Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #5 Through #26, 68349-68354 [2011-28663]

Download as PDF jlentini on DSK4TPTVN1PROD with RULES Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations based upon the amount of shares each held just prior to the redistribution. During December of each year, the RA will determine the amount of revoked shares, if any, to be redistributed, and the shares will be distributed at the beginning of the subsequent fishing year. (8) Annual recalculation and notification of IFQ shares and allocation. On or about January 1 each year, IFQ shareholders will be notified, via the IFQ Web site at https:// ifq.sero.nmfs.noaa.gov, of their IFQ shares and allocations, for each of the five share categories, for the upcoming fishing year. These updated share values will reflect the results of applicable share transfers and any redistribution of shares (subject to cap restrictions) resulting from permanent revocation of IFQ shares. Allocation, for each share category, is calculated by multiplying IFQ share for that category times the annual commercial quota or commercial catch allowance for that share category. Updated allocation values will reflect any change in IFQ share for each share category, any change in the annual commercial quota or commercial catch allowance for the applicable categories; and any debits required as a result of prior fishing year overages as specified in paragraph (c)(1)(ii) of this section. IFQ participants can monitor the status of their shares and allocation throughout the year via the IFQ Web site. (9) Gulf grouper and tilefish IFQ program participation for current grouper and tilefish IFQ account holders. (i) A current participant in the Gulf grouper and tilefish IFQ program must complete and submit the application for an IFQ Online Account that is available on the Web site https:// sero.nmfs.noaa.gov, to certify status as a U.S. citizen or permanent resident alien. The account holder must also complete and submit any other information on this form that may be necessary for the administration of the IFQ online account. (ii) A person with an established IFQ online account must update and confirm the account information every 2 years. IFQ online accounts are updated through the submission of the application for an IFQ Online Account. Accounts must be updated prior to the account validity date (expiration date of the account) that is displayed on each account holder’s IFQ online account page. The RA will provide each participant who has established an online account an application approximately 2 months prior to the account validity date. A participant who is not provided an application at least VerDate Mar<15>2010 16:20 Nov 03, 2011 Jkt 226001 45 days prior to the account validity date must contact IFQ Customer Service at 1–(866) 425–7627 and request an application. Failure to submit a completed application prior to the participant’s account validity date will lead to the suspension of the participant’s access to his IFQ online account until a completed application is submitted. Participants who certify that they are either not a U.S. citizens or permanent resident alien will be ineligible to receive shares or allocation through transfer. [FR Doc. 2011–28667 Filed 11–3–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 100223162–1268–01] RIN 0648–XA551 Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #5 Through #26 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of fishing seasons and landing and possession limits; request for comments. AGENCY: NOAA Fisheries announces 22 inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial and recreational fisheries in the area from the U.S./Canada Border to the U.S./ Mexico Border. DATES: The effective dates for the inseason action are set out in this document under the heading Inseason Actions. Inseason actions remain in effect until the closing date of the 2011 salmon season announced in the 2011 annual management measures or until modified by additional inseason action. Comments will be accepted through November 21, 2011. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2011–0171, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal https://www. regulations.gov. To submit comments via the e-Rulemaking Portal, first click the ‘‘submit a comment’’ icon, then enter NOAA–NMFS–2011–0171 in the SUMMARY: PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 68349 keyword search. Locate the document you wish to comment on from the resulting list and click on the ‘‘Submit a Comment’’ icon on the right of that line. • Mail: William W. Stelle, Jr., Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115–6349. • Fax: (206) 526–6736, Attn: Peggy Mundy. Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. 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. All comments received are a part of the public record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. 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, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Peggy Mundy at (206) 526–4323. SUPPLEMENTARY INFORMATION: Background In the 2011 annual management measures for ocean salmon fisheries (76 FR 25246, May 4, 2011), 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, 2011, and 2012 salmon seasons opening earlier than May 1, 2012. 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). Prior to taking inseason action, the Regional Administrator (RA) consults with the Chairman of the Pacific Fishery Management Council (Council) and the appropriate State Directors (50 CFR 660.409(b)(1)). Management of the salmon fisheries is generally divided into two geographic areas: north of Cape Falcon (U.S./ Canada Border to Cape Falcon, Oregon) and south of Cape Falcon (Cape Falcon, Oregon to the U.S./Mexico Border). E:\FR\FM\04NOR1.SGM 04NOR1 68350 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations Inseason Actions The table below lists the inseason actions announced in this document. Inseason action No. Effective date Salmon fishery affected 5 ........................ 6 ........................ 7 ........................ 8 ........................ 9 ........................ 10 ...................... May 28, 2011 ..................... June 21, 2011 .................... July 15, 2011 ...................... July 18, 2011 ...................... August 1, 2011 ................... August 1, 2011 ................... 11 ...................... August 1, 2011 ................... 12 ...................... 13 ...................... 14 ...................... July 29, 2011 ...................... August 2, 2011 ................... August 7, 2011 ................... 15 ...................... 16 ...................... August 12, 2011 ................. August 14, 2011 ................. 17 ...................... 18 ...................... August 19, 2011 ................. August 19, 2011 ................. 19 20 21 22 23 24 ...................... ...................... ...................... ...................... ...................... ...................... August 19, 2011 ................. August 29, 2011 ................. August 27, 2011 ................. September 1, 2011 ............ September 3, 2011 ............ August 31, 2011 ................. 25 ...................... 26 ...................... September 5, 2011 ............ September 7, 2011 ............ Commercial fishery from U.S./Canada border to U.S./Mexico border. Commercial fishery from U.S./Canada border to Cape Falcon, Oregon. Commercial fishery from U.S./Canada border to Cape Falcon, Oregon. Commercial fishery from Oregon/California border to Humboldt South Jetty, California. Commercial fishery from Oregon/California border to Humboldt South Jetty, California. Recreational fishery from Queets River, Washington to Leadbetter Point, Washington (Westport subarea). Recreational fishery from U.S./Canada border to Cape Alava, Washington (Neah Bay subarea) and Cape Alava, Washington to Queets River, Washington (La Push subarea). Commercial fishery from U.S./Canada border to U.S./Mexico border. Commercial fishery from Oregon/California border to Humboldt South Jetty, California. Recreational fishery from Queets River, Washington to Leadbetter Point, Washington (Westport subarea) and from Leadbetter Point, Washington to Cape Falcon, Oregon (Columbia River Subarea). Commercial fishery from U.S./Canada border to Cape Falcon, Oregon. Recreational fishery from Queets River, Washington to Leadbetter Point, Washington (Westport subarea) and from Leadbetter Point, Washington to Cape Falcon, Oregon (Columbia River Subarea). Recreational fishery from U.S./Canada border to Cape Falcon, Oregon. Recreational fishery from Queets River, Washington to Leadbetter Point, Washington (Westport subarea). Commercial fishery from U.S./Canada border to Cape Falcon, Oregon. Recreational fishery from U.S./Canada border to Cape Falcon, Oregon. Commercial fishery from U.S./Canada border to Cape Falcon, Oregon. Recreational fishery from Cape Falcon, Oregon to Humbug Mountain, Oregon. Commercial fishery from U.S./Canada border to Cape Falcon, Oregon. Recreational fishery from U.S./Canada border to Cape Alava, Washington (Neah Bay subarea) and from Cape Alava to Queets River, Washington (La Push subarea). Recreational fishery from U.S./Canada border to Cape Falcon, Oregon. Recreational fishery from Cape Falcon, Oregon to Humbug Mountain, Oregon. jlentini on DSK4TPTVN1PROD with RULES Inseason Action #5 The RA consulted with representatives of the Council, International Pacific Halibut Commission (IPHC), Washington Department of Fish and Wildlife (WDFW), and Oregon Department of Fish and Wildlife (ODFW) on May 26, 2011. The information considered during this consultation related to catch to date for halibut incidentally caught in the commercial salmon fishery which was approaching the preseason allocation of halibut recommended by the IPHC (76 FR 14300, March 16, 2011). Inseason action #5 closed retention of halibut caught incidentally in the ocean salmon commercial fishery from the U.S./Canada border to the U.S./Mexico border. This action was taken to prevent exceeding the preseason allocation. On May 26, 2011, the states recommended this action and the RA concurred; inseason action #5 took effect on May 28, 2011. This inseason action remained in effect until superseded by inseason action #12 which took effect on July 29, 2011. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). VerDate Mar<15>2010 16:20 Nov 03, 2011 Jkt 226001 Inseason Action #6 The RA consulted with representatives of the Council, WDFW, and ODFW on June 20, 2011. The information considered during this consultation related to catch of Chinook salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the commercial salmon fishery. The objectives for the May/June commercial salmon fishery north of Cape Falcon were to remain within the quota of 20,600 Chinook salmon and to allow the fishery to remain open through June, if possible, to maximize the value of the commercial harvest (50 CFR 660.408(c)(1)(ix)(B)). Catch rates to date suggested that, without taking inseason action to protract the fishery, the quota would be met prematurely. Inseason action #6 closed the commercial salmon fishery from the U.S./Canada Border to Cape Falcon, Oregon at 11:59 p.m., June 21, 2011; and reopened the fishery at 12:01 a.m., June 23, 2011 through June 30, 2011, with an open period landing limit of 30 Chinook salmon per vessel. This action was taken to prevent exceeding the quota on Chinook salmon established preseason and to allow the fishery to meet the PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 management objective of remaining open through June. On June 20, 2011, the states recommended this action and the RA concurred; inseason action #6 took effect on June 21, 2011. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Inseason Action #7 The RA consulted with representatives of the Council, WDFW, and ODFW on July 14, 2011. The information considered during this consultation related to catch of Chinook and coho salmon to date and Chinook and coho salmon catch rates compared to quotas and other management measures established preseason for the commercial salmon fishery north of Cape Falcon. The objectives for this fishery were to remain within the 10,300 preseason Chinook salmon guideline and the 12,800 marked coho quota and to extend the season into September, if possible. The rate of catch to date suggested that, without inseason action, the Chinook salmon guideline would be harvested well ahead of the coho quota. This would potentially require closure of the commercial fishery well in advance of the E:\FR\FM\04NOR1.SGM 04NOR1 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations September 15 objective and, therefore, prevent the commercial fishery from fully accessing the coho quota. Inseason action #7 adjusted the open period landing limit from 50 Chinook and 50 coho per vessel to 30 Chinook and 50 coho per vessel. This action was taken to prevent exceeding the quota on Chinook salmon established preseason and to allow the fishery to meet the management objectives of remaining open throughout the summer and allow access to the coho salmon quota. On July 14, 2011, the states recommended this action and the RA concurred; inseason action #7 took effect on July 15, 2011. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Inseason Actions #8 and #9 jlentini on DSK4TPTVN1PROD with RULES The RA consulted with representatives of the Council, ODFW, and California Department of Fish and Game (CDFG) on July 18, 2011 and July 28, 2011. The information considered during these consultations related to catch of Chinook salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the commercial salmon fishery in the Klamath Management Zone (KMZ). This fishery had a July quota of 1,400 Chinook salmon. At the time of the consultation on July 18, 1,462 Chinook were known to have been harvested in this fishery. The management measures established preseason did not allow transfer of quota from the August fishery to the July fishery to accommodate exceeding the July quota. Chinook harvested in excess of the July quota would have to be accounted for by modifying the August quota. At the time of the follow-up consultation on July 28, the estimated harvest in the July fishery was 1,564. Because harvest exceeded the quota for the July fishery, the Salmon Technical Team (STT) was asked to calculate the impact neutral 1 adjustment for the August quota; that adjustment reduced the August quota established preseason from 1,000 Chinook to 880 Chinook. Inseason action #8 closed the commercial salmon fishery from Oregon/California border to Humboldt South Jetty (California KMZ) at 11:59 p.m. (midnight), July 18, 2011. This 1 Impact neutral: Inseason transfers of quota alter the timing and location of catch from what was projected preseason; therefore, a one-to-one transfer is not appropriate and the transfer must be remodeled by the STT to determine an impact neutral basis, which is a catch level that produces the same fishery mortality on the most constraining stock in the fishery as projected during the preseason management process. VerDate Mar<15>2010 16:20 Nov 03, 2011 Jkt 226001 action was taken due to projected attainment of the quota for this fishery. On July 18, 2011, the states and the RA consulted on this action. Automatic closure of a fishery due to projected attainment of quota is authorized by 50 CFR 660.409(a)(1). Inseason action #9 adjusted the quota for the August commercial salmon fishery in the California KMZ and modified the season and landing limit to August 1 through August 5 with a daily landing limit of 30 Chinook salmon per vessel. This action was taken to meet the management objectives established preseason, specifically to keep harvest within the established quotas. On July 28, 2011, the states recommended this action and the RA concurred; inseason action #9 took effect on August 1, 2011 and remained in effect until superseded by inseason action #13, which took effect on August 2, 2011. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Inseason Actions #10 and #11 The RA consulted with representatives of the Council, WDFW, and ODFW on July 28, 2011. The information considered during this consultation related to catch of Chinook and coho salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the recreational salmon fishery north of Cape Falcon, Oregon. At the time of the consultation, Chinook salmon catch rates were projected to result in unutilized quota if no action was taken to modify the open periods and landing limits. Inseason action #10 modified the recreational fishery from Queets River to Leadbetter Point (Westport Subarea) from 5 days per week (Sunday through Thursday) to 7 days per week, consistent with the subareas north and south of Westport. Inseason action #11 modified the landing limits in the recreational fishery from U.S./Canada Border to Cape Alava (Neah Bay Subarea) and from Cape Alava to Queets River (La Push Subarea) to allow retention of 2 Chinook salmon per angler per day. These actions were taken to allow the recreational fishery greater access to available Chinook salmon. On July 28, 2011, the states recommended these actions and the RA concurred; inseason actions #10 and #11 took effect on August 1, 2011. Inseason action #10 remained in effect until superseded by inseason action #18 which took effect on August 19, 2011. Inseason action #11 remained in effect until superseded by inseason action #20 which took effect on August 29, 2011. Modification of PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 68351 quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii). Inseason Action #12 The RA consulted with representatives of the Council, IPHC, WDFW, and ODFW on July 28, 2011. The information considered during this consultation related to catch of halibut and Chinook salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason. As discussed above, inseason action #5 closed retention of halibut caught incidental to the commercial salmon fishery, effective May 28, 2011. Updated catch statistics presented by the states determined that a modest amount of halibut quota remained unharvested, amounting to somewhat less than 3,000 pounds of halibut (landed, head-on) or approximately 118 to 148 halibut. Inseason action #12 re-opened incidental halibut retention in the commercial salmon fishery with a landing limit of 1 halibut per vessel for each 7 consecutive days, Friday through Thursday. On July 28, 2011, the states recommended this action and the RA concurred; inseason action #12 took effect on July 29, 2011. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Inseason Action #13 The RA consulted with representatives of the Council, ODFW, and CDFG on August 2, 2011. The information considered during this consultation related to catch of Chinook salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the commercial salmon fishery in the Klamath Management Zone (KMZ). The quota, landing limit, and duration of this fishery were modified under inseason action #9 to mitigate the impact of exceeding the July quota; the modified August quota was 880 Chinook salmon, the modified season was August 1 through August 5 with a daily landing limit of 30 Chinook salmon per vessel. In the first day of this fishery, estimated landings totaled 325 Chinook salmon, leaving only 555 Chinook. The STT was of the opinion that catch rates were not likely to decrease during this short fishery, and stable or increasing catch rates would result in exceeding the quota. Additional inseason action was necessary to avoid exceeding the quota for the August fishery. Inseason action #13 closed the commercial salmon fishery from E:\FR\FM\04NOR1.SGM 04NOR1 68352 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations Oregon/California border to Humboldt South Jetty (California KMZ) at 11:59 p.m. (midnight), August 2, 2011. This action was taken due to projected attainment of the quota for this fishery. On August 2, 2011, the states and the RA consulted on this action. Automatic closure of a fishery due to projected attainment of quota is authorized by 50 CFR 660.409(a)(1). jlentini on DSK4TPTVN1PROD with RULES Inseason Action #14 The RA consulted with representatives of the Council, WDFW, and ODFW on August 3, 2011. The information considered during this consultation related to catch of Chinook and coho salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the recreational salmon fishery north of Cape Falcon, Oregon. Due to reduced fishing effort as compared with last year, Chinook salmon catch was lower than anticipated preseason. Inseason action #14 modified the daily bag limit in the recreational fishery from Queets River to Leadbetter Point (Westport subarea) and from Leadbetter Point to Cape Falcon (Columbia River subarea) to allow retention of 2 Chinook salmon per angler per day. This action was taken to allow recreational fisheries access to available Chinook salmon. On August 3, 2011, the states recommended this action and the RA concurred; inseason action #14 took effect on August 7, 2011 and remained in effect until superseded by inseason action #16, which took effect on August 14, 2011. Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii). Inseason Action #15 The RA consulted with representatives of the Council, WDFW, and ODFW on August 11, 2011. The information considered during this consultation related to catch of Chinook and coho salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the commercial salmon fishery north of Cape Falcon, Oregon. The management objectives for the summer commercial fishery were to fully utilize the allowable catch of Chinook and coho salmon while not exceeding the quota, and to provide opportunity for salmon harvest into September. At the time of the consultation on August 11, increased participation in the fishery had resulted in increased landings, with the result that 90 percent of the Chinook guideline had been harvested; therefore, inseason action was necessary to stay VerDate Mar<15>2010 16:20 Nov 03, 2011 Jkt 226001 within the Chinook salmon guideline set preseason. Inseason action #15 suspended the commercial fishery, north of Cape Falcon, scheduled to be open August 12 through August 16. This action was taken to avoid exceeding the Chinook salmon guideline while managers determined exactly how much allowable Chinook salmon catch remained. On August 11, 2011, the states recommended this action and the RA concurred; inseason action #15 took effect on August 12, 2011 and remained in effect until superseded by inseason action #19, which was effective on August 19, 2011. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Inseason Action #16 The RA consulted with representatives of the Council, WDFW, and ODFW on August 12, 2011. The information considered during this consultation related to catch of Chinook and coho salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the recreational salmon fishery north of Cape Falcon, Oregon. Recent upsurge in effort and catch per unit effort in the Westport subarea resulted in accelerated harvest that threatened to utilize the available Chinook salmon ahead of the management objective to allow recreational fishing into September. Inseason action #16 modified the daily landing limit for the recreational fishery from Queets River to Leadbetter Point (Westport subarea) and from Leadbetter Point to Cape Falcon (Columbia River subarea) to allow retention of two salmon per angler per day, only one of which could be a Chinook salmon. On August 12, 2011, the states recommended this action and the RA concurred; inseason action #16 took effect on August 14, 2011. Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii). Inseason Actions #17 and #18 The RA consulted with representatives of the Council, WDFW, and ODFW on August 16, 2011. The information considered during this consultation related to catch of Chinook and coho salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the recreational salmon fishery north of Cape Falcon, Oregon. The spring recreational fishery ended June 25 with a remaining quota of 2,500 markselective Chinook salmon unharvested; the STT calculated that unutilized PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 spring quota would be equivalent to 1,200 non-mark-selective Chinook salmon in the summer fishery and should be distributed proportionally among the four subareas. Even with the additional quota, without further inseason adjustment, the Westport subarea was at risk of exceeding its allowable catch of Chinook salmon. Inseason action #17 rolled-over unutilized Chinook salmon quota from the spring recreational fishery north of Cape Falcon to the summer recreational fishery on an impact neutral basis, and distributed the adjusted quota proportionally among the four subareas as follows: Columbia River (+310 Chinook), Westport (+700 Chinook), La Push (+60 Chinook), and Neah Bay (+130 Chinook). This action was taken to allow fishing opportunity on unutilized quota. Inseason action #18 modified the recreational fishery in the Westport subarea (Queets River to Leadbetter Point) by limiting fishing to Sunday through Thursday. This action superseded inseason action #10, which took effect August 1, 2011. This action was taken to prevent the Westport subarea from exceeding its allowable catch of Chinook salmon. On August 16, 2011, for inseason actions #17 and #18, the states recommended these actions and the RA concurred; both inseason actions took effect on August 19, 2011. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Inseason Action #19 The RA consulted with representatives of the Council, WDFW, and ODFW on August 17, 2011. The information considered during this consultation related to catch of Chinook and coho salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the commercial salmon fishery north of Cape Falcon, Oregon. The management objectives for the summer commercial fishery were to fully utilize the allowable catch of Chinook and coho salmon while not exceeding the quota, and to provide opportunity for salmon harvest into September. Inseason action #15 suspended the commercial salmon fishery north of Cape Falcon on August 12. Consultation on August 17 indicated 1,070 Chinook salmon remained from the guideline set preseason. Inseason action #19 provided a oneday opening of the commercial salmon fishery from the U.S./Canada border to Cape Falcon, Oregon on Friday, August 19, 2011, with a landing limit of 12 Chinook and 50 coho per vessel. On E:\FR\FM\04NOR1.SGM 04NOR1 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations August 17, 2011, the states recommended this action and the RA concurred. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). jlentini on DSK4TPTVN1PROD with RULES Inseason Action #20 The RA consulted with representatives of the Council, WDFW, and ODFW on August 23, 2011. The information considered during this consultation related to catch of Chinook and coho salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the recreational salmon fishery north of Cape Falcon, Oregon. With limited Chinook salmon remaining to be caught, the management concern was to keep the fishery open to access available coho quota. Inseason action #20 modified the recreation salmon fishery from the U.S./ Canada border to Cape Falcon, Oregon to allow fishing seven days per week with no retention of Chinook salmon, effective August 29, 2011. On August 23, 2011, the states recommended this action and the RA concurred. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii). Inseason Action #21 The RA consulted with representatives of the Council, WDFW, and ODFW on August 24, 2011. The information considered during this consultation related to catch of Chinook and coho salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the commercial salmon fishery north of Cape Falcon, Oregon. The management objective for this fishery is to fully access the available coho quota while not exceeding the available Chinook salmon guideline. Inseason action #21 provided a threeday opening of the commercial salmon fishery from the U.S./Canada border to Cape Falcon, Oregon, from August 27 through August 29, 2011, with a landing limit of 12 Chinook and 75 coho per vessel. On August 24, 2011, the states recommended this action and the RA concurred. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Inseason Action #22 The RA consulted with representatives of the Council, ODFW, and CDFG on August 25, 2011. The information considered during this VerDate Mar<15>2010 16:20 Nov 03, 2011 Jkt 226001 consultation related to catch of coho salmon to date and coho salmon catch rates compared to quotas and other management measures established preseason for the recreational salmon fishery south of Cape Falcon. The 2011 salmon management measures (76 FR 25246, May 4, 2011) specified that any remainder of the mark selective coho quota from the July-August fishery would be transferred on an impact neutral basis to the September nonselective coho quota. The STT calculated the transfer would add 2,959 coho to the September quota, resulting in an adjusted quota of 5,959 coho for September. The management objective for this fishery is to allow access to all available quota. Inseason action #22 modified the recreational salmon fishery from Cape Falcon to Humbug Mountain, Oregon, opening the non-mark-selective coho fishery September 1 through September 10, 2011 or until attainment of the adjusted quota of 5,959 coho, all salmon, two fish per day. On August 25, 2011, the states recommended this action and the RA concurred. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii). Inseason Action #23 The RA consulted with representatives of the Council, WDFW, and ODFW on August 31, 2011. The information considered during this consultation related to catch of Chinook and coho salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the commercial salmon fishery north of Cape Falcon, Oregon. At the time of the consultation a modest quantity of Chinook salmon remained available, as well as a significant amount of the coho quota. The management objective for this fishery was to access fully the available coho quota while not exceeding the available Chinook salmon guideline. Inseason action #23 provided two four-day openings of the commercial salmon fishery from the U.S./Canada border to Cape Falcon, Oregon, from September 3 through September 6, 2011 and from September 10 through September 13, 2011, with a landing limit of 20 Chinook and 100 coho per vessel. On August 31, 2011, the states recommended this action and the RA concurred. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 68353 Inseason Actions #24 and #25 The RA consulted with representatives of the Council, WDFW, and ODFW on August 31, 2011. The information considered during this consultation related to catch of Chinook and coho salmon to date and Chinook salmon catch rates compared to quotas and other management measures established preseason for the recreational salmon fishery north of Cape Falcon, Oregon. Management objectives are to fully access available coho quota without exceeding the Chinook guideline and to keep the recreational fisheries open through the Labor Day holiday (50 CFR 660.408(h)(3)). Taken as a whole, the north of Cape Falcon recreational fishery had sufficient coho to remain open; one subarea, La Push, had almost exhausted its coho quota. At the time of the consultation, it was estimated that 2,721 Chinook remained available for harvest. Inseason action #24 transferred unutilized coho quota from the Neah Bay subarea to the La Push subarea on an impact neutral basis. The STT calculated that removing 1,000 coho from Neah Bay would achieve an effective transfer of 850 coho to La Push. Inseason action #25 superseded inseason action #20 to allow retention of one Chinook salmon per day per angler in the recreational fishery north of Cape Falcon, effective September 5, 2011. On August 31, 2011, the states recommended these actions and the RA concurred. Inseason action #24 took effect immediately. Inseason action #25 took effect September 5, 2011. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii). Inseason Action #26 The RA consulted with representatives of the Council, ODFW, and CDFG on September 6, 2011. The information considered during this consultation related to catch of coho salmon to date and coho salmon catch rates compared to quotas and other management measures established preseason for the recreational salmon fishery south of Cape Falcon. At the time of the consultation, catch data for September 1 through 5 indicated that catch per unit effort was greatly exceeding expectations and exceeding the quota would likely occur due to the time needed to notify the public of further inseason action. Inseason action was necessary to limit the amount by which the quota would be exceeded. E:\FR\FM\04NOR1.SGM 04NOR1 68354 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations jlentini on DSK4TPTVN1PROD with RULES Inseason action #26 modified the recreational salmon fishery from Cape Falcon to Humbug Mountain, Oregon. The non-mark-selective coho fishery was closed at 11:59 p.m. (midnight), September 7, 2011; the all salmon except coho fishery resumed on September 8, 2011. On September 6, 2011, the states recommended this action and the RA concurred. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Modification of recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii). All other restrictions and regulations remain in effect as announced for the 2011 Ocean Salmon Fisheries and previous inseason actions. The RA determined that the best available information indicated that the catch and effort data, and projections, supported the above inseason actions recommended by the states. 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 date 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 (76 FR 25246, May 4, 2011), the West Coast Salmon Plan, and regulations implementing the West Coast Salmon Plan 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 the fishery catch and effort data were collected to determine the extent of the fisheries, 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 VerDate Mar<15>2010 16:20 Nov 03, 2011 Jkt 226001 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 Fishery Management Plan 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: November 1, 2011. Steven Thur, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–28663 Filed 11–3–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 Background [Docket No. 100819383–1652–02] RIN 0648–BA18 Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; Limited Access Privilege Program National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues regulations implementing Amendment 93 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). These regulations amend the Bering Sea and Aleutian Islands Amendment 80 Program to modify the criteria for forming and participating in a harvesting cooperative. This action is necessary to encourage greater participation in harvesting cooperatives, which enable members to more efficiently target species, avoid areas with undesirable bycatch, and improve the quality of products produced. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable law. DATES: This final rule is effective on December 5, 2011, except for the provisions at § 679.91(h)(3)(ii) and (iii), which are effective November 4, 2011. SUMMARY: PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 Electronic copies of Amendment 93, the final Environmental Assessment (EA) and Regulatory Impact Review (RIR); Initial Regulatory Flexibility Analysis (IRFA); and Final Regulatory Flexibility Analysis (FRFA) prepared for this action are available from the NMFS Alaska Region Web site at https://alaskafisheries.noaa.gov. The proposed rule to implement Amendment 93 also may be accessed at this Web site. FOR FURTHER INFORMATION CONTACT: Gwen Herrewig, (907) 586–7228. SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive economic zone off Alaska are managed under the FMP. The FMP was prepared by the North Pacific Fishery Management Council (Council) under the Magnuson-Stevens Fishery Conservation and Management Act. Amendment 80 to the FMP implemented the Amendment 80 Program. Regulations implementing Amendment 80 were published on September 14, 2007 (72 FR 52668). These regulations are located at 50 CFR part 679. ADDRESSES: The Amendment 80 Program is commonly known as a limited access privilege program. Eligible fishery participants may receive exclusive access to specific fishery resources if certain conditions are met. Under the Amendment 80 Program, NMFS issues a quota share (QS) permit to a person holding the catch history of an original qualifying non-American Fisheries Act (AFA) trawl catcher/processor that met specific criteria designated by Congress under the Capacity Reduction Program (CRP) (Pub. L. 108–447). NMFS determined that 28 vessels met the criteria specified in the CRP. These vessels comprise the originally qualifying Amendment 80 vessels. NMFS determined the amount of QS issued based on the catch history of six Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, flathead sole, Pacific cod, rock sole, and yellowfin sole) in the Bering Sea and Aleutian Islands Management Area, from 1998 through 2004, derived from the 28 originally qualifying non-AFA trawl catcher/processors. Generally, the Amendment 80 Program is intended to facilitate the formation of fishing cooperatives, which have been shown to improve fishery management. Amendment 80 participants who join a fishing cooperative receive cooperative quota, which are exclusive harvest privileges for a portion of these fishery resources. E:\FR\FM\04NOR1.SGM 04NOR1

