[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Rules and Regulations]
[Pages 71583-71585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27392]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[RTID 0648-XB534]


Fraser River Pink Salmon Fisheries; Inseason Orders

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

ACTION: Temporary rule; inseason orders.

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SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate 
tribal treaty (treaty Indian) and non-tribal (all citizen) commercial 
salmon fisheries in U.S. waters. The orders were issued by the Fraser 
River Panel (Panel) of the Pacific Salmon Commission (Commission) and 
subsequently approved and issued by NMFS during 2021 for pink salmon 
fisheries within the U.S. Fraser River Panel Area. These orders 
established fishing dates, times, and areas for the gear types of U.S. 
treaty Indian and all citizen commercial fisheries during the period 
the Panel exercised jurisdiction over these fisheries.

DATES: The effective dates for the inseason orders are set out in this 
document under the heading Inseason Orders.

FOR FURTHER INFORMATION CONTACT: Anthony Siniscal at 971-322-8407, 
Email: [email protected].

SUPPLEMENTARY INFORMATION: The Treaty between the Government of the 
United States of America and the Government of Canada concerning 
Pacific salmon was signed at Ottawa on January 28, 1985, and 
subsequently was given effect in the United States by the Pacific 
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
    Under authority of the Act, Federal regulations at 50 CFR part 300, 
subpart F, provide a framework for the implementation of certain 
regulations of the Commission and inseason orders of the Commission's 
Panel for U.S. sockeye and pink salmon fisheries in the Fraser River 
Panel Area.
    The regulations close the U.S. portion of the Panel Area to U.S. 
sockeye and pink salmon tribal and non-tribal commercial fishing unless 
opened by Panel regulations that are given effect by inseason orders 
issued by NMFS (50 CFR 300.94(a)(1)). During the fishing season, NMFS 
may issue inseason orders that establish fishing times and

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areas consistent with the Commission agreements and regulations of the 
Panel. Such orders must be consistent with domestic legal obligations 
and are issued by the Regional Administrator, West Coast Region, NMFS. 
Official notification of these inseason actions is provided by two 
telephone hotline numbers described at 50 CFR 300.97(b)(1) and in 84 FR 
19729 (May 6, 2019). The inseason orders are published in the Federal 
Register as soon as practicable after they are issued. Due to the 
frequency with which inseason orders are issued, publication of 
individual orders is impractical.

Inseason Orders

    NMFS issued the following inseason orders for U.S. fisheries within 
Panel Area waters during the 2021 fishing season, consistent with the 
orders adopted by the Panel. Each of the following inseason actions was 
effective upon announcement on telephone hotline numbers as specified 
at 50 CFR 300.97(b)(1) and in 86 FR 26425 (May 16, 2021); those dates 
and times are listed herein. The times listed are local times, and the 
areas designated are Puget Sound Management and Catch Reporting Areas 
as defined in the Washington State Administrative Code at Chapter 220-
22.

Fraser River Panel Order Number 2021-01: Issued 2 p.m., August 20, 2021

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m. 
(noon), Saturday, August 21, 2021, through 12 p.m. (noon), Wednesday, 
August 24, 2021. Sockeye non-retention, all efforts must be made to 
release sockeye alive.
All Citizen Fishery
    Areas 7 and 7A: Open to reef net fishing, with non-retention of 
sockeye, from 5 a.m. to 9 p.m. Monday, August 23, 2021.

Fraser River Panel Order Number 2021-02: Issued 2 p.m., August 24, 2021

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, August 25, 2021, through 12 p.m. (noon), Saturday, 
August 28, 2021. Sockeye non-retention, all efforts must be made to 
release sockeye alive.
All Citizen Fishery
    Areas 7 and 7A, excluding the Apex: Open to purse seine fishing, 
from 5 a.m. to 9 p.m., Friday, August 27, 2021. Sockeye non-retention.
    Areas 7 and 7A, excluding the Apex: Open to drift gillnet fishing, 
from 8 a.m. to 11:59 p.m., Friday, August 27, 2021. Sockeye non-
retention.
    The Apex is defined as those waters north and west of the Area 7A 
``Iwersen Dock Line''. The Iwersen Dock Line is the line projected from 
Iwersen Dock on Point Roberts to the Georgina Point light at the 
entrance to Active Pass in the Province of British Columbia.

Fraser River Panel Order Number 2021-03: Issued 3:30 p.m., August 27, 
2021

Treaty Indian Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Saturday, August 28, 2021, through 12 p.m. (noon), Wednesday, 
September 1, 2021. Release sockeye.
    Areas 6, 7, and 7A in the area southerly and easterly of a straight 
line drawn from Iwersen's dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the Province of British Columbia: Open for net fishing from 5 a.m., 
Sunday, August 29, 2021, through 9 a.m., Monday, August 30, 2021. 
Release sockeye.
All Citizen Fishery
    Areas 7 and 7A in the area southerly and easterly of a straight 
line drawn from Iwersen's dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the Province of British Columbia: Open to purse seine fishing, with 
non-retention of sockeye, from 5 a.m. to 9 p.m. Tuesday, August 31, 
2021.
    Areas 7 and 7A in the area southerly and easterly of a straight 
line drawn from Iwersen's dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the Province of British Columbia: Open to drift gillnet fishing, 
with non-retention of sockeye, from 8 a.m. to 11:59 p.m., Tuesday, 
August 31, 2021.
    Area 7: Open to reef net fishing, with non-retention of sockeye, 
from 5 a.m. to 9 p.m., Tuesday, August 31, 2021.

