[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Rules and Regulations]
[Pages 52353-52356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18344]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220510-0113; RTID 0648-XC210]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #26 Through #33

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 eight inseason actions in the 2022 ocean salmon 
fisheries. These inseason actions modify the recreational, commercial, 
and treaty Indian salmon fisheries in the area from the U.S./Canada 
border to Cape Falcon, Oregon.

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effect until superseded or modified.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

[[Page 52354]]

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 July 13, 2022, and July 19, 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 (STT) were also present on the calls.
    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

Inseason Action #26

    Description of the action: Inseason action #26 modifies the 
recreational salmon fishery from Cape Alava to the Queets River (La 
Push subarea), starting at 12:01 a.m. on Saturday, July 16, 2022, the 
daily bag limit is two salmon, Chinook salmon retention prohibited. All 
coho salmon must be marked with a healed adipose fin clip.
    Effective date: Inseason action #26 took effect on July 16, 2022, 
and remains in effect until July 24, 2022, at 11:59 p.m.
    Reason and authorization for the action: Due to larger than 
expected Chinook salmon catch, inseason action #26 was necessary to 
reduce Chinook salmon catch to preserve the length of the season while 
avoiding exceedance of the Chinook salmon guideline for this area and 
maximizing catch of the available coho salmon quota. Cape Alava to the 
Queets River (La Push subarea) opened with a coho salmon quota of 4,370 
and a Chinook salmon guideline of 1,120. Through July 10, 2022, 333 
coho salmon (8 percent of the subarea quota) and 287 Chinook salmon (26 
percent of the subarea guideline) were caught in the La Push subarea.
    The NMFS West Coast Regional Administrator (RA) considered the 
landings of Chinook and coho salmon to date and projected catches, 
fishery effort occurring to date and projected effort, quotas and 
guidelines set preseason, and the recreational Chinook salmon guideline 
remaining. The RA determined that this inseason action was necessary to 
preserve the available recreational Chinook salmon guideline in the La 
Push subarea in order to meet management goals set preseason, including 
the Pacific Coast Salmon Fishery Management Plan objective to extend 
the fishing season through Labor Day weekend if feasible and consistent 
with the available quota. The modification of recreational bag limits 
is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action #27

    Description of the action: Inseason action #27 modifies the 
recreational salmon fishery from Cape Alava to the Queets River (La 
Push subarea). Starting at 12:01 a.m. on July 25, 2022, the daily bag 
limit is two salmon, only one of which may be a Chinook salmon. All 
coho salmon must be marked with a healed adipose fin clip. Chum salmon 
retention is prohibited beginning August 1, 2022.
    Effective date: Inseason action #27 took effect on July 25, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: Due to larger than 
expected Chinook salmon catch, inseason action #27 was necessary to 
manage 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. Cape Alava to the Queets 
River (La Push subarea) opened with a coho salmon quota of 4,370 and a 
Chinook salmon guideline of 1,120. Through July 10, 2022, 333 coho 
salmon (8 percent of the subarea quota) and 287 Chinook salmon (26 
percent of the subarea guideline) were caught in the La Push subarea. 
These adjustments ensured that sufficient Chinook salmon guideline in 
the area from Cape Alava to the Queets River (La Push subarea) was 
available to extend the recreational salmon season.
    The RA considered the landings of Chinook and coho salmon to date 
and projected catches, fishery effort occurring to date and projected 
effort, quotas and guidelines set preseason, and the recreational 
Chinook salmon guideline remaining. The RA determined that this 
inseason action was necessary to preserve the available recreational 
Chinook salmon guideline in the La Push subarea in order to meet 
management goals set preseason. The modification of recreational bag 
limits is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action #28

    Description of the action: Inseason action #28 modifies the 
recreational salmon fishery; starting at 12:01 a.m. on July 16, 2022, 
the area from Leadbetter Point to Cape Falcon, OR (Columbia River 
subarea North of 46[deg]15' N and East of 124[deg]08'40'' W), is 
closed.
    Effective date: Inseason action #28 took effect on July 16, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: Due to larger than 
expected Chinook salmon catch, inseason action was necessary to limit 
recreational fishing in the area from Leadbetter Point to Cape Falcon 
(Columbia River subarea) to slow down Chinook salmon catch to ensure 
that sufficient quota remains to access coho salmon and preserve the 
length of the season while avoiding exceedance of the Chinook salmon 
guideline. This subarea opened with a coho salmon quota of 84,000 and a 
Chinook salmon guideline of 7,700. Through July 10, 2022, 6,761 coho 
salmon were caught (8 percent of the subarea quota) and 2,265 Chinook 
salmon were caught (29 percent of the subarea guideline).
    The RA considered the landings of Chinook and coho salmon to date 
and projected catch, fishery effort occurring to date and projected 
effort, and quotas and guidelines set preseason and determined that 
this inseason action was necessary to extend the recreational salmon 
season in this area in order to meet management goals set preseason. 
Inseason actions to modify boundaries, including landing boundaries, 
and establishment of closed areas is authorized under 50 CFR 
660.409(b)(1)(v).

