[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Rules and Regulations]
[Pages 68349-68354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28663]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100223162-1268-01]
RIN 0648-XA551


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
5 Through 26

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

ACTION: Modification of fishing seasons and landing and possession 
limits; request for comments.

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SUMMARY: NOAA Fisheries announces 22 inseason actions in the ocean 
salmon fisheries. These inseason actions modified the commercial and 
recreational fisheries in the area from the U.S./Canada Border to the 
U.S./Mexico Border.

DATES: The effective dates for the inseason action are set out in this 
document under the heading Inseason Actions. Inseason actions remain in 
effect until the closing date of the 2011 salmon season announced in 
the 2011 annual management measures or until modified by additional 
inseason action. Comments will be accepted through November 21, 2011.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2011-0171, 
by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov. 
To submit comments via the e-Rulemaking Portal, first click the 
``submit a comment'' icon, then enter NOAA-NMFS-2011-0171 in the 
keyword search. Locate the document you wish to comment on from the 
resulting list and click on the ``Submit a Comment'' icon on the right 
of that line.
     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 must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. 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. All comments received are a part of the public 
record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information or otherwise sensitive or protected information. 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, WordPerfect, or Adobe PDF file 
formats only.

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

SUPPLEMENTARY INFORMATION:

Background

    In the 2011 annual management measures for ocean salmon fisheries 
(76 FR 25246, May 4, 2011), 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, 2011, and 2012 salmon seasons 
opening earlier than May 1, 2012.
    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). Prior to taking inseason action, the Regional 
Administrator (RA) consults with the Chairman of the Pacific Fishery 
Management Council (Council) and the appropriate State Directors (50 
CFR 660.409(b)(1)).
    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).

[[Page 68350]]

