[Federal Register Volume 89, Number 157 (Wednesday, August 14, 2024)]
[Rules and Regulations]
[Pages 66011-66014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17992]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 240807-0215]
RIN 0648-BM68


Fisheries off West Coast States; West Coast Salmon Fisheries; 
Measures to Keep Fishery Impacts Within the Conservation Objective for 
the California Coastal Chinook Salmon

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

ACTION: Final rule.

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

SUMMARY: This final rule will implement a set of management measures to 
ensure fishery impacts on California Coastal (CC) Chinook salmon, which 
are listed as threatened under the Endangered Species Act, remain 
within the conservation objective in the Pacific Coast Salmon Fishery 
Management Plan (Salmon FMP). Under the final rule, management tools 
(e.g., trip limits (also known as landing and possession limits) and 
inseason management) consistent with the provisions of the Salmon FMP 
will be used to provide greater certainty in avoiding exceedances of 
the conservation objectives for CC Chinook salmon.

DATES: Effective September 13, 2024.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to https://www.reginfor.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function.

FOR FURTHER INFORMATION CONTACT: Shannon Penna, Fishery Management 
Specialist, at 562-980-4239 or [email protected].

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 Salmon FMP. The Salmon FMP and 
implementing regulations govern the development of annual management 
measures at the spring (March and April) Pacific Fishery Management 
Council (Council) meetings each year. Management measures for the 
salmon fisheries are developed annually because the abundance of the 
salmon stocks in the fishery can fluctuate significantly from one year 
to the next and information about annual stock abundance does not 
become available until early in each year (January-early March).
    The commercial and recreational salmon fisheries off northern 
California and southern Oregon target healthy or abundant stocks of 
Chinook and coho salmon, but may incidentally encounter Endangered 
Species Act (ESA)-listed CC Chinook salmon. The CC Chinook salmon 
Evolutionarily Significant Unit (ESU) has been listed as threatened 
under the ESA since 1999. The Salmon FMP includes harvest controls that 
are used to manage salmon stocks sustainablyand requires that the 
fisheries be managed consistent with ``consultation standards'' for 
stocks listed as endangered or threatened under the ESA for which NMFS 
has issued biological opinions. NMFS has issued biological opinions for 
every ESA-listed salmon species impacted by the fisheries governed by 
the Salmon FMP. A series of biological opinions on the CC Chinook 
salmon ESU (NMFS 2000; McInnis 2005; NMFS 2023; NMFS 2024) have 
concluded that management of the salmon fishery that avoids exceedance 
of the conservation objective will avoid jeopardizing the ESU. As 
described in these biological opinions, the available data are 
insufficient for developing an ESU-specific conservation objective for 
CC Chinook salmon. Thus, NMFS has relied on a surrogate, Klamath River 
fall-run Chinook Salmon (KRFC), to evaluate and limit impacts on CC 
Chinook salmon in ocean salmon fisheries. The conservation objective is 
an ocean harvest rate (HR) on age-4 KRFC of 0.16. In its 2024 
biological opinion, NMFS confirmed that managing fisheries to avoid 
exceeding this conservation objective would avoid jeopardy to CC 
Chinook salmon.

[[Page 66012]]

    From 2018 to 2022, the fishery HR on age-4 KRFC significantly 
exceeded 0.16 with an average of 0.28. Adjustments to ocean management 
models were made to account for these high catch rates, and fisheries 
were managed to stay within a lower rate than the conservation 
objective, but the fisheries continued to exceed the conservation 
objective for CC Chinook salmon The recent increases in the post-season 
KRFC age-4 ocean HR from 2018 through 2021 suggest that the level of 
impacts on CC Chinook salmon have likely increased.
    For 2023, in response to record low forecasts for KRFC and 
Sacramento fall-run Chinook (SRFC) salmon, the Council ultimately 
recommended the closure of commercial and recreational salmon fisheries 
off the coast of California for 2023, and NMFS approved this closure.
    In the fall of 2023, the Council considered recommending additional 
measures to address the high catch rates of KRFC and stay within the 
conservation objective for CC Chinook salmon. At the November 2023 
Council meeting, the Council voted to recommend a set of management 
measures to ensure that the CC Chinook salmon conservation objective is 
not exceeded, including landing and possession limits, an overall 
allowable harvest level, and inseason management consistent with the 
provisions of the Salmon FMP.
    In 2024, the Council again recommended the closure of commercial 
and recreational salmon fisheries off the coast of California through 
calendar year 2024, and NMFS approved the closure.

