48340 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 

DATES: Effective August 30, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Bass, telephone 703–372– 

6174. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is issuing a final rule amending 

the DFARS to implement section 888 of 

the National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2021 (Pub. 

L. 116–283), which repeals section 830 

of the NDAA for FY 2017 (Pub. L. 114– 

328). DoD published a proposed rule in 

the Federal Register at 84 FR 12179 on 

April 1, 2019, to implement sections 

829 and 830 of the NDAA for FY 2017 

(Pub. L. 114–328). On May 29, 2019, a 

document was published in the Federal 

Register at 84 FR 24734 to extend the 

comment period for 14 days until June 

14, 2019. The final rule implementing 

section 830 was published in the 

Federal Register at 84 FR 65304, on 

November 27, 2019. 

Section 830 was implemented at 

DFARS 225.7301–1, Requirement to Use 

Firm-Fixed-Price Contracts, and 

required the use of firm-fixed-price 

contracts for foreign military sales 

(FMS), unless one of the exceptions or 

the waiver provided in the statute 

applied. 

Section 807 of the NDAA for FY 2020 

(Pub. L. 116–92) delayed the effective 

date of regulations implementing 

section 830 until December 31, 2020. 

Section 888 of the NDAA for FY 2021 

repealed section 830 of the NDAA for 

FY 2017 and the requirement for 

contracting officers to use firm-fixedprice contracts for FMS unless an 

exception or a waiver applies. 

Accordingly, DFARS section 225.7301– 

1 is being removed and reserved. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

The statute that applies to the 

publication of the Federal Acquisition 

Regulation (FAR) is the Office of Federal 

Procurement Policy statute (codified at 

title 41 of the United States Code). 

Specifically, 41 U.S.C. 1707(a)(1) 

requires that a procurement policy, 

regulation, procedure, or form 

(including an amendment or 

modification thereof) must be published 

for public comment if it relates to the 

expenditure of appropriated funds and 

has either a significant effect beyond the 

internal operating procedures of the 

agency issuing the policy, regulation, 

procedure, or form, or has a significant 

cost or administrative impact on 

contractors or offerors. This final rule is 

not required to be published for public 

comment, because DoD is not issuing a 

new regulation; rather, this rule is 

updating internal operating procedures 

that will no longer require contracting 

officers to use firm-fixed-price contracts 

for FMS as directed at DFARS 

225.7301–1(a). In addition, the waiver at 

DFARS 225.7301–1(b) will no longer be 

required. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold and for Commercial Items, 

Including Commercially Available Offthe-Shelf Items 

This rule does not create any new 

DFARS solicitation provisions or 

contract clauses. It does not impact any 

existing solicitation provisions or 

contract clauses or their applicability to 

contracts valued at or below the 

simplified acquisition threshold or for 

commercial items, including 

commercially available off-the-shelf 

items. 

IV. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. 

V. Congressional Review Act 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before an 

interim or final rule takes effect, DoD 

will submit a copy of the final rule with 

the form, Submission of Federal Rules 

under the Congressional Review Act, to 

the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States. A major 

rule under the Congressional Review 

Act cannot take effect until 60 days after 

it is published in the Federal Register. 

The Office of Information and 

Regulatory Affairs has determined that 

this rule is not a major rule as defined 

by 5 U.S.C. 804. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

VII. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Part 225 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR part 225 is 

amended as follows: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 225 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

225.7301–1 [Removed and Reserved] 

■ 2. Remove and reserve section 

225.7301–1. 

[FR Doc. 2021–18342 Filed 8–27–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 541 

[Docket No. NHTSA–2019–0056] 

RIN 2127–AM24 

Federal Motor Vehicle Theft Prevention 

Standard; Final Listing of 2019 Light 

Duty Truck Lines Subject to the 

Requirements of This Standard and 

Exempted Vehicle Lines for Model Year 

2019 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), U.S. 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: This final rule announces 

NHTSA’s determination that there are 

no new model year 2019 light duty 

truck lines subject to the parts-marking 

requirements of the Federal motor 

vehicle theft prevention standard. The 

agency determined no new models were 

high-theft or had major parts that are 

interchangeable with a majority of the 

covered major parts of passenger car or 

multipurpose passenger vehicle lines. 

This final rule also identifies those 


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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 48341 

1 49 CFR 543.6. 

2 49 CFR 543.7. 

vehicle lines that have been granted an 

exemption from the parts-marking 

requirements because they are equipped 

with antitheft devices determined to 

meet certain criteria. 

DATES: This final rule is effective August 

30, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carlita Ballard, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, West Building, 

W43–439, NRM–310, 1200 New Jersey 

Avenue SE, Washington, DC 20590. Ms. 

