[Federal Register Volume 86, Number 141 (Tuesday, July 27, 2021)]
[Rules and Regulations]
[Pages 40182-40183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15940]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210505-0101; RTID 0648-XB216]


Fisheries Off West Coast States; Modification of the West Coast 
Commercial Salmon Fisheries; Inseason Action #19-#21

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Inseason modification of 2021 management measures.

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SUMMARY: NMFS announces three inseason actions in the 2021 ocean salmon 
fisheries. These inseason actions modify the commercial salmon troll 
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, and remain in effect until 
superseded or modified.

FOR FURTHER INFORMATION CONTACT: Shannon Penna at 562-676-2148, Email: 
<a href="/cdn-cgi/l/email-protection#104378717e7e7f7e3e60757e7e71507e7f71713e777f66"><span class="__cf_email__" data-cfemail="0c5f646d62626362227c6962626d4c62636d6d226b637a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    In the 2021 annual management measures for ocean salmon fisheries 
(86 FR 26425, May 14, 2021), 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, effective from 0001 hours Pacific 
Daylight Time (PDT), May 16, 2021, until the effective date of the 2022 
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 generally 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 
affected both the NOF and SOF commercial salmon troll fishery as set 
out under the heading Inseason Actions.
    Consultation on these inseason actions occurred on June 25, 2021. 
Representatives from NMFS, Washington Department of Fish and Wildlife, 
Oregon Department of Fish and Wildlife, California Department of Fish 
and Wildlife, and Council staff participated in the consultation.
    These inseason actions were announced on NMFS' telephone hotline 
and U.S. Coast Guard radio broadcast on June 28, 2021 (50 CFR 
660.411(a)(2)).

Inseason Actions

Inseason Action #19

    Description of the action: Retention of halibut caught incidental 
to the commercial salmon troll fishery (U.S./Canada border to U.S./
Mexico border) is extended past June 30, 2021, and remains in effect 
until superseded.
    Effective date: Inseason action #19 took effect on July 1, 2021, 
and remains in effect until superseded.
    Reason and authorization: The 2021 salmon management measures (86 
FR 26425, May 14, 2021) authorize the retention of Pacific halibut 
caught incidental to the commercial salmon troll fishery in 2021 during 
April, May, and June, and after June 30, 2021, if quota remains and 
announced on the NMFS telephone hotline for salmon fisheries. The 2021 
incidental Pacific halibut quota for the commercial salmon troll 
fishery is 45,198 pounds (head off) (20,501 Kilograms (kg)). Landings 
reported by the states, through June 25, 2021, totaled 5,170 pounds 
(head off) (2,345 kg), leaving 88.6 percent of the quota unharvested.
    The NMFS West Coast Region Regional Administrator (RA) considered 
the landed catch of Pacific halibut to date and the amount of quota 
remaining, and determined that this inseason action was necessary to 
meet management goals set preseason. Inseason modification of the 
species that may be caught and landed during specific seasons is 
authorized by 50 CFR 660.409(b)(1)(ii).

