[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Rules and Regulations]
[Pages 37479-37480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12237]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220510-0113; RTID 0648-XC983]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #51-#52

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 two inseason actions for the 2023 portion of 
the 2022 ocean salmon fishing season (May 16, 2022-May 15, 2023). These 
inseason actions modify the commercial salmon troll fisheries in the 
area from the U.S./Canada border to Cape Falcon, OR.

DATES: The effective date for these 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in effect until superseded or modified.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 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 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 (Cape Falcon, OR, to the U.S./Mexico 
border). The action described in this document affects the NOF 
commercial salmon troll fisheries, as set out under the heading 
Inseason Actions below.
    Consultation with the Council Chairperson on this inseason action 
occurred on April 18, 2023 and May 9, 2023. Representatives from NMFS, 
Washington Department of Fish and Wildlife, Oregon Department of Fish 
and Wildlife, California Department of Fish and Wildlife participated 
in these consultations. Representatives from the Salmon Advisory 
Subpanel and Salmon Technical Team 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

Inseason Action #51

    Description of the action: Inseason action #51 modifies the ocean 
salmon troll commercial fishery from the U.S./Canada border to Cape 
Falcon, OR.
    Effective dates: Inseason action #51 takes effect for the following 
areas and dates, and remains in effect until superseded.
     Effective May 1, 2023, at 12:01 a.m. the quota for the 
May-June fishery is modified to 26,000 Chinook salmon, no more than 
6,890 of which may be caught in the area between the U.S./Canada border 
and the Queets River and no more than 6,040 of which may be caught in 
the area between Leadbetter Point and Cape Falcon.
     Effective May 1, 2023, at 12:01 a.m. the landing and 
possession limit for the entire area between the U.S./Canada border and 
Cape Falcon is 200 Chinook salmon per vessel for the period May 1, 
2023, through May 10, 2023, and 150 Chinook salmon per vessel per 
landing week (Thursday-Wednesday) beginning May 11, 2023, at 12:01 a.m.
     Effective May 1, 2023, at 12:01 a.m. the landing and 
possession limit in the area between the U.S./Canada border and the 
Queets River is 105 Chinook per vessel for the period May 1, 2023, 
through May 10, 2023, and 70 Chinook salmon per vessel per landing week 
(Thursday-Wednesday) beginning May 11, 2023, at 12:01 a.m.
     Effective May 1, 2023, at 12:01 a.m. the landing and 
possession limit in the area between the Queets River and Leadbetter 
Point is 200 Chinook salmon per vessel for the period May 1, 2023, 
through May 10, 2023, and 150 Chinook salmon per vessel per landing 
week (Thursday-Wednesday) beginning May 11, 2023, at 12:01 a.m.
     Effective May 1, 2023, at 12:01 a.m. the landing and 
possession limit in the area between Leadbetter Point and Cape Falcon 
is 90 Chinook per vessel for the period May 1, 2023, through May 10, 
2023, and 60 Chinook salmon per vessel per landing week (Thursday-
Wednesday) beginning May 11, 2023, at 12:01 a.m.
     Effective May 1, 2023, at 12:01 a.m. vessels may not land 
salmon east of the Sekiu River or east of Tongue Point, Oregon.
    Reason and authorization for the action: The 2022 annual management 
measures for ocean salmon fisheries (87 FR 29690, May 16, 2022) 
established a May-June commercial salmon fishery that included NOF 
subarea quotas that were based on information available at the time the 
2022 management measures were adopted. The 2022 management measures 
allow for inseason action to adjust fisheries scheduled to occur from 
March 15, 2023, through May 15, 2023, in response to new information on 
2023 salmon stock abundance forecasts and northern salmon fisheries 
impacts, to keep fisheries impacts within management objectives and 
consistent with conservation needs. In addition, the Council adopted a 
weekly landing and possession limit based on the calendar week 
(Thursday-Wednesday). Under the 2022 regulations, the fishery will open 
on May 1, 2023, with the week reduced to 3 days. Inseason action 
adjusts the landing and possession

[[Page 37480]]

period to 10 days with a slightly higher landing limit that corresponds 
to the longer period (i.e., from May 1, 2023-May 3 to May 1, 2023-May 
10 to match the full Thursday-Wednesday landing week).
    The NMFS West Coast Regional Administrator (RA) considered the 
abundance forecasts for Chinook salmon stocks, the timing of the action 
relative to the length of the season, and determined that the inseason 
action described above is necessary to meet management and 
conservations goals set preseason. This inseason action modifies quotas 
and/or fishing seasons, and landing boundaries under 50 CFR 
660.409(b)(1)(i) and (v).

Inseason Action #52

    Description of the action: Inseason action #52 modifies the ocean 
salmon troll commercial fishery. The area between the U.S./Canada 
border and the Queets River (La Push and Neah Bay subareas) is closed.
    Effective dates: Inseason action #52 took effect on May 11, 2023, 
at 12:01 a.m., and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #52 was 
necessary to not exceed the Chinook salmon guideline due to high 
Chinook salmon catch relative to the subarea quota for the U.S. area 
north of the Queets River and to preserve the length of the season. The 
RA considered the 2023 abundance forecasts for Chinook salmon stocks, 
the timing of the action relative to the length of the season, and 
determined that the inseason action described above is necessary to 
meet management and conservation goals set preseason. This inseason 
action modifies quotas and/or fishing seasons under 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 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; 88 FR 21113, April 10, 2023).
    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 is 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 action 
was provided to fishers through telephone hotlines and radio 
notifications. 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: June 5, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-12237 Filed 6-7-23; 8:45 am]
BILLING CODE 3510-22-P