75920 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations

§ 635.27(a)(8)(x)). Specific to the and contrary to the public interest to Atmospheric Administration (NOAA), General category, this includes provide prior notice of, and an Commerce. providing opportunity equitably across opportunity for public comment on, this ACTION: Final rule. all time periods. action for the following reasons: Based on the considerations above, The regulations implementing the SUMMARY: NMFS issues a final rule NMFS is transferring 19.5 mt from the 2006 Consolidated HMS FMP and under the authority of the Magnuson- Reserve category to the General amendments provide for inseason quota Stevens Fishery Conservation and category. Therefore, NMFS adjusts the transfers to respond to the unpredictable Management Act (MSA) to approve and General category December 2020 nature of BFT availability on the fishing implement rebuilding plans subquota quota to 28.9 mt and adjusts grounds, the migratory nature of this recommended by the Pacific Fishery the Reserve category quota to 0.5 mt. species, and the regional variations in Management Council (Council) for two The General category fishery reopens the BFT fishery. Affording prior notice overfished salmon stocks: Klamath December 1, 2020, and will remain open and opportunity for public comment to River fall-run Chinook salmon (KRFC) until December 31, 2020, or until the implement the quota transfer for the and Sacramento River fall-run Chinook adjusted General category quota is December 2020 subquota period at this salmon (SRFC). NMFS determined in reached, whichever comes first. time is impracticable and contrary to the 2018 that these stocks were overfished public interest as NMFS could not have under the MSA, due to spawning Monitoring and Reporting proposed this action earlier, as it needed escapement falling below the required NMFS will continue to monitor the to consider and respond to updated level for the three-year period 2015– BFT fishery closely. Dealers are required landings data in deciding to transfer a 2017. The MSA requires overfished to submit landing reports within 24 portion of the Reserve quota to the stocks to be rebuilt, generally within 10 hours of a dealer receiving BFT. Late General category quota. If NMFS was to years. reporting by dealers compromises offer a public comment period now, DATES: This final rule is effective NMFS’ ability to timely implement after having appropriately considered December 28, 2020. actions such as quota and retention that data, it could preclude fishermen FOR FURTHER INFORMATION CONTACT: limit adjustment, as well as closures, from harvesting BFT that are legally Peggy Mundy at 206–526–4323. and may result in enforcement actions. available consistent with all of the SUPPLEMENTARY INFORMATION: Additionally, and separate from the regulatory criteria. This action does not dealer reporting requirement, General raise conservation and management Background and HMS Charter/Headboat category concerns. Transferring quota from the In June 2018, NMFS determined that vessel owners are required to report the Reserve category to the General category two stocks of Chinook salmon managed catch of all BFT retained or discarded does not affect the overall U.S. BFT under the Council’s Pacific Coast dead within 24 hours of the landing(s) quota, and available data shows the Salmon Fishery Management Plan or end of each trip, by accessing adjustment would have a minimal risk (FMP) met the overfished criteria of the hmspermits.noaa.gov or by using the of exceeding the ICCAT-allocated quota. FMP and the MSA. Overfished is HMS Catch Reporting app, or calling NMFS notes that the public had an defined in the FMP to be when the (888) 872–8862 (Monday through Friday opportunity to comment on the three-year geometric mean of a salmon from 8 a.m. until 4:30 p.m.). underlying rulemakings that established stock’s annual spawning escapements Depending on the level of fishing the U.S. BFT quota and the inseason falls below the reference point known as effort and catch rates of BFT, NMFS adjustment criteria. For all of the above the minimum stock size threshold may determine that additional action reasons, there is good cause under 5 (MSST). The three-year geometric mean (e.g., closure) is necessary to ensure U.S.C. 553(d) to waive the 30-day delay of spawning escapement fell below available subquotas are not exceeded or in effectiveness. MSST for both KRFC and SRFC salmon to enhance scientific data collection stocks for the period 2015–2017. In Authority: 16 U.S.C. 971 et seq. and 1801 from, and fishing opportunities in, all et seq. response to the overfished geographic areas. If needed, subsequent determination, the Council