[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Rules and Regulations]
[Pages 60105-60108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21440]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220510-0113]
RTID 0648-XC370


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #37 Through #45

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 nine inseason actions in the 2022 ocean salmon 
fisheries. These inseason actions modify the recreational and 
commercial salmon fisheries in the area from the U.S./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effect until superseded or modified.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 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 17, 2022, August 22, 2022, August 25, 2022, 
and August 30, 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 #37

    Description of the action: Inseason action #37 modifies the landing 
and possession limit for the commercial salmon troll fishery across the 
entire

[[Page 60106]]

NOF area, regardless of subarea, to: 10 Chinook salmon per vessel per 
landing week (Thursday through Wednesday).
    Effective date: Inseason action #37 took effect on August 18, 2022, 
and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #37 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 West Coast Regional Administrator (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 #38

    Description of the action: Inseason action #38 modifies the 
recreational fishery from the Queets River to Leadbetter Point 
(Westport Subarea). Possession of Chinook salmon is illegal on days 
when retention of Chinook salmon is prohibited in that same area.
    Effective date: Inseason action #38 took effect on August 18, 2022 
at 12:01 a.m., and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #38 was 
necessary to not exceed the Chinook salmon guideline due to high 
Chinook salmon catch and preserve the length of the season while 
continuing to allow access to coho salmon. The RA considered 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 Westport 
subarea in order to meet management goals set preseason, including 
access to coho salmon. Modification of recreational bag limits is 
authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action #39

    Description of the action: Inseason action #39 modifies the 
recreational fishery from the Queets River to Leadbetter Point 
(Westport Subarea), Chinook salmon retention is prohibited.
    Effective date: Inseason action #39 took effect on August 23, 2022 
at 12:01 a.m., and remains in effect until superseded.
    Reason and authorization for the action: Due to high Chinook salmon 
catch, this inseason action was necessary to not exceed the Chinook 
salmon guideline and preserve the length of the season while continuing 
to allow access to coho salmon. The RA considered 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 preserve the available 
recreational Chinook salmon guideline in the Westport subarea in order 
to meet management goals set preseason, including access to coho 
salmon. Modifications of recreational bag limits is authorized by 50 
CFR 660.409(b)(1)(iii).

Inseason Action #40

    Description of the action: Inseason action #40 modifies the 
recreational fishery from Leadbetter Point to Cape Falcon, OR (Columbia 
River subarea), Chinook salmon retention is prohibited, and the portion 
of the subarea North of 46[deg]15' N and East of 124[deg]08'40'' W is 
open to fishing for salmon.
    Effective date: Inseason action #40 took effect on August 23, 2022 
at 12:01 a.m., and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #40 was 
necessary to preserve the length of the season by avoiding exceedance 
of the Chinook salmon guideline while maximizing catch of the available 
coho salmon quota. Leadbetter Point to Cape Falcon, OR (Columbia River 
subarea) opened with a coho salmon quota of 84,000 and a Chinook salmon 
guideline of 7,700. Through August 21, 2022, 37,405 coho salmon (45 
percent of the subarea quota) and 6,902 Chinook salmon (90 percent of 
the subarea guideline) had been caught in the Columbia River subarea. 
The RA considered 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 preserve the available recreational Chinook salmon 
guideline in the Columbia River subarea in order to meet management 
goals set preseason including access to coho salmon. Modification of 
recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action #41

    Description of the action: Inseason action #41 modifies the 
commercial salmon troll fishery NOF, the remaining coho salmon quota is 
adjusted on an impact-neutral basis, from mark-selective to non-mark-
selective. The adjusted non-mark-selective coho salmon quota is 9,700.
    Effective date: Inseason action #41 took effect on August 26, 2022 
at 12:01 a.m., and remains in effect until the end of the commercial 
salmon season on September 30, 2022 at 11:59 p.m.
    Reason and authorization for the action: Inseason action #41 was 
necessary to allow for increased access to the coho salmon quota, which 
had not been fully used, while not exceeding the impact limits for 
protected Chinook salmon stocks. The annual management measures (87 FR 
29690, May 16, 2022) provide for inseason action to modify the 
regulations that restrict retention of un-marked coho salmon while 
still achieving management objectives, including not exceeding 
allowable impacts on constraining Chinook and coho salmon stocks. The 
STT calculated the necessary adjustments to the coho salmon quota on an 
impact-neutral basis for the constraining stocks in the NOF area. The 
RA considered coho salmon landings 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. Modification of quotas and/or fishing 
seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action #42

