Fisheries Off West Coast States; Modifications of the West Coast Recreational and Commercial Salmon Fisheries; Inseason Actions #1 Through #5, 23737-23739 [2019-10808]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Rules and Regulations
text, add a heading for paragraph (e),
and revise the last sentence of paragraph
(e) to read as follows:
§ 238.230 Safety appliances—new
equipment.
*
*
*
*
*
(c) * * * When appropriate, civil
penalties for improperly using or
hauling a piece of equipment with a
defective welded safety appliance or
safety appliance bracket or support
addressed in this section will be
assessed pursuant to the penalty
schedule on FRA’s website at
www.fra.dot.gov under the appropriate
defect code contained therein.
*
*
*
*
*
(e) Civil penalties. * * * Civil
penalties will be assessed under part
231 of this chapter by using the
applicable defect code contained on
FRA’s website at www.fra.dot.gov.
Appendix A to Part 238—[Removed
and Reserved]
85. Remove and reserve appendix A to
part 238.
■
PART 239—[AMENDED]
86. The authority citation for part 239
continues to read as follows:
■
Authority: 49 U.S.C. 20102–20103, 20105–
20114, 20133, 21301, 21304, and 21311; 28
U.S.C. 2461, note; and 49 CFR 1.89.
87. Revise the last sentence of
§ 239.11 to read as follows:
■
§ 239.11
Penalties.
* * * FRA’s website at
www.fra.dot.gov contains a schedule of
civil penalty amounts used in
connection with this part.
Appendix A to Part 239—[Removed]
■
88. Remove appendix A to part 239.
PART 240—[AMENDED]
89. The authority citation for part 240
continues to read as follows:
■
khammond on DSKBBV9HB2PROD with RULES
Authority: 49 U.S.C. 20103, 20107, 20135,
21301, 21304, 21311; 28 U.S.C. 2461, note;
and 49 CFR 1.89.
PART 241—[AMENDED]
92. The authority citation for part 241
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107, 21301,
21304, 21311; 28 U.S.C. 2461, note; 49 CFR
1.89.
Appendix B to Part 241—[Removed and
Reserved]
■ 93. Remove and reserve appendix B to
part 241.
PART 242—[AMENDED]
94. The authority citation for part 242
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107, 20135,
20138, 20162, 20163, 21301, 21304, 21311;
28 U.S.C. 2461, note; and 49 CFR 1.89.
Authority: 49 U.S.C. 20103, 20107, 20109,
note; 28 U.S.C. 2461, note; 49 CFR 1.89; and
sec. 410, Div. A, Pub. L. 110–432, 122 Stat.
4888.
§ 242.11 Penalties and consequences for
noncompliance.
Issued in Washington, DC.
Ronald L. Batory,
Administrator.
(a) * * * See FRA’s website at
www.fra.dot.gov for a statement of
agency civil penalty policy.
*
*
*
*
*
Appendix A to Part 242—[Removed
and Reserved]
■ 96. Remove and reserve appendix A to
part 242.
PART 243—[AMENDED]
[FR Doc. 2019–09979 Filed 5–22–19; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
97. The authority citation for part 243
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107, 20131–
20155, 20162, 20301–20306, 20701–20702,
21301–21304, 21311; 28 U.S.C. 2461, note;
and 49 CFR 1.89.
[Docket No. 170831849–8404–01]
RIN 0648–XG904
■
Fisheries Off West Coast States;
Modifications of the West Coast
Recreational and Commercial Salmon
Fisheries; Inseason Actions #1
Through #5
§ 243.7 Penalties and consequences for
noncompliance.
AGENCY:
98. Revise the last sentence of
§ 243.7(a) to read as follows:
(a) * * * See FRA’s website at
www.fra.dot.gov for a statement of
agency civil penalty policy.
*
*
*
*
*
Appendix to Part 243—[Removed]
■ 99. Remove the appendix to part 243.
PART 270—[AMENDED]
Authority: 49 U.S.C. 20103, 20106–20107,
20118–20119, 20156, 21301, 21304, 21311;
28 U.S.C. 2461, note; and 49 CFR 1.89.
100. The authority citation for part
270 continues to read as follows:
101. The stay of 49 CFR part 270 is
lifted.