Ballard’s phone number is (202) 366– 

5222. Her fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: The theft 

prevention standard (49 CFR part 541) 

applies to (1) all passenger car lines; (2) 

all multipurpose passenger vehicle 

(MPV) lines with a gross vehicle weight 

rating (GVWR) of 6,000 pounds or less; 

(3) low-theft light-duty truck (LDT) lines 

with a GVWR of 6,000 pounds or less 

that have major parts that are 

interchangeable with a majority of the 

covered major parts of passenger car or 

MPV lines; and (4) high-theft LDT lines 

with a GVWR of 6,000 pounds or less. 

The purpose of the theft prevention 

standard is to reduce the incidence of 

motor vehicle theft by facilitating the 

tracing and recovery of parts from stolen 

vehicles. The standard seeks to facilitate 

such tracing by requiring that vehicle 

identification numbers (VINs), VIN 

derivative numbers, or other symbols be 

placed on major component vehicle 

parts. The theft prevention standard 

requires motor vehicle manufacturers to 

inscribe or affix VINs onto covered 

original equipment major component 

parts, and to inscribe or affix a symbol 

identifying the manufacturer and a 

common symbol identifying the 

replacement component parts for those 

original equipment parts, on all vehicle 

lines subject to the requirements of the 

standard. 

49 U.S.C. 33104(d) provides that once 

a line has become subject to the theft 

prevention standard, the line remains 

subject to the requirements of the 

standard unless it is exempted under 49 

U.S.C. 33106. Section 33106 provides 

that a manufacturer may petition 

annually to have one vehicle line 

exempted from the requirements of 

section 33104, if the line is equipped 

with an antitheft device meeting certain 

conditions as standard equipment. The 

exemption is granted if NHTSA 

determines that the antitheft device is 

likely to be as effective as compliance 

with the theft prevention standard in 

reducing and deterring motor vehicle 

thefts. 

49 CFR part 543 establishes the 

process through which manufacturers 

may seek an exemption from the theft 

prevention standard. Manufacturers 

may request an exemption under 49 

CFR 543.6 by providing specific 

information about the antitheft device, 

its capabilities, and the reasons the 

petitioner believes the device to be as 

effective at reducing and deterring theft 

as compliance with the parts-marking 

requirements,1 or manufacturers may 

request an exemption under a more 

streamlined process outlined in 49 CFR 

543.7 if the vehicle line is equipped 

with an antitheft device (an 

‘‘immobilizer’’) as standard equipment 

that complies with one of the standards 

specified in that section.2 If the 

exemption is sought under 49 CFR 

543.6, NHTSA publishes a notice of its 

decision to grant or deny the exemption 

petition in the Federal Register and 

notifies the petitioner in writing; if the 

petition is sought under section 49 CFR 

543.7, NHTSA notifies the petitioner in 

writing of the agency’s decision to grant 

or deny the exemption petition. 

NHTSA annually publishes the names 

of LDT lines NHTSA has determined to 

be high theft pursuant to 49 CFR part 

541, LDT lines that NHTSA has 

determined to have major parts that are 

interchangeable with a majority of the 

covered major parts of passenger car or 

MPV lines, and vehicle lines that 

NHTSA has exempted from the theft 

prevention standard. Appendix A to 

part 541 identifies those LDT lines 

subject to the theft prevention standard 

beginning in a given model year. 

Appendix A–I to part 541 also lists 

those vehicle lines that NHTSA has 

exempted from the theft prevention 

standard. 

For MY 2019, there are no new LDT 

lines that will be subject to the theft 

prevention standard in accordance with 

the procedures published in 49 CFR part 

542. 

Appendix A–I identifies those vehicle 

lines that have been exempted by the 

agency from the parts-marking 

requirements of part 541 and is 

amended to include ten MY 2019 

vehicle lines newly exempted in full. 

The ten exempted vehicle lines are the 

BMW 8 Series, Ford Lincoln Nautilus, 

GM Cadillac XT4, Honda Passport, 

Hyundai Genesis G80, Kia Stinger, 

Nissan Infiniti QX50, Subaru Ascent, 

Toyota Avalon and the Jaguar Land 

Rover Velar. NHTSA has either 

previously granted these exemption 

requests and published the 

determination in the Federal Register if 

the exemption was sought under 49 CFR 

543.6, or has notified the manufacturer 

of the grant of exemption if the 

exemption was sought under 49 CFR 

543.7. 

