Federal Register, Volume 60 Issue 85 (Wednesday, May 3, 1995)

[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Rules and Regulations]
[Pages 21746-21758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10804]

[[Page 21746]]

DEPARTMENT OF COMMERCE

50 CFR Part 661

[Docket No. 950426116-5116-01; I.D. 042095A]
RIN 0648-AH79

Ocean Salmon Fisheries Off the Coasts of Washington, Oregon, and
California; 1995 Management Measures

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

ACTION: Annual management measures for the ocean salmon fishery;
request for comments.

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SUMMARY: NMFS establishes fishery management measures for the ocean
salmon fisheries off Washington, Oregon, and California for 1995.
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 treaty
Indian and non-treaty commercial and recreational fisheries. The
measures are intended to allow a portion of the salmon runs to escape
the ocean fisheries to provide for spawning escapement and inside
fisheries. NMFS also announces 1996 recreational salmon seasons opening
earlier than May 1, 1996.

DATES: Effective from 0001 hours Pacific Daylight Time (P.d.t.), May 1,
1995, until the effective date of the 1996 management measures, as
published in the Federal Register.
Comments must be received by June 2, 1995.

ADDRESSES: Comments on the management measures may be sent to William
Stelle, Jr., Director, Northwest Region, National Marine Fisheries
Service, 7600 Sand Point Way N.E., BIN C15700, Seattle, WA 98115-0070;
or Hilda Diaz-Soltero, Director, Southwest Region, National Marine
Fisheries Service, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA
90802-4213. Documents cited in this notice are available on request.

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 (52
FR 4146, February 10, 1987; 53 FR 30285, August 11, 1988; 54 FR 19185,
May 4, 1989; 56 FR 26774, June 11, 1991; 59 FR 23013, May 4, 1994).
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 1995 ocean salmon fisheries were
recommended by the Pacific Fishery Management Council (Council) at its
April 4-7, 1995, meeting.
Schedule Used To Establish 1995 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 1994 Ocean
Salmon Fisheries,'' summarizes the 1994 ocean salmon fisheries and
assesses how well the Council's management objectives were met in 1994.
The second report, ``Preseason Report I Stock Abundance Analysis for
1995 Ocean Salmon Fisheries,'' provides the 1995 salmon stock abundance
projections and analyzes the impacts on the stocks and Council
management goals if the 1994 regulations or regulatory procedures were
applied to the 1995 stock abundances.
The Council met on March 7-10, 1995, in South San Francisco, CA, to
develop proposed management options for 1995. 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. All options provided for no directed harvest of
chinook salmon in non-treaty fisheries north of Cape Falcon, OR, and no
directed harvest of coho salmon south of Cape Falcon. After the March
Council meeting, the STT and staff economist prepared a third report,
``Preseason Report II Analysis of Proposed Regulatory Options for 1995
Ocean Salmon Fisheries,'' which analyzes the effects of the proposed
1995 management options. This report also was distributed to the
Council, its advisors, and the public.
Public hearings on the proposed options were held March 27-29,
1995, in Westport, WA; Astoria and North Bend, OR; and Eureka and
Sacramento, CA.
The Council met on April 4-7, 1995, in Portland, OR, to adopt its
final 1995 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 1995 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 1995 are expected to be somewhat improved from the record
low levels in 1994.
Aside from salmon species listed under the Endangered Species Act
(discussed below), the 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. (The Oregon Production Index
(OPI) is an annual index of coho abundance from Leadbetter Point,
Washington, south through California). 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 654,000 fish for 1995, 13 percent above the postseason
estimate of the index for 1994 and 7 percent above the average of the
index from 1970-1994. The spawning escapement of Sacramento River adult
fall chinook was 141,700 adults in 1994, 11 percent greater than the
1993 escapement and within the spawning escapement goal range of
122,000 to 180,000 adult spawners.
Winter-run chinook from the Sacramento River are listed under the
ESA as an endangered species (59 FR 440, January 4, 1994) and are a
[[Page 21747]] consideration in establishing ocean fishing regulations.
The 1994 spawning escapement was estimated to be 189 adults, the lowest
return on record. Neither preseason nor postseason estimates of ocean
abundance are available for the winter run.
Klamath River fall chinook ocean abundance is expected to be
172,100 age-3 and age-4 fish at the beginning of the fishing season.
Although the abundance forecast is 31 percent above the 1994 actual
abundance, it is 43 percent below the average estimates for 1985-94.
The spawning escapement goal for the stock is 33-34 percent of the
natural adults for each brood but no fewer than 35,000 natural spawners
(fish that spawn outside of hatcheries). The natural spawning
escapement in 1994 was 33,400 adults, which was below the minimum
natural spawner requirement for the fifth consecutive year.
In recent years of low abundances, the procedures used to model the
Klamath fall chinook population have consistently overestimated stock
abundance. This year the Council modified the predictor used to
forecast age-4 ocean abundance. The change resulted in a 24 percent
reduction in the 1995 forecast of the age-4 ocean population. A new
predictor of the ratio of natural to hatchery adult spawners was also
implemented in the 1995 escapement forecast.
Oregon coastal chinook stocks include south-migrating and localized
stocks primarily from southern Oregon streams, and north-migrating
chinook stocks which generally originate in central and northern Oregon
streams. Abundance of south-migrating and localized stocks is expected
to be low and similar to the levels observed in 1994. 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 1995.
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 in 1995 are at
a record low of 12,000 fish, 43 percent below the 1994 run size of
21,100 fish, and 79 percent below the 1979-84 average of 56,600 fish.
The 1995 stock status continues the substantial 1994 decline from
recent improvements (1985-90 and 1992-93) in the depressed status of
this stock. The 1985-90 and 1992-93 increases from the poor returns in
the early 1980s are primarily the result of increases of hatchery
stocks. The natural stock component remains severely 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 a record low of 8,600 fish. The 1995
stock status remains extremely depressed, with ocean escapement being
only 11 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. Snake River spring and
summer chinook are listed as threatened under the ESA (57 FR 14653,
April 22, 1992).
(2) Willamette River spring chinook. Willamette River spring
chinook returns are projected to be 48,500 fish, similar to the
observed 1994 run of 47,800 fish, and 26 percent below the 1980-84
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. Abundance estimates are made for
five distinct fall chinook stock units, as follows.
(a) Upriver bright fall chinook ocean escapement is expected to be
125,000 adults, 7 percent below the 1994 actual return of 134,500
adults. The escapement goal for upriver bright fall chinook is 40,000
adults above McNary Dam, although in recent years the management goal
has been 45,000 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 11,500 adults, 11 percent below the 1994 run size of 12,900 adults.
(c) Lower river hatchery fall chinook ocean escapement is forecast
at a record low of 42,400 adults, similar to the 1994 preseason
estimate but 20 percent below the 1994 return of 52,900 adults. This
stock has declined 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 22,500 adults, above the 1994 return of 18,000
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.
(e) Mid-Columbia bright fall chinook ocean escapement is projected
to be about 30,100 adults, 6 percent above the 1994 return of 28,500
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, which are listed as threatened under the ESA (57 FR
14653, April 22, 1992). Ocean escapement of Snake River fall chinook in
1995 is predicted to be 580 fish, just over one-half the 1994 run.
Information on the stock's ocean distribution and fishery impacts are
not available. Attempts to evaluate fishery impacts on Snake River 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

