[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Rules and Regulations]
[Pages 76242-76247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29785]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140107014-4014-01]
RIN 0648-XD547


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions #24 
through #44

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

ACTION: Modification of fishing seasons; request for comments.

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SUMMARY: NMFS announces 21 inseason actions in the ocean salmon 
fisheries. These inseason actions modified the commercial and 
recreational salmon fisheries in the area from the U.S./Canada border 
to U.S./Mexico border.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions. Comments will be accepted 
through January 6, 2015.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0005, 
by any one of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0005, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    <bullet> Mail: William W. Stelle, Jr., Regional Administrator, West 
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA, 98115-6349.
    <bullet> Fax: 206-526-6736, Attn: Peggy Mundy.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.

SUPPLEMENTARY INFORMATION: 

Background

    In the 2014 annual management measures for ocean salmon fisheries 
(79 FR 24580, May 1, 2014), NMFS announced the commercial and 
recreational fisheries in the area from the U.S./Canada border to the 
U.S./Mexico border, beginning May 1, 2014, and 2015 salmon seasons 
opening earlier than May 1, 2015. 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 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./

[[Page 76243]]

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 north and 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. Recreational fisheries north of 
Cape Falcon are managed in four subareas, named for the ports where 
landings occur. These subareas are: Neah Bay (U.S./Canada border to 
Cape Alava), La Push (Cape Alava to Queets River), Westport (Queets 
River to Leadbetter Point), and Columbia River (Leadbetter Point to 
Cape Falcon). All times mentioned refer to Pacific daylight time.

Inseason Actions

Inseason Action #24

    Description of action: Inseason action #24 modified the dates and 
landing limit for the August 2014 commercial salmon fishery in the 
Oregon KMZ. Open dates were limited to the following schedule: August 
13 through 15, August 20 through 21, and August 27 through 28. The 
landing limit remained 15 Chinook salmon per vessel per day. This 
action superseded inseason action #19 (79 FR 64129, October 28, 2014).
    Effective dates: Inseason action #24 took effect on August 11, 
2014, and remained in effect through August 31, 2014.
    Reason and authorization for the action: Catch data for this 
fishery suggested that quota would be exceeded if action was not taken 
to further restrict harvest. Inseason action #24 was implemented to 
allow access to available quota without exceeding the quota set 
preseason. 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 
#24 occurred on August 11, 2014. Participants were staff from NMFS, 
Council, ODFW, and CDFW.

Inseason Action #25

    Description of action: Inseason action #25 adjusted the daily 
recreational bag limit in the Westport subarea to allow retention of 
two salmon per day, both of which could be Chinook salmon. Previously, 
the two-fish bag limit allowed retention of only one Chinook salmon.
    Effective dates: Inseason action #25 took effect on August 18, 
2014, and remained in effect until the affected fishery closed.
    Reason and authorization for the action: This inseason action was 
taken to allow greater access to available quota for Chinook salmon. 
Inseason action to modify recreational bag limits is authorized by 50 
CFR 660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#25 occurred on August 14, 2014. Participants were staff from NMFS, 
Council, ODFW, and WDFW.

Inseason Action #26

    Description of action: Inseason action #26 rolled over unutilized 
quota from Cape Falcon to the Oregon/California border recreational 
mark-selective coho fishery (June 21 through August 10) to the non-
mark-selective recreational fishery from Cape Falcon to Humbug Mountain 
(August 30 through September 30); and transferred coho quota from the 
recreational fishery to the commercial fishery. Of the 31,470 marked 
coho quota that remained from the summer mark-selective coho fishery, 
15,000 coho were transferred to the non-mark-selective recreational 
fishery Cape Falcon to Humbug Mountain (August 30 through September 30) 
for an adjusted quota of 35,000. From the recreational fishery, 5,300 
coho were transferred to the commercial fishery, Cape Falcon to Humbug 
Mountain, non-mark-selective incidental coho retention (September 3 
through September 30). All quota transfers were adjusted to be impact-
neutral for Lower Columbia River natural coho, as calculated by the 
Council's Salmon Technical Team (STT).
    Effective dates: Inseason action #26 took effect on August 18, and 
remained in effect until the affected fisheries closed.
    Reason and authorization for the action: This inseason action was 
taken to allow access to available quota that had not been utilized in 
the Cape Falcon to Oregon/California border recreational mark-selective 
coho fishery, as provided for in the annual management measures (79 FR 
24580). Inseason action to modify quotas is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#26 occurred on August 18, 2014. Participants were staff from NMFS, 
Council, ODFW, CDFW, and WDFW.

