[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10721]
[[Page Unknown]]
[Federal Register: May 4, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Part 661
[Docket No. 940120-4123, I.D. 011094A]
RIN 0648-AE05
Ocean Salmon Fisheries Off the Coasts of Washington, Oregon, and
California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: The Secretary of Commerce issues this final rule to implement
Amendment 11 (Amendment) to the Fishery Management Plan for Commercial
and Recreational Salmon Fisheries Off the Coasts of Washington, Oregon,
and California (FMP). The Amendment modifies the spawning escapement
goal for Oregon coastal natural (OCN) coho salmon and the criteria for
establishing and managing subarea allocations for recreational coho
salmon harvest south of Cape Falcon, OR. The Amendment is intended to:
(1) Address persistent low OCN coho stock abundance and annual
escapement goals below maximum sustainable yield (MSY), (2) prevent
imbalances in recreational coho harvest allocation at low allowable
harvest levels, and (3) prevent the frequent use of emergency
rulemaking to implement annual management measures.
EFFECTIVE DATE: April 29, 1994.
ADDRESSES: Copies of the Amendment, including the environmental
assessment and the regulatory impact review/initial regulatory
flexibility analysis, are available from Lawrence D. Six, Executive
Director, Pacific Fishery Management Council (PFMC), Metro Center,
Suite 420, 2000 SW. First Avenue, Portland, OR 97201-5344.
FOR FURTHER INFORMATION CONTACT: William L. Robinson (Northwest Region,
NMFS) at 206-526-6140, Rodney R. McInnis (Southwest Region, NMFS) at
310-980-4040, or Lawrence D. Six (PFMC) at 503-326-6352.
SUPPLEMENTARY INFORMATION: The ocean salmon fisheries in the exclusive
economic zone of the United States (3 to 200 miles offshore) in the
Pacific Ocean off the coasts of Washington, Oregon, and California are
managed under the FMP. The FMP was developed by the Pacific Fishery
Management Council (Council) under the Magnuson Fishery Conservation
and Management Act, 16 U.S.C. 1801 et seq. (Magnuson Act), and approved
by the Secretary of Commerce (Secretary) in 1978. Since then, the FMP
has been amended 10 times, with implementing regulations codified at 50
CFR part 661. 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. Amendments to the framework FMP were implemented in
1987, 1988, 1989, and 1991.
The Council prepared the Amendment to the FMP and submitted it to
the Secretary for approval under the provisions of the Magnuson Act. On
January 10, 1994, the Secretary began formal review of the Amendment. A
notice of availability and a proposed rule were published in the
Federal Register on January 21, 1994 (59 FR 3327), and February 2, 1994
(59 FR 4895), respectively. The preamble for the proposed rule
discussed the rationale for the proposed amendment. The comment period
on the Amendment ended March 10, and on the proposed rule March 21,
1994; two written comments were received. The Amendment was approved on
April 6, 1994.
As implemented by this final rule, the Amendment modifies the
spawning escapement goal for OCN coho salmon. The OCN coho stock is
composed of naturally produced coho salmon from Oregon coastal streams.
OCN coho are important contributors to the ocean harvest, as the stock
aggregate constitutes the largest component of naturally produced coho
caught in ocean salmon fisheries off Oregon and California.
The modified escapement goal is intended to achieve an aggregate
OCN adult spawning density of 42 naturally spawning adults per mile in
standard index survey areas each year. The standard index survey areas
are 48 different stream sections that have been surveyed by the Oregon
Department of Fish and Wildlife (ODFW) each year since 1950. Under the
current methods used by ODFW, the spawners in the standard index area
are extrapolated for 4,764 miles of coastal spawning habitat. This
translates to a numerical spawning escapement goal of 200,000. The
original FMP spawning escapement goal of 200,000 was based on this
extrapolation. This number of adult spawners per mile was documented as
the estimated MSY spawning escapement level in an ODFW study of coastal
stream spawning escapements and subsequent production from 1950 to
1980.
The Amendment also provides that when OCN coho abundance is
forecast to be less than 125 percent of the annual numerical escapement
goal, or below 250,000 fish at the present spawner escapement goal of
200,000 adults, an incidental exploitation rate of up to 20 percent
will be allowed for ocean and freshwater fisheries targeting on non-OCN
coho salmon stocks.
When the predicted OCN coho spawning escapement is 28 or less
adults per mile in standard index areas, the Council may allow only an
incidental exploitation rate of up to 20 percent. The Council will
evaluate the actual level of incidental harvest of OCN coho that might
be expected to occur in fisheries for chinook salmon and non-OCN coho
salmon and will recommend only the minimum incidental harvest rate
necessary to prosecute other fisheries, provided that that rate will
cause no irreparable harm to the OCN coho stock.
