[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49534-49536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17043]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220510-0113; RTID 0648-XC188]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #16 Through #25

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 ten inseason actions in the 2022 ocean salmon 
fisheries. These inseason actions modify the commercial and 
recreational 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in effect until superseded or modified.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: Shannon Penna at 562-980-4239, Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The 2022 annual management measures for ocean salmon fisheries (87 
FR 29690, May 16, 2022), 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, 2022, until the effective date of the 2023 
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 the NOF 
commercial and recreational salmon fisheries, as set out under the 
heading Inseason Action below.
    Consultations with the Council Chairperson on these inseason 
actions occurred on June 22, 2022, June 28, 2022, June 30, 2022, and 
July 8, 2022. Representatives from NMFS, Washington Department of Fish 
and Wildlife (WDFW), Oregon Department of Fish and Wildlife (ODFW), 
California Department of Fish and Wildlife (CDFW) and Council staff 
participated in these consultations. Members of the Salmon Advisory 
Subpanel and Salmon Technical Team were also present on the calls.
    These inseason actions were announced on NMFS's telephone hotline 
and U.S. Coast Guard radio broadcast on the date of the consultations 
(50 CFR 660.411(a)(2)).

Inseason Actions

Inseason Action #16

    Description of the action: Inseason action #16 modifies the 
recreational salmon fishery from the U.S./Canada border to Cape Alava, 
WA (Neah Bay subarea), from a two salmon per day bag limit to two 
salmon per day, only one of which may be a Chinook salmon, beginning at 
12:01 a.m. on June 24, 2022.
    Effective date: Inseason action #16 took effect on June 24, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: More than 12 percent of 
the Chinook salmon guideline was caught on the first two days of the 
recreational salmon fishery season (June 18-June 19, 2022). Inseason 
action #16 was necessary to reduce Chinook salmon catch to preserve the 
length of the season while avoiding exceedance of the Chinook salmon 
guideline and maximizing catch of the available coho salmon quota.
    The NMFS West Coast Regional Administrator (RA) considered the 
landings of Chinook salmon and fishery effort in the NOF recreational 
salmon fishery occurring to date as well as anticipated under the 
proposal, quotas and guidelines set preseason, and the recreational 
Chinook salmon guideline remaining. The RA determined that this 
inseason was necessary to preserve the available recreational Chinook 
salmon guideline in the Neah Bay subarea in order to meet management 
goals set preseason, including the Pacific Coast Salmon Fishery 
Management Plan's (FMP) goal. The modification of recreational bag 
limits is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action #17

    Description of the action: Inseason action #17 modifies the 
commercial salmon troll fishery north of Cape Falcon previously closed 
from June 15-June 30, 2022. This fishery is now scheduled to re-open on 
June 23, 2022, at 12:01 a.m. through 11:59 p.m. June 29, 2022, with a 
landing and possession limit of 13 Chinook salmon per vessel.
    Effective date: Inseason action #17 took effect on June 23, 2022, 
and remains in effect until June 29, 2022.
    Reason and authorization for the action: The total Chinook salmon 
landings in the area from the U.S./Canada border to Cape Falcon, OR, 
are estimated to be 17,468 Chinook salmon out of the May-June 2022 
quota of 18,000 Chinook salmon leaving a remainder of 532 Chinook 
salmon quota. Inseason action was necessary to allow opportunity to 
catch the remainder of the Chinook salmon quota, while limiting catch 
to ensure that the quota is not exceeded.
    The RA considered the landings of Chinook salmon and fishery effort 
in the NOF commercial salmon fishery occurring to date as well as 
anticipated under the proposal, 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 avoid exceeding 
the subarea quotas set preseason and provide greater fishing 
opportunities. Inseason actions to modify quotas and fishing seasons is 
authorized under 50 CFR 660.409(b)(1)(i) and (iii).

Inseason Action #18

    Description of the action: Retention of halibut caught incidental 
to the commercial salmon troll fishery (U.S./Canada border to the U.S./
Mexico

[[Page 49535]]

border) is extended past June 30, 2022, and remains in effect until 
superseded.
    Effective date: Inseason action #18 took effect on July 1, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: The 2022 salmon management 
measures (87 FR 29690, May 16, 2022) authorize the retention of Pacific 
halibut caught incidental to the commercial salmon troll fishery in 
2022 during April, May, and June, and after June 30, 2022, if quota 
remains and is announced on the NMFS telephone hotline for salmon 
fisheries. The 2022 incidental Pacific halibut quota for the commercial 
salmon troll fishery is 44,599 pounds (head off), leaving 76.1 percent 
of the quota unharvested as of June 28, 2022.
    The RA considered the landed catch of Pacific halibut to date and 
the amount of quota remaining, and determined that this inseason action 
was necessary to meet management goals set preseason for catch sharing 
of halibut. Inseason modification of the species that may be caught and 
landed during specific seasons is authorized by 50 CFR 
660.409(b)(1)(ii).

