[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Rules and Regulations]
[Pages 52849-52851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24715]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XF775


Fraser River Sockeye and Pink Salmon Fisheries; Inseason Orders

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary orders; inseason orders.

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SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate 
treaty and non-treaty (all citizen) commercial salmon fisheries in U.S. 
waters. The orders were issued by the Fraser River Panel (Panel) of the 
Pacific Salmon Commission (Commission) and subsequently approved and 
issued by NMFS during the 2017 salmon fisheries within the U.S. Fraser 
River Panel Area. These orders established fishing dates, times, and 
areas for the gear types of U.S. treaty Indian and all citizen 
commercial fisheries during the period the Panel exercised jurisdiction 
over these fisheries.

DATES: The effective dates for the inseason orders are set out in this 
document under the heading Inseason Orders.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.

SUPPLEMENTARY INFORMATION: The Treaty between the Government of the 
United States of America and the Government of Canada concerning 
Pacific Salmon was signed at Ottawa on January 28, 1985, and 
subsequently was given effect in the United States by the Pacific 
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
    Under authority of the Act, Federal regulations at 50 CFR part 300, 
subpart F, provide a framework for the implementation of certain 
regulations of the Commission and inseason orders of the Commission's 
Fraser River Panel for U.S. sockeye and pink salmon fisheries in the 
Fraser River Panel Area.
    The regulations close the U.S. portion of the Fraser River Panel 
Area to U.S. sockeye and pink salmon tribal and non-tribal commercial 
fishing unless opened by Panel orders that are given effect by inseason 
regulations published by NMFS. During the fishing season, NMFS may 
issue regulations that establish fishing times and areas consistent 
with the Commission agreements and inseason orders of the Panel. Such 
orders must be consistent with domestic legal obligations and are 
issued by the Regional Administrator, West Coast Region, NMFS. Official 
notification of these inseason actions is provided by two telephone 
hotline numbers described at 50 CFR

[[Page 52850]]

300.97(b)(1) and in 82 FR 19631 (April 28, 2017). The inseason orders 
are published in the Federal Register as soon as practicable after they 
are issued. Due to the frequency with which inseason orders are issued, 
publication of individual orders is impractical.

Inseason Orders

    The following inseason orders were adopted by the Panel and issued 
for U.S. fisheries by NMFS during the 2017 fishing season. Each of the 
following inseason actions was effective upon announcement on telephone 
hotline numbers as specified at 50 CFR 300.97(b)(1) and in 82 FR 19631 
(April 28, 2017); those dates and times are listed herein. The times 
listed are local times, and the areas designated are Puget Sound 
Management and Catch Reporting Areas as defined in the Washington State 
Administrative Code at Chapter 220-22.

Fraser River Panel Order Number 2017-01: Issued 12:55 p.m., August 22, 
2017

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Open to drift gillnets 12 p.m. (noon), 
Wednesday, August 23, 2017, to 12 p.m. (noon), Saturday, August 26, 
2017. Sockeye may be retained for ceremonial and subsistence purposes 
only.
    Area 7: Open to reef nets from 5 a.m. to 9 p.m., Wednesday, August 
23, 2017, from 5 a.m. to 9 p.m., Thursday, August 24, 2017, and from 5 
a.m. to 9p.m., Friday August 25, 2017. Sockeye may be retained for 
ceremonial and subsistence purposes only.

Fraser River Panel Order Number 2017-02: Issued 3:30 p.m., August 24, 
2017

Treaty Indian Fishery
    Area 7: Open to reef nets from 5 a.m. to 9 p.m., Saturday, August 
26, 2017. Sockeye may be retained for ceremonial and subsistence 
purposes only.
    Areas 6, 7, and 7A: Open to purse seines and gillnets from 5 a.m., 
Friday, August 25, 2017, to 9 a.m., Saturday, August 26, 2017. Sockeye 
may be retained for ceremonial and subsistence purposes only.
All Citizen Fishery
    Areas 7 and 7A: Open for reef nets, with non-retention of sockeye, 
from 5 a.m. to 9 p.m., Friday, August 25, 2017, and from 5 a.m. to 9 
p.m., Saturday, August 26, 2017.

Fraser River Panel Order Number 2017-03: Issued 2 p.m., August 28, 2017

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Open to drift gillnets from 12 p.m. (noon), 
Tuesday, August 29, 2017, to 12 p.m. (noon), Friday, September 1, 2017. 
Sockeye may be retained for ceremonial and subsistence purposes only.
    Areas 6, 7, and 7A: Open to purse seines and drift gillnets from 5 
a.m., Wednesday, August 29, 2017, to 9 a.m., Thursday, August 31, 2017. 
Sockeye may be retained for ceremonial and subsistence purposes only.
    Area 7: Open to reef nets from 5 a.m. to 9 p.m., Tuesday, August 
29, 2017, and from 5 a.m. to 9 p.m., Wednesday, August 30, 2017. 
Sockeye may be retained for ceremonial and subsistence purposes only.
All Citizen Fishery
    Areas 7 and 7A: Open to purse seines, with non-retention of 
sockeye, from 5 a.m. to 9 p.m., Tuesday, August 29, 2017.
    Areas 7 and 7A: Open to gillnets, with non-retention of sockeye, 
from 8 a.m. to 11:59 p.m., Tuesday, August 29, 2017.
    Areas 7 and 7A: Open to reef nets, with non-retention of sockeye, 
from 5 a.m. to 9 p.m., Tuesday, August 29, 2017, and from 5 a.m. to 9 
p.m., Wednesday, August 30, 2017.

