[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Rules and Regulations]
[Pages 53530-53532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14113]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230508-0124; RTID 0648-XD952]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #32 Through #35

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

ACTION: Inseason modification of 2023-2024 management measures.

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SUMMARY: NMFS announces four inseason actions for the 2024 portion of 
the 2023-2024 ocean salmon fisheries. These inseason actions modify the 
recreational and commercial salmon fisheries in the area from the 
United States/Canada border to the United States/Mexico border.

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remain in effect until superseded or modified.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 2023-2024 ocean salmon 
fisheries (88 FR 30235, May 11, 2023) govern the commercial and 
recreational fisheries in the area from the United States/Canada border 
to the United States/Mexico border, effective from 0001 hours Pacific 
Daylight Time (PDT), May 16, 2023, until the effective date of the 
2024-2025 management measures, as published in the Federal Register. 
These measures include early season fisheries in March through mid-May 
of 2024 that may be adjusted through inseason action when abundance 
forecasts for 2024 salmon returns become available. NMFS is authorized 
to implement inseason management actions to modify fishing seasons, 
catch limits, 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) (United States/Canada border to Cape 
Falcon, OR), and south of Cape Falcon (SOF) (Cape Falcon, OR, to the 
United States/Mexico border). The actions described in this document 
affect the SOF and NOF commercial and recreational fisheries, as set 
out under the heading Inseason Actions below.
    Consultation with the Council Chairman on these inseason actions 
occurred on March 10, 2024, and April 23, 2024. These consultations 
included

[[Page 53531]]

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 March 10, 2024, and April 23, 2024.
    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

Reason and Authorization for Inseason Actions #32-#34

    At its March 5-11, 2024, meeting, the STT presented updated stock 
abundance forecasts for salmon stocks managed under the Pacific Coast 
Salmon Fishery Management Plan (FMP). Based on the STT's report, SOF 
ocean salmon fisheries will be constrained in 2024 by the very low 
abundance forecasts for Klamath River fall-run Chinook (KRFC) salmon 
and Sacramento River fall-run Chinook (SRFC) salmon. KRFC salmon 
continue to meet the criteria for overfished, which was determined 
under the Magnuson-Stevens Fishery Conservation and Management Act 
(MSA) in 2018. In 2021, NMFS determined that SRFC had achieved rebuilt 
status (87 FR 25429) due to several years of higher escapements. 
However, the Sacramento River has been experiencing low flows and high 
temperatures in recent years associated with decades of frequent 
droughts; these conditions have adversely affected the stock. KRFC 
Chinook salmon expected abundance is low enough that the stock will be 
managed under the de minimus provisions of the harvest control rule in 
the FMP. In addition, the abundance of these stocks has been 
substantially over-forecast in recent years, and escapement have been 
much lower than anticipated preseason. To reduce the impacts on KRFC 
salmon and SRFC salmon given the low forecasts, NMFS took three 
inseason actions on March 11, 2024, concurrent with the March Council 
meeting to restrict some fisheries that were previously scheduled to 
open prior to May 16, 2023 (88 FR 30235, May 11, 2023).
    The NMFS West Coast Regional Administrator (RA) considered the 
abundance forecasts for Chinook salmon stocks and the projected impacts 
in the ocean salmon fisheries, as modeled by the STT, and determined 
that the inseason actions described below are necessary to meet 
management and conservation goals set preseason. These inseason actions 
modify landing and possession limits, quotas and/or fishing seasons 
under 50 CFR 660.409(b)(1)(i).

Inseason Action #32

    Description of the action: Inseason action #32 modifies the SOF 
commercial salmon troll fishery. In the area between Cape Falcon, OR, 
and Humbug Mountain, OR, the commercial salmon troll fishery, is closed 
from March 15, 2024, at 12:01 a.m. through April 16, 2024, at 11:59 
p.m.
    Effective dates: Inseason action #32 takes effect on March 15, 
2024, at 12:01 a.m. and remains in effect until April 16, 2024, at 
11:59 p.m.

Inseason Action #33

    Description of the action: Inseason action #32 modifies the SOF 
commercial salmon troll fishery. In the area between Humbug Mountain 
and the Oregon/California border, the commercial salmon troll fishery 
is closed from March 15, 2024, at 12:01 a.m. through April 16, 2024, at 
11:59 p.m.
    Effective dates: Inseason action #33 takes effect on March 15, 
2024, at 12:01 a.m. and remains in effect until April 16, 2024, at 
11:59 p.m.

