Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Action #19-26, 65824-65826 [2023-20796]
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Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Rules and Regulations
published in the Federal Register on
December 17, 1993 (58 FR 65936),
provided a mechanism for transferring
summer flounder commercial quota
from one state to another. Two or more
states, under mutual agreement and
with the concurrence of the NMFS
Greater Atlantic Regional Administrator,
can transfer or combine summer
flounder commercial quota under
§ 648.102(c)(2). The Regional
Administrator is required to consider
three criteria in the evaluation of
requests for quota transfers or
combinations: the transfer or
combinations would not preclude the
overall annual quota from being fully
harvested; the transfer addresses an
unforeseen variation or contingency in
the fishery; and the transfer is consistent
with the objectives of the FMP and the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The Regional
Administrator has determined these
three criteria have been met for the
transfer approved in this notification.
North Carolina is transferring 20,441
lb (9,272 kg) to Virginia through a
mutual agreement between the states.
This transfer was requested to repay
landings made by out-of-state permitted
vessels under safe harbor agreements.
The revised summer flounder quotas for
2023 are North Carolina, 3,281,083 lb
(1,488,274 kg), and Virginia, 2,764,904
lb (1,254,139 kg).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
648.102(c)(2)(i) through (iv), which was
issued pursuant to section 304(b), and is
exempted from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2023–20874 Filed 9–25–23; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 230508–0124; RTID 0648–
XD334]
Fisheries Off West Coast States;
Modification of the West Coast Salmon
Fisheries; Inseason Action #19–26
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason modification of 2023
management measures.
AGENCY:
NMFS announces eight
inseason actions for the 2023–2024
ocean salmon fishing season. These
inseason actions modify the recreational
and commercial salmon fisheries in the
area from the U.S./Canada border to
Cape Falcon, Oregon.
DATES: The effective dates for these
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, 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
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of Cape Falcon (SOF) (Cape Falcon, OR,
to the U.S./Mexico border). The actions
described in this document affect the
NOF commercial salmon troll and
recreational fisheries, as set out under
the heading Inseason Actions below.
Consultation with the Council
Chairman on these inseason actions
occurred on July 26, 2023, August 15,
2023, August 17, 2023, and August 25,
2023. These consultations included
representatives from NMFS, Washington
Department of Fish and Wildlife,
Oregon Department of Fish and
Wildlife, and California Department of
Fish and Wildlife. Representatives from
the Salmon Advisory Subpanel and
Salmon Technical Team (STT) were also
present. A Council representative was
present on August 15, 2023.
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 #19
Description of the action: Inseason
action #19 modifies the NOF ocean
salmon recreational fishery from the
Queets River to Leadbetter Point
(Westport Subarea—Marine Area 2).
Retention of Chinook salmon is
prohibited on Fridays and Saturdays.
Possession of Chinook salmon is illegal
when retention is prohibited in the area.
Effective dates: Inseason action #19
takes effect on July 28, 2023, at 12:01
a.m., and remains in effect until
superseded.
Reason and authorization for the
action: Inseason action #19 was
necessary to not exceed the Chinook
salmon guideline due to high Chinook
salmon catch and preserve the length of
the season while continuing to allow
access to coho salmon. The NMFS West
Coast Regional Administrator (RA)
determined that this inseason action is
necessary to meet management and
conservations goals for the 2023–2024
management measures after considering
the best available information on the
2023 abundance forecasts for Chinook
salmon stocks, landings and effort
patterns to date, anticipated fishery
effort and projected catch, the timing of
the action relative to the length of the
season, and the other factors and
considerations set forth in 50 CFR
660.409. This inseason action modified
recreational bag limits under 50 CFR
660.409(b)(1)(iii).
Inseason Action #20
Description of the action: Inseason
action #20 modifies the NOF
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commercial salmon troll fishery. The
area between the U.S./Canada border
and Cape Falcon is open, the landing
and possession limit decreased from 20
Chinook salmon and 150 adipose
marked coho salmon per vessel per
landing week (Thursday–Wednesday) to
7 Chinook salmon and 100 adipose
marked coho salmon per vessel per
landing week (Thursday—Wednesday).
