Fisheries Off West Coast States; Modifications of the West Coast Commercial and Tribal Salmon Fisheries; Inseason Actions #10 through #23, 64129-64132 [2014-25629]
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Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations
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FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 140107014–4014–01]
RIN 0648–XD425
Fisheries Off West Coast States;
Modifications of the West Coast
Commercial and Tribal Salmon
Fisheries; Inseason Actions #10
through #23
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of fishing seasons;
request for comments.
AGENCY:
NOAA Fisheries announces
14 inseason actions in the ocean salmon
fisheries. These inseason actions
modified the commercial salmon
fisheries in the area from the U.S./
Canada border to U.S./Mexico border
and the treaty Indian fishery north of
Cape Falcon, Oregon.
DATES: The effective dates for the
inseason actions are set out in this
document under the heading Inseason
Actions. Comments will be accepted
through November 12, 2014.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2014–0005,
by any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140005, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: William W. Stelle, Jr.,
Regional Administrator, West Coast
Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA, 98115–6349.
• Fax: 206–526–6736, Attn: Peggy
Mundy.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
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SUMMARY:
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Background
In the 2014 annual management
measures for ocean salmon fisheries (79
FR 24580, May 1, 2014), NMFS
announced the commercial and
recreational fisheries in the area from
the U.S./Canada border to the U.S./
Mexico border, beginning May 1, 2014,
and 2015 salmon seasons opening
earlier than May 1, 2015. NMFS is
authorized to implement inseason
management actions to modify fishing
seasons and quotas as necessary to
provide fishing opportunity while
meeting management objectives for the
affected species (50 CFR 660.409).
Inseason actions in the salmon fishery
may be taken directly by NMFS (50 CFR
660.409(a)—Fixed inseason
management provisions) or upon
consultation with the Pacific Fishery
Management Council (Council) and the
appropriate State Directors (50 CFR
660.409(b)—Flexible inseason
management provisions). The state
management agencies that participate in
these consultations are: California
Department of Fish and Wildlife
(CDFW), Oregon Department of Fish and
Wildlife (ODFW), and Washington
Department of Fish and Wildlife
(WDFW).
Management of the salmon fisheries is
generally divided into two geographic
areas: North of Cape Falcon (U.S./
Canada border to Cape Falcon, Oregon)
and south of Cape Falcon (Cape Falcon,
Oregon to the U.S./Mexico border). The
inseason actions reported in this
document affect fisheries north and
south of Cape Falcon. Within the south
of Cape Falcon area, the Klamath
Management Zone (KMZ) extends from
Humbug Mountain, Oregon to
Humboldt South Jetty, California and is
divided at the Oregon/California border
into the Oregon KMZ to the north and
California KMZ to the south; five
inseason actions in this notice
specifically affect fisheries in the
Oregon KMZ. All times mentioned refer
to Pacific daylight time.
Inseason Actions
Inseason Action #10
Inseason action #10 modified the
landing and possession limit for
Chinook salmon in the commercial
salmon fishery from U.S./Canada border
to Cape Falcon, Oregon; this superseded
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64129
inseason action #8 (79 FR 34269, June
16, 2014). Effective June 6, 2014, the
landing and possession limit north of
Cape Falcon was adjusted to 30 Chinook
salmon north of Queets River or 40
Chinook salmon south of Queets River,
per vessel, per open period.
The Regional Administrator (RA)
consulted with representatives of the
Council, WDFW, and ODFW on June 5,
2014. The information considered
during this consultation related to
catch-to-date and fishery effort in the
commercial salmon fishery north of
Cape Falcon. Inseason action #8, which
took effect on May 30, 2014, adjusted
the landing and possession limit to 40
Chinook salmon north of Queets River
or 50 Chinook salmon south of Queets
River, per vessel, per open period.
During this consultation, the states
recommended further restricting the
landing and possession limit to 30
Chinook salmon north of Queets River
or 40 Chinook salmon south of Queets
River, per vessel, per open period to
avoid exceeding the May-June quota set
preseason. The RA concurred with the
state’s recommendation. Inseason action
#10 took effect at 12:01 a.m. on June 6,
2014 and remained in effect until 11:59
p.m., June 12, 2014, when it was
superseded by inseason action #11.
Inseason action to modify quotas and/or
fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #11
Inseason action #11 modified the
landing and possession limit for
Chinook salmon in the commercial
salmon fishery from U.S./Canada border
to Cape Falcon, Oregon; this superseded
inseason action #10. Effective June 13,
2014, the landing and possession limit
north of Cape Falcon was adjusted to 20
Chinook salmon, per vessel, per open
period.
The RA consulted with
representatives of the Council, WDFW,
and ODFW on June 12, 2014. The
information considered during this
consultation related to catch-to-date and
fishery effort in the commercial salmon
fishery north of Cape Falcon. Inseason
action #10, which took effect on June 6,
2014, adjusted the landing and
possession limit to 30 Chinook salmon
north of Queets River or 40 Chinook
salmon south of Queets River, per
vessel, per open period. During this
consultation, the states recommended
further restricting the north of Cape
Falcon landing and possession limit to
20 Chinook salmon, per vessel, per open
period to avoid exceeding the May-June
quota set preseason. The RA concurred
with the state’s recommendation.
Inseason action #11 took effect at 12:01
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a.m. on June 13, 2014 and remained in
effect until 11:59 p.m., June 30, 2014,
the end of the May-June season.
Inseason action to modify quotas and/or
fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
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Inseason Action #12
Inseason action #12 closed the June
commercial salmon fishery in the
Oregon KMZ at 11:59 p.m., June 18,
2014.
