[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Rules and Regulations]
[Pages 35450-35451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17154]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 970318059-7148-02; I.D. 022197B]
RIN 0648-AI82


Fisheries off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Amendment 12

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement portions of Amendment 
12 to the Fishery Management Plan for Commercial and Recreational 
Salmon Fisheries off the Coasts of Washington, Oregon, and California 
(Salmon FMP). The rule includes, as management objectives for the 
Salmon FMP, the NMFS jeopardy standards or the objectives of NMFS 
recovery plans for salmon species that are listed as threatened or 
endangered under the Endangered Species Act (ESA), and eliminates from 
the Code of Federal Regulations a table that summarizes management 
goals. This final rule implements that change. The intended effect of 
this rule is to ensure that ESA listed salmon are given proper 
consideration in formulating fishery management measures under the 
Salmon FMP.

DATES: This rule will become effective July 31, 1997.

ADDRESSES: Copies of Amendment 12 (combined with Amendment 10 to the 
Fishery Management Plan for the Pacific Coast Groundfish Fishery 
(Groundfish FMP)), and the Environmental Assessment (EA)/Regulatory 
Impact Review (RIR) are available from Larry Six, Executive Director, 
Pacific Fishery Management Council, 2130 SW Fifth Avenue, Suite 224, 
Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140, 
Rodney McInnis at 562-980-4040, or the Pacific Fishery Management 
Council at 503-326-6352.

SUPPLEMENTARY INFORMATION: NMFS issues this final rule to implement a 
recommendation from the Pacific Fishery Management Council (Council), 
under the authority of the FMP and the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). The background 
and rationale for the Council's recommendations were fully described in 
the notice of proposed rulemaking for this action (62 FR 15874, April 
3, 1997). Public comments were requested through May 19, 1997. No 
comments were received on either Amendment 12 or the proposed 
implementing rule. Amendment 12 was approved on April 30, 1997.
    In summary, Amendment 12 makes the following changes to the Salmon 
FMP: Allows adoption of rules to permit retention of, but not sale of, 
salmon bycatch in Pacific Coast groundfish trawl fisheries under a 
monitoring program that meets certain guidelines; specifies ESA 
standards as management objectives for salmon species listed under the 
ESA; and updates the Salmon FMP, without changing the FMP management 
objectives or procedures
    Amendment 12 brings the Salmon FMP into compliance with the March 
1996 Biological Opinion issued under section 7 of the ESA, regarding 
the impacts of the Pacific Coast salmon fishery on salmon stocks listed 
under the ESA. The Biological Opinion's first reasonable and prudent 
alternative (RPA) required NMFS to implement by May 1997, an amendment 
that includes ESA management objectives in the FMP.
    Amendment 12 also updates the FMP to provide a comprehensive Salmon 
FMP that incorporates into a single document all of the amendments that 
have been made to the Salmon FMP since 1984. The updated Salmon FMP 
will be the operative salmon FMP, rather than an amendment to any 
existing document. This updated, comprehensive Salmon FMP will be much 
easier for the public to review and understand for any future amendment 
considerations.
    The salmon bycatch retention provisions of Amendment 12 will not be 
implemented in this rule. These provisions would authorize regulations 
to permit groundfish trawl vessels to retain, but not sell, their 
bycatch of Pacific salmon under a monitoring program that meets certain 
guidelines. The Council is expected to develop such a program for the 
1998 groundfish fishery.
     There were no comments received during the public comment period 
ending May 19, 1997.

Classification

    The Administrator, Northwest Region, NMFS, determined that 
Amendment 12 to the Salmon FMP is necessary for the conservation and 
management of the recreational and commercial Pacific Coast salmon 
fisheries and that it is consistent with the Magnuson-Stevens Act and 
other applicable laws.

[[Page 35451]]

    This final rule has been determined to be not significant for 
purposes of E. O. 12866.
    The Assistant General Counsel for Legislation and 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. 
No comments were received regarding this certification. As a result, a 
regulatory flexibility analysis was not prepared.
    A formal section 7 consultation under the ESA was initiated for the 
Pacific Coast Salmon FMP. In a biological opinion dated March 8, 1996, 
the Assistant Administrator determined that fishing activities 
conducted under Amendment 12 and its implementing regulations are not 
likely to jeopardize the continued existence of Snake River sockeye, 
Snake River spring/summer chinook, Snake River fall chinook, or 
Sacramento River winter run chinook, or result in the destruction or 
adverse modification of critical habitat.
    On April 30, 1997, NMFS completed a Biological Opinion on the 
effects of the fishery on coho salmon south of Cape Blanco, OR, which 
have recently been listed as threatened (northern California/southern 
Oregon), and endangered (central California) under the ESA. This rule 
to specify ESA standards as salmon management objectives will bring the 
Salmon FMP into compliance with the March 8, 1996, Biological Opinion 
on the impacts of ocean fisheries for Pacific salmon on stocks listed 
under the ESA. It formalizes in the FMP what was already required by 
the ESA.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Marianas Islands, 
Reporting and recordkeeping requirements.

    Dated: June 25, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set forth in the preamble, 50 CFR 660 is amended as 
follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

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

    2. In Sec. 660.410, the section heading and paragraph (a) are 
revised, the table ``Summary of Specific Management Goals for Stocks in 
the Salmon Management Unit'' is removed, and a new paragraph (c) is 
added to read as follows:


Sec. 660.410  Escapement and management goals.

    (a) The escapement and management goals are summarized in Table 6-1 
of the Fishery Management Plan for Commercial and Recreational Salmon 
Fisheries off the Coasts of Washington, Oregon, and California.
* * * * *
    (c) The annual management measures will be consistent with NMFS 
jeopardy standards or NMFS recovery plans for species listed under the 
Endangered Species Act.
[FR Doc. 97-17154 Filed 6-30-97; 8:45 am]
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