83 FR 25581 - Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Action #1
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 107 (June 4, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 107 (June 4, 2018)
| Page Range | 25581-25582 | |
| FR Document | 2018-11883 |
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)] [Rules and Regulations] [Pages 25581-25582] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11883] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 161222999-7413-01] RIN 0648-XG222 Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Action #1 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of fishing seasons. ----------------------------------------------------------------------- SUMMARY: NMFS announces one inseason action in the ocean salmon fisheries. This inseason action modified the commercial and recreational salmon fisheries in the area from Cape Falcon, OR, to Pigeon Point, CA. DATES: The effective date for the inseason action is set out in this document under the heading Inseason Action. 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 management measures for the commercial and recreational fisheries in the area from the U.S./ Canada border to the U.S./Mexico border, beginning May 1, 2017, through April 30, 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) 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 action reported in this document affected fisheries south of Cape Falcon. Inseason Action Inseason Action #1 Description of action: Inseason action #1 cancelled specific commercial and recreational ocean salmon fisheries south of Cape Falcon, OR, that were previously scheduled to open in March and April 2018 (82 FR 19630, April 28, 2017). The fisheries that were cancelled were: --Commercial fishery from Cape Falcon, OR, to Florence South Jetty, OR, previously scheduled to open March 15, 2018; --Commercial fishery from Florence South Jetty, OR, to Humbug Mountain, OR, previously scheduled to open March 15, 2018; --Commercial fishery from Humbug Mountain, OR, to the Oregon/California border (Oregon Klamath Management Zone), previously scheduled to open March 15, 2018; --Commercial fishery from Horse Mountain, CA, to Point Arena, CA, previously scheduled to open April 16-30, 2018; --Recreational fishery from Horse Mountain, CA, to Point Arena, CA, previously scheduled to open April 7, 2018; and --Recreational fishery from Point Arena, CA, to Pigeon Point, CA, previously scheduled to open April 7, 2018. Effective dates: Inseason action #1 took effect on March 13, 2018, and remained in effect through April 30, 2018. Reason and authorization for the action: The purpose of this action was to limit fishery impacts on Klamath River fall-run Chinook salmon (KRFC) and Sacramento River fall-run Chinook salmon (SRFC). Both stocks failed to achieve their conservation objectives in 2017 and currently meet the status determination criteria identified in the Pacific Coast Salmon Fishery Management Plan for being overfished. Therefore, the states of Oregon and California recommended cancelling the fisheries described above. The West Coast Regional Administrator (RA) considered the spawning escapement and abundance history for KRFC and SRFC, the stocks' 2018 abundance forecasts, and projected fishery impacts on these stocks in 2018, and determined that this inseason action was necessary to meet conservation and management objectives for these stocks. 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 #1 occurred on March 13, 2018. Representatives from NMFS, ODFW, CDFW, and the Council participated in this 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 salmon abundance forecasts and expected fishery effort in 2018 supported the above inseason action 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 consistent with these federal actions. As provided by the inseason notice procedures of 50 CFR 660.411, actual notice of the described regulatory action 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 NOAA's Assistant Administrator (AA) for NMFS, 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 [[Page 25582]] action was provided to fishers through telephone hotline and radio notification. This action complies 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 between the time Chinook salmon catch and effort projections and abundance forecasts 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 limits for impacts to salmon species listed under the Endangered Species Act 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 this action would allow fishing at levels inconsistent with the goals of the FMP and the current management measures. This action is authorized by 50 CFR 660.409 and 660.411 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 30, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-11883 Filed 6-1-18; 8:45 am] BILLING CODE 3510-22-P
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Coast Guard commissioned, warrant or border, beginning May 1, 2017, through remained in effect through April 30,
petty officer who has been designated April 30, 2018. NMFS is authorized to 2018.
