Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #26 Through #33, 52353-52356 [2022-18344]
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Federal Register / Vol. 87, No. 164 / Thursday, August 25, 2022 / Rules and Regulations
California Subarea
Description of the action: This
inseason action provides notice of
closure for the recreational fishery in
the California subarea, effective Sunday,
August 7 at 11:59 p.m..
Reason for the action: On August 3,
2022, NMFS received catch information
indicating that the catch amount for the
recreational Pacific halibut fishery off of
California was projected to be 35,553 lb
(16.13 mt); out of an allocation of 38,740
lb (17.57 mt), with 3,187 lb (1.45 mt)
remaining. Weekly catch amounts have
averaged 4,013 lb (1.82 mt) in 2022,
which includes an outlying week of
high catch. When this week is removed,
the average catch per week is 3,247 lb
(1.47 mt). Therefore, NMFS estimated
that the subarea allocation would be
attained by August 7, 2022, triggering
the closure of the fishery. IPHC issued
a media release on August 5, 2022,
notifying the public of the closure on
August 7. This inseason is providing
notice that the recreational fishery off of
the California coast is closed.
Weekly catch monitoring reports for
the recreational fisheries in Washington,
Oregon, and California are available on
their respective state Fish and Wildlife
agency websites. NMFS and the IPHC
will continue to monitor recreational
catch obtained via state sampling
procedures until NMFS has determined
there is not sufficient allocation for
another full day of fishing, and the area
is closed by the IPHC, or the season
closes for Oregon on October 31,
whichever is earlier.
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Classification
NMFS issues this action pursuant to
the Northern Pacific Halibut Act of
1982. This action is taken under the
regulatory authority at 50 CFR 300.63(c),
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. ODFW provided
updated landings data to NMFS on
August 4, 2022, showing that the fishery
participants in the recreational fishery
off of the Oregon Central Coast had only
caught 47 percent of the subarea
allocation. NMFS uses fishing rates from
previous years to determine the number
of recreational fishing dates needed to
attain subarea allocations. The level of
attainment of the allocation for 2022 is
substantially lower than anticipated
when the 2022 final rule setting the
2022 recreational fishery season dates
was developed. This action should be
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implemented as soon as possible to
allow fishery participants to take
advantage of the additional fishing dates
prior to the end of the season. As the
fishery in Oregon closes on October 31,
2022, implementing this action through
proposed and final rulemaking would
limit the benefit this action would
provide to fishery participants. Without
implementation of additional season
dates, a significant portion of the
Oregon subarea allocations are unlikely
to be harvested, limiting economic
benefits to the participants and not
meeting the goals of the Catch Sharing
Plan and the 2022 management
measures. It is necessary that this
rulemaking be implemented in a timely
manner so that planning for these new
fishing days can take place, and for
business and personal decision making
by the regulated public impacted by this
action, which includes recreational
charter fishing operations, associated
port businesses, and private anglers who
do not live near the coastal access
points for this fishery, among others. To
ensure the regulated public is fully
aware of this action, notice of this
regulatory action will also be provided
to anglers through a telephone hotline,
news release, and by the relevant state
fish and wildlife agencies. NMFS will
receive public comments for 15 days
after publication of this action, in
accordance with 50 CFR 300.63(c)(4)(ii).
No aspect of this action is controversial,
and changes of this nature were
anticipated in the process described in
regulations at 50 CFR 300.63(c).
For the reasons discussed above, there
is also good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date and make this action
effective immediately upon filing for
public inspection, as a delay in
effectiveness of this action would
constrain fishing opportunity and be
inconsistent with the goals of the Catch
Sharing Plan and current management
measures, as well as potentially limit
the economic opportunity intended by
this rule to the associated fishing
communities. NMFS regulations allow
the Regional Administrator to modify
sport fishing periods, bag limits, size
limits, days per calendar week, and
subarea quotas, provided that the action
allows allocation objectives to be met
and will not result in exceeding the
catch limit for the subarea. NMFS
recently received information on the
progress of landings in the recreational
fisheries in the Oregon subarea,
indicating additional dates and an
increased bag limit should be added to
the fishery to ensure optimal and
sustainable harvest of the subarea
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52353
allocation. As stated above, it is in the
public interest that this action is not
delayed, because a delay in the
effectiveness of these new dates would
not allow the allocation objectives of the
recreational Pacific halibut fishery to be
met.
