Fisheries Off West Coast States; Modifications of the West Coast Recreational and Commercial Salmon Fisheries; Inseason Actions #1 Through #5
| Published date | 23 May 2019 |
| Citation | 84 FR 23737 |
| Record Number | 2019-10808 |
| Section | Rules and Regulations |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 84 Issue 100 (Thursday, May 23, 2019)
[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23737-23739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10808]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 170831849-8404-01]
RIN 0648-XG904
Fisheries Off West Coast States; Modifications of the West Coast
Recreational and Commercial Salmon Fisheries; Inseason Actions #1
Through #5
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Modification of fishing seasons.
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SUMMARY: NMFS announces five inseason actions in the ocean salmon
fisheries. These inseason actions modified the commercial and
recreational salmon fisheries in the area from Cape Falcon, OR, to
Pigeon Point, CA.
DATES: The effective dates for the inseason actions are set out in this
document under the heading Inseason Actions.
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.
SUPPLEMENTARY INFORMATION:
Background
In the 2018 annual management measures for ocean salmon fisheries
(83
[[Page 23738]]
FR 19005, May 1, 2018), NMFS announced management measures for the
commercial and recreational fisheries in the area from Cape Falcon, OR,
to the U.S./Mexico border, effective from 0001 hours Pacific Daylight
Time (PDT), May 1, 2018, until the effective date of the 2019
management measures, as published in the Federal Register (84 FR 19729,
May 6, 2019). 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 Pacific
Fishery Management Council (Council) and the appropriate State
Directors (50 CFR 660.409(b)--Flexible inseason management provisions).
The state management agencies that participated in the consultations
described in this document were: California Department of Fish and
Wildlife (CDFW) and Oregon Department of Fish and Wildlife (ODFW).
The annual salmon management cycle begins May 1 and continues
through April 30 of the following year. As described in the final rule
for 2019 ocean salmon management measures (84 FR 19729, May 6, 2019),
the April Council meeting in 2019 occurred too late to allow enough
time for NMFS to review, approve, and implement the Council's
recommended management measures by May 1. Therefore, the rule
implementing the salmon fishery management measures in 2018 (84 FR
19005, May 1, 2018) remained in effect from May 1, 2018, until the
effective date of this 2019 rule, May 6, 2019. Fisheries scheduled to
begin before May 6, 2019, were conducted under the 2018 management
measures for the May 1 to May 6 time period. All five inseason actions
in this document apply to management measures implemented through the
2018 rule (83 FR 19005, May 1, 2018).
Inseason Actions
Inseason Action #1
Description of the action: Inseason action #1 postponed the
starting date for commercial salmon fisheries in the area from Cape
Falcon, OR, to Humbug Mountain, OR, and in the area from Humbug
Mountain, OR, to the Oregon/California border, previously scheduled to
open on March 15, 2019, to April 20, 2019.
Effective dates: Inseason action #1 took effect on March 15, 2019,
and remained in effect until May 6, 2019.
Reason and authorization for the action: The purpose of inseason
action #1 was to limit fishery impacts on age-4 Klamath River fall-run
Chinook salmon (KRFC) in order to meet Endangered Species Act (ESA)
requirements for threatened California Coastal Chinook salmon (CCC).
NMFS' ESA biological opinion on Council-managed salmon fisheries limits
fishery impacts to no more than 16 percent ocean harvest rate on age-4
KRFC as a surrogate for CCC. The NMFS West Coast Regional Administrator
(RA) considered Chinook salmon forecasts and anticipated fishery
impacts for 2019 and determined that this inseason action was necessary
to meet management and conservation objectives. Inseason modification
of fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#1 occurred on March 11, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #2
Description of the action: Inseason action #2 cancelled the
commercial salmon fishery from Horse Mountain, CA, to Point Arena, CA,
that was previously scheduled to open April 16 through 30, 2019.
Effective dates: Inseason action #2 took effect April 16, 2019, and
remained in effect until May 6, 2019.
Reason and authorization for the action: The purpose of inseason
action #2 was to limit fishery impacts on age-4 KRFC, as described
above in inseason action #1. The RA considered Chinook salmon forecasts
and anticipated fishery impacts for 2019 and determined that this
inseason action was necessary to meet management and conservation
objectives. Inseason modification of fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#2 occurred on March 11, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #3
Description of the action: Inseason action #3 postponed the
starting date for recreational salmon fisheries in the area from Horse
Mountain, CA, to Point Arena, CA, and in the area from Point Arena, CA,
to Pigeon Point, CA, previously scheduled to open on April 6, 2019, to
April 13, 2019.
