Fisheries Off West Coast States; West Coast Salmon Fisheries; Measures To Keep Fishery Impacts Within the Conservation Objective for the California Coastal Chinook Salmon, 30314-30318 [2024-08368]
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Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Proposed Rules
sturgeon at the species level will likely
remain similar to the current level of
effects (Service 2023, pp. 117–118).
While we expect dams and barriers to
continue to have a significant negative
effect on the lake sturgeon, we expect
the stocking programs occurring in six
of eight representation units in the
United States and three of four
designatable units in Canada to
continue until management objectives
are met; see the species assessment form
and SSA report for management
objectives (Service 2023, pp. 121–122).
These representation and designatable
units are generally trending upwards,
largely because of conservation efforts.
Due to a strong, long-term commitment
to reestablishment and supplementation
efforts by States and Tribes, we expect
these efforts to continue until such time
that they are no longer necessary.
Overall, we expect lake sturgeon
populations that are currently trending
upward to continue to trend upward in
the future, improving resiliency and
redundancy for the species. The species
current condition and positive trends
from ongoing conservation efforts
support species’ viability in the face of
environmental stochasticity and
potential catastrophic events.
There is much uncertainty regarding
how the lake sturgeon will respond to
changes in habitat due to climate
change. However, because of the
species’ relatively wide thermal
tolerance, ability to move, and ability to
adjust spawning phenology, the lake
sturgeon shows a high degree of
adaptability to climate change, although
that adaptability will likely be limited
by its ability to access suitable habitats.
Overall, we expect representation in the
future to remain similar to the current
condition and remain sufficient to adapt
to environmental changes.
In summary, the lake sturgeon is
projected to have: (1) increased
resiliency in populations with ongoing
conservation efforts, (2) highly and
moderately resilient populations
distributed throughout its range that
provide sufficient redundancy for the
species, and (3) the adaptive capacity to
withstand near-term and long-term
changes to the environment. After
assessing the best available information,
we conclude that the lake sturgeon is
not likely to become endangered within
the foreseeable future throughout all of
its range.
We also evaluated whether the lake
sturgeon is endangered or threatened in
a significant portion of its range. We
evaluated four portions (i.e., all analysis
units that are currently functionally
extirpated or have low overall resiliency
and designatable units in a remnant
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status, the Hudson Bay drainage, the
Atlantic drainage, and the Gulf of
Mexico drainage) and did not find them
to be significant because they are not
large geographic areas relative to the
range of the species as a whole and they
do not constitute habitat of high quality
or unique value relative to the
remaining portions of the range of lake
sturgeon. Because we did not find any
portion to be significant, we did not
evaluate whether any portion is in
danger of extinction either now or
within the foreseeable future. Therefore,
we did not find any portions of the lake
sturgeon’s range for which both (1) the
portion is significant; and (2) the species
is in danger of extinction in that
portion, either now or within the
foreseeable future. Thus, after assessing
the best available information, we
conclude that the lake sturgeon is not in
danger of extinction in a significant
portion of its range now, or within the
foreseeable future.
After assessing the best available
information, we concluded that the lake
sturgeon is not in danger of extinction
or likely to become in danger of
extinction within the foreseeable future
throughout all of its range or in any
significant portion of its range.
Therefore, we find that listing the lake
sturgeon as an endangered species or
threatened species under the Act is not
warranted. A detailed discussion of the
basis for this finding can be found in the
lake sturgeon species assessment form
and other supporting documents on
https://www.regulations.gov under
Docket No. FWS–R3–ES–2024–0022
(see ADDRESSES, above).
Peer Review
In accordance with our July 1, 1994,
peer review policy (59 FR 34270; July 1,
1994) and the Service’s August 22, 2016,
Director’s Memo on the Peer Review
Process, we solicited independent
scientific reviews of the information
contained in the lake sturgeon SSA
report. The Service sent the SSA report
to nine independent peer reviewers and
received three responses. Results of this
structured peer review process can be
found at https://www.regulations.gov
under Docket No. FWS–R3–ES–2024–
0022. We incorporated the results of
these reviews, as appropriate, into the
SSA report, which is the foundation for
this finding.
New Information
We request that you submit any new
information concerning the taxonomy
of, biology of, ecology of, status of, or
stressors to the lake sturgeon to the
person listed above under FOR FURTHER
INFORMATION CONTACT, whenever it
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becomes available. New information
will help us monitor this species and
make appropriate decisions about its
conservation and status. We encourage
local agencies and stakeholders to
continue cooperative monitoring and
conservation efforts.
References Cited
A list of the references cited in this
document is available on the internet at
https://www.regulations.gov under
Docket No. FWS–R3–ES–2024–0022 in
the species assessment form, or upon
request from the person listed above
under FOR FURTHER INFORMATION
CONTACT.
Authors
The primary authors of this document
are the staff members of the Species
Assessment Team, Ecological Services
Program.
Signing Authority
Martha Williams, Director of the U.S.
Fish and Wildlife Service, approved this
action on March 12, 2024, for
publication. On April 16, 2024, Martha
Williams authorized the undersigned to
sign the document electronically and
submit it to the Office of the Federal
Register for publication as an official
document of the U.S. Fish and Wildlife
Service.
Authority
The authority for this action is section
4 of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.).
Madonna Baucum,
Regulations and Policy Chief, Division of
Policy, Economics, Risk Management, and
Analytics of the Joint Administrative
Operations, U.S. Fish and Wildlife Service.