Measures To Achieve Conservation Objectives for California Stocks of 
Chinook Salmon

    The management measures included in this rule will apply to the 
ocean salmon fisheries between the Oregon/California border and the 
U.S./Mexico border (i.e., California Klamath Management Zone, Fort 
Bragg, San Francisco, and Monterey management areas) for the following 
reasons:
    1. The majority of the KRFC harvest (and assumed impacts on CC 
Chinook salmon) in the ocean occurs in this area;
    2. The age-4 ocean HR for KRFC in this area has consistently 
exceeded pre-season projections in recent years;
    3. Contact-rate-per-unit-effort in this area has exceeded 
projections in recent years;
    4. The fisheries in this area have been managed primarily through 
season controls such as time and area restrictions (as opposed to use 
of landing and possession limits and/or quota management);
    5. Time and area restrictions in this area have not been effective 
in controlling harvest of KRFC (and assumed impacts on CC Chinook 
salmon) in recent years; and
    6. Ocean fisheries in other areas that impact KRFC routinely 
implement the same or similar management measures as described in these 
measures for a similar purpose.
    The rule requires implementation of measures used in salmon 
fisheries elsewhere on the West Coast to ensure fisheries off the coast 
of California do not exceed the conservation objective for CC Chinook 
salmon. The Salmon FMP contemplates that a range of management tools 
will be used to ensure the fisheries are managed to avoid exceeding all 
limits for stocks caught in the various management areas along the West 
Coast (FMP chapter 6). These management tools (e.g., management 
boundaries, seasons, quotas, minimum harvest lengths, fishing gear 
restrictions, and recreational day bag limits) are available to manage 
ocean fisheries each season, once the allowable ocean harvests and the 
basis for allocation among user groups have been determined. New 
information on the fisheries and salmon stocks also may require other 
adjustments to the management measures.
    Consistent with the proposed rule, 89 FR 30314 (April 23, 2024), 
this final rule adds new 50 CFR 660.410(d), which requires fishery 
managers to set an allowable harvest level of a number of Chinook 
salmon for each year, consistent with the conservation objective 
(including the buffer described as follows). In setting the annual 
harvest level, the Council may recommend and NMFS may applya buffer to 
the conservation objective to account for management error and reduce 
the potential for exceeding the conservation objective. The default 
buffer would be the percent error (defined as the difference between 
the preseason projected HR and the post-season estimated HR, divided by 
the post-season estimated HR, and expressed as a percentage) averaged 
over the most recent 5 years. Other relevant factors such as revisions 
to the fishery management models used to estimate the preseason Chinook 
catch, environmental indicators relevant to the status of KRFC, 
constraints on fisheries under consideration for the areas and months 
with greatest impacts to KRFC Chinook, may be considered to further 
refine the buffer. Using the allowable harvest level and projected 
effort, managers will determine landing and possession limits pre-
season to ensure that the fishery does not exceed the allowable harvest 
level. The fishery will be monitored inseason and actions will be taken 
as needed to prevent the fisheries from exceeding the annual harvest 
level. We expect that this multilayered conservative approach (i.e., a 
buffer, fishery output control, and inseason actions) will ensure that 
the fisheries remain within the pre-season projection and adhere to the 
CC Chinook salmon conservation objective. This final rule also updates 
regulations at 50 CFR 660.405 and 660.410. In Sec.  660.405, the term 
``possess'' was added to provide consistency with other prohibitions 
throughout the regulations. The addition of the term ``possess'' will 
ensure that fishers are not confused about the requirements related to 
the timing of take, retention, possession, or landings, particularly in 
relation to the requirement included in this rule that fish tickets be 
submitted within 24 hours of landing. In addition, this final rule 
would revise paragraph (c) of Sec.  660.410 by adding the abbreviation 
``KRFC'' to address several new occurrences of that acronym that did 
not exist before.

Public Comments

    NMFS received seven comment letters. Of these letters, three 
comment letters were from private citizens and are not relevant to this 
action.
    Comment 1: The California Department of Fish and Wildlife (CDFW) 
and a private citizen were in support of the action. In the years 
preceding the 2023 and 2024 ocean salmon fishery closures, CDFW 
advocated for an inseason management system to ensure CC Chinook salmon 
remain within its conservation objective. CDFW supports the transition 
to inseason harvest management of California commercial ocean salmon 
fisheries by utilizing caps on allowable harvest and establishing 
vessel-based landing and possession limits.
    Response: NMFS thanks CDFW and the private citizen for their 
expressed support for this action.
    Comment 2: PCFFA and a private citizen expressed concern about the 
validity of using KRFC as surrogate stock for evaluating impacts on CC 
Chinook salmon and the effect that landing and possession limits will 
have on the commercial fishing industry and communities. PCFFA also 
asserts that the shortcomings of using KRFC as a surrogate for CC 
Chinook salmon were not acknowledged. PCFFA acknowledges that catch 
rates in the California commercial troll fishery have