Dated: August 22, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–18390 Filed 8–23–22; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 220510–0113; RTID 0648–
XC210]
Fisheries Off West Coast States;
Modification of the West Coast Salmon
Fisheries; Inseason Actions #26
Through #33
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason modification of 2022
management measures.
AGENCY:
NMFS announces eight
inseason actions in the 2022 ocean
salmon fisheries. These inseason actions
modify the recreational, commercial,
and treaty Indian salmon fisheries in the
area from the U.S./Canada border to
Cape Falcon, Oregon.
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 562–980–4239,
Email: Shannon.Penna@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The 2022 annual management
measures for ocean salmon fisheries (87
FR 29690; May 16, 2022), 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, 2022, until the effective date of
the 2023 management measures, as
published in the Federal Register.
NMFS is authorized to implement
inseason management actions to modify
fishing seasons and quotas as necessary
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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 (SOF) (Cape Falcon, OR,
to the U.S./Mexico border). The actions
described in this document affect the
NOF commercial and recreational
salmon fisheries, as set out under the
heading Inseason Action below.
Consultations with the Council
Chairperson on these inseason actions
occurred on July 13, 2022, and July 19,
2022. Representatives from NMFS,
Washington Department of Fish and
Wildlife (WDFW), Oregon Department
of Fish and Wildlife (ODFW), California
Department of Fish and Wildlife
(CDFW) and Council staff participated
in these consultations. Members of the
Salmon Advisory Subpanel and Salmon
Technical Team (STT) were also present
on the calls.
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 Actions
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Inseason Action #26
Description of the action: Inseason
action #26 modifies the recreational
salmon fishery from Cape Alava to the
Queets River (La Push subarea), starting
at 12:01 a.m. on Saturday, July 16, 2022,
the daily bag limit is two salmon,
Chinook salmon retention prohibited.
All coho salmon must be marked with
a healed adipose fin clip.
Effective date: Inseason action #26
took effect on July 16, 2022, and
remains in effect until July 24, 2022, at
11:59 p.m.
Reason and authorization for the
action: Due to larger than expected
Chinook salmon catch, inseason action
#26 was necessary to reduce Chinook
salmon catch to preserve the length of
the season while avoiding exceedance of
the Chinook salmon guideline for this
area and maximizing catch of the
available coho salmon quota. Cape
Alava to the Queets River (La Push
subarea) opened with a coho salmon
quota of 4,370 and a Chinook salmon
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guideline of 1,120. Through July 10,
2022, 333 coho salmon (8 percent of the
subarea quota) and 287 Chinook salmon
(26 percent of the subarea guideline)
were caught in the La Push subarea.
The NMFS West Coast Regional
Administrator (RA) considered the
landings of Chinook and coho salmon to
date and projected catches, fishery effort
occurring to date and projected effort,
quotas and guidelines set preseason,
and the recreational Chinook salmon
guideline remaining. The RA
determined that this inseason action
was necessary to preserve the available
recreational Chinook salmon guideline
in the La Push subarea in order to meet
management goals set preseason,
including the Pacific Coast Salmon
Fishery Management Plan objective to
extend the fishing season through Labor
Day weekend if feasible and consistent
with the available quota. The
modification of recreational bag limits is
authorized by 50 CFR 660.409(b)(1)(iii).
