Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #1 through #9, 16540-16542 [2021-06516]
Download as PDF
<![CDATA[
16540
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Rules and Regulations
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Landfills, Methane, Ozone, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: March 23, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 62 is amended as follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
nara.gov or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
(b) State of South Dakota, Legislative
Research Council, 5007, 500 E Capitol
Ave. #3, Pierre, SD 57501, (605) 773–
3251, https://rules.sd.gov/;
Administrative Rules of South Dakota
(ARSD). Title 74 South Dakota
Department of Environment and Natural
Resources:
(1) 74:36:01:19 ARSD, Article 74:36—
Air Pollution Control Program, Chapter
01—Definitions, Section 19—Existing
municipal solid waste landfill defined,
effective November 25, 2019.
(2) 74:36:07:94 through 145 ARSD,
Article 74:36—Air Pollution Control
Program, Chapter 07—New Source
Performance Standards, Sections 94
through 145, effective November 25,
2019.
[FR Doc. 2021–06360 Filed 3–29–21; 8:45 am]
Subpart QQ—South Dakota
BILLING CODE 6560–50–P
2. Revise §§ 62.10350, 62.10351, and
62.10352 to read as follows:
■
§ 62.10350
Section 111(d) State Plan for Existing
Municipal Solid Waste Landfills and the
associated State regulations contained
in the Administrative Rules of South
Dakota (ARSD) at 74:36:01:19 and
74:36:07:94—145 ARSD (incorporated
by reference, see § 62.10353), submitted
by the State on January 3, 2020.
§ 62.10351
Identification of sources.
The plan applies to all existing
municipal solid waste landfills under
the jurisdiction of the South Dakota
Department of Environment and Natural
Resources for which construction,
reconstruction, or modification was
commenced on or before July 17, 2014,
and are subject to the requirements of 40
CFR part 60, subpart Cf.
§ 62.10352
jbell on DSKJLSW7X2PROD with RULES
Incorporation by reference.
(a) The material incorporated by
reference in this subpart was approved
by the Director of the Federal Register
Office in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. The material
may be inspected or obtained from the
EPA Region 8 office, 1595 Wynkoop
Street, Denver, CO 80202–1129, 303–
312–6312 or from the other sources
listed in this section. It may also be
inspected at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, email fedreg.legal@
VerDate Sep<11>2014
15:52 Mar 29, 2021
National Oceanic and Atmospheric
Administration
Management Areas
50 CFR Part 660
[Docket No. 200505–0127; RTID 0648–
XA944]
Fisheries Off West Coast States;
Modifications of the West Coast
Commercial and Recreational Salmon
Fisheries; Inseason Actions #1
through #9
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason modification of 2021
management measures.
AGENCY:
NMFS announces nine
inseason actions in the 2021 ocean
salmon fisheries. These inseason actions
modified the commercial and
recreational salmon fisheries in the area
from Cape Falcon, OR to Pigeon Point,
CA.
DATES: The effective dates for the
inseason actions are set out in this
document under the heading Inseason
Actions.
SUMMARY:
Effective date.
The effective date of the plan for
existing municipal solid waste landfills
is April 29, 2021.
■ 3. Add § 62.10353 to read as follows:
§ 62.10353
DEPARTMENT OF COMMERCE
Identification of plan.
Jkt 253001
FOR FURTHER INFORMATION CONTACT:
Christina Iverson at 360–742–2506,
Email: Christina.iverson@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
In the 2020 annual management
measures for ocean salmon fisheries (85
FR 27317, May 8, 2020), NMFS
announced management measures for
PO 00000
Frm 00034
Fmt 4700
the commercial and recreational
fisheries in the area from U.S./Canada
border to the U.S./Mexico border,
effective from 0001 hours Pacific
Daylight Time (PDT), May 6, 2020, until
the effective date of the 2021
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 Chairman of 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: The
Oregon Department of Fish and Wildlife
(ODFW) and the California Department
of Fish and Wildlife (CDFW).
