Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Action #26 Through #30, 54407-54409 [2021-21390]
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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
allowable under a contract with an
institution, training establishment, or
employer for the training and
rehabilitation of eligible Veterans under
38 U.S.C. chapter 31, provided the
services meet the conditions in the
following definitions:
(a) Courses of instruction by
correspondence means a course of
education or training conducted by mail
consisting of regular lessons or reading
assignments, the preparation of required
written work that involves the
application of principles studied in each
lesson, the correction of assigned work
with such suggestions or
recommendation as may be necessary to
instruct the student, the keeping of
student achievement records, and
issuance of a diploma, certificate, or
other evidence to the student upon
satisfactorily completing the
requirements of the course.
(b) Special services or special courses
means those services or courses that VA
requests that are supplementary to those
the institution customarily provides for
similarly circumstanced non-Veteran
students and that the contracting officer
considers to be necessary for the
rehabilitation of the trainee.
871.205
Proration of charges.
A contract must include the exact
formula agreed on for the proration of
charges in the event that the Veteran’s
program is interrupted or discontinued
before the end of the term, semester,
quarter, or other period, or the program
is completed in less time than stated in
the contract.
871.206
Other fees and charges.
VA may pay fees and other charges
that are not prescribed by law but are
required by nongovernmental
organizations, such as initiation fees
required to become a member of a labor
union and the dues necessary to
maintain membership incidental to
training on the job or to obtaining
employment during a period in which
the Veteran is a participant pursuant to
38 U.S.C. chapter 31, provided there are
no facilities feasibly available where the
necessary training can be feasibly
accomplished or employment obtained
without paying such charges. Payment
for such fees must be made in
accordance with part 813.
871.207
Payment of tuition or fees.
(a) Contracts, agreements, or
arrangements requiring the payment of
tuition or fees must provide either of the
following:
(1) Payment for tuition or fees must be
made in arrears and must be prorated in
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21:34 Sep 30, 2021
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installments over the school year or the
length of the course.
(2) An institution may be paid in
accordance with paragraph (b) of this
section, if the institution operates on a
regular term, quarter, or semester basis
and normally accepts students only at
the beginning of the term, quarter, or
semester and if the institution is one of
the following:
(i) An institution of higher learning
that uses a standard unit of credit
recognized by accrediting associations.
Such institutions include those that are
members of recognized national or
regional educational accrediting
associations, and those that, although
not members of such accrediting
associations, grant standard units of
credit acceptable at full value without
examination by collegiate institutions
that are members of national or regional
accrediting associations.
(ii) A public tax-supported institution.
(iii) An institution operated and
controlled by a State, county, or local
board of education.
(b) An institution that meets the
exceptions of paragraph (a)(2) of this
section and that has a refund policy
providing for a graduated scale of
charges for purposes of determining
refunds may be paid part or all such
tuitions or fees for a term, quarter, or
other period of enrollment immediately
following the date on which the refund
expires.
(c) Proration of charges does not apply
to a fee for noncontinuing service, such
as a registration fee, etc.
(d) The period for which payment of
charges may be made is the period of
actual enrollment and is subject to the
following:
(1) The effective date is the date of the
trainee’s entrance into training status,
except that payment may be made for an
entire semester, quarter, or term in
institutions operating on that basis if the
trainee enters no later than the final date
set by the institution for enrolling for
full credit.
(2) In those cases where the
institution has not set a final date for
enrolling for full credit or does not set
a date acceptable to VA, payment may
be prorated on the basis of attendance,
regardless of the refund policy.
(3) If an institution customarily
charges for the amount of credit or
number of hours of attendance for
which a trainee enrolls, payment may be
made on that basis when a trainee
enrolls after the final date permitted for
carrying full credit for the semester or
term.
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871.208
54407
Rehabilitation facilities.
Charges by rehabilitation facilities for
the rehabilitation services provided
under 38 U.S.C. chapter 31 are paid in
the same manner as charges for
educational and vocational services
through contract, agreement, or other
arrangement.
871.209 Prohibition on advertising—
training of Veterans.
The training of persons under a VA
contract or the fact that the United
States is using the facilities of the
institution for training Veterans must
not be used in any way to advertise the
institution. References in the advertising
media or correspondence of the
institution shall be limited to a list of
courses under 38 U.S.C. chapter 31 and
must not be directed or pointed
specifically to Veterans.
