[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Rules and Regulations]
[Pages 63587-63593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26720]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 170831849-8404-01]
RIN 0648-XG563


Fisheries Off West Coast States; Modifications of the West Coast 
Recreational and Commercial Salmon Fisheries; Inseason Actions #12 
through #37

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 26 inseason actions in the ocean salmon 
fisheries. These inseason actions modified the commercial and 
recreational 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.

[[Page 63588]]


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

SUPPLEMENTARY INFORMATION: 

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). Within the north and south of Cape Falcon areas, there 
are further subarea divisions used to manage impacts on salmon stocks 
or stock groups as well as economic impacts to communities. The 
management areas affected by the inseason actions in this document are 
described here.
    North of Cape Falcon: Recreational fisheries north of Cape Falcon 
are divided into four subareas: U.S./Canada border to Cape Alava, WA 
(Neah Bay subarea), Cape Alava, WA, to Queets River, WA (La Push 
subarea), Queets River, WA, to Leadbetter Point, WA (Westport subarea), 
and Leadbetter Point, WA, to Cape Falcon, OR (Columbia River subarea). 
Commercial fisheries north of Cape Falcon are divided at Queets River, 
WA, and Leadbetter Point, WA.
    South of Cape Falcon: 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. The Oregon KMZ is the area 
from Humbug Mountain, OR, to the Oregon/California border. The 
California KMZ is the area from the Oregon/California border to Horse 
Mountain, CA. However, the area from Humboldt South Jetty, CA, to Horse 
Mountain, CA, has been closed to commercial salmon fishing since 1992.

Inseason Actions

Inseason Action #12

    Description of the action: Inseason action #12 adjusted the daily 
bag limit in the recreational salmon fishery in the Neah Bay subarea to 
allow retention of two Chinook salmon. Previously, the two salmon per 
day bag limit in this fishery allowed retention of only one Chinook 
salmon.
    Effective dates: Inseason action #12 took effect on July 14, 2018, 
and remained in effect until the recreational fishery in the Neah Bay 
subarea closed for the season under inseason action #24 on August 12, 
2018.
    Reason and authorization for the action: The purpose of this action 
was to allow greater access to the available Chinook salmon quota in 
the recreational fishery. The NMFS West Coast Regional Administrator 
(RA) considered Chinook and coho salmon landings and fishery effort in 
the Neah Bay subarea and determined that this inseason action was 
necessary to meet management objectives set preseason. Inseason 
modification of recreational bag limits is authorized by 50 CFR 
660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#12 occurred on July 12, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #13

    Description of the action: Inseason action #13 suspended retention 
of Pacific halibut caught incidental to the commercial salmon fishery 
from the U.S./Canada border to the U.S./Mexico border.
    Effective dates: Inseason action #13 took effect at 11:59 p.m., 
July 14, 2018, and remained in effect until superseded by inseason 
action #15 on July 26, 2018.
    Reason and authorization for the action: The purpose of this action 
was to avoid exceeding the allocation of Pacific halibut allowed to be 
retained in the commercial salmon fishery. The RA considered Chinook 
salmon and Pacific halibut landings and fishery effort in the 
commercial salmon fishery and determined that the fishery was at risk 
of exceeding the allocation of Pacific halibut if retention continued 
at the current rate. Retention of Pacific halibut was suspended by 
inseason action to allow the states to update landings data and 
determine the amount of Pacific halibut allocation that remained. The 
annual management measures require NMFS to take inseason action to 
prohibit retention of Pacific halibut in the commercial salmon fishery 
if the landings are projected to exceed the preseason allocation (83 FR 
19005, May 1, 2018). Modification of the species that may be caught and 
landed during specific seasons is authorized by 50 CFR 
660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#13 occurred on July 13, 2018. Representatives from NMFS, WDFW, ODFW, 
CDFW, and the Council participated in this consultation.

