Rule2023-07352
Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #48 Through #50
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 10, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces three inseason actions for the 2023 portion of the 2022-2023 ocean salmon fishing season. These inseason actions modify the recreational and commercial salmon fisheries in the area from Cape Falcon, OR, to the U.S./Mexico border.
Full Text
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<title>Federal Register, Volume 88 Issue 68 (Monday, April 10, 2023)</title>
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[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Rules and Regulations]
[Pages 21112-21113]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07352]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 220510-0113; RTID 0648-XC858]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Actions #48 Through #50
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2022-2023 management measures.
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SUMMARY: NMFS announces three inseason actions for the 2023 portion of
the 2022-2023 ocean salmon fishing season. These inseason actions
modify the recreational and commercial salmon fisheries in the area
from Cape Falcon, OR, 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in effect until superseded or modified.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: Shannon Penna at 562-980-4239, Email:
<a href="/cdn-cgi/l/email-protection#c192a9a0afafaeafef91a4afafa081afaea0a0efa6aeb7"><span class="__cf_email__" data-cfemail="72211a131c1c1d1c5c22171c1c13321c1d13135c151d04">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The annual management measures for the 2022-2023 ocean salmon
fisheries (87 FR 29690, May 16, 2022) govern 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 2023-2024
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 SOF
commercial and recreational salmon fisheries, as set out under the
heading Inseason Actions below.
Consultations with the Council Chairperson on these inseason
actions occurred on March 9, 2023. Representatives from NMFS, Oregon
Department of Fish and Wildlife (ODFW), California Department of Fish
and Wildlife (CDFW) and Council staff participated in these
consultations. The Salmon Advisory Subpanel and Salmon Technical Team
(STT) were also present.
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 #48-#50
At its March 4-10, 2023, meeting, the 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 2023 by the very low
abundance forecasts for Klamath River fall-run Chinook (KRFC) salmon
and Sacramento River fall-run Chinook (SRFC) salmon. KRFC salmon
continue to meet the criteria as overfished, which was determined under
the Magnuson-Stevens Fishery Conservation and Management Act (MSA) in
2018, and SRFC salmon is currently at risk of approaching an overfished
condition. KRFC Chinook salmon expected abundance is low enough that
the stock will be managed under the de minimus provisions of the
harvest control rule in the Pacific Coast Salmon Fishery Management
Plan (FMP). In addition, the abundance of these stocks has been
substantially over-forecast in recent years, and escapements have been
much lower than anticipated preseason. 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 salmon and SRFC salmon and respond to the
forecasts, NMFS took three inseason actions on March 9, 2023,
concurrent with the March Council meeting to restrict some fisheries
that were previously scheduled to open prior to May 16, 2023 (87 FR
29690, May 16, 2022).
The NMFS West Coast Regional Administrator (RA) considered the
abundance forecasts for Chinook salmon stocks and the projected impacts
in the ocean salmon fisheries, as modeled by the STT, and determined
that the inseason actions described below are necessary to meet
management and conservations goals set preseason. These inseason
actions modify quotas and/or fishing seasons under 50 CFR
660.409(b)(1)(i).
Inseason Action #48
Description of the action: Inseason action #48 modifies the SOF
commercial salmon troll fishery from Cape Falcon, OR, to the Heceta
Bank Line (lat. 43[deg]58'00'' N), OR; Heceta Bank Line (lat.
43[deg]58'00'' N), OR, to Humbug Mountain, OR; and Humbug Mountain, OR,
to the Oregon/California border, previously scheduled to open on March
15, 2023. This fishery is closed through May 15, 2023.
Effective date: Inseason action #48 took effect on March 15, 2023,
at 12:01 a.m. and remains in effect until superseded.
Inseason Action #49
Description of the action: Inseason action #49 modifies the SOF
ocean salmon recreational fishery from Cape Falcon, OR, to Humbug
Mountain, OR, previously scheduled to open on March 15, 2023. This
fishery is closed through May 15, 2023.
Effective date: Inseason action #49 took effect on March 15, 2023,
at 12:01 a.m. and remains in effect until superseded.
Inseason Action #50
Description of the action: Inseason action #50 modifies the ocean
salmon recreational fishery and the salmon troll commercial fishery
from the Oregon/California border to the U.S./Mexico border. These
fisheries are closed through May 15, 2023.
Effective dates: Inseason action #50 takes effect for the following
areas and dates, and remains in effect until superseded.
[[Page 21113]]
<bullet> Effective May 1, 2023 at 12:01 a.m. for the salmon troll
commercial fishery from the Oregon/California border to Humboldt South
Jetty (California Klamath Management Zone).
<bullet> Effective April 16, 2023 at 12:01 a.m. for the salmon
troll commercial fishery from lat. 40[deg] 10' N to Point Arena, CA
(Fort Bragg management area).
<bullet> Effective May 1, 2023 at 12:01 a.m. for the salmon troll
commercial fishery from Point Arena, CA, to Pigeon Point, CA (San
Francisco management area).
<bullet> Effective May 1, 2023 at 12:01 a.m. for the salmon troll
commercial fishery from Pigeon Point, CA, to the U.S./Mexico border
(Monterey management area).
<bullet> Effective May 1, 2023 at 12:01 a.m. for the ocean salmon
recreational fishery from the Oregon/California border to lat. 40[deg]
10' N (California Klamath Management Zone management area).
<bullet> Effective April 1, 2023 at 12:01 a.m. for the ocean salmon
recreational fishery from lat. 40[deg] 10' N to Point Arena, CA (Fort
Bragg management area).
<bullet> Effective April 1, 2023 at 12:01 a.m. for the ocean salmon
recreational fishery from Point Arena, CA, to Pigeon Point, CA (San
Francisco management area).
<bullet> Effective April 1, 2023 at 12:01 a.m. for the ocean salmon
recreational fishery from Pigeon Point, CA to the U.S./Mexico border
(Monterey management area).
All other restrictions and regulations remain in effect as
announced for the 2022-2023 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, 2022; 87 FR 52353, August 25, 2022;
87 FR 54171, September 2, 2022; 87 FR 60105, October 4, 2022; 87 FR
66609, November 4, 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 information
available. 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 allow 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 4, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-07352 Filed 4-7-23; 8:45 am]
BILLING CODE 3510-22-P
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