871.210
Contract clauses.
(a) Contracting officers must use the
following clauses, as appropriate, in
solicitations and contracts for vocational
rehabilitation and employment services
as they pertain to training and
rehabilitation services and contracts for
counseling services:
(1) 852.271–72, Time Spent by
Counselee in Counseling Process.
(2) 852.271–73, Use and Publication
of Counseling Results.
(3) 852.271–74, Inspection of
Instruction, Counseling or Testing
Operations.
(b) See 837.110–70(a) for clause
852.237–74, Non-Discrimination in
Service Delivery.
[FR Doc. 2021–20891 Filed 9–30–21; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 210505–0101; RTID 0648–
XB377]
Fisheries Off West Coast States;
Modification of the West Coast Salmon
Fisheries; Inseason Action #26
Through #30
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason modification of 2021
management measures.
AGENCY:
NMFS announces five
inseason actions in the 2021 ocean
salmon fisheries. These inseason actions
SUMMARY:
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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
modified the recreational and
commercial ocean salmon fishery in the
area from the U.S./Canada border to
Cape Falcon, OR.
The effective dates for the
inseason actions are set out in this
document under the heading Inseason
Actions and remains in effect until
superseded or modified.
DATES:
FOR FURTHER INFORMATION CONTACT:
Shannon Penna at 562–676–2148, email:
shannon.penna@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The 2021 annual management
measures for ocean salmon fisheries (86
FR 26425, May 14, 2021), 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
divided into two geographic areas:
North of Cape Falcon (NOF) (U.S./
Canada border to Cape Falcon, OR) and
south of Cape Falcon (Cape Falcon, OR,
to the U.S./Mexico border). The actions
described in this document affected the
NOF recreational salmon fishery, as set
out under the heading Inseason Action.
Consultation on these inseason
actions occurred on August 20, 2021,
August 26, 2021, and September 2,
2021. Representatives from NMFS,
Washington Department of Fish and
Wildlife (WDFW), Oregon Department
of Fish and Wildlife (ODFW), and
Council staff participated in the
consultations.
These inseason actions were
announced on NMFS’ telephone hotline
and U.S. Coast Guard radio broadcast on
the date of the consultations (50 CFR
660.411(a)(2)).
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Inseason Action
Inseason Action #26
Description of the action: Inseason
action #26 modified the bag limit in the
NOF recreational salmon fishery Queets
River to Leadbetter Point (Westport
subarea), from a two salmon per day bag
limit, no more than one of which may
be a Chinook salmon, to a two salmon
per day bag limit, beginning at 12:01
a.m. on Friday, August 21, 2021.
Effective date: Inseason action #26
took effect on August 21, 2021, and
remains in effect until superseded.
Reason and authorization for the
action: The 2021 management measures
opened the recreational ocean salmon
fishery in the Westport subarea with a
bag limit of two salmon per day, no
more than one of which may be a
Chinook salmon (86 FR 26425, May 14,
2021). Modifying the bag limit to two
salmon is consistent with preseason
planning and management objectives
and provisions of the Pacific Coast
Salmon Fishery management Plan
(FMP) because the measure would
provide greater fishing opportunity for
the public to access the available coho
quota and Chinook salmon guideline,
provide economic benefit to the fishery
dependent communities, and was not
expected to result in reducing season
length or to exceed the recreational
quotas.
The NMFS West Coast Region
Regional Administrator (RA) considered
the landings of Chinook and coho
salmon in the NOF recreational salmon
fishery, fishery effort that had occurred
as well as effort anticipated under the
proposal, and the recreational Chinook
salmon guideline and coho quotas
remaining. The RA determined that
inseason action #26 was necessary to
meet preseason planning and
management objectives to allow access
to available salmon quota and support
the economy of fishery dependent
communities while remaining
consistent with the applicable salmon
management and conservation
objectives. The modification of
recreational fishing bag limits is
authorized by 50 CFR 660.409(b)(1)(iii).
Consultation date and participants:
Consultation on inseason action #26
occurred on August 20, 2021.
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
Inseason Action #27
Description of the action: Inseason
action #27 closed the NOF recreational
salmon fishery from Leadbetter Point,
WA to Cape Falcon, OR (Columbia River
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Fmt 4700
Sfmt 4700
subarea) due to anticipated attainment
of the quota and guideline.
