Rule2022-18344
Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #26 Through #33
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
August 25, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces eight inseason actions in the 2022 ocean salmon fisheries. These inseason actions modify the recreational, commercial, and treaty Indian salmon fisheries in the area from the U.S./Canada border to Cape Falcon, Oregon.
Full Text
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<title>Federal Register, Volume 87 Issue 164 (Thursday, August 25, 2022)</title>
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[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Rules and Regulations]
[Pages 52353-52356]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18344]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 220510-0113; RTID 0648-XC210]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Actions #26 Through #33
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2022 management measures.
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SUMMARY: NMFS announces eight inseason actions in the 2022 ocean salmon
fisheries. These inseason actions modify the recreational, commercial,
and treaty Indian salmon fisheries in the area from the U.S./Canada
border to Cape Falcon, Oregon.
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effect until superseded or modified.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 562-980-4239, Email:
<a href="/cdn-cgi/l/email-protection#7b28131a15151415552b1e15151a3b15141a1a551c140d"><span class="__cf_email__" data-cfemail="a1f2c9c0cfcfcecf8ff1c4cfcfc0e1cfcec0c08fc6ced7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The 2022 annual management measures for ocean salmon fisheries (87
FR 29690; May 16, 2022), 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, 2022, until the effective date of the 2023
management measures, as published in the Federal Register. NMFS is
authorized to implement inseason management actions to modify fishing
seasons and quotas as necessary
[[Page 52354]]
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 the NOF
commercial and recreational salmon fisheries, as set out under the
heading Inseason Action below.
Consultations with the Council Chairperson on these inseason
actions occurred on July 13, 2022, and July 19, 2022. Representatives
from NMFS, Washington Department of Fish and Wildlife (WDFW), Oregon
Department of Fish and Wildlife (ODFW), California Department of Fish
and Wildlife (CDFW) and Council staff participated in these
consultations. Members of the Salmon Advisory Subpanel and Salmon
Technical Team (STT) were also present on the calls.
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 #26
Description of the action: Inseason action #26 modifies the
recreational salmon fishery from Cape Alava to the Queets River (La
Push subarea), starting at 12:01 a.m. on Saturday, July 16, 2022, the
daily bag limit is two salmon, Chinook salmon retention prohibited. All
coho salmon must be marked with a healed adipose fin clip.
Effective date: Inseason action #26 took effect on July 16, 2022,
and remains in effect until July 24, 2022, at 11:59 p.m.
Reason and authorization for the action: Due to larger than
expected Chinook salmon catch, inseason action #26 was necessary to
reduce Chinook salmon catch to preserve the length of the season while
avoiding exceedance of the Chinook salmon guideline for this area and
maximizing catch of the available coho salmon quota. Cape Alava to the
Queets River (La Push subarea) opened with a coho salmon quota of 4,370
and a Chinook salmon guideline of 1,120. Through July 10, 2022, 333
coho salmon (8 percent of the subarea quota) and 287 Chinook salmon (26
percent of the subarea guideline) were caught in the La Push subarea.
The NMFS West Coast Regional Administrator (RA) considered the
landings of Chinook and coho salmon to date and projected catches,
fishery effort occurring to date and projected effort, quotas and
guidelines set preseason, and the recreational Chinook salmon guideline
remaining. The RA determined that this inseason action was necessary to
preserve the available recreational Chinook salmon guideline in the La
Push subarea in order to meet management goals set preseason, including
the Pacific Coast Salmon Fishery Management Plan objective to extend
the fishing season through Labor Day weekend if feasible and consistent
with the available quota. The modification of recreational bag limits
is authorized by 50 CFR 660.409(b)(1)(iii).
Inseason Action #27
Description of the action: Inseason action #27 modifies the
recreational salmon fishery from Cape Alava to the Queets River (La
Push subarea). Starting at 12:01 a.m. on July 25, 2022, the daily bag
limit is two salmon, only one of which may be a Chinook salmon. All
coho salmon must be marked with a healed adipose fin clip. Chum salmon
retention is prohibited beginning August 1, 2022.
Effective date: Inseason action #27 took effect on July 25, 2022,
and remains in effect until superseded.
