[Federal Register Volume 59, Number 22 (Wednesday, February 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2274]


[[Page Unknown]]

[Federal Register: February 2, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 661

[Docket No. 940120-4020; I.D. No. 011094A]
RIN No. 0648-AE05

 

Ocean Salmon Fisheries Off the Coasts of Washington, Oregon, and 
California

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule.

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SUMMARY: The Secretary of Commerce (Secretary) requests public comments 
on a proposed rule to implement Amendment 11 (amendment) to the Fishery 
Management Plan for Commercial and Recreational Salmon Fisheries Off 
the Coasts of Washington, Oregon, and California (FMP). Amendment 11 
would modify the spawning escapement goal for Oregon coastal natural 
(OCN) coho salmon and the criteria for establishing and managing 
subarea allocations for recreational coho salmon harvest south of Cape 
Falcon, Oregon (45 deg.46'00'' N. lat.). The amendment is intended to: 
(1) Address persistent low OCN coho stock abundance and annual 
escapement goals below maximum sustainable yield (MSY); (2) to prevent 
imbalances in recreational coho harvest allocation at low allowable 
harvest levels; and (3) to prevent the frequent use of emergency 
rulemaking to implement annual management measures.

DATES: Written comments on the amendment and the proposed rule must be 
received by March 21, 1994.

ADDRESSES: Comments should be sent to J. Gary Smith, Acting Director, 
Northwest Region, National Marine Fisheries Service, 7600 Sand Point 
Way NE., BIN C15700-Bldg. 1, Seattle, WA 98115-0070, or Dr. Gary 
Matlock, Acting Director, Southwest Region, National Marine Fisheries 
Service, 501 West Ocean Blvd., suite 4200, Long Beach, CA 90802-4213. 
Copies of the amendment, including the environmental assessment and the 
regulatory impact review/initial regulatory flexibility analysis, are 
available from Lawrence D. Six, Executive Director, Pacific Fishery 
Management Council, Metro Center, suite 420, 2000 SW. First Avenue, 
Portland, OR 97201-5344.

FOR FURTHER INFORMATION CONTACT:William L. Robinson at 206-526-6140, 
Rodney R. McInnis at 310-980-4040, or Lawrence D. Six at 503-326-6352.

SUPPLEMENTARY INFORMATION: The ocean salmon fisheries in the exclusive 
economic zone of the United States (3 to 200 miles offshore) in the 
Pacific Ocean off the coasts of Washington, Oregon, and California are 
managed under the FMP. The FMP was developed by the Pacific Fishery 
Management Council (Council) under the Magnuson Fishery Conservation 
and Management Act, 16 U.S.C. 1801 et seq. (Magnuson Act), and approved 
by the Secretary in 1978. Since then, the FMP has been amended 10 
times, with implementing regulations codified at 50 CFR part 661. From 
1979 to 1983, the FMP was amended annually. In 1984, a framework 
amendment was implemented that provided the mechanism for making 
preseason and inseason adjustments in the regulations without annual 
amendments. Amendments to the framework FMP were implemented in 1987, 
1988, 1989, and 1991.
    The Council prepared Amendment 11 to the FMP and submitted it to 
the Secretary for approval under the provisions of the Magnuson Act. On 
January 10, 1994, the Secretary began formal review of the amendment. A 
notice of availability for Amendment 11 was filed with the Office of 
the Federal Register on January 14, 1994, announcing a public comment 
period on the amendment.
    The FMP amendment process for Amendment 11 was initiated at the 
April 6-9, 1993, Council meeting with the presentation of several 
alternative proposals by the Oregon Department of Fish and Wildlife 
(ODFW) to address OCN coho salmon management concerns. Council 
discussions at its September 15-17, 1993, meeting identified three 
alternatives, in addition to the status quo, requiring further 
analyses. A draft amendment was prepared and distributed to interested 
persons for review in October 1993. Comments were invited, and public 
hearings were held November 8-10, 1993, in Tillamook and Coos Bay, 
Oregon, and Eureka, California (58 FR 57978, October 28, 1993). During 
the public hearings, the ODFW and the California Department of Fish and 
Game (CDFG) presented for Council consideration a joint recommendation 
regarding recreational allocation.
    After considering the comments received on the draft amendment at 
the public hearing and Council meetings, and from its Salmon Technical 
Team, Salmon Advisory Subpanel, and Scientific and Statistical 
Committee, the Council, at its November 17-19, 1993, meeting, selected 
the preferred alternative, which is based on the joint recommendation 
by the ODFW and CDFG. The Council's recommendation is a modification of 
the alternatives described in the draft amendment for public review and 
falls within the scope of those alternatives.
    The purpose of Amendment 11 is to modify the spawning escapement 
goal for OCN coho salmon, and the criteria for establishing and 
managing, when harvest levels are low, subarea allocations for 
recreational coho salmon harvest south of Cape Falcon, Oregon. The OCN 
coho stock is composed of naturally produced coho salmon from Oregon 
coastal streams. OCN coho are important contributors to the ocean 
salmon harvest, as the stock aggregate constitutes the largest 
component of naturally produced coho caught in ocean salmon fisheries 
off Oregon and California. In any given year, OCN coho stock numbers 
are used to set the allowable coho harvest rate for combined natural 
and hatchery production for the area south of Cape Falcon.

