83 FR 18233 - Fisheries Off West Coast States; West Coast Salmon Fisheries; Management Measures To Limit Fishery Impacts on Sacramento River Winter-Run Chinook Salmon
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 81 (April 26, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 81 (April 26, 2018)
| Page Range | 18233-18235 | |
| FR Document | 2018-08767 |
[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)] [Rules and Regulations] [Pages 18233-18235] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08767] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 171031999-8355-02] RIN 0648-BH40 Fisheries Off West Coast States; West Coast Salmon Fisheries; Management Measures To Limit Fishery Impacts on Sacramento River Winter-Run Chinook Salmon AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS issues a final rule to approve new fishery management measures to limit incidental catch of endangered Sacramento River winter-run Chinook salmon (SRWC) in fisheries managed under the Pacific Fishery Management Council's (Council) Pacific Salmon Fishery Management Plan (FMP), as recommended by the Council for use in developing annual management measures beginning in 2018. These new management measures replace existing measures, which have been in place since 2012, with updated salmon abundance modeling methods that utilize the best available science and address concerns that the existing measures were overly conservative. DATES: This final rule is effective April 25, 2018. FOR FURTHER INFORMATION CONTACT: Peggy Mundy at (206) 526-4323. SUPPLEMENTARY INFORMATION: Background Ocean salmon fisheries off the coasts of Washington, Oregon, and California are managed by the Council and NMFS according to the FMP. The FMP includes harvest controls that are used to manage salmon stocks sustainably. The FMP also requires that the Council manage fisheries consistent with ``consultation standards'' for stocks listed as endangered or threatened under the Endangered Species Act (ESA) for which NMFS has issued biological opinions. At its November 2017 meeting, the Council adopted a preferred alternative for new management measures to limit fishery impacts to endangered SRWC, including a harvest control rule, to replace measures that have been in place since 2012. The Council developed these new management measures over a two- year period that included discussion at several public meetings, which provided opportunity for public comment. These new management measures include updated salmon abundance modeling methods that utilize the best available science and address concerns that the existing measures were overly conservative. The Council transmitted their recommendation to NMFS on December 6, 2017. NMFS published a proposed rule on February 22, 2018 (83 FR 7650) and accepted comments through March 9, 2018. The rationale for and effects of the rule are described in more detail in the proposed rule. The management measures approved in this final rule are unchanged from the proposed rule and consist of two parts. Part one is the continued use of season and size restrictions that were included in the 2012 management measures (see Table 1, below). Part two is a harvest control rule, recommended by the Council, which uses juvenile survival (i.e., fry to the end of age-two in the ocean) to model a forecast of age-three escapement absent fishing (escapement). The model used is a modification of the approach described in Winship et al. (2014) and is detailed in O'Farrell et al. (2016). The harvest control rule uses a forward-looking forecast rather than the previously used hind-cast methodology. The new harvest control rule sets the maximum allowable age-three impact rate based on the forecast escapement. At escapement above 3,000, the allowable impact rate is fixed at 20 percent. At escapement between 3,000 and 500, the allowable impact rate declines linearly from 20 percent to 10 percent. At escapement between 500 and 0, the allowable impact rate declines linearly from 10 percent to 0 percent, thus providing fishing opportunity at all levels of SRWC abundance. See Figure 1. Table 1--Fishing Season and Size Restrictions for Ocean Chinook Salmon Fisheries, South of Point Arena, California ---------------------------------------------------------------------------------------------------------------- Minimum size limit Fishery Location Shall open no Shall close no (total length \1\) earlier than later than shall be ---------------------------------------------------------------------------------------------------------------- Recreational........... Between Point Arena and 1st Saturday in 2nd Sunday in 20 inches. Pigeon Point. April. November. Between Pigeon Point 1st Saturday in 1st Sunday in and the U.S./Mexico April. October. border. Commercial............. Between Point Arena and May 1............. September 30 26 inches. the U.S./Mexico border [dagger]. [dagger]. ---------------------------------------------------------------------------------------------------------------- [dagger] Exception: Between Point Reyes and Point San Pedro, there may be an October commercial fishery conducted Monday through Friday, but shall end no later than October 15. \1\ Total length of salmon means the shortest distance between the tip of the snout or jaw (whichever extends furthest while the mouth is closed) and the tip of the longest lobe of the tail, without resort to any force or mutilation of the salmon other than fanning or swinging the tail (50 CFR 660.402). [[Page 18234]] [GRAPHIC] [TIFF OMITTED] TR26AP18.001 Response to Comments NMFS accepted comments on the proposed rule to approve new fishery management measures through March 9, 2018. We received no comments on the proposed rule. NMFS is not proposing any changes from the proposed rule. References Cited O'Farrell, M., N. Hendrix, and M. Mohr. 2016. An evaluation of preseason abundance forecasts for Sacramento River winter Chinook salmon. Pacific Fishery Management Council Briefing Book for November 2016, 35p. SRWC Workgroup. 