[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Rules and Regulations]
[Pages 24882-24883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08887]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210505-0101; RTID 0648-XB912]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #1 and #2

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

ACTION: Inseason modification of 2022 management measures.

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SUMMARY: NMFS announces two inseason actions in the 2022 ocean salmon 
fisheries. These inseason actions modify the commercial and 
recreational ocean salmon fisheries in the area from Cape Falcon, OR, 
to Point Arena, CA.

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effect until superseded or modified.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 south of Cape Falcon (SOF) (Cape Falcon, OR, to the U.S./
Mexico border). The actions described in this document affect only the 
SOF recreational salmon fishery, as set out under the heading Inseason 
Action below.
    Consultation on these inseason actions occurred on March 11, 2022, 
and March 14, 2022. Representatives from NMFS, Oregon Department of 
Fish and Wildlife (ODFW), California Department of Fish and Wildlife 
(CDFW), and Council staff participated in the consultations. The 
Council may consider further inseason action at its April 6-13, 2022, 
meeting.
    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 Actions

    At its March 8-14, 2022, meeting, the Council's Salmon Technical 
Team (STT) presented updated stock abundance forecasts for salmon 
stocks managed under the Pacific Coast Salmon Fishery Management Plan 
(FMP). Based on the STT's report, SOF ocean salmon fisheries will be 
constrained in 2022 by the abundance forecast for Klamath River fall-
run Chinook salmon (KRFC), which was determined to be overfished under 
the Magnuson-Stevens Fishery Conservation and Management Act (MSA) in 
2018. The forecast of potential spawner abundance is derived from the 
ocean abundance forecasts, ocean natural mortality rates, age-specific 
maturation rates, stray rates, and the proportion of escapement 
expected to spawn in natural areas.

Inseason Action #1

    Description of the action: Inseason action #1 modifies the SOF 
commercial salmon fishery from the Heceta Bank Line (latitude 
43[deg]58'00'' N), OR, to Humbug Mountain, OR, previously scheduled to 
open on March 15. This fishery is closed through April 30, 2022. This 
area is scheduled to re-open to commercial troll fishing on May 1, 
2022.
    Effective date: Inseason action #1 took effect on March 15, 2021, 
and remains in effect until superseded.
    Reason and authorization for the action: NMFS is taking inseason 
action in the commercial salmon fisheries to manage and conserve SOF 
ocean salmon fishery impacts on KRFC and to provide additional fishing 
opportunity in adjacent areas. In Oregon, this inseason action takes 
place in the area from Cape Falcon to Humbug Mountain at the Heceta 
Bank Line, which is the port area analysis boundary used by the STT. 
This allows for finer-scale management of fisheries in the Northern 
Oregon (NO) (Cape Falcon to Heceta Bank Line) and Central Oregon (CO) 
(Heceta Bank Line to Humbug Mountain) port areas. The NO and CO port 
area impacts are analyzed separately by the STT and the environmental 
assessment prepared under the National Environmental Policy Act (NEPA) 
Final Environmental Assessment for 2021 Ocean Salmon Fisheries 
Management Measures (https://www.fisheries.noaa.gov/action/fisheries-west-coast-states-west-coast-salmon-fisheries-2021-management-measures) 
and have different impacts on salmon stocks; e.g., the NO port area has 
lower impacts on KRFC than the CO port area.
    The West Coast Region Regional Administer (RA) considered the 
landings of Chinook salmon to date, fishery catch and effort to date, 
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 
#1 occurred on March 11, 2022. Representatives from NMFS, CDFW, ODFW, 
and the Council participated in this consultation.

[[Page 24883]]

Inseason Action #2

    Description of the action: Inseason action #2 modifies the ocean 
salmon recreational fishery from latitude 40[deg]10' N to Point Arena, 
CA, previously scheduled to open on April 2, 2022. This fishery is 
closed through April 30, 2022.This area is schedule to re-open for 
recreational fishing on May 1, 2022.
    Effective date: Inseason #2 took effect on March 14, 2022, and 
remains in effect until superseded.
    Reason and authorization for the action: NMFS is taking inseason 
action in the recreational salmon fisheries to manage and conserve SOF 
ocean salmon fishery impacts on KRFC and to provide additional fishing 
opportunity in adjacent areas. This modification is needed to attain 
escapement goals and conservation objectives given 2022 preseason 
forecasts previously mentioned.
    The RA considered Chinook salmon landings and fishery catch and 
effort to date in the SOF area from latitude 40[deg]10' N to Point 
Arena, CA, and determined that this inseason action was necessary to 
meet management objectives 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 
#2 occurred on March 14, 2022. 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; 86 FR 64082, November 17, 2021).
    The 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 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 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 regulatory actions was provided to fishers 
through telephone hotline and radio notification. These actions comply 
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: April 21, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-08887 Filed 4-26-22; 8:45 am]
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