[Federal Register Volume 64, Number 42 (Thursday, March 4, 1999)]
[Proposed Rules]
[Pages 10439-10440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5361]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 990219053-9053-01; I.D. 011999B]
RIN 0648-AK83


Fisheries off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Amendment 13

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

ACTION: Proposed rule; request for comments.

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SUMMARY: The Secretary of Commerce (Secretary) requests public comments 
on a proposed rule to implement Amendment 13 to the West Coast Salmon 
Plan (FMP) in accordance with the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). Amendment 13 would change 
the management of Oregon coastal natural (OCN) coho salmon (coho), 
Oncorhynchus kisutch, by disaggregating the OCN stock into four 
components, restricting total harvest exploitation rates to a maximum 
of 35 percent, and linking increases in harvest rates to increases in 
marine survival and proven reproductive success of the present brood 
year. The only regulatory change that would be required is a technical 
change to a provision regarding coho allocation south of Cape Falcon to 
make it consistent with the new OCN harvest levels. The intended effect 
of this proposed rule is to make the requisit technical change.

DATES: Written comments on the amendment must be received by March 29, 
1999. Written comments on the proposed rule must be received by April 
5, 1999.

ADDRESSES: Comments should be sent to William W. Stelle, Jr., 
Administrator, Northwest Region, National Marine Fisheries Service, 
7600 Sand Point Way NE., BIN C15700-Bldg. 1, Seattle, WA 98115-0070, or 
William T. Hogarth, Administrator, 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, the Amendment 13 Issues Attachment, and the 
Oregon Department of Fish and Wildlife (ODFW)/NMFS risk assessment for 
the Oregon Coastal Salmon Restoration Initiative (OCSRI) 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, 
Svein Fougner at 562-980-4040, or Lawrence D. Six at 503-326-6352.

SUPPLEMENTARY INFORMATION:

Background

    The Pacific Fishery Management Council (Council) developed the FMP, 
and the Secretary approved it under the Magnuson-Stevens Act, 16 U.S.C. 
1801 et seq., in 1978. Since then, the FMP has been amended 12 times, 
with implementing regulations codified at 50 CFR part 660, subpart H. 
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.
    The Council prepared Amendment 13 to the FMP under the provisions 
of the Magnuson-Stevens Act and submitted it on January 15, 1999, for 
Secretarial review. NMFS published a notice of availability for 
Amendment 13 in the Federal Register on January 27, 1999, announcing a 
public 60-day comment period.
    This proposed amendment resulted from an intensive effort by the 
State of Oregon, led by the Governor, to develop the OCSRI. The OCSRI 
was intended to restore coastal coho populations and to prevent the 
need for listing the stock under the Endangered Species Act (ESA). 
While the OCN coho have since been listed as threatened, NMFS considers 
the OCSRI important for the recovery of the stock. The ODFW proposed 
Amendment 13 to the Council to implement the fisheries management 
provisions of the OCSRI throughout both state and Federal waters 
wherever OCN coho are harvested. The amendment would manage OCN coho on 
the basis of exploitation rates, not spawner escapement objectives. The 
determination of appropriate exploitation rates is based on the habitat 
production potential, incorporating the effects on the stocks of the 
condition of both freshwater and marine environments. This 
determination relies heavily on habitat-based assessment and modeling 
of OCN coho production. One of the amendment's primary goals is to 
remove fishery-related impacts as a significant impediment to the 
recovery of depressed OCN coho and to allow rebuilding the component 
population subgroups to higher levels.
    Although Amendment 13 would change the management goals for OCN 
coho, the major provisions of this amendment would not be codified 
because the salmon escapement goals are in the FMP rather than in the 
codified regulations. Therefore, the modification of the OCN escapement 
goals requires only a minor modification of the regulations that 
explain that the coho allocation provisions for south of Cape Falcon 
apply only when coho abundance allows a directed harvest of coho. The 
existing regulatory language is tied to the existing level of harvest 
allowed on OCN coho. The proposed rule would change the language to be 
more generic and accurate.
    Implementation of Amendment 13 would require minor changes to the 
regulatory language in 50 CFR part 660.

Classification

    Section 304(a)(1)(D) of the Magnuson-Stevens 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 yet determined that the amendment these 
rules would implement is consistent with the national standards, other 
provisions of the Magnuson-Stevens 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.
    The Assistant General for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as follows:

    This proposed rule would make minor modifications to regulatory 
language to clarify that the existing regulatory allocations apply 
only when there are sufficient coho for directed harvest. This 
modification will not result in any changes to the current 
management of the fisheries and thus will have no economic impacts 
on any small entities.

    The Council prepared a regulatory impact review (RIR) and an 
initial regulatory flexibility analysis (IRFA) on

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the portions of the plan amendment that are not codified in this rule. 
The RIR and IRFA are incorporated in the Amendment 13 document and may 
be obtained from the Council (see ADDRESSES).
    The Council prepared an environmental assessment for this amendment 
that concludes there will be no significant impact on the environment 
as a result of the amendment or this rule. The environmental assessment 
has been incorporated in the Amendment 13 document and may be obtained 
from the Council (see ADDRESSES).
    NMFS prepared an Issues Attachment, which summarizes and responds 
to comments from the Council's technical teams and Council members 
regarding the plan amendment (see ADDRESSES).

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: March 1, 1999.
    For the reasons set forth in the preamble, 50 CFR part 660 is 
proposed to be 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. 660.408, paragraph (c)(2)(iv) is revised to read as 
follows:


Sec. 660.408  Annual actions.

* * * * *
    (c) * * *
    (2) * * *
    (iv) Oregon coastal natural coho. The allocation provisions in 
(c)(2) of this section provide guidance only when coho abundance 
permits a directed coho harvest, not when the allowable harvest impacts 
are insufficient to allow coho retention south of Cape Falcon. At such 
low levels, allowable harvest impacts will be allocated during the 
Council's preseason process.
* * * * *
[FR Doc. 99-5361 Filed 3-3-99; 8:45 am]
BILLING CODE 3510-22-F