Fraser River Sockeye Salmon Fisheries; Inseason Orders, 65531-65532 [2022-23566]

Download as PDF Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Rules and Regulations responsibilities between the Federal Government and Indian tribes. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a temporary safety zone for all navigable waters of the Upper Mississippi River from MM 125 to MM 126. The safety zone will last from October 20, 2022, until November 3, 2022, or until all hazards associated with the shoaling have been resolved. It is categorically excluded from further review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. khammond on DSKJM1Z7X2PROD with RULES G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: VerDate Sep<11>2014 15:51 Oct 28, 2022 Jkt 259001 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2. 2. Add § 165.T08–0883 to read as follows: ■ § 165.0883 Safety Zone; Upper Mississippi River MM 125–126, Sainte Genevieve, MO. (a) Location. The safety zone will cover all navigable waters of the Upper Mississippi River between mile markers (MM) 125 and MM 126. (b) Enforcement period. This section will be enforced from October 20, 2022, and will continue until November 3, 2022, or until the hazards associated with the shoaling have been resolved. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry of vessels or persons into the zone are prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Upper Mississippi River. (2) If permission is granted, all person and vessels must comply with the instructions of the COTP or designated representative while proceeding through the zone. (d) Informational broadcasts. The COTP or a designated representative will inform the public of the effective period for the safety zone as well as any changes in the dates and times of enforcement, through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Safety Marine Information Broadcast (SMIB) as appropriate. Dated: October 20, 2022. A.R. Bender, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River. [FR Doc. 2022–23340 Filed 10–28–22; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 65531 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [RTID 0648–XC446] Fraser River Sockeye Salmon Fisheries; Inseason Orders National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason orders. AGENCY: NMFS publishes Fraser River salmon inseason orders to regulate tribal treaty (treaty Indian) and non-tribal (all citizen) commercial salmon fisheries in United States (U.S.) waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during 2022 for sockeye salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty Indian and all citizen commercial fisheries during the period the Panel exercised jurisdiction over these fisheries. DATES: The effective dates for the inseason orders are set out in this document under the heading Inseason Orders. SUMMARY: FOR FURTHER INFORMATION CONTACT: Anthony Siniscal at 971–322–8407, email: Anthony.siniscal@noaa.gov. SUPPLEMENTARY INFORMATION: The Treaty between the Government of the United States of America and the Government of Canada concerning Pacific salmon was signed at Ottawa on January 28, 1985, and subsequently was given effect in the United States by the Pacific Salmon Treaty Act (Act) at 16 U.S.C. 3631–3644. Under authority of the Act, Federal regulations at 50 CFR part 300, subpart F, provide a framework for the implementation of certain regulations of the Commission and inseason orders of the Commission’s Panel for U.S. sockeye and pink salmon fisheries in the Fraser River Panel Area. The regulations close the U.S. portion of the Panel Area to U.S. sockeye and pink salmon tribal and non-tribal commercial fishing unless opened by Panel regulations that are given effect by inseason orders issued by NMFS (50 CFR 300.94(a)(1)). During the fishing season, NMFS may issue inseason orders that establish fishing times and E:\FR\FM\31OCR1.SGM 31OCR1 65532 Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Rules and Regulations areas consistent with the Commission agreements and regulations of the Panel. Such orders must be consistent with domestic legal obligations and are issued by the Regional Administrator, West Coast Region, NMFS. Official notification of these inseason actions is provided by two telephone hotline numbers described at 50 CFR 300.97(b)(1) and in 84 FR 19729 (May 6, 2019). The inseason orders are published in the Federal Register as soon as practicable after they are issued. Due to the frequency with which inseason orders are issued, publication of individual orders is impractical. Inseason Orders NMFS issued the following inseason orders for U.S. fisheries within Panel Area waters during the 2022 fishing season, consistent