[FR Doc. 2024–08567 Filed 4–22–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 240410–0104]
RIN 0648–BM68
Fisheries Off West Coast States; West
Coast Salmon Fisheries; Measures To
Keep Fishery Impacts Within the
Conservation Objective for the
California Coastal Chinook Salmon
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Federal Register / Vol. 89, No. 79 / Tuesday, April 23, 2024 / Proposed Rules
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
This proposed rule would
implement a set of management
measures recommended by the Pacific
Fishery Management Council (Council)
to ensure fishery impacts on California
Coastal (CC) Chinook salmon, which are
listed as threatened under the
Endangered Species Act, remain within
the conservation objective in the
Council’s Pacific Coast Salmon Fishery
Management Plan (Salmon FMP). Under
the proposed rule, management tools
(e.g., trip limits (also known as landing
and possession limits) and inseason
management) consistent with the
provisions of the Salmon FMP would be
used to provide greater certainty in
avoiding exceedances of the
conservation objectives for CC Chinook
salmon.
DATES: Comments on this proposed rule
must be received on or before May 23,
2024.
ADDRESSES: A plain language summary
of this proposed rule is available at
https://www.regulations.gov/docket/
NOAA-NMFS-2024-0009. You may
submit comments on this document,
identified by NOAA–NMFS–2024–0009,
by the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and type
NOAA–NMFS–2024–0009 in the Search
box (note: copying and pasting the
FDMS Docket Number directly from this
document may not yield search results).
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Instructions: 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 by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. 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 562–980–4239 or
Shannon.Penna@noaa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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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
Salmon FMP and implementing
regulations govern the development at
the spring (March and April) Council
meetings each year of annual
management measures. Management
measures for the salmon fisheries are
developed annually because the
abundance of the salmon stocks in the
fishery can fluctuate significantly from
one year to the next and information
about annual stock abundance does not
become available until early in each
year (January–early March).
The commercial and recreational
salmon fisheries off northern California
and southern Oregon target healthy or
abundant stocks of Chinook and coho
salmon, but may incidentally encounter
Endangered Species Act (ESA)-listed CC
Chinook salmon and other ESA-listed
species. The Salmon FMP includes
harvest controls that are used to manage
salmon stocks sustainably. The Salmon
FMP also requires that the Council
manage fisheries consistent with
‘‘consultation standards’’ for stocks
listed as endangered or threatened
under the ESA for which NMFS has
issued biological opinions. NMFS has
issued biological opinions for every
ESA-listed salmon species impacted by
the fisheries governed by the Salmon
FMP and reminds the Council of
requirements (i.e., consultation
standards) to maintain consistency with
those opinions in its annual guidance
letter to the Council regarding
development of the annual ocean
salmon management measures. To limit
the effects of CC Chinook salmon, ocean
salmon fisheries are managed to avoid
exceeding a conservation objective for
that stock.
The CC Chinook salmon
Evolutionarily Significant Unit (ESU)
has been listed as threatened under the
ESA since 1999. The conservation
objective for CC Chinook salmon is
described in the Salmon FMP.
Management of the fishery that avoids
exceedance of the conservation
objective has been analyzed in a series
of biological opinions (most recently, an
opinion issued in 2023), and has been
determined to avoid jeopardizing the
ESU (NMFS 2000; McInnis 2005; NMFS
2023; NMFS 2024). As described in
these consultations, the data are
insufficient for developing an ESUspecific conservation objective for CC
Chinook salmon. Thus, NMFS has relied
on a surrogate, Klamath River fall-run
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Chinook Salmon (KRFC), to evaluate
and limit impacts on CC Chinook
salmon in ocean salmon fisheries. The
conservation objective is an ocean
harvest rate (HR) on age-4 KRFC of 0.16.
In its 2024 biological opinion, NMFS
confirmed that managing fisheries to
avoid exceeding this conservation
objective would avoid jeopardy to CC
Chinook.
From 2018 to 2022, the fishery HR on
age-4 KRFC significantly exceeded 0.16
with an average of 0.28. Actions (e.g.,
adjustments to ocean management
models to account for these high catch
rates and managing to a lower rate than
the conservation objective) proved
insufficient to avoid exceedance and the
fisheries continued to exceed the
conservation objective for CC Chinook
salmon as well as impact limits on other
California Chinook salmon stocks. The
recent increases in the post-season
KRFC age-4 ocean HR from 2018
through 2021 suggests that the level of
impacts on CC Chinook salmon have
likely increased.
For 2023, the Council considered
additional measures to avoid another
exceedance of the CC Chinook
conservation objective. However, in
response to record low forecasts for
KRFC and Sacramento fall-run Chinook
salmon, the Council ultimately
recommended the closure of
commercial and recreational salmon
fisheries off the coast of California for
2023, and NMFS approved this closure.
The management measures for the
2023–2024 ocean salmon fishing season
include the potential use of landing and
possession limits in the commercial
salmon troll fishery and bag limits in
the recreational salmon fishery for the
March and April 2024 fisheries, should
salmon abundance forecasts for 2024
and Council discussion support use of
those measures. The projected KRFC
age-4 ocean HR of 0.003 for the 2023–
24 management measures, with the
fishery closures off California, resulted
from a low number of encounters of
KRFC salmon in fisheries north of
California.
The Council continued to explore
measures that could be taken to manage
the commercial salmon troll fishery to
address the source of the high catch
rates of KRFC and stay within the
conservation objective, thereby not
exceeding the conservation objective for
CC Chinook salmon. At the November
2023 Council meeting, the Council
adopted a set of management measures
to ensure that the CC Chinook salmon
conservation objective is not exceeded.
