[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Proposed Rules]
[Pages 14066-14069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06144]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150227200-5200-01]
RIN 0648-BE79


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
Management Reference Point Updates for Three Stocks of Pacific Salmon

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes updates to management reference point values for 
Southern Oregon coastal Chinook salmon, Grays Harbor fall Chinook 
salmon, and Willapa Bay natural coho, as recommended by the Pacific 
Fishery Management Council (Council) for use in developing annual 
management measures beginning in 2015. This update is implemented as 
part of the 2014 methodology review where the Council and its advisory 
bodies considered new information on the three stocks of salmon to make 
a determination on whether changes to reference points for these stocks 
were warranted.

DATES: Comments on this proposed rule must be received on or before 
April 2, 2015.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0014, 
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-2015-0014, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: William W. Stelle, Jr., 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

    The Council manages West Coast ocean salmon fisheries under the 
Pacific Coast Salmon Fishery Management Plan (FMP). The FMP has long 
used stock-specific conservation objectives to manage fishery impacts 
to Council-managed salmon stocks. Conservation objectives are, 
generally, fixed quantities intended to provide the necessary guidance 
during the course of the annual preseason planning process to establish 
salmon fishing seasons that achieve optimum yield. Under the FMP, 
conservation objectives can be added or

[[Page 14067]]

changed either through a plan amendment or notice and comment 
rulemaking if a comprehensive technical review of the best scientific 
information available provides evidence that, in the view of the Salmon 
Technical Team (STT), Scientific and Statistical Committee (SSC), and 
the Council, justifies a modification (FMP section 3.2.2).
    In 2009, NMFS amended the guidelines for National Standard 1 (NS1) 
of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) 
at 50 CFR 600.310 to provide guidance on how to comply with new annual 
catch limit (ACL) and accountability measure requirements for ending 
overfishing of fisheries managed by Federal fishery management plans, 
including status determination criteria (SDC) (74 FR 3204). Amendment 
16 to the FMP (76 FR 81851) defined a suite of reference points for 
salmon, consistent with the revised NS1 guidelines. In the FMP, SDC are 
defined in terms of quantifiable, biologically-based reference points, 
or population parameters, including: maximum sustainable yield (MSY), 
MSY fishing mortality rate (FMSY), MSY spawner abundance 
(SMSY), minimum stock size threshold (MSST), and maximum 
fishery mortality threshold (MFMT, generally equal to FMSY). 
Under the FMP, changes to SDC can be made without a plan amendment if a 
comprehensive technical review of the best scientific information 
available provides evidence that, in the view of the STT, SSC, and the 
Council, a modification of the values of the SDC is justified (FMP 
section 3.1.7).
    As part of the 2014 methodology review, the Council and its 
advisory bodies considered new information on three stocks of salmon 
(Southern Oregon coastal Chinook salmon, Grays Harbor fall Chinook 
salmon, and Willapa Bay natural coho) to make a determination on 
whether changes to reference points for these stocks were warranted. A 
joint methodology review was conducted by the STT, SSC, and the Model 
Evaluation Workgroup at the Council offices in Portland, OR, October 
21-23, 2014. The results of the methodology review were presented at 
the Council meeting in Costa Mesa, CA, November 12-19, 2014. Both the 
methodology review and the Council meeting were open to the public and 
were announced in the Federal Register (79 FR 59741, October 3, 2014 
and 79 FR 63900, October 27, 2014). Documents considered by the Council 
are available on the Council Web site (http://www.pcouncil.org/resources/archives/briefing-books/november-2014-briefing-book/#salmonNov2014). The Council transmitted their recommended changes to 
NMFS in a letter dated January 23, 2015. This proposed rule describes 
the reference point updates that are being proposed for implementation 
in the FMP in developing annual management measures beginning in 2015.

