Fisheries Off West Coast States; Modifications of the West Coast Recreational and Commercial Salmon Fisheries; Inseason Actions #1 through #5, 27687-27689 [2020-10029]
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Federal Register / Vol. 85, No. 91 / Monday, May 11, 2020 / Rules and Regulations
their transmission formula rates.77
While this requirement relates to
regulatory assets and regulatory
liabilities more broadly, in the context
of tax rate changes and Order No. 144,
it functioned as the way in which public
utilities with transmission formula rates
complied with Order No. 144 and the
Commission’s regulations. Specifically,
it represented the way that a public
utility with transmission formula rates
began ‘‘the process of making up
deficiencies in or eliminating excesses
in their deferred tax so that, within a
reasonable period of time . . . they will
be operating under a full normalization
policy’’ following a tax rate change.78 If
the Commission accepted such a filing
by a public utility with transmission
formula rates, then that public utility
would have a Commission-approved
ratemaking method for that specific tax
rate change consistent with the
Commission’s regulations. However,
this approach generally required such
filings to seek approval of a new
ratemaking method after each tax rate
change by public utilities with
transmission formula rates.
36. As a result of Order No. 864,
public utilities with transmission
formula rates are no longer required to
make a filing pursuant to FPA section
205 to obtain Commission approval
prior to including excess and deficient
ADIT in their transmission formula rates
following future changes to tax rates.79
Instead, the Commission required
public utilities with transmission
formula rates to implement certain
mechanisms that accurately reflect
excess or deficient ADIT in their
formula rates, which will serve as the
ratemaking method for the Tax Cuts and
Jobs Act and all future tax rate changes
and ensure that excess and deficient
ADIT are automatically included in a
public utility’s transmission formula
rate following a tax rate change.
37. The Commission’s requirements
in Order No. 864 apply equally to
Exelon Companies and all other public
utilities with transmission formula
rates. Similar to most public utilities
with transmission formula rates at the
time of the Tax Cuts and Jobs Act,
Exelon Companies lacked a mechanism
in its formula rates and did not have a
Commission-approved ratemaking
method to address excess and deficient
ADIT resulting from the Tax Cuts and
Jobs Act.80 Thus, public utilities with
77 PJM
Interconnection, L.L.C., 165 FERC
¶ 61,275, at P 28 (2018).
78 Order No. 144, FERC Stats. & Regs. ¶ 30,254 at
31,560.
79 Order No. 864, 169 FERC ¶ 61,139 at P 48.
80 In its rehearing request, Exelon Companies
argue that the Commission’s rate base justification
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transmission formula rates, including
Exelon Companies, are required under
Order No. 864 to return the full amount
of excess ADIT and recover the full
amount deficient ADIT resulting from
the Tax Cuts and Jobs Act. It is
appropriate to return the full amount of
excess and deficient ADIT resulting
from the Tax Cuts and Jobs Act because
Order No. 144 provides that public
utilities will have a reasonable amount
of time to begin accounting for excess or
deficient ADIT if such public utilities
lack a Commission-approved
ratemaking method for addressing
excess and deficient ADIT. By
complying with Order No. 864, all
public utilities with transmission
formula rates will ‘‘begin the process of
making up deficiencies in or eliminating
excesses in their deferred tax so that,
within a reasonable period of time . . .
they will be operating under a full
normalization policy’’ following the Tax
Cuts and Jobs Act in accordance with
Order No. 144.81 These public utilities
will also have a Commission-approved
ratemaking method, and therefore, will
comply with the Commission’s
regulations.82 Additionally, because
excess and deficient ADIT will be
automatically included in transmission
formula rates following future tax rate
changes pursuant to this Commissionapproved ratemaking method, public
utilities with transmission formula rates
will be able to maintain compliance
with Order No. 144 and the
Commission’s regulations going forward
without seeking additional Commission
approval through an FPA section 205
filing.
