Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Proposed Rules 14617 

(A) Are made aware of the prohibited 

activities, 

(B) May report allegations, and 

(C) How paragraphs (c)(1)(iii)(A) and 

(B) of this clause are carried out in an 

manner which is inclusive, culturally 

appropriate, and sensitive to the 

context; 

(iv) Safe, accessible, and publicly 

available reporting mechanism(s) that 

may be integrated with any existing or 

similar such mechanisms, for anyone to 

confidentially report exploitation, 

sexual abuse, child abuse, and child 

neglect, with appropriate safeguards to 

protect whistle-blowers and survivors, 

including express protection against 

retaliation for reporting, and 

documented procedures for protecting 

personally identifiable information (PII) 

from unauthorized access and 

disclosure; and 

(v) Appropriate measures to protect 

survivors of or witnesses to activities 

prohibited in paragraph (b)(1) of this 

clause and not prevent or hinder 

cooperating fully with Government 

authorities. 

(2) The Contractor must provide a 

copy of the compliance plan to the 

Contracting Officer upon request. 

(d) Notification. (1) The Contractor 

must immediately inform, in writing, 

the Bureau for Management, Office of 

Management Policy, Budget, and 

Performance, Responsibility, 

Safeguarding and Compliance Division 

(M/MPBP/RSC) at disclosures@

usaid.gov, with a copy to the 

Contracting Officer, and USAID Office 

of Inspector General (OIG) whenever the 

Contractor receives credible information 

from any source that alleges the 

contractor, subcontractor, employee, 

agent, intern, or any other person 

provided access or contact with 

beneficiaries of foreign assistance has 

engaged in activities prohibited in 

paragraph (b)(1) of this clause; and 

(2) As soon as practicable, the 

Contractor must provide in writing, as 

specified in paragraph (d)(1) of this 

clause: 

(i) Additional information on any 

actions planned or taken in response to 

the allegation; and 

(ii) Any actions planned or taken to 

assess, address, or mitigate factors that 

contributed to the incident. 

(3) The Contracting Officer authorizes 

M/MPBP/RSC to correspond with the 

Contractor for further information 

relating to the notification. 

(4) In providing any notifications 

under this subsection, the Contractor 

should not share PII, unless specifically 

requested by the Agency or USAID OIG. 

(e) Remedies. In addition to other 

remedies available to the Government, 

the Contractor’s failure to comply with 

the requirements of paragraph (b), (c) or 

(d) of this clause may also result in the 

Agency initiating suspension or 

debarment proceedings. 

(f) Subcontracts. (1) The Contractor 

must insert the terms of this clause, 

including paragraph (f) of this clause, in 

all subcontracts, except subcontracts for 

commercial products or commercial 

services as defined at FAR 2.101, 

Definitions, unless the subcontracts are 

to provide supplies or services directly 

to the beneficiaries of foreign assistance 

(e.g., technical assistance and training) 

in foreign countries; 

(2) The clause must be inserted 

without alteration except to require 

subcontractors to notify the prime 

contractor or next higher tier 

subcontractor. The Contractor must 

forward such notifications as required 

in paragraph (d) of this clause. 

(End of clause) 

§ 752.7037 [REMOVED AND RESERVED] 

■ 4. Remove and reserve section 

752.7037 

Jami J. Rodgers, 

Chief Acquisition Officer. 

[FR Doc. 2024–03848 Filed 2–27–24; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 240222–0056] 

RIN 0648–BM84 

Fisheries of the Northeastern United 

States; 2024 and Projected 2025 

Specifications for the Atlantic Mackerel 

Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes 2024 

specifications and projected 2025 

specifications for Atlantic mackerel. The 

implementing regulations for the 

Mackerel, Squid, and Butterfish Fishery 

Management Plan (FMP) require us to 

publish specifications for the upcoming 

fishing year for each of these species 

and to provide an opportunity for public 

comment. The proposed specifications 

are intended to establish allowable 

harvest levels that will prevent 

overfishing, consistent with the most 

recent scientific information. 

