[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Rules and Regulations]
[Pages 24355-24366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11677]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 970429101-7101-01; I.D. 042497B]
RIN 0648-AJ09


Fisheries Off West Coast and Western Pacific States; West Coast 
Salmon Fisheries; 1997 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 1997 and 
for 1998 salmon seasons opening earlier than May 1, 1998. 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 (nm)) 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.

DATES: Effective from 0001 hours Pacific Daylight Time (P.d.t.), May 1, 
1997, until the effective date of the 1998 management measures, as 
published in the Federal Register. Comments must be received by June 4, 
1997.

ADDRESSES: Comments on the management measures and related 
environmental assessment (EA) may be sent to William Stelle, Jr., 
Regional Administrator, Northwest Region, National Marine Fisheries 
Service, 7600 Sand Point Way N.E., Seattle, WA 98115-0070; or William 
Hogarth, Acting Regional Administrator, Southwest Region, National 
Marine Fisheries Service, 501 West Ocean Boulevard, Suite 4200, Long 
Beach, CA 90802-4213. Copies of the EA and other documents cited in 
this notice are available from Larry Six, Executive Director, Pacific 
Fishery Management Council, 2130 S.W. Fifth Ave., Suite 224, Portland, 
OR 97201.

FOR FURTHER INFORMATION CONTACT: William Robinson at 206-526-6140, or 
Rodney McInnis at 562-980-4030.

SUPPLEMENTARY INFORMATION:

Background

    The ocean salmon fisheries in the exclusive economic zone off 
Washington, Oregon, and California (the fishery management area (FMA)) 
are managed under a ``framework'' fishery management plan--the Fishery 
Management Plan for Commercial and Recreational Salmon Fisheries Off 
the Coasts of Washington, Oregon, and California (FMP) was developed, 
approved and implemented under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). 
Regulations at 50 CFR part 660, subpart H, 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.

[[Page 24356]]

    These management measures for the 1997 and pre-May 1998 ocean 
salmon fisheries were recommended by the Pacific Fishery Management 
Council (Council) at its April 8-11, 1997, meeting.

Schedule Used To Establish 1997 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 1996 Ocean 
Salmon Fisheries,'' summarizes the 1996 ocean salmon fisheries and 
assesses how well the Council's management objectives were met in 1996. 
The second report, ``Preseason Report I Stock Abundance Analysis for 
1997 Ocean Salmon Fisheries,'' provides the 1997 salmon stock abundance 
projections and analyzes the impacts on the stocks and Council 
management goals if the 1996 regulations or regulatory procedures were 
applied to the 1997 stock abundances.
    The Council met on March 4-7, 1997, in Portland, OR, to develop 
proposed management options for 1997. 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. The options provided for retention of chinook salmon in non-
treaty fisheries north of Cape Falcon, OR, for the first time since 
1993, and no retention of coho salmon south of Cape Falcon for the 
third consecutive year. After the March Council meeting, the STT and 
Council staff economist prepared a third report, ``Preseason Report II 
Analysis of Proposed Regulatory Options for 1997 Ocean Salmon 
Fisheries,'' which analyzes the effects of the proposed 1997 management 
options. This report also was made available to the Council, its 
advisors, and the public.
    Public hearings on the proposed options were held March 31 and 
April 1, 1997, in Westport, WA; Astoria and North Bend, OR; and Eureka, 
CA.
    The Council met on April 8-11, 1997, in Millbrae, CA, to adopt its 
final 1997 recommendations. Following the April Council meeting, the 
STT and Council staff economist prepared a fourth report, ``Preseason 
Report III Analysis of Council-Adopted Management Measures for 1997 
Ocean Salmon Fisheries,'' which analyzes the environmental and socio-
economic effects of the Council's final recommendations. This report 
also was made available to the Council, its advisors, and the public.

Resource Status

    Aside from salmon species listed and proposed for listing under the 
Endangered Species Act (ESA) discussed below, the primary resource 
concerns are for Klamath River fall chinook, lower Columbia River fall 
chinook stocks, 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 fall chinook stocks are abundant compared 
to other chinook stocks of the Pacific coast. The Central Valley Index 
of abundance of combined Central Valley chinook stocks is projected to 
be 849,000 fish for 1997, the highest predicted since 1990 and 17 
percent above the postseason estimate of the index for 1996. The 
spawning escapement of Sacramento River adult fall chinook was 244,400 
adults in 1996, well above the escapement goal range of 122,000 to 
180,000 adult spawners.
    Winter chinook from the Sacramento River are listed under the ESA 
as an endangered species (59 FR 440, January 4, 1994). The 1996 
spawning run size was estimated to be approximately 600 adults, 2.3 
times the estimated 1993 adult escapement. Neither preseason nor 
postseason estimates of ocean abundance are available for winter 
chinook, but the run is expected to remain extremely depressed in 1997.
    Klamath River fall chinook ocean abundance is projected to be 
155,400 age-3 and age-4 fish at the beginning of the fishing season. 
The abundance forecast is 45 percent below the 1996 postseason 
abundance estimate and 46 percent below the average postseason 
estimates for 1987-1996. The spawning escapement goal for the stock is 
33-34 percent of the potential natural adults but no fewer than 35,000 
natural spawners (fish that spawn outside of hatcheries). The natural 
spawning escapement in 1996 was 81,000 adults, about half of the 1995 
escapement of 161,800 adults.
    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 similar to the levels observed in 1996. 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 natural chinook spawning escapement goal of 150,000 to 200,000 
naturally spawning adults will be met in 1997.
    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 1997 are 
67,800 fish, 32 percent above the 1996 return of 51,500 adult fish, and 
20 percent above the 1979-1984 average return of 56,600 fish. The 1996 
stock status indicates improvement from the record low return in 1994, 
but also a continuation of the depressed status of this stock. Recent 
improvements in 1985-1990 and 1992-1993 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 16,700 fish, the third lowest on 
record. The 1997 stock status remains extremely depressed, with a 
return of 16,700 fish being only 21 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. Lower Columbia River spring chinook. Willamette River spring 
chinook returns are projected to be 30,000 fish, 14 percent below the 
observed 1996 run of 34,800 fish, and the fourth consecutive year that 
the adult return is less than 50,000 fish. Lower Columbia River spring 
chinook stocks are important contributors to Council area fishery 
catches north of Cape Falcon; Willamette River spring chinook stocks 
generally contribute to Canadian and Alaskan ocean fisheries.

