 2,500.                                     Consultation on inseason action #14
                                                (ODFW), and Washington Department of                       Effective dates: Inseason action #13               occurred on August 17, 2017.
                                                Fish and Wildlife (WDFW).                               took effect on August 17, 2017, and                   Representatives from NMFS, WDFW,


                                           VerDate Sep<11>2014   15:05 Nov 02, 2017   Jkt 244001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\03NOR1.SGM   03NOR1


                                                                  Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations                                       51167

                                                ODFW, and the Council participated in                   occurred on August 17, 2017.                          non-mark-selective coho fishery. The
                                                this consultation.                                      Representatives from NMFS, WDFW,                      RA considered coho landings to date,
                                                                                                        ODFW, and the Council participated in                 and determined that this inseason
                                                Inseason Action #15
                                                                                                        this consultation.                                    action was necessary to meet the
                                                  Description of action: Inseason action                                                                      management objectives for fishery
                                                #15 modified the open period in the                     Inseason Action #17
                                                                                                                                                              impacts set preseason. Inseason actions
                                                commercial salmon fishery from the                         Description of action: Inseason action             to modify quotas or fishing seasons are
                                                U.S./Canada border to the Queets River,                 #17 modified the quota in the                         authorized by 50 CFR 660.409(b)(1)(i).
                                                WA, from five days per week (Friday                     recreational fishery in the area from                    Consultation date and participants:
                                                through Tuesday) to seven days per                      Cape Falcon to Humbug Mountain.                       Consultation on inseason action #18
                                                week. Inseason action #15 also modified                 Unused coho quota from the mark-                      occurred on September 6, 2017.
                                                the landing and possession limit from                   selective coho season, June 24, 2017                  Representatives from NMFS, ODFW,
                                                75 Chinook and 10 coho per vessel per                   through July 31, 2017, was transferred,               and CDFW participated in this
                                                open period to 100 Chinook and 10                       on an impact-neutral basis, to the non-               consultation. Council staff were
                                                coho per vessel per open period; this                   mark-selective coho fishery, scheduled                unavailable to participate but were
                                                landing limit modification superseded                   for September 2, 2017 through                         notified of the RA’s decision
                                                inseason action #7 (82 FR 43192,                        September 30, 2017. The adjusted quota                immediately after the consultation.
                                                September 14, 2017).                                    for the non-mark-selective coho fishery                  All other restrictions and regulations
                                                  Effective dates: Inseason action #15                  is 7,900 coho.                                        remain in effect as announced for the
                                                took effect on August 21, 2017, and                        Effective dates: Inseason action #17               2017 ocean salmon fisheries and 2018
                                                remained in effect through the end of                   took effect August 28, 2017 and remains               salmon fisheries opening prior to May 1,
                                                the 2017 salmon fishing season.                         in effect through the end of the 2017                 2018 (82 FR 19631, April 28, 2017) and
                                                  Reason and authorization for the                      salmon fishing season.                                as modified by prior inseason actions.
                                                action: The purpose of this action was                     Reason and authorization for the                      The RA determined that the best
                                                to increase access to the available quota,              action: This action was taken consistent              available information indicated that
                                                as Chinook landings in the affected area                with the annual management measures                   Chinook and coho salmon abundance
                                                were well below the level anticipated                   (82 FR 19630, April 28, 2017) which                   forecasts, Chinook and coho salmon
                                                preseason. The RA considered Chinook                    provided that any remainder of the                    landings, and expected fishery effort
                                                landings to date and fishery effort, and                mark-selective quota may be transferred               supported the above inseason actions
                                                determined that this inseason action                    on an impact-neutral basis to the                     recommended by the states of
                                                was necessary to meet the management                    September non-mark-selective quota                    Washington and Oregon. The states
                                                objectives set preseason. Inseason                      from Cape Falcon to Humbug Mountain.                  manage the fisheries in state waters
                                                actions to modify quotas and/or fishing                 The STT calculated that the quota                     adjacent to the areas of the U.S.
                                                seasons are authorized by 50 CFR                        transfer would add 1,900 coho to the                  exclusive economic zone in accordance
                                                660.409(b)(1)(i) and inseason actions to                6,000 non-mark-selective coho quota set               with these federal actions. As provided
                                                modify regulations limiting retention                   preseason, for an adjusted quota of                   by the inseason notice procedures of 50
                                                are authorized by 50 CFR                                7,900 coho. The RA considered the                     CFR 660.411, actual notice of the
                                                660.409(b)(1)(ii).                                      landings from the mark-selective fishery              described regulatory actions was given,
                                                  Consultation date and participants:                   and the STT’s calculations and                        prior to the time the action was
                                                Consultation on inseason action #15                     determined that this inseason action                  effective, by telephone hotline numbers
                                                occurred on August 17, 2017.                            was necessary to meet the management                  206–526–6667 and 800–662–9825, and
                                                Representatives from NMFS, WDFW,                        objectives set preseason. Inseason action             by U.S. Coast Guard Notice to Mariners
                                                ODFW, and the Council participated in                   to modify quotas and/or fishing seasons               broadcasts on Channel 16 VHF–FM and
                                                this consultation.                                      is authorized by 50 CFR 660.409(b)(1)(i).             2182 kHz.
                                                                                                           Consultation date and participants:                Classification
                                                Inseason Action #16
                                                                                                        Consultation on inseason action #17
                                                   Description of action: Inseason action               occurred on August 28, 2017.                             The Assistant Administrator for
                                                #16 closed the north of Cape Falcon                     Representatives from NMFS, ODFW,                      Fisheries, NOAA (AA), finds that good
                                                recreational salmon fisheries in the                    and CDFW participated in this                         cause exists for this notification to be
                                                Columbia River and Westport subareas                    consultation. Council staff were                      issued without affording prior notice
                                                at 11:59 p.m., Tuesday, August 22, 2017.                unavailable to participate but were                   and opportunity for public comment
                                                   Effective dates: Inseason action #16                 notified of the RA’s decision                         under 5 U.S.C. 553(b)(B) because such
                                                took effect August 22, 2017, and                        immediately after the consultation.                   notification would be impracticable. As
                                                remains in effect through the end of the                                                                      previously noted, actual notice of the
                                                2017 salmon fishing season.                             Inseason Action #18                                   regulatory actions was provided to
                                                   Reason and authorization for the                        Description of action: Inseason action             fishers through telephone hotline and
                                                action: The purpose of this action was                  #18 closed the non-mark-selective coho                radio notification. These actions comply
                                                to avoid exceeding the coho quota for                   recreational salmon fishery from Cape                 with the requirements of the annual
                                                recreational fisheries from Leadbetter                  Falcon, OR, to Humbug Mountain, OR,                   management measures for ocean salmon
                                                Point, WA, to Cape Falcon, OR. The RA                   at 11:59 p.m., September 7, 2017, due to              fisheries (82 FR 19631, April 28, 2017),
                                                considered coho landings to date and                    projected attainment of the non-mark-                 the Pacific Coast Salmon Fishery
                                                fishery effort, and determined that this                selective coho quota.                                 Management Plan (FMP), and
jstallworth on DSKBBY8HB2PROD with RULES