The Amendment also modifies the criteria for establishing and
managing subarea allocations for recreational coho salmon harvest south
of Cape Falcon, OR, when the allowable recreational coho allocation for
the entire area is equal to or less than 167,000 fish. The Amendment
establishes two subareas with independent impact quotas to ensure that
a large southward shift in the recreational harvest does not occur. Of
the total recreational allocation, the subarea from Cape Falcon to
Humbug Mountain, Oregon, receives 70 percent and the subarea south of
Humbug Mountain receives 30 percent, the purpose being to avoid large
deviations from historical harvest shares. The two subareas will be
managed for their respective impact quotas; the recreational fisheries
for coho salmon in each area may be closed upon attainment of the quota
except for the area south of Point Arena, California (38 deg.57'30'' N.
lat.). South of Humbug Mountain, there are two additional conditions:
(1) An impact guideline of 3 percent of the overall recreational
allocation south of Cape Falcon will be applied from Horse Mountain to
Point Arena, California; and (2) the recreational fishery for coho
salmon will not be closed south of Point Arena, even if the fishery
between Humbug Mountain and Point Arena is closed, upon projected
attainment of the south of Humbug Mountain impact quota; but the
projected harvest through the end of the year will be included in the
south of Humbug Mountain impact quota. Quota transfers between subareas
are allowed on a one-for-one basis, but only if chinook constraints
preclude access to coho.
At its March 8-11, 1994, meeting the Council considered and adopted
management options for annual ocean salmon fisheries under the
assumption that the Amendment and its implementing regulations would be
in place when coastwide ocean salmon fishing seasons open on May 1,
1994, as regularly scheduled. During this meeting, the Council
clarified its intent regarding the fishing allowed when the spawner
escapement is less than or equal to 28 coho per mile in the standard
index areas. Under the existing plan, no fishing would have been
allowed at that level of spawner escapement. This is a standard that is
more restrictive than under the Endangered Species Act (ESA), which
allows some incidental take of listed stocks. Therefore, the Amendment
will allow an incidental exploitation rate of up to 20 percent that
will provide only the minimum incidental harvest necessary to prosecute
other fisheries, and that under no circumstances will cause irreparable
harm to the OCN coho stock. This standard of the minimum incidental
harvest and no irreparable harm replaces other allocative measures in
the plan regarding OCN coho at spawner escapement levels at or below 28
spawners per mile.
Implementation of the Amendment requires changes to the regulatory
language in the Appendix to 50 CFR part 661. The only change to the
proposed regulations published on February 2, 1994, clarifies this
issue of allocation at low spawner levels by adding language in
paragraph 2(b)(i) of Appendix section II.B.
Comments and Responses
Two written comments on the Amendment were submitted representing
three individuals and two organizations, the Environmental Defense Fund
and the Northwest Forest Resource Council.
Comment: The spawning escapement goal proposed in the Amendment and
the proposed rule does not adequately reflect documented declines in
fish size, fecundity, survival rates, ocean production, and rainfall
since 1979. The spawning escapement goal of 200,000 adults is most
likely inadequate.
Response: The OCN coho stock has been the subject of ongoing review
under the Council management process, which requires using the best
scientific information and methodology available. There are several
reasons for the consistent and significant depression in the OCN coho
stock, but determination of a primary cause is not currently possible
given the inadequacies in the information available on the stock and
its habitat. Additional studies may provide a better definition of the
total OCN coho spawning population. The ODFW is currently in the fourth
year of a 5-year study of the methodology used in estimating OCN coho
escapements. The results of that study, coupled with any additional
biological data, will be used to develop a biologically sounder OCN
coho escapement goal. Implementation of the Amendment does not hinder
further investigations on the appropriateness of the numerical goal of
200,000 adults. The proposed rule anticipated revision to the spawning
escapement goal, including the 200,000 number, by describing the
processes by which the goal would be revised. If the estimated total
number of spawners at the MSY level that is calculated by extrapolating
from the 42 adults per mile in the standard index survey areas is
revised, further changes to the FMP or its implementing regulations
would not be necessary. If the number (42) of adult spawners per mile
in the standard index survey areas is revised, the FMP would need to be
amended. The framework in 50 CFR part 661, Appendix IV.B. provides for
the modification of escapement goals based on technical evidence.
Comment: Individual escapement goals should be set for the
northern, central, and southern regional aggregates of OCN coho stocks.
Response: The Salmon Technical Team has expressed its concern that
the unequal distribution of spawners along the Oregon coast may be an
important factor in recent OCN stock status declines. The Council
recognizes the problem, but there are insufficient data at this time to
implement separate escapement goals by subdividing the OCN stock
aggregate. This matter will be subject to further analysis.
