Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #31 Through #32, 64082-64084 [2021-25102]
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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
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SUMMARY:
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16:07 Nov 16, 2021
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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]
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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
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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
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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)
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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.
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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
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64084
Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Rules and Regulations
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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.
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]]>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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
