80 FR 14066 - Fisheries Off West Coast States; West Coast Salmon Fisheries; Management Reference Point Updates for Three Stocks of Pacific Salmon

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 52 (March 18, 2015)

Page Range		14066-14069
FR Document		2015-06144

NMFS proposes updates to 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. This update is implemented as part of the 2014 methodology review where the Council and its advisory bodies considered new information on the three stocks of salmon to make a determination on whether changes to reference points for these stocks were warranted.

Federal Register, Volume 80 Issue 52 (Wednesday, March 18, 2015)

[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Proposed Rules]
[Pages 14066-14069]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-06144]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150227200-5200-01]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes updates to 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. This update is implemented as
part of the 2014 methodology review where the Council and its advisory
bodies considered new information on the three stocks of salmon to make
a determination on whether changes to reference points for these stocks
were warranted.

DATES: Comments on this proposed rule must be received on or before
April 2, 2015.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0014,
by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0014, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: William W. Stelle, Jr., Regional Administrator, West
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter N/A in the required fields if you wish
to remain anonymous).

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). The FMP has long
used stock-specific conservation objectives to manage fishery impacts
to Council-managed salmon stocks. Conservation objectives are,
generally, fixed quantities intended to provide the necessary guidance
during the course of the annual preseason planning process to establish
salmon fishing seasons that achieve optimum yield. Under the FMP,
conservation objectives can be added or

[[Page 14067]]

changed either through a plan amendment or notice and comment
rulemaking if a comprehensive technical review of the best scientific
information available provides evidence that, in the view of the Salmon
Technical Team (STT), Scientific and Statistical Committee (SSC), and
the Council, justifies a modification (FMP section 3.2.2).
In 2009, NMFS amended the guidelines for National Standard 1 (NS1)
of the Magnuson-Stevens Fishery Conservation and Management Act (MSA)
at 50 CFR 600.310 to provide guidance on how to comply with new annual
catch limit (ACL) and accountability measure requirements for ending
overfishing of fisheries managed by Federal fishery management plans,
including status determination criteria (SDC) (74 FR 3204). Amendment
16 to the FMP (76 FR 81851) defined a suite of reference points for
salmon, consistent with the revised NS1 guidelines. In the FMP, SDC are
defined in terms of quantifiable, biologically-based reference points,
or population parameters, including: maximum sustainable yield (MSY),
MSY fishing mortality rate (FMSY), MSY spawner abundance
(SMSY), minimum stock size threshold (MSST), and maximum
fishery mortality threshold (MFMT, generally equal to FMSY).
Under the FMP, changes to SDC can be made without a plan amendment if a
comprehensive technical review of the best scientific information
available provides evidence that, in the view of the STT, SSC, and the
Council, a modification of the values of the SDC is justified (FMP
section 3.1.7).
As part of the 2014 methodology review, the Council and its
advisory bodies considered new information on three stocks of salmon
(Southern Oregon coastal Chinook salmon, Grays Harbor fall Chinook
salmon, and Willapa Bay natural coho) to make a determination on
whether changes to reference points for these stocks were warranted. A
joint methodology review was conducted by the STT, SSC, and the Model
Evaluation Workgroup at the Council offices in Portland, OR, October
21-23, 2014. The results of the methodology review were presented at
the Council meeting in Costa Mesa, CA, November 12-19, 2014. Both the
methodology review and the Council meeting were open to the public and
were announced in the Federal Register (79 FR 59741, October 3, 2014
and 79 FR 63900, October 27, 2014). Documents considered by the Council
are available on the Council Web site (http://www.pcouncil.org/resources/archives/briefing-books/november-2014-briefing-book/#salmonNov2014). The Council transmitted their recommended changes to
NMFS in a letter dated January 23, 2015. This proposed rule describes
the reference point updates that are being proposed for implementation
in the FMP in developing annual management measures beginning in 2015.

