[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Rules and Regulations]
[Pages 51166-51168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24019]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 161222999-7413-01]
RIN 0648-XF715


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions #12 
Through #18

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

ACTION: Modification of fishing seasons.

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SUMMARY: NMFS announces seven 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 Humbug Mountain, OR.

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

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

SUPPLEMENTARY INFORMATION: 

Background

    In the 2017 annual management measures for ocean salmon fisheries 
(82 FR 19630, April 28, 2017), 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, 2017, and 2018 salmon fisheries 
opening earlier than May 1, 2018. 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 participated 
in the consultations described in this document were: 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./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 affected 
fisheries north and south of Cape Falcon. All times mentioned refer to 
Pacific daylight time.

Inseason Actions

Inseason Action #12

    Description of action: Inseason action #12 transferred 2,600 coho 
from the north of Falcon commercial fishery to the recreational fishery 
in the Westport subarea. The adjusted coho quota for the north of 
Falcon commercial fishery is 3,000. The adjusted coho quota for the 
Westport subarea is 18,140.
    Effective dates: Inseason action #12 took effect on August 10, 
2017, and remained in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to provide additional coho quota to the north of Cape Falcon 
recreational fishery in the Westport subarea in order to extend the 
season and avoid closing this subarea while adjacent subareas remained 
open. The commercial fishing representatives on the Council's Salmon 
Advisory Subpanel (SAS) supported the quota transfer. The Regional 
Administrator (RA) considered fishery effort and coho landings to date 
in the recreational and commercial fisheries, and determined that this 
inseason action was necessary to meet the management objectives set 
preseason. Inseason actions to modify quotas or fishing seasons are 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#12 occurred on August 10, 2017. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #13

    Description of action: Inseason action #13 transferred 500 coho 
from the north of Cape Falcon commercial salmon fishery and 1,027 coho 
from the north of Cape Falcon recreational salmon fishery in the 
Westport subarea to the north of Cape Falcon recreational salmon 
fishery in the Columbia River subarea. The revised recreational coho 
quota for the Westport subarea is 17,113, and the Columbia River 
subarea is 22,527. The revised coho quota for the north of Cape Falcon 
commercial fishery is 2,500.
    Effective dates: Inseason action #13 took effect on August 17, 
2017, and remained in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to provide additional coho quota to the north of Cape Falcon 
recreational fishery in the Columbia River subarea in order to extend 
the season and allow the adjacent Columbia River and Westport subareas 
to remain open for recreational salmon fishing until these subareas 
could be closed simultaneously through inseason action #16, below. The 
commercial fishing representatives on the Council's SAS supported the 
quota transfer. The RA considered fishery effort and coho landings to 
date in the recreational and commercial fisheries, and determined that 
this inseason action was necessary to meet the management objectives 
set preseason. Inseason actions to modify quotas or fishing seasons are 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#13 occurred on August 17, 2017. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #14

    Description of action: Inseason action #14 transferred 400 coho 
from the north of Cape Falcon recreational salmon fishery in the Neah 
Bay subarea to the north of Cape Falcon recreational salmon fishery in 
the La Push subarea. The revised coho quota for Neah Bay is 3,970, and 
for La Push 1,490.
    Effective dates: Inseason action #14 took effect on August 17, 
2017, and remained in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to provide additional coho quota to the north of Cape Falcon 
recreational fishery in the La Push subarea in order to extend the 
season in that subarea and allow the adjacent La Push and Neah Bay 
subareas to remain open for recreational salmon fishing until these 
subareas could be closed simultaneously on September 4, 2017, as 
scheduled preseason. The RA considered fishery effort and coho landings 
to date in the recreational fisheries, and determined that this 
inseason action was necessary to meet the management objectives set 
preseason. Inseason actions to modify quotas or fishing seasons are 
authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#14 occurred on August 17, 2017. Representatives from NMFS, WDFW,

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ODFW, and the Council participated in this consultation.