■ 102. Revise the last sentence of
§ 270.7(a) to read as follows:
■
Appendix A to Part 240—[Removed
and Reserved]
§ 270.7 Penalties and responsibility for
compliance.
91. Remove and reserve appendix A to
part 240.
(a) * * * FRA’s website at
www.fra.dot.gov contains a schedule of
Jkt 247001
105. The authority citation for part
272 continues to read as follows:
Appendix A to Part 272—[Removed]
■ 106. Remove appendix A to part 272.
§ 240.11 Penalties and consequences for
noncompliance.
16:07 May 22, 2019
PART 272—[AMENDED]
95. Revise the last sentence of
§ 242.11(a) to read as follows:
■
VerDate Sep<11>2014
Appendix A to Part 270—[Removed
and Reserved]
■ 103. Remove and reserve appendix A
to part 270.
■ 104. Title 49 CFR part 270 is stayed
until September 4, 2019.
■
90. Revise the last sentence of
§ 240.11(a) to read as follows:
■
civil penalty amounts used in
connection with this part.
*
*
*
*
*
■
■
(a) * * * See FRA’s website at
www.fra.dot.gov for a statement of
agency civil penalty policy.
*
*
*
*
*
23737
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of fishing seasons.
NMFS announces five
inseason actions in the ocean salmon
fisheries. These inseason actions
modified the commercial and
recreational salmon fisheries in the area
from Cape Falcon, OR, to Pigeon Point,
CA.
DATES: The effective dates for the
inseason actions are set out in this
document under the heading Inseason
Actions.
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In the 2018 annual management
measures for ocean salmon fisheries (83
E:\FR\FM\23MYR1.SGM
23MYR1
23738
Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Rules and Regulations
FR 19005, May 1, 2018), NMFS
announced management measures for
the commercial and recreational
fisheries in the area from Cape Falcon,
OR, to the U.S./Mexico border, effective
from 0001 hours Pacific Daylight Time
(PDT), May 1, 2018, until the effective
date of the 2019 management measures,
as published in the Federal Register (84
FR 19729, May 6, 2019). 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: California Department
of Fish and Wildlife (CDFW) and
Oregon Department of Fish and Wildlife
(ODFW).
The annual salmon management cycle
begins May 1 and continues through
April 30 of the following year. As
described in the final rule for 2019
ocean salmon management measures (84
FR 19729, May 6, 2019), the April
Council meeting in 2019 occurred too
late to allow enough time for NMFS to
review, approve, and implement the
Council’s recommended management
measures by May 1. Therefore, the rule
implementing the salmon fishery
management measures in 2018 (84 FR
19005, May 1, 2018) remained in effect
from May 1, 2018, until the effective
date of this 2019 rule, May 6, 2019.
Fisheries scheduled to begin before May
6, 2019, were conducted under the 2018
management measures for the May 1 to
May 6 time period. All five inseason
actions in this document apply to
management measures implemented
through the 2018 rule (83 FR 19005,
May 1, 2018).
Inseason Actions
khammond on DSKBBV9HB2PROD with RULES
Inseason Action #1
Description of the action: Inseason
action #1 postponed the starting date for
commercial salmon fisheries in the area
from Cape Falcon, OR, to Humbug
Mountain, OR, and in the area from
Humbug Mountain, OR, to the Oregon/
California border, previously scheduled
to open on March 15, 2019, to April 20,
2019.
VerDate Sep<11>2014
16:07 May 22, 2019
Jkt 247001
Effective dates: Inseason action #1
took effect on March 15, 2019, and
remained in effect until May 6, 2019.
Reason and authorization for the
action: The purpose of inseason action
#1 was to limit fishery impacts on age4 Klamath River fall-run Chinook
salmon (KRFC) in order to meet
Endangered Species Act (ESA)
requirements for threatened California
Coastal Chinook salmon (CCC). NMFS’
ESA biological opinion on Councilmanaged salmon fisheries limits fishery
impacts to no more than 16 percent
ocean harvest rate on age-4 KRFC as a
surrogate for CCC. The NMFS West
Coast Regional Administrator (RA)
considered Chinook salmon forecasts
and anticipated fishery impacts for 2019
and determined that this inseason
action was necessary to meet
management and conservation
objectives. Inseason modification of
fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #1
occurred on March 11, 2019.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
Inseason Action #2
Description of the action: Inseason
action #2 cancelled the commercial
salmon fishery from Horse Mountain,
CA, to Point Arena, CA, that was
previously scheduled to open April 16
through 30, 2019.
