[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38069-38072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16587]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 170831849-8404-01]
RIN 0648-XG337


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Actions #2 through #11

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 ten 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 the U.S./Mexico 
border.

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

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

SUPPLEMENTARY INFORMATION:

[[Page 38070]]

Background

    In the 2018 annual management measures for ocean salmon fisheries 
(83 FR 19005, May 1, 2018), 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, 2018, through April 
30, 2019. 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 Areas

    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). South of Cape Falcon, the area from Humbug Mountain, 
OR, to Horse Mountain, CA, is the Klamath Management Zone (KMZ) and is 
managed in two subareas, Oregon KMZ and California KMZ, divided at the 
Oregon/California border. For managing commercial salmon fisheries, the 
Oregon KMZ is the area from Humbug Mountain, OR to the Oregon/
California border, and the California KMZ is the area from the Oregon/
California border to Humboldt South Jetty, CA. The area from Humboldt 
South Jetty, CA, to Horse Mountain, CA, is closed to commercial salmon 
fishing in 2018.

Inseason Actions

Inseason Action #2

    Description of action: Inseason action #2 closed the commercial 
salmon fishery from the U.S./Canada border to Queets River, WA, at 
11:59 p.m., May 27, 2018.
    Effective dates: Inseason action #2 took effect on May 27, 2018, 
and remained in effect until superseded by inseason action #3 on May 
31, 2018.
    Reason and authorization for the action: WDFW provided information 
on salmon landings in the ocean salmon fishery north of Queets River, 
WA, and recommended that, at the current rate of harvest, the May-June 
Chinook salmon quota in the area was at risk of being exceeded. The 
purpose of this action was to avoid exceeding the May-June quota for 
Chinook salmon in the area. The NMFS West Coast Regional Administrator 
(RA) considered Chinook salmon landings and fishery effort in the area 
north of Cape Falcon and determined that this inseason action was 
necessary to meet management objectives set preseason. The 2018 annual 
management measures for ocean salmon fisheries (83 FR 19005, May 1, 
2018) state that landing limits may be modified inseason to sustain 
season length and keep harvest within overall quotas. Flexible inseason 
management provisions are authorized by 50 CFR 660.409(b).
    Consultation date and participants: Consultation on inseason action 
#2 occurred on May 25, 2018. Representatives from NMFS, WDFW, ODFW, and 
the Council participated in this consultation.

Inseason Action #3

    Description of action: Inseason action #3 superseded inseason 
action #2 and reopened the commercial salmon fishery from the U.S./
Canada border to Queets River, WA, from May 31, 2018, through June 4, 
2018, with an open period landing limit of 35 Chinook salmon per 
vessel.
    Effective dates: Inseason action #3 took effect May 31, 2018, and 
remained in effect until superseded by inseason action #7 on June 8, 
2018.
    Reason and authorization for the action: WDFW reported updated 
landings for the area north of Cape Falcon and recommended that 
sufficient quota remained in the area north of the Queets River to 
reopen the fishery, on a limited basis, for five days with a 35 Chinook 
salmon per vessel landing limit. This recommendation reduced the open 
period from seven days per week and the landing limit from 50 Chinook 
salmon per vessel, set preseason. The RA considered Chinook salmon 
landings and fishery effort in the area north of Cape Falcon and 
determined that this inseason action was necessary to meet management 
objectives set preseason and to allow commercial salmon fishers to 
fully access available quota. The 2018 annual management measures for 
ocean salmon fisheries (83 FR 19005, May 1, 2018) state that landing 
limits may be modified inseason to sustain season length and keep 
harvest within overall quotas. Flexible inseason management provisions 
are authorized by 50 CFR 660.409(b).
    Consultation date and participants: Consultation on inseason action 
#3 occurred on May 30, 2018. Representatives from NMFS, WDFW, ODFW, and 
the Council participated in this consultation.

Inseason Action #4

    Description of action: Inseason action #4 increased the landing 
limit in the commercial ocean salmon fishery from Queets River, WA, to 
Leadbetter Point, WA, from 100 Chinook salmon per vessel per landing 
week (Thursday through Wednesday) to 200 Chinook salmon per vessel per 
landing week (Thursday through Wednesday).
    Effective dates: Inseason action #4 took effect May 31, 2018, and 
remained in effect through June 30, 2018.
    Reason and authorization for the action: ODFW and WDFW presented 
information that landings were very low in the north of Cape Falcon 
fisheries located south of Queets River, WA. The RA considered Chinook 
salmon landings and fishery effort in the area and determined that this 
inseason action was necessary to meet management objectives set 
preseason and to allow commercial salmon fishers to fully access 
available quota. The 2018 annual management measures for ocean salmon 
fisheries (83 FR 19005, May 1, 2018) state that landing limits may be 
modified inseason to sustain season length and keep harvest within 
overall quotas. Flexible inseason management provisions are authorized 
by 50 CFR 660.409(b).
    Consultation date and participants: Consultation on inseason action 
#4 occurred on May 30, 2018. Representatives from NMFS, WDFW, ODFW, and 
the Council participated in this consultation.