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 to more accurately predict
abundance of the following individual OPI area stock components: Public
hatchery, private hatchery, Oregon coastal natural (OCN) for rivers and
lakes, and 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 in 1994, some changes to the abundance
predictors were implemented as described in the Council's ``Preseason
Report I Stock Abundance Analysis for [[Page 21748]] 1994 Ocean Salmon
Fisheries.'' In particular, the predictor for the OCN river component
did not adequately incorporate environmental variability. Therefore, an
environment-based model used to predict abundance in 1994 is again
being used in 1995. This model incorporates upwelling and sea surface
temperatures by year, but its long-term usefulness is doubtful, because
it does not take into account the number of spawners. Future use of
this model will be evaluated before the 1996 season. The 1995 OPI is
forecast to be 443,000 coho, 85 percent above the 1994 preseason
forecast of 239,700 coho, and 30 percent above the 1994 observed level
of 341,000 fish. The 1995 estimate includes one of the lowest on record
for OCN coho: 219,000 fish, 61 percent above the record low abundance
of 136,200 OCN fish observed in 1994. The 1994 spawning escapement of
the OCN stock was 133,300 fish.
All Washington coastal natural coho stocks and Puget Sound combined
natural coho stocks are expected to be more abundant in 1995 than
forecast in 1994. Abundances for Washington coastal stocks of Hoh,
Queets, and Grays Harbor natural coho are projected to be 36 percent,
75 percent, and 70-92 percent above the 1994 preseason predictions,
respectively. Abundances for Puget Sound stocks of Skagit,
Stillaguamish, and Hood Canal natural coho are projected to be 66
percent, more than 3 times, and 43 percent above the 1994 preseason
predictions, respectively. Despite increased abundance, many natural
coho run sizes are forecast to be well below maximum sustainable yield
(MSY) spawning escapement goals. Abundance forecasts for coho hatchery
production are well above 1994 expectations for most Washington coastal
stocks and 10 percent below the 1994 forecast for Puget Sound combined
stocks.
Coho populations in California have not been monitored closely nor
have they been a controlling factor in establishing ocean salmon
management measures in the past. Although no forecast of the ocean
abundance of coho originating from California are available, these runs
have been generally at low abundance levels for several years. Concern
for California coho has prompted petitions to list these runs under the
ESA and a formal review of their status has confirmed that concern is
well founded. NMFS is considering the results of the status review and
may soon propose to list appropriate groups of coho stocks in
California as well as elsewhere on the coast.

Pink Salmon Stocks

Major pink salmon runs return to the Fraser River and Puget Sound
only in odd-numbered years. In 1995, abundance expectations are for 20
million Fraser River pink salmon and 3.4 million Puget Sound pink
salmon.

Management Measures for 1995

The Council adopted allowable ocean harvest levels and management
measures for 1995 that 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.

