Federal Register, Volume 78 Issue 160 (Monday, August 19, 2013)

[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Rules and Regulations]
[Pages 50347-50350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20181]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 130108020-3409-01]
RIN 0648-XC738

Fisheries Off West Coast States; Modifications of the West Coast
Commercial Salmon Fisheries; Inseason Actions 6 Through
11

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

[[Page 50348]]

ACTION: Modification of fishing seasons; request for comments.

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SUMMARY: NOAA Fisheries announces six inseason actions in the ocean
salmon fisheries. These inseason actions modified the commercial
fisheries in the area from the U.S./Canada Border to Humboldt South
Jetty.

DATES: The effective dates for the inseason actions are set out in this
document under the heading Inseason Actions. Comments will be accepted
through September 3, 2013.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2012-0248,
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-2012-0248, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: William W. Stelle, Jr., Regional Administrator,
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA, 98115-
6349.
Fax: 206-526-6736, Attn: Peggy Mundy.
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). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.

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

SUPPLEMENTARY INFORMATION:

Background

In the 2013 annual management measures for ocean salmon fisheries
(78 FR 25865, May 3, 2013), 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, 2013, and 2014 salmon seasons
opening earlier than May 1, 2014. 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).
Management of the salmon fisheries is generally divided into two
geographic areas: North of Cape Falcon (U.S./Canada Border to Cape
Falcon, Oregon) and south of Cape Falcon (Cape Falcon, Oregon to the
U.S./Mexico Border). Inseason actions 6 through 10 in
this document apply south of Cape Falcon; inseason action 11
in this document applies north of Cape Falcon.
The fisheries affected by the inseason actions in this document are
all based on quotas to manage impacts on specific salmon stocks that
constrain fisheries to meet conservation objectives, annual catch
limits (ACLs), and consultation standards for stocks listed under the
Endangered Species Act (ESA-listed). Annual management measures allow
for adjusting quotas among fishing periods on an impact neutral basis,
as calculated by the Salmon Technical Team (STT).

Inseason Action

The table below lists the inseason actions announced in this
document.

------------------------------------------------------------------------
Salmon fishery
Inseason action number Effective date affected
---------------------------------------------------------------------
6...................... June 4, 2013........... Commercial fishery
from the Oregon/
California Border
to Humboldt South
Jetty (California
Klamath
Management Zone
or CA-KMZ)..
7...................... June 9, 2013........... Commercial fishery
from the Oregon/
California Border
to Humboldt South
Jetty (California
Klamath
Management Zone
or CA-KMZ)..
8...................... June 11, 2013.......... Commercial fishery
from the Oregon/
California Border
to Humboldt South
Jetty (California
Klamath
Management Zone
or CA-KMZ)..
9...................... July 3, 2013........... Commercial fishery
from the Oregon/
California Border
to Humboldt South
Jetty (California
Klamath
Management Zone
or CA-KMZ)..
10..................... July 3, 2013........... Commercial fishery
from Humbug
Mountain to the
Oregon/California
Border (Oregon
Klamath
Management Zone
or OR-KMZ)..
11..................... July 3, 2013........... Commercial
fisheries from
the US/Canada
Border to Cape
Falcon..
------------------------------------------------------------------------

Inseason Action 6

The RA consulted with representatives of the Council, California
Department of Fish and Wildlife (CDFW), and Oregon Department of Fish
and Wildlife (ODFW) on June 4, 2013.
The information considered during this consultation related to
updated catch information from the May commercial salmon fishery in the
CA-KMZ. Inseason action 6 adjusted the commercial salmon quota
for June in the CA-KMZ. This action was taken to allow access to
available quota within allowable impacts to constraining stocks. The
May fishery had a quota of 3,000 Chinook salmon; actual landings were
2,700 Chinook salmon; therefore, 300 Chinook quota from May remained.
The Salmon Technical Team (STT) calculated that transferring 300
Chinook from the May fishery to the June fishery in the CA-KMZ on an
impact neutral basis for Klamath River fall Chinook (KRFC) would result
in an addition of 352 Chinook salmon to the June quota, which was set
preseason at 3,000 Chinook salmon. KRFC is the constraining stock for
CA-KMZ fisheries to meet ACLs and as a surrogate for impacts to ESA-
listed California coastal Chinook salmon. On June 4, 2013, the states
recommended adopting an adjusted quota of 3,352 Chinook salmon for the
June commercial fishery in the CA-KMZ and the RA concurred. Inseason
action 6 took effect on June 4, 2013 and remains in effect to
the end of the season. Inseason action to modify quotas and/or fishing
seasons is authorized by Sec. 660.409(b)(1)(i).