Southern Oregon Coastal Chinook Salmon

The Southern Oregon coastal Chinook salmon stock, a component of
the Southern Oregon Northern California Chinook stock complex, is an
aggregate of natural and hatchery fall and spring Chinook salmon
populations in Oregon streams south of the Elk River (e.g., Rogue
River, Pistol River, and Chetco River), plus spring Chinook salmon from
the Umpqua River. Rogue River fall Chinook are used to indicate
relative abundance of Southern Oregon coastal Chinook salmon. The
current conservation objective for this stock is 60-90 fish per mile in
three standard index areas. At the 2014 methodology review, the Oregon
Department of Fish and Wildlife (ODFW) provided an analysis that was
used by the State of Oregon in 2013 to adopt new State management
objectives for Rogue River fall Chinook. The analysis used a Ricker
spawner-recruit relationship for Rogue River fall Chinook that included
smolt survival and mean summer flow covariates. ODFW proposed that the
Council adopt their conservation objective and reference points for
Southern Oregon coastal Chinook salmon in the FMP, while keeping this
stock as a component of the Southern Oregon Northern California stock
complex (where Klamath River fall Chinook is the indicator stock).
ODFW's spawner-recruit analysis resulted in an SMSY point
estimate of 34,992 and FMSY of 54 percent. ODFW used the
75th percentile of the SMSY posterior distribution (36,880
natural-area spawners) as an estimate of SMSY to determine
an MSST of 18,440 natural-origin spawners (MSST = 0.5 * 36,880). ODFW
also proposed a stock conservation objective of 41,000 naturally-
produced adults passing Huntley Park in the Rogue River, near Gold
Beach, OR.
The STT and SSC evaluated ODFW's analysis and recommended that the
Council adopt ODFW's proposed values as described above. The SSC
recommended ODFW's proposed values for SMSY and
FMSY but noted that the choice of MSST, above 50 percent of
SMSY, was a policy decision. Based on information from the
2014 methodology review and the advisory body recommendations, the
Council adopted the following reference point value updates for
southern Oregon coastal Chinook salmon and NMFS proposes to implement
them:

Conservation objective: 41,000 naturally-produced adults
passing Huntley Park
SMSY 34,992 natural-area spawners
MFMT (FMSY): 54 percent
MSST: 18,440 (20,500 measured at Huntley Park) natural-origin
spawners

Grays Harbor Fall Chinook Salmon

During the 2014 methodology review, Washington Department of Fish
and Wildlife (WDFW) staff presented a spawner-recruit analysis for
Grays Harbor fall Chinook salmon. The analysis produced an estimated
SMSY of 13,326 for the Chehalis and Humptulips Rivers
combined (9,753 and 3,573, respectively). This estimate is slightly
lower than the current management objective of 14,600 natural-area
spawners, which was adopted in 1979 based on available spawning
habitat. The new SMSY estimate of 13,326 is currently being
used by the Pacific Salmon Commission; adoption by the Council provides
consistency between the FMP and the Pacific Salmon Treaty. The STT and
SSC agreed that WDFW's estimate of SMSY represents the best
available science, and recommended that the Council adopt this estimate
of SMSY, and associated reference points developed by the
STT, for the salmon FMP.
Based on information from the 2014 methodology review and the
advisory body recommendations, the Council adopted the recommended
stock productivity methodology and the resulting SMSY value.
However, the Council's action was not explicit with respect to the
values for the associated reference points, specifically MSST and MFMT.
The Council and NMFS use MSST to determine if a stock is overfished,
and MFMT to determine if overfishing is occurring. Because it is
necessary to make determinations as to whether the Grays Harbor fall
Chinook salmon stock is overfished or experiencing overfishing in
preparation for the development of the 2015 management measures, NMFS
is proposing to implement values for MSST and MFMT based on the
recommendations of the STT, pursuant to NMFS' independent rulemaking
authority (18 U.S.C. 1855(d)). Should the Council choose to adopt a
different value for MSST or MFMT, NMFS will determine the appropriate
process for considering those values. The FMP states that MSST is
generally defined as 0.5 * SMSY or 0.75 * SMSY,
although there are some exceptions. Currently,

[[Page 14068]]

MSST for Grays Harbor fall Chinook is MSST = 0.5 * SMSY.
Applying the same approach to the proposed SMSY value of
13,326 results in an MSST of 6,663 natural-area spawners. Applying the
spawner-recruit parameter estimates from WDFW's analysis, as
recommended by the STT as the best available science, yields an MFMT of
63 percent. Therefore, based on the recommendation of the Council and
the advisory bodies, NMFS proposes the following reference point value
updates for Grays Harbor fall Chinook salmon:

Conservation objective: 13,326 spawners (equal to
SMSY, per FMP section 3.2.1)
SMSY: 13,326 spawners (9,753 in the Chehalis River
and 3,573 in the Humptulips River)
MFMT (FMSY): 63 percent (application of WDFW's
spawner-recruit analysis as recommended by the STT)
MSST: 6,663 natural-area spawners (MSST = 0.5 *
SMSY) (application of current policy to updated
SMSY).