A. 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 California and OCN coho stocks.
The low abundance of 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 adjacent to the KMZ. The Council recommended
measures that equally distribute Klamath River fall chinook impacts
north and south of the KMZ and provide for a target ocean exploitation
rate on age-4 Klamath fall chinook of 9 percent. This level of ocean
harvest is intended to provide equal sharing of the harvest of Klamath
River fall chinook between the Klamath River Indian Tribes and non-
Indian fishers, as well as meet the spawning escapement floor of 35,000
natural adult spawners.
Sacramento River winter-run chinook are listed as an endangered
species under the ESA. In 1991, NMFS concluded a formal consultation
regarding the impacts of the ocean salmon fishing regulations on the
winter run. The biological opinion issued from that consultation
concluded that the 1990 level of incidental harvest by ocean fisheries
should allow the recovery of the winter-run. NMFS 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 are entering the Bay. These recommended
conservation measures were implemented in 1991 and remain a part of the
salmon management measures for 1995. NMFS also recommended reducing
ocean impacts on winter-run chinook from their 1990 levels. The overall
impact of the 1995 salmon management program on the winter-run is
expected to be less than in 1990, the base year for the biological
opinion. This expectation is based on the ocean exploitation index
model for the Central Valley Index stocks of fall chinook, which
predicts an ocean exploitation index of 0.72 in 1995 as compared to
0.79 in 1990. These indices only indicate 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 their growth and migration patterns.
Since 1991, all hatchery-reared Sacramento River winter chinook
have been tagged. Based on ocean recoveries of tagged winter chinook,
it is estimated that approximately 100 hatchery produced winter chinook
were taken in the 1994 sport and commercial harvests. There are no
estimates of the ocean abundance of either hatchery or wild winter-run
chinook, nor are there estimates of the numbers of wild winter-run
chinook taken by ocean fisheries. As a result, it is not possible to
assess what fraction of the total winter-run chinook population the
estimated 100 hatchery-reared adults taken in ocean fisheries
represent. NMFS intends to reinitiate consultation prior to next year's
seasons under section 7 of the ESA to determine whether further steps
are necessary to reduce overall mortality of the stock.
The 1995 abundance estimate for OCN coho is a near-record low of
219,000 fish. At this abundance level, the FMP only allows up to a 20
percent incidental exploitation rate that would result in a spawner
escapement of 35 adults per mile on standard index surveys. The 1995
management measures result in a total OCN coho exploitation rate of 12
percent, of which 5 percent are impacts associated with non-Council
fisheries (Canadian, Alaskan, and inside fisheries). At this
exploitation rate, the expected spawner escapement is 38 adults per
mile on standard index surveys--less than the spawning escapement goal
of 42 adults per mile. There is also ongoing concern for specific
individual stocks within the OCN complex, given the disproportionate
geographic distribution of OCN coho spawners. The Council's
recommendations include time and area closures, and gear restrictions
intended to minimize incidental fishing contact with OCN coho and
subsequent hook-and-release mortality while allowing access to
harvestable stocks of chinook salmon. [[Page 21749]]

Commercial Troll Fisheries

Retention of coho salmon is prohibited in all areas south of Cape
Falcon. All seasons listed below are restricted to all salmon species
except coho salmon.
Chinook quotas are being implemented in the area between Florence
South Jetty and House Rock, OR, to further 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 1,000 chinook during May in the area between Sisters
Rocks and House Rock; 1,200 chinook during July and August in the area
between Sisters Rocks and Mack Arch; 13,500 chinook during May and June
in the area between Cape Arago and Humbug Mountain; 10,000 chinook
during September and October in the area between Cape Arago and Humbug
Mountain; and 14,000 chinook during August in the area between Florence
South Jetty and Cape Arago. Troll fisheries in other areas south of
Cape Falcon are not limited by chinook quotas because of the minor
contribution of Klamath stocks to the fisheries.
From Point San Pedro, CA, to the United States-Mexico border, the
commercial fishery for all salmon, except coho, will open May 1 through
June 15, then reopen July 19 through September 30. Gear is restricted
to no more than six lines per boat.
From Point Reyes to Point San Pedro, CA, the commercial fishery for
all salmon, except coho, will open May 24 through July 4, then reopen
July 19 through September 30. Gear is restricted to no more than six
lines per boat.
From Point Arena to Point Reyes, CA, the commercial fishery for all
salmon, except coho, will open July 5 through September 30. Gear is
restricted to no more than six lines per boat.
From Horse Mountain to Point Arena, CA, the commercial fishery for
all salmon, except coho, will open September 1 through September 30.
Gear is restricted to no more than six lines per boat.
From Sisters Rocks to House Rock, OR, the commercial fishery for
all salmon, except coho, will be open on the following days through May
31 or attainment of the chinook quota, whichever comes earlier: May 1-
2, 5-6, 10-11, 14-15, 18-19, 23-24, 27-28, 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 only 0-6 nautical miles (11.1 km) of the baseline from
which the territorial sea is measured.
From Sisters Rocks to Mack Arch, OR, the commercial fishery for all
salmon, except coho, will open the following days through August 31 or
attainment of the chinook quota, whichever comes earlier: July 24-25,
28-29, August 1-2, 5-6, 9-10, 13-14, 17-18, 21-22, 25-26, and 30-31.
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 only 0-4 nautical miles (7.4 km) of the
baseline from which the territorial sea is measured.
From Cape Falcon to Humbug Mountain, OR, the commercial fishery for
all salmon except coho will open May 1 and continue through June 30,
except that the area between Cape Arago and Humbug Mountain will close
on the attainment of the chinook quota for that area. A control zone in
state waters at the mouth of Tillamook Bay will be closed to commercial
troll fishing in June. Gear is restricted to no more than four spreads
per line.
Later in the season, the area from Cape Arago to Humbug Mountain
will reopen for all salmon, except coho, on September 1 and continue
through the earlier of October 31 or attainment of the chinook quota.
Gear is restricted to no more than four spreads per line.
From Florence South Jetty to Cape Arago, OR, the commercial fishery
for all salmon, except coho, will reopen August 1 until attainment of
the 14,000 chinook quota, then open again September 1 through October
31. 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 reopen August 1 through October
31, except that in September the open area north of Cape Lookout is
restricted to 0-3 miles (4.8 km) of the baseline from which the
territorial sea is measured. A control zone in state waters at the
mouth of Tillamook Bay will be closed to commercial troll fishing in
August and September.

