Rule2023-18512
Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Action #18
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 28, 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 commercial 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 165 (Monday, August 28, 2023)</title>
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[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Rules and Regulations]
[Pages 58522-58523]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18512]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 230508-0124; RTID 0648-XD191]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Action #18
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 commercial
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 action remains
in effect until superseded or modified.
FOR FURTHER INFORMATION CONTACT: Shannon Penna, 562-980-4239,
<a href="/cdn-cgi/l/email-protection#06556e6768686968285663686867466869676728616970"><span class="__cf_email__" data-cfemail="beedd6dfd0d0d1d090eedbd0d0dffed0d1dfdf90d9d1c8">[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,
[[Page 58523]]
to the U.S./Mexico border). The actions described in this document
affect the NOF commercial salmon troll fisheries, as set out under the
heading Inseason Action below.
Consultation with the Council Chairperson on this inseason action
occurred on July 19, 2023. This consultation included representatives
from NMFS, Washington Department of Fish and Wildlife, Oregon
Department of Fish and Wildlife, and California Department of Fish and
Wildlife. Representatives from the Salmon Advisory Subpanel and Salmon
Technical Team were also present.
This inseason action was 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 Action
Inseason Action #18
Description of the action: Inseason action #18 modifies the NOF
ocean salmon troll commercial fishery.
Effective dates: Inseason action #18 takes effect for the following
areas and dates, and remains in effect until superseded.
<bullet> Effective July 20, 2023, at 12:01 a.m., through Wednesday,
July 26, 2023, at 11:59 p.m., in the area between the U.S./Canada
border and Cape Falcon, the landing possession limit is decreased from
35 Chinook salmon and 150 adipose marked coho salmon per vessel per
landing week to 30 Chinook salmon and 150 adipose marked coho salmon
per vessel per landing week (Thursday-Wednesday).
<bullet> Effective July 27, 2023, at 12:01 a.m., through August 2,
2023, at 11:59 p.m., in the area between the U.S./Canada border and
Cape Falcon, the landing and possession limit is decreased from 30
Chinook salmon and 150 adipose marked coho salmon per vessel per
landing week to 20 Chinook salmon and 150 adipose marked coho salmon
per vessel per landing week (Thursday-Wednesday).
<bullet> Effective August 3, 2023, at 12:01 a.m., the area between
the U.S./Canada border and Cape Falcon is closed.
Reason and authorization for the action: Inseason action #18 was
necessary to progressively slow the rate of Chinook salmon catch in
order to preserve the length of the salmon fishing season by setting
lower landing and possession limits. The NMFS West Coast Regional
Administrator (RA) determined that this inseason action is necessary to
meet management and conservation goals for the 2023-2024 management
measures after considering the best available information on the 2023
abundance forecasts for Chinook salmon stocks, landings and effort
patterns to date, anticipated fishery effort and projected catch, the
timing of the action relative to the length of the season, and the
other factors and considerations set forth in 50 CFR 660.409. This
inseason action modified 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; 88 FR
53813, August 9, 2023) except as previously modified by inseason
actions.
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 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 23, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-18512 Filed 8-25-23; 8:45 am]
BILLING CODE 3510-22-P
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