[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69885-69887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28674]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150316270-5270-01]
RIN 0648-XE259


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions #37 
Through #39

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 three 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 Humboldt South 
Jetty, CA.

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

[[Page 69886]]

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.

Inseason Actions

Inseason Action #37

    Description of action: Inseason action #37 adjusted the remaining 
coho quota in the commercial salmon fishery from Queets River, WA, to 
Cape Falcon, OR, on an impact-neutral basis, from mark-selective to 
non-mark-selective. The adjusted non-mark-selective coho quota was 
6,100.
    Effective dates: Inseason action #37 took effect on September 18, 
2015, and remained in effect until the end of the commercial salmon 
fishing season.
    Reason and authorization for the action: The purpose of this action 
was to allow for increased access to the coho quota, which had not been 
fully utilized, while not exceeding the impact limits for protected 
stocks. 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 in the Queets River to 
Cape Falcon area. In this instance, the constraining stock was Lower 
Columbia River natural coho. 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 
#37 occurred on September 17, 2015. Participants in this consultation 
were staff from NMFS, WDFW, and ODFW. Council staff was unavailable to 
participate in the consultation, but was advised of the RA's decision 
after the consultation concluded.

Inseason Action #38

    Description of action: Inseason action #38 modified landing and 
possession limits in the commercial salmon fishery between Queets River 
and Cape Falcon to allow retention of 80 non-mark-selective coho per 
vessel per open period. The previous landing limit for coho was 50 
marked coho per vessel per open period.
    Effective dates: Inseason action #38 took effect on September 18, 
2015, and remained in effect until the end of the commercial salmon 
fishing season.
    Reason and authorization for the action: The purpose of this action 
was to allow for increased access to the coho quota, which had not been 
fully utilized, while not exceeding the impact limits for protected 
stocks. 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 conversion implemented 
under inseason action #37, and determined that modifying the fishery to 
allow retention of unmarked coho could be implemented within the 
allowable impacts on the constraining stock 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 
#38 occurred on September 17, 2015. Participants in this consultation 
were staff from NMFS, WDFW, and ODFW. Council staff was unavailable to 
participate in the consultation, but was advised of the RA's decision 
after the consultation concluded.

Inseason Action #39

    Description of action: Inseason action #39 modified the open period 
in the commercial salmon fishery in the California KMZ from five days 
per week to seven days per week.
    Effective dates: Inseason action #39 took effect on September 23, 
2015, and remained in effect until the end of the 2015 commercial 
salmon fishery.
    Reason and authorization for the action: During the preseason 
planning process, the open period for the commercial salmon fishery in 
the California KMZ, September 11 through September 30, was set at five 
days per week (Friday through Tuesday), to manage landings in this 
quota-based fishery. The RA considered fishery effort and Chinook 
landings to date, both of which were very low due to unfishable weather 
conditions and lack of productive fishing, and determined that allowing 
the fishery to remain open seven days per week would provide access to 
remaining Chinook quota without risk of exceeding the quota for the 
season. 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 
#39 occurred on September 21, 2015. Participants in this consultation 
were staff from NMFS, Council, CDFW, and ODFW.

[[Page 69887]]

    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, 
Oregon, and California. 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: November 5, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-28674 Filed 11-10-15; 8:45 am]
BILLING CODE 3510-22-P