Willapa Bay Natural Coho

The Willapa Bay natural coho salmon stock was added to the FMP
under Amendment 16, but without a conservation objective and other
reference point values. WDFW's habitat-based escapement goal (i.e.,
adult salmon escaping the fishery to return to freshwater habitat for
spawning) for this stock is 13,090 natural-origin fish. The STT
performed a spawner-recruit analysis, which produced an estimated
SMSY of 17,200 natural-area spawners, and an FMSY
of 74 percent. The STT recommended that the Council adopt reference
points for this stock based on this analysis. The STT's recommendation
also included an MFMT of 74 percent, a MSST of 8,600 natural-area
spawners (MSST = 0.5 * SMSY), and annual catch limit
calculated on the basis of FACL = 0.95 * FMSY =
71 percent. The SSC supported these recommendations.
Based on information from the 2014 methodology review and the
advisory body recommendations, the Council adopted the recommended
stock productivity methodology and the resulting SMSY and
MFMT values. However, the Council's action was not explicit with
respect to the value for MSST. The Council and NMFS use MSST to
determine if a stock is overfished. Because it is necessary to
determine whether the Willapa Bay natural coho stock is overfished, in
preparation for the development of the 2015 management measures, NMFS
is proposing to implement a value for MSST based on the recommendations
of the STT, pursuant to NMFS' independent rulemaking authority (18
U.S.C. 1855(d)). Should the Council choose to adopt a different value
for MSST, it should confer with NMFS regarding the appropriate process
for addressing this value. As noted above, the FMP states that MSST is
generally defined as 0.5 * SMSY or 0.75 * SMSY.
The Council has generally applied a policy of MSST = 0.5*
SMSY. Applying this approach to the proposed SMSY
value of 17,200 results in an MSST of 8,600 natural-area spawners.
Therefore, based on the recommendation of the Council and the advisory
bodies, NMFS proposes the following reference point values for Willapa
Bay natural coho:

Conservation objective: 17,200 natural-area spawners (equal to
SMSY, per FMP section 3.2.1)
SMSY: 17,200 natural-area spawners
MFMT (FMSY): 74 percent
MSST: 8,600 natural-area spawners (MSST = 0.5 *
SMSY)

In addition, because Willapa Bay natural coho is not managed under
an international agreement, listed under the ESA, or designated as a
hatchery stock, the FMP requires that it be managed with an ACL (FMP
sections 3.3.3 and 3.3.4). Because it is not part of a stock complex,
it will be managed using an individual stock ACL. The Council and NMFS
will determine the ACL annually, based on annual abundance projections
and the appropriate formula set forth in the FMP (FMP section 3.3.4).
Because the Council has recommended, and NMFS proposes to adopt, a
directly estimated value for FMSY, Willapa Bay natural coho
is a Tier 1 stock for purposes of determining the acceptable biological
catch (ABC) and the ACL. According to the FMP, for a Tier 1 stock,
FABC = FMSY * 0.95, FABC =
FACL, and FACL is applied to the projected annual
abundance to determine the ACL escapement level for the year (FMP
sections 3.3.3 and 3.3.4).
As noted earlier, the Council is expected to address the reference
points for Willapa Bay natural coho salmon that were not explicit in
its prior action at its March meeting. It is possible that it could
recommend values for MSST that are different from those proposed above.
Were this to occur, the recommended values would likely be 0.75 *
SMSY or between that value and 0.5 * SMSY, based
on the definition of MSST set forth in the FMP.

