51166 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations 

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. 

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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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations 51167 

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 markselective coho season, June 24, 2017 

through July 31, 2017, was transferred, 

on an impact-neutral basis, to the nonmark-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-markselective 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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51168 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations 

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] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF808 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Exchange of Flatfish 

in the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is exchanging unused 

flathead sole and rock sole Community 

Development Quota (CDQ) for yellowfin 

sole CDQ acceptable biological catch 

(ABC) reserves in the Bering Sea and 

Aleutian Islands management area. This 

action is necessary to allow the 2017 

total allowable catch of yellowfin sole in 

the Bering Sea and Aleutian Islands 

management area to be harvested by the 

Aleutian Pribilof Islands Community 

Development Association (APICDA). 

DATES: Effective November 3, 2017 

through December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands 

management area (BSAI) according to 

the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2017 flathead sole, rock sole, and 

yellowfin sole CDQ reserves specified in 

the BSAI are 1,228 metric tons (mt), 

5,165 mt, and 16,677 mt as established 

by the final 2017 and 2018 harvest 

specifications for groundfish in the 

BSAI (82 FR 11826, February 27, 2017) 

and revised by flatfish exchange (82 FR 

49539, October 26, 2017). The 2017 

flathead sole, rock sole, and yellowfin 

sole CDQ ABC reserves are 6,078 mt, 

11,431 mt and 11,229 mt as established 

by the final 2017 and 2018 harvest 

specifications for groundfish in the 

BSAI (82 FR 11826, February 27, 2017) 

and revised by flatfish exchange (82 FR 

49539, October 26, 2017). 

The APICDA has requested that 

NMFS exchange 100 mt of flathead sole 

sole CDQ reserves and 400 mt of rock 

sole CDQ reserves for 500 mt of 

yellowfin sole CDQ ABC reserves under 

§ 679.31(d). Therefore, in accordance 

with § 679.31(d), NMFS exchanges 100 

mt of flathead sole CDQ reserves and 

400 mt of rock sole CDQ reserves for 500 

mt of yellowfin sole CDQ ABC reserves 

in the BSAI. This action also decreases 

and increases the TACs and CDQ ABC 

reserves by the corresponding amounts. 

Tables 11 and 13 of the final 2017 and 

2018 harvest specifications for 

groundfish in the BSAI (82 FR 11826, 

February 27, 2017), and revised by 

flatfish exchange (82 FR 49539, October 

26, 2017), are further revised as follows: 

TABLE 11—FINAL 2017 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND

AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK

SOLE, AND YELLOWFIN SOLE TACS

[Amounts are in metric tons] 

Sector 

Pacific ocean perch Flathead sole Rock sole Yellowfin sole 

Eastern 

Aleutian 

district 

Central 

Aleutian 

district 

Western 

Aleutian 

district 

BSAI BSAI BSAI 

TAC .......................................................... 7,900 7,000 9,000 14,076 46,825 154,699 

CDQ ......................................................... 845 749 963 1,128 4,765 17,177 

ICA ........................................................... 100 60 10 4,000 5,000 4,500 

BSAI trawl limited access ........................ 695 619 161 0 0 18,151 

Amendment 80 ......................................... 6,259 5,572 7,866 8,949 37,060 114,871 

Alaska Groundfish Cooperative ............... 3,319 2,954 4,171 918 9,168 45,638 

Alaska Seafood Cooperative ................... 2,940 2,617 3,695 8,031 27,893 69,233 

Note: Sector apportionments may not total precisely due to rounding. 


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