Effective dates: Inseason action #20
takes effect on August 17, 2023, at 12:01
a.m., and remains in effect until
September 30, 2023, at 11:59 p.m.
Reason and authorization for the
action: Inseason action #20 was
necessary to avoid exceedance of the
Chinook salmon guideline and
maximize catch of the available coho
salmon quota. The RA determined that
this inseason action is necessary to meet
management and conservations goals for
the 2023–2024 management measures
after considering the best available
information on the 2023 abundance
forecasts for Chinook salmon stocks,
landings and effort patterns to date,
anticipated fishery effort and projected
catch, the timing of the action relative
to the length of the season, and the other
factors and considerations set forth in
50 CFR 660.409. This inseason action
modified quotas and/or fishing seasons
under 50 CFR 660.409(b)(1)(i).
Inseason Action #21
Description of the action: Inseason
action #21 modifies the NOF ocean
recreational salmon fishery. The area
from the Queets River to Leadbetter
Point (Marine Area 2—Westport
Subarea) is open with a daily limit of
two salmon, only one of which may be
a Chinook salmon. All coho salmon
must be marked with a healed adipose
fin clip.
Effective dates: Inseason action #21
takes effect on August 18, 2023, at 12:01
a.m., and remains in effect until
September 30, 2023, at 11:59 p.m.
Reason and authorization for the
action: Due to larger than expected
Chinook salmon catch, inseason action
#21 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. The RA determined that
this inseason action is necessary to meet
management and conservations goals for
the 2023–2024 management measures
after considering the best available
information on the 2023 abundance
forecasts for Chinook salmon stocks,
landings and effort patterns to date,
anticipated fishery effort and projected
catch, the timing of the action relative
to the length of the season, and the other
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factors and considerations set forth in
50 CFR 660.409. This inseason action
modified recreational bag limits under
50 CFR 660.409(b)(1)(iii).
Inseason Action #22
Description of the action: Inseason
action #22 modifies the NOF
commercial salmon troll fishery from
the U.S./Canada border to Cape Falcon.
The coho salmon quota is adjusted, on
an impact neutral basis, from markselective to non-mark-selective. The
adjusted non-mark-selective coho
salmon quota is 9,070. The landing and
possession limit for coho salmon is
modified to 100 coho salmon (marked or
unmarked) per vessel per landing week
(Thursday–Wednesday). The landing
and possession limit for Chinook
salmon remains 7 Chinook salmon per
vessel per landing week (Thursday–
Wednesday).
Effective dates: Inseason action #22
takes effect on August 26, 2023, at 12:01
a.m. and remains in effect until
superseded.
Reason and authorization for the
action: Inseason action #22 was
necessary to avoid exceedance of the
Chinook salmon guideline and
maximize catch of the available coho
salmon quota. The RA determined that
this inseason action is necessary to meet
management and conservations goals for
the 2023–2024 management measures
after considering the best available
information on the 2023 abundance
forecasts for Chinook salmon stocks,
landings and effort patterns to date,
anticipated fishery effort and projected
catch, the timing of the action relative
to the length of the season, and the other
factors and considerations set forth in
50 CFR 660.409. This inseason action
modified quotas and/or fishing seasons
under 50 CFR 660.409(b)(1)(i).
Inseason Actions #23–#26
Descriptions of the actions: Inseason
actions #23–#26 modify the NOF
recreational salmon fisheries.
• Inseason action #23, the coho
salmon quota in the area from Cape
Falcon to Leadbetter Point (Columbia
River subarea—Marine Area 1) is
adjusted on an impact neutral basis,
from mark-selective to non-markselective. The non-mark-selective coho
salmon quota is 21,740. The daily limit
is modified to two salmon per day, only
one of which may be a Chinook salmon.