Inseason Actions

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

------------------------------------------------------------------------
                                                          Salmon fishery
 Inseason action No.            Effective date               affected
------------------------------------------------------------------------
5...................  May 28, 2011.....................  Commercial
                                                          fishery from
                                                          U.S./Canada
                                                          border to U.S./
                                                          Mexico border.
6...................  June 21, 2011....................  Commercial
                                                          fishery from
                                                          U.S./Canada
                                                          border to Cape
                                                          Falcon,
                                                          Oregon.
7...................  July 15, 2011....................  Commercial
                                                          fishery from
                                                          U.S./Canada
                                                          border to Cape
                                                          Falcon,
                                                          Oregon.
8...................  July 18, 2011....................  Commercial
                                                          fishery from
                                                          Oregon/
                                                          California
                                                          border to
                                                          Humboldt South
                                                          Jetty,
                                                          California.
9...................  August 1, 2011...................  Commercial
                                                          fishery from
                                                          Oregon/
                                                          California
                                                          border to
                                                          Humboldt South
                                                          Jetty,
                                                          California.
10..................  August 1, 2011...................  Recreational
                                                          fishery from
                                                          Queets River,
                                                          Washington to
                                                          Leadbetter
                                                          Point,
                                                          Washington
                                                          (Westport
                                                          subarea).
11..................  August 1, 2011...................  Recreational
                                                          fishery from
                                                          U.S./Canada
                                                          border to Cape
                                                          Alava,
                                                          Washington
                                                          (Neah Bay
                                                          subarea) and
                                                          Cape Alava,
                                                          Washington to
                                                          Queets River,
                                                          Washington (La
                                                          Push subarea).
12..................  July 29, 2011....................  Commercial
                                                          fishery from
                                                          U.S./Canada
                                                          border to U.S./
                                                          Mexico border.
13..................  August 2, 2011...................  Commercial
                                                          fishery from
                                                          Oregon/
                                                          California
                                                          border to
                                                          Humboldt South
                                                          Jetty,
                                                          California.
14..................  August 7, 2011...................  Recreational
                                                          fishery from
                                                          Queets River,
                                                          Washington to
                                                          Leadbetter
                                                          Point,
                                                          Washington
                                                          (Westport
                                                          subarea) and
                                                          from
                                                          Leadbetter
                                                          Point,
                                                          Washington to
                                                          Cape Falcon,
                                                          Oregon
                                                          (Columbia
                                                          River
                                                          Subarea).
15..................  August 12, 2011..................  Commercial
                                                          fishery from
                                                          U.S./Canada
                                                          border to Cape
                                                          Falcon,
                                                          Oregon.
16..................  August 14, 2011..................  Recreational
                                                          fishery from
                                                          Queets River,
                                                          Washington to
                                                          Leadbetter
                                                          Point,
                                                          Washington
                                                          (Westport
                                                          subarea) and
                                                          from
                                                          Leadbetter
                                                          Point,
                                                          Washington to
                                                          Cape Falcon,
                                                          Oregon
                                                          (Columbia
                                                          River
                                                          Subarea).
17..................  August 19, 2011..................  Recreational
                                                          fishery from
                                                          U.S./Canada
                                                          border to Cape
                                                          Falcon,
                                                          Oregon.
18..................  August 19, 2011..................  Recreational
                                                          fishery from
                                                          Queets River,
                                                          Washington to
                                                          Leadbetter
                                                          Point,
                                                          Washington
                                                          (Westport
                                                          subarea).
19..................  August 19, 2011..................  Commercial
                                                          fishery from
                                                          U.S./Canada
                                                          border to Cape
                                                          Falcon,
                                                          Oregon.
20..................  August 29, 2011..................  Recreational
                                                          fishery from
                                                          U.S./Canada
                                                          border to Cape
                                                          Falcon,
                                                          Oregon.
21..................  August 27, 2011..................  Commercial
                                                          fishery from
                                                          U.S./Canada
                                                          border to Cape
                                                          Falcon,
                                                          Oregon.
22..................  September 1, 2011................  Recreational
                                                          fishery from
                                                          Cape Falcon,
                                                          Oregon to
                                                          Humbug
                                                          Mountain,
                                                          Oregon.
23..................  September 3, 2011................  Commercial
                                                          fishery from
                                                          U.S./Canada
                                                          border to Cape
                                                          Falcon,
                                                          Oregon.
24..................  August 31, 2011..................  Recreational
                                                          fishery from
                                                          U.S./Canada
                                                          border to Cape
                                                          Alava,
                                                          Washington
                                                          (Neah Bay
                                                          subarea) and
                                                          from Cape
                                                          Alava to
                                                          Queets River,
                                                          Washington (La
                                                          Push subarea).
25..................  September 5, 2011................  Recreational
                                                          fishery from
                                                          U.S./Canada
                                                          border to Cape
                                                          Falcon,
                                                          Oregon.
26..................  September 7, 2011................  Recreational
                                                          fishery from
                                                          Cape Falcon,
                                                          Oregon to
                                                          Humbug
                                                          Mountain,
                                                          Oregon.
------------------------------------------------------------------------

Inseason Action 5

    The RA consulted with representatives of the Council, International 
Pacific Halibut Commission (IPHC), Washington Department of Fish and 
Wildlife (WDFW), and Oregon Department of Fish and Wildlife (ODFW) on 
May 26, 2011. The information considered during this consultation 
related to catch to date for halibut incidentally caught in the 
commercial salmon fishery which was approaching the preseason 
allocation of halibut recommended by the IPHC (76 FR 14300, March 16, 
2011).
    Inseason action 5 closed retention of halibut caught 
incidentally in the ocean salmon commercial fishery from the U.S./
Canada border to the U.S./Mexico border. This action was taken to 
prevent exceeding the preseason allocation. On May 26, 2011, the states 
recommended this action and the RA concurred; inseason action 
5 took effect on May 28, 2011. This inseason action remained 
in effect until superseded by inseason action 12 which took 
effect on July 29, 2011. Modification of quota and/or fishing seasons 
is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action 6

