[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Rules and Regulations]
[Pages 44737-44739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14721]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No.230508-0124; RTID 0648-XD072]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #1-#10

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

ACTION: Inseason modification of 2023 management measures.

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SUMMARY: NMFS announces ten inseason actions for the 2023-2024 ocean 
salmon fishing season. 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remain in effect until superseded or modified.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, 562-980-4239, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The annual management measures for the 2023 and early 2024 ocean 
salmon fisheries (88 FR 30235, May 11, 2023) 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, 2023, until the effective date of the 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 (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 these inseason actions 
occurred on May 16, 2023, May 24, 2023, and June 8, 2023. These 
consultations included representatives from NMFS, Washington Department 
of Fish and Wildlife, Oregon Department of Fish and Wildlife, and 
California Department of Fish and Wildlife. Representatives from the 
Salmon Advisory Subpanel and Salmon Technical Team were also present. A 
Council representative was present on May 24, 2023, and June 8, 2023.
    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

Authorization for Inseason Actions #1-#10

    The NMFS West Coast Regional Administrator (RA) considered the 2023 
abundance forecasts for Chinook salmon stocks, the timing of the 
actions relative to the length of the season, and determined that these 
inseason actions described below are necessary to meet management and 
conservations goals for the 2023-2024 management measures. These 
inseason actions modified quotas and/or fishing seasons under 50 CFR 
660.409(b)(1)(i).

Inseason Action #1

    Description of the action: Inseason action #1 modifies the NOF 
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 #1 takes effect on May 17, 2023, 
at 12:01 a.m. and remains in effect until superseded.
    Reason for the action: The area between the U.S./Canada border and 
the Queets River (La Push and Neah Bay subareas) was closed through 
inseason action under the 2022-2023 management measures (88 FR 37479, 
June 8, 2023) from May 11, 2023, to May 15, 2023. The 2023 management 
measures (88 FR 30235, May 11, 2023) set the start of the season on 
Tuesday, May 16, 2023, however, the landing week adopted in the 2023 
management measures is Thursday-Wednesday. To remain consistent with 
the fishing season as adopted into regulation, the fishery was closed 
in order for managers to take subsequent action to align the initial 
open fishery period with the landing week as defined in the 2023 
management measures.

Inseason Action #2

    Description of the action: Inseason action #2 modifies the NOF 
ocean salmon troll commercial fishery. The landing and possession limit 
in the area between the U.S./Canada border and Cape Falcon is 150 
Chinook salmon per vessel per landing week (Thursday-Wednesday) May 17, 
2023, through June 21, 2023, and for the period June 22, 2023, through 
June 29, 2023.
    Effective dates: Inseason action #2 took effect on May 17, 2023, at 
12:01 a.m. and remains in effect until June 29, 2023, at 11:59 p.m.
    Reason for the action: Inseason action #2 was necessary to align 
the landing and possession limit for the area between the U.S./Canada 
border to Cape Falcon under the 2022-23 management measures (adopted 
through inseason action (88 FR 37479, June 8, 2023)) for fisheries 
occurring after May 15, 2023, with fisheries that occurred from May 11, 
2023, through May 15, 2023.

Inseason Action #3

    Description of the action: Inseason action #3 modifies the NOF 
ocean salmon troll commercial fishery. The area between the U.S./Canada 
border and the Queets River (La Push and Neah Bay subareas) is open. 
For the area between the U.S./Canada border and the Queets River, the 
landing and possession limit is 35 Chinook salmon per vessel per 
landing week (Thursday-Wednesday) May 18, 2023, through June 21, 2023, 
and for the period June 22, 2023, through June 29, 2023.
    Effective dates: Inseason action #3 took effect on May 18, 2023, at 
12:01 a.m. and remains in effect until June 29, 2023, at 11:59 p.m.
    Reason for the action: Inseason action #3 opens the area from the 
U.S./Canada border and the Queets River (La Push and Neah Bay subareas) 
that was previously closed on May 11, 2023 (88 FR 37479, June 8, 2023). 
In addition, the landing and possession limit that was put in place for 
the landing week from May 1, 2023, to May 10, 2023, was reduced from 70 
Chinook salmon to 35

[[Page 44738]]

Chinook salmon per vessel per landing week (Thursday-Wednesday). This 
adjustment was necessary in order to not exceed the Chinook salmon 
guideline in the area due to high Chinook salmon catch to date and to 
preserve the length of the season.

Inseason Action #4

    Description of the action: Inseason #4 modifies the NOF commercial 
salmon troll fishery. The landing and possession limit in the area 
between the Queets River and Leadbetter Point (Westport subarea) is 200 
Chinook salmon per vessel per landing week (Thursday-Wednesday) May 15, 
2023, through June 21, 2023, and for the period June 22, 2023, through 
June 29, 2023.
    Effective dates: Inseason action #4 took effect on May 25, 2023, at 
12:01 a.m. and remains in effect until June 29, 2023, at 11:59 p.m.
    Reason for the action: Inseason action #4 increases the landing and 
possession limit for the Westport subarea from 150 Chinook salmon to 
200 Chinook salmon. Due to lower than anticipated catch rates, this 
action will result in increased fishing interest and allow greater 
access to the quota for the area without exceeding it.

