Fisheries Off West Coast States; West Coast Salmon Fisheries; Amendment 21 to the Pacific Coast Salmon Fishery Management Plan, 29544-29545 [2021-11540]

Download as PDF jbell on DSKJLSW7X2PROD with PROPOSALS 29544 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules unilaterally, including but not limited to, the use of conditions intended to reopen a certification (‘‘reopeners’’). Among other issues, EPA is concerned that the rule’s prohibition of modifications may limit the flexibility of certifications and permits to adapt to changing circumstances. EPA is interested in stakeholder feedback on modifications and ‘‘reopeners,’’ including but not limited to, whether the statutory language in CWA Section 401 supports modification of certifications or ‘‘reopeners,’’ the utility of modifications (e.g., specific circumstances that may warrant modifications or ‘‘reopeners’’), and whether there are alternate solutions to the issues that could be addressed by certification modifications or ‘‘reopeners’’ that can be accomplished through the federal licensing or permitting process. 8. Neighboring jurisdictions. The rule addresses the so-called ‘‘neighboring jurisdiction’’ process in CWA Section 401(a)(2), including interpreting the timeframe in which a federal agency must notify EPA for purposes of Section 401(a)(2) and providing process requirements for the agency’s analysis and the neighboring jurisdictions’ review and response. EPA is interested in stakeholder feedback on the neighboring jurisdiction process, including but not limited to, whether the agency should elaborate in regulatory text or preamble on considerations informing its analysis under CWA Section 401(a)(2), whether the agency’s decision whether to make a determination under CWA Section 401(a)(2) is wholly discretionary, and whether the agency should provide further guidance on the Section 401(a)(2) process that occurs after EPA makes a ‘‘may affect’’ determination. 9. Data and other information. EPA is interested in receiving any data or information from stakeholders about the application of the 401 Certification Rule, including but not limited to, impacts of the rule on processing certification requests, impacts of the rule on certification decisions, and whether any major projects are anticipated in the next few years that could benefit from or be encumbered by the 401 Certification Rule’s proceedural requirements. Additionally, EPA is interested in stakeholder feedback about existing state CWA Section 401 procedures, including whether the agency should consider the extent to which any revised rule might conflict with existing state CWA Section 401 procedures and place a burden on those states to revise rules in the future. VerDate Sep<11>2014 17:35 Jun 01, 2021 Jkt 253001 10. Implementation coordination. EPA is interested in hearing from stakeholders about facilitiating implementation of any rule revisions. For example, given the relationship between federal provisions and state processes for water quality certification, should EPA consider specific implementation timeframes or effective dates to allow for adoption and integration of water quality provisions at the state level. Similarly, EPA is interested in receiving feedback on whether concomitant regulatory changes should be proposed and finalized simultaneously by relevant federal agencies (e.g., the Army Corps of Engineers, Federal Energy Regulatory Commission) so that implementation of revised water certification provisions would be more effectively coordinated and would avoid circumstances where regulations could be interpreted as inconsistent with one another. Outreach EPA is aware that CWA Section 401 and the 401 Certification Rule are of interest to many states, tribes, federal agencies, project proponents, and the public because of the relationship between water quality certifications and federal licensing and permitting processes. As a result, EPA wants to ensure that it has the opportunity to consider stakeholder input prior to revising the 401 Certification Rule. EPA intends to have multiple webinar-based listening sessions to solicit feedback on potential approaches to revise the 401 Certification Rule. During these listening sessions, EPA will provide background information on the prior rulemaking effort. Stakeholders will have the opportunity to provide input to EPA on the topics provided above and any other relevant information on the 401 Certification Rule for the agency’s consideration. Information on the listening session dates, times, and registration instructions will be made available on EPA’s website, located at https://www.epa.gov/cwa-401. Persons or organizations wishing to provide verbal input during a listening session will be selected on a first-come, firstserved basis, with consideration given to hearing from different stakeholder groups. Due to the expected number of participants, individuals will be asked to limit their oral presentation to three minutes. Further instructions on signing up and participating in listening sessions will be made available on EPA’s website above at a later date. Supporting materials and written feedback from those who do not have an PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 opportunity to speak can be submitted to the docket as described above. Michael S. Regan, Administrator. [FR Doc. 2021–11513 Filed 6–1–21; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [RTID 0648–XA696] Fisheries Off West Coast States; West Coast Salmon Fisheries; Amendment 21 to the Pacific Coast Salmon Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Announcement of availability of fishery management plan amendment; request for comments. AGENCY: The Pacific Fishery Management Council (Council) has submitted Amendment 21 to the Pacific Coast Salmon Fishery Management Plan (FMP) to the Secretary of Commerce for review. If approved, Amendment 21 would set an annual Chinook salmon abundance threshold below which the Council and NMFS would implement specific management measures, through the annual ocean salmon management measures, to limit ocean salmon fishery impacts on the availability of Chinook salmon as prey for endangered Southern Resident killer whales (SRKW). DATES: Comments on Amendment 21 must be received by August 2, 2021. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2021–0006, by the following method: • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter NOAA– NMFS–2021–0006 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 SUMMARY: E:\FR\FM\02JNP1.SGM 02JNP1 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules posted for public viewing on www.regulations.gov 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 FMP, as amended through Amendment 21, with notations showing how Amendment 21 would change the FMP, if approved, is available on the NMFS website at https:// www.fisheries.noaa.gov/action/ amendment-21-pacific-coast-salmonfishery-management-plan. 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 https:// www.fisheries.noaa.gov/west-coast/ laws-and-policies/west-coast-regionnational-environmental-policy-actdocuments. FOR FURTHER INFORMATION CONTACT: Jeromy Jording at 360–763–2268. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with PROPOSALS 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 Pacific Coast Salmon Fishery Management Plan (FMP). The Magnuson-Stevens Fishery Conservation and Management Act (MSA) requires that each regional fishery management council submit any FMP or plan amendment it prepares to NMFS for review and approval, disapproval, or partial approval by the Secretary of Commerce (Secretary). The MSA also requires that NMFS, upon receiving an FMP or amendment, immediately publish a notice that the FMP or amendment is available for public review and comment. This document announces that proposed Amendment 21 to the FMP is available VerDate Sep<11>2014 17:35 Jun 01, 2021 Jkt 253001 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 21 to the FMP. Amendment 21 was developed by the Council to address impacts of the fisheries managed under the FMP on Chinook salmon as prey for the SRKW distinct population segment of Orcinus orca, which is listed as endangered under the Endangered Species Act (ESA). The development of Amendment 21 was informed by the risk assessment prepared by the Council’s ad hoc SRKW Workgroup.1 The risk assessment identified Chinook salmon as the primary prey of SRKW. Chinook salmon, as well as coho salmon, are targeted in ocean salmon fisheries managed under the FMP. The Workgroup also identified a range of potential management measure the Council could take to limit ocean salmon fishery impacts to Chinook salmon prey availability for SRKW. The Council considered the Workgroup recommendations in the development of Amendment 21. If approved, Amendment 21 would establish a threshold for annual Chinook salmon abundance below which additional management measures would be implemented to limit the effects of the fisheries on SRKW. This low abundance threshold is defined as October 1 projections of Chinook salmon abundance in the area from the U.S./Canada border to Cape Falcon, OR, prior to salmon fisheries occurring in the EEZ (referred to as time step 1 (TS1)). If an annual forecast for this abundance is less than the arithmetic mean of the seven lowest years of TS1 starting abundance during the period 1992–2016 (1994–1996, 1998–2000 and 2007), currently calculated as 966,000 Chinook salmon, management responses 1 The SRKW Workgroup’s risk assessment report can be found on the Council’s website: https:// www.pcouncil.org/documents/2020/05/e-2-srkwworkgroup-report-1-pacific-fishery-managementcouncil-salmon-fishery-management-plan-impactsto-southern-resident-killer-whales-risk-assessmentelectronic-only.pdf/. PO 00000 Frm 00016 Fmt 4702 Sfmt 9990 29545 would be implemented through the annual management measures for ocean salmon fisheries. The management measures include a limit on the annual quota in non-tribal commercial fisheries north of Cape Falcon, Oregon, shifting quota for Chinook salmon catch north of Cape Falcon, Oregon, from the spring time period when the available information indicates the whales experience greater overlap with salmon fisheries to the summer time period, and time and area closures in times and areas for which current data indicate greater foraging use by the killer whales (see proposed FMP language for detail). The goal for the Amendment 21 management responses is to limit ocean salmon fishery impacts on foraging opportunities for SRKW on Chinook salmon in years of low Chinook salmon abundance. Management measures implemented under Amendment 21 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. Because Amendment 21 will be implemented through the annual management measures for the ocean salmon fishery, NMFS is not promulgating an implementing rule at this time. All comments received by the end of the comment period on Amendment 21 (see DATES and ADDRESSES above) will be considered in the Secretary’s decision to approve, disapprove, or partially approve this amendment. 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: May 26, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–11540 Filed 6–1–21; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\02JNP1.SGM 02JNP1

Agencies

[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Proposed Rules]
[Pages 29544-29545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11540]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[RTID 0648-XA696]


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
Amendment 21 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; request for comments.