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on June 20, 2011. The information considered during this 
consultation related to catch of Chinook salmon to date and Chinook 
salmon catch rates compared to quotas and other management measures 
established preseason for the commercial salmon fishery. The objectives 
for the May/June commercial salmon fishery north of Cape Falcon were to 
remain within the quota of 20,600 Chinook salmon and to allow the 
fishery to remain open through June, if possible, to maximize the value 
of the commercial harvest (50 CFR 660.408(c)(1)(ix)(B)). Catch rates to 
date suggested that, without taking inseason action to protract the 
fishery, the quota would be met prematurely.
    Inseason action 6 closed the commercial salmon fishery 
from the U.S./Canada Border to Cape Falcon, Oregon at 11:59 p.m., June 
21, 2011; and reopened the fishery at 12:01 a.m., June 23, 2011 through 
June 30, 2011, with an open period landing limit of 30 Chinook salmon 
per vessel. This action was taken to prevent exceeding the quota on 
Chinook salmon established preseason and to allow the fishery to meet 
the management objective of remaining open through June. On June 20, 
2011, the states recommended this action and the RA concurred; inseason 
action 6 took effect on June 21, 2011. Modification of quota 
and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action 7

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on July 14, 2011. The information considered during this 
consultation related to catch of Chinook and coho salmon to date and 
Chinook and coho salmon catch rates compared to quotas and other 
management measures established preseason for the commercial salmon 
fishery north of Cape Falcon. The objectives for this fishery were to 
remain within the 10,300 preseason Chinook salmon guideline and the 
12,800 marked coho quota and to extend the season into September, if 
possible. The rate of catch to date suggested that, without inseason 
action, the Chinook salmon guideline would be harvested well ahead of 
the coho quota. This would potentially require closure of the 
commercial fishery well in advance of the

[[Page 68351]]

September 15 objective and, therefore, prevent the commercial fishery 
from fully accessing the coho quota.
    Inseason action 7 adjusted the open period landing limit 
from 50 Chinook and 50 coho per vessel to 30 Chinook and 50 coho per 
vessel. This action was taken to prevent exceeding the quota on Chinook 
salmon established preseason and to allow the fishery to meet the 
management objectives of remaining open throughout the summer and allow 
access to the coho salmon quota. On July 14, 2011, the states 
recommended this action and the RA concurred; inseason action 
7 took effect on July 15, 2011. Modification of quota and/or 
fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Actions 8 and 9

    The RA consulted with representatives of the Council, ODFW, and 
California Department of Fish and Game (CDFG) on July 18, 2011 and July 
28, 2011. The information considered during these consultations related 
to catch of Chinook salmon to date and Chinook salmon catch rates 
compared to quotas and other management measures established preseason 
for the commercial salmon fishery in the Klamath Management Zone (KMZ). 
This fishery had a July quota of 1,400 Chinook salmon. At the time of 
the consultation on July 18, 1,462 Chinook were known to have been 
harvested in this fishery. The management measures established 
preseason did not allow transfer of quota from the August fishery to 
the July fishery to accommodate exceeding the July quota. Chinook 
harvested in excess of the July quota would have to be accounted for by 
modifying the August quota. At the time of the follow-up consultation 
on July 28, the estimated harvest in the July fishery was 1,564. 
Because harvest exceeded the quota for the July fishery, the Salmon 
Technical Team (STT) was asked to calculate the impact neutral \1\ 
adjustment for the August quota; that adjustment reduced the August 
quota established preseason from 1,000 Chinook to 880 Chinook.
---------------------------------------------------------------------------

    \1\ Impact neutral: Inseason transfers of quota alter the timing 
and location of catch from what was projected preseason; therefore, 
a one-to-one transfer is not appropriate and the transfer must be 
re-modeled by the STT to determine an impact neutral basis, which is 
a catch level that produces the same fishery mortality on the most 
constraining stock in the fishery as projected during the preseason 
management process.
---------------------------------------------------------------------------

    Inseason action 8 closed the commercial salmon fishery 
from Oregon/California border to Humboldt South Jetty (California KMZ) 
at 11:59 p.m. (midnight), July 18, 2011. This action was taken due to 
projected attainment of the quota for this fishery. On July 18, 2011, 
the states and the RA consulted on this action. Automatic closure of a 
fishery due to projected attainment of quota is authorized by 50 CFR 
660.409(a)(1).
    Inseason action 9 adjusted the quota for the August 
commercial salmon fishery in the California KMZ and modified the season 
and landing limit to August 1 through August 5 with a daily landing 
limit of 30 Chinook salmon per vessel. This action was taken to meet 
the management objectives established preseason, specifically to keep 
harvest within the established quotas. On July 28, 2011, the states 
recommended this action and the RA concurred; inseason action 
9 took effect on August 1, 2011 and remained in effect until 
superseded by inseason action 13, which took effect on August 
2, 2011. Modification of quota and/or fishing seasons is authorized by 
50 CFR 660.409(b)(1)(i).