2017. Further evaluation of Sacramento River winter Chinook control rules, dated October 18, 2017. Pacific Fishery Management Council Briefing Book for November 2017, 9 p. Winship, A. J., M. R. O'Farrell, and M. S. Mohr. 2014. Fishery and hatchery effects on an endangered salmon population with low productivity. Transactions of the American Fisheries Society 143, 957-971. Classification Pursuant to section 304(b)(1)(A) of the MSA, the Assistant Administrator for Fisheries (AA) has determined that this final rule is consistent with the Pacific Salmon Fishery Management Plan, the MSA, and other applicable law. The actions taken through this final rule have been analyzed in an environmental assessment, under the National Environmental Policy Act (NEPA). The West Coast Regional Administrator determined that the actions of this final rule will not significantly impact the quality of the human environment and has signed a finding of no significant impact. This rule has been determined to be not significant for purposes of Executive Order 12866. As required by section 603 of the Regulatory Flexibility Act (RFA), a Final Regulatory Flexibility Analysis (FRFA) was prepared. The FRFA describes the economic impact this final rule will have on small entities. A summary of the analysis follows. A copy of this analysis is available from NMFS. Provision is made under SBA's regulations for an agency to develop its own industry-specific size standards after consultation with Advocacy and an opportunity for public comment (see 13 CFR 121.903(c)). NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (80 FR 81194, December 29, 2015). This standard is only for use by NMFS and only for the purpose of conducting an analysis of economic effects in fulfillment of the agency's obligations under the RFA. NMFS' small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing is $11 million in annual gross receipts. This standard applies to all businesses classified under North American Industry Classification System (NAICS) code 11411 for commercial fishing, including all businesses classified as commercial finfish fishing (NAICS 114111), commercial shellfish fishing (NAICS 114112), and other commercial marine fishing (NAICS 114119) businesses (50 CFR 200.2; 13 CFR 121.201). The final rule approves a harvest control rule that specifies the annual amount of fishery impact that will be allowed on ESA-listed SRWC and, thereby, affect the fishing opportunity available in the area south of Point Arena, CA. This will affect commercial and recreational fisheries. Using the high from the last 3 years, 153 commercial trollers are likely to be impacted by this rule, all of whom would be considered small businesses. The 16-25 commercial vessels who have greater than 75 percent of their annual revenue from Chinook salmon south of Point Arena would be most impacted by this rule. Charter license holders operating south of Point Arena will be directly regulated under the updated harvest control rule. The number of license holders has fluctuated with harvest levels, varying from 70 in 2010 to 93 in 2014. Of these, 20-50 vessels could be considered ``active'', landing more than 100 salmon in the year. The final rule impacts about 90 charter boat entities, about 50 of whom were ``active'' in peak years (2013-2014). In summary, this rule will directly impact about 250 entities made up of commercial and charter vessels, with about 75 of these highly active in the fishery and likely to experience the largest impacts, in proportion to their total participation. The action includes a de minimis provision and would allow impacts at [[Page 18235]] all non-zero forecast abundance. Because of this feature, this action is unlikely to result in fishery closure in the analysis area. The selected alternative also provides increased certainty to operators over the status quo, in which the Council has elected lower impact rates than specified by the current control rule. Therefore, this action would be expected to have a positive impact of low magnitude on economic benefits to fishery-dependent communities that would vary year-to-year, but not likely to be significant. Commercial trollers and charter operators face a variety of constraining stocks. In no year has SWRC been the only constraining stock. Entities are constrained by both ESA-listed and non-listed species; the years that had the most constrained fisheries in the last decade were 2008 and 2009, when fisheries in the analysis area were closed to limit impacts to Sacramento River fall Chinook, not an ESA- listed species, rather than the ESA-listed species SRWC. Thus, while entities will likely continue to face constraints relative to fishing opportunities, because the action is expected to provide low-positive benefits to both commercial and charter operators, NMFS does not expect the rule to impose significant negative economic effects. This final rule does not establish any new reporting or recordkeeping requirements. This final 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 the subject of a consultation under section 7 of the ESA. NMFS has prepared a biological opinion on the effects of this action on SRWC. The biological opinion concluded that the action does not jeopardize SRWC. This action is not expected to have adverse effects on any other species listed under the ESA or designated critical habitat. This action implements a new harvest control rule to limit impacts on SRWC from the ocean salmon fishery and will be 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 ESA-listed salmon species. 