with the orders adopted by the Panel. Each of the following inseason actions was effective upon announcement on telephone hotline numbers as specified at 50 CFR 300.97(b)(1) and in 87 FR 29690 (May 16, 2022); those dates and times are listed herein. The times listed are local times, and the areas designated are Puget Sound Management and Catch Reporting Areas as defined in the Washington State Administrative Code at Chapter 220–301–030. Fraser River Panel Order Number 2022– 01: Issued 12:15 p.m., July 29, 2022 Treaty Tribal Fishery Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m. (noon), Monday, August 1, 2022, through 12 p.m. (noon), Wednesday, August 3, 2022. Fraser River Panel Order Number 2022– 02: Issued 11:30 a.m., August 2, 2022 Treaty Tribal Fishery Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. (noon), Wednesday, August 3, 2022, through 12 p.m. (noon), Saturday, August 6, 2022. Fraser River Panel Order Number 2022– 03: Issued 1 p.m., August 5, 2022 khammond on DSKJM1Z7X2PROD with RULES Treaty Tribal Fishery Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. (noon), Saturday, August 6, 2022, through 12 p.m. (noon), Wednesday, August 10, 2022. VerDate Sep<11>2014 15:51 Oct 28, 2022 Jkt 259001 Fraser River Panel Order Number 2022– 04: Issued 1:15 p.m., August 9, 2022 Fraser River Panel Order Number 2022– 08: Issued 10 a.m., August 23, 2022 Treaty Tribal Fishery Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. (noon), Wednesday, August 10, 2022, through 12 p.m. (noon), Saturday, August 13, 2022. Treaty Tribal Fishery Fraser River Panel Order Number 2022– 05: Issued 1 p.m., August 12, 2022 Treaty Tribal Fishery Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. (noon), Saturday, August 13, 2022, through 12 p.m. (noon), Wednesday, August 17, 2022. Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Saturday, August 13, 2022 through 9 a.m. Monday, August 15, 2022. Areas 4B, 5, and 6C: The previously announced drift gillnet fishery scheduled through 12 p.m. (noon), Wednesday, August 24, 2022 will now close at 12 p.m. (noon), Tuesday, August 23, 2022. Fraser River Panel Order Number 2022– 09: Issued 12 p.m., September 9, 2022 Treaty Tribal and All Citizen Fisheries Areas 4B, 5, 6, 6C, and 7: Relinquish regulatory control effective 11:59 p.m., Saturday, September 10, 2022. Classification The Assistant Administrator for Fisheries NOAA (AA), finds that good cause exists for the inseason orders to be All Citizen Fishery issued without affording the public Areas 7: Open for reef net fishing from prior notice and opportunity for 5 a.m. through 9 p.m., Saturday, August comment under 5 U.S.C. 553(b)(B) as 13, 2022. such prior notice and opportunity for Fraser River Panel Order Number 2022– comments is impracticable and contrary to the public interest. Prior notice and 06: Issued 1:45 p.m., August 16, 2022 opportunity for public comment is Treaty Tribal Fishery impracticable because NMFS has Areas 4B, 5, and 6C: Extend for drift insufficient time to allow for prior gillnet fishing from 12 p.m. (noon), notice and opportunity for public Wednesday, August 17, 2022, through comment between the time the stock 12 p.m. (noon), Friday, August 19, 2022. abundance information is available to Areas 6, 7, and 7A: Open for net determine how much fishing can be fishing from 5 a.m., Wednesday, August allowed and the time the fishery must 17, 2022 through 9 a.m., Thursday, open and close in order to harvest the August 18, 2022. appropriate amount of fish while they Fraser River Panel Order Number 2022– are available. 07: Issued 5:45 p.m., August 18, 2022 The AA also finds good cause to waive the 30-day delay in the effective Treaty Tribal Fishery date, required under 5 U.S.C. 553(d)(3), Areas 4B, 5, and 6C: Extend for drift of the inseason orders. A delay in the gillnet fishing from 12 p.m. (noon), effective date of the inseason orders Friday, August 19, 2022, through 12 would not allow fishers appropriately p.m. (noon), Wednesday, August 24, controlled access to the available fish at 2022. that time they are available. Areas 6, 7, and 7A: Open for net This action is authorized by 50 CFR fishing from 5 a.m., Sunday, August 21, 300.97, and is exempt from review 2022 through 9 a.m., Monday, August under Executive Order 12866. 22, 2022. All Citizen Fishery Areas 7 and 7A: Open for purse seine fishing from 5 a.m. through 9 p.m., Saturday, August 20, 2022. Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through 11:59 p.m., Saturday, August 20, 2022. PO 00000 Frm 00014 Fmt 4700 Sfmt 9990 Authority: 16 U.S.C. 3636(b). Dated: October 25, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–23566 Filed 10–28–22; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\31OCR1.SGM 31OCR1