• Inseason action #24, the coho
salmon quota in the area from the
Queets River to Leadbetter Point
(Westport subarea—Marine Area 2) is
adjusted on an impact neutral basis,
from mark-selective to non-markselective. The non-mark-selective coho
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65825
salmon quota is 16,010. The daily limit
is modified to two salmon per day, only
one of which may be a Chinook salmon.
• Inseason action #25, the coho
salmon quota in the area from Cape
Alava to the Queets River (La Push
subarea—Marine Area 3) is adjusted on
an impact neutral basis, from markselective to non-mark-selective. The
non-mark-selective coho salmon quota
is 1,210. The daily limit is modified to
two salmon per day; retention of chum
salmon is prohibited.
• Inseason action #26, the coho
salmon quota in the area from the U.S./
Canada border to Cape Alava (Neah Bay
subarea—Marine Area 4) is adjusted on
an impact neutral basis, from markselective to non-mark-selective. The
non-mark-selective coho salmon quota
is 4,800. The daily limit is modified to
two salmon per day; retention of chum
salmon is prohibited. The portion of the
subarea east of the Bonilla-Tatoosh line
is closed to fishing for salmon.
Effective dates: Inseason actions #23–
#26 take effect on August 26, 2023, at
12:01 a.m. and remain in effect until
superseded.
Reason and authorization for actions
#23–#26: Inseason actions #23–#26 were
necessary to allow for increased access
to the coho salmon quota, which had
not been fully used, while not exceeding
the impact limits for protected Chinook
salmon stocks. Quotas have been
adjusted downward in a manner to
ensure that impacts to non-markselective coho salmon are not increased
from preseason expected rates. The
annual management measures (88 FR
30235, May 11, 2023) provide for
inseason action to modify the
regulations that restrict retention of unmarked coho salmon fishery while still
achieving management objectives,
including not exceeding allowable
impacts on constraining Chinook and
coho salmon stocks. The STT calculated
the necessary adjustments to the coho
salmon quota on an impact neutral basis
for the constraining stocks in the NOF
area.
The RA determined that these
inseason actions are necessary to meet
management and conservations goals for
the 2023–2024 management measures
after considering the best available
information on the 2023 abundance
forecasts for Chinook salmon stocks,
landings and effort patterns to date,
anticipated fishery effort and projected
catch, the timing of the action relative
to the length of the season, and the other
factors and considerations set forth in
50 CFR 660.409. These inseason actions
modified recreational bag limits
authorized by 50 CFR 660.409(b)(1)(iii).
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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;
88 FR 53813, August 9, 2023; 88 FR
58522, August 28, 2023) except as
previously modified by inseason
actions.
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 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.
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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
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
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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: September 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2023–20796 Filed 9–25–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Rules and Regulations]
[Pages 65824-65826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20796]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 230508-0124; RTID 0648-XD334]
Fisheries Off West Coast States; Modification of the West Coast
Salmon Fisheries; Inseason Action #19-26
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2023 management measures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces eight inseason actions for the 2023-2024 ocean
salmon fishing season. These inseason actions modify the recreational
and commercial salmon fisheries in the area from the U.S./Canada border
to Cape Falcon, Oregon.
DATES: The effective dates for these 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, 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 actions described in this document affect the NOF
commercial salmon troll and recreational fisheries, as set out under
the heading Inseason Actions below.
Consultation with the Council Chairman on these inseason actions
occurred on July 26, 2023, August 15, 2023, August 17, 2023, and August
25, 2023. These consultations included representatives from NMFS,
Washington Department of Fish and Wildlife, Oregon Department of Fish
and Wildlife, and California Department of Fish and Wildlife.
Representatives from the Salmon Advisory Subpanel and Salmon Technical
Team (STT) were also present. A Council representative was present on
August 15, 2023.