[[Page 24357]]

    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 
166,400 adults, 16 percent above the 1996 actual return of 143,200 
adults, and 109 percent above the 1979-1983 average return of 79,500 
adults. 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 
7,500 adults, 49 percent below the 1996 run size of 14,600 adults.
    c. Lower river hatchery fall chinook ocean escapement is forecast 
at 54,200 adults, 28 percent below the 1996 observed return of 75,500 
adults. This stock has declined sharply since the record high return in 
1987 to a record low return in 1995. 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 21,900 adults, 34 percent below the 1996 observed return of 
33,100 adults; the 1986-1990 average return was 16,700 adults, a recent 
5-year period of poor returns. The Spring Creek hatchery fall chinook 
stock generally has been rebuilding slowly since the record low return 
in 1987.
    e. Mid-Columbia bright fall chinook ocean escapement is projected 
to be 72,100 adults, 21 percent above the 1996 return of 59,700 adults.
    4. Snake River wild fall chinook. Snake River wild fall chinook are 
listed under the ESA as a threatened species (57 FR 14653, April 22, 
1992). 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.
    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

    Central California coast coho were listed as a threatened species 
under the ESA in 1996 (61 FR 56138, October 31, 1996), and southern 
Oregon/northern California coast coho were determined by the Assistant 
Administrator, NMFS, to be threatened species on April 25, 1997. Coho 
populations in California have not been monitored closely in the past, 
and no forecasts of the ocean abundance of coho originating from 
California are available; these runs have been generally at low 
abundance levels for many years.
    Oregon coastal and Columbia River coho stocks are the primary 
components of the Oregon Production Index (OPI), an annual index of 
coho abundance from Leadbetter Point, WA, to the U.S.-Mexico border. 
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 1994 Ocean Salmon Fisheries.'' 
The 1997 OPI is forecast to be 463,800 coho, 24 percent above the 1996 
preseason forecast of 372,800 coho, and 62 percent above the 1996 
observed level of 286,600 coho. The 1997 estimate for OCN is 86,400 
coho, 37 percent above the 1996 preseason forecast of 63,200 coho, and 
16 percent below the 1996 observed level of 102,900 coho. The 1996 
spawning escapement of the OCN stock was 88,100 fish, the largest for 
at least the last 7 years.
    Most Washington coastal natural coho stocks and Puget Sound 
combined natural coho stocks are expected to be less abundant in 1997 
than forecast in 1996. Abundances for Washington coastal stocks of 
Grays Harbor, Queets River, Hoh River, and Quillayute River fall 
natural coho are projected to be below the 1996 preseason predictions 
by 79 percent, 48 percent, 33 percent, and 32 percent, respectively. 
Abundances for Puget Sound stocks of Skagit River, Stillaguamish River, 
Hood Canal, and Strait of Juan de Fuca natural coho are projected to be 
135 percent above, 30 percent below, 212 percent above, and 39 percent 
below the 1996 preseason predictions, respectively. Many natural coho 
run sizes are forecast to be well below maximum sustainable yield (MSY) 
spawning escapement goals. Abundance forecasts for coho hatchery 
production range from 9 percent above to 64 percent below 1996 
expectations for Washington coastal stocks and 11 percent below the 
1996 forecast for Puget Sound combined stocks.

Pink Salmon Stocks

    Major pink salmon runs return to the Fraser River and Puget Sound 
only in odd-numbered years. In 1997, abundance expectations are for 
11.4 million Fraser River pink salmon and 1.7 million (preliminary) 
Puget Sound pink salmon.

Management Measures for 1997

    The Council recommended allowable ocean harvest levels and 
management measures for 1997 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. NMFS finds the Council's 
recommendations responsive to the goals of the FMP, the requirements of 
the resource, and the socio-economic factors affecting resource users. 
The recommendations are consistent with requirements of the Magnuson-
Stevens Act and other applicable law, including the ESA, and U.S. 
obligations to Indian tribes with Federally recognized fishing rights. 
Accordingly, NMFS hearby adopts them.
    Off central California, the 1997 management measures are some of 
the most restrictive ever established. The salmon seasons are also 
reduced compared to the season options adopted by the Council for 
public review in March. At the April Council meeting, the STT: (1) 
Implemented Council-approved changes to the Klamath River fall chinook 
ocean harvest model in order to compensate for a previously 
unrecognized underestimation of Klamath River chinook impacts in 
fisheries south of Point Arena, and (2) discovered that effort scalars 
used by the STT to model Snake River fall chinook impacts for the March 
options were incorrect. Together, these changes resulted in more 
restrictive seasons than the options that had been developed at the 
March Council meeting and that were subject to public comment and 
public hearings prior to the April Council meeting.

A. South of Cape Falcon

    In the area south of Cape Falcon, the management measures reflect 
the need to achieve the minimum spawning escapement goal for Klamath 
River fall chinook and ESA requirements for listed species which 
include Snake

[[Page 24358]]

River fall chinook, Sacramento River winter chinook, southern Oregon/
northern California coast coho, and central California coast coho.
    In a March 8, 1996, biological opinion that considered the impacts 
to salmon species listed under the ESA resulting from fisheries 
conducted in conformance with the FMP, NMFS determined that the 
continued existence of Sacramento River winter chinook was likely to be 
jeopardized. The biological opinion identified Reasonable and Prudent 
Alternatives (RPA) to avoid jeopardy; specifically, NMFS required that 
all harvest-related impacts to the Sacramento River winter chinook 
population be reduced by a level that would achieve a 35-percent 
increase in the spawner-to-spawner replacement rate over a 1989-1991 
base period. Based on new information and additional analysis, NMFS 
reinitiated consultation and, in a February 18, 1997, addendum to the 
biological opinion, determined that a 31-percent increase in the 
spawner-to-spawner replacement rate over a base period of 1989-1993 
would provide sufficient protection to the winter chinook population to 
avoid jeopardizing the run's continued existence.
    The Council analyzed the impacts of the proposed seasons on Snake 
River spring/summer and fall chinook stocks, listed as threatened 
species under the ESA. For Snake River wild spring and summer chinook, 
the available information indicates that it is highly unlikely that 
these fish are impacted by Council area fisheries. For Snake River wild 
fall chinook, NMFS determined in its March 8, 1996, biological opinion 
that the fisheries conducted under the FMP were likely to jeopardize 
that stock's continued existence. The RPA requires the Council to 
manage the ocean salmon fisheries within the jurisdiction of the 
Council to ensure the impacts of the annual management measures on 
Snake River wild fall chinook of either all U.S. ocean fisheries or all 
U.S. and Canadian ocean fisheries combined are no more than 50 percent 
or 70 percent, respectively, of the 1988-1993 average exploitation 
rate. The STT estimated a 30-percent reduction in the ocean 
exploitation rate for all ocean fisheries under the Council's 
recommended measures compared to the 1988-1993 average.
    Snake River fall chinook are distributed widely throughout Council 
fisheries and in both Canadian and Alaskan fisheries. The greatest 
incidence of Snake River fall chinook in Council fisheries is north of 
Cape Falcon and south of Cape Falcon off the Oregon coast. The 
incidence diminishes further south and reaches a very low level off 
southern California. In order to meet the Snake River fall chinook RPA, 
the Council attempted to balance necessary fishery restrictions up and 
down the entire coast.
    Southern and central California fisheries were constrained: (1) To 
meet the Klamath River fall chinook spawning escapement floor; (2) to 
meet the Sacramento River winter chinook RPA; and (3) to meet the Snake 
River fall chinook RPA. As a consequence of these restrictions, the 
escapement of Central Valley fall chinook will exceed substantially its 
escapement goal.
    The Council recommended the continued use of an increase in the 
minimum size limit in the recreational fishery south of Horse Mountain 
to 24 inches (61.0 cm), in conjunction with restricted seasons in order 
to reduce incidental ocean harvest of Sacramento River winter chinook. 
The Council reviewed a recent California Department of Fish and Game 
study on the mortality rate of salmon released in the California 
recreational fishery and increased the hook-and-release mortality rates 
associated with mooching using ``circle'' and ``J'' hooks consistent 
with the study results. The Council recommended that gear restrictions 
for recreational fisheries off California implemented in 1996 be 
continued with certain modifications to minimize hook-and-release 
mortality.
    In addition, the Council recommended a July and August trial 
recreational fishery between Point Reyes and Pigeon Point, CA, in which 
once caught, no salmon except coho can be released and the chinook bag 
limit is the first two salmon caught (excluding coho) with no minimum 
size limit. Any coho salmon caught must be released.
    Since completion of the March 8, 1996, opinion, additional species 
have been listed under the ESA that may be affected by ocean fisheries 
including central California coast coho, southern Oregon/northern 
California coast coho, and Umpqua River searun cutthroat trout. 
Additional species are currently being considered for listing, 
including a number of steelhead populations. In a February 26, 1997, 
letter to the Council, NMFS provided guidance on protective measures 
for coho for the 1997 season only. NMFS required that Council fisheries 
be managed so that the total harvest mortality to OCN coho from all 
fisheries does not exceed 13 percent, and that coho retention be 
prohibited in all catch areas that significantly impact listed coho. In 
accordance with the NMFS guidance, the Council's recommendations result 
in an 11-percent exploitation rate impact for OCN coho and no retention 
of coho south of Cape Falcon for the third consecutive year. NMFS also 
stated that ocean fishery management actions specifically designed for 
the protection of Umpqua River searun cutthroat trout and steelhead are 
not necessary. In an April 30, 1997, supplemental biological opinion, 
NMFS concluded that incidental fishery impacts that occur in the ocean 
salmon fishery proposed for the period from May 1, 1997, through April 
30, 1998 (or until the effective date of the 1998 management measures), 
will not jeopardize the continued existence of central California coast 
coho, southern Oregon/northern California coast coho, Umpqua River 
searun cutthroat trout, or any of the populations of steelhead proposed 
for listing.
    The California Fish and Game Commission (Commission) regulates 
sport fishing in California waters. In an April 7, 1997, letter, the 
Commission notified the Council that it is considering an in-river 
sport fishery allocation within the range of 15 to 33 percent of the 
non-tribal allocation, higher than has existed in recent years. The 
Commission will set harvest levels for in-river sport fisheries at its 
June 13, 1997, meeting. The Klamath River Fishery Management Council 
considered in-river sport allocations of 15 percent and 33 percent and 
recommended to the Council and the Commission an in-river sport 
allocation of 15 percent. The Council adopted management measures based 
on in-river sport fishery impacts being modeled at 15 percent of the 
non-tribal allocation. Modeling by the STT indicates that an in-river 
sport harvest allocation of 15 percent, in conjunction with the 
management measures implemented through this notice, is predicted to 
achieve the natural spawner escapement floor for Klamath River fall 
chinook of 35,000 adults and provide for a tribal harvest of half of 
the available harvest. NMFS approval of the Council's recommendations 
is based on the assumption that the Commission will set an in-river 
sport harvest at 15 percent of the non-tribal allocation. Should the 
Commission approve an allocation higher than 15 percent, NMFS will 
implement adjustments to ocean fisheries that will achieve the Klamath 
River fall chinook spawning escapement goal and allow for a tribal 
harvest of half of the available harvest.

