Fisheries Off West Coast States; Modification of the West Coast Commercial Salmon Fisheries; Inseason Action #18, 37249-37250 [2021-15009]

Download as PDF Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations PART 326—ENFORCEMENT 3. The authority citation for part 326 continues to read as follows: ■ Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. 1344; 33 U.S.C. 1413; 33 U.S.C. 2104; 33 U.S.C. 1319; 28 U.S.C. 2461 note. 4. Amend § 326.6 by revising paragraph (a)(1) to read as follows: ■ § 326.6 Class I administrative penalties. (a) * * * (1) This section sets forth procedures for initiation and administration of Class I administrative penalty orders under Section 309(g) of the Clean Water Act, judicially-imposed civil penalties under Section 404(s) of the Clean Water Act, and Section 205 of the National Fishing Enhancement Act. Under Section 309(g)(2)(A) of the Clean Water Act, Class I civil penalties may not exceed $22,585 per violation, except 37249 that the maximum amount of any Class I civil penalty shall not exceed $56,461. Under Section 404(s)(4) of the Clean Water Act, judicially-imposed civil penalties may not exceed $56,461 per day for each violation. Under Section 205(e) of the National Fishing Enhancement Act, penalties for violations of permits issued in accordance with that Act shall not exceed $24,730 for each violation. TABLE 1 TO PARAGRAPH (a)(1) Statutory civil monetary penalty amount for violations that occurred after November 2, 2015, and are assessed on or after 7/15/2021 Environmental statute and U.S. code citation Clean Water Act (CWA), Section 309(g)(2)(A), 33 U.S.C. 1319(g)(2)(A) ......................... CWA, Section 404(s)(4), 33 U.S.C. 1344(s)(4) ................................................................. National Fishing Enhancement Act, Section 205(e), 33 U.S.C. 2104(e) .......................... * * * * * [FR Doc. 2021–14716 Filed 7–14–21; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 274 RIN 0710–AB37 Pest Control Program for Civil Works Projects U.S. Army Corps of Engineers, Department of Defense. ACTION: Final rule. AGENCY: This final rule removes the U.S. Army Corps of Engineers (USACE) part titled, ‘‘Pest Control Program for Civil Works Projects.’’ This part is redundant and otherwise covers internal agency operations that have no public compliance component or adverse public impact. Therefore, this part can be removed from the Code of Federal Regulations (CFR). DATES: This rule is effective on July 15, 2021. ADDRESSES: Department of the Army, U.S. Army Corps of Engineers, ATTN: CECW–P (Mr. Jeremy Crossland), 441 G Street NW, Washington, DC 20314– 1000. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: Mr. Jeremy Crossland at (202) 761–4259 or by email at Jeremy.M.Crossland@ usace.army.mil. FOR FURTHER INFORMATION CONTACT: This final rule removes from the Code of Federal Regulations 33 CFR part 274 titled, ‘‘Pest Control Program for Civil Works SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 15:50 Jul 14, 2021 Jkt 253001 $22,585 per violation, with a maximum of $56,461. Maximum of $56,461 per day for each violation. Maximum of $24,730 per violation. Projects,’’ which assigns responsibilities and prescribes procedures concerning the use of chemicals in the USACE pest control program at Civil Works projects under the authority of Public Law 92– 516, as amended, Federal Insecticide, Fungicide and Rodenticide ACT (FIFRA), 7 U.S.C. 136 et seq.,which among other things, transferred responsibility of pesticide regulation from the Department of Agriculture to the Environmental Protection Agency. This rule was initially published on August 15, 1977 (42 FR 41118). While the rule applies only to the Corps’ Pest Control Program, it was published, at that time, in the Federal Register to aid public accessibility. The solicitation of public comment for this removal is unnecessary because the rule is out-of-date, duplicative of existing internal agency guidance, and otherwise covers internal agency operations that have no public compliance component or adverse public impact. For current public accessibility purposes, updated internal agency policy on this topic may be found in Engineer Regulation 1130–2– 540, ‘‘Environmental Stewardship Operations and Maintenance Guidance and Procedures’’ (available at https:// www.publications.usace.army.mil/ Portals/76/Publications/Engineer Regulations/ER_1130-2-540.pdf) The agency policy is only applicable to field operating activities having responsibility for the Pest Control Program and provides guidance specific to the Corps’ use of chemicals at Civil Works projects. This rule removal is being conducted to reduce confusion for the public as well as for the Corps regarding the current policy which governs the Corps’ Pest Control Program. Because the PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 regulation does not place a burden on the public, its removal does not provide a reduction in public burden or costs. This rule is not significant under Executive Order 12866, ‘‘Regulatory Planning and Review.’’ List of Subjects in 33 CFR Part 274 Pesticides and pests, Water resources. PART 274 [REMOVED] Accordingly, under the authority of 5 U.S.C. 301, the Army Corps of Engineers removes 33 CFR part 274. ■ Dated: July 1, 2021. Jaime A. Pinkham, Acting Assistant Secretary of the Army (Civil Works). [FR Doc. 2021–14721 Filed 7–14–21; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 210505–0101] RTID 0648–XB196 Fisheries Off West Coast States; Modification of the West Coast Commercial Salmon Fisheries; Inseason Action #18 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Inseason modification of 2021 management measures. AGENCY: NMFS announces an inseason action in the 2021 ocean salmon fisheries. This inseason action modifies SUMMARY: E:\FR\FM\15JYR1.SGM 15JYR1 37250 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations the commercial salmon fisheries in the area south of Cape Falcon in the Oregon Klamath Management Zone (KMZ) from Humbug Mountain to the Oregon/ California border. DATES: This inseason action became applicable on June 16, 2021, and remains in effect until superseded or modified. FOR FURTHER INFORMATION CONTACT: Shannon Penna at 562–676–2148, Email: Shannon.penna@noaa.gov. SUPPLEMENTARY INFORMATION: Background In the 2021 annual management measures for ocean salmon fisheries (86 FR 26425, May 14, 2021), 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 16, 2021, until the effective date of the 2022 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). 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 action described in this document affected the SOF commercial salmon fishery as set out under the heading Inseason Action. khammond on DSKJM1Z7X2PROD with RULES Reason and Authorization for Inseason Action #18 The fishery affected by the inseason action described below was authorized in the final rule for 2021 annual management measures for ocean salmon fisheries (86 FR 26425, May 14, 2021). The management subarea from Humbug Mountain to the Oregon/ California border has two quota managed seasons for the commercial VerDate Sep<11>2014 15:50 Jul 14, 2021 Jkt 253001 salmon fishery, June (300 Chinook salmon) and July (200 Chinook salmon). The first quota season opened on June 1, 2021, with a weekly landing limit of 20 Chinook salmon per vessel per week (Thursday–Wednesday). During the first 15 days of the season, the reported landings reached 271 Chinook salmon (90 percent of the quota), leaving 29 Chinook salmon remaining on the quota with one day remaining in the landing week. Taking into account the number of vessels participating, the fishery had the potential to exceed the quota by the end of the day (Wednesday, June 16, 2021). Oregon Department of Fisheries and Wildlife (ODFW) recommended immediate closure of the fishery to prevent exceeding the quota. The NMFS West Coast Regional Administrator (RA) considered the landings of Chinook salmon in the SOF commercial salmon fishery, fishery effort occurring to date as well as anticipated under the proposal, and the Chinook salmon quota remaining 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 on this inseason action occurred on June 16, 2021. Representatives from NMFS, ODFW, California Department of Fish and Wildlife, and Council staff participated in the consultation. Inseason Action Inseason Action #18 Description of the action: In the commercial salmon fishery south of Cape Falcon in the Oregon KMZ from Humbug Mountain to the Oregon/ California border, the season open from June 1 to June 30, or the earlier of 300 chinook salmon quota, is closed. Effective dates: Inseason action #18 took effect at 11:59 p.m., Wednesday, June 16, 2021, and remains in effect until superseded. This inseason action was announced on NMFS’ telephone hotline and U.S. Coast Guard radio broadcast on June 16, 2021 (50 CFR 660.411(a)(2)). All other restrictions and regulations remain in effect as announced for the 2021 ocean salmon fisheries (86 FR 26425, May 14, 2021), as modified by previous inseason action (86 FR 34161, June 29, 2021). The RA determined that this inseason action was warranted based on the best available information on Pacific salmon abundance forecasts and anticipated PO 00000 Frm 00038 Fmt 4700 Sfmt 9990 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 authorized 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)(3)(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 on these actions was impracticable because NMFS had insufficient time to provide for prior notice and the opportunity for public comment between the time Chinook salmon abundance, catch, and effort 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. 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 (86 FR 26425, May 14, 2021), the fishery management plan (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: July 8, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–15009 Filed 7–14–21; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\15JYR1.SGM 15JYR1

