41260 Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 

dates in July that were not previously 

implemented in the April 1, 2022, final 

rule (87 FR 19007). Specifically, the 

additional season dates for spring alldepth fishing in the Oregon Central 

Coast subarea are July 14–16 and 28–30. 

Notice of these additional dates will 

also be announced on the NMFS hotline 

at 206–526–6667 or 800–662–9825. 

Weekly catch monitoring reports for 

the recreational fisheries in Washington, 

Oregon, and California are available on 

their respective state Fish and Wildlife 

agency websites. NMFS and the IPHC 

will continue to monitor recreational 

catch obtained via state sampling 

procedures until NMFS has determined 

there is not sufficient allocation for 

another full day of fishing, and the area 

is closed by the IPHC, or the season 

closes on September 30, whichever is 

earlier. 

Classification 

NMFS issues this action pursuant to 

the Northern Pacific Halibut Act of 

1982. This action is taken under the 

regulatory authority at 50 CFR 300.63(c), 

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 this action, as notice and comment 

would be impracticable and contrary to 

the public interest. ODFW provided 

updated landings data to NMFS on June 

23, 2022, showing that the fishery 

participants in the recreational fishery 

off of the Oregon Central Coast had only 

caught 49 percent of the subarea 

allocation. NMFS uses fishing rates from 

previous years to determine the number 

of recreational fishing dates needed to 

attain subarea allocations. NMFS 

implemented season dates of May 12, 

seven days per week, through June 30, 

including more season dates in 2022 

than in 2021. Even with the fishery 

open each day for over half of May and 

all of June, the level of attainment of the 

allocation for 2022 is substantially 

lower than anticipated when the 2022 

final rule setting the 2022 recreational 

fishery season dates was developed. 

This action should be implemented as 

soon as possible to allow fishery 

participants to take advantage of the 

additional fishing dates prior to the end 

of the season. As the fishery closes on 

October 31, 2022, implementing this 

action through proposed and final 

rulemaking would limit the benefit this 

action would provide to fishery 

participants. Without implementation of 

additional season dates, a significant 

portion of the Oregon Central Coast 

subarea allocation is unlikely to be 

harvested, limiting economic benefits to 

the participants and not meeting the 

goals of the Catch Sharing Plan and the 

2022 management measures. It is 

necessary that this rulemaking be 

implemented in a timely manner so that 

planning for these new fishing days can 

take place, and for business and 

personal decision making by the 

regulated public impacted by this 

action, which includes recreational 

charter fishing operations, associated 

port businesses, and private anglers who 

do not live near the coastal access 

points for this fishery, among others. To 

ensure the regulated public is fully 

aware of this action, notice of this 

regulatory action will also be provided 

to anglers through a telephone hotline, 

news release, and by the relevant state 

fish and wildlife agencies. NMFS will 

receive public comments for 15 days 

after publication of this action, in 

accordance with 50 CFR 300.63(c)(4)(ii). 

No aspect of this action is controversial, 

and changes of this nature were 

anticipated in the process described in 

regulations at 50 CFR 300.63(c). 

For the reasons discussed above, there 

is also good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effective date and make this action 

effective immediately upon filing for 

public inspection, as a delay in 

effectiveness of this action would 

constrain fishing opportunity and be 

inconsistent with the goals of the Catch 

Sharing Plan and current management 

measures, as well as potentially limit 

the economic opportunity intended by 

this rule to the associated fishing 

communities. NMFS regulations allow 

the Regional Administrator to modify 

sport fishing periods, bag limits, size 

limits, days per calendar week, and 

subarea quotas, provided that the action 

allows allocation objectives to be met 

and will not result in exceeding the 

catch limit for the subarea. NMFS 

recently received information on the 

progress of landings in the recreational 

fisheries in the Oregon subarea, 

indicating additional dates should be 

added to the fishery to ensure optimal 

and sustainable harvest of the subarea 

allocation. As stated above, it is in the 

public interest that this action is not 

delayed, because a delay in the 

effectiveness of these new dates would 

not allow the allocation objectives of the 

recreational Pacific halibut fishery to be 

met. 

Dated: July 7, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–14843 Filed 7–7–22; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 220510–0113; RTID 0648– 

XC101] 

Fisheries Off West Coast States; 

Modification of the West Coast Salmon 

Fisheries; Inseason Actions #12 

Through #15 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason modification of 2022 

management measures. 

SUMMARY: NMFS announces four 

inseason actions in the 2022 ocean 

salmon fisheries. These inseason actions 

modify the commercial ocean salmon 

fisheries in the area from the United 

States (U.S.)/Canada border to Cape 

Falcon, Oregon. 

DATES: The effective dates for the 

inseason actions are set out in this 

document under the heading Inseason 

Actions and the actions remain in effect 

until superseded or modified. 

FOR FURTHER INFORMATION CONTACT: 

Dana Preedeedilok at 562–980–4019, 

Email: dana.preedeedilok@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The 2022 annual management 

measures for ocean salmon fisheries (87 

FR 29690, May 16, 2022), 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, 2022, until the effective date of 

the 2023 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 

divided into two geographic areas: north 

of Cape Falcon (NOF) (U.S./Canada 


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Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 41261 

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 affect the 

NOF commercial salmon fishery, as set 

out under the heading Inseason Action 

below. 

Consultations with the Council 

Chairperson on these inseason actions 

occurred on May 16, 2022; May 25, 

2022; and June 9, 2022. Representatives 

from NMFS, Washington Department of 

Fish and Wildlife, Oregon Department 

of Fish and Wildlife, and Council staff 

participated in these consultations. 

These inseason actions were 

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 Actions 

Inseason Action #12 

Description of the action: Inseason 

action #12 modifies the Chinook salmon 

landing and possession limit for the 

commercial salmon troll fishery in the 

area between Leadbetter Point and 

Queets River (Westport subarea) to 150 

Chinook salmon per vessel per week 

(Thursday–Wednesday) starting 12:01 

a.m. May 19, 2022. 

Effective date: Inseason action #12 

took effect on May 16, 2022 and remains 

in effect until superseded. 

Reason for the action: Inseason action 

#12 established a landing and 

possession limit for the area between 

Leadbetter Point and Queets River 

(Westport subarea), where it has not 

existed before, in response to an 

increase in vessels entering the fishery 

and an increase in Chinook salmon 

landings. The establishment of a landing 

and possession limit in this area will 

preserve the length of the season and 

ensure that the Chinook salmon quota is 

not exceeded. 

Inseason Action #13 

Description of the action: Inseason 

action #13 modifies the Chinook salmon 

landing and possession limit for the 

commercial salmon troll fishery across 

the entire NOF area, regardless of 

subarea, to: 40 Chinook salmon per 

vessel per week (Thursday–Wednesday) 

starting 12:01 a.m. May 26 through 

11:59 p.m. June 8, 2022; and 20 Chinook 

salmon per vessel per week (Thursday– 

Wednesday) starting 12:01 a.m. June 9 

through 11:59 p.m. June 29, 2022. 

Effective date: Inseason action #13 

took effect on May 25, 2022, and 

remains in effect until June 29, 2022. 

Reason for the action: In the area 

NOF, there has been an increase of 

vessels entering the fishery resulting in 

an overall increase in Chinook salmon 

landings. The purpose of inseason #13 

is to modify the landing and possession 

limits for the entire area to avoid 

exceding the quota set preseason. 

Ineseason Action #14 

Description of the action: Inseason 

action #14 modifes the Chinook salmon 

landing and possession limit for the 

commercial salmon troll fishery NOF 

from 20 Chinook salmon per vessel per 

week (Thursday–Wednesday) to 25 

Chinook salmon per vessel per week 

(Thursday–Wednesday) starting at 12:01 

a.m. on June 10, 2022. 

Effective date: Inseason action #14 

took effect on June 10, 2022, and 

remains in effect until superseded. 

Reason for the action: Due to 

increasing fuel prices and lowered 

landing and possesion limit, there have 

been impacts on the economics of the 

fishery and effort has declined. The 

increase in the landing and possession 

limit will result in increased fishing 

interest and allow greater access to 

approach the quota without exceeding 

it. The NOF May–June commercial 

salmon fishery has a quota of 18,000 

Chinook salmon. Of that quota, 16,457 

were caught, leaving a quota of 1,543 

Chinook salmon uncaught. Any 

remaining quota from the May–June 

fishery may be rolled over to the July– 

September fishery on an impact-neutral 

basis. 

Inseason Action #15 

Description of the action: Inseason 

action #15 modifies the commercial 

salmon troll fishery in the area NOF. 

Starting at 11:59 p.m. on June 15, 2022, 

through June 30, 2022, this fishery is 

closed. 

Effective date: Inseason action #15 

took effect on June 15, 2022, and 

remains in effect until June 30, 2022. 

Reason for the action: The purposed 

of inseason action #15 is to avoid 

exceeding the area of NOF quota for 

Chinook salmon. 

The NMFS West Coast Regional 

Administrator (RA) considered the 

landings of Chinook salmon to date, 

fishey catch and effort to date, the 

amount of quota remaining, and the 

timing of the action relative to the 

length of the season, and determined 

that these inseason actions were 

necessary to avoid exceeding the 

subarea quotas set preseason, provide 

greater fishing opportunity, and provide 

economic benefit to the fishery 

dependent community. Inseason actions 

to modify quotas and/or fishing seasons 

is authorized under 50 CFR 

660.409(b)(1)(i). 

All other restrictions and regulations 

remain in effect as announced for the 

2022 ocean salmon fisheries (87 FR 

29690, May 16, 2022). 

The RA determined that these 

inseason actions were warranted based 

on the best available information on 

Pacific salmon abundance forecasts, 

landings to date, anticipated fishery 

effort and projected catch, and the other 

factors and considerations set forth in 

50 CFR 660.409. 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 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 MagnusonStevens Fishery Conservation and 

Management Act (MSA). These actions 

are authorized by 50 CFR 660.409, 

which was issued pursuant to section 

304(b) of the MSA, and are 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 this action, as notice and comment 

would be impracticable and contrary to 

the public interest. Prior notice and 

opportunity for public comment on this 

action 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 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 scientific information available and 

that fishery participants can take 

advantage of the additional fishing 

opportunity these changes provide. 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 (87 FR 29690, May 16, 2022), 

the Fishery Management Plan (FMP), 

and regulations implementing the FMP 

under 50 CFR 660.409 and 660.411. 


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41262 Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / Rules and Regulations 

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 this action would restrict 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 6, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–14753 Filed 7–11–22; 8:45 am] 

BILLING CODE 3510–22–P 


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