Fraser River Panel Order Number 2021-04: Issued 3:15 p.m., August 30, 
2021

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, September 1, 2021, through 12 p.m. (noon), Saturday, 
September 4, 2021. Sockeye non-retention, all efforts must be made to 
release sockeye alive.
    Areas 6, 7, and 7A in the area southerly and easterly of a straight 
line drawn from the Iwersen Dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the Province of British Columbia: Open for net fishing from 5 a.m., 
Tuesday, August 31, 2021, through 9 a.m., Thursday, September 2, 2021. 
Sockeye non-retention, all efforts must be made to release sockeye 
alive.
All Citizen Fishery
    Areas 7 and 7A in the area southerly and easterly of a straight 
line drawn from the Iwersen Dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the Province of British Columbia: Open to purse seine fishing, with 
non-retention of sockeye, from 5 a.m. to 9 p.m., Wednesday, September 
1, 2021.
    Areas 7 and 7A in the area southerly and easterly of a straight 
line drawn from the Iwersen Dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the Province of British Columbia: Open to drift gillnet fishing, 
with non-retention of sockeye, from 8 a.m. to 11:59 p.m., Wednesday, 
September 1, 2021.
    Area 7: Open to reef net fishing, with non-retention of sockeye, 
from 5 a.m. to 9 p.m., Wednesday, September 1, 2021.

Fraser River Panel Order Number 2021-05: Issued 2 p.m., September 3, 
2021

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Saturday, September 4, 2021, through 12 p.m. (noon), Tuesday, 
September 7, 2021. Sockeye non-retention, all efforts must be made to 
release sockeye alive.
    Areas 6, 7, and 7A in the area southerly and easterly of a straight 
line drawn from the Iwersen Dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the Province of British Columbia: Open for net fishing from 5 a.m., 
Saturday, September 4, 2021, through 9 a.m., Tuesday, September 7, 
2021. Sockeye non-retention, all efforts must be made to release 
sockeye alive.

Fraser River Panel Order Number 2021-06: Issued 2 p.m., September 7, 
2021

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, September 8, 2021, through 12 p.m. (noon), Friday, 
September 10, 2021. Sockeye non-retention, all efforts must be made to 
release sockeye alive.
    Areas 6, 7, and 7A in the area southerly and easterly of a straight 
line drawn from the Iwersen Dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the Province of British

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Columbia: Open for net fishing from 5 a.m., Wednesday, September 8, 
2021, through 9 a.m., Friday, September 10, 2021. Sockeye non-
retention, all efforts must be made to release sockeye alive.

Fraser River Panel Order Number 2021-07: Issued 2 p.m., September 10, 
2021

Treaty Indian Fisheries
    Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m. 
(noon), Saturday, September 11, 2021, through 12 p.m. (noon), Monday, 
September 13, 2021. Sockeye non-retention, all efforts must be made to 
release sockeye alive.
    Areas 6, 7, and 7A in the area southerly and easterly of a straight 
line drawn from the Iwersen Dock on Point Roberts in the State of 
Washington to the Georgina Point Light at the entrance to Active Pass 
in the Province of British Columbia: Open for net fishing from 5 a.m., 
Saturday, September 11, 2021, through 9 a.m., Monday, September 13, 
2021. Sockeye non-retention, all efforts must be made to release 
sockeye alive.
All Citizen Fishery
    Area 7: Open to reef net fishing, with non-retention of sockeye, 
from 5 a.m. to 9 p.m., Saturday, September 11, 2021 and 5 a.m. to 9 
p.m., Sunday, September 12, 2021.

Fraser River Panel Order Number 2021-08: Issued 4:45 p.m., September 
13, 2021

All Citizen Fishery
    Area 7: Open to reef net fishing, with non-retention of sockeye, 
from 5 a.m. to 9 p.m., Tuesday, September 14, 2021, 5 a.m. to 9 p.m., 
Wednesday, September 15, 2021, 5 a.m. to 9 p.m., Thursday, September 
16, 2021, and 5 a.m. to 9 p.m., Friday, September 17, 2021.

Fraser River Panel Order Number 2021-09: Issued 12 p.m., September 17, 
2021

Treaty Indian and All Citizen Fisheries
    Areas 6, 6A, and 7: Relinquish regulatory control effective 11:59 
p.m., Saturday, September 18, 2021.

Classification

    The Assistant Administrator for Fisheries NOAA (AA), finds that 
good cause exists for the inseason orders to be issued without 
affording the public prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is 
impracticable and contrary to the public interest. Prior notice and 
opportunity for public comment is impracticable because NMFS has 
insufficient time to allow for prior notice and opportunity for public 
comment between the time the stock abundance information is available 
to determine how much fishing can be allowed and the time the fishery 
must open and close in order to harvest the appropriate amount of fish 
while they are available.
    The AA also finds good cause to waive the 30-day delay in the 
effective date, required under 5 U.S.C. 553(d)(3), of the inseason 
orders. A delay in the effective date of the inseason orders would not 
allow fishers appropriately controlled access to the available fish at 
that time they are available.
    This action is authorized by 50 CFR 300.97, and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 3636(b).

    Dated: December 14, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-27392 Filed 12-16-21; 8:45 am]
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