[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 35012-35013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09380]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 240425-0119]
RIN 0648-BM53


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: Final rule.

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SUMMARY: NMFS is revising regulations that implement the Pacific 
Fishery Management Council's (Council) Pacific Coast Salmon Fishery 
Management Plan (FMP). This final action removes the rebuilding plan 
for Snohomish River coho salmon from regulation, as this stock has been 
rebuilt and is no longer required to be managed under a rebuilding 
plan.

DATES: Effective May 31, 2024.

FOR FURTHER INFORMATION CONTACT: Shannon Penna, Fishery Management 
Specialist, 562-980-4239, [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 to 370.4 
kilometers)) off the coasts of the States of Washington, Oregon, and 
California.
    The Snohomish River coho salmon stock contributes to U.S. ocean 
salmon fisheries north of Cape Falcon, ocean salmon fisheries off 
British Columbia, and marine and freshwater Puget Sound salmon 
fisheries. In 2018, NMFS determined that Snohomish River coho salmon 
was overfished under the Magnuson-Stevens Fishery and Conservation 
Management Act (MSA) (Letter from Barry A. Thom, NMFS West Coast 
Regional Administrator, to Chuck Tracy, Pacific Fishery Management 
Council Executive Director, dated June 18, 2018). The MSA requires 
Councils to develop and implement a rebuilding plan within 2 years of 
being notified by NMFS that a stock is overfished. In this case, the 
stock was determined to be overfished when the 3-year geometric 
spawning escapement dropped below 50,000 spawners. The Council 
transmitted its recommended rebuilding plan to NMFS on October 17, 
2019, which was similar to the existing management framework, to 
rebuild Snohomish River coho salmon. Estimates of Snohomish River coho 
exploitation rates were not available for 2020 and 2021; however, 
fisheries in earlier years resulted in exploitation rates below the 
maximum fishing mortality threshold (0.6); therefore, Snohomish River 
coho were not considered subject to overfishing.
    The Council determined that the recommended rebuilding plan 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 Snohomish 
River coho salmon through a final rule (86 FR 9301, February 21, 2021).
    In 2023, NMFS determined that Snohomish River coho salmon met the 
criteria in the FMP for being rebuilt and notified the Council (Letter 
from Jennifer Quan, NMFS West Coast Regional Administrator, to Merrick 
Burden, Pacific Fishery Management Council Executive Director, dated 
October 13, 2023). A stock is rebuilt when the 3-year geometric mean 
spawning escapement exceeds the level associated with the maximum 
sustainable yield (SMSY). When Snohomish River coho salmon 
was determined to be overfished, the 3-year geometric mean was 29,677 
(2014 to 2016). The most recent 3-year geometric mean of the spawning 
escapement reported for this stock (2019 to 2021) is 55,154, which 
exceeds the spawning escapement requirement to achieve SMSY 
for this stock, 50,000 spawners. Because the stock is rebuilt, it is no 
longer required to be managed under a rebuilding plan. Therefore, the 
Snohomish River coho salmon rebuilding plan should be removed from 
regulation to avoid confusion regarding the stock's status. 
Additionally, removing the Snohomish River coho salmon rebuilding plan 
from regulation will avoid confusion should NMFS make a future 
determination that the Snohomish River coho salmon stock is overfished 
again, in which case the MSA requires the Council to prepare and 
implement a rebuilding plan within 2 years of that determination (50 
CFR 600.310(j)(2)(ii)). Leaving the current rebuilding plan in 
regulation could cause confusion as it might be misperceived as being 
the default rebuilding plan for Snohomish River coho salmon or required 
for current management, which was not the intention of the Council nor 
of NMFS. Therefore, to avoid confusion, it is

[[Page 35013]]

necessary to remove the existing Snohomish River coho salmon rebuilding 
plan from regulation. The proposed rule was issued on February 28, 
2024, and the comment period closed on March 14, 2024.

Public Comment

    No comments were received during the public comment period of 
February 28 to March 14, 2024. No changes were made from the proposed 
rule.

Classification

    NMFS is issuing this rule pursuant to section 305(d) of the MSA. 
This reason for using this regulatory authority is: pursuant to MSA 
section 305(d), this action is necessary to carry out this regulatory 
amendment, because it implements technical and minor administrative 
changes to the regulations governing the salmon fishery. The NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Salmon FMP 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 or on the economic impacts of the rule 
generally. 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.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Recording and reporting requirements.

    Dated: April 26, 2024.
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.


Sec.  660.413  [Amended]

0
2. Amend Sec.  660.413 by removing paragraph (e).

[FR Doc. 2024-09380 Filed 4-30-24; 8:45 am]
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