[Federal Register Volume 89, Number 147 (Wednesday, July 31, 2024)]
[Rules and Regulations]
[Pages 61355-61356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16866]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 240514-0137; RTID 0648-XE075]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #1 Through #3

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

ACTION: Inseason modification of 2024-2025 management measures.

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SUMMARY: NMFS announces three inseason actions for the 2024-2025 ocean 
salmon fishing season. These inseason actions modify the commercial 
salmon troll fisheries in the area from the U.S./Canada border to the 
Oregon/California 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remain in effect until the dates identified or until superseded.

FOR FURTHER INFORMATION CONTACT: Anna Heeter, 425-606-1814, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The annual management measures for the 2024 and early 2025 ocean 
salmon fisheries (89 FR 44553, May 21, 2024) 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, 2024, until the effective date of the 2025 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 
commercial salmon troll fisheries and SOF recreational fisheries, as 
set out under the heading ``Inseason Actions'' below.
    Consultation with the Council Chairperson on these inseason actions 
occurred on May 16, 2024, and on June 18, 2024. 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 were also present. A 
Council representative was present on May 16, 2024, and June 18, 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

Inseason Action #1

    Description of the action: Inseason action #1 modifies the NOF 
ocean salmon troll commercial fishery from the U.S./Canada border to 
Cape Falcon, OR.
    Effective dates: Inseason action #1 takes effect for the following 
areas and dates, and remains in effect until superseded.
     Effective 12:30 p.m. Thursday, May 16, 2024, for the ocean 
salmon troll commercial fishery, the landing and possession limit for 
the entire area between Cape Falcon and the U.S./Canada border is 
increased from 150 Chinook salmon per vessel per landing week (Thursday 
through Wednesday) to 225 Chinook salmon per vessel per landing week 
(Thursday through Wednesday).
     Effective 12:30 p.m. Thursday, May 16, 2024, for the ocean 
salmon troll commercial fishery, the landing and possession limit in 
the area between the U.S./Canada border and the Queets River is 
increased from 60 Chinook salmon per vessel per landing week (Thursday-
Wednesday) to 70 Chinook salmon per vessel per landing week (Thursday 
through Wednesday).
     Effective 12:30 p.m. Thursday, May 16, 2024, for the ocean 
salmon troll commercial fishery, the landing and possession limit in 
the area between the Queets River and Leadbetter Point is increased 
from 150 Chinook salmon per vessel per landing week (Thursday through 
Wednesday) to 225 Chinook salmon per vessel per landing week (Thursday 
through Wednesday).
     Effective 12:30 p.m. Thursday, May 16, 2024, for the ocean 
salmon troll commercial fishery, the landing and possession limit in 
the area between Leadbetter Point and Cape Falcon is increased from 60 
Chinook salmon per vessel per landing week (Thursday through Wednesday) 
to 80 Chinook salmon per vessel per landing week (Thursday through 
Wednesday).
    Reason and authorization for the action: Due to lower than 
anticipated catch rates, this action will result in increased fishing 
interest and allow greater access to the quota for the area without 
exceeding it.
    The NMFS West Coast Regional Administrator (RA) considered the 2024

[[Page 61356]]

abundance forecasts for Chinook salmon stocks, the timing of the 
actions relative to the length of the season, and determined that this 
inseason action is necessary to meet management and conservations goals 
for the 2024-2025 management measures. This inseason action modified 
quotas and/or fishing seasons under 50 CFR 660.409(b)(1)(i).

Inseason Action #2

    Description of the action: Inseason action #2 modifies the SOF 
recreational ocean salmon fishery in the Klamath Management Zone (KMZ) 
between Humbug Mountain and the Oregon/California border. All salmon 
harvested in the recreational ocean salmon fishery between Humbug 
Mountain and the Oregon/California border through October 31, 2024, 
must be landed north of the Oregon/California border.
    Effective dates: Inseason action #2 takes effect at 12:30 p.m. on 
Thursday, May 16, 2024, and remains in effect through October 31, 2024.
    Reason and authorization for the action: The closure of commercial 
and recreational ocean salmon fisheries in California in 2024 presented 
a scenario in the KMZ between Humbug Mountain and Latitude 40[deg]10' N 
(California KMZ) where recreational fishing opportunity is open on the 
Oregon side of the KMZ but not on the California side of the KMZ, in 
order to protect California Chinook salmon and coho salmon. An 
enforcement concern was subsequently identified, in that the original 
2024-2025 rules do not expressly prohibit landing salmon in the closed 
area. Allowing California vessels to land salmon in California would 
hinder enforcement efforts, as it might not be possible to determine 
whether landed fish were caught legally in Oregon or caught unlawfully 
within the closed area, thereby undermining the original intent of the 
closure. This inseason action clarifies that salmon may not be caught 
or landed within the closed area. With full closures in California 
there are not sufficient monitoring programs in place to adequately 
sample and estimate salmon landings brought into California from Oregon 
which could compromise managers ability to assess fishing impacts 
against conservation objectives. This inseason action would clarify 
that landing of salmon in California is prohibited to address the 
enforcement and monitoring concerns discussed above.
    The RA considered port access issues and the need to monitor 
landings to assess fishing impacts, and determined that this inseason 
action was necessary to meet management and conservation objectives. 
These inseason action clarifies landing boundaries under 50 CFR 
660.409(b)(1)(v).

Inseason Action #3

    Description of the action: Inseason action #3 modifies the NOF 
commercial ocean salmon fishery. The area between the U.S./Canada 
border and Cape Falcon is closed.
    Effective dates: Inseason action #3 takes effect at 11:59 p.m. on 
Wednesday, June 19, 2024, and remains in effect through June 30, 2024, 
at 11:59 p.m.
    Reason and authorization for the action: Inseason action #3 is 
necessary to avoid exceeding the NOF quota for Chinook salmon. The RA 
considered the 2024 abundance forecasts for Chinook salmon stocks, the 
catch rates and anticipated effort relative to the remaining quota, and 
determined that this inseason action is necessary to meet management 
and conservations goals for the 2024-2025 management measures. This 
inseason action modifies fishing seasons under 50 CFR 660.409(b)(1)(i).
    All other restrictions and regulations remain in effect as 
announced for the 2024 ocean salmon fisheries (89 FR 44553, May 21, 
2024).
    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 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 and consistent with the conservation objectives. 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: July 26, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-16866 Filed 7-30-24; 8:45 am]
BILLING CODE 3510-22-P