Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations 77533 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; possession 

limit adjustment. 

SUMMARY: NMFS is implementing a 

2,000 lb (907.2 kg) possession limit for 

Atlantic herring for Management Area 

1A. This is required because NMFS 

projects that herring catch from Area 1A 

will reach 92 percent of the Area’s subannual catch limit before the end of the 

fishing year. This action is intended to 

prevent overharvest of herring in Area 

1A, which would result in additional 

catch limit reductions in a subsequent 

year. 

DATES: Effective 00:01 hour (hr) local 

time, November 8, 2023, through 

December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Louis Forristall, Fishery Management 

Specialist, (978) 281–9321. 

SUPPLEMENTARY INFORMATION: The 

Regional Administrator of the Greater 

Atlantic Regional Office monitors 

Atlantic herring fishery catch in each 

Management Area based on vessel and 

dealer reports, state data, and other 

available information. Regulations at 50 

CFR 648.201(a)(1)(i)(A) require that 

NMFS implement a 2,000 lb (907.2 kg) 

possession limit for herring for Area 1A 

beginning on the date that catch is 

projected to reach 92 percent of the subannual catch limit (ACL) for that area. 

Based on vessel reports, dealer 

reports, and other available information, 

the Regional Administrator projects that 

the herring fleet will have caught 92 

percent of the Area 1A sub-ACL by 

November 6, 2023. Therefore, effective 

00:01 hr local time November 8, 2023, 

through December 31, 2023, a person 

may not attempt or do any of the 

following: Fish for; possess; transfer; 

purchase; receive; land; or sell more 

than 2,000 lb (907.2 kg) of herring per 

trip or more than once per calendar day 

in or from Area 1A. 

Vessels that enter port before 00:01 hr 

local time on November 8, 2023, may 

land and sell more than 2,000 lb (907.2 

kg) of herring from Area 1A from that 

trip, provided that catch is landed in 

accordance with state management 

measures. Vessels may transit or land in 

Area 1A with more than 2,000 lb (907.2 

kg) of herring on board, provided that: 

The herring were caught in an area not 

subject to a 2,000 lb (907.2 kg) limit; all 

fishing gear is stowed and not available 

for immediate use; and the vessel is 

issued a permit appropriate to the 

amount of herring on board and the area 

where the herring was harvested. 

Also effective 00:01 hr local time, 

November 8, 2023, through 24:00 hr 

local time, December 31, federally 

permitted dealers may not attempt or do 

any of the following: Purchase; receive; 

possess; have custody or control of; sell; 

barter; trade; or transfer more than 2,000 

lb (907.2 kg) of herring per trip or 

calendar day from Area 1A, unless it is 

from a vessel that enters port before 

00:01 hr local time on November 8, 2023 

and catch is landed in accordance with 

state management measures. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

NMFS finds good cause pursuant to 5 

U.S.C. 553(b)(3)(B) to waive prior notice 

and the opportunity for public comment 

because it is unnecessary, contrary to 

the public interest, and impracticable. 

Ample prior notice and opportunity for 

public comment has been provided for 

the required implementation of this 

action. The requirement to implement 

this possession limit was developed by 

the New England Fishery Management 

Council using public meetings that 

invited public comment on the 

measures when they were developed 

and considered along with alternatives. 

Further, the regulations requiring NMFS 

to implement this possession limit also 

were subject to public notice and 

opportunity to comment, when they 

were first adopted in 2014. Herring 

fishing industry participants monitor 

catch closely and anticipate potential 

possession limit adjustments as catch 

totals approach Area sub-ACLs. The 

regulation provides NMFS with no 

discretion and is designed for 

implementation as quickly as possible 

to prevent catch from exceeding limits 

designed to prevent overfishing while 

allowing the fishery to achieve optimum 

yield. 

The 2023 herring fishing year began 

on January 1, 2023, and Management 

Area 1A opened to fishing on June 1, 

2023. Data indicating that the herring 

fleet will have landed at least 92 percent 

of the 2023 sub-ACL allocated to Area 

1A only recently became available. 

High-volume catch and landings in this 

fishery can increase total catch relative 

to the sub-ACL quickly, especially in 

this fishing year where annual catch 

limits are unusually low. If 

implementation of this possession limit 

adjustment is delayed to solicit prior 

public comment, the 2023 sub-ACL for 

Area 1A will likely be exceeded; thereby 

undermining the conservation 

objectives of the Herring Fishery 

Management Plan (FMP). If sub-ACLs 

are exceeded, the excess must be 

deducted from a future sub-ACL and 

would reduce future fishing 

opportunities. The public expects these 

actions to occur in a timely way 

consistent with the FMP’s objectives. 

For the reasons stated above, NMFS also 

finds good cause to waive the 30-day 

delayed effectiveness in accordance 

with 5 U.S.C. 553(d)(3). 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 7, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–24921 Filed 11–7–23; 4:15 pm] 

BILLING CODE 3510–22–P 

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. 

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, 

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, catch limits, and quotas as 


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77534 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations 

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 


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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations 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 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: 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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