Rule2022-21440
Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #37 Through #45
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
October 4, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces nine inseason actions in the 2022 ocean salmon fisheries. These inseason actions modify the recreational and commercial salmon fisheries in the area from the U.S./Canada border to the Oregon/California border.
Full Text
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<title>Federal Register, Volume 87 Issue 191 (Tuesday, October 4, 2022)</title>
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[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Rules and Regulations]
[Pages 60105-60108]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21440]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 220510-0113]
RTID 0648-XC370
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Actions #37 Through #45
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 nine inseason actions in the 2022 ocean salmon
fisheries. These inseason actions modify the recreational and
commercial salmon fisheries in the area from the U.S./Canada border 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effect until superseded or modified.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 562-980-4239, Email:
<a href="/cdn-cgi/l/email-protection#adfec5ccc3c3c2c383fdc8c3c3ccedc3c2cccc83cac2db"><span class="__cf_email__" data-cfemail="82d1eae3ececedecacd2e7ecece3c2ecede3e3ace5edf4">[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 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 August 17, 2022, August 22, 2022, August 25, 2022,
and August 30, 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 #37
Description of the action: Inseason action #37 modifies the landing
and possession limit for the commercial salmon troll fishery across the
entire
[[Page 60106]]
NOF area, regardless of subarea, to: 10 Chinook salmon per vessel per
landing week (Thursday through Wednesday).
Effective date: Inseason action #37 took effect on August 18, 2022,
and remains in effect until superseded.
Reason and authorization for the action: Inseason action #37 was
necessary to slow the rate of Chinook salmon catch in order to preserve
the length of the salmon fishing season by setting a lower landing and
possession limit. The West Coast Regional Administrator (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 #38
Description of the action: Inseason action #38 modifies the
recreational fishery from the Queets River to Leadbetter Point
(Westport Subarea). Possession of Chinook salmon is illegal on days
when retention of Chinook salmon is prohibited in that same area.
Effective date: Inseason action #38 took effect on August 18, 2022
at 12:01 a.m., and remains in effect until superseded.
Reason and authorization for the action: Inseason action #38 was
necessary to not exceed the Chinook salmon guideline due to high
Chinook salmon catch and preserve the length of the season while
continuing to allow access to coho salmon. The RA considered 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 Westport
subarea in order to meet management goals set preseason, including
access to coho salmon. Modification of recreational bag limits is
authorized by 50 CFR 660.409(b)(1)(iii).
Inseason Action #39
Description of the action: Inseason action #39 modifies the
recreational fishery from the Queets River to Leadbetter Point
(Westport Subarea), Chinook salmon retention is prohibited.
Effective date: Inseason action #39 took effect on August 23, 2022
at 12:01 a.m., and remains in effect until superseded.
Reason and authorization for the action: Due to high Chinook salmon
catch, this inseason action was necessary to not exceed the Chinook
salmon guideline and preserve the length of the season while continuing
to allow access to coho salmon. The RA considered landings of Chinook
and coho 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 preserve the available
recreational Chinook salmon guideline in the Westport subarea in order
to meet management goals set preseason, including access to coho
salmon. Modifications of recreational bag limits is authorized by 50
CFR 660.409(b)(1)(iii).
Inseason Action #40
Description of the action: Inseason action #40 modifies the
recreational fishery from Leadbetter Point to Cape Falcon, OR (Columbia
River subarea), Chinook salmon retention is prohibited, and the portion
of the subarea North of 46[deg]15' N and East of 124[deg]08'40'' W is
open to fishing for salmon.
Effective date: Inseason action #40 took effect on August 23, 2022
at 12:01 a.m., and remains in effect until superseded.
Reason and authorization for the action: Inseason action #40 was
necessary to preserve the length of the season by avoiding exceedance
of the Chinook salmon guideline while maximizing catch of the available
coho salmon quota. Leadbetter Point to Cape Falcon, OR (Columbia River
subarea) opened with a coho salmon quota of 84,000 and a Chinook salmon
guideline of 7,700. Through August 21, 2022, 37,405 coho salmon (45
percent of the subarea quota) and 6,902 Chinook salmon (90 percent of
the subarea guideline) had been caught in the Columbia River subarea.
The RA considered landings of Chinook and coho 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 preserve the available recreational Chinook salmon
guideline in the Columbia River subarea in order to meet management
goals set preseason including access to coho salmon. Modification of
recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).
Inseason Action #41
Description of the action: Inseason action #41 modifies the
commercial salmon troll fishery NOF, the remaining coho salmon quota is
adjusted on an impact-neutral basis, from mark-selective to non-mark-
selective. The adjusted non-mark-selective coho salmon quota is 9,700.
Effective date: Inseason action #41 took effect on August 26, 2022
at 12:01 a.m., and remains in effect until the end of the commercial
salmon season on September 30, 2022 at 11:59 p.m.