Sfmt 4700
Management of the salmon fisheries is
generally divided into two geographic
areas: North of Cape Falcon (NOF)
(U.S./Canada border to Cape Falcon,
OR) and south of Cape Falcon (SOF)
(Cape Falcon, OR, to the U.S./Mexico
border). The actions described in this
document affected SOF fisheries as set
out under the heading Inseason Actions.
Reason and Authorization for Inseason
Actions #1–#9
The fisheries affected by the inseason
actions described below were
authorized in the final rule for 2020
annual management measures for ocean
salmon fisheries (85 FR 27317, May 8,
2020). At its March 2–11, 2021 meeting,
the Council’s Salmon Technical Team
(STT) presented updated stock
abundance forecasts for salmon stocks
managed under the Pacific Coast
Salmon Fishery Management Plan
(FMP). Based on the STT’s report, SOF
ocean salmon fisheries will be
constrained in 2021 by the low
abundance forecast for Klamath River
fall-run Chinook salmon (KRFC), which
was determined to be overfished under
the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) in 2018. The forecast of potential
spawner abundance for KRFC in 2021 is
42,098 natural area spawners; this is 31
percent of the average forecast of
potential KRFC spawners over the
previous 9 years (2012–2020).
E:\FR\FM\30MRR1.SGM
30MRR1
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Rules and Regulations
NMFS is taking the inseason actions
described below to manage and
conserve SOF ocean salmon fishery
impacts on overfished KRFC by
reducing impacts in spring fisheries
through closure or shortened fisheries in
areas that impact KRFC. In Oregon,
these inseason actions include dividing
the area from Cape Falcon to Humbug
Mountain at the Heceta Bank Line,
which is the port area analysis boundary
used by the STT. This allows for finerscale management of fisheries in the
Northern Oregon (NO) (Cape Falcon to
Heceta Bank Line) and Central Oregon
(CO) (Heceta Bank Line to Humbug
Mountain) port areas. The NO and CO
port area impacts are analyzed
separately by the STT and in the
environmental assessment prepared
under the National Environmental
Policy Act (NEPA) (https://
media.fisheries.noaa.gov/dammigration/2020_ocean_salmon_
management_ea_and_fonsi.pdf) and
have different impacts on salmon
stocks; e.g., the NO port area has lower
impacts on KRFC than the CO port area.
The NMFS West Coast Regional
Administrator (RA) considered the
abundance forecasts for Chinook salmon
stocks and the impacts of the SOF ocean
salmon fisheries, as modeled by the
STT, and determined that the inseason
actions, described below, were
necessary to meet management and
conservation goals set preseason. These
inseason actions modify boundaries
under 50 CFR 660.409(b)(1)(v) and
fishing seasons under 50 CFR
660.409(b)(1)(i).
Consultation under 50 CFR 660.409(b)
on these inseason actions occurred on
March 10, 2021. Representatives from
NMFS, ODFW, CDFW, and Council staff
participated in this consultation. The
Council may consider further inseason
action at its April 6–15, 2021, meeting.
Inseason Actions
jbell on DSKJLSW7X2PROD with RULES
Inseason Action #1
Description of the action: Inseason
action #1 modified the boundaries in
the commercial ocean salmon fishery
between Cape Falcon, OR, and Humbug
Mountain, OR, by dividing the area
consistent with the NO and CO port
analysis areas at the Heceta Bank Line
(latitude 43°58′00″ N). The boundaries
of the resulting sub-areas are: Cape
Falcon, OR, to the Heceta Bank Line and
the Heceta Bank Line to Humbug
Mountain, OR.
Effective dates: Inseason action #1
took effect on March 11, 2021, and
remains in effect until superseded.
VerDate Sep<11>2014
15:52 Mar 29, 2021
Jkt 253001
16541
Inseason Action #2
Inseason Action #8
Description of the action: Inseason
action #2 delayed the opening date of
the commercial ocean salmon fishery
from Cape Falcon, OR, to the Heceta
Bank Line, previously scheduled to
open March 15, 2021. This fishery will
now open March 20, 2021.