Commercial Troll Fisheries

    Retention of coho salmon is prohibited in all areas south of Cape 
Falcon. All commercial troll fishing seasons south of Cape Falcon are

[[Page 24359]]

restricted to all salmon species except coho salmon. Off California, no 
more than six lines are allowed per vessel. Off Oregon, no more than 
four spreads are allowed per line.
    From Point San Pedro, CA, to the U.S.-Mexico border, the commercial 
fishery will open May 1 through May 31, then reopen June 23 through 
July 18 and September 1 through September 30.
    From Point Lopez to Point Mugu, CA, the commercial fishery opened 
April 15 and was scheduled to continue through the earlier of April 28, 
but closed April 22 upon attainment of the 10,000 chinook quota.
    From Point Reyes to Point San Pedro, CA, the commercial fishery 
will open July 1 through September 30.
    From Point Arena to Point Reyes, CA, the commercial fishery will 
open July 16 through September 30.
    From Horse Mountain to Point Arena, CA, the commercial fishery will 
open September 1 through September 30.
    From the Oregon-California border to Humboldt South Jetty, CA, the 
commercial fishery will open September 1 and continue through the 
earlier of September 30 or attainment of the 6,000 chinook quota. 
Restrictions include: (1) A landing limit of no more than 30 fish per 
day; (2) all fish caught in this subarea must be landed within the 
subarea; and (3) closure of the Klamath Control Zone.
    From Cape Arago, OR, to the Oregon-California border, the 
commercial fishery, which opened April 15, will continue through the 
earlier of May 31 or attainment of the 5,300 chinook quota. If 
sufficient quota remains after May 31, the fishery will reopen only 
between Cape Arago and Humbug Mountain, OR, from June 1 and continue 
through the earlier of June 30 or attainment of the remaining chinook 
quota.
    From Sisters Rocks to Mack Arch, OR, the commercial fishery will 
open August 1 and continue through the earlier of August 31 or 
attainment of the 3,000 chinook quota. The fishery will follow a cycle 
of 2 days open and 2 days closed. The days open may be adjusted 
inseason if necessary to manage the fishery. The open area is 
restricted to only 0-4 nm (7.4 km) of shore.
    From Cape Arago to Humbug Mountain, OR, the commercial fishery will 
open August 1 and continue through the earlier of August 31 or 
attainment of the 8,800 chinook quota, then reopen September 1 and 
continue through the earlier of October 31 or attainment of the 10,000 
chinook quota.
    From Cape Falcon to Cape Arago, OR, the commercial fishery, which 
opened on April 15, will continue through June 27, then reopen August 1 
through August 31 and September 4 through October 31.

Recreational Fisheries

    Retention of coho salmon is prohibited in all areas south of Cape 
Falcon. All recreational fishing seasons south of Cape Falcon are 
restricted to all salmon species except coho salmon. North of Point 
Conception, persons fishing for salmon and persons fishing from a boat 
with salmon on board may use no more than one rod per angler. From 
Horse Mountain to Point Conception, CA, the following restrictions 
apply when fishing with bait and any combination of weights measuring 1 
lb or less:
    1. From May 1 through September 1.--No more than two barbless hooks 
may be used per line. When using two barbless hooks, the terminal 
(lower) hook must be no less than \3/4\ inch (1.9 cm) when measured 
from the hook point to the shank and the upper hook no less than \5/8\ 
inch (1.6 cm) when measured from the hook point to the shank; the 
distance between the two hooks must not exceed 5 inches (12.7 cm) when 
measured from the top of the eye of the top hook to the inner base of 
the lower hook, and both hooks must be permanently tied in place (hard 
tied). When using a single hook, the hook must be no less than \3/4\ 
inch (1.9 cm) from the hook point to the shank. See ``exceptions'' 
below.
    2. Beginning September 2 (and continuing into 1998).--No more than 
two hooks may be used per line. All hooks must be barbless ``circle'' 
hooks. A circle hook is defined as a hook with a generally circular 
shape, and a point that turns inward to the shank at approximately a 90 
degree angle. See ``exceptions'' below. At the November 1997 Council 
meeting, these special gear restrictions will be reviewed and may be 
modified.
    Exceptions.--Hook size and hook type restrictions do not apply when 
artificial lures are used except that hooks must be barbless. 
Artificial lures include, but are not limited to, any lure constructed 
with a lead head, metal bars or spoons designed to attract fish. 
Artificial lures do not include ``J'' hooks with only beads, yarn, 
feathers and bait attached, including scented and flavored artificial 
baits.
    From Pigeon Point, CA, to the U.S.-Mexico border, the recreational 
fishery, which opened on March 15, will continue through October 19 
with a two-fish daily bag limit.
    From Point Arena to Pigeon Point, CA, the recreational fishery, 
which opened on March 29, will continue through November 2 with a two-
fish daily bag limit. Between Point Reyes and Pigeon Point, CA, from 
July 1 through September 1, the daily bag limit will be the first two 
fish (no size limit) and the special gear restrictions do not apply.
    From Horse Mountain to Point Arena, CA, the recreational fishery, 
which opened on February 15 (the nearest Saturday to February 15), will 
continue through July 6 then reopen August 1 through November 16 (the 
nearest Sunday to November 15) with a two-fish daily bag limit for both 
seasons.
    From Humbug Mountain, OR, to Horse Mountain, CA, the recreational 
fishery will open May 24 through May 30, then reopen June 17 through 
July 6 and August 12 through September 14. All seasons include a one-
fish daily bag limit, but no more than four fish in 7 consecutive days, 
and closure of the Klamath Control Zone.
    From Cape Falcon to Humbug Mountain, OR, the recreational fishery, 
which opened April 15, will continue through July 6, then reopen August 
1 through October 31. Both seasons include a two-fish daily bag limit, 
but no more than six fish in 7 consecutive days. Legal gear is limited 
to artificial lures, plugs, or bait no less than 6 inches (15.2 cm) 
long (excluding hooks and swivels) with no more than two single point, 
single shank barbless hooks; divers are prohibited; flashers are 
prohibited until May 1 and then may only be used with downriggers.

B. North of Cape Falcon

    From the U.S.-Canada border to Cape Falcon, ocean fisheries are 
managed to protect depressed lower Columbia River fall chinook salmon 
and Washington coastal and Puget Sound natural coho salmon stocks and 
to meet ESA requirements for Snake River fall chinook salmon. Ocean 
treaty and non-treaty harvests and management measures were based in 
part on negotiations between Washington State fishery managers, 
commercial and recreational fishing 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. Washington, U.S. v. Oregon, and Hoh 
Indian Tribe v. Baldrige.
    Retention of chinook salmon in non-treaty fisheries north of Cape 
Falcon is allowed for the first time since 1993. All non-treaty 
commercial troll and recreational ocean fisheries will be limited by 
either an overall 16,700 chinook quota, or impacts on critical 
Washington coastal and Puget Sound natural stocks equivalent to the 
preseason coho quota of 35,000. A

[[Page 24360]]

preseason trade was made of 8,800 coho from the commercial troll 
fishery to the recreational fishery for 3,200 chinook.

Commercial Troll Fisheries

    The commercial troll fishery for all salmon except coho will open 
between the U.S.-Canada border and Cape Falcon, OR, on May 1 and 
continue through June 15 or attainment of the 11,500 chinook quota.

Recreational Fisheries

    Recreational 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 open July 21 and 
continue through the earlier of September 25 or attainment of the 
respective subarea quota. The recreational fisheries will be limited by 
overall catch quotas of 5,200 chinook and 35,000 coho. Chinook 
guidelines for the three subareas between Cape Alava, WA, and Cape 
Falcon, OR, will provide a basis for inseason management measures to 
restrain chinook harvest but will not serve as quotas. The coho 
allocated to the subarea between the U.S.-Canada border and Cape Alava, 
WA, is being utilized for hook-and-release mortality associated with 
the all-salmon-except-coho fishery.
    From Leadbetter Point, WA, to Cape Falcon, OR, the fishery will be 
for all salmon with a 17,500 coho subarea quota, open Sunday through 
Thursday only, with a two-fish daily bag limit, but no more than four 
fish in 7 consecutive days, closed 0-3 miles (4.8 km) of shore north of 
the Columbia Control Zone, and closed in the Columbia Control Zone.
    From the Queets River to Leadbetter Point, WA, the fishery will be 
for all salmon with a 14,000-coho subarea quota, open Sunday through 
Thursday only, with a two-fish daily bag limit, but no more than four 
fish in 7 consecutive days, and closed 0-3 miles (4.8 km) of shore.
    From Cape Alava to the Queets River, WA, the fishery will be for 
all salmon with a 800-coho subarea quota, open 7 days per week with a 
two-fish daily bag limit.
    From the U.S.-Canada border to Cape Alava, WA, the fishery will be 
for all salmon except coho with a 550-chinook subarea quota, open seven 
days per week with a two-fish daily bag limit.

Treaty Indian Fisheries

    Ocean salmon management measures proposed by the treaty Indian 
tribes are part of a comprehensive package of treaty Indian and non-
treaty 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 15,000 chinook and 12,500 coho. The all-salmon-
except-coho seasons open May 1 and extend through June 30 if the 
overall harvest guideline of 7,500 chinook is not reached. The all-
salmon seasons open August 1 and extend through the earliest of 
September 15 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.

1998 Fisheries

    The timing of the March and April Council meetings makes it 
impracticable for the Council to recommend fishing seasons that begin 
before May 1 of the same year. Therefore, 1998 fishing season openings 
earlier than May 1 also are established in this notification. The 
Council recommended, and NMFS concurs, that the following seasons will 
open off California in 1998. From Point Lopez to Point Mugu, a 
commercial fishery for all salmon except coho will open April 15 and 
continue through the earlier of April 28 or attainment of the 10,000 
chinook quota; all fish must be landed within the area. This fishery is 
intended to evaluate the relative contribution rates of Central Valley, 
Klamath, and southern Oregon chinook stocks to catches off southern 
California. The following recreational seasons have two-fish daily bag 
limits, a minimum size limit of 24 inches (61.0 cm) total length for 
chinook salmon, and the same special gear restrictions as in 1997 
between Horse Mountain and Point Conception when fishing with bait and 
any combination of weights measuring 1 lb or less: (1) From Pigeon 
Point to the U.S.-Mexico border, a recreational fishery for all salmon 
except coho will open March 14; (2) from Point Arena to Pigeon Point, a 
recreational fishery for all salmon except coho will open March 28; and 
(3) from Horse Mountain to Point Arena, a recreational fishery for all 
salmon except coho will open February 14.
    At its March 1998 meeting, the Council will consider inseason 
recommendations to open commercial and recreational seasons for all 
salmon except coho in areas off Oregon prior to May 1; to modify the 
quota or landing limits in the commercial fishery between Point Lopez 
and Point Mugu, CA; and to open a commercial season for all salmon 
except coho, under a quota, between Point San Pedro and Point Sur, CA, 
prior to May 1.
    The following tables and text are the management measures 
recommended by the Council and approved by NMFS for 1997 and, as 
specified, for 1998:

Table 1. Commercial Management Measures for 1997 Ocean Salmon 
Fisheries

    Note: This table contains important restrictions in parts A, B, 
C, and D which must be followed for lawful participation in the 
fishery.

A. Season Description

North of Cape Falcon

U.S.-Canada Border to Cape Falcon

    May 1 through earlier of June 15 or 11,500 chinook quota. All 
salmon except coho. Following any closure of this fishery, vessels must 
land and deliver the fish within 48 hours of the closure. The State of 
Oregon may require vessels landing fish from this fishery to the area 
south of Cape Falcon to notify the Newport office of the Oregon 
Department of Fish and Wildlife between 8 a.m. and 5 p.m. on the day of 
landing, or the following weekday if such landing occurs on a weekend 
or outside office hours. The notification shall include the name of the 
vessel, port where delivery will be made and the number of chinook 
landed.
South of Cape Falcon

Cape Falcon to Cape Arago

    April 15 through June 27, August 1 through August 31, and September 
4 through October 31. All salmon except coho. See gear restriction 
(C.3.a.).

