[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Rules and Regulations]
[Pages 28785-28787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13307]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 151117999-6370-01]
RIN 0648-XF355


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Actions #1 Through #4

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 four 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 July 11, 2017.

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: Barry A. Thom, 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 2016 annual management measures for ocean salmon fisheries 
(81 FR 26157, May 2, 2016), 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, 2016, and 2017 salmon fisheries 
opening earlier than May 1, 2017. 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).

[[Page 28786]]

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, OR, to Humbug Mountain, OR, previously 
scheduled to open March 15, 2017, to remain closed through April 14, 
2017.
    Effective dates: Inseason action #1 took effect on March 15, 2017, 
and remained in effect until superseded by inseason action #4 on April 
15, 2017.
    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 2017. On the basis of these forecasts, the 
Regional Administrator (RA) determined that fisheries south of Cape 
Falcon, OR, will be constrained in 2017 to comply with the harvest 
control rule for KRFC, specified in the Pacific Coast Salmon Fishery 
Management Plan (FMP). Inseason actions to modify quotas and/or fishing 
seasons are authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#1 occurred on March 12, 2017. Participants in this consultation were 
staff from NMFS, CDFW, ODFW, and Council staff.

Inseason Action #2

    Description of action: Inseason action #2 modified the commercial 
salmon fishery from Humbug Mountain, OR, to the Oregon/California 
Border (Oregon KMZ), previously scheduled to open March 15, 2017, to 
remain closed through April 30, 2017.
    Effective dates: Inseason action #2 took effect on March 15, 2017, 
and remained in effect through April 30, 2017.
    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 2017. On the basis of these forecasts, the RA 
determined that fisheries south of Cape Falcon, OR, will be constrained 
in 2017 to comply with the harvest control rule for KRFC, specified in 
the FMP. Inseason actions to modify quotas and/or fishing seasons are 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#2 occurred on March 12, 2017. Participants in this consultation were 
staff from NMFS, CDFW, ODFW, and Council staff.

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, 2017.
    Effective dates: Inseason action #3 took effect on April 16, 2017, 
and remained in effect through April 30, 2017.
    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 2017. On the basis of these forecasts, the RA 
determined that fisheries south of Cape Falcon, OR, will be constrained 
in 2017 to comply with the harvest control rule for KRFC, specified in 
the FMP. Inseason actions to modify quotas and/or fishing seasons are 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#3 occurred on March 12, 2017. Participants in this consultation were 
staff from NMFS, CDFW, ODFW, and Council staff.

Inseason Action #4

    Description of action: Inseason action #4 modified the commercial 
salmon fishery from Cape Falcon, OR, to Humbug Mountain, OR. Under 
inseason action #1, above, this fishery, which was previously scheduled 
to open March 15, 2017, was closed through April 14, 2017. Under 
inseason action #4, the management area was divided at Florence South 
Jetty, OR, into two management areas; the fishery from Florence South 
Jetty, OR, to Humbug Mountain, OR, which remained closed through April 
30, 2017; and the fishery from Cape Falcon, OR, to Florence South 
Jetty, OR, which opened April 15 through April 30, 2017, with the same 
landing requirements and gear restrictions as announced in the 2016 
management measures (81 FR 26157, May 2, 2016).
    Effective dates: Inseason action #4 superseded inseason action #1 
on April 15, 2017, and remained in effect through April 30, 2017.
    Reason and authorization for the action: The purpose of this action 
was to manage fishery impacts on KRFC while allowing access to more 
abundant stocks. On the basis of salmon abundance forecasts, the RA 
determined that fisheries south of Cape Falcon, OR, will be constrained 
in 2017 to comply with the harvest control rule for KRFC, specified in 
the FMP. Inseason actions to modify quotas and/or fishing seasons are 
authorized by 50 CFR 660.409(b)(1)(i); inseason actions to modify 
boundaries, including landing boundaries, and establish closed areas 
are authorized by 50 CFR 660.409(b)(1)(v).
    Consultation date and participants: Consultation on inseason action 
#4 occurred on April 10, 2017. Participants in this consultation were 
staff from NMFS, CDFW, ODFW, and Council staff.
    All other restrictions and regulations remained in effect as 
announced for the 2016 ocean salmon fisheries and 2017 salmon fisheries 
opening prior to May 1, 2017 (81 FR 26157, May 2, 2016) 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.

[[Page 28787]]

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 (81 FR 26157, May 25, 2016), 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 Endangered Species Act 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: June 21, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-13307 Filed 6-23-17; 8:45 am]
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