[Federal Register Volume 65, Number 88 (Friday, May 5, 2000)]
[Rules and Regulations]
[Pages 26138-26147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11231]
[[Page 26138]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 000501119-0119-01; I.D. 042400J]
RIN 0648-AN81
Fisheries Off West Coast States and in the Western Pacific; West
Coast Salmon Fisheries; 2000 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 the 2000
and 2001 salmon seasons opening earlier than May 1, 2001. Specific
fishery management measures vary by fishery and by 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 (EEZ)
(3-200 nm) off Washington, Oregon, and California. The 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 also intended to allow a
portion of the salmon runs to escape the ocean fisheries in order to
provide for spawning escapement and for inside fisheries.
DATES: Effective from 0001 hours Pacific Daylight Time, May 2, 2000,
until the effective date of the 2001 management measures, as published
in the Federal Register. Comments must be received by May 22, 2000.
ADDRESSES: Comments on the management measures and the related
environmental assessment (EA) may be sent to William Stelle, Jr.,
Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115-0070, fax: 206-526-6376; or to Rodney R.
McInnis, Acting Regional Administrator, Southwest Region, NMFS, 501
West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, fax: 562-
980-4018.
Copies of the EA and other documents cited in this document are
available from Dr. Donald O. McIsaac, Executive Director, Pacific
Fishery Management Council, 2130 S.W. Fifth Ave., Suite 224, Portland,
OR 97201.
FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140,
or Svein Fougner at 562-980-4040.
SUPPLEMENTARY INFORMATION:
Background
The ocean salmon fisheries in the EEZ off Washington, Oregon, and
California are managed under a ``framework'' fishery management plan
entitled the Pacific Coast Salmon Plan (FMP). 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.
These management measures for the 2000 and pre-May 2001 ocean
salmon fisheries were recommended by the Pacific Fishery Management
Council (Council) at its April 3 to 7, 2000, meeting. Schedule Used to
Establish 2000 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 1999 Ocean
Salmon Fisheries,'' (REVIEW) summarizes biological and socio-economic
data for the 1999 ocean salmon fisheries and assesses how well the
Council's 1999 management objectives were met. The second report,
``Preseason Report I Stock Abundance Analysis for 2000 Ocean Salmon
Fisheries'' (PRE I), provides the 2000 salmon stock abundance
projections and analyzes the impacts on the stocks and Council
management goals if the 1999 regulations and regulatory procedures were
applied to the 2000 stock abundances.
The Council met from March 6 to 10, 2000, in Sacramento, CA, to
develop proposed management options for 2000. Three commercial and
three recreational fishery management options were proposed for
analysis and public comment. These options consisted of various
combinations of management measures designed to protect numerous weak
stocks of coho and chinook salmon and to provide for ocean harvests of
more abundant stocks. After the March Council meeting, the Council's
STT and staff economist prepared a third report, ``Preseason Report II
Analysis of Proposed Regulatory Options for 2000 Ocean Salmon
Fisheries,'' which analyzes the effects of the proposed 2000 management
options. This report also was made available to the Council, its
advisors, and the public.
Public hearings to receive public testimony on the proposed options
were held on March 27, 2000, in Westport, WA; North Bend, OR; and Santa
Rosa, CA; and, on March 28, 2000, in Tillamook, OR; Moss Landing, CA;
and Eureka, CA. The Council also received public testimony at both the
March and April meetings, and received written comments at the Council
office.
The Council met on April 3 to 7, 2000, in Portland, Oregon, to
adopt its final 2000 recommendations. Following the April Council
meeting, the Council's STT and staff economist prepared a fourth
report, ``Preseason Report III Analysis of Council-Adopted Management
Measures for 2000 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. After the Council took final action on
the annual ocean salmon specifications in April, it published the
recommended management measures in its newsletter.
Resource Status
Since 1989, NMFS has listed under the Endangered Species Act (ESA)
16 evolutionarily significant units (ESU) of salmon on the west coast.
As the listings have occurred, NMFS has initiated formal ESA section 7
consultations and issued biological opinions (BOs) that consider the
impacts to listed salmonid species, resulting from proposed
implementation of the FMP, or in some cases, from proposed
implementation of the annual management measures. Some of the BOs have
concluded that implementation of the FMP is not likely to jeopardize
the continued existence of certain listed ESUs. Other BOs have found
the FMP is likely to jeopardize certain listed ESUs and have identified
reasonable and prudent alternatives (ESA consultation standards) that
would avoid the likelihood of jeopardizing the continued existence of
the ESU under consideration. Since completion of the April 30, 1999,
supplement to the March 8, 1996, BO on the effect of ocean fisheries on
endangered and threatened salmon, NMFS has listed California Central
Valley spring chinook and California coastal chinook as threatened
under the ESA (64 FR 50394, September 16, 1999). In a March 7, 2000,
letter to the Council, NMFS provided the Council with ESA standards and
guidance for the management of stocks listed under the ESA in
anticipation of the BOs in preparation for the 2000 management season.
[[Page 26139]]
Estimates of the 1999 spawning escapements for key stocks managed
under the FMP and preseason estimates of 2000 ocean abundance are
provided in the Council's REVIEW and PRE I documents. The primary
resource and management concerns are for salmon stocks listed under the
ESA, Queets River coho, and Klamath River fall chinook.
Oregon coastal natural (OCN) coho are the largest naturally
produced component of the natural and hatchery coho stocks originating
from rivers south of Leadbetter Point, WA. OCN coho are managed as a
stock aggregate with four identified sub-stocks that include coho
produced from Oregon river and lake systems south of the Columbia
River. NMFS has listed three ESUs of coho under the ESA: central
California coastal, southern Oregon/northern California coastal, and
Oregon coastal. The three northern sub-stocks of OCN coho comprise the
Oregon coastal coho ESU. NMFS' ESA consultation standards require that
the three OCN northern sub-stocks be managed in accordance with
Amendment 13 to the FMP, which permits an exploitation rate of up to
15-percent under the current level of ocean survival. The southern sub-
stock is part of the southern Oregon/northern California coastal ESU
and must be managed in accordance with the requirements for that ESU.