by the Captain of the Port Buffalo to act implement inseason management Reason and authorization for the
on his behalf. actions to modify fishing seasons and action: The purpose of this action was
(4) Vessel operators desiring to enter quotas as necessary to provide fishing to limit fishery impacts on Klamath
or operate within the safety zone must opportunity while meeting management River fall-run Chinook salmon (KRFC)
contact the Captain of the Port Buffalo objectives for the affected species (50 and Sacramento River fall-run Chinook
or his on-scene representative to obtain CFR 660.409). Inseason actions in the salmon (SRFC). Both stocks failed to
permission to do so. The Captain of the salmon fishery may be taken directly by achieve their conservation objectives in
Port Buffalo or his on-scene NMFS (50 CFR 660.409(a)—Fixed 2017 and currently meet the status
representative may be contacted via inseason management provisions) or determination criteria identified in the
VHF Channel 16. Vessel operators given upon consultation with the Pacific Pacific Coast Salmon Fishery
permission to enter or operate in the Fishery Management Council (Council) Management Plan for being overfished.
safety zone must comply with all and the appropriate State Directors (50 Therefore, the states of Oregon and
directions given to them by the Captain CFR 660.409(b)—Flexible inseason California recommended cancelling the
of the Port Buffalo, or his on-scene management provisions). The state fisheries described above. The West
representative. management agencies that participated Coast Regional Administrator (RA)
in the consultations described in this considered the spawning escapement
Dated: May 29, 2018.
document were: California Department and abundance history for KRFC and
Joseph S. Dufresne, SRFC, the stocks’ 2018 abundance
of Fish and Wildlife (CDFW) and
Captain, U.S. Coast Guard, Captain of the forecasts, and projected fishery impacts
Port Buffalo. Oregon Department of Fish and Wildlife
(ODFW). on these stocks in 2018, and determined
[FR Doc. 2018–11857 Filed 6–1–18; 8:45 am] that this inseason action was necessary
Management of the salmon fisheries is
BILLING CODE 9110–04–P
generally divided into two geographic to meet conservation and management
areas: North of Cape Falcon (U.S./ objectives for these stocks. Inseason
Canada border to Cape Falcon, OR) and actions to modify quotas or fishing
DEPARTMENT OF COMMERCE south of Cape Falcon (Cape Falcon, OR, seasons are authorized by 50 CFR
to the U.S./Mexico border). The 660.409(b)(1)(i).
National Oceanic and Atmospheric Consultation date and participants:
inseason action reported in this
Administration Consultation on inseason action #1
document affected fisheries south of
Cape Falcon. occurred on March 13, 2018.
50 CFR Part 660 Representatives from NMFS, ODFW,
Inseason Action CDFW, and the Council participated in
[Docket No. 161222999–7413–01]
Inseason Action #1 this consultation.
RIN 0648–XG222 All other restrictions and regulations
Description of action: Inseason action remain in effect as announced for the
Fisheries Off West Coast States; #1 cancelled specific commercial and 2017 ocean salmon fisheries and 2018
Modifications of the West Coast recreational ocean salmon fisheries salmon fisheries opening prior to May 1,
Commercial and Recreational Salmon south of Cape Falcon, OR, that were 2018 (82 FR 19631, April 28, 2017) and
Fisheries; Inseason Action #1 previously scheduled to open in March as modified by prior inseason actions.
and April 2018 (82 FR 19630, April 28, The RA determined that the best
AGENCY: National Marine Fisheries
2017). The fisheries that were cancelled available information indicated that
Service (NMFS), National Oceanic and
were: Chinook salmon abundance forecasts
Atmospheric Administration (NOAA),
Commerce. —Commercial fishery from Cape Falcon, and expected fishery effort in 2018
OR, to Florence South Jetty, OR, supported the above inseason action
ACTION: Modification of fishing seasons.