Each year the agency also amends the 

appendices to part 541 to remove 

vehicle lines that have not been 

manufactured for the United States 

market in over 5 years. We believe that 

including those vehicle lines would be 

unnecessary. Therefore, the agency is 

removing the BMW 1 Series, Honda 

Acura TL, Hyundai Genesis, Nissan 

Cube, Nissan Infiniti G, Nissan Infiniti 

M, Subaru B9 Tribeca, and the Suzuki 

Kizashi vehicle lines from the Appendix 

A–I listing. However, NHTSA will 

continue to maintain a comprehensive 

database of all exemptions on our 

website. 

The changes made in this notice are 

purely informational. The ten vehicle 

lines that will be added to Appendix A– 

I of part 541 were granted exemptions 

in accordance with the procedures of 49 

CFR part 543 and 49 U.S.C. 33106 and 

notices of the grants of those 

exemptions were published in the 

Federal Register, or the manufacturer 

was notified by grant letter. Therefore, 

NHTSA finds good cause under 5 U.S.C. 

553(b)(3)(B) that notice and opportunity 

for comment on this final rule is 

unnecessary. Further, public comment 

on the listing of selections and 

exemptions is not contemplated by 49 

U.S.C. Chapter 331. For the same 

reasons, since this revised listing only 

informs the public of previous agency 

actions and does not impose additional 

obligations on any party, NHTSA finds 

good cause under 5 U.S.C. 553(d)(3) to 

make the amendment made by this 

notice effective on the date this notice 

is published in the Federal Register. 

Regulatory Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This rulemaking document was not 

reviewed by the Office of Management 

and Budget (OMB) under Executive 

Order (E.O.) 12866. It is not considered 

to be significant under E.O. 12866 or the 

Department’s Regulatory Policies and 

Procedures. The purpose of this final 

rule is to provide information to the 

public about vehicle lines that must 

comply with the parts marking 

requirements of NHTSA’s theft 

prevention standard and vehicles that 

NHTSA has exempted from those 

requirements. Since the purpose of the 

final rule is to inform the public of 

actions NHTSA has already taken, either 

determining that new lines are subject 

to parts marking requirements or 

exempting vehicle lines from those 


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48342 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 

3See 61 FR 4729, February 7, 1996. 

requirements, the final rule will not 

impose any new burdens. 

B. National Environmental Policy Act 

NHTSA has analyzed this final rule 

for the purposes of the National 

Environmental Policy Act. The agency 

has determined that implementation of 

this action will not have any significant 

impact on the quality of the human 

environment as it merely informs the 

public about previous agency actions. 

Accordingly, no environmental 

assessment is required. 

C. Executive Order 13132 (Federalism) 

The agency has analyzed this 

rulemaking in accordance with the 

principles and criteria contained in 

Executive Order 13132 and has 

determined that it does not have 

sufficient federal implications to 

warrant consultation with State and 

local officials or the preparation of a 

federalism summary impact statement. 

As discussed above, this final rule only 

provides information to the public about 

previous agency actions. 

D. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 requires agencies to prepare a 

written assessment of the costs, benefits 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local or tribal governments, in the 

aggregate, or by the private sector, of 

more than $100 million annually 

($120.7 million as adjusted annually for 

inflation with base year of 1995). The 

assessment may be combined with other 

assessments, as it is here. 

This final rule will not result in 

expenditures by State, local or tribal 

governments or automobile 

manufacturers and/or their suppliers of 

more than $120.7 million annually. This 

document informs the public of 

previously granted exemptions. Since 

the only purpose of this final rule is to 

inform the public of previous actions 

taken by the agency, no new costs or 

burdens will result. 

E. Executive Order 12988 (Civil Justice 

Reform) 

Pursuant to Executive Order 12988, 

‘‘Civil Justice Reform,’’ 3 the agency has 

considered whether this final rule has 

any retroactive effect. We conclude that 

it would not have such an effect as it 

only informs the public of previous 

agency actions. In accordance with 

section 49 U.S.C. 33118, when a Federal 

theft prevention standard is in effect, a 

State or political subdivision of a State 

may not have a different motor vehicle 

theft prevention standard for a motor 

vehicle or major replacement part. 49 

U.S.C. 33117 provides that judicial 

review of this rule may be obtained 

pursuant to 49 U.S.C. 32909. Section 

32909 does not require submission of a 

petition for reconsideration or other 

administrative proceedings before 

parties may file suit in court. 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501, et seq.), 

Federal agencies must obtain approval 

from the Office of Management and 

Budget (OMB) for each collection of 

information they conduct, sponsor, or 

require through regulations. There are 

no information collection requirements 

associated with this final rule. 

