[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Rules and Regulations]
[Pages 50347-50350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20181]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 130108020-3409-01]
RIN 0648-XC738


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Actions 6 Through 
11

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

[[Page 50348]]


ACTION: Modification of fishing seasons; request for comments.

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SUMMARY: NOAA Fisheries announces six inseason actions in the ocean 
salmon fisheries. These inseason actions modified the commercial 
fisheries in the area from the U.S./Canada Border to Humboldt South 
Jetty.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions. Comments will be accepted 
through September 3, 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).
    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 6 through 10 in 
this document apply south of Cape Falcon; inseason action 11 
in this document applies north of Cape Falcon.
    The fisheries affected by the inseason actions in this document are 
all based on quotas to manage impacts on specific salmon stocks that 
constrain fisheries to meet conservation objectives, annual catch 
limits (ACLs), and consultation standards for stocks listed under the 
Endangered Species Act (ESA-listed). Annual management measures allow 
for adjusting quotas among fishing periods on an impact neutral basis, 
as calculated by the Salmon Technical Team (STT).

Inseason Action

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

------------------------------------------------------------------------
                                                    Salmon fishery
 Inseason action number       Effective date           affected
---------------------------------------------------------------------
6......................  June 4, 2013...........  Commercial fishery
                                                   from the Oregon/
                                                   California Border
                                                   to Humboldt South
                                                   Jetty (California
                                                   Klamath
                                                   Management Zone
                                                   or CA-KMZ)..
7......................  June 9, 2013...........  Commercial fishery
                                                   from the Oregon/
                                                   California Border
                                                   to Humboldt South
                                                   Jetty (California
                                                   Klamath
                                                   Management Zone
                                                   or CA-KMZ)..
8......................  June 11, 2013..........  Commercial fishery
                                                   from the Oregon/
                                                   California Border
                                                   to Humboldt South
                                                   Jetty (California
                                                   Klamath
                                                   Management Zone
                                                   or CA-KMZ)..
9......................  July 3, 2013...........  Commercial fishery
                                                   from the Oregon/
                                                   California Border
                                                   to Humboldt South
                                                   Jetty (California
                                                   Klamath
                                                   Management Zone
                                                   or CA-KMZ)..
10.....................  July 3, 2013...........  Commercial fishery
                                                   from Humbug
                                                   Mountain to the
                                                   Oregon/California
                                                   Border (Oregon
                                                   Klamath
                                                   Management Zone
                                                   or OR-KMZ)..
11.....................  July 3, 2013...........  Commercial
                                                   fisheries from
                                                   the US/Canada
                                                   Border to Cape
                                                   Falcon..
------------------------------------------------------------------------

Inseason Action 6

    The RA consulted with representatives of the Council, California 
Department of Fish and Wildlife (CDFW), and Oregon Department of Fish 
and Wildlife (ODFW) on June 4, 2013.
    The information considered during this consultation related to 
updated catch information from the May commercial salmon fishery in the 
CA-KMZ. Inseason action 6 adjusted the commercial salmon quota 
for June in the CA-KMZ. This action was taken to allow access to 
available quota within allowable impacts to constraining stocks. The 
May fishery had a quota of 3,000 Chinook salmon; actual landings were 
2,700 Chinook salmon; therefore, 300 Chinook quota from May remained. 
The Salmon Technical Team (STT) calculated that transferring 300 
Chinook from the May fishery to the June fishery in the CA-KMZ on an 
impact neutral basis for Klamath River fall Chinook (KRFC) would result 
in an addition of 352 Chinook salmon to the June quota, which was set 
preseason at 3,000 Chinook salmon. KRFC is the constraining stock for 
CA-KMZ fisheries to meet ACLs and as a surrogate for impacts to ESA-
listed California coastal Chinook salmon. On June 4, 2013, the states 
recommended adopting an adjusted quota of 3,352 Chinook salmon for the 
June commercial fishery in the CA-KMZ and the RA concurred. Inseason 
action 6 took effect on June 4, 2013 and remains in effect to 
the end of the season. Inseason action to modify quotas and/or fishing 
seasons is authorized by Sec.  660.409(b)(1)(i).

Inseason Action 7

    The RA consulted with representatives of the Council, CDFW, and 
ODFW on June 7, 2013.
    The information considered during this consultation related to 
catch and

[[Page 50349]]

effort to date in the commercial salmon fishery in the CA-KMZ. Inseason 
action 7 closed the commercial salmon fishery in this area at 
11:59 p.m., June 9, 2013 to allow managers the opportunity to evaluate 
catch to date, which was projected to be approaching the June quota. 
This action was taken to prevent exceeding the June quota. On June 7, 
2013, the state of California recommended this action and the RA 
concurred. Inseason action 7 took effect on June 9, 2013 and 
remained in effect until superseded by inseason action 8 on 
June 11, 2013. Inseason action to modify quotas and/or fishing seasons 
is authorized by Sec.  660.409(b)(1)(i).

