Rule2022-10597
Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #3 Through #11
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
May 19, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces nine inseason actions in the 2021 ocean salmon fisheries. These inseason actions modify the commercial ocean salmon fisheries in the area from the U.S./Canada border to the U.S./Mexico border.
Full Text
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<title>Federal Register, Volume 87 Issue 97 (Thursday, May 19, 2022)</title>
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[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Rules and Regulations]
[Pages 30430-30432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10597]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210505-0101; RTID 0648-XB996]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Actions #3 Through #11
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 nine inseason actions in the 2021 ocean salmon
fisheries. These inseason actions modify the commercial ocean salmon
fisheries in the area from the U.S./Canada border to the U.S./Mexico
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effect until superseded or modified.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: Dana Preedeedilok at 562-980-4019,
Email: <a href="/cdn-cgi/l/email-protection#7f1b1e111e510f0d1a1a1b1a1a1b161310143f11101e1e51181009"><span class="__cf_email__" data-cfemail="4b2f2a252a653b392e2e2f2e2e2f222724200b25242a2a652c243d">[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./
[[Page 30431]]
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 both the NOF and SOF commercial salmon fishery, as set
out under the heading Inseason Action below.
Consultations with the Council Chairperson on these inseason
actions occurred on April 11, 2022, and April 22, 2022. Representatives
from NMFS, Oregon Department of Fish and Wildlife (ODFW), California
Department of Fish and Wildlife (CDFW), and Council staff participated
in the consultation on April 11, 2022. Representatives from NMFS,
Washington Department of Fish and Wildlife (WDFW), ODFW, and Council
staff participated in the consultation on April 22, 2022.
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 #3-#9
The fisheries affected by the inseason actions described below were
authorized in the final rule for 2021 annual management measures for
ocean salmon fisheries (86 FR 26425, May 14, 2021). At its April 7-13,
2022, meeting, the Council finalized development of its recommended
2022 ocean salmon management measures. Based on the Salmon Technical
Team (STT) 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 by NMFS in 2018 to be overfished
under the Magnuson-Stevens Fishery Conservation and Management Act
(MSA), and the natural component of the lower Columbia River fall-run
Chinook salmon species. 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. To reduce the impacts
on KRFC, NMFS took seven inseason actions concurrent with the April
Council meeting to restrict some fisheries that were previously
scheduled to open prior to May 16, 2022 (86 FR 26425, May 14, 2021).
The NMFS West Coast Regional Administrator (RA) considered the
abundance forecasts for Chinook salmon stocks and the impacts on the
ocean salmon fisheries, as modeled by the STT, and determined that the
inseason actions, described below, were necessary to meet management
and conservations goals set preseason. These inseason actions modify
fishing seasons under 50 CFR 660.409(b)(1)(i).
Inseason Action #3
Description of the action: Inseason action #3 modifies the
commercial ocean salmon fishery from Cape Falcon, OR, to the Heceta
Bank Line, OR (latitude 43[deg]58'00'' N). This fishery, which did not
have a closing date in the 2021 management measures, will close at
11:59 p.m. on May 15, 2022.
Effective date: Inseason action #3 took effect on April 11, 2022,
and remains in effect until superseded.
Inseason Action #4
Description of the action: Inseason action #4 modifies the
commercial salmon troll fishery in the area from the Heceta Bank Line,
OR, to Humbug Mountain, OR. This action supersedes inseason action #1
(87 FR 24882, April 27, 2022). Under inseason action #4, this fishery,
which opened at 12:01 a.m., May 1, 2022, closes at 11:59 p.m., May 15,
2022.
Effective date: Inseason action #4 took effect on April 11, 2022,
and remains in effect until superseded.
Inseason Action #5
Description of the action: Inseason action #5 modifies the
commercial salmon troll fishery in the area from Humbug Mountain, OR to
the Oregon/California border (Oregon Klamath Management Zone). This
fishery, which did not have a closing date in the 2021 management
measures, closes at 11:59 p.m. on April 30, 2022.
Effective date: Inseason action #5 took effect on April 11, 2022,
and remains in effect until superseded.