Inseason Action #14

    Description of the action: Inseason action #14 adjusted the landing 
and possession limit for the commercial salmon fishery in the 
California KMZ from 20 Chinook salmon per day to 40 Chinook salmon per 
day.
    Effective dates: Inseason action #14 took effect on July 20, 2018 
and remained in effect through July 31, 2013.
    Reason and authorization for the action: The purpose of inseason 
action #14 was to allow greater access to available Chinook salmon 
quota for July in the commercial salmon fishery in the California KMZ; 
this fishery had monthly Chinook salmon quotas from May through August 
in 2018. The RA considered Chinook salmon landings and fishery effort 
and determined that inseason action was necessary to meet management 
objectives set preseason. Inseason action to modify limited retention 
regulations is authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#14 occurred on July 17, 2018. Representatives from NMFS, ODFW, CDFW, 
and the Council participated in this consultation.

Inseason Action #15

    Description of the action: Inseason action #15 allowed retention of 
Pacific halibut caught incidental to the commercial salmon fishery to 
resume from the U.S./Canada border to the U.S./Mexico border with 
revised landing and possession limits of no more than one Pacific 
halibut per each three Chinook salmon, except one Pacific halibut could 
be possessed or landed without meeting

[[Page 63589]]

the ratio requirement, and no more than 10 halibut could be possessed 
or landed per trip.
    Effective dates: Inseason action #15 took effect on July 26, 2018, 
superseding inseason action #13, above. Inseason action #15 remained in 
effect until superseded by inseason action #22 on August 8, 2018.
    Reason and authorization for the action: The purpose of inseason 
action #15 was to allow access to the remaining allocation of Pacific 
halibut without exceeding the allocation. The RA considered Pacific 
halibut and Chinook salmon landings to date and fishery effort and 
determined that inseason action was needed to meet management 
objectives set preseason. Modification of the species that may be 
caught and landed during specific seasons is authorized by 50 CFR 
660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#15 occurred on July 24, 2018. Representatives from NMFS, WDFW, ODFW, 
CDFW, and the Council participated in this consultation.

Inseason Action #16

    Description of the action: Inseason action #16 adjusted the landing 
and possession limit in the commercial salmon fishery in the areas from 
the U.S./Canada border to Queets River, WA, and from Leadbetter Point, 
WA, to Cape Falcon, OR, from 50 to 75 Chinook salmon per vessel per 
landing week.
    Effective dates: Inseason action #16 took effect on July 26, 2018, 
and remained in effect until superseded by inseason action #18 on 
August 2, 2018, which affected the area from the U.S./Canada border to 
Queets River, and inseason action #31 on August 23, 2018, which 
affected the area from Leadbetter Point, OR to Cape Falcon, OR.
    Reason and authorization for the action: The purpose of inseason 
action #16 was to allow greater access to available Chinook salmon 
quota in the commercial salmon fishery. The RA considered Chinook 
salmon landings to date and fishery effort and determined that inseason 
action was necessary to meet management objectives set preseason. 
Inseason action to modify limited retention regulations is authorized 
by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#16 occurred on July 24, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #17

    Description of the action: Inseason action #17 transferred quota of 
1,000 coho from the commercial salmon fishery in the area north of Cape 
Falcon, OR, to the recreational fishery in the Neah Bay subarea. This 
action included the provision that, when the recreational fishery in 
the Neah Bay subarea closed for the season, any remaining Chinook quota 
from that fishery would be transferred to the commercial fishery on an 
impact-neutral basis to complete the trade (see inseason action #28, 
below).
    Effective dates: Inseason action #17 took effect on July 24, 2018, 
and remained in effect through August 12, 2018, when the recreational 
fishery in the Neah Bay subarea closed for the season under inseason 
action #24.
    Reason and authorization for the action: The purpose of inseason 
action #17 was to prolong the recreational salmon season in Neah Bay, 
which was scheduled preseason to remain open until September 3, 2018, 
and to utilize available coho and Chinook salmon quota. The RA 
considered Chinook salmon and coho landings to date and fishery effort 
and determined that inseason was necessary to keep the recreational 
fishery in Neah Bay open and meet management objectives set preseason. 
Inseason trades and transfers of quota between commercial and 
recreational fisheries north of Cape Falcon, OR, are authorized by 50 
CFR 660.408(d)(1)(vi). Inseason action to modify quotas or fishing 
seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#17 occurred on July 24, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #18

