[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Rules and Regulations]
[Pages 13824-13827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05076]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 200505-0127; RTID 0648-XA378]


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions #8 
Through #15

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 eight inseason actions in the 2020 ocean salmon 
fisheries. These inseason actions modified the commercial and 
recreational salmon fisheries in the area

[[Page 13825]]

from the U.S./Canada border to the Oregon/California border.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions.

FOR FURTHER INFORMATION CONTACT: Christina Iverson at 360-742-2506, 
email: [email protected].

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 consultations 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).

Management Areas

    Management of the salmon fisheries is generally divided into two 
geographic areas: North of Cape Falcon (NOF) (U.S./Canada border to 
Cape Falcon, OR) and south of Cape Falcon (SOF) (Cape Falcon, OR, to 
the U.S./Mexico border). The actions described in this document 
affected NOF and SOF fisheries as set out under the heading Inseason 
Actions.

Inseason Actions

Inseason Action #8

    Description of the action: Inseason action #8 adjusted the July-
September quota in the NOF commercial salmon fishery to account for an 
impact-neutral rollover of unused quota from the May-June fishery in 
the same area. The July-September quota was increased from 13,820 to 
25,499 Chinook salmon.
    Effective dates: Inseason action #8 took effect on July 9, 2020, 
and remained in effect through September 30, 2020, the end of the 2020 
NOF commercial salmon season.
    Reason and authorization for the action: Provision for this impact-
neutral rollover of uncaught quota is specified in the 2020 ocean 
salmon regulations (85 FR 27317, May 8, 2020). The NOF May-June 
commercial salmon fishery had a quota of 13,820 Chinook salmon. Of 
that, 2,141 Chinook salmon were caught, leaving quota of 11,679 Chinook 
salmon uncaught. The Council's Salmon Technical Team (STT) determined 
that a 1:1 rollover of the unused quota to the July-September fishery 
would have similar stock-specific fishery impacts to those set 
preseason. Therefore, the remaining quota of 11,679 was rolled over, on 
an impact-neutral basis, to the July-September fishery and added to the 
quota set during preseason planning of 13,820, for an adjusted summer 
NOF commercial quota of 25,499 Chinook salmon. This action did not 
increase overall 2020 Chinook salmon quota in the NOF commercial salmon 
fishery. The NMFS West Coast Regional Administrator (RA) considered the 
landed catch of Chinook salmon to date, the amount of quota remaining, 
and the timing of the action relative to the length of the season, and 
determined that this inseason action was necessary to meet management 
goals set preseason. Inseason action to modify quotas is authorized by 
50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation under 50 CFR 
660.409(b) on inseason action #8 occurred on July 9, 2020. 
Representatives from NMFS, WDFW, ODFW, and the Council participated in 
this consultation.

Inseason Action #9

    Description of the action: Inseason action #9 adjusted the July 
quota in the SOF commercial salmon fishery in the Oregon Klamath 
Management Zone (Oregon KMZ) (Humbug Mountain, OR, to the Oregon/
California border) to account for an impact-neutral rollover of unused 
quota from June. The July quota was adjusted from 300 Chinook salmon to 
630 Chinook salmon.
    Effective dates: Inseason action #9 took effect on July 9, 2020, 
and remained in effect through July 31, 2020, the end of the 2020 SOF 
commercial salmon season in the Oregon KMZ.
    Reason and authorization for the action: The provision for this 
impact-neutral rollover of uncaught quota is specified in the 2020 
ocean salmon regulations (85 FR 27317, May 8, 2020). The Oregon KMZ 
commercial salmon fishery had a June quota of 700 Chinook salmon. Of 
that, 165 Chinook salmon were caught, leaving quota of 535 Chinook 
salmon uncaught. Due to increased fishery impacts on Klamath River 
fall-run Chinook salmon in July as described in domestic fishery 
management models, as compared with June, the STT determined that the 
unused June quota of 535 Chinook salmon would need to be reduced to 330 
Chinook salmon to attain an impact-neutral rollover to July. Therefore, 
330 Chinook salmon were rolled over, on an impact-neutral basis, to the 
July fishery and added to the July quota set during preseason planning 
of 300 Chinook salmon, for an adjusted July Oregon KMZ commercial quota 
of 630 Chinook salmon. The RA considered the landed catch of Chinook 
salmon to date, the amount of quota remaining, and the timing of the 
action relative to the length of the season, and determined that this 
inseason action was necessary to meet management goals set preseason. 
Inseason action to modify quotas and/or fishing seasons is authorized 
by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#9 occurred on July 9, 2020. Representatives from NMFS, CDFW, ODFW, and 
the Council participated in this consultation.

