[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Rules and Regulations]
[Pages 69002-69005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27493]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
RIN 0648-XC965
Fraser River Sockeye and Pink Salmon Fisheries; Inseason Orders
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary orders; inseason orders.
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SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate
treaty and non-treaty (all citizen) commercial salmon fisheries in U.S.
waters. The orders were issued by the Fraser River Panel (Panel) of the
Pacific Salmon Commission (Commission) and subsequently approved and
issued by NMFS during the 2013 salmon fisheries within the U.S. Fraser
River Panel Area. These orders established fishing dates, times, and
areas for the gear types of U.S. treaty Indian and all citizen
commercial fisheries during the period the Panel exercised jurisdiction
over these fisheries.
DATES: The effective dates for the inseason orders are set out in this
document under the heading Inseason Orders.
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.
SUPPLEMENTARY INFORMATION: The Treaty between the Government of the
United States of America and the
[[Page 69003]]
Government of Canada concerning Pacific Salmon was signed at Ottawa on
January 28, 1985, and subsequently was given effect in the United
States by the Pacific Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
Under authority of the Act, Federal regulations at 50 CFR part 300,
subpart F provide a framework for the implementation of certain
regulations of the Commission and inseason orders of the Commission's
Fraser River Panel for U.S. sockeye salmon fisheries in the Fraser
River Panel Area.
The regulations close the U.S. portion of the Fraser River Panel
Area to U.S. sockeye and pink salmon tribal and non-tribal commercial
fishing unless opened by Panel orders that are given effect by inseason
regulations published by NMFS. During the fishing season, NMFS may
issue regulations that establish fishing times and areas consistent
with the Commission agreements and inseason orders of the Panel. Such
orders must be consistent with domestic legal obligations and are
issued by Regional Administrator, West Coast Region, NMFS. Official
notification of these inseason actions is provided by two telephone
hotline numbers described at 50 CFR 300.97(b)(1) and in 77 FR 25915
(May 2, 2012). The inseason orders are published in the Federal
Register as soon as practicable after they are issued. Due to the
frequency with which inseason orders are issued, publication of
individual orders is impractical. Therefore, the 2013 orders are being
published in this single document to avoid fragmentation.
Inseason Orders
The following inseason orders were adopted by the Panel and issued
for U.S. fisheries by NMFS during the 2013 fishing season. Each of the
following inseason actions was effective upon announcement on telephone
hotline numbers as specified at 50 CFR 300.97(b)(1) and in 78 FR 25865
(May 3, 2013); those dates and times are listed herein. The times
listed are local times, and the areas designated are Puget Sound
Management and Catch Reporting Areas as defined in the Washington State
Administrative Code at Chapter 220-22.
Fraser River Panel Order Number 2013-01: Issued 2 p.m., July 29, 2013
Treaty Indian Fishery
Areas 4B, 5, and 6C: Open to drift gillnets 12 p.m. (noon),
Tuesday, July 30, 2013, to 12 p.m. (noon), Saturday, August 3, 2013.
Fraser River Panel Order Number 2013-02: Issued 12:30 p.m., August 2,
2013
Treaty Indian Fishery
Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon),
Saturday, August 3, 2013, to 12 p.m. (noon), Wednesday, August 7, 2013.
Fraser River Panel Order Number 2013-03: Issued 2:30 p.m., August 6,
2013
Treaty Indian Fishery
Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon),
Wednesday, August 7, 2013 to 12 p.m. (noon), Saturday, August 10, 2013.
Fraser River Panel Order Number 2013-04: Issued 2:30 p.m., August 23,
2013
Treaty Indian Fishery
Areas 4B, 5, and 6C: Open for drift gillnets from 12 p.m. (noon),
Saturday, August 24, 2013 to 12 p.m. (noon), Wednesday, August 28,
2013.
Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Sunday,
August 25, 2013 to 9 a.m., Tuesday, August 27, 2013 in the area
southerly and easterly of a straight line drawn from Iwersen's dock on
Point Roberts in the State of Washington to the Georgina Point Light at
the entrance to Active Pass in the Province of British Columbia.
All Citizen Fishery
Area 7: Open to reefnets with non-retention of sockeye salmon from
5 a.m. to 9 p.m., Saturday, August 24, 2013 and Sunday, August 25,
2013.
Areas 7 and 7A: Open to purse seines with non-retention of sockeye
from 5 a.m. to 9 p.m., Tuesday, August 27, 2013 in the area southerly
and easterly of a straight line drawn from Iwersen's dock on Point
Roberts in the State of Washington to the Georgina Point Light at the
entrance to Active Pass in the Province of British Columbia.