Inseason Action 8

    The RA consulted with representatives of the Council, CDFW, and 
ODFW on June 10, 2013.
    The information considered during this consultation related to 
catch and effort to date in the commercial salmon fishery in the CA-
KMZ, including landings reported subsequent to the closure implemented 
under inseason action 7. The state of California recommended 
that sufficient quota remained to support an additional 24-hour opening 
of this fishery and the RA concurred. Inseason action 8 
reopened this fishery from 12:01 a.m., Tuesday, June 11, 2013 to 11:59 
p.m., Tuesday, June 11, 2013, after which the fishery remained closed 
for the remainder of June. This action was taken to provide access to, 
without exceeding, remaining quota for the June fishery. Inseason 
action to modify quotas and/or fishing seasons is authorized by Sec.  
660.409(b)(1)(i).

Inseason Action 9

    The RA consulted with representatives of the Council, CDFW, ODFW, 
and Washington Department of Fish and Wildlife (WDFW) on July 3, 2013.
    The information considered during this consultation related to 
catch information from the June commercial salmon fishery in the CA-
KMZ. Inseason action 9 adjusted the commercial salmon quota 
for July in the CA-KMZ. This action was taken to allow access to 
available quota within allowable impacts to constraining stocks. The 
June fishery had an adjusted quota of 3,352 Chinook salmon; actual 
landings in June were 2,965 Chinook salmon; therefore, 387 Chinook 
quota from June remained. The STT calculated that transferring 387 
Chinook from the June fishery to the July fishery in the CA-KMZ on an 
impact neutral basis for KRFC would result in an addition of 547 
Chinook salmon to the July quota, which was set preseason at 2,000 
Chinook salmon. KRFC is the constraining stock for CA-KMZ fisheries to 
meet ACLs and as a surrogate for impacts to ESA-listed California 
coastal Chinook. On July 3, 2013, the states recommended adopting an 
adjusted quota of 2,547 Chinook salmon for the July commercial fishery 
in the CA-KMZ and the RA concurred. Inseason action 9 took 
effect on July 3, 2013 and remains in effect to the end of the season 
or until modified by inseason action. Inseason action to modify quotas 
and/or fishing seasons is authorized by Sec.  660.409(b)(1)(i).

Inseason Action 10

    The RA consulted with representatives of the Council, CDFW, ODFW, 
and WDFW on July 3, 2013.
    The information considered during this consultation related to 
catch and effort to date in the commercial salmon fishery in the OR-
KMZ. Inseason action 10 adjusted the commercial salmon quota 
for July in the OR-KMZ. This action was taken to allow access to 
available quota within allowable impacts to constraining stocks. The 
June fishery had a quota of 4,000 Chinook salmon. June landings were 
estimated at 1,525; therefore, 2,475 Chinook quota from June remained. 
The STT calculated that transferring 2,475 from the June fishery to the 
July fishery in the OR-KMZ on an impact neutral basis for KRFC would 
result in an addition of 1,782 Chinook salmon to the July quota, which 
was set preseason at 3,000 Chinook salmon. KRFC is the constraining 
stock for OR-KMZ fisheries to meet annual catch limits (ACLs) and as a 
surrogate for impacts to ESA-listed California coastal Chinook. On July 
3, 2013, the state of Oregon recommended adopting an adjusted quota of 
4,782 Chinook salmon for the July commercial fishery in the OR-KMZ and 
the RA concurred. Inseason action 10 took effect on July 3, 
2013 and remains in effect to the end of the season or until modified 
by inseason action. Inseason action to modify quotas and/or fishing 
seasons is authorized by Sec.  660.409(b)(1)(i).

Inseason Action 11

    The RA consulted with representatives of the Council, CDFW, ODFW, 
and WDFW on July 3, 2013.
    The information considered during this consultation related to 
catch and effort to date in the commercial salmon fishery north of Cape 
Falcon, Oregon. Inseason action 11 adjusted the commercial 
salmon quota for the July-September season. This action was taken to 
allow access to available quota within allowable impacts to 
constraining stocks. The May-June fishery had a quota of 29,300 Chinook 
salmon, with a subarea quota of 8,700 Chinook salmon in the area north 
of the Queets River. May-June landings were estimated at 24,037 Chinook 
north of Cape Falcon, with 8,167 Chinook salmon landed north of the 
Queets River. The STT calculated that transferring the remaining quota 
to the July-September season on an impact neutral basis for Lower 
Columbia River Chinook salmon (natural tule), an ESA-listed stock, 
would result in adding 4,600 Chinook salmon to the 14,700 Chinook quota 
established preseason for the area north of Cape Falcon. On July 3, 
2013, the state of Washington recommended adopting an adjusted quota of 
19,300 Chinook salmon in the July-September commercial fishery north of 
Cape Falcon, of which no more than 6,600 Chinook salmon may be landed 
north of the Queets River, and the RA concurred. Inseason action 
11 took effect on July 3, 2013 and remains in effect to the 
end of the season or until modified by inseason action. Inseason action 
to modify quotas and/or fishing seasons is authorized by Sec.  
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) and subsequent 
inseason actions (78 FR 30780, May 23, 2013; and 78 FR 35153, June 12, 
2013).
    The RA determined that the best available information indicated 
that catch and effort projections supported the above inseason actions 
recommended by the states of California, Oregon, and Washington. 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 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

[[Page 50350]]

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: August 14, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-20181 Filed 8-16-13; 8:45 am]
BILLING CODE 3510-22-P