Cape Arago to Oregon-California Border

    April 15 through earlier of May 31 or 5,300 chinook quota. All 
salmon except

[[Page 24361]]

coho. If sufficient quota remains after May 31, the fishery will reopen 
only between Cape Arago and Humbug Mountain from June 1 through the 
earlier of June 30 or the remaining chinook quota. See gear restriction 
(C.3.a.)

Cape Arago to Humbug Mountain

    August 1 through earlier of August 31 or 8,800 chinook quota, and 
September 1 through earlier of October 31 or 10,000 chinook quota. All 
salmon except coho. See gear restriction (C.3.a.).

Sisters Rocks to Mack Arch

    August 1 through earlier of August 31 or 3,000 chinook quota. All 
salmon except coho. Season to follow a cycle of 2 days open/2 days 
closed (August 1-2; 5-6; 9-10; 13-14; 17-18; 21-22; 25-26; 29-30) and 
may be modified inseason. Open only 0 to 4 nautical miles (7.4 km) of 
shore. All salmon must be landed and delivered to Gold Beach, Port 
Orford or Brookings within 24 hours of each closure. See gear 
restriction (C.3.a.).

Oregon-California Border to Humboldt South Jetty

    September 1 through earlier of September 30 or 6,000 chinook quota. 
All salmon except coho. Landing limit of no more than 30 fish per day. 
All fish caught in this subarea must be landed within the subarea. 
Klamath Control Zone closed (C.7.). See gear restriction (C.3.b.).

Horse Mountain to Point Arena

    September 1 through September 30. All salmon except coho. See gear 
restriction (C.3.b.).

Point Arena to Point Reyes

    July 16 through September 30. All salmon except coho. See gear 
restriction (C.3.b.).

Point Reyes to Point San Pedro

    July 1 through September 30. All salmon except coho. See gear 
restriction (C.3.b.).

Point San Pedro to U.S.-Mexico Border

    May 1 through May 31, June 23 through July 18, and September 1 
through September 30. All salmon except coho. See gear restriction 
(C.3.b.).

Point Lopez to Point Mugu

    April 15 through April 28, closed April 22 upon attainment of the 
10,000 chinook quota. All salmon except coho. All fish must be landed 
within the area. See gear restriction (C.3.b.).

Point Lopez to Point Mugu in 1998

    April 15 through earlier of April 28 or 10,000 chinook quota. All 
salmon except coho. All fish must be landed within the area. See gear 
restriction (C.3.b.). In 1998, same restrictions as prescribed in this 
Table 1, or as modified by inseason action at the March 1998 Council 
meeting.

B. Minimum Size Limits (Inches)

----------------------------------------------------------------------------------------------------------------
                                            Chinook                              Coho                           
      Area (when open)       ------------------------------------------------------------------------    Pink   
                                Total length        Head-off        Total length        Head-off                
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon........              28.0              21.5                --                --  None.     
Cape Falcon to Oregon-                   *26.0             *19.5                --                --  None.     
 California Border.                                                                                             
South of Oregon-California                26.0              19.5                --                --  None.     
 Border.                                                                                                        
----------------------------------------------------------------------------------------------------------------
* Chinook between 26 inches (19.5 inches head-off) and 28 inches (21.5 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: 28.0 inches=71.1 cm, 26.0 inches=66.0 cm, 21.5 inches=54.6 cm, 19.5           
  inches=49.5 cm.                                                                                               

C. Special Requirements, Definitions, Restrictions, or Exceptions

C.1. Hooks--Single point, single shank barbless hooks are required.
C.2. Spread--A single leader connected to an individual lure or bait.
C.3. Line, Spread and Gear Restrictions:
    a. Off Oregon, no more than 4 spreads are allowed per line.
    b. Off California, no more than 6 lines are allowed per vessel.
C.4. Compliance with Minimum Size or Other Special Restrictions--All 
salmon on board a vessel must meet the minimum size or other special 
requirements for the area being fished and the area in which they are 
landed if that area is open. Salmon may be landed in an area that is 
closed only if they meet the minimum size or other special requirements 
for the area in which they were caught.
C.5. Transit Through Closed Areas with Salmon on Board--It is unlawful 
for a vessel to have troll gear in the water while transiting any area 
closed to salmon fishing while possessing salmon.
C.6. Notification When Unsafe Conditions Prevent Compliance with 
Regulations--A vessel is exempt from meeting the landing requirements 
for the season north of Cape Falcon if it is prevented by unsafe 
weather conditions or mechanical problems from meeting landing 
restrictions, and it complies with the State of Washington requirement 
to notify the U.S. Coast Guard and receives acknowledgment 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.
C.7. Klamath Control Zone--The ocean area at the Klamath River mouth 
bounded on the north by 41 deg.38'48'' N. lat. (approximately 6 
nautical miles [11.1 km] north of the Klamath River mouth), on the west 
by 124 deg.23'00'' W. long. (approximately 12 nautical miles [22.2 km] 
of shore), and on the south by 41 deg.26'48'' N. lat. (approximately 6 
nautical miles [11.1 km] south of the Klamath River mouth).
C.8. Inseason Management--In addition to standard inseason actions or 
inseason modifications already noted under the season description, the 
following inseason guidance is provided to NMFS: Transfers of 5,000 
fish or less between subarea quotas north of Cape Falcon shall be done 
on a fish-for-fish basis; At the March 1998 meeting, the Council will 
consider inseason recommendations to: (1) open commercial seasons for 
all salmon except coho prior to May 1 in areas off Oregon, (2) modify 
the quota or landing limits (based on the results of the 1997 fishery) 
for the trial season off California between Point Lopez and Point Mugu, 
and (3) open an all-salmon-except-coho fishery, under a quota, between 
Point San Pedro and Point Sur prior to May 1.

[[Page 24362]]

C.9. Incidental Halibut Harvest--The operator of a vessel that has been 
issued an incidental halibut harvest license by the International 
Pacific Halibut Commission (IPHC) may retain Pacific halibut caught 
incidentally in Area 2A, during authorized periods, while trolling for 
salmon. License applications for incidental harvest must be obtained 
from the IPHC (phone 206-634-1838). Applicants must apply prior to 
April 1 of each year. Incidental harvest is authorized only during May 
and June troll seasons and after July 31 if quota remains. A salmon 
troller may participate in this fishery or in the directed commercial 
fishery targeting halibut, but not in both. The following landing 
restrictions govern the incidental harvest: License holders may land no 
more than 1 halibut per each 10 chinook, except 1 halibut may be landed 
without meeting the ratio requirement, and no more than 20 halibut may 
be landed per trip. Halibut retained must meet the minimum size limit 
of 32 inches (81.3 cm). The Oregon Department of Fish and Wildlife and 
the Washington Department of Fish and Wildlife will monitor landings 
and if they are projected to exceed the 21,635 pound (9.8 mt) preseason 
allocation or the Area 2A non-Indian commercial total allowable catch 
of halibut, NMFS will take inseason action to close the incidental 
halibut fishery through a notice published in the Federal Register.
C.10. Consistent with Council management objectives, the State of 
Oregon may establish additional late-season, chinook-only fisheries in 
state waters.
C.11. For the purposes of California Department of 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.