Inseason Action #29

    Description of the action: Inseason action #29 modifies the landing 
and possession limit for the commercial salmon troll fishery across the 
entire north of Cape Falcon area, regardless of subarea, to 30 Chinook 
salmon per vessel per landing week (Thursday through Wednesday).
    Effective date: Inseason action took effect on July 21, 2022, and 
remains in effect until superseded.
    Reason and authorization for the action: Inseason action #29 was 
necessary to slow the rate of Chinook

[[Page 52355]]

salmon catch in order to preserve the length of the season by setting a 
lower landing and possession limit. The RA considered the landings of 
Chinook salmon to date and projected catch, fishery effort occurring to 
date and projected effort, and quotas set preseason and determined that 
this inseason action was necessary to provide greater fishing 
opportunity and provide economic benefit to the fishery dependent 
community by preserving season length. The modification of commercial 
landing and possession limits is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action #30

    Description of the action: Inseason action #30 modifies the 
recreational salmon fishery from the Queets River to Leadbetter Point 
(Westport subarea). The daily bag limit is two salmon per day, Chinook 
salmon retention prohibited on Fridays and Saturdays. Sunday through 
Thursday, the daily bag limit allows one of the two salmon to be a 
Chinook salmon.
    Effective date: Inseason action took effect on July 22, 2022, and 
remains in effect until superseded.
    Reason and authorization for the action: Chinook salmon catch rates 
have been higher than anticipated preseason. This inseason action was 
necessary to slow down the Chinook salmon catch in order to preserve 
the length of the season while avoiding exceedance of the Chinook 
salmon guideline. For the week of July 11, 2022, through July 17, 2022, 
for the area from the Queets River to Leadbetter Point (Westport 
subarea), 1,424 Chinook salmon were landed, bringing the cumulative 
total to 4,145 Chinook salmon (34 percent of the guideline). In 
addition, 1,736 coho salmon were landed, bringing the cumulative total 
to 3,851 coho salmon (6 percent of the quota).
    The RA determined that this inseason was necessary to remain within 
the available recreational Chinook salmon guideline in the Westport 
subarea in order to meet management goals set preseason including the 
Pacific Coast Salmon Fishery Management Plan objective to extend the 
fishing season through Labor Day weekend if feasible and consistent 
with the available quota. The modification of recreational bag limits 
is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action #31

    Description of the action: Inseason action #31 modifies the tribal 
salmon troll fishery for the Makah Tribe. Effective 11:59 p.m. on, July 
24, 2022, Area 3 north of 48[deg]02'15'' N. (Norwegian Memorial) and 
Areas 4, 4A, and 4B, the fishery is closed until further notice.
    Effective dates: Inseason action #31 took effect on July 24, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: The Makah Tribe found that 
it was necessary to close the fishery in order to assess Chinook and 
coho salmon catches to date and develop a plan for reopening the tribal 
fishery for the remainder of the season in order to stay within the 
preseason treaty tribal troll quota and preserve season length. The 
Makah Tribe notified staff from NMFS, Council, and WDFW of the need to 
close the fishery. The RA concurred with the closure. Modification of 
quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action #32

    Description of the action: Inseason action #32 modifies the July-
September sub-quota for the treaty Indian salmon fishery north of Cape 
Falcon that was set preseason at 20,000 Chinook salmon, to 34,547 
Chinook salmon through an impact-neutral rollover of unused May-June 
sub-quota.
    Effective dates: Inseason action #32 took effect on July 1, 2022, 
and remains in effect until the end of the 2022 treaty Indian salmon 
season on September 15, 2022, at 11:59 p.m.
    Reason and authorization for the action: The tribal fisheries 
reported a remaining catch of 14,457 Chinook salmon from the May-June 
fishery sub-quota of 20,000 Chinook. The STT determined the overage 
could be rolled over to the July-September fishery on an impact-neutral 
basis resulting in a new Chinook salmon sub-quota for the July-
September period of 34,547. The Makah Tribe notified staff from NMFS, 
Council, and WDFW of the need for modification of the July-September 
quota. The RA concurred with the quota modification. Modification of 
quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action #33

    Description of the action: Inseason action #33 modifies the tribal 
salmon troll fishery for the Makah Tribe. Effective 11:59 p.m. on 
Tuesday, July 26, until the end of the management period (September 15, 
2022), Area 3 north of 48[deg]02'15'' N. (Norwegian Memorial) and Areas 
4, 4A, and 4B, are open. The landing limit is not to exceed 300 Chinook 
salmon per vessel per calendar week (12:01 a.m. Sunday-11:59 p.m. 
Saturday). After August 1, release all chum.
    Effective dates: Inseason action was effective on July 26, 2022, 
and will remain in effect until September 15, 2022, at 11:59 p.m.
    Reason and authorization for the action: The Makah Tribe evaluated 
the catch and landings and determined that implementing a landing limit 
to 300 Chinook salmon per vessel per calendar week would slow down the 
Chinook salmon catch while still allowing access to coho salmon for the 
remainder of the season. The Makah Tribe notified staff from NMFS, 
Council, and WDFW of the need to open the fishery and the regulatory 
provisions adopted. The RA concurred with the season modification. 
Modification of quotas and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    All other management measures remain in effect as announced for the 
2022 ocean salmon fisheries (87 FR 29690; May 16, 2022), as modified by 
previous inseason actions (87 FR 41260, July 12, 2022; 87 FR 49534, 
August 11).
    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 and tribes 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

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Chinook and 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 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 22, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-18344 Filed 8-24-22; 8:45 am]
BILLING CODE 3510-22-P