[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Rules and Regulations]
[Pages 65531-65532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23566]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[RTID 0648-XC446]


Fraser River Sockeye Salmon Fisheries; Inseason Orders

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason orders.

-----------------------------------------------------------------------

SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate 
tribal treaty (treaty Indian) and non-tribal (all citizen) commercial 
salmon fisheries in United States (U.S.) waters. The orders were issued 
by the Fraser River Panel (Panel) of the Pacific Salmon Commission 
(Commission) and subsequently approved and issued by NMFS during 2022 
for sockeye salmon fisheries within the U.S. Fraser River Panel Area. 
These orders established fishing dates, times, and areas for the gear 
types of U.S. treaty Indian and all citizen commercial fisheries during 
the period the Panel exercised jurisdiction over these fisheries.

DATES: The effective dates for the inseason orders are set out in this 
document under the heading Inseason Orders.

FOR FURTHER INFORMATION CONTACT: Anthony Siniscal at 971-322-8407, 
email: [email protected].

SUPPLEMENTARY INFORMATION: The Treaty between the Government of the 
United States of America and the Government of Canada concerning 
Pacific salmon was signed at Ottawa on January 28, 1985, and 
subsequently was given effect in the United States by the Pacific 
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
    Under authority of the Act, Federal regulations at 50 CFR part 300, 
subpart F, provide a framework for the implementation of certain 
regulations of the Commission and inseason orders of the Commission's 
Panel for U.S. sockeye and pink salmon fisheries in the Fraser River 
Panel Area.
    The regulations close the U.S. portion of the Panel Area to U.S. 
sockeye and pink salmon tribal and non-tribal commercial fishing unless 
opened by Panel regulations that are given effect by inseason orders 
issued by NMFS (50 CFR 300.94(a)(1)). During the fishing season, NMFS 
may issue inseason orders that establish fishing times and

[[Page 65532]]

areas consistent with the Commission agreements and regulations of the 
Panel. Such orders must be consistent with domestic legal obligations 
and are issued by the Regional Administrator, West Coast Region, NMFS. 
Official notification of these inseason actions is provided by two 
telephone hotline numbers described at 50 CFR 300.97(b)(1) and in 84 FR 
19729 (May 6, 2019). The inseason orders are published in the Federal 
Register as soon as practicable after they are issued. Due to the 
frequency with which inseason orders are issued, publication of 
individual orders is impractical.

Inseason Orders

    NMFS issued the following inseason orders for U.S. fisheries within 
Panel Area waters during the 2022 fishing season, consistent with the 
orders adopted by the Panel. Each of the following inseason actions was 
effective upon announcement on telephone hotline numbers as specified 
at 50 CFR 300.97(b)(1) and in 87 FR 29690 (May 16, 2022); those dates 
and times are listed herein. The times listed are local times, and the 
areas designated are Puget Sound Management and Catch Reporting Areas 
as defined in the Washington State Administrative Code at Chapter 220-
301-030.

Fraser River Panel Order Number 2022-01: Issued 12:15 p.m., July 29, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m. 
(noon), Monday, August 1, 2022, through 12 p.m. (noon), Wednesday, 
August 3, 2022.

Fraser River Panel Order Number 2022-02: Issued 11:30 a.m., August 2, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, August 3, 2022, through 12 p.m. (noon), Saturday, 
August 6, 2022.

Fraser River Panel Order Number 2022-03: Issued 1 p.m., August 5, 2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Saturday, August 6, 2022, through 12 p.m. (noon), Wednesday, 
August 10, 2022.

Fraser River Panel Order Number 2022-04: Issued 1:15 p.m., August 9, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, August 10, 2022, through 12 p.m. (noon), Saturday, 
August 13, 2022.

Fraser River Panel Order Number 2022-05: Issued 1 p.m., August 12, 2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Saturday, August 13, 2022, through 12 p.m. (noon), Wednesday, 
August 17, 2022.
    Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Saturday, 
August 13, 2022 through 9 a.m. Monday, August 15, 2022.
All Citizen Fishery
    Areas 7: Open for reef net fishing from 5 a.m. through 9 p.m., 
Saturday, August 13, 2022.

Fraser River Panel Order Number 2022-06: Issued 1:45 p.m., August 16, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, August 17, 2022, through 12 p.m. (noon), Friday, 
August 19, 2022.
    Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Wednesday, 
August 17, 2022 through 9 a.m., Thursday, August 18, 2022.

Fraser River Panel Order Number 2022-07: Issued 5:45 p.m., August 18, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Friday, August 19, 2022, through 12 p.m. (noon), Wednesday, 
August 24, 2022.
    Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Sunday, 
August 21, 2022 through 9 a.m., Monday, August 22, 2022.
All Citizen Fishery
    Areas 7 and 7A: Open for purse seine fishing from 5 a.m. through 9 
p.m., Saturday, August 20, 2022.
    Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through 
11:59 p.m., Saturday, August 20, 2022.

Fraser River Panel Order Number 2022-08: Issued 10 a.m., August 23, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: The previously announced drift gillnet fishery 
scheduled through 12 p.m. (noon), Wednesday, August 24, 2022 will now 
close at 12 p.m. (noon), Tuesday, August 23, 2022.

Fraser River Panel Order Number 2022-09: Issued 12 p.m., September 9, 
2022

Treaty Tribal and All Citizen Fisheries
    Areas 4B, 5, 6, 6C, and 7: Relinquish regulatory control effective 
11:59 p.m., Saturday, September 10, 2022.

Classification

    The Assistant Administrator for Fisheries NOAA (AA), finds that 
good cause exists for the inseason orders to be issued without 
affording the public prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is 
impracticable and contrary to the public interest. Prior notice and 
opportunity for public comment is impracticable because NMFS has 
insufficient time to allow for prior notice and opportunity for public 
comment between the time the stock abundance information is available 
to determine how much fishing can be allowed and the time the fishery 
must open and close in order to harvest the appropriate amount of fish 
while they are available.
    The AA also finds good cause to waive the 30-day delay in the 
effective date, required under 5 U.S.C. 553(d)(3), of the inseason 
orders. A delay in the effective date of the inseason orders would not 
allow fishers appropriately controlled access to the available fish at 
that time they are available.
    This action is authorized by 50 CFR 300.97, and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 3636(b).

    Dated: October 25, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-23566 Filed 10-28-22; 8:45 am]
BILLING CODE 3510-22-P