Inseason Action #27
Description of the action: Inseason
action #27 modifies the recreational
salmon fishery from Cape Alava to the
Queets River (La Push subarea). Starting
at 12:01 a.m. on July 25, 2022, the daily
bag limit is two salmon, only one of
which may be a Chinook salmon. All
coho salmon must be marked with a
healed adipose fin clip. Chum salmon
retention is prohibited beginning
August 1, 2022.
Effective date: Inseason action #27
took effect on July 25, 2022, and
remains in effect until superseded.
Reason and authorization for the
action: Due to larger than expected
Chinook salmon catch, inseason action
#27 was necessary to manage Chinook
salmon catch to preserve the length of
the season while avoiding exceedance of
the Chinook salmon guideline and
maximizing catch of the available coho
salmon quota. Cape Alava to the Queets
River (La Push subarea) opened with a
coho salmon quota of 4,370 and a
Chinook salmon guideline of 1,120.
Through July 10, 2022, 333 coho salmon
(8 percent of the subarea quota) and 287
Chinook salmon (26 percent of the
subarea guideline) were caught in the La
Push subarea. These adjustments
ensured that sufficient Chinook salmon
guideline in the area from Cape Alava
to the Queets River (La Push subarea)
was available to extend the recreational
salmon season.
The RA considered the landings of
Chinook and coho salmon to date and
projected catches, fishery effort
occurring to date and projected effort,
quotas and guidelines set preseason,
and the recreational Chinook salmon
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guideline remaining. The RA
determined that this inseason action
was necessary to preserve the available
recreational Chinook salmon guideline
in the La Push subarea in order to meet
management goals set preseason. The
modification of recreational bag limits is
authorized by 50 CFR 660.409(b)(1)(iii).
Inseason Action #28
Description of the action: Inseason
action #28 modifies the recreational
salmon fishery; starting at 12:01 a.m. on
July 16, 2022, the area from Leadbetter
Point to Cape Falcon, OR (Columbia
River subarea North of 46°15′ N and East
of 124°08′40″ W), is closed.
Effective date: Inseason action #28
took effect on July 16, 2022, and
remains in effect until superseded.
Reason and authorization for the
action: Due to larger than expected
Chinook salmon catch, inseason action
was necessary to limit recreational
fishing in the area from Leadbetter Point
to Cape Falcon (Columbia River
subarea) to slow down Chinook salmon
catch to ensure that sufficient quota
remains to access coho salmon and
preserve the length of the season while
avoiding exceedance of the Chinook
salmon guideline. This subarea opened
with a coho salmon quota of 84,000 and
a Chinook salmon guideline of 7,700.
Through July 10, 2022, 6,761 coho
salmon were caught (8 percent of the
subarea quota) and 2,265 Chinook
salmon were caught (29 percent of the
subarea guideline).
The RA considered the landings of
Chinook and coho salmon to date and
projected catch, fishery effort occurring
to date and projected effort, and quotas
and guidelines set preseason and
determined that this inseason action
was necessary to extend the recreational
salmon season in this area in order to
meet management goals set preseason.
Inseason actions to modify boundaries,
including landing boundaries, and
establishment of closed areas is
authorized under 50 CFR
660.409(b)(1)(v).
Inseason Action #29
Description of the action: Inseason
action #29 modifies the landing and
possession limit for the commercial
salmon troll fishery across the entire
north of Cape Falcon area, regardless of
subarea, to 30 Chinook salmon per
vessel per landing week (Thursday
through Wednesday).
Effective date: Inseason action took
effect on July 21, 2022, and remains in
effect until superseded.
Reason and authorization for the
action: Inseason action #29 was
necessary to slow the rate of Chinook
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salmon catch in order to preserve the
length of the season by setting a lower
landing and possession limit. The RA
considered the landings of Chinook
salmon to date and projected catch,
fishery effort occurring to date and
projected effort, and quotas set
preseason and determined that this
inseason action was necessary to
provide greater fishing opportunity and
provide economic benefit to the fishery
dependent community by preserving
season length. The modification of
commercial landing and possession
limits is authorized by 50 CFR
660.409(b)(1)(i).
