[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10722]


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[Federal Register: May 4, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 661

[Docket No. 940422-4122; I.D. 042294B]
RIN 0648-AF61

 

Ocean Salmon Fisheries Off the Coasts of Washington, Oregon, and 
California

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Annual management measures for the Ocean Salmon Fishery and 
Technical Amendment.

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SUMMARY: NMFS establishes fishery management measures for the ocean 
salmon fisheries off Washington, Oregon, and California for 1994. 
Specific fishery management measures vary by fishery and area. The 
measures establish fishing areas, seasons, quotas, legal gear, 
recreational fishing days and catch limits, possession and landing 
restrictions, and minimum lengths for salmon taken in the exclusive 
economic zone (3-200 nautical miles) off Washington, Oregon, and 
California. These management measures are intended to prevent 
overfishing and to apportion the ocean harvest equitably among non-
treaty commercial and recreational and treaty Indian fisheries. The 
regulations also are calculated to allow a portion of the salmon runs 
to escape the ocean fisheries to provide for spawning escapement and 
inside fisheries. This action also announces a technical amendment 
codifying the spawning escapement goal for Klamath Fall chinook. NMFS 
also announces 1995 recreational salmon seasons opening earlier than 
May 1, 1995.

DATES: Effective from 0001 hours Pacific daylight time (P.d.t.), May 1, 
1994, until modified, superseded, or rescinded. Comments must be 
received by May 16, 1994.

ADDRESSES: Comments on the management measures may be sent to J. Gary 
Smith, Acting Director, Northwest Region, NMFS, 7600 Sand Point Way 
NE., BIN C15700, Seattle, WA 98115-0070; or Gary C. Matlock, Acting 
Director, Southwest Region, National Marine Fisheries Service, 501 West 
Ocean Boulevard, suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140, 
or Rodney R. McInnis at 310-980-4030.

SUPPLEMENTARY INFORMATION:

Background

    The ocean salmon fisheries off Washington, Oregon, and California 
are managed under a ``framework'' fishery management plan (FMP). The 
framework FMP was approved in 1984 and has been amended five times 
since then (52 FR 4146, February 10, 1987; 53 FR 30285, August 11, 
1988; 54 FR 19185, May 4, 1989; 56 FR 26774, June 11, 1991; [Amendment 
11 approved 4/6/94 final rule is being published within days of these 
annual management measures]). Regulations at 50 CFR part 661 provide 
the mechanism for making preseason and inseason adjustments to the 
management measures, within limits set by the FMP, by notification in 
the Federal Register.
    These management measures for the 1994 ocean salmon fisheries were 
recommended by the Pacific Fishery Management Council (Council) at its 
April 5-8, 1994, meeting.

Schedule Used To Establish 1994 Management Measures

    In accordance with the FMP, the Council's Salmon Technical Team 
(STT) and staff economist prepared several reports for the Council, its 
advisors, and the public. The first report, ``Review of 1993 Ocean 
Salmon Fisheries,'' summarizes the 1993 ocean salmon fisheries and 
assesses how well the Council's management objectives were met in 1993. 
The second report, ``Preseason Report I Stock Abundance Analysis for 
1994 Ocean Salmon Fisheries,'' provides the 1994 salmon stock abundance 
projections and analyzes the impacts on the stocks and Council 
management goals if the 1993 regulations or regulatory procedures were 
applied to the 1994 stock abundance.
    The Council met on March 8-11, 1994, in Portland, OR, to develop 
proposed management options for 1994. Three commercial and three 
recreational fishery management options were proposed for analysis and 
public comment. These options presented various combinations of 
management measures designed to protect numerous weak stocks of coho 
and chinook salmon and provide for ocean harvests of more abundant 
stocks of chinook salmon (primarily Sacramento Fall chinook). All 
options provided for no directed harvest of coho salmon coastwide and 
no non-treaty commercial or recreational fishing north of Cape Falcon, 
OR. After the March Council meeting, the STT and staff economist 
prepared a third report, ``Preseason Report II Analysis of Proposed 
Regulatory Options for 1994 Ocean Salmon Fisheries,'' which analyzes 
the effects of the proposed 1994 management options. This report also 
was distributed to the Council, its advisors, and the public.
    Public hearings on the proposed options were held March 28-30, 
1994, in Westport, WA; Warrenton and Coos Bay, OR; and Arcata, CA.
    The Council met on April 5-8, 1994, in Burlingame, California, to 
adopt its final 1994 recommendations. Following the April Council 
meeting, the STT and staff economist prepared a fourth report, 
``Preseason Report III Analysis of Council-Adopted Management Measures 
for 1994 Ocean Salmon Fisheries,'' which analyzes the environmental and 
socio-economic effects of the Council's final recommendations. This 
report also was distributed to the Council, its advisors, and the 
public.

Resource Status

    Many salmon runs returning to Washington, Oregon, and California 
streams in 1994 are expected to be at record low levels.
    Primary resource concerns are for Klamath River fall chinook; 
Columbia River hatchery chinook; Oregon Production Index area coho 
stocks destined for the Columbia River and the California and Oregon 
coasts, particularly Oregon coastal natural coho; and Washington 
coastal and Puget Sound natural coho. Management of all of these stocks 
is affected by interjurisdictional agreements among tribal, State, 
Federal, and/or Canadian managers.