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 #19
Description of the action: Inseason action #19 modifies the NOF
ocean salmon recreational fishery from the Queets River to Leadbetter
Point (Westport Subarea--Marine Area 2). Retention of Chinook salmon is
prohibited on Fridays and Saturdays. Possession of Chinook salmon is
illegal when retention is prohibited in the area.
Effective dates: Inseason action #19 takes effect on July 28, 2023,
at 12:01 a.m., and remains in effect until superseded.
Reason and authorization for the action: Inseason action #19 was
necessary to not exceed the Chinook salmon guideline due to high
Chinook salmon catch and preserve the length of the season while
continuing to allow access to coho salmon. The NMFS West Coast Regional
Administrator (RA) determined that this inseason action is necessary to
meet management and conservations goals for the 2023-2024 management
measures after considering the best available information on the 2023
abundance forecasts for Chinook salmon stocks, landings and effort
patterns to date, anticipated fishery effort and projected catch, the
timing of the action relative to the length of the season, and the
other factors and considerations set forth in 50 CFR 660.409. This
inseason action modified recreational bag limits under 50 CFR
660.409(b)(1)(iii).
Inseason Action #20
Description of the action: Inseason action #20 modifies the NOF
[[Page 65825]]
commercial salmon troll fishery. The area between the U.S./Canada
border and Cape Falcon is open, the landing and possession limit
decreased from 20 Chinook salmon and 150 adipose marked coho salmon per
vessel per landing week (Thursday-Wednesday) to 7 Chinook salmon and
100 adipose marked coho salmon per vessel per landing week (Thursday--
Wednesday).
Effective dates: Inseason action #20 takes effect on August 17,
2023, at 12:01 a.m., and remains in effect until September 30, 2023, at
11:59 p.m.
Reason and authorization for the action: Inseason action #20 was
necessary to avoid exceedance of the Chinook salmon guideline and
maximize catch of the available coho salmon quota. The RA determined
that this inseason action is necessary to meet management and
conservations goals for the 2023-2024 management measures after
considering the best available information on the 2023 abundance
forecasts for Chinook salmon stocks, landings and effort patterns to
date, anticipated fishery effort and projected catch, the timing of the
action relative to the length of the season, and the other factors and
considerations set forth in 50 CFR 660.409. This inseason action
modified quotas and/or fishing seasons under 50 CFR 660.409(b)(1)(i).
Inseason Action #21
Description of the action: Inseason action #21 modifies the NOF
ocean recreational salmon fishery. The area from the Queets River to
Leadbetter Point (Marine Area 2--Westport Subarea) is open with a daily
limit of two salmon, only one of which may be a Chinook salmon. All
coho salmon must be marked with a healed adipose fin clip.
Effective dates: Inseason action #21 takes effect on August 18,
2023, at 12:01 a.m., and remains in effect until September 30, 2023, at
11:59 p.m.
Reason and authorization for the action: Due to larger than
expected Chinook salmon catch, inseason action #21 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. The RA determined that this
inseason action is necessary to meet management and conservations goals
for the 2023-2024 management measures after considering the best
available information on the 2023 abundance forecasts for Chinook
salmon stocks, landings and effort patterns to date, anticipated
fishery effort and projected catch, the timing of the action relative
to the length of the season, and the other factors and considerations
set forth in 50 CFR 660.409. This inseason action modified recreational
bag limits under 50 CFR 660.409(b)(1)(iii).
Inseason Action #22
Description of the action: Inseason action #22 modifies the NOF
commercial salmon troll fishery from the U.S./Canada border to Cape
Falcon. The coho salmon quota is adjusted, on an impact neutral basis,
from mark-selective to non-mark-selective. The adjusted non-mark-
selective coho salmon quota is 9,070. The landing and possession limit
for coho salmon is modified to 100 coho salmon (marked or unmarked) per
vessel per landing week (Thursday-Wednesday). The landing and
possession limit for Chinook salmon remains 7 Chinook salmon per vessel
per landing week (Thursday-Wednesday).