[[Page 66013]]

exceeded expectations over the past decade and asserts that harvest 
models have been unreliable.
    Response: The conservation objective for CC Chinook salmon is 
defined in the Salmon FMP. This rule does not modify the CC Chinook 
salmon conservation objective, which is required by the applicable 
biological opinion developed pursuant to the ESA. Rather, the final 
ruleauthorizes the use of measures allowed under the Salmon FMP to 
ensure that the existing conservation objective is not exceeded. The 
assumptions and limitations of the CC Chinook salmon conservation 
objective were expressly discussed in supplemental reports and 
presentations during the rulemaking process and in the biological 
opinion NMFS issued in February 2024 on the implementation of the FMP 
including the proposed measures. The best available scientific 
information does not support an alternative conservation objective at 
this time.
    Contact rate-per-unit-effort in the California commercial troll 
fishery has significantly exceeded model expectations leading to HRs 
that have frequently and substantially exceeded the CC Chinook salmon 
conservation objective from 2018 to 2022. In 2021 and 2022, the model 
used to predict harvest of KRFC was updated, and a conservation buffer 
was applied to the pre-season projection. Despite this concerted effort 
to avoid another exceedance, the 2022 fisheries exceeded the objective 
by more than double. This action is intended to manage the commercial 
salmon troll fishery to address the source of the high catch rates of 
KRFC and stay within the CC Chinook salmon conservation objective.
    Comment 3: PCFFA commented that landing and possession limits and/
or quota management will have devastating consequences for commercial 
fishing businesses, coastal communities, and wild food production in 
California.
    Response: PCFFA does not elaborate on the potential consequences of 
this final rule or provide any analysis or estimates. In the Federal 
Register notification for the proposed rule, NMFS acknowledged that the 
action is expected to impose negative economic effects on small 
businesses relative to the 2018 to 2022 time period. This is because 
fishery participants harvested Chinook salmon at a level up to two 
times the conservation objective during 2018 to 2022. The action is 
intended to ensure catch levels do not continue to exceed the 
conservation objective. Additionally, the commercial and recreational 
fisheries off the coast of California were closed in 2023 and 2024. 
These closures were in response to low abundance forecasts for KRFC and 
SRFC. Chinook fisheries off the coast of Califoria, successfully 
operated under the CC Chinook salmon conservation objective, will 
provide a greater benefit to communiites by avoiding future closures.
    Changes were made from the proposed rule to clarify the language 
and not changing the substance from the proposed rule.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Salmon FMP, other provisions of the Magnuson-
Stevens Act, 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 flexibity analysis was not 
required and none was prepared.
    This final rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This rule changes the existing requirements for the collection 
of information 0648-0433 by adding a requirement for submission of fish 
tickets within 24 hours of landing. Public reporting burden for fish 
ticket submission is estimated to average 0 hours because the 
submission is already be required by the California Code of 
Regulations, this rule only changes the requirement for timing of that 
submission.
    We invite the general public and other Federal agencies to comment 
on proposed and continuing information collections, which helps us 
assess the impact of our information collection requirements and 
minimize the public's reporting burden. Written comments and 
recommendations for this information collection should be submitted to 
the following website: https://www.reginfo.gov/public/do/PRAMain. Find 
this particular information collection by using the search function and 
entering either the title of the collection or the OMB Control Number 
0648-0433.
    Notwithstanding any other provision of the law, no person required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA, unless that collection of information displays a currently 
valid OMB Control Number.
    A formal section 7 consultation under the ESA was initiated for the 
Salmon FMP. In a biological opinion dated February 29, 2024, NMFS 
determined that fishing activities pursuant to this rule will not 
affect endangered and threatened species or critical habitat in any 
manner not considered in prior consultations on West Coast ocean salmon 
fisheries managed under the Salmon FMP and its implementing regulations 
are not likely to jeopardize the continued existence of that species or 
its critical habitat.
    This final rule was developed after meaningful consultation and 
collaboration with the Tribal representative on the Council.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indians-lands, Recreation and recreation areas, 
Reporting and recordkeeping requirements, Treaties.

    Dated: August 8, 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.


0
2. In Sec.  660.405, revise paragraphs (a)(1) and (2) to read as 
follows:


Sec.  660.405  Prohibitions.

    (a) * * *
    (1) Take and retain, possess, or land salmon caught with a net in 
the fishery management area, except that a hand-held net may be used to 
bring hooked salmon on board a vessel.
    (2) Fish for, take and retain, or possess any species of salmon:
    (i) During closed seasons or in closed areas;
    (ii) While possessing on board any species not allowed to be taken 
in the area at the time;

[[Page 66014]]

    (iii) Once any catch limit is attained;
    (iv) By means of gear or methods other than recreational fishing 
gear or troll fishing gear, or gear authorized under Sec.  660.408(k) 
for treaty Indian fishing;
    (v) In violation of any action issued under this subpart; or
    (vi) In violation of any applicable area, season, species, zone, 
gear, daily bag limit, or length restriction.
* * * * *

0
3. In Sec.  660.410, revise paragraph (c) and add paragraph (d) to read 
as follows:


Sec.  660.410  Conservation objectives, ACLs, and de minimis control 
rules.

* * * * *
    (c) De minimis control rules. Klamath River fall Chinook (KRFC) and 
Sacramento River fall Chinook salmon have the same form of de minimis 
control rule described in the Salmon FMP, which allows for limited 
fishing impacts when abundance falls below SMSY (the 
abundance of adult spawners that is expected, on average, to produce 
MSY). The control rule describes maximum allowable exploitation rates 
at any given level of abundance. The annual management measures may 
provide for lower exploitation rates as needed to address uncertainties 
or other year-specific circumstances. The de minimis exploitation rate 
in a given year must also be determined in consideration of the 
following factors:
    (1) The potential for critically low natural spawner abundance, 
including considerations for substocks that may fall below crucial 
genetic thresholds;
    (2) Spawner abundance levels in recent years;
    (3) The status of co-mingled stocks;
    (4) Indicators of marine and freshwater environmental conditions;
    (5) Minimal needs for Tribal fisheries;
    (6) Whether the stock is currently in an approaching overfished 
condition;
    (7) Whether the stock is currently overfished;
    (8) Other considerations, as appropriate; and
    (9) Exploitation rates, including de minimis exploitation rates, 
must not jeopardize the long-term capacity of the stock to produce 
maximum sustained yield on a continuing basis. NMFS expects that the 
control rule and associated criteria will result in decreasing harvest 
opportunity as abundance declines and little or no opportunity for 
harvest at abundance levels less than half of the maximum stock size 
threshold (MSST).
    (d) Salmon fisheries affecting California Coastal Chinook. Salmon 
fisheries off the coast of California affecting this ESA-listed stock 
are managed to meet the conservation objective described in Salmon FMP 
table 3-1.
    (1) The annual specifications and management measures will include 
an allowable harvest level expressed in numbers of Chinook salmon for 
the salmon fisheries off the coast of California that is projected, 
using the Klamath Ocean Harvest Model and Sacramento Harvest Model, to 
ensure fisheries do not exceed the conservation objective. A harvest 
rate that is lower than the conservation objective may be used to 
determine the allowable harvest level in order to address the potential 
for exceeding the objective in a particular year. The lower harvest 
rate will be determined in two steps.
    (i) In the first step, NMFS and the Council will calculate the 
average percent error (defined as the difference between the preseason 
projected HR and the post-season estimated HR, divided by the post-
season estimated HR, and expressed as a percentage) averaged over the 
most recent 5 years, and apply the average percent error to the 
conservation objective. Only positive percent error will be applied 
because the intent is to keep the post-season harvest rate below the 
conservation objective.
    (ii) In the second step, other relevant factors affecting the 
preseason assessment of the age-4 KRFC harvest rate will be considered, 
such as revisions to the fishery management models used to estimate the 
preseason Chinook catch, environmental indicators relevant to the 
status of KRFC, constraints on fisheries under consideration for the 
areas and months with greatest impacts to KRFC Chinook, and the lower 
harvest rate may be modified based on these factors.
    (2) The annual specifications and management measures will include 
the following management measures to ensure fisheries affecting 
California Coastal Chinook do not exceed the allowable harvest level.
    (i) Landing and possession limits will be used in the commercial 
troll fisheries to keep fishery catch within the allowable harvest 
level. Landing and possession limits will be set for periods not to 
exceed 1 week. Landing and possession limits may vary from one calendar 
month to the next but will be the same for periods within the same 
calendar month.
    (ii) A percentage of the allowable harvest level (i.e., trigger) 
that will require consideration of inseason action to ensure that the 
allowable harvest level is not exceeded will be set through the annual 
management measures.
    (iii) For the first 2 years after the promulgation of this rule in 
which a salmon fishery occurs in the EEZ off the California coast, 
inseason actions will only be used to further restrict harvest (i.e., 
reduce landing limits, reduce time/area, and close the fishery when the 
allowable harvest level is projected to have been met).
    (3) Electronic fish tickets must be submitted within 24 hours of 
landing to the California Department of Fish and Wildlife. Fish tickets 
must be submitted in accordance with the requirements of the applicable 
State regulations.
    (4) NMFS will implement inseason actions as described in Sec.  
660.409, following processes described in that section, as needed to 
ensure catch in the fishery does not exceed the allowable harvest level 
and will close areas and seasons upon reaching the allowable harvest 
limit.

[FR Doc. 2024-17992 Filed 8-13-24; 8:45 am]
BILLING CODE 3510-22-P