[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Rules and Regulations]
[Pages 35153-35154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13986]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 130108020-3409-01]
RIN 0648-XC705


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Actions 4 and 5

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 U.S./Canada Border to Queets River.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions. Comments will be accepted 
through June 27, 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. These management measures include a 
May-June guideline of 8,700 Chinook salmon

[[Page 35154]]

in the area between the U.S./Canada Border and the Queets River, with 
provisions for an inseason conference call when it is projected that 
6,525 Chinook will be landed in this area to consider modifying the 
open period and adding a landing and possession limit to ensure the 
8,700 Chinook guideline is not exceeded (78 FR 25865, May 3, 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). 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). Prior to taking 
flexible 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 apply north 
of Cape Falcon.

Inseason Action

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 May 20, 2013.
    The information considered during this consultation related to 
catch and effort to date in the commercial salmon fishery from the 
U.S./Canada Border to the Queets River. Inseason action 4 
closed the commercial salmon fishery in this area at 11:59 p.m. 
(midnight), May 20, 2013 due to projected attainment of the 6,525 
interim guideline for Chinook salmon catch in the area and to provide a 
more complete accounting of the catch to date before proceeding with 
additional fisheries. On May 20, 2013, the states recommended this 
action and the RA concurred; inseason action 4 took effect on 
May 20, 2013, and remained in effect until May 24, 2013. Inseason 
action to modify quotas and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).

Inseason Action 5

    The RA consulted with representatives of the Council, WDFW, and 
ODFW on May 23, 2013.
    The information considered during this consultation related to 
catch and effort to date in the commercial salmon fishery from the 
U.S./Canada Border to the Queets River. Inseason action 5 
reopened the commercial salmon fishery in this area at 12:01 a.m. 
(midnight), May 24, 2013 through 11:59 p.m. (midnight), May 28, 2013 
with a landing and possession limit of 28 Chinook salmon per vessel. 
Vessels that fish during this open period and north of the Queets River 
are limited to a total landing and possession limit of 28 Chinook 
regardless of area of catch until the catch from their trip has been 
delivered. This action was taken to allow access to remaining salmon 
quota in the area without exceeding the quota. On May 23, 2013, the 
state of Washington recommended this action and the RA concurred; 
inseason action 5 took effect on May 24, 2013, and remained in 
effect through May 28, 2013. Inseason action to modify quotas 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 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 actions 
recommended by the State of Washington. 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 actions was given, prior to the time 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 (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 agencies 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.
    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: June 7, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-13986 Filed 6-11-13; 8:45 am]
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