14066 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title 

State 

effective 

date 

EPA Approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire 

State of Missouri 

10 CSR 10–6.060 Construction Permits Required.10/30/13 3/18/15 [Insert Federal 

Register citation].

Provisions of the 2010 PM2.5 PSD—Increments, 

SILs and SMCs rule (75 FR 64865, October 20, 

2010) relating to SILs and SMCs that were affected by the January 22, 2013 U.S. Court of 

Appeals decision are not SIP approved. 

Provisions of the 2002 NSR reform rule relating to 

the Clean Unit Exemption and Pollution Control 

Projects are not SIP approved. 

In addition, we have not approve Missouri’s rule 

incorporating EPA’s 2007 revision fo the definition of ‘‘chemical processing plants’’ (the ‘‘Ethanol Rule,’’ 72 FR 24060 (May 1, 2007). 

Although exemptions previously listed in 10 CSR 

10–6.060 have been transferred to 10 CSR 10– 

6.061, the Federally-approved SIP continues to 

include the following exemption, ‘‘Livestock and 

livestock handling systems from which the only 

potential contaminant is odorous gas.’’ 

Section 9, pertaining to hazardous air pollutants, is 

not SIP approved. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–06153 Filed 3–17–15; 08:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 150227200–5200–01] 

RIN 0648–BE79 

Fisheries Off West Coast States; West 

Coast Salmon Fisheries; Management 

Reference Point Updates for Three 

Stocks of Pacific Salmon 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes updates to 

management reference point values for 

Southern Oregon coastal Chinook 

salmon, Grays Harbor fall Chinook 

salmon, and Willapa Bay natural coho, 

as recommended by the Pacific Fishery 

Management Council (Council) for use 

in developing annual management 

measures beginning in 2015. This 

update is implemented as part of the 

2014 methodology review where the 

Council and its advisory bodies 

considered new information on the 

three stocks of salmon to make a 

determination on whether changes to 

reference points for these stocks were 

warranted. 

DATES: Comments on this proposed rule 

must be received on or before April 2, 

2015. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2015–0014, 

by any one of the following methods: • Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2015- 

0014, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, West Coast 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–0070. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. 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. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on http://www.regulations.gov without 

change. All personal identifying 

information (e.g., name, address, etc.) 

submitted voluntarily by the sender will 

be publicly accessible. Do not submit 

confidential business information or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter N/A in the 

required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Peggy Mundy at 206–526–4323. 

SUPPLEMENTARY INFORMATION: 

Background 

The Council manages West Coast 

ocean salmon fisheries under the Pacific 

Coast Salmon Fishery Management Plan 

(FMP). The FMP has long used stockspecific conservation objectives to 

manage fishery impacts to Councilmanaged salmon stocks. Conservation 

objectives are, generally, fixed 

quantities intended to provide the 

necessary guidance during the course of 

the annual preseason planning process 

to establish salmon fishing seasons that 

achieve optimum yield. Under the FMP, 

conservation objectives can be added or 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules 14067 

changed either through a plan 

amendment or notice and comment 

rulemaking if a comprehensive 

technical review of the best scientific 

information available provides evidence 

that, in the view of the Salmon 

Technical Team (STT), Scientific and 

Statistical Committee (SSC), and the 

Council, justifies a modification (FMP 

section 3.2.2). 

In 2009, NMFS amended the 

guidelines for National Standard 1 

(NS1) of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA) at 50 CFR 600.310 to provide 

guidance on how to comply with new 

annual catch limit (ACL) and 

accountability measure requirements for 

ending overfishing of fisheries managed 

by Federal fishery management plans, 

including status determination criteria 

(SDC) (74 FR 3204). Amendment 16 to 

the FMP (76 FR 81851) defined a suite 

of reference points for salmon, 

consistent with the revised NS1 

guidelines. In the FMP, SDC are defined 

in terms of quantifiable, biologicallybased reference points, or population 

parameters, including: maximum 

sustainable yield (MSY), MSY fishing 

mortality rate (FMSY), MSY spawner 

abundance (SMSY), minimum stock size 

threshold (MSST), and maximum 

fishery mortality threshold (MFMT, 

generally equal to FMSY). Under the 

FMP, changes to SDC can be made 

without a plan amendment if a 

comprehensive technical review of the 

best scientific information available 

provides evidence that, in the view of 

the STT, SSC, and the Council, a 

modification of the values of the SDC is 

justified (FMP section 3.1.7). 