D. Quotas

D.1. North of Cape Falcon--All non-treaty troll and recreational ocean 
fisheries will be limited by overall quotas of either 16,700 chinook 
and 35,000 coho. Preseason species trade of 8,800 coho to the 
recreational fishery for 3,200 chinook to the commercial fishery. 
Therefore, the troll fishery will be limited by overall catch quotas of 
11,500 chinook and 0 coho.
D.2. Cape Arago to Oregon-California Border--The troll fishery will be 
limited by a catch quota of 5,300 chinook. Any chinook quota remaining 
on June 1 is restricted to the area between Cape Arago and Humbug 
Mountain.
D.3. Cape Arago to Humbug Mountain--The troll fishery in August will be 
limited by a catch quota of 8,800 chinook; the troll fishery in 
September and October will be limited by a catch quota of 10,000 
chinook.
D.4. Sisters Rocks to Mack Arch--The troll fishery will be limited by a 
catch quota of 3,000 chinook.
D.5. Oregon-California Border to Humboldt South Jetty--The troll 
fishery will be limited by a catch quota of 6,000 chinook.
D.6. Point Lopez to Point Mugu--The troll fishery in April 1997 was 
limited by a catch quota of 10,000 chinook. The troll fishery in April 
1998 will be limited by a catch quota of 10,000 chinook.

Table 2. Recreational management measures for 1997 ocean salmon 
fisheries

    Note: This table contains important restrictions in parts A, B, 
C, and D which must be followed for lawful participation in the 
fishery.

A. Season Description

North of Cape Falcon

U.S.-Canada Border to Cape Alava

    July 21 through earlier of September 25 or 550 chinook subarea 
quota. All salmon except coho. Open 7 days per week. 2 fish per day. 
Inseason management (C.8.) may be used to sustain season length.

Cape Alava to Queets River

    July 21 through earlier of September 25 or 800 coho subarea quota. 
All salmon. Open 7 days per week. 2 fish per day. Inseason management 
(C.8.) may be used to sustain season length and keep harvest within a 
guideline of 150 chinook.

Queets River to Leadbetter Point

    July 21 through earlier of September 25 or 14,000 coho subarea 
quota. All salmon. Open Sunday through Thursday only. 2 fish per day. 
No more than 4 fish in 7 consecutive days. Closed 0 to 3 miles (4.8 km) 
of shore. Inseason management (C.8.) may be used to sustain season 
length and keep harvest within a guideline of 3,000 chinook.

Leadbetter Point to Cape Falcon

    July 21 through earlier of September 25 or 17,500 coho subarea 
quota. All salmon. Open Sunday through Thursday only. 2 fish per day. 
No more than 4 fish in 7 consecutive days. Closed 0 to 3 miles (4.8 km) 
of shore north of the Columbia Control Zone and closed within the 
Columbia Control Zone (C.5.). Inseason management (C.8.) may be used to 
sustain season length and keep harvest within a guideline of 1,500 
chinook.
South of Cape Falcon

Cape Falcon to Humbug Mountain

    April 15 through July 6, and August 1 through October 31. All 
salmon except coho. 2 fish per day. No more than 6 fish in 7 
consecutive days. Legal gear limited to: artificial lures, plugs or 
bait no less than 6 inches (15.2 cm) long (excluding hooks and swivels) 
with no more than 2 single point, single shank barbless hooks; divers 
are prohibited; flashers are prohibited until May 1 and then may only 
be used with downriggers.
    In 1998, the season does not open until May 1, or another date 
specified in the 1998 management measures, unless it is opened by 
inseason management (C.8.).

[[Page 24363]]

Humbug Mountain to Horse Mountain

    May 24 through May 30, June 17 through July 6, and August 12 
through September 14. All salmon except coho. 1 fish per day. No more 
than 4 fish in 7 consecutive days. Klamath Control Zone closed (C.6.). 
See rod restriction (C.2.).

Horse Mountain to Point Arena

    February 15 (nearest Saturday to February 15) through July 6, and 
August 1 through November 16 (nearest Sunday to November 15). All 
salmon except coho. 2 fish per day. Chinook minimum size limit of 24 
inches. See rod and special gear restrictions (C.2. and C.3.).
    In 1998, the season will open February 14 (nearest Saturday to 
February 15) through April 30 for all salmon except coho; 2 fish per 
day; chinook minimum size limit of 24 inches; see rod and special gear 
restrictions (C.2. and C.3.).

Point Arena to Pigeon Point

    March 29 through November 2. All salmon except coho. 2 fish per 
day. Chinook minimum size limit of 24 inches. See rod and special gear 
restrictions (C.2. and C.3.). Between Point Reyes and Pigeon Point, 
from July 1 through September 1, the daily bag limit will be the first 
2 fish, you may not release any salmon except coho; no size limits 
apply; special gear restriction (C.3.) does not apply.
    In 1998, the season will open March 28 through April 30 for all 
salmon except coho; 2 fish per day; chinook minimum size limit of 24 
inches; see rod and special gear restrictions (C.2. and C.3.). The 
Sacramento Control Zone (C.7.) will be closed from March 28 through 
March 31.

Pigeon Point to U.S.-Mexico Border

    March 15 through October 19. All salmon except coho. 2 fish per 
day. Chinook minimum size limit of 24 inches. See rod and special gear 
restrictions (C.2. and C.3.).
    In 1998, the season will open March 14 (nearest Saturday to March 
15) through April 30 for all salmon except coho; 2 fish per day; 
chinook minimum size limit of 24 inches; see rod and special gear 
restrictions (C.2. and C.3.).

B. Minimum Size Limits (Total length in inches)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                Area (when open)                      Chinook          Coho                                       Pink                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
North of Cape Falcon...........................              24.0         16.0  None.                                                                   
Cape Falcon to Horse Mountain..................              20.0           --  None, except 20.0 off California.                                       
South of Horse Mountain*.......................             *24.0           --  20.0.                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Except July 1 through September 1 from Point Reyes to Pigeon Point--no minimum size limit (i.e., first 2 fish).                                        
                                                                                                                                                        
 Metric equivalents for chinook: 24.0 inches=61.0 cm, 20.0 inches=50.8 cm.                                                                              
Metric equivalents for coho: 16.0 inches=40.6 cm.                                                                                                       
Metric equivalents for pink: 20.0 inches=50.8 cm.                                                                                                       