Inseason Action #30
Description of the action: Inseason
action #30 modifies the recreational
salmon fishery from the Queets River to
Leadbetter Point (Westport subarea).
The daily bag limit is two salmon per
day, Chinook salmon retention
prohibited on Fridays and Saturdays.
Sunday through Thursday, the daily bag
limit allows one of the two salmon to be
a Chinook salmon.
Effective date: Inseason action took
effect on July 22, 2022, and remains in
effect until superseded.
Reason and authorization for the
action: Chinook salmon catch rates have
been higher than anticipated preseason.
This inseason action was necessary to
slow down the Chinook salmon catch in
order to preserve the length of the
season while avoiding exceedance of the
Chinook salmon guideline. For the week
of July 11, 2022, through July 17, 2022,
for the area from the Queets River to
Leadbetter Point (Westport subarea),
1,424 Chinook salmon were landed,
bringing the cumulative total to 4,145
Chinook salmon (34 percent of the
guideline). In addition, 1,736 coho
salmon were landed, bringing the
cumulative total to 3,851 coho salmon
(6 percent of the quota).
The RA determined that this inseason
was necessary to remain within the
available recreational Chinook salmon
guideline in the Westport subarea in
order to meet management goals set
preseason including the Pacific Coast
Salmon Fishery Management Plan
objective to extend the fishing season
through Labor Day weekend if feasible
and consistent with the available quota.
The modification of recreational bag
limits is authorized by 50 CFR
660.409(b)(1)(iii).
Inseason Action #31
Description of the action: Inseason
action #31 modifies the tribal salmon
troll fishery for the Makah Tribe.
Effective 11:59 p.m. on, July 24, 2022,
Area 3 north of 48°02′15″ N. (Norwegian
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Memorial) and Areas 4, 4A, and 4B, the
fishery is closed until further notice.
Effective dates: Inseason action #31
took effect on July 24, 2022, and
remains in effect until superseded.
Reason and authorization for the
action: The Makah Tribe found that it
was necessary to close the fishery in
order to assess Chinook and coho
salmon catches to date and develop a
plan for reopening the tribal fishery for
the remainder of the season in order to
stay within the preseason treaty tribal
troll quota and preserve season length.
The Makah Tribe notified staff from
NMFS, Council, and WDFW of the need
to close the fishery. The RA concurred
with the closure. Modification of quotas
and/or fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Inseason Action #32
Description of the action: Inseason
action #32 modifies the July–September
sub-quota for the treaty Indian salmon
fishery north of Cape Falcon that was
set preseason at 20,000 Chinook salmon,
to 34,547 Chinook salmon through an
impact-neutral rollover of unused May–
June sub-quota.
Effective dates: Inseason action #32
took effect on July 1, 2022, and remains
in effect until the end of the 2022 treaty
Indian salmon season on September 15,
2022, at 11:59 p.m.
Reason and authorization for the
action: The tribal fisheries reported a
remaining catch of 14,457 Chinook
salmon from the May–June fishery subquota of 20,000 Chinook. The STT
determined the overage could be rolled
over to the July–September fishery on
an impact-neutral basis resulting in a
new Chinook salmon sub-quota for the
July–September period of 34,547. The
Makah Tribe notified staff from NMFS,
Council, and WDFW of the need for
modification of the July–September
quota. The RA concurred with the quota
modification. Modification of quotas
and/or fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Inseason Action #33
Description of the action: Inseason
action #33 modifies the tribal salmon
troll fishery for the Makah Tribe.
Effective 11:59 p.m. on Tuesday, July
26, until the end of the management
period (September 15, 2022), Area 3
north of 48°02′15″ N. (Norwegian
Memorial) and Areas 4, 4A, and 4B, are
open. The landing limit is not to exceed
300 Chinook salmon per vessel per
calendar week (12:01 a.m. Sunday–
11:59 p.m. Saturday). After August 1,
release all chum.
