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National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Temporary rule; inseason orders.
NMFS publishes Fraser River salmon inseason orders to regulate tribal treaty (treaty Indian) and non-tribal (all citizen) commercial salmon fisheries in United States (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 2022 for sockeye 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.
The effective dates for the inseason orders are set out in this document under the heading Inseason Orders.
Anthony Siniscal at 971-322-8407, email: Anthony.siniscal@noaa.gov.
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 Panel for U.S. sockeye and pink salmon fisheries in the Fraser River Panel Area.
The regulations close the U.S. portion of the 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 ( printed page 65532) 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.
NMFS issued the following inseason orders for U.S. fisheries within Panel Area waters during the 2022 fishing season, consistent with the orders adopted by the Panel. 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 87 FR 29690 (May 16, 2022); 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 220-301-030.
Areas 4B, 5, and 6C: Open for drift gillnet fishing from 12 p.m. (noon), Monday, August 1, 2022, through 12 p.m. (noon), Wednesday, August 3, 2022.
Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. (noon), Wednesday, August 3, 2022, through 12 p.m. (noon), Saturday, August 6, 2022.
Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. (noon), Saturday, August 6, 2022, through 12 p.m. (noon), Wednesday, August 10, 2022.
Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. (noon), Wednesday, August 10, 2022, through 12 p.m. (noon), Saturday, August 13, 2022.
Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. (noon), Saturday, August 13, 2022, through 12 p.m. (noon), Wednesday, August 17, 2022.
Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Saturday, August 13, 2022 through 9 a.m. Monday, August 15, 2022.
Areas 7: Open for reef net fishing from 5 a.m. through 9 p.m., Saturday, August 13, 2022.
Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. (noon), Wednesday, August 17, 2022, through 12 p.m. (noon), Friday, August 19, 2022.
Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Wednesday, August 17, 2022 through 9 a.m., Thursday, August 18, 2022.
Areas 4B, 5, and 6C: Extend for drift gillnet fishing from 12 p.m. (noon), Friday, August 19, 2022, through 12 p.m. (noon), Wednesday, August 24, 2022.
Areas 6, 7, and 7A: Open for net fishing from 5 a.m., Sunday, August 21, 2022 through 9 a.m., Monday, August 22, 2022.
Areas 7 and 7A: Open for purse seine fishing from 5 a.m. through 9 p.m., Saturday, August 20, 2022.
Areas 7 and 7A: Open for drift gillnet fishing from 8 a.m. through 11:59 p.m., Saturday, August 20, 2022.
Areas 4B, 5, and 6C: The previously announced drift gillnet fishery scheduled through 12 p.m. (noon), Wednesday, August 24, 2022 will now close at 12 p.m. (noon), Tuesday, August 23, 2022.
Areas 4B, 5, 6, 6C, and 7: Relinquish regulatory control effective 11:59 p.m., Saturday, September 10, 2022.
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.
Dated: October 25, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2022-23566 Filed 10-28-22; 8:45 am]
BILLING CODE 3510-22-P