Chinook Salmon Stocks

    California Central Valley stocks are relatively abundant compared 
to the other chinook stocks of the Pacific coast. The Central Valley 
Index of abundance of combined Central Valley chinook stocks is 
estimated to be 503,000 fish for 1994, slightly above the post-season 
estimate of the index for 1993 and 18 percent below the average of the 
index from 1970-1993. The escapement goal range of 122,000 to 180,000 
Sacramento River adult fall chinook was not met in 1990, 1991, or 1992, 
and was near the low end of the goal range in 1993. Preseason modeling 
predicted that regulations comparable to those of 1993 would result in 
an escapement of Sacramento River fall chinook within the escapement 
goal range in 1994.
    Winter-run chinook from the Sacramento River are listed under the 
Endangered Species Act (ESA) as an endangered species (59 FR 440, 
January 4, 1994) and are a consideration in establishing ocean fishing 
regulations. The 1993 spawning run size estimate totaled 341 adults, a 
substantial decline from the 1992 run-size estimate of 1,180 adults. 
The abundance of the winter run in the ocean at the beginning of the 
fishing season is not forecast.
    Klamath River fall chinook ocean abundance is expected to be 
137,600 age-3 and age-4 fish at the beginning of the fishing season. 
This forecast is 16 percent below last year's actual abundance, and 58 
percent below the average of estimates for 1985-1993. The spawning 
escapement goal for Klamath River fall chinook is 33-34 percent of the 
potential adults with a minimum of 35,000 natural spawners (wild run 
salmon or fish that spawn independent of hatcheries). Although ocean 
escapement to the Klamath River (in-river run size) in 1993 was the 
largest recorded since 1989, the natural spawning escapement of 20,900 
adults fell short of the goal of 38,000, set in 1993 by emergency 
action by the Secretary of Commerce (Secretary), and was below the 
FMP's minimum natural spawner requirement of 35,000 for a fourth 
consecutive year. Preseason modeling predicted that harvest regulations 
similar to those adopted in 1993 would result in an ocean escapement 
that would not be sufficient to achieve the minimum spawning escapement 
floor and to provide for in-river sport and Indian tribal fisheries in 
1994.
    In recent years of low abundance, the procedures used to model the 
Klamath fall chinook population have consistently overestimated stock 
abundance and underestimated the hatchery component of the spawning 
run. In 1994, the Council implemented changes in the predictor used to 
forecast age-3 ocean abundance and developed a new predictor of the 
relative sizes of the natural and hatchery spawning escapements. As a 
result, the 1994 forecast of the adult ocean population is 11 percent 
smaller, and the spawning escapement (hatchery and natural) required to 
achieve the natural spawner floor is 36 percent greater than would have 
been predicted using the previous methodology. The new predictor is 
considered to reflect more accurately the actual ocean abundance and 
proportion of natural and hatchery stocks.
    In 1989, as authorized at 50 CFR part 661, Appendix IV.B., the 
Council recommended, and the Secretary approved, a change in the 
Klamath River fall chinook spawning escapement rate goal from 35 
percent to between 33 and 34 percent (54 FR 19800, May 8, 1989). That 
change was not codified at the time. The change in the spawning 
escapement rate goal is herein codified in 50 CFR part 661 Appendix 
IV.A as a technical amendment.
    Oregon coastal chinook stocks include south-migrating and localized 
stocks primarily from southern Oregon streams, and north-migrating 
chinook stocks that generally originate in central and northern Oregon 
streams. Abundance of south-migrating and localized stocks is expected 
to be low, similar to the levels observed in 1993. These stocks are 
important contributors to ocean fisheries off Oregon and northern 
California. The generalized expectation for north-migrating stocks is 
for a continuation of average to above-average abundance as observed in 
recent years. These stocks contribute primarily to ocean fisheries off 
British Columbia and Alaska. It is expected that the aggregate Oregon 
coastal chinook spawning escapement goal of 150,000 to 200,000 
naturally spawning adults will be met in 1994.
    Estimates of Columbia River chinook abundance vary by stock as 
follows:
    1. Upper Columbia River spring and summer chinook. Numbers of 
upriver spring chinook predicted to return to the river (49,000) in 
1994 are 56 percent below the 1993 run size of 111,500 fish, and 13 
percent below the 1979-1984 average of 56,600 fish. The 1994 depressed 
stock status reflects a substantial decline from recent improvements 
(1985-1990 and 1992-1993) in the status of this stock. The 1985-1990 
and 1992-1993 increases from the poor returns in the early 1980s are 
primarily the result of increases of hatchery stocks. The natural stock 
component remains depressed. Ocean escapement is expected to be 
significantly below the goal of 115,000 adults counted at Bonneville 
Dam. Upriver spring chinook are affected only slightly by ocean 
harvests in Council area fisheries, with the contribution of these 
stocks being generally 1 percent or less of the total chinook catch 
north of Cape Falcon, OR. Expected ocean escapement of adult upriver 
summer chinook is 15,700 fish. The 1994 stock status remains extremely 
depressed, with ocean escapement being about 20 percent of the lower 
end of the spawning escapement goal range of 80,000 to 90,000 adults 
counted at Bonneville Dam. Upriver summer chinook migrate to the far 
north and are not a major contributor to ocean fisheries off Washington 
and Oregon.
    2. Willamette River Spring Chinook. Willamette River spring chinook 
returns are projected to be 72,000 fish, 15 percent above the 1993 run 
of 62,600 fish, and 11 percent greater than the 1980-1984 average 
return of 65,000 fish. Willamette River spring chinook stocks are 
important contributors to Council area fishery catches north of Cape 
Falcon.
    3. Columbia River Fall Chinook. Four distinct fall chinook stock 
units initially were identified, and recently a fifth stock unit has 
been added, as follows:
    (a) Upriver bright fall chinook ocean escapement is expected to be 
85,400 adults, 17 percent below the 1993 return of 102,900 adults, and 
7 percent above the 1981-1985 period of poor returns that averaged 
79,500 adults. The escapement goal for upriver bright fall chinook is 
40,000 adults above McNary Dam. This stock has a northern ocean 
migratory pattern and constitutes less than 10 percent of Council-area 
fisheries north of Cape Falcon.
    (b) Lower river natural fall chinook ocean escapement is forecast 
at about 14,700 adults, 10 percent above the 1993 run size of 13,400.
    (c) Lower river hatchery fall chinook ocean escapement is forecast 
at 36,100 adults, a 31 percent reduction from the record low return 
observed in 1993 of 52,200 adults. This stock has been declining 
sharply since the record high return in 1987. Lower Columbia River fall 
chinook stocks normally account for more than half the total catch in 
Council-area fisheries north of Cape Falcon, with lower river hatchery 
fall chinook being the single largest contributing stock.
    (d) Spring Creek hatchery fall chinook ocean escapement is 
projected to be about 20,200 adults, 20 percent above the 1993 return 
of 16,800 adults; the 1986-1990 average ocean escapement was 16,700 
adults. The Spring Creek hatchery fall chinook stock has been 
rebuilding slowly since the record low return in 1987, with a downturn 
in 1992 and 1993.
    (e) Mid-Columbia bright fall chinook ocean escapement is projected 
to be about 23,900 adults, 13 percent below the 1993 return of 27,400 
adults. These fall chinook are returns primarily from hatchery releases 
of bright fall chinook stock in the area below McNary Dam, although 
some natural spawning in tributaries between Bonneville and McNary dams 
is also occurring.
    4. Snake River Wild Fall Chinook. Also of concern are Snake River 
wild fall chinook, listed as a threatened species under the ESA. 
Information on the stock's ocean distribution and fishery impacts are 
not available. Attempts to evaluate fishery impacts on Snake River wild 
fall chinook have used the Lyons Ferry Hatchery stock to represent 
Snake River wild fall chinook. The Lyons Ferry stock is widely 
distributed and harvested by ocean fisheries from southern California 
to Alaska.
    5. Washington Coastal and Puget Sound Chinook. Washington coastal 
and Puget Sound chinook generally migrate to the far north and are 
affected insignificantly by ocean harvests from Cape Falcon to the 
U.S.-Canada border.