    Description of the action: Inseason action #18 adjusted the landing 
and possession limit in the commercial salmon fishery in the area from 
the U.S./Canada border to Queets River, WA, from 75 to 50 Chinook 
salmon per vessel per landing week.
    Effective dates: Inseason action #18 took effect August 2, 2018, 
and remained in effect until superseded by inseason action #30 on 
August 23, 2018.
    Reason and authorization for the action: The purpose of the 
proposed action was to keep commercial Chinook salmon landings in the 
affected area within the quota set preseason. The RA considered Chinook 
salmon landings to date and fishery effort and determined that inseason 
action was necessary to meet management objectives set preseason. 
Inseason action to modify limited retention regulations is authorized 
by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#18 occurred on August 1, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #19

    Description of the action: Inseason action #19 adjusted the August 
quota in the commercial salmon fishery in the California KMZ to account 
for an impact-neutral rollover of unused July quota. The August quota 
was adjusted from 4,000 Chinook salmon to 9,423 Chinook salmon.
    Effective dates: Inseason action #19 took effect on August 2, 2018, 
and remained in effect through August 31, 2018.
    Reason and authorization for the action: The purpose of inseason 
action #19 was to be consistent with the annual management measures, 
which state that any remaining portion of a monthly Chinook salmon 
quota in the commercial salmon fishery in the California KMZ may be 
transferred inseason on an impact-neutral basis to the next open quota 
period (83 FR 19005, May 1, 2018). The RA considered Chinook salmon 
landings to date and the calculations of the Council's Salmon Technical 
Team (STT) for rolling over quota on an impact-neutral basis for 
impacts to Sacramento and Klamath River fall-run Chinook salmon stocks, 
and fifty-fifty tribal/nontribal sharing of Klamath River fall-run 
Chinook salmon allowable catch. The RA determined inseason action was 
necessary to meet management objectives set preseason. Inseason action 
to modify quotas is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#19 occurred on August 2, 2018. Representatives from NMFS, CDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #20

    Description of the action: Inseason action #20 adjusted the landing 
and possession limit in the commercial salmon fishery in the California 
KMZ from 20 to 50 Chinook per vessel per day.
    Effective dates: Inseason action #20 took effect August 3, 2018, 
and remained in effect through the end of the season on August 31, 
2018.
    Reason and authorization for the action: The purpose of inseason 
action #20 was to provide greater access to

[[Page 63590]]

available quota. The RA considered catch of Chinook salmon to date and 
fishery effort, as well as the available quota and limited remaining 
time for the fishery, which was scheduled to close at the end of 
August, and determined that inseason action was necessary to meet 
management objectives set preseason. Inseason action to modify limited 
retention regulations is authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#20 occurred on August 2, 2018. Representatives from NMFS, CDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #21

    Description of the action: Inseason action #21 adjusted the August 
quota in the commercial salmon fishery in the Oregon KMZ to account for 
an impact-neutral rollover of unused July quota. The August quota was 
adjusted from 500 Chinook salmon to 1,430 Chinook salmon.
    Effective dates: Inseason action #21 took effect on August 2, 2018, 
and remained in effect through the end of the season on August 29, 
2018.
    Reason and authorization for the action: The purpose of inseason 
action #21 was to be consistent with the annual management measures, 
which state that any remaining portion of a monthly Chinook salmon 
quota in the commercial salmon fishery in the Oregon KMZ may be 
transferred inseason on an impact neutral basis to the next open quota 
period (83 FR 19005, May 1, 2018). The RA considered Chinook salmon 
landings to date and the calculations of the Council's Salmon Technical 
Team (STT) for rolling over quota on an impact-neutral basis for 
impacts to Sacramento and Klamath River fall-run Chinook salmon stocks, 
and fifty-fifty tribal/nontribal sharing of Klamath River fall-run 
Chinook salmon allowable catch. The RA determined inseason action was 
necessary to meet management objectives set preseason. Inseason action 
to modify quotas is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#20 occurred on August 2, 2018. Representatives from NMFS, CDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #22

