[Federal Register Volume 64, Number 42 (Thursday, March 4, 1999)]
[Proposed Rules]
[Pages 10439-10440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5361]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 990219053-9053-01; I.D. 011999B]
RIN 0648-AK83
Fisheries off West Coast States and in the Western Pacific; West
Coast Salmon Fisheries; Amendment 13
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: The Secretary of Commerce (Secretary) requests public comments
on a proposed rule to implement Amendment 13 to the West Coast Salmon
Plan (FMP) in accordance with the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). Amendment 13 would change
the management of Oregon coastal natural (OCN) coho salmon (coho),
Oncorhynchus kisutch, by disaggregating the OCN stock into four
components, restricting total harvest exploitation rates to a maximum
of 35 percent, and linking increases in harvest rates to increases in
marine survival and proven reproductive success of the present brood
year. The only regulatory change that would be required is a technical
change to a provision regarding coho allocation south of Cape Falcon to
make it consistent with the new OCN harvest levels. The intended effect
of this proposed rule is to make the requisit technical change.
DATES: Written comments on the amendment must be received by March 29,
1999. Written comments on the proposed rule must be received by April
5, 1999.
ADDRESSES: Comments should be sent to William W. Stelle, Jr.,
Administrator, Northwest Region, National Marine Fisheries Service,
7600 Sand Point Way NE., BIN C15700-Bldg. 1, Seattle, WA 98115-0070, or
William T. Hogarth, Administrator, Southwest Region, National Marine
Fisheries Service, 501 West Ocean Blvd., Suite 4200, Long Beach, CA
90802-4213. Copies of the amendment, including the environmental
assessment and the regulatory impact review/initial regulatory
flexibility analysis, the Amendment 13 Issues Attachment, and the
Oregon Department of Fish and Wildlife (ODFW)/NMFS risk assessment for
the Oregon Coastal Salmon Restoration Initiative (OCSRI) are available
from Lawrence D. Six, Executive Director, Pacific Fishery Management
Council, Metro Center, Suite 420, 2000 SW. First Avenue, Portland, OR
97201-5344.
FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206- 526-6140,
Svein Fougner at 562-980-4040, or Lawrence D. Six at 503-326-6352.
SUPPLEMENTARY INFORMATION:
Background
The Pacific Fishery Management Council (Council) developed the FMP,
and the Secretary approved it under the Magnuson-Stevens Act, 16 U.S.C.
1801 et seq., in 1978. Since then, the FMP has been amended 12 times,
with implementing regulations codified at 50 CFR part 660, subpart H.
From 1979 to 1983, the FMP was amended annually. In 1984, a framework
amendment was implemented that provided the mechanism for making
preseason and inseason adjustments in the regulations without annual
amendments.
The Council prepared Amendment 13 to the FMP under the provisions
of the Magnuson-Stevens Act and submitted it on January 15, 1999, for
Secretarial review. NMFS published a notice of availability for
Amendment 13 in the Federal Register on January 27, 1999, announcing a
public 60-day comment period.
This proposed amendment resulted from an intensive effort by the
State of Oregon, led by the Governor, to develop the OCSRI. The OCSRI
was intended to restore coastal coho populations and to prevent the
need for listing the stock under the Endangered Species Act (ESA).
While the OCN coho have since been listed as threatened, NMFS considers
the OCSRI important for the recovery of the stock. The ODFW proposed
Amendment 13 to the Council to implement the fisheries management
provisions of the OCSRI throughout both state and Federal waters
wherever OCN coho are harvested. The amendment would manage OCN coho on
the basis of exploitation rates, not spawner escapement objectives. The
determination of appropriate exploitation rates is based on the habitat
production potential, incorporating the effects on the stocks of the
condition of both freshwater and marine environments. This
determination relies heavily on habitat-based assessment and modeling
of OCN coho production. One of the amendment's primary goals is to
remove fishery-related impacts as a significant impediment to the
recovery of depressed OCN coho and to allow rebuilding the component
population subgroups to higher levels.
Although Amendment 13 would change the management goals for OCN
coho, the major provisions of this amendment would not be codified
because the salmon escapement goals are in the FMP rather than in the
codified regulations. Therefore, the modification of the OCN escapement
goals requires only a minor modification of the regulations that
explain that the coho allocation provisions for south of Cape Falcon
apply only when coho abundance allows a directed harvest of coho. The
existing regulatory language is tied to the existing level of harvest
allowed on OCN coho. The proposed rule would change the language to be
more generic and accurate.
Implementation of Amendment 13 would require minor changes to the
regulatory language in 50 CFR part 660.
Classification
Section 304(a)(1)(D) of the Magnuson-Stevens Act, as amended,
requires the Secretary to publish regulations proposed by a Council
within 15 days of receipt of the amendment and regulations. At this
time, the Secretary has not yet determined that the amendment these
rules would implement is consistent with the national standards, other
provisions of the Magnuson-Stevens Act, and other applicable law. The
Secretary, in making that determination, will take into account the
data, views, and comments received during the comment period.
The Assistant General for Legislation and 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 as follows:
This proposed rule would make minor modifications to regulatory
language to clarify that the existing regulatory allocations apply
only when there are sufficient coho for directed harvest. This
modification will not result in any changes to the current
management of the fisheries and thus will have no economic impacts
on any small entities.
The Council prepared a regulatory impact review (RIR) and an
initial regulatory flexibility analysis (IRFA) on
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the portions of the plan amendment that are not codified in this rule.
The RIR and IRFA are incorporated in the Amendment 13 document and may
be obtained from the Council (see ADDRESSES).
The Council prepared an environmental assessment for this amendment
that concludes there will be no significant impact on the environment
as a result of the amendment or this rule. The environmental assessment
has been incorporated in the Amendment 13 document and may be obtained
from the Council (see ADDRESSES).
NMFS prepared an Issues Attachment, which summarizes and responds
to comments from the Council's technical teams and Council members
regarding the plan amendment (see ADDRESSES).
List of Subjects in 50 CFR Part 660
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian Natives, Indians, Northern Marianas Islands,
Reporting and recordkeeping requirements.
Dated: March 1, 1999.
For the reasons set forth in the preamble, 50 CFR part 660 is
proposed to be amended as follows:
PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN
PACIFIC
1. The authority citation for part 660 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 660.408, paragraph (c)(2)(iv) is revised to read as
follows:
Sec. 660.408 Annual actions.
* * * * *
(c) * * *
(2) * * *
(iv) Oregon coastal natural coho. The allocation provisions in
(c)(2) of this section provide guidance only when coho abundance
permits a directed coho harvest, not when the allowable harvest impacts
are insufficient to allow coho retention south of Cape Falcon. At such
low levels, allowable harvest impacts will be allocated during the
Council's preseason process.
* * * * *
[FR Doc. 99-5361 Filed 3-3-99; 8:45 am]
BILLING CODE 3510-22-F
