Fisheries Off West Coast States; Modifications of the West Coast Recreational and Commercial Salmon Fisheries; Inseason Actions #6 Through #27, 56137-56142 [2019-22772]
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Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations
Dated: October 16, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION:
For the reasons set out in the
preamble, 50 CFR part 635 is amended
as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
■
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
§ 635.2
[Amended]
2. In § 635.2, remove the definition of
‘‘Billfish Certificate of Eligibility
(COE).’’
■ 3. In 635.31, revise paragraph (b) to
read as follows.
■
§ 635.31 Restrictions on sale and
purchase.
*
*
*
*
*
(b) Billfish. Persons may not sell or
purchase a billfish taken from its
management unit.
*
*
*
*
*
[FR Doc. 2019–22882 Filed 10–18–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180702602–9400–01]
RIN 0648–XW007
Fisheries Off West Coast States;
Modifications of the West Coast
Recreational and Commercial Salmon
Fisheries; Inseason Actions #6
Through #27
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of fishing seasons.
AGENCY:
NMFS announces 22 inseason
actions in the ocean salmon fisheries.
These inseason actions modified the
commercial and recreational salmon
fisheries in the area from the U.S./
Canada border to the U.S./Mexico
border.
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SUMMARY:
The effective dates for the
inseason actions are set out in this
document under the heading Inseason
Actions.
DATES:
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Background
In the 2019 annual management
measures for ocean salmon fisheries (84
FR 19729, May 6, 2019), NMFS
announced management measures for
the commercial and recreational
fisheries in the area from the U.S./
Canada border to the U.S./Mexico
border, effective from 0001 hours Pacific
Daylight Time (PDT), May 6, 2019, until
the effective date of the 2020
management measures, as published in
the Federal Register. 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), Oregon
Department of Fish and Wildlife
(ODFW), and Washington Department of
Fish and Wildlife (WDFW).
Management Areas
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). Within the
north and south of Cape Falcon areas,
there are further subarea divisions used
to manage impacts on salmon stocks or
stock groups as well as economic
impacts to communities.
North of Cape Falcon: Recreational
fisheries north of Cape Falcon are
divided into four subareas: U.S./Canada
border to Cape Alava, WA (Neah Bay
subarea), Cape Alava, WA, to Queets
River, WA (La Push subarea), Queets
River, WA, to Leadbetter Point, WA
(Westport subarea), and Leadbetter
Point, WA, to Cape Falcon, OR
(Columbia River subarea). Commercial
fisheries north of Cape Falcon are
divided at Queets River, WA, and
Leadbetter Point, WA.
South of Cape Falcon: South of Cape
Falcon, the area from Humbug
Mountain, OR, to Horse Mountain, CA,
is the Klamath Management Zone
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(KMZ) and is managed in two subareas,
Oregon KMZ and California KMZ,
divided at the Oregon/California border.
The Oregon KMZ is the area from
Humbug Mountain, OR, to the Oregon/
California border. The California KMZ is
the area from the Oregon/California
border to Horse Mountain, CA.
However, the area from Humboldt South
Jetty, CA, to Horse Mountain, CA, has
been closed to commercial salmon
fishing since 1992.
Inseason Actions
Inseason Action #6
Description of the action: Inseason
action #6 temporarily closed the
commercial salmon fishery from the
U.S./Canada border to Queets River,
WA.
Effective dates: Inseason action #6
took effect on June 19, 2019, and
remained in effect until superseded by
inseason action #8 on June 24, 2019.
Reason and authorization for the
action: The purpose of inseason action
#6 was to avoid exceeding the subarea
quota for Chinook salmon. The 2019
annual management measures (84 FR
19729, May 6, 2019) state that inseason
action will be considered when
approximately 60 percent of the subarea
guideline for the area from the U.S./
Canada border to Queets River, WA, has
been landed. At the time of this
inseason consultation, 75 percent of the
subarea guideline had been landed. The
Regional Administrator (RA) considered
Chinook salmon landings and fishery
effort and determined inseason action
was necessary to stay within the quota.
Inseason action to modify fishing
seasons is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #6
occurred on June 14, 2019.
Representatives from NMFS, WDFW,
and ODFW participated in this
consultation. Council staff were
unavailable to participate, but were
notified of the RA’s decision
immediately after the consultation.
Inseason Action #7
Description of the action: Inseason
action #7 allowed retention of halibut
caught incidental to the commercial
salmon fishery by International Pacific
Halibut Commission license holders to
continue past June 30, 2019. Inseason
action #7 also reduced the landing limit
for incidental halibut from 35 halibut
per vessel per trip to 15 halibut per
vessel per trip; other landing restrictions
remained as set preseason. This
inseason action applied to commercial
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salmon fisheries from the U.S./Canada
border to the U.S./Mexico border.
Effective dates: Inseason action #7
took effect on July 1, 2019, and
remained in effect until superseded on
July 19, 2019 by inseason action #16.
Reason and authorization for the
action: The 2019 annual management
measures for ocean salmon fisheries (84
FR 19729, May 6, 2019) announced the
conditions for incidental halibut
harvest: ‘‘incidental harvest is
authorized only during April, May, and
June of the 2019 troll seasons, and after
June 30 in 2019 if quota remains.’’ At
the time of this consultation, 49 percent
of the incidental halibut allocation
remained uncaught. The RA considered
Chinook salmon and halibut landings
and fishery effort in the commercial
ocean salmon fishery and determined
that this inseason action was necessary
to meet management objectives set
preseason and to allow access to the
available halibut allocation, as provided
for in the 2019 annual management
measures for ocean salmon fisheries (84
FR 19729, May 6, 2019). Inseason action
to modify species that may be caught
and landed during specific seasons and
the establishment of modification of
limited retention regulations are
authorized by 50 CFR 660.409(b)(1)(ii).
Consultation date and participants:
Consultation on inseason action #7
occurred on June 24, 2019.
Representatives from NMFS, WDFW,
ODFW, CDFW, and the Council
participated in this consultation.
Inseason Action #8
Description of the action: Inseason
action #8 reopened the commercial
salmon fishery from the U.S./Canada
border to Queets River, WA, from 1
p.m., June 24, 2019, to 11:59 p.m., June
28, 2019, with a landing and possession
limit of 20 Chinook salmon per vessel
for the landing period.
Effective dates: Inseason action #8
superseded inseason action #6, above,
on June 24, 2019, and remained in effect
through the scheduled closure of this
fishery on June 28, 2019.
Reason and authorization for the
action: The purpose of inseason action
#8 was to allow access to available
subarea Chinook salmon quota for the
May-June season for the economic
benefit of local fishery dependent
communities. The RA considered
Chinook landings to date, remaining
Chinook salmon quota, and fishery
effort projections and determined
inseason action was necessary to meet
management objectives set preseason.
Inseason action to modify fishing
seasons is authorized by 50 CFR
660.409(b)(1)(i).
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Consultation date and participants:
Consultation on inseason action #8
occurred on June 24, 2019.
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
Inseason Action #9
Description of the action: Inseason
action #9 adjusted the July quota in the
commercial salmon fishery in the
Oregon KMZ to account for an impactneutral rollover of unused quota from
June. The July quota was adjusted from
2,500 Chinook salmon to 4,495 Chinook
salmon.
Effective dates: Inseason action #9
took effect July 4, 2019, and remained
in effect through the end of the July
quota period on July 31, 2019.