Comment: The escapement goal should be increased by 10 percent to
hedge against impacts of harvest on genetic diversity and ecosystem
integrity.
Response: The 200,000-fish MSY escapement goal has not been met for
a number of years, and does not appear to be attainable in 1994.
Because the goal represents an optimal production level and not a
conservation threshold, it provides for substantial genetic diversity.
Although there does not appear to be a statistical basis for any
particular level of additional conservatism, NMFS agrees that, when
stock sizes are such that the number of spawners is forecast to be
below 28 per mile when directed fisheries are not allowed, substantial
conservatism should be used when allowing incidental impacts for other
fisheries.
Comment: Allowable incidental take should be reduced to a maximum
of 10 percent to prosecute other fisheries, and should only be allowed
when abundance is between 225,000 and 150,000 fish. No incidental take
should be allowed that would result in escapement below the escapement
floor (28 spawners per mile) until scientific information establishes
that incidental take that violates the floor would not result in
irreparable harm.
Response: The maximum incidental exploitation rate of 20 percent
provides flexibility during the annual preseason management process for
structuring fishing seasons to access salmon stocks with allowable
harvest levels. Flexibility is also needed to account for harvest
impacts by fisheries outside the Council's purview (e.g., freshwater
fisheries and Canadian fisheries). NMFS will rely on the annual
management process to determine the appropriate level of allowable
incidental take. As with any management measure recommended by the
Council, NMFS will consider comments by the Council, its advisers, and
the public before implementing an incidental harvest rate. The Regional
Director will provide guidance to the Council on an appropriate rate
after consideration of the available information as supported by the
administrative record. The Council demonstrated its ability to exercise
harvest restraint on OCN coho, as in 1991, 1992, and 1993, when it
recommended emergency regulations to reduce the ocean harvest rate on
OCN coho from the levels set in Amendment 7 to the FMP. For the 1994
season, the Council recommended management measures with an incidental
harvest rate of 11 percent. The standard of the minimum incidental
harvest and no irreparable harm replaces other allocative measures in
the plan regarding OCN coho at spawner escapement levels at or below 28
spawners per mile.
Comment: A reduction in the body size of salmon could cause a
significant reduction in fish productivity and subsequent declines in
stock abundance. The direct relationship between fecundity and fish
size has been established in prior research. Yet the proposed spawning
escapement goal has not taken this relationship into account.
Response: The OCN spawning escapement goal is based on data from
many series of years. Body size and fecundity undoubtedly varied
depending on ocean feeding conditions, with returning spawners being
both above and below the average body size and fecundity for the time
series. The spawning escapement goal is based on average conditions,
which take into account this variability. Since fishery managers cannot
predict whether body size will be larger or smaller than normal prior
to the fish appearing in the catch and on the spawning grounds, it is
not practical to adjust either the fishing seasons or the annual
spawning escapement goals to account for body size. The spawning
escapement goal implemented by the Amendment assumes average conditions
and is set at a level to accommodate annual variations.
Comment: The Amendment fails to require measures or research for
reducing the incidental take of OCN coho.
Response: Measures for reducing the incidental take of OCN coho are
addressed during the annual process for setting management measures.
The Council is currently reviewing its list of research and data needs,
which includes improving estimates of commercial troll shaker
mortality. These estimates will be determined by contact rates in
various fisheries. The Council will continue to consider new
information as it becomes available, in developing ways to reduce this
mortality through gear selectivity or modification. The Council
determined that the Amendment provides the best approach at the present
time, given the currently available information.
Comment: The Amendment establishes OCN coho numerical annual
spawning escapement goals at the expense of remaining wild stocks of
coho salmon.
Response: The OCN spawning escapement goal implemented by this
amendment is based solely on wild fish. Current hatchery practices are
designed to discourage the intermixing of wild and hatchery stocks.
Although some intermixing probably occurs, it is thought to be a small
enough proportion of the total spawning population that it does not
adversely affect the production of wild coho salmon.
Comment: A supplemental environmental impact statement (SEIS) on
the FMP should be prepared incorporating new scientific information
concerning coho and other salmon since the last SEIS was prepared in
1984.
Response: The environmental assessment (EA) for the Amendment was
prepared in accordance with NOAA Administrative Order 216-6 on
Environmental Review Procedures. The Assistant Administrator for
Fisheries, NOAA (AA), reviewed the EA and concluded that this action
will not significantly affect the human environment. Therefore,
preparation of an SEIS is not required. While new information on salmon
stocks has been developed since the last SEIS, prepared for the
framework amendment to the FMP in 1984, there is not sufficient new
information specific to the OCN coho stock to warrant preparation of an
SEIS for this action. Under the ESA process, a thorough evaluation of
salmon stocks in Washington, Oregon, and California is being conducted
that may result in preparation of at least one SEIS for the FMP.
