[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19564-19566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08394]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 150227200-5347-02]
RIN 0648-BE79
Fisheries Off West Coast States; West Coast Salmon Fisheries;
Management Reference Point Updates for Three Stocks of Pacific Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to update management reference point
values for Southern Oregon coastal Chinook salmon, Grays Harbor fall
Chinook salmon, and Willapa Bay natural coho, as recommended by the
Pacific Fishery Management Council (Council) for use in developing
annual management measures beginning in 2015.
DATES: This final rule is effective April 13, 2015.
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.
SUPPLEMENTARY INFORMATION:
Background
The Council manages West Coast ocean salmon fisheries under the
Pacific Coast Salmon Fishery Management Plan (FMP). Over the course of
two Council meetings (November 2014 and March 2015), the Council
adopted management reference point values for three stocks of Pacific
salmon: Southern Oregon coastal Chinook salmon, Grays Harbor fall
Chinook salmon, and Willapa Bay natural coho. The management reference
points, as described in the proposed rule (80 FR 14066, March 18,
2015), include: Conservation objective (a value unique to the FMP,
generally an annual spawning escapement goal), the fishing mortality
rate expected to result in maximum sustainable yield (FMSY),
MSY spawner abundance (SMSY), minimum stock size threshold
(MSST), and maximum fishery mortality threshold (MFMT, generally equal
to FMSY). For one stock that was added to the FMP under
Amendment 16, Willapa Bay natural coho, the Council also confirmed the
formula for determining the annual catch limit (ACL), as required under
the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The
proposed rule was developed based on Council recommendations from the
November 2014 Council meeting. At that time, the Council had not
explicitly adopted all of the management reference point values;
therefore, NMFS proposed adopting some of the values pursuant to NMFS'
independent rulemaking authority (18 U.S.C. 1855(d)), and those values
were described in the proposed rule. The Council took action at the
March 2015 meeting to adopt the remaining management reference point
values. The reference point values being implemented by this final rule
are based on the best available science developed through the Council's
2014 methodology review. They were recommended to the Council by the
Salmon Technical Team, and were reviewed and endorsed, to the extent
appropriate, by the Scientific and Statistical Committee. The reference
point values being implemented are presented in Table 1.
Table 1--Updated Management Reference Points Adopted by the Council and Implemented in This Final Rule
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Southern Oregon coastal Willapa Bay natural Grays Harbor fall
Reference point Chinook coho Chinook
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FMP Conservation Objective 41,000 (measured at 17,200................. 13,326.
(escapement). Huntley Park).
SMSY (escapement).................... 34,992................. 17,200................. 13,326.
MSST (escapement).................... 20,500 (measured at 8,600.................. 6,663.
Huntley Park).
MFMT................................. 54 percent............. 74 percent............. 63 percent.
ACL Definition....................... Not applicable......... Based on FABC and Not applicable.
annual ocean
abundance, FABC is
FMSY reduced by Tier 1
(5%) uncertainty.
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[[Page 19565]]
Response to Comments
NMFS accepted comments on the proposed rule to update management
reference point values through April 2, 2015. NMFS received six public
comment submissions from individuals, via the www.regulations.gov
portal. The comments, and NMFS' responses, have been grouped for
similarity.
Comment 1: Two individuals expressed support for the proposed rule,
referring to it as a ``great idea'' and praising the economic benefits
of a fishery with ``fair measurements.''
Response: NMFS agrees that a sustainably managed fishery is
beneficial.
Comment 2: Three individuals supported fish and the fishing
industry, but did not provide specific comments on the proposed rule.
Response: NMFS agrees that fisheries should be managed to be
beneficial to both the fish and the public. Under the MSA, NMFS is
responsible for sustainable management of the nation's fisheries. This
rule is consistent with that obligation and addresses requirements of
the FMP and MSA National Standard 1.
Comment 3: One individual asked ``where are the proposed
fisheries?''
Response: This rule does not propose fisheries. Salmon management
measures for ocean salmon fisheries off the coasts of Washington,
Oregon, and California are set annually through the Council process
(http://www.pcouncil.org/salmon/).
