[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 43967-43969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17008]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210505-0101; RTID 0648-XB274]


Fisheries Off West Coast States; Modification of the West Coast 
Commercial Salmon Fisheries; Inseason Actions #22, #23, and #24

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 modified the commercial and 
recreational salmon fisheries in the area from the U.S./Canada border 
to the Oregon/California border.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions.

FOR FURTHER INFORMATION CONTACT: Shannon Penna at 562-676-2148, Email: 
<a href="/cdn-cgi/l/email-protection#03506b626d6d6c6d2d73666d6d62436d6c62622d646c75"><span class="__cf_email__" data-cfemail="401328212e2e2f2e6e30252e2e21002e2f21216e272f36">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The 2021 annual management measures for ocean salmon fisheries (86 
FR 26425, May 14, 2021), 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

[[Page 43968]]

south of Cape Falcon (SOF) (Cape Falcon, OR, to the U.S./Mexico 
border). The actions described in this document affected the NOF and 
SOF commercial ocean salmon fisheries and an NOF recreational salmon 
fishery, as set out under the heading Inseason Actions.
    Consultation on these inseason actions occurred on July 20, 2021, 
and July 22, 2021. Representatives from NMFS, Washington Department of 
Fish and Wildlife (WDFW), Oregon Department of Fish and Wildlife 
(WDFW), California Department of Fish and Wildlife (CDFW), and Council 
staff participated in the consultations.
    These inseason actions were announced on NMFS' telephone hotline 
and U.S. Coast Guard radio broadcast on the dates of the consultations 
(50 CFR 660.411(a)(2)).

Inseason Actions

Inseason Action #22

    Description of the action: Inseason action #22 modified the NOF 
recreational salmon fishery from the U.S./Canada border to Cape Alava, 
WA (Neah Bay subarea), from a two salmon per day bag limit to a two 
salmon per day bag limit, no more than one of which may be a Chinook 
salmon, beginning at 12:01 a.m. on July 24, 2021.
    Effective date: Inseason action #22 took effect on July 24, 2021, 
and remains in effect until superseded.
    Reason and authorization for the action: This action was necessary 
after WDFW closed Chinook salmon retention in adjacent state waters, 
Washington Marine Area 5 (Sekiu), due to higher than expected catch 
rates. The Sekiu closure created a concern that effort would shift to 
the Neah Bay subarea, potentially requiring an early closure of Chinook 
salmon retention in that subarea.
    The NMFS West Coast Region Regional Administrator (RA) considered 
the landings of Chinook salmon in the NOF recreational salmon fishery, 
fishery effort occurring to date as well as anticipated under the 
proposal, quotas and guidelines set preseason, the recreational Chinook 
salmon guideline remaining, and recent management changes in adjacent 
state waters. The RA determined that inseason action #22 was necessary 
to preserve the available recreational Chinook salmon guideline in the 
Neah Bay subarea in order to meet management goals set preseason, 
including the Pacific Coast Salmon Fishery management Plan's (FMP) goal 
of extending the recreational fishery through Labor Day. The 
modification of recreational bag limits is authorized by 50 CFR 
660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#22 occurred on July 20, 2021. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #23

    Description of the action: Inseason action #23 adjusted the July-
September 2021 quota for the commercial salmon troll fishery north of 
Cape Falcon. The quota increased from 15,375 Chinook salmon to 16,931 
Chinook salmon through an impact-neutral rollover of unutilized quota 
from the May-June commercial salmon troll fishery in the same area.
    Effective dates: Inseason action #23 took effect on Tuesday July 
20, 2021, and remains in effect until superseded.
    Reason and authorization for the action: Authority for this impact-
neutral rollover of unutilized quota is specified in the 2021 ocean 
salmon regulations (86 FR 26425, May 14, 2021). The NOF May-June 
commercial salmon fishery had a quota of 15,375 Chinook salmon. Of that 
quota, 9,818 Chinook salmon were landed, leaving 5,557 of the Chinook 
salmon quota unutilized. The Council's Salmon Technical Team (STT) 
determined the impact-neutral rollover would be constrained for fishery 
impacts on Lower Columbia River tule Chinook salmon, and would limit 
the rollover to 28 percent of the 5,557 unutilized Chinook salmon 
quota. Therefore, the STT calculated that the impact-neutral rollover 
would add 1,556 Chinook salmon to the July-September quota for an 
adjusted quota of 16,931 Chinook salmon.
    The NMFS West Coast Region RA considered the landings of Chinook 
salmon in the NOF commercial salmon fishery, fishery effort occurring 
to date, quotas set preseason, and the STT's calculations for the 
impact-neutral quota rollover. The RA determined that inseason action 
#23 was necessary to provide access to available Chinook salmon quota 
and meet management goals set preseason. The modification of quotas is 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#23 occurred on July 20, 2021. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #24

    Description of the action: Inseason action #24 modified the landing 
limit in the commercial ocean salmon fishery in the area from Humbug 
Mountain, OR, to the Oregon/California border (Oregon Klamath 
Management Zone (KMZ)) from 10 Chinook salmon per vessel, per landing 
week (Thursday-Wednesday) to 20 Chinook salmon per vessel per landing 
week.
    Effective dates: Inseason action #24 superseded inseason action #21 
(86 FR 40182, July 28, 2021) on July 22, 2021, and remains in effect 
until superseded.
    Reason and authorization for the action: The preseason quota for 
July for the commercial ocean salmon fishery in the Oregon KMZ was 200 
Chinook salmon (86 FR 26425, May 14, 2021). The quota was adjusted to 
216 Chinook salmon through an impact-neutral rollover of unutilized 
quota in the June fishery in the same area (inseason action #20, 86 FR 
40182, July 28, 2021). Fishing effort and landings in July in the 
Oregon KMZ commercial ocean salmon fishery were much lower than 
anticipated and, with 10 days remaining in the fishery, only 77 Chinook 
salmon had been landed (36 percent of the July quota).
    The NMFS West Coast Region RA considered Chinook salmon landings in 
the fishery and fishery effort to date and determined that inseason 
action #24 was necessary to provide greater access to the remaining 
quota. Attaining the quota is consistent with management goals set 
preseason. Modification of landing and retention limits is authorized 
by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#24 occurred on July 22, 2021. Representatives from NMFS, ODFW, and 
CDFW participated in this consultation. Council staff were unavailable 
to participate in the consultation, but were notified of the action 
immediately.
    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; 86 FR 40182, July 28, 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, landings to date, and anticipated 
fishery effort. The states 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 action was given, 
prior to the time the action was

[[Page 43969]]

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), 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 Chinook salmon abundance, catch, and effort information was 
developed, and fisheries impacts were calculated, and the time the 
fishery modifications 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 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: August 5, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-17008 Filed 8-10-21; 8:45 am]
BILLING CODE 3510-22-P


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