Agencies

[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Rules and Regulations]
[Pages 65531-65532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23566]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[RTID 0648-XC446]


Fraser River Sockeye Salmon Fisheries; Inseason Orders

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

ACTION: Temporary rule; inseason orders.

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SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate 
tribal treaty (treaty Indian) and non-tribal (all citizen) commercial 
salmon fisheries in United States (U.S.) waters. The orders were issued 
by the Fraser River Panel (Panel) of the Pacific Salmon Commission 
(Commission) and subsequently approved and issued by NMFS during 2022 
for sockeye salmon fisheries within the U.S. Fraser River Panel Area. 
These orders established fishing dates, times, and areas for the gear 
types of U.S. treaty Indian and all citizen commercial fisheries during 
the period the Panel exercised jurisdiction over these fisheries.

DATES: The effective dates for the inseason orders are set out in this 
document under the heading Inseason Orders.

FOR FURTHER INFORMATION CONTACT: Anthony Siniscal at 971-322-8407, 
email: [email protected].

SUPPLEMENTARY INFORMATION: The Treaty between the Government of the 
United States of America and the Government of Canada concerning 
Pacific salmon was signed at Ottawa on January 28, 1985, and 
subsequently was given effect in the United States by the Pacific 
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
    Under authority of the Act, Federal regulations at 50 CFR part 300, 
subpart F, provide a framework for the implementation of certain 
regulations of the Commission and inseason orders of the Commission's 
Panel for U.S. sockeye and pink salmon fisheries in the Fraser River 
Panel Area.
    The regulations close the U.S. portion of the Panel Area to U.S. 
sockeye and pink salmon tribal and non-tribal commercial fishing unless 
opened by Panel regulations that are given effect by inseason orders 
issued by NMFS (50 CFR 300.94(a)(1)). During the fishing season, NMFS 
may issue inseason orders that establish fishing times and

[[Page 65532]]

areas consistent with the Commission agreements and regulations of the 
Panel. Such orders must be consistent with domestic legal obligations 
and are issued by the Regional Administrator, West Coast Region, NMFS. 
Official notification of these inseason actions is provided by two 
telephone hotline numbers described at 50 CFR 300.97(b)(1) and in 84 FR 
19729 (May 6, 2019). The inseason orders are published in the Federal 
Register as soon as practicable after they are issued. Due to the 
frequency with which inseason orders are issued, publication of 
individual orders is impractical.

Inseason Orders

    NMFS issued the following inseason orders for U.S. fisheries within 
Panel Area waters during the 2022 fishing season, consistent with the 
orders adopted by the Panel. Each of the following inseason actions was 
effective upon announcement on telephone hotline numbers as specified 
at 50 CFR 300.97(b)(1) and in 87 FR 29690 (May 16, 2022); those dates 
and times are listed herein. The times listed are local times, and the 
areas designated are Puget Sound Management and Catch Reporting Areas 
as defined in the Washington State Administrative Code at Chapter 220-
301-030.

Fraser River Panel Order Number 2022-01: Issued 12:15 p.m., July 29, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m. 
(noon), Monday, August 1, 2022, through 12 p.m. (noon), Wednesday, 
August 3, 2022.

Fraser River Panel Order Number 2022-02: Issued 11:30 a.m., August 2, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, August 3, 2022, through 12 p.m. (noon), Saturday, 
August 6, 2022.

Fraser River Panel Order Number 2022-03: Issued 1 p.m., August 5, 2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Saturday, August 6, 2022, through 12 p.m. (noon), Wednesday, 
August 10, 2022.

Fraser River Panel Order Number 2022-04: Issued 1:15 p.m., August 9, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, August 10, 2022, through 12 p.m. (noon), Saturday, 
August 13, 2022.

Fraser River Panel Order Number 2022-05: Issued 1 p.m., August 12, 2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Saturday, August 13, 2022, through 12 p.m. (noon), Wednesday, 
August 17, 2022.
    Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Saturday, 
August 13, 2022 through 9 a.m. Monday, August 15, 2022.
All Citizen Fishery
    Areas 7: Open for reef net fishing from 5 a.m. through 9 p.m., 
Saturday, August 13, 2022.

Fraser River Panel Order Number 2022-06: Issued 1:45 p.m., August 16, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Wednesday, August 17, 2022, through 12 p.m. (noon), Friday, 
August 19, 2022.
    Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Wednesday, 
August 17, 2022 through 9 a.m., Thursday, August 18, 2022.

Fraser River Panel Order Number 2022-07: Issued 5:45 p.m., August 18, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. 
(noon), Friday, August 19, 2022, through 12 p.m. (noon), Wednesday, 
August 24, 2022.
    Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Sunday, 
August 21, 2022 through 9 a.m., Monday, August 22, 2022.
All Citizen Fishery
    Areas 7 and 7A: Open for purse seine fishing from 5 a.m. through 9 
p.m., Saturday, August 20, 2022.
    Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through 
11:59 p.m., Saturday, August 20, 2022.

Fraser River Panel Order Number 2022-08: Issued 10 a.m., August 23, 
2022

Treaty Tribal Fishery
    Areas 4B, 5, and 6C: The previously announced drift gillnet fishery 
scheduled through 12 p.m. (noon), Wednesday, August 24, 2022 will now 
close at 12 p.m. (noon), Tuesday, August 23, 2022.

Fraser River Panel Order Number 2022-09: Issued 12 p.m., September 9, 
2022

Treaty Tribal and All Citizen Fisheries
    Areas 4B, 5, 6, 6C, and 7: Relinquish regulatory control effective 
11:59 p.m., Saturday, September 10, 2022.

Classification

    The Assistant Administrator for Fisheries NOAA (AA), finds that 
good cause exists for the inseason orders to be issued without 
affording the public prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is 
impracticable and contrary to the public interest. Prior notice and 
opportunity for public comment is impracticable because NMFS has 
insufficient time to allow for prior notice and opportunity for public 
comment between the time the stock abundance information is available 
to determine how much fishing can be allowed and the time the fishery 
must open and close in order to harvest the appropriate amount of fish 
while they are available.
    The AA also finds good cause to waive the 30-day delay in the 
effective date, required under 5 U.S.C. 553(d)(3), of the inseason 
orders. A delay in the effective date of the inseason orders would not 
allow fishers appropriately controlled access to the available fish at 
that time they are available.
    This action is authorized by 50 CFR 300.97, and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 3636(b).

    Dated: October 25, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-23566 Filed 10-28-22; 8:45 am]
BILLING CODE 3510-22-P

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