[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Rules and Regulations]
[Pages 31707-31708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11358]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 200505-0127; RTID 0648-XW028]


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Action #6

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

ACTION: Inseason modification of 2020 management measures.

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SUMMARY: NMFS announces one inseason action in the 2020 ocean salmon 
fisheries. This inseason action modified the commercial salmon fishery 
in the area from the U.S./Canada border to Leadbetter Point, WA.

DATES: This inseason action became applicable on 0001 hours Pacific 
Daylight Time, May 6, 2020, and remains in effect until superseded or 
modified.

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

SUPPLEMENTARY INFORMATION:

Background

    In the 2020 annual management measures for ocean salmon fisheries 
(85 FR 27317, May 8, 2020), 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 6, 2020, until the effective date of the 2021 
management measures, as published in the Federal Register. 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 consultation described in this document were: The 
Washington Department of Fish and Wildlife (WDFW) and the Oregon 
Department of Fish and Wildlife (ODFW).

Inseason Action

Inseason Action #6

    Description of the action: Inseason action #6 made modifications to 
the landing restrictions for the commercial salmon fishery in the area 
from the U.S./Canada border to Leadbetter Point, WA. Prior to this 
action, vessels fishing or in possession of salmon north of Leadbetter 
Point could not land fish east of the Sekiu River, WA. Under this 
inseason action, fish cannot be landed east of Port Angeles, WA 
(approximately 50 miles, or 80 km, east of the Sekiu River). 
Additionally, for delivery to Washington ports east of the Sekiu River, 
vessels must notify WDFW at 360-249-1215 prior to crossing the Bonilla-
Tatoosh line (Washington Administrative Code 220-300-360) with the area 
fished, total number of Chinook, coho, and halibut catch aboard, and 
the vessel's destination and approximate time of delivery.
    Effective dates: Inseason action #6 took effect on May 6, 2020, and 
remains in effect until modified by further inseason action.
    Reason and authorization for the action: The commercial salmon 
fishery north of Leadbetter Point, WA, traditionally lands their catch 
at Neah Bay, WA, or La Push, WA. Currently, those ports, which are 
located on the reservations of the Makah Tribe and Quileute Nation, 
respectively, are closed to public access out of public health and 
safety concerns. The purpose of inseason action #6 was to provide the 
commercial salmon fishery access to open ports to land and deliver 
their catch north of Leadbetter Point. The addition of a telephone 
reporting provision is to monitor catch in the area in order to manage 
fishery impacts, consistent with preseason planning, on Puget Sound 
Chinook salmon, which are listed as threatened under the Endangered 
Species Act. The NMFS West Coast Regional Administrator (RA) considered 
public health and safety concerns, port access issues, and the need to 
monitor landings in the area, and determined that this inseason action 
was necessary to meet management and conservation objectives while 
accommodating public health and safety concerns. Inseason modification 
of landing boundaries is authorized by 50 CFR 660.409(b)(1)(v).
    Consultation date and participants: Consultation on inseason action 
#6 occurred on May 5, 2020. Representatives from NMFS, WDFW, ODFW, and 
the Council participated in this consultation.
    All other restrictions and regulations remain in effect as 
announced for the 2020 ocean salmon fisheries (85 FR 27317, May 8, 
2020).
    The RA determined that the above inseason action recommended by the 
state of Washington was warranted and based on the best available 
information, as presented by WDFW, and supported concerns regarding 
public health and safety, access to ports, and monitoring fishery 
impacts, as described above. 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

[[Page 31708]]

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 (85 FR 27317, May 8, 2020), 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 had insufficient time to provide 
for prior notice and the opportunity for public comment between the 
time the need to provide alternative landing ports was known and the 
opening of the fishery on May 6, 2020. 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 not provide 
a legal option for landing commercial catch north of Leadbetter Point, 
WA, due to the closure of the traditional ports, and would, therefore, 
have precluded the ability for the fishery to function as anticipated 
preseason.
    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 21, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-11358 Filed 5-26-20; 8:45 am]
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