Effective dates: Inseason action was
effective on July 26, 2022, and will
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52355
remain in effect until September 15,
2022, at 11:59 p.m.
Reason and authorization for the
action: The Makah Tribe evaluated the
catch and landings and determined that
implementing a landing limit to 300
Chinook salmon per vessel per calendar
week would slow down the Chinook
salmon catch while still allowing access
to coho salmon for the remainder of the
season. The Makah Tribe notified staff
from NMFS, Council, and WDFW of the
need to open the fishery and the
regulatory provisions adopted. The RA
concurred with the season modification.
Modification of quotas and/or fishing
seasons is authorized by 50 CFR
660.409(b)(1)(i).
All other management measures
remain in effect as announced for the
2022 ocean salmon fisheries (87 FR
29690; May 16, 2022), as modified by
previous inseason actions (87 FR 41260,
July 12, 2022; 87 FR 49534, August 11).
The 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 and tribes
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 these actions pursuant
to section 305(d) of the MagnusonStevens Fishery Conservation and
Management Act (MSA). These actions
are authorized by 50 CFR 660.409,
which was issued pursuant to section
304(b) of the MSA, and are 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
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Chinook and 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 regulatory actions
was provided to fishers through
telephone hotline and radio notification.
These actions comply with the
requirements of the annual management
measures for ocean salmon fisheries (87
FR 29690; May 16, 2022), 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: August 22, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–18344 Filed 8–24–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 220223–0054; RTID 0648–
XC285]
Fisheries of the Exclusive Economic
Zone Off Alaska; ‘‘Other Rockfish’’ in
the Aleutian Islands Subarea of the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
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AGENCY:
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
hook-and-line, pot, or jig gear as
described in § 679.20(j).
NMFS is prohibiting retention
of ‘‘other rockfish’’ in the Aleutian
Islands subarea of the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary because
the 2022 ‘‘other rockfish’’ total
allowable catch (TAC) in the Aleutian
Islands subarea of the BSAI has been
reached.
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion
and would delay prohibiting retention
of ‘‘other rockfish’’ in the Aleutian
Islands subarea of the BSAI. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of August 22, 2022.
The Assistant Administrator for
Fisheries, NOAA also finds good cause
to waive the 30-day delay in the
effective date of this action under 5
U.S.C. 553(d)(3). This finding is based
upon the reasons provided above for
waiver of prior notice and opportunity
for public comment.
SUMMARY:
Effective 1200 hours, Alaska
local time (A.l.t.), August 23, 2022,
through 2400 hours, A.l.t., December 31,
2022.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2022 ‘‘other rockfish’’ TAC in the
Aleutian Islands subarea of the BSAI is
394 metric tons (mt) as established by
the final 2022 and 2023 harvest
specifications for groundfish in the
BSAI (87 FR 11626; March 2, 2022). In
accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator) has
determined that the 2022 ‘‘other
rockfish’’ TAC in the Aleutian Islands
subarea of the BSAI has been reached.
Therefore, NMFS is requiring that
‘‘other rockfish’’ in the Aleutian Islands
subarea of the BSAI be treated in the
same manner as a prohibited species, as
described under § 679.21(a), for the
remainder of the year, except ‘‘other
rockfish’’ species in the Aleutian Islands
subarea caught by catcher vessels using
DATES:
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Classification
Authority: 16 U.S.C. 1801 et seq.
Dated: August 22, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–18384 Filed 8–23–22; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Rules and Regulations]
[Pages 52353-52356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18344]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 220510-0113; RTID 0648-XC210]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Actions #26 Through #33
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2022 management measures.
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SUMMARY: NMFS announces eight inseason actions in the 2022 ocean salmon
fisheries. These inseason actions modify the recreational, commercial,
and treaty Indian salmon fisheries in the area from the U.S./Canada
border to Cape Falcon, Oregon.
