Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Actions #3, #4, #5, and #6, 36725-36726 [2015-15738]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36725-36726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15738]



[[Page 36725]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150316270-5270-01]
RIN 0648-XD976


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial Salmon Fisheries; Inseason Actions #3, #4, #5, and #6

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: NMFS announces four 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 Cape Falcon, OR.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions. Comments will be accepted 
through July 13, 2015.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0001, 
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-2015-0001, 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
    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).

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

SUPPLEMENTARY INFORMATION: 

Background

    In the 2015 annual management measures for ocean salmon fisheries 
(80 FR 25611, May 5, 2015), 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, 2015, and 2016 salmon seasons 
opening earlier than May 1, 2016. NMFS is authorized to implement 
inseason management actions to modify fishing seasons and quotas as 
necessary to provide fishing opportunity while meeting management 
objectives for the affected species (50 CFR 660.409). Inseason actions 
in the salmon fishery may be taken directly by NMFS (50 CFR 
660.409(a)--Fixed inseason management provisions) or upon consultation 
with the Pacific Fishery Management Council (Council) and the 
appropriate State Directors (50 CFR 660.409(b)--Flexible inseason 
management provisions). The state management agencies that participated 
in the consultations described in this document were: Oregon Department 
of Fish and Wildlife (ODFW) and Washington Department of Fish and 
Wildlife (WDFW).
    Management of the salmon fisheries is generally divided into two 
geographic areas: north of Cape Falcon (U.S./Canada border to Cape 
Falcon, OR) and south of Cape Falcon (Cape Falcon, OR, to the U.S./
Mexico border). The inseason actions reported in this document affect 
commercial salmon fisheries north of Cape Falcon. All times mentioned 
refer to Pacific daylight time.

Inseason Actions

Inseason Action #3

    Description of action: Inseason action #3 closed the commercial 
salmon fishery from U.S./Canada border to Queets River, WA, at 11:59 
a.m., noon, May 16, 2015.
    Effective dates: Inseason action #3 took effect on May 16, 2015, 
and remained in effect until superseded by inseason action #4 on May 
22, 2015.
    Reason and authorization for the action: The annual management 
measures (80 FR 25611) established a May/June quota in the commercial 
salmon fishery between the U.S./Canada border and the Queets River of 
9,000 Chinook salmon. The annual management measures also provided 
guidance that inseason action should be taken to modify the open period 
and landing limits when 6,750 Chinook salmon had been landed in this 
area. After consideration of Chinook salmon landings to date and 
fishery effort, the Regional Administrator (RA) determined that the 
fishery had likely attained the 6,750 Chinook salmon benchmark, and 
that this fishery would close on May 16, 2015. This closure allowed the 
state managers to account for catch that had not yet been landed at the 
time of the consultation. This action was taken to prevent exceeding 
the Chinook salmon quota set preseason. Inseason action to modify 
quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#3 occurred on May 15, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #4

    Description of action: Inseason action #4 reopened the commercial 
salmon fishery from U.S./Canada border to Cape Alava, WA, at 12:01 
a.m., May 22, 2015 with 5-day openings, Friday through Tuesday, and a 
landing limit of 15 Chinook salmon per vessel per open period. The Cape 
Flattery control zone remains closed. All fishers intending to fish 
north of Cape Alava (Washington state marine Area 4) must declare that 
intention before fishing by first notifying WDFW at 360-902-2739 with 
boat name and approximate time they intend to fish in Area 4 and 
destination at the end of the trip. All fish from Area 4 must be landed 
before fishing any other area. No fish from other areas may be in 
possession with fish from Area 4.
    Effective dates: Inseason action #4 took effect on May 22, 2015, 
and remained in effect until superseded by inseason action #5 on May 
29, 2015.
    Reason and authorization for the action: Following the closure 
implemented by inseason action #3, the states estimated that 1,617 
Chinook salmon remained of the 9,000 Chinook salmon subarea quota. 
Inseason action was taken to allow access to the remaining quota 
without exceeding the quota that was set preseason. Inseason action to 
modify quotas and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#4 occurred on May 20, 2015. Participants in this consultation were 
staff from NMFS, WDFW, and ODFW. Council staff did not participate in 
the consultation, but were immediately advised of the decision.

