[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Rules and Regulations]
[Pages 27687-27689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10029]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180702602-9400-01]
[RTID 0648 -XW022]
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.
-----------------------------------------------------------------------
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 the
U.S./Mexico border.
[[Page 27688]]
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 360-753-6038 or
Peggy Mundy at 206-526-4323.
SUPPLEMENTARY INFORMATION:
Background
In the 2019 annual management measures for ocean salmon fisheries
(84 FR 19729, May 6, 2019), 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, 2019, until the effective date of the 2020
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:
California Department of Fish and Wildlife (CDFW) and Oregon Department
of Fish and Wildlife (ODFW).
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, 2020, to April 15, 2020.
Effective dates: Inseason action #1 took effect on March 15, 2020,
and remains in effect until modified by further inseason action or
superseded by the 2020 annual management measures.
Reason and authorization for the action: The purpose of inseason
action #1 was to limit fishery impacts on Klamath River fall-run
Chinook salmon (KRFC) which have a low abundance forecast in 2020. This
stock was determined by NMFS in 2018 to be overfished and is being
managed in 2020 under the Council's recommended rebuilding plan, which
NMFS has proposed to approve (85 FR 6135, February 4, 2020). The NMFS
West Coast Regional Administrator (RA) considered Chinook salmon
forecasts and anticipated fishery impacts for 2020 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 8, 2020. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #2
Description of the action: Inseason action #2 canceled the
commercial salmon fishery from Horse Mountain, CA, to Point Arena, CA,
that was previously scheduled to be open April 16, 2020 through April
30, 2020.
Effective dates: Inseason action #2 will take effect April 16,
2020, and remains in effect unless modified by further inseason action
or superseded by the 2020 annual management measures.
Reason and authorization for the action: The purpose of inseason
action #2 was to limit fishery impacts on KRFC, as described above in
inseason action #1. The RA considered Chinook salmon forecasts and
anticipated fishery impacts for 2020 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 8, 2020. 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 4, 2020, to
April 11, 2020.
Effective dates: Inseason action #3 took effect on April 4, 2020,
and remains in effect until modified by further inseason action or
superseded by the 2020 annual management.
Reason and authorization for the action: The purpose of inseason
action #3 was to limit fishery impacts on KRFC, as described above in
inseason action #1. The RA considered Chinook salmon forecasts and
anticipated fishery impacts for 2020 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 8, 2020. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
Inseason Action #4
Description of the action: Inseason action #4 closed the
recreational salmon fisheries from Horse Mountain, CA, to the U.S./
Mexico border, previously scheduled to open in April 2020.
Effective dates: Inseason action #4 took effect on April 1, 2020,
and remains in effect until April 30, 2020, unless modified by further
inseason action or superseded by the 2020 annual management.
Reason and authorization for the action: Inseason action #4 was
recommended by CDFW in response to restrictions enacted by the State of
California and various local jurisdictions to address public health
concerns. These restrictions include a statewide mandate for all
individuals living in the State of California to stay home or at their
place of residence, except as needed to maintain continuity of
operation of essential critical infrastructure (State of California
Executive Order N-33-20) and the concurrent closure of boat launches
and marinas. CDFW recommended that closing these recreational fisheries
in April would allow the impacts to be utilized in other time and area
fisheries later in the year. The RA considered actions by the State of
California and local jurisdictions which restricted access to the
fishery by the public and determined that this inseason action was
consistent with promoting public health and safety and that re-
allocating fishery impacts to later in the season under the 2020 salmon
management measures would be consistent with the need to meet fishery
management objectives. Inseason modification of fishing seasons is
authorized by 50 CFR 660.409(b)(1)(i).
Inseason Action #5
Description of the action: Inseason action #5 postponed the
commercial salmon fisheries from Cape Falcon, OR, to Humbug Mountain,
OR, and from Humbug Mountain, OR, to the Oregon/California border,
previously scheduled to open April 15, 2020, to open April 20, 2020,
through May 5, 2020.
[[Page 27689]]
Effective dates: Inseason action #5 took effect on April 15, 2020,
and remains in effect unless modified by further inseason action or
superseded by the 2020 annual management.
Reason and authorization for the action: Inseason action #5 was
recommended to limit fishery impacts on KRFC, as described above in
inseason action #1. The RA considered Chinook salmon forecasts and
anticipated fishery impacts for 2020 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 8, 2020. Representatives from NMFS, ODFW, CDFW,
and the Council participated in this consultation.
All other restrictions and regulations remain in effect as
announced for the 2019 ocean salmon fisheries and 2020 salmon fisheries
opening prior to May 6, 2020 (84 FR 19729, May 6, 2019), and as
modified by prior inseason actions.
The RA determined that the above inseason actions recommended by
the states of Oregon and California were warranted and based on the
best available information, as represented by the 2020 Chinook salmon
abundance forecasts and expected fishery effort in 2020, and supported
concerns regarding public health and safety, as described above. 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 (84 FR 19729, May 6, 2019), 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 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 to ensure 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 6, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-10029 Filed 5-8-20; 8:45 am]
BILLING CODE 3510-22-P