[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Rules and Regulations]
[Pages 9301-9303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02834]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210205-0015]
RIN 0648-BJ05


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
Rebuilding Coho 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 this 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 three overfished salmon 
stocks: Juan de Fuca, Queets, and Snohomish natural coho salmon. NMFS 
determined in 2018 that these stocks were overfished under the MSA, due 
to spawning escapement falling below the required level for the 3-year 
period 2014-2016. The MSA requires overfished stocks to be rebuilt, 
generally within 10 years.

DATES: This final rule is effective March 15, 2021.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.

SUPPLEMENTARY INFORMATION: 

Background

    On June 18, 2018, NMFS notified the Council that three stocks of 
coho salmon managed under the Council's Pacific Coast Salmon Fishery 
Management Plan (FMP) met the overfished criteria of the FMP and the 
MSA, and the overfished determinations were announced in the Federal 
Register on August 6, 2018 (83 FR 38292). Overfished is defined in the 
FMP to be when the 3-year geometric mean of a salmon stock's annual 
spawning escapement falls below the reference point known as the 
minimum stock size threshold (MSST). The 3-year geometric mean of 
spawning escapement fell below MSST for all three coho salmon stocks 
for the period 2014-2016. In response to the overfished determination, 
the Council developed rebuilding plans for these stocks, and the 
rebuilding plans were transmitted to NMFS on October 17, 2019, for 
approval and implementation. NMFS published a proposed rule (85 FR 
61912, October 1, 2020) describing the rebuilding plans and soliciting 
comments from the public on the proposed rule and on the draft 
environmental assessments (EAs) that were prepared under the National 
Environmental Policy Act (NEPA).
    In this final rule, NMFS approves and implements the rebuilding 
plans for the three overfished coho salmon stocks. For Juan de Fuca and 
Queets natural coho, this rule adopts the existing harvest control 
rules, which use an annual abundance-based stepped harvest rate control 
rule with stock-specific abundance levels governing the total 
exploitation rates applied to forecast stock abundance levels. For 
Snohomish natural coho, this final rule amends the existing harvest 
control rule by adding a 10-percent buffer to the existing escapement 
goal and adjusting the abundance steps during the

[[Page 9302]]

rebuilding period. Additional information on these plans is available 
in the preamble of the proposed rule and is not repeated here.

Response to Comments

    On October 1, 2020, NMFS published a proposed rule and requested 
public comment on the proposed rule (85 FR 61912). The comment period 
ended on November 2, 2020. Concurrent with the comment period on the 
proposed rule, NMFS made the related draft EAs available online for 
public comment. Eight individuals submitted comments on the proposed 
rule; no comments were submitted on the draft EAs. Most comments were 
supportive of regulating fishing, but did not express specific support 
for, or opposition to, the proposed rebuilding plans. Specific comments 
and responses are discussed below.
    Comment 1: Two commenters expressed concern about ensuring 
compliance with fishery regulations.
    Response: NMFS agrees that compliance with fishery regulations is 
important. NMFS' Office of Law Enforcement participates on the 
Council's Enforcement Consultants advisory body, along with 
representatives from state police agencies, state fish and wildlife 
agencies, and the Coast Guard. The Enforcement Consultants provide 
advice to the Council about whether proposed management actions are 
enforceable and how they affect safety at sea. These agencies also work 
to enforce fishery regulations at sea and at various fishing ports on 
the West Coast. The input of these agencies was considered in the 
development of the Council's proposal, as included in the proposed 
rule.
    Comment 2: One comment was specifically supportive of the proposed 
rebuilding plans as described in the proposed rule and felt they would 
benefit both fish and fishermen.
    Response: NMFS agrees that the Council's recommended rebuilding 
plans are the most appropriate response to rebuild the overfished coho 
salmon stocks at this time, as they rebuild the overfished stocks in 
the shortest time possible while taking into account the needs of the 
fishing communities, as required by the MSA.
    Comment 3: One comment opposed the proposed rebuilding plans as not 
being sufficiently restrictive of fishery impacts and suggested 
applying a 30-percent buffer on exploitation rates.
    Response: NMFS disagrees with the suggestion that there is a need 
for more restrictive exploitation rates at this time. For all three 
coho salmon stocks, the Council's Salmon Technical Team's (STT's) 
analysis, as detailed in the EAs, determined that freshwater and marine 
habitat conditions were the primary cause of these stocks meeting the 
FMP's criteria for being overfished rather than fishing. In addition, 
exploitation rates on these coho salmon stocks in Council-managed 
fisheries are a small fraction of the total exploitation rates in all 
fisheries, which include Alaskan and Canadian fisheries, and non-
Council pre-terminal and terminal fisheries. The STT's analysis 
included exploitation rates for the overfished coho stocks in all 
fisheries for the period 2004-2017. For Juan de Fuca coho, the overall 
annual exploitation rate averaged 10.5 percent and the Council-area 
annual exploitation rate averaged 2.3 percent. For Queets coho, the 
overall annual exploitation rate averaged 38.5 percent and the Council-
area annual exploitation rate averaged 7.2 percent. For Snohomish coho, 
the overall annual exploitation rate averaged 22.8 percent and the 
Council-area annual exploitation rate averaged 1.9 percent. Adding an 
additional 30 percent buffer to the already constrained exploitation 
rates in Council-area fisheries would have a severe impact on the 
fishing community, especially in the area from the U.S./Canada border 
to Cape Falcon, OR, and would not result in rebuilding these stocks 
substantially sooner than under the Council's rebuilding plans.
    Comment 4: One comment opposed the rebuilding plans on the basis 
that they did not sufficiently address the impact of freshwater habitat 
and water quality on marine survival of salmon.
    Response: NMFS understands and agrees with the concern about 
freshwater habitat for coho salmon. The STT's analysis found that both 
freshwater and marine productivity were the primary causes of these 
coho stocks meeting the overfished criteria, rather than fishery 
impacts. These rebuilding plans have been developed pursuant to the 
MSA, which regulates fishing in the exclusive economic zone (EEZ). 
NMFS's authority in adopting these rebuilding plans is therefore 
limited to that scope. The Council may direct its Habitat Committee to 
work with state, federal, and tribal fishery managers to review 
freshwater habitat conditions and develop recommendations for habitat 
recommendations and restoration as an action separate and apart from 
these rebuilding plans.