Inseason Action #27

    Description of action: Inseason action #27 set landing limits for 
the commercial fishery, Cape Falcon to Humbug Mountain, non-selective 
incidental coho retention (September 3 through September 30). One coho 
for each landed Chinook salmon with a landing week limit, Wednesday 
through Tuesday, of 20 coho per vessel. Guidance set preseason was 
that, if this incidental coho retention was allowed, the landing limit 
should be no more than one coho for each landed Chinook with a landing 
week limit of no more than 20 coho per vessel.
    Effective dates: Inseason action #27 took effect on September 3, 
2014, and remained in effect through September 30, 2014.
    Reason and authorization for the action: Non-selective incidental 
coho retention in the September commercial salmon fishery south of Cape 
Falcon was provided for in the annual management measures (79 FR 24580) 
as a possibility, if sufficient quota was available for transfer to 
this fishery from the Cape Falcon to Humbug Mountain recreational 
salmon fishery. The required transfer of quota was implemented under 
inseason action #26. Inseason action #27 was taken to implement this 
commercial non-selective coho fishery and to adopt landing limits for 
this fishery that were consistent with preseason planning. Inseason 
action to modify the species that may be caught and landed during 
specific seasons is authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#27 occurred on August 18, 2014. Participants were staff from NMFS, 
Council, ODFW, CDFW, and WDFW.

Inseason Action #28

    Description of action: Inseason action #28 modified the landing and 
possession limit in the commercial salmon fishery north of Cape Falcon 
to 35 Chinook and 50 marked coho per vessel per open period north of 
Queets River or 35 Chinook and 150 marked coho per vessel per open 
period south of Queets River. North of Falcon commercial fisheries 
continue on a Friday through Tuesday open period schedule. This action 
superseded inseason action #22 (79 FR 64129), which set a single 
landing limit north of Cape Falcon of 75 Chinook and 150 marked coho 
per vessel per open period.
    Effective dates: Inseason action #28 took effect August 22, 2014, 
and remained in effect until superseded by inseason action #32 on 
August 29, 2014.
    Reason and authorization for the action: The reduced landing limits 
for Chinook salmon were implemented to slow harvest on remaining 
Chinook quota in an effort to sustain the fishery to September 16, as 
planned preseason. The differential landing limits for coho

[[Page 76244]]

salmon were implemented due to the large amount of coho quota remaining 
in the subarea south of Queets River; the subarea north of Queets River 
had limited coho quota due to fishery impacts on South Thompson River 
coho from British Columbia, Canada. This inseason action was taken to 
allow access to available quotas without exceeding the quotas set 
preseason. Inseason action to modify limited retention regulations is 
authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#28 occurred on August 18, 2014. Participants were staff from NMFS, 
Council, ODFW, and WDFW.

Inseason Actions #29 and #30

    Inseason actions #29 and #30 modified the landing and possession 
limit for Pacific halibut caught incidental to the commercial salmon 
fishery by fishers licensed by the International Pacific Halibut 
Commission (IPHC). Prior to these actions, the landing limit was one 
Pacific halibut per four Chinook, per vessel per trip, with a trip 
limit of seven halibut. These actions kept the same ratio, but changed 
the trip limit to three Pacific halibut. Because the commercial salmon 
fishery north of Cape Falcon was operating on a five day per week 
schedule (Friday through Tuesday), and the fishery south of Cape Falcon 
was operating on a seven day per week schedule (Wednesday through 
Tuesday), it was necessary to implement this change in halibut 
retention in two separate actions.
    Description of action #29: Inseason action #29 modified the 
incidental halibut landing and possession limit north of Cape Falcon, 
effective 12:01 a.m., Friday, August 22, 2014, to no more than one 
Pacific halibut per each four Chinook, except one Pacific halibut may 
be possessed or landed without meeting the ratio requirement, and no 
more than 3 halibut may be possessed or landed per trip. Inseason 
action #29 superseded inseason action #23 (79 FR 64129) north of Cape 
Falcon.
    Description of action #30: Inseason action #30 modified the landing 
and possession limit for Pacific halibut caught incidental to the 
commercial salmon fishery south of Cape Falcon. Because commercial 
salmon fisheries south of Cape Falcon were open seven days per week, 
and had ongoing fisheries at the time this action was taken, the action 
was implemented as follows. Effective 11:59 p.m., Friday, August 22, 
2014, IPHC license holders in the commercial salmon fishery south of 
Cape Falcon, Oregon may land or possess no more than one Pacific 
halibut per each four Chinook, except one Pacific halibut may be 
possessed or landed without meeting the ratio requirement, and no more 
than three halibut may be possessed or landed per trip. Beginning 12:01 
a.m., Saturday, August 23, 2014, any commercial salmon fishing vessels 
in possession of more than three Pacific halibut must cease all fishing 
activities until Pacific halibut in excess of three have been landed 
and delivered. All Pacific halibut, in excess of three per trip, must 
be landed and delivered no later than 11:59 p.m., Saturday, August 23, 
2014. Inseason action #30 superseded inseason action #23 (79 FR 64129) 
south of Cape Falcon.
    Effective dates: Inseason actions #29 and #30 took effect on August 
22, 2014, and remained in effect until incidental halibut retention 
closed on September 11, 2014 under inseason action #38.
    Reason and authorization for the action: Based on catch data, the 
commercial salmon fishery was close to utilizing the incidental halibut 
allocation. Inseason actions #29 and #30 were taken to avoid exceeding 
the incidental halibut allocation that was set by the IPHC. Inseason 
action to modify limited retention regulations is authorized by 50 CFR 
660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason 
actions #29 and #30 occurred on August 21, 2014. Participants were 
staff from NMFS, Council, ODFW, and WDFW.

