83 FR 7650 - Fisheries Off West Coast States; West Coast Salmon Fisheries; Management Measures To Limit Fishery Impacts on Sacramento River Winter Chinook Salmon
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 36 (February 22, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 36 (February 22, 2018)
| Page Range | 7650-7653 | |
| FR Document | 2018-03596 |
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)] [Proposed Rules] [Pages 7650-7653] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03596] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 171031999-8160-01] RIN 0648-BH40 Fisheries Off West Coast States; West Coast Salmon Fisheries; Management Measures To Limit Fishery Impacts on Sacramento River Winter Chinook Salmon AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes to approve new fishery management measures to limit incidental catch of endangered Sacramento River winter Chinook salmon (SRWC) in fisheries managed under the Pacific Fishery Management Council's (Council) Pacific Salmon Fishery Management Plan (FMP). 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: Comments on this proposed rule must be received on or before March 9, 2018. ADDRESSES: You may submit comments, identified by NOAA-NMFS-2017-0139, 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-2017-0139, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Barry A. Thom, 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 Ocean salmon fisheries off the coasts of Washington, Oregon, and California are managed by the Council 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 [[Page 7651]] endangered or threatened under the Endangered Species Act (ESA) for which NMFS has issued biological opinions. NMFS has issued biological opinions for every ESA listed salmon species impacted by the fisheries governed by the FMP, and reminds the Council of requirements to maintain consistency with those opinions (``consultation standards'') in its annual guidance letter to the Council regarding development of the annual ocean salmon management measures. SRWC has been listed as endangered under the ESA since 1990 (55 FR 46515, November 5, 1990). These fish are impacted by ocean salmon fisheries south of Point Arena, California; thus NMFS has consulted on these impacts under section 7 of the ESA. Since the original consultation, NMFS has periodically reinitiated consultation on the impacts of ocean salmon fisheries on SRWC, most recently in 2010. In its 2010 biological opinion, NMFS determined that ocean salmon fisheries were likely to jeopardize the continued existence of SRWC, but not modify or destroy critical habitat. To address this jeopardy conclusion, NMFS issued and implemented an interim reasonable and prudent alternative (RPA) for fisheries in 2010 and 2011, and required development of an abundance-based framework for limiting impacts on SRWC during this interim period. In 2012, NMFS issued and implemented the current RPA to limit impacts of fisheries on SRWC. The RPA consists of two parts: Part one includes fishing season and size limit restrictions (see Table 1, below); part two specifies an abundance- based harvest control rule. The harvest control rule uses a forecast abundance that is based on the 3-year geometric mean of prior spawning escapement. At 3-year geometric mean abundance greater than 5,000, no impact rate cap is imposed. At 3-year geometric mean abundance between 5,000 and 4,000, the impact rate cap is 20 percent. At 3-year geometric mean abundance between 4,000 and 500, the impact rate cap declines linearly from 20 percent at 4,000 abundance to 10 percent at 500 abundance. At 3-year geometric mean abundance below 500, the impact rate cap is zero percent. Table 1--Fishing Season and Size Restrictions for Ocean Chinook Salmon Fisheries, South of Point Arena, California ---------------------------------------------------------------------------------------------------------------- Shall open no Shall close no Minimum size limit (total Fishery Location earlier than later than length \1\) shall be ---------------------------------------------------------------------------------------------------------------- Recreational........... Between Point 1st Saturday in 2nd Sunday in 20 inches. Arena and Pigeon April. November. Point. Between Pigeon 1st Saturday in 1st Sunday in ............................. Point and the April. October. U.S./Mexico border. Commercial............. Between Point May 1............ September 30 26 inches. Arena and the [dagger]. U.S./Mexico border [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). Since implementation of the RPA, two issues with the control rule have arisen from Council discussion. First, the control rule does not allow for any fishery impacts when the most recent 3-year geometric mean of spawning escapement for SRWC falls below 500. This would result in closure of all salmon fisheries south of Point Arena, CA, which the Council felt was unnecessarily restrictive. Second, because the control rule is based on spawning escapement, it is not responsive to more forward looking indicators of stock productivity, e.g., poor juvenile salmon survival during the prolonged California drought. The Council did not raise any issues with respect to the fishing season and size limit restrictions that formed the first part of the 2012 RPA; and continues to consider this part of the applicable ESA ``consultation standard.'' Thus NMFS includes maintaining those restrictions as part of this action. In 2015, the Council created an ad hoc SRWC Workgroup to develop a new harvest control rule that would address the two issues mentioned above; the SRWC workgroup comprised staff from NMFS, California Department of Fish and Wildlife, and the U.S. Fish and Wildlife Service. The SRWC Workgroup's meetings to develop and analyze alternative harvest control rules were open to the public. Additionally, the SRWC Workgroup presented their reports to the Council at regularly scheduled Council meetings in 2016 and 2017. These workgroup and Council meetings were noticed in the Federal Register, public input was invited, and the meetings were open to the public through either in-person attendance, webinar, conference call, or live streaming on the internet. At the Council's September 2017 meeting, the Council selected four of the alternatives developed by the Workgroup for final analysis. The Council then selected a final preferred alternative at their November 2017 meeting. Documents considered by the Council are available on the Council website: (https://www.pcouncil.org/resources/archives/briefing-books/november-2017-briefing-book/#salNov2017). The Council transmitted their recommendation to NMFS on December 6, 2017. Council's Recommended Harvest Control Rule The new harvest control rule recommended by the Council uses juvenile survival (i.e., fry to the end of age-2 in the ocean) to model a forecast of age-3 escapement absent fishing (E\0\ 3 ). The model used is a modification of Winship et al. (2014) and is detailed in O'Farrell et al. (2016). The recommended control rule will provide a forward-looking forecast rather than the current hind-cast methodology. The new harvest control rule sets the maximum allowable age-three impact rate based on the forecast age-three escapement in the absence of fisheries (E\0\3 ). At E\0\3 above 3,000, the allowable impact rate is fixed at 20 percent. At E\0\3 between 3,000 and 500, the allowable impact rate declines linearly from 20 percent to 10 percent. At E\0\3 between 500 and 0, the allowable impact rate declines linearly from 10 percent to 0 [[Page 7652]] percent, thus providing fishing opportunity at all levels of SRWC abundance. See Figure 1. [GRAPHIC] [TIFF OMITTED] TP22FE18.008 The SRWC Workgroup compared the alternative harvest control rules with respect to extinction risk to SRWC and how the alternatives would affect fishing opportunity. With respect to extinction risk, the workgroup found little contrast among the alternatives in their simulation analyses. With respect to fishing opportunity, the workgroup did find differences among the alternatives, and concluded that the Council's recommended alternative was intermediate in constraining the fishery compared to the other alternatives under consideration. Fisheries south of Point Arena, where SRWC are contacted, impact several salmon stocks. In the six years that the current harvest control rule has been in place, these fisheries have been constrained by impacts to SRWC as well as California Coastal Chinook (ESA-listed as threatened), Sacramento River fall Chinook (not ESA-listed), and Klamath River fall Chinook (not ESA-listed). However, in recent years, the only closures of the fishery south of Point Arena were due to Sacramento River fall Chinook (2008, 2009). Under the new control rule for SRWC, fishing impacts would be allowed at all non-zero forecast abundance of SRWC; therefore, the new control rule would not, in itself, result in a fishery closure. The harvest control rule recommended by the Council would address the issues raised by the current harvest control rule. The new harvest control rule would allow for fishing opportunity in the affected area at all levels of abundance of SRWC, and uses juvenile productivity and survival to develop a responsive, forward-looking abundance forecast. The new harvest control rule is expected to accomplish these goals without appreciably increasing the extinction risk to SRWC over the current harvest control rule. The new harvest control rule was developed in a public process with opportunity for the States, Tribes, and the public to provide input. The Council recommended and NMFS proposes to implement this new harvest control rule, together with the size and fishing season limits described above, beginning with the 2018 ocean salmon fishing season that will begin May 1, 2018. 