Recreational Fisheries

Retention of coho salmon is prohibited in all areas from May 1.
From Point Arena, CA, to the United States-Mexico border, the
recreational fishery, which opened on March 4 (the nearest Saturday to
March 1) for all salmon, continues for all salmon, except coho, from
May 1 through October 29 (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 February 18 (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 November 12 (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 17 for all salmon, except coho, and continue through the
earlier of July 8 or attainment of the 10,600-chinook quota. If the
quota is exceeded by more than 10 percent, the amount over 10 percent
will be deducted from the August quota. This area will reopen on August
16 for all salmon, except coho, and continue through the earlier of
August 31 or attainment of the 900-chinook quota, except that the
control zone at the mouth of the Klamath River will be closed. Both
seasons will be open Wednesday through Saturday only, with a one-fish
daily bag limit. This area will reopen for all salmon except coho from
September 1 through September 9, open 7 days per week, with a one-fish
daily bag limit, and no person may retain more than 6 fish in 7
consecutive days.
From Cape Falcon to Humbug Mountain, the recreational fishery will
open May 1 through June 30 for all salmon except coho, with a two-fish
daily bag limit, no more than six fish in 7 consecutive days, and a
control zone at the mouth of Tillamook Bay will be closed in June.
Legal gear is limited to artificial plugs or whole bait, either of
which must be no less than 6 inches (15.2 cm) long; only nonpainted
weights may be used; and no more than two single-point, single-shank
barbless hooks are allowed on whole bait or artificial plugs. All
attractors, including divers, are prohibited.

B. North of Cape Falcon

From the United States-Canada border to Cape Falcon, ocean
fisheries are managed to protect depressed upper Columbia River spring
and summer chinook salmon, lower Columbia River hatchery fall chinook
salmon, and Washington coastal and Puget Sound natural coho salmon
stocks. Ocean treaty and non-treaty harvests and management measures
were based in part on negotiations between Washington State fishery
managers, user groups, and the Washington coastal, Puget Sound, and
Columbia River Treaty Indian tribes as authorized by the U.S. District
Court in U.S. v. [[Page 21750]] Washington, U.S. v. Oregon, and Hoh
Indian Tribe et al. v. Baldridge.
Due to the projected low returns for Columbia River chinook salmon
stocks, non-treaty commercial troll and recreational ocean fisheries
north of Cape Falcon prohibit the retention of chinook salmon in 1995.
Snake River wild spring chinook and Snake River wild summer chinook
comprise only a very small proportion of total chinook abundance in the
Council management area, and it is unlikely that these fish are
significantly impacted in Council area fisheries. For Snake River wild
fall chinook, which are caught in Council area fisheries, the STT
estimated a 65-percent reduction in the ocean exploitation rate in
Council area fisheries under the recommended 1995 ocean measures
compared to the 1988-93 average.

Commercial Troll Fisheries

The commercial fishery for all salmon except chinook will open
between the United States-Canada border and Carroll Island, WA, on
August 5 through the earliest of September 15 or attainment of the
18,750-coho quota or the 160,000-pink-salmon guideline. The fishery
will follow a cycle of 4 days open and 3 days closed, with a possession
and landing limit of 80 coho per opening, and gear restricted to
flashers with barbless, bare, blued hooks or flashers with barbless
hooks and pink hoochies of 3 inches (7.6 cm) or less.

Recreational Fisheries

Recreational all-salmon-except-chinook fisheries are divided into
four subareas. Opening dates, subarea quotas, bag limits, and area and
gear restrictions are described below. The fisheries in all subareas
will close by September 28 or at attainment of the subarea coho salmon
quota.
From the Queets River to Leadbetter Point and from Leadbetter Point
to Cape Falcon, the fishery will open July 24, with coho subarea quotas
of 20,800 and 28,125, respectively. Both subareas will be open Sunday
through Thursday only, with a two-fish daily bag limit; no person may
retain more than four fish in 7 consecutive days; and the area will be
closed 0-3 miles (4.8 km) off shore and in the control zone at the
Columbia River mouth.
From Cape Alava to Queets River, the fishery will open August 1,
with a 1,460 coho subarea quota, open Sunday through Thursday only,
will be subject to a two-fish daily bag limit, and closed 0-3 miles
(4.8 km) of shore.
From the U.S.-Canada border to Cape Alava, the fishery will open
August 1 with a 5,850-coho subarea quota, open 7 days per week with a
two-fish daily bag limit, and closed 0-3 miles (4.8 km) off shore south
of Skagway Rock.