C. Special Requirements, Definitions, Restrictions, or Exceptions

C.1. Hooks--Single point, single shank barbless hooks are required for 
all fishing gear north of Point Conception, California (34 deg.27'00'' 
N. lat.).
C.2. Restriction on Number of Fishing Rods Off California North of 
Point Conception--No person fishing for salmon, and no person fishing 
from a boat with salmon on board, may use more than one rod and line.
C.3. Special Gear Restrictions Between Horse Mountain and Point 
Conception, California, When Fishing With Bait and Any Combination of 
Weights Measuring 1 Pound (454 gm) or Less:
    From May 1 through September 1--You may not fish with more than 2 
barbless hooks per line and the following additional restrictions 
apply: When using 2 barbless hooks, the terminal (lower) hook must be 
no less than \3/4\ inch (1.9 cm) when measured from the hook point to 
the shank and the upper hook no less than \5/8\ inch (1.6 cm) when 
measured from the hook point to the shank; the distance between the 2 
hooks must not exceed 5 inches (12.7 cm) when measured from the top of 
the eye of the top hook to the inner base of the lower hook, and both 
hooks must be permanently tied in place (hard tied). When using a 
single hook, the hook must be no less than \3/4\ inch (1.9 cm) when 
measured from the hook point to the shank. See ``exceptions'' below.
    Beginning September 2 (and continuing in 1998)--You may not fish 
with more than 2 hooks per line. All hooks must be barbless ``circle'' 
hooks. A circle hook is defined as a hook with a generally circular 
shape, and a point that turns inward to the shank at approximately a 90 
degree angle. See ``exceptions'' below. Note: At the November 1997 
Council meeting, these special gear restrictions will be reviewed and 
may be modified.
    Exceptions: Hook size and hook type restrictions do not apply when 
artificial lures are used except that hooks must be barbless. 
Artificial lures include, but are not limited to, any lure constructed 
with a lead head, metal bars or spoons designed to attract fish. 
Artificial lures do not include ``J'' hooks with only beads, yarn, 
feathers and bait attached, including scented and flavored artificial 
baits.
C.4. Compliance with Minimum Size or Other Special Restrictions--All 
salmon on board a vessel must meet the minimum size or other special 
requirements for the area being fished and the area in which they are 
landed if that area is open. Salmon may be landed in an area that is 
closed only if they meet the minimum size or other special requirements 
for the area in which they were caught.
C.5. Columbia Control Zone--The ocean area at 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. lat. to 124 deg.13'18'' W. 
long., then southerly to 46 deg.13'24'' N. lat. and 124 deg.11'00'' W. 
long. (green, Columbia River Entrance Lighted Bell Buoy #1), then 
southerly

[[Page 24364]]

to 46 deg.11'06'' N. lat. and 124 deg.11'00'' W. long. (red, Columbia 
River Approach Lighted Whistle Buoy), then northeast along red buoy 
line to the tip of the south jetty.
C.6. Klamath Control Zone--The ocean area at the Klamath River mouth 
bounded on the north by 41 deg.38'48'' N. lat. (approximately 6 
nautical miles [11.1 km] north of the Klamath River mouth), on the west 
by 124 deg.23'00'' W. long. (approximately 12 nautical miles [22.2 km] 
of shore), and on the south by 41 deg.26'48'' N. lat. (approximately 6 
nautical miles [11.1 km] south of the Klamath River mouth).
C.7. Sacramento Control Zone--The ocean area bounded by a line 
commencing at Bolinas Point (Marin County, 37 deg.54'17'' N. lat., 
122 deg.43'35'' W. long.) southerly to Duxbury Buoy (37 deg.51'37'' N. 
lat., 122 deg.41'43'' W. long.) to Channel Buoy 1 (37 deg.46'10'' N. 
lat., 122 deg.37'56'' W. long.) to Channel Buoy 2 (37 deg.45'48'' N. 
lat., 122 deg.37'44'' W. long.) to Point San Pedro (San Mateo County, 
37 deg.35'40'' N. lat., 122 deg.31'10'' W. long.) is closed from the 
opening of the season in 1998 through March 31.
C.8. Inseason Management--Regulatory modifications may become necessary 
inseason to meet preseason management objectives such as quotas, 
harvest guidelines, and season duration. Actions could include 
modifications to bag limits or days open to fishing, and extensions or 
reductions in areas open to fishing.
    The procedure for inseason coho transfer among recreational 
subareas north of Cape Falcon will be: 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.
    At the March 1998 meeting, the Council will consider an inseason 
recommendation to open seasons for all salmon except coho prior to May 
1 in areas off Oregon.
C.9. Additional Seasons in State Territorial Waters--Consistent with 
Council management objectives, the states of Washington and Oregon may 
establish limited seasons in state waters. Fisheries in Oregon state 
waters are limited to chinook salmon.

D. Quotas

D.1. North of Cape Falcon--All non-treaty troll and recreational ocean 
fisheries will be limited by overall quotas of either 16,700 chinook 
and 35,000 coho. Preseason species trade of 3,200 chinook to the 
commercial fishery for 8,800 coho to the recreational fishery. 
Therefore, the recreational fishery will be limited by overall catch 
quotas of 5,200 chinook and 35,000 coho. Note: The coho allocation for 
the subarea from the U.S.-Canada border to Cape Alava is 2,700 coho. 
This amount of fish is barely sufficient to allow for a 1-day fishery. 
Therefore, this coho allocation is being utilized as hook-and-release 
mortality to access the subarea quota of 550 chinook.

Table 3. Treaty Indian management measures for 1997 ocean salmon 
fisheries

    Note: This table contains important restrictions in parts A, B, 
and C which must be followed for lawful participation in the 
fishery.

A. Season Descriptions

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            Minimum size limit                          
                                                                                                                 (inches*)         Special restrictions 
      Tribe and area boundaries             Open seasons                     Salmon species              ------------------------         by area       
                                                                                                            Chinook      Coho                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
Makah--That portion of the Fishery    May 1 through earlier    All except coho..........................          24          --  Barbless hooks. No    
 Management Area (FMA) north of 48     of June 30 or overall   .........................................          24  ..........   more than 8 fixed    
 deg.02'15'' N. lat. (Norwegian        7,500 chinook           All......................................                      16   lines per boat or no 
 Memorial) and east of 125             guideline.                                                                                  more than 4 hand-held
 deg.44'00'' W. long..                August 1 through                                                                             lines per person.    
                                       earliest of September                                                                                            
                                       15 or chinook or coho                                                                                            
                                       quota.                                                                                                           
Quileute--That portion of the FMA     May 1 through earlier    All except coho..........................          24          --  Barbless hooks. No    
 between 48 deg.07'36'' N. lat.        of June 30 or overall   .........................................  ..........  ..........   more than 8 fixed    
 (Sand Point) and 47 deg.31'42'' N.    7,500 chinook           All......................................          24          16   lines per boat.      
 lat. (Queets River) east of 125       guideline.                                                                                                       
 deg.44'00'' W. long.                 August 1 through                                                                                                  
                                       earliest of September                                                                                            
                                       15 or chinook or coho                                                                                            
                                       quota.                                                                                                           
Hoh--That portion of the FMA between  May 1 through earlier    All except coho..........................          24          --  Barbless hooks. No    
 47 deg.54'18'' N. lat. (Quillayute    of June 30 or overall   .........................................  ..........  ..........   more than 8 fixed    
 River) and 47 deg.21'00'' N. lat.     7,500 chinook           All......................................          24          16   lines per boat.      
 (Quinault River) east of 125          guideline.                                                                                                       
 deg.44'00'' W. long.                 August 1 through                                                                                                  
                                       earliest of September                                                                                            
                                       15 or chonook or coho                                                                                            
                                       quota.                                                                                                           
Quinault--That portion of the FMA     May 1 through earlier    All except coho..........................          24          --  Barbless hooks. No    
 between 47 deg.40'06'' N. lat.        of June 30 or overall   .........................................  ..........  ..........   more than 8 fixed    
 (Destruction Island) and 46           7,500 chinook           All......................................          24          16   lines per boat.      
 deg.53'18'' N. lat. (Point            guideline.                                                                                                       
 Chehalis) east of 125 deg.44'00''    August 1 through                                                                                                  
 W. long.                              earliest of September                                                                                            
                                       15 or chinook or coho                                                                                            
                                       quota.                                                                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Metric equivalents: 24 inches=61.0 cm, 16 inches=40.6 cm.                                                                                             


[[Page 24365]]

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, in inches, 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. lat.) and the Hoh River (47 deg.45'12'' 
N. lat.) 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. lat.) 
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 15,000 chinook and 
12,500 coho. These quotas include troll catches by the S'Klallam and 
Makah tribes in Washington State Statistical Area 4B from May 1 through 
September 30. The all-salmon-except-coho fishery will be limited by an 
overall harvest guideline of 7,500 chinook. The remainder of the quota 
will be available for the all-salmon fishery beginning in August.

