[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19564-19566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08394]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150227200-5347-02]
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: Final rule.

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SUMMARY: NMFS issues a final rule to update 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.

DATES: This final rule is effective April 13, 2015.

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). Over the course of 
two Council meetings (November 2014 and March 2015), the Council 
adopted management reference point values for three stocks of Pacific 
salmon: Southern Oregon coastal Chinook salmon, Grays Harbor fall 
Chinook salmon, and Willapa Bay natural coho. The management reference 
points, as described in the proposed rule (80 FR 14066, March 18, 
2015), include: Conservation objective (a value unique to the FMP, 
generally an annual spawning escapement goal), the fishing mortality 
rate expected to result in maximum sustainable yield (FMSY), 
MSY spawner abundance (SMSY), minimum stock size threshold 
(MSST), and maximum fishery mortality threshold (MFMT, generally equal 
to FMSY). For one stock that was added to the FMP under 
Amendment 16, Willapa Bay natural coho, the Council also confirmed the 
formula for determining the annual catch limit (ACL), as required under 
the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The 
proposed rule was developed based on Council recommendations from the 
November 2014 Council meeting. At that time, the Council had not 
explicitly adopted all of the management reference point values; 
therefore, NMFS proposed adopting some of the values pursuant to NMFS' 
independent rulemaking authority (18 U.S.C. 1855(d)), and those values 
were described in the proposed rule. The Council took action at the 
March 2015 meeting to adopt the remaining management reference point 
values. The reference point values being implemented by this final rule 
are based on the best available science developed through the Council's 
2014 methodology review. They were recommended to the Council by the 
Salmon Technical Team, and were reviewed and endorsed, to the extent 
appropriate, by the Scientific and Statistical Committee. The reference 
point values being implemented are presented in Table 1.

     Table 1--Updated Management Reference Points Adopted by the Council and Implemented in This Final Rule
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                                       Southern Oregon coastal    Willapa Bay natural       Grays Harbor fall
           Reference point                     Chinook                    coho                   Chinook
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FMP Conservation Objective             41,000 (measured at      17,200.................  13,326.
 (escapement).                          Huntley Park).
SMSY (escapement)....................  34,992.................  17,200.................  13,326.
MSST (escapement)....................  20,500 (measured at      8,600..................  6,663.
                                        Huntley Park).
MFMT.................................  54 percent.............  74 percent.............  63 percent.
ACL Definition.......................  Not applicable.........  Based on FABC and        Not applicable.
                                                                 annual ocean
                                                                 abundance, FABC is
                                                                 FMSY reduced by Tier 1
                                                                 (5%) uncertainty.
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[[Page 19565]]

Response to Comments

    NMFS accepted comments on the proposed rule to update management 
reference point values through April 2, 2015. NMFS received six public 
comment submissions from individuals, via the www.regulations.gov 
portal. The comments, and NMFS' responses, have been grouped for 
similarity.
    Comment 1: Two individuals expressed support for the proposed rule, 
referring to it as a ``great idea'' and praising the economic benefits 
of a fishery with ``fair measurements.''
    Response: NMFS agrees that a sustainably managed fishery is 
beneficial.
    Comment 2: Three individuals supported fish and the fishing 
industry, but did not provide specific comments on the proposed rule.
    Response: NMFS agrees that fisheries should be managed to be 
beneficial to both the fish and the public. Under the MSA, NMFS is 
responsible for sustainable management of the nation's fisheries. This 
rule is consistent with that obligation and addresses requirements of 
the FMP and MSA National Standard 1.
    Comment 3: One individual asked ``where are the proposed 
fisheries?''
    Response: This rule does not propose fisheries. Salmon management 
measures for ocean salmon fisheries off the coasts of Washington, 
Oregon, and California are set annually through the Council process 
(http://www.pcouncil.org/salmon/).

Updated Information From the Proposed Rule

    The Council took final action at their March 2015 meeting to adopt 
the three management reference points described in the proposed rule 
that were previously not explicitly adopted by the Council (Willapa Bay 
natural coho MSST, and Grays Harbor fall Chinook MSST and MFMT). The 
Council transmitted this action to NMFS in a letter dated April 1, 
2015. Therefore, under this final rule, NMFS implements all of the 
management reference point values in the proposed rule as recommended 
by the Council. See Table 1 for the management reference points adopted 
by the Council and implemented in this final rule.

Classification

    Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant 
Administrator has determined that this rule is consistent with the 
Pacific Salmon Fishery Management Plan, the MSA, and other applicable 
law.
    This 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 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 rule will not have a significant economic 
impact on a substantial number of small entities. The factual basis for 
this certification was published with the proposed rule and is not 
repeated here. No comments were received regarding the economic impact 
of this final rule. As a result, a RFA is not required and none has 
been prepared.
    This rule does not establish any new reporting or recordkeeping 
requirements. This 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 except 
Lower Columbia River natural coho; NMFS expects to complete a new 
biological opinion for Lower Columbia River natural coho prior to 
implementing 2015 salmon management measures on May 1, 2015. 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 implemented by this rule, 
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 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.
    The Assistant Administrator for Fisheries finds that good cause 
exists under 5 U.S.C. 553(d)(3), to waive the 30-day delay in 
effectiveness. This rule implements changes in management reference 
points that will be used in setting ocean salmon fisheries, beginning 
in 2015. As previously discussed, the actions in this rule were 
developed through the Council's Methodology review. The actions were 
adopted by the Council over two Council meetings and the final 
recommendation was transmitted to NMFS in April 2015. The Council took 
action on some of the management reference points in November 2014 and 
transmitted their initial recommendations to NMFS on January 23, 2015, 
with further clarification transmitted to NMFS on February 9, 2015. The 
Council finalized adoption of the management reference points and 
transmitted them to NMFS on April 1, 2015. Therefore, this rulemaking 
could not be implemented sooner. Delaying the effectiveness of the 
actions in this rule by 30 days would result in managing the three 
affected stocks in a manner that is not consistent with the best 
available science, and would complicate NMFS' approval and 
implementation of salmon fisheries recommended by the Council, 
beginning May 1, 2015. Delay in implementing this rule would have the 
following effects on the impacted stocks: Southern Oregon coastal 
Chinook and Grays Harbor fall Chinook would be subject to overfishing, 
as the current MFMT would be higher than recommended by the STT and 
adopted by the Council; Willapa Bay natural coho would have no defined 
reference points, no way to evaluate for overfishing, and no defined 
annual catch limit. Therefore, if the effectiveness of this rule is 
delayed, it would undermine the purposes of this

[[Page 19566]]

agency action and the requirements of the Magnuson-Stevens Act.

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

    Dated: April 7, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-08394 Filed 4-10-15; 8:45 am]
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