[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57738-57740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24442]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150316270-5270-01]
RIN 0648-XE187


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions #30 
Through #36

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 and 
recreational salmon fisheries in the area from the U.S./Canada border 
to Cape Falcon, OR.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions. Comments will be accepted 
through October 13, 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: 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 of Cape Falcon. The north of Cape Falcon area is 
further subdivided into four management subareas: Neah Bay Subarea 
(U.S./Canada border to Cape Alava, WA), La Push Subarea (Cape Alava, 
WA, to Queets River, WA), Westport Subarea (Queets River, WA, to 
Leadbetter Point, WA), and Columbia River Subarea (Leadbetter Point, 
WA, to Cape Falcon, OR). All times mentioned refer to Pacific daylight 
time.

Inseason Actions

Inseason Action #30

    Description of action: Inseason action #30 reduced the landing and 
possession limit for Chinook salmon in the commercial salmon fishery 
north of Cape Falcon from 40 to 35 Chinook salmon per vessel per open 
period. This action superseded inseason action #29 (80 FR 53015, 
September 2, 2015).
    Effective dates: Inseason action #30 took effect on August 28, 
2015, and remained in effect until superseded by inseason action #34 on 
September 4, 2015.

[[Page 57739]]

    Reason and authorization for the action: The Regional Administrator 
(RA) considered fishery effort and Chinook salmon landings to date, and 
determined that reducing the landing and possession limit at this time 
was necessary to maintain the season schedule set preseason, while 
allowing access to remaining Chinook salmon quota without exceeding the 
quota. 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 
#30 occurred on August 27, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #31

    Description of action: Inseason action #31 modified the daily bag 
limit in the recreational salmon fishery in the Columbia River Subarea 
to allow retention of two Chinook salmon per day; previously only one 
Chinook salmon could be retained.
    Effective dates: Inseason action #31 took effect on August 29, 
2015, and remains in effect until the end of the recreational salmon 
fishing season, or until superseded by further inseason action.
    Reason and authorization for the action: The RA considered fishery 
effort and Chinook salmon landings to date and determined that the 
subarea guideline had sufficient Chinook salmon available to increase 
the daily bag limit at this time without exceeding the 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 
#31 occurred on August 27, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #32

    Description of action: Inseason action #32 adjusted the remaining 
coho quota in the recreational salmon fishery north of Cape Falcon, on 
an impact-neutral basis by subarea, from mark-selective to non-mark-
selective. The adjusted non-mark-selective coho quotas by management 
subarea, as of the effective date, are:

 Neah Bay Subarea: 4,100
 La Push Subarea: 625
 Westport Subarea: 13,000
 Columbia River Subarea: 15,300

    Effective dates: Inseason action #32 took effect on September 4, 
2015, and remains in effect until the end of the 2015 recreational 
salmon fishery.
    Reason and authorization for the action: The annual management 
measures (80 FR 25611, May 5, 2015) provide for inseason action to 
modify the regulations that restrict retention of unmarked coho. To 
accommodate modifying the regulations from a mark-selective to non-
mark-selective coho fishery while still achieving management 
objectives, including not exceeding allowable impacts on constraining 
stocks, the Council's Salmon Technical Team (STT) calculated the 
necessary adjustments to the coho quota on an impact-neutral basis for 
the constraining stocks for each subarea. For the Neah Bay Subarea, 
impacts to the Thompson River (Canada) coho stock were most 
constraining. For the LaPush Subarea, impacts to Thompson River 
(Canada) and Queets River coho stocks were most constraining. For the 
Westport Subarea, impacts to Queets River coho were most constraining. 
For the Columbia River Subarea, impacts to Columbia River natural coho 
were most constraining. The RA approved the STT's impact-neutral 
conversion of the remaining recreational mark-selective coho quota to 
non-mark-selective coho quota. 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 
#32 occurred on September 2, 2015. Participants in this consultation 
were staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #33