previously scheduled to open March recommended by the states of Oregon
SUMMARY: NMFS announces one 15, 2018; and California. The states manage the
inseason action in the ocean salmon —Commercial fishery from Florence fisheries in state waters adjacent to the
fisheries. This inseason action modified South Jetty, OR, to Humbug areas of the U.S. exclusive economic
the commercial and recreational salmon Mountain, OR, previously scheduled zone consistent with these federal
fisheries in the area from Cape Falcon, to open March 15, 2018; actions. As provided by the inseason
OR, to Pigeon Point, CA. —Commercial fishery from Humbug notice procedures of 50 CFR 660.411,
Mountain, OR, to the Oregon/ actual notice of the described regulatory
DATES: The effective date for the
California border (Oregon Klamath action was given, prior to the time the
inseason action is set out in this
Management Zone), previously action was effective, by telephone
document under the heading Inseason
scheduled to open March 15, 2018; hotline numbers 206–526–6667 and
Action. —Commercial fishery from Horse 800–662–9825, and by U.S. Coast Guard
FOR FURTHER INFORMATION CONTACT: Mountain, CA, to Point Arena, CA, Notice to Mariners broadcasts on
Peggy Mundy at 206–526–4323. previously scheduled to open April Channel 16 VHF–FM and 2182 kHz.
SUPPLEMENTARY INFORMATION: 16–30, 2018;
—Recreational fishery from Horse Classification
Background Mountain, CA, to Point Arena, CA, NOAA’s Assistant Administrator (AA)
sradovich on DSK3GMQ082PROD with RULES
In the 2017 annual management previously scheduled to open April 7, for NMFS, finds that good cause exists
measures for ocean salmon fisheries (82 2018; and for this notification to be issued without
FR 19630, April 28, 2017), NMFS —Recreational fishery from Point Arena, affording prior notice and opportunity
announced management measures for CA, to Pigeon Point, CA, previously for public comment under 5 U.S.C.
the commercial and recreational scheduled to open April 7, 2018. 553(b)(B) because such notification
fisheries in the area from the U.S./ Effective dates: Inseason action #1 would be impracticable. As previously
Canada border to the U.S./Mexico took effect on March 13, 2018, and noted, actual notice of the regulatory
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![25582 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations
action was provided to fishers through salmon catch and effort projections and this action would allow fishing at levels
telephone hotline and radio notification. abundance forecasts were developed inconsistent with the goals of the FMP
This action complies with the and fisheries impacts were calculated, and the current management measures.
requirements of the annual management and the time the fishery modifications This action is authorized by 50 CFR
measures for ocean salmon fisheries (82 had to be implemented in order to
660.409 and 660.411 and is exempt from
FR 19631, April 28, 2017), the Pacific ensure that fisheries are managed based
review under Executive Order 12866.
Coast Salmon Fishery Management Plan on the best available scientific
(FMP), and regulations implementing information, ensuring that conservation Authority: 16 U.S.C. 1801 et seq.
the FMP, 50 CFR 660.409 and 660.411. objectives and limits for impacts to Dated: May 30, 2018.
Prior notice and opportunity for public salmon species listed under the
Jennifer M. Wallace,
comment was impracticable because Endangered Species Act are not
NMFS and the state agencies had exceeded. The AA also finds good cause Acting Director, Office of Sustainable
insufficient time to provide for prior to waive the 30-day delay in Fisheries, National Marine Fisheries Service.
notice and the opportunity for public effectiveness required under 5 U.S.C. [FR Doc. 2018–11883 Filed 6–1–18; 8:45 am]
comment between the time Chinook 553(d)(3), as a delay in effectiveness of BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES
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Document Created: 2018-06-02 00:47:11
Document Modified: 2018-06-02 00:47:11
| 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. | |
| Dates | The effective date for the inseason action is set out in this document under the heading Inseason Action. | |
| Contact | Peggy Mundy at 206-526-4323. | |
| FR Citation | 83 FR 25581 | |
| RIN Number | 0648-XG22 |
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