    Description of the action: Inseason action #42 modifies the 
commercial salmon troll fishery NOF, landing and possession limit for 
coho salmon is modified to 150 non-mark-selective coho salmon per 
vessel per landing week (Thursday through Wednesday). Weekly landing 
and possession limit for Chinook salmon remains 10 Chinook salmon per 
vessel per landing week.
    Effective Date: Inseason action #42 took effect on August 26, 2022 
at 12:01 a.m., and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #42 
modified the coho salmon landing and possession limit from 150 mark-
selective coho salmon to 150 non-mark-selective coho salmon per vessel 
per landing week. This change was necessary to avoid exceedance of the 
Chinook salmon guideline and maximize catch of the

[[Page 60107]]

available coho salmon quota. The RA considered coho and Chinook salmon 
landings 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. 
Modification of quotas and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).

Inseason Action #43

    Description of the action: Inseason action #43 modifies the 
recreational salmon fishery from the Queets River to Leadbetter Point 
(Westport subarea), the remaining coho salmon quota is adjusted on an 
impact-neutral basis, from mark-selective to non-mark-selective. The 
adjusted non-mark-selective coho salmon quota is 14,000.
    Effective date: Inseason action #43 took effect on August 27, 2022 
at 12:01 a.m., and remains in effect until the end of the recreational 
salmon season on September 30, 2022 at 11:59 p.m.
    Reason and authorization for the action: Inseason action #43 was 
necessary to allow for increased access to the coho salmon quota, which 
had not been fully used, while not exceeding the impact limits for 
protected Chinook salmon stocks. The annual management measures (87 FR 
29690, May 16, 2022) provide for inseason action to modify the 
regulations that restrict retention of un-marked coho salmon fishery 
while still achieving management objectives, including not exceeding 
allowable impacts on constraining Chinook and coho salmon stocks. The 
STT calculated the necessary adjustments to the coho salmon quota on an 
impact-neutral basis for the constraining stocks in the NOF area.
    The RA considered coho and Chinook salmon landings 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. Modification of quotas and/
or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action #44

    Description of the action: Inseason action #44 modifies the 
recreational fishery from the Queets River to Leadbetter Point 
(Westport subarea), the daily limit is modified to 2 salmon per day, 
Chinook salmon retention prohibited.
    Effective date: Inseason action #44 took effect on August 27, 2022 
at 12:01 a.m., and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #44 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.
    The RA considered the landings of Chinook and coho salmon to date 
and projected catches in the recreational salmon fishery, 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 Westport 
subarea in order to meet management goals set preseason. The 
modification of recreational fishing bag limits is authorized by 50 CFR 
660.409(b)(1)(iii).

Inseason Action #45

    Description of the action: Inseason action #45 modifies the SOF 
recreational salmon fishery from Cape Falcon, OR to Humbug Mountain, 
OR. This action increased the non-mark selective coho salmon quota in 
the September 3 through September 30, 2022 recreational fishery from 
17,000 to 26,800 through an impact-neutral rollover of unused quota 
from the June-August mark selective coho salmon recreational fishery in 
the area from Cape Falcon, OR to the Oregon/California border.
    Effective date: Inseason action #45 took effect on September 3, 
2022 at 12:01 a.m., and remains in effect until the end of the 
recreational salmon season on September 30, 2022 at 11:59 p.m.
    Reason and authorization for the action: Authority for this impact-
neutral rollover of unutilized quota is specified in the 2022 ocean 
salmon regulations (87 FR 29690, May 16, 2022). The SOF June-August 
mark selective coho salmon recreational fishery had a quota of 100,000 
marked coho salmon. Of that quota, 42,814 coho salmon were landed, 
leaving 57,186 coho salmon quota unutilized for the June-August period. 
The STT calculated that an impact-neutral rollover would add 9,800 coho 
salmon from the June-August period to the September non-selective coho 
salmon fishery quota of 17,000 for an adjusted quota of 26,800 coho 
salmon. This action did not increase the overall 2022 coho salmon quota 
in the SOF recreational fishery. The RA considered the landings of 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 meet 
management goals set preseason. Modification of quotas and/or fishing 
seasons 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 52353, August 25, 2022; 87 FR 
54171, September 9, 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 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

[[Page 60108]]

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 Pacific 
Salmon 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: September 28, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-21440 Filed 10-3-22; 8:45 am]
BILLING CODE 3510-22-P