Classification

Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant
Administrator has determined that this proposed rule is consistent with
the Pacific Salmon Fishery Management Plan, the MSA, and other
applicable law, subject to further consideration after public comment.
As described above, NMFS is proposing portions of this rule according
to section 305(d) of the MSA.
This proposed 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 proposed 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 proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The purpose of the Regulatory Flexibility Act (RFA) is to relieve
small businesses, small organizations, and small governmental entities
of burdensome regulations and record-keeping requirements. Major goals
of the RFA are: (1) To increase agency awareness and understanding of
the impact of their regulations on small business, (2) to require
agencies communicate and explain their findings to the public, and (3)
to encourage agencies to use flexibility and to provide regulatory
relief to small entities. The RFA emphasizes predicting impacts on
small entities as a group distinct from other entities and the
consideration of alternatives that may minimize the impacts while still
achieving the stated objective of the action. An initial regulatory
flexibility analysis (IRFA) is conducted unless it is determined that
an action will not have a ``significant economic impact on a
substantial number of small entities.''
The objective of this proposed rule is to update management
reference points for three stocks of salmon under the FMP. This
proposed rule would impact vessels harvesting salmon from the ocean
troll fishery. The following fishery information is found in the
Council's Review of 2013 Ocean Salmon Fisheries Stock Assessment and
Fisheries Evaluation Document. In 2013, there were 2,270 permits issued
for this fishery, with a total ex-vessel value of $34.1 million. Of the
2,270 permits, only 1,177 actually landed salmon all within the states
of California, Oregon and Washington. In California, 670 vessels landed
salmon for an ex-vessel value of $23.6 million; in Oregon, 399 vessels
landed salmon for an ex-vessel value of $7.6 million; and in
Washington, 108 vessels landed salmon for an ex-vessel value of $2.8
million. Treaty Indian ocean fisheries landed

[[Page 14069]]

salmon with an ex-vessel value of $6.4 million.
On June 12, 2014, the Small Business Administration (SBA) issued an
interim final rule revising the small business size standards for
several industries effective July 14, 2014 (79 FR 33467 (June 12,
2014)). The rule increased the size standard from $19.0 to $20.5
million for finfish fishing, from $5 to $5.5 million for shellfish
fishing, and from $7.0 million to $7.5 million for other marine
fishing, for-hire businesses, and marinas. Based on this size standard,
all 1,177 vessels that landed salmon from the ocean troll fishery are
considered small under the Small Business Administration approved
definition of a small fish harvester. Therefore, there are no
disproportionate impacts between small and large vessels. Furthermore,
there are no disproportionate impacts based on homeport, gear type, or
vessel size from the promulgation of this proposed rule.
This proposed rule would not result in any immediate impacts on
revenues or costs for the small entities participating in the Pacific
salmon fishery; the updated management reference point values will be
considered within the overall suite of criteria that are used to frame
the annual management measures. The management reference points are
used to set Council management goals, identify when overfishing is
occurring, and identify when a stock is overfished. These values all
have the potential to impact how annual salmon management measures are
structured, specifically what constraints are needed to manage impacts.
However, the salmon fishery impacts a large number of stocks, and the
fishery as a whole must be managed to meet management goals for every
stock. Depending on abundance projections for a given year, meeting
management goals for a few particularly limiting stocks typically
results in fisheries that are not limited by management goals for the
remaining stocks. Therefore, the proposed changes would only impact
fishery revenues in years when any of the three affected salmon stocks
are constraining to fisheries, which is unlikely based on historical
data.
As a result, an IRFA is not required and none has been prepared.
NMFS will conduct the appropriate analyses for any subsequent
rulemakings stemming from this proposed rule.
This proposed rule would not establish any new reporting or
recordkeeping requirements. This proposed 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. 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 proposed here, 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 proposed 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.

Authority: 16 U.S.C. 1801 et seq.

Dated: March 12, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-06144 Filed 3-17-15; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules 14067