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

SUMMARY: The Pacific Fishery Management Council (Council) has submitted 
Amendment 21 to the Pacific Coast Salmon Fishery Management Plan (FMP) 
to the Secretary of Commerce for review. If approved, Amendment 21 
would set an annual Chinook salmon abundance threshold below which the 
Council and NMFS would implement specific management measures, through 
the annual ocean salmon management measures, to limit ocean salmon 
fishery impacts on the availability of Chinook salmon as prey for 
endangered Southern Resident killer whales (SRKW).

DATES: Comments on Amendment 21 must be received by August 2, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0006, by the following method:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2021-0006 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

[[Page 29545]]

posted for public viewing on www.regulations.gov 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 FMP, as amended through Amendment 21, with notations 
showing how Amendment 21 would change the FMP, if approved, is 
available on the NMFS website at https://www.fisheries.noaa.gov/action/amendment-21-pacific-coast-salmon-fishery-management-plan.
    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 https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents.

FOR FURTHER INFORMATION CONTACT: Jeromy Jording at 360-763-2268.

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 Pacific Coast Salmon Fishery 
Management Plan (FMP). The Magnuson-Stevens Fishery Conservation and 
Management Act (MSA) requires that each regional fishery management 
council submit any FMP or plan amendment it prepares to NMFS for review 
and approval, disapproval, or partial approval by the Secretary of 
Commerce (Secretary). The MSA also requires that NMFS, upon receiving 
an FMP or amendment, immediately publish a notice that the FMP or 
amendment is available for public review and comment. This document 
announces that proposed Amendment 21 to the 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 21 to the FMP.
    Amendment 21 was developed by the Council to address impacts of the 
fisheries managed under the FMP on Chinook salmon as prey for the SRKW 
distinct population segment of Orcinus orca, which is listed as 
endangered under the Endangered Species Act (ESA). The development of 
Amendment 21 was informed by the risk assessment prepared by the 
Council's ad hoc SRKW Workgroup.\1\ The risk assessment identified 
Chinook salmon as the primary prey of SRKW. Chinook salmon, as well as 
coho salmon, are targeted in ocean salmon fisheries managed under the 
FMP. The Workgroup also identified a range of potential management 
measure the Council could take to limit ocean salmon fishery impacts to 
Chinook salmon prey availability for SRKW. The Council considered the 
Workgroup recommendations in the development of Amendment 21.
---------------------------------------------------------------------------

    \1\ The SRKW Workgroup's risk assessment report can be found on 
the Council's website: https://www.pcouncil.org/documents/2020/05/e-2-srkw-workgroup-report-1-pacific-fishery-management-council-salmon-fishery-management-plan-impacts-to-southern-resident-killer-whales-risk-assessment-electronic-only.pdf/.
---------------------------------------------------------------------------

    If approved, Amendment 21 would establish a threshold for annual 
Chinook salmon abundance below which additional management measures 
would be implemented to limit the effects of the fisheries on SRKW. 
This low abundance threshold is defined as October 1 projections of 
Chinook salmon abundance in the area from the U.S./Canada border to 
Cape Falcon, OR, prior to salmon fisheries occurring in the EEZ 
(referred to as time step 1 (TS1)). If an annual forecast for this 
abundance is less than the arithmetic mean of the seven lowest years of 
TS1 starting abundance during the period 1992-2016 (1994-1996, 1998-
2000 and 2007), currently calculated as 966,000 Chinook salmon, 
management responses would be implemented through the annual management 
measures for ocean salmon fisheries. The management measures include a 
limit on the annual quota in non-tribal commercial fisheries north of 
Cape Falcon, Oregon, shifting quota for Chinook salmon catch north of 
Cape Falcon, Oregon, from the spring time period when the available 
information indicates the whales experience greater overlap with salmon 
fisheries to the summer time period, and time and area closures in 
times and areas for which current data indicate greater foraging use by 
the killer whales (see proposed FMP language for detail). The goal for 
the Amendment 21 management responses is to limit ocean salmon fishery 
impacts on foraging opportunities for SRKW on Chinook salmon in years 
of low Chinook salmon abundance. Management measures implemented under 
Amendment 21 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.
    Because Amendment 21 will be implemented through the annual 
management measures for the ocean salmon fishery, NMFS is not 
promulgating an implementing rule at this time.
    All comments received by the end of the comment period on Amendment 
21 (see DATES and ADDRESSES above) will be considered in the 
Secretary's decision to approve, disapprove, or partially approve this 
amendment. 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: May 26, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-11540 Filed 6-1-21; 8:45 am]
BILLING CODE 3510-22-P
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