developed adjustments will be published in the Dated: November 23, 2020. rebuilding plans for these stocks, which Federal Register. In addition, fishermen Jennifer M. Wallace, were transmitted to NMFS for approval may call the Atlantic Tunas Information Acting Director, Office of Sustainable and implementation. NMFS published a Line at (978) 281–9260, or access Fisheries, National Marine Fisheries Service. proposed rule (85 FR 6135, February 4, hmspermits.noaa.gov, for updates on [FR Doc. 2020–26218 Filed 11–25–20; 8:45 am] 2020) describing the rebuilding plans quota monitoring and inseason BILLING CODE 3510–22–P and soliciting comments from the public adjustments. on the proposed rule and on the draft NMFS reminds General category environmental assessments (EA) that participants that when the fishery DEPARTMENT OF COMMERCE were prepared under the National reopens December 1, 2020, the BFT Environmental Policy Act (NEPA). National Oceanic and Atmospheric General category daily retention limit Administration Response to Comments will be one large medium or giant BFT per vessel per day/trip. NMFS published a proposed rule on 50 CFR Part 660 February 4, 2020 (85 6135) and related Classification [Docket No. 201119–0308] draft EAs for public comment. The NMFS issues this action pursuant to comment period ended on March 5, section 305(d) of the Magnuson-Stevens RIN 0648–BI04 2020. NMFS received four public Act. This action is required by 50 CFR Fisheries Off West Coast States; West comment submissions from individuals part 635, which was issued pursuant to Coast Salmon Fisheries; Rebuilding on the proposed rule and no comments section 304(c), and is exempt from Chinook Salmon Stocks on the draft EA. The comments and review under Executive Order 12866. responses are below. The Assistant Administrator for AGENCY: National Marine Fisheries Comment 1: One person objected to NMFS (AA) finds that it is impracticable Service (NMFS), National Oceanic and NOAA’s management of salmon stocks

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and said NOAA failed to protect salmon Commerce to consider the needs of Changes From Proposed Rule from exploitation in commercial fishing communities in implementing a fisheries. rebuilding plan. A no-fishing scenario, There are no substantive changes Response: NOAA’s NMFS disagrees for either KRFC or SRFC, would include made to the regulatory text from the that there was a failure to protect a total closure of ocean salmon fisheries proposed rule, beyond nonsubstantive salmon from exploitation in commercial from Cape Falcon, OR to the U.S./ editorial changes. fisheries. NMFS is responsible for Mexico border, resulting in an estimated Classification implementing the MSA to manage the loss of $46 million per year to fishing nation’s fisheries in a sustainable communities. NMFS can only regulate Pursuant to section 304(b)(1)(A) of the manner, including rebuilding overfished fisheries in the exclusive economic zone MSA, the NMFS Assistant stocks. NMFS works with the Council to (3 to 200 nmi—5.6 to 370.4 km— Administrator has determined that this manage West Coast salmon stocks offshore) and does not have regulatory final rule is consistent with the FMP, according to conservation objectives and authority over fisheries shoreward of 3 other provisions of the MSA, and other status determination criteria specified in nmi and in-river fisheries; therefore, applicable law. the FMP. It is through these measures NMFS does not have the authority to This proposed rule has been that NMFS and the Council recognized implement a rebuilding plan that would determined to be not significant for the overfished situation for KRFC and have no fishing-related mortality on the purposes of Executive Order 12866. SRFC and are managing fisheries to overfished Chinook salmon stocks since rebuild these stocks consistent with the This proposed rule is not an in-river freshwater fishing-related Executive Order 13771 regulatory action provisions of the MSA. Annual mortality would likely continue. management measures for ocean salmon because this rule is not significant under Therefore, in consideration of these fisheries are informed by annual stock Executive Order 12866. factors, NMFS is approving the abundance projections using the best The Chief Counsel for Regulation of Council’s recommendation as the available science, including analyses by the Department of Commerce certified rebuilding plan that will rebuild the the Council’s Salmon Technical Team to the Chief Counsel for Advocacy of the stocks in the shortest amount of time and Scientific and Statistical Small Business Administration during while taking into consideration the Committee. The management measures the proposed rule stage that this action needs of fishing communities. apportion the ocean harvest equitably would not have a significant economic among treaty Indian, non-treaty Comment 4: One person objected impact on a substantial number of small commercial, and recreational fisheries. strongly to the use of the term entities. The factual basis for the The measures are also intended to allow ‘‘overfished.’’ This person called on certification was published in the a portion of the salmon runs to escape NMFS to identify lack of coordination proposed rule and is not repeated here. the ocean fisheries in order to provide among various agencies on water No comments were received regarding for spawning escapement and to provide discharge to benefit salmon as the cause this certification. As a result, a fishing opportunity in state waters. of salmon decline. regulatory flexibility analysis was not Comment 2: One person wrote to Response: NMFS understands the required and none was prepared. support ‘‘replenishing of the fish concern regarding the term overfished. This final rule contains no stocks’’ and hopes for sustainable Under the MSA, a stock or stock information collection requirements populations for the future. Response: Sustainability is key to complex is considered overfished when under the Paperwork Reduction Act of NMFS’ mission and the cornerstone of its biomass has declined below MSST 1995. the MSA. These rebuilding plans have (50 CFR 600.310(e)(2)(i)(E)), irrespective This final rule was developed after been prepared to be consistent with the of the cause of the decline. NMFS meaningful collaboration with the tribal provisions of the MSA, and the Council supports coordination among agencies representative on the Council who has and NMFS assess salmon stocks to improve salmon productivity. The agreed with the provisions that apply to annually to assure fisheries are being Council and NMFS considered several tribal vessels. possible factors in the decline of the managed in a sustainable manner. List of Subjects in 50 CFR Part 660 Comment 3: One person supported overfished Chinook salmon stocks and, the regulation of fisheries and as stated in the proposed rule (85 FR Fisheries, Fishing, Recordkeeping and acknowledged that environmental 6135, February 4, 2020), found that the reporting requirements. factors which contribute to fish overfished condition was due to: (1) Dated: November 19, 2020. mortality complicate fishery Low flows and high water temperatures management. This person supports in the freshwater environment which Samuel D. Rauch, III, banning or highly regulating fisheries resulted in low smolt survival for both Deputy Assistant Administrator for during rebuilding and additional stocks, disease issues in the Klamath Regulatory Programs, National Marine Fisheries Service. research into salmon mortality from River, and pre-spawn mortality of environmental causes and possible migrating adults in the Sacramento For the reasons set out in the solutions. River; (2) warm, unproductive ocean preamble, 50 CFR part 660 is amended Response: NMFS does not support conditions that compromised survival as follows: banning fisheries in response to the in the marine environment for both current overfished status of KRFC and stocks; (3) hatchery practices in the PART 660—FISHERIES OFF WEST SRFC at this time. The Council and Sacramento River that resulted in COAST STATES NMFS considered a no-fishing straying of migrating salmon which lead alternative. The estimated time to to higher than expected in-river fishing ■ 1. The authority citation for part 660 rebuild either of these Chinook salmon mortality for SRFC; and (4) stock continues to read as follows: assessment errors that resulted in over- stocks under a no-fishing scenario was Authority: 16 U.S.C. 1801 et seq., 16 only one year shorter than under the forecasting of SRFC and U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. Council’s recommended alternative. The underpredictions of both ocean and in- MSA requires the Secretary of river fishery mortality rates. ■ 2. Add § 660.413 to read as follows:

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§ 660.413 Overfished species rebuilding equivalent units, N. At high abundance, rule describes maximum allowable plans. the control rule caps the exploitation exploitation rates at any given level of For each overfished salmon stock rate at FABC´ at moderate abundance, abundance. with an approved rebuilding plan, the control rule specifies an F that (1) The SRFC control rule uses the annual management measures will be results in SMSY spawners; and at low reference points FABC, MSST, SMSY, and established using the standards in this abundance (i.e. when expected two levels of de minimis exploitation section, specifically the target date for escapement is below SMSY), the control rates, F = 0.10 and F = 0.25. The rebuilding the stock to its maximum rule allows for de minimis exploitation maximum allowable exploitation rate, F, sustainable yield (MSY) level (generally rates with the abundance breakpoints in a given year, depends on the pre- expressed as SMSY) and the harvest defined as: A = MSST/2; B = (MSST + fishery ocean abundance in spawner control rule to be used to rebuild the SMSY)/2; C = SMSY/(1—0.25); D = SMSY/ equivalent units, N. At high abundance, stock. (1—FABC), as shown in Figure 1 of the control rule caps the exploitation (a) Klamath River Fall-run Chinook subpart H of this part. For N between 0 rate at FABC´ at moderate abundance, Salmon (KRFC). KRFC was declared and A, F increases linearly from 0 at N the control rule specifies an F that overfished in 2018. The target year for = 0, to 0.10 at N = A. For N between A results in SMSY spawners; and at low rebuilding the KRFC stock is 2020. The and MSST, F is equal to 0.10. For N abundance (i.e. when expected harvest control rule during the between MSST and B, F increases escapement is below SMSY), the control rebuilding period for the KRFC stock is linearly from 0.10 at N = MSST, to 0.25 rule allows for de minimis exploitation the de minimis control rule specified in at N = B. For N between B and C, F is rates with the abundance breakpoints the FMP and at § 660.410(c), which equal to 0.25. For N between C and D, defined as: A = MSST/2; B = (MSST + allows for limited fishing impacts when F is the value that results in SMSY SMSY)/2; C = SMSY/(1—0.25); D = SMSY/ abundance falls below SMSY. The control spawners. For N greater than D, F is (1—FABC), as shown in Figure 1 of rule describes maximum allowable equal to FABC. subpart H of this part. For N between 0 exploitation rates at any given level of (2) [Reserved] and A, F increases linearly from 0 at N abundance. The control rule is (b) Sacramento River Fall-run = 0, to 0.10 at N = A. For N between A presented in Figure 1 of subpart H of Chinook Salmon (SRFC). SRFC was and MSST, F is equal to 0.10. For N this part. declared overfished in 2018. The target between MSST and B, F increases (1) The KRFC control rule uses year for rebuilding the SRFC stock is linearly from 0.10 at N = MSST, to 0.25 reference points FABC MSST, SMSY, and 2021. The harvest control rule during at N = B. For N between B and C, F is two levels of de minimis exploitation the rebuilding period for the SRFC stock equal to 0.25. For N between C and D, rates, F = 0.10 and F = 0.25. The is the de minimis control rule specified F is the value that results in SMSY maximum allowable exploitation rate, F, in the FMP and at § 660.410(c), which spawners. For N greater than D, F is in a given year, depends on the pre- allows for limited fishing impacts when equal to FABC. fishery ocean abundance in spawner abundance falls below SMSY. The control (2) [Reserved]

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[FR Doc. 2020–26042 Filed 11–25–20; 8:45 am] prohibiting directed fishing for Pacific Atmospheric Administration (NOAA), BILLING CODE 3510–22–P ocean perch in the EAI by vessels Commerce. participating in the BSAI trawl limited ACTION: Temporary rule; closure. access sector fishery. While this closure DEPARTMENT OF COMMERCE is effective, the maximum retainable SUMMARY: NMFS is prohibiting directed amounts at § 679.20(e) and (f) apply at fishing for Atka mackerel in the Bering National Oceanic and Atmospheric any time during a trip. Sea subarea and Eastern Aleutian Administration District (BS/EAI) of the Bering Sea and Classification Aleutian Islands management area 50 CFR Part 679 This action responds to the best (BSAI) by vessels participating in the [Docket No. 200227–0066] available information recently obtained BSAI trawl limited access sector fishery. from the fishery. The Assistant This action is necessary to prevent RTID 0648–XA676 Administrator for Fisheries, NOAA, exceeding the 2020 total allowable catch (AA) finds good cause to waive the (TAC) of Atka mackerel in the BS/EAI Fisheries of the Exclusive Economic requirement to provide prior notice and allocated to vessels participating in the Zone Off Alaska; Pacific Ocean Perch opportunity for public comment BSAI trawl limited access sector fishery. in the Bering Sea and Aleutian Islands pursuant to the authority set forth at 5 DATES: Management Area Effective 1200 hrs, Alaska local U.S.C. 553(b)(B) as such a requirement time (A.l.t.), November 23, 2020, AGENCY: National Marine Fisheries is impracticable and contrary to the through 2400 hrs, A.l.t., December 31, Service (NMFS), National Oceanic