Changes From Proposed Rule

    There are no changes made to the regulatory text of the proposed 
rule.

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 final rule has been determined to be not significant for 
purposes of 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; the tribal representative 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: February 8, 2021.
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. In Sec.  660.413, add paragraphs (c) through (e) to read as follows:


Sec.  660.413  Overfished species rebuilding plans.

* * * * *
    (c) Juan de Fuca coho. The Juan de Fuca coho salmon stock was 
declared overfished in 2018. The target year for rebuilding Juan de 
Fuca coho is 2023. The harvest control rule during the rebuilding 
period for Juan de Fuca coho is the abundance-based stepped harvest 
rate as shown in table 1 to this paragraph (c).

[[Page 9303]]



                        Table 1 to Paragraph (c)
------------------------------------------------------------------------
                 Juan de Fuca coho stepped harvest rates
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                                                       Total allowable
      Abundance category            Age-3 ocean       exploitation rate
                                     abundance            (percent)
------------------------------------------------------------------------
Normal.......................  Greater than 27,445.                   60
Low..........................  Between 11,679 and                     40
                                27,445.
Critical.....................  11,679 or less......                   20
------------------------------------------------------------------------

    (d) Queets coho. The Queets coho salmon stock was declared 
overfished in 2018. The target year for rebuilding Queets coho is 2019. 
The harvest control rule during the rebuilding period for Queets coho 
is the abundance-based stepped harvest rate as shown in table 2 to this 
paragraph (d).

                        Table 2 to Paragraph (d)
------------------------------------------------------------------------
                    Queets coho stepped harvest rates
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                                                       Total allowable
      Abundance category          Age-3 abundance     exploitation rate
                                                          (percent)
------------------------------------------------------------------------
Normal.......................  Greater than 9,667..                   65
Low..........................  Between 7,250 and                      40
                                9,667.
Critical.....................  Less than 7,250.....                   20
------------------------------------------------------------------------

    (e) Snohomish coho. (1) The Snohomish coho salmon stock was 
declared overfished in 2018. The target year for rebuilding Snohomish 
coho is 2020. The harvest control rule during the rebuilding period for 
Snohomish coho is the abundance-based stepped harvest rate as shown in 
table 3 to this paragraph (e).

                       Table 3 to Paragraph (e)(1)
------------------------------------------------------------------------
                  Snohomish coho stepped harvest rates
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                                                       Total allowable
      Abundance category          Age-3 abundance     exploitation rate
                                                          (percent)
------------------------------------------------------------------------
Normal.......................  Greater than 137,000                   60
Low..........................  Between 51,667 and                     40
                                137,000.
Critical.....................  Less than 51,667....                   20
------------------------------------------------------------------------

    (2) In years when Snohomish coho abundance is forecast to exceed 
137,000, the total allowable exploitation rate will be limited to 
target achieving a spawning escapement of 55,000 Snohomish coho.

[FR Doc. 2021-02834 Filed 2-11-21; 8:45 am]
BILLING CODE 3510-22-P