Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 38069 

[FR Doc. 2018–16567 Filed 8–2–18; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 170831849–8404–01] 

RIN 0648–XG337 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial Salmon Fisheries; 

Inseason Actions #2 through #11 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Modification of fishing seasons. 

SUMMARY: NMFS announces ten 

inseason actions in the ocean salmon 

fisheries. These inseason actions 

modified the commercial salmon 

fisheries in the area from the U.S./ 

Canada border to the U.S./Mexico 

border. 

DATES: The effective dates for the 

inseason actions are set out in this 

document under the heading Inseason 

Actions. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Mundy at 206–526–4323. 

SUPPLEMENTARY INFORMATION: 


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38070 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 

Background 

In the 2018 annual management 

measures for ocean salmon fisheries (83 

FR 19005, May 1, 2018), NMFS 

announced management measures for 

the commercial and recreational 

fisheries in the area from the U.S./ 

Canada border to the U.S./Mexico 

border, beginning May 1, 2018, through 

April 30, 2019. 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 Pacific 

Fishery Management Council (Council) 

and the appropriate State Directors (50 

CFR 660.409(b)—Flexible inseason 

management provisions). The state 

management agencies that participated 

in the consultations described in this 

document were: California Department 

of Fish and Wildlife (CDFW), Oregon 

Department of Fish and Wildlife 

(ODFW), and Washington Department of 

Fish and Wildlife (WDFW). 

Management Areas 

Management of the salmon fisheries is 

generally divided into two geographic 

areas: North of Cape Falcon (U.S./ 

Canada border to Cape Falcon, OR) and 

south of Cape Falcon (Cape Falcon, OR, 

to the U.S./Mexico border). South of 

Cape Falcon, the area from Humbug 

Mountain, OR, to Horse Mountain, CA, 

is the Klamath Management Zone 

(KMZ) and is managed in two subareas, 

Oregon KMZ and California KMZ, 

divided at the Oregon/California border. 

For managing commercial salmon 

fisheries, the Oregon KMZ is the area 

from Humbug Mountain, OR to the 

Oregon/California border, and the 

California KMZ is the area from the 

Oregon/California border to Humboldt 

South Jetty, CA. The area from 

Humboldt South Jetty, CA, to Horse 

Mountain, CA, is closed to commercial 

salmon fishing in 2018. 

Inseason Actions 

Inseason Action #2 

Description of action: Inseason action 

#2 closed the commercial salmon 

fishery from the U.S./Canada border to 

Queets River, WA, at 11:59 p.m., May 

27, 2018. 

Effective dates: Inseason action #2 

took effect on May 27, 2018, and 

remained in effect until superseded by 

inseason action #3 on May 31, 2018. 

Reason and authorization for the 

action: WDFW provided information on 

salmon landings in the ocean salmon 

fishery north of Queets River, WA, and 

recommended that, at the current rate of 

harvest, the May-June Chinook salmon 

quota in the area was at risk of being 

exceeded. The purpose of this action 

was to avoid exceeding the May-June 

quota for Chinook salmon in the area. 

The NMFS West Coast Regional 

Administrator (RA) considered Chinook 

salmon landings and fishery effort in the 

area north of Cape Falcon and 

determined that this inseason action 

was necessary to meet management 

objectives set preseason. The 2018 

annual management measures for ocean 

salmon fisheries (83 FR 19005, May 1, 

2018) state that landing limits may be 

modified inseason to sustain season 

length and keep harvest within overall 

quotas. Flexible inseason management 

provisions are authorized by 50 CFR 

660.409(b). 

Consultation date and participants: 

Consultation on inseason action #2 

occurred on May 25, 2018. 

Representatives from NMFS, WDFW, 

ODFW, and the Council participated in 

this consultation. 

Inseason Action #3 

Description of action: Inseason action 

#3 superseded inseason action #2 and 

reopened the commercial salmon 

fishery from the U.S./Canada border to 

Queets River, WA, from May 31, 2018, 

through June 4, 2018, with an open 

period landing limit of 35 Chinook 

salmon per vessel. 

Effective dates: Inseason action #3 

took effect May 31, 2018, and remained 

in effect until superseded by inseason 

action #7 on June 8, 2018. 

Reason and authorization for the 

action: WDFW reported updated 

landings for the area north of Cape 

Falcon and recommended that sufficient 

quota remained in the area north of the 

Queets River to reopen the fishery, on 

a limited basis, for five days with a 35 

Chinook salmon per vessel landing 

limit. This recommendation reduced the 

open period from seven days per week 

and the landing limit from 50 Chinook 

salmon per vessel, set preseason. The 

RA considered Chinook salmon 

landings and fishery effort in the area 

north of Cape Falcon and determined 

that this inseason action was necessary 

to meet management objectives set 

preseason and to allow commercial 

salmon fishers to fully access available 

quota. The 2018 annual management 

measures for ocean salmon fisheries (83 

FR 19005, May 1, 2018) state that 

landing limits may be modified 

inseason to sustain season length and 

keep harvest within overall quotas. 