The 2000 ocean abundance estimate for OCN is 55,900 coho, which is 8-
percent above the 1999 post-season estimate of 51,900 coho and twice
the post-season estimate of the 1997 parent brood (PRE I).
Central California coast coho and southern Oregon/northern
California coast coho are listed as threatened species under the ESA
(61 FR 56138, October 31, 1996, and 62 FR 24588, May 6, 1997). Coho
populations in California have not been monitored closely in the past,
and no forecasts of the ocean abundance of listed coho originating from
California are available; these runs have been generally at low
abundance levels for many years. NMFS' ESA consultation standards for
the southern Oregon/northern California coastal coho and Central
California coastal coho ESUs require that the ocean exploitation rate
on Rogue/Klamath hatchery coho be constrained to 13-percent or less,
and that the retention of coho in recreational and commercial fisheries
off California be prohibited.
Sacramento River winter chinook is listed as an endangered species
under the ESA (59 FR 440, January 4, 1994). NMFS' ESA consultation
standards require that all harvest-related impacts to the Sacramento
River winter chinook salmon population be reduced by a level that would
achieve at least a 31-percent increase in the age-3 spawner-to-spawner
replacement rate over a base period of 1989 through 1993. The 1999
spawning run size was estimated to be 885 adults, a 45-percent increase
over the estimated 1996 adult escapement, but short of the goal of
1,083 adults. Neither preseason nor postseason estimates of ocean
abundance are available for winter chinook; however, the run is
expected to remain depressed in 2000.
Columbia River fall chinook abundance estimates are made for
distinct fall chinook stock units. Lewis River wild chinook ocean
escapement is forecast at 3,500 adults, 106-percent of the 1999 run
size of 3,300 adults (PRE I). The forecast is 61-percent of the 5,700
spawning escapement goal. This decline and the expectation that Lewis
River will not meet the spawning escapement goal for wild chinook are
due to short term impacts from previous flooding events; therefore,
this decline should not be a long-term trend. Lower river hatchery
(Tules) fall chinook ocean escapement is forecast at 23,700 adults, a
record low return, 37-percent below the 1999 observed return of 37,400
adults (PRE I). This stock has declined sharply since the record high
return in 1987. Lower Columbia River fall chinook stocks normally
account for more than half the total catch in Council area fisheries
north of Cape Falcon, with lower river hatchery fall chinook being the
single largest contributing stock. The forecast return is 26-percent
below the current estimated ocean escapement of 32,000 adults needed to
meet brood stock requirements.
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 on fishery impacts is not available.
Fishery impacts on Snake River fall chinook are evaluated using the
Lyons Ferry Hatchery stock. The Lyons Ferry stock is widely distributed
and harvested by ocean fisheries from southern California to Alaska.
NMFS' ESA consultation standard requires that Council fisheries must be
managed to ensure that the exploitation rate of age-3 and age-4 adults
for the combined Southeast Alaska, Canadian, and Council fisheries is
30-percent less than that observed during the 1988-1993 base period
under the terms of the 1999 Pacific Salmon Treaty.
Klamath River fall chinook ocean abundance is projected to be
205,900 age-3 and age-4 fish at the beginning of the fishing season.
The abundance forecast is 95-percent above the 1999 preseason abundance
estimate and 25-percent above the average of postseason estimates for
1990-1999 (PRE I). The 1999 natural spawning escapement of 18,600
adults did not achieve the minimum escapement goal of 35,000 natural
spawners (fish that spawn outside hatcheries).
The Queets River coho has a conservation objective, or maximum
sustainable yield (MSY) goal, of 5,800 to 14,500 adult spawners.
However, under the Hoh v. Baldrige court decisions and under the FMP,
the State of Washington and the Coastal Indian treaty tribes may in any
year agree on a spawning escapement objective less than the MSY goal.
The State of Washington and the Quinault Nation have agreed to manage
the 2000 fisheries for an overall escapement of 3,200 and a wild
escapement of 2,500 coho. From 1997-99 the postseason estimates of
spawners have been 2,100, 5,500, and 5,300 respectively, all well under
the MSY goal. However, the wild component of the spawning escapement
has only missed the annual management goal agreed to by the State and
Tribes in one year, 1997.
The Council has adopted Amendment 14 to the FMP which revises the
overfishing provisions of the FMP to be consistent with the 1996
Sustainable Fisheries Act amendments to the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). However, the
Council has not yet submitted Amendment 14 to NMFS to begin Secretarial
review. Therefore, the overfishing provisions of the current FMP are
still in force. Under the current FMP, a stock is considered overfished
if it misses its annual management targets for 3 consecutive years. In
such case, the Council is required to prepare a detailed report
determining the causes for the failure to meet the annual goals and
take whatever actions are reasonable to rebuild the stock if harvest
controls can have a significant positive impact. Since the wild Queets
River coho escapement has fallen short of the annually agreed to goals
in only 1 of the last 3 years, Queets coho are not considered
overfished.
However, Amendment 14, if approved, would change the criteria for
determining when a Washington coastal stock is defined as overfished
from missing the annual agreed goal for 3 consecutive years to missing
the MSY escapement goal for 3 consecutive years. Under the new
definition, Queets River coho will be defined as overfished, and the
Council will have to prepare a rebuilding plan.
The potential designation of Queets coho as overfished under
Amendment
[[Page 26140]]
14 is controversial because the co-managers, WDFW and the Quinault
Indian Nation, have had yearly agreements to manage the yearly
escapement targets at less than 5,800 fish. They have indicated that
the use of these preseason agreed escapement goals is more reflective
of the current habitat conditions in the Queets River basin and that
the MSY range of 5,800-14,500 fish was derived when habitat conditions
supported a higher stock size, and may no longer be a true MSY goal.