                                                inseason action was necessary to meet                      Effective dates: Inseason action #18               regulations implementing the FMP, 50
                                                the management objectives for fishery                   took effect September 7, 2017, and                    CFR 660.409 and 660.411. Prior notice
                                                impacts set preseason. Inseason actions                 remains in effect through the end of the              and opportunity for public comment
                                                to modify quotas or fishing seasons are                 2017 salmon fishing season.                           was impracticable because NMFS and
                                                authorized by 50 CFR 660.409(b)(1)(i).                     Reason and authorization for the                   the state agencies had insufficient time
                                                   Consultation date and participants:                  action: The purpose of this action was                to provide for prior notice and the
                                                Consultation on inseason action #16                     to prevent exceeding the quota for the                opportunity for public comment


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                                                51168                   Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations

                                                between the time Chinook and coho                                      DEPARTMENT OF COMMERCE                                 Fishery Management Council under
                                                salmon catch and effort projections were                                                                                      authority of the Magnuson-Stevens
                                                developed and fisheries impacts were                                   National Oceanic and Atmospheric                       Fishery Conservation and Management
                                                calculated, and the time the fishery                                   Administration                                         Act. Regulations governing fishing by
                                                modifications had to be implemented in                                                                                        U.S. vessels in accordance with the FMP
                                                order to ensure that fisheries are                                     50 CFR Part 679                                        appear at subpart H of 50 CFR part 600
                                                managed based on the best available                                    [Docket No. 161020985–7181–02]                         and 50 CFR part 679.
                                                scientific information, ensuring that                                  RIN 0648–XF808                                            The 2017 flathead sole, rock sole, and
                                                conservation objectives and Endangered                                                                                        yellowfin sole CDQ reserves specified in
                                                Species Act consultation standards are                                 Fisheries of the Exclusive Economic                    the BSAI are 1,228 metric tons (mt),
                                                not exceeded. The AA also finds good                                   Zone Off Alaska; Exchange of Flatfish                  5,165 mt, and 16,677 mt as established
                                                cause to waive the 30-day delay in                                     in the Bering Sea and Aleutian Islands                 by the final 2017 and 2018 harvest
                                                effectiveness required under 5 U.S.C.                                  Management Area                                        specifications for groundfish in the
                                                553(d)(3), as a delay in effectiveness of                                                                                     BSAI (82 FR 11826, February 27, 2017)
                                                                                                                       AGENCY:  National Marine Fisheries
                                                these actions would allow fishing at                                                                                          and revised by flatfish exchange (82 FR
                                                                                                                       Service (NMFS), National Oceanic and
                                                levels inconsistent with the goals of the                                                                                     49539, October 26, 2017). The 2017
                                                                                                                       Atmospheric Administration (NOAA),
                                                FMP and the current management                                                                                                flathead sole, rock sole, and yellowfin
                                                                                                                       Commerce.
                                                measures.                                                                                                                     sole CDQ ABC reserves are 6,078 mt,
                                                                                                                       ACTION: Temporary rule; reallocation.
                                                                                                                                                                              11,431 mt and 11,229 mt as established
                                                   These actions are authorized by 50
                                                                                                                       SUMMARY:   NMFS is exchanging unused                   by the final 2017 and 2018 harvest
                                                CFR 660.409 and 660.411 and are
                                                                                                                       flathead sole and rock sole Community                  specifications for groundfish in the
                                                exempt from review under Executive                                                                                            BSAI (82 FR 11826, February 27, 2017)
                                                Order 12866.                                                           Development Quota (CDQ) for yellowfin
                                                                                                                       sole CDQ acceptable biological catch                   and revised by flatfish exchange (82 FR
                                                   Authority: 16 U.S.C. 1801 et seq.                                   (ABC) reserves in the Bering Sea and                   49539, October 26, 2017).