    Description of the action: Inseason action #22 closed retention of 
Pacific halibut caught incidental to the commercial salmon fishery from 
the U.S./Canada border to the U.S./Mexico border.
    Effective dates: Inseason action #22 took effect on August 8, 2018 
and remains in effect until all commercial salmon fisheries conclude 
for 2018.
    Reason and authorization for the action: The purpose of inseason 
action #22 was to prevent exceeding the 2018 allocation of Pacific 
halibut to the commercial salmon fishery. The RA considered Pacific 
halibut and salmon landings to date and fishery effort and determined 
that there was insufficient Pacific halibut allocation remaining to 
allow retention to continue and inseason action was required to avoid 
exceeding the Pacific halibut allocation. The annual management 
measures require NMFS to take inseason action to prohibit retention of 
Pacific halibut in the commercial salmon fishery if the landings are 
projected to exceed the preseason allocation (83 FR 19005, May 1, 
2018).
    Consultation date and participants: Consultation on inseason action 
#22 occurred on August 8, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation. NMFS notified CDFW 
of the action immediately after the consultation.

Inseason Action #23

    Description of the action: Inseason action #23 transferred 3,000 
coho quota to the recreational salmon fishery in the Columbia River 
subarea. The coho quota transferred comprised 2,400 coho quota from the 
commercial salmon fishery in the area north of Cape Falcon, OR, and 600 
coho quota from the recreational salmon fishery in the Westport 
subarea.
    Effective dates: Inseason action #23 took effect on August 8, 2018, 
and remained in effect until reversed by inseason action #27 on August 
23, 2018.
    Reason and authorization for the action: The purpose of inseason 
action #23 was to prolong the Columbia River subarea recreational 
salmon fishery, which was scheduled to remain open through September 3, 
2018, but which was exhausting its coho quota. The RA considered coho 
and Chinook salmon landings to date and fishery effort and determined 
that inseason action was necessary to meet the management objectives 
set preseason. Inseason trades and transfers of quota between 
commercial and recreational fisheries north of Cape Falcon, OR, are 
authorized by 50 CFR 660.408(d)(1)(vi). Inseason action to modify 
quotas is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#23 occurred on August 8, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #24

    Description of the action: Inseason action #24 closed the 
recreational salmon fishery in the Neah Bay subarea.
    Effective dates: Inseason action #24 took effect on August 12, 
2018, and remained in effect through the end of the 2018 ocean salmon 
season.
    Reason and authorization for the action: The purpose inseason 
action #24 was to prevent exceeding the subarea quota for coho. The RA 
considered coho and Chinook salmon landings and fishery effort and 
determined that inseason action was necessary to close the fishery 
ahead of the scheduled date of September 3, 2018, to avoid exceeding 
the coho quota for the subarea. Inseason action to modify fishing 
seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#24 occurred on August 8, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #25

    Description of the action: Inseason action #25 closed the 
recreational salmon fishery in the Columbia River subarea.
    Effective dates: Inseason action #25 took effect on August 12, 
2018, and remained in effect until superseded by inseason action #34 on 
September 2, 2018.
    Reason and authorization for the action: The purpose inseason 
action #25 was to prevent exceeding the subarea quota for coho. The RA 
considered coho and Chinook salmon landings and fishery effort and 
determined that inseason action was necessary to close the fishery 
ahead of the scheduled date of September 3, 2018, to avoid exceeding 
the coho quota for the subarea. Inseason action to modify fishing 
seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#25 occurred on August 8, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #26

    Description of the action: Inseason action #26 adjusted the landing 
and possession limit in the commercial salmon fishery in the Oregon KMZ 
from 50 to 80 Chinook salmon per vessel per landing week.