Management Measures for 2000
The Council recommended allowable ocean harvest levels and
management measures for 2000 are designed to apportion the burden of
protecting the weak stocks identified and discussed in PRE I 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 the
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 has adopted them.
The dominant issues before the Council in developing final
management recommendations were achieving an acceptable ocean
exploitation rate on OCN and southern Oregon/northern California coho;
meeting NMFS' ESA consultation standard for Sacramento River winter
chinook; protection of depressed Puget Sound and Washington coastal
coho salmon; and the allocation of Klamath River fall chinook between
California and Oregon commercial fisheries.
Amendment 13 to the FMP, which was approved by NMFS in April 1999,
provides separate exploitation rate targets for four OCN sub-stocks
that depend on measures of prior escapement and ocean survival. NMFS'
ESA consultation standard requires that the three northern sub-stocks
be managed in accordance with Amendment 13, which permits an
exploitation rate of up to 15-percent under the currently estimated
level of ocean survival. However, NMFS provided guidance that the
Council should target a precautionary exploitation rate not higher than
8.73-percent, which was the 1999 preseason exploitation rate
projection. The guidance was based on concerns that: (1) The aggregate
OCN coho broods had not replaced themselves in the past 3 years; (2)
the actual OCN ocean abundance may fall short of the preseason forecast
if the current trend of the previous 3 years in overestimated forecasts
continues; and (3) the 1997 parent brood of OCN coho subject to harvest
in 2000 was the lowest recorded for the last 10 years at 27,800. The
Council's recommendations resulted in an 8.2-percent exploitation rate
for OCN coho (freshwater and marine) and a 6.0-percent marine
exploitation rate impact for Rogue/Klamath coho, which are the index
stocks for the southern Oregon/northern California coho stocks.
Retention of coho off California continues to be prohibited for the
sixth consecutive year.
The Council's recommended measures, which are expected to produce
an 8.2-percent OCN coho exploitation rate, are based on a revised
hooking mortality rate estimate of 14-percent in recreational
fisheries, including selective fisheries. The Council increased the
hooking mortality from 8 percent to 14 percent at its March 2000
meeting based on recommendations by the STT and Scientific and
Statistical Committee.
In 1999 the Council recommended and NMFS approved a selective
fishery for 15,000 coho off the Oregon coast, in which hatchery marked
coho with a healed adipose fin clip could be retained. The selective
fishery is controversial because of potential impacts on OCN coho. This
year the Council adopted a final recommendation for a 20,000 coho
selective fishery following consideration of an initial proposal for a
25,000 fish selective fishery, and later a proposal from Oregon for a
15,000 fish selective fishery. Oregon will again intensively monitor
this selective fishery to gain more information regarding impacts of
the selective fishery and to help in the shaping of future selective
fisheries. NMFS believes the modest selective fishery and planned
monitoring program are sufficiently precautionary.
This year, the Council's Salmon Advisory Subpanel was unable to
reach agreement on a recommendation to the Council regarding the
sharing of the Klamath River fall chinook harvest between the
commercial fisheries off Oregon and California. The Council voted on
the allocation, adopting a recommendation for a 57/43 allocation
between California and Oregon, respectively.
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.
North of Cape Falcon, Oregon, the 2000 management measures are more
restrictive than in 1999. The total allowable catch for 2000 is 25,000
chinook and 100,000 coho; these fisheries are restricted to protect
depressed Washington coastal, Puget Sound, and OCN coho. 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.
The new Columbia River Control Zone adopted in 1999 for the
recreational fisheries was extended to the commercial fisheries in
2000. The boundaries are defined in sections 1.C.4.a. and 2.C.3.a. of
the 2000 management measures. The Council adopted this change to avoid
the confusion of having two different boundaries for the these user
groups in this area. South of Cape Falcon, OR, the retention of coho is
prohibited for the sixth consecutive year, except for a recreational
selective fishery off Oregon in July with a 20,000 fish quota of marked
hatchery coho. Chinook fisheries are constrained primarily to meet the
Klamath River fall chinook natural spawner escapement floor and ESA
standards for Sacramento River winter chinook. These constraints also
limit impacts on threatened Snake River fall chinook, Central Valley
spring chinook, and California coastal chinook and reduce release
mortality on Oregon coastal coho, southern Oregon/northern California
coast coho, and central California coho. Size limit, gear, and seasonal
restrictions are intended to reduce harvest impacts on endangered
Sacramento River winter chinook.
The Council recommended a minimum size limit in the recreational
fishery of 24 in (61.0 cm) south of Horse Mountain through May 31, and
20 in (50.8 cm) thereafter, in conjunction with a 2 week delay in the
opening of the recreational seasons south of Point Arena to reduce
incidental ocean harvest of Sacramento River winter chinook and Central
Valley spring chinook. In order to minimize hooking
[[Page 26141]]
mortality, the Council recommended the continuation of gear
restrictions (circle hooks while mooching) for recreational fisheries
off California, and extension of the gear restrictions for mooching to
commercial fisheries.
The Council recommended for the third year a commercial troll test
fishery operating inside 6 nautical miles (nm) (11.1 km) from July 1
through July 15 between Fort Ross and Point Reyes under a 4,500-fish
quota. The test fishery is designed to assess the relative contribution
of Klamath River fall chinook to the catch of a near-shore commercial
fishery in the test area.
NMFS concluded that incidental fishery impacts that occur in the
ocean salmon fishery proposed for the period from May 1, 2000, through
April 30, 2001 (or until the effective date of the 2001 management
measures), will not jeopardize the continued existence of ESA listed
salmon.
Treaty Indian Fisheries
The treaty-Indian commercial troll fishery is expected to land its
quota of 25,500 chinook in ocean management areas and Area 4B combined.
The landings result from a chinook-directed fishery in May and June
(under a quota of 20,000 chinook) and the all-salmon season beginning
in August with a 5,500 chinook quota. The expected 2000 harvest would
be a reduction from the observed harvest in 1999. The coho quota and
projected catch for the treaty-Indian troll fishery in ocean management
areas, including Washington State Statistical Area 4B for the May-
September period is 20,000 coho, a significant decrease from 1999.