Effective dates: Inseason action #2
took effect April 16, 2019, and remained
in effect until May 6, 2019.
Reason and authorization for the
action: The purpose of inseason action
#2 was to limit fishery impacts on age4 KRFC, as described above in inseason
action #1. The RA considered Chinook
salmon forecasts and anticipated fishery
impacts for 2019 and determined that
this inseason action was necessary to
meet management and conservation
objectives. Inseason modification of
fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #2
occurred on March 11, 2019.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
Inseason Action #3
Description of the action: Inseason
action #3 postponed the starting date for
recreational salmon fisheries in the area
from Horse Mountain, CA, to Point
Arena, CA, and in the area from Point
Arena, CA, to Pigeon Point, CA,
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
previously scheduled to open on April
6, 2019, to April 13, 2019.
Effective dates: Inseason action #3
took effect on April 6, 2019, and
remained in effect until May 1, 2019.
Reason and authorization for the
action: The purpose of inseason action
#3 was to limit fishery impacts on age4 KRFC, as described above in inseason
action #1, endangered Sacramento River
winter-run Chinook salmon and
overfished Sacramento River fall-run
Chinook salmon (SRFC). The RA
considered Chinook salmon forecasts
and anticipated fishery impacts for 2019
and determined that this inseason
action was necessary to meet
management and conservation
objectives. Inseason modification of
fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #3
occurred on March 11, 2019.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
Inseason Action #4
Description of the action: Inseason
action #4 postponed the starting date for
commercial salmon fisheries in the area
from Cape Falcon, OR, to Humbug
Mountain, OR, and in the area from
Humbug Mountain, OR, to the Oregon/
California border, previously scheduled
to open May 4, under the 2018 rule, to
May 6 in 2019.
Effective dates: Inseason action #4
took effect on May 4, 2019, and
remained in effect until May 6, 2019.
Reason and authorization for the
action: The purpose of inseason action
#4 was to limit fishery impacts on
overfished KRFC, overfished SRFC, and
ESA-listed CCC. The RA considered
Chinook salmon forecasts and
anticipated fishery impacts for 2019 and
determined that this inseason action
was necessary to meet management and
conservation objectives. Inseason
modification of fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #4
occurred on April 15, 2019.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
Inseason Action #5
Description of the action: Inseason
action #5 postponed the starting date for
the commercial salmon fishery in the
area from the Oregon/California border
to Humboldt South Jetty, CA, previously
scheduled to open May 1, under the
2018 rule, to June 1 in 2019.
E:\FR\FM\23MYR1.SGM
23MYR1
Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Rules and Regulations
khammond on DSKBBV9HB2PROD with RULES
Effective dates: Inseason action #5
took effect on May 1, 2019, and
remained in effect until May 6, 2019.
Reason and authorization for the
action: The purpose of inseason action
#3 was to limit fishery impacts on
overfished KRFC, overfished SRFC, and
ESA-listed CCC. The RA considered
Chinook salmon forecasts and
anticipated fishery impacts for 2019 and
determined that this inseason action
was necessary to meet management and
conservation objectives. Inseason
modification of fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #5
occurred on April 15, 2019.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
All other restrictions and regulations
remain in effect as announced for the
2018 ocean salmon fisheries and 2019
salmon fisheries opening prior to May 6,
2019 (83 FR 19005, May 1, 2018), and
as modified by prior inseason actions.
The RA determined that the best
available information indicated that
Chinook salmon abundance forecasts
and expected fishery effort in 2019
supported the above inseason actions
recommended by the states of Oregon
and California. The states manage the
VerDate Sep<11>2014
16:07 May 22, 2019
Jkt 247001
fisheries in state waters adjacent to the
areas of the U.S. exclusive economic
zone consistent with these federal
actions. As provided by the inseason
notice procedures of 50 CFR 660.411,
actual notice of the described regulatory
action 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
NOAA’s Assistant Administrator (AA)
for NMFS 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
action was provided to fishers through
telephone hotline and radio notification.
