80_FR_19634 80 FR 19564 - Fisheries Off West Coast States; West Coast Salmon Fisheries; Management Reference Point Updates for Three Stocks of Pacific Salmon

80 FR 19564 - 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 70 (April 13, 2015)

Page Range19564-19566
FR Document2015-08394

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.

Federal Register, Volume 80 Issue 70 (Monday, April 13, 2015) 
[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19564-19566]
From the Federal Register Online  [www.thefederalregister.org]
[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
----------------------------------------------------------------------------------------------------------------
                                       Southern Oregon coastal    Willapa Bay natural       Grays Harbor fall
           Reference point                     Chinook                    coho                   Chinook
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------


[[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]
BILLING CODE 3510-22-P

19564 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations Authority: 49 U.S.C. 30102–103, 30112, DEPARTMENT OF COMMERCE 2015), include: Conservation objective 30117–121, 30166–167; delegation of (a value unique to the FMP, generally an authority at 49 CFR 1.95 and 49 CFR 501.8. National Oceanic and Atmospheric annual spawning escapement goal), the ■ 4. Amend § 579.26 by: Administration fishing mortality rate expected to result ■ a. Revising the fifth sentence of the in maximum sustainable yield (FMSY), introductory text; 50 CFR Part 660 MSY spawner abundance (SMSY), ■ b. Revising the first sentence of [Docket No. 150227200–5347–02] minimum stock size threshold (MSST), paragraph (a); and and maximum fishery mortality ■ c. Revising the second sentence of RIN 0648–BE79 threshold (MFMT, generally equal to paragraph (d). FMSY). For one stock that was added to The revisions read as follows: Fisheries Off West Coast States; West Coast Salmon Fisheries; Management the FMP under Amendment 16, Willapa § 579.26 Reporting requirements for Reference Point Updates for Three Bay natural coho, the Council also manufacturers of tires. Stocks of Pacific Salmon confirmed the formula for determining * * * For purposes of this section, the annual catch limit (ACL), as the two- or three-character DOT AGENCY: National Marine Fisheries required under the Magnuson-Stevens alphanumeric code for production Service (NMFS), National Oceanic and Fishery Conservation and Management plants located in the United States Atmospheric Administration (NOAA), Act (MSA). The proposed rule was assigned by NHTSA in accordance with Commerce. developed based on Council §§ 574.5 and 574.6 of this chapter may ACTION: Final rule. recommendations from the November be used to identify ‘‘plant where 2014 Council meeting. At that time, the manufactured.’’ * * * SUMMARY: NMFS issues a final rule to update management reference point Council had not explicitly adopted all of (a) Production information. Information that states the values for Southern Oregon coastal the management reference point values; manufacturer’s name, the quarterly Chinook salmon, Grays Harbor fall therefore, NMFS proposed adopting reporting period, the tire line, the tire Chinook salmon, and Willapa Bay some of the values pursuant to NMFS’ size, the tire type code or natural coho, as recommended by the independent rulemaking authority (18 manufacturer’s code, the SKU, the plant Pacific Fishery Management Council U.S.C. 1855(d)), and those values were where manufactured, whether the tire is (Council) for use in developing annual described in the proposed rule. The approved for use as original equipment management measures beginning in Council took action at the March 2015 on a motor vehicle, if so, the make, 2015. meeting to adopt the remaining model, and model year of each vehicle DATES: This final rule is effective April management reference point values. The for which it is approved, the production 13, 2015. reference point values being year, the cumulative warranty FOR FURTHER INFORMATION CONTACT: implemented by this final rule are based production, and the cumulative total Peggy Mundy at 206–526–4323. on the best available science developed production through the end of the through the Council’s 2014 SUPPLEMENTARY INFORMATION: reporting period. * * * methodology review. They were * * * * * Background recommended to the Council by the (d) Common green tire reporting. The Council manages West Coast Salmon Technical Team, and were * * * For each specific common green ocean salmon fisheries under the Pacific reviewed and endorsed, to the extent tire grouping, the list shall provide all Coast Salmon Fishery Management Plan appropriate, by the Scientific and relevant tire lines, tire type codes or (FMP). Over the course of two Council Statistical Committee. The reference manufacturer’s code, SKU numbers, meetings (November 2014 and March point values being implemented are brand names, and brand name owners. 2015), the Council adopted management presented in Table 1. Issued on April 3, 2015 in Washington, DC, reference point values for three stocks of under authority delegated in 49 CFR 1.95 and Pacific salmon: Southern Oregon coastal 501.5. Chinook salmon, Grays Harbor fall Mark R. Rosekind, Chinook salmon, and Willapa Bay Administrator. natural coho. The management [FR Doc. 2015–08418 Filed 4–10–15; 8:45 am] reference points, as described in the BILLING CODE 4910–59–P proposed rule (80 FR 14066, March 18, TABLE 1—UPDATED MANAGEMENT REFERENCE POINTS ADOPTED BY THE COUNCIL AND IMPLEMENTED IN THIS FINAL RULE Reference point Southern Oregon coastal Chinook Willapa Bay natural coho Grays Harbor fall Chinook FMP Conservation Objective 41,000 (measured at Huntley 17,200 ........................................... 13,326. (escapement). Park). SMSY (escapement) ....................... 34,992 ........................................... 17,200 ........................................... 13,326. MSST (escapement) ...................... 20,500 (measured at Huntley 8,600 ............................................. 6,663. Park). wreier-aviles on DSK5TPTVN1PROD with RULES MFMT ............................................. 54 percent ..................................... 74 percent ..................................... 63 percent. ACL Definition ................................ Not applicable ............................... Based on FABC and annual ocean Not applicable. abundance, FABC is FMSY re- duced by Tier 1 (5%) uncer- tainty. VerDate Sep<11>2014 15:35 Apr 10, 2015 Jkt 235001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\13APR1.SGM 13APR1

Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 19565 Response to Comments This rule has been determined to be more restrictive than NMFS’ ESA not significant for purposes of Executive requirements. NMFS accepted comments on the In 2009, NMFS consulted on the Order 12866. proposed rule to update management effects of fishing under the Salmon FMP The West Coast Regional reference point values through April 2, on the endangered Southern Resident Administrator has determined that the 2015. NMFS received six public Killer Whale Distinct Population actions of this rule qualify for comment submissions from individuals, Segment (SRKW) and concluded the categorical exclusion from further NEPA via the www.regulations.gov portal. The salmon fisheries were not likely to analysis under NAO 216–6. comments, and NMFS’ responses, have jeopardize SRKW. Annual salmon been grouped for similarity. The Chief Counsel for Regulation of the Department of Commerce certified management measures are designed to Comment 1: Two individuals be consistent with the terms of that to the Chief Counsel for Advocacy of the expressed support for the proposed rule, biological opinion. Small Business Administration that this referring to it as a ‘‘great idea’’ and This rule was developed after rule will not have a significant praising the economic benefits of a meaningful collaboration with the economic impact on a substantial fishery with ‘‘fair measurements.’’ affected tribes, through the Council number of small entities. The factual Response: NMFS agrees that a basis for this certification was published process. Under the MSA at 16 U.S.C. sustainably managed fishery is with the proposed rule and is not 1852(b)(5), one of the voting members of beneficial. repeated here. No comments were the Council must be a representative of Comment 2: Three individuals received regarding the economic impact an Indian Tribe with Federally supported fish and the fishing industry, of this final rule. As a result, a RFA is recognized fishing rights from the area but did not provide specific comments not required and none has been of the Council’s jurisdiction. on the proposed rule. The Assistant Administrator for prepared. Response: NMFS agrees that fisheries Fisheries finds that good cause exists This rule does not establish any new under 5 U.S.C. 553(d)(3), to waive the should be managed to be beneficial to reporting or recordkeeping both the fish and the public. Under the 30-day delay in effectiveness. This rule requirements. This rule does not implements changes in management MSA, NMFS is responsible for include a collection of information. No sustainable management of the nation’s reference points that will be used in Federal rules have been identified that setting ocean salmon fisheries, fisheries. This rule is consistent with duplicate, overlap, or conflict with this beginning in 2015. As previously that obligation and addresses action. discussed, the actions in this rule were requirements of the FMP and MSA This action is not expected to have developed through the Council’s National Standard 1. adverse effects on any species listed Methodology review. The actions were Comment 3: One individual asked under the Endangered Species Act adopted by the Council over two ‘‘where are the proposed fisheries?’’ (ESA) or designated critical habitat. This Council meetings and the final Response: This rule does not propose action modifies reference points used in recommendation was transmitted to fisheries. Salmon management measures the setting of annual management NMFS in April 2015. The Council took for ocean salmon fisheries off the coasts measures for West Coast salmon action on some of the management of Washington, Oregon, and California fisheries. NMFS has current ESA reference points in November 2014 and are set annually through the Council biological opinions that cover fishing transmitted their initial process (http://www.pcouncil.org/ under annual