The RA consulted with
representatives of the Council, CDFW,
and ODFW on June 18, 2014. The
information considered during this
consultation related to catch-to-date and
fishery effort in the commercial salmon
fishery south of Cape Falcon. The states
recommended that the June fishery,
close on June 18, 2014 to avoid
exceeding the available quota for June.
The RA concurred with the states’
recommendation. Inseason action #12
took effect on June 18, 2014, and
remained in effect through June 30,
2014, the end of the June season.
Inseason action to modify quotas and/or
fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #13
Inseason action #13 modified the
landing requirement for the final
opening in the May–June season in the
commercial salmon fishery north of
Cape Falcon. Catch must be landed by
11:59 p.m., June 30, 2014, in order to
not count against the landing limit, and
quota, for the first week of the summer
season, which started 12:01 a.m. July 1,
2014.
The RA consulted with
representatives of the Council, WDFW,
ODFW, and CDFW on June 26, 2014.
The information considered during this
consultation related to catch-to-date and
fishery effort in the spring (May–June)
season, and landing and possession
limits in the spring and summer seasons
in the commercial salmon fishery north
of Cape Falcon. During the consultation,
the states recommended that, contrary
to earlier projections, sufficient quota
remained to allow the fishery to remain
open until the scheduled end of the
spring season on June 30. However,
with no break scheduled between the
end of the spring season on June 30 and
the beginning of the summer season on
July 1, and different landing limits and
quotas applying to the two seasons, a
modification of the landing
requirements was necessary. The
landing requirements in the
management measures set preseason
allow landing within 24 hours of
closure of the fishery. The states
recommended that catch from the spring
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fishery would have to be landed by
11:59 p.m., June 30, 2014, to apply
against the existing landing limit (set
under inseason action #11) and count
against the spring quota. Salmon landed
after that time would be applied to the
landing limit, and quota, for the first
opening of the summer season. The
purpose of this action was to allow the
states to account for catch, enforce
landing and possession limits, and
manage quotas. The RA concurred with
the states’ recommendation. Inseason
action #13 took effect June 30, 2014, and
remained in effect until July 1, 2014.
Inseason action to modify quotas and/or
fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #14
Inseason action #14 adjusted the
quota for July in the commercial salmon
fishery in the Oregon KMZ to account
for unutilized quota from June, which
was rolled over to July on an impactneutral basis. The adjusted July quota
was set at 574 Chinook salmon.
The RA consulted with
representatives of the Council, ODFW,
CDFW, and WDFW on June 26, 2014.
The information considered during this
consultation related to landed catch in
the June commercial salmon fishery in
the Oregon KMZ. During the
consultation, the states reported that
132 Chinook salmon remained from the
June quota. The Salmon Technical Team
(STT) calculated that rolling over this
unutilized quota to July, on an impactneutral basis for impacts to Klamath
River fall Chinook (KRFC) age-4
escapement and Klamath tribal
fisheries, would convert 132 Chinook
salmon from June to 74 Chinook salmon
in July. The states recommended that
the July quota in the Oregon KMZ, set
preseason at 500 Chinook salmon be
adjusted to 574 Chinook salmon. The
purpose of this action was to allow
access to available Chinook salmon
quota while not exceeding impacts set
preseason for KRFC and Klamath tribal
fisheries. The RA concurred with the
states’ recommendation. Inseason action
#14 took effect July 1, 2014, and
remained in effect superseded by
inseason action #18, which took effect
on July 24, 2014. Inseason action to
modify quotas and/or fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #15
Inseason action #15 modified the
commercial salmon fishery from the
Humbug Mountain, Oregon to the
Oregon/California border (Oregon KMZ)
to open at 12:01 a.m., July 1, 2014, as
scheduled, and close at 11:59 p.m., July
2, 2014, with a daily landing and
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possession limit of 15 Chinook per
vessel.
The RA consulted with
representatives of the Council, ODFW,
CDFW, and WDFW on June 26, 2014.
The information considered during this
consultation related to catch-to-date,
fishery effort, and catch projections in
the commercial salmon fishery south of
Cape Falcon. The states recommended
that the July fishery, open for two days,
July 1 and 2, 2014, with a daily landing
and possession limit of 15 Chinook
salmon per vessel. Additional openings
could be scheduled under inseason
actions, if sufficient quota remained.
The purpose of this action was to allow
access to available quota for July
without exceeding it. The RA concurred
with the states’ recommendation.
Inseason action #15 took effect on July
1, 2014, and remained in effect through
July 31, 2014. Inseason action to modify
quotas and/or fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #16
Inseason action #16 adjusted the
summer quota in the treaty Indian
salmon fishery north of Cape Falcon to
account for unutilized quota from MayJune, which was rolled over to the
summer fishery on an impact-neutral
basis. The adjusted summer (July 1
through September 15) quota was set at
33,046 Chinook salmon.
On July 7, 2014, the treaty tribes
reported to NMFS that they had 1,814
Chinook salmon unutilized quota from
the May-June fishery to rollover to the
summer fishery. The STT calculated
that rolling over this unutilized quota to
the summer fishery, on an impactneutral basis for impacts to Skokomish
and mid-Hood Canal Chinook salmon,
would convert to 1,796 Chinook salmon
to add to the summer quota. Inseason
action #16 adopted the adjusted summer
quota of 33,046 Chinook salmon. The
purpose of this action was to allow
access to available Chinook salmon
quota while not exceeding impacts set
preseason for Skokomish and mid-Hood
Canal Chinook. Inseason action #16 took
effect July 8, 2014, and remains in effect
through the end of the 2014 season.
