[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Rules and Regulations]
[Pages 51250-51252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16516]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230508-0124; RTID 0648-XD128]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #11-#16

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 six inseason actions for the 2023-2024 ocean 
salmon fishing season. These inseason actions modify the commercial and 
recreational salmon fisheries in the area from the U.S./Canada border 
to the U.S./Mexico border.

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remain in effect until superseded or modified.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 (SOF) (Cape Falcon, OR, to the U.S./
Mexico border). The actions described in this document affect the NOF 
and SOF commercial salmon troll fisheries, as set out under the heading 
``Inseason Actions'' below.
    Consultation with the Council Chairperson on these inseason actions 
occurred on June 21, 2023, June 24, 2023, June 30, 2023, July 6, 2023, 
and July 11, 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 June 
21, 2023, June 24, 2023, and July 6, 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

Inseason Action #11

    Description of the action: Inseason action #11 modifies the NOF 
ocean salmon troll commercial fishery. The area between the U.S./Canada 
border and Cape Falcon is closed.
    Effective dates: Inseason action #11 took effect on June 21, 2023, 
at 11:59 p.m. and remains in effect until June 30, 2023, at 11:59 p.m.
    Reason and authorization for the action: Inseason action #11 was 
necessary to avoid exceeding the area of NOF quota for Chinook salmon. 
The NMFS West Coast Regional Administrator (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 this inseason 
action is necessary to meet management and conservations goals for the 
2023-2024 management measures. This inseason action modified quotas 
and/or fishing seasons under 50 CFR 660.409(b)(1)(i).

Inseason Action #12

    Description of the action: Inseason action #12 modifies the NOF 
ocean salmon troll commercial fishery in the area between the U.S./
Canada border and Cape Falcon. The landing and possession limit is 11 
Chinook salmon per vessel for the period June 24, 2023, through June 
29, 2023.
    Effective dates: Inseason action #12 took effect on June 24, 2023, 
at 12:01 a.m., and remains in effect until June 29, 2023, at 11:59 p.m.
    Reason and authorization for the action: The total Chinook salmon

[[Page 51251]]

landings in the area from the U.S./Canada border to Cape Falcon are 
estimated to be 25,148 Chinook salmon out of the May-June 2023 quota of 
26,000 Chinook salmon leaving a remainder of 248 Chinook salmon quota. 
Inseason action was necessary to allow opportunity to catch the 
remainder of the Chinook salmon quota, while limiting catch to ensure 
that the quota is not exceeded.
    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 this inseason action is necessary to meet 
management and conservations goals for the 2023-2024 management 
measures. This inseason action modified quotas and/or fishing seasons 
under 50 CFR 660.409(b)(1)(i).

Inseason Action #13

    Description of the action: Inseason action #13 modifies the NOF 
ocean salmon troll commercial fishery in the area between the U.S./
Canada border and Cape Falcon. The landing and possession limit was 
increased from 11 Chinook salmon per vessel per landing week to 50 
Chinook salmon per vessel per landing week (Thursday-Wednesday).
    Effective dates: Inseason action #13 took effect on July 1, 2023 at 
12:01 a.m., and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #13 was 
necessary to preserve the season length and allow access to the Chinook 
and coho salmon quota.
    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 this inseason action is necessary to meet 
management and conservations goals for the 2023-2024 management 
measures. This inseason action modified quotas and/or fishing seasons 
under 50 CFR 660.409(b)(1)(i).

Inseason Action #14

    Description of the action: Retention of halibut caught incidental 
to the commercial salmon troll fishery (U.S./Canada border to the U.S./
Mexico border) is extended past June 30, 2023, and remains in effect 
until superseded.
    Effective dates: Inseason action #14 took effect on July 1, 2023, 
at 12:01 a.m. and remains in effect until superseded.
    Reason and authorization for the action: The 2023 salmon management 
measures (88 FR 30235, May 11, 2023) authorize the retention of Pacific 
halibut caught incidental to the commercial salmon troll fishery in 
2023 during April, May, and June, and after June 30, 2023, if quota 
remains and is announced on the NMFS telephone hotline for salmon 
fisheries. The remaining available incidental Pacific halibut quota for 
the commercial salmon troll fishery is 12,674 pounds (5748.8 kg; head 
off), as of June 29, 2023, leaving 75.5 percent of the quota 
unharvested.
    The RA considered the landed catch of Pacific halibut to date and 
the amount of quota remaining, and determined that this inseason action 
was necessary to meet management and conservations goals for the 2023-
2024 management measures for catch sharing of halibut. Inseason 
modification of the species that may be caught and landed during 
specific seasons is authorized by 50 CFR 660.409(b)(1)(ii).

Inseason Action #15

    Description of the action: Inseason action #15 modifies the 
recreational fishery between the U.S./Canada border and the Queets 
River (Neah Bay and La Push subareas), daily limit of two salmon per 
day.
    Effective date: Inseason action #15 took effect on July 8, 2023, at 
12:01 a.m., and remains in effect until September 30, 2023, at 11:59 
p.m.
    Reason and authorization for the action: In the area from the U.S./
Canada border to the Queets River (Neah Bay and La Push subareas), the 
catch limit was adjusted from two salmon per day, of which only one may 
be a Chinook salmon, to two salmon per day with no separate limit on 
the number of Chinook salmon per day. Inseason action #15 was necessary 
to allow for an increase in Chinook salmon retention and provide 
greater fishing opportunity for the public to access the available 
Chinook salmon quota.
    The RA considered the 2023 abundance forecasts for Chinook salmon 
stocks, and the timing of the action relative to the length of the 
season, as well as the catch to date, and determined that this inseason 
action is necessary to meet management and conservations goals for the 
2023-2024 management measures. Inseason action to modify bag limits is 
authorized under 50 CFR 660.409(b)(1)(iii).

Inseason Action #16

    Description of the action: Inseason action #16 modifies the NOF 
ocean salmon troll commercial fishery in the area between the U.S./
Canada border and Cape Falcon. The landing and possession limit is 
decreased from 50 Chinook salmon per vessel per landing week to 35 
Chinook salmon per vessel per landing week (Thursday-Wednesday).
    Effective date: Inseason action #16 took effect on July 13, 2023, 
at 12:01 a.m., and remains in effect until September 30, 2023, at 11:59 
p.m.
    Reason and authorization for the action: Inseason action #16 was 
necessary to slow the rate of Chinook salmon catch in order to preserve 
the length of the salmon fishing season by setting a lower landing and 
possession limit. 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 this inseason action is necessary to 
meet management and conservations goals for the 2023-2024 management 
measures. This inseason action modified 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 2023 ocean salmon fisheries (88 FR 30235, May 11, 
2023; 88 FR 44737, July 13, 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 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

[[Page 51252]]

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 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-16516 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-22-P