Inseason Actions 10 and 11

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on July 28, 2011. The information considered during this 
consultation related to catch of Chinook and coho salmon to date and 
Chinook salmon catch rates compared to quotas and other management 
measures established preseason for the recreational salmon fishery 
north of Cape Falcon, Oregon. At the time of the consultation, Chinook 
salmon catch rates were projected to result in unutilized quota if no 
action was taken to modify the open periods and landing limits.
    Inseason action 10 modified the recreational fishery from 
Queets River to Leadbetter Point (Westport Subarea) from 5 days per 
week (Sunday through Thursday) to 7 days per week, consistent with the 
subareas north and south of Westport. Inseason action 11 
modified the landing limits in the recreational fishery from U.S./
Canada Border to Cape Alava (Neah Bay Subarea) and from Cape Alava to 
Queets River (La Push Subarea) to allow retention of 2 Chinook salmon 
per angler per day. These actions were taken to allow the recreational 
fishery greater access to available Chinook salmon. On July 28, 2011, 
the states recommended these actions and the RA concurred; inseason 
actions 10 and 11 took effect on August 1, 2011. 
Inseason action 10 remained in effect until superseded by 
inseason action 18 which took effect on August 19, 2011. 
Inseason action 11 remained in effect until superseded by 
inseason action 20 which took effect on August 29, 2011. 
Modification of quota and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i). Modification of recreational bag limits is authorized 
by 50 CFR 660.409(b)(1)(iii).

Inseason Action 12

    The RA consulted with representatives of the Council, IPHC, WDFW, 
and ODFW on July 28, 2011. The information considered during this 
consultation related to catch of halibut and Chinook salmon to date and 
Chinook salmon catch rates compared to quotas and other management 
measures established preseason. As discussed above, inseason action 
5 closed retention of halibut caught incidental to the 
commercial salmon fishery, effective May 28, 2011. Updated catch 
statistics presented by the states determined that a modest amount of 
halibut quota remained unharvested, amounting to somewhat less than 
3,000 pounds of halibut (landed, head-on) or approximately 118 to 148 
halibut.
    Inseason action 12 re-opened incidental halibut retention 
in the commercial salmon fishery with a landing limit of 1 halibut per 
vessel for each 7 consecutive days, Friday through Thursday. On July 
28, 2011, the states recommended this action and the RA concurred; 
inseason action 12 took effect on July 29, 2011. Modification 
of quota and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).

Inseason Action 13

    The RA consulted with representatives of the Council, ODFW, and 
CDFG on August 2, 2011. The information considered during this 
consultation related to catch of Chinook salmon to date and Chinook 
salmon catch rates compared to quotas and other management measures 
established preseason for the commercial salmon fishery in the Klamath 
Management Zone (KMZ). The quota, landing limit, and duration of this 
fishery were modified under inseason action 9 to mitigate the 
impact of exceeding the July quota; the modified August quota was 880 
Chinook salmon, the modified season was August 1 through August 5 with 
a daily landing limit of 30 Chinook salmon per vessel. In the first day 
of this fishery, estimated landings totaled 325 Chinook salmon, leaving 
only 555 Chinook. The STT was of the opinion that catch rates were not 
likely to decrease during this short fishery, and stable or increasing 
catch rates would result in exceeding the quota. Additional inseason 
action was necessary to avoid exceeding the quota for the August 
fishery.
    Inseason action 13 closed the commercial salmon fishery 
from

[[Page 68352]]

Oregon/California border to Humboldt South Jetty (California KMZ) at 
11:59 p.m. (midnight), August 2, 2011. This action was taken due to 
projected attainment of the quota for this fishery. On August 2, 2011, 
the states and the RA consulted on this action. Automatic closure of a 
fishery due to projected attainment of quota is authorized by 50 CFR 
660.409(a)(1).

