[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Rules and Regulations]
[Pages 16540-16542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06516]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 200505-0127; RTID 0648-XA944]


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions #1 
through #9

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

ACTION: Inseason modification of 2021 management measures.

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SUMMARY: NMFS announces nine inseason actions in the 2021 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: 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 U.S./Canada 
border 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 Chairman of 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 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 SOF fisheries as set out under the heading Inseason Actions.

Reason and Authorization for Inseason Actions #1-#9

    The fisheries affected by the inseason actions described below were 
authorized in the final rule for 2020 annual management measures for 
ocean salmon fisheries (85 FR 27317, May 8, 2020). At its March 2-11, 
2021 meeting, the Council's Salmon Technical Team (STT) presented 
updated stock abundance forecasts for salmon stocks managed under the 
Pacific Coast Salmon Fishery Management Plan (FMP). Based on the STT's 
report, SOF ocean salmon fisheries will be constrained in 2021 by the 
low abundance forecast for Klamath River fall-run Chinook salmon 
(KRFC), which was determined to be overfished under the Magnuson-
Stevens Fishery Conservation and Management Act (MSA) in 2018. The 
forecast of potential spawner abundance for KRFC in 2021 is 42,098 
natural area spawners; this is 31 percent of the average forecast of 
potential KRFC spawners over the previous 9 years (2012-2020).

[[Page 16541]]

    NMFS is taking the inseason actions described below to manage and 
conserve SOF ocean salmon fishery impacts on overfished KRFC by 
reducing impacts in spring fisheries through closure or shortened 
fisheries in areas that impact KRFC. In Oregon, these inseason actions 
include dividing the area from Cape Falcon to Humbug Mountain at the 
Heceta Bank Line, which is the port area analysis boundary used by the 
STT. This allows for finer-scale management of fisheries in the 
Northern Oregon (NO) (Cape Falcon to Heceta Bank Line) and Central 
Oregon (CO) (Heceta Bank Line to Humbug Mountain) port areas. The NO 
and CO port area impacts are analyzed separately by the STT and in the 
environmental assessment prepared under the National Environmental 
Policy Act (NEPA) (https://media.fisheries.noaa.gov/dam-migration/2020_ocean_salmon_management_ea_and_fonsi.pdf) and have different 
impacts on salmon stocks; e.g., the NO port area has lower impacts on 
KRFC than the CO port area.
    The NMFS West Coast Regional Administrator (RA) considered the 
abundance forecasts for Chinook salmon stocks and the impacts of the 
SOF ocean salmon fisheries, as modeled by the STT, and determined that 
the inseason actions, described below, were necessary to meet 
management and conservation goals set preseason. These inseason actions 
modify boundaries under 50 CFR 660.409(b)(1)(v) and fishing seasons 
under 50 CFR 660.409(b)(1)(i).
    Consultation under 50 CFR 660.409(b) on these inseason actions 
occurred on March 10, 2021. Representatives from NMFS, ODFW, CDFW, and 
Council staff participated in this consultation. The Council may 
consider further inseason action at its April 6-15, 2021, meeting.

Inseason Actions

Inseason Action #1

    Description of the action: Inseason action #1 modified the 
boundaries in the commercial ocean salmon fishery between Cape Falcon, 
OR, and Humbug Mountain, OR, by dividing the area consistent with the 
NO and CO port analysis areas at the Heceta Bank Line (latitude 
43[deg]58'00'' N). The boundaries of the resulting sub-areas are: Cape 
Falcon, OR, to the Heceta Bank Line and the Heceta Bank Line to Humbug 
Mountain, OR.
    Effective dates: Inseason action #1 took effect on March 11, 2021, 
and remains in effect until superseded.

Inseason Action #2

    Description of the action: Inseason action #2 delayed the opening 
date of the commercial ocean salmon fishery from Cape Falcon, OR, to 
the Heceta Bank Line, previously scheduled to open March 15, 2021. This 
fishery will now open March 20, 2021.
    Effective dates: Inseason action #2 took effect on March 15, 2021, 
and remains in effect until superseded.

Inseason Action #3

    Description of the action: Inseason action #3 delayed the opening 
date of the commercial ocean salmon fishery from the Heceta Bank Line 
to Humbug Mountain, OR, previously scheduled to open March 15, 2021.
    Effective dates: Inseason action #3 took effect March 15, 2021, and 
remains in effect until superseded.

Inseason Action #4

    Description of the action: Inseason action #4 delayed the opening 
date of the commercial ocean salmon fishery from Humbug Mountain, OR, 
to the Oregon/California border, previously scheduled to open March 15, 
2021. This fishery will now open March 20, 2021.
    Effective dates: Inseason action #4 took effect March 15, 2021, and 
remains in effect until superseded.

Inseason Action #5

    Description of the action: Inseason action #5 closes the commercial 
ocean salmon fishery in the area from the Oregon/California border to 
the Humboldt South Jetty, CA, previously scheduled for May 1, 2021 to 
May 31, 2021.
    Effective dates: Inseason action #5 takes effect May 1, 2021, and 
remains in effect until superseded.

Inseason Action #6

    Description of the action: Inseason action #6 delays the opening 
date of the commercial ocean salmon fishery from the Horse Mountain, 
CA, to Point Arena, CA, previously scheduled to open April 15, 2021.
    Effective dates: Inseason action #6 takes effect April 15, 2021, 
and remains in effect until superseded.

Inseason Action #7

    Description of the action: Inseason action #7 closes the 
recreational ocean salmon fishery from the Oregon/California border to 
Horse Mountain, CA, previously scheduled to open May 1, 2021.
    Effective dates: Inseason action #7 takes effect May 1, 2021, and 
remains in effect until superseded.

Inseason Action #8

    Description of the action: Inseason action #8 closes the 
recreational ocean salmon fishery from Horse Mountain, CA, to Point 
Arena, CA, previously scheduled to open April 3, 2021.
    Effective dates: Inseason action #8 takes effect April 3, 2021, and 
remains in effect until superseded.

Inseason Action #9

    Description of the action: Inseason action #9 closes the opening 
date of the recreational ocean salmon fishery from Point Arena, CA, to 
Pigeon Point, CA, previously scheduled to open April 3, 2021.
    Effective dates: Inseason action #9 takes effect April 3, 2021, and 
remains in effect until superseded.
    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, 85 FR 55784, September 10, 2020, and 86 FR 13824, March 11, 
2021).
    The RA determined that these inseason actions, recommended by the 
States of Oregon, and California, were warranted based on the best 
available information on Pacific salmon abundance forecasts and 
anticipated fishery effort. 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 MSA. 
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 salmon abundance, catch, and effort

[[Page 16542]]

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 overfished salmon stocks 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 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 25, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-06516 Filed 3-25-21; 4:15 pm]
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