2001 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, the 2001 fishing seasons
opening earlier than May 1 are also established in this action. The
Council recommended and NMFS concurs that the recreational seasons from
Horse Mountain to the U.S. Mexico Border will open off California in
2001 as indicated in the season description section. In addition, at
the March 2000 meeting, the Council will consider inseason
recommendations to (1) Establish management measures for an all-salmon-
except-coho recreational and commercial fishery prior to May 1, in
areas off Oregon, and (2) recommend the areas, season, quota, and
special regulations for experimental fisheries in April (proposals must
meet Council protocol and be received in November 2000).
Inseason Actions
The following sections set out the management regime for the salmon
fishery. Open seasons and days are described in Sections 1, 2, and 3 of
the 2000 management measures. Inseason closures in the commercial and
recreational fisheries are announced on the NMFS hotline and through
the Coast Guard Notice to Mariners as described In Section 7. Other
inseason adjustments to management measures are also announced on the
hotline and through Notice to Mariners.
The following are the management measures recommended by the
Council and approved and implemented by NMFS for 2000 and, as
specified, for 2001.
Section 1. Commercial Management Measures for 2000 Ocean Salmon
Fisheries
Note: This section contains important restrictions in parts A,
B, and C 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 11,000 chinook guideline (see
C.7.a.). All salmon except coho. See gear restrictions in C.2. Columbia
Control Zone is closed (see C.4.a. for description of newly defined
area for 2000 which is identical to the recreational control zone).
[Inseason actions may modify harvest guidelines in later fisheries to
achieve or prevent exceeding the overall allowable troll harvest
impacts (C.7.)]
Queets River to Cape Falcon
Aug. 4 through earliest of Sept. 30 or the overall chinook quota
(preseason 1,500 chinook guideline; see C.7.a.) or a quota of 25,000
coho with healed adipose fin clips. All salmon. Cycle of 4 days open/3
days closed. See gear restrictions in C.2. Each vessel may possess,
land, and deliver no more than 50 chinook per open period. However, no
possession or landing restrictions will initially apply if the chinook
harvest guideline is at least 2,500 chinook as a result of the transfer
of uncaught harvest from the May/June fishery. Trip limits, gear
restrictions, and harvest guidelines may be instituted and adjusted
inseason. Vessels must land and deliver their fish within 24 hours of
any closure of this fishery within the area or in adjacent areas that
are closed to all commercial non-Indian salmon fishing. Columbia
Control Zone is closed (see C.4.a. for description of newly defined
area for 2000, which is identical to the recreational control zone).
South of Cape Falcon
Cape Falcon to Humbug Mt.
Apr. 1 through July 22; Aug. 1 through Aug. 29; and Sept. 1 through
Oct. 31. All salmon except coho. See gear restrictions in C.2. See
Oregon State regulations for a description of the closed area at the
mouth of Tillamook Bay.
Humbug Mt. to OR-CA Border
May 1 through May 31. All salmon except coho. See gear restrictions
in C.2.
Sisters Rocks to Oregon-California Border
Aug. 1 through earlier of Aug. 31 or 1,300 chinook quota. All
salmon except coho. Possession and landing limit of 30 fish per day.
See gear restrictions in C.2. All salmon must be landed and delivered
to Gold Beach, Port Orford or Brookings within 24 hours of closure.
House Rock, Oregon to Humboldt South Jetty
Sept. 1 through earlier of Sept. 30 or 7,000 chinook quota. All
salmon except coho. Possession and landing limit of 30 fish per day.
All fish caught in this area must be landed within the area. See gear
restrictions in C.2. Klamath Control Zone closed (C.4.). The 7,000
chinook quota includes a harvest guideline limiting landings at the
port of Brookings to no more than 1,000 chinook. If this guideline is
reached prior to the overall quota, the fishery will close north of the
Oregon-California border. When the fishery is closed north of the
Oregon-California border and open to the south, Oregon State
regulations provide for the following Vessels with fish on board caught
in the open area off California may seek temporary mooring in
Brookings, Oregon prior to landing in California only if such vessels
first notify the Chetco River Coast Guard Station via VHF channel 22A
between the hours of 0500 and 2200 and provide the vessel name, number
of fish on board, and estimated time of arrival.
Horse Mt. to Pt. Arena (Fort Bragg)
Sept. 1 through Sept. 30. All salmon except coho. Minimum size 26
in (66.0 cm). See gear restrictions in C.2.
Pt. Arena to Pt. Reyes (Bodega Bay)
July 18 through Sept. 30. All salmon except coho. Minimum size 27
in (68.6 cm). See gear restrictions in C.2.
[[Page 26142]]
Fort Ross to Pt. Reyes (test fishery inside 6 nm (11.1 km))
July 1 through earlier of July 15 or 4,500 chinook quota. All
salmon except coho. Fishery closed July 4. Minimum size 26 in (66.0 cm)
(to be consistent with 1998 and 1999 test fisheries). Open only inside
6 nm (11.1 km). Possession and landing limit of 30 fish per day. See
gear restrictions in C.2. All fish caught in this area must be landed
in Bodega Bay. Fish taken outside this area may not be landed at Bodega
Bay while this fishery is open.
Pt. Reyes to Pt. San Pedro
May 29 through Sept. 30. All-salmon-except-coho. Minimum size 26 in
(66.0 cm) through June 30 and 27 in (68.6 cm) thereafter. See gear
restrictions in C.2.
Pt. San Pedro to U.S.-Mexico Border
May 1 through Aug. 27. All salmon except coho. Minimum size 26 in
(66.0 cm) through June 30 and 27 in (68.6 cm) thereafter. See gear
restrictions in C.2.
B. Minimum Size
[Inches]
----------------------------------------------------------------------------------------------------------------
Chinook Coho
Area (when open) ---------------------------------------------------------------- Pink
Total length Head-off Total length Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon........... 28.0 21.5 16.0 12.0 None.