Agencies

[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Rules and Regulations]
[Pages 68349-68354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28663]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100223162-1268-01]
RIN 0648-XA551

Fisheries Off West Coast States; Modifications of the West Coast
Commercial and Recreational Salmon Fisheries; Inseason Actions
5 Through 26

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

ACTION: Modification of fishing seasons and landing and possession
limits; request for comments.

-----------------------------------------------------------------------

SUMMARY: NOAA Fisheries announces 22 inseason actions in the ocean
salmon fisheries. These inseason actions modified the commercial and
recreational fisheries in the area from the U.S./Canada Border to the
U.S./Mexico Border.

DATES: The effective dates for the inseason action are set out in this
document under the heading Inseason Actions. Inseason actions remain in
effect until the closing date of the 2011 salmon season announced in
the 2011 annual management measures or until modified by additional
inseason action. Comments will be accepted through November 21, 2011.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2011-0171,
by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov.
To submit comments via the e-Rulemaking Portal, first click the
``submit a comment'' icon, then enter NOAA-NMFS-2011-0171 in the
keyword search. Locate the document you wish to comment on from the
resulting list and click on the ``Submit a Comment'' icon on the right
of that line.
Mail: William W. Stelle, Jr., Regional Administrator,
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
6349.
Fax: (206) 526-6736, Attn: Peggy Mundy.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. 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. All comments received are a part of the public
record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information or otherwise sensitive or protected information. 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, WordPerfect, or Adobe PDF file
formats only.

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

SUPPLEMENTARY INFORMATION:

Background

In the 2011 annual management measures for ocean salmon fisheries
(76 FR 25246, May 4, 2011), 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, 2011, and 2012 salmon seasons
opening earlier than May 1, 2012.
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). Prior to taking inseason action, the Regional
Administrator (RA) consults with the Chairman of the Pacific Fishery
Management Council (Council) and the appropriate State Directors (50
CFR 660.409(b)(1)).
Management of the salmon fisheries is generally divided into two
geographic areas: north of Cape Falcon (U.S./Canada Border to Cape
Falcon, Oregon) and south of Cape Falcon (Cape Falcon, Oregon to the
U.S./Mexico Border).

[[Page 68350]]

Inseason Actions

The table below lists the inseason actions announced in this
document.

------------------------------------------------------------------------
Salmon fishery
Inseason action No. Effective date affected
------------------------------------------------------------------------
5................... May 28, 2011..................... Commercial
fishery from
U.S./Canada
border to U.S./
Mexico border.
6................... June 21, 2011.................... Commercial
fishery from
U.S./Canada
border to Cape
Falcon,
Oregon.
7................... July 15, 2011.................... Commercial
fishery from
U.S./Canada
border to Cape
Falcon,
Oregon.
8................... July 18, 2011.................... Commercial
fishery from
Oregon/
California
border to
Humboldt South
Jetty,
California.
9................... August 1, 2011................... Commercial
fishery from
Oregon/
California
border to
Humboldt South
Jetty,
California.
10.................. August 1, 2011................... Recreational
fishery from
Queets River,
Washington to
Leadbetter
Point,
Washington
(Westport
subarea).
11.................. August 1, 2011................... Recreational
fishery from
U.S./Canada
border to Cape
Alava,
Washington
(Neah Bay
subarea) and
Cape Alava,
Washington to
Queets River,
Washington (La
Push subarea).
12.................. July 29, 2011.................... Commercial
fishery from
U.S./Canada
border to U.S./
Mexico border.
13.................. August 2, 2011................... Commercial
fishery from
Oregon/
California
border to
Humboldt South
Jetty,
California.
14.................. August 7, 2011................... Recreational
fishery from
Queets River,
Washington to
Leadbetter
Point,
Washington
(Westport
subarea) and
from
Leadbetter
Point,
Washington to
Cape Falcon,
Oregon
(Columbia
River
Subarea).
15.................. August 12, 2011.................. Commercial
fishery from
U.S./Canada
border to Cape
Falcon,
Oregon.
16.................. August 14, 2011.................. Recreational
fishery from
Queets River,
Washington to
Leadbetter
Point,
Washington
(Westport
subarea) and
from
Leadbetter
Point,
Washington to
Cape Falcon,
Oregon
(Columbia
River
Subarea).
17.................. August 19, 2011.................. Recreational
fishery from
U.S./Canada
border to Cape
Falcon,
Oregon.
18.................. August 19, 2011.................. Recreational
fishery from
Queets River,
Washington to
Leadbetter
Point,
Washington
(Westport
subarea).
19.................. August 19, 2011.................. Commercial
fishery from
U.S./Canada
border to Cape
Falcon,
Oregon.
20.................. August 29, 2011.................. Recreational
fishery from
U.S./Canada
border to Cape
Falcon,
Oregon.
21.................. August 27, 2011.................. Commercial
fishery from
U.S./Canada
border to Cape
Falcon,
Oregon.
22.................. September 1, 2011................ Recreational
fishery from
Cape Falcon,
Oregon to
Humbug
Mountain,
Oregon.
23.................. September 3, 2011................ Commercial
fishery from
U.S./Canada
border to Cape
Falcon,
Oregon.
24.................. August 31, 2011.................. Recreational
fishery from
U.S./Canada
border to Cape
Alava,
Washington
(Neah Bay
subarea) and
from Cape
Alava to
Queets River,
Washington (La
Push subarea).
25.................. September 5, 2011................ Recreational
fishery from
U.S./Canada
border to Cape
Falcon,
Oregon.
26.................. September 7, 2011................ Recreational
fishery from
Cape Falcon,
Oregon to
Humbug
Mountain,
Oregon.
------------------------------------------------------------------------