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. Treaty Indian troll fisheries north of Cape Falcon are
governed by quotas of 12,000 chinook and 25,000 coho salmon. The all-
except-coho seasons will open May 1 and extend through May 31 or until
the overall harvest guideline of 7,000 chinook is reached, whichever is
earlier. The all-salmon seasons will open August 1 and extend through
the earliest of September 30 or attainment of the chinook or coho
quotas. The minimum length restrictions for all treaty ocean fisheries,
excluding ceremonial and subsistence harvest, is 24 inches (61.0 cm)
for chinook and 16 inches (40.6 cm) for coho.

1996 Fisheries

The timing of the March and April Council meetings makes it
impracticable for the Council to recommend to NMFS fishing seasons that
begin before May 1 of the same year. Therefore, openings for 1996
fishing seasons earlier than May 1 are established in this
notification. The Council recommended, and NMFS concurs, that the
following two recreational seasons will open in 1996. First, the area
from Point Arena to the United States-Mexico border will open on March
2 (the nearest Saturday to March 1) for all salmon. This fishery will
be subject to a two-fish daily bag limit unless an evaluation indicates
low coho abundance is anticipated in 1996, in which case inseason
action may be taken to prohibit retention of coho. The control zone
near the mouth of San Francisco Bay will be closed from March 2 through
March 31. Second, the area from Horse Mountain to Point Arena will open
on February 17 (the nearest Saturday to February 15) for all salmon,
except coho, with a two-fish daily bag limit.
The following tables and text are the management measures
recommended by the Council for 1995 and, as specified, for 1996. 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 Fishery
Conservation and Management Act and other applicable law, including
U.S. obligations to Indian tribes with Federally recognized fishing
rights.

Halibut Retention

In accordance with the Northern Pacific Halibut Act, regulations
governing the Pacific halibut fishery were published in the Federal
Register on March 20, 1995 (60 FR 14651) under 50 CFR part 301. The
regulations state that vessels participating in the salmon troll
fishery in Area 2A (all waters off the States of Washington, Oregon,
and California), that have obtained the appropriate International
Pacific Halibut Commission (IPHC) license, may retain halibut caught
incidentally during the May through June salmon fisheries, in
conformance with the annual salmon management measures.
As provided by 50 CFR 301.7(c) and 301.23(e), the following
measures have been approved. Trollers must obtain a license from the
IPHC by May 1 to retain Pacific halibut caught incidental to the salmon
troll fishery during May through June in Area 2A. A salmon troller may
participate in this fishery or in the directed commercial fishery
targeting halibut, but not both. During the May-through-June troll
fishery, no more than one halibut may be landed for each 20 chinook
landed by a salmon troller. Any halibut retained must be in compliance
with the minimum size limit of 32 inches (81.3 cm). A salmon troller
must have 20 chinook on board before retaining a halibut. The Oregon
Department of Fish and Wildlife will monitor landings, and if they are
projected to exceed the 16,068-pound (7.3-mt) preseason allocation
specified at 50 CFR 301.10(b)(2), NMFS will take inseason action to
close the incidental halibut fishery through a notice published in the
Federal Register.

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[[Page 21753]]
Table 1.--Commercial Management Measures for 1995 Ocean Salmon Fisheries (Continued)
[B. Minimum size limits (Inches)*]
----------------------------------------------------------------------------------------------------------------
Chinook Coho
--------------------------------------------
Total Total Pink
length Head-off length Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon.............................. ......... ......... 16.0 12.0 None.
Cape Falcon to Humbug Mountain.................... 26.0 19.5 ......... ......... None.
South of Humbug Mountain.......................... 26.0 19.5 ......... ......... None.

Chinook not less than 26 inches (19.5 inches head-off) taken in open seasons south of Cape Falcon may be landed
north of Cape Falcon only when the season is closed north of Cape Falcon.

----------------------------------------------------------------------------------------------------------------
*Metric equivalents for chinook: 26.0 inches=66.0 cm, 19.5 inches=49.5 cm.
Metric equivalents for coho: 16.0 inches=40.6 cm, 12.0 inches=30.5 cm.

C. General Requirements, Restrictions, and Exceptions

C.1. Hooks--Single point, single shank barbless hooks are
required.
C.2. Spread--A single leader leading to an individual lure or
bait.
C.3. Transit Through Closed Areas with Salmon on Board--It is
unlawful for a vessel, that has been issued an ocean salmon permit
by any state, to have troll gear in the water while transiting any
area closed to salmon fishing while possessing salmon.
C.4. Landing Salmon in Closed Areas--Legally caught salmon may
be landed in closed areas unless otherwise prohibited by these
regulations.
C.5. Control Zone 2--The area immediately adjacent to the mouth
of Tillamook Bay is closed as established by the Oregon Department
of Fish and Wildlife in state regulations.
C.6. Consistent with Council management objectives, the State of
Oregon may establish some additional late-season, all-salmon-except-
coho fisheries in state waters.
C.7. For the purposes of California Fish and Game Code Section
8232.5, the definition of the Klamath management zone for the ocean
salmon season shall be that area from Humbug Mountain, Oregon, to
Horse Mountain, California.
C.8. Inseason Management--In addition to certain automatic
inseason actions and specific inseason regulatory modifications
noted under Section D below, NMFS may make inseason adjustments to
fisheries north of Cape Falcon which are consistent and
complementary to Council spawner escapement objectives in the event
that management agreements or understandings with Canada warrant re-
evaluation of the Council's assumptions about prior interceptions.
C.9. Halibut Retention--Trollers must obtain a license from the
International Pacific Halibut Commission (206-634-1838) by May 1 to
retain Pacific halibut caught incidental to the salmon troll fishery
during May through June in Area 2A (all waters off the States of
Washington, Oregon, and California). A salmon troller may
participate in this fishery or in the directed commercial fishery
targeting halibut, but not both. During the May through June troll
fishery, no more than 1 halibut may be landed for each 20 chinook
landed by a salmon troller. Any halibut retained must be in
compliance with the minimum size limit of 32 inches (81.3 cm). A
salmon troller must have 20 chinook on board before retaining a
halibut. The Oregon Department of Fish and Wildlife will monitor
landings and if they are projected to exceed the 16,068 pound (7.3
mt) preseason allocation, NMFS will take inseason action to close
the incidental halibut fishery through a notice published in the
Federal Register.