Spawning Escapement Goal

    Prior to 1987, the OCN coho spawning escapement goal was 200,000 
adults, the MSY spawning escapement level determined by the ODFW. The 
current method of determining the OCN coho spawning escapement goal and 
harvest rate was adopted by the Council in 1986 and implemented by 
Amendment 7 to the FMP beginning in 1987. Amendment 7 established an 
OCN spawning escapement goal floor of 135,000 coho for estimated ocean 
abundances of up to 270,000 coho. the spawning escapement goal changes 
to 50 percent of the ocean abundance (50 percent harvest rate) for 
ocean abundances between 270,000 and 400,000 coho, and is capped at 
200,000 coho for ocean abundances above 400,000 coho.
    Amendment 7 was intended to allow some additional harvest in years 
when unusual conditions such as the 1983 El Nino might temporarily 
reduce stock abundance below 400,000 coho. The analysis supporting 
Amendment 7 indicated that implementing the amendment would provide 
increased economic benefits with a low likelihood that occasionally 
allowing the spawning escapement to drop to the floor level of 135,000 
would jeopardize the continued productivity of the OCN stock.
    The analysis supporting deviations from the fixed 200,000 spawning 
escapement goal at low stock sizes assumed that such deviations would 
occur infrequently. However, since 1985 the annual spawning escapement 
goal has been set below the 200,000 MSY level 50 percent of the time, 
and since 1979 the actual spawning escapement has met or exceeded 
200,000 coho in only a single year, 1984. During this same period, the 
post-season estimates of total OCN stock size have not exceeded 360,000 
coho salmon, compared to the 700,000 stock size that is believed to 
represent the MSY level. The reasons for this extended stock depression 
are not completely understood. Factors contributing to the decline of 
OCN coho include widespread and significant degradation of freshwater 
habitat, an extended period of poor ocean survival, and overestimation 
of stock abundance.
    The methodology for predicting the ocean abundance of OCN coho 
south of Cape Falcon has had mixed results since 1984. Despite a 
rigorous technical review of the OCN predictor by the Council in 1987, 
the predictor has consistently and significantly overestimated 
preseason abundance since its adoption in 1988. As a result, the 
formula in the FMP for calculating the spawning escapement goal and 
associated ocean harvest rate for OCN coho has resulted in overharvest 
and spawning escapement falling short of its goal for the past 6 years.
    In April 1991, the Council established an overfishing work group to 
review the status of OCN coho. This assessment was completed in 
February 1992 and included a review of the stock abundance predictor. 
While the current methodology was under review, the Council was not 
able to implement a new methodology that was more reliable than the 
current predictor for estimating ocean abundance. To compensate for the 
overestimation bias in the current predictor, the Council relied on 
emergency regulations in 1991, 1992, and 1993 to reduce the ocean 
harvest rate on OCN coho from the levels set in Amendment 7, thus 
allowing additional natural spawners to escape the ocean fisheries.
    Amendment 11 would modify the OCN coho spawning escapement goal so 
as to achieve an aggregate OCN adult spawning density of 42 naturally 
spawning adults per mile in standard index survey areas each year. The 
standard index survey areas are 48 different stream sections that have 
been surveyed by ODFW each year since 1950. Under the current methods 
used by ODFW, the number of spawners in the standard index area is 
extrapolated for 4,764 miles of coastal spawning habitat. This 
translates to a numerical spawning escapement goal of 200,000. The 
original FMP spawning escapement goal of 200,000 was based on this 
expansion. This number of adult spawners per mile was documented as the 
estimated MSY spawning escapement level in an ODFW study of coastal 
stream spawning escapements and subsequent production from 1950 to 
1980. The ODFW is currently in the fourth year of a 5-year study to 
confirm the relationship between the number of natural spawners counted 
in standard index survey areas and the total OCN coho salmon spawning 
populations. This study may provide a better definition of the total 
OCN coho spawning population when it is completed, and the results may 
lead to revisions in the estimated total number of spawners at the MSY 
level that is calculated by extrapolating from the 42 adults per mile 
in the standard index survey areas. This type of change would not 
necessitate any further changes to the FMP or its implementing 
regulations. If further studies result in recommended changes to the 
optimum number (42) of adult spawners per mile in the standard index 
survey areas, the FMP will need to be amended or, if the change is 
purely technical, the spawning escapement goal may be revised through 
the framework provided in 50 CFR 661, Appendix IV.B. At this time, 
however, Amendment 11 represents the best available science.
    Amendment 11 also states that when OCN coho abundance is forecast 
to be less than 125 percent of the annual numerical escapement goal, or 
below 250,000 fish at the present spawner escapement goal of 200,000 
adults, an incidental exploitation rate of up to 20 percent would be 
allowed for ocean and freshwater fisheries targeting on non-OCN coho 
salmon stocks. Concern was expressed that, when OCN coho abundance 
forecasts are below 168,750, the proposal for up to a 20 percent 
incidental harvest rate could allow OCN coho spawning escapements below 
the 135,000 fish floor currently contained in the FMP. In response to 
this concern, the Council modified the proposal to emphasize that the 
20 percent represented a maximum harvest rate. The Council will 
evaluate the actual level of incidental harvest of OCN coho that might 
be expected to occur in fisheries for chinook salmon and non-OCN coho 
salmon and will recommend only the minimum incidental harvest rate 
necessary to prosecute other fisheries, provided the rate chosen will 
cause no irreparable harm to the OCN stock.