As part of the 2014 methodology 

review, the Council and its advisory 

bodies considered new information on 

three stocks of salmon (Southern Oregon 

coastal Chinook salmon, Grays Harbor 

fall Chinook salmon, and Willapa Bay 

natural coho) to make a determination 

on whether changes to reference points 

for these stocks were warranted. A joint 

methodology review was conducted by 

the STT, SSC, and the Model Evaluation 

Workgroup at the Council offices in 

Portland, OR, October 21–23, 2014. The 

results of the methodology review were 

presented at the Council meeting in 

Costa Mesa, CA, November 12–19, 2014. 

Both the methodology review and the 

Council meeting were open to the 

public and were announced in the 

Federal Register (79 FR 59741, October 

3, 2014 and 79 FR 63900, October 27, 

2014). Documents considered by the 

Council are available on the Council 

Web site (http://www.pcouncil.org/

resources/archives/briefing-books/

november-2014-briefing-book/

#salmonNov2014). The Council 

transmitted their recommended changes 

to NMFS in a letter dated January 23, 

2015. This proposed rule describes the 

reference point updates that are being 

proposed for implementation in the 

FMP in developing annual management 

measures beginning in 2015. 

Southern Oregon Coastal Chinook 

Salmon 

The Southern Oregon coastal Chinook 

salmon stock, a component of the 

Southern Oregon Northern California 

Chinook stock complex, is an aggregate 

of natural and hatchery fall and spring 

Chinook salmon populations in Oregon 

streams south of the Elk River (e.g., 

Rogue River, Pistol River, and Chetco 

River), plus spring Chinook salmon 

from the Umpqua River. Rogue River 

fall Chinook are used to indicate relative 

abundance of Southern Oregon coastal 

Chinook salmon. The current 

conservation objective for this stock is 

60–90 fish per mile in three standard 

index areas. At the 2014 methodology 

review, the Oregon Department of Fish 

and Wildlife (ODFW) provided an 

analysis that was used by the State of 

Oregon in 2013 to adopt new State 

management objectives for Rogue River 

fall Chinook. The analysis used a Ricker 

spawner-recruit relationship for Rogue 

River fall Chinook that included smolt 

survival and mean summer flow 

covariates. ODFW proposed that the 

Council adopt their conservation 

objective and reference points for 

Southern Oregon coastal Chinook 

salmon in the FMP, while keeping this 

stock as a component of the Southern 

Oregon Northern California stock 

complex (where Klamath River fall 

Chinook is the indicator stock). ODFW’s 

spawner-recruit analysis resulted in an 

SMSY point estimate of 34,992 and FMSY

of 54 percent. ODFW used the 75th 

percentile of the SMSY posterior 

distribution (36,880 natural-area 

spawners) as an estimate of SMSY to 

determine an MSST of 18,440 naturalorigin spawners (MSST = 0.5 * 36,880). 

ODFW also proposed a stock 

conservation objective of 41,000 

naturally-produced adults passing 

Huntley Park in the Rogue River, near 

Gold Beach, OR. 

The STT and SSC evaluated ODFW’s 

analysis and recommended that the 

Council adopt ODFW’s proposed values 

as described above. The SSC 

recommended ODFW’s proposed values 

for SMSY and FMSY but noted that the 

choice of MSST, above 50 percent of 

SMSY, was a policy decision. Based on 

information from the 2014 methodology 

review and the advisory body 

recommendations, the Council adopted 

the following reference point value 

updates for southern Oregon coastal 

Chinook salmon and NMFS proposes to 

implement them: 

• Conservation objective: 41,000 

naturally-produced adults passing 

Huntley Park 

• SMSY 34,992 natural-area spawners 

• MFMT (FMSY): 54 percent 

• MSST: 18,440 (20,500 measured at 

Huntley Park) natural-origin spawners 

Grays Harbor Fall Chinook Salmon 

During the 2014 methodology review, 

Washington Department of Fish and 

Wildlife (WDFW) staff presented a 

spawner-recruit analysis for Grays 

Harbor fall Chinook salmon. The 

analysis produced an estimated SMSY of 

13,326 for the Chehalis and Humptulips 

Rivers combined (9,753 and 3,573, 

respectively). This estimate is slightly 

lower than the current management 

objective of 14,600 natural-area 

spawners, which was adopted in 1979 

based on available spawning habitat. 