Inseason Action #5

    Description of action: Inseason action #5 increased the landing 
limit in the commercial ocean salmon fishery from Leadbetter Point, WA, 
to Cape Falcon, OR, from 50 Chinook salmon per vessel per landing week 
(Thursday through Wednesday) to 100 Chinook salmon per vessel per 
landing week (Thursday through Wednesday).
    Effective dates: Inseason action #5 took effect May 31, 2018, and 
remained in effect through June 30, 2018.
    Reason and authorization for the action: ODFW and WDFW presented 
information that landings were very low in the north of Cape Falcon 
fisheries located south of Queets River, WA. The

[[Page 38071]]

RA considered Chinook salmon landings and fishery effort in the area 
and determined that this inseason action was necessary to meet 
management objectives set preseason and to allow commercial salmon 
fishers to fully access available quota. The 2018 annual management 
measures for ocean salmon fisheries (83 FR 19005, May 1, 2018) state 
that landing limits may be modified inseason to sustain season length 
and keep harvest within overall quotas. Flexible inseason management 
provisions are authorized by 50 CFR 660.409(b).
    Consultation date and participants: Consultation on inseason action 
#5 occurred on May 30, 2018. Representatives from NMFS, WDFW, ODFW, and 
the Council participated in this consultation.

Inseason Action #6

    Description of action: Inseason action #6 adjusted the June quota 
for the commercial ocean salmon fishery in the California KMZ from 
4,000 Chinook salmon to 6,650 Chinook salmon by rolling over unused 
Chinook salmon quota from May to June on an impact-neutral basis.
    Effective dates: Inseason action #6 took effect June 1, 2018 and 
remained in effect through June 30, 2018.
    Reason and authorization for the action: The May quota for the 
commercial salmon fishery in the California KMZ was 3,600 Chinook 
salmon. CDFW estimated May landings at 950 Chinook salmon. Based on the 
Chinook salmon landings and fishery effort in the area and the 
calculations of the Council's Salmon Technical Team (STT) for rolling 
over quota on an impact-neutral basis for Sacramento and Klamath River 
fall Chinook salmon stocks, the RA determined that the rollover from 
May to June would be 2,650 Chinook salmon, resulting in an adjusted 
June quota of 6,650. The RA further determined that this inseason 
action was necessary to meet management objectives set preseason and to 
allow commercial salmon fishers to fully access available quota. 
Impact-neutral quota rollover from one month to the next in the 
California KMZ is permitted under the 2018 annual management measures 
for ocean salmon fisheries (83 FR 19005, May 1, 2018). Flexible 
inseason management provisions are authorized by 50 CFR 660.409(b).
    Consultation date and participants: Consultation on inseason action 
#6 occurred on May 30, 2018. Representatives from NMFS, CDFW, ODFW, and 
the Council participated in this consultation.

Inseason Action #7

    Description of action: Inseason action #7 superseded inseason 
action #3 and reopened the commercial salmon fishery from the U.S./
Canada border to Queets River, WA, from June 8, 2018, through June 11, 
2018, with an open period landing limit of 30 Chinook salmon per 
vessel.
    Effective dates: Inseason action #7 took effect June 8, 2018 and 
remained in effect through June 30, 2018.
    Reason and authorization for the action: WDFW reported updated 
landings for the area north of Cape Falcon, and recommended that 
sufficient quota remained in the area north of the Queets River to 
reopen the fishery for four days with a 30 Chinook salmon per vessel 
landing limit. The RA considered Chinook salmon landings and fishery 
effort in the area and determined that this inseason action was 
necessary to meet management objectives set preseason and to allow 
commercial salmon fishers to fully access available quota. The 2018 
annual management measures for ocean salmon fisheries (83 FR 19005, May 
1, 2018) state that landing limits may be modified inseason to sustain 
season length and keep harvest within overall quotas. Flexible inseason 
management provisions are authorized by 50 CFR 660.409(b).
    Consultation date and participants: Consultation on inseason action 
#7 occurred on June 7, 2018. Representatives from NMFS, WDFW, ODFW, and 
the Council participated in this consultation.

Inseason Action #8

    Description of action: Inseason action #8 cancelled the scheduled 
June 16-30, 2018, opening of the commercial ocean salmon fishery in the 
Oregon KMZ due to attainment of the June quota in that area.
    Effective dates: Inseason action #8 took effect June 16, 2018, and 
remained in effect through June 30, 2018.
    Reason and authorization for the action: ODFW provided data for 
June salmon landings in the Oregon KMZ and recommended that 
insufficient quota remained to support the previously scheduled June 
16-30, 2018 opening. The RA considered Chinook salmon landings and 
fishery effort in the Oregon KMZ and determined that this inseason 
action was necessary to meet management objectives set preseason and to 
prevent exceeding the June quota. The 2018 annual management measures 
for ocean salmon fisheries (83 FR 19005, May 1, 2018) state that 
landing limits may be modified inseason to sustain season length and 
keep harvest within overall quotas. Flexible inseason management 
provisions are authorized by 50 CFR 660.409(b).
    Consultation date and participants: Consultation on inseason action 
#8 occurred on June 14, 2018. Representatives from NMFS, ODFW, CDFW, 
and the Council participated in this consultation.