Inseason Action #5

    Description of the action: Inseason #5 modifies the NOF commercial 
salmon troll fishery. The landing and possession limit in the area 
between Leadbetter Point and Cape Falcon (Columbia River subarea) is 80 
Chinook salmon per vessel per landing week (Thursday-Wednesday) May 25, 
2023, through June 21, 2023, and for the period June 22, 2023, through 
June 29, 2023.
    Effective dates: Inseason action #5 took effect on May 25, 2023, at 
12:01 a.m. and remains in effect until June 29, 2023, at 11:59 p.m.
    Reason for the action: Inseason action #5 increases the landing and 
possession limit for the area between Leadbetter Point and Cape Falcon 
(Columbia River subarea) from 60 Chinook salmon to 80 Chinook salmon. 
The action was taken because of lower than anticipated catch rates. 
This action will result in increased fishing interest and allow greater 
access to the quota without exceeding it.

Inseason Action #6

    Description of the action: Inseason #6 modifies the NOF commercial 
salmon troll fishery. The landing and possession limit in the area 
between the U.S./Canada border and Cape Falcon is 200 Chinook salmon 
per vessel per landing week (Thursday-Wednesday) May 25, 2023, through 
June 21, 2023, and for the period June 22, 2023, through June 29, 2023.
    Effective dates: Inseason action #6 took effect on May 25, 2023, at 
12:01 a.m. and remains in effect until June 29, 2023, at 11:59 p.m.
    Reason for the action: Inseason action #6 increases the area NOF 
landing and possession limit from 150 Chinook salmon to 200 Chinook 
salmon to match the landing and possession limit of the largest of the 
subareas from the Queets River to Leadbetter Point (Westport subarea).

Inseason Action #7

    Description of the action: Inseason #7 modifies the NOF commercial 
salmon troll fishery. The landing and possession limit in the area 
between Leadbetter Point and Cape Falcon (Columbia River subarea) is 
100 Chinook salmon per vessel per landing week (Thursday-Wednesday) 
June 8, 2023, through June 21, 2023, and for the period June 22, 2023, 
through June 29, 2023.
    Effective dates: Inseason action #7 took effect on June 8, 2023, at 
12:01 a.m. and remains in effect until June 29, 2023, at 11:59 p.m.
    Reason for the action: Inseason action #7 increases the landing and 
possession limit in the area between Leadbetter Point and Cape Falcon 
(Columbia River subarea) from 80 Chinook salmon to 100 Chinook salmon. 
This action will allow for better fishing opportunities to harvest the 
remaining quota and subarea caps without exceeding them.

Inseason Action #8

    Description of the action: Inseason action #8 modifies the NOF 
commercial salmon troll fishery. The landing and possession limit in 
the area between the Queets River and Leadbetter Point (Westport 
subarea) is 250 Chinook salmon per vessel per landing week (Thursday-
Wednesday) June 8, 2023, through June 21, 2023, and for the period June 
22, 2023, through June 29, 2023.
    Effective dates: Inseason action #8 took effect on June 8, 2023, at 
12:01 a.m. and remains in effect until June 29, 2023, at 11:59 p.m.
    Reason for the action: Inseason action #8 increases the landing and 
possession limit in the area between the Queets River and Leadbetter 
Point (Westport subarea) from 200 Chinook salmon to 250 Chinook salmon. 
This action will allow for better fishing opportunities to harvest the 
remaining quota and subarea caps without exceeding them.

Inseason Action #9

    Description of the action: Inseason action #9 modifies the NOF 
commercial salmon troll fishery. The landing and possession limit in 
the area between the Queets River and the U.S./Canada border (La Push 
and Neah Bay subareas) is 40 Chinook salmon per vessel per landing week 
(Thursday-Wednesday) June 9, 2023, through June 21, 2023, and for the 
period June 22, 2023, through June 29, 2023.
    Effective dates: Inseason action #9 took effect on June 8, 2023, at 
12:01 a.m. and remains in effect until June 29, 2023, at 11:59 p.m.
    Reason for the action: Inseason action #9 increases the landing and 
possession limit in the area between the Queets River and the U.S./
Canada border (La Push and Neah Bay subareas) from 35 Chinook salmon to 
40 Chinook salmon. This action will allow for better fishing 
opportunities to harvest the remaining quota and subarea caps without 
exceeding them.

Inseason Action #10

    Description of the action: Inseason action #10 modifies the NOF 
commercial salmon troll fishery. The landing and possession limit in 
the area between the U.S./Canada border and Cape Falcon is 250 Chinook 
salmon per vessel per landing week (Thursday-Wednesday) June 8, 2023, 
through June 21, 2023, and for the period June 22, 2023, through June 
22, 2023, through June 29, 2023.
    Effective dates: Inseason action #10 took effect on June 8, 2023, 
at 12:01 a.m. and remains in effect until June 29, 2023, at 11:59 p.m.
    Reason for the action: Inseason action #10 increases the landing 
and possession limit in the area NOF from 200 Chinook salmon to 250 
Chinook salmon. This action will allow for better fishing opportunities 
to harvest the remaining quota without exceeding it.
    All other restrictions and regulations remain in effect as 
announced for the 2023 ocean salmon fisheries (88 FR 30235, May 11, 
2023).
    The RA determined that these inseason actions were warranted based 
on the best available information on Pacific salmon abundance 
forecasts, landings and effort patterns 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

[[Page 44739]]

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 (88 FR 30235, May 11, 
2023), 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: July 6, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-14721 Filed 7-12-23; 8:45 am]
BILLING CODE 3510-22-P