[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Rules and Regulations]
[Pages 54171-54172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18991]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220510-0113; RTID 0648-XC289]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #34 Through #36

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 three inseason actions in the 2022 ocean salmon 
fisheries. These inseason actions modify the recreational and 
commercial salmon fisheries in the area from the United States/Canada 
border to the Oregon/California 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effect until superseded or modified.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 United 
States (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 August 4, 2022 and August 10, 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'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 #34

    Description of the action: Inseason action #34 modifies the 
commercial salmon troll fishery from Humbug Mountain, OR, to the 
Oregon/California border (Oregon Klamath Management Zone (KMZ)). The 
August 2022 quota increased from 250 Chinook salmon to 658 Chinook 
salmon through an impact-neutral rollover of unused quota from the July 
2022 commercial troll fishery in the same area.
    Effective date: Inseason action #34 took effect on August 4, 2022, 
and remains in effect until August 28, 2022, at 11:59 p.m.
    Reason and authorization for the action: The 2022 commercial salmon 
troll fishery in the Oregon KMZ includes three quota managed seasons: 
June (800 Chinook salmon), July (400 Chinook salmon), and August (250 
Chinook salmon) (87 FR 29690, May 16, 2022). After the July season, 627 
Chinook salmon remained uncaught. The annual management measures (87 FR 
29690, May 16, 2022) provide that any remaining portion of Chinook 
salmon quotas in this fishery may be transferred inseason on an impact-
neutral basis to the next open quota period. The STT calculated the 
impact-neutral transfer of 627 Chinook salmon from the July quota to 
the August quota would result in adding 408 Chinook salmon to the 
August quota, resulting in an adjusted August quota of 658 Chinook 
salmon. The quota transfer is impact-neutral for spawning escapement 
goals for Klamath River fall-run Chinook salmon (KRFC). This change 
results in KRFC and Sacramento River fall-run Chinook salmon escapement 
meeting or exceeding the escapement levels forecasted at the April 2022 
Council meeting. The quota transfer also preserves 50/50 KRFC harvest 
sharing between non-tribal Klamath River tribal fisheries and results 
in a KRFC age-4 ocean harvest rate of 10 percent. This action did not 
increase the overall 2022 Chinook salmon quota in the SOF commercial 
salmon troll fishery.
    The NMFS West Coast Region Regional Administrator (RA) considered 
the landings of Chinook salmon in the SOF commercial salmon fishery to 
date, fishery effort occurring to date as well as anticipated under the 
proposal, and the Chinook salmon quota remaining and determined that 
this inseason action was necessary to meet management and conservation 
objectives. Inseason modification of quotas is authorized by 50 CFR 
660.409(b)(1)(i).

Inseason Action #35

    Description of the action: Inseason action #35 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: 40 Chinook salmon per vessel per landing week (Thursday 
through Wednesday).
    Effective date: Inseason action #35 took effect on August 5, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #35 was 
necessary to allow opportunity to catch the remainder of the Chinook 
salmon quota and to allow greater access to coho salmon in the 
commercial salmon troll fishery. 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 set preseason and 
determined that this inseason action was necessary to meet management 
goals to fully utilize the salmon quotas

[[Page 54172]]

set preseason while not exceeding conservation objectives. The 
modification of commercial landing and possession limits is authorized 
by 50 CFR 660.409(b)(1)(i).

Inseason Action #36

    Description of the action: Inseason action #36 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: 30 Chinook salmon per vessel per landing week (Thursday 
through Wednesday).
    Effective date: Inseason action #36 took effect on August 11, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #36 was 
necessary to slow the rate of Chinook salmon catch in order to preserve 
the length of the salmon fishing 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).
    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; 87 FR 49534, August 11, 2022; 87 FR 49534).
    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 actions was given, 
prior to the time the actions became 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 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 29, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-18991 Filed 9-1-22; 8:45 am]
BILLING CODE 3510-22-P