Cape Falcon to Pt. Arena....... a 26.0 a 19.5 .............. .............. None.
South of Pt. Arena prior to a 26.0 a 19.5 .............. .............. None.
July 1.
South of Pt. Arena after June a b 27.0 a b 20.25 .............. .............. None.
30.
----------------------------------------------------------------------------------------------------------------
a Chinook not less than 26 in (19.5 in 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.
b Except minimum size limit of 26 in total length in the Bodega Bay test fishery.
Metric equivalents: 28.0 in=71.1 cm, 27.0 in=68.6 cm, 26.0 in=66.0 cm, 21.5 in=54.6 cm, 20.25 in=51.4 cm, 19.5
in=49.5 cm, 16.0 in=40.6 cm, 12.0 in=30.5 cm
C. Special Requirements, Definitions, Restrictions, or Exceptions
C.1. 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.2. Gear Restrictions:
a. Single point, single shank barbless hooks are required in all
fisheries.
b. Off Oregon South of Cape Falcon: No more than 4 spreads are
allowed per line.
Spread defined: A single leader connected to an individual lure or
bait.
c. Off California: No more than 6 lines are allowed per vessel and
barbless circle hooks are required when fishing with bait by any means
other than trolling.
Circle hook defined: A hook with a generally circular shape and a
point which turns inward, pointing directly to the shank at a 90 deg.
angle.
Trolling defined: Fishing from a boat or floating device that is
making way by means of a source of power, other than drifting by means
of the prevailing water current or weather conditions, except when
landing fish.
C.3. 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.4. Control Zone Definitions (note modified description of
Columbia Control Zone for 2000):
a. Columbia Control Zone--An area at the Columbia River mouth,
bounded on the west by a line running northeast/ southwest between red
lighted Buoy #4 (46 deg.13'35" N. lat., 124 deg.06'50" W. long.) and
green lighted Buoy #7 (46 deg.15'09" N. lat., 124 deg.06'16" W. long.);
on the east, by the Buoy #10 line which bears north/south at 357 true
from the south jetty at 46 deg.14'00" N. lat., 124 deg.03'07" W. long.
to its intersection with the north jetty; on the north, by a line
running northeast/ northeast/southwest between green lighted Buoy #7 to
the tip of the north jetty (46 deg.14'48" N. lat., 124 deg.05'20" W.
long.), and then along north jetty to the point of intersection with
the Buoy #10 line; and, on the south, by a line running northeast/
southwest between red lighted Buoy #4 and the tip of the south jetty
(46 deg.14'03" N. lat., 124 deg.04'05" W. long.), and then along the
south jetty to the point of intersection with the Buoy #10 line.
b. Klamath Control Zone--The ocean area at the Klamath River mouth
bounded on the north by 41 deg.38'48" N. lat. (approximately 6 nm (11.1
km) north of the Klamath River mouth); on the west, by 124 deg.23'00"
W. long. (approximately 12 nm (22.2 km) off shore); and, on the south,
by 41 deg.26'48" N. lat. (approximately 6 nm (11.1 km) south of the
Klamath River mouth).
C.5. Notification When Unsafe Conditions Prevent Compliance with
Regulations: If prevented by unsafe weather conditions or mechanical
problems from meeting special management area landing restrictions,
vessels must notify the U.S. Coast Guard and receive acknowledgment of
such notification prior to leaving the area. 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. This stipulation will be implemented by state
regulations for California, Oregon and Washington.
C.6. Incidental Halibut Harvest: During authorized periods, the
operator of a vessel that has been issued an incidental halibut harvest
license may retain Pacific halibut caught incidentally in Area 2A while
trolling for salmon. License applications for incidental harvest must
be obtained from the International Pacific Halibut Commission (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 and if announced on the NMFS hotline
(phone 800-662-9825). ODFW and WDFW will monitor landings. If the
landings are projected to exceed the 23,490-lb (10.7-mt) preseason
allocation or the total Area 2A non-Indian commercial halibut
allocation, NMFS will take inseason action to close the incidental
halibut fishery. License holders may land no more than 1 halibut per
each 3 chinook, except 1 halibut may be landed without meeting the
ratio requirement, and no more than 35 halibut may be landed per trip.
Halibut retained must be no less than 32
[[Page 26143]]
in (81.3 cm) in total length (with head on).
C.7. Inseason Management: In addition to standard inseason actions
or modifications already noted under the season description, the
following inseason guidance is provided to NMFS:
a. In the overall non-Indian commercial chinook quota north of Cape
Falcon, 1,000 chinook in the May/June harvest guideline are the result
of impacts assessed at the July/August harvest impact rate. Inseason,
these 1,000 chinook (or remaining portion thereof) may be transferred
to the July/August harvest guideline at a one-to-one rate if not caught
in the May/June fishery. Any chinook remaining in the May/June harvest
guideline in excess of 1,000 may be transferred to the July/August
harvest guideline on a fishery impact equivalent basis.
b. At the March 2001 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, and (2) identify the areas,
season, quota, and special regulations for any experimental April
fisheries (proposals must meet Council protocol and be received in
November 2000).
C.8. Consistent with Council management objectives, the State of
Oregon may establish additional late-season, chinook-only fisheries in
state waters. Check state regulations for details.
C.9. For the purposes of CDFG Code, Section 8232.5, the definition
of the KMZ for the ocean salmon season shall be that area from Humbug
Mt., Oregon to Horse Mt., California.
Section 2. Recreational Management Measures for 2000 Ocean Salmon
Fisheries
Note:
This section contains important restrictions in parts A, B, and
C which must be followed for lawful participation in the fishery.
A. Season Description--North of Cape Falcon
U.S.-Canada Border to Cape Alava (Neah Bay Area)
July 3 through earlier of Sept. 30 (7 days per week) or subarea
quota of 6,900 marked coho. All salmon, see following note concerning
Area 4B. 2 fish per day, but only 1 chinook. All retained coho must
have a healed adipose fin clip. See gear restrictions in C.2. Inseason
management may be used to maintain season length and keep harvest
within a guideline of 500 chinook.