DATES: Comments must be received on 

or before March 14, 2024. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2024–0010, by the following 

method: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2024–0010 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 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). 

A Supplemental Information Report 

(SIR) was prepared for these 

specifications. Copies of the SIR are 

available on request from Dr. 

Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 

North State Street, Dover, DE 19901. 

The SIR is also accessible via the 

internet at https://www.mafmc.org/ 

supporting-documents. 

FOR FURTHER INFORMATION CONTACT: 

Carly Bari, Fishery Policy Analyst, (978) 

281–9150, or carly.bari@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

General Background 

The Mid-Atlantic Fishery 

Management Council (Council) manages 

the Atlantic mackerel fishery under the 

Mackerel, Squid, and Butterfish FMP. 

The regulations implementing the FMP 

require the Council’s Mackerel, Squid, 

and Butterfish Monitoring Committee to 

develop specification recommendations 

based upon the acceptable biological 

catch (ABC) advice of the Council’s 

Scientific and Statistical Committee 

(SSC). Specifications are the combined 

suite of commercial and recreational 

catch levels and management measures 

necessary to prevent such catch levels 


ddrumheller on DSK120RN23PROD with PROPOSALS1
14618 Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Proposed Rules 

from being exceeded. As part of this 

process, the Council sets specifications 

for up to 3 years. These specifications 

are reviewed annually and may be 

revised by the Council based on 

updated information. 

The Council’s final action on these 

specifications was delayed to its 

December 2023 meeting because the 

2023 Atlantic mackerel stock 

assessment required additional peer 

review in late fall 2023 after the 

assessment indicated a change in the 

stock status. The stock status changed 

from experiencing overfishing to not 

experiencing overfishing. Although this 

change in stock status may appear to 

reflect an improvement in stock 

condition, the change is the result of 

significant catch reductions that were 

implemented in 2021, 2022, and 2023. 

The preliminary stock assessment, 

which was still subject to peer review, 

showed an unexpected failure of the 

Atlantic mackerel stock to rebuild, and 

updated projections suggested that 

Atlantic mackerel overfishing could 

occur in 2023 if the full Atlantic 

mackerel commercial quota (i.e., 3,639 

metric tons (mt)) was harvested. 

However, because the peer review of the 

assessment was not complete, the SSC 

was unable to provide its ABC 

recommendation and the Council was 

unable to make its recommendations on 

the 2024 specifications. Based on the 

preliminary assessment information, 

however, the Council requested at its 

August 2023 meeting that NMFS take 

emergency action to limit the directed 

Atlantic mackerel fishery for the 

remainder of 2023 and until these 

specifications are implemented. On 

October 13, 2023 (88 FR 70909), NMFS 

published an interim rule that reduced 

the Atlantic mackerel catch by 

instituting trip limits of 20,000 pounds 

(lb) (9.08 mt) for limited access permits 

and 5,000 lb (2.27 mt) for open access 

permits. These interim measures will 

expire on April 10, 2024, or when these 

specifications are finalized, whichever 

comes first. 

Proposed 2024 and Projected 2025 

Specifications 

The Council’s SSC met in October 

2023 to review the peer-reviewed 

management track assessment, which 

showed an unexpected failure of the 

Atlantic mackerel stock to rebuild. 

Based on this information, the SSC 

recommended an averaged 2024–2025 

ABC of 3,200 mt. These specifications 

also include deductions for the expected 

Canadian catch of 74 mt, estimated 

recreational catch of 2,143 mt, and 

estimated commercial discards of 115 

mt to set a commercial quota of 868 mt. 

This commercial quota is a 76-percent 

decrease from the 2023 commercial 

quota. 