Reason and authorization for the
action: The purpose of inseason action
#9 was to be consistent with the annual
management measures, which state that
any remaining portion of Chinook
quotas in the Oregon KMZ may be
transferred inseason on an impactneutral basis to the next open quota
period (84 FR 19729, May 6, 2019). The
RA considered Chinook salmon
landings to date and the calculations of
the Council’s Salmon Technical Team
(STT) for rolling over quota on an
impact-neutral basis for impacts to
Klamath River fall-run Chinook salmon
(KRFC), impacts to age-4 KRFC which
serves as a surrogate for impacts to
California Coastal Chinook salmon
(listed as threatened under the
Endangered Species Act (ESA)), and
fifty-fifty tribal/nontribal sharing of
KRFC allowable catch. The RA
determined inseason action was
necessary to meet management
objectives set preseason. Inseason action
to modify quotas is authorized by 50
CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #9
occurred on July 3, 2019.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
Inseason Action #10
Description of the action: Inseason
action #10 increased the landing limit in
the commercial salmon fishery in the
Oregon KMZ from 50 Chinook salmon
to 125 Chinook salmon per vessel per
landing week (set preseason as
Thursday through Wednesday).
Effective dates: Inseason action #10
took effect July 4, 2019, and remained
in effect through the scheduled closure
of this fishery on August 29, 2019.
Reason and authorization for the
action: The purpose of inseason action
#10 was to provide greater access to
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available quota. The RA considered
Chinook landings to date, remaining
Chinook salmon quota, and fishery
effort projections and determined
inseason action was necessary to meet
management objectives set preseason.
Inseason action to modify limited
retention regulations is authorized by 50
CFR 660.409(b)(1)(ii).
Consultation date and participants:
Consultation on inseason action #10
occurred on July 3, 2019.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
Inseason Action #11
Description of the action: Inseason
action #11 adjusted the July quota in the
commercial salmon fishery in the
California KMZ to account for an
impact-neutral rollover of unused quota
from June. The July quota was adjusted
from 2,500 Chinook salmon to 3,997
Chinook salmon.
Effective dates: Inseason action #11
took effect July 4, 2019, and remained
in effect through the end of the July
quota period on July 31, 2019.
Reason and authorization for the
action: The purpose of inseason action
#11 was to be consistent with the
annual management measures, which
state that any remaining portion of
Chinook quotas in the California KMZ
may be transferred inseason on an
impact-neutral basis to the next open
quota period (84 FR 19729, May 6,
2019). The RA considered Chinook
salmon landings to date and the
calculations of the STT for rolling over
quota on an impact-neutral basis for
impacts to Sacramento River fall-run
Chinook salmon. The RA determined
inseason action was necessary to meet
management objectives set preseason.
Inseason action to modify quotas is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #11
occurred on July 3, 2019.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
Inseason Action #12
Description of the action: Inseason
action #12 modified the daily bag limit
in the recreational fishery in the Neah
Bay subarea to two salmon, only one of
which can be a Chinook salmon;
previously, two Chinook salmon could
be retained.
Effective dates: Inseason action #12
took effect July 8, 2019, and remained
in effect until superseded by inseason
action #14 on July 14, 2019.
Reason and authorization for the
action: The purpose of inseason action
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#12 was to avoid exceeding the subarea
quota for Chinook salmon. This fishery
opened on June 22, 2019, and had
landed 28 percent of the subarea
Chinook salmon guideline in less than
two weeks. The RA considered Chinook
salmon landings and fishery effort and
determined inseason action was
necessary to stay within the quota.
Inseason action to modify recreational
bag limits is authorized by 50 CFR
660.409(b)(1)(iii).
Consultation date and participants:
Consultation on inseason action #12
occurred on July 3, 2019.
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
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Inseason Action #13
Description of the action: Inseason
action #13 adjusted the July–September
quota in the commercial salmon fishery
north of Cape Falcon to account for an
impact-neutral rollover of unused quota
from the May–June fishery in the same
area. The July–September quota was
increased from 13,050 to 19,257
Chinook salmon.
Effective dates: Inseason action #13
took effect July 12, 2019, and remained
in effect through the scheduled closure
of the fishery on September 30, 2019.
Reason and authorization for the
action: The purpose of inseason action
#13 was to be consistent with the
annual management measures, which
state that any remaining portion of
Chinook quotas in the north of Cape
Falcon commercial fishery may be
transferred inseason on an impactneutral basis to the next open quota
period (84 FR 19729, May 6, 2019). The
RA considered Chinook salmon
landings to date and the calculations of
the STT for rolling over quota on an
impact-neutral basis for impacts to ESAlisted Lower Columbia River tule
Chinook salmon and Puget Sound
Chinook salmon. The RA determined
inseason action was necessary to meet
management objectives set preseason.
Inseason action to modify quotas is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #13
occurred on July 12, 2019.
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
Inseason Action #14
Description of the action: Inseason
action #14 modified the daily bag limit
in the recreational ocean salmon fishery
in the Neah Bay subarea to prohibit
retention of Chinook salmon.
Effective dates: Inseason action #14
superseded inseason action #12, above,
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on July 14, 2019, and remained in effect
through the scheduled closure of the
fishery on September 30, 2019.
Reason and authorization for the
action: The purpose of inseason action
#14 was to avoid exceeding the subarea
guideline for Chinook salmon. In the
two weeks since this fishery opened on
June 22, 2019, nearly 60 percent of the
subarea guideline for Chinook salmon
had been landed. WDFW recommended
prohibiting retention of Chinook salmon
to ensure sufficient impacts available to
account for incidental mortality of
Chinook salmon while the fishery
targeted coho salmon for the remainder
of the season. The RA considered
Chinook salmon landings and fishery
effort and determined inseason action
was necessary to stay within the
guideline and meet management
objectives set preseason. Inseason action
to modify recreational bag limits is
authorized by 50 CFR 660.409(b)(1)(iii).
Consultation date and participants:
Consultation on inseason action #14
occurred on July 12, 2019.
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
Inseason Action #15
Description of the action: Inseason
action #15 modified the daily bag limit
in the recreational ocean salmon fishery
in the La Push subarea, to two salmon
per day, only one of which can be a
Chinook salmon; previously, two
Chinook salmon could be retained.
Effective dates: Inseason action #15
took effect on July 15, 2019, and
remained in effect through the
scheduled closure of the fishery on
September 30, 2019.
Reason and authorization for the
action: The purpose of inseason action
#15 was to avoid exceeding the subarea
guideline for Chinook salmon. This
subarea had a small guideline for
Chinook salmon and, with the
prohibition of Chinook salmon retention
in the neighboring Neah Bay subarea
(see inseason action #14, above), there
was concern that effort shift to La Push
would quickly exhaust the available
Chinook salmon guideline. The RA
considered Chinook salmon landings
and fishery effort and determined
inseason action was necessary to stay
within the guideline and meet
management objectives set preseason.
Inseason action to modify recreational
bag limits is authorized by 50 CFR
660.409(b)(1)(iii).
Consultation date and participants:
Consultation on inseason action #15
occurred on July 12, 2019.
Representatives from NMFS, WDFW,
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ODFW, and the Council participated in
this consultation.