Inseason Action 5

The RA consulted with representatives of the Council, International
Pacific Halibut Commission (IPHC), Washington Department of Fish and
Wildlife (WDFW), and Oregon Department of Fish and Wildlife (ODFW) on
May 26, 2011. The information considered during this consultation
related to catch to date for halibut incidentally caught in the
commercial salmon fishery which was approaching the preseason
allocation of halibut recommended by the IPHC (76 FR 14300, March 16,
2011).
Inseason action 5 closed retention of halibut caught
incidentally in the ocean salmon commercial fishery from the U.S./
Canada border to the U.S./Mexico border. This action was taken to
prevent exceeding the preseason allocation. On May 26, 2011, the states
recommended this action and the RA concurred; inseason action
5 took effect on May 28, 2011. This inseason action remained
in effect until superseded by inseason action 12 which took
effect on July 29, 2011. Modification of quota and/or fishing seasons
is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action 6

The RA consulted with representatives of the Council, WDFW, and
ODFW on June 20, 2011. The information considered during this
consultation related to catch of Chinook salmon to date and Chinook
salmon catch rates compared to quotas and other management measures
established preseason for the commercial salmon fishery. The objectives
for the May/June commercial salmon fishery north of Cape Falcon were to
remain within the quota of 20,600 Chinook salmon and to allow the
fishery to remain open through June, if possible, to maximize the value
of the commercial harvest (50 CFR 660.408(c)(1)(ix)(B)). Catch rates to
date suggested that, without taking inseason action to protract the
fishery, the quota would be met prematurely.
Inseason action 6 closed the commercial salmon fishery
from the U.S./Canada Border to Cape Falcon, Oregon at 11:59 p.m., June
21, 2011; and reopened the fishery at 12:01 a.m., June 23, 2011 through
June 30, 2011, with an open period landing limit of 30 Chinook salmon
per vessel. This action was taken to prevent exceeding the quota on
Chinook salmon established preseason and to allow the fishery to meet
the management objective of remaining open through June. On June 20,
2011, the states recommended this action and the RA concurred; inseason
action 6 took effect on June 21, 2011. Modification of quota
and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action 7

The RA consulted with representatives of the Council, WDFW, and
ODFW on July 14, 2011. The information considered during this
consultation related to catch of Chinook and coho salmon to date and
Chinook and coho salmon catch rates compared to quotas and other
management measures established preseason for the commercial salmon
fishery north of Cape Falcon. The objectives for this fishery were to
remain within the 10,300 preseason Chinook salmon guideline and the
12,800 marked coho quota and to extend the season into September, if
possible. The rate of catch to date suggested that, without inseason
action, the Chinook salmon guideline would be harvested well ahead of
the coho quota. This would potentially require closure of the
commercial fishery well in advance of the

[[Page 68351]]

September 15 objective and, therefore, prevent the commercial fishery
from fully accessing the coho quota.
Inseason action 7 adjusted the open period landing limit
from 50 Chinook and 50 coho per vessel to 30 Chinook and 50 coho per
vessel. This action was taken to prevent exceeding the quota on Chinook
salmon established preseason and to allow the fishery to meet the
management objectives of remaining open throughout the summer and allow
access to the coho salmon quota. On July 14, 2011, the states
recommended this action and the RA concurred; inseason action
7 took effect on July 15, 2011. Modification of quota and/or
fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Actions 8 and 9

The RA consulted with representatives of the Council, ODFW, and
California Department of Fish and Game (CDFG) on July 18, 2011 and July
28, 2011. The information considered during these consultations related
to catch of Chinook salmon to date and Chinook salmon catch rates
compared to quotas and other management measures established preseason
for the commercial salmon fishery in the Klamath Management Zone (KMZ).
This fishery had a July quota of 1,400 Chinook salmon. At the time of
the consultation on July 18, 1,462 Chinook were known to have been
harvested in this fishery. The management measures established
preseason did not allow transfer of quota from the August fishery to
the July fishery to accommodate exceeding the July quota. Chinook
harvested in excess of the July quota would have to be accounted for by
modifying the August quota. At the time of the follow-up consultation
on July 28, the estimated harvest in the July fishery was 1,564.
Because harvest exceeded the quota for the July fishery, the Salmon
Technical Team (STT) was asked to calculate the impact neutral \1\
adjustment for the August quota; that adjustment reduced the August
quota established preseason from 1,000 Chinook to 880 Chinook.
---------------------------------------------------------------------------

\1\ Impact neutral: Inseason transfers of quota alter the timing
and location of catch from what was projected preseason; therefore,
a one-to-one transfer is not appropriate and the transfer must be
re-modeled by the STT to determine an impact neutral basis, which is
a catch level that produces the same fishery mortality on the most
constraining stock in the fishery as projected during the preseason
management process.
---------------------------------------------------------------------------

Inseason action 8 closed the commercial salmon fishery
from Oregon/California border to Humboldt South Jetty (California KMZ)
at 11:59 p.m. (midnight), July 18, 2011. This action was taken due to
projected attainment of the quota for this fishery. On July 18, 2011,
the states and the RA consulted on this action. Automatic closure of a
fishery due to projected attainment of quota is authorized by 50 CFR
660.409(a)(1).
Inseason action 9 adjusted the quota for the August
commercial salmon fishery in the California KMZ and modified the season
and landing limit to August 1 through August 5 with a daily landing
limit of 30 Chinook salmon per vessel. This action was taken to meet
the management objectives established preseason, specifically to keep
harvest within the established quotas. On July 28, 2011, the states
recommended this action and the RA concurred; inseason action
9 took effect on August 1, 2011 and remained in effect until
superseded by inseason action 13, which took effect on August
2, 2011. Modification of quota and/or fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).

Inseason Actions 10 and 11

The RA consulted with representatives of the Council, WDFW, and
ODFW on July 28, 2011. The information considered during this
consultation related to catch of Chinook and coho salmon to date and
Chinook salmon catch rates compared to quotas and other management
measures established preseason for the recreational salmon fishery
north of Cape Falcon, Oregon. At the time of the consultation, Chinook
salmon catch rates were projected to result in unutilized quota if no
action was taken to modify the open periods and landing limits.
Inseason action 10 modified the recreational fishery from
Queets River to Leadbetter Point (Westport Subarea) from 5 days per
week (Sunday through Thursday) to 7 days per week, consistent with the
subareas north and south of Westport. Inseason action 11
modified the landing limits in the recreational fishery from U.S./
Canada Border to Cape Alava (Neah Bay Subarea) and from Cape Alava to
Queets River (La Push Subarea) to allow retention of 2 Chinook salmon
per angler per day. These actions were taken to allow the recreational
fishery greater access to available Chinook salmon. On July 28, 2011,
the states recommended these actions and the RA concurred; inseason
actions 10 and 11 took effect on August 1, 2011.
Inseason action 10 remained in effect until superseded by
inseason action 18 which took effect on August 19, 2011.
Inseason action 11 remained in effect until superseded by
inseason action 20 which took effect on August 29, 2011.
Modification of quota and/or fishing seasons is authorized by 50 CFR
660.409(b)(1)(i). Modification of recreational bag limits is authorized
by 50 CFR 660.409(b)(1)(iii).