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 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. The West Coast Regional Administrator has determined that the actions of this proposed rule will be analyzed in an environmental assessment under the National Environmental Policy Act. This proposed 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), an Initial Regulatory Flexibility Analysis (IRFA) was prepared. The IRFA describes the economic impact this proposed rule, if adopted, would 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 [[Page 7653]] 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 proposed rule would specify 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 would 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 proposed rule would impact 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 proposed action includes a de minimis provision and would allow impacts at all non-zero forecast abundance. Because of this feature, this proposed action is unlikely to result in fishery closure in the analysis area. The alternative would also provide 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 proposed 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 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 the subject of a consultation under section 7 of the ESA. NMFS is currently preparing a biological opinion on the effects of this action on SRWC, which will be completed prior to publishing a final rule. This action is not expected to have adverse effects on any other species listed under the Endangered Species Act (ESA) or designated critical habitat. This action implements a new harvest control rule to limit impacts on SRWC from the ocean salmon fishery and would 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 listed salmon species. NMFS reiterates what is required for consistency with these opinions 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. This proposed 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: February 15, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-03596 Filed 2-21-18; 8:45 am] BILLING CODE 3510-22-P
![7650 Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules
TABLE 165.943—Continued
[Datum NAD 1983]
Event Location Event date
(3) City of Bayfield 4th of July All waters of the Lake Superior North Channel in Bayfield, WI within the arc of a On or around July 4th.
Fireworks Display. circle with a radius of no more than 1,120 feet from the launch site at position
46°48′40″ N, 090°48′32″ W.
(4) Cornucopia 4th of July Fire- All waters of Siskiwit Bay in Cornucopia, WI within the arc of a circle with a radius On or around July 4th.
works Display. of no more than 1,120 feet from the launch site at position 46°51′35″ N,
091°06′15″ W.
(5) Duluth 4th Fest Fireworks All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within the On or around July 4th.
Display. arc of a circle with a radius of no more than 1,120 feet from the launch site at
position 46°46′14″ N, 092°06′16″ W.
(6) LaPointe 4th of July Fire- All waters of Lake Superior in LaPointe, WI within the arc of a circle with a radius On or around July 4th.
works Display. of no more than 1,120 feet from the launch site at position 46°46′40″ N,
090°47′22″ W.
(7) Two Harbors 4th of July Fire- All waters of Agate Bay in Two Harbors, MN within the arc of a circle with a radius On or around July 4th.
works Display. of no more than 1,120 feet from the launch site at position 47°00′54″ N,
091°40′04″ W.
(8) Superior 4th of July Fireworks All waters of Superior Bay in Superior, WI within the arc of a circle with a radius of On or around July 4th.
Display. no more than 1,120 feet from the launch site at position 46°43′28″ N,
092°03′38″ W.
(9) Point to LaPointe Swim ......... All waters of the Lake Superior North Channel between Bayfield and LaPointe, WI Early August.
within an imaginary line created by the following coordinates: 46°48′50″ N,
090°48′44″ W, moving southeast to 46°46′44″ N, 090°47′33″ W, then moving
northeast to 46°46′52″ N, 090°47′17″ W, then moving northwest to 46°49′03″ N,
090°48′25″ W, and finally returning to the starting position.
(10) Lake Superior Dragon Boat All waters of Superior Bay in Superior, WI within the arc of a circle with a radius of Late August.
Festival Fireworks Display. no more than 1,120 feet from the launch site at position 46°43′28″ N,
092°03′47″ W.
(11) Superior Man Triathlon ........ All waters of the Duluth Harbor Basin, Northern Section in Duluth, MN within an Late August.
imaginary line created by the following coordinates: 46°46′36″ N, 092°06′06″ W,
moving southeast to 46°46′32″ N, 092°06′01″ W, then moving northeast to
46°46′45″ N, 092°05′45″ W, then moving northwest to 46°46′49″ N, 092°05′49″
W, and finally returning to the starting position.
