Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #31 Through #32, 64082-64084 [2021-25102]

Download as PDF 64082 Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120815345–3525–02; RTID 0648–XB588] Snapper-Grouper Fishery of the South Atlantic; 2021 Recreational Accountability Measure and Closure for the South Atlantic Other Jacks Complex National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for the recreational sector for the other jacks complex (lesser amberjack, almaco jack, and banded rudderfish) in the South Atlantic for the 2021 fishing year through this temporary rule. NMFS has determined that recreational landings of the other jacks complex have reached its recreational annual catch limit (ACL). Therefore, NMFS closes the recreational sector for this complex on November 17, 2021, through the remainder of the 2021 fishing year in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the lesser amberjack, almaco jack, and banded rudderfish resources. DATES: This rule is effective 12:01 a.m., local time, November 17, 2021, until 12:01 a.m., local time, January 1, 2022. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes lesser amberjack, almaco jack, and banded rudderfish, and is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The recreational ACL for the other jacks complex is 267,799 lb (121,472 kg), round weight. Under 50 CFR 622.193(l)(2)(i), NMFS is required to close the recreational sector for the other jacks complex when the recreational ACL has been reached, or is khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:07 Nov 16, 2021 Jkt 256001 projected to be reached, by filing a notification to that effect with the Office of the Federal Register, unless NMFS determines that no closure is necessary based on the best scientific information available. The NMFS Southeast Fisheries Science Center has determined that the recreational sector for this complex has reached its ACL. Therefore, this temporary rule implements an AM to close the recreational sector for the other jacks complex in the South Atlantic EEZ, effective 12:01 a.m., local time, November 17, 2021, until January 1, 2022, the start of the next fishing year. During the recreational closure, the bag and possession limits for the fish in the other jacks complex in or from the South Atlantic EEZ are zero. DEPARTMENT OF COMMERCE Classification SUMMARY: NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 50 CFR 622.193(l)(2)(i), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), the NMFS Assistant Administrator (AA) finds good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule that established the recreational ACL and AMs for the other jacks complex has already been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect the South Atlantic other jacks complex stock. The recreational ACL for the other jacks complex in the South Atlantic has been reached and prior notice and opportunity for public comment would require time, potentially resulting in a harvest well in excess of the established recreational ACL. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: November 12, 2021. Michael Ruccio, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–25082 Filed 11–12–21; 4:15 pm] BILLING CODE 3510–22–P PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 210505–0101; RTID 0648– XB472] Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #31 Through #32 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Inseason modification of 2021 management measures. AGENCY: NMFS announces two inseason actions in the 2021 ocean salmon fisheries. These inseason actions modified the recreational ocean salmon fishery in the area from Cape Falcon, OR to the Oregon/California border. DATES: The effective dates for the inseason actions are set out in this document under the heading Inseason Actions and the actions remain in effect until superseded or modified. 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 E:\FR\FM\17NOR1.SGM 17NOR1 Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Rules and Regulations south of Cape Falcon (SOF) (Cape Falcon, OR, to the U.S./Mexico border). The actions described in this document affected the SOF recreational salmon fishery, as set out under the heading Inseason Action. Consultation on these inseason actions occurred on September 14, 2021. Representatives from NMFS, Oregon Department of Fish and Wildlife (ODFW), California Department of Fish and Wildlife (CDFW), 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 khammond on DSKJM1Z7X2PROD with RULES Inseason Action #31 Description of the action: Inseason action #31 modified the SOF recreational salmon fishery from the Cape Falcon, OR to Humbug Mountain, OR. This action increased the non-mark selective coho salmon quota in the September recreational salmon fishery from 14,000 to 20,230 through an impact-neutral rollover of unused quota from the June–August mark selective coho salmon recreational fishery in the area from Cape Falcon, OR to the Oregon/California border. Effective date: Inseason action #31 took effect on September 14, 2021 and remains