The new SMSY estimate of 13,326 is 

currently being used by the Pacific 

Salmon Commission; adoption by the 

Council provides consistency between 

the FMP and the Pacific Salmon Treaty. 

The STT and SSC agreed that WDFW’s 

estimate of SMSY represents the best 

available science, and recommended 

that the Council adopt this estimate of 

SMSY, and associated reference points 

developed by the STT, for the salmon 

FMP. 

Based on information from the 2014 

methodology review and the advisory 

body recommendations, the Council 

adopted the recommended stock 

productivity methodology and the 

resulting SMSY value. However, the 

Council’s action was not explicit with 

respect to the values for the associated 

reference points, specifically MSST and 

MFMT. The Council and NMFS use 

MSST to determine if a stock is 

overfished, and MFMT to determine if 

overfishing is occurring. Because it is 

necessary to make determinations as to 

whether the Grays Harbor fall Chinook 

salmon stock is overfished or 

experiencing overfishing in preparation 

for the development of the 2015 

management measures, NMFS is 

proposing to implement values for 

MSST and MFMT based on the 

recommendations of the STT, pursuant 

to NMFS’ independent rulemaking 

authority (18 U.S.C. 1855(d)). Should 

the Council choose to adopt a different 

value for MSST or MFMT, NMFS will 

determine the appropriate process for 

considering those values. The FMP 

states that MSST is generally defined as 

0.5 * SMSY or 0.75 * SMSY, although 

there are some exceptions. Currently, 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
14068 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules 

MSST for Grays Harbor fall Chinook is 

MSST = 0.5 * SMSY. Applying the same 

approach to the proposed SMSY value of 

13,326 results in an MSST of 6,663 

natural-area spawners. Applying the 

spawner-recruit parameter estimates 

from WDFW’s analysis, as 

recommended by the STT as the best 

available science, yields an MFMT of 63 

percent. Therefore, based on the 

recommendation of the Council and the 

advisory bodies, NMFS proposes the 

following reference point value updates 

for Grays Harbor fall Chinook salmon: 

• Conservation objective: 13,326 

spawners (equal to SMSY, per FMP 

section 3.2.1) 

• SMSY: 13,326 spawners (9,753 in the 

Chehalis River and 3,573 in the 

Humptulips River) 

• MFMT (FMSY): 63 percent (application 

of WDFW’s spawner-recruit analysis 

as recommended by the STT) 

• MSST: 6,663 natural-area spawners 

(MSST = 0.5 * SMSY) (application of 

current policy to updated SMSY). 

Willapa Bay Natural Coho 

The Willapa Bay natural coho salmon 

stock was added to the FMP under 

Amendment 16, but without a 

conservation objective and other 

reference point values. WDFW’s habitatbased escapement goal (i.e., adult 

salmon escaping the fishery to return to 

freshwater habitat for spawning) for this 

stock is 13,090 natural-origin fish. The 

STT performed a spawner-recruit 

analysis, which produced an estimated 

SMSY of 17,200 natural-area spawners, 

and an FMSY of 74 percent. The STT 

recommended that the Council adopt 

reference points for this stock based on 

this analysis. The STT’s 

recommendation also included an 

MFMT of 74 percent, a MSST of 8,600 

natural-area spawners (MSST = 0.5 * 

SMSY), and annual catch limit calculated 

on the basis of FACL = 0.95 * FMSY = 71 

percent. The SSC supported these 

recommendations. 

Based on information from the 2014 

methodology review and the advisory 

body recommendations, the Council 

adopted the recommended stock 

productivity methodology and the 

resulting SMSY and MFMT values. 

However, the Council’s action was not 

explicit with respect to the value for 

MSST. The Council and NMFS use 

MSST to determine if a stock is 

overfished. Because it is necessary to 

determine whether the Willapa Bay 

natural coho stock is overfished, in 

preparation for the development of the 

2015 management measures, NMFS is 

proposing to implement a value for 

MSST based on the recommendations of 

the STT, pursuant to NMFS’ 

independent rulemaking authority (18 

U.S.C. 1855(d)). Should the Council 

choose to adopt a different value for 

MSST, it should confer with NMFS 

regarding the appropriate process for 

addressing this value. As noted above, 

the FMP states that MSST is generally 

defined as 0.5 * SMSY or 0.75 * SMSY. 