This action complies with the
requirements of the annual management
measures for ocean salmon fisheries (83
FR 19005, May 1, 2018), the Pacific
Coast Salmon Fishery Management Plan
(FMP), and regulations implementing
the FMP under 50 CFR 660.409 and
660.411. Prior notice and opportunity
for public comment was impracticable
PO 00000
Frm 00037
Fmt 4700
Sfmt 9990
23739
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
projections and abundance forecasts
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 limits for impacts to salmon species
listed under the ESA 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 this action
would allow fishing at levels
inconsistent with the goals of the FMP
and the current management measures.
This action is authorized by 50 CFR
660.409 and 660.411 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 20, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–10808 Filed 5–22–19; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\23MYR1.SGM
23MYR1
]]>Agencies
[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23737-23739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10808]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 170831849-8404-01]
RIN 0648-XG904
Fisheries Off West Coast States; Modifications of the West Coast
Recreational and Commercial Salmon Fisheries; Inseason Actions #1
Through #5
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Modification of fishing seasons.
-----------------------------------------------------------------------
SUMMARY: NMFS announces five inseason actions in the ocean salmon
fisheries. These inseason actions modified the commercial and
recreational salmon fisheries in the area from Cape Falcon, OR, to
Pigeon Point, CA.
DATES: The effective dates for the inseason actions are set out in this
document under the heading Inseason Actions.
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.
SUPPLEMENTARY INFORMATION:
Background
In the 2018 annual management measures for ocean salmon fisheries
(83
[[Page 23738]]
FR 19005, May 1, 2018), NMFS announced management measures for the
commercial and recreational fisheries in the area from Cape Falcon, OR,
to the U.S./Mexico border, effective from 0001 hours Pacific Daylight
Time (PDT), May 1, 2018, until the effective date of the 2019
management measures, as published in the Federal Register (84 FR 19729,
May 6, 2019). 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: California Department of Fish and
Wildlife (CDFW) and Oregon Department of Fish and Wildlife (ODFW).
The annual salmon management cycle begins May 1 and continues
through April 30 of the following year. As described in the final rule
for 2019 ocean salmon management measures (84 FR 19729, May 6, 2019),
the April Council meeting in 2019 occurred too late to allow enough
time for NMFS to review, approve, and implement the Council's
recommended management measures by May 1. Therefore, the rule
implementing the salmon fishery management measures in 2018 (84 FR
19005, May 1, 2018) remained in effect from May 1, 2018, until the
effective date of this 2019 rule, May 6, 2019. Fisheries scheduled to
begin before May 6, 2019, were conducted under the 2018 management
measures for the May 1 to May 6 time period. All five inseason actions
in this document apply to management measures implemented through the
2018 rule (83 FR 19005, May 1, 2018).
Inseason Actions
Inseason Action #1
Description of the action: Inseason action #1 postponed the
starting date for commercial salmon fisheries in the area from Cape
Falcon, OR, to Humbug Mountain, OR, and in the area from Humbug
Mountain, OR, to the Oregon/California border, previously scheduled to
open on March 15, 2019, to April 20, 2019.
Effective dates: Inseason action #1 took effect on March 15, 2019,
and remained in effect until May 6, 2019.
Reason and authorization for the action: The purpose of inseason
action #1 was to limit fishery impacts on age-4 Klamath River fall-run
Chinook salmon (KRFC) in order to meet Endangered Species Act (ESA)
requirements for threatened California Coastal Chinook salmon (CCC).
NMFS' ESA biological opinion on Council-managed salmon fisheries limits
fishery impacts to no more than 16 percent ocean harvest rate on age-4
KRFC as a surrogate for CCC. The NMFS West Coast Regional Administrator
(RA) considered Chinook salmon forecasts and anticipated fishery
impacts for 2019 and determined that this inseason action was necessary
to meet management and conservation objectives. Inseason modification
of fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#1 occurred on March 11, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #2
Description of the action: Inseason action #2 cancelled the
commercial salmon fishery from Horse Mountain, CA, to Point Arena, CA,
that was previously scheduled to open April 16 through 30, 2019.