Inseason Action #16
Description of the action: Inseason
action #16 reduced the landing and
possession limit for halibut caught
incidental to the commercial ocean
salmon fishery from the U.S./Canada
border to the U.S./Mexico border from
15 to 4 halibut per vessel per trip, all
other restrictions remained as set
preseason.
Effective dates: Inseason action #16
superseded inseason action #7, above,
on July 19, 2019, and remained in effect
until superseded by inseason action
#19, below, on July 27, 2019.
Reason and authorization for the
action: The purpose of inseason action
#16 was to extend access to available
incidental halibut allocation without
exceeding the allocation. At the time of
this inseason consultation, 10.6 percent
of the halibut allocation remained
available. The RA considered Chinook
salmon and halibut landings and fishery
effort and determined inseason action
was necessary to extend access to
available halibut and stay within the
allocation. Inseason action to modify
species that may be caught and landed
during specific seasons and the
establishment of modification of limited
retention regulations are authorized by
50 CFR 660.409(b)(1)(ii).
Consultation date and participants:
Consultation on inseason action #16
occurred on July 17, 2019.
Representatives from NMFS, WDFW,
ODFW, CDFW, and the Council
participated in this consultation.
Inseason Action #17
Description of the action: Inseason
action #17 increased the landing limit in
the commercial ocean salmon fishery in
the California KMZ from 20 to 50
Chinook salmon per vessel per day.
Effective dates: Inseason action #17
took effect on July 19, 2019, and
remained in effect until superseded by
inseason action #24 on August 12, 2019.
Reason and authorization for the
action: The purpose of inseason action
#17 was to provide increased access
available Chinook salmon quota.
Landings in the California KMZ in June
and early July were low. At the time of
this inseason consultation, the fishery
had only landed two percent of the
adjusted July quota. The RA considered
Chinook salmon landings and fishery
effort and determined inseason action
was necessary to meet management
goals set preseason. Inseason action to
modify limited retention regulations is
authorized by 50 CFR 660.409(b)(1)(ii).
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Consultation date and participants:
Consultation on inseason action #17
occurred on July 17, 2019.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
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Inseason Action #18
Description of the action: Inseason
action #18 imposed a landing limit of
125 Chinook salmon per vessel per
landing week (set preseason as
Thursday through Wednesday) in the
commercial ocean salmon fishery from
the U.S./Canada border to Cape Falcon,
OR.
Effective dates: Inseason action #18
took effect on July 19, 2019, and
remained in effect until superseded by
inseason action #25 on August 16, 2019.
Reason and authorization for the
action: The purpose of inseason action
#18 was to set a precautionary landing
limit on this fishery which opened July
1, 2019, with a Chinook salmon quota,
but no landing limit, set preseason. The
fishery landed 43 percent of the
Chinook salmon quota in the first 17
days of the fishery. The RA considered
Chinook salmon landings and fishery
effort and determined inseason action
was necessary to sustain season length
while remaining within the quota.
Inseason action to establish or modify
limited retention regulations is
authorized by 50 CFR 660.409(b)(1)(ii).
Consultation date and participants:
Consultation on inseason action #18
occurred on July 17, 2019.
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
Inseason Action #19
Description of the action: Inseason
action #19 reduced the landing and
possession limit for halibut caught
incidental to the commercial ocean
salmon fishery from the U.S./Canada
border to the U.S./Mexico border from
4 to 2 halibut per vessel per trip, all
other restrictions remained as set
preseason.
Effective dates: Inseason action #19
superseded inseason action #16, above,
on July 27, 2019, and remains in effect
until all 2019 commercial salmon
fisheries close, unless superseded by
inseason action.
Reason and authorization for the
action: The purpose of inseason action
#19 was to extend access to available
incidental halibut allocation without
exceeding the allocation. At the time of
this inseason consultation, 9.1 percent
of the allocation remained available.
The RA considered Chinook salmon and
halibut landings and fishery effort and
determined inseason action was
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necessary to extend access to available
halibut and stay within the allocation.
Inseason action to modify species that
may be caught and landed during
specific seasons and the establishment
of modification of limited retention
regulations are authorized by 50 CFR
660.409(b)(1)(ii).
Consultation date and participants:
Consultation on inseason action #19
occurred on July 24, 2019.
Representatives from NMFS, WDFW,
ODFW, CDFW, and the Council
participated in this consultation.
Inseason Action #20
Description of the action: Inseason
action #20 adjusted the August quota in
the commercial salmon fishery in the
California KMZ to account for an
impact-neutral rollover of unused quota
from July. The August quota was
adjusted from 2,000 Chinook salmon to
4,293 Chinook salmon.
Effective dates: Inseason action #20
took effect August 2, 2019, and
remained in effect through the
scheduled closure of this fishery on
August 31, 2019.
Reason and authorization for the
action: The purpose of inseason action
#20 was to be consistent with the
annual management measures, which
state that any remaining portion of
Chinook quotas in the California KMZ
may be transferred inseason on an
impact-neutral basis to the next open
quota period (84 FR 19729, May 6,
2019). The RA considered Chinook
salmon landings to date and the
calculations of the STT for rolling over
quota on an impact-neutral basis for
impacts to Sacramento River fall-run
Chinook salmon. The RA determined
inseason action was necessary to meet
management objectives set preseason.
Inseason action to modify quotas is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #20
occurred on August 2, 2019.
Representatives from NMFS, ODFW,
and CDFW. Council staff were
unavailable to participate, but were
notified of the RA’s decision
immediately after the consultation.
Inseason Action #21
Description of the action: Inseason
action #21 adjusted the August quota in
the commercial salmon fishery in the
Oregon KMZ to account for an impactneutral rollover of unused quota from
July. The August quota was adjusted
from 1,200 Chinook salmon to 4,330
Chinook salmon.
Effective dates: Inseason action #21
took effect August 2, 2019, and
remained in effect through the
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scheduled closure of this fishery on
August 29, 2019.
Reason and authorization for the
action: The purpose of inseason action
#21 was to be consistent with the
annual management measures, which
state that any remaining portion of
Chinook quotas in the Oregon KMZ may
be transferred inseason on an impactneutral basis to the next open quota
period (84 FR 19729, May 6, 2019). The
RA considered Chinook salmon
landings to date and the calculations of
the STT for rolling over quota on an
impact-neutral basis for impacts to
KRFC, impacts to age-4 KRFC which
serves as a surrogate for impacts to
California Coastal Chinook salmon
(listed as threatened under the ESA),
and fifty-fifty tribal/nontribal sharing of
KRFC allowable catch. The RA
determined inseason action was
necessary to meet management
objectives set preseason. Inseason action
to modify quotas is authorized by 50
CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #21
occurred on August 2, 2019.
Representatives from NMFS, ODFW,
and CDFW. Council staff were
unavailable to participate, but were
notified of the RA’s decision
immediately after the consultation.
Inseason Action #22
Description of the action: Inseason
action #22 temporarily closed the
commercial salmon fishery in the
California KMZ.
Effective dates: Inseason action #22
took effect on August 5, 2019, and
remained in effect until superseded by
inseason action #24 on August 12, 2019.
Reason and authorization for the
action: The purpose of inseason action
#22 was to avoid exceeding the subarea
quota for Chinook salmon. Landings in
the first two open days of August were
unexpectedly high and there was
concern the quota would be exceeded.