[[Page 63591]]

    Effective dates: Inseason action #26 took effect on August 13, 
2018, and remained in effect until the fishery closed on August 29, 
2018.
    Reason and authorization for the action: The purpose of inseason 
action #26 was to provide greater access to available Chinook salmon 
quota. The RA considered Chinook salmon landings to date and fishing 
effort and determined that inseason action was necessary to meet 
management goals set preseason. Inseason action to modify limited 
retention regulations is authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#26 occurred on August 9, 2018. Representatives from NMFS, ODFW, CDFW, 
and the Council participated in this consultation.

Inseason Action #27

    Description of the action: Inseason action #27 reversed the 
transfer of coho quota to the recreational salmon fishery in the 
Columbia River subarea that was implemented under inseason action #23. 
The coho quota was returned, without adjustment, as follows: 2,400 coho 
quota to the commercial salmon fishery in the area north of Cape 
Falcon, OR, and 600 coho quota to the recreational salmon fishery in 
the Westport subarea.
    Effective dates: Inseason action #27 took effect on August 23, 
2018, and remained in effect until superseded by inseason action #32 on 
August 30, 2018.
    Reason and authorization for the action: The purpose of inseason 
action #27 was to reverse the transfer of coho quota that was 
implemented under inseason action #23. The recreational fishery in the 
Columbia River subarea closed on August 12, 2018, with an estimated 
remaining coho quota of 3,558. The RA considered coho landings to date 
and determined that none of the 2,400 coho quota previously transferred 
under inseason action #23 was landed in the recreational fishery in the 
Columbia River subarea prior to the closure of that fishery and that 
inseason action to return the quota to the fisheries from which it was 
transferred it was warranted. Inseason trades and transfers of quota 
between commercial and recreational fisheries north of Cape Falcon, OR, 
are authorized by 50 CFR 660.408(d)(1)(vi). Inseason action to modify 
quotas is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#27 occurred on August 23, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #28

    Description of the action: Inseason action #28 transferred the 
remaining Chinook salmon guideline (1,876 Chinook salmon) from the 
recreational salmon fishery in the Neah Bay subarea, which closed 
August 12, 2018, under inseason action #24, to the commercial fishery 
in the area from the U.S./Canada border to the Queets River, WA, to 
complete the trade agreed to under inseason action #17.
    Effective dates: Inseason action #28 took effect on August 23, 
2018, and remained in effect until the commercial salmon fisheries 
north of Cape Falcon, OR, closed on September 19, 2018.
    Reason and authorization for the action: The purpose of inseason 
action #28 was to fulfill the quota trade agreement between the 
commercial and recreational salmon fisheries that began with inseason 
action #17. Under that trade agreement, the commercial salmon fishery 
traded 1,000 coho to the recreational salmon fishery in the Neah Bay 
subarea with the understanding that, when the Neah Bay recreational 
fishery closed for the season, any remaining Chinook salmon would be 
transferred to the commercial fishery. The RA considered the Chinook 
salmon landings in the recreational salmon fishery in the Neah Bay 
subarea and determined that the transfer was consistent with the 
decision made under inseason action #17. Inseason trades and transfers 
of quota between commercial and recreational fisheries north of Cape 
Falcon, OR, are authorized by 50 CFR 660.408(d)(1)(vi). Inseason action 
to modify quotas is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#28 occurred on August 23, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #29

    Description of the action: Inseason action #29 adjusted the 
recreational salmon fishery in the Westport subarea to be open seven 
days per week (previously, it was open Sunday through Thursday) with a 
daily bag limit of two salmon, both of which can be Chinook salmon 
(previously, the daily bag limit was two salmon, only one of which 
could be a Chinook salmon).
    Effective dates: Inseason action #29 took effect on August 24, 
2018, and remained in effect until the fishery closed on September 3, 
2018.
    Reason and authorization for the action: The purpose of inseason 
action #29 was to allow greater access to available quota. The RA 
considered Chinook salmon and coho landings to date and fishery effort 
and determined inseason action to allow more fishing opportunity to 
access available quota was warranted to meet management objectives set 
preseason. Inseason action to modify recreational bag limits and 
fishing days per calendar week is authorized by 50 CFR 
660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#29 occurred on August 23, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #30