Inseason action to modify quotas and/or
fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #17
Inseason action #17 modified the
landing and possession limit for
Chinook salmon in the summer
commercial salmon fishery from U.S./
Canada border to Cape Falcon, Oregon
that opened July 1, 2014. The landing
and possession limit was reduced from
60 Chinook salmon, set preseason, to 35
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Chinook salmon per vessel per open
period, effective July 11, 2014.
The RA consulted with
representatives of the Council, WDFW,
and ODFW on July 10, 2014. The
information considered during this
consultation related to catch-to-date and
fishery effort in the commercial salmon
fishery north of Cape Falcon; in the first
of 11 scheduled openings, 27 percent of
the summer quota for Chinook salmon
was landed. During the consultation, the
states recommended reducing the
landing and possession limits for
Chinook salmon in the commercial
salmon fishery north of Cape Falcon to
maintain the season as scheduled
without exceeding the quota set
preseason. The RA concurred with the
state’s recommendation. Effective July
11, 2014, inseason action #17 adjusted
the north of Cape Falcon Chinook
salmon landing and possession limit to
35 Chinook salmon per vessel per open
period. Inseason action #17 remained in
effect until superseded by inseason
action #21 on August 1, 2014. Inseason
action to modify quotas and/or fishing
seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #18
Inseason action #18 adjusted the
quotas for July and August in the
commercial salmon fishery in the
Oregon KMZ to account for unutilized
quota from June and July, which was
rolled over to July and August on an
impact-neutral basis. The readjusted
July quota was set at 596 Chinook
salmon (superseding inseason action
#14). The adjusted August quota was set
at 580 Chinook salmon.
The RA consulted with
representatives of the Council, ODFW,
CDFW, and WDFW on July 24, 2014.
The information considered during this
consultation related to landed catch in
the June and July commercial salmon
fisheries in the Oregon KMZ. During the
consultation, the State of Oregon
updated the landings from June and
reported that 171 Chinook salmon
remained from the June quota, rather
than 132 as previously reported (see
inseason action #14, above). The STT
calculated that rolling over this
unutilized quota to July, on an impactneutral basis for impacts to KRFC age4 escapement and Klamath tribal
fisheries, would convert 171 Chinook
salmon from June to 96 Chinook salmon
in July. The states recommended that
the July quota in the Oregon KMZ, set
preseason at 500 Chinook salmon and
adjusted to 574 Chinook salmon under
inseason action #14, be readjusted to
596 Chinook salmon. The State of
Oregon reported that, of the 596
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adjusted July quota, 496 Chinook were
landed in the 2-day July opening, July
1 and 2, 2014 (see inseason action #15);
therefore, quota of 100 Chinook salmon
remained to be rolled over to August.
The STT calculated the rollover, on an
impact-neutral basis as described above,
added 80 Chinook salmon to the August
quota, set preseason at 500 Chinook
salmon. The purpose of this action was
to allow access to available Chinook
salmon quota while not exceeding
impacts set preseason for KRFC and
Klamath tribal fisheries. The RA
concurred with the states’
recommendation. Inseason action #18
took effect July 24, 2014, and remains in
effect until the end of the 2014 season,
or until superseded by further inseason
action. Inseason action to modify quotas
and/or fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Inseason Action #19
Inseason action #19 modified the
commercial salmon fishery in the
Oregon KMZ to open Wednesday and
Thursday, August 6 and 7, 2014, with a
daily landing and possession limit of 15
Chinook per vessel, and to open on
subsequent Wednesdays and Thursdays
in August, with a daily landing and
possession limit of 15 Chinook per
vessel.
The RA consulted with
representatives of the Council, ODFW,
CDFW, and WDFW on July 24, 2014.
The information considered during this
consultation related to available August
quota, anticipated fishery effort, and
catch projections in the commercial
salmon fishery south of Cape Falcon.
The states recommended that the
August fishery open on Wednesdays
and Thursdays with a daily landing and
possession limit of 15 Chinook salmon
per vessel, allowing the state to
calculate remaining quota available
prior to the next opening, and request
an inseason consultation if further
modifications to the August fishery
were necessary. The purpose of this
action was to allow access to available
quota for August without exceeding it.
The RA concurred with the states’
recommendation. Inseason action #19
took effect on August 6, 2014, and
remains in effect through August 29,
2014, unless superseded by inseason
action. Inseason action to modify quotas
and/or fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Inseason Action #20
Inseason action #20 adjusted the
incidental halibut allocation to 33,671
pounds, effective August 1, 2014, due to
4,000 pounds of additional allocation
provided by the International Pacific
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64131
Halibut Commission (IPHC). Inseason
action #20 also modified the landing
and possession limit to allow no more
than one Pacific halibut per each four
Chinook, except one Pacific halibut may
be possessed or landed without meeting
the ratio requirement, and no more than
3 halibut may be possessed or landed
per trip, effective July 20, 2014 (this
superseded the landing and possession
limits set in inseason action #9 (79 FR
34269, June 16, 2014)).
The RA consulted with
representatives of the Council, ODFW,
CDFW, and WDFW on July 24, 2014.
The information considered during this
consultation related to IPHC allocations
under the catch sharing, halibut catchto-date, and effort in the commercial
salmon fishery. Effective August 1,
2014, the IPHC rolled over 4,000 pounds
of unutilized commercial halibut quota
to the commercial salmon incidental
halibut allocation, this resulted in an
adjusted allocation of 33,671 pounds of
Pacific halibut incidental to the
commercial salmon fishery. The states
recommended adjusting the incidental
halibut landing and possession limit to
allow access to this additional
allocation. The RA concurred with the
states’ recommendation. The landing
limits adjusted under inseason action
#20 took effect on July 25, 2014, and
remained in effect until superseded by
inseason action #23 on August 8, 2014.