The RA considered Chinook salmon
landings and fishery effort and
determined inseason action was
necessary to prevent exceeding the
quota. Inseason action to modify fishing
seasons is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #22
occurred on August 5, 2019.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
Inseason Action #23
Description of the action: Inseason
action #23 modified the daily bag limit
in the recreational ocean salmon fishery
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in the Westport subarea to allow
retention of two Chinook salmon per
day. Previously, the two salmon per day
landing limit allowed retention of only
one Chinook salmon.
Effective dates: Inseason action #23
took effect on August 10, 2019, and
remained in effect until the scheduled
closure of the fishery on September 30,
2019.
Reason and authorization for the
action: The purpose of inseason action
#23 was to allow access to available
subarea guideline for Chinook salmon.
At the time of this inseason consultation
the Westport fishery had only landed 11
percent of the subarea guideline for
Chinook salmon. The RA considered
Chinook salmon landings and fishery
effort and determined inseason action
was necessary to meet management
objectives set preseason. Inseason action
to modify recreational bag limits is
authorized by 50 CFR 660.409(b)(1)(iii).
Consultation date and participants:
Consultation on inseason action #23
occurred on August 7, 2019.
Representatives from NMFS, WDFW,
and ODFW participated in this
consultation. Council staff were
unavailable to participate, but were
notified of the RA’s decision
immediately after the consultation.
Inseason Action #24
Description of the action: Inseason
action #24 reopened the commercial
ocean salmon fishery in the California
KMZ with a landing and possession
limit of 15 Chinook salmon per vessel
per day; the previous landing and
possession limit was 50 Chinook salmon
per vessel per day.
Effective dates: Inseason action #24
took effect on August 12, 2019,
superseding inseason actions #17 and
#22, above, to reopen the fishery and
modify the landing and possession
limit. Inseason action #24 remained in
effect through the scheduled closure of
the fishery on August 31, 2019.
Reason and authorization for the
action: The purpose of inseason action
#24 was to allow access to available
Chinook salmon quota without
exceeding the quota. Subsequent to the
temporary closure of this fishery on
August 5, 2019 (see inseason action #22,
above), 1,093 Chinook salmon remained
available on the August quota. CDFW
recommended reopening the fishery to
access this quota, but reducing the
landing limit to keep landings within
the quota. The RA considered Chinook
salmon landings and fishery effort and
determined inseason action was
necessary to stay within the quota.
Inseason action to modify fishing
seasons is authorized by 50 CFR
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660.409(b)(1)(i). Inseason action to
modify limited retention regulations is
authorized by 50 CFR 660.409(b)(1)(ii).
Consultation date and participants:
Consultation on inseason action #24
occurred on August 8, 2019.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
Inseason Action #25
Description of the action: Inseason
action #25 increased the landing limit
from 125 to 160 Chinook salmon per
vessel per landing week (set preseason
as Thursday through Wednesday) in the
commercial ocean salmon fishery from
the U.S./Canada border to Cape Falcon,
OR. The landing limit for coho in this
fishery was unchanged.
Effective dates: Inseason action #25
superseded inseason action #18 on
August 16, 2019, and remained in effect
until the scheduled closure of this
fishery on September 30, 2019.
Reason and authorization for the
action: The purpose of inseason action
#25 was to provide access to available
Chinook salmon quota without
exceeding the quota. At the time of the
inseason consultation, the fishery had
28 percent of the adjusted July–
September Chinook salmon quota
remaining. The RA considered Chinook
salmon landings and fishery effort and
determined inseason action was
necessary to sustain season length while
remaining within the quota. Inseason
action to establish or modify limited
retention regulations is authorized by 50
CFR 660.409(b)(1)(ii).
Consultation date and participants:
Consultation on inseason action #25
occurred on August 15, 2019.
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
Inseason Action #26
Description of the action: Inseason
action #26 modified the quota for the
recreational non-mark-selective coho
fishery from Cape Falcon, OR, to
Humbug Mountain, OR, from 9,000 to
15,640 non-mark-selective coho due to
an impact-neutral rollover of remaining
quota from the recreational markselective coho fishery that ended August
25, 2019.
Effective dates: Inseason action #26
took effect on September 6, 2019, and
remained in effect through the
scheduled closure of this fishery on
September 30, 2019.
Reason and authorization for the
action: The purpose of inseason action
#26 was to be consistent with the
annual management measures, which
state that any remainder of the mark-
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56141
selective coho quota may be transferred
inseason on an impact-neutral basis to
the non-mark-selective coho quota from
Cape Falcon, OR, to Humbug Mountain,
OR (84 FR 19729, May 6, 2019). The RA
considered Chinook salmon landings to
date and the calculations of the STT for
rolling over quota on an impact-neutral
basis for impacts to Oregon Coast
Natural coho. The RA determined
inseason action was necessary to meet
management objectives set preseason.
Inseason action to modify quotas is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #26
occurred on September 4, 2019.
Representatives from NMFS, ODFW,
CDFW and the Council participated in
this consultation.
Inseason Action #27
Description of the action: Inseason
action #27 modified the open dates in
the recreational non-mark-selective
coho fishery from Cape Falcon, OR, to
Humbug Mountain, OR. This action
added Monday, September 23, 2019
through Thursday, September 26, 2019,
to the scheduled open dates for this
fishery.
Effective dates: Inseason action #27
took effect on September 23, 2019, and
remained in effect until the scheduled
closure of this fishery on September 30,
2019.
Reason and authorization for the
action: The purpose of inseason action
#27 was to provide access to available
coho quota. With ten days remaining on
the season, 41 percent of the non-markselective coho quota remained
uncaught. The RA considered Chinook
salmon landings and fishery effort and
determined inseason action was
necessary to be consistent with
management objectives set preseason.
Inseason action to modify fishing
seasons is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #27
occurred on September 20, 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
2019 ocean salmon fisheries and 2020
salmon fisheries opening prior to May 1,
2020 (84 FR 19729, May 6, 2019), and
as modified by prior inseason actions.
The RA determined that the best
available information indicated that
Chinook salmon abundance forecasts,
incidental halibut allocation, and
expected fishery effort in 2019
supported the above inseason actions
recommended by the states of
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Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations
Washington, 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
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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 (84
FR 19729, May 6, 2019), 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: October 15, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–22772 Filed 10–18–19; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180625576–8999–02]
RIN 0648–BJ36
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2019–2020 Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
AGENCY:
This final rule announces
routine inseason adjustments to
management measures in commercial
groundfish fisheries. This action is
intended to allow commercial fishing
vessels to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: This final rule is effective
October 21, 2019.
FOR FURTHER INFORMATION CONTACT:
Karen Palmigiano, phone: 206–526–
4491 or email: karen.palmigiano@
noaa.gov.
SUMMARY:
Electronic Access
This rule is accessible via the internet
at the Office of the Federal Register
website at https://
www.federalregister.gov. Background
information and documents are
available at the Pacific Fishery
Management Council’s website at https://
www.pcouncil.org/.
SUPPLEMENTARY INFORMATION:
Background
The Pacific Coast Groundfish Fishery
Management Plan (PCGFMP) and its
implementing regulations at title 50 in
the Code of Federal Regulations (CFR),
part 660, subparts C through G, regulate
fishing for over 90 species of groundfish
off the coasts of Washington, Oregon,
and California. The Pacific Fishery
Management Council (Council)
develops groundfish harvest
specifications and management
measures for two-year periods (i.e., a
biennium). NMFS published the final
rule to implement harvest specifications
and management measures for the
2019–2020 biennium for most species
managed under the PCGFMP on
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Fmt 4700
Sfmt 4700
December 12, 2018 (83 FR 63970). In
general, the management measures set at
the start of the biennial harvest
specifications cycle help the various
sectors of the fishery attain, but not
exceed, the catch limits for each stock.