regulations adopted under recommendations to NMFS on January salmon/). the FMP on all listed salmon species 23, 2015, with further clarification except Lower Columbia River natural transmitted to NMFS on February 9, Updated Information From the coho; NMFS expects to complete a new 2015. The Council finalized adoption of Proposed Rule biological opinion for Lower Columbia the management reference points and The Council took final action at their River natural coho prior to transmitted them to NMFS on April 1, March 2015 meeting to adopt the three implementing 2015 salmon management 2015. Therefore, this rulemaking could management reference points described measures on May 1, 2015. NMFS not be implemented sooner. Delaying in the proposed rule that were reiterates their consultation standards the effectiveness of the actions in this previously not explicitly adopted by the for all ESA-listed salmon and steelhead rule by 30 days would result in Council (Willapa Bay natural coho species in their annual Guidance letter managing the three affected stocks in a MSST, and Grays Harbor fall Chinook to the Council. Some of NMFS past manner that is not consistent with the MSST and MFMT). The Council biological opinions have found no best available science, and would transmitted this action to NMFS in a jeopardy, and others have found complicate NMFS’ approval and letter dated April 1, 2015. Therefore, jeopardy, but provided reasonable and implementation of salmon fisheries under this final rule, NMFS implements prudent alternatives to avoid jeopardy. recommended by the Council, beginning all of the management reference point The annual management measures are May 1, 2015. Delay in implementing values in the proposed rule as designed to be consistent with the this rule would have the following recommended by the Council. See Table biological opinions that found no effects on the impacted stocks: Southern 1 for the management reference points jeopardy, and with the reasonable and Oregon coastal Chinook and Grays adopted by the Council and prudent alternatives in the jeopardy Harbor fall Chinook would be subject to implemented in this final rule. biological opinions. The Council’s overfishing, as the current MFMT would recommended management measures, be higher than recommended by the wreier-aviles on DSK5TPTVN1PROD with RULES Classification which will be consistent with the STT and adopted by the Council; Pursuant to section 304(b)(1)(A) of the reference points implemented by this Willapa Bay natural coho would have MSA, the NMFS Assistant rule, therefore comply with NMFS’ no defined reference points, no way to Administrator has determined that this consultation standards and guidance for evaluate for overfishing, and no defined rule is consistent with the Pacific all listed salmon species which may be annual catch limit. Therefore, if the Salmon Fishery Management Plan, the affected by Council fisheries. In some effectiveness of this rule is delayed, it MSA, and other applicable law. cases, the recommended measures are would undermine the purposes of this VerDate Sep<11>2014 15:38 Apr 10, 2015 Jkt 235001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\13APR1.SGM 13APR1

19566 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations agency action and the requirements of Dated: April 7, 2015. the Magnuson-Stevens Act. Samuel D. Rauch III, Authority: 16 U.S.C. 1801 et seq. Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2015–08394 Filed 4–10–15; 8:45 am] BILLING CODE 3510–22–P wreier-aviles on DSK5TPTVN1PROD with RULES VerDate Sep<11>2014 15:38 Apr 10, 2015 Jkt 235001 PO 00000 Frm 00056 Fmt 4700 Sfmt 9990 E:\FR\FM\13APR1.SGM 13APR1


Document Created: 2015-12-18 11:22:04
Document Modified: 2015-12-18 11:22:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective April 13, 2015.
ContactPeggy Mundy at 206-526-4323.
FR Citation80 FR 19564 
RIN Number0648-BE79
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