Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #8 Through #15

Published date11 March 2021
Citation86 FR 13824
Record Number2021-05076
SectionRules and Regulations
CourtNational Oceanic And Atmospheric Administration
13824
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
T
ABLE
2—P
REVIOUS
F
ISHING
Y
EAR
2020 P
OSSESSION AND
T
RIP
L
IMITS
—Continued
Stock A days-at-sea
(DAS) Handgear A Handgear B Small vessel
category
GOM haddock ................... 1,000 lb (453.6 kg) per DAS, up to 2,000 lb (907.2
kg) per trip. 1,000 lb (453.6 kg) per trip 300 lb (136.1 kg) per trip.
SNE/MA winter flounder ... 2,000 lb (907.2 kg) per DAS, up to 4,000 lb
(1,814.4 kg) per trip. 2,000 lb (907.2 kg) per trip.
American plaice ................ 1,000 lb (453.6 kg) per DAS, up to 2,000 lb (907.2
kg) per trip. 1,000 lb (453.6 kg) per trip.
Witch flounder ................... 750 lb (340.2 kg) per trip.
T
ABLE
3—N
EW
F
ISHING
Y
EAR
2020 P
OSSESSION AND
T
RIP
L
IMITS
Stock A days-at-sea
(DAS) Handgear A Handgear B Small vessel
category
GB cod .............................. 500 lb (226.8 kg) per DAS, up to 1,000 lb (453.6
kg) per trip. 500 lb (226.8 kg) per trip 25 lb (11.3 kg) per trip .... 300 lb (136.1 kg) per trip.
GOM cod ........................... 150 lb (68.0 kg) per DAS, up to 300 lb (136.1 kg)
per trip. 150 lb (68.0 kg) per trip .. 25 lb (11.3 kg) per trip .... 150 lb (68.0 kg) per trip.
GOM haddock ................... 3,000 lb (1360.8 kg) per DAS, up to 6,000 lb
(2721.6 kg) per trip. 3,000 lb (1360.8 kg) per trip 300 lb (136.1 kg) per trip.
SNE/MA winter flounder ... 3,000 lb (1360.8 kg) per DAS, up to 6,000 lb
(2721.6 kg) per trip. 3,000 lb (1360.8 kg) per trip.
American plaice ................ 3,000 lb (1360.8 kg) per DAS, up to 6,000 lb
(2721.6 kg) per trip. 3,000 lb (1360.8 kg) per trip.
Witch flounder ................... 1,500 lb (680.4 kg) per trip.
Weekly quota monitoring reports for
the common pool fishery can be found
on our website at: http://
www.greateratlantic.fisheries.noaa.gov/
ro/fso/MultiMonReports.htm. We will
continue to monitor common pool catch
through vessel trip reports, dealer-
reported landings, Vessel Monitoring
System catch reports, and other
available information and, if necessary,
we will make additional adjustments to
common pool management measures.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
648.86(o), which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5
U.S.C. 553(d)(3) to waive prior notice
and the opportunity for public comment
and the 30-day delayed effectiveness
period because this action relieves
possession and landing restrictions, and
delayed implementation would be
impracticable and contrary to the public
interest.
The regulations at § 648.86(o)
authorize the Regional Administrator to
adjust the possession and trip limits for
common pool vessels in order to help
avoid overharvest or underharvest of the
common pool quotas. Our analysis
indicates that this action’s increased
possession and trip limit adjustments
for these stocks should help the fishery
achieve the optimum yields (OY) for
each stock. Any delay in this action
would limit the benefits to common
pool vessels that the increased landing
and possession limits are intended to
provide.