The management measures are intended
to ensure the fishery does not exceed
the conservation objective for CC
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Chinook by implementing management
tools (e.g., landing and possession
limits, an overall allowable harvest
level, inseason management) consistent
with the provisions of the Salmon FMP.
Measures To Achieve Conservation
Objectives for California Stocks of
Chinook Salmon
The proposed fishery management
measures are designed to ensure that the
post-season ocean HR for age-4 KRFC
does not exceed the conservation
objective of 0.16. These measures would
apply to the ocean salmon fisheries
between the Oregon/California border
and Pigeon Point, California.
The management measures included
in this rule are focused on the ocean
salmon fisheries off the coast of
California (i.e., California Klamath
Management Zone, Fort Bragg, San
Francisco, and Monterey management
areas) for the following reasons:
1. The majority of the KRFC harvest
(and assumed impacts on CC Chinook
salmon) in the ocean occurs in this area;
2. The age-4 ocean HR for KRFC in
this area has consistently exceeded preseason projections in recent years;
3. Contact-rate-per-unit-effort in this
area has exceeded projections in recent
years;
4. The fisheries in this area have been
managed primarily through season
controls such as time and area
restrictions (as opposed to use of
landing and possession limits and/or
quota management);
5. Time and area restrictions in this
area have not been effective in
controlling harvest of KRFC (and
assumed impacts on CC Chinook
salmon) in recent years; and,
6. Ocean fisheries in other areas that
impact KRFC routinely implement the
same or similar management measures
as described in these measures for a
similar purpose.
The rule would require
implementation of measures used in
salmon fisheries elsewhere on the West
Coast to ensure fisheries in the affected
area do not exceed the conservation
objective for CC Chinook salmon.
Historically, fisheries in the area
described above have been managed by
setting seasons and bag limits. In
addition, for this fishery there was no
overall limit on harvest or inseason
management. The Salmon FMP
contemplates that the Council and
NMFS will use a range of management
tools to ensure the fisheries are managed
to avoid exceeding all limits for stocks
caught in the various management areas
along the West Coast (FMP Chapter 6).
These management tools (e.g.,
management boundaries, seasons,
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quotas, minimum harvest lengths,
fishing gear restrictions, and
recreational day bag limits) are available
to manage ocean fisheries each season,
once the allowable ocean harvests and
the basis for allocation among user
groups have been determined. New
information on the fisheries and salmon
stocks also may require other
adjustments to the management
measures.
Under the proposed set of
management measures, annual
management measures for the fisheries
in the area described above will both be
designed pre-season and managed
inseason to stay within the objective.
NMFS may apply, and the Council may
recommend, a buffer to the conservation
objective to account for management
error and reduce the potential for
exceeding the conservation objective,
this buffer would be developed based on
the percent error of the pre-season
projected HR (as compared to the postseason HR) occurring over the most
recent 5 years and other relevant factors.
Fishery managers will compute an
allowable harvest level of Chinook
salmon for the year consistent with the
conservation objective (including the
buffer described above, if applicable).
Using the allowable harvest level and
projected effort, managers will
determine landing and possession limits
pre-season to ensure that the fishery
does not exceed the allowable harvest
level. The fishery will be monitored
inseason and actions will be taken as
needed to prevent the fisheries from
exceeding the annual harvest level. We
expect that this multilayered
conservative approach (i.e., a buffer,
fishery output control, and inseason
actions) will ensure that the fisheries
remain within the pre-season projection
and adhere to the CC Chinook salmon
conservation objective.
This proposed rule will also update
regulations to 50 CFR 660.405 and
660.410. In § 660.405, the term
‘‘possess’’ was added to provide
consistency to other prohibitions
throughout the regulations. With the
new regulation requiring submission of
fish tickets within 24 hours of landing,
the addition of the term ‘‘possess’’ will
ensure that fishers are not confused
about the requirements related to the
timing of catch and retention,
possession, or landings. Also, in
addition to the new management
measures at § 660.410, this proposed
rule would revise paragraph (c) by
adding the abbreviation KRFC to
address several new occurrences of
KRFC that did not exist before.
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Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the Salmon FMP, other provisions
of the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
There are no relevant Federal rules
that may duplicate, overlap, or conflict
with this action.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Council for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant adverse economic
impact on a substantial number of small
entities.
For purposes of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.)
only, NMFS has established a small
business size standard for businesses,
including their affiliates, whose primary
industry is commercial fishing (see 50
CFR 220.2). A business primarily
engaged in commercial fishing is
classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. This standard
applies to all businesses classified
under North American Industry
Classification System (NAICS) code
11411 for commercial fishing, including
all businesses classified as commercial
finfish fishing (NAICS 11411),
commercial shellfish fishing (NAICS
114112), and other commercial marine
fishing (NAICS 114119) businesses (50
CFR 200.2; 13 CFR 121.201).
This proposed rule would directly
affect the West Coast commercial troll
salmon fishery. Using the
Socioeconomic Assessment of the 2022
Ocean Salmon Fisheries (chapter IV) of
the Review of 2022 Ocean Salmon
Fisheries Stock Assessment and Fishery
Evaluation Document for the Pacific
Coast Salmon FMP the most recent year
of complete fishing data (2022), had 563
distinct commercial vessels land fish
caught in Washington, Oregon, and
California. The total coastwide ex-vessel
value was $22.2 million with California
achieving $17.1 million, Oregon $3.2
million, and Washington $1.8 million.