Effective dates: Inseason action #2
took effect on March 15, 2021, and
remains in effect until superseded.
Description of the action: Inseason
action #8 closes the recreational ocean
salmon fishery from Horse Mountain,
CA, to Point Arena, CA, previously
scheduled to open April 3, 2021.
Effective dates: Inseason action #8
takes effect April 3, 2021, and remains
in effect until superseded.
Inseason Action #3
Description of the action: Inseason
action #3 delayed the opening date of
the commercial ocean salmon fishery
from the Heceta Bank Line to Humbug
Mountain, OR, previously scheduled to
open March 15, 2021.
Effective dates: Inseason action #3
took effect March 15, 2021, and remains
in effect until superseded.
Inseason Action #4
Description of the action: Inseason
action #4 delayed the opening date of
the commercial ocean salmon fishery
from Humbug Mountain, OR, to the
Oregon/California border, previously
scheduled to open March 15, 2021. This
fishery will now open March 20, 2021.
Effective dates: Inseason action #4
took effect March 15, 2021, and remains
in effect until superseded.
Inseason Action #5
Description of the action: Inseason
action #5 closes the commercial ocean
salmon fishery in the area from the
Oregon/California border to the
Humboldt South Jetty, CA, previously
scheduled for May 1, 2021 to May 31,
2021.
Effective dates: Inseason action #5
takes effect May 1, 2021, and remains in
effect until superseded.
Inseason Action #6
Description of the action: Inseason
action #6 delays the opening date of the
commercial ocean salmon fishery from
the Horse Mountain, CA, to Point Arena,
CA, previously scheduled to open April
15, 2021.
Effective dates: Inseason action #6
takes effect April 15, 2021, and remains
in effect until superseded.
Inseason Action #7
Description of the action: Inseason
action #7 closes the recreational ocean
salmon fishery from the Oregon/
California border to Horse Mountain,
CA, previously scheduled to open May
1, 2021.
Effective dates: Inseason action #7
takes effect May 1, 2021, and remains in
effect until superseded.
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
Inseason Action #9
Description of the action: Inseason
action #9 closes the opening date of the
recreational ocean salmon fishery from
Point Arena, CA, to Pigeon Point, CA,
previously scheduled to open April 3,
2021.
Effective dates: Inseason action #9
takes effect April 3, 2021, and remains
in effect until superseded.
All other restrictions and regulations
remain in effect as announced for the
2020 ocean salmon fisheries (85 FR
27317, May 8, 2020) and as modified by
previous inseason actions (85 FR 31707,
May 27, 2020, 85 FR 55784, September
10, 2020, and 86 FR 13824, March 11,
2021).
The RA determined that these
inseason actions, recommended by the
States of Oregon, and California, were
warranted based on the best available
information on Pacific salmon
abundance forecasts and anticipated
fishery effort. 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 at 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
NMFS issues these actions pursuant
to section 305(d) of the MSA. These
actions are required by 50 CFR 660.409,
which was issued pursuant to section
304(b), and is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
these actions, as notice and comment
would be impracticable and contrary to
the public interest. 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
abundance, catch, and effort
E:\FR\FM\30MRR1.SGM
30MRR1
16542
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Rules and Regulations
information was 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 overfished
salmon stocks are not exceeded. 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 (85 FR 27317, May 8, 2020),
the FMP, and regulations implementing
the FMP under 50 CFR 660.409 and
660.411.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date, as a delay in effectiveness
of these actions would allow fishing at
levels inconsistent with the goals of the
FMP and the current management
measures.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 25, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–06516 Filed 3–25–21; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No.: 210319–0060]
RIN 0648–BK41
Fisheries of the Exclusive Economic
Zone Off Alaska; IFQ Program; Modify
Temporary Transfer Provisions
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action; request for comments.