in effect until superseded. Reason and authorization for the action: Authority for this impact-neutral rollover of unutilized quota is specified in the 2021 ocean salmon regulations (86 FR 26425, May 14, 2021). The SOF June–August mark selective coho salmon recreational fishery had a quota of 120,000 marked coho salmon. Of that quota, 68,276 coho salmon were landed, leaving 51,724 coho salmon quota unutilized for the June–August period. The Council’s Salmon Technical Team (STT) determined that to keep fishery impacts on Oregon Coastal natural coho salmon (OCN coho) within the level of impacts described in the preseason planning process, due to seasonal differences in impact rates to OCN coho salmon, only 6,230 coho salmon from the unutilized June–August quota could be rolled over in an impact-neutral manner. The STT calculated that an impact-neutral rollover would add 6,230 coho salmon from the June–August period to the September non-selective coho salmon fishery quota of 14,000 for an adjusted quota of 20,230 coho salmon. This action did not increase the overall 2021 coho salmon quota in the SOF recreational fishery. The West Coast Region Regional Administer (RA) VerDate Sep<11>2014 16:07 Nov 16, 2021 Jkt 256001 considered the landings of coho salmon to date, fishery catch and effort to date, the amount of quota remaining, and the timing of the action relative to the length of the season, and determined that this inseason action was necessary to meet management goals set preseason. Inseason action to modify quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Consultation date and participants: Consultation on inseason action #31 occurred on September 14, 2021. Representatives from NMFS, CDFW, ODFW, and the Council participated in this consultation. Inseason Action #32 Description of the action: Inseason action #32 modified the recreational fishery open fishing period by increasing the days open from Cape Falcon, OR to Humbug Mountain, OR. Effective September 17, 2021 at 12:01 a.m., the recreational ocean salmon fishery from Cape Falcon, OR to Humbug Mountain, OR will be open to fishing seven days per week through the earlier of September 30, 2021, or attaining the 20,230 non-mark selective coho salmon quota. Effective date: Inseason #32 took effect on September 17, 2021, and remains in effect until superseded. Reason and authorization for the action: The purpose of inseason #32 was to allow greater access to available nonmark selective coho salmon quota in the recreational fishery. Prior to this action, the September recreational ocean salmon fishery in the area from Cape Falcon, OR to Humbug Mountain, OR was scheduled to be open Friday through Sunday through the earlier of September 30, or attaining a 14,000 nonmark selective coho salmon quota. Inseason action #31, above, increased the coho salmon quota in this fishery to 20,230 coho salmon. ODFW reviewed the harvest estimates from the open fishing period and recommended that adding additional days to the open fishing period would provide more fishing opportunity and was unlikely to result in early attainment of the nonmark selective coho salmon quota. The RA considered coho salmon landings and fishery catch and effort to date in the SOF area from Cape Falcon, OR to Humbug Mountain, OR, and determined that this inseason action was necessary to meet management objectives set preseason. Inseason modification of recreational fishing days per calendar week is authorized by 50 CFR 660.409(b)(1)(i) and (iii). Consultation date and participants: Consultation on inseason action #32 occurred on September 14, 2021. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 64083 Representatives from NMFS, CDFW, ODFW, and the Council 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; 86 FR 54407, October 1, 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, anticipated fishery effort and projected catch, and the other factors and considerations set forth in 50 CFR 660.409. 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 kilohertz. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). This action is authorized by 50 CFR 660.409, which was issued pursuant to section 304(b) of the MSA, 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 coho salmon abundance, catch, and effort information were developed and fisheries impacts were calculated, and the time the fishery modifications had to be implemented in order to ensure that fisheries are managed based on the best scientific information available and that fishery participants can take advantage of the additional fishing opportunity these changes provide. As previously noted, actual notice of the E:\FR\FM\17NOR1.SGM 17NOR1 64084 Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 16:07 Nov 16, 2021 Jkt 256001 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. Dated: November 12, 2021. Michael Ruccio, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–25102 Filed 11–16–21; 8:45 am] BILLING CODE 3510–22–P Authority: 16 U.S.C. 1801 et seq. PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 E:\FR\FM\17NOR1.SGM 17NOR1