The time necessary to provide for
prior notice and comment, and a 30-day
delay in effectiveness, would keep
NMFS from implementing the necessary
possession and trip limit before the end
of the fishing year on April 30, 2021,
which could prevent the fishery from
achieving OY and cause negative
economic impacts to the common pool
fishery. This would undermine
management objectives of the Northeast
Multispecies Fishery Management Plan
and cause unnecessary negative
economic impacts to the common pool
fishery. The public received prior notice
and an opportunity to comment on the
Regional Administrator’s exercise of this
authority. The fishing industry
participants have experienced these
adjustments and have become
accustomed to this process. There is
additional good cause to waive the
delayed effective period because this
action relieves restrictions on fishing
vessels by increasing a trip limit.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–05110 Filed 3–10–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 200505–0127; RTID 0648–
XA378]
Fisheries Off West Coast States;
Modifications of the West Coast
Commercial and Recreational Salmon
Fisheries; Inseason Actions #8
Through #15
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Inseason modification of 2020
management measures.
SUMMARY
: NMFS announces eight
inseason actions in the 2020 ocean
salmon fisheries. These inseason actions
modified the commercial and
recreational salmon fisheries in the area
VerDate Sep<11>2014 16:13 Mar 10, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\11MRR1.SGM 11MRR1
khammond on DSKJM1Z7X2PROD with RULES
13825
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
from the U.S./Canada border to the
Oregon/California border.
DATES
: The effective dates for the
inseason actions are set out in this
document under the heading Inseason
Actions.
FOR FURTHER INFORMATION CONTACT
:
Christina Iverson at 360–742–2506,
email: Christina.iverson@noaa.gov.
SUPPLEMENTARY INFORMATION
:
Background
In the 2020 annual management
measures for ocean salmon fisheries (85
FR 27317, May 8, 2020), 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 6, 2020, until the effective
date of the 2021 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 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: The Washington
Department of Fish and Wildlife
(WDFW), the Oregon Department of
Fish and Wildlife (ODFW), and the
California Department of Fish and
Wildlife (CDFW).
Management Areas
Management of the salmon fisheries is
generally 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 affected NOF and SOF
fisheries as set out under the heading
Inseason Actions.
Inseason Actions
Inseason Action #8
Description of the action: Inseason
action #8 adjusted the July–September
quota in the NOF commercial salmon
fishery to account for an impact-neutral
rollover of unused quota from the May–
June fishery in the same area. The July–
September quota was increased from
13,820 to 25,499 Chinook salmon.
Effective dates: Inseason action #8
took effect on July 9, 2020, and
remained in effect through September
30, 2020, the end of the 2020 NOF
commercial salmon season.
Reason and authorization for the
action: Provision for this impact-neutral
rollover of uncaught quota is specified
in the 2020 ocean salmon regulations
(85 FR 27317, May 8, 2020). The NOF
May–June commercial salmon fishery
had a quota of 13,820 Chinook salmon.
Of that, 2,141 Chinook salmon were
caught, leaving quota of 11,679 Chinook
salmon uncaught. The Council’s Salmon
Technical Team (STT) determined that
a 1:1 rollover of the unused quota to the
July–September fishery would have
similar stock-specific fishery impacts to
those set preseason. Therefore, the
remaining quota of 11,679 was rolled
over, on an impact-neutral basis, to the
July–September fishery and added to
the quota set during preseason planning
of 13,820, for an adjusted summer NOF
commercial quota of 25,499 Chinook
salmon. This action did not increase
overall 2020 Chinook salmon quota in
the NOF commercial salmon fishery.
The NMFS West Coast Regional
Administrator (RA) considered the
landed catch of Chinook salmon to date,
the amount of quota remaining, and the
timing of the action relative to the
length of the season, and determined
that this inseason action was necessary
to meet management goals set
preseason. Inseason action to modify
quotas is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants:
Consultation under 50 CFR 660.409(b)
on inseason action #8 occurred on July
9, 2020. Representatives from NMFS,
WDFW, ODFW, and the Council
participated in this consultation.
Inseason Action #9
Description of the action: Inseason
action #9 adjusted the July quota in the
SOF commercial salmon fishery in the
Oregon Klamath Management Zone
(Oregon KMZ) (Humbug Mountain, OR,
to the Oregon/California border) to
account for an impact-neutral rollover of
unused quota from June. The July quota
was adjusted from 300 Chinook salmon
to 630 Chinook salmon.
Effective dates: Inseason action #9
took effect on July 9, 2020, and
remained in effect through July 31,
2020, the end of the 2020 SOF
commercial salmon season in the
Oregon KMZ.
Reason and authorization for the
action: The provision for this impact-
neutral rollover of uncaught quota is
specified in the 2020 ocean salmon
regulations (85 FR 27317, May 8, 2020).
The Oregon KMZ commercial salmon
fishery had a June quota of 700 Chinook
salmon. Of that, 165 Chinook salmon
were caught, leaving quota of 535
Chinook salmon uncaught. Due to
increased fishery impacts on Klamath
River fall-run Chinook salmon in July as
described in domestic fishery
management models, as compared with
June, the STT determined that the
unused June quota of 535 Chinook
salmon would need to be reduced to 330
Chinook salmon to attain an impact-
neutral rollover to July. Therefore, 330
Chinook salmon were rolled over, on an
impact-neutral basis, to the July fishery
and added to the July quota set during
preseason planning of 300 Chinook
salmon, for an adjusted July Oregon
KMZ commercial quota of 630 Chinook
salmon. The RA considered the landed
catch of Chinook salmon to date, the
amount of quota remaining, and the
timing of the action relative to the
length of the season, and determined
that this inseason action was necessary
to meet management goals set
preseason. Inseason action to modify
quotas and/or fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #9
occurred on July 9, 2020.
Representatives from NMFS, CDFW,
ODFW, and the Council participated in
this consultation.
Inseason Action #10
Description of the action: Inseason
action #10 closed the NOF recreational
salmon fishery from Leadbetter Point,
WA to Cape Falcon, OR (Columbia River
subarea) due to anticipated attainment
of quota.
Effective dates: Inseason action #10
took effect at 11:59 p.m., July 26, 2020,
and remained in effect through
September 30, 2020, the end of the 2020
NOF recreational salmon season.
Reason and authorization for the
action: The purpose of inseason action
#10 was to avoid exceeding the subarea
quota for coho salmon in the Columbia
River subarea recreational salmon
fishery. The RA considered the landed
catch of coho salmon to date, the
amount of quota remaining, and the
timing of the action relative to the
length of the season, and determined
that this inseason action was necessary
to avoid exceeding the subarea quota set
preseason. Inseason action to modify
quotas and/or fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #10
occurred on July 23, 2020.
VerDate Sep<11>2014 16:13 Mar 10, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\11MRR1.SGM 11MRR1
khammond on DSKJM1Z7X2PROD with RULES
13826
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
Inseason Action #11
Description of the action: Inseason
action #11 closed the NOF recreational
salmon fishery from the U.S./Canada
border to Cape Alava, WA (Neah Bay
subarea), due to anticipated attainment
of quota.
Effective dates: Inseason action #11
took effect at 11:59 p.m., August 7,
2020, and remained in effect through
September 30, 2020, the end of the 2020
NOF recreational salmon season.
Reason and authorization for the
action: The purpose of inseason action
#11 was to avoid exceeding the subarea
quota for coho salmon in the Neah Bay
subarea recreational salmon fishery. The
RA considered the landed catch of coho
salmon to date, the amount of quota
remaining, and the timing of the action
relative to the length of the season, and
determined that this inseason action
was necessary to avoid exceeding the
subarea quota set preseason. Inseason
action to modify quotas and/or fishing
seasons is authorized by 50 CFR
660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #11
occurred on August 5, 2020.
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
Inseason Action #12
Description of the action: Inseason
action #12 adjusted the non-mark
selective coho salmon quota in the SOF
recreational fishery from Cape Falcon to
Humbug Mountain to account for an
impact-neutral rollover of unused quota
from the mark selective fishery in the
same area. The non-selective quota was
increased from 3,000 to 4,650.
Effective dates: Inseason action #12
took effect at 12:01 a.m. on September
4, 2020, and remained in effect through
October 31, 2020, the end of the SOF
recreational salmon season in the area
from Cape Falcon to Humbug Mountain.
Reason and authorization for the
action: Provision for this impact-neutral
rollover of uncaught quota is specified
in the 2020 ocean salmon regulations
(85 FR 27317, May 8, 2020). The SOF
June–August mark selective recreational
coho salmon fishery had a remaining
quota of 8,607 uncaught coho salmon as
of August 26, 2020. The STT
determined that a rollover of 1,650 of
the unused quota to the non-mark
selective fishery would have similar
fishery impacts to those set during
preseason planning for Oregon Coastal
natural coho salmon, and would not
exceed the 11.6 percent exploitation rate
set preseason. Therefore, of the
remaining coho quota, 1,650 was rolled
over on an impact-neutral basis, to the
non-mark selective fishery in the same
area. This adjusted the September non-
mark selective quota from 3,000 to 4,650
coho salmon. This action did not
increase the overall 2020 coho salmon
quota in the SOF recreational salmon
fishery. The RA considered the landed
catch of coho salmon to date, the
amount of quota remaining, and the
timing of the action relative to the
length of the season, and determined
that this inseason action was necessary
to meet management goals set
preseason. Inseason action to modify
quotas and/or fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation under 50 CFR 660.409(b)
on inseason action #12 occurred on
August 26, 2020. Representatives from
NMFS, CDFW, ODFW, and the Council
participated in this consultation.
Inseason Action #13
Description of the action: Inseason
action #13 modified the days open for
fishing from five to seven days a week,
and adjusted the daily bag limit to allow
retention of up to two Chinook salmon
in the recreational salmon fishery U.S./
Canada border to Cape Alava, WA
(Westport subarea). Previously, the two
salmon per day bag limit in this fishery
allowed retention of only one Chinook
salmon.
Effective dates: Inseason action #13
took effect at 12:01 a.m. on September
4, 2020, and remained in effect through
the September 30, 2020, the end of the
2020 NOF recreational salmon season.
Reason and authorization for the
action: The purpose of inseason action
#13 was to allow greater access to
available Chinook salmon quota in the
recreational fishery. The RA considered
Chinook and coho salmon landings and
fishery effort in the Westport subarea
and determined that this inseason
action was necessary to meet
management objectives set preseason.
Inseason modification of recreational
bag limits and recreational fishing days
per calendar week is authorized by 50
CFR 660.409(b)(1)(iii).
Consultation date and participants:
Consultation on inseason action #13
occurred on September 2, 2020.
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
Inseason Action #14
Description of the action: Inseason
action #14 transferred 228 coho salmon
from the NOF recreational coho salmon
quota for the La Push subarea to the
NOF recreational coho salmon quota for
the Neah Bay subarea on a 1:1, impact-
neutral basis. The Neah Bay quota was
increased from 2,760 coho salmon to
2,988 coho salmon. The La Push quota
was decreased from 690 coho salmon to
462 coho salmon. The NOF recreational
coho salmon quota in the Neah Bay
subarea was adjusted from 2,760 to
2,988 on an impact-neutral basis. This
1:1 roll over of coho salmon quota from
the La Push subarea was necessary to
have similar fishery impacts to those set
preseason in Neah Bay. This also
adjusted the La Push subarea quota from
690 coho salmon to 462 coho salmon.
Effective dates: Inseason action #14
took effect September 2, 2020, and
remained in effect through September
30, 2020, the end of the 2020 NOF
recreational salmon season.
Reason and authorization for the
action: Provision for this impact-neutral
rollover of uncaught quota is specified
in the 2020 ocean salmon regulations
(85 FR 27317, May 8, 2020). The NOF
Neah Bay recreational coho salmon
fishery reported an overage of 228 coho
salmon as of August 7, 2020, when the
fishery closed (see inseason action #11,
above). At the time of the inseason
consultation, the La Push subarea had
517 coho salmon remaining on the
preseason quota of 690 coho salmon.
The Council’s STT determined that a 1:1
rollover of the unused coho quota from
the La Push subarea to the Neah Bay
subarea would have similar fishery
impacts to those set preseason.
Therefore, 228 of coho quota from the
La Push subarea was rolled over, on an
impact-neutral basis, to the Neah Bay
subarea coho fishery, for an adjusted
Neah Bay subarea quota of 2,988 for the
2020 season and a revised remaining La
Push subarea coho quota of 462. This
action did not increase overall 2020
coho salmon quota in the NOF
recreational salmon fishery. The RA
considered the landed catch of coho
salmon to date, the amount of quota
taken to date, and the timing of the
action relative to the length of the
season, and determined that this
inseason action was necessary to meet
management goals set preseason and
address the overage in the Neah Bay
subarea coho catch. Inseason action to
modify quotas and/or fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i).
Consultation date and participants:
Consultation on inseason action #14
occurred on September 2, 2020.
Representatives from NMFS, WDFW,
ODFW, and the Council participated in
this consultation.
VerDate Sep<11>2014 16:13 Mar 10, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\11MRR1.SGM 11MRR1
khammond on DSKJM1Z7X2PROD with RULES
13827
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
Inseason Action #15
Description of the action: Inseason
action #15 closed the SOF recreational
non-mark selective coho fishery from
Cape Falcon, OR to Humbug Mountain,
CA due to anticipated attainment of
quota.
Effective dates: Inseason action #15
took effect at 12:01 a.m. Friday
September 11, 2020, and remained in
effect through September 30, 2020, the
end of the 2020 SOF recreational
salmon season in the area from Cape
Falcon, OR to Humbug Mountain, CA.
Reason and authorization for the
action: The purpose of inseason action
#15 was to avoid exceeding the subarea
quota for coho salmon in the SOF
recreational salmon fishery in the area
from Cape Falcon to Humbug Mountain.
The RA considered the landed catch of
coho salmon to date, the amount of
quota remaining, and the timing of the
action relative to the length of the
season, and determined that this
inseason action was necessary to avoid
exceeding the subarea quota set
preseason. The 2020 salmon
management measures authorize the
closure of fisheries, as specified in the
2020 ocean salmon regulations (85 FR
27317, May 8, 2020).
Consultation date and participants:
Consultation on inseason action #15
occurred on September 8, 2020.
Representatives from NMFS, CDFW,
ODFW, and the Council participated in
this consultation.
All other restrictions and regulations
remain in effect as announced for the
2020 ocean salmon fisheries (85 FR
27317, May 8, 2020) and as modified by
previous inseason actions (85 FR 31707,
May 27, 2020 and 85 FR 55784,
September 10, 2020).
The RA determined that these
inseason actions, recommended by the
States of Washington, Oregon, and
California were warranted based on the
best available information on Pacific
salmon landings to date, fishery effort,
and remaining Pacific salmon quota.
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 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 Act. These actions are required
by 50 CFR 660.409, 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
these actions, as notice and comment
would be impracticable and contrary to
the public interest. 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 and coho
salmon catch and effort information was
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 Endangered Species Act are not
exceeded. 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 (85 FR 27317,
May 8, 2020), the Pacific Coast 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 these actions 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: March 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–05076 Filed 3–10–21; 8:45 am]
BILLING CODE 3510–22–P
VerDate Sep<11>2014 16:13 Mar 10, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4700 Sfmt 9990 E:\FR\FM\11MRR1.SGM 11MRR1
khammond on DSKJM1Z7X2PROD with RULES

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT