Rule2021-15009
Fisheries Off West Coast States; Modification of the West Coast Commercial Salmon Fisheries; Inseason Action #18
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 15, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces an inseason action in the 2021 ocean salmon fisheries. This inseason action modifies the commercial salmon fisheries in the area south of Cape Falcon in the Oregon Klamath Management Zone (KMZ) from Humbug Mountain to the Oregon/California border.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 133 (Thursday, July 15, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Rules and Regulations]
[Pages 37249-37250]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15009]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210505-0101] RTID 0648-XB196
Fisheries Off West Coast States; Modification of the West Coast
Commercial Salmon Fisheries; Inseason Action #18
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2021 management measures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces an inseason action in the 2021 ocean salmon
fisheries. This inseason action modifies
[[Page 37250]]
the commercial salmon fisheries in the area south of Cape Falcon in the
Oregon Klamath Management Zone (KMZ) from Humbug Mountain to the
Oregon/California border.
DATES: This inseason action became applicable on June 16, 2021, and
remains in effect until superseded or modified.
FOR FURTHER INFORMATION CONTACT: Shannon Penna at 562-676-2148, Email:
<a href="/cdn-cgi/l/email-protection#de8db6bfb0b0b1b0f0aebbb0b0bf9eb0b1bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="f7a49f9699999899d98792999996b799989696d9909881">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
In the 2021 annual management measures for ocean salmon fisheries
(86 FR 26425, May 14, 2021), NMFS announced management measures for 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, 2021, until the effective date of the 2022
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 generally 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 affected
the SOF commercial salmon fishery as set out under the heading Inseason
Action.
Reason and Authorization for Inseason Action #18
The fishery affected by the inseason action described below was
authorized in the final rule for 2021 annual management measures for
ocean salmon fisheries (86 FR 26425, May 14, 2021).
The management subarea from Humbug Mountain to the Oregon/
California border has two quota managed seasons for the commercial
salmon fishery, June (300 Chinook salmon) and July (200 Chinook
salmon). The first quota season opened on June 1, 2021, with a weekly
landing limit of 20 Chinook salmon per vessel per week (Thursday-
Wednesday). During the first 15 days of the season, the reported
landings reached 271 Chinook salmon (90 percent of the quota), leaving
29 Chinook salmon remaining on the quota with one day remaining in the
landing week. Taking into account the number of vessels participating,
the fishery had the potential to exceed the quota by the end of the day
(Wednesday, June 16, 2021). Oregon Department of Fisheries and Wildlife
(ODFW) recommended immediate closure of the fishery to prevent
exceeding the quota.
The NMFS West Coast Regional Administrator (RA) considered the
landings of Chinook salmon in the SOF commercial salmon fishery,
fishery effort occurring to date as well as anticipated under the
proposal, and the Chinook salmon quota remaining and determined that
this inseason action was necessary to meet management and conservation
objectives. Inseason modification of fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Consultation on this inseason action occurred on June 16, 2021.
Representatives from NMFS, ODFW, California Department of Fish and
Wildlife, and Council staff participated in the consultation.
Inseason Action
Inseason Action #18
Description of the action: In the commercial salmon fishery south
of Cape Falcon in the Oregon KMZ from Humbug Mountain to the Oregon/
California border, the season open from June 1 to June 30, or the
earlier of 300 chinook salmon quota, is closed.
Effective dates: Inseason action #18 took effect at 11:59 p.m.,
Wednesday, June 16, 2021, and remains in effect until superseded. This
inseason action was announced on NMFS' telephone hotline and U.S. Coast
Guard radio broadcast on June 16, 2021 (50 CFR 660.411(a)(2)).
All other restrictions and regulations remain in effect as
announced for the 2021 ocean salmon fisheries (86 FR 26425, May 14,
2021), as modified by previous inseason action (86 FR 34161, June 29,
2021).
The RA determined that this inseason action was warranted based on
the best available information on Pacific salmon abundance forecasts
and anticipated fishery effort. The states manage the fisheries in
state waters adjacent to the areas of the U.S. exclusive economic zone
consistent with these Federal actions. As provided by the inseason
notice procedures at 50 CFR 660.411, actual notice of the described
regulatory action was given, prior to the time the action was
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), 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 these actions, as
notice and comment would be impracticable and contrary to the public
interest. Prior notice and opportunity for public comment on these
actions was impracticable because NMFS had insufficient time to provide
for prior notice and the opportunity for public comment between the
time Chinook salmon abundance, catch, and effort information was
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 available scientific
information. As previously noted, actual notice of the regulatory
action was provided to fishers through telephone hotline and radio
notification. This action complies with the requirements of the annual
management measures for ocean salmon fisheries (86 FR 26425, May 14,
2021), the 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 these actions
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 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-15009 Filed 7-14-21; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 15, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.