AGENCY:
NMFS issues this temporary
rule (referred to herein as ‘‘emergency
rule’’) to modify the temporary transfer
provision of the Individual Fishing
Quota (IFQ) Program for the fixed-gear
commercial Pacific halibut and sablefish
fisheries for the 2021 IFQ fishing year.
This emergency rule is intended to
provide flexibility to quota share (QS)
holders in 2021, while preserving the
Program’s long-standing objective of
maintaining an owner-operated IFQ
fishery in future years. This emergency
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:52 Mar 29, 2021
Jkt 253001
rule will not modify other provisions of
the IFQ Program. This emergency rule is
intended to promote the goals and
objectives of the IFQ Program, the
Magnuson-Stevens Fishery
Conservation and Management Act, the
Northern Pacific Halibut Act of 1982,
and other applicable laws.
DATES: Effective March 30, 2021 through
September 27, 2021, except for
§ 679.41(h)(2), which is effective
September 27, 2021. Comments must be
received by April 29, 2021.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2021–0022, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2021–0022 in the search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS. P.O.
Box 21668, Juneau AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the Regulatory
Impact Review (referred to as the
‘‘Analysis’’) and the Categorical
Exclusion prepared for this emergency
rule may be obtained from https://
www.regulations.gov or from the NMFS
Alaska Region website at https://
www.fisheries.noaa.gov/region/alaska.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this
emergency rule may be submitted to
NMFS at the above address and to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Abby Jahn, 907–586–7445, or
abby.jahn@noaa.gov.
SUPPLEMENTARY INFORMATION:
Authority for Action
The North Pacific Fishery
Management Council (Council)
developed the IFQ Program for the
commercial Pacific halibut (halibut) and
sablefish fisheries. The IFQ Program for
the sablefish fishery is implemented by
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP) and Federal regulations at 50 CFR
part 679 under the authority of section
303(b) of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The IFQ
Program for the halibut fishery is
implemented by Federal regulations at
50 CFR part 679 under the authority of
section 5 of the Northern Pacific Halibut
Act of 1982 (Halibut Act).
The International Pacific Halibut
Commission (IPHC) and NMFS manage
fishing for Pacific halibut through
regulations established under the
authority of the Halibut Act. The IPHC
promulgates regulations governing the
halibut fishery under the Convention
between the United States and Canada
for the Preservation of the Halibut
Fishery of the Northern Pacific Ocean
and Bering Sea (Convention). The
IPHC’s regulations are subject to
approval by the Secretary of State with
the concurrence of the Secretary of
Commerce (Secretary). NMFS publishes
the IPHC’s regulations as annual
management measures pursuant to 50
CFR 300.62.
Section 5 of the Halibut Act, 16 U.S.C.
773c(a) and (b), provides the Secretary
with general responsibility to carry out
the Convention and the Halibut Act.
Section 5(c) of the Halibut Act also
provides the Council with authority to
develop regulations, including limited
access regulations that are in addition
to, and not in conflict with, approved
IPHC regulations. Regulations
developed by the Council may be
implemented by NMFS only after
approval by the Secretary.
Background
On February 10, 2021, the Council
requested the Secretary promulgate
emergency regulations under the
authority of section 305(c) of the
Magnuson-Stevens Act to allow the
temporary transfer of catcher vessel (CV)
halibut and sablefish IFQ for
individuals who hold B, C, or D vessel
class QS for the 2021 fishing season.
The following sections describe the
IFQ Program, the existing IFQ transfer
E:\FR\FM\30MRR1.SGM
30MRR1
]]>Agencies
[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Rules and Regulations]
[Pages 16540-16542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06516]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 200505-0127; RTID 0648-XA944]
Fisheries Off West Coast States; Modifications of the West Coast
Commercial and Recreational Salmon Fisheries; Inseason Actions #1
through #9
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2021 management measures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces nine inseason actions in the 2021 ocean salmon
fisheries. These inseason actions modified the commercial and
recreational salmon fisheries in the area from Cape Falcon, OR to
Pigeon Point, CA.
DATES: The effective dates for the inseason actions are set out in this
document under the heading Inseason Actions.
