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Federal Register/Vol. 85, No. 229/Friday, November 27, 2020

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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 VerDate Sep<11>2014 16:10 Nov 25, 2020 Jkt 253001 PO 00000 Frm 00088 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM 27NOR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations 75921 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.
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