[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36725-36726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15738]
[[Page 36725]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 150316270-5270-01]
RIN 0648-XD976
Fisheries Off West Coast States; Modifications of the West Coast
Commercial Salmon Fisheries; Inseason Actions #3, #4, #5, and #6
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Modification of fishing seasons; request for comments.
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SUMMARY: NMFS announces four inseason actions in the ocean salmon
fisheries. These inseason actions modified the commercial salmon
fisheries in the area from the U.S./Canada border to Cape Falcon, OR.
DATES: The effective dates for the inseason actions are set out in this
document under the heading Inseason Actions. Comments will be accepted
through July 13, 2015.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0001,
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-2015-0001, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: William W. Stelle, Jr., Regional Administrator, West
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA, 98115-6349
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.
SUPPLEMENTARY INFORMATION:
Background
In the 2015 annual management measures for ocean salmon fisheries
(80 FR 25611, May 5, 2015), 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, 2015, and 2016 salmon seasons
opening earlier than May 1, 2016. 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: 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 affect
commercial salmon fisheries north of Cape Falcon. All times mentioned
refer to Pacific daylight time.
Inseason Actions
Inseason Action #3
Description of action: Inseason action #3 closed the commercial
salmon fishery from U.S./Canada border to Queets River, WA, at 11:59
a.m., noon, May 16, 2015.
Effective dates: Inseason action #3 took effect on May 16, 2015,
and remained in effect until superseded by inseason action #4 on May
22, 2015.
Reason and authorization for the action: The annual management
measures (80 FR 25611) established a May/June quota in the commercial
salmon fishery between the U.S./Canada border and the Queets River of
9,000 Chinook salmon. The annual management measures also provided
guidance that inseason action should be taken to modify the open period
and landing limits when 6,750 Chinook salmon had been landed in this
area. After consideration of Chinook salmon landings to date and
fishery effort, the Regional Administrator (RA) determined that the
fishery had likely attained the 6,750 Chinook salmon benchmark, and
that this fishery would close on May 16, 2015. This closure allowed the
state managers to account for catch that had not yet been landed at the
time of the consultation. This action was taken to prevent exceeding
the Chinook salmon quota 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
#3 occurred on May 15, 2015. Participants in this consultation were
staff from NMFS, Council, WDFW, and ODFW.
Inseason Action #4
Description of action: Inseason action #4 reopened the commercial
salmon fishery from U.S./Canada border to Cape Alava, WA, at 12:01
a.m., May 22, 2015 with 5-day openings, Friday through Tuesday, and a
landing limit of 15 Chinook salmon per vessel per open period. The Cape
Flattery control zone remains closed. All fishers intending to fish
north of Cape Alava (Washington state marine Area 4) must declare that
intention before fishing by first notifying WDFW at 360-902-2739 with
boat name and approximate time they intend to fish in Area 4 and
destination at the end of the trip. All fish from Area 4 must be landed
before fishing any other area. No fish from other areas may be in
possession with fish from Area 4.
Effective dates: Inseason action #4 took effect on May 22, 2015,
and remained in effect until superseded by inseason action #5 on May
29, 2015.
Reason and authorization for the action: Following the closure
implemented by inseason action #3, the states estimated that 1,617
Chinook salmon remained of the 9,000 Chinook salmon subarea quota.
Inseason action was taken to allow access to the remaining quota
without exceeding the quota that was 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
#4 occurred on May 20, 2015. Participants in this consultation were
staff from NMFS, WDFW, and ODFW. Council staff did not participate in
the consultation, but were immediately advised of the decision.
Inseason Action #5
Description of action: Inseason action #5 modified the landing
limit in the commercial salmon fishery from U.S./Canada border to Cape
Alava, WA, from 15 Chinook salmon per vessel per open
[[Page 36726]]
period to 20 Chinook salmon per vessel per open period.
Effective dates: Inseason action #5 took effect on May 29, 2015,
and remains in effect until superseded by inseason action or the end of
the May/June fishing season, June 30, 2015.
Reason and authorization for the action: The RA considered Chinook
salmon landings to date and fishery effort and determined that
increasing the landing limit would allow fishers access to remaining
quota without risk of exceeding the quota set preseason.
Consultation date and participants: Consultation on inseason action
#5 occurred on May 28, 2015. Participants in this consultation were
staff from NMFS, Council, WDFW, and ODFW.
Inseason Action #6
Description of action: Inseason action #6 closed the commercial
salmon fishery from Leadbetter Point, WA, to Cape Falcon, OR, at 11:59
p.m. (midnight), May 29, 2015.
Effective dates: Inseason action #6 took effect on May 29, 2015,
and remains in effect until superseded by inseason action or the end of
the May/June fishing season, June 30, 2015.
Reason and authorization for the action: The annual management
measures (80 FR 25611) established a May/June quota in the commercial
salmon fishery between Leadbetter Point, WA, and Cape Falcon, OR, of
15,000 Chinook salmon. The annual management measures also provided
guidance that inseason action should be taken to modify the open period
and landing limits when 11,250 Chinook salmon had been landed in this
area. After consideration of Chinook salmon landings to date and
fishery effort, the Regional Administrator (RA) determined that the
fishery was close to attaining the 11,250 Chinook salmon benchmark, and
that this area would close on May 29, 2015. This closure allowed the
state managers to account for catch that had not yet been landed at the
time of the consultation. This action was taken to prevent exceeding
the Chinook salmon quota 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
#6 occurred on May 28, 2015. Participants in this consultation were
staff from NMFS, Council, WDFW, and ODFW.
All other restrictions and regulations remain in effect as
announced for the 2015 ocean salmon fisheries and 2016 fisheries
opening prior to May 1, 2016 (80 FR 25611, May 5, 2015).
The RA determined that the best available information indicated
that Chinook salmon catch to date and 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 (80 FR 25611, May 5, 2015), 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 Chinook salmon
catch and effort assessments and 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 ESA 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 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: June 23, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-15738 Filed 6-25-15; 8:45 am]
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