Inseason Action #10

    Description of the action: Inseason action #10 closed the NOF 
recreational salmon fishery from Leadbetter Point, WA to Cape Falcon, 
OR (Columbia River subarea) due to anticipated attainment of quota.
    Effective dates: Inseason action #10 took effect at 11:59 p.m., 
July 26, 2020, and remained in effect through September 30, 2020, the 
end of the 2020 NOF recreational salmon season.
    Reason and authorization for the action: The purpose of inseason 
action #10 was to avoid exceeding the subarea quota for coho salmon in 
the Columbia River subarea recreational salmon fishery. The RA 
considered the landed catch of coho salmon to date, the amount of quota 
remaining, and the timing of the action relative to the length of the 
season, and determined that this inseason action was necessary to avoid 
exceeding the subarea quota set preseason. Inseason action to modify 
quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#10 occurred on July 23, 2020.

[[Page 13826]]

Representatives from NMFS, WDFW, ODFW, and the Council participated in 
this consultation.

Inseason Action #11

    Description of the action: Inseason action #11 closed the NOF 
recreational salmon fishery from the U.S./Canada border to Cape Alava, 
WA (Neah Bay subarea), due to anticipated attainment of quota.
    Effective dates: Inseason action #11 took effect at 11:59 p.m., 
August 7, 2020, and remained in effect through September 30, 2020, the 
end of the 2020 NOF recreational salmon season.
    Reason and authorization for the action: The purpose of inseason 
action #11 was to avoid exceeding the subarea quota for coho salmon in 
the Neah Bay subarea recreational salmon fishery. The RA considered the 
landed catch of coho salmon to date, the amount of quota remaining, and 
the timing of the action relative to the length of the season, and 
determined that this inseason action was necessary to avoid exceeding 
the subarea quota set preseason. Inseason action to modify quotas and/
or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#11 occurred on August 5, 2020. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #12

    Description of the action: Inseason action #12 adjusted the non-
mark selective coho salmon quota in the SOF recreational fishery from 
Cape Falcon to Humbug Mountain to account for an impact-neutral 
rollover of unused quota from the mark selective fishery in the same 
area. The non-selective quota was increased from 3,000 to 4,650.
    Effective dates: Inseason action #12 took effect at 12:01 a.m. on 
September 4, 2020, and remained in effect through October 31, 2020, the 
end of the SOF recreational salmon season in the area from Cape Falcon 
to Humbug Mountain.
    Reason and authorization for the action: Provision for this impact-
neutral rollover of uncaught quota is specified in the 2020 ocean 
salmon regulations (85 FR 27317, May 8, 2020). The SOF June-August mark 
selective recreational coho salmon fishery had a remaining quota of 
8,607 uncaught coho salmon as of August 26, 2020. The STT determined 
that a rollover of 1,650 of the unused quota to the non-mark selective 
fishery would have similar fishery impacts to those set during 
preseason planning for Oregon Coastal natural coho salmon, and would 
not exceed the 11.6 percent exploitation rate set preseason. Therefore, 
of the remaining coho quota, 1,650 was rolled over on an impact-neutral 
basis, to the non-mark selective fishery in the same area. This 
adjusted the September non-mark selective quota from 3,000 to 4,650 
coho salmon. This action did not increase the overall 2020 coho salmon 
quota in the SOF recreational salmon fishery. The RA considered the 
landed catch of coho salmon to date, the amount of quota remaining, and 
the timing of the action relative to the length of the season, and 
determined that this inseason action was necessary to meet management 
goals set preseason. Inseason action to modify quotas and/or fishing 
seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation under 50 CFR 
660.409(b) on inseason action #12 occurred on August 26, 2020. 
Representatives from NMFS, CDFW, ODFW, and the Council participated in 
this consultation.

Inseason Action #13

    Description of the action: Inseason action #13 modified the days 
open for fishing from five to seven days a week, and adjusted the daily 
bag limit to allow retention of up to two Chinook salmon in the 
recreational salmon fishery U.S./Canada border to Cape Alava, WA 
(Westport subarea). Previously, the two salmon per day bag limit in 
this fishery allowed retention of only one Chinook salmon.
    Effective dates: Inseason action #13 took effect at 12:01 a.m. on 
September 4, 2020, and remained in effect through the September 30, 
2020, the end of the 2020 NOF recreational salmon season.
    Reason and authorization for the action: The purpose of inseason 
action #13 was to allow greater access to available Chinook salmon 
quota in the recreational fishery. The RA considered Chinook and coho 
salmon landings and fishery effort in the Westport subarea and 
determined that this inseason action was necessary to meet management 
objectives set preseason. Inseason modification of recreational bag 
limits and recreational fishing days per calendar week is authorized by 
50 CFR 660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#13 occurred on September 2, 2020. Representatives from NMFS, WDFW, 
ODFW, and the Council participated in this consultation.

