Rule2023-20796
Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Action #19-26
Primary source
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Published
September 26, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces eight inseason actions for the 2023-2024 ocean salmon fishing season. These inseason actions modify the recreational and 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 185 (Tuesday, September 26, 2023)</title>
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[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Rules and Regulations]
[Pages 65824-65826]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20796]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 230508-0124; RTID 0648-XD334]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Action #19-26
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 eight inseason actions for the 2023-2024 ocean
salmon fishing season. These inseason actions modify the recreational
and commercial salmon fisheries in the area from the U.S./Canada border
to Cape Falcon, Oregon.
DATES: The effective dates for these 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remain in effect until superseded or modified.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, 562-980-4239,
<a href="/cdn-cgi/l/email-protection#96c5fef7f8f8f9f8b8c6f3f8f8f7d6f8f9f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="89dae1e8e7e7e6e7a7d9ece7e7e8c9e7e6e8e8a7eee6ff">[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 actions described in this document affect the NOF
commercial salmon troll and recreational fisheries, as set out under
the heading Inseason Actions below.
Consultation with the Council Chairman on these inseason actions
occurred on July 26, 2023, August 15, 2023, August 17, 2023, and August
25, 2023. These consultations 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 (STT) were also present. A Council representative was present on
August 15, 2023.
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 #19
Description of the action: Inseason action #19 modifies the NOF
ocean salmon recreational fishery from the Queets River to Leadbetter
Point (Westport Subarea--Marine Area 2). Retention of Chinook salmon is
prohibited on Fridays and Saturdays. Possession of Chinook salmon is
illegal when retention is prohibited in the area.
Effective dates: Inseason action #19 takes effect on July 28, 2023,
at 12:01 a.m., and remains in effect until superseded.
Reason and authorization for the action: Inseason action #19 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 NMFS West Coast Regional
Administrator (RA) determined that this inseason action is necessary to
meet management and conservations 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 recreational bag limits under 50 CFR
660.409(b)(1)(iii).
Inseason Action #20
Description of the action: Inseason action #20 modifies the NOF
[[Page 65825]]
commercial salmon troll fishery. The area between the U.S./Canada
border and Cape Falcon is open, the landing and possession limit
decreased from 20 Chinook salmon and 150 adipose marked coho salmon per
vessel per landing week (Thursday-Wednesday) to 7 Chinook salmon and
100 adipose marked coho salmon per vessel per landing week (Thursday--
Wednesday).
Effective dates: Inseason action #20 takes effect on August 17,
2023, at 12:01 a.m., and remains in effect until September 30, 2023, at
11:59 p.m.
Reason and authorization for the action: Inseason action #20 was
necessary to avoid exceedance of the Chinook salmon guideline and
maximize catch of the available coho salmon quota. The RA determined
that this inseason action is necessary to meet management and
conservations 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).
Inseason Action #21
Description of the action: Inseason action #21 modifies the NOF
ocean recreational salmon fishery. The area from the Queets River to
Leadbetter Point (Marine Area 2--Westport Subarea) is open with a daily
limit of two salmon, only one of which may be a Chinook salmon. All
coho salmon must be marked with a healed adipose fin clip.
Effective dates: Inseason action #21 takes effect on August 18,
2023, at 12:01 a.m., and remains in effect until September 30, 2023, at
11:59 p.m.
Reason and authorization for the action: Due to larger than
expected Chinook salmon catch, inseason action #21 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. The RA determined that this
inseason action is necessary to meet management and conservations 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 recreational
bag limits under 50 CFR 660.409(b)(1)(iii).
Inseason Action #22
Description of the action: Inseason action #22 modifies the NOF
commercial salmon troll fishery from the U.S./Canada border to Cape
Falcon. The 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 9,070. The landing and possession limit
for coho salmon is modified to 100 coho salmon (marked or unmarked) per
vessel per landing week (Thursday-Wednesday). The landing and
possession limit for Chinook salmon remains 7 Chinook salmon per vessel
per landing week (Thursday-Wednesday).
Effective dates: Inseason action #22 takes effect on August 26,
2023, at 12:01 a.m. and remains in effect until superseded.
Reason and authorization for the action: Inseason action #22 was
necessary to avoid exceedance of the Chinook salmon guideline and
maximize catch of the available coho salmon quota. The RA determined
that this inseason action is necessary to meet management and
conservations 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).
Inseason Actions #23-#26
Descriptions of the actions: Inseason actions #23-#26 modify the
NOF recreational salmon fisheries.
<bullet> Inseason action #23, the coho salmon quota in the area
from Cape Falcon to Leadbetter Point (Columbia River subarea--Marine
Area 1) is adjusted on an impact neutral basis, from mark-selective to
non-mark-selective. The non-mark-selective coho salmon quota is 21,740.
The daily limit is modified to two salmon per day, only one of which
may be a Chinook salmon.
<bullet> Inseason action #24, the coho salmon quota in the area
from the Queets River to Leadbetter Point (Westport subarea--Marine
Area 2) is adjusted on an impact neutral basis, from mark-selective to
non-mark-selective. The non-mark-selective coho salmon quota is 16,010.
The daily limit is modified to two salmon per day, only one of which
may be a Chinook salmon.
<bullet> Inseason action #25, the coho salmon quota in the area
from Cape Alava to the Queets River (La Push subarea--Marine Area 3) is
adjusted on an impact neutral basis, from mark-selective to non-mark-
selective. The non-mark-selective coho salmon quota is 1,210. The daily
limit is modified to two salmon per day; retention of chum salmon is
prohibited.
<bullet> Inseason action #26, the coho salmon quota in the area
from the U.S./Canada border to Cape Alava (Neah Bay subarea--Marine
Area 4) is adjusted on an impact neutral basis, from mark-selective to
non-mark-selective. The non-mark-selective coho salmon quota is 4,800.
The daily limit is modified to two salmon per day; retention of chum
salmon is prohibited. The portion of the subarea east of the Bonilla-
Tatoosh line is closed to fishing for salmon.
Effective dates: Inseason actions #23-#26 take effect on August 26,
2023, at 12:01 a.m. and remain in effect until superseded.
Reason and authorization for actions #23-#26: Inseason actions #23-
#26 were 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. Quotas have been adjusted
downward in a manner to ensure that impacts to non-mark-selective coho
salmon are not increased from preseason expected rates. The annual
management measures (88 FR 30235, May 11, 2023) 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 determined that these inseason actions are necessary to meet
management and conservations 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. These
inseason actions modified recreational bag limits authorized by 50 CFR
660.409(b)(1)(iii).
[[Page 65826]]
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; 88 FR 58522, August 28, 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 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 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: September 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-20796 Filed 9-25-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 26, 2023.
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