[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54407-54409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21390]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210505-0101; RTID 0648-XB377]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Action #26 Through #30

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 five inseason actions in the 2021 ocean salmon 
fisheries. These inseason actions

[[Page 54408]]

modified the recreational and commercial ocean salmon fishery in the 
area from the U.S./Canada border to Cape Falcon, OR.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions 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superseded or modified.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 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 
recreational salmon fishery, as set out under the heading Inseason 
Action.
    Consultation on these inseason actions occurred on August 20, 2021, 
August 26, 2021, and September 2, 2021. Representatives from NMFS, 
Washington Department of Fish and Wildlife (WDFW), Oregon Department of 
Fish and Wildlife (ODFW), and Council staff participated in the 
consultations.
    These inseason actions were 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 #26

    Description of the action: Inseason action #26 modified the bag 
limit in the NOF recreational salmon fishery Queets River to Leadbetter 
Point (Westport subarea), from a two salmon per day bag limit, no more 
than one of which may be a Chinook salmon, to a two salmon per day bag 
limit, beginning at 12:01 a.m. on Friday, August 21, 2021.
    Effective date: Inseason action #26 took effect on August 21, 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 with a bag limit of two salmon per day, no more than one of 
which may be a Chinook salmon (86 FR 26425, May 14, 2021). Modifying 
the bag limit to two salmon is consistent with preseason planning and 
management objectives and provisions of the Pacific Coast Salmon 
Fishery management Plan (FMP) because the measure would provide greater 
fishing opportunity for the public to access the available coho quota 
and Chinook salmon guideline, provide economic benefit to the fishery 
dependent communities, and was not expected to result in reducing 
season length or to exceed the recreational quotas.
    The NMFS West Coast Region Regional Administrator (RA) considered 
the landings of Chinook and coho salmon in the NOF recreational salmon 
fishery, fishery effort that had occurred as well as effort anticipated 
under the proposal, and the recreational Chinook salmon guideline and 
coho quotas remaining. The RA determined that inseason action #26 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 bag limits is authorized by 50 CFR 
660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#26 occurred on August 20, 2021. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #27

    Description of the action: Inseason action #27 closed the NOF 
recreational salmon fishery from Leadbetter Point, WA to Cape Falcon, 
OR (Columbia River subarea) due to anticipated attainment of the quota 
and guideline.
    Effective date: Inseason action #27 took effect at 12:01 a.m., 
August 30, 2021, and remains in effect until superseded.
    Reason and authorization for the action: The purpose of inseason 
action #27 was to avoid exceeding the subarea quota for coho salmon and 
the guideline for Chinook salmon in the Columbia River subarea 
recreational salmon fishery. The NMFS West Coast Region RA considered 
the landings of coho and Chinook salmon in the NOF recreational salmon 
fishery to date, fishery catch and effort to date as well as 
anticipated under the proposal, and the recreational coho salmon quota 
and Chinook salmon guideline remaining in the Columbia River subarea. 
The recreational ocean salmon fishery in the Columbia River subarea 
opened June 19, 2021, with a coho salmon quota of 42,400 and a Chinook 
salmon guideline of 7,200. Through August 22, 34,800 coho salmon (80 
percent of the subarea quota) and 5,547 Chinook salmon (77 percent of 
the subarea guideline) were caught in the Columbia River subarea. 
Projected catch in the Columbia River subarea for the week of August 23 
to August 29 was 8,027 coho salmon and 973 Chinook salmon, which would 
result in a cumulative catch of 99 percent of the subarea coho salmon 
quota and 91 percent of the subarea Chinook salmon guideline. The RA 
determined that inseason action #27 was necessary to avoid exceeding 
the subarea quota and guideline set preseason. The modification of 
recreational fishing season is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#27 occurred on August 26, 2021. Representatives from NMFS, WDFW, and 
ODFW participated in this consultation.