Southern Oregon Coastal Chinook Salmon

    The Southern Oregon coastal Chinook salmon stock, a component of 
the Southern Oregon Northern California Chinook stock complex, is an 
aggregate of natural and hatchery fall and spring Chinook salmon 
populations in Oregon streams south of the Elk River (e.g., Rogue 
River, Pistol River, and Chetco River), plus spring Chinook salmon from 
the Umpqua River. Rogue River fall Chinook are used to indicate 
relative abundance of Southern Oregon coastal Chinook salmon. The 
current conservation objective for this stock is 60-90 fish per mile in 
three standard index areas. At the 2014 methodology review, the Oregon 
Department of Fish and Wildlife (ODFW) provided an analysis that was 
used by the State of Oregon in 2013 to adopt new State management 
objectives for Rogue River fall Chinook. The analysis used a Ricker 
spawner-recruit relationship for Rogue River fall Chinook that included 
smolt survival and mean summer flow covariates. ODFW proposed that the 
Council adopt their conservation objective and reference points for 
Southern Oregon coastal Chinook salmon in the FMP, while keeping this 
stock as a component of the Southern Oregon Northern California stock 
complex (where Klamath River fall Chinook is the indicator stock). 
ODFW's spawner-recruit analysis resulted in an SMSY point 
estimate of 34,992 and FMSY of 54 percent. ODFW used the 
75th percentile of the SMSY posterior distribution (36,880 
natural-area spawners) as an estimate of SMSY to determine 
an MSST of 18,440 natural-origin spawners (MSST = 0.5 * 36,880). ODFW 
also proposed a stock conservation objective of 41,000 naturally-
produced adults passing Huntley Park in the Rogue River, near Gold 
Beach, OR.
    The STT and SSC evaluated ODFW's analysis and recommended that the 
Council adopt ODFW's proposed values as described above. The SSC 
recommended ODFW's proposed values for SMSY and 
FMSY but noted that the choice of MSST, above 50 percent of 
SMSY, was a policy decision. Based on information from the 
2014 methodology review and the advisory body recommendations, the 
Council adopted the following reference point value updates for 
southern Oregon coastal Chinook salmon and NMFS proposes to implement 
them:

 Conservation objective: 41,000 naturally-produced adults 
passing Huntley Park
 SMSY 34,992 natural-area spawners
 MFMT (FMSY): 54 percent
 MSST: 18,440 (20,500 measured at Huntley Park) natural-origin 
spawners

Grays Harbor Fall Chinook Salmon

    During the 2014 methodology review, Washington Department of Fish 
and Wildlife (WDFW) staff presented a spawner-recruit analysis for 
Grays Harbor fall Chinook salmon. The analysis produced an estimated 
SMSY of 13,326 for the Chehalis and Humptulips Rivers 
combined (9,753 and 3,573, respectively). This estimate is slightly 
lower than the current management objective of 14,600 natural-area 
spawners, which was adopted in 1979 based on available spawning 
habitat. The new SMSY estimate of 13,326 is currently being 
used by the Pacific Salmon Commission; adoption by the Council provides 
consistency between the FMP and the Pacific Salmon Treaty. The STT and 
SSC agreed that WDFW's estimate of SMSY represents the best 
available science, and recommended that the Council adopt this estimate 
of SMSY, and associated reference points developed by the 
STT, for the salmon FMP.
    Based on information from the 2014 methodology review and the 
advisory body recommendations, the Council adopted the recommended 
stock productivity methodology and the resulting SMSY value. 
However, the Council's action was not explicit with respect to the 
values for the associated reference points, specifically MSST and MFMT. 
The Council and NMFS use MSST to determine if a stock is overfished, 
and MFMT to determine if overfishing is occurring. Because it is 
necessary to make determinations as to whether the Grays Harbor fall 
Chinook salmon stock is overfished or experiencing overfishing in 
preparation for the development of the 2015 management measures, NMFS 
is proposing to implement values for MSST and MFMT based on the 
recommendations of the STT, pursuant to NMFS' independent rulemaking 
authority (18 U.S.C. 1855(d)). Should the Council choose to adopt a 
different value for MSST or MFMT, NMFS will determine the appropriate 
process for considering those values. The FMP states that MSST is 
generally defined as 0.5 * SMSY or 0.75 * SMSY, 
although there are some exceptions. Currently,

[[Page 14068]]

MSST for Grays Harbor fall Chinook is MSST = 0.5 * SMSY. 
Applying the same approach to the proposed SMSY value of 
13,326 results in an MSST of 6,663 natural-area spawners. Applying the 
spawner-recruit parameter estimates from WDFW's analysis, as 
recommended by the STT as the best available science, yields an MFMT of 
63 percent. Therefore, based on the recommendation of the Council and 
the advisory bodies, NMFS proposes the following reference point value 
updates for Grays Harbor fall Chinook salmon:

 Conservation objective: 13,326 spawners (equal to 
SMSY, per FMP section 3.2.1)
 SMSY: 13,326 spawners (9,753 in the Chehalis River 
and 3,573 in the Humptulips River)
 MFMT (FMSY): 63 percent (application of WDFW's 
spawner-recruit analysis as recommended by the STT)
 MSST: 6,663 natural-area spawners (MSST = 0.5 * 
SMSY) (application of current policy to updated 
SMSY).

