[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Rules and Regulations]
[Pages 66609-66610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23984]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220510-0113]
RTID 0648-XC429


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #46 Through #47

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 two 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 (U.S.)/
Canada border to Cape Falcon, OR.

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effect until superseded or modified.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

[[Page 66610]]

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 Actions below.
    Consultations with the Council Chairperson on these inseason 
actions occurred on September 13, 2022. Representatives from NMFS, 
Washington Department of Fish and Wildlife (WDFW), Oregon Department of 
Fish and Wildlife (ODFW), and Council staff participated in these 
consultations. The Salmon Advisory Subpanel and Salmon Technical Team 
(STT) were also 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 #46

    Description of the action: Inseason action #46 modifies the NOF 
recreational salmon fishery. To cover an overage in the Columbia River 
subarea guideline, 600 Chinook salmon from the U.S./Canada border to 
Cape Alava, Washington (Neah Bay subarea) guideline is transferred to 
the Leadbetter Point to Cape Falcon, Oregon (Columbia River subarea), 
on an impact-neutral basis, which adds 390 Chinook salmon to the 
Columbia River subarea guideline. The adjusted Chinook salmon subarea 
guidelines are 5,510 for the Neah Bay subarea, and 8,090 for the 
Columbia River subarea. The adjusted overall north of Falcon 
recreational fishery Chinook salmon quota is 26,790.
    Effective date: Inseason action #46 took effect on September 14, 
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: Provisions for this type 
of inseason impact-neutral transfer of uncaught quota is specified in 
the 2022 ocean salmon regulations (87 FR 29690, May 16, 2022). The 
action was necessary to cover an overage of 253 Chinook salmon in the 
Columbia River subarea recreational fishery so that impacts of the 
fishery were consistent with preseason expectations and conservation 
objectives for salmon stocks managed under the jurisdiction of the 
Council, and to preserve season length which provides economic benefits 
to fishery-dependent communities.
    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 meet management goals set 
preseason and address the overage in the Columbia River subarea Chinook 
salmon catch. Modification of quotas and/or fishing seasons is 
authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action #47

    Description of the action: Inseason action #47 modifies the 
commercial salmon troll fishery NOF landing and possession limits of 15 
Chinook salmon and 225 coho salmon per vessel per landing week 
(Thursday through Wednesday).
    Effective date: Inseason action #47 took effect on September 15, 
2022, at 12:01 a.m. and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #47 was 
necessary to provide access to the available Chinook and coho salmon 
quota without exceeding the Chinook salmon 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 set 
preseason and determined that this inseason action was necessary to 
provide greater fishing opportunity and provide economic benefit to the 
fishery-dependent community while remaining consistent with 
conservation objectives for coho and Chinook salmon stocks managed 
under the Council jurisdiction. 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 52353, August 25, 2022; 87 FR 
54171, September 2, 2022; 87 FR 60105, October 4, 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 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: October 31, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2022-23984 Filed 11-3-22; 8:45 am]
BILLING CODE 3510-22-P