III. Document Availability
38. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page www.ferc.gov.
for treating public utilities with transmission
formula rates differently than those with
transmission stated rates is inapplicable to them
because Exelon Companies’ formula rates have
always contained ‘‘an adjustment to rate base to
subtract FAS 109 amounts from the deferred tax
calculation.’’ Exelon Companies Rehearing at 10–
11. To the extent Exelon Companies’ assertion is
true, we agree that this rate base explanation is
inapplicable to Exelon Companies. However, as
discussed elsewhere, Exelon Companies failed to
seek recovery of past deficient ADIT within a
reasonable period of time in its next rate case. It is
for this reason that Exelon Companies are unable
to recover past deficient ADIT. This is also
distinguishable from the circumstances surrounding
the Commission’s issuance of Order No. 864, as
discussed elsewhere. See supra at PP 32–37.
81 Order No. 144, FERC Stats. & Regs. ¶ 30,254 at
31,560.
82 18 CFR 35.24(c)(2) and (3).
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27687
At this time, the Commission has
suspended access to the Commission’s
Public Reference Room due to the
President’s March 13, 2020
proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19).
39. From the Commission’s Home
Page on the internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits in the docket number
field.
40. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from
FERC Online Support at (202) 502–6652
(toll free at 1–866–208–3676) or email at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. Email the
Public Reference Room at
public.referenceroom@ferc.gov.
IV. Dates
41. The effective date of the document
published on November 27, 2019 (84 FR
65281), is confirmed: January 27, 2020.
By the Commission.
Issued: April 16, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020–08634 Filed 5–8–20; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180702602–9400–01]
[RTID 0648 –XW022]
Fisheries Off West Coast States;
Modifications of the West Coast
Recreational and Commercial Salmon
Fisheries; Inseason Actions #1
through #5
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of fishing seasons.
AGENCY:
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 the U.S./
Mexico border.
SUMMARY:
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Federal Register / Vol. 85, No. 91 / Monday, May 11, 2020 / Rules and Regulations
The effective dates for the
inseason actions are set out in this
document under the heading Inseason
Actions.
FOR FURTHER INFORMATION CONTACT:
Christina Iverson at 360–753–6038 or
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION:
DATES:
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 Cape Falcon,
OR, 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) and
Oregon Department of Fish and Wildlife
(ODFW).
khammond on DSKJM1Z7X2PROD with RULES
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, 2020, to April 15,
2020.
Effective dates: Inseason action #1
took effect on March 15, 2020, and
remains in effect until modified by
further inseason action or superseded by
the 2020 annual management measures.
Reason and authorization for the
action: The purpose of inseason action
#1 was to limit fishery impacts on
Klamath River fall-run Chinook salmon
(KRFC) which have a low abundance
forecast in 2020. This stock was
determined by NMFS in 2018 to be
overfished and is being managed in
2020 under the Council’s recommended
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16:07 May 08, 2020
Jkt 250001
rebuilding plan, which NMFS has
proposed to approve (85 FR 6135,
February 4, 2020). The NMFS West
Coast Regional Administrator (RA)
considered Chinook salmon forecasts
and anticipated fishery impacts for 2020
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 8, 2020.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
Inseason Action #2
Description of the action: Inseason
action #2 canceled the commercial
salmon fishery from Horse Mountain,
CA, to Point Arena, CA, that was
previously scheduled to be open April
16, 2020 through April 30, 2020.
Effective dates: Inseason action #2
will take effect April 16, 2020, and
remains in effect unless modified by
further inseason action or superseded by
the 2020 annual management measures.
Reason and authorization for the
action: The purpose of inseason action
#2 was to limit fishery impacts on
KRFC, as described above in inseason
action #1. The RA considered Chinook
salmon forecasts and anticipated fishery
impacts for 2020 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 8, 2020.
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
4, 2020, to April 11, 2020.