Inseason Action 7

The RA consulted with representatives of the Council, CDFW, and
ODFW on June 7, 2013.
The information considered during this consultation related to
catch and

[[Page 50349]]

effort to date in the commercial salmon fishery in the CA-KMZ. Inseason
action 7 closed the commercial salmon fishery in this area at
11:59 p.m., June 9, 2013 to allow managers the opportunity to evaluate
catch to date, which was projected to be approaching the June quota.
This action was taken to prevent exceeding the June quota. On June 7,
2013, the state of California recommended this action and the RA
concurred. Inseason action 7 took effect on June 9, 2013 and
remained in effect until superseded by inseason action 8 on
June 11, 2013. Inseason action to modify quotas and/or fishing seasons
is authorized by Sec. 660.409(b)(1)(i).

Inseason Action 8

The RA consulted with representatives of the Council, CDFW, and
ODFW on June 10, 2013.
The information considered during this consultation related to
catch and effort to date in the commercial salmon fishery in the CA-
KMZ, including landings reported subsequent to the closure implemented
under inseason action 7. The state of California recommended
that sufficient quota remained to support an additional 24-hour opening
of this fishery and the RA concurred. Inseason action 8
reopened this fishery from 12:01 a.m., Tuesday, June 11, 2013 to 11:59
p.m., Tuesday, June 11, 2013, after which the fishery remained closed
for the remainder of June. This action was taken to provide access to,
without exceeding, remaining quota for the June fishery. Inseason
action to modify quotas and/or fishing seasons is authorized by Sec.
660.409(b)(1)(i).

Inseason Action 9

The RA consulted with representatives of the Council, CDFW, ODFW,
and Washington Department of Fish and Wildlife (WDFW) on July 3, 2013.
The information considered during this consultation related to
catch information from the June commercial salmon fishery in the CA-
KMZ. Inseason action 9 adjusted the commercial salmon quota
for July in the CA-KMZ. This action was taken to allow access to
available quota within allowable impacts to constraining stocks. The
June fishery had an adjusted quota of 3,352 Chinook salmon; actual
landings in June were 2,965 Chinook salmon; therefore, 387 Chinook
quota from June remained. The STT calculated that transferring 387
Chinook from the June fishery to the July fishery in the CA-KMZ on an
impact neutral basis for KRFC would result in an addition of 547
Chinook salmon to the July quota, which was set preseason at 2,000
Chinook salmon. KRFC is the constraining stock for CA-KMZ fisheries to
meet ACLs and as a surrogate for impacts to ESA-listed California
coastal Chinook. On July 3, 2013, the states recommended adopting an
adjusted quota of 2,547 Chinook salmon for the July commercial fishery
in the CA-KMZ and the RA concurred. Inseason action 9 took
effect on July 3, 2013 and remains in effect to the end of the season
or until modified by inseason action. Inseason action to modify quotas
and/or fishing seasons is authorized by Sec. 660.409(b)(1)(i).

Inseason Action 10

Inseason Action 11

The RA consulted with representatives of the Council, CDFW, ODFW,
and WDFW on July 3, 2013.
The information considered during this consultation related to
catch and effort to date in the commercial salmon fishery north of Cape
Falcon, Oregon. Inseason action 11 adjusted the commercial
salmon quota for the July-September season. This action was taken to
allow access to available quota within allowable impacts to
constraining stocks. The May-June fishery had a quota of 29,300 Chinook
salmon, with a subarea quota of 8,700 Chinook salmon in the area north
of the Queets River. May-June landings were estimated at 24,037 Chinook
north of Cape Falcon, with 8,167 Chinook salmon landed north of the
Queets River. The STT calculated that transferring the remaining quota
to the July-September season on an impact neutral basis for Lower
Columbia River Chinook salmon (natural tule), an ESA-listed stock,
would result in adding 4,600 Chinook salmon to the 14,700 Chinook quota
established preseason for the area north of Cape Falcon. On July 3,
2013, the state of Washington recommended adopting an adjusted quota of
19,300 Chinook salmon in the July-September commercial fishery north of
Cape Falcon, of which no more than 6,600 Chinook salmon may be landed
north of the Queets River, and the RA concurred. Inseason action
11 took effect on July 3, 2013 and remains in effect to the
end of the season or until modified by inseason action. Inseason action
to modify quotas and/or fishing seasons is authorized by Sec.
660.409(b)(1)(i).
All other restrictions and regulations remain in effect as
announced for the 2013 ocean salmon fisheries and 2014 fisheries
opening prior to May 1, 2014 (78 FR 25865, May 3, 2013) and subsequent
inseason actions (78 FR 30780, May 23, 2013; and 78 FR 35153, June 12,
2013).
The RA determined that the best available information indicated
that catch and effort projections supported the above inseason actions
recommended by the states of California, Oregon, and Washington. 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 number
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

[[Page 50350]]

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 (78 FR 25865, May 3, 2013), the West Coast
Salmon Fishery Management Plan (Salmon FMP), and regulations
implementing the Salmon 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 the catch and
effort projections were developed and fisheries impacts 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, thus allowing fishers access to the available
fish at the time the fish were available while ensuring that quotas 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 Salmon 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: August 14, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-20181 Filed 8-16-13; 8:45 am]
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