[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Rules and Regulations]
[Pages 55784-55785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19996]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 200505-0127; RTID 0648-XA261]


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Action #7

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 regulations regarding the 
retention of Pacific halibut caught incidental to the commercial salmon 
fishery in the area from the U.S./Canada border to the U.S./Mexico 
border.

DATES: This inseason action became applicable on June 30, 2020, as 
announced on NMFS' telephone hotline and U.S. Coast Guard broadcast, 
and remains in effect until superseded or modified.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), the Oregon 
Department of Fish and Wildlife (ODFW), and the California Department 
of Fish and Wildlife (CDFW).

Inseason Action

Inseason Action #7

    Description of the action: Inseason action #7 extended retention of 
Pacific halibut caught incidental to the commercial salmon fishery past 
the June 30, 2020 end date set preseason.
    Effective dates: Inseason action #7 took effect on June 30, 2020, 
and remains in effect until modified by further inseason action.
    Reason and authorization for the action: The 2020 salmon management 
measures (85 FR 27317, May 8, 2020) authorize the retention of Pacific 
halibut caught incidental to the commercial salmon fishery in 2020 
during April, May, and June, and after June 30, 2020, if quota remains 
and announced on the NMFS telephone hotline for salmon fisheries. The 
2020 incidental Pacific halibut quota for the commercial salmon fishery 
is 44,899 pounds (20,366 kg) (weighed head off). Landings reported by 
the states, through June 17, 2020, totaled 3,566 pounds (1,618 kg) 
(weighed head off), leaving 92.1 percent of the quota unharvested. The 
NMFS West Coast Regional Administrator (RA) considered the landed catch 
of Pacific halibut to date, the amount of quota remaining, and the 
timing of the action relative to the length of the commercial salmon 
season, and determined that this inseason action was necessary to meet 
management goals set preseason. Inseason 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 under 50 CFR 
660.409(b) on inseason action #7 occurred on June 24, 2020. 
Representatives from NMFS, WDFW, ODFW, CDFW, 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) and as modified by previous inseason action (85 FR 31707, May 27, 
2020).
    The RA determined that this inseason action, recommended by the 
state of Washington, was warranted based on the best available 
information on Pacific halibut landings to date and remaining Pacific 
halibut quota. 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

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is authorized by 50 CFR 660.409, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be impracticable and contrary to

[[Page 55785]]

the public interest. 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 
halibut landing data were available to inform the decision to extend 
Pacific halibut retention and the June 30, 2020 closure established 
preseason. 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.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date, as a delay in effectiveness of this action 
would prevent the fishery from accessing available Pacific halibut 
quota.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 4, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-19996 Filed 9-9-20; 8:45 am]
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