Willapa Bay Natural Coho

    The Willapa Bay natural coho salmon stock was added to the FMP 
under Amendment 16, but without a conservation objective and other 
reference point values. WDFW's habitat-based escapement goal (i.e., 
adult salmon escaping the fishery to return to freshwater habitat for 
spawning) for this stock is 13,090 natural-origin fish. The STT 
performed a spawner-recruit analysis, which produced an estimated 
SMSY of 17,200 natural-area spawners, and an FMSY 
of 74 percent. The STT recommended that the Council adopt reference 
points for this stock based on this analysis. The STT's recommendation 
also included an MFMT of 74 percent, a MSST of 8,600 natural-area 
spawners (MSST = 0.5 * SMSY), and annual catch limit 
calculated on the basis of FACL = 0.95 * FMSY = 
71 percent. The SSC supported these recommendations.
    Based on information from the 2014 methodology review and the 
advisory body recommendations, the Council adopted the recommended 
stock productivity methodology and the resulting SMSY and 
MFMT values. However, the Council's action was not explicit with 
respect to the value for MSST. The Council and NMFS use MSST to 
determine if a stock is overfished. Because it is necessary to 
determine whether the Willapa Bay natural coho stock is overfished, in 
preparation for the development of the 2015 management measures, NMFS 
is proposing to implement a value for MSST based on the recommendations 
of the STT, pursuant to NMFS' independent rulemaking authority (18 
U.S.C. 1855(d)). Should the Council choose to adopt a different value 
for MSST, it should confer with NMFS regarding the appropriate process 
for addressing this value. As noted above, the FMP states that MSST is 
generally defined as 0.5 * SMSY or 0.75 * SMSY. 
The Council has generally applied a policy of MSST = 0.5* 
SMSY. Applying this approach to the proposed SMSY 
value of 17,200 results in an MSST of 8,600 natural-area spawners. 
Therefore, based on the recommendation of the Council and the advisory 
bodies, NMFS proposes the following reference point values for Willapa 
Bay natural coho:

 Conservation objective: 17,200 natural-area spawners (equal to 
SMSY, per FMP section 3.2.1)
 SMSY: 17,200 natural-area spawners
 MFMT (FMSY): 74 percent
 MSST: 8,600 natural-area spawners (MSST = 0.5 * 
SMSY)

    In addition, because Willapa Bay natural coho is not managed under 
an international agreement, listed under the ESA, or designated as a 
hatchery stock, the FMP requires that it be managed with an ACL (FMP 
sections 3.3.3 and 3.3.4). Because it is not part of a stock complex, 
it will be managed using an individual stock ACL. The Council and NMFS 
will determine the ACL annually, based on annual abundance projections 
and the appropriate formula set forth in the FMP (FMP section 3.3.4). 
Because the Council has recommended, and NMFS proposes to adopt, a 
directly estimated value for FMSY, Willapa Bay natural coho 
is a Tier 1 stock for purposes of determining the acceptable biological 
catch (ABC) and the ACL. According to the FMP, for a Tier 1 stock, 
FABC = FMSY * 0.95, FABC = 
FACL, and FACL is applied to the projected annual 
abundance to determine the ACL escapement level for the year (FMP 
sections 3.3.3 and 3.3.4).
    As noted earlier, the Council is expected to address the reference 
points for Willapa Bay natural coho salmon that were not explicit in 
its prior action at its March meeting. It is possible that it could 
recommend values for MSST that are different from those proposed above. 
Were this to occur, the recommended values would likely be 0.75 * 
SMSY or between that value and 0.5 * SMSY, based 
on the definition of MSST set forth in the FMP.