Inseason Action #34

    Description of the action: Inseason action #34 modifies the ocean 
salmon recreational fishery and the ocean salmon troll commercial 
fishery from the Oregon/California border to the United States/Mexico 
border. These fisheries are closed through May 15, 2024 or until 
superseded.
    Effective dates: Inseason action #34 takes effect for the following 
areas and dates, and remains in effect until superseded.
     Effective May 1, 2024, at 12:01 a.m. for the ocean salmon 
troll commercial fishery from the Oregon/California border to Humboldt 
South Jetty (California Klamath Management Zone).
     Effective April 16, 2024, at 12:01 a.m. for the ocean 
salmon troll commercial fishery from lat. 40[deg]10' N to Point Arena, 
CA (Fort Bragg management area).
     Effective May 1, 2024, at 12:01 a.m. for the ocean salmon 
troll commercial fishery from Point Arena, CA, to Pigeon Point, CA (San 
Francisco management area).
     Effective May 1, 2024, at 12:01 a.m. for the ocean salmon 
troll commercial fishery from Pigeon Point, CA, to the United States/
Mexico border (Monterey management area).
     Effective May 1, 2024, at 12:01 a.m. for the ocean salmon 
recreational fishery from the Oregon/California border to latitude 
40[deg]10' N (California Klamath Management Zone).
     Effective April 6, 2024, at 12:01 a.m. for the ocean 
salmon recreational fishery from latitude 40[deg]10' N and Point Arena, 
CA (Fort Bragg management area).
     Effective April 6, 2024, at 12:01 a.m. for the ocean 
salmon recreational fishery from Point Arena, CA to Pigeon Point, CA 
(San Francisco Management Area),
     Effective April 6, 2024, at 12:01 a.m. for the ocean 
salmon recreation fishery from Pigeon Point, CA to the United States/
Mexico border (Monterey Management Area),

Inseason Action #35

    Reason and authorization for the action: The 2023-2024 annual 
management measures for ocean salmon fisheries (88 FR 30235, May 11, 
2023) established a May-June commercial salmon fishery that included 
NOF subarea quotas that were based on information available at the time 
the 2023 management measures were adopted. The 2023 management measures 
allow for inseason action to adjust fisheries scheduled to occur from 
March 15, 2024, through May 15, 2024 (or until the effective date of 
the 2024 management measures), in response to new information on 2024 
salmon stock abundance forecasts and northern salmon fisheries impacts, 
to keep fisheries impacts within management objectives and consistent 
with conservation needs. In addition to adjusted quotas, the Council 
adopted a weekly landing and possession limit based on the calendar 
week (Thursday-Wednesday). Under the 2023-2024 regulations, the fishery 
opens on May 1, 2024, with an 8-day calendar week (Wednesday-
Wednesday). Inseason action adjusts the landing and possession limits 
for the week of May 1, 2024, through May 8, 2024. Beginning May 9, 
2024, the fishery reverts to the Thursday-Wednesday landing week.
    The RA considered the abundance forecasts for Chinook salmon 
stocks, the timing of the action relative to the length of the season, 
and determined that the inseason action described above is necessary to 
meet management and conservation goals set preseason. This inseason 
action modifies quotas and/or fishing seasons, and landing boundaries 
under 50 CFR 660.409(b)(1)(i) and (v).
    Description of the action: Inseason action #35 modifies the ocean 
salmon troll commercial fishery from the United

[[Page 53532]]

States/Canada border to Cape Falcon, OR.
    Effective dates: Inseason action #35 takes effect for the following 
areas and dates, and remains in effect until superseded.
     Effective May 1, 2024, at 12:01 a.m., the quota for the 
May-June fishery is modified to 24,600 Chinook salmon, no more than 
5,600 of which may be caught in the area between the United States/
Canada border and the Queets River and no more than 5,710 of which may 
be caught in the area between Leadbetter Point and Cape Falcon.
     Effective May 1, 2024, at 12:01 a.m., the landing and 
possession limit for the entire area between Cape Falcon and the United 
States/Canada border is 150 Chinook salmon per vessel for the period 
May 1, 2024, through May 8, 2024, and 150 Chinook salmon per vessel per 
landing week (Thursday through Wednesday) beginning May 9, 2024, at 
12:01 a.m.
     Effective May 1, 2024, at 12:01 a.m., the landing and 
possession limit in the area between the United States/Canada border 
and the Queets River is 60 Chinook salmon per vessel for the period May 
1, 2024, through May 8, 2024, and 60 Chinook salmon per vessel per 
landing week (Thursday through Wednesday) beginning May 9, 2024, at 
12:01 a.m.
     Effective May 1, 2024, at 12:01 a.m., the landing and 
possession limit in the area between the Queets River and Leadbetter 
Point is 150 Chinook salmon per vessel for the period May 1, 2024, 
through May 8, 2024, and 150 Chinook salmon per vessel per landing week 
(Thursday through Wednesday) beginning May 9, 2024, at 12:01 a.m.
     Effective May 1, 2024, at 12:01 a.m., the landing and 
possession limit in the area between Leadbetter Point and Cape Falcon 
is 60 Chinook salmon per vessel for the period May 1, 2024, through May 
8, 2024, and 60 Chinook salmon per vessel per landing week (Thursday 
through Wednesday) beginning May 9, 2024, 12:01 a.m.
     Effective May 1, 2024, at 12:01 a.m., vessels fishing in a 
subarea north of Cape Falcon with a higher landing and possession limit 
may transit through and land in a subarea with a lower landing and 
possession limit, provided they meet reporting requirements when 
crossing the subarea boundary lines at Leadbetter Point or Queets 
River.
    All other restrictions and regulations remain in effect as 
announced for the 2023-2024 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; 88 FR 65824, 
September 26, 2023; 88 FR 77533, November 13, 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 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, 
2024), 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: June 24, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-14113 Filed 6-26-24; 8:45 am]
BILLING CODE 3510-22-P