No vessel met the threshold to be
considered a large entity as defined
above. The preliminary number of
vessel-based ocean salmon recreational
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objective for over 5 years (table 1), this
regulation which is intended to bring
catch levels back down to the
conservation objective (0.16 HR on age4 KRFC), is expected to impose negative
economic effects on small businesses
relative to the last 5 years. The proposed
action does not change the management
objectives for CC Chinook, it is designed
to ensure that the fisheries do not
angler trips taken on the West Coast in
2022 was 264,200. All of those charter
businesses that are impacted are small
entities. Because all of the affected
entities are small, the management
measures in this proposed rule are not
expected to place small entities at a
significant disadvantage to large
entities.
Because businesses have been
harvesting over the conservation
exceed the objective using management
and tools that are allowed under the
Salmon FMP. The effects are not
quantifiable with available resources on
the timeline needed to implement this
rule to achieve conservation objectives.
However, NMFS invites comments on
this proposed rule with information
about costs to small entities.
TABLE 1—ESTIMATES OF OCEAN HARVEST RATES OF AGE-4 KRFC SALMON PRE- AND POSTSEASON IN RECENT YEARS
Year
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2017
2018
2019
2020
2021
2022
Preseason
age-4 harvest
rate forecast
Post-season
age-4 harvest
rate estimate
0.03
0.12
0.16
0.09
0.11
0.10
0.04
0.24
0.36
0.23
0.28
0.38
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.............................................................................................................................................
NMFS believes that this proposed rule
would not have a significant adverse
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
revisions to a collection-of-information
requirement subject to review and
approval by the Office of Management
and Budget under the Paperwork
Reduction Act. This rule revises the
existing requirements for the collection
of information 0648–0433 by adding a
requirement for submission of fish
tickets within 24 hours of landing.
Public reporting burden for fish ticket
submission is estimated to average 0
hours because the submission will
already be required by the California
Code of Regulations.
A formal section 7 consultation under
the ESA was initiated for the Salmon
FMP. In a biological opinion dated
February 29, 2024, NMFS determined
that fishing activities conducted under
the Salmon FMP and its implementing
regulations are not likely to jeopardize
the continued existence of any
endangered or threatened species under
the jurisdiction of NMFS or result in the
destruction or adverse modification of
critical habitat.
This proposed rule was developed
after meaningful consultation and
collaboration with the tribal
representative on the Council.
Authority: 16 U.S.C. 1801 et seq.
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Dated: April 15, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indians—lands,
Recreation and recreation areas,
Reporting and recordkeeping
requirements, Treaties.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 660 as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
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.
2. In § 660.405, revise paragraphs
(a)(1) and (a)(2) to read as follows:
■
§ 660.405
Prohibitions.
(a) * * *
(1) Take and retain, or possess, or
land salmon caught with a net in the
fishery management area, except that a
hand-held net may be used to bring
hooked salmon on board a vessel.
(2) Fish for, or take and retain, or
possess, any species of salmon:
(i) During closed seasons or in closed
areas;
(ii) While possessing on board any
species not allowed to be taken in the
area at the time;
(iii) Once any catch limit is attained;
(iv) By means of gear or methods
other than recreational fishing gear or
troll fishing gear, or gear authorized
under § 660.408(k) for treaty Indian
fishing;
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Pre/post for
years >16%
0.75
0.05
0.44
0.39
0.39
0.26
(v) In violation of any action issued
under this subpart; or,
(vi) In violation of any applicable
area, season, species, zone, gear, daily
bag limit, or length restriction.
*
*
*
*
*
■ 3. In § 660.410, revise paragraph (c)
and add paragraph (d) to read as
follows:
§ 660.410 Conservation objectives, ACLs,
and de minimis control rules.
*
*
*
*
*
(c) De minimis control rules. Klamath
River fall Chinook (KRFC) and
Sacramento River fall Chinook salmon
have the same form of de minimis
control rule described in the FMP,
which allows for limited fishing impacts
when abundance falls below SMSY. The
control rule describes maximum
allowable exploitation rates at any given
level of abundance. The annual
management measures may provide for
lower exploitation rates as needed to
address uncertainties or other yearspecific circumstances. The de minimis
exploitation rate in a given year must
also be determined in consideration of
the following factors:
(1) The potential for critically low
natural spawner abundance, including
considerations for substocks that may
fall below crucial genetic thresholds;
(2) Spawner abundance levels in
recent years;
(3) The status of co-mingled stocks;
(4) Indicators of marine and
freshwater environmental conditions;
(5) Minimal needs for tribal fisheries;
(6) Whether the stock is currently in
an approaching overfished condition;
(7) Whether the stock is currently
overfished;
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(8) Other considerations, as
appropriate; and
(9) Exploitation rates, including de
minimis exploitation rates, must not
jeopardize the long-term capacity of the
stock to produce maximum sustained
yield on a continuing basis. NMFS
expects that the control rule and
associated criteria will result in
decreasing harvest opportunity as
abundance declines and little or no
opportunity for harvest at abundance
levels less than half of MSST.
(d) Salmon Fisheries Affecting
California Coastal Chinook. Salmon
fisheries affecting this ESA-listed stock
are managed to meet the conservation
objective described in FMP table 3–1.
(1) The annual specifications and
management measures will include an
allowable harvest level expressed in
numbers of fish for these fisheries that
is projected, using the Klamath Ocean
Harvest Model and Sacramento Harvest
Model, to ensure fisheries do not exceed
the conservation objective. To
determine the allowable harvest level,
the Council and NMFS may use a
harvest rate that is lower than the
conservation objective (i.e., harvest rate
of 0.16) in order to address the potential
for exceeding the objective in a
particular year. The lower harvest rate
will be determined in two steps.