Flexible inseason management 

provisions are authorized by 50 CFR 

660.409(b). 

Consultation date and participants: 

Consultation on inseason action #3 

occurred on May 30, 2018. 

Representatives from NMFS, WDFW, 

ODFW, and the Council participated in 

this consultation. 

Inseason Action #4 

Description of action: Inseason action 

#4 increased the landing limit in the 

commercial ocean salmon fishery from 

Queets River, WA, to Leadbetter Point, 

WA, from 100 Chinook salmon per 

vessel per landing week (Thursday 

through Wednesday) to 200 Chinook 

salmon per vessel per landing week 

(Thursday through Wednesday). 

Effective dates: Inseason action #4 

took effect May 31, 2018, and remained 

in effect through June 30, 2018. 

Reason and authorization for the 

action: ODFW and WDFW presented 

information that landings were very low 

in the north of Cape Falcon fisheries 

located south of Queets River, WA. The 

RA considered Chinook salmon 

landings and fishery effort in the area 

and determined that this inseason 

action was necessary to meet 

management objectives set preseason 

and to allow commercial salmon fishers 

to fully access available quota. The 2018 

annual management measures for ocean 

salmon fisheries (83 FR 19005, May 1, 

2018) state that landing limits may be 

modified inseason to sustain season 

length and keep harvest within overall 

quotas. Flexible inseason management 

provisions are authorized by 50 CFR 

660.409(b). 

Consultation date and participants: 

Consultation on inseason action #4 

occurred on May 30, 2018. 

Representatives from NMFS, WDFW, 

ODFW, and the Council participated in 

this consultation. 

Inseason Action #5 

Description of action: Inseason action 

#5 increased the landing limit in the 

commercial ocean salmon fishery from 

Leadbetter Point, WA, to Cape Falcon, 

OR, from 50 Chinook salmon per vessel 

per landing week (Thursday through 

Wednesday) to 100 Chinook salmon per 

vessel per landing week (Thursday 

through Wednesday). 

Effective dates: Inseason action #5 

took effect May 31, 2018, and remained 

in effect through June 30, 2018. 

Reason and authorization for the 

action: ODFW and WDFW presented 

information that landings were very low 

in the north of Cape Falcon fisheries 

located south of Queets River, WA. The 


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RA considered Chinook salmon 

landings and fishery effort in the area 

and determined that this inseason 

action was necessary to meet 

management objectives set preseason 

and to allow commercial salmon fishers 

to fully access available quota. The 2018 

annual management measures for ocean 

salmon fisheries (83 FR 19005, May 1, 

2018) state that landing limits may be 

modified inseason to sustain season 

length and keep harvest within overall 

quotas. Flexible inseason management 

provisions are authorized by 50 CFR 

660.409(b). 

Consultation date and participants: 

Consultation on inseason action #5 

occurred on May 30, 2018. 

Representatives from NMFS, WDFW, 

ODFW, and the Council participated in 

this consultation. 

Inseason Action #6 

Description of action: Inseason action 

#6 adjusted the June quota for the 

commercial ocean salmon fishery in the 

California KMZ from 4,000 Chinook 

salmon to 6,650 Chinook salmon by 

rolling over unused Chinook salmon 

quota from May to June on an impactneutral basis. 

Effective dates: Inseason action #6 

took effect June 1, 2018 and remained in 

effect through June 30, 2018. 

Reason and authorization for the 

action: The May quota for the 

commercial salmon fishery in the 

California KMZ was 3,600 Chinook 

salmon. CDFW estimated May landings 

at 950 Chinook salmon. Based on the 

Chinook salmon landings and fishery 

effort in the area and the calculations of 

the Council’s Salmon Technical Team 

(STT) for rolling over quota on an 

impact-neutral basis for Sacramento and 

Klamath River fall Chinook salmon 

stocks, the RA determined that the 

rollover from May to June would be 

2,650 Chinook salmon, resulting in an 

adjusted June quota of 6,650. The RA 

further determined that this inseason 

action was necessary to meet 

management objectives set preseason 

and to allow commercial salmon fishers 

to fully access available quota. Impactneutral quota rollover from one month 

to the next in the California KMZ is 

permitted under the 2018 annual 

management measures for ocean salmon 

fisheries (83 FR 19005, May 1, 2018). 

Flexible inseason management 

provisions are authorized by 50 CFR 

660.409(b). 

Consultation date and participants: 

Consultation on inseason action #6 

occurred on May 30, 2018. 

Representatives from NMFS, CDFW, 

ODFW, and the Council participated in 

this consultation. 