Effective dates: Inseason action #2 took effect April 16, 2019, and
remained in effect until May 6, 2019.
Reason and authorization for the action: The purpose of inseason
action #2 was to limit fishery impacts on age-4 KRFC, as described
above in inseason action #1. The RA considered Chinook salmon forecasts
and anticipated fishery impacts for 2019 and determined that this
inseason action was necessary to meet management and conservation
objectives. Inseason modification of fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#2 occurred on March 11, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #3
Description of the action: Inseason action #3 postponed the
starting date for recreational salmon fisheries in the area from Horse
Mountain, CA, to Point Arena, CA, and in the area from Point Arena, CA,
to Pigeon Point, CA, previously scheduled to open on April 6, 2019, to
April 13, 2019.
Effective dates: Inseason action #3 took effect on April 6, 2019,
and remained in effect until May 1, 2019.
Reason and authorization for the action: The purpose of inseason
action #3 was to limit fishery impacts on age-4 KRFC, as described
above in inseason action #1, endangered Sacramento River winter-run
Chinook salmon and overfished Sacramento River fall-run Chinook salmon
(SRFC). The RA considered Chinook salmon forecasts and anticipated
fishery impacts for 2019 and determined that this inseason action was
necessary to meet management and conservation objectives. Inseason
modification of fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#3 occurred on March 11, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #4
Description of the action: Inseason action #4 postponed the
starting date for commercial salmon fisheries in the area from Cape
Falcon, OR, to Humbug Mountain, OR, and in the area from Humbug
Mountain, OR, to the Oregon/California border, previously scheduled to
open May 4, under the 2018 rule, to May 6 in 2019.
Effective dates: Inseason action #4 took effect on May 4, 2019, and
remained in effect until May 6, 2019.
Reason and authorization for the action: The purpose of inseason
action #4 was to limit fishery impacts on overfished KRFC, overfished
SRFC, and ESA-listed CCC. The RA considered Chinook salmon forecasts
and anticipated fishery impacts for 2019 and determined that this
inseason action was necessary to meet management and conservation
objectives. Inseason modification of fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#4 occurred on April 15, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #5
Description of the action: Inseason action #5 postponed the
starting date for the commercial salmon fishery in the area from the
Oregon/California border to Humboldt South Jetty, CA, previously
scheduled to open May 1, under the 2018 rule, to June 1 in 2019.
[[Page 23739]]
Effective dates: Inseason action #5 took effect on May 1, 2019, and
remained in effect until May 6, 2019.
Reason and authorization for the action: The purpose of inseason
action #3 was to limit fishery impacts on overfished KRFC, overfished
SRFC, and ESA-listed CCC. The RA considered Chinook salmon forecasts
and anticipated fishery impacts for 2019 and determined that this
inseason action was necessary to meet management and conservation
objectives. Inseason modification of fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#5 occurred on April 15, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
All other restrictions and regulations remain in effect as
announced for the 2018 ocean salmon fisheries and 2019 salmon fisheries
opening prior to May 6, 2019 (83 FR 19005, May 1, 2018), and as
modified by prior inseason actions.
The RA determined that the best available information indicated
that Chinook salmon abundance forecasts and expected fishery effort in
2019 supported the above inseason actions recommended by the states of
Oregon and California. The states manage the fisheries in state waters
adjacent to the areas of the U.S. exclusive economic zone consistent
with these federal actions. As provided by the inseason notice
procedures of 50 CFR 660.411, actual notice of the described regulatory
action 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
NOAA's Assistant Administrator (AA) for NMFS 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 action was provided to fishers through
telephone hotline and radio notification. This action complies with the
requirements of the annual management measures for ocean salmon
fisheries (83 FR 19005, May 1, 2018), the Pacific Coast Salmon Fishery
Management Plan (FMP), and regulations implementing the FMP under 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
projections and abundance forecasts 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 limits for impacts to salmon species listed under the
ESA 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 this action would allow fishing at levels inconsistent
with the goals of the FMP and the current management measures.
This action is authorized by 50 CFR 660.409 and 660.411 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 20, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-10808 Filed 5-22-19; 8:45 am]
BILLING CODE 3510-22-P
