[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Proposed Rules]
[Pages 8224-8226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02794]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220203-0038]
RIN 0648-BK43


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
Federal Salmon Regulations for Overfished Species Rebuilding Plans

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 revisions to regulations that implement the 
Pacific Fishery Management Council's (Council) Pacific Coast Salmon 
Fishery Management Plan (FMP). This proposed action would remove a 
rebuilding plan for Sacramento River fall-run Chinook salmon (SRFC) 
from regulation, as this stock has been rebuilt and is no longer 
required to be managed under a rebuilding plan, and would update 
language to reflect the 2013 merger of NMFS' Northwest Region (NWR) and 
Southwest Region (SWR), which created NMFS' West Coast Region (WCR).

DATES: Comments on this proposed rule must be received on or before 
March 1, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0002 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-2022-0002 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 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).

FOR FURTHER INFORMATION CONTACT: Shannon Penna, Fishery Management 
Specialist, at 562-676-2148, or [email protected].

SUPPLEMENTARY INFORMATION: Regulations at 50 CFR part 660, subpart H 
implement the management of West Coast salmon fisheries under the FMP 
in the exclusive economic zone (3 to 200 nautical miles (5.6-370.4 
kilometers)) off the coasts of the states of Washington, Oregon, and 
California.
    In 2018, NMFS determined that SRFC was overfished under the 
Magnuson-Stevens Fishery and Conservation Management Act (MSA). The 
Council developed a rebuilding plan for SRFC, which it transmitted to 
NMFS on August 14, 2019. The Council recommended as the rebuilding plan 
the existing control rule for SRFC, which was adopted as part of FMP 
Amendment 16 and described in codified regulation at 50 CFR 660.410(c) 
(76 FR 81851, December 29, 2011). The Council determined that the 
existing control rule met the MSA requirement to rebuild the stock as 
quickly as possible, taking into account the status and biology of any 
overfished stock and the needs of fishing communities (50 CFR 
600.310(j)(3)(i)). NMFS approved and implemented the Council's 
recommended rebuilding plan for SRFC through a final rule (85 FR 75920; 
November 27, 2020).
    In 2021, NMFS determined that SRFC met the criteria in the FMP for 
being rebuilt and notified the Council (Letter from Barry A. Thom, NMFS 
West Coast

[[Page 8225]]

Regional Administrator, to Charles A. Tracy, Pacific Fishery Management 
Council Executive Director, dated July 23, 2021). As the stock is 
rebuilt, it is no longer required to be managed under a rebuilding plan 
and the SRFC rebuilding plan should be removed from regulation to avoid 
confusion regarding the stock's status. Additionally, removing the SRFC 
rebuilding plan from regulation will avoid confusion should NMFS make a 
future determination that the SRFC stock is overfished again, in which 
case the MSA requires the Council to prepare and implement a rebuilding 
plan within two years of that determination (50 CFR 600.310(j)(2)(ii)). 
Leaving the current rebuilding plan in regulation could be confused as 
being the default rebuilding plan for SRFC, which was not the intention 
of the Council nor of NMFS. Therefore, to avoid confusion, it is 
necessary to remove the existing SRFC rebuilding plan from regulation. 
Because the rebuilding plan adopted the existing harvest control rule 
for SRFC that was implemented through notice and comment rulemaking in 
2011 (76 FR 81851, December 29, 2011), removing the rebuilding plan 
from regulation will not change the management of salmon fisheries that 
affect SRFC. NMFS has determined that a 15-day comment period for this 
proposed rule is appropriate to allow adequate time for public comment 
while also allowing for the final rule to be in effect prior to the 
annual preseason management process for the 2022 ocean salmon 
fisheries, thereby avoiding confusion about the status of SRFC prior to 
the fishing season.
    In 2013, NMFS implemented a realignment that merged the NWR and SWR 
to create the WCR. This change was made in order to more effectively 
manage resources, decision-making, and policy from a holistic West 
Coast perspective. NMFS proposes to revise the regulations at 50 CFR 
660, subpart H, to reflect the 2013 merger of NMFS' NWR and SWR by 
replacing mentions of NWR and SWR with WCR, and by replacing mention of 
the Northwest and Southwest Regional Administrators with West Coast 
Regional Administrator.

Classification

    NMFS is issuing this proposed rule pursuant to section 305(d) of 
the MSA. This proposed rule implements technical and minor 
administrative changes to the regulations governing the salmon fishery.
    This proposed 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 that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
Using the Socioeconomic Assessment of the 2020 Ocean Salmon Fisheries 
(Chapter IV) of the Review of 2020 Ocean Salmon Fisheries Stock 
Assessment and Fishery Evaluation Document for the Pacific Coast Salmon 
Fishery Management Plan, the most recent year of complete fishing data, 
2020, had 647 distinct commercial vessels land fish caught in Oregon 
and California. These vessels had an average state-level ex-vessel 
revenue per vessel of $39,127; no vessel met the threshold ($11 million 
in annual gross receipts) for being a large entity. Because all 
directly regulated entities are small, these regulation revisions are 
not expected to place small entities at a significant disadvantage to 
large entities. The proposed rule would not change harvest policy; 
thus, by definition, there would be no direct or indirect economic 
impact or reduction in profit for the directly regulated entities. 
Therefore, this proposed action, if implemented, is not expected to 
have a significant economic impact on a substantial number of small 
entities. As a result, an initial regulatory flexibility analysis is 
not required and none has been prepared.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Recording and reporting requirements.

    Dated: February 4, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS amends 50 CFR part 
660 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.  660.402, revise the definition of ``Regional 
Administrator'' to read as follows:


Sec.  660.402  Definitions.

* * * * *
    Regional Administrator means the Administrator, West Coast Region, 
NMFS.
* * * * *


660.408  [AMENDED]

0
3. In Sec.  660.408, paragraph (m), footnote 2, remove ``Director, 
Southwest'' and add, in its place ``West Coast''

0
4. In Sec.  660.411, revise paragraph (c) to read as follows:


Sec.  660.411  Notification and publication procedures.

* * * * *
    (c) Availability of data. The Regional Administrator will compile 
in aggregate form all data and other information relevant to the action 
being taken and will make them available for public review upon 
request. Contact information will be published annually in the Federal 
Register, posted on the NMFS website, and announced on the telephone 
hotline.

0
5. In Sec.  660.413;
0
a. Remove and reserve paragraph (b); and
0
b. Revise Figure 1 to Sec.  660.413.


Sec.  660.413  Overfished species rebuilding plans.

* * * * *

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[GRAPHIC] [TIFF OMITTED] TP14FE22.011

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[FR Doc. 2022-02794 Filed 2-11-22; 8:45 am]
BILLING CODE 3510-22-P