Inseason Action #15

    Description of action: Inseason action #15 modified the open period 
in the commercial salmon fishery from the U.S./Canada border to the 
Queets River, WA, from five days per week (Friday through Tuesday) to 
seven days per week. Inseason action #15 also modified the landing and 
possession limit from 75 Chinook and 10 coho per vessel per open period 
to 100 Chinook and 10 coho per vessel per open period; this landing 
limit modification superseded inseason action #7 (82 FR 43192, 
September 14, 2017).
    Effective dates: Inseason action #15 took effect on August 21, 
2017, and remained in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to increase access to the available quota, as Chinook landings in 
the affected area were well below the level anticipated preseason. The 
RA considered Chinook landings to date and fishery effort, and 
determined that this inseason action was necessary to meet the 
management objectives set preseason. Inseason actions to modify quotas 
and/or fishing seasons are authorized by 50 CFR 660.409(b)(1)(i) and 
inseason actions to modify regulations limiting retention are 
authorized by 50 CFR 660.409(b)(1)(ii).
    Consultation date and participants: Consultation on inseason action 
#15 occurred on August 17, 2017. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #16

    Description of action: Inseason action #16 closed the north of Cape 
Falcon recreational salmon fisheries in the Columbia River and Westport 
subareas at 11:59 p.m., Tuesday, August 22, 2017.
    Effective dates: Inseason action #16 took effect August 22, 2017, 
and remains in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to avoid exceeding the coho quota for recreational fisheries from 
Leadbetter Point, WA, to Cape Falcon, OR. The RA considered coho 
landings to date and fishery effort, and determined that this inseason 
action was necessary to meet the management objectives for fishery 
impacts set preseason. Inseason actions to modify quotas or fishing 
seasons are authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#16 occurred on August 17, 2017. Representatives from NMFS, WDFW, ODFW, 
and the Council participated in this consultation.

Inseason Action #17

    Description of action: Inseason action #17 modified the quota in 
the recreational fishery in the area from Cape Falcon to Humbug 
Mountain. Unused coho quota from the mark-selective coho season, June 
24, 2017 through July 31, 2017, was transferred, on an impact-neutral 
basis, to the non-mark-selective coho fishery, scheduled for September 
2, 2017 through September 30, 2017. The adjusted quota for the non-
mark-selective coho fishery is 7,900 coho.
    Effective dates: Inseason action #17 took effect August 28, 2017 
and remains in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: This action was taken 
consistent with the annual management measures (82 FR 19630, April 28, 
2017) which provided that any remainder of the mark-selective quota may 
be transferred on an impact-neutral basis to the September non-mark-
selective quota from Cape Falcon to Humbug Mountain. The STT calculated 
that the quota transfer would add 1,900 coho to the 6,000 non-mark-
selective coho quota set preseason, for an adjusted quota of 7,900 
coho. The RA considered the landings from the mark-selective fishery 
and the STT's calculations and determined that this inseason action was 
necessary to meet the management objectives 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 
#17 occurred on August 28, 2017. Representatives from NMFS, ODFW, and 
CDFW participated in this consultation. Council staff were unavailable 
to participate but were notified of the RA's decision immediately after 
the consultation.

Inseason Action #18

    Description of action: Inseason action #18 closed the non-mark-
selective coho recreational salmon fishery from Cape Falcon, OR, to 
Humbug Mountain, OR, at 11:59 p.m., September 7, 2017, due to projected 
attainment of the non-mark-selective coho quota.
    Effective dates: Inseason action #18 took effect September 7, 2017, 
and remains in effect through the end of the 2017 salmon fishing 
season.
    Reason and authorization for the action: The purpose of this action 
was to prevent exceeding the quota for the non-mark-selective coho 
fishery. The RA considered coho landings to date, and determined that 
this inseason action was necessary to meet the management objectives 
for fishery impacts set preseason. Inseason actions to modify quotas or 
fishing seasons are authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#18 occurred on September 6, 2017. Representatives from NMFS, ODFW, and 
CDFW participated in this consultation. Council staff were unavailable 
to participate but were notified of the RA's decision immediately after 
the consultation.
    All other restrictions and regulations remain in effect as 
announced for the 2017 ocean salmon fisheries and 2018 salmon fisheries 
opening prior to May 1, 2018 (82 FR 19631, April 28, 2017) and as 
modified by prior inseason actions.
    The RA determined that the best available information indicated 
that Chinook and coho salmon abundance forecasts, Chinook and coho 
salmon landings, and expected fishery effort supported the above 
inseason actions recommended by the states of Washington and Oregon. 
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 
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

    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 (82 FR 19631, April 28, 2017), the Pacific 
Coast Salmon Fishery Management Plan (FMP), and regulations 
implementing the 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

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between the time Chinook and coho salmon 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, ensuring that conservation objectives and Endangered 
Species Act consultation standards 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 FMP and the 
current management measures.
    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: October 31, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24019 Filed 11-2-17; 8:45 am]
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