Rule2023-24879
Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #27-#31
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
November 13, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces five 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 Humbug Mountain, Oregon.
Full Text
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<title>Federal Register, Volume 88 Issue 217 (Monday, November 13, 2023)</title>
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[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Rules and Regulations]
[Pages 77533-77535]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24879]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 230508-0124; RTID 0648-XD444]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Actions #27-#31
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 five 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 Humbug Mountain, 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remain in effect until superseded or modified.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#2d7e454c43434243037d4843434c6d43424c4c034a425b"><span class="__cf_email__" data-cfemail="abf8c3cac5c5c4c585fbcec5c5caebc5c4caca85ccc4dd">[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, catch
limits, and quotas as
[[Page 77534]]
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 and SOF recreational
fisheries, as set out under the heading Inseason Actions below.
Consultation with the Council Chairman on these inseason actions
occurred on September 6, 2023, September 13, 2023, and September 19,
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
September 13, 2023, and September 19, 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 #27
Description of the action: Inseason action #27 modifies the NOF
commercial salmon troll fishery. In the area between the U.S./Canada
border and Cape Falcon, the landing and possession limit is increased
from 7 Chinook salmon to 15 Chinook salmon and 100 coho salmon per
vessel per landing week (Thursday-Wednesday).
Effective dates: Inseason action #27 takes effect on September 7,
2023, at 12:01 a.m., and remains in effect until superseded.
Reason and authorization for the action: Inseason action #27 is
necessary to provide access to available Chinook and coho salmon quota
without exceeding the Chinook salmon guideline and in order to maximize
catch of the available coho salmon quota. The NMFS West Coast Regional
Administrator (RA) determined that this inseason action is necessary to
meet management and conservation goals for the 2023-early 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 #28
Description of the action: Inseason action #28 modifies the SOF
recreational fishery from Cape Falcon to Humbug Mountain. This action
increases the non-mark selective coho salmon quota in the September 1,
2023, through September 30, 2023, recreational fishery from 25,000 to
40,500 through an impact-neutral rollover of unused quota from the
June-August mark selective coho salmon recreational fishery.
Effective dates: Inseason action #28 takes effect on September 13,
2023, at 3:30 p.m., and remains in effect until the end of the
recreational non-mark selective coho salmon season on September 30,
2023, at 11:59 p.m.
Reason and authorization for the action: Authority for this impact-
neutral rollover of unutilized quota is specified in the 2023 ocean
salmon regulations (88 FR 30235, May 11, 2023). The SOF June-August
mark selective coho salmon recreational fishery had a quota of 110,000
marked coho salmon. Total catches for the mark selective season were
20,874 coho salmon, leaving a balance of 89,126. The STT calculated
that an impact-neutral rollover of the unutilized coho salmon quota
would add 15,500 coho salmon from the June-August mark-selective period
to the September non-selective coho salmon fishery quota of 25,500 for
an adjusted quota of 40,500 coho salmon. The RA determined that this
inseason action is necessary to meet management and conservation goals
for the 2023-early 2024 management measures after considering the best
available information on the 2023 abundance forecasts for coho salmon
stocks, remaining quota, effects on coho conservation objectives 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 #29
Description of the action: Inseason action #29 modifies the SOF
recreational fishery from Cape Falcon to Humbug Mountain. The
recreational non-mark selective coho salmon season is closed. The
season remains open for a daily bag limit of one Chinook salmon.
Effective dates: Inseason action #29 takes effect on September 17,
2023, at 11:59 p.m., and remains in effect until superseded.
Reason and authorization for the action: Inseason action #29 is
necessary to close the fishery to the retention of coho salmon catch to
preserve the length of the season while avoiding exceedance of the coho
salmon quota for this area. The RA determined that this inseason action
is necessary to meet management and conservation goals for the 2023-
early 2024 management measures after considering the best available
information on the 2023 abundance forecasts for coho 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 #30
Description of the action: Inseason action #30 modifies the
recreational salmon fishery from Cape Falcon to Humbug Mountain. This
action increased the non-mark selective coho salmon quota from 40,500
to 42,500 through an impact-neutral rollover of a portion of the unused
quota from the June-August mark selective coho salmon recreational
fishery.
Effective dates: Inseason action #30 takes effect on September 19,
2023, at 4:30 p.m., and remains in effect until the end of the non-mark
selective recreational salmon season on September 30, 2023, at 11:59
p.m.
Reason and authorization for the action: Authority for this impact-
neutral rollover of unutilized quota is specified in the 2023 ocean
salmon regulations (88 FR 30235, May 11, 2023). The SOF June-August
mark selective coho salmon recreational fishery had a quota of 110,000
marked coho salmon. An impact-neutral rollover of the unutilized coho
salmon was made on September 13, 2023 (see Inseason Action #28)
adjusting the September quota to 40,500. The most recent catches for
the mark selective season brought the season total to 28,885 coho
salmon, leaving a balance of 11,615. The STT calculated that an impact-
neutral rollover of a portion of the unutilized coho salmon quota would
add an additional 2,000 coho salmon from the June-August period to the
September
[[Page 77535]]
non-selective coho salmon fishery quota of 40,500 for an adjusted quota
of 42,500 coho salmon. Managers took into account the uncertainty in
the catch to date in rolling over a portion of the unutilized coho
quota to insure that catch did not exceed the overall 2023 coho quota
for the SOF area. The RA determined that this inseason action is
necessary to meet management and conservation goals for the 2023-early
2024 management measures after considering the best available
information on the 2023 abundance forecasts for coho 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 #31
Description of the action: Inseason action #31 modifies the
recreational salmon fishery in the area from Cape Falcon to Humbug
Mountain. The fishery is open to retention of coho salmon. Daily bag
limit of two salmon, but no more than one Chinook salmon. Beginning
October 1, 2023, at 12:01 a.m., open only shoreward of the 40-fathom
regulatory line.
Effective dates: Inseason action #31 takes effect on September 21,
2023, at 12:01 a.m., and remains in effect until superseded.
Reason and authorization for the action: Inseason action #31 is
necessary to open the fishery to the retention of coho salmon and
provide access to available Chinook and coho salmon quota without
exceeding 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 conservation goals for the
2023-early 2024 management measures after considering the best
available information on the 2023 abundance forecasts for coho 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).
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; 88 FR 65824,
September 26, 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: November 6, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-24879 Filed 11-9-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on November 13, 2023.
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