Reason and authorization for the action: Inseason action #41 was
necessary to allow for increased access to the coho salmon quota, which
had not been fully used, while not exceeding the impact limits for
protected Chinook salmon stocks. The annual management measures (87 FR
29690, May 16, 2022) provide for inseason action to modify the
regulations that restrict retention of un-marked coho salmon while
still achieving management objectives, including not exceeding
allowable impacts on constraining Chinook and coho salmon stocks. The
STT calculated the necessary adjustments to the coho salmon quota on an
impact-neutral basis for the constraining stocks in the NOF area. The
RA considered coho salmon landings 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. Modification of quotas and/or fishing
seasons is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #42
Description of the action: Inseason action #42 modifies the
commercial salmon troll fishery NOF, landing and possession limit for
coho salmon is modified to 150 non-mark-selective coho salmon per
vessel per landing week (Thursday through Wednesday). Weekly landing
and possession limit for Chinook salmon remains 10 Chinook salmon per
vessel per landing week.
Effective Date: Inseason action #42 took effect on August 26, 2022
at 12:01 a.m., and remains in effect until superseded.
Reason and authorization for the action: Inseason action #42
modified the coho salmon landing and possession limit from 150 mark-
selective coho salmon to 150 non-mark-selective coho salmon per vessel
per landing week. This change was necessary to avoid exceedance of the
Chinook salmon guideline and maximize catch of the
[[Page 60107]]
available coho salmon quota. The RA considered coho and Chinook salmon
landings 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.
Modification of quotas and/or fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #43
Description of the action: Inseason action #43 modifies the
recreational salmon fishery from the Queets River to Leadbetter Point
(Westport subarea), the remaining coho salmon quota is adjusted on an
impact-neutral basis, from mark-selective to non-mark-selective. The
adjusted non-mark-selective coho salmon quota is 14,000.
Effective date: Inseason action #43 took effect on August 27, 2022
at 12:01 a.m., and remains in effect until the end of the recreational
salmon season on September 30, 2022 at 11:59 p.m.
Reason and authorization for the action: Inseason action #43 was
necessary to allow for increased access to the coho salmon quota, which
had not been fully used, while not exceeding the impact limits for
protected Chinook salmon stocks. The annual management measures (87 FR
29690, May 16, 2022) provide for inseason action to modify the
regulations that restrict retention of un-marked coho salmon fishery
while still achieving management objectives, including not exceeding
allowable impacts on constraining Chinook and coho salmon stocks. The
STT calculated the necessary adjustments to the coho salmon quota on an
impact-neutral basis for the constraining stocks in the NOF area.
The RA considered coho and Chinook salmon landings 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. Modification of quotas and/
or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #44
Description of the action: Inseason action #44 modifies the
recreational fishery from the Queets River to Leadbetter Point
(Westport subarea), the daily limit is modified to 2 salmon per day,
Chinook salmon retention prohibited.
Effective date: Inseason action #44 took effect on August 27, 2022
at 12:01 a.m., and remains in effect until superseded.
Reason and authorization for the action: Inseason action #44 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.
The RA considered the landings of Chinook and coho salmon to date
and projected catches in the recreational salmon fishery, 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 Westport
subarea in order to meet management goals set preseason. The
modification of recreational fishing bag limits is authorized by 50 CFR
660.409(b)(1)(iii).
Inseason Action #45
Description of the action: Inseason action #45 modifies the SOF
recreational salmon fishery from Cape Falcon, OR to Humbug Mountain,
OR. This action increased the non-mark selective coho salmon quota in
the September 3 through September 30, 2022 recreational fishery from
17,000 to 26,800 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 #45 took effect on September 3,
2022 at 12:01 a.m., and remains in effect until the end of the
recreational salmon season on September 30, 2022 at 11:59 p.m.
Reason and authorization for the action: Authority for this impact-
neutral rollover of unutilized quota is specified in the 2022 ocean
salmon regulations (87 FR 29690, May 16, 2022). The SOF June-August
mark selective coho salmon recreational fishery had a quota of 100,000
marked coho salmon. Of that quota, 42,814 coho salmon were landed,
leaving 57,186 coho salmon quota unutilized for the June-August period.
The STT calculated that an impact-neutral rollover would add 9,800 coho
salmon from the June-August period to the September non-selective coho
salmon fishery quota of 17,000 for an adjusted quota of 26,800 coho
salmon. This action did not increase the overall 2022 coho salmon quota
in the SOF recreational fishery. The 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. Modification of quotas and/or fishing
seasons is authorized by 50 CFR 660.409(b)(1)(i).
All other restrictions and regulations remain in effect as
announced for the 2022 ocean salmon fisheries (87 FR 29690, May 16,
2022), as modified by previous inseason action (87 FR 41260, July 12,
2022; 87 FR 49534, August 11, 2022; 87 FR 52353, August 25, 2022; 87 FR
54171, September 9, 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 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 actions was given,
prior to the time the actions became 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 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
[[Page 60108]]
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 Pacific
Salmon 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: September 28, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-21440 Filed 10-3-22; 8:45 am]
BILLING CODE 3510-22-P
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