[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Rules and Regulations]
[Pages 30430-30432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10597]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210505-0101; RTID 0648-XB996]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #3 Through #11

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 nine inseason actions in the 2021 ocean salmon 
fisheries. These inseason actions modify the commercial ocean salmon 
fisheries in the area from the U.S./Canada border to the U.S./Mexico 
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effect until superseded or modified.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: Dana Preedeedilok at 562-980-4019, 
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./

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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 both the NOF and SOF commercial salmon fishery, as set 
out under the heading Inseason Action below.
    Consultations with the Council Chairperson on these inseason 
actions occurred on April 11, 2022, and April 22, 2022. Representatives 
from NMFS, Oregon Department of Fish and Wildlife (ODFW), California 
Department of Fish and Wildlife (CDFW), and Council staff participated 
in the consultation on April 11, 2022. Representatives from NMFS, 
Washington Department of Fish and Wildlife (WDFW), ODFW, and Council 
staff participated in the consultation on April 22, 2022.
    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

Reason and Authorization for Inseason Actions #3-#9

    The fisheries affected by the inseason actions described below were 
authorized in the final rule for 2021 annual management measures for 
ocean salmon fisheries (86 FR 26425, May 14, 2021). At its April 7-13, 
2022, meeting, the Council finalized development of its recommended 
2022 ocean salmon management measures. Based on the Salmon Technical 
Team (STT) 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 by NMFS in 2018 to be overfished 
under the Magnuson-Stevens Fishery Conservation and Management Act 
(MSA), and the natural component of the lower Columbia River fall-run 
Chinook salmon species. 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. To reduce the impacts 
on KRFC, NMFS took seven inseason actions concurrent with the April 
Council meeting to restrict some fisheries that were previously 
scheduled to open prior to May 16, 2022 (86 FR 26425, May 14, 2021).
    The NMFS West Coast Regional Administrator (RA) considered the 
abundance forecasts for Chinook salmon stocks and the impacts on the 
ocean salmon fisheries, as modeled by the STT, and determined that the 
inseason actions, described below, were necessary to meet management 
and conservations goals set preseason. These inseason actions modify 
fishing seasons under 50 CFR 660.409(b)(1)(i).

Inseason Action #3

    Description of the action: Inseason action #3 modifies the 
commercial ocean salmon fishery from Cape Falcon, OR, to the Heceta 
Bank Line, OR (latitude 43[deg]58'00'' N). This fishery, which did not 
have a closing date in the 2021 management measures, will close at 
11:59 p.m. on May 15, 2022.
    Effective date: Inseason action #3 took effect on April 11, 2022, 
and remains in effect until superseded.

Inseason Action #4

    Description of the action: Inseason action #4 modifies the 
commercial salmon troll fishery in the area from the Heceta Bank Line, 
OR, to Humbug Mountain, OR. This action supersedes inseason action #1 
(87 FR 24882, April 27, 2022). Under inseason action #4, this fishery, 
which opened at 12:01 a.m., May 1, 2022, closes at 11:59 p.m., May 15, 
2022.
    Effective date: Inseason action #4 took effect on April 11, 2022, 
and remains in effect until superseded.

Inseason Action #5

    Description of the action: Inseason action #5 modifies the 
commercial salmon troll fishery in the area from Humbug Mountain, OR to 
the Oregon/California border (Oregon Klamath Management Zone). This 
fishery, which did not have a closing date in the 2021 management 
measures, closes at 11:59 p.m. on April 30, 2022.
    Effective date: Inseason action #5 took effect on April 11, 2022, 
and remains in effect until superseded.

Inseason Action #6

    Description of the action: Inseason action #6 modified the 
commercial ocean salmon fishery from the Oregon/California border to 
Humboldt South Jetty. This fishery, which was previously scheduled to 
open May 1, 2022, is closed.
    Effective date: Inseason action #6 took effect on April 11, 2022, 
and remains in effect until superseded.

Inseason Action #7

    Description of the action: Inseason action #7 modifies the 
commercial ocean salmon fishery from the area between latitude 
40[deg]10' N and Point Arena, CA (Fort Bragg management area). This 
fishery, which was previously scheduled to open April 16, 2022, is 
closed.
    Effective date: Inseason action #7 took effect on April 11, 2022, 
and remains in effect until superseded.

Inseason Action #8

    Description of the action: Inseason action #8 modifies the 
commercial ocean salmon fishery in the area from Point Arena, CA, to 
Pigeon Point, CA (San Francisco management area). This fishery, which 
was previously scheduled to open May 1, 2022, is closed.
    Effective date: Inseason action #8 took effect on April 11, 2022, 
and remains in effect until superseded.

Inseason Action #9

    Description of the action: Inseason action #9 modifies the 
commercial ocean salmon fishery in the area from Pigeon Point, CA, to 
the U.S./Mexico Border (Monterey management area), which was previously 
scheduled to open May 1, 2022, with no closing date. This fishery is 
now scheduled to open May 1-5, 2022, and May 10-15, 2022. All fish 
caught in this area must be landed within 24 hours of any closure of 
the fishery and must be landed south of Point Arena, CA.
    Effective date: Inseason action #9 took effect on April 11, 2022, 
and remains in effect until superseded.

Reason and Authorization for Inseason Actions #10-#11

    The 2021 annual management measures for ocean salmon fisheries (86 
FR 26425, May 14, 2021) established a May-June commercial salmon 
fishery that included NOF subarea quotas that were based on information 
available at the time the 2021 management measures were adopted. The 
2021 management measures allow for inseason action to adjust fisheries 
scheduled to occur from March 15, 2022, through May 15, 2022, in 
response to new information on salmon stock abundance forecasts and 
northern salmon fisheries impacts, to keep fisheries impacts within 
management objectives and consistent with conservation needs.
    Improved salmon stock forecasts in 2022 will provide NOF salmon 
fisheries with more total allowable catch (TAC) than in 2021. The 
Council has adopted and transmitted to NMFS its recommended 2022 
management measures which take into account this new information. The 
increased TAC provides for higher quotas and landing limits in the May-
June commercial salmon fishery NOF in 2022 than in 2021.
    The RA considered the abundance forecasts for Chinook salmon stocks 
and the impacts on the ocean salmon

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fisheries, as modeled by the STT, and determined that the inseason 
actions, described below, were necessary to meet management and 
conservations goals set preseason. These inseason actions modify 
fishing quotas and limited retention regulations authorized under 50 
CFR 660.409(b)(1)(i) and (ii).

Inseason Action #10

    Description of the action: Inseason action #10 modifies the quota 
and subarea catch limits for the commercial salmon troll fishery from 
the U.S./Canada border to Cape Falcon, OR. Salmon caught in the NOF 
commercial salmon fisheries, May 1-15, 2022, will count against the 
overall 2022 May-June NOF and subarea quotas. The May-June NOF 
commercial salmon fishery quota is increased from 15,375 Chinook salmon 
set in 2021, to 18,000 Chinook salmon in 2022, no more than 6,040 of 
which may be caught in the area between the U.S/Canada border and the 
Queets River, and no more than 4,840 of which may be caught in the area 
between Leadbetter Point and Cape Falcon.
    Effective date: Inseason action #10 took effect on April 22, 2022, 
and remains in effect until superseded.

Inseason Action #11

    Description of the action: Inseason action #11 modifies the Chinook 
salmon landing and possession limit for the commercial ocean salmon 
troll fishery that opens May 1, 2022, from the U.S/Canada border to 
Queets River and from Leadbetter Point to Cape Falcon from 75 Chinook 
salmon per vessel per week (Thursday through Wednesday) to 80 Chinook 
salmon per vessel per landing week (Thursday through Wednesday).
    Effective date: Inseason action #11 took effect on April 22, 2022, 
and remains in effect until superseded.
    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; 87 FR 24882, April 27, 
2022).
    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 these actions pursuant to section 305(d) of the MSA. 
These actions are 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: May 12, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-10597 Filed 5-18-22; 8:45 am]
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