Rule2023-28267
Fraser River Pink Salmon Fisheries; Inseason Orders
Primary source
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Published
December 26, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS publishes inseason orders to regulate treaty tribal and non-tribal (all citizen) commercial salmon fisheries in United States (U.S.) waters of the Fraser River Panel (Panel) Area. The orders were issued by the (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during 2023 for pink salmon fisheries within the U.S. Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty tribal and all citizen commercial fisheries during the period the Panel exercised jurisdiction over these fisheries.
Full Text
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<title>Federal Register, Volume 88 Issue 246 (Tuesday, December 26, 2023)</title>
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[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Rules and Regulations]
[Pages 88832-88834]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28267]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[RTID 0648-XD573]
Fraser River Pink Salmon Fisheries; Inseason Orders
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason orders.
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SUMMARY: NMFS publishes inseason orders to regulate treaty tribal and
non-tribal (all citizen) commercial salmon fisheries in United States
(U.S.) waters of the Fraser River Panel (Panel) Area. The orders were
issued by the (Panel) of the Pacific Salmon Commission (Commission) and
subsequently approved and issued by NMFS during 2023 for pink salmon
fisheries within the U.S. Panel Area. These orders established fishing
dates, times, and areas for the gear types of U.S. treaty tribal and
all citizen commercial fisheries during the period the Panel exercised
jurisdiction over these fisheries.
DATES: The effective dates for the inseason orders are set out in this
document under the heading Inseason Orders.
FOR FURTHER INFORMATION CONTACT: Anthony Siniscal at 971-322-8407,
email: <a href="/cdn-cgi/l/email-protection#3f7e514b57505146114c5651564c5c5e537f51505e5e11585049"><span class="__cf_email__" data-cfemail="175679637f78796e39647e797e6474767b577978767639707861">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Treaty between the Government of the
United States of America and the Government of Canada concerning
Pacific salmon was signed at Ottawa on January 28, 1985, and
subsequently was given effect in the United States by the Pacific
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
Under authority of the Act, Federal regulations at 50 CFR part 300,
subpart F, provide a framework for the implementation of certain
regulations of the Commission and inseason orders of the Commission's
Panel for U.S. sockeye and pink salmon fisheries in the Fraser River
Panel Area.
The regulations close the U.S. portion of the Panel Area to U.S.
sockeye and pink salmon tribal and non-tribal commercial fishing unless
opened by Panel regulations that are given effect by inseason orders
issued by NMFS (50 CFR 300.94(a)(1)). During the fishing season, NMFS
may issue inseason orders that establish fishing times and areas
consistent with the Commission agreements and regulations of the Panel.
Such orders must be consistent with domestic legal obligations and are
issued by the Regional Administrator, West Coast Region, NMFS. Official
notification of these inseason actions is provided by two telephone
hotline numbers described at 50 CFR 300.97(b)(1) and in 84 FR 19729
(May 6, 2019). The inseason orders are published in the Federal
Register as soon as practicable after they are issued. Due to the
frequency with which inseason orders are issued, publication of orders
during the fishing season is impracticable.
Inseason Orders
NMFS issued the following inseason orders for U.S. fisheries within
Panel Area waters during the 2023 fishing season, consistent with the
orders adopted by the Panel. Each of the following inseason actions was
effective upon announcement on telephone hotline numbers as specified
at 50 CFR 300.97(b)(1) and in 88 FR 30235 (May 11, 2023); those dates
and times are listed herein. The times listed are local times, and the
areas designated are Puget Sound Management and Catch Reporting Areas
as defined in the Washington State Administrative Code at Chapter 220-
301-030.
Fraser River Panel Order Number 2023-01: Issued 3:30 p.m., August 18,
2023
Treaty Tribal Fishery
Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m.
(noon), Saturday, August 19, 2023, through 12 p.m. (noon), Tuesday,
August 22, 2023.
Areas 6, 7, and 7A: Open for net fishing from 5 a.m. through 9
p.m., Sunday, August 20, 2023.
[[Page 88833]]
Fraser River Panel Order Number 2023-02: Issued 4:30 p.m., August 22,
2023
Treaty Tribal Fishery
Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m.
(noon), Tuesday, August 22, 2023 through 12 p.m. (noon), Friday, August
25, 2023. Sockeye must be released.
Areas 6, 7, and 7A: Open for net fishing from 5 a.m. through 9
p.m., Wednesday, August 23, 2023 and 5 a.m. through 9 p.m., Friday,
August 25, 2023. Sockeye must be released.