Agencies

[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Rules and Regulations]
[Pages 37249-37250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15009]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210505-0101] RTID 0648-XB196


Fisheries Off West Coast States; Modification of the West Coast 
Commercial Salmon Fisheries; Inseason Action #18

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Inseason modification of 2021 management measures.

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SUMMARY: NMFS announces an inseason action in the 2021 ocean salmon 
fisheries. This inseason action modifies

[[Page 37250]]

the commercial salmon fisheries in the area south of Cape Falcon in the 
Oregon Klamath Management Zone (KMZ) from Humbug Mountain to the 
Oregon/California border.

DATES: This inseason action became applicable on June 16, 2021, and 
remains in effect until superseded or modified.

FOR FURTHER INFORMATION CONTACT: Shannon Penna at 562-676-2148, Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In the 2021 annual management measures for ocean salmon fisheries 
(86 FR 26425, May 14, 2021), 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 16, 2021, until the effective date of the 2022 
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).
    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 action described in this document affected 
the SOF commercial salmon fishery as set out under the heading Inseason 
Action.

Reason and Authorization for Inseason Action #18

    The fishery affected by the inseason action described below was 
authorized in the final rule for 2021 annual management measures for 
ocean salmon fisheries (86 FR 26425, May 14, 2021).
    The management subarea from Humbug Mountain to the Oregon/
California border has two quota managed seasons for the commercial 
salmon fishery, June (300 Chinook salmon) and July (200 Chinook 
salmon). The first quota season opened on June 1, 2021, with a weekly 
landing limit of 20 Chinook salmon per vessel per week (Thursday-
Wednesday). During the first 15 days of the season, the reported 
landings reached 271 Chinook salmon (90 percent of the quota), leaving 
29 Chinook salmon remaining on the quota with one day remaining in the 
landing week. Taking into account the number of vessels participating, 
the fishery had the potential to exceed the quota by the end of the day 
(Wednesday, June 16, 2021). Oregon Department of Fisheries and Wildlife 
(ODFW) recommended immediate closure of the fishery to prevent 
exceeding the quota.
    The NMFS West Coast Regional Administrator (RA) considered the 
landings of Chinook salmon in the SOF commercial salmon fishery, 
fishery effort occurring to date as well as anticipated under the 
proposal, and the Chinook salmon quota remaining 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 on this inseason action occurred on June 16, 2021. 
Representatives from NMFS, ODFW, California Department of Fish and 
Wildlife, and Council staff participated in the consultation.

Inseason Action

Inseason Action #18

    Description of the action: In the commercial salmon fishery south 
of Cape Falcon in the Oregon KMZ from Humbug Mountain to the Oregon/
California border, the season open from June 1 to June 30, or the 
earlier of 300 chinook salmon quota, is closed.
    Effective dates: Inseason action #18 took effect at 11:59 p.m., 
Wednesday, June 16, 2021, and remains in effect until superseded. This 
inseason action was announced on NMFS' telephone hotline and U.S. Coast 
Guard radio broadcast on June 16, 2021 (50 CFR 660.411(a)(2)).
    All other restrictions and regulations remain in effect as 
announced for the 2021 ocean salmon fisheries (86 FR 26425, May 14, 
2021), as modified by previous inseason action (86 FR 34161, June 29, 
2021).
    The RA determined that this inseason action was 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 authorized 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)(3)(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 on these 
actions was impracticable because NMFS had insufficient time to provide 
for prior notice and the opportunity for public comment between the 
time Chinook salmon abundance, catch, and effort 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. 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 (86 FR 26425, May 14, 
2021), the fishery management plan (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: July 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-15009 Filed 7-14-21; 8:45 am]
BILLING CODE 3510-22-P
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