The Council, in coordination with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California, recommends adjustments to
the management measures during the
fishing year to achieve this goal.
At its September 12–18, 2019
meeting, the Council recommended
increasing the limited entry fixed gear
(LEFG) and open access (OA) trip limits
for sablefish both north of 36° N lat.
Pacific Coast groundfish fisheries are
managed using harvest specifications or
limits (e.g., overfishing limits [OFL],
acceptable biological catch [ABC],
annual catch limits [ACL] and harvest
guidelines [HG]) recommended
biennially by the Council and based on
the best scientific information available
at that time (50 CFR 660.60(b)). During
development of the harvest
specifications, the Council also
recommends mitigation measures (e.g.,
trip limits, area closures, and bag limits)
that are meant to mitigate catch so as
not to exceed the harvest specifications.
The harvest specifications and
mitigation measures developed for the
2019–2020 biennium used data through
the 2017 fishing year. Each of the
adjustments to mitigation measures
discussed below are based on updated
fisheries information that was
unavailable when the analysis for the
current harvest specifications was
completed. As new fisheries data
becomes available, adjustments to
mitigation measures are projected so as
to help harvesters achieve but not
exceed the harvest limits.
Sablefish is an important commercial
species on the west coast with vessels
targeting sablefish with both trawl and
fixed gear (longlines and pots/traps).
Sablefish is managed with a coast-wide
ACL that is apportioned north and south
of 36° N lat. with 73.8 percent going to
the north and 26.2 percent going to the
south. In 2019, the portion of the ACL
for sablefish north of 36° N lat. is 5,606
mt with a fishery HG of 5,007 mt. The
fishery HG north of 40°10′ N lat. is
further divided between the LEFG and
OA sectors with 90.6 percent, or 4,537
mt, going to the LEFG sector and 9.4
percent, or 471 mt, going to the OA
sector. The 2019 portion of ACL for
sablefish south of 36° N lat. is 1,990 mt
with a fishery HG of 1,986 mt. South of
36° N lat., the fishery HG is further
divided between the trawl (limited
entry) and non-trawl (LEFG and OA)
sectors with 42 percent or 834 mt going
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]]>Agencies
[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Rules and Regulations]
[Pages 56137-56142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22772]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180702602-9400-01]
RIN 0648-XW007
Fisheries Off West Coast States; Modifications of the West Coast
Recreational and Commercial Salmon Fisheries; Inseason Actions #6
Through #27
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Modification of fishing seasons.
-----------------------------------------------------------------------
SUMMARY: NMFS announces 22 inseason actions in the ocean salmon
fisheries. These inseason actions modified the commercial and
recreational salmon fisheries in the area from the U.S./Canada border
to the U.S./Mexico border.
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 2019 annual management measures for ocean salmon fisheries
(84 FR 19729, May 6, 2019), NMFS announced management measures for the
commercial and recreational fisheries in the area from the U.S./Canada
border to the U.S./Mexico border, effective from 0001 hours Pacific
Daylight Time (PDT), May 6, 2019, until the effective date of the 2020
management measures, as published in the Federal Register. 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), Oregon Department of
Fish and Wildlife (ODFW), and Washington Department of Fish and
Wildlife (WDFW).
Management Areas
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). Within the north and south of Cape Falcon areas, there
are further subarea divisions used to manage impacts on salmon stocks
or stock groups as well as economic impacts to communities.
North of Cape Falcon: Recreational fisheries north of Cape Falcon
are divided into four subareas: U.S./Canada border to Cape Alava, WA
(Neah Bay subarea), Cape Alava, WA, to Queets River, WA (La Push
subarea), Queets River, WA, to Leadbetter Point, WA (Westport subarea),
and Leadbetter Point, WA, to Cape Falcon, OR (Columbia River subarea).
Commercial fisheries north of Cape Falcon are divided at Queets River,
WA, and Leadbetter Point, WA.
South of Cape Falcon: South of Cape Falcon, the area from Humbug
Mountain, OR, to Horse Mountain, CA, is the Klamath Management Zone
(KMZ) and is managed in two subareas, Oregon KMZ and California KMZ,
divided at the Oregon/California border. The Oregon KMZ is the area
from Humbug Mountain, OR, to the Oregon/California border. The
California KMZ is the area from the Oregon/California border to Horse
Mountain, CA. However, the area from Humboldt South Jetty, CA, to Horse
Mountain, CA, has been closed to commercial salmon fishing since 1992.
Inseason Actions
Inseason Action #6
Description of the action: Inseason action #6 temporarily closed
the commercial salmon fishery from the U.S./Canada border to Queets
River, WA.
Effective dates: Inseason action #6 took effect on June 19, 2019,
and remained in effect until superseded by inseason action #8 on June
24, 2019.
Reason and authorization for the action: The purpose of inseason
action #6 was to avoid exceeding the subarea quota for Chinook salmon.
The 2019 annual management measures (84 FR 19729, May 6, 2019) state
that inseason action will be considered when approximately 60 percent
of the subarea guideline for the area from the U.S./Canada border to
Queets River, WA, has been landed. At the time of this inseason
consultation, 75 percent of the subarea guideline had been landed. The
Regional Administrator (RA) considered Chinook salmon landings and
fishery effort and determined inseason action was necessary to stay
within the quota. Inseason action to modify fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#6 occurred on June 14, 2019. Representatives from NMFS, WDFW, and ODFW
participated in this consultation. Council staff were unavailable to
participate, but were notified of the RA's decision immediately after
the consultation.
Inseason Action #7
Description of the action: Inseason action #7 allowed retention of
halibut caught incidental to the commercial salmon fishery by
International Pacific Halibut Commission license holders to continue
past June 30, 2019. Inseason action #7 also reduced the landing limit
for incidental halibut from 35 halibut per vessel per trip to 15
halibut per vessel per trip; other landing restrictions remained as set
preseason. This inseason action applied to commercial
[[Page 56138]]
salmon fisheries from the U.S./Canada border to the U.S./Mexico border.
Effective dates: Inseason action #7 took effect on July 1, 2019,
and remained in effect until superseded on July 19, 2019 by inseason
action #16.
Reason and authorization for the action: The 2019 annual management
measures for ocean salmon fisheries (84 FR 19729, May 6, 2019)
announced the conditions for incidental halibut harvest: ``incidental
harvest is authorized only during April, May, and June of the 2019
troll seasons, and after June 30 in 2019 if quota remains.'' At the
time of this consultation, 49 percent of the incidental halibut
allocation remained uncaught. The RA considered Chinook salmon and
halibut landings and fishery effort in the commercial ocean salmon
fishery and determined that this inseason action was necessary to meet
management objectives set preseason and to allow access to the
available halibut allocation, as provided for in the 2019 annual
management measures for ocean salmon fisheries (84 FR 19729, May 6,
2019). Inseason action to modify species that may be caught and landed
during specific seasons and the establishment of modification of
limited retention regulations are authorized by 50 CFR
660.409(b)(1)(ii).
Consultation date and participants: Consultation on inseason action
#7 occurred on June 24, 2019. Representatives from NMFS, WDFW, ODFW,
CDFW, and the Council participated in this consultation.
