Rule2023-17051
Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Action #17
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 9, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces one inseason action for the 2023-2024 ocean salmon fishing season. This inseason action modifies the July-September sub-quota for the 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 88 Issue 152 (Wednesday, August 9, 2023)</title>
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53813-53814]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17051]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 230508-0124; RTID 0648-XD179]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Action #17
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2023 management measures.
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SUMMARY: NMFS announces one inseason action for the 2023-2024 ocean
salmon fishing season. This inseason action modifies the July-September
sub-quota for the treaty Indian salmon fisheries in the area from the
U.S./Canada border to Cape Falcon, Oregon.
DATES: The effective date for this inseason action is set out in this
document under the heading ``Inseason Action'' and the actions remain
in effect until superseded or modified.
FOR FURTHER INFORMATION CONTACT: Shannon Penna, 562-980-4239,
<a href="/cdn-cgi/l/email-protection#02516a636c6c6d6c2c52676c6c63426c6d63632c656d74"><span class="__cf_email__" data-cfemail="e0b388818e8e8f8eceb0858e8e81a08e8f8181ce878f96">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The annual management measures for the 2023 and early 2024 ocean
salmon fisheries (88 FR 30235, May 11, 2023) 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, 2023, until the effective date of the 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 action described in this document affects the NOF
treaty tribal salmon fisheries, as set out under the heading ``Inseason
Action'' below.
Inseason Action
Inseason Action #17
Description of the action: Inseason action #17 modifies the July-
September subquota for the treaty Indian salmon fishery north of Cape
Falcon that was set preseason at 22,500 Chinook salmon, to 38,265
Chinook salmon through an impact-neutral rollover of unused May-June
subquota.
Effective dates: Inseason action #17 took effect on July 1, 2023,
and remains in effect until the end of the 2023 treaty Indian salmon
season on September 15, 2023.
Reason and authorization for the action: The tribal fisheries
reported a remaining catch of 15,765 Chinook salmon in the May-June
fishery subquota of 20,000. The Salmon Technical Team determined the
overage can be rolled over to the July-September fishery on an impact-
neutral basis with a new Chinook salmon subquota of 38,265. The treaty
tribes notified staff from NMFS, Council, and the Washington Department
of Fish and Wildlife of the need for modification of the July-September
quota. The NMFS West Coast Regional Administrator (RA) concurred with
the quota modification. This inseason action modifies quotas and/or
fishing seasons under 50 CFR 660.409(b)(1)(i).
All other restrictions and regulations remain in effect as
announced for the 2023 ocean salmon fisheries (88 FR 30235, May 11,
2023; 88 FR 44737, July 13, 2023; 88 FR 51250, August 3, 2023) except
as previously modified by inseason actions.
The RA determined that this inseason action was warranted based on
the best available information on Pacific salmon abundance forecasts,
landings and effort patterns 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
[[Page 53814]]
effective, by telephone hotline numbers 206-526-6667 and 800-662-9825.
Classification
NMFS issued 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 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 action
was provided to fishers through telephone hotlines and radio
notifications. These actions comply with the requirements of the annual
management measures for ocean salmon fisheries (88 FR 30235, May 11,
2023), 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: August 4, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-17051 Filed 8-4-23; 4:15 pm]
BILLING CODE 3510-22-P
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