List of Subjects in 49 CFR Part 541 

Administrative practice and 

procedure, Labeling, Motor vehicles, 

Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, 49 

CFR part 541 is amended as follows: 

PART 541—[AMENDED] 

■ 1. The authority citation for part 541 

continues to read as follows: 

Authority: 49 U.S.C. 33101, 33102, 33103, 

33104, 33105 and 33106; delegation of 

authority at 49 CFR 1.95. 

■ 2. Appendix A–I to part 541 is revised 

to read as follows: 

Appendix A–I to Part 541—Lines With 

Antitheft Devices Which Are Exempted 

From the Parts-Marking Requirements 

of This Standard Pursuant to 49 CFR 

Part 543 

Manufacturer Subject lines 

BMW ............................................ MINI, MINI Countryman (MPV), X1 (MPV), X1, X2 (MPV), X3, X4, X5 (MPV), Z4, 3 Series, 4 Series, 5 Series, 6 Series, 7 Series, 8 Series.1

CHRYSLER ................................. 200, 300, Dodge Charger, Dodge Challenger, Dodge Dart, Dodge Journey, Fiat 500, Fiat 124 Spider, Jeep 

Cherokee, Jeep Compass, Jeep Grand Cherokee (MPV), Jeep Patriot, Jeep Wrangler/Wrangler JK,2 Jeep 

Wrangler JL (new),1 Town and Country MPV. 

FORD MOTOR CO ..................... C-Max, EcoSport, Edge, Escape, Explorer, Fiesta, Focus, Fusion, Lincoln MKC, Lincoln MKX, Lincoln Nautilus,1 Mustang, Taurus. 

GENERAL MOTORS .................. Buick LaCrosse/Regal, Buick Verano, Cadillac ATS, Cadillac CTS, Cadillac SRX, Cadillac XTS, Cadillac 

XT4,1 Chevrolet Bolt, Chevrolet Camaro, Chevrolet Corvette, Chevrolet Cruze, Chevrolet Equinox, Chevrolet Impala/Monte Carlo, Chevrolet Malibu, Chevrolet Sonic, Chevrolet Spark, Chevrolet Volt, GMC Terrain. 

HONDA ........................................ Accord, Acura MDX, Civic, CR–V, Passport,1 Pilot. 

HYUNDAI .................................... Azera, Equus, Genesis G80,1 3 IONIQ. 

JAGUAR ...................................... F-Type, XE, XF, XJ, XK, Land Rover Discovery Sport, Land Rover F-Pace, Land Rover LR2, Land Rover 

Range Rover Evoque, Land Rover Velar.1

KIA ............................................... Niro, Stinger.1

MASERATI .................................. Ghibli, Levante (SUV), Quattroporte. 

MAZDA ........................................ 2, 3, 5, 6, CX–3, CX–5, CX–9, MX–5 Miata. 

MERCEDES-BENZ ..................... smart Line Chassis, smart USA fortwo, SL-Line Chassis (SL-Class) (the models within this line are): SL400/ 

SL450, SL550, SL 63/AMG, SL 65/AMG, SLK-Line Chassis (SLK-Class/SLC-Class) (the models within this 

line are): SLK 250, SLK 300, SLK 350, SLK 55 AMG, SLC 300 AMG, SLC 43, S-Line Chassis (S/CL/SCoupe Class/S-Class Cabriolet/Mercedes Maybach) (the models within this line are): S400 Hybrid, S550, 

S600, S63 AMG, S65 AMG, Mercedes-Maybach S560, Mercedes-Maybach S650, CL550, CL600, CL63 

AMG, CL65 AMG, NGCC Chassis Line (CLA/GLA/B-Class/A-Class) (the models within this line are): A220, 

B250e, CLA250, CLA45 AMG, GLA250, GLA45 AMG, C-Line Chassis (C-Class/CLK/GLK-Class/GLCClass) (the models within this line are): C63 AMG, C240, C250, C300, C350, CLK 350, CLK 550, CLK 

63AMG, GLK250, GLK350, E-Line Chassis (E-Class/CLS Class) (the models within this line are): E55, E63 

AMG, E320 BLUETEC, E350 BLUETEC, E320/E320DT CDi, E350/E500/E550, E400 HYBRID, CLS400, 

CLS500/550, CLS55 AMG, CLS63 AMG. 


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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 48343 

Manufacturer Subject lines 

MITSUBISHI ................................ Eclipse Cross, iMiEV, Lancer, Outlander, Outlander Sport, Mirage. 