(i) In the first step, NMFS and the
Council will calculate the average
percent error for the previous 5 years,
and apply the average percent error to
the conservation objective. Only
positive percent error will be applied
because the intent is to keep the postseason harvest rate below 0.16.
(ii) In the second step, other relevant
factors affecting the preseason
assessment of the age-4 KRFC harvest
rate will be considered, such as
revisions to the fishery management
models used to estimate the preseason
Chinook catch, environmental
indicators relevant to the status of
KRFC, constraints on fisheries under
consideration for the areas and months
with greatest impacts to KRFC Chinook,
and the lower harvest rate may be
modified based on these factors.
(2) The annual specifications and
management measures will include the
following management measures to
ensure fisheries affecting California
Coastal Chinook do not exceed the
allowable harvest level.
(i) Landing and possession limits will
be used in the commercial troll fisheries
to keep fishery catch within the
allowable harvest level. Landing and
possession limits will be set for periods
not to exceed 1 week. Landing and
possession limits may vary from one
calendar month to the next but will be
VerDate Sep<11>2014
16:44 Apr 22, 2024
Jkt 262001
the same for periods within the same
calendar month.
(ii) A percentage of the allowable
harvest level (i.e., trigger) that will
require consideration of inseason action
to ensure that the allowable harvest
level is not exceeded will be set through
the annual management measures.
(iii) For the first 2 years after the
promulgation of this rule in which
salmon fishery occur in the EEZ off the
California coast, inseason actions will
only be used to further restrict harvest
(i.e., reduce landing limits, reduce time/
area, and close the fishery when the
allowable harvest level is projected to
have been met).
(3) Electronic fish tickets must be
submitted within 24 hours of landing to
the California Department of Fish and
Wildlife. Fish tickets must be submitted
in accordance with the requirements of
the applicable state regulations.
(4) NMFS will implement inseason
actions as described in § 660.409,
following processes described in that
section, as needed to ensure catch in the
fishery does not exceed the allowable
harvest level and will close areas and
seasons upon reaching the allowable
harvest limit.
[FR Doc. 2024–08368 Filed 4–22–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[RTID 0648–XD632]
Fisheries of the Exclusive Economic
Zone Off Alaska; Essential Fish Habitat
Amendments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of availability of
fishery management plan amendments;
request for comments.
AGENCY:
The North Pacific Fishery
Management Council (Council)
submitted amendment 127 to the
Fishery Management Plan (FMP) for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(BSAI), amendment 115 to the FMP for
Groundfish of the Gulf of Alaska (GOA),
amendment 56 to the FMP for BSAI
King and Tanner Crabs, amendment 17
to the FMP for the Salmon Fisheries in
the exclusive economic zone (EEZ) Off
Alaska, and amendment 3 to the FMP
for Fish Resources of the Arctic
SUMMARY:
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
Management Area (amendments) to the
Secretary of Commerce for review. If
approved, these amendments would
revise the FMPs by updating the
description and identification of
essential fish habitat (EFH) and
updating information on adverse
impacts to EFH based on the best
scientific information available. These
amendments are intended to promote
the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the FMPs, and
other applicable laws.
DATES: Comments on the amendments
must be received no later than June 24,
2024.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2023–0160, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
[NOAA–NMFS–2023–0160] in the
Search box (note: copying and pasting
the FDMS Docket Number directly from
this document may not yield search
results). Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Gretchen Harrington, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records Office. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
• Instructions: 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 by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the amendments,
maps of the EFH areas, and the
Environmental Assessment (the
analysis) prepared for this action may be
obtained from https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Megan Mackey, 907–586–7228.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Act requires that
each regional fishery management
council submit any FMP amendment it
E:\FR\FM\23APP1.SGM
23APP1
]]>Agencies
[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Proposed Rules]
[Pages 30314-30318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08368]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 240410-0104]
RIN 0648-BM68
Fisheries Off West Coast States; West Coast Salmon Fisheries;
Measures To Keep Fishery Impacts Within the Conservation Objective for
the California Coastal Chinook Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 30315]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would implement a set of management
measures recommended by the Pacific Fishery Management Council
(Council) to ensure fishery impacts on California Coastal (CC) Chinook
salmon, which are listed as threatened under the Endangered Species
Act, remain within the conservation objective in the Council's Pacific
Coast Salmon Fishery Management Plan (Salmon FMP). Under the proposed
rule, management tools (e.g., trip limits (also known as landing and
possession limits) and inseason management) consistent with the
provisions of the Salmon FMP would be used to provide greater certainty
in avoiding exceedances of the conservation objectives for CC Chinook
salmon.
DATES: Comments on this proposed rule must be received on or before May
23, 2024.
ADDRESSES: A plain language summary of this proposed rule is available
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0009. You may
submit comments on this document, identified by NOAA-NMFS-2024-0009, by
the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and type NOAA-NMFS-2024-0009 in the Search box
(note: copying and pasting the FDMS Docket Number directly from this
document may not yield search results). Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
Instructions: 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 by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. 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 562-980-4239 or [email protected].
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 Salmon FMP and
implementing regulations govern the development at the spring (March
and April) Council meetings each year of annual management measures.
Management measures for the salmon fisheries are developed annually
because the abundance of the salmon stocks in the fishery can fluctuate
significantly from one year to the next and information about annual
stock abundance does not become available until early in each year
(January-early March).
