[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23737-23739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10808]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 170831849-8404-01]
RIN 0648-XG904


Fisheries Off West Coast States; Modifications of the West Coast 
Recreational and Commercial Salmon Fisheries; Inseason Actions #1 
Through #5

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 five inseason actions in the ocean salmon 
fisheries. These inseason actions modified the commercial and 
recreational salmon fisheries in the area from Cape Falcon, OR, to 
Pigeon Point, CA.

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: 

Background

    In the 2018 annual management measures for ocean salmon fisheries 
(83

[[Page 23738]]

FR 19005, May 1, 2018), NMFS announced management measures for the 
commercial and recreational fisheries in the area from Cape Falcon, OR, 
to the U.S./Mexico border, effective from 0001 hours Pacific Daylight 
Time (PDT), May 1, 2018, until the effective date of the 2019 
management measures, as published in the Federal Register (84 FR 19729, 
May 6, 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) and Oregon Department of Fish and Wildlife (ODFW).
    The annual salmon management cycle begins May 1 and continues 
through April 30 of the following year. As described in the final rule 
for 2019 ocean salmon management measures (84 FR 19729, May 6, 2019), 
the April Council meeting in 2019 occurred too late to allow enough 
time for NMFS to review, approve, and implement the Council's 
recommended management measures by May 1. Therefore, the rule 
implementing the salmon fishery management measures in 2018 (84 FR 
19005, May 1, 2018) remained in effect from May 1, 2018, until the 
effective date of this 2019 rule, May 6, 2019. Fisheries scheduled to 
begin before May 6, 2019, were conducted under the 2018 management 
measures for the May 1 to May 6 time period. All five inseason actions 
in this document apply to management measures implemented through the 
2018 rule (83 FR 19005, May 1, 2018).

Inseason Actions

Inseason Action #1

    Description of the action: Inseason action #1 postponed the 
starting date for commercial salmon fisheries in the area from Cape 
Falcon, OR, to Humbug Mountain, OR, and in the area from Humbug 
Mountain, OR, to the Oregon/California border, previously scheduled to 
open on March 15, 2019, to April 20, 2019.
    Effective dates: Inseason action #1 took effect on March 15, 2019, 
and remained in effect until May 6, 2019.
    Reason and authorization for the action: The purpose of inseason 
action #1 was to limit fishery impacts on age-4 Klamath River fall-run 
Chinook salmon (KRFC) in order to meet Endangered Species Act (ESA) 
requirements for threatened California Coastal Chinook salmon (CCC). 
NMFS' ESA biological opinion on Council-managed salmon fisheries limits 
fishery impacts to no more than 16 percent ocean harvest rate on age-4 
KRFC as a surrogate for CCC. The NMFS West Coast Regional Administrator 
(RA) considered Chinook salmon forecasts and anticipated fishery 
impacts for 2019 and determined that this inseason action was necessary 
to meet management and conservation objectives. Inseason modification 
of fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#1 occurred on March 11, 2019. Representatives from NMFS, ODFW, CDFW, 
and the Council participated in this consultation.

Inseason Action #2

    Description of the action: Inseason action #2 cancelled the 
commercial salmon fishery from Horse Mountain, CA, to Point Arena, CA, 
that was previously scheduled to open April 16 through 30, 2019.
    Effective dates: Inseason action #2 took effect April 16, 2019, and 
remained in effect until May 6, 2019.
    Reason and authorization for the action: The purpose of inseason 
action #2 was to limit fishery impacts on age-4 KRFC, as described 
above in inseason action #1. The RA considered Chinook salmon forecasts 
and anticipated fishery impacts for 2019 and determined that this 
inseason action was necessary to meet management and conservation 
objectives. Inseason modification of fishing seasons is authorized by 
50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#2 occurred on March 11, 2019. Representatives from NMFS, ODFW, CDFW, 
and the Council participated in this consultation.

Inseason Action #3

    Description of the action: Inseason action #3 postponed the 
starting date for recreational salmon fisheries in the area from Horse 
Mountain, CA, to Point Arena, CA, and in the area from Point Arena, CA, 
to Pigeon Point, CA, previously scheduled to open on April 6, 2019, to 
April 13, 2019.
    Effective dates: Inseason action #3 took effect on April 6, 2019, 
and remained in effect until May 1, 2019.
    Reason and authorization for the action: The purpose of inseason 
action #3 was to limit fishery impacts on age-4 KRFC, as described 
above in inseason action #1, endangered Sacramento River winter-run 
Chinook salmon and overfished Sacramento River fall-run Chinook salmon 
(SRFC). The RA considered Chinook salmon forecasts and anticipated 
fishery impacts for 2019 and determined that this inseason action was 
necessary to meet management and conservation objectives. Inseason 
modification of fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#3 occurred on March 11, 2019. Representatives from NMFS, ODFW, CDFW, 
and the Council participated in this consultation.

Inseason Action #4

    Description of the action: Inseason action #4 postponed the 
starting date for commercial salmon fisheries in the area from Cape 
Falcon, OR, to Humbug Mountain, OR, and in the area from Humbug 
Mountain, OR, to the Oregon/California border, previously scheduled to 
open May 4, under the 2018 rule, to May 6 in 2019.
    Effective dates: Inseason action #4 took effect on May 4, 2019, and 
remained in effect until May 6, 2019.
    Reason and authorization for the action: The purpose of inseason 
action #4 was to limit fishery impacts on overfished KRFC, overfished 
SRFC, and ESA-listed CCC. The RA considered Chinook salmon forecasts 
and anticipated fishery impacts for 2019 and determined that this 
inseason action was necessary to meet management and conservation 
objectives. Inseason modification of fishing seasons is authorized by 
50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#4 occurred on April 15, 2019. Representatives from NMFS, ODFW, CDFW, 
and the Council participated in this consultation.

Inseason Action #5

    Description of the action: Inseason action #5 postponed the 
starting date for the commercial salmon fishery in the area from the 
Oregon/California border to Humboldt South Jetty, CA, previously 
scheduled to open May 1, under the 2018 rule, to June 1 in 2019.

[[Page 23739]]

    Effective dates: Inseason action #5 took effect on May 1, 2019, and 
remained in effect until May 6, 2019.
    Reason and authorization for the action: The purpose of inseason 
action #3 was to limit fishery impacts on overfished KRFC, overfished 
SRFC, and ESA-listed CCC. The RA considered Chinook salmon forecasts 
and anticipated fishery impacts for 2019 and determined that this 
inseason action was necessary to meet management and conservation 
objectives. Inseason modification of fishing seasons is authorized by 
50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#5 occurred on April 15, 2019. 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 6, 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 abundance forecasts and expected fishery effort in 
2019 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 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 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 
ESA 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 20, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-10808 Filed 5-22-19; 8:45 am]
 BILLING CODE 3510-22-P