[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Rules and Regulations]
[Pages 75920-75923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26042]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 201119-0308]
RIN 0648-BI04
Fisheries Off West Coast States; West Coast Salmon Fisheries;
Rebuilding Chinook Salmon Stocks
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 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA) to approve and
implement rebuilding plans recommended by the Pacific Fishery
Management Council (Council) for two overfished salmon stocks: Klamath
River fall-run Chinook salmon (KRFC) and Sacramento River fall-run
Chinook salmon (SRFC). NMFS determined in 2018 that these stocks were
overfished under the MSA, due to spawning escapement falling below the
required level for the three-year period 2015-2017. The MSA requires
overfished stocks to be rebuilt, generally within 10 years.
DATES: This final rule is effective December 28, 2020.
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.
SUPPLEMENTARY INFORMATION:
Background
In June 2018, NMFS determined that two stocks of Chinook salmon
managed under the Council's Pacific Coast Salmon Fishery Management
Plan (FMP) met the overfished criteria of the FMP and the MSA.
Overfished is defined in the FMP to be when the three-year geometric
mean of a salmon stock's annual spawning escapements falls below the
reference point known as the minimum stock size threshold (MSST). The
three-year geometric mean of spawning escapement fell below MSST for
both KRFC and SRFC salmon stocks for the period 2015-2017. In response
to the overfished determination, the Council developed rebuilding plans
for these stocks, which were transmitted to NMFS for approval and
implementation. NMFS published a proposed rule (85 FR 6135, February 4,
2020) describing the rebuilding plans and soliciting comments from the
public on the proposed rule and on the draft environmental assessments
(EA) that were prepared under the National Environmental Policy Act
(NEPA).
Response to Comments
NMFS published a proposed rule on February 4, 2020 (85 6135) and
related draft EAs for public comment. The comment period ended on March
5, 2020. NMFS received four public comment submissions from individuals
on the proposed rule and no comments on the draft EA. The comments and
responses are below.
Comment 1: One person objected to NOAA's management of salmon
stocks
[[Page 75921]]
and said NOAA failed to protect salmon from exploitation in commercial
fisheries.
Response: NOAA's NMFS disagrees that there was a failure to protect
salmon from exploitation in commercial fisheries. NMFS is responsible
for implementing the MSA to manage the nation's fisheries in a
sustainable manner, including rebuilding overfished stocks. NMFS works
with the Council to manage West Coast salmon stocks according to
conservation objectives and status determination criteria specified in
the FMP. It is through these measures that NMFS and the Council
recognized the overfished situation for KRFC and SRFC and are managing
fisheries to rebuild these stocks consistent with the provisions of the
MSA. Annual management measures for ocean salmon fisheries are informed
by annual stock abundance projections using the best available science,
including analyses by the Council's Salmon Technical Team and
Scientific and Statistical Committee. The management measures apportion
the ocean harvest equitably among treaty Indian, non-treaty commercial,
and recreational fisheries. The measures are also intended to allow a
portion of the salmon runs to escape the ocean fisheries in order to
provide for spawning escapement and to provide fishing opportunity in
state waters.
Comment 2: One person wrote to support ``replenishing of the fish
stocks'' and hopes for sustainable populations for the future.
Response: Sustainability is key to NMFS' mission and the
cornerstone of the MSA. These rebuilding plans have been prepared to be
consistent with the provisions of the MSA, and the Council and NMFS
assess salmon stocks annually to assure fisheries are being managed in
a sustainable manner.
Comment 3: One person supported the regulation of fisheries and
acknowledged that environmental factors which contribute to fish
mortality complicate fishery management. This person supports banning
or highly regulating fisheries during rebuilding and additional
research into salmon mortality from environmental causes and possible
solutions.
Response: NMFS does not support banning fisheries in response to
the current overfished status of KRFC and SRFC at this time. The
Council and NMFS considered a no-fishing alternative. The estimated
time to rebuild either of these Chinook salmon stocks under a no-
fishing scenario was only one year shorter than under the Council's
recommended alternative. The MSA requires the Secretary of Commerce to
consider the needs of fishing communities in implementing a rebuilding
plan. A no-fishing scenario, for either KRFC or SRFC, would include a
total closure of ocean salmon fisheries from Cape Falcon, OR to the
U.S./Mexico border, resulting in an estimated loss of $46 million per
year to fishing communities. NMFS can only regulate fisheries in the
exclusive economic zone (3 to 200 nmi--5.6 to 370.4 km--offshore) and
does not have regulatory authority over fisheries shoreward of 3 nmi
and in-river fisheries; therefore, NMFS does not have the authority to
implement a rebuilding plan that would have no fishing-related
mortality on the overfished Chinook salmon stocks since in-river
freshwater fishing-related mortality would likely continue. Therefore,
in consideration of these factors, NMFS is approving the Council's
recommendation as the rebuilding plan that will rebuild the stocks in
the shortest amount of time while taking into consideration the needs
of fishing communities.
Comment 4: One person objected strongly to the use of the term
``overfished.'' This person called on NMFS to identify lack of
coordination among various agencies on water discharge to benefit
salmon as the cause of salmon decline.