Note:
While ocean fishery is open in Area 4, no retention of chinook
is allowed in Area 4B.
Cape Alava to Queets River (La Push Area)
July 3 through earlier of Sept. 30 (7 days per week) or subarea
quota of 1,700 marked coho. All salmon. 2 fish per day, but only 1
chinook. All retained coho must have a healed adipose fin clip. See
gear restrictions in C.2. Inseason management may be used to maintain
season length and keep harvest within a guideline of 300 chinook.
Queets River to Leadbetter Pt. (Westport Area)
Sun. through Thurs. July 3 through earlier of Sept. 30 or subarea
quota of 28,900 marked coho. All salmon. 2 fish per day, but only 1
chinook. All retained coho must have a healed adipose fin clip. See
gear restrictions in C.2. Closed through Aug. 10 inside the area
defined by a line drawn from the Westport lighthouse (46 deg.53.3' N.
lat., 124 deg.07.01' W. long.) to Buoy #2 (46 deg.52.7' N. lat.,
124 deg.12.7' W. long.) to Buoy #3 (46 deg.55.0' N. lat., 124 deg.14.8'
W. long.) to the Grays Harbor north jetty (46 deg.55.6' N. lat.,
124 deg.10.85' W. long.). Inseason management may be used to maintain
season length and limit harvest within a guideline of 7,400 chinook.
Leadbetter Pt. to Cape Falcon (Columbia River Area)
Sun. through Thurs. July 10 through earlier of Sept. 30 or subarea
quota of 37,500 marked coho. All salmon. 2 fish per day, but only 1
chinook. All retained coho must have a healed adipose fin clip. See
gear restrictions in C.2. Coho retention is prohibited between
Tillamook Head and Cape Falcon beginning Aug. 1 (i.e., all salmon
except coho and a daily bag limit of 1 chinook). Closed in Columbia
Control Zone (C.3.). Inseason management may be used to maintain season
length and limit harvest within a guideline of 4,300 chinook.
South of Cape Falcon
Cape Falcon to Humbug Mt.
Except as provided below during the selective fishery, the season
will be Apr. 1 through Oct. 31. All salmon except coho, 2 fish per day.
No more than 6 fish in 7 consecutive days. See gear restrictions in
C.2. See Oregon State regulations for a description of a closure at the
mouth of Tillamook Bay.
Selective fishery for marked hatchery coho (healed adipose fin clip)
Sun., Tue., Wed., Thur., and Sat. of each week, July 1 through
earlier of July 31 or a landed catch of 20,000 marked coho. All salmon.
2 fish per day. All retained coho must have a healed adipose fin clip.
No more than 6 fish in 7 consecutive days. See gear restrictions C.2.
Open days may be adjusted to utilize the available quota.
Note:
On closed days during the selective fishery, no angling for any
species of salmon is allowed. The all-salmon-except-coho season
reopens the earlier of Aug. 1 or attainment of the coho quota.
Humbug Mt. to Horse Mt. (Klamath Management Zone)
May 27 through July 6, one fish per day; and July 29 through Sept.
10, two fish per day. All salmon except coho, no more than 4 fish in 7
consecutive days. See gear restrictions in C.2. Klamath Control Zone
(C.3.) closed during Aug.
Horse Mt. to Pt. Arena (Fort Bragg)
Feb. 12 through July 6 and July 22 through Nov. 12. All salmon
except coho, 2 fish per day. Minimum size 24 in (61.0 cm) through May
31 and 20 inc (50.8 cm) thereafter. See gear restrictions in C.2.
In 2001, season opens Feb. 17 (nearest Sat. to Feb. 15) for all
salmon except coho, 2 fish per day. Minimum size 24 in (61.0 cm) and
gear restrictions in C.2.
Pt. Arena to Pigeon Pt.
Apr. 15 through Nov. 5. All salmon except coho, 2 fish per day.
Minimum size 24 in (61.0 cm) through May 31 and 20 in (50.8 cm)
thereafter. See gear restrictions in C.2.
In 2001, the season will open Apr. 14 for all salmon except coho, 2
fish per day. Minimum size 24 in (61.0 cm) and gear restrictions in
C.2.
Pigeon Pt. to U.S.-Mexico Border
Apr. 1 through Oct. 1. All salmon except coho, 2 fish per day.
Minimum size 24 in (61.0 cm) through May 31 and 20 in (50.8 cm)
thereafter. North of Pt. Conception, see gear restrictions in C.2.
In 2001, the season will open March 31 for all salmon except coho,
2 fish per day. Minimum size 24 in (61.0 cm) and gear restrictions in
C.2.
[[Page 26144]]
B. Minimum Size
[Total Length in Inches]
----------------------------------------------------------------------------------------------------------------
Area (when open) Chinook Coho Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon....................... 24.0 16.0 None.
Cape Falcon to Horse Mt.................... 20.0 16.0 None, except 20.0 off.
South of Horse Mt*......................... 20.0* - 20.0.
----------------------------------------------------------------------------------------------------------------
* Except 24.0 inches prior to June 1.
Metric equivalents: 24.0 in=61.0 cm, 20.0 in=50.8 cm, 16.0 in=40.6 cm.
