[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Rules and Regulations]
[Pages 55426-55428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22236]



[[Page 55426]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 120424023-1023-01]
RIN 0648-XC121


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
4 through 14

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 11 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 
Oregon/California Border.

DATES: The effective dates for the inseason action are set out in this 
document under the heading Inseason Actions. Comments will be accepted 
through September 25, 2012.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2012-0079, 
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-2012-0079 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 2012 annual management measures for ocean salmon fisheries 
(77 FR 25915, May 2, 2012), 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, 2012, and 2013 salmon seasons 
opening earlier than May 1, 2013.
    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).

Inseason Actions

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

----------------------------------------------------------------------------------------------------------------
         Inseason action  number                 Effective date                 Salmon fishery affected
----------------------------------------------------------------------------------------------------------------
 4......................................  June 20, 2012..............  Commercial fishery from U.S./Canada
                                                                        Border to Cape Falcon, Oregon.
 5......................................  July 16, 2012..............  Recreational fishery from U.S./Canada
                                                                        Border to Cape Alava, Washington (Neah
                                                                        Bay subarea).
 6......................................  July 20, 2012..............  Commercial fishery from U.S./Canada
                                                                        Border to Cape Falcon, Oregon.
 7......................................  August 3, 2012.............  Recreational fishery from Queets River,
                                                                        Washington to Leadbetter Point,
                                                                        Washington (Westport subarea).
 8......................................  July 27, 2012..............  Commercial fishery from U.S./Canada
                                                                        Border to Cape Falcon, Oregon.
 9......................................  August 3, 2012.............  Commercial fishery from U.S./Canada
                                                                        Border to Cape Falcon, Oregon.
10......................................  August 6, 2012.............  Commercial fishery from Humbug Mountain,
                                                                        Oregon to Oregon/California Border
                                                                        (Oregon Klamath Management Zone--KMZ).
11......................................  August 17, 2012............  Commercial fishery from U.S./Canada
                                                                        Border to Cape Falcon, Oregon.
12......................................  August 24, 2012............  Commercial fishery from U.S./Canada
                                                                        Border to Cape Falcon, Oregon.
13......................................  August 17, 2012............  Recreational fishery from Queets River,
                                                                        Washington to Leadbetter Point,
                                                                        Washington (Westport subarea) and from
                                                                        U.S./Canada Border to Cape Alava (Neah
                                                                        Bay subarea).
14......................................  August 27, 2012............  Recreational fishery from Leadbetter
                                                                        Point, Washington to Cape Falcon, Oregon
                                                                        (Columbia River subarea).
----------------------------------------------------------------------------------------------------------------

Inseason Action 4

    The RA consulted with representatives of the Council, Washington 
Department of Fish and Wildlife (WDFW), and Oregon Department of Fish 
and Wildlife (ODFW) on June 19, 2012. The information considered during 
this consultation related to catch and effort to date in the commercial 
salmon fishery north of Cape Falcon.
    Inseason action 4 closed the commercial salmon fishery 
from the U.S./Canada Border to Cape Falcon, Oregon at 11:59 p.m. 
(midnight) on June 20, 2012 with a requirement that all salmon be 
landed within 24 hours of the closure. The fishery reopened for the 
period June 22, 2012 through June 29, 2012, with a landing limit of 35 
Chinook salmon per vessel for that period and a

[[Page 55427]]

requirement that all salmon be landed within 24 hours of the closure. 
This action was taken to prevent exceeding the Chinook salmon quota in 
the commercial fishery north of Cape Falcon for the May/June season. On 
June 19, 2012, the states recommended this action and the RA concurred; 
inseason action 4 took effect on June 20, 2012 and remained in 
effect until July 1, 2012, when the 2012 management measures for the 
2012 July through September season took effect. Inseason modification 
of quotas and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).

Inseason Action 5

    The RA consulted with representatives of WDFW on July, 12, 2012. 
The information considered during this consultation related to catch 
and effort to date in the recreational salmon fishery north of Cape 
Falcon. Council staff were not available to participate in the 
consultation, but NMFS subsequently consulted with them and they agreed 
with the action taken. ODFW did not participate in the consultation as 
the action did not affect Oregon fisheries.
    Inseason action 5 adjusted the daily bag limit for the 
recreational salmon fishery from U.S./Canada Border to Cape Alava (Neah 
Bay subarea). The daily bag limit, which had been set preseason at two 
fish per day, was changed to two fish per day only one of which can be 
a Chinook salmon. This action was taken to conserve available Chinook 
salmon and to extend the season as planned preseason by slowing the 
catch rate of Chinook salmon. On July 12, 2012, the state of Washington 
recommended this action and the RA concurred; inseason action 
5 took effect on July 16, 2012, and remained in effect until 
inseason action 13 took effect on August 17, 2012. 
Modification of recreational bag limits is authorized by 50 CFR 
660.409(b)(1)(iii).

Inseason Actions 6, 8, 9, and 11

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on July 18, July 25, August 1, and August 15, 2012. The 
information considered during these consultations related to catch and 
effort to date in the commercial salmon fishery north of Cape Falcon.
    These inseason actions made incremental adjustments to the landing 
limit in the commercial salmon fishery from the U.S./Canada Border to 
Cape Falcon, Oregon for the July 6 through August 17, 2012 season. The 
landing limit established preseason was 40 Chinook salmon and 35 coho 
per vessel per open period. The specific landing limit adjustments are 
shown in the following table:

------------------------------------------------------------------------
                                                       Adopted landing
   Inseason action number        Effective dates            limit
------------------------------------------------------------------------
 6..........................  July 20, 2012         50 Chinook salmon
                               through July 24,      and 35 coho.
                               2012.
 8..........................  July 27, 2012         60 Chinook salmon
                               through July 31,      and 35 coho.
                               2012.
 9..........................  August 3, 2012        90 Chinook salmon
                               through August 14,    and 35 coho.
                               2012.
11..........................  August 17, 2012       120 Chinook salmon
                               through August 21,    and 40 coho.
                               2012.
------------------------------------------------------------------------

    These actions were taken to allow access to under-utilized Chinook 
salmon and coho quotas. At each consultation listed above, the states 
recommended the action and the RA concurred. Modification of landing 
limits inseason is authorized by 50 CFR 660.409(b)(1)(ii).

Inseason Action 7

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on July 25, 2012. The information considered during this 
consultation related to catch and effort to date in the recreational 
salmon fishery north of Cape Falcon.
    Inseason action 7 removed the 5 day per week restriction 
established preseason for recreational fishing from Queets River, 
Washington, to Leadbetter Point, Washington (Westport subarea) and 
opened recreational salmon fishing in this area 7 days per week. This 
action was taken to allow greater access to available Chinook salmon. 
On July 25, 2012, the state of Washington recommended this action and 
the RA concurred; inseason action 7 took effect on August 3, 
2012, and remains in effect until subsequent inseason action or the end 
of the fishing season as described in the annual management measures 
for 2012. Modification of recreational fishing days per calendar week 
is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action 10

    The RA consulted with representatives of the Council, ODFW, and 
California Department of Fish and Game on August 6, 2012. The 
information considered during this consultation related to catch and 
effort to date in the commercial salmon fishery south of Cape Falcon.
    Inseason action 10 closed the commercial salmon fishery 
from Humbug Mountain, Oregon to the Oregon/California Border (Oregon 
KMZ). This action was taken due to projected attainment of the August 
quota of Chinook salmon within the management area. On August 6, 2012, 
the state of Oregon recommended this action and the RA concurred; 
inseason action 10 took effect at 11:59 p.m. (midnight), 
August 3, 2012, and remains in effect until September 5, 2012. Closure 
of a fishing season for projected attainment of quota is authorized by 
50 CFR 660.409(a)(1).

Inseason Action 12

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on August 15, 2012. The information considered during this 
consultation related to catch and effort to date in the commercial 
salmon fishery north of Cape Falcon.
    Inseason action 12 modified the landing and possession 
limit and landing periods for the commercial salmon fishery from the 
U.S./Canada Border to Cape Falcon, Oregon for the August 24 through 
September 17, 2012 season. Preseason, this fishery was scheduled to be 
open Friday through Monday with a landing and possession limit of 20 
Chinook salmon and 40 coho per vessel per open period. Inseason action 
12 changed the openings to Friday through Tuesday with a 
landing and possession limit of 120 Chinook salmon and 40 coho per 
vessel per open period. This action was taken to allow greater access 
to under-utilized Chinook salmon and coho quota. On August 15, 2012, 
the state of Washington recommended this action and the RA concurred; 
inseason action 12 took effect on August 24, 2012, and remains 
in effect until subsequent inseason action or the end of the fishing 
season as described in the annual management measures for 2012. 
Inseason modification of quotas 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, WDFW, and 
ODFW on August 15. The

[[Page 55428]]

information considered during this consultation related to catch and 
effort to date in the recreational salmon fishery north of Cape Falcon.
    Inseason action 13 changed the daily bag limit in the 
recreational salmon fisheries from Queets River, Washington to 
Leadbetter Point, Washington (Westport subarea) and from the U.S./
Canada Border to Cape Alava (Neah Bay subarea). The bag limit in the 
Westport subarea was set preseason at two fish per day, no more than 
one of which can be a Chinook. The bag limit in the Neah Bay subarea 
was set preseason at two fish per day was modified by Inseason action 
5 to two fish per day, only one of which can be a Chinook 
salmon. Inseason action 13 changed the bag limit in Westport 
and Neah Bay subareas to two fish per day, both of which can be Chinook 
salmon. This action was taken to allow greater access to available 
Chinook salmon. On August 15, 2012, the state of Washington recommended 
this action and the RA concurred; inseason action 13 took 
effect on August 17, 2012, and remains in effect until subsequent 
inseason action or the end of the fishing season as described in the 
annual management measures for 2012. Modification of recreational bag 
limits is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action 14

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on August 22. The information considered during this consultation 
related to catch and effort to date in the recreational salmon fishery 
north of Cape Falcon.
    Inseason action 14 changed the daily bag limit in the 
recreational salmon fisheries from Leadbetter Point, Washington to Cape 
Falcon, Oregon (Columbia River subarea). The bag limit in the Columbia 
River subarea was set preseason at two fish per day, no more than one 
of which can be a Chinook. Inseason action 14 changed the bag 
limit in the Columbia River subarea to two fish per day, both of which 
can be Chinook salmon. This action was taken to allow greater access to 
available Chinook salmon. On August 22, 2012, the state of Washington 
recommended this action and the RA concurred; inseason action 
14 took effect on August 27, 2012, and remains in effect until 
subsequent inseason action or the end of the fishing season as 
described in the annual management measures for 2012. 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 2012 Ocean Salmon Fisheries and 2013 fisheries 
opening prior to May 1, 2013 (77 FR 25915, May 2, 2012).
    The RA determined that the best available information indicated 
that the stock abundance, and catch and effort 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 (77 FR 25915, May 2, 2012), 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: September 4, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-22236 Filed 9-7-12; 8:45 am]
BILLING CODE 3510-22-P