Rule2021-25102
Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #31 Through #32
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
November 17, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces two inseason actions in the 2021 ocean salmon fisheries. These inseason actions modified the recreational ocean salmon fishery in the area from Cape Falcon, OR to the Oregon/ California border.
Full Text
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<title>Federal Register, Volume 86 Issue 219 (Wednesday, November 17, 2021)</title>
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[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Rules and Regulations]
[Pages 64082-64084]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25102]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210505-0101; RTID 0648-XB472]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Actions #31 Through #32
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2021 management measures.
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SUMMARY: NMFS announces two inseason actions in the 2021 ocean salmon
fisheries. These inseason actions modified the recreational ocean
salmon fishery in the area from Cape Falcon, OR to the Oregon/
California border.
DATES: The effective dates for the 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effect until superseded or modified.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 at 562-676-2148, Email:
<a href="/cdn-cgi/l/email-protection#601308010e0e0f0e4e10050e0e01200e0f01014e070f16"><span class="__cf_email__" data-cfemail="03706b626d6d6c6d2d73666d6d62436d6c62622d646c75">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The 2021 annual management measures for ocean salmon fisheries (86
FR 26425, May 14, 2021), 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 divided into two geographic
areas: North of Cape Falcon (NOF) (U.S./Canada border to Cape Falcon,
OR), and
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south of Cape Falcon (SOF) (Cape Falcon, OR, to the U.S./Mexico
border). The actions described in this document affected the SOF
recreational salmon fishery, as set out under the heading Inseason
Action.
Consultation on these inseason actions occurred on September 14,
2021. Representatives from NMFS, Oregon Department of Fish and Wildlife
(ODFW), California Department of Fish and Wildlife (CDFW), and Council
staff participated in the consultations.
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 Action
Inseason Action #31
Description of the action: Inseason action #31 modified the SOF
recreational salmon fishery from the Cape Falcon, OR to Humbug
Mountain, OR. This action increased the non-mark selective coho salmon
quota in the September recreational salmon fishery from 14,000 to
20,230 through an impact-neutral rollover of unused quota from the
June-August mark selective coho salmon recreational fishery in the area
from Cape Falcon, OR to the Oregon/California border.
Effective date: Inseason action #31 took effect on September 14,
2021 and remains in effect until superseded.
Reason and authorization for the action: Authority for this impact-
neutral rollover of unutilized quota is specified in the 2021 ocean
salmon regulations (86 FR 26425, May 14, 2021). The SOF June-August
mark selective coho salmon recreational fishery had a quota of 120,000
marked coho salmon. Of that quota, 68,276 coho salmon were landed,
leaving 51,724 coho salmon quota unutilized for the June-August period.
The Council's Salmon Technical Team (STT) determined that to keep
fishery impacts on Oregon Coastal natural coho salmon (OCN coho) within
the level of impacts described in the preseason planning process, due
to seasonal differences in impact rates to OCN coho salmon, only 6,230
coho salmon from the unutilized June-August quota could be rolled over
in an impact-neutral manner. The STT calculated that an impact-neutral
rollover would add 6,230 coho salmon from the June-August period to the
September non-selective coho salmon fishery quota of 14,000 for an
adjusted quota of 20,230 coho salmon. This action did not increase the
overall 2021 coho salmon quota in the SOF recreational fishery. The
West Coast Region Regional Administer (RA) considered the landings of
coho salmon to date, fishery catch and effort to date, the amount of
quota remaining, and the timing of the action relative to the length of
the season, and determined that this inseason action was necessary to
meet management goals set preseason. Inseason action to modify quotas
and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#31 occurred on September 14, 2021. Representatives from NMFS, CDFW,
ODFW, and the Council participated in this consultation.
Inseason Action #32
Description of the action: Inseason action #32 modified the
recreational fishery open fishing period by increasing the days open
from Cape Falcon, OR to Humbug Mountain, OR. Effective September 17,
2021 at 12:01 a.m., the recreational ocean salmon fishery from Cape
Falcon, OR to Humbug Mountain, OR will be open to fishing seven days
per week through the earlier of September 30, 2021, or attaining the
20,230 non-mark selective coho salmon quota.
Effective date: Inseason #32 took effect on September 17, 2021, and
remains in effect until superseded.
Reason and authorization for the action: The purpose of inseason
#32 was to allow greater access to available non-mark selective coho
salmon quota in the recreational fishery. Prior to this action, the
September recreational ocean salmon fishery in the area from Cape
Falcon, OR to Humbug Mountain, OR was scheduled to be open Friday
through Sunday through the earlier of September 30, or attaining a
14,000 non-mark selective coho salmon quota. Inseason action #31,
above, increased the coho salmon quota in this fishery to 20,230 coho
salmon. ODFW reviewed the harvest estimates from the open fishing
period and recommended that adding additional days to the open fishing
period would provide more fishing opportunity and was unlikely to
result in early attainment of the non-mark selective coho salmon quota.
The RA considered coho salmon landings and fishery catch and effort
to date in the SOF area from Cape Falcon, OR to Humbug Mountain, OR,
and determined that this inseason action was necessary to meet
management objectives set preseason. Inseason modification of
recreational fishing days per calendar week is authorized by 50 CFR
660.409(b)(1)(i) and (iii).
Consultation date and participants: Consultation on inseason action
#32 occurred on September 14, 2021. Representatives from NMFS, CDFW,
ODFW, and the Council participated in this consultation.
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; 86 FR 37249, July 15, 2021; 86 FR 40182, July 28, 2021; 86 FR
43967, August 11, 2021; 86 FR 48343, August 30, 2021; 86 FR 54407,
October 1, 2021).
The NMFS West Coast Region RA determined that these inseason
actions were warranted based on the best available information on
Pacific salmon abundance forecasts, landings to date, anticipated
fishery effort and projected catch, and the other factors and
considerations set forth in 50 CFR 660.409. The states 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
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
kilohertz.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA). This action is
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 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 that fishery participants can take advantage of the
additional fishing opportunity these changes provide. As previously
noted, actual notice of the
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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 this action
would restrict fishing at levels inconsistent with the goals of the FMP
and the current management measures.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 12, 2021.
Michael Ruccio,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-25102 Filed 11-16-21; 8:45 am]
BILLING CODE 3510-22-P
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