and public interest. This requirement is 2020. Atmospheric Administration (NOAA), impracticable and contrary to the public FOR FURTHER INFORMATION CONTACT: Commerce. interest as it would prevent NMFS from Steve Whitney, 907–586–7228. ACTION responding to the most recent fisheries : Temporary rule; closure. SUPPLEMENTARY INFORMATION: data in a timely fashion and would NMFS SUMMARY: NMFS is prohibiting directed delay the closure of the Pacific ocean manages the groundfish fishery in the fishing for Pacific ocean perch in the perch directed fishery in the EAI for BSAI exclusive economic zone Eastern Aleutian district (EAI) of the vessels participating in the BSAI trawl according to the Fishery Management Bering Sea and Aleutian Islands limited access sector fishery. NMFS was Plan for Groundfish of the Bering Sea management area (BSAI) by vessels unable to publish a notice providing and Aleutian Islands Management Area participating in the BSAI trawl limited time for public comment because the (FMP) prepared by the North Pacific access sector fishery. This action is most recent, relevant data only became Fishery Management Council under necessary to prevent exceeding the 2020 available as of November 19, 2020. authority of the Magnuson-Stevens total allowable catch (TAC) of Pacific The AA also finds good cause to Fishery Conservation and Management ocean perch in the EAI allocated to waive the 30-day delay in the effective Act. Regulations governing fishing by vessels participating in the BSAI trawl date of this action under 5 U.S.C. U.S. vessels in accordance with the FMP limited access sector fishery. 553(d)(3). This finding is based upon appear at subpart H of 50 CFR part 600 and 50 CFR part 679. DATES: Effective 1200 hrs, Alaska local the reasons provided above for waiver of The 2020 TAC of Atka mackerel, in time (A.l.t.), November 23, 2020, prior notice and opportunity for public the BS/EAI, allocated to vessels through 2400 hrs, A.l.t., December 31, comment. participating in the BSAI trawl limited 2020. This action is required by § 679.20 access sector fishery was established as and is exempt from review under FOR FURTHER INFORMATION CONTACT: a directed fishing allowance of 2,100 Executive Order 12866. Steve Whitney, 907–586–7228. metric tons by the final 2020 and 2021 SUPPLEMENTARY INFORMATION: NMFS Authority: 16 U.S.C. 1801 et seq. harvest specifications for groundfish in manages the groundfish fishery in the Dated: November 23, 2020. the BSAI (85 FR 13553, March 9, 2020). BSAI exclusive economic zone Jennifer M. Wallace, In accordance with § 679.20(d)(1)(iii), according to the Fishery Management Acting Director, Office of Sustainable the Regional Administrator finds that Plan for Groundfish of the Bering Sea Fisheries, National Marine Fisheries Service. this directed fishing allowance has been and Aleutian Islands Management Area [FR Doc. 2020–26217 Filed 11–23–20; 4:15 pm] reached. Consequently, NMFS is (FMP) prepared by the North Pacific prohibiting directed fishing for Atka BILLING CODE P Fishery Management Council under mackerel in the BS/EAI by vessels authority of the Magnuson-Stevens participating in the BSAI trawl limited Fishery Conservation and Management DEPARTMENT OF COMMERCE access sector fishery. While this closure Act. Regulations governing fishing by is effective, the maximum retainable U.S. vessels in accordance with the FMP National Oceanic and Atmospheric amounts at § 679.20(e) and (f) apply at appear at subpart H of 50 CFR part 600 Administration any time during a trip. and 50 CFR part 679. Classification The 2020 TAC of Pacific ocean perch, 50 CFR Part 679 in the EAI, allocated to vessels This action responds to the best participating in the BSAI trawl limited [Docket No. 200227–0066] available information recently obtained access sector fishery was established as from the fishery. The Assistant RTID 0648–XA675 a directed fishing allowance of 938 Administrator for Fisheries, NOAA, metric tons by the final 2020 and 2021 Fisheries of the Exclusive Economic (AA) finds good cause to waive the harvest specifications for groundfish in Zone Off Alaska; Atka Mackerel in the requirement to provide prior notice and the BSAI (85 FR 13553, March 9, 2020). Bering Sea and Aleutian Islands opportunity for public comment In accordance with § 679.20(d)(1)(iii), Management Area pursuant to the authority set forth at 5 the Regional Administrator finds that U.S.C. 553(b)(B) as such a requirement this directed fishing allowance has been AGENCY: National Marine Fisheries is impracticable and contrary to the reached. Consequently, NMFS is Service (NMFS), National Oceanic and public interest. This requirement is

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