Inseason Action #28

    Description of the action: Inseason action #28 closed the NOF 
recreational salmon fishery from Cape Alava to Queets River (La Push 
subarea) due to anticipated attainment of the coho salmon quota.
    Effective date: Inseason action #28 took effect at 12:01 a.m., 
September 4, 2021, and remains in effect until superseded.
    Reason and authorization for the action: The purpose of inseason 
action #28 was to avoid exceeding the subarea quota for coho salmon in 
the La Push subarea recreational salmon fishery. The NMFS West Coast 
Region RA considered the landings of coho salmon

[[Page 54409]]

in the NOF recreational salmon fishery to date, catch and fishery 
effort to date as well as anticipated under the proposal, and the 
recreational coho salmon quota remaining in the La Push subarea. The 
recreational ocean salmon fishery in the La Push subarea opened June 
19, 2021, with a coho salmon quota of 1,430. Through August 29, 2021, 
1,152 coho salmon were caught in the La Push subarea (81 percent of the 
subarea quota). Projected catch through September 3, 2021 in the La 
Push subarea was 1,334 coho salmon, which would result in a cumulative 
catch of 93 percent of the subarea coho salmon quota. The RA determined 
that inseason action #28 was necessary to avoid exceeding the subarea 
quota set preseason. The modification of recreational fishing season is 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#28 occurred on September 2, 2021. Representatives from NMFS, WDFW, 
ODFW, and Council staff participated in this consultation.

Inseason Action #29

    Description of the action: Inseason action #29 closed the NOF 
recreational salmon fishery from Queets River to Leadbetter Point 
(Westport subarea) due to anticipated attainment of the coho salmon 
quota.
    Effective date: Inseason action #29 took effect at 12:01 a.m., 
September 8, 2021, and remains in effect until superseded.
    Reason and authorization for the action: The purpose of inseason 
action #29 was to avoid exceeding the subarea quota for coho salmon in 
the Westport subarea recreational salmon fishery. The NMFS West Coast 
Region RA considered the landings of coho salmon in the NOF 
recreational salmon fishery to date, catch and fishery effort to date 
as well as anticipated under the proposal, and the recreational coho 
salmon quota remaining in the Westport subarea. The recreational ocean 
salmon fishery in the Westport subarea opened June 19, 2021, with a 
coho salmon quota of 20,440. Through August 29, 2021, 13,942 coho 
salmon (68 percent of the subarea quota) were caught in the Westport 
subarea. Projected catch through September 7, 2021 in the Westport 
subarea was 20,113 coho salmon, which would result in a cumulative 
catch of 98 percent of the subarea coho salmon quota. The RA determined 
that inseason action #29 was necessary to avoid exceeding the subarea 
quota set preseason. The modification of recreational fishing season is 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#29 occurred on September 2, 2021. Representatives from NMFS, WDFW, 
ODFW, and Council staff participated in this consultation.

Inseason Action #30

    Description of the action: Inseason action #30 for the commercial 
salmon troll fishery from the U.S./Canada border to Cape Falcon, OR, 
modified the landing and possession limit from 20 marked coho salmon 
per vessel per landing week (Thursday-Wednesday) to 50 marked coho 
salmon per vessel per landing week (Thursday-Wednesday).
    Effective date: Inseason action #30 took effect at 12:01 a.m. on 
September 3, 2021, and remains in effect until superseded.
    Reason and authorization for the action: The purpose of inseason 
action #30 was to allow greater access to the coho salmon quota in the 
commercial salmon troll fishery and result in increased fishing 
interest and the quota being met prior to the scheduled season ending 
date of September 30, 2021. The RA considered the landed catch of coho 
and Chinook salmon to date and the amount of quota and guideline 
remaining, projected catch under the proposal, and the timing of the 
action relative to the length of the season, and determined that 
inseason action #30 was necessary to meet management goals set 
preseason including fully attaining the coho quota. The modification of 
recreational fishing season is authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#30 occurred on September 2, 2021. Representatives from NMFS, WDFW, 
ODFW, and Council staff 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; 86 FR 48343, August 30, 2021).
    The NMFS West Coast Region RA determined that these inseason 
actions were 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. This action is 
authorized 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)(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: September 28, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-21390 Filed 9-30-21; 8:45 am]
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