Inseason Action #7 

Description of action: Inseason action 

#7 superseded inseason action #3 and 

reopened the commercial salmon 

fishery from the U.S./Canada border to 

Queets River, WA, from June 8, 2018, 

through June 11, 2018, with an open 

period landing limit of 30 Chinook 

salmon per vessel. 

Effective dates: Inseason action #7 

took effect June 8, 2018 and remained in 

effect through June 30, 2018. 

Reason and authorization for the 

action: WDFW reported updated 

landings for the area north of Cape 

Falcon, and recommended that 

sufficient quota remained in the area 

north of the Queets River to reopen the 

fishery for four days with a 30 Chinook 

salmon per vessel landing limit. The RA 

considered Chinook salmon landings 

and fishery effort in the area and 

determined that this inseason action 

was necessary to meet management 

objectives set preseason and to allow 

commercial salmon fishers to fully 

access available quota. The 2018 annual 

management measures for ocean salmon 

fisheries (83 FR 19005, May 1, 2018) 

state that landing limits may be 

modified inseason to sustain season 

length and keep harvest within overall 

quotas. Flexible inseason management 

provisions are authorized by 50 CFR 

660.409(b). 

Consultation date and participants: 

Consultation on inseason action #7 

occurred on June 7, 2018. 

Representatives from NMFS, WDFW, 

ODFW, and the Council participated in 

this consultation. 

Inseason Action #8 

Description of action: Inseason action 

#8 cancelled the scheduled June 16–30, 

2018, opening of the commercial ocean 

salmon fishery in the Oregon KMZ due 

to attainment of the June quota in that 

area. 

Effective dates: Inseason action #8 

took effect June 16, 2018, and remained 

in effect through June 30, 2018. 

Reason and authorization for the 

action: ODFW provided data for June 

salmon landings in the Oregon KMZ 

and recommended that insufficient 

quota remained to support the 

previously scheduled June 16–30, 2018 

opening. The RA considered Chinook 

salmon landings and fishery effort in the 

Oregon KMZ and determined that this 

inseason action was necessary to meet 

management objectives set preseason 

and to prevent exceeding the June 

quota. The 2018 annual management 

measures for ocean salmon fisheries (83 

FR 19005, May 1, 2018) state that 

landing limits may be modified 

inseason to sustain season length and 

keep harvest within overall quotas. 

Flexible inseason management 

provisions are authorized by 50 CFR 

660.409(b). 

Consultation date and participants: 

Consultation on inseason action #8 

occurred on June 14, 2018. 

Representatives from NMFS, ODFW, 

CDFW, and the Council participated in 

this consultation. 

Inseason Action #9 

Description of action: Inseason action 

#9 adjusted the July quota for the 

commercial ocean salmon fishery in the 

California KMZ from 4,000 Chinook 

salmon to 6,612 Chinook salmon by 

rolling over unused Chinook salmon 

quota from June to July on an impactneutral basis. 

Effective dates: Inseason action #9 

took effect July 1, 2018, and remains in 

effect through July 31, 2018. 

Reason and authorization for the 

action: The June quota for the 

commercial salmon fishery in the 

California KMZ, as adjusted under 

inseason action #6 above, was 6,650 

Chinook salmon. CDFW estimated June 

landings at 2,614 Chinook salmon. 

Based on the Chinook salmon landings 

and fishery effort in the area and the 

calculations of the STT for rolling over 

quota on an impact-neutral basis for the 

Sacramento River fall Chinook salmon 

stock, the RA determined that the 

rollover from June to July would be 

2,612 Chinook salmon, resulting in an 

adjusted July quota of 6,612. The RA 

further determined that this inseason 

action was necessary to meet 

management objectives set preseason 

and to allow commercial salmon fishers 

to fully access available quota. Impactneutral quota rollover from one month 

to the next in the California KMZ is 

permitted under the 2018 annual 

management measures for ocean salmon 

fisheries (83 FR 19005, May 1, 2018). 

Flexible inseason management 

provisions are authorized by 50 CFR 

660.409(b). 

Consultation date and participants: 

Consultation on inseason action #9 

occurred on June 27, 2018. 

Representatives from NMFS, ODFW, 

CDFW, and the Council participated in 

this consultation. 

Inseason Action #10 

Description of action: Inseason action 

#10 adjusted the July quota for the 

commercial ocean salmon fishery in the 

Oregon KMZ from 2,000 Chinook 

salmon to 1,975 Chinook salmon by 

deducting, on an impact-neutral basis, 

Chinook salmon quota that was 

exceeded in the area in June. 


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38072 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 

Effective dates: Inseason action #10 

took effect July 1, 2018 and remains in 

effect through July 31, 2018. 

Reason and authorization for the 

action: The June quota for the 

commercial salmon fishery in the 

Oregon KMZ was 1,500 Chinook 

salmon. ODFW estimated June landings 

at 1,556 Chinook salmon, exceeding the 

June quota by 56 Chinook salmon. 

