[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Rules and Regulations]
[Pages 2039-2040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00021]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[RTID 0648-XW014]
Fraser River Sockeye and Pink Salmon Fisheries; Inseason Orders
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason orders.
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SUMMARY: NMFS publishes Fraser River salmon inseason orders to regulate
treaty and non-treaty (all citizen) commercial salmon fisheries in U.S.
waters. The orders were issued by the Fraser River Panel (Panel) of the
Pacific Salmon Commission (Commission) and subsequently approved and
issued by NMFS during 2019 for sockeye and pink salmon fisheries within
the U.S. Fraser River Panel Area. These orders established fishing
dates, times, and areas for the gear types of U.S. treaty Indian and
all citizen commercial fisheries during the period the Panel exercised
jurisdiction over these fisheries.
DATES: The effective dates for the inseason orders are set out in this
document under the heading Inseason Orders.
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.
SUPPLEMENTARY INFORMATION: The Treaty between the Government of the
United States of America and the Government of Canada concerning
Pacific salmon was signed at Ottawa on January 28, 1985, and
subsequently was given effect in the United States by the Pacific
Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.
Under authority of the Act, Federal regulations at 50 CFR part 300,
subpart F, provide a framework for the implementation of certain
regulations of the Commission and inseason orders of the Commission's
Fraser River Panel for U.S. sockeye and pink salmon fisheries in the
Fraser River Panel Area.
The regulations close the U.S. portion of the Fraser River Panel
Area to U.S. sockeye and pink salmon tribal and non-tribal commercial
fishing unless opened by Panel regulations that are given effect by
inseason orders issued by NMFS (50 CFR 300.94(a)(1)). During the
fishing season, NMFS may issue inseason orders that establish fishing
times and areas consistent with the Commission agreements and
regulations of the Panel. Such orders must be consistent with domestic
legal obligations and are issued by the Regional Administrator, West
Coast Region, NMFS. Official notification of these inseason actions is
provided by two telephone hotline numbers described at 50 CFR
300.97(b)(1) and in 84 FR 19729 (May 6, 2019). The inseason orders are
published in the Federal Register as soon as practicable after they are
issued. Due to the frequency with which inseason orders are issued,
publication of individual orders is impractical.
Inseason Orders
The Panel assumed regulatory control of Fraser River Panel Area
waters on June 30, 2019. The following inseason orders were adopted by
the Panel and issued for U.S. fisheries within Fraser Panel Area waters
by NMFS during the 2019 fishing season. Each of the following inseason
actions was effective upon announcement on telephone hotline numbers as
specified at 50 CFR 300.97(b)(1) and in 84 FR 19729 (May 6, 2019);
those dates and times are listed herein. The times listed are local
times, and the areas designated are Puget Sound Management and Catch
Reporting Areas as defined in the Washington State Administrative Code
at Chapter 220-22, with the exception of the Apex, which is those
waters north and west of the Area 7A ``East Point Line,'' defined as a
line projected from the low water range marker in Boundary Bay on the
International Boundary through the east tip of Point Roberts in the
State of Washington to the East Point Light on Saturna Island in the
Province of British Columbia.
Fraser River Panel Order Number 2019-01: Issued 1:25 p.m., August 20,
2019
Treaty Indian Fishery
Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m.
(noon), Wednesday, August 21, 2019, through 12 p.m. (noon), Friday,
August 23, 2019. All efforts must be made to release sockeye alive.
Areas 6, 7, and 7A: Open for reef net, drift gillnet, and purse
seine fishing from 5 a.m., Wednesday, August 21, 2019, through 9 a.m.,
Friday, August 23, 2019. All efforts must be made to release sockeye
alive.
All Citizen Fishery
Areas 7 and 7A: Open for purse seine fishing, with non-retention of
sockeye, from 5 a.m. to 9 p.m., Friday, August 23, 2019.
Areas 7 and 7A: Open for drift gillnet fishing, with non-retention
of sockeye, from 8 a.m. to 11:59 p.m. (midnight), Friday, August 23,
2019.
Fraser River Panel Order Number 2019-02: Issued 1:23 p.m., August 23,
2019
All Citizen Fishery
Areas 7 and 7A: The purse seine fishery previously scheduled for 5
a.m. to 9 p.m., Friday, August 23, 2019, is rescinded.
Areas 7 and 7A: The drift gillnet fishery previously scheduled for
8 a.m. to 11:59 p.m., Friday, August 23, 2019, is rescinded.
Fraser River Panel Order Number 2019-03: Issued 1:23 p.m., August 23,
2019
Treaty Indian Fishery
Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m.
(noon), Saturday, August 24, 2019, through 12 p.m. (noon), Wednesday,
August 28, 2019. Sockeye non-retention.
Area 7: Open for reef net fishing from 5 a.m. to 9 p.m., Sunday,
August 25, 2019, and 5 a.m. to 9 p.m., Monday, August 26, 2019. Sockeye
non-retention.
All Citizen Fishery
Areas 7: Open for reef net fishing from 5 a.m. to 9 p.m., Sunday,
August 25, 2019, and from 5 a.m. to 9 p.m., Monday, August 26, 2019.