Areas 7 and 7A: Open to gillnets with non-retention of sockeye from
8 a.m. to 11:59 p.m. (midnight), Tuesday, August 27, 2013 in the area
southerly and easterly of a straight line drawn from Iwersen's dock on
Point Roberts in the State of Washington to the Georgina Point Light at
the entrance to Active Pass in the Province of British Columbia.
Fraser River Panel Order Number 2013-05: Issued 2:05 p.m., August 27,
2013
Treaty Indian Fishery
Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon),
Wednesday August 28, 2013 to 12 p.m. (noon), Friday August 30, 2013.
Sockeye may be retained for ceremonial and subsistence purposes only.
Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Wednesday,
August 28 through 9 a.m., Friday, August 30, 2013 in the area southerly
and easterly of a straight line drawn from Iwersen's dock on Point
Roberts in the State of Washington to the Georgina Point Light at the
entrance to Active Pass in the Province of British Columbia. Purse
seines must release all sockeye. Gillnets may retain sockeye for
ceremonial and subsistence purposes only.
All Citizen Fishery
Area 7: Open to reefnets with non-retention of sockeye from 5 a.m.
to 9 p.m., Wednesday, August 28, 2013, Thursday, August 29, 2013 and
Friday, August 30, 2013.
Areas 7 and 7A: Open to purse seines with non-retention of sockeye
from 5 a.m. to 9 p.m., Friday, August 30, 2013 in the area southerly
and easterly of a straight line drawn from Iwersen's dock on Point
Roberts in the State of Washington to the Georgina Point Light at the
entrance to Active Pass in the Province of British Columbia.
Areas 7 and 7A: Open to gillnets with non-retention of sockeye from
8 a.m. to 11:59 p.m. (midnight), Friday, August 30, 2013 in the area
southerly and easterly of a straight line drawn from Iwersen's dock on
Point Roberts in the State of Washington to the Georgina Point Light at
the entrance to Active Pass in the Province of British Columbia.
[[Page 69004]]
Fraser River Panel Order Number 2013-06: Issued 1:35 p.m., August 29,
2013
Treaty Indian Fishery
Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon),
Friday August 30, 2013 to 12 p.m. (noon), Wednesday, September 4, 2013.
Sockeye may be retained for ceremonial and subsistence purposes only.
Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Saturday,
August 31 through 9 a.m., Monday, September 2, 2013, and from 5 a.m.,
Tuesday, September 3 through 9 a.m., Wednesday, September 4 in the area
southerly and easterly of a straight line drawn from Iwersen's dock on
Point Roberts in the State of Washington to the Georgina Point Light at
the entrance to Active Pass in the Province of British Columbia.
Sockeye may be retained for ceremonial and subsistence purposes only.
All Citizen Fishery
Area 7: Open to reefnets with non-retention of sockeye from 5 a.m.
to 9 p.m., Saturday, August 31, 2013, Sunday, September 1, 2013,
Monday, September 2, 2013, and Tuesday, September 3, 2013.
Areas 7 and 7A: Open to purse seines with non-retention of sockeye
from 5 a.m. to 9 p.m., Monday, September 2, 2013 in the area southerly
and easterly of a straight line drawn from Iwersen's dock on Point
Roberts in the State of Washington to the Georgina Point Light at the
entrance to Active Pass in the Province of British Columbia.
Areas 7 and 7A: Open to gillnets with non-retention of sockeye from
8 a.m. to 11:59 p.m. (midnight), Monday, September 2, 2013 in the area
southerly and easterly of a straight line drawn from Iwersen's dock on
Point Roberts in the State of Washington to the Georgina Point Light at
the entrance to Active Pass in the Province of British Columbia.
Fraser River Panel Order Number 2013-07: Issued 3 p.m., September 3,
2013
Treaty Indian Fishery
Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon),
Wednesday, September 4, 2013 to 12 p.m. (noon), Saturday, September 7,
2013. Sockeye may be retained for ceremonial and subsistence purposes
only.
Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Wednesday,
September 4, 2013 through 9 a.m., Thursday, September 5, 2013 and open
from 5 a.m., Friday, September 6, 2013 through 9 a.m., Saturday,
September 7, 2013. Sockeye may be retained for ceremonial and
subsistence purposes only.