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. 
As described above, NMFS is proposing portions of this rule according 
to section 305(d) of the MSA.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The West Coast Regional Administrator has determined that the 
actions of this proposed rule qualify for categorical exclusion from 
further NEPA analysis under NAO 216-6.
    The Chief Counsel for 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.
    The purpose of the Regulatory Flexibility Act (RFA) is to relieve 
small businesses, small organizations, and small governmental entities 
of burdensome regulations and record-keeping requirements. Major goals 
of the RFA are: (1) To increase agency awareness and understanding of 
the impact of their regulations on small business, (2) to require 
agencies communicate and explain their findings to the public, and (3) 
to encourage agencies to use flexibility and to provide regulatory 
relief to small entities. The RFA emphasizes predicting impacts on 
small entities as a group distinct from other entities and the 
consideration of alternatives that may minimize the impacts while still 
achieving the stated objective of the action. An initial regulatory 
flexibility analysis (IRFA) is conducted unless it is determined that 
an action will not have a ``significant economic impact on a 
substantial number of small entities.''
    The objective of this proposed rule is to update management 
reference points for three stocks of salmon under the FMP. This 
proposed rule would impact vessels harvesting salmon from the ocean 
troll fishery. The following fishery information is found in the 
Council's Review of 2013 Ocean Salmon Fisheries Stock Assessment and 
Fisheries Evaluation Document. In 2013, there were 2,270 permits issued 
for this fishery, with a total ex-vessel value of $34.1 million. Of the 
2,270 permits, only 1,177 actually landed salmon all within the states 
of California, Oregon and Washington. In California, 670 vessels landed 
salmon for an ex-vessel value of $23.6 million; in Oregon, 399 vessels 
landed salmon for an ex-vessel value of $7.6 million; and in 
Washington, 108 vessels landed salmon for an ex-vessel value of $2.8 
million. Treaty Indian ocean fisheries landed

[[Page 14069]]

salmon with an ex-vessel value of $6.4 million.
    On June 12, 2014, the Small Business Administration (SBA) issued an 
interim final rule revising the small business size standards for 
several industries effective July 14, 2014 (79 FR 33467 (June 12, 
2014)). The rule increased the size standard from $19.0 to $20.5 
million for finfish fishing, from $5 to $5.5 million for shellfish 
fishing, and from $7.0 million to $7.5 million for other marine 
fishing, for-hire businesses, and marinas. Based on this size standard, 
all 1,177 vessels that landed salmon from the ocean troll fishery are 
considered small under the Small Business Administration approved 
definition of a small fish harvester. Therefore, there are no 
disproportionate impacts between small and large vessels. Furthermore, 
there are no disproportionate impacts based on homeport, gear type, or 
vessel size from the promulgation of this proposed rule.
    This proposed rule would not result in any immediate impacts on 
revenues or costs for the small entities participating in the Pacific 
salmon fishery; the updated management reference point values will be 
considered within the overall suite of criteria that are used to frame 
the annual management measures. The management reference points are 
used to set Council management goals, identify when overfishing is 
occurring, and identify when a stock is overfished. These values all 
have the potential to impact how annual salmon management measures are 
structured, specifically what constraints are needed to manage impacts. 
However, the salmon fishery impacts a large number of stocks, and the 
fishery as a whole must be managed to meet management goals for every 
stock. Depending on abundance projections for a given year, meeting 
management goals for a few particularly limiting stocks typically 
results in fisheries that are not limited by management goals for the 
remaining stocks. Therefore, the proposed changes would only impact 
fishery revenues in years when any of the three affected salmon stocks 
are constraining to fisheries, which is unlikely based on historical 
data.
    As a result, an IRFA is not required and none has been prepared. 
NMFS will conduct the appropriate analyses for any subsequent 
rulemakings stemming from this proposed rule.
    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 not expected to have adverse effects on any species 
listed under the Endangered Species Act (ESA) or designated critical 
habitat. This action modifies reference points 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 their consultation standards 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. The Council's recommended management measures, which will be 
consistent with the reference points proposed here, therefore comply 
with NMFS' consultation standards and guidance for all listed salmon 
species which may be affected by Council fisheries. In some cases, the 
recommended measures are more restrictive than NMFS' ESA requirements.
    In 2009, NMFS consulted on the effects of fishing under the Salmon 
FMP on the endangered Southern Resident Killer Whale Distinct 
Population Segment (SRKW) and concluded the salmon fisheries were not 
likely to jeopardize SRKW. Annual salmon management measures are 
designed to be consistent with the terms of that biological opinion.
    This proposed rule was developed after meaningful collaboration 
with the affected 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.

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

    Dated: March 12, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-06144 Filed 3-17-15; 8:45 am]
 BILLING CODE 3510-22-P