[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Rules and Regulations]
[Pages 23872-23874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09427]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 200505-0127; RTID 0648-XB031]
Fisheries Off West Coast States; Modifications of the West Coast
Commercial and Recreational Salmon Fisheries; Inseason Actions #10
Through #16
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 seven inseason actions in the 2021 ocean salmon
fisheries. These inseason actions modified the commercial salmon
fisheries in the area from the U.S./Canada border to the U.S./Mexico
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 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 Washington Department of Fish and Wildlife, 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 both NOF and SOF fisheries as set out under the heading
Inseason Actions.
Reason and Authorization for SOF Inseason Actions #10-#14
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 10,
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; which is below the 2020 potential spawner
forecast of 48,274, and is 31 percent of the average forecast of
potential KRFC spawners over the previous 9 years (2012-2020). To
reduce ocean salmon fishery impacts on KRFC, NMFS took 9 inseason
actions concurrent with the March Council meeting to restrict some
fisheries that were previously scheduled to open prior to May 16, 2021
(86 FR 16540, March 30, 2021). At its April 6-15, 2021 meeting, the
Council finalized development of its recommended 2021 ocean salmon
management measures.
NMFS took additional 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 consistent with its forecasted
abundance in 2021 and conservation goals.
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 April 15, 2021. Representatives from NMFS, ODFW, CDFW, and
Council staff participated in this consultation.
[[Page 23873]]
Reason and Authorization for NOF Inseason Actions #15-#16
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 the April 6-15,
2021 meeting, the Council finalized development of its recommended 2021
ocean salmon management measures. This included final model runs of
exploitation rates based on a Chinook salmon retention size for NOF
commercial fisheries of 27 inches. The results as modeled did not
indicate a change in the exploitation rates previously modeled with the
28 inch retention size, and would continue to meet conservation
objectives.
NMFS is taking these inseason actions to provide consistency
between fisheries authorized under the 2020 management measures and
fisheries adopted at the April Council meeting for 2021, which NMFS is
expected to enact by May 16, 2021.
The NMFS West Coast Regional Administrator (RA) considered the
abundance forecasts for Chinook salmon stocks and the impacts of the
NOF ocean salmon fisheries, as modeled, and determined that the
inseason actions, described below, were necessary to meet management
and conservation goals set preseason. These inseason actions modify
fishing seasons under 50 CFR 660.409(b)(1)(i).
Consultation under 50 CFR 660.409(b) on these inseason actions
occurred on April 20, 2021. Representatives from NMFS, ODFW, WDFW, and
Council staff participated in this consultation.
Inseason Actions
Inseason Action #10
Description of the action: Inseason action #10 closes the
commercial ocean salmon fishery from Cape Falcon to Heceta Bank Line
fishery from May 6-May 9, 2021. This fishery is now scheduled to be
open March 20-May 5, 2021, and May 10-May 15, 2021.
Effective dates: Inseason action #10 took effect on April 15, 2021,
and remains in effect until superseded.
Inseason Action #11
Description of the action: Inseason action #11 supersedes inseason
action #3 which delayed the opening of the commercial ocean salmon
fishery from the Heceta Bank Line to Humbug Mountain previously
scheduled to open March 15, 2021. This fishery is now scheduled to be
open May 1-5, 2021, and May 10-15, 2021.
Effective dates: Inseason action #11 took effect on April 15, 2021,
and remains in effect until superseded.
Inseason Action #12
Description of the action: Inseason action #12 closes the
commercial ocean salmon fishery from Humbug Mountain to the Oregon/
California border (Oregon Klamath Management Zone) from May 6-May 9,
2021. This fishery is now scheduled to be open March 20-May 5, 2021,
and May 10-May 15, 2021.
Effective dates: Inseason action #12 took effect April 15, 2021,
and remains in effect until superseded.
Inseason Action #13
Description of the action: Inseason action #13 delayed the opening
date of the commercial ocean salmon fishery from Point Arena to Pigeon
Point (San Francisco management area) which was previously scheduled to
open May 1, 2021. This fishery is now scheduled to be open June 16-June
30, 2021.
Effective dates: Inseason action #13 took effect April 15, 2021,
and remains in effect until superseded.
Inseason Action #14
Description of the action: Inseason action #14 modifies the
commercial ocean salmon fishery from Pigeon Point to the U.S./Mexico
border (Monterey management area) which was previously scheduled to
open May 1-May 12, 2021, and May 18-May 30, 2021. This fishery is now
scheduled to be open May 1-May 12, 2021.
Effective dates: Inseason action #14 took effect April 15, 2021,
and remains in effect until superseded.
Inseason Action #15
Description of the action: Inseason action #15 modifies the Chinook
salmon minimum size limit in the commercial ocean salmon fishery from
the U.S./Canada border to Cape Falcon, OR. The Chinook salmon minimum
size limit in this fishery was 28 inches (71.1 cm) total length,
inseason action #15 changes the minimum size limit to 27 inches (68.6
cm) total length.
Effective dates: Inseason action #15 takes effect April 20, 2021,
and remains in effect until superseded.
Inseason Action #16
Description of the action: Inseason action #16 revised the quota
and subarea catch limits for the commercial salmon fishery from the
U.S./Canada border that opens May 1, 2021. The May-June quota increased
from 13,820 Chinook salmon to 15,375 Chinook salmon, no more than 5,680
of which may be caught in the area between the U.S./Canada border and
the Queets River, and no more than 4,195 of which may be caught in the
area between Leadbetter Pt. and Cape Falcon.
Effective dates: Inseason action #16 took effect April 20, 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; 86 FR 13824, March 11, 2021;
and 86 FR 16540, March 30, 2021).
The RA determined that these inseason actions 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 authorized by 50 CFR 660.409, which was issued
pursuant to section 304(b), and is exempt from review under Executive
Order 12866--Regulatory Planning and Review.
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 on these
actions was impracticable because NMFS had insufficient time to provide
for prior notice and the opportunity for public comment between the
time Chinook salmon abundance, 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 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
[[Page 23874]]
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: April 29, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-09427 Filed 4-30-21; 4:15 pm]
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