Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Action #17, 53813-53814 [2023-17051]
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
888–872–8862 (Monday through Friday
from 8 a.m. until 4:30 p.m.).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act and regulations at 50 CFR part 635
and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), there is good cause to
waive prior notice and opportunity to
provide comment on this action, as
notice and comment would be
impracticable and contrary for the
following reasons. Specifically, the
regulations implementing the 2006
Consolidated HMS FMP and its
amendments provide for inseason
adjustments and fishery closures to
respond to the unpredictable nature of
BFT availability on the fishing grounds,
the migratory nature of this species, and
the regional variations in the BFT
fishery. Providing for prior notice and
opportunity to comment is
impracticable and contrary to the public
interest as this fishery is currently
underway and delaying this action
could result in further excessive trophy
BFT landings that may result in future
potential quota reductions for the
Angling category, depending on the
magnitude of a potential Angling
category overharvest. NMFS must close
the Gulf of Maine area trophy BFT
fishery before additional landings of
these sizes of BFT occur. Taking this
action does not raise conservation and
management concerns. NMFS notes that
the public had an opportunity to
comment on the underlying
rulemakings that established the U.S.
BFT quota and the inseason adjustment
criteria.
For all of the above reasons, the AA
also finds that pursuant to 5 U.S.C.
553(d), there is good cause to waive the
30-day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
53813
of Cape Falcon (SOF) (Cape Falcon, OR,
to the U.S./Mexico border). The action
described in this document affects the
NOF treaty tribal salmon fisheries, as set
out under the heading ‘‘Inseason
Action’’ below.
[Docket No. 230508–0124; RTID 0648–
XD179]
Inseason Action
Fisheries Off West Coast States;
Modification of the West Coast Salmon
Fisheries; Inseason Action #17
Description of the action: Inseason
action #17 modifies the July–September
subquota for the treaty Indian salmon
fishery north of Cape Falcon that was
set preseason at 22,500 Chinook salmon,
to 38,265 Chinook salmon through an
impact-neutral rollover of unused May–
June subquota.
Effective dates: Inseason action #17
took effect on July 1, 2023, and remains
in effect until the end of the 2023 treaty
Indian salmon season on September 15,
2023.
Reason and authorization for the
action: The tribal fisheries reported a
remaining catch of 15,765 Chinook
salmon in the May–June fishery
subquota of 20,000. The Salmon
Technical Team determined the overage
can be rolled over to the July–September
fishery on an impact-neutral basis with
a new Chinook salmon subquota of
38,265. The treaty tribes notified staff
from NMFS, Council, and the
Washington Department of Fish and
Wildlife of the need for modification of
the July–September quota. The NMFS
West Coast Regional Administrator (RA)
concurred with the quota modification.
This inseason action modifies quotas
and/or fishing seasons under 50 CFR
660.409(b)(1)(i).
All other restrictions and regulations
remain in effect as announced for the
2023 ocean salmon fisheries (88 FR
30235, May 11, 2023; 88 FR 44737, July
13, 2023; 88 FR 51250, August 3, 2023)
except as previously modified by
inseason actions.
The RA determined that this inseason
action was warranted based on the best
available information on Pacific salmon
abundance forecasts, landings and effort
patterns 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 actions was given,
prior to the time the actions became
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason modification of 2023
management measures.
AGENCY:
NMFS announces one
inseason action for the 2023–2024 ocean
salmon fishing season. This inseason
action modifies the July–September subquota for the treaty Indian salmon
fisheries in the area from the U.S./
Canada border to Cape Falcon, Oregon.
DATES: The effective date for this
inseason action is set out in this
document under the heading ‘‘Inseason
Action’’ and the actions remain in effect
until superseded or modified.
FOR FURTHER INFORMATION CONTACT:
Shannon Penna, 562–980–4239,
Shannon.Penna@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The annual management measures for
the 2023 and early 2024 ocean salmon
fisheries (88 FR 30235, May 11, 2023)
govern 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, 2023,
until the effective date of the 2024
management measures, as published in
the Federal Register. NMFS is
authorized to implement inseason
management actions to modify fishing
seasons and quotas as necessary to
provide fishing opportunity while
meeting management objectives for the
affected species (50 CFR 660.409).
Inseason actions in the salmon fishery
may be taken directly by NMFS (50 CFR
660.409(a)—Fixed inseason
management provisions) or upon
consultation with the Chairman of the
Pacific Fishery Management Council
(Council), and the appropriate State
Directors (50 CFR 660.409(b)—Flexible
inseason management provisions).