Inseason Action #31

    Description of action: Inseason action #31 modified the daily bag 
limits in the recreational salmon fishery north of Cape Falcon to allow 
retention of unmarked coho in the Westport, La Push, and Neah Bay 
subareas; previously, only coho marked with a healed adipose fin clip 
could be retained.
    Effective dates: Inseason action #31 took effect on September 1, 
2014, and remained in effect until the affected fisheries closed.
    Reason and authorization for the action: This action was taken to 
provide access to available coho quota and to support fishery-dependent 
communities on and after the Labor Day holiday, when effort 
traditionally decreases. Inseason action to modify recreational bag 
limits is authorized by 50 CFR 660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#31 occurred on August 27, 2014. Participants were staff from NMFS, 
Council, ODFW, and WDFW.

Inseason Action #32

    Description of action: Inseason action #32 modified the landing and 
possession limits in the commercial salmon fisheries north of Cape 
Falcon to 20 Chinook and 50 marked coho per vessel per open period 
north of Queets River (previously 35 Chinook and 50 marked coho) or 20 
Chinook and 150 marked coho per vessel per open period south of Queets 
River (previously 35 Chinook and 150 marked coho). This action 
superseded inseason action #28.
    Effective dates: Inseason action #32 took effect on August 29, 
2014, and remained in effect until superseded by inseason action #36, 
which took effect on September 5, 2014.
    Reason and authorization for the action: Catch data suggested that, 
with three openings remaining in the season, there was a substantial 
amount of coho quota available, but limited available Chinook quota. 
Inseason action #32, to reduce Chinook landing limits in the commercial 
salmon fisheries north of Cape Falcon, was taken to allow access to 
remaining quotas while not exceeding those quotas. Inseason action to 
modify limited retention regulations is authorized by 50 CFR 
660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#32 occurred on August 27, 2014. Participants were staff from NMFS, 
Council, ODFW, and WDFW.

Inseason Action #33

    Description of action: Inseason action #33 modified the coho quota 
in the recreational salmon fisheries north of Cape Falcon by converting 
the remaining coho quota from mark-selective to non-mark-selective on 
an impact-neutral basis. The STT calculated the impact-neutral 
conversion for each of the four subareas.
    Effective dates: Inseason action #33 took effect on September 1, 
2014, and remained in effect until the affected fisheries closed.
    Reason and authorization for the action: This action was taken to 
establish? The non-mark-selective coho quotas that would be available 
to the recreational fisheries north of Cape Falcon, as modified by 
inseason action #31. This quota could not be calculated earlier, 
because completed catch data for August was not previously available. 
Inseason action to modify quotas is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#33 occurred on September 4, 2014. Participants were staff from NMFS, 
Council, ODFW, and WDFW.