Reason and authorization for the action: Due to larger than
expected Chinook salmon catch, inseason action #27 was necessary to
manage Chinook salmon catch to preserve the length of the season while
avoiding exceedance of the Chinook salmon guideline and maximizing
catch of the available coho salmon quota. Cape Alava to the Queets
River (La Push subarea) opened with a coho salmon quota of 4,370 and a
Chinook salmon guideline of 1,120. Through July 10, 2022, 333 coho
salmon (8 percent of the subarea quota) and 287 Chinook salmon (26
percent of the subarea guideline) were caught in the La Push subarea.
These adjustments ensured that sufficient Chinook salmon guideline in
the area from Cape Alava to the Queets River (La Push subarea) was
available to extend the recreational salmon season.
The RA considered the landings of Chinook and coho salmon to date
and projected catches, fishery effort occurring to date and projected
effort, quotas and guidelines set preseason, and the recreational
Chinook salmon guideline remaining. The RA determined that this
inseason action was necessary to preserve the available recreational
Chinook salmon guideline in the La Push subarea in order to meet
management goals set preseason. The modification of recreational bag
limits is authorized by 50 CFR 660.409(b)(1)(iii).
Inseason Action #28
Description of the action: Inseason action #28 modifies the
recreational salmon fishery; starting at 12:01 a.m. on July 16, 2022,
the area from Leadbetter Point to Cape Falcon, OR (Columbia River
subarea North of 46[deg]15' N and East of 124[deg]08'40'' W), is
closed.
Effective date: Inseason action #28 took effect on July 16, 2022,
and remains in effect until superseded.
Reason and authorization for the action: Due to larger than
expected Chinook salmon catch, inseason action was necessary to limit
recreational fishing in the area from Leadbetter Point to Cape Falcon
(Columbia River subarea) to slow down Chinook salmon catch to ensure
that sufficient quota remains to access coho salmon and preserve the
length of the season while avoiding exceedance of the Chinook salmon
guideline. This subarea opened with a coho salmon quota of 84,000 and a
Chinook salmon guideline of 7,700. Through July 10, 2022, 6,761 coho
salmon were caught (8 percent of the subarea quota) and 2,265 Chinook
salmon were caught (29 percent of the subarea guideline).
The RA considered the landings of Chinook and coho salmon to date
and projected catch, fishery effort occurring to date and projected
effort, and quotas and guidelines set preseason and determined that
this inseason action was necessary to extend the recreational salmon
season in this area in order to meet management goals set preseason.
Inseason actions to modify boundaries, including landing boundaries,
and establishment of closed areas is authorized under 50 CFR
660.409(b)(1)(v).
Inseason Action #29
Description of the action: Inseason action #29 modifies the landing
and possession limit for the commercial salmon troll fishery across the
entire north of Cape Falcon area, regardless of subarea, to 30 Chinook
salmon per vessel per landing week (Thursday through Wednesday).
Effective date: Inseason action took effect on July 21, 2022, and
remains in effect until superseded.
Reason and authorization for the action: Inseason action #29 was
necessary to slow the rate of Chinook
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salmon catch in order to preserve the length of the season by setting a
lower landing and possession limit. The RA considered the landings of
Chinook salmon to date and projected catch, fishery effort occurring to
date and projected effort, and quotas set preseason and determined that
this inseason action was necessary to provide greater fishing
opportunity and provide economic benefit to the fishery dependent
community by preserving season length. The modification of commercial
landing and possession limits is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #30
Description of the action: Inseason action #30 modifies the
recreational salmon fishery from the Queets River to Leadbetter Point
(Westport subarea). The daily bag limit is two salmon per day, Chinook
salmon retention prohibited on Fridays and Saturdays. Sunday through
Thursday, the daily bag limit allows one of the two salmon to be a
Chinook salmon.
Effective date: Inseason action took effect on July 22, 2022, and
remains in effect until superseded.