Inseason Action #6
Description of the action: Inseason action #6 modified the
commercial ocean salmon fishery from the Oregon/California border to
Humboldt South Jetty. This fishery, which was previously scheduled to
open May 1, 2022, is closed.
Effective date: Inseason action #6 took effect on April 11, 2022,
and remains in effect until superseded.
Inseason Action #7
Description of the action: Inseason action #7 modifies the
commercial ocean salmon fishery from the area between latitude
40[deg]10' N and Point Arena, CA (Fort Bragg management area). This
fishery, which was previously scheduled to open April 16, 2022, is
closed.
Effective date: Inseason action #7 took effect on April 11, 2022,
and remains in effect until superseded.
Inseason Action #8
Description of the action: Inseason action #8 modifies the
commercial ocean salmon fishery in the area from Point Arena, CA, to
Pigeon Point, CA (San Francisco management area). This fishery, which
was previously scheduled to open May 1, 2022, is closed.
Effective date: Inseason action #8 took effect on April 11, 2022,
and remains in effect until superseded.
Inseason Action #9
Description of the action: Inseason action #9 modifies the
commercial ocean salmon fishery in the area from Pigeon Point, CA, to
the U.S./Mexico Border (Monterey management area), which was previously
scheduled to open May 1, 2022, with no closing date. This fishery is
now scheduled to open May 1-5, 2022, and May 10-15, 2022. All fish
caught in this area must be landed within 24 hours of any closure of
the fishery and must be landed south of Point Arena, CA.
Effective date: Inseason action #9 took effect on April 11, 2022,
and remains in effect until superseded.
Reason and Authorization for Inseason Actions #10-#11
The 2021 annual management measures for ocean salmon fisheries (86
FR 26425, May 14, 2021) established a May-June commercial salmon
fishery that included NOF subarea quotas that were based on information
available at the time the 2021 management measures were adopted. The
2021 management measures allow for inseason action to adjust fisheries
scheduled to occur from March 15, 2022, through May 15, 2022, in
response to new information on salmon stock abundance forecasts and
northern salmon fisheries impacts, to keep fisheries impacts within
management objectives and consistent with conservation needs.
Improved salmon stock forecasts in 2022 will provide NOF salmon
fisheries with more total allowable catch (TAC) than in 2021. The
Council has adopted and transmitted to NMFS its recommended 2022
management measures which take into account this new information. The
increased TAC provides for higher quotas and landing limits in the May-
June commercial salmon fishery NOF in 2022 than in 2021.
The RA considered the abundance forecasts for Chinook salmon stocks
and the impacts on the ocean salmon
[[Page 30432]]
fisheries, as modeled by the STT, and determined that the inseason
actions, described below, were necessary to meet management and
conservations goals set preseason. These inseason actions modify
fishing quotas and limited retention regulations authorized under 50
CFR 660.409(b)(1)(i) and (ii).
Inseason Action #10
Description of the action: Inseason action #10 modifies the quota
and subarea catch limits for the commercial salmon troll fishery from
the U.S./Canada border to Cape Falcon, OR. Salmon caught in the NOF
commercial salmon fisheries, May 1-15, 2022, will count against the
overall 2022 May-June NOF and subarea quotas. The May-June NOF
commercial salmon fishery quota is increased from 15,375 Chinook salmon
set in 2021, to 18,000 Chinook salmon in 2022, no more than 6,040 of
which may be caught in the area between the U.S/Canada border and the
Queets River, and no more than 4,840 of which may be caught in the area
between Leadbetter Point and Cape Falcon.
Effective date: Inseason action #10 took effect on April 22, 2022,
and remains in effect until superseded.
Inseason Action #11
Description of the action: Inseason action #11 modifies the Chinook
salmon landing and possession limit for the commercial ocean salmon
troll fishery that opens May 1, 2022, from the U.S/Canada border to
Queets River and from Leadbetter Point to Cape Falcon from 75 Chinook
salmon per vessel per week (Thursday through Wednesday) to 80 Chinook
salmon per vessel per landing week (Thursday through Wednesday).
Effective date: Inseason action #11 took effect on April 22, 2022,
and remains in effect until superseded.
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; 87 FR 24882, April 27,
2022).
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 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 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: May 12, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-10597 Filed 5-18-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 19, 2022.
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