[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Rules and Regulations]
[Pages 21112-21113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07352]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220510-0113; RTID 0648-XC858]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #48 Through #50

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

ACTION: Inseason modification of 2022-2023 management measures.

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SUMMARY: NMFS announces three inseason actions for the 2023 portion of 
the 2022-2023 ocean salmon fishing season. These inseason actions 
modify the recreational and commercial salmon fisheries in the area 
from Cape Falcon, OR, to the U.S./Mexico 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in effect until superseded or modified.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 annual management measures for the 2022-2023 ocean salmon 
fisheries (87 FR 29690, May 16, 2022) govern 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 2023-2024 
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 SOF 
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 March 9, 2023. Representatives from NMFS, Oregon 
Department of Fish and Wildlife (ODFW), California Department of Fish 
and Wildlife (CDFW) and Council staff participated in these 
consultations. The Salmon Advisory Subpanel and Salmon Technical Team 
(STT) were also present.
    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

Reason and authorization for inseason actions #48-#50

    At its March 4-10, 2023, meeting, the STT presented updated stock 
abundance forecasts for salmon stocks managed under the Pacific Coast 
Salmon Fishery Management Plan (FMP). Based on the STT's report, SOF 
ocean salmon fisheries will be constrained in 2023 by the very low 
abundance forecasts for Klamath River fall-run Chinook (KRFC) salmon 
and Sacramento River fall-run Chinook (SRFC) salmon. KRFC salmon 
continue to meet the criteria as overfished, which was determined under 
the Magnuson-Stevens Fishery Conservation and Management Act (MSA) in 
2018, and SRFC salmon is currently at risk of approaching an overfished 
condition. KRFC Chinook salmon expected abundance is low enough that 
the stock will be managed under the de minimus provisions of the 
harvest control rule in the Pacific Coast Salmon Fishery Management 
Plan (FMP). In addition, the abundance of these stocks has been 
substantially over-forecast in recent years, and escapements have been 
much lower than anticipated preseason. The forecast of potential 
spawner abundance is derived from the ocean abundance forecasts, ocean 
natural mortality rates, age-specific maturation rates, stray rates, 
and the proportion of escapement expected to spawn in natural areas. To 
reduce the impacts on KRFC salmon and SRFC salmon and respond to the 
forecasts, NMFS took three inseason actions on March 9, 2023, 
concurrent with the March Council meeting to restrict some fisheries 
that were previously scheduled to open prior to May 16, 2023 (87 FR 
29690, May 16, 2022).
    The NMFS West Coast Regional Administrator (RA) considered the 
abundance forecasts for Chinook salmon stocks and the projected impacts 
in the ocean salmon fisheries, as modeled by the STT, and determined 
that the inseason actions described below are necessary to meet 
management and conservations goals set preseason. These inseason 
actions modify quotas and/or fishing seasons under 50 CFR 
660.409(b)(1)(i).

Inseason Action #48

    Description of the action: Inseason action #48 modifies the SOF 
commercial salmon troll fishery from Cape Falcon, OR, to the Heceta 
Bank Line (lat. 43[deg]58'00'' N), OR; Heceta Bank Line (lat. 
43[deg]58'00'' N), OR, to Humbug Mountain, OR; and Humbug Mountain, OR, 
to the Oregon/California border, previously scheduled to open on March 
15, 2023. This fishery is closed through May 15, 2023.
    Effective date: Inseason action #48 took effect on March 15, 2023, 
at 12:01 a.m. and remains in effect until superseded.

Inseason Action #49

    Description of the action: Inseason action #49 modifies the SOF 
ocean salmon recreational fishery from Cape Falcon, OR, to Humbug 
Mountain, OR, previously scheduled to open on March 15, 2023. This 
fishery is closed through May 15, 2023.
    Effective date: Inseason action #49 took effect on March 15, 2023, 
at 12:01 a.m. and remains in effect until superseded.

Inseason Action #50

    Description of the action: Inseason action #50 modifies the ocean 
salmon recreational fishery and the salmon troll commercial fishery 
from the Oregon/California border to the U.S./Mexico border. These 
fisheries are closed through May 15, 2023.
    Effective dates: Inseason action #50 takes effect for the following 
areas and dates, and remains in effect until superseded.

[[Page 21113]]

     Effective May 1, 2023 at 12:01 a.m. for the salmon troll 
commercial fishery from the Oregon/California border to Humboldt South 
Jetty (California Klamath Management Zone).
     Effective April 16, 2023 at 12:01 a.m. for the salmon 
troll commercial fishery from lat. 40[deg] 10' N to Point Arena, CA 
(Fort Bragg management area).
     Effective May 1, 2023 at 12:01 a.m. for the salmon troll 
commercial fishery from Point Arena, CA, to Pigeon Point, CA (San 
Francisco management area).
     Effective May 1, 2023 at 12:01 a.m. for the salmon troll 
commercial fishery from Pigeon Point, CA, to the U.S./Mexico border 
(Monterey management area).
     Effective May 1, 2023 at 12:01 a.m. for the ocean salmon 
recreational fishery from the Oregon/California border to lat. 40[deg] 
10' N (California Klamath Management Zone management area).
     Effective April 1, 2023 at 12:01 a.m. for the ocean salmon 
recreational fishery from lat. 40[deg] 10' N to Point Arena, CA (Fort 
Bragg management area).
     Effective April 1, 2023 at 12:01 a.m. for the ocean salmon 
recreational fishery from Point Arena, CA, to Pigeon Point, CA (San 
Francisco management area).
     Effective April 1, 2023 at 12:01 a.m. for the ocean salmon 
recreational fishery from Pigeon Point, CA to the U.S./Mexico border 
(Monterey management area).
    All other restrictions and regulations remain in effect as 
announced for the 2022-2023 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, 2022; 87 FR 52353, August 25, 2022; 
87 FR 54171, September 2, 2022; 87 FR 60105, October 4, 2022; 87 FR 
66609, November 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. 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 allow fishing at levels inconsistent with the goals of the FMP 
and the current management measures.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 4, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-07352 Filed 4-7-23; 8:45 am]
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