All Citizen Fishery
Area 7: Open to reefnets with non-retention of sockeye from 5 a.m.
to 9 p.m., Wednesday, September 4, 2013, Thursday, September 5, 2013,
and Friday, September 6, 2013.
Areas 7 and 7A: Open to purse seines with non-retention of sockeye
from 5 a.m. to 9 p.m., Thursday, September 5, 2013.
Areas 7 and 7A: Open to gillnets with non-retention of sockeye from
8:10 a.m. to 11:59 p.m. (midnight), Thursday, September 5, 2013.
Fraser River Panel Order Number 2013-08: Issued 12:30 p.m., September
6, 2013
Treaty Indian Fishery
Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon),
Saturday, September 7, 2013 through 12 p.m. (noon), Wednesday,
September 11, 2013. Sockeye may be retained for ceremonial and
subsistence purposes only.
Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Saturday,
September 7, 2013 through 9 a.m., Monday, September 9, 2013, and open
for net fishing from 5 a.m., Tuesday, September 10 through 9 a.m.,
Wednesday, September 11, 2013. Sockeye may be retained for ceremonial
and subsistence purposes only.
All Citizen Fishery
Area 7: Open to reefnets with non-retention of sockeye from 5 a.m.
to 9 p.m., Saturday, September 7, 2013, Sunday September 8, 2013,
Monday, September 9, 2013, and Tuesday, September 10, 2013.
Areas 7 and 7A: Open to purse seines with non-retention of sockeye
from 5 a.m. to 9 p.m., Monday, September 9, 2013.
Areas 7 and 7A: Open to gillnets with non-retention of sockeye from
8:15 a.m. to 11:59 p.m. (midnight), Monday, September 9, 2013.
Fraser River Panel Order Number 2013-09: Issued 12:25 p.m., September
10, 2013
Treaty Indian Fishery
Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon),
Wednesday, September 11, 2013 through 12 p.m. (noon), Saturday,
September 14, 2013. Sockeye may be retained for ceremonial and
subsistence purposes only.
Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Wednesday,
September 11, 2013 through 9 a.m., Friday, September 13, 2013. Sockeye
may be retained for ceremonial and subsistence purposes only.
All Citizen Fishery
Area 7: Open to reefnets with non-retention of sockeye from 5 a.m.
to 9 p.m., Wednesday, September 11, 2013, Thursday, September 12, 2013,
and Friday, September 13, 2013.
Areas 7 and 7A: Open to purse seines with non-retention of sockeye
from 8:30 a.m. to 4:30 p.m., Friday, September 13, 2013.
Areas 7 and 7A: Open to gillnets with non-retention of sockeye from
8:20 a.m. to 11:59 p.m. (midnight), Friday, September 13, 2013.
Fraser River Panel Order Number 2013-10: Issued 3:45 p.m., September
13, 2013
Treaty Indian Fishery
Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon),
Saturday, September 14, 2013 through 12 p.m. (noon), Wednesday,
September 18, 2013. Sockeye may be retained for ceremonial and
subsistence purposes only.
Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Saturday,
September 14, 2013 through 12 p.m. (noon), Tuesday, September 17, 2013.
Sockeye may be retained for ceremonial and subsistence purposes only.
All Citizen Fishery
Area 7: Open to reefnets with non-retention of sockeye from 5 a.m.
to 9 p.m., daily from Saturday, September 14, 2013 until further
notice.
Fraser River Panel Order Number 2013-11: Issued 12:30 p.m., September
17, 2013
Treaty Indian and All Citizen Fisheries
Areas 4B, 5, and 6C: Relinquish regulatory control effective 12:01
p.m., Wednesday September 18, 2013.
[[Page 69005]]
Classification
The Assistant Administrator for Fisheries NOAA (AA), finds that
good cause exists for the inseason orders to be issued without
affording the public prior notice and opportunity for comment under 5
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is
impracticable and contrary to the public interest. Prior notice and
opportunity for public comment is impracticable because NMFS has
insufficient time to allow for prior notice and opportunity for public
comment between the time the stock abundance information is available
to determine how much fishing can be allowed and the time the fishery
must open and close in order to harvest the appropriate amount of fish
while they are available.
The AA also finds good cause to waive the 30-day delay in the
effective date, required under 5 U.S.C. 553(d)(3), of the inseason
orders. A delay in the effective date of the inseason orders would not
allow fishers appropriately controlled access to the available fish at
that time they are available.
This action is authorized by 50 CFR 300.97, and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 3636(b).
Dated: November 13, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-27493 Filed 11-15-13; 8:45 am]
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