Effective date: Inseason action #27
took effect at 12:01 a.m., August 30,
2021, and remains in effect until
superseded.
Reason and authorization for the
action: The purpose of inseason action
#27 was to avoid exceeding the subarea
quota for coho salmon and the guideline
for Chinook salmon in the Columbia
River subarea recreational salmon
fishery. The NMFS West Coast Region
RA considered the landings of coho and
Chinook salmon in the NOF recreational
salmon fishery to date, fishery catch and
effort to date as well as anticipated
under the proposal, and the recreational
coho salmon quota and Chinook salmon
guideline remaining in the Columbia
River subarea. The recreational ocean
salmon fishery in the Columbia River
subarea opened June 19, 2021, with a
coho salmon quota of 42,400 and a
Chinook salmon guideline of 7,200.
Through August 22, 34,800 coho salmon
(80 percent of the subarea quota) and
5,547 Chinook salmon (77 percent of the
subarea guideline) were caught in the
Columbia River subarea. Projected catch
in the Columbia River subarea for the
week of August 23 to August 29 was
8,027 coho salmon and 973 Chinook
salmon, which would result in a
cumulative catch of 99 percent of the
subarea coho salmon quota and 91
percent of the subarea Chinook salmon
guideline. The RA determined that
inseason action #27 was necessary to
avoid exceeding the subarea quota and
guideline set preseason. The
modification of recreational fishing
season is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #27
occurred on August 26, 2021.
Representatives from NMFS, WDFW,
and ODFW participated in this
consultation.
Inseason Action #28
Description of the action: Inseason
action #28 closed the NOF recreational
salmon fishery from Cape Alava to
Queets River (La Push subarea) due to
anticipated attainment of the coho
salmon quota.
Effective date: Inseason action #28
took effect at 12:01 a.m., September 4,
2021, and remains in effect until
superseded.
Reason and authorization for the
action: The purpose of inseason action
#28 was to avoid exceeding the subarea
quota for coho salmon in the La Push
subarea recreational salmon fishery. The
NMFS West Coast Region RA
considered the landings of coho salmon
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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
in the NOF recreational salmon fishery
to date, catch and fishery effort to date
as well as anticipated under the
proposal, and the recreational coho
salmon quota remaining in the La Push
subarea. The recreational ocean salmon
fishery in the La Push subarea opened
June 19, 2021, with a coho salmon quota
of 1,430. Through August 29, 2021,
1,152 coho salmon were caught in the
La Push subarea (81 percent of the
subarea quota). Projected catch through
September 3, 2021 in the La Push
subarea was 1,334 coho salmon, which
would result in a cumulative catch of 93
percent of the subarea coho salmon
quota. The RA determined that inseason
action #28 was necessary to avoid
exceeding the subarea quota set
preseason. The modification of
recreational fishing season is authorized
by 50 CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #28
occurred on September 2, 2021.
Representatives from NMFS, WDFW,
ODFW, and Council staff participated in
this consultation.
Inseason Action #29
Description of the action: Inseason
action #29 closed the NOF recreational
salmon fishery from Queets River to
Leadbetter Point (Westport subarea) due
to anticipated attainment of the coho
salmon quota.
Effective date: Inseason action #29
took effect at 12:01 a.m., September 8,
2021, and remains in effect until
superseded.
Reason and authorization for the
action: The purpose of inseason action
#29 was to avoid exceeding the subarea
quota for coho salmon in the Westport
subarea recreational salmon fishery. The
NMFS West Coast Region RA
considered the landings of coho salmon
in the NOF recreational salmon fishery
to date, catch and fishery effort to date
as well as anticipated under the
proposal, and the recreational coho
salmon quota remaining in the Westport
subarea. The recreational ocean salmon
fishery in the Westport subarea opened
June 19, 2021, with a coho salmon quota
of 20,440. Through August 29, 2021,
13,942 coho salmon (68 percent of the
subarea quota) were caught in the
Westport subarea. Projected catch
through September 7, 2021 in the
Westport subarea was 20,113 coho
salmon, which would result in a
cumulative catch of 98 percent of the
subarea coho salmon quota. The RA
determined that inseason action #29
was necessary to avoid exceeding the
subarea quota set preseason. The
modification of recreational fishing
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16:40 Sep 30, 2021
Jkt 256001
season is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #29
occurred on September 2, 2021.