Inseason Action 14

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on August 3, 2011. The information considered during this 
consultation related to catch of Chinook and coho salmon to date and 
Chinook salmon catch rates compared to quotas and other management 
measures established preseason for the recreational salmon fishery 
north of Cape Falcon, Oregon. Due to reduced fishing effort as compared 
with last year, Chinook salmon catch was lower than anticipated 
preseason.
    Inseason action 14 modified the daily bag limit in the 
recreational fishery from Queets River to Leadbetter Point (Westport 
subarea) and from Leadbetter Point to Cape Falcon (Columbia River 
subarea) to allow retention of 2 Chinook salmon per angler per day. 
This action was taken to allow recreational fisheries access to 
available Chinook salmon. On August 3, 2011, the states recommended 
this action and the RA concurred; inseason action 14 took 
effect on August 7, 2011 and remained in effect until superseded by 
inseason action 16, which took effect on August 14, 2011. 
Modification of recreational bag limits is authorized by 50 CFR 
660.409(b)(1)(iii).

Inseason Action 15

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on August 11, 2011. The information considered during this 
consultation related to catch of Chinook and coho salmon to date and 
Chinook salmon catch rates compared to quotas and other management 
measures established preseason for the commercial salmon fishery north 
of Cape Falcon, Oregon. The management objectives for the summer 
commercial fishery were to fully utilize the allowable catch of Chinook 
and coho salmon while not exceeding the quota, and to provide 
opportunity for salmon harvest into September. At the time of the 
consultation on August 11, increased participation in the fishery had 
resulted in increased landings, with the result that 90 percent of the 
Chinook guideline had been harvested; therefore, inseason action was 
necessary to stay within the Chinook salmon guideline set preseason.
    Inseason action 15 suspended the commercial fishery, north 
of Cape Falcon, scheduled to be open August 12 through August 16. This 
action was taken to avoid exceeding the Chinook salmon guideline while 
managers determined exactly how much allowable Chinook salmon catch 
remained. On August 11, 2011, the states recommended this action and 
the RA concurred; inseason action 15 took effect on August 12, 
2011 and remained in effect until superseded by inseason action 
19, which was effective on August 19, 2011. Modification of 
quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action 16

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on August 12, 2011. The information considered during this 
consultation related to catch of Chinook and coho salmon to date and 
Chinook salmon catch rates compared to quotas and other management 
measures established preseason for the recreational salmon fishery 
north of Cape Falcon, Oregon. Recent upsurge in effort and catch per 
unit effort in the Westport subarea resulted in accelerated harvest 
that threatened to utilize the available Chinook salmon ahead of the 
management objective to allow recreational fishing into September.
    Inseason action 16 modified the daily landing limit for 
the recreational fishery from Queets River to Leadbetter Point 
(Westport subarea) and from Leadbetter Point to Cape Falcon (Columbia 
River subarea) to allow retention of two salmon per angler per day, 
only one of which could be a Chinook salmon. On August 12, 2011, the 
states recommended this action and the RA concurred; inseason action 
16 took effect on August 14, 2011. Modification of 
recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Actions 17 and 18

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on August 16, 2011. The information considered during this 
consultation related to catch of Chinook and coho salmon to date and 
Chinook salmon catch rates compared to quotas and other management 
measures established preseason for the recreational salmon fishery 
north of Cape Falcon, Oregon. The spring recreational fishery ended 
June 25 with a remaining quota of 2,500 mark-selective Chinook salmon 
unharvested; the STT calculated that unutilized spring quota would be 
equivalent to 1,200 non-mark-selective Chinook salmon in the summer 
fishery and should be distributed proportionally among the four 
subareas. Even with the additional quota, without further inseason 
adjustment, the Westport subarea was at risk of exceeding its allowable 
catch of Chinook salmon.
    Inseason action 17 rolled-over unutilized Chinook salmon 
quota from the spring recreational fishery north of Cape Falcon to the 
summer recreational fishery on an impact neutral basis, and distributed 
the adjusted quota proportionally among the four subareas as follows: 
Columbia River (+310 Chinook), Westport (+700 Chinook), La Push (+60 
Chinook), and Neah Bay (+130 Chinook). This action was taken to allow 
fishing opportunity on unutilized quota.
    Inseason action 18 modified the recreational fishery in 
the Westport subarea (Queets River to Leadbetter Point) by limiting 
fishing to Sunday through Thursday. This action superseded inseason 
action 10, which took effect August 1, 2011. This action was 
taken to prevent the Westport subarea from exceeding its allowable 
catch of Chinook salmon.
    On August 16, 2011, for inseason actions 17 and 
18, the states recommended these actions and the RA concurred; 
both inseason actions took effect on August 19, 2011. Modification of 
quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action 19