Recreational Harvest Allocation

    Amendment 11 also proposes to modify the subarea allocations for 
the recreational fishery south of Cape Falcon when the allowable 
recreational coho allocation for the entire area is equal to or less 
than 167,000 fish. This modification is intended to maintain the 
historical catch distribution between Oregon and California when stock 
sizes are at low levels, so that one geographical area is not 
disproportionately affected by the harvest reductions.
    Due to the northward migration pattern of the affected coho stocks, 
coho landings occur early in the season off California and gradually 
move north into Oregon. Coho landings south of Humbug Mountain, Oregon 
(42 deg. 40'30'' N. lat.), taper off dramatically after July, whereas 
central Oregon fisheries tend to reach peak coho landings in July and 
August with fish available into September. Currently, when the 
recreational coho quota south of Cape Falcon is reached, the 
recreational fishery for coho remains open south of Humbug Mountain. In 
the past, the south of Cape Falcon coho quota has generally been 
reached after mid-August; the impacts of allowing the California 
recreational fishery to continue have been minor, as the season has 
been near the end and coho catches are generally very low south of 
Humbug Mountain.
    With the reduction in the coho quotas and overall harvest rates 
caused by low coho abundance, it is possible that early fisheries to 
the south could catch most of the available coho impacts before fish 
become readily available off central Oregon, resulting in a shift of 
the harvest to southern Oregon and California fisheries. An example of 
such a redistribution occurred during the 1993 season.
    In 1993, 68,000 coho were available for the recreational fishery 
south of Cape Falcon. The recreational season off central Oregon was 
closed on August 10 with 56 percent of the recreational harvest caught 
south of Humbug Mountain and 25 percent occurring south of Horse 
Mountain, California (40 deg. 05'00'' N. lat.). From 1976 to 1992 for 
comparison, the recreational coho harvest south of Cape Falcon averaged 
over 200,000 coho and the harvest south of Humbug Mountain averaged 23 
percent, with 2 percent occurring south of Horse Mountain.
    To maintain the historical catch distribution given the current low 
harvest levels, Amendment 11 establishes two subareas with independent 
impact quotas to ensure that a large southward shift in the 
recreational harvest does not occur. Of the total recreational 
allocation, the subarea from Cape Falcon to Humbug Mountain, Oregon, 
receives 70 percent and the subarea south of Humbug Mountain receives 
30 percent, with the percentages being based on avoiding large 
deviations from historical harvest shares. Except for the area south of 
Point Arena, California (38 deg. 57'30'' N. lat.), the two subareas 
will be managed for their respective impact quotas, and the 
recreational fisheries for coho salmon in each area may be closed upon 
attainment of the quota. South of Humbug Mountain, there are 2 
additional conditions: (1) An impact guideline of 3 percent of the 
overall south of Cape Falcon recreational allocation will be applied 
from Horse Mountain to Point Arena, California; and (2) the 
recreational fishery for coho salmon will not be closed south of Point 
Arena, even if the fishery between Humbug Mountain and Point Arena is 
closed, upon projected attainment of the south of Humbug Mountain 
impact quota, but the projected harvest through the end of the year 
will be included in the south of Humbug Mountain impact quota. Quota 
transfers between subareas are allowed on a one-for-one basis, but only 
if chinook constraints preclude access to coho.
    Selection of 167,000 as the trigger for this allocation is based on 
2 factors: (1) It represents a low harvest level at which a southward 
shift is likely due to the migratory pattern of coho and the timing of 
normal fishing seasons, and (2) it is the upper limit of the 
recreational allocation that is subject to reduction to meet hook-and-
release mortality in the commercial all-salmon-except-coho fishery.
    Implementation of Amendment 11 would require changes to the 
regulatory language in the appendix to 50 CFR part 661.