TABLE 1—SUMMARY OF 2024 AND

PROJECTED 2025 ATLANTIC MACKEREL FISHERY SPECIFICATIONS

Specifications Metric ton 

ABC/ACL .................................... 3,200 

Canadian Catch Deduction ........ 74 

Recreational Catch Deduction .... 2,143 

Commercial Discards ................. 115 

Commercial Quota ...................... 868 

Because of the low-resulting 

commercial quota, these specifications 

also proposed reduced Atlantic 

mackerel catch by instituting trip limits 

of 20,000 lb (9.08 mt) for all limited 

access permits and 5,000 lb (2.27 mt) for 

all open access permits. These trip 

limits are unchanged from those in the 

interim rule. When 80 percent of the 

commercial quota is harvested, the trip 

limits will be further reduced to 10,000 

lb (4.54 mt) for all limited access 

permits and 2,500 lb (1.13 mt) for open 

access permits. The recreational 

possession limit will remain status quo 

at 20 fish per person. 

On February 1, 2023 (88 FR 6665), 

NMFS approved Amendment 23 to the 

Mackerel, Squid, and Butterfish FMP 

and implemented a revised rebuilding 

plan for the Atlantic mackerel stock. 

The reductions in ABC and trip limits 

included in this proposed rule were 

determined to be necessary to maintain 

the timeline by which the Atlantic 

mackerel stock is rebuilt by 2032 as 

outlined in Amendment 23. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the Mackerel, Squid, and 

Butterfish FMP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. In 

making a final determination, NMFS 

will take into account the data, views, 

and comments received during the 

comment period. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order (E.O.) 

12866. 

NMFS finds that a 15-day comment 

period for this action provides a 

reasonable opportunity for public 

participation in this action pursuant to 

section 553(c) of the Administrative 

Procedure Act (5 U.S.C. 553(c)), while 

also ensuring that the final 

specifications are in place before the 

interim measures currently in place to 

reduce Atlantic mackerel catch expire 

on April 10, 2024. The Council adopted 

these specifications on December 13, 

2023, and submitted a preliminary draft 

of the supplemental information report 

on January 3, 2024. Substantial edits to 

the economic analysis were required for 

regional economist clearance for the 

Regulatory Flexibility Act, E.O. 12866, 

and E.O. 14094. The NMFS regional 

economist provided clearance on 

February 9, 2024. After incorporating 

that economic analysis into the rule 

document and having the rule reviewed 

by regional staff, the rule was submitted 

to NMFS headquarters on February 16, 

2024. NMFS then submitted the rule to 

Commerce’s Office of the General 

Counsel for review on February 20, 

2024. Thus, NMFS has taken all diligent 

steps to promulgate this rule as quickly 

as possible but could not have 

published the rule sooner because the 

data necessary for the Council to 

develop these specifications was not yet 

finalized. 

A longer comment period and 

subsequent potential delay in 

implementation past this date would be 

contrary to the public interest, as it 

could create confusion in the industry 

around current quotas and applicable 

trip limits. Comments were collected on 

the interim rule (88 FR 70909, October 

13, 2023), which implemented the same 

trip limits as this action, for 30 days and 

no comments were submitted. While 

NMFS is not waiving the comment 

period in its entirety, a 30-day comment 

period here could result in the interim 

measures expiring, at which point the 

2023 specifications would return as a 

replacement pursuant to the rollover 

provisions of the Atlantic mackerel 

regulations found at 50 CFR 

648.22(d)(1). As noted above, the 2023 

specifications were determined to 

exceed overfishing levels, and should 

those measures roll over into the 2024 

fishing year there is a risk that in the 

high-volume Atlantic mackerel fishery 

there could be overfishing. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The Council conducted an evaluation 

of the potential socioeconomic impacts 

of the proposed measures in 

conjunction with a SIR. The proposed 

action would set the 2024 catch and 

landings limits for Atlantic mackerel 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Proposed Rules 14619 

based on the recommendations of the 

SSC and the Council. This action also 

provides projected 2025 Atlantic 

mackerel specifications; however, a 

future action would be needed to 

implement these specifications or 

alternative measures for that year. 

The Council conducted an evaluation 

of the potential socioeconomic impacts 

of the proposed measures in 

conjunction with the SIR. This proposed 

action would affect all vessels that hold 

any commercial permits for Atlantic 

mackerel. Some small entities own 

multiple vessels with Atlantic mackerel 

permits. In 2023, there were 116 limited 

access permits, and 1,500 open access/ 

incidental mackerel permits, for a total 

of 1,616 permits. These permits were 

held by 1,197 entities, 1,186 of which 

were small business entities and 11 

were classified as large businesses. 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 

(North American Industry Classification 

System Code 11411). 

The average commercial landings 

from 2021–2023 were 3,520 mt (2023 

preliminary). This is 2,652 mt more than 

the proposed 868 mt commercial quota 

proposed in this rule. At 2022 prices, 

this could potentially amount to 

$2,382,849 less revenue annually 

($1,991 less annually per entity). There 

is no information to suggest that the 

1,186 small business entities would be 

differentially impacted compared to the 

11 large business entities. 

Due to declines in the mackerel 

fishery, relatively few vessels have been 

active in the Atlantic mackerel fishery. 

Only 20 vessel permits had more than 

$10,000 in Atlantic mackerel revenues 

in 2022. In 2023, only 12 vessels had 

more than $10,000 in Atlantic mackerel 

revenues and obtained more than 10 

percent of their 2023 ex-vessel revenues 

from mackerel. These vessel can be 

further grouped into 6 smaller operators 

that averaged about $33,000 in 2023 

mackerel landings (averaging about 

$55,000 in total ex-vessel landings 

revenues) and 6 larger operators that 

averaged about $407,000 in 2023 

mackerel landings (averaging about 

$1,179,000 in total ex-vessel landings 

revenues). These 6 larger vessel/ 

operators are likely to be substantially 

impacted by this action. Three of those 

vessels belong to small entities but 

further revenue breakdown would likely 

violate the spirit of maintaining data 

confidentiality. Typically, NMFS would 

disclose data if at least three entities 

were included because that will usually 

maintain confidentiality, but in this 

case, even though there are three 

entities, NMFS is not disclosing more 

information because it is concerned it 

would violate confidentiality for those 

entities. 

Given the relatively few vessels that 

have been landing more than small 

values of Atlantic mackerel in recent 

years, this action is not expected to have 

a significant adverse impact on a 

substantial number of small entities. 

There is no information that the action 

might impact small businesses 

differently than large businesses or 

unduly inhibit the ability of small 

entities to compete. 

There are no new information 

collection requirements, including 

reporting or recordkeeping 

requirements, contained in this action. 

List of Subjects in 50 CFR Part 648. 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: February 22, 2024. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR part 648 as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.24, revise paragraphs 

(b)(1)(i) and (ii) to read as follows: 

§ 648.24 Fishery closures and 

accountability measures. 

* * * * * 

(b) * * * 

(1) * * * 

(i) Unless otherwise determined in 

paragraph (b)(1)(ii) of this section, 

NMFS will close the commercial 

Atlantic mackerel fishery, which 

includes vessels issued an open access 

or limited access Atlantic mackerel 

permit, in the EEZ when the Regional 

Administrator projects that 80 percent 

of the Atlantic mackerel DAH is 

harvested. The closure of the 

commercial fishery shall be in effect for 

the remainder of that fishing year, with 

incidental catches allowed, as specified 

in § 648.26. 

(ii) NMFS has the discretion to not 

implement measures outlined in 

paragraph (b)(1)(i) of this section during 

November and December if the Regional 

Administrator projects that commercial 

Atlantic mackerel landings will not 

exceed the DAH during the remainder of 

the fishing year. 

* * * * * 

■ 3. In § 648.26, revise paragraph (a) to 

read as follows: 

§ 648.26 Mackerel, squid, and butterfish 

possession restrictions. 

(a) Atlantic mackerel—(1) Initial 

commercial possession limits. A vessel 

must be issued a valid limited access 

Atlantic mackerel permit to fish for, 

possess, or land more than 5,000 lb 

(2.27 mt) of Atlantic mackerel in or 

harvested from the EEZ per trip, 

provided the fishery has not been closed 

as specified in § 648.24(b)(1). 

(i) A vessel issued a Tier 1, 2, or 3 

limited access mackerel permit is 

authorized to fish for, possess, or land 

up to 20,000 lb (9.098 mt) of Atlantic 

mackerel in or harvested from the EEZ 

per trip, and may only land Atlantic 

mackerel once on any calendar day, 

which is defined as the 24-hr period 

beginning at 0001 hours and ending at 

2400 hours, provided that the fishery 

has not been closed because of a 

commercial fishery closure, as specified 

in § 648.24(b)(1). 

(ii) A vessel issued an open access 

Atlantic mackerel permit may fish for, 

possess, or land up to 5,000 lb (2.27 mt) 

of Atlantic mackerel in or harvested 

from the EEZ per trip, and may only 

land Atlantic mackerel once on any 

calendar day, which is defined as the 

24-hr period beginning at 0001 hours 

and ending at 2400 hours, provided that 

the fishery has not been closed because 

of a commercial fishery closure as 

specified in § 648.24(b)(1). 

(iii) Both vessels involved in a pair 

trawl operation must be issued a valid 

Atlantic mackerel permit to fish for 

possess, or land Atlantic mackerel in the 

EEZ. Both vessels must be issued the 

Atlantic mackerel permit appropriate for 

the amount of Atlantic mackerel jointly 

possessed by both of the vessels 

participating in the pair trawl operation. 

(2) Atlantic mackerel closure 

possession restrictions. Any Atlantic 

mackerel possession restrictions 

implemented under paragraph (a)(2) of 

this section will remain in place for the 

rest of the fishing year, unless further 

restricted by a subsequent action. If the 

entire commercial Atlantic mackerel 

fishery is closed due to harvesting the 

river herring/shad catch cap, as 

specified in § 648.24(b)(6) before a 

commercial fishery closure, then the 

Atlantic mackerel possession 

restrictions specified in 

§ 648.26(a)(2)(iii) shall remain in place 

for the rest of the fishing year. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
14620 Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Proposed Rules 

(i) Limited Access Fishery. During a 

closure of the commercial Atlantic 

mackerel fishery pursuant to 

§ 648.24(b)(1)(i), when 80 percent of the 

DAH is harvested, vessels issued a Tier 

1, 2, or 3 limited access Atlantic 

mackerel permit, may not take and 

retain, possess, or land more than 

10,000 lb (4.54 mt) of Atlantic mackerel 

per trip at any time, and may only land 

Atlantic mackerel once on any calendar 

day, which is defined as the 24-hr 

period beginning at 0001 hours and 

ending at 2400 hours. 

(ii) Open Access Fishery. During a 

closure of the Atlantic mackerel 

commercial sector pursuant to 

§ 648.24(b)(1)(i), when 80 percent of the 

DAH is harvested, vessels issued an 

open access Atlantic mackerel permit 

may not take and retain, possess, or land 

more than 2,500 lb (1.13 mt) of Atlantic 

mackerel per trip at any time, and may 

only land Atlantic mackerel once on any 

calendar day, which is defined as the 

24-hr period beginning at 0001 hours 

and ending at 2400 hours. 

(iii) River herring/shad catch cap 

closure. During a closure of the limited 

access commercial Atlantic mackerel 

fishery pursuant to § 648.24(b)(6), when 

95 percent of the river herring/shad 

catch cap has been harvested, vessels 

issued an open or limited access 

Atlantic mackerel permit may not take 

and retain, possess, or land more than 

20,000 lb (9.08 mt) of Atlantic mackerel 

per trip at any time, and may only land 

once on any calendar day, which is 

defined as the 24-hr period beginning at 

0001 hours and ending at 2400 hours. 

(3) Recreational possession limits. 

The recreational Atlantic mackerel 

possession limit for charter/party and 

private recreational anglers is 20 

Atlantic mackerel per person per trip, 

including for-hire crew. 

* * * * * 

[FR Doc. 2024–04109 Filed 2–27–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 240222–0057] 

RIN 0648–BM53 

Fisheries Off West Coast States; West 

Coast Salmon Fisheries; Federal 

Salmon Regulations for Overfished 

Species Rebuilding Plans 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, request for 

comments. 

SUMMARY: NMFS proposes revisions to 

regulations that implement the Pacific 

Fishery Management Council’s 

(Council) Pacific Coast Salmon Fishery 

Management Plan (FMP). This proposed 

action would remove a rebuilding plan 

for Snohomish River coho salmon from 

regulation, as this stock has been rebuilt 

and is no longer required to be managed 

under a rebuilding plan. 

DATES: Comments on this proposed rule 

must be received on or before March 14, 

2024. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0138 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 type 

NOAA–NMFS–2023–0138 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: 

Regulations at 50 CFR part 660, subpart 

H implement the management of West 

Coast salmon fisheries under the FMP in 

the exclusive economic zone (3 to 200 

nautical miles (5.6 to 370.4 kilometers)) 

off the coasts of the States of 

Washington, Oregon, and California. 

The Snohomish River coho salmon 

stock contributes to U.S. ocean salmon 

fisheries north of Cape Falcon, ocean 

salmon fisheries off British Columbia, 

and marine and freshwater Puget Sound 

salmon fisheries. In 2018, NMFS 

determined that Snohomish River coho 

salmon was overfished under the 

Magnuson-Stevens Fishery and 

Conservation Management Act (MSA) 

(Letter from Barry A. Thom, NMFS West 

Coast Regional Administrator, to Chuck 

Tracy, Pacific Fishery Management 

Council Executive Director, dated June 

18, 2018). The MSA requires Councils to 

develop and implement a rebuilding 

plan within two years of being notified 

by NMFS that a stock is overfished. The 

Council transmitted its recommended 

rebuilding plan to NMFS on October 17, 

2019, which was similar to the existing 

management framework, to rebuild 

Snohomish River coho salmon. 

The Council determined that the 

recommended rebuilding plan met the 

MSA requirement to rebuild the stock as 

quickly as possible, taking into account 

the status and biology of any overfished 

stock and the needs of fishing 

communities (50 CFR 600.310(j)(3)(i)). 

NMFS approved and implemented the 

Council’s recommended rebuilding plan 

for Snohomish River coho salmon 

through a final rule (86 FR 9301; 

February 21, 2021). 

In 2023, NMFS determined that 

Snohomish River coho salmon met the 

criteria in the FMP for being rebuilt and 

notified the Council (Letter from 

Jennifer Quan, NMFS West Coast 

Regional Administrator, to Merrick 

Burden, Pacific Fishery Management 

Council Executive Director, dated 

October 13, 2023). A stock is rebuilt 

when the 3-year geometric mean 

spawning escapement exceeds the level 

associated with the maximum 

sustainable yield (SMSY). When 

Snohomish River coho salmon was 

determined to be overfished, the 3-year 

geometric mean was 29,677 (2014 to 

2016). The most recent three-year 

geometric mean of the spawning 

escapement reported for this stock (2019 

to 2021) is 55,154, which exceeds the 

spawning escapement requirement to 

achieve SMSY for this stock, 50,000 

spawners. As the stock is rebuilt, it is no 

longer required to be managed under a 

rebuilding plan and the Snohomish 

River coho salmon rebuilding plan 

should be removed from regulation to 

avoid confusion regarding the stock’s 

status. Additionally, removing the 

Snohomish River coho salmon 

rebuilding plan from regulation will 

avoid confusion should NMFS make a 

future determination that the 

Snohomish River coho salmon stock is 

overfished again, in which case the 

MSA requires the Council to prepare 

and implement a rebuilding plan within 

two years of that determination (50 CFR 

600.310(j)(2)(ii)). Leaving the current 

rebuilding plan in regulation could 


ddrumheller on DSK120RN23PROD with PROPOSALS1