[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39716-39718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16829]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150316270-5270-01]
RIN 0648-XE020


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Actions #7 Through #13

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

ACTION: Modification of fishing seasons; request for comments.

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SUMMARY: NMFS announces seven inseason actions in the ocean salmon 
fisheries. These inseason actions modified the commercial salmon 
fisheries in the area from the U.S./Canada border to the U.S./Mexico 
border.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions. Comments will be accepted 
through July 27, 2015.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0001, 
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-2015-0001, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: William W. Stelle, Jr., Regional Administrator, West 
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-6349.
    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).

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.

SUPPLEMENTARY INFORMATION:

Background

    In the 2015 annual management measures for ocean salmon fisheries 
(80 FR 25611, May 5, 2015), 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, 2015, and 2016 salmon seasons 
opening earlier than May 1, 2016. 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). The state management agencies that participated 
in the consultations described in this document were: Oregon Department 
of Fish and Wildlife (ODFW) and Washington Department of Fish and 
Wildlife (WDFW).
    Management of the salmon fisheries is generally divided into two 
geographic areas: North of Cape Falcon (U.S./Canada border to Cape 
Falcon, OR) and south of Cape Falcon (Cape Falcon, OR, to the U.S./
Mexico border). The inseason actions reported in this document affect 
fisheries north and south of Cape Falcon. Within the south of Cape 
Falcon area, the Klamath Management Zone (KMZ) extends from Humbug 
Mountain, OR, to Humboldt South Jetty, CA, and is divided at the 
Oregon/California border into the Oregon KMZ to the north and 
California KMZ to the south. All times mentioned refer to Pacific 
daylight time.

Inseason Actions

Inseason Action #7

    Description of action: Inseason action #7 reopened the commercial 
salmon fishery from Leadbetter Point, WA, to Cape Falcon, OR, on June 
5, 2015; Friday through Tuesday, with a landing and possession limit of 
40 Chinook salmon per vessel per open period. Inseason action #7 
superseded inseason action #6 (80 FR 36725, June 26, 2015), which 
temporarily closed this fishery on May 29, 2015.
    Effective dates: Inseason action #7 took effect on June 5, 2015, 
and remained in effect until superseded by inseason action #8 on June 
19, 2015.
    Reason and authorization for the action: After consideration of 
Chinook salmon landings to date and fishery effort, the Regional 
Administrator (RA) determined that sufficient quota remained to reopen 
this fishery with a 5-day open period and a landing and possession 
limit of 40 Chinook salmon per vessel per opening, to avoid exceeding 
the quota. This action was taken to allow access to available Chinook 
salmon quota, without exceeding the quota that was set preseason. 
Inseason action to modify quotas and/or fishing seasons is authorized 
by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#7 occurred on June 4, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #8

    Description of action: Inseason action #8 adjusted the landing and 
possession limit in the commercial salmon fishery from Leadbetter 
Point, WA, to Cape Falcon, OR, from 40 Chinook salmon per vessel per 
open period (see inseason action #7) to 80 Chinook salmon per vessel 
per open period. Inseason action #8 superseded inseason action #7.
    Effective dates: Inseason action #8 took effect on June 19, 2015, 
and remained in effect until superseded by inseason action #12 on June 
26, 2015.
    Reason and authorization for the action: The states provided 
information that poor weather conditions had restricted fishing 
opportunities in the affected area. After consideration of Chinook 
salmon landings to date and fishery effort, the RA determined that 
sufficient quota remained to increase the landing and possession limit 
to allow access to the remaining quota without exceeding the quota that 
was set preseason. Inseason action to modify quotas and/or fishing 
seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#8 occurred on June 18, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

[[Page 39717]]

Inseason Action #9

    Description of action: Inseason action #9 extended retention of 
Pacific halibut caught incidental to commercial salmon fishing (U.S./
Canada border to U.S./Mexico border) beyond the June 30, 2015 deadline 
announced preseason. Pacific halibut retention will continue without 
any changes to landing and possession requirements until further 
notice.
    Effective dates: Inseason action #9 took effect on July 1, 2015, 
and remains in effect until superseded by inseason action.
    Reason and authorization for the action: The International Pacific 
Halibut Commission (IPHC) establishes an annual allocation of Pacific 
halibut that can be retained when caught incidental to commercial 
salmon fishing by fishers who possess the necessary IPHC license. The 
annual ocean salmon management measures (80 FR 25611, May 5, 2015) 
authorized halibut retention only during April, May, and June of the 
2015 troll seasons and after June 30 in 2015 if quota remains. The RA 
considered Pacific halibut and Chinook salmon landings to date, and 
fishery effort, and determined that sufficient halibut allocation 
remained to allow retention to continue for the foreseeable future.
    Consultation date and participants: Consultation on inseason action 
#9 occurred on June 25, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #10

