[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Rules and Regulations]
[Pages 64082-64084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25102]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210505-0101; RTID 0648-XB472]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #31 Through #32

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 two inseason actions in the 2021 ocean salmon 
fisheries. These inseason actions modified the recreational ocean 
salmon fishery in the area from Cape Falcon, OR to the Oregon/
California border.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions and the actions remain 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effect until superseded or modified.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

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south of Cape Falcon (SOF) (Cape Falcon, OR, to the U.S./Mexico 
border). The actions described in this document affected the SOF 
recreational salmon fishery, as set out under the heading Inseason 
Action.
    Consultation on these inseason actions occurred on September 14, 
2021. Representatives from NMFS, Oregon Department of Fish and Wildlife 
(ODFW), California Department of Fish and Wildlife (CDFW), 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 #31

    Description of the action: Inseason action #31 modified the SOF 
recreational salmon fishery from the Cape Falcon, OR to Humbug 
Mountain, OR. This action increased the non-mark selective coho salmon 
quota in the September recreational salmon fishery from 14,000 to 
20,230 through an impact-neutral rollover of unused quota from the 
June-August mark selective coho salmon recreational fishery in the area 
from Cape Falcon, OR to the Oregon/California border.
    Effective date: Inseason action #31 took effect on September 14, 
2021 and remains in effect until superseded.
    Reason and authorization for the action: Authority for this impact-
neutral rollover of unutilized quota is specified in the 2021 ocean 
salmon regulations (86 FR 26425, May 14, 2021). The SOF June-August 
mark selective coho salmon recreational fishery had a quota of 120,000 
marked coho salmon. Of that quota, 68,276 coho salmon were landed, 
leaving 51,724 coho salmon quota unutilized for the June-August period. 
The Council's Salmon Technical Team (STT) determined that to keep 
fishery impacts on Oregon Coastal natural coho salmon (OCN coho) within 
the level of impacts described in the preseason planning process, due 
to seasonal differences in impact rates to OCN coho salmon, only 6,230 
coho salmon from the unutilized June-August quota could be rolled over 
in an impact-neutral manner. The STT calculated that an impact-neutral 
rollover would add 6,230 coho salmon from the June-August period to the 
September non-selective coho salmon fishery quota of 14,000 for an 
adjusted quota of 20,230 coho salmon. This action did not increase the 
overall 2021 coho salmon quota in the SOF recreational fishery. The 
West Coast Region Regional Administer (RA) considered the landings of 
coho salmon to date, fishery catch and effort to date, the amount of 
quota remaining, and the timing of the action relative to the length of 
the season, and determined that this inseason action was necessary to 
meet management goals set preseason. Inseason action to modify quotas 
and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#31 occurred on September 14, 2021. Representatives from NMFS, CDFW, 
ODFW, and the Council participated in this consultation.

Inseason Action #32

    Description of the action: Inseason action #32 modified the 
recreational fishery open fishing period by increasing the days open 
from Cape Falcon, OR to Humbug Mountain, OR. Effective September 17, 
2021 at 12:01 a.m., the recreational ocean salmon fishery from Cape 
Falcon, OR to Humbug Mountain, OR will be open to fishing seven days 
per week through the earlier of September 30, 2021, or attaining the 
20,230 non-mark selective coho salmon quota.
    Effective date: Inseason #32 took effect on September 17, 2021, and 
remains in effect until superseded.
    Reason and authorization for the action: The purpose of inseason 
#32 was to allow greater access to available non-mark selective coho 
salmon quota in the recreational fishery. Prior to this action, the 
September recreational ocean salmon fishery in the area from Cape 
Falcon, OR to Humbug Mountain, OR was scheduled to be open Friday 
through Sunday through the earlier of September 30, or attaining a 
14,000 non-mark selective coho salmon quota. Inseason action #31, 
above, increased the coho salmon quota in this fishery to 20,230 coho 
salmon. ODFW reviewed the harvest estimates from the open fishing 
period and recommended that adding additional days to the open fishing 
period would provide more fishing opportunity and was unlikely to 
result in early attainment of the non-mark selective coho salmon quota.
    The RA considered coho salmon landings and fishery catch and effort 
to date in the SOF area from Cape Falcon, OR to Humbug Mountain, OR, 
and determined that this inseason action was necessary to meet 
management objectives set preseason. Inseason modification of 
recreational fishing days per calendar week is authorized by 50 CFR 
660.409(b)(1)(i) and (iii).
    Consultation date and participants: Consultation on inseason action 
#32 occurred on September 14, 2021. Representatives from NMFS, CDFW, 
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; 86 FR 48343, August 30, 2021; 86 FR 54407, 
October 1, 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, anticipated 
fishery effort and projected catch, and the other factors and 
considerations set forth in 50 CFR 660.409. 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 
kilohertz.

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 coho salmon abundance, catch, and effort information were 
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 and that fishery participants can take advantage of the 
additional fishing opportunity these changes provide. As previously 
noted, actual notice of the

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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 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: November 12, 2021.
Michael Ruccio,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-25102 Filed 11-16-21; 8:45 am]
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