65824 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Rules and Regulations 

published in the Federal Register on 

December 17, 1993 (58 FR 65936), 

provided a mechanism for transferring 

summer flounder commercial quota 

from one state to another. Two or more 

states, under mutual agreement and 

with the concurrence of the NMFS 

Greater Atlantic Regional Administrator, 

can transfer or combine summer 

flounder commercial quota under 

§ 648.102(c)(2). The Regional 

Administrator is required to consider 

three criteria in the evaluation of 

requests for quota transfers or 

combinations: the transfer or 

combinations would not preclude the 

overall annual quota from being fully 

harvested; the transfer addresses an 

unforeseen variation or contingency in 

the fishery; and the transfer is consistent 

with the objectives of the FMP and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). The Regional 

Administrator has determined these 

three criteria have been met for the 

transfer approved in this notification. 

North Carolina is transferring 20,441 

lb (9,272 kg) to Virginia through a 

mutual agreement between the states. 

This transfer was requested to repay 

landings made by out-of-state permitted 

vessels under safe harbor agreements. 

The revised summer flounder quotas for 

2023 are North Carolina, 3,281,083 lb 

(1,488,274 kg), and Virginia, 2,764,904 

lb (1,254,139 kg). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

648.102(c)(2)(i) through (iv), which was 

issued pursuant to section 304(b), and is 

exempted from review under Executive 

Order 12866. 

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. 2023–20874 Filed 9–25–23; 8:45 am] 

BILLING CODE 3510–22–P 

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. 

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, 

Shannon.Penna@noaa.gov. 

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 


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Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Rules and Regulations 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 markselective 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. 

• 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-markselective. 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. 

• 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-markselective. 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. 

• 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 markselective 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. 

• 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 markselective 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-markselective 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 unmarked 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). 


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65826 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Rules and Regulations 

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 MagnusonStevens 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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