[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)] [Rules and Regulations] [Pages 35144-35145] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-17010] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE 50 CFR Part 660 [Docket No. 960126016-6121-04; I.D. 062896A] Ocean Salmon Fisheries Off the Coasts of Washington, Oregon, and California; Closure from Point Arena, CA, to the U.S.-Mexican Border AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure. ----------------------------------------------------------------------- SUMMARY: NMFS announces that the recreational salmon fishery in the area from Point Arena, CA, to the U.S.-Mexican border, in the exclusive economic zone (EEZ), closes at 0001 hours, July 2, 1996 and will remain closed until 0001 hours, July 15, 1996. The season in the EEZ will reopen under the terms of the preseason announcement of the 1996 management measures. NMFS has determined that the 2-week closure is necessary to offset the increased impacts on Sacramento River winter chinook salmon resulting from the decision by the California Fish and Game Commission (Commission) to delay implementing an increase in the recreational minimum size limit for chinook salmon within state waters. This action is necessary for ocean salmon fisheries to remain in conformance with the March 8, 1996, biological opinion issued by NMFS and is intended to provide protection to Sacramento River winter chinook salmon. DATES: Effective 0001 hours local time, July 2, 1996, through 0001 hours local time, July 15, 1996. Comments will be accepted through July 15, 1996. ADDRESSES: Comments may be mailed to Hilda Diaz-Soltero, Director, Southwest Region, National Marine Fisheries [[Page 35145]] Service, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4132. Information relevant to this notice has been compiled in aggregate form and is available for public review during business hours at the Southwest Regional Office, and at the Northwest Regional Office, National Marine Fisheries Service, 7600 Sand Point Way NE., BIN C15700- Bldg. 1, Seattle, WA 98115-0070. FOR FURTHER INFORMATION CONTACT: Rodney R. McInnis or Daniel Viele, 310-980-4030. SUPPLEMENTARY INFORMATION: Sacramento River winter chinook was listed under the Endangered Species Act (ESA) in 1989. In response to continuing and dangerously low abundance of winter chinook, NMFS issued a March 8, 1996, biological opinion (revised April 5, 1996) which required that ocean fishery impacts on winter chinook be reduced to the extent that winter chinook spawning escapement would be increased by 35 percent compared to current levels. The 1996 ocean salmon management measures (61 FR 20175, May 6, 1996) recommended by the Pacific Fishery Management Council (Council) and approved and implemented by NMFS meet the requirements of the biological opinion through a combination of season reductions and increased minimum size limits. The State of California acted in late April to conform its commercial and recreational fishing regulations to the Council's recommended management measures. On May 1, 1996, the Commission, which regulates the recreational salmon fishery within state waters, announced its intent to consider delaying implementation of the July 2 increase in the minimum size limit south of Point Arena for recreationally caught chinook until August 26. The Council considered the Commission's proposed action at its June 18-19 meeting in Seattle, WA. NMFS informed the Council that any state actions resulting in an increase in winter chinook impacts would trigger inseason action by NMFS to ensure the requirements of the biological opinion would continue to be met. NMFS urged the Council to recommend adjustments to the fishing seasons in the EEZ, which would result in ocean salmon fisheries operating within the constraints of the biological opinion, should the Commission delay implementation of the July 2 minimum size limit increase. Despite advice from its Salmon Technical Team (STT) that the decrease in winter chinook spawning escapement resulting from the proposed delay would not meet ESA requirements, the Council, at its June 18-19 meeting, recommended that NMFS delay the minimum size limit increase in Federal waters as well. The Council further advised NMFS to constrain any Federal regulatory adjustments stemming from the Commission's actions to the California recreational fishery. On June 21, the Commission approved a July 15, 1996, date for the increase in the minimum size limit for chinook in the recreational salmon fishery south of Point Arena. A preliminary analysis by the STT indicates that the difference between the winter chinook spawning escapement increase expected under the NMFS approved and implemented management measures and the Commission's delay to July 15 would be 0.7 percent. Although small, this difference results in winter chinook impacts that do not meet the requirement of the biological opinion to increase winter chinook spawning escapement by 35 percent. NMFS has taken this inseason action to close the recreational fishery in the EEZ during the same time period that the Commission has delayed the increase in the minimum size limit in state waters. Differing size limits in Federal and state waters are considered to be unenforceable. Analysis of how to compensate in the EEZ for the 2-week delay is made difficult by the lack of data partitioning recreational effort between the EEZ and state waters, and an inability to predict the portion of the recreational effort normally occurring in the EEZ that will shift to state waters as a result of an EEZ closure. Data for the commercial troll fishery off California in 1983 and 1984 indicate 67 percent of the catch occurred in the EEZ. However, there is no reason to assume a similar distribution of the recreational effort. Officials at the California Department of Fish and Game estimate that perhaps 70 percent of the recreational effort in July may occur inside state waters. If it is assumed that 30 percent of the recreational fishing effort occurs in the EEZ and that no effort shift will result from an EEZ closure, a 2-week closure of the EEZ to recreational fishing in July would approximately compensate for the winter chinook impacts caused by the 2-week delay in the minimum size limit in state waters, according to the Winter Chinook Ocean Harvest Model. Based on that analysis, NMFS expects that with this 2-week closure the ocean fisheries will continue to meet the requirements of the biological opinion. If, however, further analysis by the STT should indicate that additional adjustments are required, NMFS will consider further closures to salmon fisheries in the EEZ. The Regional Director consulted with representatives of the Council and the California Department of Fish and Game. Because of the need for immediate action, NMFS has determined that good cause exists for this notice to be issued without affording a prior opportunity for public comment. This notice does not apply to other fisheries that may be operating in other areas. Classification This action is authorized by 50 CFR 660.409 and 660.411 and is exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 28, 1996. Richard W. Surdi, Acting Director, Office of Fisheries Conservation and Management, National Marine Fisheries Service. [FR Doc. 96-17010 Filed 6-28-96; 4:20 pm] BILLING CODE 3510-22-F