Effective dates: Inseason action #3 took effect on April 6, 2019,
and remained in effect until May 1, 2019.
Reason and authorization for the action: The purpose of inseason
action #3 was to limit fishery impacts on age-4 KRFC, as described
above in inseason action #1, endangered Sacramento River winter-run
Chinook salmon and overfished Sacramento River fall-run Chinook salmon
(SRFC). The RA considered Chinook salmon forecasts and anticipated
fishery impacts for 2019 and determined that this inseason action was
necessary to meet management and conservation objectives. Inseason
modification of fishing seasons is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#3 occurred on March 11, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #4
Description of the action: Inseason action #4 postponed the
starting date for commercial salmon fisheries in the area from Cape
Falcon, OR, to Humbug Mountain, OR, and in the area from Humbug
Mountain, OR, to the Oregon/California border, previously scheduled to
open May 4, under the 2018 rule, to May 6 in 2019.
Effective dates: Inseason action #4 took effect on May 4, 2019, and
remained in effect until May 6, 2019.
Reason and authorization for the action: The purpose of inseason
action #4 was to limit fishery impacts on overfished KRFC, overfished
SRFC, and ESA-listed CCC. The RA considered Chinook salmon forecasts
and anticipated fishery impacts for 2019 and determined that this
inseason action was necessary to meet management and conservation
objectives. Inseason modification of fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#4 occurred on April 15, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #5
Description of the action: Inseason action #5 postponed the
starting date for the commercial salmon fishery in the area from the
Oregon/California border to Humboldt South Jetty, CA, previously
scheduled to open May 1, under the 2018 rule, to June 1 in 2019.
[[Page 23739]]
Effective dates: Inseason action #5 took effect on May 1, 2019, and
remained in effect until May 6, 2019.
Reason and authorization for the action: The purpose of inseason
action #3 was to limit fishery impacts on overfished KRFC, overfished
SRFC, and ESA-listed CCC. The RA considered Chinook salmon forecasts
and anticipated fishery impacts for 2019 and determined that this
inseason action was necessary to meet management and conservation
objectives. Inseason modification of fishing seasons is authorized by
50 CFR 660.409(b)(1)(i).
Consultation date and participants: Consultation on inseason action
#5 occurred on April 15, 2019. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
All other restrictions and regulations remain in effect as
announced for the 2018 ocean salmon fisheries and 2019 salmon fisheries
opening prior to May 6, 2019 (83 FR 19005, May 1, 2018), and as
modified by prior inseason actions.
The RA determined that the best available information indicated
that Chinook salmon abundance forecasts and expected fishery effort in
2019 supported the above inseason actions recommended by the states of
Oregon and California. The states manage the fisheries in state waters
adjacent to the areas of the U.S. exclusive economic zone consistent
with these federal actions. As provided by the inseason notice
procedures of 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
NOAA's Assistant Administrator (AA) for NMFS finds that good cause
exists for this notification to be issued without affording prior
notice and opportunity for public comment under 5 U.S.C. 553(b)(B)
because such notification would be impracticable. As previously noted,
actual notice of the regulatory action was provided to fishers through
telephone hotline and radio notification. This action complies with the
requirements of the annual management measures for ocean salmon
fisheries (83 FR 19005, May 1, 2018), the Pacific Coast Salmon Fishery
Management Plan (FMP), and regulations implementing the FMP under 50
CFR 660.409 and 660.411. Prior notice and opportunity for public
comment was impracticable because NMFS and the state agencies had
insufficient time to provide for prior notice and the opportunity for
public comment between the time Chinook salmon catch and effort
projections and abundance forecasts 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 available scientific information, ensuring that conservation
objectives and limits for impacts to salmon species listed under the
ESA are not exceeded. The AA also finds good cause to waive the 30-day
delay in effectiveness required under 5 U.S.C. 553(d)(3), 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.
This action is authorized by 50 CFR 660.409 and 660.411 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 20, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-10808 Filed 5-22-19; 8:45 am]
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