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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 660

RIN ID: RIN 0648-AV07

DOCUMENT ID: [I.D.120806A]

NOTICE: PROPOSED RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Notice of availability of FMP amendment; request for comments.

SUBJECT CATEGORY: Fisheries off West Coast States and in the Western Pacific; Amendment 15 to Pacific Coast Salmon Fishery Management Plan

DATES: Comments on Amendments 15 must be received on or before February 20, 2007.

DOCUMENT SUMMARY: The Secretary of Commerce (Secretary) requests public comments on Amendment 15 to the Pacific Coast Salmon Fisheries Management Plan (Plan) in accordance with the MagnusonStevens Fishery Conservation and Management Act (MagnusonStevens Act). This action is intended to provide management flexibility in times of low Klamath River fallrun Chinook (KRFC) abundance, while preserving the longterm productive capacity of the stock and thereby ensuring it continues to contribute meaningfully to ocean and river fisheries in the future.

The plan amendment would allow the Council to implement de minimis fisheries in years of low abundance, which: permit an ocean impact rate of no more than 10 percent on age4 Klamath River fall Chinook, if the projected natural spawning escapement associated with a 10 percent age 4 ocean impact rate, including river recreational and tribal impacts, is between 22,000 and 35,000. If the projected natural escapement associated with a 10 percent age4 ocean impact rate is less than 22,000, the Council would further reduce the allowable age4 ocean impact rate to reflect the status of the stock.

SUMMARY: West Coast States and Western Pacific fisheries—; Pacific Coast salmon,

SUPPLEMENTAL INFORMATION

The Magnuson-Stevens Act requires that each Regional Fishery Management Council submit any fishery management plan (FMP) or plan amendment it prepares to the Secretary for review and approval, disapproval, or partial approval. The MagnusonStevens Act also requires that the Secretary, upon receiving an FMP or amendment, immediately publish a notice that the FMP or amendment is available for public review and comment. The Secretary will consider the public comments received during the comment period in determining whether to approve the FMP or amendment.

Amendment 15 would allow the Council in the case of Klamath River fall Chinook, to implement de minimis fisheries, which would: permit an ocean impact rate of no more than 10 percent on age4 Klamath River fall Chinook, if the projected natural spawning escapement associated with a 10 percent age4 ocean impact rate, including river recreational and tribal impacts, is between 22,000 and 35,000. If the projected natural escapement associated with a 10 percent age4 ocean impact rate is less than 22,000, the Council shall further reduce the allowable age4 ocean impact rate to reflect the status of the stock. During the preseason planning process to set an allowable age4 ocean impact rate the Council shall consider the following:
(a) Critically low natural spawner abundance, including the risk of Klamath Basin substocks dropping below crucial genetic thresholds; (b) A series of low spawner abundance in recent years;
(c) The status of comingled stocks;
(d) El Nino or other adverse environmental conditions;
(e) Endangered Species Act considerations; and

(f) Other considerations as appropriate.

When considering these items, the Council shall determine that the final ocean impact rate will not jeopardize the capacity of the fishery to produce the maximum sustainable yield on a continuing basis. Implementation of de minimis fisheries will depend on year specific estimates of ocean abundance and age composition, which will be determined by the Salmon Technical Team (STT) prior to the March Council meeting. Ocean fishery impacts to the returning brood incurred during the previous fall/winter fisheries will be counted against the allowable age4 ocean impact rate. Annual estimates of fishery catches, spawner escapements, spawner age composition and coded wire tag contributions are usually available by early to midJanuary each year for use by the Salmon Technical Team STT and the Klamath River Technical Advisory Team in updating KRFC fishery resource estimates, models, and forecasts. Amendment 15 does not require that a de minimis fishery be implemented if the natural spawner floor is not met. The provisions of Amendment 15 allow the Council to consider implementing a de minimis fishery that would be limited to no more than 10 percent age4 ocean impact rate based on the above described criteria.

NMFS welcomes comments on the proposed FMP amendment through the end of the comment period. NMFS will consider the public comments received during the comment period in determining whether to approve the proposed amendment. A proposed rule to implement Amendment 15 to the Salmon FMP has been submitted for Secretarial review and approval. NMFS expects to publish and request public review and comment on this rule in the near future. Public comments on the proposed rule must be received by the end of the comment period on the amendment to be considered in the approval/disapproval decision on the amendment. All comments received by the end of the comment period for the amendment, whether specifically directed to the amendment or the proposed rule, will be considered in the approval/disapproval decision on the amendment.

Authority: 16 U.S.C. 1801 et seq.

Dated: December 14, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. E621742 Filed 121906; 8:45 am]
BILLING CODE 351022S

FOR FURTHER INFORMATION CONTACT Sarah McAvinchey by phone at 206-526- 4323, email at sarah.mcavinchey@noaa.gov, or fax at 2065266736, Eric Chavez by phone at 5089804064, email at eric.chavez@noaa.gov, or fax at 5089804047, or the Pacific Fishery Management Council at 503326 6352.