Coho Salmon Stocks

    The Oregon Production Index (OPI) is an annual index of coho 
abundance from Leadbetter Point, WA, south through California. It is 
the primary index of coho abundance for the Pacific ocean fishery. 
Oregon coastal and Columbia River coho stocks are the primary 
components of the OPI. Beginning in 1988, the Council adopted revised 
estimation procedures that were expected more accurately to predict 
abundance of the following individual OPI area stock components: public 
hatchery, private hatchery, Oregon coastal natural (OCN) for rivers and 
lakes, and the Salmon Trout Enhancement Program. Prediction 
methodologies are described in the Council's ``Preseason Report I Stock 
Abundance Analysis for 1988 Ocean Salmon Fisheries.'' In response to 
the extremely low abundances expected in 1994, some changes to the 
abundance predictors were implemented as described in the Council's 
``Preseason Report I Stock Abundance Analysis for 1994 Ocean Salmon 
Fisheries.'' In particular, the current predictor for the OCN river 
component does not adequately incorporate environmental variability, so 
an environment-based model is being used to predict abundance in 1994. 
This model incorporates annual measurements of upwelling and sea 
surface temperatures and contains no provision for the influence of 
spawner escapement. Further analysis of this model will occur before 
the 1995 season. The 1994 OPI is forecast to be a record low 239,700 
coho, 69 percent below the 1993 preseason forecast of 767,000 coho, and 
49 percent below the 1993 observed level of 470,900 fish. The 1994 
estimate includes a record low of 140,900 OCN coho, 44 percent below 
the 1993 observed level of 250,800 fish and 27 percent below the 
previous record low of 192,500 fish observed in 1987. The 1993 spawning 
escapement of the OCN stock was 170,200 fish.
    All Washington coastal and Puget Sound natural coho stocks are 
expected to be less abundant than forecast in 1993. Abundances for 
Washington coastal stocks of Hoh, Queets, and Grays Harbor natural coho 
are projected to be 40 percent, 47 percent, and about 60 percent below 
the 1993 preseason predictions, respectively. Abundances for Puget 
Sound stocks of Skagit, Stillaguamish, and Hood Canal natural coho are 
projected to be 45 percent, 65 percent, and 72 percent below the 1993 
preseason predictions, respectively. Even in the absence of ocean and 
inside (Strait of Juan de Fuca and Puget Sound) fisheries, natural coho 
run sizes are forecast to be well below spawning escapement goals. 
These low expected abundances are thought to be the result of low 
freshwater flows in 1992, poor marine survival associated with 
anomalous ocean conditions, and long-term habitat degradation. 
Abundance forecasts for Washington coastal and Puget Sound hatchery 
production are also well below 1993 expectations.

