[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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