Classification
This rule has been determined to be ``not significant'' for
purposes of E.O. 12866.
The Assistant Administrator determined that this rule will have a
significant economic impact on a substantial number of small entities
for purposes of the Regulatory Flexibility Act. The Council prepared a
regulatory impact review (RIR) and an initial regulatory flexibility
analysis (IRFA) that are incorporated in the Amendment document and may
be obtained from the Council (see ADDRESSES). A summary of the RIR/IRFA
was published on February 2, 1994 (59 FR 4897). No public comments were
received relating to small entities and no changes were made in the
initial document. Therefore, the document will now serve as a final
regulatory flexibility analysis (FRFA).
The AA determined that this rule must be effective no later than
May 1, 1994, when coastwide ocean salmon fishing seasons are scheduled
to open. Therefore, it is impracticable and contrary to the public
interest to delay for 30 days the effective date of this final rule,
and the agency finds good cause to waive the delayed effectiveness
provision (5 U.S.C. 553(d)(3)) of the Administrative Procedure Act.
List of Subjects in 50 CFR Part 661
Fisheries, Fishing, Indians, Reporting and recordkeeping
requirements.
Dated: April 29, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 661 is amended
as follows:
PART 661--OCEAN SALMON FISHERIES OFF THE COASTS OF WASHINGTON,
OREGON, AND CALIFORNIA
1. The authority citation for part 661 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In the appendix to part 661, in section II.B., three new
sentences are added to the end of paragraph 2(b)(i), and a new
paragraph 2(b)(v) is added to read as follows:
Appendix
* * * * *
II. Annual Changes to Management Specifications
* * * * *
B. Procedures for Establishing and Adjusting Annual Management
Measures.
* * * * *
2. Allocation of ocean harvest levels.
* * * * *
(b) Coho south of Cape Falcon. (i) * * * The recreational
allowable ocean harvest will be distributed between the two major
recreational subareas when the recreational allocation is equal to
or less than 167,000 fish, in accordance with paragraph 2(b)(v) of
this appendix. At OCN spawning escapements of 28 or fewer adults per
mile, the allocation provisions of paragraph 2(b) of this appendix
do not apply. Fisheries will be established that will provide only
the minimum incidental harvest of OCN coho necessary to prosecute
other fisheries, and that under no circumstances will cause
irreparable harm to the OCN stock.
* * * * *
(v) When the recreational allocation is at 167,000 fish or less,
the total recreational allowable ocean harvest of coho will be
divided between two major subareas with independent impact quotas.
The initial allocation will be 70 percent from Cape Falcon to Humbug
Mountain and 30 percent south of Humbug Mountain. Coho transfers
between the two impact quotas may be permitted on a one-for-one
basis, if chinook constraints preclude access to coho. Horse
Mountain to Point Arena will be managed for an impact guideline of 3
percent of the south of Cape Falcon recreational allocation. The
recreational coho fishery between Humbug Mountain and Point Arena
may be closed when it is projected that the harvest impact between
Humbug Mountain and Point Arena, combined with the projected harvest
impact that will be taken south of Point Arena to the end of the
season, equals the impact quota for south of Humbug Mountain. The
recreational fishery for coho salmon south of Point Arena will not
close upon attainment of the south of Humbug Mountain impact quota.
* * * * *
3. In the appendix to part 661, in section IV.A., the table
``Summary of Specific Management Goals for Stocks in the Salmon
Management Unit'' is amended by revising the entry for Columbia River
and Oregon Coastal Coho and its footnote 4 to read as follows:
IV. Escapement Goals
A. * * *
Summary of Specific Management Goals for Stocks in the Salmon Management
Unit
------------------------------------------------------------------------
System Spawning escapement goal\1\
------------------------------------------------------------------------
*****
Columbia River and Oregon coastal natural (OCN) coho spawning
Oregon Coastal Coho. escapement is based on an aggregate density of 42
naturally spawning adults per mile in standard
index survey areas\4\
*****
------------------------------------------------------------------------
\1\Represents adult natural spawning escapement goal for viable natural
stocks or adult hatchery return goal for stocks managed for artificial
production.
*****
\4\At OCN stock sizes below 125 percent of the annual numerical
escapement goal, an exploitation rate of up to 20 percent will be
allowed for incidental impacts of the combined ocean troll, sport, and
freshwater fisheries. At OCN spawning escapements of 28 or fewer
adults per mile, an exploitation rate of up to 20 percent may be
allowed to provide only minimum incidental harvest to prosecute other
fisheries, provided the rate chosen will cause no irreparable harm to
the OCN stock.
*****
[FR Doc. 94-10721 Filed 4-29-94; 3:43 pm]
BILLING CODE 3510-22-P