Inseason Action #20

    Description of the action: The July 2021 quota for the commercial 
salmon troll fishery from Humbug Mountain, OR, to the Oregon/California 
border (Oregon Klamath Management Zone (KMZ)) is increased from 200 
Chinook salmon to 216 Chinook salmon through an impact-neutral rollover 
of unused quota from the June commercial salmon troll fishery in the 
same area.
    Effective date: Inseason action #20 took effect on July 1, 2021, 
and remains in effect until superseded.
    Reason and authorization: The 2021 commercial salmon troll fishery 
in the Oregon KMZ includes two quota managed seasons: June (300 Chinook 
salmon) and July (200 Chinook salmon) (86 FR 26425, May 14, 2021). The 
first quota season opened on June 1, 2021, and closed on June 16, 2021 
(86 FR 34161, June 29, 2021) to prevent exceeding the 300 Chinook 
salmon quota. After the closure, 24 Chinook salmon remained uncaught. 
The annual management measures (86 FR 26425, May 14, 2021) provide that 
any remaining portion of Chinook salmon quotas in this fishery may be 
transferred inseason on an impact neutral basis to the next open quota 
period. The Council's Salmon Technical Team calculated the impact 
neutral transfer of 24 Chinook salmon from the June season to the July 
season would result in adding 16 Chinook salmon to the July quota, 
resulting in an adjusted July quota of 216 Chinook salmon. This quota 
transfer is impact neutral for spawning escapement goals for Klamath 
River fall-run Chinook salmon (KRFC), and Sacramento River fall-run 
Chinook salmon stocks and for KRFC age-4 ocean harvest rate limits. The 
quota transfer also preserves 50/50 KRFC harvest sharing between non-
tribal and Klamath River tribal fisheries. This action did not increase 
overall 2021 Chinook salmon quota in the SOF commercial salmon troll 
fishery.
    The NMFS West Coast Region RA considered the landings of Chinook 
salmon in the SOF commercial salmon fishery, fishery effort occurring 
to date

[[Page 40183]]

as well as anticipated under the proposal, and the Chinook salmon quota 
remaining and determined that this inseason action was necessary to 
meet management and conservation objectives. Inseason modification of 
quotas is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action #21

    Description of the action: The landing and possession limit in the 
commercial salmon troll fishery in the Oregon KMZ is reduced from 20 
Chinook salmon to 10 Chinook salmon per vessel per landing week 
(Thursday-Wednesday).
    Effective date: Inseason action #21 took effect on July 1, 2021, 
and remains in effect until superseded.
    Reason and authorization: The 2021 annual management measures (86 
FR 26425, May 14, 2021) for the commercial salmon troll fishery in the 
Oregon KMZ included a weekly landing and possession limit of 20 Chinook 
salmon per vessel per landing week (Thursday-Wednesday) from June 1, 
2021 to July 31, 2021. Fishing effort and catch rates in June resulted 
in NMFS taking inseason action to avoid exceeding the June quota in the 
Oregon KMZ (86 FR 37249, July 15, 2021). In consideration of the 
smaller quota in July and anticipated fishing effort, the State of 
Oregon proposed reducing the weekly landing limit for July from 20 
Chinook salmon to 10 Chinook salmon per vessel per landing week 
(Thursday-Wednesday).
    The NMFS West Coast Region RA considered the landings of Chinook 
salmon in the SOF commercial salmon fishery, fishery effort occurring 
to date as well as anticipated under the proposal, and the Chinook 
salmon quota remaining and determined that this inseason action was 
necessary to meet management and conservation objectives. Inseason 
modification of fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    All other restrictions and regulations remain in effect as 
announced for the 2021 ocean salmon fisheries (86 FR 26425, May 14, 
2021), as modified by previous inseason action (86 FR 34161, June 29, 
2021; 86 FR 37249, July 15, 2021).
    The NMFS West Coast Region RA determined that these inseason 
actions were warranted based on the best available information on 
Pacific salmon abundance forecasts and anticipated fishery effort. 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 at 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

    NMFS issues these actions pursuant to section 305(d) of the 
Magnuson-Stevens Fishery Conservation and Management Act. These actions 
are authorized by 50 CFR 660.409, which was issued pursuant to section 
304(b) of the MSA, and is 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 these actions, as 
notice and comment would be impracticable and contrary to the public 
interest. Prior notice and opportunity for public comment on these 
actions was impracticable because NMFS had insufficient time to provide 
for prior notice and the opportunity for public comment between the 
time Pacific halibut and Chinook salmon abundance, catch, and effort 
information was 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 hotline and 
radio notification. This action complies with the requirements of the 
annual management measures for ocean salmon fisheries (86 FR 26425, May 
14, 2021), the Pacific Coast 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 these actions 
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: July 22, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-15940 Filed 7-26-21; 8:45 am]
BILLING CODE 3510-22-P


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