All Citizen Fishery
Areas 7 and 7A: Open for purse seine fishing from 5 a.m. through 9
p.m., Thursday, August 24, 2023 and 5 a.m. through 9 p.m., Friday,
August 25, 2023. Sockeye must be released.
Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through
11:59 p.m., Thursday, August 24, 2023 and 8 a.m. through 11:59 p.m.,
Friday, August 25, 2023. Sockeye must be released.
Areas 7: Open for reef net fishing 5 a.m. through 9 p.m.,
Wednesday, August 23, 2023, 5 a.m. through 9 p.m., Thursday, August 24,
2023, and 5 a.m. through 9 p.m., Friday, August 25, 2023. Sockeye must
be released.
Fraser River Panel Order Number 2023-03: Issued 2:30 p.m., August 25,
2023
Treaty Tribal Fishery
Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m.
(noon), Friday, August 25, 2023 through 12 p.m. (noon), Wednesday,
August 30, 2023. Sockeye must be released.
Areas 6, 7, and 7A: Open for net fishing 5 a.m., Saturday, August
26, 2023 through 9 a.m., Wednesday, August 30, 2023. Sockeye must be
released.
All Citizen Fishery
Areas 7 and 7A: Open for purse seine fishing 5 a.m. through 9 p.m.,
Saturday, August 26, 2023; 5 a.m. through 9 p.m., Sunday, August 27,
2023; 5 a.m. through 9 p.m., Monday, August 28, 2023; and 5 a.m.
through 9 p.m., Tuesday, August 29, 2023. Sockeye must be released.
Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through
11:59 p.m., Saturday, August 26, 2023; 8 a.m. through 11:59 p.m.,
Sunday, August 27, 2023; 8 a.m. through 11:59 p.m., Monday, August 28,
2023; and 8 a.m. through 11:59 p.m., Tuesday, August 29, 2023. Sockeye
must be released.
Area 7: Open for reef net fishing 5 a.m. through 9 p.m., Saturday,
August 26, 2023; 5 a.m. through 9 p.m., Sunday, August 27, 2023; 5 a.m.
through 9 p.m., Monday, August 28, 2023; and 5 a.m. through 9 p.m.,
Tuesday, August 29, 2023. Sockeye must be released.
Fraser River Panel Order Number 2023-04: 1:30 p.m., Issued August 29,
2023
Treaty Tribal Fishery
Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m.
(noon), Wednesday, August 30, 2023 through 12 p.m. (noon), Friday,
September 1, 2023. Sockeye must be released.
Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Wednesday,
August 30, 2023 through 9 a.m., Saturday, September 2, 2023. Sockeye
must be released.
All Citizen Fishery
Areas 7 and 7A: Open for purse seine fishing 5 a.m. through 9 p.m.,
Wednesday, August 30, 2023; 5 a.m. through 9 p.m., Thursday, August 31,
2023; and 5 a.m. through 9 p.m., Friday, September 1, 2023. Sockeye
must be released.
Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through
11:59 p.m., Wednesday, August 30, 2023; 8 a.m. through 11:59 p.m.,
Thursday, August 31, 2023; and 8 a.m. through 11:59 p.m., Friday,
September 1, 2023. Sockeye must be released.
Area 7: Open for reef net fishing 5 a.m. through 9 p.m., Wednesday,
August 30, 2023; 5 a.m. through 9 p.m., Thursday, August 31, 2023; and
5 a.m. through 9 p.m., Friday, September 1, 2023. Sockeye must be
released.
Fraser River Panel Order Number 2023-05: Issued 1:30 p.m., September 1,
2023
Treaty Tribal Fishery
Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m.
(noon), Friday, September 1, 2023 through 12 p.m. (noon), Wednesday,
September 6, 2023. Sockeye must be released.
Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Saturday,
September 2, 2023 through 9 a.m., Wednesday, September 6, 2023. Sockeye
must be released.
All Citizen Fishery
Areas 7 and 7A: Open for purse seine fishing 5 a.m. through 9 p.m.,
Saturday, September 2, 2023; 5 a.m. through 9 p.m., Sunday, September
3, 2023; 5 a.m. through 9 p.m., Monday, September 4, 2023; and 5 a.m.
through 9 p.m., Tuesday, September 5, 2023. Sockeye must be released.
Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through
11:59 p.m., Saturday, September 2, 2023; 8 a.m. through 11:59 p.m.,
Sunday, September 3, 2023; 8 a.m. through 11:59 p.m., Monday, September
4, 2023; and 8 a.m. through 11:59 p.m., Tuesday, September 5, 2023.
Sockeye must be released.