Dated: February 14, 2018. Sacramento River winter Chinook received, documented, and considered
E.E. Williams, salmon (SRWC) in fisheries managed by NMFS. Comments sent by any other
Commander, U.S. Coast Guard, Captain of under the Pacific Fishery Management method, to any other address or
the Port Duluth. Council’s (Council) Pacific Salmon individual, or received after the end of
[FR Doc. 2018–03624 Filed 2–21–18; 8:45 am] Fishery Management Plan (FMP). These the comment period, may not be
BILLING CODE 9110–04–P new management measures replace considered. All comments received are
existing measures, which have been in a part of the public record and will
place since 2012, with updated salmon generally be posted for public viewing
DEPARTMENT OF COMMERCE abundance modeling methods that on http://www.regulations.gov without
utilize the best available science and change. All personal identifying
National Oceanic and Atmospheric address concerns that the existing information (e.g., name, address, etc.)
Administration measures were overly conservative. submitted voluntarily by the sender will
DATES: Comments on this proposed rule be publicly accessible. Do not submit
50 CFR Part 660 must be received on or before March 9, confidential business information or
2018. otherwise sensitive or protected
[Docket No. 171031999–8160–01] information. NMFS will accept
ADDRESSES: You may submit comments,
RIN 0648–BH40 identified by NOAA–NMFS–2017–0139, anonymous comments (enter N/A in the
by any one of the following methods: required fields if you wish to remain
Fisheries Off West Coast States; West • Electronic Submissions: Submit all anonymous).
Coast Salmon Fisheries; Management electronic public comments via the FOR FURTHER INFORMATION CONTACT:
Measures To Limit Fishery Impacts on Federal e-Rulemaking Portal. Go to Peggy Mundy at 206–526–4323.
Sacramento River Winter Chinook www.regulations.gov/ SUPPLEMENTARY INFORMATION:
Salmon #!docketDetail;D=NOAA-NMFS-2017-
0139, click the ‘‘Comment Now!’’ icon, Background
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and complete the required fields, and enter Ocean salmon fisheries off the coasts
daltland on DSKBBV9HB2PROD with PROPOSALS
Atmospheric Administration (NOAA), or attach your comments. of Washington, Oregon, and California
Commerce. • Mail: Barry A. Thom, Regional are managed by the Council according
ACTION: Proposed rule; request for Administrator, West Coast Region, to the FMP. The FMP includes harvest
comments. NMFS, 7600 Sand Point Way NE, controls that are used to manage salmon
Seattle, WA 98115–0070. stocks sustainably. The FMP also
SUMMARY: NMFS proposes to approve Instructions: Comments must be requires that the Council manage
new fishery management measures to submitted by one of the above methods fisheries consistent with ‘‘consultation
limit incidental catch of endangered to ensure that the comments are standards’’ for stocks listed as
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![Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules 7653
a small business size standard for entities made up of commercial and NMFS is currently preparing a
businesses, including their affiliates, charter vessels, with about 75 of these biological opinion on the effects of this
whose primary industry is commercial highly active in the fishery and likely to action on SRWC, which will be
fishing (80 FR 81194, December 29, experience the largest impacts, in completed prior to publishing a final
2015). This standard is only for use by proportion to their total participation. rule. This action is not expected to have
NMFS and only for the purpose of The proposed action includes a de adverse effects on any other species
conducting an analysis of economic minimis provision and would allow listed under the Endangered Species Act
effects in fulfillment of the agency’s impacts at all non-zero forecast (ESA) or designated critical habitat. This
obligations under the RFA. abundance. Because of this feature, this action implements a new harvest
NMFS’ small business size standard proposed action is unlikely to result in control rule to limit impacts on SRWC
for businesses, including their affiliates, fishery closure in the analysis area. The from the ocean salmon fishery and
whose primary industry is commercial alternative would also provide would be used in the setting of annual
fishing is $11 million in annual gross increased certainty to operators over the management measures for West Coast