Halibut Retention

    In accordance with the Northern Pacific Halibut Act, regulations 
governing the Pacific halibut fishery were published in the Federal 
Register on March 18, 1997 (62 FR 12759), under 50 CFR part 300. 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 authorized periods, in conformance with provisions 
published with the annual salmon management measures. A salmon troller 
may participate in the incidental catch fishery during the salmon troll 
season or in the directed commercial fishery targeting halibut, but not 
both.
    The following measures have been approved. The operator of a vessel 
that has been issued an incidental halibut harvest license by the IPHC 
may retain Pacific halibut caught incidentally in Area 2A, during 
authorized periods, while trolling for salmon. Incidental harvest is 
authorized only during May and June troll seasons and after July 31 if 
halibut quota remains. License holders may land no more than 1 halibut 
per each 10 chinook, except 1 halibut may be landed without meeting the 
ratio requirement, and no more than 20 halibut may be landed per trip. 
Halibut retained must meet the minimum size limit of 32 inches (81.3 
cm). The Oregon Department of Fish and Wildlife and Washington 
Department of Fish and Wildlife will monitor landings and if they are 
projected to exceed the 21,635-pound (9.8-mt) preseason allocation or 
the Area 2A non-Indian commercial total allowable catch of halibut, 
NMFS will take inseason action to close the incidental halibut fishery. 
License applications for incidental harvest must be obtained from the 
IPHC. Applicants must apply prior to April 1 of each year.

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 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 lb (1.8 kg). While fishing 
off California north of Point Conception, no person fishing for salmon, 
and no person fishing from a boat with salmon on board, may use more 
than one rod and line.
    Fishing includes any activity that can reasonably be expected to 
result in the catching, taking, or harvesting of fish.

Geographical Landmarks

    Wherever the words ``nautical miles of shore'' are used in this 
rule, 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 Alava..........................  48 deg.10'00'' 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 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.            
Oregon-California Border............  42 deg.00'00'' N. lat.            
Humboldt South Jetty................  40 deg.45'53'' 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.            
Pigeon Point........................  37 deg.11'00'' N. lat.            
Point Lopez.........................  36 deg.01'15'' N. lat.            
Point Conception....................  34 deg.27'00'' N. lat.            
Point Mugu..........................  34 deg.05'12'' 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 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

[[Page 24366]]

Coast Guard broadcasts for current information for the area in which 
they are fishing.

Classification

    These management measures have been determined to be not 
significant for the purposes of E.O. 12866.
    The Pacific Fishery Management Council prepared an environmental 
assessment (EA) for the 1997 fisheries as governed by their recommended 
management measures (See ADDRESSES). Based on the EA, the Assistant 
Administrator found that fisheries to be conducted under the 1997 ocean 
salmon regulations would not significantly affect the quality of the 
human environment in ways that have not already been contemplated in 
the supplemental environmental impact statement for the framework 
amendment.
    Section 660.411 of title 50, Code of Federal Regulations, requires 
NMFS to publish an action implementing management measures for ocean 
salmon fisheries each year and, if time allows, invite public comment 
prior to the effective date. Section 660.411 further states that if, 
for good cause, an action must be filed without affording a prior 
opportunity for public comment, the measures will become effective; 
however, public comments on the action will be received for a period of 
15 days after filing of the action 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. The Council makes these 
documents available and distributes them to the public for review and 
comment. Two meetings of the Council follow, one each in March and 
April. These meetings are open to the public and public comment on the 
salmon management measures is encouraged. In 1997, the Council 
recommended management measures near the conclusion of its meeting on 
April 11, which resulted in a short time frame for implementation.
    In some areas, the season that started May 1 in 1996 is starting 
later than May 1 in 1997, the season starts on May 1 in 1997 where no 
season existed in 1996, or the season started before May 1 in 1997 and 
continuing regulations are required to prevent disruption of the 
fishery. A delay in implementation of the management measures would 
allow inappropriate openings or closures in some areas, thereby 
disregarding the needs of the various stocks and causing adverse 
impacts not contemplated in the design of the 1997 management measures. 
In light of the limited available time and the adverse effect of delay, 
it is contrary to the public interest to delay implementation of the 
management measures. Therefore, NMFS has determined that good cause 
exists to waive the requirements of 50 CFR 660.411 and 5 U.S.C. 553(b) 
for prior notice and opportunity for prior public comments. For the 
same reasons, NMFS has determined that good cause exists to waive the 
30-day delay in effectiveness required by 5 U.S.C. 553(d). For this 
action, NMFS is receiving public comments for 30 days from publication 
of the action.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    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 and early April that generated the management actions recommended 
by the Council and approved by NMFS. The Council invited written public 
comments between the March and April Council meetings. However, at the 
April meeting the Council directed the STT to implement changes to 
certain parameters of the Klamath Ocean Harvest Model that resulted in 
seasons substantially reduced from options developed at the March 
meeting. In addition, Snake River fall chinook base year data inputs to 
the Snake River Impact Model were corrected. Persons objecting to 
modifications in harvest models made at the April Council meeting may 
still submit comments to NMFS during the 30-day comment period provided 
herein (See DATES above). As a result of those comments, NMFS will 
determine if adjustments to the management measures are appropriate.
    On March 8, 1996, NMFS issued a biological opinion that considered 
the effects of the FMP on listed salmon species. On February 18, 1997, 
NMFS issued an addendum to the biological opinion. The biological 
opinion concluded that fisheries conducted under the FMP are likely to 
jeopardize the continued existence of Sacramento River winter chinook 
and Snake River fall chinook, but provided RPAs to avoid jeopardy. 
These management measures comply with the RPAs as well as the 
incidental take conditions contained in the biological opinion as 
amended. The biological opinion also concluded that fisheries conducted 
under the FMP are not likely to jeopardize the continued existence of 
Snake River wild sockeye salmon and Snake River wild spring and summer 
chinook. Since completion of the biological opinion, additional species 
have been listed including central California coast coho, southern 
Oregon/northern California coast coho, and Umpqua River searun 
cutthroat trout, and additional species are being considered for 
listing including a number of steelhead populations. These management 
measures comply with the guidance NMFS provided in a February 26, 1997, 
letter on harvest management criteria for these stocks.
    NMFS concluded in an April 30, 1997, supplemental biological 
opinion that incidental fishery impacts that occur in the ocean salmon 
fishery proposed for the period from May 1, 1997, through April 30, 
1998 (or until the effective date of the 1998 management measures), 
will not jeopardize the continued existence of central California coast 
coho, southern Oregon/northern California coast coho, Umpqua River 
searun cutthroat trout, or any of the populations of steelhead proposed 
for listing.

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

    Dated: April 30, 1997.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-11677 Filed 4-30-97; 2:55 pm]
BILLING CODE 3510-22-P