Pink Salmon Stocks

    Major pink salmon runs return to the Fraser River and Puget Sound 
only in odd-numbered years. Consequently, pink salmon runs are not of 
management concern in 1994.

Management Measures for 1994

    The Council adopted allowable ocean harvest levels and management 
measures for 1994 that are consistent with the FMP and are designed to 
apportion the burden of protecting the weak stocks discussed above 
equitably among ocean fisheries and to allow maximum harvest of natural 
and hatchery runs surplus to inside fishery and spawning needs. The 
management measures below reflect the Council's recommendations.

South of Cape Falcon

    In the area south of Cape Falcon, the management measures in this 
rule are based primarily on concerns for Klamath River fall chinook, 
Sacramento River winter chinook, and OCN coho. The greatest constraint 
on the ocean management measures was the record low abundance of OCN 
coho as described above.
    The Council recommended measures that result in the harvest of 
Klamath River fall chinook being shifted predominantly southward off 
California, to maximize access to abundant Central Valley chinook 
stocks. Management constraints on Klamath River fall chinook resulted 
in restrictive fishing seasons in the area between Humbug Mountain, OR, 
and Horse Mountain, CA, termed the Klamath Management Zone (KMZ), as 
well as in the areas both north and south of the KMZ.
    The Secretary issued a final rule (58 FR 68063, December 23, 1993) 
recognizing the Federally-reserved fishing rights of the Yurok and 
Hoopa Valley Tribes, as acknowledged and quantified in an opinion 
issued by the Solicitor, Department of the Interior, as other 
applicable law for the purposes of the Magnuson Fishery Conservation 
and Management Act (Magnuson Act). The 1994 management measures provide 
for an ocean exploitation rate on age-4 Klamath fall chinook of 9 
percent. This restriction of ocean harvest is required to provide equal 
sharing of the harvest of Klamath River fall chinook between the Tribes 
and non-Indian fishermen, as set out in the Solicitor's opinion, as 
well as to meet the spawning escapement goal floor of 35,000 natural 
adult spawners.
    Winter-run chinook from the Sacramento River are listed under the 
ESA as an endangered species. In 1991, NMFS concluded a formal 
consultation with the Council regarding the impacts of the ocean salmon 
fishing regulations on the winter run. The biological opinion issued 
from that consultation determined that the 1990 level of impacts from 
the ocean fisheries would not jeopardize the continued existence of the 
winter run. NMFS also recommended shortening the recreational fishing 
season off central California and closure of an area at the mouth of 
San Francisco Bay during the time when the winter run fish are entering 
the Bay. These recommended conservation measures were implemented in 
1991 and remain a part of the salmon management measures for 1994. The 
overall impact of the 1994 salmon management program on the winter run 
is expected to be significantly less than in 1990, the base year for 
the biological opinion. This expectation is based on the harvest rate 
model for the Central Valley Index stocks of fall chinook, which 
predicts a harvest rate of 53 percent in 1994, as compared to 79 
percent in 1990. These rates are only indicators of the relative impact 
on the winter run, because these fish are less vulnerable to the ocean 
fisheries than fall-run chinook, due to the timing of the seasons, as 
well as growth and migration patterns.
    Under recently approved Amendment 11 to the FMP, the spawning 
escapement goal for OCN coho is 42 spawners per mile in the Oregon 
Department of Fish and Wildlife's ``standard'' coastal index survey 
areas. This translates to a maximum sustainable yield (MSY) goal of 
200,000 spawners. At lower abundance levels, only incidental impacts, 
rather than directed OCN coho fisheries, are allowed. When the 
predicted spawner escapement is less than or equal to 28 spawners per 
mile (which translates to 135,000 spawners), the FMP allows an 
incidental exploitation rate of up to 20 percent, but only if it is the 
minimum incidental harvest necessary to prosecute other fisheries, and 
will not cause irreparable harm to the OCN stock (135,000 spawners was 
the spawning escapement floor under the FMP prior to approval of 
Amendment 11; 200,000 spawners is the spawning escapement floor 
established by Amendment 11).
    The 1994 abundance estimate for OCN coho is for a record low of 
140,900 fish. At this abundance level, the FMP only allows a minimum 
incidental harvest that will not cause irreparable harm to the stock. 
The 1994 management measures result in a total OCN coho exploitation 
rate of only 11 percent, of which about 6.4 percent are impacts 
associated with prosecution of Council area fisheries and about 4.6 
percent are impacts associated with non-Council-managed directed 
fisheries (Canadian, Alaskan, and inside fisheries). Based on these 
measures, OCN coho spawning escapement is estimated to be 125,500 
adults.
    The Director, Northwest Region, NMFS, has determined that the 
recommended harvest rate will not cause irreparable harm to the OCN 
coho salmon stock for several reasons. First, the 1993 spawning 
escapement goal was achieved, although the geographic distribution of 
spawners was not optimal. As a result of achieving the spawning 
escapement goal in 1993, the resulting production of many individual 
stocks in 1996 should return to normal levels, if ocean survival 
conditions also return to normal. Second, under the 1994 fishing regime 
(no coho retention), spawning escapement is projected to be 125,500 
fish. This level of escapement, although not optimal because it is less 
than the 200,000 MSY escapement goal, is not at such a low level that 
OCN coho stocks cannot recover when ocean survival conditions improve. 
Of greatest concern are specific individual stocks within the OCN 
complex, such as Tillamook Bay stocks, that have exhibited extremely 
poor spawning escapements in recent years. However, the predominantly 
southern distribution of the chinook harvest, the prohibition of coho 
retention in all chinook-only fisheries, and the extreme measures being 
imposed by the states in internal waters to protect coho salmon that 
return to individual watersheds, makes it unlikely that the ocean 
salmon fishing regime in 1994 will cause irreparable harm to any OCN 
coho salmon stock.
    NMFS has also considered whether the 11 percent incidental harvest 
rate is the minimum necessary to prosecute other fisheries. Because the 
bycatch in non-salmon fisheries, such as the Pacific Coast groundfish 
fishery, is almost exclusively chinook salmon, the bycatch of coho 
salmon in non-salmon fisheries is not a large concern. The Council 
determined that harvestable numbers of Central Valley and Klamath River 
fall chinook stocks warranted a chinook fishery on these stocks. In 
order to minimize the impacts on OCN coho salmon during these chinook 
fisheries, the Council recommended, and NMFS provides in this action 
that no coho retention be allowed. Thus the only mortality to coho 
salmon will be the result of hooking mortality from chinook fishing. In 
addition, the Council adjusted the geographic distribution of the 
fisheries so that the majority of chinook fishing occurs to the south, 
primarily off California, where the catch of OCN coho is the lowest. 
The Council recommended this geographic shift to the South to protect 
coho. However, this shift occurs at the expense of Oregon fishermen, 
who now will not have the opportunity to harvest as large a proportion 
of Klamath River fall chinook stocks as they might have absent coho 
conservation concerns. Finally, the States of Oregon and Washington 
have closed the Columbia River Buoy 10 fishery for coho salmon, and 
Oregon has taken additional restrictive actions in estuarine and 
freshwater fisheries to minimize the impacts of fishing on OCN coho. 
Based on these actions, NMFS believes that the 11 percent ocean and 
freshwater harvest rate is the minimum harvest rate necessary to 
prosecute other fisheries.