    Description of action: Inseason action #33 modified daily bag 
limits in the recreational salmon fishery north of Cape Falcon to allow 
retention of unmarked coho salmon.
    Effective dates: Inseason action #33 took effect on September 4, 
2015, and remains in effect until the end of the recreational salmon 
fishing season, or until superseded by further inseason action. The 
portion of this action that applies to the Neah Bay Subarea was 
superseded by inseason action #35 on September 11, 2015.
    Reason and authorization for the action: The annual management 
measures (80 FR 25611, May 5, 2015) provide for inseason action to 
modify the regulations that restrict retention of unmarked coho. The RA 
considered fishery effort, coho catch to date, and the non-mark-
selective quota conversions implemented under inseason action #32, and 
determined that modifying the fishery to allow retention of unmarked 
coho could be implemented within the allowable impacts on the 
constraining stocks and without exceeding the non-mark-selective coho 
quota. Inseason action to modify limited retention regulations is 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#33 occurred on September 2, 2015. Participants in this consultation 
were staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #34

    Description of action: Inseason action #34 increased the landing 
and possession limit for Chinook salmon in the commercial salmon 
fishery north of Cape Falcon from 35 to 40 Chinook salmon per vessel 
per open period. This action superseded inseason action #30.
    Effective dates: Inseason action #34 took effect on September 4, 
2015, and remains in effect until the end of the 2015 commercial salmon 
fishery, or until superseded by further inseason action.
    Reason and authorization for the action: The RA considered fishery 
effort and Chinook salmon landings to date, both of which decreased 
substantially since the implementation of inseason action #30, largely 
due to unfavorable weather conditions. The RA determined that 
increasing the landing and possession limit would allow access to 
remaining Chinook quota without exceeding the quota. 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 
#34 occurred on September 2, 2015. Participants in this consultation 
were staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #35

    Description of action: Inseason action #35 reinstated the 
prohibition on retaining unmarked coho in the recreational salmon 
fishery in the Neah Bay Subarea. This action superseded that portion of 
inseason action #33 that applied to the Neah Bay Subarea.
    Effective dates: Inseason action #35 took effect on September 11, 
2015, and remains in effect through the end of the 2015 recreational 
salmon fishery, or until superseded by further inseason action.
    Reason and authorization for the action: The RA considered effort 
and coho landings to date, both of which increased dramatically in the 
Neah Bay Subarea after the implementation of inseason action #33. The 
RA determined that it was necessary to reinstate mark-selective coho 
regulations to avoid exceeding the coho quota in the Neah

[[Page 57740]]

Bay Subarea. Inseason action to modify limited retention regulations is 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#35 occurred on September 9, 2015. Participants in this consultation 
were staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #36

    Description of action: Inseason action #36 implemented an impact-
neutral quota trade between the commercial and recreational salmon 
fisheries north of Cape Falcon. The first part of the trade transferred 
3,000 mark-selective coho quota from the commercial fishery to the 
recreational fishery, which resulted in an addition of 1,700 mark-
selective coho recreational quota added to the Neah Bay Subarea on an 
impact-neutral basis. The second part of the trade transferred 1,500 
Chinook salmon from the recreational guidelines of the Westport and 
Columbia River Subareas, which resulted in an addition of 1,000 Chinook 
quota added to the commercial fishery south of Queets River.
    Effective dates: Inseason action #36 took effect on September 11, 
2015, and remains in effect until the end of the 2015 commercial and 
recreational salmon fisheries, or until modified by further inseason 
action.
    Reason and authorization for the action: The annual management 
measures (80 FR 25611, May 5, 2015) provide for quota transfers between 
the recreational and commercial salmon fisheries north of Cape Falcon 
if there is agreement among the areas' representatives on the Salmon 
Advisory Subpanel (SAS), and if the transfer would not result in 
exceeding the preseason impact expectations on any salmon stocks. The 
RA considered landings and effort to date and the recommendations of 
the SAS, and took this action to sustain fisheries while remaining 
within overall quotas and impacts to coho and 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 
#36 occurred on September 9, 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 salmon fisheries 
opening prior to May 1, 2016 (80 FR 25611, May 5, 2015) and as modified 
by prior inseason actions.
    The RA determined that the best available information indicated 
that coho and Chinook salmon 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.

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: September 22, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-24442 Filed 9-24-15; 8:45 am]
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