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 AA 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 measures to limit incidental catch of endangered SRWC in fisheries managed under the Council's FMP; these management measures will be used in setting ocean salmon fisheries, beginning in 2018. As previously discussed, the actions in this rule were developed through the Council process. The actions were adopted by the Council over multiple Council meetings and the final recommendation was transmitted to NMFS in December 2017. Subsequently, NMFS completed a draft NEPA analysis to accompany the proposed rule. In order to complete this work and include a meaningful public comment opportunity on the proposed rule, this rulemaking could not be completed sooner. The Council developed 2018 ocean salmon fishery management measures at their April 5-11, 2018 meeting based on the new management framework described in this rule. Delaying the effectiveness of the actions in this rule by 30 days would complicate NMFS' ability to make determinations regarding those ocean salmon fishery management measures that manage fishery impacts on SRWC consistent with the best available science prior to May 1, 2018, when significant salmon fisheries start. Because delaying the effectiveness of this rule would mean delaying the effectiveness of salmon fishery management measures based on the best available science, it would undermine the purposes of this agency action and the requirements of the Magnuson-Stevens Act (MSA). Specifically, the management framework described in this rule relies on new abundance forecasting methodology that is forward-looking and thus takes into account environmental conditions that could affect abundance in the future. This is the best available science on which to base decisions about fishery impacts on SRWC. This final rule was developed after meaningful collaboration with West Coast 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. No tribes with Federally recognized fishing rights are expected to be affected by this rule. Authority: 16 U.S.C. 1801 et seq. Dated: April 23, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-08767 Filed 4-25-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations 18233
This action is being taken under for use in developing annual utilize the best available science and
§ 635.23(b)(3), and is exempt from management measures beginning in address concerns that the existing
review under Executive Order 12866. 2018. These new management measures measures were overly conservative. The
Authority: 16 U.S.C. 971 et seq. and 1801 replace existing measures, which have Council transmitted their
et seq. been in place since 2012, with updated recommendation to NMFS on December
salmon abundance modeling methods 6, 2017. NMFS published a proposed
Dated: April 23, 2018.
that utilize the best available science rule on February 22, 2018 (83 FR 7650)
Jennifer M. Wallace, and address concerns that the existing and accepted comments through March
Acting Director, Office of Sustainable measures were overly conservative. 9, 2018. The rationale for and effects of
Fisheries. National Marine Fisheries Service.
DATES: This final rule is effective April the rule are described in more detail in
[FR Doc. 2018–08783 Filed 4–23–18; 4:15 pm]
25, 2018. the proposed rule.
BILLING CODE 3510–22–P
FOR FURTHER INFORMATION CONTACT: The management measures approved
Peggy Mundy at (206) 526–4323. in this final rule are unchanged from the
DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: proposed rule and consist of two parts.
Part one is the continued use of season
National Oceanic and Atmospheric Background and size restrictions that were included
Administration Ocean salmon fisheries off the coasts in the 2012 management measures (see
of Washington, Oregon, and California Table 1, below). Part two is a harvest
50 CFR Part 660 are managed by the Council and NMFS control rule, recommended by the
[Docket No. 171031999–8355–02] according to the FMP. The FMP Council, which uses juvenile survival
includes harvest controls that are used (i.e., fry to the end of age-two in the
RIN 0648–BH40 to manage salmon stocks sustainably. ocean) to model a forecast of age-three
The FMP also requires that the Council escapement absent fishing (escapement).
Fisheries Off West Coast States; West manage fisheries consistent with The model used is a modification of the
Coast Salmon Fisheries; Management ‘‘consultation standards’’ for stocks approach described in Winship et al.
Measures To Limit Fishery Impacts on listed as endangered or threatened (2014) and is detailed in O’Farrell et al.
Sacramento River Winter-Run Chinook under the Endangered Species Act (2016). The harvest control rule uses a
Salmon (ESA) for which NMFS has issued forward-looking forecast rather than the
AGENCY: National Marine Fisheries biological opinions. At its November previously used hind-cast methodology.
