Fisheries Off West Coast States; Modifications of the West Coast Commercial and Tribal Salmon Fisheries; Inseason Actions #10 through #23, 64129-64132 [2014-25629]

Download as PDF Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations 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: 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 asabaliauskas on DSK5VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:44 Oct 27, 2014 Jkt 235001 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 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 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 E:\FR\FM\28OCR1.SGM 28OCR1 64130 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations 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). asabaliauskas on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 16:44 Oct 27, 2014 Jkt 235001 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 PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 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 E:\FR\FM\28OCR1.SGM 28OCR1 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations asabaliauskas on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 16:44 Oct 27, 2014 Jkt 235001 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 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 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 E:\FR\FM\28OCR1.SGM 28OCR1 64132 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations 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). asabaliauskas on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 16:44 Oct 27, 2014 Jkt 235001 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. PO 00000 Frm 00076 Fmt 4700 Sfmt 9990 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 E:\FR\FM\28OCR1.SGM 28OCR1

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