[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Proposed Rules]
[Pages 29544-29545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11540]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[RTID 0648-XA696]


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
Amendment 21 to the Pacific Coast Salmon Fishery Management Plan

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

ACTION: Announcement of availability of fishery management plan 
amendment; request for comments.

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SUMMARY: The Pacific Fishery Management Council (Council) has submitted 
Amendment 21 to the Pacific Coast Salmon Fishery Management Plan (FMP) 
to the Secretary of Commerce for review. If approved, Amendment 21 
would set an annual Chinook salmon abundance threshold below which the 
Council and NMFS would implement specific management measures, through 
the annual ocean salmon management measures, to limit ocean salmon 
fishery impacts on the availability of Chinook salmon as prey for 
endangered Southern Resident killer whales (SRKW).

DATES: Comments on Amendment 21 must be received by August 2, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0006, by the following method:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2021-0006 in the Search box. Click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Instructions: Comments must be submitted by the above method 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

[[Page 29545]]

posted for public viewing on 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).
    The draft FMP, as amended through Amendment 21, with notations 
showing how Amendment 21 would change the FMP, if approved, is 
available on the NMFS website at https://www.fisheries.noaa.gov/action/amendment-21-pacific-coast-salmon-fishery-management-plan.
    The Council and NMFS prepared a draft Environmental Assessment. An 
electronic copy of this document may be obtained from the West Coast 
Regional Office website at https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents.

FOR FURTHER INFORMATION CONTACT: Jeromy Jording at 360-763-2268.

SUPPLEMENTARY INFORMATION:

Background

    The ocean salmon fisheries in the exclusive economic zone (EEZ) (3-
200 nautical miles) (5.6-370.4 kilometers) off Washington, Oregon, and 
California are managed under the Pacific Coast Salmon Fishery 
Management Plan (FMP). The Magnuson-Stevens Fishery Conservation and 
Management Act (MSA) requires that each regional fishery management 
council submit any FMP or plan amendment it prepares to NMFS for review 
and approval, disapproval, or partial approval by the Secretary of 
Commerce (Secretary). The MSA also requires that NMFS, upon receiving 
an FMP or amendment, immediately publish a notice that the FMP or 
amendment is available for public review and comment. This document 
announces that proposed Amendment 21 to the FMP is available for public 
review and comment. NMFS will consider the public comments received 
during the comment period described above in determining whether to 
approve, partially approve, or disapprove Amendment 21 to the FMP.
    Amendment 21 was developed by the Council to address impacts of the 
fisheries managed under the FMP on Chinook salmon as prey for the SRKW 
distinct population segment of Orcinus orca, which is listed as 
endangered under the Endangered Species Act (ESA). The development of 
Amendment 21 was informed by the risk assessment prepared by the 
Council's ad hoc SRKW Workgroup.\1\ The risk assessment identified 
Chinook salmon as the primary prey of SRKW. Chinook salmon, as well as 
coho salmon, are targeted in ocean salmon fisheries managed under the 
FMP. The Workgroup also identified a range of potential management 
measure the Council could take to limit ocean salmon fishery impacts to 
Chinook salmon prey availability for SRKW. The Council considered the 
Workgroup recommendations in the development of Amendment 21.
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    \1\ The SRKW Workgroup's risk assessment report can be found on 
the Council's website: https://www.pcouncil.org/documents/2020/05/e-2-srkw-workgroup-report-1-pacific-fishery-management-council-salmon-fishery-management-plan-impacts-to-southern-resident-killer-whales-risk-assessment-electronic-only.pdf/.
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    If approved, Amendment 21 would establish a threshold for annual 
Chinook salmon abundance below which additional management measures 
would be implemented to limit the effects of the fisheries on SRKW. 
This low abundance threshold is defined as October 1 projections of 
Chinook salmon abundance in the area from the U.S./Canada border to 
Cape Falcon, OR, prior to salmon fisheries occurring in the EEZ 
(referred to as time step 1 (TS1)). If an annual forecast for this 
abundance is less than the arithmetic mean of the seven lowest years of 
TS1 starting abundance during the period 1992-2016 (1994-1996, 1998-
2000 and 2007), currently calculated as 966,000 Chinook salmon, 
management responses would be implemented through the annual management 
measures for ocean salmon fisheries. The management measures include a 
limit on the annual quota in non-tribal commercial fisheries north of 
Cape Falcon, Oregon, shifting quota for Chinook salmon catch north of 
Cape Falcon, Oregon, from the spring time period when the available 
information indicates the whales experience greater overlap with salmon 
fisheries to the summer time period, and time and area closures in 
times and areas for which current data indicate greater foraging use by 
the killer whales (see proposed FMP language for detail). The goal for 
the Amendment 21 management responses is to limit ocean salmon fishery 
impacts on foraging opportunities for SRKW on Chinook salmon in years 
of low Chinook salmon abundance. Management measures implemented under 
Amendment 21 would be applied in concert with measures designed to meet 
other requirements of the FMP including conservation objectives and 
annual catch limits for specific salmon stocks and stock complexes.
    Because Amendment 21 will be implemented through the annual 
management measures for the ocean salmon fishery, NMFS is not 
promulgating an implementing rule at this time.
    All comments received by the end of the comment period on Amendment 
21 (see DATES and ADDRESSES above) will be considered in the 
Secretary's decision to approve, disapprove, or partially approve this 
amendment. To be considered in this decision, comments must be received 
by close of business on the last day of the comment period; that does 
not mean postmarked or otherwise transmitted by that date.

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

    Dated: May 26, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-11540 Filed 6-1-21; 8:45 am]
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