Inseason Action #14

    Description of the action: Inseason action #14 transferred 228 coho 
salmon from the NOF recreational coho salmon quota for the La Push 
subarea to the NOF recreational coho salmon quota for the Neah Bay 
subarea on a 1:1, impact-neutral basis. The Neah Bay quota was 
increased from 2,760 coho salmon to 2,988 coho salmon. The La Push 
quota was decreased from 690 coho salmon to 462 coho salmon. The NOF 
recreational coho salmon quota in the Neah Bay subarea was adjusted 
from 2,760 to 2,988 on an impact-neutral basis. This 1:1 roll over of 
coho salmon quota from the La Push subarea was necessary to have 
similar fishery impacts to those set preseason in Neah Bay. This also 
adjusted the La Push subarea quota from 690 coho salmon to 462 coho 
salmon.
    Effective dates: Inseason action #14 took effect September 2, 2020, 
and remained in effect through September 30, 2020, the end of the 2020 
NOF recreational salmon season.
    Reason and authorization for the action: Provision for this impact-
neutral rollover of uncaught quota is specified in the 2020 ocean 
salmon regulations (85 FR 27317, May 8, 2020). The NOF Neah Bay 
recreational coho salmon fishery reported an overage of 228 coho salmon 
as of August 7, 2020, when the fishery closed (see inseason action #11, 
above). At the time of the inseason consultation, the La Push subarea 
had 517 coho salmon remaining on the preseason quota of 690 coho 
salmon. The Council's STT determined that a 1:1 rollover of the unused 
coho quota from the La Push subarea to the Neah Bay subarea would have 
similar fishery impacts to those set preseason. Therefore, 228 of coho 
quota from the La Push subarea was rolled over, on an impact-neutral 
basis, to the Neah Bay subarea coho fishery, for an adjusted Neah Bay 
subarea quota of 2,988 for the 2020 season and a revised remaining La 
Push subarea coho quota of 462. This action did not increase overall 
2020 coho salmon quota in the NOF recreational salmon fishery. The RA 
considered the landed catch of coho salmon to date, the amount of quota 
taken to date, and the timing of the action relative to the length of 
the season, and determined that this inseason action was necessary to 
meet management goals set preseason and address the overage in the Neah 
Bay subarea coho catch. Inseason action to modify quotas and/or fishing 
seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#14 occurred on September 2, 2020. Representatives from NMFS, WDFW, 
ODFW, and the Council participated in this consultation.

[[Page 13827]]

Inseason Action #15

    Description of the action: Inseason action #15 closed the SOF 
recreational non-mark selective coho fishery from Cape Falcon, OR to 
Humbug Mountain, CA due to anticipated attainment of quota.
    Effective dates: Inseason action #15 took effect at 12:01 a.m. 
Friday September 11, 2020, and remained in effect through September 30, 
2020, the end of the 2020 SOF recreational salmon season in the area 
from Cape Falcon, OR to Humbug Mountain, CA.
    Reason and authorization for the action: The purpose of inseason 
action #15 was to avoid exceeding the subarea quota for coho salmon in 
the SOF recreational salmon fishery in the area from Cape Falcon to 
Humbug Mountain. The RA considered the landed catch of coho salmon to 
date, the amount of quota remaining, and the timing of the action 
relative to the length of the season, and determined that this inseason 
action was necessary to avoid exceeding the subarea quota set 
preseason. The 2020 salmon management measures authorize the closure of 
fisheries, as specified in the 2020 ocean salmon regulations (85 FR 
27317, May 8, 2020).
    Consultation date and participants: Consultation on inseason action 
#15 occurred on September 8, 2020. Representatives from NMFS, CDFW, 
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) and as modified by previous inseason actions (85 FR 31707, May 
27, 2020 and 85 FR 55784, September 10, 2020).
    The RA determined that these inseason actions, recommended by the 
States of Washington, Oregon, and California were warranted based on 
the best available information on Pacific salmon landings to date, 
fishery effort, and remaining Pacific salmon 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 at 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 these actions pursuant to section 305(d) of the 
Magnuson-Stevens Act. These actions are required 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 these actions, as 
notice and comment would be impracticable and contrary to the public 
interest. 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 and coho salmon catch and effort information 
was 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. 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 these actions 
would allow fishing at levels inconsistent with the goals of the FMP 
and the current management measures.

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

    Dated: March 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-05076 Filed 3-10-21; 8:45 am]
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