Effective dates: Inseason action #22 takes effect on August 26,
2023, at 12:01 a.m. and remains in effect until superseded.
Reason and authorization for the action: Inseason action #22 was
necessary to avoid exceedance of the Chinook salmon guideline and
maximize catch of the available coho salmon quota. The RA determined
that this inseason action is necessary to meet management and
conservations goals for the 2023-2024 management measures after
considering the best available information on the 2023 abundance
forecasts for Chinook salmon stocks, landings and effort patterns to
date, anticipated fishery effort and projected catch, the timing of the
action relative to the length of the season, and the other factors and
considerations set forth in 50 CFR 660.409. This inseason action
modified quotas and/or fishing seasons under 50 CFR 660.409(b)(1)(i).
Inseason Actions #23-#26
Descriptions of the actions: Inseason actions #23-#26 modify the
NOF recreational salmon fisheries.
Inseason action #23, the coho salmon quota in the area
from Cape Falcon to Leadbetter Point (Columbia River subarea--Marine
Area 1) is adjusted on an impact neutral basis, from mark-selective to
non-mark-selective. The non-mark-selective coho salmon quota is 21,740.
The daily limit is modified to two salmon per day, only one of which
may be a Chinook salmon.
Inseason action #24, the coho salmon quota in the area
from the Queets River to Leadbetter Point (Westport subarea--Marine
Area 2) is adjusted on an impact neutral basis, from mark-selective to
non-mark-selective. The non-mark-selective coho salmon quota is 16,010.
The daily limit is modified to two salmon per day, only one of which
may be a Chinook salmon.
Inseason action #25, the coho salmon quota in the area
from Cape Alava to the Queets River (La Push subarea--Marine Area 3) is
adjusted on an impact neutral basis, from mark-selective to non-mark-
selective. The non-mark-selective coho salmon quota is 1,210. The daily
limit is modified to two salmon per day; retention of chum salmon is
prohibited.
Inseason action #26, the coho salmon quota in the area
from the U.S./Canada border to Cape Alava (Neah Bay subarea--Marine
Area 4) is adjusted on an impact neutral basis, from mark-selective to
non-mark-selective. The non-mark-selective coho salmon quota is 4,800.
The daily limit is modified to two salmon per day; retention of chum
salmon is prohibited. The portion of the subarea east of the Bonilla-
Tatoosh line is closed to fishing for salmon.
Effective dates: Inseason actions #23-#26 take effect on August 26,
2023, at 12:01 a.m. and remain in effect until superseded.
Reason and authorization for actions #23-#26: Inseason actions #23-
#26 were necessary to allow for increased access to the coho salmon
quota, which had not been fully used, while not exceeding the impact
limits for protected Chinook salmon stocks. Quotas have been adjusted
downward in a manner to ensure that impacts to non-mark-selective coho
salmon are not increased from preseason expected rates. The annual
management measures (88 FR 30235, May 11, 2023) provide for inseason
action to modify the regulations that restrict retention of un-marked
coho salmon fishery while still achieving management objectives,
including not exceeding allowable impacts on constraining Chinook and
coho salmon stocks. The STT calculated the necessary adjustments to the
coho salmon quota on an impact neutral basis for the constraining
stocks in the NOF area.
The RA determined that these inseason actions are necessary to meet
management and conservations goals for the 2023-2024 management
measures after considering the best available information on the 2023
abundance forecasts for Chinook salmon stocks, landings and effort
patterns to date, anticipated fishery effort and projected catch, the
timing of the action relative to the length of the season, and the
other factors and considerations set forth in 50 CFR 660.409. These
inseason actions modified recreational bag limits authorized by 50 CFR
660.409(b)(1)(iii).
[[Page 65826]]
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; 88 FR
53813, August 9, 2023; 88 FR 58522, August 28, 2023) except as
previously modified by inseason actions.
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 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 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: September 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-20796 Filed 9-25-23; 8:45 am]
BILLING CODE 3510-22-P