C. Special Requirements, Definitions, Restrictions, or Exceptions
C.1. Compliance with Minimum Size and Other Special Restrictions:
All salmon on board a vessel must meet the minimum size or other
special requirements for the area being fished. 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.2. Gear Restrictions: All persons fishing for salmon, and all
persons fishing from a boat with salmon on board must meet the gear
restrictions listed below for specific areas or seasons.
a. U.S.-Canada Border to Pt. Conception, California: No more than
one rod may be used per angler and single point, single shank barbless
hooks are required for all fishing gear. (Note: ODFW regulations in the
state-water fishery off Tillamook Bay may allow the use of barbed hooks
to be consistent with inside regulations.)
b. Off Oregon between Cape Falcon and Humbug Mt.: During the all-
salmon-except coho season, legal gear is limited to artificial lures
and plugs of any size, or bait no less than 6 in (15.2 cm) long
(excluding hooks and swivels). All gear must have no more than 2 single
point, single shank barbless hooks. Divers are prohibited and flashers
may be used only with downriggers. During the all-salmon, mark-
selective fishery, the legal gear limitations for this area are waived,
except anglers must use no more than 2 single point, single shank
barbless hooks.
c. Off California North of Pt. Conception: Anglers must use no more
than 2 single point, single shank barbless hooks.
d. Off California between Horse Mt. and Pt. Conception: Single
point, single shank, barbless circle hooks must be used if angling with
bait by any means other than trolling and no more than 2 such hooks
shall be used. When angling with 2 hooks, the distance between the
hooks must not exceed 5 in (12.7 cm) when measured from the top of the
eye of the top hook to the inner base of the curve of the lower hook,
and both hooks must be permanently tied in place (hard tied). Circle
hooks are not required when artificial lures are used without bait.
Circle hook defined: A hook with a generally circular shape and a
point which turns inward, pointing directly to the shank at a 90 deg.
angle.
Trolling defined: Angling from a boat or floating device that is
making way by means of a source of power, other than drifting by means
of the prevailing water current or weather conditions, except when
landing a fish.
C.3. Control Zone Definitions:
a. Columbia Control Zone--An area at the Columbia River mouth,
bounded on the west by a line running northeast/ southwest between red
lighted Buoy #4 (46 deg.13'35" N. Lat., 124 deg.06'50" W. long.) and
green lighted Buoy #7 (46 deg.15'09" N. lat., 124 deg.06'16" W. long.);
on the east, by the Buoy #10 line which bears north/south at 357 true
from the south jetty at 46 deg.14'00" N. lat.,124 deg.03'07" West.
long. to its intersection with the north jetty; on the north, by a line
running northeast /southwest between green lighted Buoy #7 to the tip
of the north jetty (46 deg.14'48" N. lat., 124 deg.05'20" W. long.) and
then along the north jetty to the point of intersection with the Buoy
#10 line; and, on the south, by a line running northeast/southwest
between red lighted Buoy #4 and tip of the south jetty (46 deg.14'03"
N. lat., 124 deg.04'05" W. long.), and then along the south jetty to
the point of intersection with the Buoy #10 line.
b. Klamath Control Zone--The ocean area at the Klamath River mouth
bounded on the north by 41 deg.38'48" N. lat. (approximately 6 nm (11.1
km) north of the Klamath River mouth); on the west, by 124 deg.23'00"
W. long. (approximately 12 nm (22.2 km) off 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.4. 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. NMFS may transfer coho inseason
among recreational subareas North of Cape Falcon to help meet the
recreational season duration objectives (for each subarea) after
conferring with representatives of the affected ports and the Salmon
Advisory Subpanel recreational representatives north of Cape Falcon. At
the March 2001 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.5. Additional Seasons in State Territorial Waters: Consistent
with Council management objectives, the states of Washington and Oregon
may establish limited seasons in state waters. Oregon state-water
fisheries are limited to chinook salmon. Check state regulations for
details.
Section 3. Treaty Indian Management Measures for 2000 Ocean Salmon
Fisheries
Note: This section contains important restrictions in parts A,
B, and C which must be followed for lawful participation in the
fishery.
[[Page 26145]]
A. Season Descriptions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum size
(inches)
Tribe and area boundaries Open seasons Salmon species -------------------- Special restrictions by area
Chinook Coho
--------------------------------------------------------------------------------------------------------------------------------------------------------
Makah--That portion of the Fishery May 1 through earlier of June All except coho.............. 24 ........ Barbless hooks. No more than
Management Area (FMA) north of 48 30 or chinook quota. All.......................... 24 16 8 fixed lines per boat or no
deg.02'15" N. lat. (Norwegian August 1 through earliest of more than 4 hand-held lines
Memorial) and east of 125 deg.44'00" September 15 or chinook or per person.
W. long. coho quota.
............................
Quileute--That portion of the FMA May 1 through earlier of June All except coho.............. 24 ........ Barbless hooks. No more than
between 48 deg.07'36" N. lat. (Sand 30 or chinook quota. All.......................... 24 16 8 fixed lines per boat.
Point) and 47 deg.31'42" N. lat. August 1 through earliest of
(Queets River) and east of 125 September 15 or chinook or
deg.44'00" W. long. coho quota.
Hoh--That portion of the FMA between May 1 through earlier of June All except coho.............. 24 ........ Barbless hooks. No more than
47 deg.54'18" N. lat. (Quillayute 30 or chinook quota. All.......................... 24 16 8 fixed lines per boat.
River) and 47 deg.21'00" N. lat. August 1 through earliest of
(Quinault River) and east of 125 September 15 or chinook or
deg.44'00" W. long. coho quota.
Quinault--That portion of the FMA May 1 through earlier of June All except coho.............. 24 ........ Barbless hooks. No more than
between 47 deg.40'06" N. lat. 30 or chinook quota. All.......................... 24 16 8 fixed lines per boat.
(Destruction Island) and 46 August 1 through earliest of
deg.53'18" N. lat. (Point Chehalis) September 15 or chinook or
and east of 125 deg.44'00" W. long. coho quota.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Metric equivalents: 24 in=61.0 cm, 16 in=40.6 cm.
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 in (45.7 cm) for chinook and 12 in (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 in (61.0 cm) in total length may be retained per day. Chinook
less than 24 in (61.0 cm) total length may be retained.
B.3. The area 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 25,500 chinook and
20,000 coho. The overall chinook quota is divided into 20,000 chinook
for the May-June chinook-directed fishery and 5,500 chinook for the
August-September all-salmon season. If the chinook quota for the May-
June fishery is not fully utilized, the excess fish may not be
transferred into the later all-salmon season. The quotas include troll
catches by the S'Klallam and Makah tribes in Washington State
Statistical Area 4B from May 1 through September 30.
Section 4. Halibut Retention
Under the authority of the Northern Pacific Halibut Act, NMFS
promulgated regulations governing the Pacific halibut fishery which
appear at 50 CFR part 300, subpart E. In addition, the 2000 Pacific
halibut management measures were published in the Federal Register on
March 20, 2000 (65 FR 14909). The regulations and management measures
provide that vessels participating in the salmon troll fishery in Area
2A (all waters off the States of Washington, Oregon, and California),
which 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 halibut 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
who 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 the May and June troll seasons. It is also
authorized after July 31 if halibut quota remains and if halibut
retention is announced on the NMFS hotline (phone 800-622-9825).
License holders may land no more than 1 halibut per each 3 chinook,
except 1 halibut may be landed without meeting the ratio requirement,
and no more than 35 halibut may be landed per trip. Halibut retained
must meet the minimum size limit of 32 in (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
23,490-lb (10.7-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.
Section 5. Gear Definitions and Restrictions
In addition to the gear restrictions shown in Section 1, 2, and 3,
the following gear definitions and restrictions will apply.
Commercial Troll Fishing Gear: Troll fishing gear for the ocean
salmon fisheries in the EEZ off Washington,
[[Page 26146]]
Oregon, and California is defined as one or more lines that drag hooks
behind a moving fishing vessel. In that portion of the fishery
management area (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 no 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.
Section 6. Geographical Landmarks
Wherever the words ``nautical miles off shore'' are used in this
document, the distance is measured from the baseline from which the
territorial sea is measured.
Geographical landmarks referenced in this document are at the
following locations:
Cape Flattery........................ 48 deg.23'00" N. lat.
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.
Humbug Mountain...................... 42 deg.40'30" N. lat.
Sisters Rocks........................ 42 deg.35'45" N. lat.
Mack Arch............................ 42 deg.13'40" N. lat.
House Rock........................... 42 deg.06'32" N. lat.
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.
Fort Ross............................ 38 deg.31'00" 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 Conception..................... 34 deg.27'00" N. lat.
Section 7. 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 Coast Guard broadcasts for current
information for the area in which they are fishing.
Classification
This notification of annual management measures is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior
notice and opportunity for public comment. As described earlier
(Schedule Used to Establish 2000 Management Measures), the Council
solicited public comment on these measures and has notified the public
of the measures it recommended for implementation. Providing for
additional prior notice and opportunity for public comments on these
measures through a rulemaking process would be impracticable and
contrary to the public interest. Given the extremely low returns of
many ocean salmon stocks listed under the ESA, the need to prevent
overfishing, and the need to facilitate a level of escapement to meet
the requirements of the resource and inside fisheries, it is essential
to have these measures effective at the beginning of the fishing year.
Failure to implement these measures immediately could compromise the
status of certain stocks and negatively impact international, state,
and tribal salmon fisheries, thereby undermining the purposes of this
agency action.
For the reasons discussed earlier, NMFS has determined that good
cause exists to waive the requirements of 50 CFR 660.411 for prior
notice and opportunity for public comments. 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. NMFS will receive public
comments on this action for 15 days from the date of filing this action
for public inspection with the Office of the Federal Register.
The AA also finds good cause under 5 U.S.C. 553(d)(3), to waive the
30-day delay in effectiveness of this rule. The finding of good cause
is based upon the public's interest in having these provisions in place
by the start of the ocean salmon fishing year (May 1, 2000). As
previously discussed, these measures are essential to conserve
threatened and endangered ocean salmon stocks, and to provide for
harvest of more abundant stocks. The finding of good cause to waive the
30-day delay in effectiveness is also based on the limited time
available to implement these new measures after the final Council
meeting in April and before the commencement of the ocean salmon
fishing year on May 1.
To enhance notification of the fishing industry of these new
measures, NMFS is announcing the new measures over the telephone
hotline used for inseason management actions and by U.S. Coast Guard
Notice to Mariners Broadcast. NMFS also has advised the States of
Washington, Oregon, and California,
[[Page 26147]]
which announce the seasons for applicable state and Federal fisheries
through their own public notification systems.
Since 1989, NMFS has listed 16 ESUs of salmon on the west coast. As
the listings have occurred, NMFS has initiated formal ESA section 7
consultations and issued BOs which consider the impacts to listed
salmonid species, resulting from proposed implementation of the FMP, or
in some cases, from proposed implementation of the annual management
measures. Some opinions have concluded that implementation of the FMP
is not likely to jeopardize the continued existence of certain listed
ESUs. Other opinions have found the FMP is likely to jeopardize certain
listed ESUs, and have identified reasonable and prudent alternatives
(ESA consultation standards) that would avoid the likelihood of
jeopardizing the continued existence of the ESU under consideration.
Since completion of the April 30, 1999, supplement to the March 8,
1996, BO on the effect of ocean fisheries on endangered and threatened
salmon, NMFS has listed Central Valley spring chinook and California
coastal chinook as threatened under the ESA (64 FR 50394, September 16,
1999).
NMFS reinitiated consultation and issued two BOs which address the
potential effects of ocean salmon fisheries to newly listed species
under the ESA; those opinions were signed on April 28, 2000, covering
the two listed chinook ESUs in the ocean salmon fisheries, and on April
28, 2000, covering the ocean salmon fisheries for this season through
April 30, 2001.
Based on these BOs, NMFS concludes that these management measures
are not likely to jeopardize the continued existence of any ESU of
salmon that is listed under the ESA. The Council's recommended
management measures comply with the terms and conditions of the
incidental take statements in all of the outstanding applicable BOs
related to listed salmon species that may be affected by Council
fisheries.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 1, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 00-11231 Filed 5-2-00; 11:28 am]
BILLING CODE 3510-22-P