[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Rules and Regulations]
[Pages 48343-48344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18566]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210505-0101; RTID 0648-XB310]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Action #25

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 one inseason action in the 2021 ocean salmon 
fisheries. This inseason action modified the fishing days per calendar 
week in the recreational ocean salmon fishery in the area from Queets 
River, WA, to Leadbetter Point, WA (Westport subarea).

DATES: This inseason action became applicable on August 6, 2021, and 
remains in effect until superseded or modified.

FOR FURTHER INFORMATION CONTACT: Shannon Penna at 562-676-2148, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The 2021 annual management measures for ocean salmon fisheries (86 
FR 26425, May 14, 2021), 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 action described in this document affected the 
NOF recreational salmon fishery, as set out under the heading Inseason 
Action.
    Consultation on this inseason action occurred on August 3, 2021. 
Representatives from NMFS, Washington Department of Fish and Wildlife 
(WDFW), Oregon Department of Fish and Wildlife (ODFW), and Council 
staff participated in the consultation.
    This inseason action was announced on NMFS' telephone hotline and 
U.S. Coast Guard radio broadcast on the date of the consultations (50 
CFR 660.411(a)(2)).

Inseason Action

Inseason Action #25

    Description of the action: Inseason action #25 modified the fishing 
days per calendar week in the NOF recreational salmon fishery in the 
Westport subarea from five days per week (Sunday through Thursday) to 
seven days per week, beginning at 12:01 a.m. on Friday, August 6, 2021.
    Effective date: Inseason action #25 took effect on August 6, 2021, 
and remains in effect until superseded.
    Reason and authorization for the action: The 2021 management 
measures opened the recreational ocean salmon fishery in the Westport 
subarea seven days per week between June 19-26, 2021, and five days per 
week (Sunday through Thursday) between June 27-September 15, 2021 (86 
FR 26425, May 14, 2021). The intent of limiting the fishing days per 
calendar week starting June 27, 2021, was to sustain season length. 
However, in the first six weeks of recreational fishing in the Westport 
subarea, June 19 through July 25 and with just over a month left in the 
season, only 9 percent of the subarea's coho salmon quota and 31 
percent of the subarea's Chinook salmon guideline were landed. 
Consistent with preseason planning and management objectives, inseason 
action #25 was taken to provide greater fishing opportunity for the 
public to access the available coho salmon quota and Chinook salmon 
guideline and to provide economic benefit to the fishery dependent 
community. Based on landings to date, anticipated fishing effort, and 
projected catch, this action is not expected to result in reducing 
season length.
    The NMFS West Coast Region Regional Administrator (RA) considered 
the landings of Chinook and coho salmon in the NOF recreational salmon 
fishery to date, fishery effort to date as well as anticipated under 
the proposal,

[[Page 48344]]

and the recreational Chinook salmon guideline and coho salmon quotas 
remaining. The RA determined that inseason action #25 was necessary to 
meet preseason planning and management objectives to allow access to 
available salmon quota and support the economy of fishery dependent 
communities while remaining consistent with the applicable salmon 
management and conservation objectives. The modification of 
recreational fishing days per calendar week is authorized by 50 CFR 
660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#25 occurred on August 3, 2021. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.
    All other restrictions and regulations remain in effect as 
announced for the 2021 ocean salmon fisheries (86 FR 26425, May 14, 
2021), as modified by previous inseason action (86 FR 34161, June 29, 
2021; 86 FR 37249, July 15, 2021; 86 FR 40182, July 28, 2021; 86 FR 
43967, August 11, 2021).
    The NMFS West Coast Region RA determined that this inseason action 
was warranted based on the best available information on Pacific salmon 
abundance forecasts, landings to date, and anticipated fishery effort 
and projected catch. The states manage the fisheries in state waters 
adjacent to the areas of the U.S. exclusive economic zone (3-200 
nautical miles (5.6-370.4 kilometers) off the coasts of the states of 
Washington, Oregon, and California) 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 this action pursuant to section 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA). This action is 
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 this action, as 
notice and comment would be impracticable and contrary to the public 
interest. Prior notice and opportunity for public comment on this 
action was impracticable because NMFS had insufficient time to provide 
for prior notice and the opportunity for public comment between the 
time Chinook and coho 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 scientific information 
available. 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 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 this action 
would restrict fishing at levels inconsistent with the goals of the FMP 
and the current management measures.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 24, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-18566 Filed 8-27-21; 8:45 am]
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