[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Rules and Regulations]
[Pages 88832-88834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28267]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[RTID 0648-XD573]


Fraser River Pink Salmon Fisheries; Inseason Orders

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

ACTION: Temporary rule; inseason orders.

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SUMMARY: NMFS publishes inseason orders to regulate treaty tribal and 
non-tribal (all citizen) commercial salmon fisheries in United States 
(U.S.) waters of the Fraser River Panel (Panel) Area. The orders were 
issued by the (Panel) of the Pacific Salmon Commission (Commission) and 
subsequently approved and issued by NMFS during 2023 for pink salmon 
fisheries within the U.S. Panel Area. These orders established fishing 
dates, times, and areas for the gear types of U.S. treaty tribal and 
all citizen commercial fisheries during the period the Panel exercised 
jurisdiction over these fisheries.

DATES: The effective dates for the inseason orders are set out in this 
document under the heading Inseason Orders.

FOR FURTHER INFORMATION CONTACT: Anthony Siniscal at 971-322-8407, 
email: [email protected].

SUPPLEMENTARY INFORMATION: The Treaty between the Government of the 
United States of America and the Government of Canada concerning 
Pacific salmon was signed at Ottawa on January 28, 1985, and 
subsequently was given effect in the United States by the Pacific 
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
    Under authority of the Act, Federal regulations at 50 CFR part 300, 
subpart F, provide a framework for the implementation of certain 
regulations of the Commission and inseason orders of the Commission's 
Panel for U.S. sockeye and pink salmon fisheries in the Fraser River 
Panel Area.
    The regulations close the U.S. portion of the Panel Area to U.S. 
sockeye and pink salmon tribal and non-tribal commercial fishing unless 
opened by Panel regulations that are given effect by inseason orders 
issued by NMFS (50 CFR 300.94(a)(1)). During the fishing season, NMFS 
may issue inseason orders that establish fishing times and areas 
consistent with the Commission agreements and regulations of the Panel. 
Such orders must be consistent with domestic legal obligations and are 
issued by the Regional Administrator, West Coast Region, NMFS. Official 
notification of these inseason actions is provided by two telephone 
hotline numbers described at 50 CFR 300.97(b)(1) and in 84 FR 19729 
(May 6, 2019). The inseason orders are published in the Federal 
Register as soon as practicable after they are issued. Due to the 
frequency with which inseason orders are issued, publication of orders 
during the fishing season is impracticable.

Inseason Orders

    NMFS issued the following inseason orders for U.S. fisheries within 
Panel Area waters during the 2023 fishing season, consistent with the 
orders adopted by the Panel. Each of the following inseason actions was 
effective upon announcement on telephone hotline numbers as specified 
at 50 CFR 300.97(b)(1) and in 88 FR 30235 (May 11, 2023); those dates 
and times are listed herein. The times listed are local times, and the 
areas designated are Puget Sound Management and Catch Reporting Areas 
as defined in the Washington State Administrative Code at Chapter 220-
301-030.

Fraser River Panel Order Number 2023-01: Issued 3:30 p.m., August 18, 
2023

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m. 
(noon), Saturday, August 19, 2023, through 12 p.m. (noon), Tuesday, 
August 22, 2023.
    Areas 6, 7, and 7A: Open for net fishing from 5 a.m. through 9 
p.m., Sunday, August 20, 2023.

[[Page 88833]]

Fraser River Panel Order Number 2023-02: Issued 4:30 p.m., August 22, 
2023

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Tuesday, August 22, 2023 through 12 p.m. (noon), Friday, August 
25, 2023. Sockeye must be released.
    Areas 6, 7, and 7A: Open for net fishing from 5 a.m. through 9 
p.m., Wednesday, August 23, 2023 and 5 a.m. through 9 p.m., Friday, 
August 25, 2023. Sockeye must be released.
All Citizen Fishery
    Areas 7 and 7A: Open for purse seine fishing from 5 a.m. through 9 
p.m., Thursday, August 24, 2023 and 5 a.m. through 9 p.m., Friday, 
August 25, 2023. Sockeye must be released.
    Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through 
11:59 p.m., Thursday, August 24, 2023 and 8 a.m. through 11:59 p.m., 
Friday, August 25, 2023. Sockeye must be released.
    Areas 7: Open for reef net fishing 5 a.m. through 9 p.m., 
Wednesday, August 23, 2023, 5 a.m. through 9 p.m., Thursday, August 24, 
2023, and 5 a.m. through 9 p.m., Friday, August 25, 2023. Sockeye must 
be released.

