[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Rules and Regulations]
[Pages 71262-71263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25328]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[RTID 0648-XC119]


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
Amendment 23 to the Pacific Coast Salmon Fishery Management Plan

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

ACTION: Notice of agency decision.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the approval of Amendment 23 to the Pacific 
Coast Salmon Fishery Management Plan (Salmon FMP). Amendment 23 amends 
the Salmon FMP's current harvest control rule (HCR) for the Southern 
Oregon/Northern California Coast (SONCC) Coho Salmon Evolutionarily 
Significant Unit (ESU).

DATES: The amendment was approved on November 10, 2022.

ADDRESSES: The amended Salmon FMP is available on the Pacific Fishery 
Management Council's (Council) website (www.pcouncil.org). The final 
National Environmental Policy Act (NEPA) environmental assessment (EA) 
evaluating this action is available on the NMFS website at https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-salmon-harvest-nepa-documents.

[[Page 71263]]


FOR FURTHER INFORMATION CONTACT: Shannon Penna at 562-980-4239.

SUPPLEMENTARY INFORMATION: 

Background

    The ocean salmon fisheries in the exclusive economic zone (EEZ) (3-
200 nautical miles; 5.6-370.4 kilometers) seaward of Washington, 
Oregon, and California are managed under the Salmon FMP. The Magnuson-
Stevens Fishery Conservation and Management Act (MSA) requires that 
each regional fishery management council submit any fishery management 
plan (FMP) or plan amendment it prepares to NMFS for review and 
approval, disapproval, or partial approval by the Secretary of Commerce 
(Secretary) (MSA 304(a)). The MSA also requires that NMFS, upon 
receiving an FMP or plan amendment, immediately publish a notice that 
the FMP or plan amendment is available for public review and comment.
    The Notice of Availability (NOA) for Amendment 23 was published in 
the Federal Register on August 18, 2022 (87 FR 50824), with a 60-day 
comment period that ended on October 17, 2022. In the NOA, NMFS also 
announced that a draft EA analyzing the environmental impacts of the 
actions implemented under Amendment 23 was available for public review 
and comments by October 3, 2022. NMFS summarized and responded to 
comments in the final EA, and under Comments and Responses, below.
    NMFS completed a biological opinion under section 7 of the ESA on 
the implementation of the Salmon FMP, including Amendment 23, and 
determined that this action is not likely to jeopardize the continued 
existence of any endangered or threatened species under the 
jurisdiction of NMFS (NMFS Consultation Number: WCRO-2021-03260; 
biological opinion signed April 28, 2022).
    NMFS determined that Amendment 23 is consistent with the MSA and 
other applicable laws, and the Secretary of Commerce approved Amendment 
23 on November 10, 2022. The August 18, 2022 NOA contains additional 
information on this action. Amendment 23 will be implemented through 
the annual salmon management measures; no changes to existing Federal 
regulations are necessary.
    Amendment 23 will replace the current HCR with two new HCRs. The 
first will limit total fishery exploitation rates (ERs) on each of five 
individual representative population units within the SONCC coho salmon 
ESU to 15 percent annually, except for the Trinity River population 
(represented by the Upper Trinity River, Lower Trinity River, and South 
Fork Trinity River populations). The second HCR will limit the total ER 
on the Trinity River population unit to 16 percent. Both HCRs account 
for all ocean and inland sources of fishery mortality annually and 
include landed and non-landed mortality of age-3 adult SONCC coho 
salmon.
    During its annual salmon preseason planning process for developing 
recommended annual management measures governing ocean salmon 
fisheries, the Council will evaluate ocean salmon fisheries using the 
coho salmon Fishery Regulation Assessment Model (FRAM) so that, when 
combined with estimated freshwater impacts, the preseason projected 
total ERs will not exceed the adopted HCRs. The estimated freshwater 
impacts will be determined using projections provided by co-managing 
agencies (i.e., the Oregon Department of Fish and Wildlife, Yurok 
Tribe, Hoopa Valley Tribe, or California Department of Fish and 
Wildlife). Postseason ERs will be estimated for each year once 
postseason harvest and abundance estimates become available. Coho 
salmon-directed salmon fisheries and retention of coho salmon in 
Chinook salmon-directed salmon fisheries will remain prohibited in the 
EEZ seaward of California. Annual salmon management measures 
implemented consistent with Amendment 23 will 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.

Comments and Responses

    NMFS received four comments during the public comment period. Three 
comments were from private citizens and the fourth comment was a letter 
from the United States (U.S.) Environmental Protection Agency (EPA). 
One comment from private citizens was in support of Amendment 23 and 
two comments were not relevant to the scope of Amendment 23. The EPA 
specifically addresses the draft EA by providing recommendations for 
NMFS to clearly document tribal engagement and to clearly describe the 
final project in the final EA. NMFS incorporated the recommendations 
from the comments received from the EPA into the final EA.

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

    Dated: November 16, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-25328 Filed 11-21-22; 8:45 am]
BILLING CODE 3510-22-P