Inseason action to modify quotas and/or
fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #21
Inseason action #21 modified the
landing and possession limit for
Chinook salmon in the commercial
salmon fishery from U.S./Canada border
to Cape Falcon, Oregon to 50 Chinook
salmon and 50 marked coho per vessel
per open period north of the Queets
River, or 50 Chinook salmon and 80
marked coho per vessel south of the
Queets River, effective August 1, 2014
(this action superseded inseason action
#17).
The RA consulted with
representatives of the Council, WDFW,
and ODFW on July 31, 2014. The
information considered during this
consultation related to catch-to-date and
fishery effort in the commercial salmon
fishery north of Cape Falcon. Adverse
weather conditions and shift of fishing
effort from salmon to tuna resulted in
lower than anticipated landings. During
the consultation, the states
recommended increasing the landing
and possession limits for Chinook and
coho salmon in the commercial salmon
fishery north of Cape Falcon to provide
access to available quota. The RA
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concurred with the states’
recommendation. Inseason action #21
took effect August 1, 2014, and
remained in effect until superseded by
inseason action #22 on August 8, 2014.
Inseason action to modify quotas and/or
fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #22
Inseason action #22 modified the
landing and possession limit for
Chinook salmon in the commercial
salmon fishery from U.S./Canada border
to Cape Falcon, Oregon to 75 Chinook
salmon and 150 marked coho per vessel
per open period, effective August 8,
2014. This action superseded inseason
action #21 and also preempted a
scheduled change in the landing limits
set in the preseason regulations to take
effect on August 22.
The RA consulted with
representatives of the Council, WDFW,
and ODFW on August 7, 2014. The
information considered during this
consultation related to catch-to-date and
fishery effort in the commercial salmon
fishery north of Cape Falcon. Adverse
weather conditions continued to
negatively affect the fishery and not all
vessels participating in the fishery have
been able to catch their landing limits.
During the consultation, the states
recommended increasing the landing
and possession limits for Chinook and
coho salmon in the commercial salmon
fishery north of Cape Falcon to provide
access to available quota while salmon
are still available to the ocean fishery.
The RA concurred with the state’s
recommendation. Inseason action #22
remains in effect until modified by
inseason action, and preempted a
scheduled change in landing limit set
preseason to take effect on August 22,
2014. Inseason action to modify quotas
and/or fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
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Inseason Action #23
Inseason action #23 modified the
landing and possession limit for Pacific
halibut caught incidental to the
commercial salmon fishery by IPHC
license holders to allow no more than
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one Pacific halibut per each four
Chinook, except one Pacific halibut may
be possessed or landed without meeting
the ratio requirement, and no more than
7 halibut may be possessed or landed
per trip (this superseded the landing
and possession limits set in inseason
action #20).
The RA consulted with
representatives of the Council, ODFW,
CDFW, and WDFW on August 7, 2014.
The information considered during this
consultation related to IPHC allocations
under the catch sharing plan, halibut
catch-to-date, and effort in the
commercial salmon fishery. The states
recommended increasing the incidental
halibut landing and possession limit to
allow access to the allocation that was
adjusted on August 1, 2014 (see
inseason action #20). The RA concurred
with the states’ recommendation.
Inseason action #23 took effect on
August 8, 2014, and remains in effect
until the allocation is attained or until
superseded by inseason action. Inseason
action to modify quotas 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
2014 ocean salmon fisheries and 2015
fisheries opening prior to May 1, 2015
(79 FR 24580, May 1, 2014).
The RA determined that the best
available information indicated that
Chinook salmon and Pacific halibut
landings and fishing effort supported
the above inseason actions
recommended by the treaty tribes
(inseason action #16), and the states of
Washington, Oregon, and California.
The states manage the fisheries in state
waters adjacent to the areas of the U.S.
exclusive economic zone in accordance
with these Federal actions. As provided
by the inseason notice procedures of 50
CFR 660.411, actual notice of the
described regulatory actions was given,
prior to the time the action was
effective, by telephone hotline number
206–526–6667 and 800–662–9825, and
by U.S. Coast Guard Notice to Mariners
broadcasts on Channel 16 VHF–FM and
2182 kHz.
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Classification
The Assistant Administrator for
Fisheries, NOAA (AA), finds that good
cause exists for this notification to be
issued without affording prior notice
and opportunity for public comment
under 5 U.S.C. 553(b)(B) because such
notification would be impracticable. As
previously noted, actual notice of the
regulatory actions was provided to
fishers through telephone hotline and
radio notification. These actions comply
with the requirements of the annual
management measures for ocean salmon
fisheries (79 FR 24580, May 1, 2014),
the West Coast Salmon Fishery
Management Plan (Salmon FMP), and
regulations implementing the Salmon
FMP, 50 CFR 660.409 and 660.411. Prior
notice and opportunity for public
comment was impracticable because
NMFS and the state agencies had
insufficient time to provide for prior
notice and the opportunity for public
comment between the time catch and
effort projections were developed and
fisheries impacts were calculated, and
the time the fishery modifications had
to be implemented in order to ensure
that fisheries are managed based on the
best available scientific information,
thus allowing fishers access to the
available fish at the time the fish were
available while ensuring that quotas are
not exceeded. The AA also finds good
cause to waive the 30-day delay in
effectiveness required under 5 U.S.C.