Fraser River Panel Order Number 2017-04: Issued 2:20 p.m., August 31, 
2017

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), 
Friday, September 1, 2017, to 12 p.m. (noon), Tuesday, September 5, 
2017. Sockeye may be retained for ceremonial and subsistence purposes 
only.
    Areas 6, 7, and 7A: Open to net fishing, excluding reef nets, from 
5 a.m., Friday, September 1, 2017, to 9 p.m., Tuesday, September 5, 
2017. Sockeye may be retained for ceremonial and subsistence purposes 
only.
    Areas 7 and 7A: Open to reef nets from 5 a.m. to 9 p.m., daily from 
Friday, September 1, 2017, through Tuesday, September 5, 2017. Sockeye 
may be retained for ceremonial and subsistence purposes only.
All Citizen Fishery
    Areas 7 and 7A: Open to purse seines, with non-retention of 
sockeye, from 5 a.m. to 9 p.m., daily from Friday, September 1, 2017, 
through Tuesday, September 5, 2017.
    Areas 7 and 7A: Open to drift gillnets, with non-retention of 
sockeye, from 8:05 a.m. to 11:59 p.m., daily from Friday, September 1, 
2017, through Tuesday, September 5, 2017.
    Areas 7 and 7A: Open to reef nets, with non-retention of sockeye, 
from 5 a.m. to 9 p.m., daily from Friday, September 1, 2017, through 
Tuesday, September 5, 2017.
    Areas 7 and 7A: Open to beach seines, with non-retention of 
sockeye, from 5 a.m., Friday, September 1, 2017, through 9 p.m., 
Tuesday, September 5, 2017.

Fraser River Panel Order Number 2017-05: Issued 12:50 p.m., September 
5, 2017

    Washington State and Treaty Indian tribes closed most United States 
Fraser Panel water fisheries on Sunday, September 3, 2017, in response 
to concerns that the potential harvest of Fraser River pink salmon 
would exceed the United States share of the total allowable catch. The 
Fraser River Panel met Tuesday, September 5, 2017, and confirmed the 
earlier closure of several fisheries that were previously announced on 
Thursday, August 31, 2017, Fraser River Panel order number 2017-04. The 
Panel announced the earlier closure of the following Commercial salmon 
fisheries in Panel Area waters:
Treaty Indian Fishery
    Areas 6, 7, and 7A: Open to net fishing, excluding reef nets, from 
5 a.m., Friday, September 1, 2017, to 9 p.m., Sunday, September 3, 
2017. Sockeye may be retained for ceremonial and subsistence purposes 
only.
    Areas 7 and 7A: Open to reef nets from 5 a.m. to 9 p.m., daily from 
Friday, September 1, 2017, through Sunday, September 3, 2017. Sockeye 
may be retained for ceremonial and subsistence purposes only.
All Citizen Fishery
    Areas 7 and 7A: Open to purse seines, with non-retention of 
sockeye, from 5 a.m. to 9 p.m., daily from Friday, September 1, 2017, 
through Sunday, September 3, 2017.
    Areas 7 and 7A: Open to drift gillnets, with non-retention of 
sockeye, from 8:05 a.m. to 11:59 p.m., daily from Friday, September 1, 
2017, through Sunday, September 3, 2017.
    Areas 7 and 7A: Open to reef nets, with non-retention of sockeye, 
from 5 a.m. to 9 p.m., daily from Friday, September 1, 2017, through 
Sunday, September 3, 2017.
    Areas 7 and 7A: Open to beach seines, with non-retention of 
sockeye, from 5 a.m., Friday, September 1, 2017, through 11:59 p.m., 
Sunday, September 3, 2017.

[[Page 52851]]

Fraser River Panel Order Number 2017-06: Issued 12:15 p.m., September 
12, 2017

Treaty Indian and All Citizen Fisheries
    Areas 6, 6A, and 7: Relinquish regulatory control effective 12:01 
a.m., Sunday, September 24, 2017.

Classification

    The Assistant Administrator for Fisheries NOAA (AA), finds that 
good cause exists for the inseason orders to be issued without 
affording the public prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is 
impracticable and contrary to the public interest. Prior notice and 
opportunity for public comment is impracticable because NMFS has 
insufficient time to allow for prior notice and opportunity for public 
comment between the time the stock abundance information is available 
to determine how much fishing can be allowed and the time the fishery 
must open and close in order to harvest the appropriate amount of fish 
while they are available.
    The AA also finds good cause to waive the 30-day delay in the 
effective date, required under 5 U.S.C. 553(d)(3), of the inseason 
orders. A delay in the effective date of the inseason orders would not 
allow fishers appropriately controlled access to the available fish at 
that time they are available.
    This action is authorized by 50 CFR 300.97, and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 3636(b).

    Dated: November 9, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24715 Filed 11-14-17; 8:45 am]
 BILLING CODE 3510-22-P