    Description of the action: Inseason action #30 adjusted the landing 
and possession limit in the commercial salmon fishery from the U.S./
Canada border to the Queets River, WA, from 50 to 85 Chinook salmon per 
vessel per landing week.
    Effective dates: Inseason action #30 superseded inseason action #18 
on August 23, 2018, and remained in effect until the fishery closed on 
September 19, 2018.
    Reason and authorization for the action: The purpose of inseason 
action #30 was to allow greater access to available Chinook salmon 
quota. The RA considered coho and Chinook landings and fishery effort 
and determined that inseason action to increase the landing and 
possession limit in the fishery was warranted to meet management 
objectives set preseason. Inseason action to modify limited retention 
regulations is authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#30 occurred on August 23, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #31

    Description of the action: Inseason action #31 adjusted the landing 
and possession limit in the commercial salmon fishery from Leadbetter 
Point, WA to Cape Falcon, OR, from 75 to 85 Chinook salmon per vessel 
per landing week.
    Effective dates: Inseason action #31 superseded inseason action #16 
on August 23, 2018, and remained in effect until the fishery closed on 
September 19, 2018.
    Reason and authorization for the action: The purpose of inseason 
action #31 was to allow greater access to available Chinook salmon 
quota. The RA considered coho and Chinook

[[Page 63592]]

landings and fishery effort and determined that inseason action to 
increase the landing and possession limit in the fishery was warranted 
to meet management objectives set preseason. Inseason action to modify 
limited retention regulations is authorized by 50 CFR 
660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#31 occurred on August 23, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #32

    Description of the action: Inseason action #32 transferred 2,400 
coho quota from the commercial salmon fishery in the area north of Cape 
Falcon to the recreational salmon fishery in the Columbia River 
subarea.
    Effective dates: Inseason action #32 took effect on August 30, 
2018, and remained in effect until reversed under inseason action #36 
on September 12, 2018.
    Reason and authorization for the action: The purpose of inseason 
action #32 was to provide ample coho quota to support re-opening the 
recreational fishery in the Columbia River subarea during the Labor Day 
holiday weekend (see inseason action #34, below). Considering coho and 
Chinook salmon landings to date in the commercial and recreational 
fisheries and fishery effort, the RA determined that inseason action to 
transfer available coho quota from the commercial fishery to the 
recreational fishery was warranted to support the economic benefit of 
the fishery dependent community in the Columbia River subarea and 
consistent with management goals set preseason. Inseason trades and 
transfers of quota between commercial and recreational fisheries north 
of Cape Falcon, OR, are authorized by 50 CFR 660.408(d)(1)(vi). 
Inseason action to modify quotas is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#32 occurred on August 30, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #33

    Description of the action: Inseason action #33 adjusted the landing 
and possession limit in the commercial salmon fishery north of Cape 
Falcon, OR, from 10 to 25 coho, marked with a healed adipose fin clip, 
per vessel per landing week.
    Effective dates: Inseason action #33 took effect August 30, 2018, 
and remained in effect until the fishery closed on September 19, 2018.
    Reason and authorization for the action: The purpose of inseason 
action #33 was to allow greater access to available coho quota. 
Considering coho and Chinook salmon landings and fishery effort, the RA 
determined that inseason action to increase the landing and possession 
limit in the fishery was warranted to meet management objectives set 
preseason. Inseason action to modify limited retention regulations is 
authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#33 occurred on August 30, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #34

    Description of the action: Inseason action #34 reopened the 
recreational salmon fishery in the Columbia River subarea from 
September 2, 2018 through September 3, 2018.
    Effective dates: Inseason action #34 superseded inseason action #25 
on September 2, 2018, and remained in effect through September 3, 2018, 
the closing date of the 2018 recreational salmon fishery north of Cape 
Falcon, Oregon.
    Reason and authorization for the action: The purpose of inseason 
action #34 was to provide recreational fishing opportunity in the 
Columbia River subarea during the Labor Day holiday weekend. As 
described under inseason action #32, above, the RA considered landings 
to date, fishery effort, and available quota, and determined that 
inseason action to re-open the recreational fishery in the Columbia 
River subarea was warranted to provide economic benefit and to be 
consistent with management objectives set preseason. Inseason trades 
and transfers of quota between commercial and recreational fisheries 
north of Cape Falcon, OR, are authorized by 50 CFR 660.408(d)(1)(vi). 
Inseason action to modify quotas is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#34 occurred on August 30, 2018. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #35

