[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53813-53814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17051]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230508-0124; RTID 0648-XD179]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Action #17

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 one inseason action for the 2023-2024 ocean 
salmon fishing season. This inseason action modifies the July-September 
sub-quota for the treaty Indian salmon fisheries in the area from the 
U.S./Canada border to Cape Falcon, Oregon.

DATES: The effective date for this inseason action is set out in this 
document under the heading ``Inseason Action'' 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in effect until superseded or modified.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 action described in this document affects the NOF 
treaty tribal salmon fisheries, as set out under the heading ``Inseason 
Action'' below.

Inseason Action

Inseason Action #17

    Description of the action: Inseason action #17 modifies the July-
September subquota for the treaty Indian salmon fishery north of Cape 
Falcon that was set preseason at 22,500 Chinook salmon, to 38,265 
Chinook salmon through an impact-neutral rollover of unused May-June 
subquota.
    Effective dates: Inseason action #17 took effect on July 1, 2023, 
and remains in effect until the end of the 2023 treaty Indian salmon 
season on September 15, 2023.
    Reason and authorization for the action: The tribal fisheries 
reported a remaining catch of 15,765 Chinook salmon in the May-June 
fishery subquota of 20,000. The Salmon Technical Team determined the 
overage can be rolled over to the July-September fishery on an impact-
neutral basis with a new Chinook salmon subquota of 38,265. The treaty 
tribes notified staff from NMFS, Council, and the Washington Department 
of Fish and Wildlife of the need for modification of the July-September 
quota. The NMFS West Coast Regional Administrator (RA) concurred with 
the quota modification. 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 2023 ocean salmon fisheries (88 FR 30235, May 11, 
2023; 88 FR 44737, July 13, 2023; 88 FR 51250, August 3, 2023) except 
as previously modified by inseason actions.
    The RA determined that this inseason action was 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

[[Page 53814]]

effective, by telephone hotline numbers 206-526-6667 and 800-662-9825.

Classification

    NMFS issued this action pursuant to section 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA). This action is 
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: August 4, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-17051 Filed 8-4-23; 4:15 pm]
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