Representatives from NMFS, WDFW,
ODFW, and Council staff participated in
this consultation.
Inseason Action #30
Description of the action: Inseason
action #30 for the commercial salmon
troll fishery from the U.S./Canada
border to Cape Falcon, OR, modified the
landing and possession limit from 20
marked coho salmon per vessel per
landing week (Thursday–Wednesday) to
50 marked coho salmon per vessel per
landing week (Thursday–Wednesday).
Effective date: Inseason action #30
took effect at 12:01 a.m. on September
3, 2021, and remains in effect until
superseded.
Reason and authorization for the
action: The purpose of inseason action
#30 was to allow greater access to the
coho salmon quota in the commercial
salmon troll fishery and result in
increased fishing interest and the quota
being met prior to the scheduled season
ending date of September 30, 2021. The
RA considered the landed catch of coho
and Chinook salmon to date and the
amount of quota and guideline
remaining, projected catch under the
proposal, and the timing of the action
relative to the length of the season, and
determined that inseason action #30
was necessary to meet management
goals set preseason including fully
attaining the coho quota. The
modification of recreational fishing
season is authorized by 50 CFR
660.409(b)(1)(ii).
Consultation date and participants:
Consultation on inseason action #30
occurred on September 2, 2021.
Representatives from NMFS, WDFW,
ODFW, and Council staff participated in
this consultation.
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; 86 FR 37249, July 15,
2021; 86 FR 40182, July 28, 2021; 86 FR
43967, August 11, 2021; 86 FR 48343,
August 30, 2021).
The NMFS West Coast Region RA
determined that these inseason actions
were warranted based on the best
available information on Pacific salmon
abundance forecasts, landings to date,
and anticipated fishery effort and
projected catch. The states manage the
fisheries in state waters adjacent to the
areas of the U.S. exclusive economic
zone (3–200 nautical miles (5.6–370.4
PO 00000
Frm 00071
Fmt 4700
Sfmt 9990
54409
kilometers) off the coasts of the states of
Washington, Oregon, and California)
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 this action pursuant to
section 305(d) of the Magnuson-Stevens
Fishery Conservation and Management
Act. This action is 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 this action, as notice and comment
would be impracticable and contrary to
the public interest. Prior notice and
opportunity for public comment on this
action was impracticable because NMFS
had insufficient time to provide for
prior notice and the opportunity for
public comment between the time
Chinook and coho 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 scientific
information available. 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 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 this action would restrict fishing at
levels inconsistent with the goals of the
FMP and the current management
measures.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 28, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–21390 Filed 9–30–21; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54407-54409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21390]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210505-0101; RTID 0648-XB377]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Action #26 Through #30
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2021 management measures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces five inseason actions in the 2021 ocean salmon
fisheries. These inseason actions
[[Page 54408]]
modified the recreational and commercial ocean salmon fishery in the
area from the U.S./Canada border to Cape Falcon, OR.
DATES: The effective dates for the inseason actions are set out in this
document under the heading Inseason Actions and remains in effect until
superseded or modified.
FOR FURTHER INFORMATION CONTACT: Shannon Penna at 562-676-2148, email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The 2021 annual management measures for ocean salmon fisheries (86
FR 26425, May 14, 2021), 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 divided into two geographic
areas: North of Cape Falcon (NOF) (U.S./Canada border to Cape Falcon,
OR) and south of Cape Falcon (Cape Falcon, OR, to the U.S./Mexico
border). The actions described in this document affected the NOF
recreational salmon fishery, as set out under the heading Inseason
Action.
Consultation on these inseason actions occurred on August 20, 2021,
August 26, 2021, and September 2, 2021. Representatives from NMFS,
Washington Department of Fish and Wildlife (WDFW), Oregon Department of
Fish and Wildlife (ODFW), and Council staff participated in the
consultations.
These inseason actions were announced on NMFS' telephone hotline
and U.S. Coast Guard radio broadcast on the date of the consultations
(50 CFR 660.411(a)(2)).