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 562-980-4239, Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The 2022 annual management measures for ocean salmon fisheries (87
FR 29690; May 16, 2022), 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, 2022, until the effective date of the 2023
management measures, as published in the Federal Register. NMFS is
authorized to implement inseason management actions to modify fishing
seasons and quotas as necessary
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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 (SOF) (Cape Falcon, OR, to the U.S./
Mexico border). The actions described in this document affect the NOF
commercial and recreational salmon fisheries, as set out under the
heading Inseason Action below.
Consultations with the Council Chairperson on these inseason
actions occurred on July 13, 2022, and July 19, 2022. Representatives
from NMFS, Washington Department of Fish and Wildlife (WDFW), Oregon
Department of Fish and Wildlife (ODFW), California Department of Fish
and Wildlife (CDFW) and Council staff participated in these
consultations. Members of the Salmon Advisory Subpanel and Salmon
Technical Team (STT) were also present on the calls.
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 Actions
Inseason Action #26
Description of the action: Inseason action #26 modifies the
recreational salmon fishery from Cape Alava to the Queets River (La
Push subarea), starting at 12:01 a.m. on Saturday, July 16, 2022, the
daily bag limit is two salmon, Chinook salmon retention prohibited. All
coho salmon must be marked with a healed adipose fin clip.
Effective date: Inseason action #26 took effect on July 16, 2022,
and remains in effect until July 24, 2022, at 11:59 p.m.
Reason and authorization for the action: Due to larger than
expected Chinook salmon catch, inseason action #26 was necessary to
reduce Chinook salmon catch to preserve the length of the season while
avoiding exceedance of the Chinook salmon guideline for this area and
maximizing catch of the available coho salmon quota. Cape Alava to the
Queets River (La Push subarea) opened with a coho salmon quota of 4,370
and a Chinook salmon guideline of 1,120. Through July 10, 2022, 333
coho salmon (8 percent of the subarea quota) and 287 Chinook salmon (26
percent of the subarea guideline) were caught in the La Push subarea.
The NMFS West Coast Regional Administrator (RA) considered the
landings of Chinook and coho salmon to date and projected catches,
fishery effort occurring to date and projected effort, quotas and
guidelines set preseason, and the recreational Chinook salmon guideline
remaining. The RA determined that this inseason action was necessary to
preserve the available recreational Chinook salmon guideline in the La
Push subarea in order to meet management goals set preseason, including
the Pacific Coast Salmon Fishery Management Plan objective to extend
the fishing season through Labor Day weekend if feasible and consistent
with the available quota. The modification of recreational bag limits
is authorized by 50 CFR 660.409(b)(1)(iii).
Inseason Action #27
Description of the action: Inseason action #27 modifies the
recreational salmon fishery from Cape Alava to the Queets River (La
Push subarea). Starting at 12:01 a.m. on July 25, 2022, the daily bag
limit is two salmon, only one of which may be a Chinook salmon. All
coho salmon must be marked with a healed adipose fin clip. Chum salmon
retention is prohibited beginning August 1, 2022.
Effective date: Inseason action #27 took effect on July 25, 2022,
and remains in effect until superseded.
Reason and authorization for the action: Due to larger than
expected Chinook salmon catch, inseason action #27 was necessary to
manage Chinook salmon catch to preserve the length of the season while
avoiding exceedance of the Chinook salmon guideline and maximizing
catch of the available coho salmon quota. Cape Alava to the Queets
River (La Push subarea) opened with a coho salmon quota of 4,370 and a
Chinook salmon guideline of 1,120. Through July 10, 2022, 333 coho
salmon (8 percent of the subarea quota) and 287 Chinook salmon (26
percent of the subarea guideline) were caught in the La Push subarea.
These adjustments ensured that sufficient Chinook salmon guideline in
the area from Cape Alava to the Queets River (La Push subarea) was
available to extend the recreational salmon season.