FOR FURTHER INFORMATION CONTACT: Christina Iverson at 360-742-2506,
Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
In the 2020 annual management measures for ocean salmon fisheries
(85 FR 27317, May 8, 2020), NMFS announced management measures for the
commercial and recreational fisheries in the area from U.S./Canada
border to the U.S./Mexico border, effective from 0001 hours Pacific
Daylight Time (PDT), May 6, 2020, until the effective date of the 2021
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 Chairman of 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: The Oregon Department of Fish and Wildlife (ODFW)
and the California Department of Fish and Wildlife (CDFW).
Management Areas
Management of the salmon fisheries is generally divided into two
geographic areas: North of Cape Falcon (NOF) (U.S./Canada border to
Cape Falcon, OR) and south of Cape Falcon (SOF) (Cape Falcon, OR, to
the U.S./Mexico border). The actions described in this document
affected SOF fisheries as set out under the heading Inseason Actions.
Reason and Authorization for Inseason Actions #1-#9
The fisheries affected by the inseason actions described below were
authorized in the final rule for 2020 annual management measures for
ocean salmon fisheries (85 FR 27317, May 8, 2020). At its March 2-11,
2021 meeting, the Council's Salmon Technical Team (STT) presented
updated stock abundance forecasts for salmon stocks managed under the
Pacific Coast Salmon Fishery Management Plan (FMP). Based on the STT's
report, SOF ocean salmon fisheries will be constrained in 2021 by the
low abundance forecast for Klamath River fall-run Chinook salmon
(KRFC), which was determined to be overfished under the Magnuson-
Stevens Fishery Conservation and Management Act (MSA) in 2018. The
forecast of potential spawner abundance for KRFC in 2021 is 42,098
natural area spawners; this is 31 percent of the average forecast of
potential KRFC spawners over the previous 9 years (2012-2020).
[[Page 16541]]
NMFS is taking the inseason actions described below to manage and
conserve SOF ocean salmon fishery impacts on overfished KRFC by
reducing impacts in spring fisheries through closure or shortened
fisheries in areas that impact KRFC. In Oregon, these inseason actions
include dividing the area from Cape Falcon to Humbug Mountain at the
Heceta Bank Line, which is the port area analysis boundary used by the
STT. This allows for finer-scale management of fisheries in the
Northern Oregon (NO) (Cape Falcon to Heceta Bank Line) and Central
Oregon (CO) (Heceta Bank Line to Humbug Mountain) port areas. The NO
and CO port area impacts are analyzed separately by the STT and in the
environmental assessment prepared under the National Environmental
Policy Act (NEPA) (https://media.fisheries.noaa.gov/dam-migration/2020_ocean_salmon_management_ea_and_fonsi.pdf) and have different
impacts on salmon stocks; e.g., the NO port area has lower impacts on
KRFC than the CO port area.
The NMFS West Coast Regional Administrator (RA) considered the
abundance forecasts for Chinook salmon stocks and the impacts of the
SOF ocean salmon fisheries, as modeled by the STT, and determined that
the inseason actions, described below, were necessary to meet
management and conservation goals set preseason. These inseason actions
modify boundaries under 50 CFR 660.409(b)(1)(v) and fishing seasons
under 50 CFR 660.409(b)(1)(i).
Consultation under 50 CFR 660.409(b) on these inseason actions
occurred on March 10, 2021. Representatives from NMFS, ODFW, CDFW, and
Council staff participated in this consultation. The Council may
consider further inseason action at its April 6-15, 2021, meeting.
Inseason Actions
Inseason Action #1
Description of the action: Inseason action #1 modified the
boundaries in the commercial ocean salmon fishery between Cape Falcon,
OR, and Humbug Mountain, OR, by dividing the area consistent with the
NO and CO port analysis areas at the Heceta Bank Line (latitude
43[deg]58'00'' N). The boundaries of the resulting sub-areas are: Cape
Falcon, OR, to the Heceta Bank Line and the Heceta Bank Line to Humbug
Mountain, OR.
