[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Rules and Regulations]
[Pages 22682-22683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9249]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100223162-1268-01]
RIN 0648-XB120


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
1, 2, and 3

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 3 inseason actions in the ocean 
salmon fisheries. These inseason actions modified the commercial and 
recreational fisheries in the area from Cape Falcon, Oregon to Point 
Arena, California.

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effect until modified by additional inseason action or superseded by 
the 2012 annual management measures on May 1, 2012. Comments will be 
accepted through May 2, 2012.

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). The inseason actions in this document all apply 
south of Cape Falcon.

Inseason Actions

Inseason Action 1

    The RA consulted with representatives of the Council, California 
Department of Fish and Game (CDFG), and Oregon Department of Fish and 
Wildlife (ODFW) on March 5, 2012. The information considered during 
this consultation related to projected abundance of Chinook salmon 
stocks for the 2012 salmon fishing season.
    Inseason action 1 changed the minimum size limit for 
Chinook salmon caught in the recreational salmon fishery from Horse 
Mountain, California to Point Arena, California beginning April 7, 
2012. The minimum size limit for this fishery will be 20 inches total 
length, which is reduced from 24 inches as previously announced. This 
action was taken to allow access to abundant 3-year old Sacramento 
River fall Chinook salmon. On March 5, 2012, the states recommended 
this action and the RA concurred; inseason action 1 took 
effect on April 7, 2012. This inseason action remains in effect until 
superseded by inseason action or implementation of 2012 annual 
management measures which will be effective on May 1, 2012. This 
inseason action is authorized by 50 CFR 660.409(b)(1).

Inseason Actions 2 and 3

    The RA consulted with representatives of the Council, ODFW, and 
CDFG on March 6, 2012. The information considered during this 
consultation related to projected abundance of Chinook salmon stocks 
for the 2012 salmon fishing season.
    Inseason action 2 adjusted the scheduled opening date for 
the commercial salmon fishery from Cape Falcon, Oregon to Humbug 
Mountain, Oregon. Inseason action 3 adjusted the scheduled 
opening date for the commercial salmon fishery from Humbug Mountain, 
Oregon to the Oregon/California Border. These fisheries will open on 
April 1, 2012 rather than March 15, 2012 as previously scheduled in the 
2011 annual management measures. This action was taken as part of 
developing 2012 annual management measures to provide fisheries 
consistent with annual catch limits and conservation objectives, while 
meeting consultation standards on ESA-listed stocks. Fishery models 
suggested that this delay in opening would provide the best opportunity 
for optimal harvest without exceeding the guidelines of the FMP. On 
March 6, 2012, the states recommended this action and the RA concurred; 
inseason action 2 took effect on March 15, 2012. Modification 
of quota and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    All other restrictions and regulations remain in effect as 
announced for the 2011 Ocean Salmon Fisheries and 2012 fisheries 
opening prior to May 1, 2012 (76 FR 25246, May 4, 2011).
    The RA determined that the best available information indicated 
that the stock abundance, and catch and effort projections supported 
the above

[[Page 22683]]

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: April 12, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-9249 Filed 4-16-12; 8:45 am]
BILLING CODE 3510-22-P