[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Rules and Regulations]
[Pages 34161-34162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13836]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210505-0101; RTID 0648-XB156]


Fisheries Off West Coast States; Modification of the West Coast 
Commercial Salmon Fisheries; Inseason Action #17

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

ACTION: Inseason modification of 2021 management measures.

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[[Page 34162]]

SUMMARY: NMFS announces an inseason action in the 2021 ocean salmon 
fisheries. These inseason actions modified the commercial salmon 
fisheries in the area from the U.S./Canada border to Cape Falcon, OR.

DATES: This inseason action became applicable on June 3, 2021, and 
remains in effect until superseded or modified.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323, Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In the 2021 annual management measures for ocean salmon fisheries 
(86 FR 26425, May 14, 2021), NMFS announced management measures for the 
commercial and recreational fisheries in the area from the U.S./Canada 
border to the U.S./Mexico border, effective from 0001 hours Pacific 
Daylight Time (PDT), May 16, 2021, until the effective date of the 2022 
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).
    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 (Cape Falcon, OR, to the 
U.S./Mexico border). The actions described in this document affected 
the NOF commercial salmon fishery as set out under the heading.

Inseason Action

Reason and Authorization for Inseason Action #17

    The fishery affected by the inseason action described below was 
authorized in the final rule for 2021 annual management measures for 
ocean salmon fisheries (86 FR 26425, May 14, 2021). The 2021 annual 
management measures established a May-June commercial salmon fishery 
that includes subarea quotas for the areas from the U.S./Canada border 
to Queets River, WA (5,680 Chinook salmon), and the area from 
Leadbetter Point, WA, to Cape Falcon, OR (4,195 Chinook salmon). Data 
for the first half of this fishery indicate that both effort and catch 
are well below preseason expectations. Through June 2, 2021, 850 
Chinook salmon were landed in the area from the U.S./Canada border to 
Queets River (15 percent of the subarea quota), and 22 Chinook salmon 
were landed in the area from Leadbetter Point to Cape Falcon (0.5 
percent of the subarea quota).
    The NMFS West Coast Regional Administrator (RA) considered the 
landings of Chinook salmon in the NOF commercial salmon fishery, 
fishery effort occurring to date as well as anticipated under the 
proposal, quotas set preseason, and the Chinook salmon quota remaining. 
The RA determined that the inseason action described below was 
necessary to increase access to available Chinook salmon quota and meet 
management goals set preseason. The modification of limited retention 
regulations is authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation on this inseason action occurred on June 3, 2021. 
Representatives from NMFS, Washington Department of Fish and Wildlife, 
Oregon Department of Fish and Wildlife, and Council staff participated 
in the consultation.

Inseason Action

Inseason Action #17

    Description of the action: Inseason action #17 increased the 
Chinook salmon landing limit in the May-June non-tribal commercial 
ocean salmon fishery from the U.S./Canada border to Queets River, and 
from Leadbetter Point to Cape Falcon from 75 Chinook salmon per vessel 
per landing week (Thursday through Wednesday) to 100 Chinook salmon per 
vessel per landing week (Thursday through Wednesday).
    Effective dates: Inseason action #17 took effect on Thursday, June 
3, 2021, the first day of the Thursday through Wednesday landing week, 
and remains in effect until superseded. This inseason action was 
announced on NMFS' telephone hotline and U.S. Coast Guard radio 
broadcast on June 3, 2021 (50 CFR 660.411(a)(2)).
    All other restrictions and regulations remain in effect as 
announced for the 2021 ocean salmon fisheries (86 FR 26425, May 14, 
2021).
    The RA determined that this inseason action was 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 
Magnuson-Stevens Fishery Conservation and Management Act (MSA). These 
actions are authorized by 50 CFR 660.409, which was issued pursuant to 
section 304(b) of the MSA, and is exempt from review under Executive 
Order 12866.
    Pursuant to 5 U.S.C. 553(b)(3)(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. 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 (86 FR 26425, May 14, 
2021), the 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: June 24, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-13836 Filed 6-28-21; 8:45 am]
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