    Description of action: Inseason action #10 modified the commercial 
salmon fishery from the U.S./Canada border to Cape Alava, WA. Inseason 
action #10 set a 2-day opening for this fishery, June 26-27, 2015, with 
a landing and possession limit of 12 Chinook salmon per vessel for the 
opening. This superseded the 5-day opening and 20 Chinook landing and 
possession limit established by inseason action #4 (80 FR 36725, June 
26, 2015).
    Effective dates: Inseason action #10 took effect on June 26, 2015, 
and remained in effect through the end of the spring salmon season, 
June 30, 2015.
    Reason and authorization for the action: After consideration of 
Chinook salmon landings to date and fishery effort, the RA determined 
that insufficient quota remained to continue this fishery under the 
schedule and landing limits set by inseason action #4. Therefore, the 
fishery was restricted to a 2-day opening with a reduced landing and 
possession limit. This action was taken to allow access to available 
Chinook salmon quota, without exceeding the quota that was set 
preseason. Inseason action to modify quotas and/or fishing seasons is 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#10 occurred on June 25, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #11

    Description of action: Inseason action #11 closed the commercial 
salmon fishery from Queets River to Leadbetter point at 11:59 p.m., 
June 25, 2015.
    Effective dates: Inseason action #11 took effect on June 25, 2015, 
and remained in effect through the end of the spring salmon season, 
June 30, 2015.
    Reason and authorization for the action: After consideration of 
Chinook salmon landings to date and fishery effort, the RA determined 
that insufficient quota remained to continue this fishery under the 
schedule set preseason and that the fishery was likely to exceed the 
quota if allowed to remain open. This action was taken to avoid 
exceeding the quota that was set preseason. Inseason action to modify 
quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#11 occurred on June 25, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #12

    Description of action: Inseason action #12 closed the commercial 
salmon fishery from Leadbetter Point, WA, to Cape Falcon, OR, by 
cancelling the 5-day opening scheduled to begin Friday, June 26, 2015, 
superseding inseason action #8.
    Effective dates: Inseason action #12 took effect on June 26, 2015, 
and remained in effect through the end of the spring salmon season, 
June 30, 2015.
    Reason and authorization for the action: After consideration of 
Chinook salmon landings to date and fishery effort, the RA determined 
that insufficient quota remained to continue this fishery under the 
schedule and landing limits set by inseason action #8 and cancelled the 
opening that was scheduled to begin June 26, 2015. This action was 
taken to avoid exceeding the quota that was set preseason. Inseason 
action to modify quotas and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#12 occurred on June 25, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #13

    Description of action: Inseason action #13 modified the commercial 
salmon fishery from Humbug Mountain, OR, to the OR/CA border (Oregon 
KMZ) in June and July. Inseason action #13 closed the fishery at 11:59 
p.m., June 26, 2015; reopened the fishery July 1-2, 2015 with a landing 
and possession limit of 15 Chinook salmon per vessel per day; closed 
the fishery July 3-4, 2015; and reopened the fishery daily, beginning 
July 5, 2015 with a landing and possession limit of 25 Chinook salmon 
per vessel per day.
    Effective dates: Inseason action #13 took effect on June 26, 2015, 
and remains in effect until superseded by inseason action or the end of 
the July fishery, on July 31, 2015.
    Reason and authorization for the action: The commercial salmon 
fishery in the Oregon KMZ operates under monthly quotas for Chinook 
salmon in June, July, and August. After consideration of Chinook salmon 
landings to date and fishery effort, the RA determined that 
insufficient quota remained to continue fishing in June and that 
modifying the July opening would allow access to available Chinook 
salmon quota, without exceeding the quota that was set preseason. 
Inseason action to modify quotas and/or fishing seasons is authorized 
by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#13 occurred on June 25, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.
    All other restrictions and regulations remain in effect as 
announced for the 2015 ocean salmon fisheries and 2016 fisheries 
opening prior to May 1, 2016 (80 FR 25611, May 5, 2015).
    The RA determined that the best available information indicated 
that Chinook salmon and Pacific halibut catch to date and fishery 
effort supported the above inseason actions recommended by the states 
of Washington and Oregon. 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 numbers 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 39718]]

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 (80 FR 25611, May 5, 2015), 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 Chinook salmon 
catch and effort assessments and projections were developed and 
fisheries impacts were 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, 
ensuring that conservation objectives and ESA consultation standards 
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: July 6, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-16829 Filed 7-9-15; 8:45 am]
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