Effective dates: Inseason action #1 took effect on March 11, 2021,
and remains in effect until superseded.
Inseason Action #2
Description of the action: Inseason action #2 delayed the opening
date of the commercial ocean salmon fishery from Cape Falcon, OR, to
the Heceta Bank Line, previously scheduled to open March 15, 2021. This
fishery will now open March 20, 2021.
Effective dates: Inseason action #2 took effect on March 15, 2021,
and remains in effect until superseded.
Inseason Action #3
Description of the action: Inseason action #3 delayed the opening
date of the commercial ocean salmon fishery from the Heceta Bank Line
to Humbug Mountain, OR, previously scheduled to open March 15, 2021.
Effective dates: Inseason action #3 took effect March 15, 2021, and
remains in effect until superseded.
Inseason Action #4
Description of the action: Inseason action #4 delayed the opening
date of the commercial ocean salmon fishery from Humbug Mountain, OR,
to the Oregon/California border, previously scheduled to open March 15,
2021. This fishery will now open March 20, 2021.
Effective dates: Inseason action #4 took effect March 15, 2021, and
remains in effect until superseded.
Inseason Action #5
Description of the action: Inseason action #5 closes the commercial
ocean salmon fishery in the area from the Oregon/California border to
the Humboldt South Jetty, CA, previously scheduled for May 1, 2021 to
May 31, 2021.
Effective dates: Inseason action #5 takes effect May 1, 2021, and
remains in effect until superseded.
Inseason Action #6
Description of the action: Inseason action #6 delays the opening
date of the commercial ocean salmon fishery from the Horse Mountain,
CA, to Point Arena, CA, previously scheduled to open April 15, 2021.
Effective dates: Inseason action #6 takes effect April 15, 2021,
and remains in effect until superseded.
Inseason Action #7
Description of the action: Inseason action #7 closes the
recreational ocean salmon fishery from the Oregon/California border to
Horse Mountain, CA, previously scheduled to open May 1, 2021.
Effective dates: Inseason action #7 takes effect May 1, 2021, and
remains in effect until superseded.
Inseason Action #8
Description of the action: Inseason action #8 closes the
recreational ocean salmon fishery from Horse Mountain, CA, to Point
Arena, CA, previously scheduled to open April 3, 2021.
Effective dates: Inseason action #8 takes effect April 3, 2021, and
remains in effect until superseded.
Inseason Action #9
Description of the action: Inseason action #9 closes the opening
date of the recreational ocean salmon fishery from Point Arena, CA, to
Pigeon Point, CA, previously scheduled to open April 3, 2021.
Effective dates: Inseason action #9 takes effect April 3, 2021, and
remains in effect until superseded.
All other restrictions and regulations remain in effect as
announced for the 2020 ocean salmon fisheries (85 FR 27317, May 8,
2020) and as modified by previous inseason actions (85 FR 31707, May
27, 2020, 85 FR 55784, September 10, 2020, and 86 FR 13824, March 11,
2021).
The RA determined that these inseason actions, recommended by the
States of Oregon, and California, were warranted based on the best
available information on Pacific salmon abundance forecasts and
anticipated fishery effort. 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 at 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
NMFS issues these actions pursuant to section 305(d) of the MSA.
These actions are required by 50 CFR 660.409, which was issued pursuant
to section 304(b), and is exempt from review under Executive Order
12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on these actions, as
notice and comment would be impracticable and contrary to the public
interest. 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 abundance, catch, and effort
[[Page 16542]]
information was 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 overfished salmon stocks are not exceeded. 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 (85 FR 27317, May 8, 2020), the FMP, and
regulations implementing the FMP under 50 CFR 660.409 and 660.411.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date, as a delay in effectiveness of these actions
would allow fishing at levels inconsistent with the goals of the FMP
and the current management measures.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 25, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-06516 Filed 3-25-21; 4:15 pm]
BILLING CODE 3510-22-P