Reason and authorization for the action: Chinook salmon catch rates
have been higher than anticipated preseason. This inseason action was
necessary to slow down the Chinook salmon catch in order to preserve
the length of the season while avoiding exceedance of the Chinook
salmon guideline. For the week of July 11, 2022, through July 17, 2022,
for the area from the Queets River to Leadbetter Point (Westport
subarea), 1,424 Chinook salmon were landed, bringing the cumulative
total to 4,145 Chinook salmon (34 percent of the guideline). In
addition, 1,736 coho salmon were landed, bringing the cumulative total
to 3,851 coho salmon (6 percent of the quota).
The RA determined that this inseason was necessary to remain within
the available recreational Chinook salmon guideline in the Westport
subarea in order to meet management goals set preseason including the
Pacific Coast Salmon Fishery Management Plan objective to extend the
fishing season through Labor Day weekend if feasible and consistent
with the available quota. The modification of recreational bag limits
is authorized by 50 CFR 660.409(b)(1)(iii).
Inseason Action #31
Description of the action: Inseason action #31 modifies the tribal
salmon troll fishery for the Makah Tribe. Effective 11:59 p.m. on, July
24, 2022, Area 3 north of 48[deg]02'15'' N. (Norwegian Memorial) and
Areas 4, 4A, and 4B, the fishery is closed until further notice.
Effective dates: Inseason action #31 took effect on July 24, 2022,
and remains in effect until superseded.
Reason and authorization for the action: The Makah Tribe found that
it was necessary to close the fishery in order to assess Chinook and
coho salmon catches to date and develop a plan for reopening the tribal
fishery for the remainder of the season in order to stay within the
preseason treaty tribal troll quota and preserve season length. The
Makah Tribe notified staff from NMFS, Council, and WDFW of the need to
close the fishery. The RA concurred with the closure. Modification of
quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #32
Description of the action: Inseason action #32 modifies the July-
September sub-quota for the treaty Indian salmon fishery north of Cape
Falcon that was set preseason at 20,000 Chinook salmon, to 34,547
Chinook salmon through an impact-neutral rollover of unused May-June
sub-quota.
Effective dates: Inseason action #32 took effect on July 1, 2022,
and remains in effect until the end of the 2022 treaty Indian salmon
season on September 15, 2022, at 11:59 p.m.
Reason and authorization for the action: The tribal fisheries
reported a remaining catch of 14,457 Chinook salmon from the May-June
fishery sub-quota of 20,000 Chinook. The STT determined the overage
could be rolled over to the July-September fishery on an impact-neutral
basis resulting in a new Chinook salmon sub-quota for the July-
September period of 34,547. The Makah Tribe notified staff from NMFS,
Council, and WDFW of the need for modification of the July-September
quota. The RA concurred with the quota modification. Modification of
quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #33
Description of the action: Inseason action #33 modifies the tribal
salmon troll fishery for the Makah Tribe. Effective 11:59 p.m. on
Tuesday, July 26, until the end of the management period (September 15,
2022), Area 3 north of 48[deg]02'15'' N. (Norwegian Memorial) and Areas
4, 4A, and 4B, are open. The landing limit is not to exceed 300 Chinook
salmon per vessel per calendar week (12:01 a.m. Sunday-11:59 p.m.
Saturday). After August 1, release all chum.
Effective dates: Inseason action was effective on July 26, 2022,
and will remain in effect until September 15, 2022, at 11:59 p.m.
Reason and authorization for the action: The Makah Tribe evaluated
the catch and landings and determined that implementing a landing limit
to 300 Chinook salmon per vessel per calendar week would slow down the
Chinook salmon catch while still allowing access to coho salmon for the
remainder of the season. The Makah Tribe notified staff from NMFS,
Council, and WDFW of the need to open the fishery and the regulatory
provisions adopted. The RA concurred with the season modification.
Modification of quotas and/or fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
All other management measures remain in effect as announced for the
2022 ocean salmon fisheries (87 FR 29690; May 16, 2022), as modified by
previous inseason actions (87 FR 41260, July 12, 2022; 87 FR 49534,
August 11).
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 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 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
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 are 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
[[Page 52356]]
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 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 (87 FR 29690; May 16, 2022), 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: August 22, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-18344 Filed 8-24-22; 8:45 am]
BILLING CODE 3510-22-P
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