Inseason Action
Inseason Action #26
Description of the action: Inseason action #26 modified the bag
limit in the NOF recreational salmon fishery Queets River to Leadbetter
Point (Westport subarea), from a two salmon per day bag limit, no more
than one of which may be a Chinook salmon, to a two salmon per day bag
limit, beginning at 12:01 a.m. on Friday, August 21, 2021.
Effective date: Inseason action #26 took effect on August 21, 2021,
and remains in effect until superseded.
Reason and authorization for the action: The 2021 management
measures opened the recreational ocean salmon fishery in the Westport
subarea with a bag limit of two salmon per day, no more than one of
which may be a Chinook salmon (86 FR 26425, May 14, 2021). Modifying
the bag limit to two salmon is consistent with preseason planning and
management objectives and provisions of the Pacific Coast Salmon
Fishery management Plan (FMP) because the measure would provide greater
fishing opportunity for the public to access the available coho quota
and Chinook salmon guideline, provide economic benefit to the fishery
dependent communities, and was not expected to result in reducing
season length or to exceed the recreational quotas.
The NMFS West Coast Region Regional Administrator (RA) considered
the landings of Chinook and coho salmon in the NOF recreational salmon
fishery, fishery effort that had occurred as well as effort anticipated
under the proposal, and the recreational Chinook salmon guideline and
coho quotas remaining. The RA determined that inseason action #26 was
necessary to meet preseason planning and management objectives to allow
access to available salmon quota and support the economy of fishery
dependent communities while remaining consistent with the applicable
salmon management and conservation objectives. The modification of
recreational fishing bag limits is authorized by 50 CFR
660.409(b)(1)(iii).
Consultation date and participants: Consultation on inseason action
#26 occurred on August 20, 2021. Representatives from NMFS, WDFW, ODFW,
and the Council participated in this consultation.
Inseason Action #27
Description of the action: Inseason action #27 closed the NOF
recreational salmon fishery from Leadbetter Point, WA to Cape Falcon,
OR (Columbia River subarea) due to anticipated attainment of the quota
and guideline.
Effective date: Inseason action #27 took effect at 12:01 a.m.,
August 30, 2021, and remains in effect until superseded.
Reason and authorization for the action: The purpose of inseason
action #27 was to avoid exceeding the subarea quota for coho salmon and
the guideline for Chinook salmon in the Columbia River subarea
recreational salmon fishery. The NMFS West Coast Region RA considered
the landings of coho and Chinook salmon in the NOF recreational salmon
fishery to date, fishery catch and effort to date as well as
anticipated under the proposal, and the recreational coho salmon quota
and Chinook salmon guideline remaining in the Columbia River subarea.
The recreational ocean salmon fishery in the Columbia River subarea
opened June 19, 2021, with a coho salmon quota of 42,400 and a Chinook
salmon guideline of 7,200. Through August 22, 34,800 coho salmon (80
percent of the subarea quota) and 5,547 Chinook salmon (77 percent of
the subarea guideline) were caught in the Columbia River subarea.
Projected catch in the Columbia River subarea for the week of August 23
to August 29 was 8,027 coho salmon and 973 Chinook salmon, which would
result in a cumulative catch of 99 percent of the subarea coho salmon
quota and 91 percent of the subarea Chinook salmon guideline. The RA
determined that inseason action #27 was necessary to avoid exceeding
the subarea quota and guideline set preseason. The modification of
recreational fishing season is authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#27 occurred on August 26, 2021. Representatives from NMFS, WDFW, and
ODFW participated in this consultation.
Inseason Action #28
Description of the action: Inseason action #28 closed the NOF
recreational salmon fishery from Cape Alava to Queets River (La Push
subarea) due to anticipated attainment of the coho salmon quota.
Effective date: Inseason action #28 took effect at 12:01 a.m.,
September 4, 2021, and remains in effect until superseded.