Fraser River Panel Order Number 2023-03: Issued 2:30 p.m., August 25, 
2023

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Friday, August 25, 2023 through 12 p.m. (noon), Wednesday, 
August 30, 2023. Sockeye must be released.
    Areas 6, 7, and 7A: Open for net fishing 5 a.m., Saturday, August 
26, 2023 through 9 a.m., Wednesday, August 30, 2023. Sockeye must be 
released.
All Citizen Fishery
    Areas 7 and 7A: Open for purse seine fishing 5 a.m. through 9 p.m., 
Saturday, August 26, 2023; 5 a.m. through 9 p.m., Sunday, August 27, 
2023; 5 a.m. through 9 p.m., Monday, August 28, 2023; and 5 a.m. 
through 9 p.m., Tuesday, August 29, 2023. Sockeye must be released.
    Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through 
11:59 p.m., Saturday, August 26, 2023; 8 a.m. through 11:59 p.m., 
Sunday, August 27, 2023; 8 a.m. through 11:59 p.m., Monday, August 28, 
2023; and 8 a.m. through 11:59 p.m., Tuesday, August 29, 2023. Sockeye 
must be released.
    Area 7: Open for reef net fishing 5 a.m. through 9 p.m., Saturday, 
August 26, 2023; 5 a.m. through 9 p.m., Sunday, August 27, 2023; 5 a.m. 
through 9 p.m., Monday, August 28, 2023; and 5 a.m. through 9 p.m., 
Tuesday, August 29, 2023. Sockeye must be released.

Fraser River Panel Order Number 2023-04: 1:30 p.m., Issued August 29, 
2023

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, August 30, 2023 through 12 p.m. (noon), Friday, 
September 1, 2023. Sockeye must be released.
    Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Wednesday, 
August 30, 2023 through 9 a.m., Saturday, September 2, 2023. Sockeye 
must be released.
All Citizen Fishery
    Areas 7 and 7A: Open for purse seine fishing 5 a.m. through 9 p.m., 
Wednesday, August 30, 2023; 5 a.m. through 9 p.m., Thursday, August 31, 
2023; and 5 a.m. through 9 p.m., Friday, September 1, 2023. Sockeye 
must be released.
    Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through 
11:59 p.m., Wednesday, August 30, 2023; 8 a.m. through 11:59 p.m., 
Thursday, August 31, 2023; and 8 a.m. through 11:59 p.m., Friday, 
September 1, 2023. Sockeye must be released.
    Area 7: Open for reef net fishing 5 a.m. through 9 p.m., Wednesday, 
August 30, 2023; 5 a.m. through 9 p.m., Thursday, August 31, 2023; and 
5 a.m. through 9 p.m., Friday, September 1, 2023. Sockeye must be 
released.

Fraser River Panel Order Number 2023-05: Issued 1:30 p.m., September 1, 
2023

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Friday, September 1, 2023 through 12 p.m. (noon), Wednesday, 
September 6, 2023. Sockeye must be released.
    Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Saturday, 
September 2, 2023 through 9 a.m., Wednesday, September 6, 2023. Sockeye 
must be released.
All Citizen Fishery
    Areas 7 and 7A: Open for purse seine fishing 5 a.m. through 9 p.m., 
Saturday, September 2, 2023; 5 a.m. through 9 p.m., Sunday, September 
3, 2023; 5 a.m. through 9 p.m., Monday, September 4, 2023; and 5 a.m. 
through 9 p.m., Tuesday, September 5, 2023. Sockeye must be released.
    Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through 
11:59 p.m., Saturday, September 2, 2023; 8 a.m. through 11:59 p.m., 
Sunday, September 3, 2023; 8 a.m. through 11:59 p.m., Monday, September 
4, 2023; and 8 a.m. through 11:59 p.m., Tuesday, September 5, 2023. 
Sockeye must be released.
    Area 7: Open for reef net fishing 5 a.m. through 9 p.m., Saturday, 
September 2, 2023; 5 a.m. through 9 p.m., Sunday, September 3, 2023; 5 
a.m. through 9 p.m., Monday, September 4, 2023; and 5 a.m. through 9 
p.m., Tuesday, September 5, 2023. Sockeye must be released.