changed either through a plan #salmonNov2014). The Council the following reference point value
amendment or notice and comment transmitted their recommended changes updates for southern Oregon coastal
rulemaking if a comprehensive to NMFS in a letter dated January 23, Chinook salmon and NMFS proposes to
technical review of the best scientific 2015. This proposed rule describes the implement them:
information available provides evidence reference point updates that are being • Conservation objective: 41,000
that, in the view of the Salmon proposed for implementation in the naturally-produced adults passing
Technical Team (STT), Scientific and FMP in developing annual management Huntley Park
Statistical Committee (SSC), and the measures beginning in 2015. • SMSY 34,992 natural-area spawners
Council, justifies a modification (FMP • MFMT (FMSY): 54 percent
Southern Oregon Coastal Chinook • MSST: 18,440 (20,500 measured at
section 3.2.2).
In 2009, NMFS amended the Salmon Huntley Park) natural-origin spawners
guidelines for National Standard 1 The Southern Oregon coastal Chinook
salmon stock, a component of the Grays Harbor Fall Chinook Salmon
(NS1) of the Magnuson-Stevens Fishery
Conservation and Management Act Southern Oregon Northern California During the 2014 methodology review,
(MSA) at 50 CFR 600.310 to provide Chinook stock complex, is an aggregate Washington Department of Fish and
guidance on how to comply with new of natural and hatchery fall and spring Wildlife (WDFW) staff presented a
annual catch limit (ACL) and Chinook salmon populations in Oregon spawner-recruit analysis for Grays
accountability measure requirements for streams south of the Elk River (e.g., Harbor fall Chinook salmon. The
ending overfishing of fisheries managed Rogue River, Pistol River, and Chetco analysis produced an estimated SMSY of
by Federal fishery management plans, River), plus spring Chinook salmon 13,326 for the Chehalis and Humptulips
including status determination criteria from the Umpqua River. Rogue River Rivers combined (9,753 and 3,573,
(SDC) (74 FR 3204). Amendment 16 to fall Chinook are used to indicate relative respectively). This estimate is slightly
the FMP (76 FR 81851) defined a suite abundance of Southern Oregon coastal lower than the current management
of reference points for salmon, Chinook salmon. The current objective of 14,600 natural-area
consistent with the revised NS1 conservation objective for this stock is spawners, which was adopted in 1979
guidelines. In the FMP, SDC are defined 60–90 fish per mile in three standard based on available spawning habitat.
in terms of quantifiable, biologically- index areas. At the 2014 methodology The new SMSY estimate of 13,326 is
based reference points, or population review, the Oregon Department of Fish currently being used by the Pacific
parameters, including: maximum and Wildlife (ODFW) provided an Salmon Commission; adoption by the
sustainable yield (MSY), MSY fishing analysis that was used by the State of Council provides consistency between
mortality rate (FMSY), MSY spawner Oregon in 2013 to adopt new State the FMP and the Pacific Salmon Treaty.
abundance (SMSY), minimum stock size management objectives for Rogue River The STT and SSC agreed that WDFW’s
threshold (MSST), and maximum fall Chinook. The analysis used a Ricker estimate of SMSY represents the best
fishery mortality threshold (MFMT, spawner-recruit relationship for Rogue available science, and recommended
generally equal to FMSY). Under the River fall Chinook that included smolt that the Council adopt this estimate of
FMP, changes to SDC can be made survival and mean summer flow SMSY, and associated reference points
without a plan amendment if a covariates. ODFW proposed that the developed by the STT, for the salmon
comprehensive technical review of the Council adopt their conservation FMP.
best scientific information available objective and reference points for Based on information from the 2014
provides evidence that, in the view of Southern Oregon coastal Chinook methodology review and the advisory
the STT, SSC, and the Council, a salmon in the FMP, while keeping this body recommendations, the Council
modification of the values of the SDC is stock as a component of the Southern adopted the recommended stock
justified (FMP section 3.1.7). Oregon Northern California stock productivity methodology and the
As part of the 2014 methodology complex (where Klamath River fall resulting SMSY value. However, the
review, the Council and its advisory Chinook is the indicator stock). ODFW’s Council’s action was not explicit with
bodies considered new information on spawner-recruit analysis resulted in an respect to the values for the associated
three stocks of salmon (Southern Oregon SMSY point estimate of 34,992 and FMSY reference points, specifically MSST and
coastal Chinook salmon, Grays Harbor of 54 percent. ODFW used the 75th MFMT. The Council and NMFS use
fall Chinook salmon, and Willapa Bay percentile of the SMSY posterior MSST to determine if a stock is
natural coho) to make a determination distribution (36,880 natural-area overfished, and MFMT to determine if
on whether changes to reference points spawners) as an estimate of SMSY to overfishing is occurring. Because it is
for these stocks were warranted. A joint determine an MSST of 18,440 natural- necessary to make determinations as to
methodology review was conducted by origin spawners (MSST = 0.5 * 36,880). whether the Grays Harbor fall Chinook
the STT, SSC, and the Model Evaluation ODFW also proposed a stock salmon stock is overfished or
Workgroup at the Council offices in conservation objective of 41,000 experiencing overfishing in preparation
Portland, OR, October 21–23, 2014. The naturally-produced adults passing for the development of the 2015
results of the methodology review were Huntley Park in the Rogue River, near management measures, NMFS is
presented at the Council meeting in Gold Beach, OR. proposing to implement values for
Costa Mesa, CA, November 12–19, 2014. The STT and SSC evaluated ODFW’s MSST and MFMT based on the
Both the methodology review and the analysis and recommended that the recommendations of the STT, pursuant
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS

Council meeting were open to the Council adopt ODFW’s proposed values to NMFS’ independent rulemaking
public and were announced in the as described above. The SSC authority (18 U.S.C. 1855(d)). Should
Federal Register (79 FR 59741, October recommended ODFW’s proposed values the Council choose to adopt a different
3, 2014 and 79 FR 63900, October 27, for SMSY and FMSY but noted that the value for MSST or MFMT, NMFS will
2014). Documents considered by the choice of MSST, above 50 percent of determine the appropriate process for
Council are available on the Council SMSY, was a policy decision. Based on considering those values. The FMP
Web site (http://www.pcouncil.org/ information from the 2014 methodology states that MSST is generally defined as
resources/archives/briefing-books/ review and the advisory body 0.5 * SMSY or 0.75 * SMSY, although
november-2014-briefing-book/ recommendations, the Council adopted there are some exceptions. Currently,

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14068 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules

MSST for Grays Harbor fall Chinook is independent rulemaking authority (18 Plan, the MSA, and other applicable
MSST = 0.5 * SMSY. Applying the same U.S.C. 1855(d)). Should the Council law, subject to further consideration
approach to the proposed SMSY value of choose to adopt a different value for after public comment. As described
13,326 results in an MSST of 6,663 MSST, it should confer with NMFS above, NMFS is proposing portions of
natural-area spawners. Applying the regarding the appropriate process for this rule according to section 305(d) of
spawner-recruit parameter estimates addressing this value. As noted above, the MSA.
from WDFW’s analysis, as the FMP states that MSST is generally This proposed rule has been
recommended by the STT as the best defined as 0.5 * SMSY or 0.75 * SMSY. determined to be not significant for
available science, yields an MFMT of 63 The Council has generally applied a purposes of Executive Order 12866.
percent. Therefore, based on the policy of MSST = 0.5* SMSY. Applying The West Coast Regional
recommendation of the Council and the this approach to the proposed SMSY Administrator has determined that the
advisory bodies, NMFS proposes the value of 17,200 results in an MSST of actions of this proposed rule qualify for
following reference point value updates 8,600 natural-area spawners. Therefore, categorical exclusion from further NEPA
for Grays Harbor fall Chinook salmon: based on the recommendation of the analysis under NAO 216–6.
• Conservation objective: 13,326 Council and the advisory bodies, NMFS The Chief Counsel for Regulation of
spawners (equal to SMSY, per FMP proposes the following reference point the Department of Commerce certified
section 3.2.1) values for Willapa Bay natural coho: to the Chief Counsel for Advocacy of the
• SMSY: 13,326 spawners (9,753 in the Small Business Administration that this
• Conservation objective: 17,200 proposed rule, if adopted, would not
Chehalis River and 3,573 in the natural-area spawners (equal to SMSY,
Humptulips River) have a significant economic impact on
per FMP section 3.2.1)
• MFMT (FMSY): 63 percent (application • SMSY: 17,200 natural-area spawners
a substantial number of small entities.
of WDFW’s spawner-recruit analysis The purpose of the Regulatory
• MFMT (FMSY): 74 percent Flexibility Act (RFA) is to relieve small
as recommended by the STT) • MSST: 8,600 natural-area spawners
• MSST: 6,663 natural-area spawners (MSST = 0.5 * SMSY)
businesses, small organizations, and
(MSST = 0.5 * SMSY) (application of small governmental entities of
current policy to updated SMSY). In addition, because Willapa Bay burdensome regulations and record-
natural coho is not managed under an keeping requirements. Major goals of the
Willapa Bay Natural Coho international agreement, listed under RFA are: (1) To increase agency
The Willapa Bay natural coho salmon the ESA, or designated as a hatchery awareness and understanding of the
stock was added to the FMP under stock, the FMP requires that it be impact of their regulations on small
Amendment 16, but without a managed with an ACL (FMP sections business, (2) to require agencies