Commercial Troll Fisheries

    Retention of coho salmon is prohibited in all areas due to the 
projected record low coho abundance. All seasons listed below apply 
only to salmon species other than coho. Chinook quotas are being 
implemented in the area between Florence South Jetty and House Rock, 
OR, to ensure that the ocean impacts on Klamath River fall chinook do 
not exceed those that have been modeled. Specifically, commercial troll 
fisheries will be limited to quotas of 12,000 chinook during May and 
June in the area between Florence South Jetty and Humbug Mountain, 
1,500 chinook during May in the area between Sisters Rocks and House 
Rock, 800 chinook during August in the area between Sisters Rocks and 
Mack Arch, and 10,000 chinook during September and October in the area 
between Cape Arago and Humbug Mountain. Troll fisheries in other areas 
south of Cape Falcon are not limited by any chinook quotas, because of 
the minor contribution of Klamath stocks to the fisheries.
    From Point San Pedro, CA, to the U.S.-Mexico border, the commercial 
fishery for all salmon except coho will be open May 1 through June 11, 
then reopen July 1 through September 30.
    From Point Reyes to Point San Pedro, CA, the commercial fishery for 
all salmon except coho will be open June 15 through September 30.
    From Point Arena to Point Reyes, CA, the commercial fishery for all 
salmon except coho will be open August 1 through September 30.
    From Horse Mountain to Point Arena, CA, the commercial fishery for 
all salmon except coho will be open September 1 through September 30.
    From Sisters Rocks to House Rock, OR, the commercial fishery for 
all salmon except coho will open the following days, until May 31 or 
attainment of the chinook quota, whichever occurs first: May 1-2, 5-6, 
10-11, 14-15, 18-19, 22-23, 26-27, and 31. The days open may be 
adjusted inseason, if necessary, to manage the fishery. Gear is 
restricted to no more than four spreads per line, with the open area 
restricted to 0-6 nm from shore.
    From Sisters Rocks to Mack Arch, OR, the commercial fishery for all 
salmon except coho will open August 8 and continue through August 31 or 
attainment of the chinook quota, whichever occurs first. This is a 
experimental fishery designed to determine the stock composition in the 
area in August, with particular concern for southern Oregon and Klamath 
chinook. It will be open to a limited number of fishers who must first 
preregister by July 1 with the ODFW office in Newport for selection by 
a random process.
    From Florence South Jetty to Humbug Mountain, OR, the commercial 
fishery for all salmon except coho will open May 1 and continue through 
June 30 or attainment of the chinook quota, whichever occurs first. 
Gear is restricted to no more than four spreads per line.
    From Cape Falcon to Florence South Jetty, OR, the commercial 
fishery for all salmon except coho will open May 1 through June 30, 
with gear restricted to no more than four spreads per line.
    Later in the season, the area from Cape Arago to Humbug Mountain, 
OR, will open for all salmon except coho on September 1 and continue 
through October 31 or attainment of the chinook quota, whichever occurs 
first. Gear is restricted to no more than four spreads per line.
    From Cascade Head to Cape Arago, OR, the commercial fishery for all 
salmon except coho will open September 1 through October 31, with gear 
restricted to no more than four spreads per line.
    From Cape Falcon to Cascade Head, OR, the commercial fishery for 
all salmon except coho will open October 1 through October 31, with 
gear restricted to no more than four spreads per line. A subarea in 
state waters at the mouth of Tillamook Bay will be closed to commercial 
troll fishing.

