[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Rules and Regulations]
[Pages 30780-30781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12320]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 130108020-3409-01]
RIN 0648-XC686


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Action 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 one inseason action in the ocean 
salmon fisheries. This inseason action modified the commercial 
fisheries in the area from Oregon/California Border to Humboldt South 
Jetty (California Klamath Management Zone).

DATES: This inseason action is effective May 10, 2013 and remains in 
effect until June 1, 2013. Comments will be accepted through June 7, 
2013.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2012-0248, 
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-2012-0248, 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 2013 annual management measures for ocean salmon fisheries 
(78 FR 25865, May 3, 2013), 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, 2013, and 2014 salmon seasons 
opening earlier than May 1, 2014.
    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). Automatic season 
closure, a fixed inseason management provision, is allowed when the 
Regional Administrator (RA) projects a quota to be reached on or by a 
certain date (50 CFR 660.409(a)(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 action in this document applies south 
of Cape Falcon.

Inseason Action

Inseason Action 3

    Representatives of the California Department of Fish and Wildlife 
(CDFW) contacted the RA on May 8, 2013, requesting an inseason 
consultation to discuss managing the quota in the commercial salmon 
fishery in the area from Oregon/California Border to Humboldt South 
Jetty, known as the California Klamath Management Zone (CA-KMZ). The 
quota for this fishery in the month of May was 3,000 Chinook salmon. 
The RA scheduled the consultation for May 10, 2013 and notified the 
Council. On May 9, CDFW provided updated information on catch-to-date 
and effort in the fishery. Based on the updated information, the RA 
projected that the quota for the May fishery was likely to be reached 
on Friday, May 10; therefore, the RA took inseason action on May 9 to 
implement automatic closure of this fishery on Friday, May 10, 2013.
    Inseason action 3 closed the commercial salmon fisheries 
in the CA-KMZ effective 12 p.m. (noon), Friday, May 10, 2013, due to 
projected attainment of quota. This action was taken to avoid exceeding 
the quota for the fishery, while providing sufficient time for NMFS and 
CDFW to notify the public of the closure. On May 9, 2013, CDFW 
recommended this action and the RA concurred. This inseason action 
remains in effect until June 1, 2013. This inseason action is 
authorized by 50 CFR 660.409(a)(1).
    All other restrictions and regulations remain in effect as 
announced for the 2013 Ocean Salmon Fisheries and 2014 fisheries 
opening prior to May 1, 2014 (78 FR 25865, May 3, 2013).
    The RA determined that the best available information indicated 
that catch and effort projections supported the above inseason action 
recommended by the State of California. The state manages 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 action 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.

[[Page 30781]]

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 (78 FR 25865, May 3, 2013), 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 agency had insufficient time to provide for prior notice and 
the opportunity for public comment between the time the catch and 
effort 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 FMP and the current 
management measures.
    This action is authorized by 50 CFR 660.409 and 660.411 and is 
exempt from review under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: May 20, 2013.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2013-12320 Filed 5-22-13; 8:45 am]
BILLING CODE 3510-22-P