Reason and authorization for the action: The purpose of inseason
action #28 was to avoid exceeding the subarea quota for coho salmon in
the La Push subarea recreational salmon fishery. The NMFS West Coast
Region RA considered the landings of coho salmon
[[Page 54409]]
in the NOF recreational salmon fishery to date, catch and fishery
effort to date as well as anticipated under the proposal, and the
recreational coho salmon quota remaining in the La Push subarea. The
recreational ocean salmon fishery in the La Push subarea opened June
19, 2021, with a coho salmon quota of 1,430. Through August 29, 2021,
1,152 coho salmon were caught in the La Push subarea (81 percent of the
subarea quota). Projected catch through September 3, 2021 in the La
Push subarea was 1,334 coho salmon, which would result in a cumulative
catch of 93 percent of the subarea coho salmon quota. The RA determined
that inseason action #28 was necessary to avoid exceeding the subarea
quota set preseason. The modification of recreational fishing season is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#28 occurred on September 2, 2021. Representatives from NMFS, WDFW,
ODFW, and Council staff participated in this consultation.
Inseason Action #29
Description of the action: Inseason action #29 closed the NOF
recreational salmon fishery from Queets River to Leadbetter Point
(Westport subarea) due to anticipated attainment of the coho salmon
quota.
Effective date: Inseason action #29 took effect at 12:01 a.m.,
September 8, 2021, and remains in effect until superseded.
Reason and authorization for the action: The purpose of inseason
action #29 was to avoid exceeding the subarea quota for coho salmon in
the Westport subarea recreational salmon fishery. The NMFS West Coast
Region RA considered the landings of coho salmon in the NOF
recreational salmon fishery to date, catch and fishery effort to date
as well as anticipated under the proposal, and the recreational coho
salmon quota remaining in the Westport subarea. The recreational ocean
salmon fishery in the Westport subarea opened June 19, 2021, with a
coho salmon quota of 20,440. Through August 29, 2021, 13,942 coho
salmon (68 percent of the subarea quota) were caught in the Westport
subarea. Projected catch through September 7, 2021 in the Westport
subarea was 20,113 coho salmon, which would result in a cumulative
catch of 98 percent of the subarea coho salmon quota. The RA determined
that inseason action #29 was necessary to avoid exceeding the subarea
quota set preseason. The modification of recreational fishing season is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#29 occurred on September 2, 2021. Representatives from NMFS, WDFW,
ODFW, and Council staff participated in this consultation.
Inseason Action #30
Description of the action: Inseason action #30 for the commercial
salmon troll fishery from the U.S./Canada border to Cape Falcon, OR,
modified the landing and possession limit from 20 marked coho salmon
per vessel per landing week (Thursday-Wednesday) to 50 marked coho
salmon per vessel per landing week (Thursday-Wednesday).
Effective date: Inseason action #30 took effect at 12:01 a.m. on
September 3, 2021, and remains in effect until superseded.
Reason and authorization for the action: The purpose of inseason
action #30 was to allow greater access to the coho salmon quota in the
commercial salmon troll fishery and result in increased fishing
interest and the quota being met prior to the scheduled season ending
date of September 30, 2021. The RA considered the landed catch of coho
and Chinook salmon to date and the amount of quota and guideline
remaining, projected catch under the proposal, and the timing of the
action relative to the length of the season, and determined that
inseason action #30 was necessary to meet management goals set
preseason including fully attaining the coho quota. The modification of
recreational fishing season is authorized by 50 CFR 660.409(b)(1)(ii).
Consultation date and participants: Consultation on inseason action
#30 occurred on September 2, 2021. Representatives from NMFS, WDFW,
ODFW, and Council staff participated in this consultation.
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; 86 FR 37249, July 15, 2021; 86 FR 40182, July 28, 2021; 86 FR
43967, August 11, 2021; 86 FR 48343, August 30, 2021).
The NMFS West Coast Region RA determined that these inseason
actions were warranted based on the best available information on
Pacific salmon abundance forecasts, landings to date, and anticipated
fishery effort and projected catch. The states manage the fisheries in
state waters adjacent to the areas of the U.S. exclusive economic zone
(3-200 nautical miles (5.6-370.4 kilometers) off the coasts of the
states of Washington, Oregon, and California) 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 this action pursuant to section 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act. This action is
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 this action, as
notice and comment would be impracticable and contrary to the public
interest. Prior notice and opportunity for public comment on this
action was impracticable because NMFS had insufficient time to provide
for prior notice and the opportunity for public comment between the
time Chinook and coho 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 scientific information
available. 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 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 this action
would restrict fishing at levels inconsistent with the goals of the FMP
and the current management measures.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 28, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-21390 Filed 9-30-21; 8:45 am]
BILLING CODE 3510-22-P