[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Proposed Rules]
[Pages 35290-35292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13035]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150316270-5270-01]
RIN 0648-XE520


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Actions #1 Through #5

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 five inseason actions in the ocean salmon 
fisheries. These inseason actions modified the commercial salmon 
fisheries in the area from Cape Falcon, OR to Point Arena, 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 June 17, 2016.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0007, 
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-2016-0007, 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).

[[Page 35291]]


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) and Oregon Department of Fish 
and Wildlife (ODFW).
    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 affected 
fisheries 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 #1

    Description of action: Inseason action #1 modified the commercial 
salmon fishery from Cape Falcon to Humbug Mountain, previously 
scheduled to open March 15, 2016, to remain closed through March 31, 
2016.
    Effective dates: Inseason action #1 took effect on March 15, 2016, 
and remained in effect until superseded by inseason action #4 on April 
1, 2016.
    Reason and authorization for the action: The purpose of this action 
was to conserve fishery impacts on the Klamath River fall Chinook stock 
(KRFC). The Council's Salmon Technical Team (STT) presented stock 
abundance forecasts for 2016. On the basis of these forecasts, the 
Regional Administrator (RA) determined that fisheries south of Cape 
Falcon will be constrained in 2016 to meet conservation objectives 
specified in the Pacific Coast Salmon Fishery Management Plan (FMP) for 
KRFC, as well as ESA consultation standards for California coastal 
Chinook for which KRFC is used as a proxy. 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 
#1 occurred on March 10, 2016. Participants in this consultation were 
staff from NMFS, CDFW, 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 #2

    Description of action: Inseason action #2 modified the commercial 
salmon fishery from Humbug Mountain to the Oregon/California Border 
(Oregon KMZ), previously scheduled to open March 15, 2016, to remain 
closed through March 31, 2016.
    Effective dates: Inseason action #2 took effect on March 15, 2016, 
and remained in effect until superseded by inseason action #4 on April 
1, 2016.
    Reason and authorization for the action: The purpose of this action 
was to conserve fishery impacts on the KRFC. The STT presented stock 
abundance forecasts for 2016. On the basis of these forecasts, the RA 
determined that fisheries south of Cape Falcon will be constrained in 
2016 to meet conservation objectives specified in the FMP for KRFC, as 
well as ESA consultation standards for California coastal Chinook for 
which KRFC is used as a proxy. 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 
#2 occurred on March 10, 2016. Participants in this consultation were 
staff from NMFS, CDFW, 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 #3

    Description of action: Inseason action #3 cancelled the commercial 
salmon fishery from Horse Mountain, CA to Point Arena, CA (Fort Bragg 
management area), previously scheduled to open April 16-30.
    Effective dates: Inseason action #3 took effect on April 16, 2016, 
and remained in effect through April 30, 2016.
    Reason and authorization for the action: The purpose of this action 
was to conserve fishery impacts on the KRFC. The STT presented stock 
abundance forecasts for 2016. On the basis of these forecasts, the RA 
determined that fisheries south of Cape Falcon will be constrained in 
2016 to meet conservation objectives specified in the FMP for KRFC, as 
well as ESA consultation standards for California coastal Chinook for 
which KRFC is used as a proxy. 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 
#3 occurred on March 10, 2016. Participants in this consultation were 
staff from NMFS, CDFW, 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 #4

    Description of action: Inseason action #4 modified the commercial 
salmon fishery from Cape Falcon, OR, to Humbug Mountain, OR, to remain 
closed April 1-7, 2016, and open April 8-30, 2016. Seven days per week. 
All salmon except coho. Chinook minimum size limit of 28 inches total 
length. All vessels fishing in the area must land their fish in the 
state of Oregon. Gear restrictions same as in 2015.
    Effective dates: Inseason action #4 superseded inseason action #1 
on April 1, 2016, and remained in effect through April 30, 2016.
    Reason and authorization for the action: The purpose of this action 
was to conserve fishery impacts on KRFC while allowing access to more 
abundant 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 
#4 occurred on March 13, 2016. Participants in this consultation were 
staff from NMFS, CDFW, 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 #5

    Description of action: Inseason action #5 modified the commercial 
salmon fishery from Humbug Mountain, OR, to the Oregon/California 
Border (Oregon

[[Page 35292]]

KMZ), to remain closed April 1-7, 2016, and open April 8-30, 2016. 
Seven days per week. All salmon except coho. Chinook minimum size limit 
of 28 inches total length. All vessels fishing in the area must land 
their fish in the state of Oregon. Gear restrictions same as in 2015.
    Effective dates: Inseason action #5 superseded inseason action #2 
on April 1, 2016, and remained in effect through April 30, 2016.
    Reason and authorization for the action: The purpose of this action 
was to conserve fishery impacts on KRFC while allowing access to more 
abundant 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 
#5 occurred on March 13, 2016. Participants in this consultation were 
staff from NMFS, CDFW, and ODFW. Council staff was unavailable to 
participate in the consultation, but was advised of the RA's decision 
after the consultation concluded.
    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 Chinook salmon abundance forecasts and expected fishery effort 
supported the above inseason actions recommended by the states of 
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 FMP, and 
regulations implementing the 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 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 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: May 27, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

[FR Doc. 2016-13035 Filed 6-1-16; 8:45 am]
 BILLING CODE 3510-22-P