Agencies

[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Rules and Regulations]
[Pages 64082-64084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25102]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210505-0101; RTID 0648-XB472]


Fisheries Off West Coast States; Modification of the West Coast 
Salmon Fisheries; Inseason Actions #31 Through #32

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 two inseason actions in the 2021 ocean salmon 
fisheries. These inseason actions modified the recreational ocean 
salmon fishery in the area from Cape Falcon, OR to the Oregon/
California border.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions and the actions remain 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

[[Page 64083]]

south of Cape Falcon (SOF) (Cape Falcon, OR, to the U.S./Mexico 
border). The actions described in this document affected the SOF 
recreational salmon fishery, as set out under the heading Inseason 
Action.
    Consultation on these inseason actions occurred on September 14, 
2021. Representatives from NMFS, Oregon Department of Fish and Wildlife 
(ODFW), California Department of Fish and Wildlife (CDFW), 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 #31

    Description of the action: Inseason action #31 modified the SOF 
recreational salmon fishery from the Cape Falcon, OR to Humbug 
Mountain, OR. This action increased the non-mark selective coho salmon 
quota in the September recreational salmon fishery from 14,000 to 
20,230 through an impact-neutral rollover of unused quota from the 
June-August mark selective coho salmon recreational fishery in the area 
from Cape Falcon, OR to the Oregon/California border.
    Effective date: Inseason action #31 took effect on September 14, 
2021 and remains in effect until superseded.
    Reason and authorization for the action: Authority for this impact-
neutral rollover of unutilized quota is specified in the 2021 ocean 
salmon regulations (86 FR 26425, May 14, 2021). The SOF June-August 
mark selective coho salmon recreational fishery had a quota of 120,000 
marked coho salmon. Of that quota, 68,276 coho salmon were landed, 
leaving 51,724 coho salmon quota unutilized for the June-August period. 
The Council's Salmon Technical Team (STT) determined that to keep 
fishery impacts on Oregon Coastal natural coho salmon (OCN coho) within 
the level of impacts described in the preseason planning process, due 
to seasonal differences in impact rates to OCN coho salmon, only 6,230 
coho salmon from the unutilized June-August quota could be rolled over 
in an impact-neutral manner. The STT calculated that an impact-neutral 
rollover would add 6,230 coho salmon from the June-August period to the 
September non-selective coho salmon fishery quota of 14,000 for an 
adjusted quota of 20,230 coho salmon. This action did not increase the 
overall 2021 coho salmon quota in the SOF recreational fishery. The 
West Coast Region Regional Administer (RA) considered the landings of 
coho salmon to date, fishery catch and effort to date, the amount of 
quota remaining, and the timing of the action relative to the length of 
the season, and determined that this inseason action was necessary to 
meet management goals set preseason. Inseason action to modify quotas 
and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#31 occurred on September 14, 2021. Representatives from NMFS, CDFW, 
ODFW, and the Council participated in this consultation.

Inseason Action #32

    Description of the action: Inseason action #32 modified the 
recreational fishery open fishing period by increasing the days open 
from Cape Falcon, OR to Humbug Mountain, OR. Effective September 17, 
2021 at 12:01 a.m., the recreational ocean salmon fishery from Cape 
Falcon, OR to Humbug Mountain, OR will be open to fishing seven days 
per week through the earlier of September 30, 2021, or attaining the 
20,230 non-mark selective coho salmon quota.
    Effective date: Inseason #32 took effect on September 17, 2021, and 
remains in effect until superseded.
    Reason and authorization for the action: The purpose of inseason 
#32 was to allow greater access to available non-mark selective coho 
salmon quota in the recreational fishery. Prior to this action, the 
September recreational ocean salmon fishery in the area from Cape 
Falcon, OR to Humbug Mountain, OR was scheduled to be open Friday 
through Sunday through the earlier of September 30, or attaining a 
14,000 non-mark selective coho salmon quota. Inseason action #31, 
above, increased the coho salmon quota in this fishery to 20,230 coho 
salmon. ODFW reviewed the harvest estimates from the open fishing 
period and recommended that adding additional days to the open fishing 
period would provide more fishing opportunity and was unlikely to 
result in early attainment of the non-mark selective coho salmon quota.
    The RA considered coho salmon landings and fishery catch and effort 
to date in the SOF area from Cape Falcon, OR to Humbug Mountain, OR, 
and determined that this inseason action was necessary to meet 
management objectives set preseason. Inseason modification of 
recreational fishing days per calendar week is authorized by 50 CFR 
660.409(b)(1)(i) and (iii).
    Consultation date and participants: Consultation on inseason action 
#32 occurred on September 14, 2021. Representatives from NMFS, CDFW, 
ODFW, and the Council 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; 86 FR 54407, 
October 1, 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, anticipated 
fishery effort and projected catch, and the other factors and 
considerations set forth in 50 CFR 660.409. 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 
kilohertz.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA). This action is 
authorized by 50 CFR 660.409, which was issued pursuant to section 
304(b) of the MSA, 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 coho salmon abundance, catch, and effort information were 
developed and fisheries impacts were calculated, and the time the 
fishery modifications had to be implemented in order to ensure that 
fisheries are managed based on the best scientific information 
available and that fishery participants can take advantage of the 
additional fishing opportunity these changes provide. As previously 
noted, actual notice of the

[[Page 64084]]

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 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: November 12, 2021.
Michael Ruccio,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-25102 Filed 11-16-21; 8:45 am]
BILLING CODE 3510-22-P