Inseason Action #19

    Description of the action: Inseason action #19 modifies the Chinook 
salmon landing and possession limit for the commercial salmon troll 
fishery across the entire north of Cape Falcon area, regardless of 
subarea, to: 50 Chinook salmon per vessel starting 12:01 a.m. July 1 
through 11:59 p.m. July 6, 2022; and 40 Chinook salmon per vessel per 
landing week (Thursday through Wednesday) starting 12:01 a.m. July 7, 
2022.
    Effective date: Inseason action #19 took effect on July 1, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: This action was taken to 
extend the season length and allow access to the Chinook and coho 
salmon quota. The RA considered the landings of Chinook and 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 avoid 
exceeding the subarea quotas set preseason and provide greater fishing 
opportunities to access the available quotas. Inseason actions to 
modify limited retention regulations is authorized under 50 CFR 
660.409(b)(1)(ii).

Inseason Action #20

    Description of the action: Inseason action #20 modifies the north 
of Cape Falcon recreational salmon fishery from Cape Alava, WA to the 
Queets River (La Push subarea), from a two salmon per day bag limit to 
two salmon per day, only one of which may be a Chinook salmon, 
beginning at 12:01 a.m. on Monday, July 4, 2022.
    Effective date: Inseason action #20 took effect on July 4, 2022, 
and remains in effect until September 30, 2022.
    Reason and authorization for the action: The cumulative salmon 
landings for the week of June 20 through June 26, 2022, in the area 
from Cape Alava, WA to the Queets River (La Push subarea), were 15 
Chinook salmon of a 1,120 Chinook salmon guideline and 44 coho salmon 
of a 4,270 quota. The modification of bag limits was necessary to slow 
the Chinook salmon catch rates, push effort towards the ocean where 
catch rates of Chinook were lower, in order to maintain the season 
length in the La Push subarea.
    The RA considered the landings of Chinook and 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 avoid exceeding 
the subarea quotas and guidelines set preseason and provide greater 
fishing opportunities. The modification of recreational bag limits is 
authorized under 50 CFR 660.409(b)(1)(iii).

Inseason Action #21

    Description of the action: Inseason action #21 modifies the north 
of Cape Falcon recreational salmon fishery from the U.S/Canada border 
to Cape Alava, WA (Neah Bay subarea) east of the Bonilla-Tatoosh line; 
beginning at 12:01 a.m. on Saturday, July 2, 2022, the fishery is 
closed.
    Effective date: Inseason action #21 took effect on July 2, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: Suspending salmon fishing 
will preserve the Chinook salmon quota and may allow reopening the area 
later in the season when more coho salmon are expected to be present. 
The RA considered the landings of Chinook and coho salmon to date, 
fishery catch and effort to date, projected catch and effort against 
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 avoid exceeding the subarea quotas and guidelines set 
preseason and to sustain fishing opportunities in the area. The 
modification of recreational season is authorized under 50 CFR 
660.409(b)(1)(i).

Inseason Action #22

    Description of the action: Inseason action #22 modifies the north 
of Cape Falcon recreational salmon fishery from the U.S./Canada border 
to Cape Alava, WA (Neah Bay subarea); beginning at 12:01 a.m. on 
Tuesday, July 5, 2022, the fishery is closed.
    Effective date: Inseason action #22 took effect on July 2, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: Suspending salmon fishing 
will preserve Chinook salmon quota and allow reopening the area later 
in the season when more coho salmon are expected to be present. The RA 
considered the landings of Chinook and 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 avoid exceeding the subarea 
quotas and guidelines set preseason and provide fishing opportunities 
later in the season. The modification of recreational season is 
authorized under 50 CFR 660.409(b)(1)(i).