The commercial and recreational salmon fisheries off northern
California and southern Oregon target healthy or abundant stocks of
Chinook and coho salmon, but may incidentally encounter Endangered
Species Act (ESA)-listed CC Chinook salmon and other ESA-listed
species. The Salmon FMP includes harvest controls that are used to
manage salmon stocks sustainably. The Salmon FMP also requires that the
Council manage fisheries consistent with ``consultation standards'' for
stocks listed as endangered or threatened under the ESA for which NMFS
has issued biological opinions. NMFS has issued biological opinions for
every ESA-listed salmon species impacted by the fisheries governed by
the Salmon FMP and reminds the Council of requirements (i.e.,
consultation standards) to maintain consistency with those opinions in
its annual guidance letter to the Council regarding development of the
annual ocean salmon management measures. To limit the effects of CC
Chinook salmon, ocean salmon fisheries are managed to avoid exceeding a
conservation objective for that stock.
The CC Chinook salmon Evolutionarily Significant Unit (ESU) has
been listed as threatened under the ESA since 1999. The conservation
objective for CC Chinook salmon is described in the Salmon FMP.
Management of the fishery that avoids exceedance of the conservation
objective has been analyzed in a series of biological opinions (most
recently, an opinion issued in 2023), and has been determined to avoid
jeopardizing the ESU (NMFS 2000; McInnis 2005; NMFS 2023; NMFS 2024).
As described in these consultations, the data are insufficient for
developing an ESU-specific conservation objective for CC Chinook
salmon. Thus, NMFS has relied on a surrogate, Klamath River fall-run
Chinook Salmon (KRFC), to evaluate and limit impacts on CC Chinook
salmon in ocean salmon fisheries. The conservation objective is an
ocean harvest rate (HR) on age-4 KRFC of 0.16. In its 2024 biological
opinion, NMFS confirmed that managing fisheries to avoid exceeding this
conservation objective would avoid jeopardy to CC Chinook.
From 2018 to 2022, the fishery HR on age-4 KRFC significantly
exceeded 0.16 with an average of 0.28. Actions (e.g., adjustments to
ocean management models to account for these high catch rates and
managing to a lower rate than the conservation objective) proved
insufficient to avoid exceedance and the fisheries continued to exceed
the conservation objective for CC Chinook salmon as well as impact
limits on other California Chinook salmon stocks. The recent increases
in the post-season KRFC age-4 ocean HR from 2018 through 2021 suggests
that the level of impacts on CC Chinook salmon have likely increased.
For 2023, the Council considered additional measures to avoid
another exceedance of the CC Chinook conservation objective. However,
in response to record low forecasts for KRFC and Sacramento fall-run
Chinook salmon, the Council ultimately recommended the closure of
commercial and recreational salmon fisheries off the coast of
California for 2023, and NMFS approved this closure. The management
measures for the 2023-2024 ocean salmon fishing season include the
potential use of landing and possession limits in the commercial salmon
troll fishery and bag limits in the recreational salmon fishery for the
March and April 2024 fisheries, should salmon abundance forecasts for
2024 and Council discussion support use of those measures. The
projected KRFC age-4 ocean HR of 0.003 for the 2023-24 management
measures, with the fishery closures off California, resulted from a low
number of encounters of KRFC salmon in fisheries north of California.
The Council continued to explore measures that could be taken to
manage the commercial salmon troll fishery to address the source of the
high catch rates of KRFC and stay within the conservation objective,
thereby not exceeding the conservation objective for CC Chinook salmon.
At the November 2023 Council meeting, the Council adopted a set of
management measures to ensure that the CC Chinook salmon conservation
objective is not exceeded. The management measures are intended to
ensure the fishery does not exceed the conservation objective for CC
[[Page 30316]]
Chinook by implementing management tools (e.g., landing and possession
limits, an overall allowable harvest level, inseason management)
consistent with the provisions of the Salmon FMP.
Measures To Achieve Conservation Objectives for California Stocks of
Chinook Salmon
The proposed fishery management measures are designed to ensure
that the post-season ocean HR for age-4 KRFC does not exceed the
conservation objective of 0.16. These measures would apply to the ocean
salmon fisheries between the Oregon/California border and Pigeon Point,
California.
The management measures included in this rule are focused on the
ocean salmon fisheries off the coast of California (i.e., California
Klamath Management Zone, Fort Bragg, San Francisco, and Monterey
management areas) for the following reasons:
1. The majority of the KRFC harvest (and assumed impacts on CC
Chinook salmon) in the ocean occurs in this area;
2. The age-4 ocean HR for KRFC in this area has consistently
exceeded pre-season projections in recent years;
3. Contact-rate-per-unit-effort in this area has exceeded
projections in recent years;
4. The fisheries in this area have been managed primarily through
season controls such as time and area restrictions (as opposed to use
of landing and possession limits and/or quota management);
5. Time and area restrictions in this area have not been effective
in controlling harvest of KRFC (and assumed impacts on CC Chinook
salmon) in recent years; and,
6. Ocean fisheries in other areas that impact KRFC routinely
implement the same or similar management measures as described in these
measures for a similar purpose.
The rule would require implementation of measures used in salmon
fisheries elsewhere on the West Coast to ensure fisheries in the
affected area do not exceed the conservation objective for CC Chinook
salmon. Historically, fisheries in the area described above have been
managed by setting seasons and bag limits. In addition, for this
fishery there was no overall limit on harvest or inseason management.
The Salmon FMP contemplates that the Council and NMFS will use a range
of management tools to ensure the fisheries are managed to avoid
exceeding all limits for stocks caught in the various management areas
along the West Coast (FMP Chapter 6). These management tools (e.g.,
management boundaries, seasons, quotas, minimum harvest lengths,
fishing gear restrictions, and recreational day bag limits) are
available to manage ocean fisheries each season, once the allowable
ocean harvests and the basis for allocation among user groups have been
determined. New information on the fisheries and salmon stocks also may
require other adjustments to the management measures.
Under the proposed set of management measures, annual management
measures for the fisheries in the area described above will both be
designed pre-season and managed inseason to stay within the objective.
NMFS may apply, and the Council may recommend, a buffer to the
conservation objective to account for management error and reduce the
potential for exceeding the conservation objective, this buffer would
be developed based on the percent error of the pre-season projected HR
(as compared to the post-season HR) occurring over the most recent 5
years and other relevant factors. Fishery managers will compute an
allowable harvest level of Chinook salmon for the year consistent with
the conservation objective (including the buffer described above, if
applicable). Using the allowable harvest level and projected effort,
managers will determine landing and possession limits pre-season to
ensure that the fishery does not exceed the allowable harvest level.
The fishery will be monitored inseason and actions will be taken as
needed to prevent the fisheries from exceeding the annual harvest
level. We expect that this multilayered conservative approach (i.e., a
buffer, fishery output control, and inseason actions) will ensure that
the fisheries remain within the pre-season projection and adhere to the
CC Chinook salmon conservation objective.
This proposed rule will also update regulations to 50 CFR 660.405
and 660.410. In Sec. 660.405, the term ``possess'' was added to
provide consistency to other prohibitions throughout the regulations.
With the new regulation requiring submission of fish tickets within 24
hours of landing, the addition of the term ``possess'' will ensure that
fishers are not confused about the requirements related to the timing
of catch and retention, possession, or landings. Also, in addition to
the new management measures at Sec. 660.410, this proposed rule would
revise paragraph (c) by adding the abbreviation KRFC to address several
new occurrences of KRFC that did not exist before.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Salmon FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration
after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
There are no relevant Federal rules that may duplicate, overlap, or
conflict with this action.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant adverse economic impact on a substantial number of small
entities.
For purposes of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) only, NMFS has established a small business size standard for
businesses, including their affiliates, whose primary industry is
commercial fishing (see 50 CFR 220.2). A business primarily engaged in
commercial fishing is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. This standard applies to all businesses classified under
North American Industry Classification System (NAICS) code 11411 for
commercial fishing, including all businesses classified as commercial
finfish fishing (NAICS 11411), commercial shellfish fishing (NAICS
114112), and other commercial marine fishing (NAICS 114119) businesses
(50 CFR 200.2; 13 CFR 121.201).
This proposed rule would directly affect the West Coast commercial
troll salmon fishery. Using the Socioeconomic Assessment of the 2022
Ocean Salmon Fisheries (chapter IV) of the Review of 2022 Ocean Salmon
Fisheries Stock Assessment and Fishery Evaluation Document for the
Pacific Coast Salmon FMP the most recent year of complete fishing data
(2022), had 563 distinct commercial vessels land fish caught in
Washington, Oregon, and California. The total coastwide ex-vessel value
was $22.2 million with California achieving $17.1 million, Oregon $3.2
million, and Washington $1.8 million. No vessel met the threshold to be
considered a large entity as defined above. The preliminary number of
vessel-based ocean salmon recreational
[[Page 30317]]
angler trips taken on the West Coast in 2022 was 264,200. All of those
charter businesses that are impacted are small entities. Because all of
the affected entities are small, the management measures in this
proposed rule are not expected to place small entities at a significant
disadvantage to large entities.
Because businesses have been harvesting over the conservation
objective for over 5 years (table 1), this regulation which is intended
to bring catch levels back down to the conservation objective (0.16 HR
on age-4 KRFC), is expected to impose negative economic effects on
small businesses relative to the last 5 years. The proposed action does
not change the management objectives for CC Chinook, it is designed to
ensure that the fisheries do not exceed the objective using management
and tools that are allowed under the Salmon FMP. The effects are not
quantifiable with available resources on the timeline needed to
implement this rule to achieve conservation objectives. However, NMFS
invites comments on this proposed rule with information about costs to
small entities.
Table 1--Estimates of Ocean Harvest Rates of Age-4 KRFC Salmon Pre- and Postseason in Recent Years
----------------------------------------------------------------------------------------------------------------
Preseason age- Post-season
Year 4 harvest rate age-4 harvest Pre/post for
forecast rate estimate years >16%
----------------------------------------------------------------------------------------------------------------
2017............................................................ 0.03 0.04 0.75
2018............................................................ 0.12 0.24 0.05
2019............................................................ 0.16 0.36 0.44
2020............................................................ 0.09 0.23 0.39
2021............................................................ 0.11 0.28 0.39
2022............................................................ 0.10 0.38 0.26
----------------------------------------------------------------------------------------------------------------
NMFS believes that this proposed rule would not have a significant
adverse 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 revisions to a
collection-of-information requirement subject to review and approval by
the Office of Management and Budget under the Paperwork Reduction Act.
This rule revises the existing requirements for the collection of
information 0648-0433 by adding a requirement for submission of fish
tickets within 24 hours of landing. Public reporting burden for fish
ticket submission is estimated to average 0 hours because the
submission will already be required by the California Code of
Regulations.