Inseason Action #8
Description of the action: Inseason action #8 reopened the
commercial salmon fishery from the U.S./Canada border to Queets River,
WA, from 1 p.m., June 24, 2019, to 11:59 p.m., June 28, 2019, with a
landing and possession limit of 20 Chinook salmon per vessel for the
landing period.
Effective dates: Inseason action #8 superseded inseason action #6,
above, on June 24, 2019, and remained in effect through the scheduled
closure of this fishery on June 28, 2019.
Reason and authorization for the action: The purpose of inseason
action #8 was to allow access to available subarea Chinook salmon quota
for the May-June season for the economic benefit of local fishery
dependent communities. The RA considered Chinook landings to date,
remaining Chinook salmon quota, and fishery effort projections and
determined inseason action was necessary to meet management objectives
set preseason. Inseason action to modify fishing seasons is authorized
by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#8 occurred on June 24, 2019. Representatives from NMFS, WDFW, ODFW,
and the Council participated in this consultation.
Inseason Action #9
Description of the action: Inseason action #9 adjusted the July
quota in the commercial salmon fishery in the Oregon KMZ to account for
an impact-neutral rollover of unused quota from June. The July quota
was adjusted from 2,500 Chinook salmon to 4,495 Chinook salmon.
Effective dates: Inseason action #9 took effect July 4, 2019, and
remained in effect through the end of the July quota period on July 31,
2019.
Reason and authorization for the action: The purpose of inseason
action #9 was to be consistent with the annual management measures,
which state that any remaining portion of Chinook quotas in the Oregon
KMZ may be transferred inseason on an impact-neutral basis to the next
open quota period (84 FR 19729, May 6, 2019). The RA considered Chinook
salmon landings to date and the calculations of the Council's Salmon
Technical Team (STT) for rolling over quota on an impact-neutral basis
for impacts to Klamath River fall-run Chinook salmon (KRFC), impacts to
age-4 KRFC which serves as a surrogate for impacts to California
Coastal Chinook salmon (listed as threatened under the Endangered
Species Act (ESA)), and fifty-fifty tribal/nontribal sharing of KRFC
allowable catch. The RA determined inseason action was necessary to
meet management objectives set preseason. Inseason action to modify
quotas is authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#9 occurred on July 3, 2019. Representatives from NMFS, ODFW, CDFW, and
the Council participated in this consultation.
Inseason Action #10
Description of the action: Inseason action #10 increased the
landing limit in the commercial salmon fishery in the Oregon KMZ from
50 Chinook salmon to 125 Chinook salmon per vessel per landing week
(set preseason as Thursday through Wednesday).
Effective dates: Inseason action #10 took effect July 4, 2019, and
remained in effect through the scheduled closure of this fishery on
August 29, 2019.
Reason and authorization for the action: The purpose of inseason
action #10 was to provide greater access to available quota. The RA
considered Chinook landings to date, remaining Chinook salmon quota,
and fishery effort projections and determined inseason action was
necessary to meet management objectives set preseason. Inseason action
to modify limited retention regulations is authorized by 50 CFR
660.409(b)(1)(ii).
Consultation date and participants: Consultation on inseason action
#10 occurred on July 3, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #11
Description of the action: Inseason action #11 adjusted the July
quota in the commercial salmon fishery in the California KMZ to account
for an impact-neutral rollover of unused quota from June. The July
quota was adjusted from 2,500 Chinook salmon to 3,997 Chinook salmon.
Effective dates: Inseason action #11 took effect July 4, 2019, and
remained in effect through the end of the July quota period on July 31,
2019.
Reason and authorization for the action: The purpose of inseason
action #11 was to be consistent with the annual management measures,
which state that any remaining portion of Chinook quotas in the
California KMZ may be transferred inseason on an impact-neutral basis
to the next open quota period (84 FR 19729, May 6, 2019). The RA
considered Chinook salmon landings to date and the calculations of the
STT for rolling over quota on an impact-neutral basis for impacts to
Sacramento River fall-run Chinook salmon. The RA determined inseason
action was necessary to meet management objectives set preseason.
Inseason action to modify quotas is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#11 occurred on July 3, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #12
Description of the action: Inseason action #12 modified the daily
bag limit in the recreational fishery in the Neah Bay subarea to two
salmon, only one of which can be a Chinook salmon; previously, two
Chinook salmon could be retained.
Effective dates: Inseason action #12 took effect July 8, 2019, and
remained in effect until superseded by inseason action #14 on July 14,
2019.
Reason and authorization for the action: The purpose of inseason
action
[[Page 56139]]
#12 was to avoid exceeding the subarea quota for Chinook salmon. This
fishery opened on June 22, 2019, and had landed 28 percent of the
subarea Chinook salmon guideline in less than two weeks. The RA
considered Chinook salmon landings and fishery effort and determined
inseason action was necessary to stay within the quota. Inseason action
to modify recreational bag limits is authorized by 50 CFR
660.409(b)(1)(iii).
Consultation date and participants: Consultation on inseason action
#12 occurred on July 3, 2019. Representatives from NMFS, WDFW, ODFW,
and the Council participated in this consultation.
Inseason Action #13
Description of the action: Inseason action #13 adjusted the July-
September quota in the commercial salmon fishery north of Cape Falcon
to account for an impact-neutral rollover of unused quota from the May-
June fishery in the same area. The July-September quota was increased
from 13,050 to 19,257 Chinook salmon.
Effective dates: Inseason action #13 took effect July 12, 2019, and
remained in effect through the scheduled closure of the fishery on
September 30, 2019.
Reason and authorization for the action: The purpose of inseason
action #13 was to be consistent with the annual management measures,
which state that any remaining portion of Chinook quotas in the north
of Cape Falcon commercial fishery may be transferred inseason on an
impact-neutral basis to the next open quota period (84 FR 19729, May 6,
2019). The RA considered Chinook salmon landings to date and the
calculations of the STT for rolling over quota on an impact-neutral
basis for impacts to ESA-listed Lower Columbia River tule Chinook
salmon and Puget Sound Chinook salmon. The RA determined inseason
action was necessary to meet management objectives set preseason.
Inseason action to modify quotas is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#13 occurred on July 12, 2019. Representatives from NMFS, WDFW, ODFW,
and the Council participated in this consultation.
Inseason Action #14
Description of the action: Inseason action #14 modified the daily
bag limit in the recreational ocean salmon fishery in the Neah Bay
subarea to prohibit retention of Chinook salmon.
Effective dates: Inseason action #14 superseded inseason action
#12, above, on July 14, 2019, and remained in effect through the
scheduled closure of the fishery on September 30, 2019.
Reason and authorization for the action: The purpose of inseason
action #14 was to avoid exceeding the subarea guideline for Chinook
salmon. In the two weeks since this fishery opened on June 22, 2019,
nearly 60 percent of the subarea guideline for Chinook salmon had been
landed. WDFW recommended prohibiting retention of Chinook salmon to
ensure sufficient impacts available to account for incidental mortality
of Chinook salmon while the fishery targeted coho salmon for the
remainder of the season. The RA considered Chinook salmon landings and
fishery effort and determined inseason action was necessary to stay
within the guideline and meet management objectives set preseason.
Inseason action to modify recreational bag limits is authorized by 50
CFR 660.409(b)(1)(iii).