NISSAN ....................................... Altima, Juke, Leaf, Maxima, Murano, NV200 Taxi, Pathfinder, Quest, Rogue, Kicks, Sentra, Infiniti Q70, 

Infiniti Q50/60, Infiniti QX50,1 Infiniti QX60. 

PORSCHE ................................... 911, Boxster/Cayman, Macan, Panamera. 

SUBARU ...................................... Ascent,1 Forester, Impreza, Legacy, Outback, WRX, XV Crosstrek/Crosstrek.4

TESLA ......................................... Model 3, Model S, Model X. 

TOYOTA ...................................... Avalon,1 Camry, Corolla, Highlander, Lexus ES, Lexus GS, Lexus LS, Lexus NX, Lexus RX, Prius, RAV4, Sienna. 

VOLKSWAGEN ........................... Atlas, Beetle, Eos, Jetta, Passat, Tiguan, Audi A3, Audi A4, Audi A4 Allroad MPV, Audi A6, Audi A8, Audi 

Q3, Audi Q5, Audi TT, Golf/Golf Sport wagen/eGolf/Alltrack. 

VOLVO ........................................ S60. 

1Granted an exemption from the parts marking requirements beginning with MY 2019. 

2 Jeep Wrangler (2009–2019) nameplate changed to Jeep Wrangler JK, JK discontinued after MY 2018. 

3 Hyundai discontinued use of its parts marking exemption for the Genesis vehicle line beginning with the 2010 model year, line was reintroduced as the Genesis G80. 4Subaru XV Crosstrek nameplate changed to Crosstrek beginning with MY 2016. 

Issued under authority delegated in 49 CFR 

1.95, and 501.5. 

Steven S. Cliff, 

Acting Administrator. 

[FR Doc. 2021–18632 Filed 8–27–21; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 210505–0101; RTID 0648– 

XB310] 

Fisheries Off West Coast States; 

Modification of the West Coast Salmon 

Fisheries; Inseason Action #25 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason modification of 2021 

management measures. 

SUMMARY: NMFS announces one 

inseason action in the 2021 ocean 

salmon fisheries. This inseason action 

modified the fishing days per calendar 

week in the recreational ocean salmon 

fishery in the area from Queets River, 

WA, to Leadbetter Point, WA (Westport 

subarea). 

DATES: This inseason action became 

applicable on August 6, 2021, and 

remains in effect until superseded or 

modified. 

FOR FURTHER INFORMATION CONTACT: 

Shannon Penna at 562–676–2148, email: 

Shannon.penna@noaa.gov. 

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 south of Cape Falcon (Cape 

Falcon, OR, to the U.S./Mexico border). 

The action described in this document 

affected the NOF recreational salmon 

fishery, as set out under the heading 

Inseason Action. 

Consultation on this inseason action 

occurred on August 3, 2021. 

Representatives from NMFS, 

Washington Department of Fish and 

Wildlife (WDFW), Oregon Department 

of Fish and Wildlife (ODFW), and 

Council staff participated in the 

consultation. 

This inseason action was 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 Action 

Inseason Action #25 

Description of the action: Inseason 

action #25 modified the fishing days per 

calendar week in the NOF recreational 

salmon fishery in the Westport subarea 

from five days per week (Sunday 

through Thursday) to seven days per 

week, beginning at 12:01 a.m. on Friday, 

August 6, 2021. 

Effective date: Inseason action #25 

took effect on August 6, 2021, and 

remains in effect until superseded. 

Reason and authorization for the 

action: The 2021 management measures 

opened the recreational ocean salmon 

fishery in the Westport subarea seven 

days per week between June 19–26, 

2021, and five days per week (Sunday 

through Thursday) between June 27- 

September 15, 2021 (86 FR 26425, May 

14, 2021). The intent of limiting the 

fishing days per calendar week starting 

June 27, 2021, was to sustain season 

length. However, in the first six weeks 

of recreational fishing in the Westport 

subarea, June 19 through July 25 and 

with just over a month left in the 

season, only 9 percent of the subarea’s 

coho salmon quota and 31 percent of the 

subarea’s Chinook salmon guideline 

were landed. Consistent with preseason 

planning and management objectives, 

inseason action #25 was taken to 

provide greater fishing opportunity for 

the public to access the available coho 

salmon quota and Chinook salmon 

guideline and to provide economic 

benefit to the fishery dependent 

community. Based on landings to date, 

anticipated fishing effort, and projected 

catch, this action is not expected to 

result in reducing season length. 

The NMFS West Coast Region 

Regional Administrator (RA) considered 

the landings of Chinook and coho 

salmon in the NOF recreational salmon 

fishery to date, fishery effort to date as 

well as anticipated under the proposal, 


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