A formal section 7 consultation under the ESA was initiated for the
Salmon FMP. In a biological opinion dated February 29, 2024, NMFS
determined that fishing activities conducted under the Salmon FMP and
its implementing regulations are not likely to jeopardize the continued
existence of any endangered or threatened species under the
jurisdiction of NMFS or result in the destruction or adverse
modification of critical habitat.
This proposed rule was developed after meaningful consultation and
collaboration with the tribal representative on the Council.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 15, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indians--lands, Recreation and recreation
areas, Reporting and recordkeeping requirements, Treaties.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 660 as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
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.
0
2. In Sec. 660.405, revise paragraphs (a)(1) and (a)(2) to read as
follows:
Sec. 660.405 Prohibitions.
(a) * * *
(1) Take and retain, or possess, or land salmon caught with a net
in the fishery management area, except that a hand-held net may be used
to bring hooked salmon on board a vessel.
(2) Fish for, or take and retain, or possess, any species of
salmon:
(i) During closed seasons or in closed areas;
(ii) While possessing on board any species not allowed to be taken
in the area at the time;
(iii) Once any catch limit is attained;
(iv) By means of gear or methods other than recreational fishing
gear or troll fishing gear, or gear authorized under Sec. 660.408(k)
for treaty Indian fishing;
(v) In violation of any action issued under this subpart; or,
(vi) In violation of any applicable area, season, species, zone,
gear, daily bag limit, or length restriction.
* * * * *
0
3. In Sec. 660.410, revise paragraph (c) and add paragraph (d) to read
as follows:
Sec. 660.410 Conservation objectives, ACLs, and de minimis control
rules.
* * * * *
(c) De minimis control rules. Klamath River fall Chinook (KRFC) and
Sacramento River fall Chinook salmon have the same form of de minimis
control rule described in the FMP, which allows for limited fishing
impacts when abundance falls below SMSY. The control rule
describes maximum allowable exploitation rates at any given level of
abundance. The annual management measures may provide for lower
exploitation rates as needed to address uncertainties or other year-
specific circumstances. The de minimis exploitation rate in a given
year must also be determined in consideration of the following factors:
(1) The potential for critically low natural spawner abundance,
including considerations for substocks that may fall below crucial
genetic thresholds;
(2) Spawner abundance levels in recent years;
(3) The status of co-mingled stocks;
(4) Indicators of marine and freshwater environmental conditions;
(5) Minimal needs for tribal fisheries;
(6) Whether the stock is currently in an approaching overfished
condition;
(7) Whether the stock is currently overfished;
[[Page 30318]]
(8) Other considerations, as appropriate; and
(9) Exploitation rates, including de minimis exploitation rates,
must not jeopardize the long-term capacity of the stock to produce
maximum sustained yield on a continuing basis. NMFS expects that the
control rule and associated criteria will result in decreasing harvest
opportunity as abundance declines and little or no opportunity for
harvest at abundance levels less than half of MSST.
(d) Salmon Fisheries Affecting California Coastal Chinook. Salmon
fisheries affecting this ESA-listed stock are managed to meet the
conservation objective described in FMP table 3-1.
(1) The annual specifications and management measures will include
an allowable harvest level expressed in numbers of fish for these
fisheries that is projected, using the Klamath Ocean Harvest Model and
Sacramento Harvest Model, to ensure fisheries do not exceed the
conservation objective. To determine the allowable harvest level, the
Council and NMFS may use a harvest rate that is lower than the
conservation objective (i.e., harvest rate of 0.16) in order to address
the potential for exceeding the objective in a particular year. The
lower harvest rate will be determined in two steps.
(i) In the first step, NMFS and the Council will calculate the
average percent error for the previous 5 years, and apply the average
percent error to the conservation objective. Only positive percent
error will be applied because the intent is to keep the post-season
harvest rate below 0.16.
(ii) In the second step, other relevant factors affecting the
preseason assessment of the age-4 KRFC harvest rate will be considered,
such as revisions to the fishery management models used to estimate the
preseason Chinook catch, environmental indicators relevant to the
status of KRFC, constraints on fisheries under consideration for the
areas and months with greatest impacts to KRFC Chinook, and the lower
harvest rate may be modified based on these factors.
(2) The annual specifications and management measures will include
the following management measures to ensure fisheries affecting
California Coastal Chinook do not exceed the allowable harvest level.
(i) Landing and possession limits will be used in the commercial
troll fisheries to keep fishery catch within the allowable harvest
level. Landing and possession limits will be set for periods not to
exceed 1 week. Landing and possession limits may vary from one calendar
month to the next but will be the same for periods within the same
calendar month.
(ii) A percentage of the allowable harvest level (i.e., trigger)
that will require consideration of inseason action to ensure that the
allowable harvest level is not exceeded will be set through the annual
management measures.
(iii) For the first 2 years after the promulgation of this rule in
which salmon fishery occur in the EEZ off the California coast,
inseason actions will only be used to further restrict harvest (i.e.,
reduce landing limits, reduce time/area, and close the fishery when the
allowable harvest level is projected to have been met).
(3) Electronic fish tickets must be submitted within 24 hours of
landing to the California Department of Fish and Wildlife. Fish tickets
must be submitted in accordance with the requirements of the applicable
state regulations.
(4) NMFS will implement inseason actions as described in Sec.
660.409, following processes described in that section, as needed to
ensure catch in the fishery does not exceed the allowable harvest level
and will close areas and seasons upon reaching the allowable harvest
limit.
[FR Doc. 2024-08368 Filed 4-22-24; 8:45 am]
BILLING CODE 3510-22-P