                                                  Dated: October 31, 2017.                                             Aleutian Islands management area. This                    The APICDA has requested that
                                                Emily H. Menashes,                                                     action is necessary to allow the 2017                  NMFS exchange 100 mt of flathead sole
                                                                                                                       total allowable catch of yellowfin sole in             sole CDQ reserves and 400 mt of rock
                                                Acting Director, Office of Sustainable
                                                                                                                       the Bering Sea and Aleutian Islands                    sole CDQ reserves for 500 mt of
                                                Fisheries, National Marine Fisheries Service.
                                                                                                                       management area to be harvested by the                 yellowfin sole CDQ ABC reserves under
                                                [FR Doc. 2017–24019 Filed 11–2–17; 8:45 am]
                                                                                                                       Aleutian Pribilof Islands Community                    § 679.31(d). Therefore, in accordance
                                                BILLING CODE 3510–22–P                                                 Development Association (APICDA).                      with § 679.31(d), NMFS exchanges 100
                                                                                                                       DATES: Effective November 3, 2017                      mt of flathead sole CDQ reserves and
                                                                                                                       through December 31, 2017.                             400 mt of rock sole CDQ reserves for 500
                                                                                                                       FOR FURTHER INFORMATION CONTACT:                       mt of yellowfin sole CDQ ABC reserves
                                                                                                                       Steve Whitney, 907–586–7228.                           in the BSAI. This action also decreases
                                                                                                                       SUPPLEMENTARY INFORMATION: NMFS                        and increases the TACs and CDQ ABC
                                                                                                                       manages the groundfish fishery in the                  reserves by the corresponding amounts.
                                                                                                                       Bering Sea and Aleutian Islands                        Tables 11 and 13 of the final 2017 and
                                                                                                                       management area (BSAI) according to                    2018 harvest specifications for
                                                                                                                       the Fishery Management Plan for                        groundfish in the BSAI (82 FR 11826,
                                                                                                                       Groundfish of the Bering Sea and                       February 27, 2017), and revised by
                                                                                                                       Aleutian Islands Management Area                       flatfish exchange (82 FR 49539, October
                                                                                                                       (FMP) prepared by the North Pacific                    26, 2017), are further revised as follows:

                                                 TABLE 11—FINAL 2017 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
                                                    AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
                                                    SOLE, AND YELLOWFIN SOLE TACS
                                                                                                                                 [Amounts are in metric tons]

                                                                                                                                 Pacific ocean perch                        Flathead sole       Rock sole     Yellowfin sole

                                                                          Sector                                     Eastern             Central             Western
                                                                                                                     Aleutian            Aleutian            Aleutian           BSAI              BSAI            BSAI
                                                                                                                      district            district            district

                                                TAC ..........................................................               7,900             7,000                9,000          14,076            46,825         154,699
                                                CDQ .........................................................                  845               749                  963           1,128             4,765          17,177
                                                ICA ...........................................................                100                60                   10           4,000             5,000           4,500
                                                BSAI trawl limited access ........................                             695               619                  161               0                 0          18,151
                                                Amendment 80 .........................................                       6,259             5,572                7,866           8,949            37,060         114,871
                                                Alaska Groundfish Cooperative ...............                                3,319             2,954                4,171             918             9,168          45,638
jstallworth on DSKBBY8HB2PROD with RULES




                                                Alaska Seafood Cooperative ...................                               2,940             2,617                3,695           8,031            27,893          69,233
                                                   Note: Sector apportionments may not total precisely due to rounding.




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Document Created: 2018-10-25 10:23:23
Document Modified: 2018-10-25 10:23:23
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
ActionModification of fishing seasons.
DatesThe effective dates for the inseason actions are set out in this document under the heading Inseason Actions.
ContactPeggy Mundy at 206-526-4323.
FR Citation82 FR 51166 
RIN Number0648-XF71

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