Classification

    Section 304(a)(1)(D) of the Magnuson Act, as amended, requires the 
Secretary to publish regulations proposed by a Council within 15 days 
of receipt of the amendment and regulations. At this time the Secretary 
has not determined that the amendment these rules would implement is 
consistent with the national standards, other provisions of the 
Magnuson Act, and other applicable law. The Secretary, in making that 
determination, will take into account the data, views, and comments 
received during the comment period.
    This action is not significant and is not subject to review under 
E.O. 12866.
    This proposed rule, if adopted, will have a significant economic 
impact on a substantial number of small entities for purposes of the 
Regulatory Flexibility Act. The Council prepared a regulatory impact 
review (RIR) and an initial regulatory flexibility analysis (IRFA), 
which are incorporated in the Amendment 11 document and may be obtained 
from the Council (see ADDRESSES). A summary of the economic impacts 
evaluated apply to small business entities because this industry 
consists primarily of small entities. Under the Council's recommended 
alternative that eliminates the sliding scale escapement goal, 
allowable coho ocean harvests will be reduced in the short term, with 
the changes in net economic value (NEV) in the millions of dollars 
(estimates of -$1.5 million and -$3.2 million were made based on 
landings data for 1990 and 1992, respectively). Over the long term, 
some stock rebuilding is expected, resulting in an increase in 
allowable harvests and a reduction in the negative effects in any one 
year. Expression of the spawning escapement goal in terms of a number 
of fish per mile in standard index survey areas is expected to reduce 
administrative costs by allowing the Council to use the best available 
information to achieve MSY escapement without emergency regulations or 
FMP amendments. At reduced allowable harvest levels for the 
recreational fishery (under 167,000 coho), the Council's recommended 
alternative will maintain harvest shares between central Oregon and 
areas south of Humbug Mountain close to historic levels and minimize 
any controversy resulting from a geographic shift of harvest from 
northern to southern areas.
    The Council prepared an environmental assessment for this amendment 
that concludes there will be no significant impact on the human 
environment as a result of this rule. The environmental assessment has 
been incorporated in the Amendment 11 document and may be obtained from 
the Council (see ADDRESSES).
    The Assistant Administrator for Fisheries, NOAA, has determined 
that this rule, if implemented, is not like to adversely affect Snake 
River sockeye salmon, Snake River spring/summer chinook salmon, Snake 
River fall chinook salmon or Sacramento River winter-run chinook 
salmon, species listed under the Endangered Species Act. This rule will 
generally apply a more conservative management standard for coho salmon 
off Oregon and California. Given the integrated management structure of 
chinook and coho fisheries, the rule will generally reduce impacts and, 
therefore, have a beneficial effect on the currently listed species. In 
addition, no fishing on these stocks will occur until a section 7 
consultation has been completed governing the annual harvest regime 
under the FMP.
    NMFS has received petitions to list two coho stocks from central 
California (March 11, 1993), five Oregon stocks (July 21, 1993), and a 
coastwide petition for all coho salmon (October 20, 1993). In response 
to the first two petitions, NMFS published a notice in the Federal 
Register announcing its intent to conduct a comprehensive status review 
to assess all coho stocks in Washington, Oregon, and California 
(October 27, 1993, 58 FR 57770). This rule will affect many of the 
stocks petitioned for listing. However, because the rule will implement 
more conservative standards for the management of coho fisheries, NMFS 
concludes that it would have a generally beneficial effect on 
petitioned coho salmon species as well.