The RA considered the landings of Chinook and coho salmon to date
and projected catches, fishery effort occurring to date and projected
effort, quotas and guidelines set preseason, and the recreational
Chinook salmon guideline remaining. The RA determined that this
inseason action was necessary to preserve the available recreational
Chinook salmon guideline in the La Push subarea in order to meet
management goals set preseason. The modification of recreational bag
limits is authorized by 50 CFR 660.409(b)(1)(iii).
Inseason Action #28
Description of the action: Inseason action #28 modifies the
recreational salmon fishery; starting at 12:01 a.m. on July 16, 2022,
the area from Leadbetter Point to Cape Falcon, OR (Columbia River
subarea North of 46[deg]15' N and East of 124[deg]08'40'' W), is
closed.
Effective date: Inseason action #28 took effect on July 16, 2022,
and remains in effect until superseded.
Reason and authorization for the action: Due to larger than
expected Chinook salmon catch, inseason action was necessary to limit
recreational fishing in the area from Leadbetter Point to Cape Falcon
(Columbia River subarea) to slow down Chinook salmon catch to ensure
that sufficient quota remains to access coho salmon and preserve the
length of the season while avoiding exceedance of the Chinook salmon
guideline. This subarea opened with a coho salmon quota of 84,000 and a
Chinook salmon guideline of 7,700. Through July 10, 2022, 6,761 coho
salmon were caught (8 percent of the subarea quota) and 2,265 Chinook
salmon were caught (29 percent of the subarea guideline).
The RA considered the landings of Chinook and coho salmon to date
and projected catch, fishery effort occurring to date and projected
effort, and quotas and guidelines set preseason and determined that
this inseason action was necessary to extend the recreational salmon
season in this area in order to meet management goals set preseason.
Inseason actions to modify boundaries, including landing boundaries,
and establishment of closed areas is authorized under 50 CFR
660.409(b)(1)(v).
Inseason Action #29
Description of the action: Inseason action #29 modifies the landing
and possession limit for the commercial salmon troll fishery across the
entire north of Cape Falcon area, regardless of subarea, to 30 Chinook
salmon per vessel per landing week (Thursday through Wednesday).
Effective date: Inseason action took effect on July 21, 2022, and
remains in effect until superseded.
Reason and authorization for the action: Inseason action #29 was
necessary to slow the rate of Chinook
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salmon catch in order to preserve the length of the season by setting a
lower landing and possession limit. The RA considered the landings of
Chinook salmon to date and projected catch, fishery effort occurring to
date and projected effort, and quotas set preseason and determined that
this inseason action was necessary to provide greater fishing
opportunity and provide economic benefit to the fishery dependent
community by preserving season length. The modification of commercial
landing and possession limits is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #30
Description of the action: Inseason action #30 modifies the
recreational salmon fishery from the Queets River to Leadbetter Point
(Westport subarea). The daily bag limit is two salmon per day, Chinook
salmon retention prohibited on Fridays and Saturdays. Sunday through
Thursday, the daily bag limit allows one of the two salmon to be a
Chinook salmon.
Effective date: Inseason action took effect on July 22, 2022, and
remains in effect until superseded.
Reason and authorization for the action: Chinook salmon catch rates
have been higher than anticipated preseason. This inseason action was
necessary to slow down the Chinook salmon catch in order to preserve
the length of the season while avoiding exceedance of the Chinook
salmon guideline. For the week of July 11, 2022, through July 17, 2022,
for the area from the Queets River to Leadbetter Point (Westport
subarea), 1,424 Chinook salmon were landed, bringing the cumulative
total to 4,145 Chinook salmon (34 percent of the guideline). In
addition, 1,736 coho salmon were landed, bringing the cumulative total
to 3,851 coho salmon (6 percent of the quota).
