[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Proposed Rules]
[Pages 51525-51527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20996]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150316270-5270-01]
RIN 0648-XE111


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial, Recreational, and Treaty Indian Salmon Fisheries; Inseason 
Actions #16 Through #21

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 six inseason actions in the ocean salmon 
fisheries. These inseason actions modified the commercial, 
recreational, and treaty Indian 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 September 9, 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 fisheries 
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: California 
Department of Fish and Wildlife (CDFW), 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.

[[Page 51526]]

Inseason Actions

Inseason Action #16

    Description of action: Inseason action #16 adjusted the daily bag 
limit in the recreational salmon fishery from the U.S./Canada border to 
Queets River, WA (Neah Bay and La Push Subareas), to limit retention of 
Chinook salmon, which had been two per day, to one per day. The new bag 
limit under inseason action #16 was: Two salmon per day, only one of 
which can be a Chinook salmon, plus two additional pink salmon.
    Effective dates: Inseason action #16 took effect on July 24, 2015, 
and remained in effect until the part of the action that affected the 
Neah Bay Subarea was superseded by inseason action #18, which took 
effect on August 2, 2015.
    Reason and authorization for the action: The Regional Administrator 
(RA) considered fishery effort and Chinook salmon landings to date, and 
determined that it was necessary to reduce the daily bag limit for 
Chinook salmon to avoid exceeding the harvest guidelines set preseason 
for the Neah Bay and La Push Subareas. Inseason action to modify 
recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#16 occurred on July 21, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #17

    Description of action: Inseason action #17 adjusted the summer 
quota (July through September) for the treaty Indian salmon fishery 
north of Cape Falcon, that was set preseason at 30,000 Chinook salmon, 
to 29,084 Chinook salmon.
    Effective dates: Inseason action #17 took effect on July 1, 2015, 
and remains in effect until the end of the 2015 treaty Indian salmon 
season.
    Reason and authorization for the action: The tribal fisheries 
reported an overage of 916 Chinook salmon in the May/June fishery. The 
Council's Salmon Technical Team (STT) determined that no impact-neutral 
adjustment was required, and that the spring overage could be deducted 
from the summer quota on a 1 to 1 basis. Modification of quotas and/or 
fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: The treaty tribes notified 
staff from NMFS, Council, and WDFW of the need for modification of the 
summer quota on July 22, 2015, and consulted with the STT on the need 
for any adjustments needed to make the modification impact-neutral. The 
RA concurred with the quota modification.

Inseason Action #18

    Description of action: Inseason action #18 adjusted the daily bag 
limit in the recreational salmon fishery from the U.S./Canada border to 
Cape Alava (Neah Bay Subarea) to prohibit retention of Chinook salmon. 
This action superseded that part of inseason action #16 that applied to 
the Neah Bay Subarea.
    Effective dates: Inseason action #18 took effect August 2, 2015, 
and remains in effect until the end of the salmon fishing season or 
until modified by further inseason action.
    Reason and authorization for the action: The RA considered Chinook 
salmon landings and effort in the recreational salmon fishery north of 
Cape Falcon and determined that the Neah Bay Subarea was likely to 
exceed the subarea guideline if retention of Chinook salmon continued. 
Prohibiting retention of Chinook salmon in this subarea allowed fishers 
access to remaining coho quota without exceeding the Chinook salmon 
guideline. Inseason action to modify recreational bag limits is 
authorized by 50 CFR 660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#18 occurred on July 28, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #19

    Description of action: Inseason action #19 adjusted the summer 
quota (June through September) for the recreational salmon fishery 
north of Cape Falcon. Unutilized quota from the spring season was 
rolled over on an impact-neutral basis to the summer season. The 
adjusted summer quota is 56,700 Chinook salmon.
    Effective dates: Inseason action #19 took effect on July 28, 2015, 
and remains in effect until the end of the 2015 recreational salmon 
season.
    Reason and authorization for the action: The spring recreational 
salmon fishing season north of Cape Falcon closed on June 12, 2015. 
Once landings were finalized, 8,798 Chinook salmon remained unutilized 
from the spring mark-selective Chinook salmon quota of 10,000. The STT 
calculated the quota rollover to the non-mark-selective Chinook salmon 
summer quota on an impact-neutral basis for Puget Sound Puyallup and 
Nisqually Chinook salmon stocks. This resulted in a net, impact-neutral 
rollover of 2,700 non-mark-selective Chinook salmon quota to the summer 
fishery. Modification of quotas and/or fishing seasons is authorized by 
50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#19 occurred on July 28, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #20

    Description of action: Inseason action #20 changed the landing and 
possession limit for retention of Pacific halibut caught incidental to 
the commercial salmon fishery from 12 halibut per trip to 2 halibut per 
trip. This action applies to the commercial salmon fishery from the 
U.S./Canada border to the U.S./Mexico border.
    Effective dates: Inseason action #20 took effect on August 7, 2015, 
and remains in effect until the end of the commercial salmon fishing 
season or until modified by further inseason action.
    Reason and authorization for the action: The RA considered landings 
of halibut caught incidental to the commercial salmon fishery and 
determined that the allocation of halibut set by the International 
Pacific Halibut Commission was close to attainment. Inseason action #20 
was taken to allow access to the remaining halibut allocation without 
exceeding the allocation. Inseason modification of limited retention 
regulations is authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#20 occurred on August 5, 2015. Participants in this consultation were 
staff from NMFS, Council, CDFW, WDFW, and ODFW.

Inseason Action #21

    Description of action: Inseason action #21 adjusted the August 
quota for the commercial salmon fishery in the Oregon KMZ. Unutilized 
quota from July was rolled over on an impact-neutral basis to August. 
The adjusted August quota is 772 Chinook salmon.
    Effective dates: Inseason action #21 took effect August 1, 2015, 
and remains in effect to the end of the season.
    Reason and authorization for the action: Under inseason action #14 
(80 FR 43336, July 22, 2015), the commercial salmon fishery in the 
Oregon KMZ had an adjusted July quota of 1,184 Chinook salmon. The 
State of Oregon reported that 813 Chinook salmon were landed in the 
area in July, leaving quota of 371 Chinook salmon unutilized. To 
address temporal differences in impacts to Klamath River fall and 
California coastal Chinook salmon stocks, the STT calculated the

[[Page 51527]]

impact-neutral rollover of 371 Chinook salmon from July to August. As a 
result, 272 Chinook salmon were added to the August quota of 500 
Chinook salmon, for an adjusted quota of 772 Chinook salmon. After 
consideration of Chinook salmon landings to date and the STT's 
calculations, the RA determined that it was appropriate to adjust the 
August quota for the commercial salmon fishery in the Oregon KMZ. This 
action was taken to allow access to available Chinook salmon quota, 
without exceeding conservation impacts to Klamath River fall and 
California coastal Chinook salmon stocks. 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 
#21 occurred on August 5, 2015. Participants in this consultation were 
staff from NMFS, Council, CDFW, WDFW, and ODFW.
    All other restrictions and regulations remain in effect as 
announced for the 2015 ocean salmon fisheries and 2016 salmon 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 halibut catch to date and fishery effort 
supported the above inseason actions recommended by the states of 
Washington and Oregon, and the treaty Indian tribes. 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; the 
tribes manage fisheries in areas described in the annual management 
measures (80 FR 25611, May 5, 2015). 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.

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: August 20, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-20996 Filed 8-24-15; 8:45 am]
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