FR 2021-03204

The National Marine Fisheries Service (NMFS) has issued a final rule aimed at minimizing the unintended capture of certain salmon species in the Pacific Coast groundfish fishery. Specifically, the rule targets the reduction of bycatch involving Chinook and coho salmon, which are protected under the Endangered Species Act. This move aligns with broader conservation efforts and draws support from various environmental advocates.

General Overview

The rule introduces several new management tools designed to effectively reduce salmon bycatch. Among these are area closures and specific gear requirements that fishing vessels must follow. Additionally, conditions are set whereby participants in the fishery can access a "Chinook salmon bycatch reserve," a contingency pool of allowed salmon bycatch intended to prevent the overall fishery from exceeding established bycatch limits.

An interesting facet of this rule is the introduction of Salmon Mitigation Plans (SMPs). These allow groups of vessels to manage their salmon bycatch proactively. The SMPs provide vessels with certain flexibilities and permit access to the bycatch reserve if they demonstrate efforts to minimize bycatch.

Notable Issues and Concerns

The document is laden with technical terms and acronyms, which could confound those not versed in fishery management jargon. Terms like SMP, BAC (Block Area Closures), SFFT (Selective Flatfish Trawl), and BRAs (Bycatch Reduction Areas) are used without immediate clarification, which could hinder the understanding of key provisions. Additionally, there is frequent reference to prior regulations and decisions, such as the 2017 NMFS Biological Opinion, that require background knowledge to follow.

Perhaps the most intricate part of the rule is how it details the conditions under which the Chinook salmon reserve can be accessed. The text contains multiple contingencies and sector-specific conditions, which could be streamlined with a decision flowchart to enhance comprehension.

Another significant concern lies in enforcement. While the rule mentions new compliance measures, there is limited detail on enforcement mechanisms for the Salmon Mitigation Plans and Block Area Closures. More robust explanation here could bolster stakeholders’ confidence in the regulations' effectiveness.

Impact on the Public

Broadly, this rule represents a proactive step toward sustainable fishing practices, which benefits environmental conservation efforts and the broader ecosystem. By striving to reduce salmon bycatch, the rule supports not only fish populations but also larger predators reliant on salmon, such as endangered orca whales.

Impact on Specific Stakeholders

For fishing entities, especially small businesses, the rule could pose both challenges and opportunities. The introduction of gear requirements and area closures could incur operational costs and necessitate procedural adaptations. However, the flexibility offered through SMPs might provide some operational ease, allowing vessels to continue fishing in regulated areas under specific conditions.

Environmental groups and advocates are likely to view this rule positively, as it directly aligns with efforts to protect endangered salmon species. Industry groups, while generally supportive, expressed some concerns about the rule’s operational logistics, such as meeting the requirements for SMP agreements and adapting to new fishing restrictions.

Overall, the rule underscores a concerted effort by federal agencies to balance environmental conservation with industry needs. However, clarity, enforcement, and economic impacts remain areas that require ongoing attention to ensure the rule achieves its intended outcomes effectively.

The document provides a detailed overview of the rules and regulations regarding salmon bycatch minimization for the Pacific Coast groundfish fishery, as laid out by the National Marine Fisheries Service (NMFS). Among these regulations, there are several financial references that are integral to understanding the economic impact on small businesses and entities in the fishing industry.

Definition of Small Entities

The regulations define a small harvesting business as an entity with combined annual receipts of $11 million or less for all affiliated operations worldwide. For marinas and charter/party boats, a small business is classified as one with annual receipts not exceeding $7.5 million. Furthermore, nonprofit organizations are considered small if they have combined annual receipts of $15 million or less for environmental, conservation, or professional organizations, and $7.5 million or less for other organizations.

These definitions are crucial for determining which entities will be affected by the regulatory changes and to what extent they are considered "small" under federal guidelines. This classification directly impacts how the rules are applied and the level of regulatory flexibility that may be offered to these businesses.

Revenue and Economic Impact

The regulations assume that all open access vessels are small entities, with ex-vessel revenues averaging $8,966 in 2018 for all landings. This financial snapshot provides context for the economic scale of the businesses impacted by the regulatory changes.

A significant concern within the document is the potential economic impact of unexpected trawl sector closures on the recreational fishing sectors. If these closures were to occur in November, projected losses in revenue could amount to $27.4 million. This potential loss highlights the economic vulnerability of the fishing industry to regulatory changes and environmental factors influencing salmon bycatch.

Addressing Economic Issues and Impact

The document outlines the need for compromise between environmental regulation and economic sustenance for small businesses. It acknowledges the complexity and challenges faced by small entities in adapting to these rules, particularly those potentially affected by automatic fishery closure thresholds and new compliance requirements.

Despite these recognitions, there is an identified issue regarding the clarity and guidance provided to small entities on adapting to these changes. The document could enhance support by providing more accessible information and advice for small businesses to mitigate economic impacts. This might include offering clear examples, guidelines, or supporting tools to help businesses transition smoothly and efficiently under the new regulatory framework.

In summary, while the document provides a comprehensive view of financial references related to salmon bycatch minimization regulations, enhancing support and clarity for small entities could further aid in financially preparing these businesses for compliance and mitigate any negative economic impacts.