conservation objective and other 3.3.3 and 3.3.4). Because it is not part communicate and explain their findings
reference point values. WDFW’s habitat- of a stock complex, it will be managed to the public, and (3) to encourage
based escapement goal (i.e., adult using an individual stock ACL. The agencies to use flexibility and to provide
salmon escaping the fishery to return to Council and NMFS will determine the regulatory relief to small entities. The
freshwater habitat for spawning) for this ACL annually, based on annual RFA emphasizes predicting impacts on
stock is 13,090 natural-origin fish. The abundance projections and the small entities as a group distinct from
STT performed a spawner-recruit appropriate formula set forth in the FMP other entities and the consideration of
analysis, which produced an estimated (FMP section 3.3.4). Because the alternatives that may minimize the
SMSY of 17,200 natural-area spawners, Council has recommended, and NMFS impacts while still achieving the stated
and an FMSY of 74 percent. The STT proposes to adopt, a directly estimated objective of the action. An initial
recommended that the Council adopt value for FMSY, Willapa Bay natural regulatory flexibility analysis (IRFA) is
reference points for this stock based on coho is a Tier 1 stock for purposes of conducted unless it is determined that
this analysis. The STT’s determining the acceptable biological an action will not have a ‘‘significant
recommendation also included an catch (ABC) and the ACL. According to economic impact on a substantial
MFMT of 74 percent, a MSST of 8,600 the FMP, for a Tier 1 stock, FABC = FMSY number of small entities.’’
natural-area spawners (MSST = 0.5 * * 0.95, FABC = FACL, and FACL is applied The objective of this proposed rule is
SMSY), and annual catch limit calculated to the projected annual abundance to to update management reference points
on the basis of FACL = 0.95 * FMSY = 71 determine the ACL escapement level for for three stocks of salmon under the
percent. The SSC supported these the year (FMP sections 3.3.3 and 3.3.4). FMP. This proposed rule would impact
recommendations. As noted earlier, the Council is vessels harvesting salmon from the
Based on information from the 2014 expected to address the reference points ocean troll fishery. The following
methodology review and the advisory for Willapa Bay natural coho salmon fishery information is found in the
body recommendations, the Council that were not explicit in its prior action Council’s Review of 2013 Ocean Salmon
adopted the recommended stock at its March meeting. It is possible that Fisheries Stock Assessment and
productivity methodology and the it could recommend values for MSST Fisheries Evaluation Document. In 2013,
resulting SMSY and MFMT values. that are different from those proposed there were 2,270 permits issued for this
However, the Council’s action was not above. Were this to occur, the fishery, with a total ex-vessel value of
explicit with respect to the value for recommended values would likely be $34.1 million. Of the 2,270 permits,
MSST. The Council and NMFS use 0.75 * SMSY or between that value and only 1,177 actually landed salmon all
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS

MSST to determine if a stock is 0.5 * SMSY, based on the definition of within the states of California, Oregon
overfished. Because it is necessary to MSST set forth in the FMP. and Washington. In California, 670
determine whether the Willapa Bay vessels landed salmon for an ex-vessel
natural coho stock is overfished, in Classification value of $23.6 million; in Oregon, 399
preparation for the development of the Pursuant to section 304(b)(1)(A) of the vessels landed salmon for an ex-vessel
2015 management measures, NMFS is MSA, the NMFS Assistant value of $7.6 million; and in
proposing to implement a value for Administrator has determined that this Washington, 108 vessels landed salmon
MSST based on the recommendations of proposed rule is consistent with the for an ex-vessel value of $2.8 million.
the STT, pursuant to NMFS’ Pacific Salmon Fishery Management Treaty Indian ocean fisheries landed

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$Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules 14069 salmon with an ex-vessel value of $6.4 to meet management goals for every jeopardy. The annual management million. stock. Depending on abundance measures are designed to be consistent On June 12, 2014, the Small Business projections for a given year, meeting with the biological opinions that found Administration (SBA) issued an interim management goals for a few particularly no jeopardy, and with the reasonable final rule revising the small business limiting stocks typically results in and prudent alternatives in the jeopardy size standards for several industries fisheries that are not limited by biological opinions. The Council’s effective July 14, 2014 (79 FR 33467 management goals for the remaining recommended management measures, (June 12, 2014)). The rule increased the stocks. Therefore, the proposed changes which will be consistent with the size standard from $19.0 to $20.5 would only impact fishery revenues in reference points proposed here, million for finfish fishing, from $5 to years when any of the three affected therefore comply with NMFS’ $5.5 million for shellfish fishing, and salmon stocks are constraining to consultation standards and guidance for from $7.0 million to $7.5 million for fisheries, which is unlikely based on all listed salmon species which may be other marine fishing, for-hire historical data. affected by Council fisheries. In some businesses, and marinas. Based on this As a result, an IRFA is not required cases, the recommended measures are size standard, all 1,177 vessels that and none has been prepared. NMFS will more restrictive than NMFS’ ESA landed salmon from the ocean troll conduct the appropriate analyses for requirements. fishery are considered small under the any subsequent rulemakings stemming Small Business Administration In 2009, NMFS consulted on the from this proposed rule. approved definition of a small fish This proposed rule would not effects of fishing under the Salmon FMP harvester. Therefore, there are no establish any new reporting or on the endangered Southern Resident disproportionate impacts between small recordkeeping requirements. This Killer Whale Distinct Population and large vessels. Furthermore, there are proposed rule does not include a Segment (SRKW) and concluded the no disproportionate impacts based on collection of information. No Federal salmon fisheries were not likely to homeport, gear type, or vessel size from rules have been identified that jeopardize SRKW. Annual salmon the promulgation of this proposed rule. duplicate, overlap, or conflict with this management measures are designed to This proposed rule would not result action. be consistent with the terms of that in any immediate impacts on revenues This action is not expected to have biological opinion. or costs for the small entities adverse effects on any species listed This proposed rule was developed participating in the Pacific salmon under the Endangered Species Act after meaningful collaboration with the fishery; the updated management (ESA) or designated critical habitat. This affected tribes, through the Council reference point values will be action modifies reference points used in process. Under the MSA at 16 U.S.C. considered within the overall suite of the setting of annual management 1852(b)(5), one of the voting members of criteria that are used to frame the annual measures for West Coast salmon the Council must be a representative of management measures. The fisheries. NMFS has current ESA an Indian Tribe with Federally management reference points are used biological opinions that cover fishing recognized fishing rights from the area to set Council management goals, under annual regulations adopted under of the Council’s jurisdiction. identify when overfishing is occurring, the FMP on all listed salmon species. Authority: 16 U.S.C. 1801 et seq. and identify when a stock is overfished. NMFS reiterates their consultation These values all have the potential to standards for all ESA-listed salmon and Dated: March 12, 2015. impact how annual salmon management steelhead species in their annual Samuel D. Rauch III, measures are structured, specifically Guidance letter to the Council. Some of Deputy Assistant Administrator for what constraints are needed to manage NMFS past biological opinions have Regulatory Programs, National Marine impacts. However, the salmon fishery found no jeopardy, and others have Fisheries Service. impacts a large number of stocks, and found jeopardy, but provided reasonable [FR Doc. 2015–06144 Filed 3–17–15; 8:45 am] the fishery as a whole must be managed and prudent alternatives to avoid BILLING CODE 3510–22–P wreier-aviles on DSK5TPTVN1PROD with PROPOSALS VerDate Sep<11>2014 15:03 Mar 17, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4702 Sfmt 9990 E:\FR\FM\18MRP1.SGM 18MRP1$

Document Created: 2018-02-21 09:39:33
Document Modified: 2018-02-21 09:39:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; request for comments.
Dates		Comments on this proposed rule must be received on or before April 2, 2015.
Contact		Peggy Mundy at 206-526-4323.
FR Citation		80 FR 14066
RIN Number		0648-BE79

80 FR 14066 - Fisheries Off West Coast States; West Coast Salmon Fisheries; Management Reference Point Updates for Three Stocks of Pacific Salmon

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 52 (March 18, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration