[Federal Register Volume 64, Number 67 (Thursday, April 8, 1999)]
[Rules and Regulations]
[Pages 17125-17126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8766]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 980429110-8110-01; I.D. 032499B]


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; Inseason Adjustments From Cape Falcon, OR, to 
Point Pitas, CA

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

ACTION: Inseason adjustments; request for comments.

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SUMMARY: NMFS announces that a commercial salmon test fishery for all 
salmon except coho in the areas from Point Pillar (37 deg.29'48'' N. 
lat.) to Point Pigeon (37 deg.10'54'' N. lat.) and from Point Piedras 
Blancas (35 deg.40'00'' N. lat.) to Point Pitas (34 deg.19'02'' N. 
lat.), CA, that was tentatively scheduled to open April 2, 1999, will 
open April 14, 1999, run 3 days open and 4 days closed, and continue 
through the earlier of April 28, 1999, or the attainment of chinook 
quotas of 3,000 and 5,000 respectively. NMFS also announces that the 
commercial and recreational fisheries for all salmon except coho, in 
the areas from Cape Falcon to Humbug Mountain, OR, will open April 1, 
1999, and continue through dates to be determined in the 1999 
management measures for 1999 ocean salmon fisheries in the exclusive 
economic zone (EEZ). This action is necessary to conform to the 1998 
announcement of management measures for 1999 salmon seasons opening 
earlier than May 1, 1999, and is intended to ensure conservation of 
chinook salmon.

DATES: Effective April 1, 1999, until the effective date of the 1999 
management measures, which will be published in the Federal Register 
for the west coast salmon fisheries. Comments will be accepted through 
April 22, 1999.

ADDRESSES: Comments may be mailed to William Stelle, Jr., Regional 
Administrator, Northwest Region, NMFS, NOAA, 7600 Sand Point Way NE., 
Bldg. 1, Seattle, WA 98115-0070; or William Hogarth, Regional 
Administrator, Southwest Region, NMFS, NOAA, 501 W. Ocean Blvd., Suite 
4200, Long Beach, CA 90802-4132. Information relevant to this document 
is available for public review during business hours at the Office of 
the Regional Administrator, Northwest Region, NMFS.

FOR FURTHER INFORMATION CONTACT: William Robinson, 206-526-6140, or 
Svein Fougner, 562-980-4030.

SUPPLEMENTARY INFORMATION: The 1999 April test fishery off southern 
California is a continuation of the test fishery initiated in April 
1997, and is intended to evaluate the contribution of Sacramento River 
winter chinook and Central Valley spring chinook to the commercial 
catch off Morro Bay and Santa Barbara during the month of April. 
Sacramento River winter chinook are listed under the Federal and 
California State endangered species acts and Central Valley spring 
chinook are listed under the state act and proposed under the Federal 
act.
    In the 1998 management measures for 1999 ocean salmon fisheries in 
the EEZ opening earlier than May 1, 1999 (63 FR 24973, May 6, 1998), 
NMFS announced that an experimental fishery would open between Point 
Sur and the U.S.-Mexican border for all salmon except coho, from April 
2, 1999, through the earlier of April 29, 1999, or achievement of a 
chinook quota. Details regarding the season, the areas, the chinook 
quota, and participating vessels would be determined through an 
inseason recommendation of the Pacific Fishery Management Council 
(Council) at the November 1998 meeting.
    At the November meeting, the Council decided to delay the final 
recommendation until its March meeting when there would be more 
information available about the status of the stocks in 1999. At the 
March 1999 meeting, the Council made its inseason recommendation to 
open the April test fishery in two locations: the area from Point 
Pillar to Point Pigeon and from Point Piedras Blancas to Point Pitas, 
CA. The Council also recommended adding an additional test area between 
Point Pillar and Point Pigeon to provide comparative data from the same 
year in a different area. In evaluating the effect of the test fishery 
to determine whether the overall impact of the proposed options for 
1999 ocean fisheries on Sacramento River winter chinook will achieve 
NMFS consultation standards under the Endangered Species Act, the 
Council considered the results of the 1997 April test fishery from 
Point Lopez to Point Mugu and substantially increased its estimates of 
the incidental take of winter chinook associated with the fishery 
relative to the estimate used in evaluating the 1997 April test 
fishery.
    The test fishery will be conducted from Point Pillar to Point 
Pigeon, for all salmon except coho, with a 3,000 chinook quota; from 
Point Piedras Blancas to Point Conception (34 deg.27'00'' N. lat.), for 
all salmon except coho, with a 2,500 chinook quota; and Point 
Conception to Point Pitas, for all salmon except coho, with a 2,500 
chinook quota. The subareas and subquotas between Point Piedras Blancas 
and Point Pitas are intended to ensure that samples are collected 
uniformly over the entire area. The season will open 0001 hours local 
time, April 14, 1999, and operate on a schedule of 3 days open and 4 
days closed, through the earlier of 2359 hours local time April 28, 
1999, or attainment of chinook

[[Page 17126]]

quotas. All fish must be landed within 24 hours of closure and there is 
a daily possession and landing limit of 30 fish/day. The fishery will 
be open April 14-16, will be closed April 17-20, will be reopened April 
21-23, will be closed April 24-27, and will be reopened April 28. The 
minimum size limit is 26 inches (66.0 cm) total length; all fish must 
be landed in the same area in which they were caught; all fish must be 
landed daily to ensure good tissue quality needed for genetic sampling; 
and all fish must be offloaded within 12 hours of reaching port and 
documented with a California Department of Fish and Game (CDFG) landing 
receipt (no transportation tickets). The southernmost boundary of the 
fishery is a line between Point Pitas and the eastern end of Anacapa 
Island (34 deg.00'56'' N. lat.); all other boundaries run due west of 
the referenced points to the outer limit of the EEZ. Landing limits and 
days open may be adjusted inseason to meet the requirements of data 
collection. If landing limits or open days are changed or the quota is 
attained in any area before April 28, 1999, the closure of the area and 
any other inseason action will be announced on the NMFS hot line and in 
a notice to mariners.
    In the 1998 annual management measures for ocean salmon fisheries 
(63 FR 24973, May 6, 1998), inseason management guidance was provided 
to NMFS such that the Council would consider at the March 1999 meeting 
a recommendation to open commercial and recreational seasons for all 
salmon except coho in areas off Oregon. Due to the timing of the March 
and April Council meetings, where the major 1999 salmon seasons are 
developed, such action would be necessary to implement the opening of 
these seasons prior to May 1, 1999. In the 1998 management measures for 
1999 ocean salmon fisheries, NMFS announced that the recreational 
fishery would not open until May 1, 1999, between Cape Falcon and 
Humbug Mountain, OR, for all salmon except coho, unless opened 
following an inseason recommendation of the Council at the March 1999 
meeting. In addition, the Council could also consider inseason 
modifications to open or modify commercial fisheries off Oregon, for 
all salmon except coho, prior to May 1, 1999.
    At the March 1999 meeting, the Council made its inseason 
recommendations to open the recreational and commercial fisheries, for 
all salmon except coho, from Cape Falcon to Humbug Mountain, OR, on 
April 1, 1999. The closing dates for both fisheries will be determined 
at the April 1999 meeting when the entire 1999 management measures for 
the 1999 ocean salmon fisheries are finalized.
    The recreational fishery for all salmon except coho, from Cape 
Falcon to Humbug Mountain, OR, opens on April 1, 1999. The daily 
possession limit is two fish per day, with no more than six fish 
retained in 7 consecutive days. The minimum size limit is 20 inches 
(50.8 cm). Allowed gear is artificial lures and plugs of any size, or 
bait no less than 6 inches (15.2 cm) long (excluding hooks and 
swivels). All gear must have no more than two single point, single 
shank barbless hooks. Divers are prohibited and flashers may only be 
used with downriggers. Oregon State regulations describe a closure at 
the mouth of Tillamook Bay.
    The commercial fishery for all salmon except coho, from Cape Falcon 
to Humbug Mountain, OR, opens on April 1, 1999. No more than four 
spreads are allowed per line. The minimum size limit is 26 inches (66.0 
cm) (19.5 in (49.5 cm) head-off). Chinook not less than 26 inches (66.0 
cm) (19.5 inches (49.5 cm) 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. Oregon state regulations describe a 
closure at the mouth of Tillamook Bay.
    The Regional Administrator consulted with representatives of the 
Council, Washington Department of Fish and Wildlife, Oregon Department 
of Fish and Wildlife, and the CDFG regarding these adjustments. The 
State of California will manage test commercial fisheries in state 
waters adjacent to these areas of the exclusive economic zone in 
accordance with this Federal action. As provided by the inseason notice 
procedures at 50 CFR 660.411, actual notice to fishermen of these 
actions will be given prior to 0001 hours local time, April 1, 1999, by 
telephone hotline number 206-526-6667 or 800-662-9825 and by U.S. Coast 
Guard Notice to Mariners broadcasts on Channel 16 VHF-FM and 2182 kHz.
    Because of the need for immediate action, NMFS has determined that 
good cause exists for this document to be issued without affording a 
prior opportunity for public comment. This document 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: April 2, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-8766 Filed 4-7-99; 8:45 am]
BILLING CODE 3510-22-F