Effective dates: Inseason action #3
took effect on April 4, 2020, and
remains in effect until modified by
further inseason action or superseded by
the 2020 annual management.
Reason and authorization for the
action: The purpose of inseason action
#3 was to limit fishery impacts on
KRFC, as described above in inseason
action #1. The RA considered Chinook
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salmon forecasts and anticipated fishery
impacts for 2020 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 8, 2020.
Representatives from NMFS, ODFW,
CDFW, and the Council participated in
this consultation.
Inseason Action #4
Description of the action: Inseason
action #4 closed the recreational salmon
fisheries from Horse Mountain, CA, to
the U.S./Mexico border, previously
scheduled to open in April 2020.
Effective dates: Inseason action #4
took effect on April 1, 2020, and
remains in effect until April 30, 2020,
unless modified by further inseason
action or superseded by the 2020 annual
management.
Reason and authorization for the
action: Inseason action #4 was
recommended by CDFW in response to
restrictions enacted by the State of
California and various local
jurisdictions to address public health
concerns. These restrictions include a
statewide mandate for all individuals
living in the State of California to stay
home or at their place of residence,
except as needed to maintain continuity
of operation of essential critical
infrastructure (State of California
Executive Order N–33–20) and the
concurrent closure of boat launches and
marinas. CDFW recommended that
closing these recreational fisheries in
April would allow the impacts to be
utilized in other time and area fisheries
later in the year. The RA considered
actions by the State of California and
local jurisdictions which restricted
access to the fishery by the public and
determined that this inseason action
was consistent with promoting public
health and safety and that re-allocating
fishery impacts to later in the season
under the 2020 salmon management
measures would be consistent with the
need to meet fishery management
objectives. Inseason modification of
fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #5
Description of the action: Inseason
action #5 postponed the commercial
salmon fisheries from Cape Falcon, OR,
to Humbug Mountain, OR, and from
Humbug Mountain, OR, to the Oregon/
California border, previously scheduled
to open April 15, 2020, to open April
20, 2020, through May 5, 2020.
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Federal Register / Vol. 85, No. 91 / Monday, May 11, 2020 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
Effective dates: Inseason action #5
took effect on April 15, 2020, and
remains in effect unless modified by
further inseason action or superseded by
the 2020 annual management.
Reason and authorization for the
action: Inseason action #5 was
recommended to limit fishery impacts
on KRFC, as described above in
inseason action #1. The RA considered
Chinook salmon forecasts and
anticipated fishery impacts for 2020 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 8, 2020.
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 6,
2020 (84 FR 19729, May 6, 2019), and
as modified by prior inseason actions.
The RA determined that the above
inseason actions recommended by the
states of Oregon and California were
warranted and based on the best
available information, as represented by
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16:07 May 08, 2020
Jkt 250001
the 2020 Chinook salmon abundance
forecasts and expected fishery effort in
2020, and supported concerns regarding
public health and safety, as described
above. 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
PO 00000
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Fmt 4700
Sfmt 9990
27689
(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 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 to ensure 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 6, 2020.
He´le`ne M.N. Scalliet,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–10029 Filed 5–8–20; 8:45 am]
BILLING CODE 3510–22–P
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11MYR1
]]>Agencies
[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Rules and Regulations]
[Pages 27687-27689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10029]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180702602-9400-01]
[RTID 0648 -XW022]
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 the
U.S./Mexico border.
[[Page 27688]]
DATES: The effective dates for the inseason actions are set out in this
document under the heading Inseason Actions.
FOR FURTHER INFORMATION CONTACT: Christina Iverson at 360-753-6038 or
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 Cape Falcon, OR,
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) and Oregon Department
of Fish and Wildlife (ODFW).
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, 2020, to April 15, 2020.
Effective dates: Inseason action #1 took effect on March 15, 2020,
and remains in effect until modified by further inseason action or
superseded by the 2020 annual management measures.
