Proposed Rule2022-02794
Fisheries Off West Coast States; West Coast Salmon Fisheries; Federal Salmon Regulations for Overfished Species Rebuilding Plans
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 14, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 30 (Monday, February 14, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
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 <a href="http://www.regulations.gov">www.regulations.gov</a>
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 <a href="/cdn-cgi/l/email-protection#04576c656a6a6b6a2a54616a6a65446a6b65652a636b72"><span class="__cf_email__" data-cfemail="37645f5659595859196752595956775958565619505841">[email protected]</span></a>.
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
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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.
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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]
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3. In Sec. 660.408, paragraph (m), footnote 2, remove ``Director,
Southwest'' and add, in its place ``West Coast''
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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;
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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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[[Page 8226]]
[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
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