Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #1, #2, and #3, 22682-22683 [2012-9249]

Download as PDF 22682 Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations [FR Doc. 2012–9248 Filed 4–16–12; 8:45 am] BILLING CODE 3510–22–C DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 100223162–1268–01] RIN 0648–XB120 Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #1, #2, and #3 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 3 inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial and recreational fisheries in the area from Cape Falcon, Oregon to Point Arena, California. SUMMARY: The effective dates for the inseason action are set out in this document under the heading Inseason Actions. Inseason actions remain in effect until modified by additional inseason action or superseded by the 2012 annual management measures on May 1, 2012. Comments will be accepted through May 2, 2012. 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 http:// 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 wreier-aviles on DSK5TPTVN1PROD with RULES DATES: VerDate Mar<15>2010 14:20 Apr 16, 2012 Jkt 226001 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 http://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). The inseason actions in this document all apply south of Cape Falcon. Inseason Actions Inseason Action #1 The RA consulted with representatives of the Council, California Department of Fish and Game (CDFG), and Oregon Department of Fish and Wildlife (ODFW) on March 5, 2012. The information considered during this consultation related to projected abundance of Chinook salmon stocks for the 2012 salmon fishing season. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Inseason action #1 changed the minimum size limit for Chinook salmon caught in the recreational salmon fishery from Horse Mountain, California to Point Arena, California beginning April 7, 2012. The minimum size limit for this fishery will be 20 inches total length, which is reduced from 24 inches as previously announced. This action was taken to allow access to abundant 3-year old Sacramento River fall Chinook salmon. On March 5, 2012, the states recommended this action and the RA concurred; inseason action #1 took effect on April 7, 2012. This inseason action remains in effect until superseded by inseason action or implementation of 2012 annual management measures which will be effective on May 1, 2012. This inseason action is authorized by 50 CFR 660.409(b)(1). Inseason Actions #2 and #3 The RA consulted with representatives of the Council, ODFW, and CDFG on March 6, 2012. The information considered during this consultation related to projected abundance of Chinook salmon stocks for the 2012 salmon fishing season. Inseason action #2 adjusted the scheduled opening date for the commercial salmon fishery from Cape Falcon, Oregon to Humbug Mountain, Oregon. Inseason action #3 adjusted the scheduled opening date for the commercial salmon fishery from Humbug Mountain, Oregon to the Oregon/California Border. These fisheries will open on April 1, 2012 rather than March 15, 2012 as previously scheduled in the 2011 annual management measures. This action was taken as part of developing 2012 annual management measures to provide fisheries consistent with annual catch limits and conservation objectives, while meeting consultation standards on ESA-listed stocks. Fishery models suggested that this delay in opening would provide the best opportunity for optimal harvest without exceeding the guidelines of the FMP. On March 6, 2012, the states recommended this action and the RA concurred; inseason action #2 took effect on March 15, 2012. Modification of quota and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). All other restrictions and regulations remain in effect as announced for the 2011 Ocean Salmon Fisheries and 2012 fisheries opening prior to May 1, 2012 (76 FR 25246, May 4, 2011). The RA determined that the best available information indicated that the stock abundance, and catch and effort projections supported the above E:\FR\FM\17APR1.SGM 17APR1 Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 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 wreier-aviles on DSK5TPTVN1PROD with RULES 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 VerDate Mar<15>2010 14:20 Apr 16, 2012 Jkt 226001 exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 12, 2012. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–9249 Filed 4–16–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 111207737–2232–03] RIN 0648–XA711 Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Final 2012 and 2013 Harvest Specifications for Groundfish; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; closures; correction. AGENCY: The National Marine Fisheries Service (NMFS) is correcting a final rule that published on March 14, 2012, implementing the final 2012 and 2013 harvest specifications and prohibited species catch allowances for the groundfish fishery of the Gulf of Alaska (GOA). This rule corrects errors contained in a table in the document that provides the 2012 GOA nonAmerican Fisheries Act crab vessel groundfish harvest sideboard limits. DATES: Effective April 17, 2012 through 2400 hrs, A.l.t., December 31, 2013, and is applicable beginning March 14, 2012. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: SUMMARY: Need for Correction NMFS published the Final 2012 and 2013 GOA Harvest Specifications in the Federal Register on March 14, 2012 (77 FR 15194). A table providing information on 2012 GOA nonAmerican Fisheries Act (AFA) crab PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 22683 vessel groundfish harvest sideboard limits (Table 22) contained two minor errors. In Table 22 on page 15216, a Federal Register error omitted the final 2012 non-AFA crab vessel A season sideboard limit for catcher/processors using hook-and-line gear in the Western GOA. The correct limit is 23 metric tons. In addition, NMFS inadvertently listed ‘‘0.0001’’ as the ratio used to calculate the non-AFA crab vessel sideboard limit for catcher/processors using hook-and-line gear in the Western GOA during the B season instead of the correct ratio of ‘‘0.0018.’’ These corrections are necessary to provide the correct sideboard limits. The Acting Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This notice corrects typographical errors to the table providing the 2012 GOA nonAFA crab vessel groundfish harvest sideboard limits, and does not change operating practices in the fisheries. The corrections described in this rule are being implemented as soon as possible to avoid confusion for participants in the fisheries. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). The corrections described in this rule are being made effective upon publication to avoid confusion for participants in the fisheries. Correction In the final rule published on March 14, 2012 (77 FR 15194), the following corrections are made to Table 22: 1. On page 15216, in Table 22, row 17 (the row beginning ‘‘W Hook-and-line C/P’’), column six, the blank entry ‘‘’’ is corrected to read ‘‘23.’’ 2. On the same page, in row 29 (the row beginning ‘‘W Hook-and-line C/P), column four, the entry ‘‘0.0001’’ is corrected to read ‘‘0.0018.’’ Table 22 is corrected and reprinted in its entirety below. E:\FR\FM\17APR1.SGM 17APR1

Agencies

[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Rules and Regulations]
[Pages 22682-22683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9249]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100223162-1268-01]
RIN 0648-XB120


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions 
1, 2, and 3

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 3 inseason actions in the ocean 
salmon fisheries. These inseason actions modified the commercial and 
recreational fisheries in the area from Cape Falcon, Oregon to Point 
Arena, California.

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 modified by additional inseason action or superseded by 
the 2012 annual management measures on May 1, 2012. Comments will be 
accepted through May 2, 2012.

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 http://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 http://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). The inseason actions in this document all apply 
south of Cape Falcon.

Inseason Actions

Inseason Action 1

    The RA consulted with representatives of the Council, California 
Department of Fish and Game (CDFG), and Oregon Department of Fish and 
Wildlife (ODFW) on March 5, 2012. The information considered during 
this consultation related to projected abundance of Chinook salmon 
stocks for the 2012 salmon fishing season.
    Inseason action 1 changed the minimum size limit for 
Chinook salmon caught in the recreational salmon fishery from Horse 
Mountain, California to Point Arena, California beginning April 7, 
2012. The minimum size limit for this fishery will be 20 inches total 
length, which is reduced from 24 inches as previously announced. This 
action was taken to allow access to abundant 3-year old Sacramento 
River fall Chinook salmon. On March 5, 2012, the states recommended 
this action and the RA concurred; inseason action 1 took 
effect on April 7, 2012. This inseason action remains in effect until 
superseded by inseason action or implementation of 2012 annual 
management measures which will be effective on May 1, 2012. This 
inseason action is authorized by 50 CFR 660.409(b)(1).

Inseason Actions 2 and 3

    The RA consulted with representatives of the Council, ODFW, and 
CDFG on March 6, 2012. The information considered during this 
consultation related to projected abundance of Chinook salmon stocks 
for the 2012 salmon fishing season.
    Inseason action 2 adjusted the scheduled opening date for 
the commercial salmon fishery from Cape Falcon, Oregon to Humbug 
Mountain, Oregon. Inseason action 3 adjusted the scheduled 
opening date for the commercial salmon fishery from Humbug Mountain, 
Oregon to the Oregon/California Border. These fisheries will open on 
April 1, 2012 rather than March 15, 2012 as previously scheduled in the 
2011 annual management measures. This action was taken as part of 
developing 2012 annual management measures to provide fisheries 
consistent with annual catch limits and conservation objectives, while 
meeting consultation standards on ESA-listed stocks. Fishery models 
suggested that this delay in opening would provide the best opportunity 
for optimal harvest without exceeding the guidelines of the FMP. On 
March 6, 2012, the states recommended this action and the RA concurred; 
inseason action 2 took effect on March 15, 2012. Modification 
of quota and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    All other restrictions and regulations remain in effect as 
announced for the 2011 Ocean Salmon Fisheries and 2012 fisheries 
opening prior to May 1, 2012 (76 FR 25246, May 4, 2011).
    The RA determined that the best available information indicated 
that the stock abundance, and catch and effort projections supported 
the above

[[Page 22683]]

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: April 12, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-9249 Filed 4-16-12; 8:45 am]
BILLING CODE 3510-22-P