Service (NMFS), National Oceanic and 2017 meeting, the Council adopted a The new harvest control rule sets the
Atmospheric Administration (NOAA), preferred alternative for new maximum allowable age-three impact
Commerce. management measures to limit fishery rate based on the forecast escapement.
ACTION: Final rule. impacts to endangered SRWC, including At escapement above 3,000, the
a harvest control rule, to replace allowable impact rate is fixed at 20
SUMMARY: NMFS issues a final rule to measures that have been in place since percent. At escapement between 3,000
approve new fishery management 2012. The Council developed these new and 500, the allowable impact rate
measures to limit incidental catch of management measures over a two-year declines linearly from 20 percent to 10
endangered Sacramento River winter- period that included discussion at percent. At escapement between 500
run Chinook salmon (SRWC) in fisheries several public meetings, which and 0, the allowable impact rate
managed under the Pacific Fishery provided opportunity for public declines linearly from 10 percent to 0
Management Council’s (Council) Pacific comment. These new management percent, thus providing fishing
Salmon Fishery Management Plan measures include updated salmon opportunity at all levels of SRWC
(FMP), as recommended by the Council abundance modeling methods that abundance. See Figure 1.
TABLE 1—FISHING SEASON AND SIZE RESTRICTIONS FOR OCEAN CHINOOK SALMON FISHERIES,
SOUTH OF POINT ARENA, CALIFORNIA
Minimum
size limit
Fishery Location Shall open no earlier than Shall close no later than (total length 1)
shall be
Recreational .......... Between Point Arena and Pigeon Point .............................. 1st Saturday in April ............. 2nd Sunday in November ..... 20 inches.
Between Pigeon Point and the U.S./Mexico border ............ 1st Saturday in April ............. 1st Sunday in October.
Commercial ........... Between Point Arena and the U.S./Mexico border † ........... May 1 .................................... September 30 † .................... 26 inches.
† Exception: Between Point Reyes and Point San Pedro, there may be an October commercial fishery conducted Monday through Friday, but shall end no later
than October 15.
1 Total length of salmon means the shortest distance between the tip of the snout or jaw (whichever extends furthest while the mouth is closed) and the tip of the
longest lobe of the tail, without resort to any force or mutilation of the salmon other than fanning or swinging the tail (50 CFR 660.402).
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![Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations 18235
all non-zero forecast abundance. prudent alternatives in the jeopardy Dated: April 23, 2018.
Because of this feature, this action is biological opinions. Samuel D. Rauch, III,
unlikely to result in fishery closure in The AA finds that good cause exists Deputy Assistant Administrator for
the analysis area. The selected under 5 U.S.C. 553(d)(3), to waive the Regulatory Programs, National Marine
alternative also provides increased 30-day delay in effectiveness. This rule Fisheries Service.
certainty to operators over the status implements changes in management [FR Doc. 2018–08767 Filed 4–25–18; 8:45 am]
quo, in which the Council has elected measures to limit incidental catch of BILLING CODE 3510–22–P
lower impact rates than specified by the endangered SRWC in fisheries managed
current control rule. Therefore, this
under the Council’s FMP; these
action would be expected to have a DEPARTMENT OF COMMERCE
management measures will be used in
positive impact of low magnitude on
setting ocean salmon fisheries, National Oceanic and Atmospheric
economic benefits to fishery-dependent
beginning in 2018. As previously Administration
communities that would vary year-to-
year, but not likely to be significant. discussed, the actions in this rule were
Commercial trollers and charter developed through the Council process. 50 CFR Part 679
operators face a variety of constraining The actions were adopted by the
Council over multiple Council meetings [Docket No. 170816769–8162–02]
stocks. In no year has SWRC been the
only constraining stock. Entities are and the final recommendation was RIN 0648–XG192
constrained by both ESA-listed and non- transmitted to NMFS in December 2017.
listed species; the years that had the Subsequently, NMFS completed a draft Fisheries of the Economic Exclusive
most constrained fisheries in the last NEPA analysis to accompany the Zone Off Alaska; Deep-Water Species
decade were 2008 and 2009, when proposed rule. In order to complete this Fishery by Vessels Using Trawl Gear in
fisheries in the analysis area were work and include a meaningful public the Gulf of Alaska
closed to limit impacts to Sacramento comment opportunity on the proposed
AGENCY: National Marine Fisheries
River fall Chinook, not an ESA-listed rule, this rulemaking could not be
Service (NMFS), National Oceanic and
species, rather than the ESA-listed completed sooner. The Council
Atmospheric Administration (NOAA),
species SRWC. Thus, while entities will developed 2018 ocean salmon fishery
Commerce.
