[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Rules and Regulations]
[Pages 65824-65826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20796]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230508-0124; RTID 0648-XD334]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Action #19-26

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 eight inseason actions for the 2023-2024 ocean 
salmon fishing season. These inseason actions modify the recreational 
and commercial salmon fisheries in the area from the U.S./Canada border 
to Cape Falcon, Oregon.

DATES: The effective dates 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remain in effect until superseded or modified.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 
commercial salmon troll and recreational fisheries, as set out under 
the heading Inseason Actions below.
    Consultation with the Council Chairman on these inseason actions 
occurred on July 26, 2023, August 15, 2023, August 17, 2023, and August 
25, 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 (STT) were also present. A Council representative was present on 
August 15, 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 #19

    Description of the action: Inseason action #19 modifies the NOF 
ocean salmon recreational fishery from the Queets River to Leadbetter 
Point (Westport Subarea--Marine Area 2). Retention of Chinook salmon is 
prohibited on Fridays and Saturdays. Possession of Chinook salmon is 
illegal when retention is prohibited in the area.
    Effective dates: Inseason action #19 takes effect on July 28, 2023, 
at 12:01 a.m., and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #19 was 
necessary to not exceed the Chinook salmon guideline due to high 
Chinook salmon catch and preserve the length of the season while 
continuing to allow access to coho salmon. The NMFS West Coast Regional 
Administrator (RA) determined that this inseason action is necessary to 
meet management and conservations 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 recreational bag limits under 50 CFR 
660.409(b)(1)(iii).

Inseason Action #20

    Description of the action: Inseason action #20 modifies the NOF

[[Page 65825]]

commercial salmon troll fishery. The area between the U.S./Canada 
border and Cape Falcon is open, the landing and possession limit 
decreased from 20 Chinook salmon and 150 adipose marked coho salmon per 
vessel per landing week (Thursday-Wednesday) to 7 Chinook salmon and 
100 adipose marked coho salmon per vessel per landing week (Thursday--
Wednesday).
    Effective dates: Inseason action #20 takes effect on August 17, 
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 #20 was 
necessary to avoid exceedance of the Chinook salmon guideline and 
maximize catch of the available coho salmon quota. The RA determined 
that this inseason action is necessary to meet management and 
conservations 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).

Inseason Action #21

    Description of the action: Inseason action #21 modifies the NOF 
ocean recreational salmon fishery. The area from the Queets River to 
Leadbetter Point (Marine Area 2--Westport Subarea) is open with a daily 
limit of two salmon, only one of which may be a Chinook salmon. All 
coho salmon must be marked with a healed adipose fin clip.
    Effective dates: Inseason action #21 takes effect on August 18, 
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: Due to larger than 
expected Chinook salmon catch, inseason action #21 was necessary to 
manage Chinook salmon catch to preserve the length of the season while 
avoiding exceedance of the Chinook salmon guideline and maximizing 
catch of the available coho salmon quota. The RA determined that this 
inseason action is necessary to meet management and conservations 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 recreational 
bag limits under 50 CFR 660.409(b)(1)(iii).

Inseason Action #22

    Description of the action: Inseason action #22 modifies the NOF 
commercial salmon troll fishery from the U.S./Canada border to Cape 
Falcon. The coho salmon quota is adjusted, on an impact neutral basis, 
from mark-selective to non-mark-selective. The adjusted non-mark-
selective coho salmon quota is 9,070. The landing and possession limit 
for coho salmon is modified to 100 coho salmon (marked or unmarked) per 
vessel per landing week (Thursday-Wednesday). The landing and 
possession limit for Chinook salmon remains 7 Chinook salmon per vessel 
per landing week (Thursday-Wednesday).
    Effective dates: Inseason action #22 takes effect on August 26, 
2023, at 12:01 a.m. and remains in effect until superseded.
    Reason and authorization for the action: Inseason action #22 was 
necessary to avoid exceedance of the Chinook salmon guideline and 
maximize catch of the available coho salmon quota. The RA determined 
that this inseason action is necessary to meet management and 
conservations 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).

Inseason Actions #23-#26

    Descriptions of the actions: Inseason actions #23-#26 modify the 
NOF recreational salmon fisheries.
     Inseason action #23, the coho salmon quota in the area 
from Cape Falcon to Leadbetter Point (Columbia River subarea--Marine 
Area 1) is adjusted on an impact neutral basis, from mark-selective to 
non-mark-selective. The non-mark-selective coho salmon quota is 21,740. 
The daily limit is modified to two salmon per day, only one of which 
may be a Chinook salmon.
     Inseason action #24, the coho salmon quota in the area 
from the Queets River to Leadbetter Point (Westport subarea--Marine 
Area 2) is adjusted on an impact neutral basis, from mark-selective to 
non-mark-selective. The non-mark-selective coho salmon quota is 16,010. 
The daily limit is modified to two salmon per day, only one of which 
may be a Chinook salmon.
     Inseason action #25, the coho salmon quota in the area 
from Cape Alava to the Queets River (La Push subarea--Marine Area 3) is 
adjusted on an impact neutral basis, from mark-selective to non-mark-
selective. The non-mark-selective coho salmon quota is 1,210. The daily 
limit is modified to two salmon per day; retention of chum salmon is 
prohibited.
     Inseason action #26, the coho salmon quota in the area 
from the U.S./Canada border to Cape Alava (Neah Bay subarea--Marine 
Area 4) is adjusted on an impact neutral basis, from mark-selective to 
non-mark-selective. The non-mark-selective coho salmon quota is 4,800. 
The daily limit is modified to two salmon per day; retention of chum 
salmon is prohibited. The portion of the subarea east of the Bonilla-
Tatoosh line is closed to fishing for salmon.
    Effective dates: Inseason actions #23-#26 take effect on August 26, 
2023, at 12:01 a.m. and remain in effect until superseded.
    Reason and authorization for actions #23-#26: Inseason actions #23-
#26 were necessary to allow for increased access to the coho salmon 
quota, which had not been fully used, while not exceeding the impact 
limits for protected Chinook salmon stocks. Quotas have been adjusted 
downward in a manner to ensure that impacts to non-mark-selective coho 
salmon are not increased from preseason expected rates. The annual 
management measures (88 FR 30235, May 11, 2023) provide for inseason 
action to modify the regulations that restrict retention of un-marked 
coho salmon fishery while still achieving management objectives, 
including not exceeding allowable impacts on constraining Chinook and 
coho salmon stocks. The STT calculated the necessary adjustments to the 
coho salmon quota on an impact neutral basis for the constraining 
stocks in the NOF area.
    The RA determined that these inseason actions are necessary to meet 
management and conservations 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. These 
inseason actions modified recreational bag limits authorized by 50 CFR 
660.409(b)(1)(iii).

[[Page 65826]]

    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; 88 FR 58522, August 28, 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 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 are 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: September 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-20796 Filed 9-25-23; 8:45 am]
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