Area 7: Open for reef net fishing 5 a.m. through 9 p.m., Saturday,
September 2, 2023; 5 a.m. through 9 p.m., Sunday, September 3, 2023; 5
a.m. through 9 p.m., Monday, September 4, 2023; and 5 a.m. through 9
p.m., Tuesday, September 5, 2023. Sockeye must be released.
Fraser River Panel Order Number 2023-06: Issued 12:00 p.m., September
5, 2023
Treaty Tribal Fishery
Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m.
(noon), Wednesday, September 6, 2023 through 12 p.m. (noon), Saturday,
September 9, 2023. Sockeye must be released.
Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Wednesday,
September 6, 2023 through 9 a.m., Saturday, September 9, 2023. Sockeye
must be released.
All Citizen Fishery
Areas 7 and 7A: Open for purse seine fishing 5 a.m. through 9 p.m.,
Wednesday, September 6, 2023; 5 a.m. through 9 p.m., Thursday,
September 7, 2023; and 5 a.m. through 9 p.m., Friday, September 8,
2023. Sockeye must be released.
Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through
11:59 p.m., Wednesday, September 6, 2023; 8 a.m. through 11:59 p.m.,
Thursday, September 7, 2023; and 8 a.m. through 11:59 p.m., Friday,
September 8, 2023. Sockeye must be released.
Area 7: Open for reef net fishing 5 a.m. through 9 p.m., Wednesday,
September 6, 2023; 5 a.m. through 9 p.m., Thursday, September 7, 2023;
5 a.m. through 9 p.m., and Friday, September 8, 2023. Sockeye must be
released.
Fraser River Panel Order Number 2023-07: Issued 12:00 p.m., September
8, 2023
Treaty Tribal Fishery
Areas 4B, 5, and 6C: Relinquish regulatory control effective 11:59
p.m., Saturday, September 9, 2023.
Areas 6, 7, and 7A: Extend for net fishing from 9 a.m., Saturday,
September 9, 2023 through 9 a.m., Wednesday, September 13, 2023.
Sockeye must be released.
All Citizen Fishery
Areas 7 and 7A: Open for purse seine fishing 5:30 a.m. through 9
p.m., Saturday, September 9, 2023; 5:30 a.m. through 9 p.m., Sunday,
September 10, 2023; 5:30 a.m. through 9 p.m., Monday,
[[Page 88834]]
September 11, 2023; and 5:30 a.m. through 9 p.m., Tuesday, September
12, 2023. Sockeye must be released.
Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through
9 p.m., Saturday, September 9, 2023; 8 a.m. through 9 p.m., Sunday,
September 10, 2023; 8 a.m. through 9 p.m., Monday, September 11, 2023;
and 8 a.m. through 9 p.m., Tuesday, September 12, 2023. Sockeye must be
released.
Area 7: Open for reef net fishing 5:30 a.m. through 9 p.m.,
Saturday, September 9, 2023; 5:30 a.m. through 9 p.m., Sunday,
September 10, 2023; 5:30 a.m. through 9 p.m., Monday, September 11,
2023; and 5:30 a.m. through 9 p.m., Tuesday, September 12, 2023.
Sockeye must be released.
Fraser River Panel Order Number 2023-08: Issued 12:00 p.m., September
12, 2023
Treaty Tribal Fishery
Areas 6, 7, and 7A: Extend for net fishing from 9 a.m. through
11:59 p.m., Wednesday, September 13, 2023. Sockeye must be released.
Treaty Tribal and All Citizen Fisheries
Areas 6, 7, and 7A, excluding the Apex: Relinquish regulatory
control effective 11:59 p.m., Wednesday, September 13, 2023. The Apex
is those waters north and west of the Area 7A ``East Point Line,''
defined as a line projected from the low water range marker in Boundary
Bay on the International Boundary through the east tip of Point Roberts
in the state of Washington to the East Point light on Saturna Island in
the Province of British Columbia.
Classification
The Assistant Administrator for Fisheries NOAA (AA), finds that
good cause exists for the inseason orders to be issued without
affording the public prior notice and opportunity for comment under 5
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is
impracticable and contrary to the public interest. Prior notice and
opportunity for public comment is impracticable because of insufficient
time between the time the stock abundance information is available to
determine how much fishing can be allowed and the time the fishery must
open or close in order to harvest the appropriate amount of fish while
they are available.
The AA also finds good cause to waive the 30-day delay in the
effective date, required under 5 U.S.C. 553(d)(3), of the inseason
orders. A delay in the effective date of the inseason orders would not
allow fishers appropriately controlled access to the available fish at
that time they are available.
This action is authorized by 50 CFR 300.97, and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 3636(b).
Dated: December 19, 2023.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-28267 Filed 12-22-23; 8:45 am]
BILLING CODE 3510-22-P
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