[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Rules and Regulations]
[Pages 2039-2040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00021]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[RTID 0648-XW014]


Fraser River Sockeye and Pink Salmon Fisheries; Inseason Orders

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

ACTION: Temporary rule; 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 2019 for sockeye and pink 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 regulations that are given effect by 
inseason orders issued by NMFS (50 CFR 300.94(a)(1)). During the 
fishing season, NMFS may issue inseason orders that establish fishing 
times and areas consistent with the Commission agreements and 
regulations 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 
300.97(b)(1) and in 84 FR 19729 (May 6, 2019). 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 Panel assumed regulatory control of Fraser River Panel Area 
waters on June 30, 2019. The following inseason orders were adopted by 
the Panel and issued for U.S. fisheries within Fraser Panel Area waters 
by NMFS during the 2019 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 84 FR 19729 (May 6, 2019); 
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, with the exception of the Apex, which is those 
waters north and west of the Area 7A ``East Point Line,'' defined as a 
line projected from the low water range marker in Boundary Bay on the 
International Boundary through the east tip of Point Roberts in the 
State of Washington to the East Point Light on Saturna Island in the 
Province of British Columbia.

Fraser River Panel Order Number 2019-01: Issued 1:25 p.m., August 20, 
2019

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, August 21, 2019, through 12 p.m. (noon), Friday, 
August 23, 2019. All efforts must be made to release sockeye alive.
    Areas 6, 7, and 7A: Open for reef net, drift gillnet, and purse 
seine fishing from 5 a.m., Wednesday, August 21, 2019, through 9 a.m., 
Friday, August 23, 2019. All efforts must be made to release sockeye 
alive.
All Citizen Fishery
    Areas 7 and 7A: Open for purse seine fishing, with non-retention of 
sockeye, from 5 a.m. to 9 p.m., Friday, August 23, 2019.
    Areas 7 and 7A: Open for drift gillnet fishing, with non-retention 
of sockeye, from 8 a.m. to 11:59 p.m. (midnight), Friday, August 23, 
2019.

Fraser River Panel Order Number 2019-02: Issued 1:23 p.m., August 23, 
2019

All Citizen Fishery
    Areas 7 and 7A: The purse seine fishery previously scheduled for 5 
a.m. to 9 p.m., Friday, August 23, 2019, is rescinded.
    Areas 7 and 7A: The drift gillnet fishery previously scheduled for 
8 a.m. to 11:59 p.m., Friday, August 23, 2019, is rescinded.

Fraser River Panel Order Number 2019-03: Issued 1:23 p.m., August 23, 
2019

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m. 
(noon), Saturday, August 24, 2019, through 12 p.m. (noon), Wednesday, 
August 28, 2019. Sockeye non-retention.
    Area 7: Open for reef net fishing from 5 a.m. to 9 p.m., Sunday, 
August 25, 2019, and 5 a.m. to 9 p.m., Monday, August 26, 2019. Sockeye 
non-retention.
All Citizen Fishery
    Areas 7: Open for reef net fishing from 5 a.m. to 9 p.m., Sunday, 
August 25, 2019, and from 5 a.m. to 9 p.m., Monday, August 26, 2019. 
Must release all sockeye, unmarked Chinook salmon, unmarked coho, and 
all chum salmon.
    Areas 7 and 7A, excluding the Apex: Open for purse seine fishing 
from 5 a.m. to 9 p.m., Saturday, August 24, 2019, and from 5 a.m. to 9 
p.m., Sunday, August 25, 2019. Pink salmon retention only.

[[Page 2040]]

    Areas 7 and 7A, excluding the Apex: Open for drift gillnet fishing 
from 8 a.m. to 11:59 p.m. (midnight), Saturday, August 24, 2019, and 
Sunday, August 25, 2019. Non-retention of sockeye.

Fraser River Panel Order Number 2019-04: Issued 4:20 p.m., September 
12, 2019

Treaty Indian Fisheries
    Area 7: Open for reef net fishing from 5 a.m. through 9 p.m., 
Friday, September 13, 2019, and from 5 a.m. through 1 p.m., Saturday, 
September 14, 2019. Sockeye non-retention.
    Areas 4B, 5, 6, 6C, 7, and 7A: Open for reef net, drift gillnet, 
and purse seine fishing from 5 a.m., Sunday, September 15, 2019, 
through 9 p.m., Monday, September 16, 2019. Sockeye non-retention.
All Citizen Fishery
    Area 7: Open for reef net fishing from 5 a.m. through 9 p.m., 
Friday, September 13, 2019, and from 5 a.m. through 1 p.m., Saturday, 
September 14, 2019. Must release all sockeye, unmarked Chinook salmon, 
unmarked coho, and all chum salmon.
    Area 7: Open for purse seine fishing from 5 a.m. through 9 p.m., 
Friday, September 13, 2019. Pink salmon retention only.
    Area 7: Open for drift gillnet fishing from 8 a.m. through 11:59 
p.m. (midnight), Friday, September 13, 2019. Non-retention of sockeye.
    Area 7A: Open for purse seine fishing from 5 a.m. through 9 p.m., 
Friday, September 13, 2019, and from 5 a.m. through 1 p.m., Saturday, 
September 14, 2019. Pink salmon retention only.
    Area 7A: Open for drift gillnet fishing from 8 a.m. through 11:59 
p.m. (midnight), Friday, September 13, 2019, and from 8 a.m. through 4 
p.m., Saturday, September 14, 2019. Non-retention of sockeye.

Fraser River Panel Order Number 2019-05: Issued 12:30 p.m., September 
13, 2019

    This order implements changes to fisheries authorized by Fraser 
River Panel Order Number 2019-04, above.
Treaty Indian Fisheries
    Area 7: Open for reef net fishing from 12 p.m. (noon) to 8 p.m., 
Saturday, September 14, 2019. Sockeye non-retention. This supersedes 
the reef net fishery previously scheduled in this area for Saturday, 
September 14, 2019.
    Areas 4B, 5, and 6C: Open for drift gillnet fishing from 5 a.m., 
Sunday, September 15, 2019, through 9 p.m., Monday, September 16, 2019. 
Sockeye non-retention. This supersedes the net fisheries previously 
scheduled in these areas for Sunday, September 15, 2019, and Monday, 
September 16, 2019.
    Areas 6, 7, and 7A: Open for drift gillnet and purse seine fishing 
from 5 a.m., Sunday, September 15, 2019, through 9 p.m., Monday, 
September 16, 2019. Sockeye non-retention. This supersedes the 
fisheries previously scheduled for these areas on Sunday, September 15, 
2019, and Monday, September 16, 2019.
All Citizen Fishery
    Area 7: Open for reef net fishing from 12 p.m. (noon) to 8 p.m., 
Saturday, September 14, 2019. Must release all sockeye, unmarked 
Chinook salmon, unmarked coho, and all chum salmon. This supersedes the 
reef net fishery previously scheduled for this area on Saturday, 
September 14, 2019.

Fraser River Panel Order Number 2019-06: Issued 11:41 a.m., September 
17, 2019

Treaty Indian and All Citizen Fisheries
    Areas 4B, 5, 6, 6C, and 7: Relinquish regulatory control effective 
11:59 p.m. (midnight), Tuesday, September 17, 2019.
    Areas 7A, excluding the Apex: Relinquish regulatory control 
effective 11:59 p.m. (midnight), Saturday, September 21, 2019.
    Apex: Relinquish regulatory control at 11:59 p.m., Saturday, 
October 5, 2019.

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: January 2, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-00021 Filed 1-13-20; 8:45 am]
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