Inseason Action 12

The RA consulted with representatives of the Council, IPHC, WDFW,
and ODFW on July 28, 2011. The information considered during this
consultation related to catch of halibut and Chinook salmon to date and
Chinook salmon catch rates compared to quotas and other management
measures established preseason. As discussed above, inseason action
5 closed retention of halibut caught incidental to the
commercial salmon fishery, effective May 28, 2011. Updated catch
statistics presented by the states determined that a modest amount of
halibut quota remained unharvested, amounting to somewhat less than
3,000 pounds of halibut (landed, head-on) or approximately 118 to 148
halibut.
Inseason action 12 re-opened incidental halibut retention
in the commercial salmon fishery with a landing limit of 1 halibut per
vessel for each 7 consecutive days, Friday through Thursday. On July
28, 2011, the states recommended this action and the RA concurred;
inseason action 12 took effect on July 29, 2011. Modification
of quota and/or fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).

Inseason Action 13

The RA consulted with representatives of the Council, ODFW, and
CDFG on August 2, 2011. The information considered during this
consultation related to catch of Chinook salmon to date and Chinook
salmon catch rates compared to quotas and other management measures
established preseason for the commercial salmon fishery in the Klamath
Management Zone (KMZ). The quota, landing limit, and duration of this
fishery were modified under inseason action 9 to mitigate the
impact of exceeding the July quota; the modified August quota was 880
Chinook salmon, the modified season was August 1 through August 5 with
a daily landing limit of 30 Chinook salmon per vessel. In the first day
of this fishery, estimated landings totaled 325 Chinook salmon, leaving
only 555 Chinook. The STT was of the opinion that catch rates were not
likely to decrease during this short fishery, and stable or increasing
catch rates would result in exceeding the quota. Additional inseason
action was necessary to avoid exceeding the quota for the August
fishery.
Inseason action 13 closed the commercial salmon fishery
from

[[Page 68352]]

Oregon/California border to Humboldt South Jetty (California KMZ) at
11:59 p.m. (midnight), August 2, 2011. This action was taken due to
projected attainment of the quota for this fishery. On August 2, 2011,
the states and the RA consulted on this action. Automatic closure of a
fishery due to projected attainment of quota is authorized by 50 CFR
660.409(a)(1).

Inseason Action 14

The RA consulted with representatives of the Council, WDFW, and
ODFW on August 3, 2011. The information considered during this
consultation related to catch of Chinook and coho salmon to date and
Chinook salmon catch rates compared to quotas and other management
measures established preseason for the recreational salmon fishery
north of Cape Falcon, Oregon. Due to reduced fishing effort as compared
with last year, Chinook salmon catch was lower than anticipated
preseason.
Inseason action 14 modified the daily bag limit in the
recreational fishery from Queets River to Leadbetter Point (Westport
subarea) and from Leadbetter Point to Cape Falcon (Columbia River
subarea) to allow retention of 2 Chinook salmon per angler per day.
This action was taken to allow recreational fisheries access to
available Chinook salmon. On August 3, 2011, the states recommended
this action and the RA concurred; inseason action 14 took
effect on August 7, 2011 and remained in effect until superseded by
inseason action 16, which took effect on August 14, 2011.
Modification of recreational bag limits is authorized by 50 CFR
660.409(b)(1)(iii).

Inseason Action 15

The RA consulted with representatives of the Council, WDFW, and
ODFW on August 11, 2011. The information considered during this
consultation related to catch of Chinook and coho salmon to date and
Chinook salmon catch rates compared to quotas and other management
measures established preseason for the commercial salmon fishery north
of Cape Falcon, Oregon. The management objectives for the summer
commercial fishery were to fully utilize the allowable catch of Chinook
and coho salmon while not exceeding the quota, and to provide
opportunity for salmon harvest into September. At the time of the
consultation on August 11, increased participation in the fishery had
resulted in increased landings, with the result that 90 percent of the
Chinook guideline had been harvested; therefore, inseason action was
necessary to stay within the Chinook salmon guideline set preseason.
Inseason action 15 suspended the commercial fishery, north
of Cape Falcon, scheduled to be open August 12 through August 16. This
action was taken to avoid exceeding the Chinook salmon guideline while
managers determined exactly how much allowable Chinook salmon catch
remained. On August 11, 2011, the states recommended this action and
the RA concurred; inseason action 15 took effect on August 12,
2011 and remained in effect until superseded by inseason action
19, which was effective on August 19, 2011. Modification of
quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action 16

The RA consulted with representatives of the Council, WDFW, and
ODFW on August 12, 2011. The information considered during this
consultation related to catch of Chinook and coho salmon to date and
Chinook salmon catch rates compared to quotas and other management
measures established preseason for the recreational salmon fishery
north of Cape Falcon, Oregon. Recent upsurge in effort and catch per
unit effort in the Westport subarea resulted in accelerated harvest
that threatened to utilize the available Chinook salmon ahead of the
management objective to allow recreational fishing into September.
Inseason action 16 modified the daily landing limit for
the recreational fishery from Queets River to Leadbetter Point
(Westport subarea) and from Leadbetter Point to Cape Falcon (Columbia
River subarea) to allow retention of two salmon per angler per day,
only one of which could be a Chinook salmon. On August 12, 2011, the
states recommended this action and the RA concurred; inseason action
16 took effect on August 14, 2011. Modification of
recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Actions 17 and 18

The RA consulted with representatives of the Council, WDFW, and
ODFW on August 16, 2011. The information considered during this
consultation related to catch of Chinook and coho salmon to date and
Chinook salmon catch rates compared to quotas and other management
measures established preseason for the recreational salmon fishery
north of Cape Falcon, Oregon. The spring recreational fishery ended
June 25 with a remaining quota of 2,500 mark-selective Chinook salmon
unharvested; the STT calculated that unutilized spring quota would be
equivalent to 1,200 non-mark-selective Chinook salmon in the summer
fishery and should be distributed proportionally among the four
subareas. Even with the additional quota, without further inseason
adjustment, the Westport subarea was at risk of exceeding its allowable
catch of Chinook salmon.
Inseason action 17 rolled-over unutilized Chinook salmon
quota from the spring recreational fishery north of Cape Falcon to the
summer recreational fishery on an impact neutral basis, and distributed
the adjusted quota proportionally among the four subareas as follows:
Columbia River (+310 Chinook), Westport (+700 Chinook), La Push (+60
Chinook), and Neah Bay (+130 Chinook). This action was taken to allow
fishing opportunity on unutilized quota.
Inseason action 18 modified the recreational fishery in
the Westport subarea (Queets River to Leadbetter Point) by limiting
fishing to Sunday through Thursday. This action superseded inseason
action 10, which took effect August 1, 2011. This action was
taken to prevent the Westport subarea from exceeding its allowable
catch of Chinook salmon.
On August 16, 2011, for inseason actions 17 and
18, the states recommended these actions and the RA concurred;
both inseason actions took effect on August 19, 2011. Modification of
quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action 19