The Council has generally applied a 

policy of MSST = 0.5* SMSY. Applying 

this approach to the proposed SMSY

value of 17,200 results in an MSST of 

8,600 natural-area spawners. Therefore, 

based on the recommendation of the 

Council and the advisory bodies, NMFS 

proposes the following reference point 

values for Willapa Bay natural coho: 

• Conservation objective: 17,200 

natural-area spawners (equal to SMSY, 

per FMP section 3.2.1) 

• SMSY: 17,200 natural-area spawners 

• MFMT (FMSY): 74 percent 

• MSST: 8,600 natural-area spawners 

(MSST = 0.5 * SMSY) 

In addition, because Willapa Bay 

natural coho is not managed under an 

international agreement, listed under 

the ESA, or designated as a hatchery 

stock, the FMP requires that it be 

managed with an ACL (FMP sections 

3.3.3 and 3.3.4). Because it is not part 

of a stock complex, it will be managed 

using an individual stock ACL. The 

Council and NMFS will determine the 

ACL annually, based on annual 

abundance projections and the 

appropriate formula set forth in the FMP 

(FMP section 3.3.4). Because the 

Council has recommended, and NMFS 

proposes to adopt, a directly estimated 

value for FMSY, Willapa Bay natural 

coho is a Tier 1 stock for purposes of 

determining the acceptable biological 

catch (ABC) and the ACL. According to 

the FMP, for a Tier 1 stock, FABC = FMSY

* 0.95, FABC = FACL, and FACL is applied 

to the projected annual abundance to 

determine the ACL escapement level for 

the year (FMP sections 3.3.3 and 3.3.4). 

As noted earlier, the Council is 

expected to address the reference points 

for Willapa Bay natural coho salmon 

that were not explicit in its prior action 

at its March meeting. It is possible that 

it could recommend values for MSST 

that are different from those proposed 

above. Were this to occur, the 

recommended values would likely be 

0.75 * SMSY or between that value and 

0.5 * SMSY, based on the definition of 

MSST set forth in the FMP. 

Classification 

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

MSA, the NMFS Assistant 

Administrator has determined that this 

proposed rule is consistent with the 

Pacific Salmon Fishery Management 

Plan, the MSA, and other applicable 

law, subject to further consideration 

after public comment. As described 

above, NMFS is proposing portions of 

this rule according to section 305(d) of 

the MSA. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The West Coast Regional 

Administrator has determined that the 

actions of this proposed rule qualify for 

categorical exclusion from further NEPA 

analysis under NAO 216–6. 

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 purpose of the Regulatory 

Flexibility Act (RFA) is to relieve small 

businesses, small organizations, and 

small governmental entities of 

burdensome regulations and recordkeeping requirements. Major goals of the 

RFA are: (1) To increase agency 

awareness and understanding of the 

impact of their regulations on small 

business, (2) to require agencies 

communicate and explain their findings 

to the public, and (3) to encourage 

agencies to use flexibility and to provide 

regulatory relief to small entities. The 

RFA emphasizes predicting impacts on 

small entities as a group distinct from 

other entities and the consideration of 

alternatives that may minimize the 

impacts while still achieving the stated 

objective of the action. An initial 

regulatory flexibility analysis (IRFA) is 

conducted unless it is determined that 

an action will not have a ‘‘significant 

economic impact on a substantial 

number of small entities.’’ 

The objective of this proposed rule is 

to update management reference points 

for three stocks of salmon under the 

FMP. This proposed rule would impact 

vessels harvesting salmon from the 

ocean troll fishery. The following 

fishery information is found in the 

Council’s Review of 2013 Ocean Salmon 

Fisheries Stock Assessment and 

Fisheries Evaluation Document. In 2013, 

there were 2,270 permits issued for this 

fishery, with a total ex-vessel value of 

$34.1 million. Of the 2,270 permits, 

only 1,177 actually landed salmon all 

within the states of California, Oregon 

and Washington. In California, 670 

vessels landed salmon for an ex-vessel 

value of $23.6 million; in Oregon, 399 

vessels landed salmon for an ex-vessel 

value of $7.6 million; and in 

Washington, 108 vessels landed salmon 

for an ex-vessel value of $2.8 million. 

Treaty Indian ocean fisheries landed 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules 14069 

salmon with an ex-vessel value of $6.4 

million. 

On June 12, 2014, the Small Business 

Administration (SBA) issued an interim 

final rule revising the small business 

size standards for several industries 

effective July 14, 2014 (79 FR 33467 

(June 12, 2014)). The rule increased the 

size standard from $19.0 to $20.5 

million for finfish fishing, from $5 to 

$5.5 million for shellfish fishing, and 

from $7.0 million to $7.5 million for 

other marine fishing, for-hire 

businesses, and marinas. Based on this 

size standard, all 1,177 vessels that 

landed salmon from the ocean troll 

fishery are considered small under the 

Small Business Administration 

approved definition of a small fish 

harvester. Therefore, there are no 

disproportionate impacts between small 

and large vessels. Furthermore, there are 

no disproportionate impacts based on 

homeport, gear type, or vessel size from 

the promulgation of this proposed rule. 

This proposed rule would not result 

in any immediate impacts on revenues 

or costs for the small entities 

participating in the Pacific salmon 

fishery; the updated management 

reference point values will be 

considered within the overall suite of 

criteria that are used to frame the annual 

management measures. The 

management reference points are used 

to set Council management goals, 

identify when overfishing is occurring, 

and identify when a stock is overfished. 

These values all have the potential to 

impact how annual salmon management 

measures are structured, specifically 

what constraints are needed to manage 

impacts. However, the salmon fishery 

impacts a large number of stocks, and 

the fishery as a whole must be managed 

to meet management goals for every 

stock. Depending on abundance 

projections for a given year, meeting 

management goals for a few particularly 

limiting stocks typically results in 

fisheries that are not limited by 

management goals for the remaining 

stocks. Therefore, the proposed changes 

would only impact fishery revenues in 

years when any of the three affected 

salmon stocks are constraining to 

fisheries, which is unlikely based on 

historical data. 

As a result, an IRFA is not required 

and none has been prepared. NMFS will 

conduct the appropriate analyses for 

any subsequent rulemakings stemming 

from this proposed rule. 

This proposed rule would not 

establish any new reporting or 

recordkeeping requirements. This 

proposed rule does not include a 

collection of information. No Federal 

rules have been identified that 

duplicate, overlap, or conflict with this 

action. 

This action is not expected to have 

adverse effects on any species listed 

under the Endangered Species Act 

(ESA) or designated critical habitat. This 

action modifies reference points used in 

the setting of annual management 

measures for West Coast salmon 

fisheries. NMFS has current ESA 

biological opinions that cover fishing 

under annual regulations adopted under 

the FMP on all listed salmon species. 

NMFS reiterates their consultation 

standards for all ESA-listed salmon and 

steelhead species in their annual 

Guidance letter to the Council. Some of 

NMFS past biological opinions have 

found no jeopardy, and others have 

found jeopardy, but provided reasonable 

and prudent alternatives to avoid 

jeopardy. The annual management 

measures are designed to be consistent 

with the biological opinions that found 

no jeopardy, and with the reasonable 

and prudent alternatives in the jeopardy 

biological opinions. The Council’s 

recommended management measures, 

which will be consistent with the 

reference points proposed here, 

therefore comply with NMFS’ 

consultation standards and guidance for 

all listed salmon species which may be 

affected by Council fisheries. In some 

cases, the recommended measures are 

more restrictive than NMFS’ ESA 

requirements. 

In 2009, NMFS consulted on the 

effects of fishing under the Salmon FMP 

on the endangered Southern Resident 

Killer Whale Distinct Population 

Segment (SRKW) and concluded the 

salmon fisheries were not likely to 

jeopardize SRKW. Annual salmon 

management measures are designed to 

be consistent with the terms of that 

biological opinion. 

This proposed rule was developed 

after meaningful collaboration with the 

affected tribes, through the Council 

process. Under the MSA at 16 U.S.C. 

1852(b)(5), one of the voting members of 

the Council must be a representative of 

an Indian Tribe with Federally 

recognized fishing rights from the area 

of the Council’s jurisdiction. 

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

Dated: March 12, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2015–06144 Filed 3–17–15; 8:45 am] 

BILLING CODE 3510–22–P 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS