[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Rules and Regulations]
[Pages 24360-24361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09808]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 120424023-1023-01]
RIN 0648-XC631


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

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 two inseason actions in the ocean 
salmon fisheries. These inseason actions modified the commercial 
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effect until modified by additional inseason action or superseded by 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 2013 annual management measures on May 1, 2013. Comments will be 
accepted through May 10, 2013.

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. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0079, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     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 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). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, 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). 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 Wildlife (CDFW), and Oregon Department of Fish 
and Wildlife (ODFW) on March 9, 2013. The information considered during 
this consultation related to projected abundance of Chinook salmon 
stocks for the 2013 salmon fishing season.
    Inseason action 1 adjusted the scheduled opening date for 
the commercial salmon fisheries from Cape Falcon, Oregon to Humbug 
Mountain, Oregon (Newport/Tillamook and Coos Bay subareas) and from 
Humbug Mountain, Oregon to the Oregon/California Border (Oregon Klamath 
Management Zone). These fisheries opened on April 1, 2013 rather than 
March 15, 2013, as previously scheduled in the 2012 management 
measures. This action was taken to conserve impacts on age-4 Klamath 
River fall Chinook salmon (KRFC). On March 9, 2013, the states 
recommended this action and the RA concurred; inseason action 
1 took effect on March 15, 2013. This inseason action remains 
in effect until superseded by inseason action or implementation of 2013 
annual management measures which will be effective on May 1, 2013. This 
inseason action is authorized by 50 CFR 660.409(b)(1).

Inseason Action 2

    The RA consulted with representatives of the Council, ODFW, and 
CDFW on March 9, 2013. The information considered during this 
consultation related to projected abundance of Chinook salmon stocks 
for the 2013 salmon fishing season.
    Inseason action 2 cancelled the opening scheduled in the 
commercial fishery from Horse Mountain, California

[[Page 24361]]

to Point Arena, California (Fort Bragg subarea), originally scheduled 
for April 16, 2013. This action was taken to conserve impacts on age-4 
KRFC. On March 9, 2013, the states recommended this action and the RA 
concurred; inseason action 2 took effect on March 15, 2013. 
This inseason action remains in effect until superseded by inseason 
action or implementation of 2013 annual management measures which will 
be effective on May 1, 2013. This inseason action is authorized by 50 
CFR 660.409(b)(1).
    All other restrictions and regulations remain in effect as 
announced for the 2012 Ocean Salmon Fisheries and 2012 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 stock abundance projections were 
developed and fisheries impacts 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, 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 19, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-09808 Filed 4-24-13; 8:45 am]
BILLING CODE 3510-22-P