[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Rules and Regulations]
[Pages 58522-58523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18512]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230508-0124; RTID 0648-XD191]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Action #18

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 commercial 
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 action remains 
in effect until superseded or modified.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,

[[Page 58523]]

to the U.S./Mexico border). The actions described in this document 
affect the NOF commercial salmon troll fisheries, as set out under the 
heading Inseason Action below.
    Consultation with the Council Chairperson on this inseason action 
occurred on July 19, 2023. This consultation 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.
    This inseason action was 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 Action

Inseason Action #18

    Description of the action: Inseason action #18 modifies the NOF 
ocean salmon troll commercial fishery.
    Effective dates: Inseason action #18 takes effect for the following 
areas and dates, and remains in effect until superseded.
     Effective July 20, 2023, at 12:01 a.m., through Wednesday, 
July 26, 2023, at 11:59 p.m., in the area between the U.S./Canada 
border and Cape Falcon, the landing possession limit is decreased from 
35 Chinook salmon and 150 adipose marked coho salmon per vessel per 
landing week to 30 Chinook salmon and 150 adipose marked coho salmon 
per vessel per landing week (Thursday-Wednesday).
     Effective July 27, 2023, at 12:01 a.m., through August 2, 
2023, at 11:59 p.m., in the area between the U.S./Canada border and 
Cape Falcon, the landing and possession limit is decreased from 30 
Chinook salmon and 150 adipose marked coho salmon per vessel per 
landing week to 20 Chinook salmon and 150 adipose marked coho salmon 
per vessel per landing week (Thursday-Wednesday).
     Effective August 3, 2023, at 12:01 a.m., the area between 
the U.S./Canada border and Cape Falcon is closed.
    Reason and authorization for the action: Inseason action #18 was 
necessary to progressively slow the rate of Chinook salmon catch in 
order to preserve the length of the salmon fishing season by setting 
lower landing and possession limits. The NMFS West Coast Regional 
Administrator (RA) determined that this inseason action is necessary to 
meet management and conservation goals for the 2023-2024 management 
measures after considering the best available information on the 2023 
abundance forecasts for Chinook salmon stocks, landings and effort 
patterns to date, anticipated fishery effort and projected catch, the 
timing of the action relative to the length of the season, and the 
other factors and considerations set forth in 50 CFR 660.409. 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, 88 FR 51250, August 3, 2023; 88 FR 
53813, August 9, 2023) except as previously modified by inseason 
actions.
    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 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 23, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-18512 Filed 8-25-23; 8:45 am]
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