[[Page 76245]]

Inseason Action #34

    Description of action: Inseason action #34 transferred 1,000 non-
mark-selective coho quota from the Neah Bay subarea to the La Push 
subarea in the recreational salmon fishery north of Cape Falcon. The 
STT determined that this transfer was impact-neutral without the need 
for adjustment.
    Effective dates: Inseason action #34 took effect on September 1, 
2014, and remained in effect until the affected fisheries closed.
    Reason and authorization for the action: This action was taken to 
provide sufficient quota to the La Push subarea to allow fisheries to 
continue without exceeding the overall quota, north of Cape Falcon. 
Inseason action to modify quotas is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#34 occurred on September 4, 2014. Participants were staff from NMFS, 
Council, ODFW, and WDFW.

Inseason Action #35

    Description of action: Inseason action #35 modified the daily bag 
limit in the recreational salmon fishery in the Columbia River subarea 
to all salmon, two fish per day, both of which can be Chinook salmon, 
and unmarked coho may be retained. Prior to this action, the daily bag 
limit was two fish per day, only one of which could be a Chinook and 
all coho retained must be marked with a healed adipose fin clip.
    Effective dates: Inseason action #35 took effect on September 6, 
2014, and remained in effect until the affected fishery closed.
    Reason and authorization for the action: Catch data suggested that 
a substantial amount of coho and Chinook salmon quota remained for this 
subarea at this time. This inseason action was taken to allow greater 
access to available quota. Inseason action to modify recreational bag 
limits is authorized by 50 CFR 660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#35 occurred on September 4, 2014. Participants were staff from NMFS, 
Council, ODFW, and WDFW.

Inseason Action #36

    Description of action: Inseason action #36 decreased the landing 
and possession limits in the commercial salmon fishery north of Cape 
Falcon to 15 Chinook and 20 marked coho north of Queets River 
(previously 20 Chinook and 50 marked coho) or 15 Chinook and 100 non-
mark-selective coho south of Queets River (previously 20 Chinook and 
150 marked coho). This action superseded inseason action #32.
    Effective dates: Inseason action #36 took effect on September 5, 
2014, and remained in effect until superseded by inseason action #40 on 
September 12, 2014.
    Reason and authorization for the action: Catch data suggested that 
the fishery was approaching the quota for Chinook salmon, but a large 
quantity of coho quota remained, especially in the subarea south of 
Queets River. This action was taken to allow access to remaining quotas 
while not exceeding those quotas. Inseason action to modify limited 
retention regulations is authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#36 occurred on September 4, 2014. Participants were staff from NMFS, 
Council, ODFW, and WDFW.

Inseason Action #37

    Description of action: Inseason action #37 modified the coho quota 
in the commercial salmon fishery north of Cape Falcon. Remaining coho 
quota for the area from Queets River to Cape Falcon was converted from 
mark-selective to non-mark-selective on an impact-neutral basis. The 
STT calculated the impact-neutral conversions for the affected 
management areas.
    Effective dates: Inseason action #37 took effect on September 4, 
2014, and remained in effect until the affected fishery closed.
    Reason and authorization for the action: This action was taken to 
allow access to available quota while managing impacts on weak stocks, 
as identified preseason. 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 
#37 occurred on September 4, 2014. Participants were staff from NMFS, 
Council, ODFW, and WDFW.

Inseason Action #38

    Description of action: Inseason action #38 closed all commercial 
salmon fisheries, U.S./Canada border to U.S./Mexico border, to 
retention of Pacific halibut caught incidental to commercial salmon 
fishing, and required that any Pacific halibut on board must be landed 
and delivered by 11:59 p.m., Friday September 12, 2014.
    Effective dates: Inseason action #38 took effect on September 12, 
2014, and remained in effect through the end of the 2014 commercial 
salmon fishery.
    Reason and authorization for the action: This action was taken due 
to the anticipated attainment of the incidental halibut allocation. 
Inseason action to modify fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#38 occurred on September 10, 2014. Participants were staff from NMFS, 
Council, ODFW, WDFW, and CDFW.

Inseason Action #39

    Description of action: Inseason action #39 transferred 1,000 non-
mark-selective coho quota from the Columbia River subarea to the 
Westport subarea in the recreational salmon fishery north of Cape 
Falcon. The STT determined that the transfer was impact-neutral and did 
not require any adjustment.
    Effective dates: Inseason action #39 took effect on September 10, 
2014, and remained in effect until the affected fisheries closed.
    Reason and authorization for the action: This action was taken to 
ensure that the Westport subarea had access to sufficient quota to 
support the ongoing fishery, for the benefit of the local fishery-
dependent community. 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 
#39 occurred on September 10, 2014. Participants were staff from NMFS, 
Council, ODFW, and WDFW.