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on August 17, 2011. The information considered during this 
consultation related to catch of Chinook and coho salmon to date and 
Chinook salmon catch rates compared to quotas and other management 
measures established preseason for the commercial salmon fishery north 
of Cape Falcon, Oregon. The management objectives for the summer 
commercial fishery were to fully utilize the allowable catch of Chinook 
and coho salmon while not exceeding the quota, and to provide 
opportunity for salmon harvest into September. Inseason action 
15 suspended the commercial salmon fishery north of Cape 
Falcon on August 12. Consultation on August 17 indicated 1,070 Chinook 
salmon remained from the guideline set preseason.
    Inseason action 19 provided a one-day opening of the 
commercial salmon fishery from the U.S./Canada border to Cape Falcon, 
Oregon on Friday, August 19, 2011, with a landing limit of 12 Chinook 
and 50 coho per vessel. On

[[Page 68353]]

August 17, 2011, the states recommended this action and the RA 
concurred. Modification of quota and/or fishing seasons is authorized 
by 50 CFR 660.409(b)(1)(i).

Inseason Action 20

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on August 23, 2011. The information considered during this 
consultation related to catch of Chinook and coho salmon to date and 
Chinook salmon catch rates compared to quotas and other management 
measures established preseason for the recreational salmon fishery 
north of Cape Falcon, Oregon. With limited Chinook salmon remaining to 
be caught, the management concern was to keep the fishery open to 
access available coho quota.
    Inseason action 20 modified the recreation salmon fishery 
from the U.S./Canada border to Cape Falcon, Oregon to allow fishing 
seven days per week with no retention of Chinook salmon, effective 
August 29, 2011. On August 23, 2011, the states recommended this action 
and the RA concurred. Modification of quota and/or fishing seasons is 
authorized by 50 CFR 660.409(b)(1)(i). Modification of recreational bag 
limits is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action 21

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on August 24, 2011. The information considered during this 
consultation related to catch of Chinook and coho salmon to date and 
Chinook salmon catch rates compared to quotas and other management 
measures established preseason for the commercial salmon fishery north 
of Cape Falcon, Oregon. The management objective for this fishery is to 
fully access the available coho quota while not exceeding the available 
Chinook salmon guideline.
    Inseason action 21 provided a three-day opening of the 
commercial salmon fishery from the U.S./Canada border to Cape Falcon, 
Oregon, from August 27 through August 29, 2011, with a landing limit of 
12 Chinook and 75 coho per vessel. On August 24, 2011, the states 
recommended this action and the RA concurred. Modification of quota 
and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action 22

    The RA consulted with representatives of the Council, ODFW, and 
CDFG on August 25, 2011. The information considered during this 
consultation related to catch of coho salmon to date and coho salmon 
catch rates compared to quotas and other management measures 
established preseason for the recreational salmon fishery south of Cape 
Falcon. The 2011 salmon management measures (76 FR 25246, May 4, 2011) 
specified that any remainder of the mark selective coho quota from the 
July-August fishery would be transferred on an impact neutral basis to 
the September non-selective coho quota. The STT calculated the transfer 
would add 2,959 coho to the September quota, resulting in an adjusted 
quota of 5,959 coho for September. The management objective for this 
fishery is to allow access to all available quota.
    Inseason action 22 modified the recreational salmon 
fishery from Cape Falcon to Humbug Mountain, Oregon, opening the non-
mark-selective coho fishery September 1 through September 10, 2011 or 
until attainment of the adjusted quota of 5,959 coho, all salmon, two 
fish per day. On August 25, 2011, the states recommended this action 
and the RA concurred. Modification of quota and/or fishing seasons is 
authorized by 50 CFR 660.409(b)(1)(i). Modification of recreational bag 
limits is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action 23