Based on the Chinook salmon landings 

and fishery effort in the area and the 

calculations of the STT for rolling back 

quota on an impact-neutral basis for the 

Sacramento and Klamath River fall 

Chinook salmon stocks, the RA 

determined that 25 Chinook salmon 

would be deducted from the July quota 

in the Oregon KMZ to account for 

exceeding the June quota, resulting in 

an adjusted July quota of 1,975 Chinook 

salmon. The RA further determined that 

this inseason action was necessary to 

meet management objectives set. 

Impact-neutral quota rollover from one 

month to the next in the Oregon KMZ 

is permitted under the 2018 annual 

management measures for ocean salmon 

fisheries (83 FR 19005, May 1, 2018). 

Flexible inseason management 

provisions are authorized by 50 CFR 

660.409(b). 

Consultation date and participants: 

Consultation on inseason action #10 

occurred on June 27, 2018. 

Representatives from NMFS, ODFW, 

CDFW, and the Council participated in 

this consultation. 

Inseason Action #11 

Description of action: Inseason action 

#11 allows retention of halibut caught 

incidental to the commercial salmon 

fishery by IPHC license holders to 

continue past June 30, 2018, with the 

same landing and possession limits set 

preseason, due to sufficient halibut 

allocation remaining. This inseason 

action applies to commercial salmon 

fisheries from the U.S./Canada border to 

the U.S./Mexico border. 

Effective dates: Inseason action #11 

took effect July 1, 2018, and remains in 

effect until superseded by further 

inseason action. 

Reason and authorization for the 

action: The 2018 annual management 

measures for ocean salmon fisheries (83 

FR 19005, May 1, 2018) announced the 

conditions for incidental halibut 

harvest: ‘‘incidental harvest is 

authorized only during April, May, and 

June of the 2018 troll seasons, and after 

June 30 in 2018 if quota remains.’’ At 

the time of this consultation, 28 percent 

of the incidental halibut allocation 

remained uncaught. The RA considered 

Chinook salmon and halibut landings 

and fishery effort in the commercial 

ocean salmon fishery and determined 

that this inseason action was necessary 

to meet management objectives set 

preseason and to allow access to the 

available halibut allocation, as provided 

for in the 2018 annual management 

measures for ocean salmon fisheries (83 

FR 19005, May 1, 2018). Flexible 

inseason management provisions are 

authorized by 50 CFR 660.409(b). 

Consultation date and participants: 

Consultation on inseason action #11 

occurred on June 27, 2018. 

Representatives from NMFS, ODFW, 

CDFW, and the Council participated in 

this consultation. 

All other restrictions and regulations 

remain in effect as announced for the 

2018 ocean salmon fisheries and 2019 

salmon fisheries opening prior to May 1, 

2019 (83 FR 19005, May 1, 2018), and 

as modified by prior inseason actions. 

The RA determined that the best 

available information indicated that 

Chinook salmon and halibut abundance 

forecasts and expected fishery effort in 

2018 supported the above inseason 

actions recommended by the states of 

Washington, Oregon, and California. 

The states manage the fisheries in state 

waters adjacent to the areas of the U.S. 

exclusive economic zone consistent 

with these federal actions. As provided 

by the inseason notice procedures of 50 

CFR 660.411, actual notice of the 

described regulatory action was given, 

prior to the time the action was 

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 

NOAA’s Assistant Administrator (AA) 

for NMFS finds that good cause exists 

for this notification to be issued without 

affording prior notice and opportunity 

for public comment under 5 U.S.C. 

553(b)(B) because such notification 

would be impracticable. As previously 

noted, actual notice of the regulatory 

action was provided to fishers through 

telephone hotline and radio notification. 

This action complies with the 

requirements of the annual management 

measures for ocean salmon fisheries (83 

FR 19005, May 1, 2018), the Pacific 

Coast Salmon Fishery Management Plan 

(FMP), and regulations implementing 

the FMP, 50 CFR 660.409 and 660.411. 

Prior notice and opportunity for public 

comment was impracticable because 

NMFS and the state agencies had 

insufficient time to provide for prior 

notice and the opportunity for public 

comment between the time Chinook 

salmon and halibut catch and effort 

projections and abundance forecasts 

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 

available scientific information, 

ensuring that conservation objectives 

and limits for impacts to salmon species 

listed under the Endangered Species Act 

are not exceeded. The AA also finds 

good cause to waive the 30-day delay in 

effectiveness required under 5 U.S.C. 

553(d)(3), 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. 

This action is authorized by 50 CFR 

660.409 and 660.411 and is exempt from 

review under Executive Order 12866. 

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

Dated: July 30, 2018. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–16587 Filed 8–2–18; 8:45 am] 

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