Inseason Action #40

    Description of action: Inseason action #40 adjusted the landing and 
possession limits in the commercial salmon fishery north of Cape Falcon 
to 15 Chinook salmon and 20 marked coho per vessel per open period 
north of Queets River (unchanged from previous) or 15 Chinook salmon 
and 200 non-mark-selective coho salmon per vessel per open period south 
of Queets River (previously 15 Chinook and 100 non-mark-selective 
coho). This inseason action superseded inseason action #36.
    Effective dates: This action took effect on September 12, 2014, and 
remained in effect until the affected fisheries closed.
    Reason and authorization for the action: With only one opening 
remaining in this fishery, substantial coho quota was still available 
south of the Queets River. This action was taken to allow access to 
available quota while managing impacts on weak stocks, as identified 
preseason. Inseason action to modify limited retention regulations is 
authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#40 occurred on September 10, 2014.

[[Page 76246]]

Participants were staff from NMFS, Council, ODFW, and WDFW.

Inseason Action #41

    Description of action: Inseason action #41 modified the daily 
landing limit in the commercial salmon fishery in the California KMZ 
from 20 Chinook salmon per vessel per day to 30 Chinook salmon per 
vessel per day.
    Effective dates: Inseason action #41 took effect on September 19, 
2014, and remained in effect until the scheduled closure of this 
fishery on September 30, 2014.
    Reason and authorization for the action: Catch data suggested that 
substantial quota remained in this fishery with only two open periods 
remaining in the season. Inseason action #41 was implemented to allow 
access to available quota. Inseason action to modify limited retention 
regulations is authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#41 occurred on September 17, 2014. Participants in this consultation 
were staff from NMFS, Council, CDFW, ODFW, and WDFW.

Inseason Action #42

    Description of action: Inseason action #42 closed the non-mark-
selective coho recreational fishery from Cape Falcon to Humbug Mountain 
at 11:59 p.m., September 19, 2014. The ongoing all salmon except coho 
recreational fishery in the same area continued as scheduled.
    Effective dates: Inseason action #42 took effect at 11:59 p.m., 
September 19, 2014, and remained in effect through September 30, 2014, 
when the non-mark-selective coho fishery was originally scheduled to 
end.
    Reason and authorization for the action: Catch data suggested that 
keeping this fishery open would likely result in exceeding the non-
mark-selective coho quota for this fishery. Inseason action #42 was 
implemented to prevent exceeding the available quota of coho. Inseason 
action to modify fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#42 occurred on September 17, 2014. Participants in this consultation 
were staff from NMFS, Council, CDFW, ODFW, and WDFW.

Inseason Action #43

    Description of action: Inseason action #43 closed the recreational 
salmon fisheries in the Westport subarea on September 19, 2014 and in 
the Columbia River subarea on September 21, 2014. These closures were 
earlier than scheduled preseason.
    Effective dates: Inseason action #43 took effect at 11:59 p.m., 
September 19, 2014 in the Westport subarea, and at 11:59 p.m., 
September 21, 2014 in the Columbia River subarea. Inseason action #43 
remained in effect through the scheduled end of the affected fisheries, 
September 30, 2014.
    Reason and authorization for the action: This inseason action was 
taken to avoid exceeding quotas in the recreational salmon fishery. 
Inseason action to modify fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#43 occurred on September 17, 2014. Participants in this consultation 
were staff from NMFS, Council, CDFW, ODFW, and WDFW.

Inseason Action #44

    Description of action: Inseason action #44 transferred unutilized 
coho quota from the recreational salmon fishery in the Neah Bay subarea 
and the commercial salmon fishery north of Cape Falcon to the 
recreation salmon fishery in the Columbia River and Westport subareas.
    Effective dates: Inseason action #44 took effect on September 17, 
2014, and remained in effect until the affected fisheries closed.
    Reason and authorization for the action: This action was taken to 
ensure that the Westport and Columbia River subareas had access to 
sufficient quota to support the ongoing fishery, for the benefit of the 
local fishery-dependent community, until the fisheries closed as 
scheduled under inseason action #43. 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 
#44 occurred on September 17, 2014. Participants in this consultation 
were staff from NMFS, Council, CDFW, ODFW, and WDFW.
    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, coho salmon, and Pacific halibut landings and 
fishing effort supported the above inseason actions recommended by the 
states of Washington, 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 number 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 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, thus allowing fishers access to 
the available fish at the time the fish were available while ensuring 
that quotas 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.

[[Page 76247]]

    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: December 16, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-29785 Filed 12-19-14; 8:45 am]
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