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on August 31, 2011. The information considered during this 
consultation related to catch of Chinook and coho salmon to date and 
Chinook salmon catch rates compared to quotas and other management 
measures established preseason for the commercial salmon fishery north 
of Cape Falcon, Oregon. At the time of the consultation a modest 
quantity of Chinook salmon remained available, as well as a significant 
amount of the coho quota. The management objective for this fishery was 
to access fully the available coho quota while not exceeding the 
available Chinook salmon guideline.
    Inseason action 23 provided two four-day openings of the 
commercial salmon fishery from the U.S./Canada border to Cape Falcon, 
Oregon, from September 3 through September 6, 2011 and from September 
10 through September 13, 2011, with a landing limit of 20 Chinook and 
100 coho per vessel. On August 31, 2011, the states recommended this 
action and the RA concurred. Modification of quota and/or fishing 
seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Actions 24 and 25

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on August 31, 2011. The information considered during this 
consultation related to catch of Chinook and coho salmon to date and 
Chinook salmon catch rates compared to quotas and other management 
measures established preseason for the recreational salmon fishery 
north of Cape Falcon, Oregon. Management objectives are to fully access 
available coho quota without exceeding the Chinook guideline and to 
keep the recreational fisheries open through the Labor Day holiday (50 
CFR 660.408(h)(3)). Taken as a whole, the north of Cape Falcon 
recreational fishery had sufficient coho to remain open; one subarea, 
La Push, had almost exhausted its coho quota. At the time of the 
consultation, it was estimated that 2,721 Chinook remained available 
for harvest.
    Inseason action 24 transferred unutilized coho quota from 
the Neah Bay subarea to the La Push subarea on an impact neutral basis. 
The STT calculated that removing 1,000 coho from Neah Bay would achieve 
an effective transfer of 850 coho to La Push.
    Inseason action 25 superseded inseason action 20 
to allow retention of one Chinook salmon per day per angler in the 
recreational fishery north of Cape Falcon, effective September 5, 2011.
    On August 31, 2011, the states recommended these actions and the RA 
concurred. Inseason action 24 took effect immediately. 
Inseason action 25 took effect September 5, 2011. Modification 
of quota and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i). Modification of recreational bag limits is authorized 
by 50 CFR 660.409(b)(1)(iii).

Inseason Action 26

    The RA consulted with representatives of the Council, ODFW, and 
CDFG on September 6, 2011. The information considered during this 
consultation related to catch of coho salmon to date and coho salmon 
catch rates compared to quotas and other management measures 
established preseason for the recreational salmon fishery south of Cape 
Falcon. At the time of the consultation, catch data for September 1 
through 5 indicated that catch per unit effort was greatly exceeding 
expectations and exceeding the quota would likely occur due to the time 
needed to notify the public of further inseason action. Inseason action 
was necessary to limit the amount by which the quota would be exceeded.

[[Page 68354]]

    Inseason action 26 modified the recreational salmon 
fishery from Cape Falcon to Humbug Mountain, Oregon. The non-mark-
selective coho fishery was closed at 11:59 p.m. (midnight), September 
7, 2011; the all salmon except coho fishery resumed on September 8, 
2011. On September 6, 2011, the states recommended this action and the 
RA concurred. Modification of quota and/or fishing seasons is 
authorized by 50 CFR 660.409(b)(1)(i). Modification of recreational bag 
limits is authorized by 50 CFR 660.409(b)(1)(iii).
    All other restrictions and regulations remain in effect as 
announced for the 2011 Ocean Salmon Fisheries and previous inseason 
actions.
    The RA determined that the best available information indicated 
that the catch and effort data, and projections, supported the above 
inseason actions recommended by the states. 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 date 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 
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 (76 FR 25246, May 4, 2011), the West Coast 
Salmon Plan, and regulations implementing the West Coast Salmon Plan 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 fishery catch and effort data were 
collected to determine the extent of the fisheries, 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 Fishery Management Plan 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: November 1, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-28663 Filed 11-3-11; 8:45 am]
BILLING CODE 3510-22-P