76242 Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Rules and Regulations 

0001. Telephone (202) 366–1812 or 

Dee.Williams@dot.gov. Office hours are 

from 8:00 a.m. to 4:30 p.m., Monday 

through Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: On 

December 27, 2011, FMCSA published a 

final rule titled ‘‘Hours of Service of 

Drivers.’’ [76 FR 81134.] The rule 

revised the HOS regulations and 

imposed certain limits on the use of the 

34-hour restart provision (49 CFR 

395.3(c)–(d)). Compliance with the 

revised restart provision began on July 

1, 2013. 

On December 16, 2014, the President 

signed the Consolidated and Further 

Continuing Appropriations Act, 2015, 

which provides FY 2015 appropriations 

to the U.S. Department of 

Transportation, including FMCSA. 

Section 133(a) of Title I of Division K of 

the Act declares that 49 CFR 395.3(c) 

and (d) ‘‘shall have no force or effect 

from the date of enactment of this Act 

until the later of September 30, 2015, or 

upon submission of the final report 

issued by the Secretary [of 

Transportation] under this section. The 

restart provisions in effect on June 30, 

2013, shall be in effect during this 

period.’’ Section 133(a) also prohibits 

FMCSA from using any of the funds 

appropriated or otherwise made 

available by the Act to enforce § 395.3(c) 

and (d). 

Section 395.3(c) allows drivers to 

restart the calculation of their 60- or 70- 

hour limit by taking an off-duty period 

of at least 34 consecutive hours, 

including two periods from 1:00 a.m. to 

5:00 a.m. Under § 395.3(d), only one 

restart authorized by § 395.3(c) is 

allowed per week (168 hours), measured 

from the beginning of the previous 

restart period. 

The restart provisions in effect on 

June 30, 2013, on the other hand, 

allowed drivers to restart their 60- or 70- 

hour calculation by taking at least 34 

consecutive hours off duty, without any 

additional limitations. Drivers are 

therefore authorized, as of 12:01 a.m. on 

December 16, 2014, to resume use of the 

previous, unlimited restart provision. 

While the suspension of enforcement 

provision does not preempt State law, in 

order to maintain enforcement activities 

and regulations compatible with the 

Federal law and regulation, the funding 

restrictions prohibit all agencies that 

receive Federal grant funds under the 

Motor Carrier Safety Assistance Program 

(MCSAP) from using MCSAP funding to 

engage in any enforcement activities 

based on the two restart restrictions that 

went into effect on July 1, 2013. 

Because Section 133 temporarily 

suspends, but does not rescind, 

§ 395.3(c) and (d), no changes are being 

made to the text of those provisions. 

The Act requires the Agency to perform 

‘‘a naturalistic study of the operational, 

safety, health and fatigue impacts’’ of 

those restart provisions. The suspension 

of the restart rules that took effect on 

July 1, 2013, and the availability to 

drivers of the restart rules in effect on 

June 30, 2013, will continue until the 

end of Fiscal Year 2015 (September 30) 

or until the final report on the 

naturalistic study has been submitted to 

the House and Senate Committees on 

Appropriations, whichever is later. 

FMCSA will provide public notice of 

the date when the temporary suspension 

ends and § 395.3(c) and (d) regain their 

legal force and effect. 

Issued on: December 17, 2014. 

T.F. Scott Darling, III, 

Acting Administrator. 

[FR Doc. 2014–30028 Filed 12–18–14; 4:15 pm] 

BILLING CODE 4910–EX–P 

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. 

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: 

• 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. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, West Coast 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA, 98115–6349. 

• 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./ 

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Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Rules and Regulations 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 nonmark-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 impactneutral 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 nonselective 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 

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76244 Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Rules and Regulations 

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 markselective 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. 

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Inseason Action #34 

Description of action: Inseason action 

#34 transferred 1,000 non-markselective 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 markselective 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-markselective 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-markselective coho salmon per vessel per 

open period south of Queets River 

(previously 15 Chinook and 100 nonmark-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. 

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76246 Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Rules and Regulations 

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 nonmark-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-markselective 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. 

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Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Rules and Regulations 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] 

BILLING CODE 3510–22–P 

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