Inseason Action #5

    Description of action: Inseason action #5 modified the landing 
limit in the commercial salmon fishery from U.S./Canada border to Cape 
Alava, WA, from 15 Chinook salmon per vessel per open

[[Page 36726]]

period to 20 Chinook salmon per vessel per open period.
    Effective dates: Inseason action #5 took effect on May 29, 2015, 
and remains in effect until superseded by inseason action or the end of 
the May/June fishing season, June 30, 2015.
    Reason and authorization for the action: The RA considered Chinook 
salmon landings to date and fishery effort and determined that 
increasing the landing limit would allow fishers access to remaining 
quota without risk of exceeding the quota set preseason.
    Consultation date and participants: Consultation on inseason action 
#5 occurred on May 28, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #6

    Description of action: Inseason action #6 closed the commercial 
salmon fishery from Leadbetter Point, WA, to Cape Falcon, OR, at 11:59 
p.m. (midnight), May 29, 2015.
    Effective dates: Inseason action #6 took effect on May 29, 2015, 
and remains in effect until superseded by inseason action or the end of 
the May/June fishing season, June 30, 2015.
    Reason and authorization for the action: The annual management 
measures (80 FR 25611) established a May/June quota in the commercial 
salmon fishery between Leadbetter Point, WA, and Cape Falcon, OR, of 
15,000 Chinook salmon. The annual management measures also provided 
guidance that inseason action should be taken to modify the open period 
and landing limits when 11,250 Chinook salmon had been landed in this 
area. After consideration of Chinook salmon landings to date and 
fishery effort, the Regional Administrator (RA) determined that the 
fishery was close to attaining the 11,250 Chinook salmon benchmark, and 
that this area would close on May 29, 2015. This closure allowed the 
state managers to account for catch that had not yet been landed at the 
time of the consultation. This action was taken to prevent exceeding 
the Chinook salmon quota set preseason. Inseason action to modify 
quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#6 occurred on May 28, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.
    All other restrictions and regulations remain in effect as 
announced for the 2015 ocean salmon fisheries and 2016 fisheries 
opening prior to May 1, 2016 (80 FR 25611, May 5, 2015).
    The RA determined that the best available information indicated 
that Chinook salmon catch to date and fishery effort supported the 
above inseason actions recommended by the states of Washington and 
Oregon. The states manage the fisheries in state waters adjacent to the 
areas of the U.S. exclusive economic zone in accordance with these 
Federal actions. As provided by the inseason notice procedures of 50 
CFR 660.411, actual notice of the described regulatory actions was 
given, prior to the time the action was effective, by telephone hotline 
numbers 206-526-6667 and 800-662-9825, and by U.S. Coast Guard Notice 
to Mariners broadcasts on Channel 16 VHF-FM and 2182 kHz.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds that 
good cause exists for this notification to be issued without affording 
prior notice and opportunity for public comment under 5 U.S.C. 
553(b)(B) because such notification would be impracticable. As 
previously noted, actual notice of the regulatory actions was provided 
to fishers through telephone hotline and radio notification. These 
actions comply with the requirements of the annual management measures 
for ocean salmon fisheries (80 FR 25611, May 5, 2015), 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 Chinook salmon 
catch and effort assessments and projections were developed and 
fisheries impacts were calculated, and the time the fishery 
modifications had to be implemented in order to ensure that fisheries 
are managed based on the best available scientific information, 
ensuring that conservation objectives and ESA consultation standards 
are not exceeded. The AA also finds good cause to waive the 30-day 
delay in effectiveness required under 5 U.S.C. 553(d)(3), as a delay in 
effectiveness of these actions would allow fishing at levels 
inconsistent with the goals of the 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: June 23, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-15738 Filed 6-25-15; 8:45 am]
 BILLING CODE 3510-22-P