Reason and authorization for the action: The purpose of inseason
action #1 was to limit fishery impacts on Klamath River fall-run
Chinook salmon (KRFC) which have a low abundance forecast in 2020. This
stock was determined by NMFS in 2018 to be overfished and is being
managed in 2020 under the Council's recommended rebuilding plan, which
NMFS has proposed to approve (85 FR 6135, February 4, 2020). The NMFS
West Coast Regional Administrator (RA) considered Chinook salmon
forecasts and anticipated fishery impacts for 2020 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 8, 2020. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #2
Description of the action: Inseason action #2 canceled the
commercial salmon fishery from Horse Mountain, CA, to Point Arena, CA,
that was previously scheduled to be open April 16, 2020 through April
30, 2020.
Effective dates: Inseason action #2 will take effect April 16,
2020, and remains in effect unless modified by further inseason action
or superseded by the 2020 annual management measures.
Reason and authorization for the action: The purpose of inseason
action #2 was to limit fishery impacts on KRFC, as described above in
inseason action #1. The RA considered Chinook salmon forecasts and
anticipated fishery impacts for 2020 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 8, 2020. 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 4, 2020, to
April 11, 2020.
Effective dates: Inseason action #3 took effect on April 4, 2020,
and remains in effect until modified by further inseason action or
superseded by the 2020 annual management.
Reason and authorization for the action: The purpose of inseason
action #3 was to limit fishery impacts on KRFC, as described above in
inseason action #1. The RA considered Chinook salmon forecasts and
anticipated fishery impacts for 2020 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 8, 2020. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #4
Description of the action: Inseason action #4 closed the
recreational salmon fisheries from Horse Mountain, CA, to the U.S./
Mexico border, previously scheduled to open in April 2020.
Effective dates: Inseason action #4 took effect on April 1, 2020,
and remains in effect until April 30, 2020, unless modified by further
inseason action or superseded by the 2020 annual management.
Reason and authorization for the action: Inseason action #4 was
recommended by CDFW in response to restrictions enacted by the State of
California and various local jurisdictions to address public health
concerns. These restrictions include a statewide mandate for all
individuals living in the State of California to stay home or at their
place of residence, except as needed to maintain continuity of
operation of essential critical infrastructure (State of California
Executive Order N-33-20) and the concurrent closure of boat launches
and marinas. CDFW recommended that closing these recreational fisheries
in April would allow the impacts to be utilized in other time and area
fisheries later in the year. The RA considered actions by the State of
California and local jurisdictions which restricted access to the
fishery by the public and determined that this inseason action was
consistent with promoting public health and safety and that re-
allocating fishery impacts to later in the season under the 2020 salmon
management measures would be consistent with the need to meet fishery
management objectives. Inseason modification of fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #5
Description of the action: Inseason action #5 postponed the
commercial salmon fisheries from Cape Falcon, OR, to Humbug Mountain,
OR, and from Humbug Mountain, OR, to the Oregon/California border,
previously scheduled to open April 15, 2020, to open April 20, 2020,
through May 5, 2020.
[[Page 27689]]
Effective dates: Inseason action #5 took effect on April 15, 2020,
and remains in effect unless modified by further inseason action or
superseded by the 2020 annual management.
Reason and authorization for the action: Inseason action #5 was
recommended to limit fishery impacts on KRFC, as described above in
inseason action #1. The RA considered Chinook salmon forecasts and
anticipated fishery impacts for 2020 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 8, 2020. 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 6, 2020 (84 FR 19729, May 6, 2019), and as
modified by prior inseason actions.
The RA determined that the above inseason actions recommended by
the states of Oregon and California were warranted and based on the
best available information, as represented by the 2020 Chinook salmon
abundance forecasts and expected fishery effort in 2020, and supported
concerns regarding public health and safety, as described above. 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 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 to ensure 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 6, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-10029 Filed 5-8-20; 8:45 am]
BILLING CODE 3510-22-P