Must release all sockeye, unmarked Chinook salmon, unmarked coho, and
all chum salmon.
Areas 7 and 7A, excluding the Apex: Open for purse seine fishing
from 5 a.m. to 9 p.m., Saturday, August 24, 2019, and from 5 a.m. to 9
p.m., Sunday, August 25, 2019. Pink salmon retention only.
[[Page 2040]]
Areas 7 and 7A, excluding the Apex: Open for drift gillnet fishing
from 8 a.m. to 11:59 p.m. (midnight), Saturday, August 24, 2019, and
Sunday, August 25, 2019. Non-retention of sockeye.
Fraser River Panel Order Number 2019-04: Issued 4:20 p.m., September
12, 2019
Treaty Indian Fisheries
Area 7: Open for reef net fishing from 5 a.m. through 9 p.m.,
Friday, September 13, 2019, and from 5 a.m. through 1 p.m., Saturday,
September 14, 2019. Sockeye non-retention.
Areas 4B, 5, 6, 6C, 7, and 7A: Open for reef net, drift gillnet,
and purse seine fishing from 5 a.m., Sunday, September 15, 2019,
through 9 p.m., Monday, September 16, 2019. Sockeye non-retention.
All Citizen Fishery
Area 7: Open for reef net fishing from 5 a.m. through 9 p.m.,
Friday, September 13, 2019, and from 5 a.m. through 1 p.m., Saturday,
September 14, 2019. Must release all sockeye, unmarked Chinook salmon,
unmarked coho, and all chum salmon.
Area 7: Open for purse seine fishing from 5 a.m. through 9 p.m.,
Friday, September 13, 2019. Pink salmon retention only.
Area 7: Open for drift gillnet fishing from 8 a.m. through 11:59
p.m. (midnight), Friday, September 13, 2019. Non-retention of sockeye.
Area 7A: Open for purse seine fishing from 5 a.m. through 9 p.m.,
Friday, September 13, 2019, and from 5 a.m. through 1 p.m., Saturday,
September 14, 2019. Pink salmon retention only.
Area 7A: Open for drift gillnet fishing from 8 a.m. through 11:59
p.m. (midnight), Friday, September 13, 2019, and from 8 a.m. through 4
p.m., Saturday, September 14, 2019. Non-retention of sockeye.
Fraser River Panel Order Number 2019-05: Issued 12:30 p.m., September
13, 2019
This order implements changes to fisheries authorized by Fraser
River Panel Order Number 2019-04, above.
Treaty Indian Fisheries
Area 7: Open for reef net fishing from 12 p.m. (noon) to 8 p.m.,
Saturday, September 14, 2019. Sockeye non-retention. This supersedes
the reef net fishery previously scheduled in this area for Saturday,
September 14, 2019.
Areas 4B, 5, and 6C: Open for drift gillnet fishing from 5 a.m.,
Sunday, September 15, 2019, through 9 p.m., Monday, September 16, 2019.
Sockeye non-retention. This supersedes the net fisheries previously
scheduled in these areas for Sunday, September 15, 2019, and Monday,
September 16, 2019.
Areas 6, 7, and 7A: Open for drift gillnet and purse seine fishing
from 5 a.m., Sunday, September 15, 2019, through 9 p.m., Monday,
September 16, 2019. Sockeye non-retention. This supersedes the
fisheries previously scheduled for these areas on Sunday, September 15,
2019, and Monday, September 16, 2019.
All Citizen Fishery
Area 7: Open for reef net fishing from 12 p.m. (noon) to 8 p.m.,
Saturday, September 14, 2019. Must release all sockeye, unmarked
Chinook salmon, unmarked coho, and all chum salmon. This supersedes the
reef net fishery previously scheduled for this area on Saturday,
September 14, 2019.
Fraser River Panel Order Number 2019-06: Issued 11:41 a.m., September
17, 2019
Treaty Indian and All Citizen Fisheries
Areas 4B, 5, 6, 6C, and 7: Relinquish regulatory control effective
11:59 p.m. (midnight), Tuesday, September 17, 2019.
Areas 7A, excluding the Apex: Relinquish regulatory control
effective 11:59 p.m. (midnight), Saturday, September 21, 2019.
Apex: Relinquish regulatory control at 11:59 p.m., Saturday,
October 5, 2019.
Classification
The Assistant Administrator for Fisheries NOAA (AA), finds that
good cause exists for the inseason orders to be issued without
affording the public prior notice and opportunity for comment under 5
U.S.C. 553(b)(B) as such prior notice and opportunity for comments is
impracticable and contrary to the public interest. Prior notice and
opportunity for public comment is impracticable because NMFS has
insufficient time to allow for prior notice and opportunity for public
comment between the time the stock abundance information is available
to determine how much fishing can be allowed and the time the fishery
must open and close in order to harvest the appropriate amount of fish
while they are available.
The AA also finds good cause to waive the 30-day delay in the
effective date, required under 5 U.S.C. 553(d)(3), of the inseason
orders. A delay in the effective date of the inseason orders would not
allow fishers appropriately controlled access to the available fish at
that time they are available.
This action is authorized by 50 CFR 300.97, and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 3636(b).
Dated: January 2, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-00021 Filed 1-13-20; 8:45 am]
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