553(d)(3), as a delay in effectiveness of
these actions would allow fishing at
levels inconsistent with the goals of the
Salmon FMP and the current
management measures.
These actions are authorized by 50
CFR 660.409 and 660.411 and are
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 22, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–25629 Filed 10–27–14; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Rules and Regulations]
[Pages 64129-64132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25629]
[[Page 64129]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 140107014-4014-01]
RIN 0648-XD425
Fisheries Off West Coast States; Modifications of the West Coast
Commercial and Tribal Salmon Fisheries; Inseason Actions #10 through
#23
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Modification of fishing seasons; request for comments.
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SUMMARY: NOAA Fisheries announces 14 inseason actions in the ocean
salmon fisheries. These inseason actions modified the commercial salmon
fisheries in the area from the U.S./Canada border to U.S./Mexico border
and the treaty Indian fishery north of Cape Falcon, Oregon.
DATES: The effective dates for the inseason actions are set out in this
document under the heading Inseason Actions. Comments will be accepted
through November 12, 2014.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0005,
by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0005, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: William W. Stelle, Jr., Regional Administrator, West
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA, 98115-6349.
Fax: 206-526-6736, Attn: Peggy Mundy.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.
SUPPLEMENTARY INFORMATION:
Background
In the 2014 annual management measures for ocean salmon fisheries
(79 FR 24580, May 1, 2014), NMFS announced the commercial and
recreational fisheries in the area from the U.S./Canada border to the
U.S./Mexico border, beginning May 1, 2014, and 2015 salmon seasons
opening earlier than May 1, 2015. NMFS is authorized to implement
inseason management actions to modify fishing seasons and quotas as
necessary to provide fishing opportunity while meeting management
objectives for the affected species (50 CFR 660.409). Inseason actions
in the salmon fishery may be taken directly by NMFS (50 CFR
660.409(a)--Fixed inseason management provisions) or upon consultation
with the Pacific Fishery Management Council (Council) and the
appropriate State Directors (50 CFR 660.409(b)--Flexible inseason
management provisions). The state management agencies that participate
in these consultations are: California Department of Fish and Wildlife
(CDFW), Oregon Department of Fish and Wildlife (ODFW), and Washington
Department of Fish and Wildlife (WDFW).
Management of the salmon fisheries is generally divided into two
geographic areas: North of Cape Falcon (U.S./Canada border to Cape
Falcon, Oregon) and south of Cape Falcon (Cape Falcon, Oregon to the
U.S./Mexico border). The inseason actions reported in this document
affect fisheries north and south of Cape Falcon. Within the south of
Cape Falcon area, the Klamath Management Zone (KMZ) extends from Humbug
Mountain, Oregon to Humboldt South Jetty, California and is divided at
the Oregon/California border into the Oregon KMZ to the north and
California KMZ to the south; five inseason actions in this notice
specifically affect fisheries in the Oregon KMZ. All times mentioned
refer to Pacific daylight time.
Inseason Actions
Inseason Action #10
Inseason action #10 modified the landing and possession limit for
Chinook salmon in the commercial salmon fishery from U.S./Canada border
to Cape Falcon, Oregon; this superseded inseason action #8 (79 FR
34269, June 16, 2014). Effective June 6, 2014, the landing and
possession limit north of Cape Falcon was adjusted to 30 Chinook salmon
north of Queets River or 40 Chinook salmon south of Queets River, per
vessel, per open period.
The Regional Administrator (RA) consulted with representatives of
the Council, WDFW, and ODFW on June 5, 2014. The information considered
during this consultation related to catch-to-date and fishery effort in
the commercial salmon fishery north of Cape Falcon. Inseason action #8,
which took effect on May 30, 2014, adjusted the landing and possession
limit to 40 Chinook salmon north of Queets River or 50 Chinook salmon
south of Queets River, per vessel, per open period. During this
consultation, the states recommended further restricting the landing
and possession limit to 30 Chinook salmon north of Queets River or 40
Chinook salmon south of Queets River, per vessel, per open period to
avoid exceeding the May-June quota set preseason. The RA concurred with
the state's recommendation. Inseason action #10 took effect at 12:01
a.m. on June 6, 2014 and remained in effect until 11:59 p.m., June 12,
2014, when it was superseded by inseason action #11. Inseason action to
modify quotas and/or fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #11
Inseason action #11 modified the landing and possession limit for
Chinook salmon in the commercial salmon fishery from U.S./Canada border
to Cape Falcon, Oregon; this superseded inseason action #10. Effective
June 13, 2014, the landing and possession limit north of Cape Falcon
was adjusted to 20 Chinook salmon, per vessel, per open period.
The RA consulted with representatives of the Council, WDFW, and
ODFW on June 12, 2014. The information considered during this
consultation related to catch-to-date and fishery effort in the
commercial salmon fishery north of Cape Falcon. Inseason action #10,
which took effect on June 6, 2014, adjusted the landing and possession
limit to 30 Chinook salmon north of Queets River or 40 Chinook salmon
south of Queets River, per vessel, per open period. During this
consultation, the states recommended further restricting the north of
Cape Falcon landing and possession limit to 20 Chinook salmon, per
vessel, per open period to avoid exceeding the May-June quota set
preseason. The RA concurred with the state's recommendation. Inseason
action #11 took effect at 12:01
[[Page 64130]]
a.m. on June 13, 2014 and remained in effect until 11:59 p.m., June 30,
2014, the end of the May-June season. Inseason action to modify quotas
and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #12
Inseason action #12 closed the June commercial salmon fishery in
the Oregon KMZ at 11:59 p.m., June 18, 2014.