Response: NMFS understands the concern regarding the term
overfished. Under the MSA, a stock or stock complex is considered
overfished when its biomass has declined below MSST (50 CFR
600.310(e)(2)(i)(E)), irrespective of the cause of the decline. NMFS
supports coordination among agencies to improve salmon productivity.
The Council and NMFS considered several possible factors in the decline
of the overfished Chinook salmon stocks and, as stated in the proposed
rule (85 FR 6135, February 4, 2020), found that the overfished
condition was due to: (1) Low flows and high water temperatures in the
freshwater environment which resulted in low smolt survival for both
stocks, disease issues in the Klamath River, and pre-spawn mortality of
migrating adults in the Sacramento River; (2) warm, unproductive ocean
conditions that compromised survival in the marine environment for both
stocks; (3) hatchery practices in the Sacramento River that resulted in
straying of migrating salmon which lead to higher than expected in-
river fishing mortality for SRFC; and (4) stock assessment errors that
resulted in over-forecasting of SRFC and underpredictions of both ocean
and in-river fishery mortality rates.
Changes From Proposed Rule
There are no substantive changes made to the regulatory text from
the proposed rule, beyond nonsubstantive editorial changes.
Classification
Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant
Administrator has determined that this final rule is consistent with
the FMP, other provisions of the MSA, and other applicable law.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This final rule was developed after meaningful collaboration with
the tribal representative on the Council who has agreed with the
provisions that apply to tribal vessels.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: November 19, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
0
2. Add Sec. 660.413 to read as follows:
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Sec. 660.413 Overfished species rebuilding plans.
For each overfished salmon stock with an approved rebuilding plan,
annual management measures will be established using the standards in
this section, specifically the target date for rebuilding the stock to
its maximum sustainable yield (MSY) level (generally expressed as
SMSY) and the harvest control rule to be used to rebuild the
stock.
(a) Klamath River Fall-run Chinook Salmon (KRFC). KRFC was declared
overfished in 2018. The target year for rebuilding the KRFC stock is
2020. The harvest control rule during the rebuilding period for the
KRFC stock is the de minimis control rule specified in the FMP and at
Sec. 660.410(c), which allows for limited fishing impacts when
abundance falls below SMSY. The control rule describes
maximum allowable exploitation rates at any given level of abundance.
The control rule is presented in Figure 1 of subpart H of this part.
(1) The KRFC control rule uses reference points FABC
MSST, SMSY, and two levels of de minimis exploitation rates,
F = 0.10 and F = 0.25. The maximum allowable exploitation rate, F, in a
given year, depends on the pre-fishery ocean abundance in spawner
equivalent units, N. At high abundance, the control rule caps the
exploitation rate at FABC; at moderate abundance, the
control rule specifies an F that results in SMSY spawners;
and at low abundance (i.e. when expected escapement is below
SMSY), the control rule allows for de minimis exploitation
rates with the abundance breakpoints defined as: A = MSST/2; B = (MSST
+ SMSY)/2; C = SMSY/(1--0.25); D =
SMSY/(1--FABC), as shown in Figure 1 of subpart H
of this part. For N between 0 and A, F increases linearly from 0 at N =
0, to 0.10 at N = A. For N between A and MSST, F is equal to 0.10. For
N between MSST and B, F increases linearly from 0.10 at N = MSST, to
0.25 at N = B. For N between B and C, F is equal to 0.25. For N between
C and D, F is the value that results in SMSY spawners. For N
greater than D, F is equal to FABC.
(2) [Reserved]
(b) Sacramento River Fall-run Chinook Salmon (SRFC). SRFC was
declared overfished in 2018. The target year for rebuilding the SRFC
stock is 2021. The harvest control rule during the rebuilding period
for the SRFC stock is the de minimis control rule specified in the FMP
and at Sec. 660.410(c), which allows for limited fishing impacts when
abundance falls below SMSY. The control rule describes
maximum allowable exploitation rates at any given level of abundance.
(1) The SRFC control rule uses the reference points
FABC, MSST, SMSY, and two levels of de minimis
exploitation rates, F = 0.10 and F = 0.25. The maximum allowable
exploitation rate, F, in a given year, depends on the pre-fishery ocean
abundance in spawner equivalent units, N. At high abundance, the
control rule caps the exploitation rate at FABC; at moderate
abundance, the control rule specifies an F that results in
SMSY spawners; and at low abundance (i.e. when expected
escapement is below SMSY), the control rule allows for de
minimis exploitation rates with the abundance breakpoints defined as: A
= MSST/2; B = (MSST + SMSY)/2; C = SMSY/(1--
0.25); D = SMSY/(1--FABC), as shown in Figure 1
of subpart H of this part. For N between 0 and A, F increases linearly
from 0 at N = 0, to 0.10 at N = A. For N between A and MSST, F is equal
to 0.10. For N between MSST and B, F increases linearly from 0.10 at N
= MSST, to 0.25 at N = B. For N between B and C, F is equal to 0.25.
For N between C and D, F is the value that results in SMSY
spawners. For N greater than D, F is equal to FABC.
(2) [Reserved]
[GRAPHIC] [TIFF OMITTED] TR27NO20.012
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[FR Doc. 2020-26042 Filed 11-25-20; 8:45 am]
BILLING CODE 3510-22-P