    Description of the action: Inseason action #35 rolled over 
remaining coho quota from the recreational mark-selective coho fishery 
in the area from Cape Falcon, OR, to Humbug Mountain, OR, to the 
recreational non-mark-selective coho fishery on an impact-neutral 
basis. This action adjusted the quota in the non-mark-selective coho 
fishery from 3,500 to 7,600 coho.
    Effective dates: Inseason action #35 took effect on September 12, 
2018, and remained in effect until the fishery was closed by inseason 
action #37 on September 21, 2018.
    Reason and authorization for the action: The purpose of inseason 
action was to provide access to available coho quota. The annual 
management measures (83 FR 19005, May 1, 2018) state that marked coho 
remaining from the Cape Falcon, OR, to Humbug Mountain, OR, 
recreational mark-selective coho quota may be transferred inseason to 
the Cape Falcon, OR, to Humbug Mountain, OR, non-mark-selective 
recreational fishery if the transfer would not result in exceeding 
preseason impact expectations on any stocks. The RA considered coho 
landings and the STT's calculations for the impact-neutral roll-over 
and determined that inseason action to roll over the coho quota between 
these fisheries was warranted to meet management objectives set 
preseason.
    Consultation date and participants: Consultation on inseason action 
#35 occurred on September 12, 2018. Representatives from NMFS, WDFW, 
ODFW, and the Council participated in this consultation.

Inseason Action #36

    Description of the action: Inseason action #36 reversed the 
transfer of coho quota to the recreational salmon fishery in the 
Columbia River subarea that was implemented under inseason action #32. 
The 2,400 coho quota was returned to the commercial salmon fishery in 
the area north of Cape Falcon, OR, without adjustment.
    Effective dates: Inseason action #36 took effect on September 12, 
2018, and remained in effect until the commercial salmon fishery north 
of Cape Falcon, OR, closed on September 19, 2018, as scheduled 
preseason.
    Reason and authorization for the action: The purpose of inseason 
action #36 was to reverse the transfer of coho quota that was 
implemented under inseason action #32. The recreational fishery in the 
Columbia River subarea closed on September 3, 2018, with an estimated 
remaining coho quota of 2,854. The RA considered coho landings to date 
and determined that none of the 2,400 coho quota previously transferred 
under inseason action #32 was landed in the recreational fishery in the 
Columbia River subarea prior to the closure of that fishery on 
September 3,

[[Page 63593]]

2018, and that inseason action to return the quota to the fisheries 
from which it was transferred it was warranted. Inseason trades and 
transfers of quota between commercial and recreational fisheries north 
of Cape Falcon, OR, are authorized by 50 CFR 660.408(d)(1)(vi). 
Inseason action to modify quotas is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#36 occurred on September 12, 2018. Representatives from NMFS, WDFW, 
ODFW, and the Council participated in this consultation.

Inseason Action #37

    Description of the action: Inseason action #37 closed the 
recreational non-mark-selective coho salmon fishery from Cape Falcon, 
OR, to Humbug Mountain, OR, due to projected attainment of the 
available coho quota.
    Effective dates: Inseason action #37 took effect on September 21, 
2018, and remained in effect through the end of the salmon fishing 
season.
    Reason and authorization for the action: The purpose of inseason 
action #37 was to prevent exceeding the coho quota in the fishery. The 
RA considered coho landings and remaining quota and determined inseason 
action was necessary to stay within the adjusted coho quota. Inseason 
action to modify fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#37 occurred on September 19, 2018. Representatives from NMFS, ODFW, 
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 coho, Chinook salmon, and Pacific 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 under 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 coho, Chinook salmon, and Pacific 
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: December 4, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-26720 Filed 12-10-18; 8:45 am]
 BILLING CODE 3510-22-P