Inseason Action #9

    Description of action: Inseason action #9 adjusted the July quota 
for the commercial ocean salmon fishery in the California KMZ from 
4,000 Chinook salmon to 6,612 Chinook salmon by rolling over unused 
Chinook salmon quota from June to July on an impact-neutral basis.
    Effective dates: Inseason action #9 took effect July 1, 2018, and 
remains in effect through July 31, 2018.
    Reason and authorization for the action: The June quota for the 
commercial salmon fishery in the California KMZ, as adjusted under 
inseason action #6 above, was 6,650 Chinook salmon. CDFW estimated June 
landings at 2,614 Chinook salmon. Based on the Chinook salmon landings 
and fishery effort in the area and the calculations of the STT for 
rolling over quota on an impact-neutral basis for the Sacramento River 
fall Chinook salmon stock, the RA determined that the rollover from 
June to July would be 2,612 Chinook salmon, resulting in an adjusted 
July quota of 6,612. The RA further determined that this inseason 
action was necessary to meet management objectives set preseason and to 
allow commercial salmon fishers to fully access available quota. 
Impact-neutral quota rollover from one month to the next in the 
California KMZ is permitted under the 2018 annual management measures 
for ocean salmon fisheries (83 FR 19005, May 1, 2018). Flexible 
inseason management provisions are authorized by 50 CFR 660.409(b).
    Consultation date and participants: Consultation on inseason action 
#9 occurred on June 27, 2018. Representatives from NMFS, ODFW, CDFW, 
and the Council participated in this consultation.

Inseason Action #10

    Description of action: Inseason action #10 adjusted the July quota 
for the commercial ocean salmon fishery in the Oregon KMZ from 2,000 
Chinook salmon to 1,975 Chinook salmon by deducting, on an impact-
neutral basis, Chinook salmon quota that was exceeded in the area in 
June.

[[Page 38072]]

    Effective dates: Inseason action #10 took effect July 1, 2018 and 
remains in effect through July 31, 2018.
    Reason and authorization for the action: The June quota for the 
commercial salmon fishery in the Oregon KMZ was 1,500 Chinook salmon. 
ODFW estimated June landings at 1,556 Chinook salmon, exceeding the 
June quota by 56 Chinook salmon. Based on the Chinook salmon landings 
and fishery effort in the area and the calculations of the STT for 
rolling back quota on an impact-neutral basis for the Sacramento and 
Klamath River fall Chinook salmon stocks, the RA determined that 25 
Chinook salmon would be deducted from the July quota in the Oregon KMZ 
to account for exceeding the June quota, resulting in an adjusted July 
quota of 1,975 Chinook salmon. The RA further determined that this 
inseason action was necessary to meet management objectives set. 
Impact-neutral quota rollover from one month to the next in the Oregon 
KMZ is permitted under the 2018 annual management measures for ocean 
salmon fisheries (83 FR 19005, May 1, 2018). Flexible inseason 
management provisions are authorized by 50 CFR 660.409(b).
    Consultation date and participants: Consultation on inseason action 
#10 occurred on June 27, 2018. Representatives from NMFS, ODFW, CDFW, 
and the Council participated in this consultation.

Inseason Action #11

    Description of action: Inseason action #11 allows retention of 
halibut caught incidental to the commercial salmon fishery by IPHC 
license holders to continue past June 30, 2018, with the same landing 
and possession limits set preseason, due to sufficient halibut 
allocation remaining. This inseason action applies to commercial salmon 
fisheries from the U.S./Canada border to the U.S./Mexico border.
    Effective dates: Inseason action #11 took effect July 1, 2018, and 
remains in effect until superseded by further inseason action.
    Reason and authorization for the action: The 2018 annual management 
measures for ocean salmon fisheries (83 FR 19005, May 1, 2018) 
announced the conditions for incidental halibut harvest: ``incidental 
harvest is authorized only during April, May, and June of the 2018 
troll seasons, and after June 30 in 2018 if quota remains.'' At the 
time of this consultation, 28 percent of the incidental halibut 
allocation remained uncaught. The RA considered Chinook salmon and 
halibut landings and fishery effort in the commercial ocean salmon 
fishery and determined that this inseason action was necessary to meet 
management objectives set preseason and to allow access to the 
available halibut allocation, as provided for in the 2018 annual 
management measures for ocean salmon fisheries (83 FR 19005, May 1, 
2018). Flexible inseason management provisions are authorized by 50 CFR 
660.409(b).
    Consultation date and participants: Consultation on inseason action 
#11 occurred on June 27, 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 2018 ocean salmon fisheries and 2019 salmon fisheries 
opening prior to May 1, 2019 (83 FR 19005, May 1, 2018), and as 
modified by prior inseason actions.
    The RA determined that the best available information indicated 
that Chinook salmon and halibut abundance forecasts and expected 
fishery effort in 2018 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 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 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 (83 FR 19005, May 1, 2018), 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 and halibut 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: July 30, 2018.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-16587 Filed 8-2-18; 8:45 am]
 BILLING CODE 3510-22-P