18782 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Rules and Regulations 

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 participate in 

these consultations are: California 

Department of Fish and Wildlife 

(CDFW), Oregon Department of Fish and 

Wildlife (ODFW), and Washington 

Department of Fish and Wildlife 

(WDFW). 

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). The 

inseason actions reported in this 

document affect fisheries south of Cape 

Falcon. Within the south of Cape Falcon 

area, the Klamath Management Zone 

(KMZ) extends from Humbug Mountain, 

OR, to Humboldt South Jetty, CA, and 

is divided at the Oregon/California 

border into the Oregon KMZ to the 

north and California KMZ to the south. 

All times mentioned refer to Pacific 

daylight time. 

Inseason Actions 

Inseason Action #1 

Description of action: Inseason action 

#1 modified the dates for the pre-May 

2015 commercial salmon fishery from 

Cape Falcon, OR, to Humbug Mountain, 

OR (Newport/Tillamook and Coos Bay 

subareas) and from Humbug Mountain, 

OR, to the Oregon/California border 

(Oregon KMZ). These fisheries opened 

on April 1, 2015 rather than March 15, 

2015, as previously scheduled (79 FR 

24580). 

Effective dates: Inseason action #1 

took effect on March 15, 2015, and 

remains in effect through April 30, 

2015. 

Reason and authorization for the 

action: This action was taken to limit 

fishery impacts on age-4 Klamath River 

fall Chinook salmon (KRFC), the 

surrogate for managing impacts on 

California coastal Chinook salmon, 

which are listed as threatened under the 

Endangered Species Act (ESA). Inseason 

action to modify quotas and/or fishing 

seasons is authorized by 50 CFR 

660.409(b)(1)(i). 

Consultation date and participants: 

Consultation on inseason action #1 

occurred at the Council meeting on 

March 11, 2015. The state of Oregon 

recommended the Council adopt this 

action for recommendation to NMFS. 

Inseason Action #2 

Description of action: Inseason action 

#2 cancelled the pre-May 2015 

commercial salmon fishery from Horse 

Mountain, CA, to Point Arena, CA (Fort 

Bragg subarea), previously scheduled to 

open on April 16, 2015 (79 FR 24580). 

Effective dates: Inseason action #2 

takes effect on April 16, 2015, and 

remains in effect until April 30, 2015. 

Reason and authorization for the 

action: This action was taken to limit 

fishery impacts on age-4 Klamath River 

fall Chinook salmon (KRFC), the 

surrogate for managing impacts on 

California coastal Chinook salmon, 

which are listed as threatened under the 

Endangered Species Act (ESA). Inseason 

action to modify quotas and/or fishing 

seasons is authorized by 50 CFR 

660.409(b)(1)(i). 

Consultation date and participants: 

Consultation on inseason action #2 

occurred at the Council meeting on 

March 11, 2015. The state of California 

recommended the Council adopt this 

action for recommendation to NMFS. 

All other restrictions and regulations 

remain in effect as announced for the 

2014 ocean salmon fisheries and 2015 

fisheries opening prior to May 1, 2015 

(79 FR 24580, May 1, 2014). 

The RA determined that the best 

available information indicated that 

Chinook salmon abundance forecasts 

and estimates of fishery impacts 

supported the above inseason actions 

recommended by the states of Oregon 

and California. The states manage the 

fisheries in state waters adjacent to the 

areas of the U.S. exclusive economic 

zone in accordance with these Federal 

actions. As provided by the inseason 

notice procedures of 50 CFR 660.411, 

actual notice of the described regulatory 

actions 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 

The Assistant Administrator for 

Fisheries, NOAA (AA), 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 actions was provided to 

fishers through telephone hotline and 

radio notification. These actions comply 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (79 FR 24580, May 1, 2014), 

the West Coast Salmon Fishery 

Management Plan (Salmon FMP), and 

regulations implementing the Salmon 

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 abundance forecasts and catch 

and effort projections 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 ESA consultation 

standards 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 these actions would 

allow fishing at levels inconsistent with 

the goals of the Salmon FMP and the 

current management measures. 

These actions are authorized by 50 

CFR 660.409 and 660.411 and are 

exempt from review under Executive 

Order 12866. 

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

Dated: April 3, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–08054 Filed 4–7–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD886 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 Feet 

(18.3 meters) Length Overall Using Jig 

or Hook-and-Line Gear in the Bogoslof 

Pacific Cod Exemption Area in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 meters (m)) length 

overall (LOA) using jig or hook-and-line 

gear in the Bogoslof Pacific cod 


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Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Rules and Regulations 18783 

exemption area of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the limit of Pacific 

cod for catcher vessels less than 60 feet 

(18.3 m) LOA using jig or hook-and-line 

gear in the Bogoslof Pacific cod 

exemption area in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 3, 2015, through 2400 

hrs, A.l.t., December 31, 2015. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

In accordance with 

§ 679.22(a)(7)(i)(C)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that 113 metric tons of 

Pacific cod have been caught by catcher 

vessels less than 60 feet (18.3 m) LOA 

using jig or hook-and-line gear in the 

Bogoslof exemption area described at 

§ 679.22(a)(7)(i)(C)(1). Consequently, the 

Regional Administrator is prohibiting 

directed fishing for Pacific cod by 

catcher vessels less than 60 feet (18.3 m) 

LOA using jig or hook-and-line gear in 

the Bogoslof Pacific cod exemption area. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the directed fishery closure of 

Pacific cod by catcher vessels less than 

60 feet (18.3 m) LOA using jig or hookand-line gear in the Bogoslof Pacific cod 

exemption area. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of April 2, 2015. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.22 

and is exempt from review under 

Executive Order 12866. 

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

Dated: April 3, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–08051 Filed 4–3–15; 4:15 pm] 

BILLING CODE 3510–22–P 


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