[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25581-25582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11883]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 161222999-7413-01]
RIN 0648-XG222


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Action #1

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

ACTION: Modification of fishing seasons.

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SUMMARY: NMFS announces one inseason action in the ocean salmon 
fisheries. This inseason action modified the commercial and 
recreational salmon fisheries in the area from Cape Falcon, OR, to 
Pigeon Point, CA.

DATES: The effective date for the inseason action is set out in this 
document under the heading Inseason Action.

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

SUPPLEMENTARY INFORMATION: 

Background

    In the 2017 annual management measures for ocean salmon fisheries 
(82 FR 19630, April 28, 2017), NMFS announced management measures for 
the commercial and recreational fisheries in the area from the U.S./
Canada border to the U.S./Mexico border, beginning May 1, 2017, through 
April 30, 2018. 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 action reported in this document affected 
fisheries south of Cape Falcon.

Inseason Action

Inseason Action #1

    Description of action: Inseason action #1 cancelled specific 
commercial and recreational ocean salmon fisheries south of Cape 
Falcon, OR, that were previously scheduled to open in March and April 
2018 (82 FR 19630, April 28, 2017). The fisheries that were cancelled 
were:

--Commercial fishery from Cape Falcon, OR, to Florence South Jetty, OR, 
previously scheduled to open March 15, 2018;
--Commercial fishery from Florence South Jetty, OR, to Humbug Mountain, 
OR, previously scheduled to open March 15, 2018;
--Commercial fishery from Humbug Mountain, OR, to the Oregon/California 
border (Oregon Klamath Management Zone), previously scheduled to open 
March 15, 2018;
--Commercial fishery from Horse Mountain, CA, to Point Arena, CA, 
previously scheduled to open April 16-30, 2018;
--Recreational fishery from Horse Mountain, CA, to Point Arena, CA, 
previously scheduled to open April 7, 2018; and
--Recreational fishery from Point Arena, CA, to Pigeon Point, CA, 
previously scheduled to open April 7, 2018.

    Effective dates: Inseason action #1 took effect on March 13, 2018, 
and remained in effect through April 30, 2018.
    Reason and authorization for the action: The purpose of this action 
was to limit fishery impacts on Klamath River fall-run Chinook salmon 
(KRFC) and Sacramento River fall-run Chinook salmon (SRFC). Both stocks 
failed to achieve their conservation objectives in 2017 and currently 
meet the status determination criteria identified in the Pacific Coast 
Salmon Fishery Management Plan for being overfished. Therefore, the 
states of Oregon and California recommended cancelling the fisheries 
described above. The West Coast Regional Administrator (RA) considered 
the spawning escapement and abundance history for KRFC and SRFC, the 
stocks' 2018 abundance forecasts, and projected fishery impacts on 
these stocks in 2018, and determined that this inseason action was 
necessary to meet conservation and management objectives for these 
stocks. Inseason actions to modify quotas 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 13, 2018. Representatives from NMFS, ODFW, CDFW, 
and the Council participated in this consultation.
    All other restrictions and regulations remain in effect as 
announced for the 2017 ocean salmon fisheries and 2018 salmon fisheries 
opening prior to May 1, 2018 (82 FR 19631, April 28, 2017) 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 in 
2018 supported the above inseason action 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 consistent 
with these federal actions. As provided by the inseason notice 
procedures of 50 CFR 660.411, actual notice of the described regulatory 
action 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

    NOAA's Assistant Administrator (AA) for NMFS, 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

[[Page 25582]]

action was provided to fishers through telephone hotline and radio 
notification. This action complies with the requirements of the annual 
management measures for ocean salmon fisheries (82 FR 19631, April 28, 
2017), the Pacific Coast Salmon Fishery Management Plan (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 and abundance forecasts 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 limits for 
impacts to salmon species listed under the Endangered Species Act 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 this action would allow fishing at levels inconsistent 
with the goals of the FMP and the current management measures.
    This action is authorized by 50 CFR 660.409 and 660.411 and is 
exempt from review under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: May 30, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-11883 Filed 6-1-18; 8:45 am]
 BILLING CODE 3510-22-P