receipts. This standard applies to all status quo, in which the Council has salmon fisheries. NMFS has current
businesses classified under North elected lower impact rates than ESA biological opinions that cover
American Industry Classification specified by the current control rule. fishing under annual regulations
System (NAICS) code 11411 for Therefore, this action would be adopted under the FMP on all listed
commercial fishing, including all expected to have a positive impact of salmon species. NMFS reiterates what is
businesses classified as commercial low magnitude on economic benefits to required for consistency with these
finfish fishing (NAICS 114111), fishery-dependent communities that opinions for all ESA-listed salmon and
commercial shellfish fishing (NAICS would vary year-to-year, but not likely steelhead species in their annual
114112), and other commercial marine to be significant. guidance letter to the Council. Some of
fishing (NAICS 114119) businesses. (50 Commercial trollers and charter NMFS past biological opinions have
CFR 200.2; 13 CFR 121.201). operators face a variety of constraining found no jeopardy, and others have
The proposed rule would specify the stocks. In no year has SWRC been the found jeopardy, but provided reasonable
annual amount of fishery impact that only constraining stock. Entities are and prudent alternatives to avoid
will be allowed on ESA-listed SRWC constrained by both ESA-listed and non- jeopardy. The annual management
and, thereby, affect the fishing listed species; the years that had the measures are designed to be consistent
opportunity available in the area south most constrained fisheries in the last with the biological opinions that found
of Point Arena, CA. This would affect decade were 2008 and 2009, when no jeopardy, and with the reasonable
commercial and recreational fisheries. fisheries in the analysis area were and prudent alternatives in the jeopardy
Using the high from the last 3 years, 153 closed to limit impacts to Sacramento biological opinions.
commercial trollers are likely to be River fall Chinook, not an ESA-listed
impacted by this rule, all of whom species, rather than the ESA-listed This proposed rule was developed
would be considered small businesses. species SRWC. Thus, while entities will after meaningful collaboration with
The 16–25 commercial vessels who likely continue to face constraints West Coast tribes, through the Council
have greater than 75 percent of their relative to fishing opportunities, process. Under the MSA at 16 U.S.C.
annual revenue from Chinook salmon because the proposed action is expected 1852(b)(5), one of the voting members of
south of Point Arena would be most to provide low-positive benefits to both the Council must be a representative of
impacted by this rule. Charter license commercial and charter operators, an Indian Tribe with Federally
holders operating south of Point Arena NMFS does not expect the rule to recognized fishing rights from the area
will be directly regulated under the impose significant negative economic of the Council’s jurisdiction. No tribes
updated harvest control rule. The effects. with Federally recognized fishing rights
number of license holders has This proposed rule would not are expected to be affected by this rule.
fluctuated with harvest levels, varying establish any new reporting or Authority: 16 U.S.C. 1801 et seq.
from 70 in 2010 to 93 in 2014. Of these, recordkeeping requirements. This
Dated: February 15, 2018.
20–50 vessels could be considered proposed rule does not include a
‘‘active’’, landing more than 100 salmon collection of information. No Federal Samuel D. Rauch, III,
in the year. The proposed rule would rules have been identified that Deputy Assistant Administrator for
impact about 90 charter boat entities, duplicate, overlap, or conflict with this Regulatory Programs, National Marine
about 50 of whom were ‘‘active’’ in peak action. Fisheries Service.
years (2013–2014). In summary, this This action is the subject of a [FR Doc. 2018–03596 Filed 2–21–18; 8:45 am]
rule will directly impact about 250 consultation under section 7 of the ESA. BILLING CODE 3510–22–P
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Document Created: 2018-02-22 02:51:04
Document Modified: 2018-02-22 02:51:04
| 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 March 9, 2018. | |
| Contact | Peggy Mundy at 206-526-4323. | |
| FR Citation | 83 FR 7650 | |
| RIN Number | 0648-BH40 |
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