Recreational Fisheries

    Retention of coho salmon is prohibited from May 1, 1994, in all 
areas, due to the projected record low coho abundance. From Point Arena 
to the U.S.-Mexico border, the recreational fishery, which opened on 
the nearest Saturday to March 1 for all salmon, continues for all 
salmon except coho from May 1 through the nearest Sunday to November 1 
with a two-fish daily bag limit.
    From Horse Mountain to Point Arena, the recreational fishery, which 
opened on the nearest Saturday to February 15 for all salmon, continues 
for all salmon except coho from May 1 through June 30 with a two-fish 
daily bag limit. This area will reopen on August 1 for all salmon 
except coho and continue through the nearest Sunday to November 15 with 
a two-fish daily bag limit.
    From Humbug Mountain to Horse Mountain, the recreational fishery 
will open May 1 for all salmon except coho and continue through June 30 
or attainment of the 10,300 chinook quota, whichever occurs first, with 
a two-fish daily bag limit. This area will reopen on August 27 for all 
salmon except coho and continue through August 31 or attainment of the 
500 chinook quota, whichever occurs first, with a two-fish daily bag 
limit; the mouth of the Klamath River is closed. This area will reopen 
September 1 through September 5, with no chinook quota and a two-fish 
daily bag limit.
    From Cape Falcon to Humbug Mountain, the recreational fishery will 
open May 1 through June 5 for all salmon except coho, with a daily bag 
limit of two fish, no more than two fish in 7 consecutive days, no more 
than 10 fish per year, and the open area restricted to within the 27-
fathom curve (49.4 m). This fishery will reopen only between Twin Rocks 
and Pyramid Rock, OR, on June 6 through June 19; this fishery is 
entirely in State waters so regulations to manage the fishery will be 
implemented by the State of Oregon.

North of Cape Falcon

    Due to the projected record low returns for Washington coastal 
coho, Puget Sound natural and hatchery coho stocks, and Oregon coastal 
and Columbia River coho, unprecedented action is being taken to close 
the non-treaty commercial troll and recreational ocean fisheries north 
of Cape Falcon in 1994.
    All Washington coastal and Puget Sound natural coho stocks are 
expected to be less abundant than forecast in 1993. Numbers of coho 
entering freshwater are either below spawner escapement goals (Queets, 
Grays Harbor, Skagit, Stillaguamish, and Hood Canal natural coho) or at 
the lower end of the spawner escapement goal range (Quillayute Falls 
and Hoh natural coho). These low expected abundances are the result of 
low flows in 1992, poor marine survival associated with anomalous ocean 
conditions, and long-term habitat degradation. Abundance forecasts for 
Washington coastal and Puget Sound hatchery production are also well 
below 1993 expectations.
    Even in the absence of ocean salmon fisheries north of Cape Falcon, 
the Council wanted to ensure that the impacts on Snake River spring/
summer and fall chinook stocks, which are listed as threatened species 
under the ESA, did not exceed recent years' levels of impacts. For 
Snake River wild spring chinook, the available information indicates 
that it is highly unlikely these fish are impacted in Council-area 
fisheries. For Snake River wild summer chinook, these fish comprise 
only a very small proportion of total chinook abundance in the Council 
management area, and it is unlikely these fish are significantly 
impacted in Council-area fisheries. For Snake River wild fall chinook 
that are caught in Council-area fisheries, the STT estimated 
significant reductions in the ocean exploitation rate under the 
Council's recommended 1994 ocean measures compared to the 1986-1990 
average by using the Lyons Ferry Hatchery stock to represent Snake 
River wild fall chinook. These reductions in the ocean exploitation 
rate total over 90 percent for north of Cape Falcon and 80 percent for 
combined north and south of Cape Falcon.

