Proposed Rule2022-17805
Fisheries Off West Coast States; West Coast Salmon Fisheries; Amendment 23 to the Pacific Coast Salmon Fishery Management Plan
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
August 18, 2022
Effective
October 17, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Pacific Fishery Management Council (Council) has submitted Amendment 23 to the Pacific Coast Salmon Fishery Management Plan (Salmon FMP) to the Secretary of Commerce for review. If approved, Amendment 23 would amend the Salmon FMP's current harvest control rule (HCR) for the Southern Oregon/Northern California Coast (SONCC) Coho Salmon Evolutionarily Significant Unit (ESU).
Full Text
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<title>Federal Register, Volume 87 Issue 159 (Thursday, August 18, 2022)</title>
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[Federal Register Volume 87, Number 159 (Thursday, August 18, 2022)]
[Proposed Rules]
[Pages 50824-50825]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17805]
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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: Announcement of availability of fishery management plan
amendment and associated Environmental Assessment; request for
comments.
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SUMMARY: The Pacific Fishery Management Council (Council) has submitted
Amendment 23 to the Pacific Coast Salmon Fishery Management Plan
(Salmon FMP) to the Secretary of Commerce for review. If approved,
Amendment 23 would amend the Salmon FMP's current harvest control rule
(HCR) for the Southern Oregon/Northern California Coast (SONCC) Coho
Salmon Evolutionarily Significant Unit (ESU).
DATES: Comments on Amendment 23 must be received by October 17, 2022.
Comments on the accompanying Environmental Assessment must be received
by October 3, 2022.
ADDRESSES: You may submit comments on Amendment 23, identified by NOAA-
NMFS-2022-0065, 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-2022-0065 in the Search box. Click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
You may submit comments on the Environmental Assessment, identified
by RTID 0648-XC119, by the following method:
<bullet> Electronic Submissions: Submit all electronic public
comments via electronic mail to the address:
<a href="/cdn-cgi/l/email-protection#14677578797b7a3a7c7566627167603a777b7979717a6067547a7b75753a737b62"><span class="__cf_email__" data-cfemail="a5d6c4c9c8cacb8bcdc4d7d3c0d6d18bc6cac8c8c0cbd1d6e5cbcac4c48bc2cad3">[email protected]</span></a>. Include in the summary of your email
``Comment SONCC EA'', 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 by the applicable deadlines. 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).
The draft Salmon FMP, as amended through Amendment 23, with
notations showing how Amendment 23 would change the Salmon FMP, if
approved, is available on the NMFS website at <a href="https://www.fisheries.noaa.gov/action/fisheries-west-coast-states-west-coast-salmon-fisheries-amendment-23-pacific-coast-salmon?check_logged_in=1">https://www.fisheries.noaa.gov/action/fisheries-west-coast-states-west-coast-salmon-fisheries-amendment-23-pacific-coast-salmon?check_logged_in=1</a>.
The Council and NMFS prepared a draft Environmental Assessment. An
electronic copy of this document may be obtained from the West Coast
Regional Office website at <a href="https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents">https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents</a>.
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) off 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.
Publication occurs on or before the fifth day after the day on which a
Council transmits to the Secretary a FMP or plan amendment. This
document announces that proposed Amendment 23 to the Salmon FMP is
available for public review and comment. NMFS will consider the public
comments received during the comment period described above in
determining whether to approve, partially approve, or disapprove
Amendment 23 to the Salmon FMP.
In 2018, the Hoopa Valley Tribe filed a lawsuit alleging a failure
by NMFS to reinitiate Endangered Species Act (ESA) consultation
regarding the impacts of ocean salmon fisheries on the SONCC Coho
Salmon ESU. Coho salmon in the ESU are listed under the ESA and are
caught incidentally in ocean salmon fisheries primarily targeting
Chinook salmon. In March 2020, the parties reached a stipulated
agreement to stay the litigation provided certain conditions were met,
including a timeline by which NMFS would confer with the Council on
completion of a new SONCC coho salmon harvest control rule (HCR) and a
timeline for ESA consultation, as warranted on the effects of the
control rule. HCRs guide how the Council develops annual management
measures for ocean salmon fisheries.
In June 2020, the Council established the ad-hoc SONCC Coho Salmon
Workgroup (Workgroup) and tasked it to develop a new control rule for
the SONCC Coho Salmon ESU for Council consideration. In January 2022,
based on the Workgroup's analysis,\1\ the Council recommended two HCRs
for the SONCC Coho Salmon ESU, developed through the Council process,
for consideration by NMFS. In April 2022, NMFS completed an ESA
consultation on NMFS's authorization of the ocean salmon fishery in the
west coast EEZ (3-200 nautical miles; 5.6-370.4 kilometers) through
approval of the FMP including proposed Amendment 23 and promulgation of
regulations implementing the FMP. NMFS
[[Page 50825]]
concluded that it would not jeopardize the ESU.
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\1\ The SONCC Workgroup's analysis report can be found on the
NMFS website: <a href="https://www.fisheries.noaa.gov/west-coast/partners/southern-oregon-northern-california-coast-coho-working-group">https://www.fisheries.noaa.gov/west-coast/partners/southern-oregon-northern-california-coast-coho-working-group</a>.
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If approved, Amendment 23 would replace the current HCR with two
new HCRs. The first would limit total fishery exploitation rates (ERs)
on each of five individual representative population units within the
SONCC coho salmon ESU to no more than 15 percent annually, except for
the Trinity River population unit (represented by the Upper Trinity
River, Lower Trinity River, and South Fork Trinity River populations).
The second HCR would 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 would 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 would not exceed the adopted HCRs. The estimated freshwater
impacts would 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 would be estimated for each year once
postseason harvest and abundance estimates become available. Coho-
directed salmon fisheries and retention of coho salmon in Chinook-
directed salmon fisheries would remain prohibited in the EZZ seaward of
California. Management measures implemented under Amendment 23 would 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.
All comments received by the end of the comment period (see DATES
and ADDRESSES above) will be considered in the Secretary's decision to
approve, disapprove, or partially approve Amendment 23. To be
considered in this decision, comments must be received by close of
business on the last day of the comment period; that does not mean
postmarked or otherwise transmitted by that date.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 15, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2022-17805 Filed 8-17-22; 8:45 am]
BILLING CODE 3510-22-P
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