The RA consulted with representatives of the Council, WDFW, and
ODFW on August 17, 2011. The information considered during this
consultation related to catch of Chinook and coho salmon to date and
Chinook salmon catch rates compared to quotas and other management
measures established preseason for the commercial salmon fishery north
of Cape Falcon, Oregon. The management objectives for the summer
commercial fishery were to fully utilize the allowable catch of Chinook
and coho salmon while not exceeding the quota, and to provide
opportunity for salmon harvest into September. Inseason action
15 suspended the commercial salmon fishery north of Cape
Falcon on August 12. Consultation on August 17 indicated 1,070 Chinook
salmon remained from the guideline set preseason.
Inseason action 19 provided a one-day opening of the
commercial salmon fishery from the U.S./Canada border to Cape Falcon,
Oregon on Friday, August 19, 2011, with a landing limit of 12 Chinook
and 50 coho per vessel. On

[[Page 68353]]

August 17, 2011, the states recommended this action and the RA
concurred. Modification of quota and/or fishing seasons is authorized
by 50 CFR 660.409(b)(1)(i).

Inseason Action 20

The RA consulted with representatives of the Council, WDFW, and
ODFW on August 23, 2011. The information considered during this
consultation related to catch of Chinook and coho salmon to date and
Chinook salmon catch rates compared to quotas and other management
measures established preseason for the recreational salmon fishery
north of Cape Falcon, Oregon. With limited Chinook salmon remaining to
be caught, the management concern was to keep the fishery open to
access available coho quota.
Inseason action 20 modified the recreation salmon fishery
from the U.S./Canada border to Cape Falcon, Oregon to allow fishing
seven days per week with no retention of Chinook salmon, effective
August 29, 2011. On August 23, 2011, the states recommended this action
and the RA concurred. Modification of quota and/or fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i). Modification of recreational bag
limits is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action 21

The RA consulted with representatives of the Council, WDFW, and
ODFW on August 24, 2011. The information considered during this
consultation related to catch of Chinook and coho salmon to date and
Chinook salmon catch rates compared to quotas and other management
measures established preseason for the commercial salmon fishery north
of Cape Falcon, Oregon. The management objective for this fishery is to
fully access the available coho quota while not exceeding the available
Chinook salmon guideline.
Inseason action 21 provided a three-day opening of the
commercial salmon fishery from the U.S./Canada border to Cape Falcon,
Oregon, from August 27 through August 29, 2011, with a landing limit of
12 Chinook and 75 coho per vessel. On August 24, 2011, the states
recommended this action and the RA concurred. Modification of quota
and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

Inseason Action 22

The RA consulted with representatives of the Council, ODFW, and
CDFG on August 25, 2011. The information considered during this
consultation related to catch of coho salmon to date and coho salmon
catch rates compared to quotas and other management measures
established preseason for the recreational salmon fishery south of Cape
Falcon. The 2011 salmon management measures (76 FR 25246, May 4, 2011)
specified that any remainder of the mark selective coho quota from the
July-August fishery would be transferred on an impact neutral basis to
the September non-selective coho quota. The STT calculated the transfer
would add 2,959 coho to the September quota, resulting in an adjusted
quota of 5,959 coho for September. The management objective for this
fishery is to allow access to all available quota.
Inseason action 22 modified the recreational salmon
fishery from Cape Falcon to Humbug Mountain, Oregon, opening the non-
mark-selective coho fishery September 1 through September 10, 2011 or
until attainment of the adjusted quota of 5,959 coho, all salmon, two
fish per day. On August 25, 2011, the states recommended this action
and the RA concurred. Modification of quota and/or fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i). Modification of recreational bag
limits is authorized by 50 CFR 660.409(b)(1)(iii).

Inseason Action 23

Inseason Actions 24 and 25

The RA consulted with representatives of the Council, WDFW, and
ODFW on August 31, 2011. The information considered during this
consultation related to catch of Chinook and coho salmon to date and
Chinook salmon catch rates compared to quotas and other management
measures established preseason for the recreational salmon fishery
north of Cape Falcon, Oregon. Management objectives are to fully access
available coho quota without exceeding the Chinook guideline and to
keep the recreational fisheries open through the Labor Day holiday (50
CFR 660.408(h)(3)). Taken as a whole, the north of Cape Falcon
recreational fishery had sufficient coho to remain open; one subarea,
La Push, had almost exhausted its coho quota. At the time of the
consultation, it was estimated that 2,721 Chinook remained available
for harvest.
Inseason action 24 transferred unutilized coho quota from
the Neah Bay subarea to the La Push subarea on an impact neutral basis.
The STT calculated that removing 1,000 coho from Neah Bay would achieve
an effective transfer of 850 coho to La Push.
Inseason action 25 superseded inseason action 20
to allow retention of one Chinook salmon per day per angler in the
recreational fishery north of Cape Falcon, effective September 5, 2011.
On August 31, 2011, the states recommended these actions and the RA
concurred. Inseason action 24 took effect immediately.
Inseason action 25 took effect September 5, 2011. Modification
of quota and/or fishing seasons is authorized by 50 CFR
660.409(b)(1)(i). Modification of recreational bag limits is authorized
by 50 CFR 660.409(b)(1)(iii).

Inseason Action 26

The RA consulted with representatives of the Council, ODFW, and
CDFG on September 6, 2011. The information considered during this
consultation related to catch of coho salmon to date and coho salmon
catch rates compared to quotas and other management measures
established preseason for the recreational salmon fishery south of Cape
Falcon. At the time of the consultation, catch data for September 1
through 5 indicated that catch per unit effort was greatly exceeding
expectations and exceeding the quota would likely occur due to the time
needed to notify the public of further inseason action. Inseason action
was necessary to limit the amount by which the quota would be exceeded.

[[Page 68354]]

Inseason action 26 modified the recreational salmon
fishery from Cape Falcon to Humbug Mountain, Oregon. The non-mark-
selective coho fishery was closed at 11:59 p.m. (midnight), September
7, 2011; the all salmon except coho fishery resumed on September 8,
2011. On September 6, 2011, the states recommended this action and the
RA concurred. Modification of quota and/or fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i). Modification of recreational bag
limits is authorized by 50 CFR 660.409(b)(1)(iii).
All other restrictions and regulations remain in effect as
announced for the 2011 Ocean Salmon Fisheries and previous inseason
actions.
The RA determined that the best available information indicated
that the catch and effort data, and projections, supported the above
inseason actions recommended by the states. 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 date 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 (76 FR 25246, May 4, 2011), the West Coast
Salmon Plan, and regulations implementing the West Coast Salmon Plan 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 the fishery catch and effort data were
collected to determine the extent of the fisheries, 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 Fishery Management Plan 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: November 1, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-28663 Filed 11-3-11; 8:45 am]
BILLING CODE 3510-22-P

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