Consultation date and participants: Consultation on inseason action
#14 occurred on July 12, 2019. Representatives from NMFS, WDFW, ODFW,
and the Council participated in this consultation.
Inseason Action #15
Description of the action: Inseason action #15 modified the daily
bag limit in the recreational ocean salmon fishery in the La Push
subarea, to two salmon per day, only one of which can be a Chinook
salmon; previously, two Chinook salmon could be retained.
Effective dates: Inseason action #15 took effect on July 15, 2019,
and remained in effect through the scheduled closure of the fishery on
September 30, 2019.
Reason and authorization for the action: The purpose of inseason
action #15 was to avoid exceeding the subarea guideline for Chinook
salmon. This subarea had a small guideline for Chinook salmon and, with
the prohibition of Chinook salmon retention in the neighboring Neah Bay
subarea (see inseason action #14, above), there was concern that effort
shift to La Push would quickly exhaust the available Chinook salmon
guideline. The RA considered Chinook salmon landings and fishery effort
and determined inseason action was necessary to stay within the
guideline and meet management objectives set preseason. Inseason action
to modify recreational bag limits is authorized by 50 CFR
660.409(b)(1)(iii).
Consultation date and participants: Consultation on inseason action
#15 occurred on July 12, 2019. Representatives from NMFS, WDFW, ODFW,
and the Council participated in this consultation.
Inseason Action #16
Description of the action: Inseason action #16 reduced the landing
and possession limit for halibut caught incidental to the commercial
ocean salmon fishery from the U.S./Canada border to the U.S./Mexico
border from 15 to 4 halibut per vessel per trip, all other restrictions
remained as set preseason.
Effective dates: Inseason action #16 superseded inseason action #7,
above, on July 19, 2019, and remained in effect until superseded by
inseason action #19, below, on July 27, 2019.
Reason and authorization for the action: The purpose of inseason
action #16 was to extend access to available incidental halibut
allocation without exceeding the allocation. At the time of this
inseason consultation, 10.6 percent of the halibut allocation remained
available. The RA considered Chinook salmon and halibut landings and
fishery effort and determined inseason action was necessary to extend
access to available halibut and stay within the allocation. Inseason
action to modify species that may be caught and landed during specific
seasons and the establishment of modification of limited retention
regulations are authorized by 50 CFR 660.409(b)(1)(ii).
Consultation date and participants: Consultation on inseason action
#16 occurred on July 17, 2019. Representatives from NMFS, WDFW, ODFW,
CDFW, and the Council participated in this consultation.
Inseason Action #17
Description of the action: Inseason action #17 increased the
landing limit in the commercial ocean salmon fishery in the California
KMZ from 20 to 50 Chinook salmon per vessel per day.
Effective dates: Inseason action #17 took effect on July 19, 2019,
and remained in effect until superseded by inseason action #24 on
August 12, 2019.
Reason and authorization for the action: The purpose of inseason
action #17 was to provide increased access available Chinook salmon
quota. Landings in the California KMZ in June and early July were low.
At the time of this inseason consultation, the fishery had only landed
two percent of the adjusted July quota. The RA considered Chinook
salmon landings and fishery effort and determined inseason action was
necessary to meet management goals set preseason. Inseason action to
modify limited retention regulations is authorized by 50 CFR
660.409(b)(1)(ii).
[[Page 56140]]
Consultation date and participants: Consultation on inseason action
#17 occurred on July 17, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #18
Description of the action: Inseason action #18 imposed a landing
limit of 125 Chinook salmon per vessel per landing week (set preseason
as Thursday through Wednesday) in the commercial ocean salmon fishery
from the U.S./Canada border to Cape Falcon, OR.
Effective dates: Inseason action #18 took effect on July 19, 2019,
and remained in effect until superseded by inseason action #25 on
August 16, 2019.
Reason and authorization for the action: The purpose of inseason
action #18 was to set a precautionary landing limit on this fishery
which opened July 1, 2019, with a Chinook salmon quota, but no landing
limit, set preseason. The fishery landed 43 percent of the Chinook
salmon quota in the first 17 days of the fishery. The RA considered
Chinook salmon landings and fishery effort and determined inseason
action was necessary to sustain season length while remaining within
the quota. Inseason action to establish or modify limited retention
regulations is authorized by 50 CFR 660.409(b)(1)(ii).
Consultation date and participants: Consultation on inseason action
#18 occurred on July 17, 2019. Representatives from NMFS, WDFW, ODFW,
and the Council participated in this consultation.
Inseason Action #19
Description of the action: Inseason action #19 reduced the landing
and possession limit for halibut caught incidental to the commercial
ocean salmon fishery from the U.S./Canada border to the U.S./Mexico
border from 4 to 2 halibut per vessel per trip, all other restrictions
remained as set preseason.
Effective dates: Inseason action #19 superseded inseason action
#16, above, on July 27, 2019, and remains in effect until all 2019
commercial salmon fisheries close, unless superseded by inseason
action.
Reason and authorization for the action: The purpose of inseason
action #19 was to extend access to available incidental halibut
allocation without exceeding the allocation. At the time of this
inseason consultation, 9.1 percent of the allocation remained
available. The RA considered Chinook salmon and halibut landings and
fishery effort and determined inseason action was necessary to extend
access to available halibut and stay within the allocation. Inseason
action to modify species that may be caught and landed during specific
seasons and the establishment of modification of limited retention
regulations are authorized by 50 CFR 660.409(b)(1)(ii).
Consultation date and participants: Consultation on inseason action
#19 occurred on July 24, 2019. Representatives from NMFS, WDFW, ODFW,
CDFW, and the Council participated in this consultation.
Inseason Action #20
Description of the action: Inseason action #20 adjusted the August
quota in the commercial salmon fishery in the California KMZ to account
for an impact-neutral rollover of unused quota from July. The August
quota was adjusted from 2,000 Chinook salmon to 4,293 Chinook salmon.
Effective dates: Inseason action #20 took effect August 2, 2019,
and remained in effect through the scheduled closure of this fishery on
August 31, 2019.
Reason and authorization for the action: The purpose of inseason
action #20 was to be consistent with the annual management measures,
which state that any remaining portion of Chinook quotas in the
California KMZ may be transferred inseason on an impact-neutral basis
to the next open quota period (84 FR 19729, May 6, 2019). The RA
considered Chinook salmon landings to date and the calculations of the
STT for rolling over quota on an impact-neutral basis for impacts to
Sacramento River fall-run Chinook salmon. The RA determined inseason
action was necessary to meet management objectives set preseason.
Inseason action to modify quotas is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#20 occurred on August 2, 2019. Representatives from NMFS, ODFW, and
CDFW. Council staff were unavailable to participate, but were notified
of the RA's decision immediately after the consultation.
Inseason Action #21
Description of the action: Inseason action #21 adjusted the August
quota in the commercial salmon fishery in the Oregon KMZ to account for
an impact-neutral rollover of unused quota from July. The August quota
was adjusted from 1,200 Chinook salmon to 4,330 Chinook salmon.
Effective dates: Inseason action #21 took effect August 2, 2019,
and remained in effect through the scheduled closure of this fishery on
August 29, 2019.