The RA determined that this inseason was necessary to remain within
the available recreational Chinook salmon guideline in the Westport
subarea in order to meet management goals set preseason including the
Pacific Coast Salmon Fishery Management Plan objective to extend the
fishing season through Labor Day weekend if feasible and consistent
with the available quota. The modification of recreational bag limits
is authorized by 50 CFR 660.409(b)(1)(iii).
Inseason Action #31
Description of the action: Inseason action #31 modifies the tribal
salmon troll fishery for the Makah Tribe. Effective 11:59 p.m. on, July
24, 2022, Area 3 north of 48[deg]02'15'' N. (Norwegian Memorial) and
Areas 4, 4A, and 4B, the fishery is closed until further notice.
Effective dates: Inseason action #31 took effect on July 24, 2022,
and remains in effect until superseded.
Reason and authorization for the action: The Makah Tribe found that
it was necessary to close the fishery in order to assess Chinook and
coho salmon catches to date and develop a plan for reopening the tribal
fishery for the remainder of the season in order to stay within the
preseason treaty tribal troll quota and preserve season length. The
Makah Tribe notified staff from NMFS, Council, and WDFW of the need to
close the fishery. The RA concurred with the closure. Modification of
quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #32
Description of the action: Inseason action #32 modifies the July-
September sub-quota for the treaty Indian salmon fishery north of Cape
Falcon that was set preseason at 20,000 Chinook salmon, to 34,547
Chinook salmon through an impact-neutral rollover of unused May-June
sub-quota.
Effective dates: Inseason action #32 took effect on July 1, 2022,
and remains in effect until the end of the 2022 treaty Indian salmon
season on September 15, 2022, at 11:59 p.m.
Reason and authorization for the action: The tribal fisheries
reported a remaining catch of 14,457 Chinook salmon from the May-June
fishery sub-quota of 20,000 Chinook. The STT determined the overage
could be rolled over to the July-September fishery on an impact-neutral
basis resulting in a new Chinook salmon sub-quota for the July-
September period of 34,547. The Makah Tribe notified staff from NMFS,
Council, and WDFW of the need for modification of the July-September
quota. The RA concurred with the quota modification. Modification of
quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #33
Description of the action: Inseason action #33 modifies the tribal
salmon troll fishery for the Makah Tribe. Effective 11:59 p.m. on
Tuesday, July 26, until the end of the management period (September 15,
2022), Area 3 north of 48[deg]02'15'' N. (Norwegian Memorial) and Areas
4, 4A, and 4B, are open. The landing limit is not to exceed 300 Chinook
salmon per vessel per calendar week (12:01 a.m. Sunday-11:59 p.m.
Saturday). After August 1, release all chum.
Effective dates: Inseason action was effective on July 26, 2022,
and will remain in effect until September 15, 2022, at 11:59 p.m.
Reason and authorization for the action: The Makah Tribe evaluated
the catch and landings and determined that implementing a landing limit
to 300 Chinook salmon per vessel per calendar week would slow down the
Chinook salmon catch while still allowing access to coho salmon for the
remainder of the season. The Makah Tribe notified staff from NMFS,
Council, and WDFW of the need to open the fishery and the regulatory
provisions adopted. The RA concurred with the season modification.
Modification of quotas and/or fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
All other management measures remain in effect as announced for the
2022 ocean salmon fisheries (87 FR 29690; May 16, 2022), as modified by
previous inseason actions (87 FR 41260, July 12, 2022; 87 FR 49534,
August 11).
The 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 and tribes 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 these actions pursuant to section 305(d) of the
Magnuson-Stevens Fishery Conservation and Management Act (MSA). These
actions are authorized by 50 CFR 660.409, which was issued pursuant to
section 304(b) of the MSA, and are 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
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Chinook and 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 regulatory actions was provided to fishers
through telephone hotline and radio notification. These actions comply
with the requirements of the annual management measures for ocean
salmon fisheries (87 FR 29690; May 16, 2022), 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: August 22, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-18344 Filed 8-24-22; 8:45 am]
BILLING CODE 3510-22-P