Management of the salmon fisheries is
divided into two geographic areas: north
of Cape Falcon (NOF) (U.S./Canada
border to Cape Falcon, OR), and south
PO 00000
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Inseason Action #17
E:\FR\FM\09AUR1.SGM
09AUR1
53814
Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations
effective, by telephone hotline numbers
206–526–6667 and 800–662–9825.
Classification
lotter on DSK11XQN23PROD with RULES1
NMFS issued 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
VerDate Sep<11>2014
16:18 Aug 08, 2023
Jkt 259001
action was impracticable because NMFS
had insufficient time to provide for
prior notice and the opportunity for
public comment between the time
Chinook and coho salmon abundance,
catch, and effort information 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. As previously
noted, actual notice of the regulatory
action was provided to fishers through
telephone hotlines and radio
notifications. These actions comply
with the requirements of the annual
management measures for ocean salmon
fisheries (88 FR 30235, May 11, 2023),
PO 00000
Frm 00054
Fmt 4700
Sfmt 9990
the Pacific Salmon 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 allow 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 4, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–17051 Filed 8–4–23; 4:15 pm]
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Agencies
[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53813-53814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17051]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 230508-0124; RTID 0648-XD179]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Action #17
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2023 management measures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces one inseason action for the 2023-2024 ocean
salmon fishing season. This inseason action modifies the July-September
sub-quota for the treaty Indian salmon fisheries in the area from the
U.S./Canada border to Cape Falcon, Oregon.
DATES: The effective date for this inseason action is set out in this
document under the heading ``Inseason Action'' and the actions remain
in effect until superseded or modified.
FOR FURTHER INFORMATION CONTACT: Shannon Penna, 562-980-4239,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The annual management measures for the 2023 and early 2024 ocean
salmon fisheries (88 FR 30235, May 11, 2023) govern 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, 2023, until the effective date of the 2024 management
measures, as published in the Federal Register. NMFS is authorized to
implement inseason management actions to modify fishing seasons and
quotas as necessary to provide fishing opportunity while meeting
management objectives for the affected species (50 CFR 660.409).
Inseason actions in the salmon fishery may be taken directly by NMFS
(50 CFR 660.409(a)--Fixed inseason management provisions) or upon
consultation with the Chairman of the Pacific Fishery Management
Council (Council), and the appropriate State Directors (50 CFR
660.409(b)--Flexible inseason management provisions).
Management of the salmon fisheries is divided into two geographic
areas: north of Cape Falcon (NOF) (U.S./Canada border to Cape Falcon,
OR), and south of Cape Falcon (SOF) (Cape Falcon, OR, to the U.S./
Mexico border). The action described in this document affects the NOF
treaty tribal salmon fisheries, as set out under the heading ``Inseason
Action'' below.
Inseason Action
Inseason Action #17
Description of the action: Inseason action #17 modifies the July-
September subquota for the treaty Indian salmon fishery north of Cape
Falcon that was set preseason at 22,500 Chinook salmon, to 38,265
Chinook salmon through an impact-neutral rollover of unused May-June
subquota.
Effective dates: Inseason action #17 took effect on July 1, 2023,
and remains in effect until the end of the 2023 treaty Indian salmon
season on September 15, 2023.
Reason and authorization for the action: The tribal fisheries
reported a remaining catch of 15,765 Chinook salmon in the May-June
fishery subquota of 20,000. The Salmon Technical Team determined the
overage can be rolled over to the July-September fishery on an impact-
neutral basis with a new Chinook salmon subquota of 38,265. The treaty
tribes notified staff from NMFS, Council, and the Washington Department
of Fish and Wildlife of the need for modification of the July-September
quota. The NMFS West Coast Regional Administrator (RA) concurred with
the quota modification. This inseason action modifies quotas and/or
fishing seasons under 50 CFR 660.409(b)(1)(i).
All other restrictions and regulations remain in effect as
announced for the 2023 ocean salmon fisheries (88 FR 30235, May 11,
2023; 88 FR 44737, July 13, 2023; 88 FR 51250, August 3, 2023) except
as previously modified by inseason actions.
The RA determined that this inseason action was warranted based on
the best available information on Pacific salmon abundance forecasts,
landings and effort patterns 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 actions was given,
prior to the time the actions became
[[Page 53814]]
effective, by telephone hotline numbers 206-526-6667 and 800-662-9825.
Classification
NMFS issued 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 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. As previously noted, actual notice of the regulatory action
was provided to fishers through telephone hotlines and radio
notifications. These actions comply with the requirements of the annual
management measures for ocean salmon fisheries (88 FR 30235, May 11,
2023), the Pacific Salmon 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 allow 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 4, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-17051 Filed 8-4-23; 4:15 pm]
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