D. Possession, Landing, and Special Restrictions by Management Area

If prevented by unsafe weather conditions or mechanical problems
from meeting special management area landing restrictions, vessels
must notify the U.S. Coast Guard and receive acknowledgement of such
notification prior to leaving the area where landing is required.
This notification shall include the name of the vessel, port where
delivery will be made, approximate amount of salmon (by species) on
board, and the estimated time of arrival.
D.1. U.S.-Canada Border to Carroll Island, August/September All-
Salmon-Except-Chinook Season--The fishery will follow a cycle of 4
days open and 3 days closed, continuing the cycle until the earliest
of September 15 or attainment of the coho quota (see E.1.) or pink
harvest guideline. Each vessel may possess, land and deliver no more
than 80 coho per open period. Vessels must land and deliver within
the area or in adjacent closed areas. All salmon must be landed and
delivered within 24 hours of each closure. If the catch exceeds
6,000 coho in the first 4-day cycle, the fishery may be modified
inseason to maximize the likelihood that the fishery will continue
for at least 3 cycles by either (1) adjusting the landing and
possession limit or (2) prohibiting retention of coho. The Fraser
River Panel of the Pacific Salmon Commission intends to maintain
jurisdiction over the level of ocean commercial harvest of pink
salmon north of Carroll Island in 1995 and is expected to set a
quota of 160,000 pink salmon for this fishery.
D.2. Sisters Rocks to House Rock in May--The fishery will be
open only on the following days through the earlier of May 31 or
attainment of the chinook quota (see E.4.): May 1-2, 5-6, 10-11, 14-
15, 18-19, 23-24, 27-28 and 31. The Oregon Department of Fish and
Wildlife and NMFS may adjust the open/closure cycle through the
inseason management process as necessary to manage the fishery. All
salmon caught in the area must be landed and delivered in the
immediate area ports only (Gold Beach, Brookings, or Port Orford)
within 24 hours of each closure. Landing limits may be imposed
inseason as required to maintain an orderly fishery.
D.3. Sisters Rocks to Mack Arch in July and August--The fishery
will be open only on the following days through the earlier of
August 31 or attainment of the chinook quota (see E.5.): July 24-25,
28-29, August 1-2, 5-6, 9-10, 13-14, 17-18, 21-22, 25-26, and 30-31.
The Oregon Department of Fish and Wildlife and NMFS may adjust the
open/closure cycle through the inseason management process as
necessary to manage the fishery. All salmon caught in the area must
be landed in the immediate area ports only (Gold Beach, Brookings,
or Port Orford) within 24 hours of each closure. Landing limits may
be imposed inseason as required to maintain an orderly fishery.

E. Quotas

E.1. North of Cape Falcon--All non-treaty troll and recreational
ocean fisheries will be limited by either (a) an overall 0 chinook
quota or (b) impacts on critical Washington coastal and Puget Sound
natural coho stocks equivalent to the preseason quota of 75,000
coho. The troll fishery will be limited by overall catch quotas of 0
chinook and 18,750 coho. Any transfers between subarea quotas of
5,000 fish or less shall be done on a fish-for-fish basis.
E.2. Florence South Jetty to Cape Arago in August--Limited to a
catch quota of 14,000 chinook.
E.3. Cape Arago to Humbug Mountain--Limited by catch quotas of
13,500 chinook for the May/June fishery and 10,000 chinook for the
September/October fishery.
E.4. Sisters Rocks to House Rock--Limited by a catch quota of
1,000 chinook in May.
E.5. Sisters Rocks to Mack Arch--Limited by a catch quota of
1,200 chinook for July and August.

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[[Page 21756]]
Table 2.--Recreational Management Measures for 1995 Ocean Salmon
Fisheries (Continued)
[B. Minimum size limits (Total Length in Inches)*]
------------------------------------------------------------------------
Chinook Coho Pink
------------------------------------------------------------------------
North of Cape Falcon.. ......... 16.0 None.
Cape Falcon to Hambug 20.0 ......... None.
Mountain.
South of Hambug 20.0 ......... None, except 20.0 off
Mountain. California.
------------------------------------------------------------------------
*Metric equivalents: 20.0 inches=50.8 cm, 16.0 inches=40.6 cm.