Fraser River Panel Order Number 2023-06: Issued 12:00 p.m., September 
5, 2023

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, September 6, 2023 through 12 p.m. (noon), Saturday, 
September 9, 2023. Sockeye must be released.
    Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Wednesday, 
September 6, 2023 through 9 a.m., Saturday, September 9, 2023. Sockeye 
must be released.
All Citizen Fishery
    Areas 7 and 7A: Open for purse seine fishing 5 a.m. through 9 p.m., 
Wednesday, September 6, 2023; 5 a.m. through 9 p.m., Thursday, 
September 7, 2023; and 5 a.m. through 9 p.m., Friday, September 8, 
2023. Sockeye must be released.
    Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through 
11:59 p.m., Wednesday, September 6, 2023; 8 a.m. through 11:59 p.m., 
Thursday, September 7, 2023; and 8 a.m. through 11:59 p.m., Friday, 
September 8, 2023. Sockeye must be released.
    Area 7: Open for reef net fishing 5 a.m. through 9 p.m., Wednesday, 
September 6, 2023; 5 a.m. through 9 p.m., Thursday, September 7, 2023; 
5 a.m. through 9 p.m., and Friday, September 8, 2023. Sockeye must be 
released.

Fraser River Panel Order Number 2023-07: Issued 12:00 p.m., September 
8, 2023

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Relinquish regulatory control effective 11:59 
p.m., Saturday, September 9, 2023.
    Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Saturday, 
September 9, 2023 through 9 a.m., Wednesday, September 13, 2023. 
Sockeye must be released.
All Citizen Fishery
    Areas 7 and 7A: Open for purse seine fishing 5:30 a.m. through 9 
p.m., Saturday, September 9, 2023; 5:30 a.m. through 9 p.m., Sunday, 
September 10, 2023; 5:30 a.m. through 9 p.m., Monday,

[[Page 88834]]

September 11, 2023; and 5:30 a.m. through 9 p.m., Tuesday, September 
12, 2023. Sockeye must be released.
    Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through 
9 p.m., Saturday, September 9, 2023; 8 a.m. through 9 p.m., Sunday, 
September 10, 2023; 8 a.m. through 9 p.m., Monday, September 11, 2023; 
and 8 a.m. through 9 p.m., Tuesday, September 12, 2023. Sockeye must be 
released.
    Area 7: Open for reef net fishing 5:30 a.m. through 9 p.m., 
Saturday, September 9, 2023; 5:30 a.m. through 9 p.m., Sunday, 
September 10, 2023; 5:30 a.m. through 9 p.m., Monday, September 11, 
2023; and 5:30 a.m. through 9 p.m., Tuesday, September 12, 2023. 
Sockeye must be released.

Fraser River Panel Order Number 2023-08: Issued 12:00 p.m., September 
12, 2023

Treaty Tribal Fishery
    Areas 6, 7, and 7A: Extend for net fishing from 9 a.m. through 
11:59 p.m., Wednesday, September 13, 2023. Sockeye must be released.
Treaty Tribal and All Citizen Fisheries
    Areas 6, 7, and 7A, excluding the Apex: Relinquish regulatory 
control effective 11:59 p.m., Wednesday, September 13, 2023. The Apex 
is those waters north and west of the Area 7A ``East Point Line,'' 
defined as a line projected from the low water range marker in Boundary 
Bay on the International Boundary through the east tip of Point Roberts 
in the state of Washington to the East Point light on Saturna Island in 
the Province of British Columbia.

Classification

    The Assistant Administrator for Fisheries NOAA (AA), finds that 
good cause exists for the inseason orders to be issued without 
affording the public prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is 
impracticable and contrary to the public interest. Prior notice and 
opportunity for public comment is impracticable because of insufficient 
time between the time the stock abundance information is available to 
determine how much fishing can be allowed and the time the fishery must 
open or close in order to harvest the appropriate amount of fish while 
they are available.
    The AA also finds good cause to waive the 30-day delay in the 
effective date, required under 5 U.S.C. 553(d)(3), of the inseason 
orders. A delay in the effective date of the inseason orders would not 
allow fishers appropriately controlled access to the available fish at 
that time they are available.
    This action is authorized by 50 CFR 300.97, and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 3636(b).

    Dated: December 19, 2023.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-28267 Filed 12-22-23; 8:45 am]
BILLING CODE 3510-22-P