List of Subjects in 50 CFR Part 661

    Fisheries, Fishing, Indians, Reporting and recordkeeping 
requirements.

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

    Dated: January 27, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set forth in the preamble, 50 CFR part 661 is 
proposed to be amended as follows:

PART 661--OCEAN SALMON FISHERIES OFF THE COASTS OF WASHINGTON, 
OREGON, AND CALIFORNIA

    1. The authority citation for part 661 continues to read as 
follows:

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

    2. In the Appendix to part 661, in section II.B., a new sentence is 
added to the end of paragraph 2(b)(i), and a new paragraph 2(b)(v) is 
added to read as follows:

Appendix

* * * * *

II. Annual Changes to Management Specifications

* * * * *

B. Procedures for Establishing and Adjusting Annual Management Measures

* * * * *
    2. Allocation of ocean harvest levels.
* * * * *
    (b) Coho south of Cape Falcon. (i) * * * The recreational allowable 
ocean harvest will be distributed between the two major recreational 
subareas when the recreational allocation is equal to or less than 
167,000 fish in accordance with paragraph 2(b)(v) of this section.
* * * * *
    (v) When the recreational allocation is at 167,000 fish or less, 
the total recreational allowable ocean harvest of coho will be divided 
between two major subareas with independent impact quotas. The initial 
allocation will be 70 percent from Cape Falcon to Humbug Mountain and 
30 percent south of Humbug Mountain. Coho transfers between the two 
impact quotas may be permitted on a one-for-one basis, if chinook 
constraints preclude access to coho. Horse Mountain to Point Arena will 
be managed for an impact guideline of 3 percent of the south of Cape 
Falcon recreational allocation. The recreational coho fishery between 
Humbug Mountain and Point Arena may be closed when it is projected that 
the harvest impact between Humbug Mountain and Point Arena, combined 
with the projected harvest impact that will be taken south of Point 
Arena to the end of the season, equals the impact quota for south of 
Humbug Mountain. The recreational fishery for coho salmon south of 
Point Arena will not close upon attainment of the south of Humbug 
Mountain impact quota.
* * * * *
    3. In the Appendix to part 661, in section IV.A., the table 
``Summary of Specific Management Goals for Stocks in the Salmon 
Management Unit'' is amended by revising the entry for Columbia River 
and Oregon Coastal Coho and its footnote 4 to read as follows:
* * * * * 

Summary of Specific Management Goals for Stocks in the Salmon Management
                                  Unit                                  
------------------------------------------------------------------------
              System                     Spawning\1\ escapement goal    
------------------------------------------------------------------------
                                                                        
                                  *****                                 
Columbia River and Oregon Coastal    Oregon coastal natural (OCN) coho  
 Coho.                                spawning escapement is based on an
                                      aggregate density of 42 naturally 
                                      spawning adults per mile in       
                                      standard index survey areas.\4\   
                                                                        
                                  *****                                 
------------------------------------------------------------------------
\1\Represents adult natural spawning escapement goal for viable natural 
  stocks or adult hatchery return goal for stocks managed for artificial
  production.                                                           
*****                                                                   
\4\At OCN stock sizes below 125 percent of the annual numerical         
  escapement goal, an exploitation rate of up to 20 percent will be     
  allowed for incidental impacts of the combined ocean troll, sport, and
  freshwater fisheries. At OCN spawning escapements of 28 or fewer      
  adults per mile, an exploitation rate of up to 20 percent may be      
  allowed to provide only minimum incidental harvest to prosecute other 
  fisheries, provided the rate chosen will cause no irreparable harm to 
  the OCN stock.                                                        
*****                                                                   

[FR Doc. 94-2274 Filed 1-28-94; 9:55 am]
BILLING CODE 3510-22-M