Reason and authorization for the action: The purpose of inseason
action #21 was to be consistent with the annual management measures,
which state that any remaining portion of Chinook quotas in the Oregon
KMZ may be transferred inseason on an impact-neutral basis to the next
open quota period (84 FR 19729, May 6, 2019). The RA considered Chinook
salmon landings to date and the calculations of the STT for rolling
over quota on an impact-neutral basis for impacts to KRFC, impacts to
age-4 KRFC which serves as a surrogate for impacts to California
Coastal Chinook salmon (listed as threatened under the ESA), and fifty-
fifty tribal/nontribal sharing of KRFC allowable catch. The RA
determined inseason action was necessary to meet management objectives
set preseason. Inseason action to modify quotas is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#21 occurred on August 2, 2019. Representatives from NMFS, ODFW, and
CDFW. Council staff were unavailable to participate, but were notified
of the RA's decision immediately after the consultation.
Inseason Action #22
Description of the action: Inseason action #22 temporarily closed
the commercial salmon fishery in the California KMZ.
Effective dates: Inseason action #22 took effect on August 5, 2019,
and remained in effect until superseded by inseason action #24 on
August 12, 2019.
Reason and authorization for the action: The purpose of inseason
action #22 was to avoid exceeding the subarea quota for Chinook salmon.
Landings in the first two open days of August were unexpectedly high
and there was concern the quota would be exceeded. The RA considered
Chinook salmon landings and fishery effort and determined inseason
action was necessary to prevent exceeding the quota. Inseason action to
modify fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#22 occurred on August 5, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #23
Description of the action: Inseason action #23 modified the daily
bag limit in the recreational ocean salmon fishery
[[Page 56141]]
in the Westport subarea to allow retention of two Chinook salmon per
day. Previously, the two salmon per day landing limit allowed retention
of only one Chinook salmon.
Effective dates: Inseason action #23 took effect on August 10,
2019, and remained in effect until the scheduled closure of the fishery
on September 30, 2019.
Reason and authorization for the action: The purpose of inseason
action #23 was to allow access to available subarea guideline for
Chinook salmon. At the time of this inseason consultation the Westport
fishery had only landed 11 percent of the subarea guideline for Chinook
salmon. The RA considered Chinook salmon landings and fishery effort
and determined inseason action was necessary to meet management
objectives set preseason. Inseason action to modify recreational bag
limits is authorized by 50 CFR 660.409(b)(1)(iii).
Consultation date and participants: Consultation on inseason action
#23 occurred on August 7, 2019. Representatives from NMFS, WDFW, and
ODFW participated in this consultation. Council staff were unavailable
to participate, but were notified of the RA's decision immediately
after the consultation.
Inseason Action #24
Description of the action: Inseason action #24 reopened the
commercial ocean salmon fishery in the California KMZ with a landing
and possession limit of 15 Chinook salmon per vessel per day; the
previous landing and possession limit was 50 Chinook salmon per vessel
per day.
Effective dates: Inseason action #24 took effect on August 12,
2019, superseding inseason actions #17 and #22, above, to reopen the
fishery and modify the landing and possession limit. Inseason action
#24 remained in effect through the scheduled closure of the fishery on
August 31, 2019.
Reason and authorization for the action: The purpose of inseason
action #24 was to allow access to available Chinook salmon quota
without exceeding the quota. Subsequent to the temporary closure of
this fishery on August 5, 2019 (see inseason action #22, above), 1,093
Chinook salmon remained available on the August quota. CDFW recommended
reopening the fishery to access this quota, but reducing the landing
limit to keep landings within the quota. The RA considered Chinook
salmon landings and fishery effort and determined inseason action was
necessary to stay within the quota. Inseason action to modify fishing
seasons is authorized by 50 CFR 660.409(b)(1)(i). Inseason action to
modify limited retention regulations is authorized by 50 CFR
660.409(b)(1)(ii).
Consultation date and participants: Consultation on inseason action
#24 occurred on August 8, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #25
Description of the action: Inseason action #25 increased the
landing limit from 125 to 160 Chinook salmon per vessel per landing
week (set preseason as Thursday through Wednesday) in the commercial
ocean salmon fishery from the U.S./Canada border to Cape Falcon, OR.
The landing limit for coho in this fishery was unchanged.
Effective dates: Inseason action #25 superseded inseason action #18
on August 16, 2019, and remained in effect until the scheduled closure
of this fishery on September 30, 2019.
Reason and authorization for the action: The purpose of inseason
action #25 was to provide access to available Chinook salmon quota
without exceeding the quota. At the time of the inseason consultation,
the fishery had 28 percent of the adjusted July-September Chinook
salmon quota remaining. The RA considered Chinook salmon landings and
fishery effort and determined inseason action was necessary to sustain
season length while remaining within the quota. Inseason action to
establish or modify limited retention regulations is authorized by 50
CFR 660.409(b)(1)(ii).
Consultation date and participants: Consultation on inseason action
#25 occurred on August 15, 2019. Representatives from NMFS, WDFW, ODFW,
and the Council participated in this consultation.
Inseason Action #26
Description of the action: Inseason action #26 modified the quota
for the recreational non-mark-selective coho fishery from Cape Falcon,
OR, to Humbug Mountain, OR, from 9,000 to 15,640 non-mark-selective
coho due to an impact-neutral rollover of remaining quota from the
recreational mark-selective coho fishery that ended August 25, 2019.
Effective dates: Inseason action #26 took effect on September 6,
2019, and remained in effect through the scheduled closure of this
fishery on September 30, 2019.
Reason and authorization for the action: The purpose of inseason
action #26 was to be consistent with the annual management measures,
which state that any remainder of the mark-selective coho quota may be
transferred inseason on an impact-neutral basis to the non-mark-
selective coho quota from Cape Falcon, OR, to Humbug Mountain, OR (84
FR 19729, May 6, 2019). The RA considered Chinook salmon landings to
date and the calculations of the STT for rolling over quota on an
impact-neutral basis for impacts to Oregon Coast Natural coho. The RA
determined inseason action was necessary to meet management objectives
set preseason. Inseason action to modify quotas is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#26 occurred on September 4, 2019. Representatives from NMFS, ODFW,
CDFW and the Council participated in this consultation.
Inseason Action #27
Description of the action: Inseason action #27 modified the open
dates in the recreational non-mark-selective coho fishery from Cape
Falcon, OR, to Humbug Mountain, OR. This action added Monday, September
23, 2019 through Thursday, September 26, 2019, to the scheduled open
dates for this fishery.
Effective dates: Inseason action #27 took effect on September 23,
2019, and remained in effect until the scheduled closure of this
fishery on September 30, 2019.
Reason and authorization for the action: The purpose of inseason
action #27 was to provide access to available coho quota. With ten days
remaining on the season, 41 percent of the non-mark-selective coho
quota remained uncaught. The RA considered Chinook salmon landings and
fishery effort and determined inseason action was necessary to be
consistent with management objectives set preseason. Inseason action to
modify fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#27 occurred on September 20, 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 2019 ocean salmon fisheries and 2020 salmon fisheries
opening prior to May 1, 2020 (84 FR 19729, May 6, 2019), and as
modified by prior inseason actions.
The RA determined that the best available information indicated
that Chinook salmon abundance forecasts, incidental halibut allocation,
and expected fishery effort in 2019 supported the above inseason
actions recommended by the states of
[[Page 56142]]
Washington, 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 (84 FR 19729, May 6, 2019), 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: October 15, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-22772 Filed 10-18-19; 8:45 am]
BILLING CODE 3510-22-P