C. Special Requirements, Restrictions and Exceptions

C.1. Hooks--Single point, single shank barbless hooks are
required north of Point Conception, California (34 deg.27'00'' N.
latitude).
C.2. Gear Restriction Between Cape Falcon and Humbug Mountain--
Legal gear limited to artificial plugs or whole bait, either of
which must be no less than 6 inches (15.2 cm) long; nonpainted
weights and no more than 2 single point, single shank barbless hooks
allowed on whole bait or artificial plugs; all attractors, including
divers, are prohibited.
C.3. Control Zone 1--The ocean area surrounding the Columbia
River mouth bounded by a line extending for 6 nautical miles (11.1
km) due west from North Head along 46 deg.18'00'' N. latitude to
124 deg.13'18'' W. longitude, then southerly along a line of
167 deg. True to 46 deg.11'06'' N. latitude and 124 deg.11'00'' W.
longitude (Columbia River Buoy), then northeast along Red Buoy Line
to the tip of the south jetty.
C.4. Control Zone 2--The area immediately adjacent to the mouth
of Tillamook Bay is closed as established by the Oregon Department
of Fish and Wildlife in state regulations.
C.5. Control Zone 3--The ocean area surrounding the Klamath
River mouth bounded on the north by 41 deg.38'48'' N. latitude
(approximately 6 nautical miles north of the Klamath River mouth),
on the west by 124 deg.23'00'' W. longitude (approximately 12
nautical miles off shore), and on the south by 41 deg.26'48'' N.
latitude (approximately 6 nautical miles south of the Klamath River
mouth), is closed August 16-31. (6 nautical miles=11.1 km, 12
nautical miles=22.2 km)
C.6. Control Zone 4 (Sacramento River Winter Chinook
Conservation Closure)--The ocean area bounded by a line commencing
at Bolinas Point (Marin County, 37 deg.54'17'' N. latitude,
122 deg.43'35'' W. longitude) southerly to Duxbury Buoy to Channel
Buoy 1 to Channel Buoy 2 to Point San Pedro (San Mateo County,
37 deg.35'40'' N. latitude, 122 deg.31'10'' W. longitude) is closed
from the opening of the season in 1996 through March 31.
C.7. Inseason Management--To meet preseason management
objectives such as quotas, harvest guidelines and season duration,
certain regulatory modifications may become necessary inseason. Such
actions could include modifications to bag limits or days open to
fishing and extensions or reductions in areas open to fishing. In
addition, NMFS may make inseason adjustments to fisheries north of
Cape Falcon which are consistent and complementary to Council
spawner escapement objectives in the event that management
agreements or understandings with Canada warrant re-evaluation of
the Council's assumptions about prior interceptions.
The procedure for inseason transfer of coho among recreational
subareas north of Cape Falcon will be as follows:
After conferring with representatives of the affected ports and
the Salmon Advisory Subpanel recreational representatives north of
Cape Falcon, NMFS may transfer coho inseason among recreational
subareas to help meet the recreational season duration objectives
(for each subarea). Any transfers between subarea quotas of 5,000
fish or less shall be done on a fish-for-fish basis.
C.8. Consistent with Council management objectives, the State of
Oregon may establish limited, all-salmon-except-coho fisheries
inside state waters. Fall fisheries under consideration (mid-
September through November) include areas at the mouths of
Tillamook, Yaquina and Coos bays, and at the mouths of the Elk and
Chetco rivers.
C.9. Consistent with Council management objectives, the State of
Washington may establish limited fisheries in state waters.

D. Quotas

D.1. North of Cape Falcon--All non-treaty troll and recreational
ocean fisheries will be limited by either (a) an overall 0 chinook
quota or (b) impacts on critical Washington coastal and Puget Sound
natural coho stocks equivalent to the preseason quota of 75,000
coho. The recreational fishery will be limited by overall catch
quotas of 0 chinook and 56,250 coho.
D.2. Humbug Mountain to Horse Mountain--Limited by harvest
quotas of 10,600 chinook in May-July, and 900 chinook in August. If
the May-July quota is exceeded by more than 10 percent, the amount
over 10 percent will be deducted from the August quota.

Table 3.--Treaty Indian Management Measures for 1995 Ocean Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
Minimum size limit
Tribe and area (inches)* Special restrictions by
boundaries Open seasons Salmon species -------------------- area
Chinook Coho
----------------------------------------------------------------------------------------------------------------
A. Seasons, Species, Minimum Size Limits, and Gear Restrictions

Makah--That May 1 thru All except coho........... 24 ........ Barbless hooks. No more
portion of the earlier of May All....................... 24 16 than 8 fixed lines per
Fishery 31 or overall boat or no more than 4
Management Area chinook hand-held lines per
(FMA) north of guideline. person.
48 deg.02'15'' August 1 thru
N. latitude earliest of
(Norwegian September 30 or
Memorial) and chinook or coho
east of 125 quota.
deg.44'00'' W.
longitude.
Quileute--That May 1 thru All except coho........... 24 ........ Barbless hooks. No more
portion of the earlier of May All....................... 24 16 than 8 fixed lines per
FMA between 48 31 or overall boat.
deg.07'36'' N. chinook
latitude (Sand guideline.
Point) and 47 August 1 thru
deg.31'42'' N. earliest of
latitude (Queets September 30 or
River) east of chinook or coho
125 deg.44'00'' quota.
W. longitude.
Hoh--That portion May 1 thru All except coho........... 24 ........ Barbless hooks. No more
of the FMA earlier of May All....................... 24 16 than 8 fixed lines per
between 47 31 or overall boat.
deg.54'18'' N. chinook
latitude guideline.
(Quillayute August 1 thru
River) and 47 earliest of
deg.21'00'' N. September 30 or
latitude chinook or coho
(Quinault River) quota.
east of 125
deg.44'00'' W.
longitude.
[[Page 21757]]