Inseason Action #23

    Description of the action: Inseason #23 modifies the commercial 
salmon troll fishery from Humbug Mountain, OR, to the Oregon/California 
border (Oregon Klamath Management Zone (KMZ)). The July 2022 quota 
increased from 400 Chinook salmon to 687 Chinook salmon through an 
impact-neutral rollover of unused quota from the June 2022 commercial 
salmon troll fishery in the same area.
    Effective date: Inseason action #23 took effect on July 8, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: Authority for this impact-
neutral rollover of uncaught quota is specified in the 2022 ocean 
salmon regulations (87 FR 29690, May 16, 2022). The June commercial 
salmon fishery had a quota of 800 Chinook salmon. Of that quota, 390 
Chinook salmon were landed, leaving 410 Chinook salmon quota available 
to rollover to the July fishery. The Council's Salmon Technical Team 
calculated that the impact-neutral rollover of the remaining quota 
would add 287 Chinook salmon to the July quota for an adjusted quota of 
687 Chinook salmon.
    The RA considered the landings of Chinook salmon in the SOF 
commercial salmon fishery, fishery effort occurring to date, quotas set 
preseason, and the STT's calculations for the impact-neutral quota 
rollover. The RA

[[Page 49536]]

determined that this inseason action was necessary to provide access to 
available Chinook salmon quota and meet management goals set preseason. 
The modification of quotas is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action #24

    Description of the action: Inseason #24 modifies the north of Cape 
Falcon recreational salmon fishery from the U.S./Canada border to Cape 
Alava, WA, (Neah Bay subarea) west of the Bonilla-Tatoosh line; the 
fishery is now scheduled to reopen starting at 12:01 a.m. on Monday, 
July 25, 2022, through 11:59 p.m. September 30, 2022. The season will 
open with a daily bag limit of 2 salmon, no more than 1 of which may be 
a Chinook salmon. Beginning August 1, 2022, all retained coho salmon 
must be marked with a healed adipose fin clip, and retention of chum 
salmon is prohibited. All other provisions remain as described in the 
pre-season regulations for this portion of the subarea.
    Effective date: Inseason action #24 took effect on July 25, 2022, 
and remains in effect until September 30, 2022.
    Reason and authorization for the action: The catch quotas for 
recreational fisheries north of Cape falcon are 27,000 Chinook salmon 
and 168,000 marked coho salmon, with a Chinook salmon guideline of 
6,110 and coho salmon quota of 17,470 in the Neah Bay subarea. 
Sufficient quota remains to reopen the area from the U.S./Canada border 
to Cape Alava, WA, (Neah Bay subarea) west of the Bonilla-Tatoosh line 
(Neah Bay subarea) to fishing.
    The RA considered the landings of Chinook 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 avoid exceeding the subarea 
quotas set preseason and provide greater fishing opportunities later in 
the season when Chinook catch rates were anticipated to stabilize. 
Inseason actions to modify bag limits and fishing seasons is authorized 
under 50 CFR 660.409(b)(1)(i) and (iii).

Inseason Action #25

    Description of the action: Inseason #25 modifies the north of Cape 
Falcon recreational salmon fishery from the U.S./Canada border the Cape 
Alava, WA (Neah Bay subarea) east of the Bonilla-Tatoosh line; the 
fishery is scheduled to reopen starting at 12:01 a.m. on Monday, August 
1, 2022, through 11:59 p.m. September 30, 2022. The season will open 
with a daily bag limit of 2 salmon. All retained coho salmon must be 
marked with a healed adipose fin clip. Retention of Chinook salmon and 
chum salmon is prohibited. All other provisions remain as described in 
pre-season regulations for this portion of the subarea.
    Effective date: Inseason action #25 takes effect on August 1, 2022, 
and remains in effect until September 30, 2022.
    Reason and authorization for the action: The catch quotas for 
recreational fisheries north of Cape falcon are 27,000 Chinook salmon 
and 168,000 marked coho salmon, with a subarea Chinook salmon guideline 
of 6,110 and coho salmon quota of 17,470. Sufficient quota is 
anticipated to remain to reopen the area from the U.S./Canada border to 
Cape Alava, WA, (Neah Bay subarea) east of the Bonilla-Tatoosh line 
(Neah Bay subarea) to fishing.
    The RA considered the landings of Chinook 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 avoid exceeding the subarea 
quotas set preseason and provide greater fishing opportunities. 
Inseason actions to modify bag limits and fishing seasons is authorized 
under 50 CFR 660.409(b)(1)(i) and (ii).
    All other restrictions and regulations remain in effect as 
announced for the 2022 ocean salmon fisheries (87 FR 29690, May 16, 
2022), as modified by previous inseason action (87 FR 41260, July 12, 
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 
Magnuson-Stevens Fishery Conservation and Management Act (MSA). These 
actions are authorized by 50 CFR 660.409, which was issued pursuant to 
section 304(b) of the MSA, and are 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 (87 FR 29690, May 16, 2022), 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: August 3, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-17043 Filed 8-10-22; 8:45 am]
BILLING CODE 3510-22-P