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Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Rules and Regulations Reason and Authorization for NOF
Inseason Actions 1516
The fisheries affected by the inseason actions described below were authorized in the final rule for 2020
annual management measures for ocean salmon fisheries 85 FR 27317, May 8, 2020. At the April 615, 2021 meeting, the Council finalized development of its recommended 2021 ocean salmon management measures. This included final model runs of exploitation rates based on a Chinook salmon retention size for NOF commercial fisheries of 27
inches. The results as modeled did not indicate a change in the exploitation rates previously modeled with the 28
inch retention size, and would continue to meet conservation objectives.
NMFS is taking these inseason actions to provide consistency between fisheries authorized under the 2020 management measures and fisheries adopted at the April Council meeting for 2021, which NMFS is expected to enact by May 16, 2021.
The NMFS West Coast Regional Administrator RA considered the abundance forecasts for Chinook salmon stocks and the impacts of the NOF
ocean salmon fisheries, as modeled, and determined that the inseason actions, described below, were necessary to meet management and conservation goals set preseason. These inseason actions modify fishing seasons under 50 CFR
660.409b1i.
Consultation under 50 CFR 660.409b on these inseason actions occurred on April 20, 2021. Representatives from NMFS, ODFW, WDFW, and Council staff participated in this consultation.
Inseason Actions
Effective dates: Inseason action 11
took effect on April 15, 2021, and remains in effect until superseded.
Inseason Action 12
Description of the action: Inseason action 12 closes the commercial ocean salmon fishery from Humbug Mountain to the Oregon/California border Oregon Klamath Management Zone from May 6May 9, 2021. This fishery is now scheduled to be open March 20May 5, 2021, and May 10May 15, 2021.
Effective dates: Inseason action 12
took effect April 15, 2021, and remains in effect until superseded.
Inseason Action 13
Description of the action: Inseason action 13 delayed the opening date of the commercial ocean salmon fishery from Point Arena to Pigeon Point San Francisco management area which was previously scheduled to open May 1, 2021. This fishery is now scheduled to be open June 16June 30, 2021.
Effective dates: Inseason action 13
took effect April 15, 2021, and remains in effect until superseded.
Inseason Action 14
Description of the action: Inseason action 14 modifies the commercial ocean salmon fishery from Pigeon Point to the U.S./Mexico border Monterey management area which was previously scheduled to open May 1
May 12, 2021, and May 18May 30, 2021. This fishery is now scheduled to be open May 1May 12, 2021.
Effective dates: Inseason action 14
took effect April 15, 2021, and remains in effect until superseded.
Inseason Action 15

Description of the action: Inseason action 10 closes the commercial ocean salmon fishery from Cape Falcon to Heceta Bank Line fishery from May 6
May 9, 2021. This fishery is now scheduled to be open March 20May 5, 2021, and May 10May 15, 2021.
Effective dates: Inseason action 10
took effect on April 15, 2021, and remains in effect until superseded.

Description of the action: Inseason action 15 modifies the Chinook salmon minimum size limit in the commercial ocean salmon fishery from the U.S./
Canada border to Cape Falcon, OR. The Chinook salmon minimum size limit in this fishery was 28 inches 71.1 cm total length, inseason action 15
changes the minimum size limit to 27
inches 68.6 cm total length.
Effective dates: Inseason action 15
takes effect April 20, 2021, and remains in effect until superseded.

Inseason Action 11

Inseason Action 16

Description of the action: Inseason action 11 supersedes inseason action 3 which delayed the opening of the commercial ocean salmon fishery from the Heceta Bank Line to Humbug Mountain previously scheduled to open March 15, 2021. This fishery is now scheduled to be open May 15, 2021, and May 1015, 2021.

Description of the action: Inseason action 16 revised the quota and subarea catch limits for the commercial salmon fishery from the U.S./Canada border that opens May 1, 2021. The MayJune quota increased from 13,820
Chinook salmon to 15,375 Chinook salmon, no more than 5,680 of which may be caught in the area between the
Inseason Action 10

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U.S./Canada border and the Queets River, and no more than 4,195 of which may be caught in the area between Leadbetter Pt. and Cape Falcon.
Effective dates: Inseason action 16
took effect April 20, 2021, and remains in effect until superseded.
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; 85 FR 55784, September 10, 2020; 86 FR 13824, March 11, 2021;
and 86 FR 16540, March 30, 2021.
The RA determined that these inseason actions were warranted based on the best available information on Pacific salmon abundance forecasts and anticipated fishery effort. 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 2065266667 and 8006629825, and by U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHFFM and 2182 kHz.
Classification NMFS issues these actions pursuant to section 305d of the MSA. These actions are authorized by 50 CFR
660.409, which was issued pursuant to section 304b, and is exempt from review under Executive Order 12866
Regulatory Planning and Review.
Pursuant to 5 U.S.C. 553bB, 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 on these actions was impracticable because NMFS had insufficient time to provide for prior notice and the opportunity for public comment between the time Chinook salmon abundance, 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 overfished salmon stocks 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
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