Treaty Indian Fisheries

    Ocean salmon management measures proposed by the treaty Indian 
Tribes are part of a comprehensive package of Indian and non-Indian 
salmon fisheries in the ocean and inside waters agreed to by the 
various parties. Treaty troll seasons, minimum length restrictions, and 
gear restrictions were developed by the Tribes and agreed to by the 
Council. The treaty Indian Tribes of the Washington coast agreed to a 
minimal chinook quota, with no directed coho fisheries. Recognition was 
made of the special right of the treaty Indian Tribes to fish in their 
usual and accustomed areas and the limitation of their location-
dependent fisheries.
    In 1994, treaty Indian troll fisheries north of Cape Falcon are 
governed by a quota of 16,400 chinook, with no retention of coho. The 
all-except-coho seasons will open May 1 and extend through June 30, if 
the chinook quota is not reached. The minimum length restrictions for 
all treaty ocean fisheries, excluding ceremonial and subsistence 
harvest, is 24 in. (61 cm) for chinook.

1995 Fisheries

    The timing of the March and April Council meetings makes it 
impracticable for the Council to recommend fishing seasons to the 
Secretary that begin before May 1 of the same year. Therefore, openings 
earlier than May 1 for 1995 fishing seasons are being provided for at 
this time. The Council recommended, and the Secretary concurs, that the 
following recreational seasons will open in 1995: (1) The area from 
Point Arena to the U.S.-Mexico border will open on the nearest Saturday 
to March 1 for all salmon with a two-fish daily bag limit, except for 
closure of the control zone near the mouth of San Francisco Bay from 
the opening of the season through March 31; and (2) the area from Horse 
Mountain to Point Arena will open on the nearest Saturday to February 
15 for all salmon with a two-fish daily bag limit.
    The following tables and text are the management measures 
recommended by the Council for 1994 and, as specified, for 1995. The 
Secretary concurs with these recommendations and finds them responsive 
to the goals of the FMP, the requirements of the resource, and the 
socio-economic factors affecting resource users. The management 
measures are consistent with requirements of the Magnuson Act and other 
applicable law, including U.S. obligations to Indian Tribes with 
treaty-secured fishing rights.
    The following management measures are adopted for 1994 and, as 
specified, for 1995 under 50 CFR part 661.

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Gear Definitions and Restrictions

    In addition to gear restrictions shown in Tables 1, 2, and 3 of 
this preamble, the following gear definitions and restrictions will be 
in effect.

Troll Fishing Gear

    Troll fishing gear for the Fishery Management Area (FMA) is defined 
as one or more lines that drag hooks behind a moving fishing vessel.
    In that portion of the FMA off Oregon and Washington, the line or 
lines must be affixed to the vessel and must not be intentionally 
disengaged from the vessel at any time during the fishing operation.

Recreational Fishing Gear

    Recreational fishing gear for the FMA is defined as angling tackle 
consisting of a line with not more than one artificial lure or natural 
bait attached.
    In that portion of the FMA off Oregon and Washington, the line must 
be attached to a rod and reel held by hand or closely attended; the rod 
and reel must be held by hand while playing a hooked fish. No person 
may use more than one rod and line while fishing off Oregon or 
Washington.
    In that portion of the FMA off California, the line must be 
attached to a rod and reel held by hand or closely attended. Weights 
directly attached to a line may not exceed 4 pounds (1.8 kg). There is 
no limit to the number of lines that a person may use while 
recreational fishing for salmon off California.
    Fishing includes any activity that can reasonably be expected to 
result in the catching, taking, or harvesting of fish.

Geographic Landmarks

    Wherever the words ``nautical miles from shore'' are used in this 
document, the distance is measured from the baseline from which the 
territorial sea is measured.
    Geographical landmarks referenced in this notice are at the 
following locations:

Cape Falcon
45 deg.46'00'' N. lat.
Twin Rocks
45 deg.35'48'' N. lat.
Pyramid Rock
45 deg.29'46'' N. lat.
Cascade Head
45 deg.03'50'' N. lat.
Florence South Jetty
44 deg.01'00'' N. lat.
Cape Arago
43 deg.18'20'' N. lat.
Humbug Mountain
42 deg.40'30'' N. lat.
Sisters Rocks
42 deg.35'45'' N. lat.
Mack Arch
42 deg.13'40'' N. lat.
House Rock
42 deg.06'32'' N. lat.
Horse Mountain
40 deg.05'00'' N. lat.
Point Arena
38 deg.57'30'' N. lat.
Point Reyes
37 deg.59'44'' N. lat.
Point San Pedro
37 deg.35'40'' N. lat.
Point Conception
34 deg.27'00'' N. lat.

Inseason Notice Procedures

    Actual notice of inseason management actions will be provided by a 
telephone hotline administered by the Northwest Region, NMFS, 206-526-
6667 or 800-662-9825, and by U.S. Coast Guard Notice to Mariners 
broadcasts. These broadcasts are announced on Channel 16 VHF-FM and 
2182 Khz at frequent intervals. The announcements designate the channel 
or frequency over which the Notice to Mariners will be immediately 
broadcast. Inseason actions will also be filed with the Office of the 
Federal Register as soon as practicable. Since provisions of these 
management measures may be altered by inseason actions, fishermen 
should monitor either the telephone hotline or Coast Guard broadcasts 
for current information for the area in which they are fishing.