The RA consulted with representatives of the Council, CDFW, and
ODFW on June 18, 2014. The information considered during this
consultation related to catch-to-date and fishery effort in the
commercial salmon fishery south of Cape Falcon. The states recommended
that the June fishery, close on June 18, 2014 to avoid exceeding the
available quota for June. The RA concurred with the states'
recommendation. Inseason action #12 took effect on June 18, 2014, and
remained in effect through June 30, 2014, the end of the June season.
Inseason action to modify quotas and/or fishing seasons is authorized
by 50 CFR 660.409(b)(1)(i).
Inseason Action #13
Inseason action #13 modified the landing requirement for the final
opening in the May-June season in the commercial salmon fishery north
of Cape Falcon. Catch must be landed by 11:59 p.m., June 30, 2014, in
order to not count against the landing limit, and quota, for the first
week of the summer season, which started 12:01 a.m. July 1, 2014.
The RA consulted with representatives of the Council, WDFW, ODFW,
and CDFW on June 26, 2014. The information considered during this
consultation related to catch-to-date and fishery effort in the spring
(May-June) season, and landing and possession limits in the spring and
summer seasons in the commercial salmon fishery north of Cape Falcon.
During the consultation, the states recommended that, contrary to
earlier projections, sufficient quota remained to allow the fishery to
remain open until the scheduled end of the spring season on June 30.
However, with no break scheduled between the end of the spring season
on June 30 and the beginning of the summer season on July 1, and
different landing limits and quotas applying to the two seasons, a
modification of the landing requirements was necessary. The landing
requirements in the management measures set preseason allow landing
within 24 hours of closure of the fishery. The states recommended that
catch from the spring fishery would have to be landed by 11:59 p.m.,
June 30, 2014, to apply against the existing landing limit (set under
inseason action #11) and count against the spring quota. Salmon landed
after that time would be applied to the landing limit, and quota, for
the first opening of the summer season. The purpose of this action was
to allow the states to account for catch, enforce landing and
possession limits, and manage quotas. The RA concurred with the states'
recommendation. Inseason action #13 took effect June 30, 2014, and
remained in effect until July 1, 2014. Inseason action to modify quotas
and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #14
Inseason action #14 adjusted the quota for July in the commercial
salmon fishery in the Oregon KMZ to account for unutilized quota from
June, which was rolled over to July on an impact-neutral basis. The
adjusted July quota was set at 574 Chinook salmon.
The RA consulted with representatives of the Council, ODFW, CDFW,
and WDFW on June 26, 2014. The information considered during this
consultation related to landed catch in the June commercial salmon
fishery in the Oregon KMZ. During the consultation, the states reported
that 132 Chinook salmon remained from the June quota. The Salmon
Technical Team (STT) calculated that rolling over this unutilized quota
to July, on an impact-neutral basis for impacts to Klamath River fall
Chinook (KRFC) age-4 escapement and Klamath tribal fisheries, would
convert 132 Chinook salmon from June to 74 Chinook salmon in July. The
states recommended that the July quota in the Oregon KMZ, set preseason
at 500 Chinook salmon be adjusted to 574 Chinook salmon. The purpose of
this action was to allow access to available Chinook salmon quota while
not exceeding impacts set preseason for KRFC and Klamath tribal
fisheries. The RA concurred with the states' recommendation. Inseason
action #14 took effect July 1, 2014, and remained in effect superseded
by inseason action #18, which took effect on July 24, 2014. Inseason
action to modify quotas and/or fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #15
Inseason action #15 modified the commercial salmon fishery from the
Humbug Mountain, Oregon to the Oregon/California border (Oregon KMZ) to
open at 12:01 a.m., July 1, 2014, as scheduled, and close at 11:59
p.m., July 2, 2014, with a daily landing and possession limit of 15
Chinook per vessel.
The RA consulted with representatives of the Council, ODFW, CDFW,
and WDFW on June 26, 2014. The information considered during this
consultation related to catch-to-date, fishery effort, and catch
projections in the commercial salmon fishery south of Cape Falcon. The
states recommended that the July fishery, open for two days, July 1 and
2, 2014, with a daily landing and possession limit of 15 Chinook salmon
per vessel. Additional openings could be scheduled under inseason
actions, if sufficient quota remained. The purpose of this action was
to allow access to available quota for July without exceeding it. The
RA concurred with the states' recommendation. Inseason action #15 took
effect on July 1, 2014, and remained in effect through July 31, 2014.
Inseason action to modify quotas and/or fishing seasons is authorized
by 50 CFR 660.409(b)(1)(i).
Inseason Action #16
Inseason action #16 adjusted the summer quota in the treaty Indian
salmon fishery north of Cape Falcon to account for unutilized quota
from May-June, which was rolled over to the summer fishery on an
impact-neutral basis. The adjusted summer (July 1 through September 15)
quota was set at 33,046 Chinook salmon.
On July 7, 2014, the treaty tribes reported to NMFS that they had
1,814 Chinook salmon unutilized quota from the May-June fishery to
rollover to the summer fishery. The STT calculated that rolling over
this unutilized quota to the summer fishery, on an impact-neutral basis
for impacts to Skokomish and mid-Hood Canal Chinook salmon, would
convert to 1,796 Chinook salmon to add to the summer quota. Inseason
action #16 adopted the adjusted summer quota of 33,046 Chinook salmon.
The purpose of this action was to allow access to available Chinook
salmon quota while not exceeding impacts set preseason for Skokomish
and mid-Hood Canal Chinook. Inseason action #16 took effect July 8,
2014, and remains in effect through the end of the 2014 season.
Inseason action to modify quotas and/or fishing seasons is authorized
by 50 CFR 660.409(b)(1)(i).
Inseason Action #17
Inseason action #17 modified the landing and possession limit for
Chinook salmon in the summer commercial salmon fishery from U.S./Canada
border to Cape Falcon, Oregon that opened July 1, 2014. The landing and
possession limit was reduced from 60 Chinook salmon, set preseason, to
35
[[Page 64131]]
Chinook salmon per vessel per open period, effective July 11, 2014.
The RA consulted with representatives of the Council, WDFW, and
ODFW on July 10, 2014. The information considered during this
consultation related to catch-to-date and fishery effort in the
commercial salmon fishery north of Cape Falcon; in the first of 11
scheduled openings, 27 percent of the summer quota for Chinook salmon
was landed. During the consultation, the states recommended reducing
the landing and possession limits for Chinook salmon in the commercial
salmon fishery north of Cape Falcon to maintain the season as scheduled
without exceeding the quota set preseason. The RA concurred with the
state's recommendation. Effective July 11, 2014, inseason action #17
adjusted the north of Cape Falcon Chinook salmon landing and possession
limit to 35 Chinook salmon per vessel per open period. Inseason action
#17 remained in effect until superseded by inseason action #21 on
August 1, 2014. Inseason action to modify quotas and/or fishing seasons
is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #18
Inseason action #18 adjusted the quotas for July and August in the
commercial salmon fishery in the Oregon KMZ to account for unutilized
quota from June and July, which was rolled over to July and August on
an impact-neutral basis. The readjusted July quota was set at 596
Chinook salmon (superseding inseason action #14). The adjusted August
quota was set at 580 Chinook salmon.
The RA consulted with representatives of the Council, ODFW, CDFW,
and WDFW on July 24, 2014. The information considered during this
consultation related to landed catch in the June and July commercial
salmon fisheries in the Oregon KMZ. During the consultation, the State
of Oregon updated the landings from June and reported that 171 Chinook
salmon remained from the June quota, rather than 132 as previously
reported (see inseason action #14, above). The STT calculated that
rolling over this unutilized quota to July, on an impact-neutral basis
for impacts to KRFC age-4 escapement and Klamath tribal fisheries,
would convert 171 Chinook salmon from June to 96 Chinook salmon in
July. The states recommended that the July quota in the Oregon KMZ, set
preseason at 500 Chinook salmon and adjusted to 574 Chinook salmon
under inseason action #14, be readjusted to 596 Chinook salmon. The
State of Oregon reported that, of the 596 adjusted July quota, 496
Chinook were landed in the 2-day July opening, July 1 and 2, 2014 (see
inseason action #15); therefore, quota of 100 Chinook salmon remained
to be rolled over to August. The STT calculated the rollover, on an
impact-neutral basis as described above, added 80 Chinook salmon to the
August quota, set preseason at 500 Chinook salmon. The purpose of this
action was to allow access to available Chinook salmon quota while not
exceeding impacts set preseason for KRFC and Klamath tribal fisheries.
The RA concurred with the states' recommendation. Inseason action #18
took effect July 24, 2014, and remains in effect until the end of the
2014 season, or until superseded by further inseason action. Inseason
action to modify quotas and/or fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #19
Inseason action #19 modified the commercial salmon fishery in the
Oregon KMZ to open Wednesday and Thursday, August 6 and 7, 2014, with a
daily landing and possession limit of 15 Chinook per vessel, and to
open on subsequent Wednesdays and Thursdays in August, with a daily
landing and possession limit of 15 Chinook per vessel.
The RA consulted with representatives of the Council, ODFW, CDFW,
and WDFW on July 24, 2014. The information considered during this
consultation related to available August quota, anticipated fishery
effort, and catch projections in the commercial salmon fishery south of
Cape Falcon. The states recommended that the August fishery open on
Wednesdays and Thursdays with a daily landing and possession limit of
15 Chinook salmon per vessel, allowing the state to calculate remaining
quota available prior to the next opening, and request an inseason
consultation if further modifications to the August fishery were
necessary. The purpose of this action was to allow access to available
quota for August without exceeding it. The RA concurred with the
states' recommendation. Inseason action #19 took effect on August 6,
2014, and remains in effect through August 29, 2014, unless superseded
by inseason action. Inseason action to modify quotas and/or fishing
seasons is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #20
Inseason action #20 adjusted the incidental halibut allocation to
33,671 pounds, effective August 1, 2014, due to 4,000 pounds of
additional allocation provided by the International Pacific Halibut
Commission (IPHC). Inseason action #20 also modified the landing and
possession limit to allow no more than one Pacific halibut per each
four Chinook, except one Pacific halibut may be possessed or landed
without meeting the ratio requirement, and no more than 3 halibut may
be possessed or landed per trip, effective July 20, 2014 (this
superseded the landing and possession limits set in inseason action #9
(79 FR 34269, June 16, 2014)).
The RA consulted with representatives of the Council, ODFW, CDFW,
and WDFW on July 24, 2014. The information considered during this
consultation related to IPHC allocations under the catch sharing,
halibut catch-to-date, and effort in the commercial salmon fishery.
Effective August 1, 2014, the IPHC rolled over 4,000 pounds of
unutilized commercial halibut quota to the commercial salmon incidental
halibut allocation, this resulted in an adjusted allocation of 33,671
pounds of Pacific halibut incidental to the commercial salmon fishery.
The states recommended adjusting the incidental halibut landing and
possession limit to allow access to this additional allocation. The RA
concurred with the states' recommendation. The landing limits adjusted
under inseason action #20 took effect on July 25, 2014, and remained in
effect until superseded by inseason action #23 on August 8, 2014.
Inseason action to modify quotas and/or fishing seasons is authorized
by 50 CFR 660.409(b)(1)(i).
Inseason Action #21
Inseason action #21 modified the landing and possession limit for
Chinook salmon in the commercial salmon fishery from U.S./Canada border
to Cape Falcon, Oregon to 50 Chinook salmon and 50 marked coho per
vessel per open period north of the Queets River, or 50 Chinook salmon
and 80 marked coho per vessel south of the Queets River, effective
August 1, 2014 (this action superseded inseason action #17).
The RA consulted with representatives of the Council, WDFW, and
ODFW on July 31, 2014. The information considered during this
consultation related to catch-to-date and fishery effort in the
commercial salmon fishery north of Cape Falcon. Adverse weather
conditions and shift of fishing effort from salmon to tuna resulted in
lower than anticipated landings. During the consultation, the states
recommended increasing the landing and possession limits for Chinook
and coho salmon in the commercial salmon fishery north of Cape Falcon
to provide access to available quota. The RA
[[Page 64132]]
concurred with the states' recommendation. Inseason action #21 took
effect August 1, 2014, and remained in effect until superseded by
inseason action #22 on August 8, 2014. Inseason action to modify quotas
and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #22
Inseason action #22 modified the landing and possession limit for
Chinook salmon in the commercial salmon fishery from U.S./Canada border
to Cape Falcon, Oregon to 75 Chinook salmon and 150 marked coho per
vessel per open period, effective August 8, 2014. This action
superseded inseason action #21 and also preempted a scheduled change in
the landing limits set in the preseason regulations to take effect on
August 22.
The RA consulted with representatives of the Council, WDFW, and
ODFW on August 7, 2014. The information considered during this
consultation related to catch-to-date and fishery effort in the
commercial salmon fishery north of Cape Falcon. Adverse weather
conditions continued to negatively affect the fishery and not all
vessels participating in the fishery have been able to catch their
landing limits. During the consultation, the states recommended
increasing the landing and possession limits for Chinook and coho
salmon in the commercial salmon fishery north of Cape Falcon to provide
access to available quota while salmon are still available to the ocean
fishery. The RA concurred with the state's recommendation. Inseason
action #22 remains in effect until modified by inseason action, and
preempted a scheduled change in landing limit set preseason to take
effect on August 22, 2014. Inseason action to modify quotas and/or
fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #23
Inseason action #23 modified the landing and possession limit for
Pacific halibut caught incidental to the commercial salmon fishery by
IPHC license holders to allow no more than one Pacific halibut per each
four Chinook, except one Pacific halibut may be possessed or landed
without meeting the ratio requirement, and no more than 7 halibut may
be possessed or landed per trip (this superseded the landing and
possession limits set in inseason action #20).
The RA consulted with representatives of the Council, ODFW, CDFW,
and WDFW on August 7, 2014. The information considered during this
consultation related to IPHC allocations under the catch sharing plan,
halibut catch-to-date, and effort in the commercial salmon fishery. The
states recommended increasing the incidental halibut landing and
possession limit to allow access to the allocation that was adjusted on
August 1, 2014 (see inseason action #20). The RA concurred with the
states' recommendation. Inseason action #23 took effect on August 8,
2014, and remains in effect until the allocation is attained or until
superseded by inseason action. Inseason action to modify quotas 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 2014 ocean salmon fisheries and 2015 fisheries
opening prior to May 1, 2015 (79 FR 24580, May 1, 2014).
The RA determined that the best available information indicated
that Chinook salmon and Pacific halibut landings and fishing effort
supported the above inseason actions recommended by the treaty tribes
(inseason action #16), and the states of Washington, Oregon, and
California. The states manage the fisheries in state waters adjacent to
the areas of the U.S. exclusive economic zone in accordance with these
Federal actions. As provided by the inseason notice procedures of 50
CFR 660.411, actual notice of the described regulatory actions was
given, prior to the time the action was effective, by telephone hotline
number 206-526-6667 and 800-662-9825, and by U.S. Coast Guard Notice to
Mariners broadcasts on Channel 16 VHF-FM and 2182 kHz.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), finds that
good cause exists for this notification to be issued without affording
prior notice and opportunity for public comment under 5 U.S.C.
553(b)(B) because such notification would be impracticable. As
previously noted, actual notice of the regulatory actions was provided
to fishers through telephone hotline and radio notification. These
actions comply with the requirements of the annual management measures
for ocean salmon fisheries (79 FR 24580, May 1, 2014), the West Coast
Salmon Fishery Management Plan (Salmon FMP), and regulations
implementing the Salmon FMP, 50 CFR 660.409 and 660.411. Prior notice
and opportunity for public comment was impracticable because NMFS and
the state agencies had insufficient time to provide for prior notice
and the opportunity for public comment between the time catch and
effort projections were developed and fisheries impacts were
calculated, and the time the fishery modifications had to be
implemented in order to ensure that fisheries are managed based on the
best available scientific information, thus allowing fishers access to
the available fish at the time the fish were available while ensuring
that quotas are not exceeded. The AA also finds good cause to waive the
30-day delay in effectiveness required under 5 U.S.C. 553(d)(3), as a
delay in effectiveness of these actions would allow fishing at levels
inconsistent with the goals of the Salmon FMP and the current
management measures.
These actions are authorized by 50 CFR 660.409 and 660.411 and are
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 22, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-25629 Filed 10-27-14; 8:45 am]
BILLING CODE 3510-22-P