Quinault--That May 1 thru All except coho........... 24 ........ Barbless hooks. No more
portion of the earlier of May All....................... 24 16 than 8 fixed lines per
FMA between 47 31 or overall boat.
deg.40'06'' N. chinook
latitude guideline.
(Destruction August 1 thru
Island) and 46 earliest of
deg.53'18'' N. September 30 or
latitude (Point chinook or coho
Chehalis) east quota.
of 125
deg.44'00'' W.
longitude.
----------------------------------------------------------------------------------------------------------------
* Metric equivalents: 24 inches=61.0 cm, 16 inches=40.6 cm.
(Note: This table contains important restrictions in Parts A, B, and C which must be followed for lawful
participation in the fishery.)

B. Special Requirements, Restrictions, and Exceptions

B.1. All boundaries may be changed to include such other areas
as may hereafter be authorized by a federal court for that tribe's
treaty fishery.
B.2. Applicable lengths for dressed, head-off salmon, are 18
inches (45.7 cm) for chinook and 12 inches (30.5 cm) for coho.
Minimum size and retention limits for ceremonial and subsistence
harvest are as follows: Makah Tribe--None. Quileute, Hoh, and
Quinault tribes--Not more than 2 chinook longer than 24 inches in
total length may be retained per day. Chinook less than 24 inches
total length may be retained.
B.3. The areas within a 6-mile (9.7 km) radius of the mouths of
the Queets River (47 deg.31'42'' N. latitude) and the Hoh River
(47 deg.45'12'' N. latitude) will be closed to commercial fishing. A
closure within 2 miles (3.2 km) of the mouth of the Quinault River
(47 deg.21'00'' N. latitude) may be enacted by the Quinault Nation
and/or the State of Washington and will not adversely affect the
Secretary of Commerce's management regime.

C. Quotas

C.1. The overall treaty troll ocean quotas are 12,000 chinook
and 25,000 coho salmon. These quotas include troll catches by the
Klallam and Makah tribes in Washington State Statistical Area 4B
from May 1 through September 30. The all-salmon-except-coho fishery
in May will be limited by an overall harvest guideline of 7,000
chinook with the remainder of the quota available for the all-salmon
fishery beginning in August.

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
recreationally fishing for salmon off California.
Fishing includes any activity that can reasonably be expected to
result in the catching, taking, or harvesting of fish.

Geographical Landmarks

Geographical landmarks referenced in this notice are at the
following locations:

Skagway Rock................................ 48 deg.21'58'' N. lat.
Cape Alava.................................. 48 deg.10'00'' N. lat.
Carroll Island.............................. 48 deg.00'18'' N. lat.
Queets River................................ 47 deg.31'42'' N. lat.
Leadbetter Point............................ 46 deg.38'10'' N. lat.
Cape Falcon................................. 45 deg.46'00'' N. lat.
Cape Lookout................................ 45 deg.20'15'' 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 is exempt from
review under E.O. 12866.
Section 661.23 of title 50, Code of Federal Regulations, requires
NMFS to publish a notice establishing management measures for ocean
salmon fisheries each year and, if time allows, invite public comments
prior to the effective date. Section 661.23 further states that if, for
good cause, a notice must be filed without affording a prior
opportunity for public comment, the measures will become effective;
however, comments on the notice must be invited and received for a
period of 15 days after filing the notice with the Office of 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 socio-
economic data for the previous year's fishery and salmon stock
abundance estimates for the current year. These documents are made
available and distributed to the public for review and comment. Two
meetings of the Council follow in March and April. These meetings are
open to the public and public comment on the [[Page 21758]] salmon
management measures is encouraged. In 1995, the Council recommended
management measures near the conclusion of its meeting on April 7,
which resulted in a short timeframe for implementation.
In addition, delay in the start of the fishing season would deny
ocean fishermen access to harvestable salmon stocks that, 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, NMFS has determined that good cause exists to
waive the requirements of 50 CFR 661.23 and 5 U.S.C. 553(b) for prior
notice and opportunity for prior public comments on that notice to be
published in the Federal Register. For the same reasons, NMFS has
determined that good cause exists to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d). For this notice, NMFS is receiving
public comments for 30 days from publication of the notice.
The public had opportunity to comment on these management measures
during 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.
On March 31, 1991, NMFS issued a biological opinion that considered
the effects on Sacramento River winter-run chinook salmon of fishing
under the FMP. The opinion concluded that implementation of the plan is
not likely to jeopardize the continued existence of the species. The
1995 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
fishing under the 1995 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 1995, and the
recreational fisheries early in 1996, under the FMP are not likely to
jeopardize the continued existence of the listed stocks or adversely
modify critical habitat.

Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq.

Dated: April 27, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-10804 Filed 4-28-95; 11:27 am]
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