likely continue to face constraints management measures at their April 5–
ACTION: Temporary rule; closure.
relative to fishing opportunities, 11, 2018 meeting based on the new
because the action is expected to management framework described in SUMMARY: NMFS is prohibiting directed
provide low-positive benefits to both this rule. Delaying the effectiveness of fishing for species that comprise the
commercial and charter operators, the actions in this rule by 30 days deep-water species fishery by vessels
NMFS does not expect the rule to would complicate NMFS’ ability to using trawl gear in the Gulf of Alaska
impose significant negative economic make determinations regarding those (GOA). This action is necessary because
effects. ocean salmon fishery management the second seasonal apportionment of
This final rule does not establish any measures that manage fishery impacts the Pacific halibut bycatch allowance
new reporting or recordkeeping on SRWC consistent with the best specified for the deep-water species
requirements. This final rule does not available science prior to May 1, 2018, fishery in the GOA will be reached.
include a collection of information. No when significant salmon fisheries start.
DATES: Effective 1200 hours, Alaska
Federal rules have been identified that Because delaying the effectiveness of
local time, April 23, 2018, through 1200
duplicate, overlap, or conflict with this this rule would mean delaying the
hours, A.l.t., May 15, 2018.
action. effectiveness of salmon fishery
This action is the subject of a FOR FURTHER INFORMATION CONTACT: Josh
management measures based on the best
consultation under section 7 of the ESA. available science, it would undermine Keaton, 907–586–7228.
NMFS has prepared a biological opinion the purposes of this agency action and SUPPLEMENTARY INFORMATION: NMFS
on the effects of this action on SRWC. the requirements of the Magnuson- manages the groundfish fishery in the
The biological opinion concluded that Stevens Act (MSA). Specifically, the GOA exclusive economic zone
the action does not jeopardize SRWC. management framework described in according to the Fishery Management
This action is not expected to have this rule relies on new abundance Plan for Groundfish of the Gulf of
adverse effects on any other species forecasting methodology that is forward- Alaska (FMP) prepared by the North
listed under the ESA or designated looking and thus takes into account Pacific Fishery Management Council
critical habitat. This action implements environmental conditions that could under authority of the Magnuson-
a new harvest control rule to limit affect abundance in the future. This is Stevens Fishery Conservation and
impacts on SRWC from the ocean the best available science on which to Management Act. Regulations governing
salmon fishery and will be used in the base decisions about fishery impacts on fishing by U.S. vessels in accordance
setting of annual management measures SRWC. with the FMP appear at subpart H of 50
for West Coast salmon fisheries. NMFS CFR part 600 and 50 CFR part 679.
has current ESA biological opinions that This final rule was developed after The second seasonal apportionment
cover fishing under annual regulations meaningful collaboration with West of the Pacific halibut bycatch allowance
adopted under the FMP on all ESA- Coast tribes, through the Council specified for the trawl deep-water
listed salmon species. Some of NMFS process. Under the MSA at 16 U.S.C. species fishery in the GOA is 256 metric
past biological opinions have found no 1852(b)(5), one of the voting members of tons as established by the final 2018 and
the Council must be a representative of
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jeopardy, and others have found 2019 harvest specifications for
jeopardy, but provided reasonable and an Indian Tribe with Federally groundfish of the GOA (83 FR 8768,
prudent alternatives to avoid jeopardy. recognized fishing rights from the area March 1, 2018), for the period 1200
The annual management measures are of the Council’s jurisdiction. No tribes hours, A.l.t., April 1, 2018, through
designed to be consistent with the with Federally recognized fishing rights 1200 hours, A.l.t., July 1, 2018.
biological opinions that found no are expected to be affected by this rule. In accordance with § 679.21(d)(6)(i),
jeopardy, and with the reasonable and Authority: 16 U.S.C. 1801 et seq. the Administrator, Alaska Region,
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Document Created: 2018-11-02 08:20:12
Document Modified: 2018-11-02 08:20:12
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective April 25, 2018. | |
| Contact | Peggy Mundy at (206) 526-4323. | |
| FR Citation | 83 FR 18233 | |
| RIN Number | 0648-BH40 |
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