Rule2022-08887
Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #1 and #2
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
April 27, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces two inseason actions in the 2022 ocean salmon fisheries. These inseason actions modify the commercial and recreational ocean salmon fisheries in the area from Cape Falcon, OR, to Point Arena, CA.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 81 (Wednesday, April 27, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Rules and Regulations]
[Pages 24882-24883]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08887]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210505-0101; RTID 0648-XB912]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Actions #1 and #2
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2022 management measures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces two inseason actions in the 2022 ocean salmon
fisheries. These inseason actions modify the commercial and
recreational ocean salmon fisheries in the area from Cape Falcon, OR,
to Point Arena, CA.
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effect until superseded or modified.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#cbb8a3aaa5a5a4a5e5bbaea5a5aa8ba5a4aaaae5aca4bd"><span class="__cf_email__" data-cfemail="e09388818e8e8f8ece90858e8e81a08e8f8181ce878f96">[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 south of Cape Falcon (SOF) (Cape Falcon, OR, to the U.S./
Mexico border). The actions described in this document affect only the
SOF recreational salmon fishery, as set out under the heading Inseason
Action below.
Consultation on these inseason actions occurred on March 11, 2022,
and March 14, 2022. Representatives from NMFS, Oregon Department of
Fish and Wildlife (ODFW), California Department of Fish and Wildlife
(CDFW), and Council staff participated in the consultations. The
Council may consider further inseason action at its April 6-13, 2022,
meeting.
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
At its March 8-14, 2022, meeting, the Council's Salmon Technical
Team (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 2022 by the abundance forecast for Klamath River fall-
run Chinook salmon (KRFC), which was determined to be overfished under
the Magnuson-Stevens Fishery Conservation and Management Act (MSA) in
2018. The forecast of potential spawner abundance is derived from the
ocean abundance forecasts, ocean natural mortality rates, age-specific
maturation rates, stray rates, and the proportion of escapement
expected to spawn in natural areas.
Inseason Action #1
Description of the action: Inseason action #1 modifies the SOF
commercial salmon fishery from the Heceta Bank Line (latitude
43[deg]58'00'' N), OR, to Humbug Mountain, OR, previously scheduled to
open on March 15. This fishery is closed through April 30, 2022. This
area is scheduled to re-open to commercial troll fishing on May 1,
2022.
Effective date: Inseason action #1 took effect on March 15, 2021,
and remains in effect until superseded.
Reason and authorization for the action: NMFS is taking inseason
action in the commercial salmon fisheries to manage and conserve SOF
ocean salmon fishery impacts on KRFC and to provide additional fishing
opportunity in adjacent areas. In Oregon, this inseason action takes
place in the area from Cape Falcon to Humbug Mountain at the Heceta
Bank Line, which is the port area analysis boundary used by the STT.
This allows for finer-scale management of fisheries in the Northern
Oregon (NO) (Cape Falcon to Heceta Bank Line) and Central Oregon (CO)
(Heceta Bank Line to Humbug Mountain) port areas. The NO and CO port
area impacts are analyzed separately by the STT and the environmental
assessment prepared under the National Environmental Policy Act (NEPA)
Final Environmental Assessment for 2021 Ocean Salmon Fisheries
Management Measures (<a href="https://www.fisheries.noaa.gov/action/fisheries-west-coast-states-west-coast-salmon-fisheries-2021-management-measures">https://www.fisheries.noaa.gov/action/fisheries-west-coast-states-west-coast-salmon-fisheries-2021-management-measures</a>)
and have different impacts on salmon stocks; e.g., the NO port area has
lower impacts on KRFC than the CO port area.
The West Coast Region Regional Administer (RA) considered the
landings of Chinook salmon to date, fishery catch and effort to date,
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
#1 occurred on March 11, 2022. Representatives from NMFS, CDFW, ODFW,
and the Council participated in this consultation.
[[Page 24883]]
Inseason Action #2
Description of the action: Inseason action #2 modifies the ocean
salmon recreational fishery from latitude 40[deg]10' N to Point Arena,
CA, previously scheduled to open on April 2, 2022. This fishery is
closed through April 30, 2022.This area is schedule to re-open for
recreational fishing on May 1, 2022.
Effective date: Inseason #2 took effect on March 14, 2022, and
remains in effect until superseded.
Reason and authorization for the action: NMFS is taking inseason
action in the recreational salmon fisheries to manage and conserve SOF
ocean salmon fishery impacts on KRFC and to provide additional fishing
opportunity in adjacent areas. This modification is needed to attain
escapement goals and conservation objectives given 2022 preseason
forecasts previously mentioned.
The RA considered Chinook salmon landings and fishery catch and
effort to date in the SOF area from latitude 40[deg]10' N to Point
Arena, CA, and determined that this inseason action was necessary to
meet management objectives 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
#2 occurred on March 14, 2022. 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; 86 FR 64082, November 17, 2021).
The 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 kHz.
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 Chinook 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 regulatory actions was provided to fishers
through telephone hotline and radio notification. These actions comply
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: April 21, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-08887 Filed 4-26-22; 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 April 27, 2022.
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.