Classification

    This notification of annual management measures and technical 
amendment are exempt from review under E.O. 12866.
    Section 661.23 of title 50, Code of Federal Regulations states that 
the Secretary will publish a notice establishing management measures 
for ocean salmon each year and will invite public comments prior to 
their effective date. If the Secretary determines, for good cause, that 
a notice must be issued without affording prior opportunity for public 
comment, the measures will become effective, however, comments on the 
notice will be received by the Secretary for a period of 15 days after 
the filing of the notice with the Federal Register.
    Because many ocean salmon seasons are scheduled to start May 1, the 
management measures must be in effect by this date. Each year the 
schedule for establishing the annual management measures begins in 
February with the compilation and analysis of biological and 
socioeconomic data for the previous year's fishery and salmon stock 
abundance estimates for the current year. Two meetings of the Council 
follow in March and April which incorporate a public review period. In 
1994, the Council recommended management measures at the conclusion of 
its meeting on April 8, resulting in a short time frame for 
implementation.
    In addition, delay in the start of the fishing season would deny 
ocean fishermen access to harvestable salmon stocks which, if taken 
later in the year, would produce unacceptable impacts on other salmon 
stocks, such as those listed under the ESA. Due to the migratory 
patterns of the various salmon stocks, harvest regimes account for the 
timing and location of harvestable stocks in concert with the stocks of 
concern. Therefore, in light of the limited available time and the 
adverse effect of delay, the Secretary has determined that good cause 
exists to waive prior notice and comment on the management measures.
    Although this document will be effective without prior opportunity 
for comment, the public had opportunity to comment on these management 
measures during the process of their development. The public 
participated in the March and April Council, STT, and Salmon Advisory 
Subpanel meetings, and in public hearings held in Washington, Oregon, 
and California in late March that generated the management actions 
recommended by the Council and approved by the Secretary. Written 
public comments were invited by the Council between the March and April 
Council meetings.
    The technical amendment provisions of this regulatory action make 
only minor, non-substantive changes and do not change operating 
practices in the fishery. Accordingly, it is unnecessary under 5 U.S.C. 
553(b)(B) to provide for prior public comment, and there is good cause 
under 5 U.S.C. 553(d) not to delay the effective date of the technical 
amendment for 30 days. Comments will be accepted for 15 days after the 
effective date of this notice.
    On March 31, 1991, NMFS issued a biological opinion that considered 
the effects of the FMP on Sacramento River winter-run chinook salmon. 
The opinion concluded that implementation of the plan is not likely to 
jeopardize the continued existence of the species. The 1994 season 
falls within the scope of the 1991 opinion, and the seasons and 
management measures comply with the recommendations and incidental take 
conditions contained in the biological opinion. Therefore, it was not 
necessary to reinitiate consultation on Sacramento River winter-run 
chinook salmon.
    NMFS has issued a biological opinion that considered the effects of 
the 1994 salmon management measures on wild sockeye salmon, wild 
spring/summer chinook salmon, and wild fall chinook salmon from the 
Snake River, which concluded the fishery in 1994 under the FMP is not 
likely to jeopardize the continued existence of the listed stocks.

List of Subjects in 50 CFR Part 661

    Fisheries, Fishing, Indians, Reporting and recordkeeping 
requirements.


    Dated: April 29, 1994.
Rolland A. Schmitten,
Assistant Administrator, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 661 is amended 
as follows:

PART 661--OCEAN SALMON FISHERIES OFF THE COASTS OF WASHINGTON, 
OREGON, AND CALIFORNIA

    1. The authority citation for part 661 continues to read as 
follows:


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

Appendix to part 661 [Amended]

    2. The appendix to part 661, section IV.A., in the table ``Summary 
of Specific Management Goals for Stocks in the Salmon Management 
Unit'', is amended by revising the entry for the Klamath Fall Chinook 
to read as follows:
IV. Escapement Goals
    A. * * * 

Summary of Specific Management Goals for Stocks in the Salmon Management
                                  Unit                                  
------------------------------------------------------------------------
     System                     Spawning\1\ escapement goal             
------------------------------------------------------------------------
                                                                        
                                  *****                                 
Klamath Fall      Between 33 and 34 percent of the potential adults from
 Chinook.          each brood of natural spawners, but no fewer than    
                   35,000 naturally spawning adults in any one year.\3\ 
                                                                        
                                 *****                                  
------------------------------------------------------------------------
\1\Represents adult natural spawning escapement goal for viable natural 
  stocks or adult hatchery return goal for stocks managed for artificial
  production.                                                           
                                                                        
*****                                                                   
\3\The minimum escapement floor of 35,000 naturally spawning adults may 
  be modified only by amendment to the FMP.                             
                                                                        
*****                                                                   

[FR Doc. 94-10722 Filed 4-29-94; 3:43 pm]
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