Updated Information From the Proposed Rule
The Council took final action at their March 2015 meeting to adopt
the three management reference points described in the proposed rule
that were previously not explicitly adopted by the Council (Willapa Bay
natural coho MSST, and Grays Harbor fall Chinook MSST and MFMT). The
Council transmitted this action to NMFS in a letter dated April 1,
2015. Therefore, under this final rule, NMFS implements all of the
management reference point values in the proposed rule as recommended
by the Council. See Table 1 for the management reference points adopted
by the Council and implemented in this final rule.
Classification
Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant
Administrator has determined that this rule is consistent with the
Pacific Salmon Fishery Management Plan, the MSA, and other applicable
law.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
The West Coast Regional Administrator has determined that the
actions of this rule qualify for categorical exclusion from further
NEPA analysis under NAO 216-6.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule will not have a significant economic
impact on a substantial number of small entities. The factual basis for
this certification was published with the proposed rule and is not
repeated here. No comments were received regarding the economic impact
of this final rule. As a result, a RFA is not required and none has
been prepared.
This rule does not establish any new reporting or recordkeeping
requirements. This rule does not include a collection of information.
No Federal rules have been identified that duplicate, overlap, or
conflict with this action.
This action is not expected to have adverse effects on any species
listed under the Endangered Species Act (ESA) or designated critical
habitat. This action modifies reference points used in the setting of
annual management measures for West Coast salmon fisheries. NMFS has
current ESA biological opinions that cover fishing under annual
regulations adopted under the FMP on all listed salmon species except
Lower Columbia River natural coho; NMFS expects to complete a new
biological opinion for Lower Columbia River natural coho prior to
implementing 2015 salmon management measures on May 1, 2015. NMFS
reiterates their consultation standards for all ESA-listed salmon and
steelhead species in their annual Guidance letter to the Council. Some
of NMFS past biological opinions have found no jeopardy, and others
have found jeopardy, but provided reasonable and prudent alternatives
to avoid jeopardy. The annual management measures are designed to be
consistent with the biological opinions that found no jeopardy, and
with the reasonable and prudent alternatives in the jeopardy biological
opinions. The Council's recommended management measures, which will be
consistent with the reference points implemented by this rule,
therefore comply with NMFS' consultation standards and guidance for all
listed salmon species which may be affected by Council fisheries. In
some cases, the recommended measures are more restrictive than NMFS'
ESA requirements.
In 2009, NMFS consulted on the effects of fishing under the Salmon
FMP on the endangered Southern Resident Killer Whale Distinct
Population Segment (SRKW) and concluded the salmon fisheries were not
likely to jeopardize SRKW. Annual salmon management measures are
designed to be consistent with the terms of that biological opinion.
This rule was developed after meaningful collaboration with the
affected tribes, through the Council process. Under the MSA at 16
U.S.C. 1852(b)(5), one of the voting members of the Council must be a
representative of an Indian Tribe with Federally recognized fishing
rights from the area of the Council's jurisdiction.
The Assistant Administrator for Fisheries finds that good cause
exists under 5 U.S.C. 553(d)(3), to waive the 30-day delay in
effectiveness. This rule implements changes in management reference
points that will be used in setting ocean salmon fisheries, beginning
in 2015. As previously discussed, the actions in this rule were
developed through the Council's Methodology review. The actions were
adopted by the Council over two Council meetings and the final
recommendation was transmitted to NMFS in April 2015. The Council took
action on some of the management reference points in November 2014 and
transmitted their initial recommendations to NMFS on January 23, 2015,
with further clarification transmitted to NMFS on February 9, 2015. The
Council finalized adoption of the management reference points and
transmitted them to NMFS on April 1, 2015. Therefore, this rulemaking
could not be implemented sooner. Delaying the effectiveness of the
actions in this rule by 30 days would result in managing the three
affected stocks in a manner that is not consistent with the best
available science, and would complicate NMFS' approval and
implementation of salmon fisheries recommended by the Council,
beginning May 1, 2015. Delay in implementing this rule would have the
following effects on the impacted stocks: Southern Oregon coastal
Chinook and Grays Harbor fall Chinook would be subject to overfishing,
as the current MFMT would be higher than recommended by the STT and
adopted by the Council; Willapa Bay natural coho would have no defined
reference points, no way to evaluate for overfishing, and no defined
annual catch limit. Therefore, if the effectiveness of this rule is
delayed, it would undermine the purposes of this
[[Page 19566]]
agency action and the requirements of the Magnuson-Stevens Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 7, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-08394 Filed 4-10-15; 8:45 am]
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