[Federal Register Volume 67, Number 88 (Tuesday, May 7, 2002)]
[Rules and Regulations]
[Pages 30616-30627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11219]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020430101-2101-01; I.D. 042902A]
RIN 0648-AP52


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; 2002 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 2002 
ocean salmon fisheries off Washington, Oregon, and California, and the 
2003 salmon seasons opening earlier than May 1, 2003. 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 U.S. 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, non-treaty commercial,

[[Page 30617]]

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 (fisheries 
occurring in state internal waters).

DATES: Effective from 0001 hours Pacific Daylight Time, May 1, 2002, 
until the effective date of the 2003 management measures, as published 
in the Federal Register. Comments must be received by May 22, 2002.

ADDRESSES: Comments on the management measures and the related 
environmental assessment (EA) may be sent to D. Robert Lohn, Regional 
Administrator, Northwest Region, NMFS, 7600 Sand Point Way N.E., 
Seattle, WA 98115-0070, fax: 206-526-6376; or to Rod McInnis, Acting 
Regional Administrator, Southwest Region, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802-4213, fax: 562-980-4018. 
Comments will not be accepted if submitted via e-mail or Internet.
    Copies of the EA and other documents cited in this document are 
available from Dr. Donald O. McIsaac, Executive Director, Pacific 
Fishery Management Council, 7700 NE Ambassador Place, Suite 200, 
Portland, OR 97220-1384.
    Send comments regarding the reporting burden estimate or any other 
aspect of the collection-of-information requirements in these 
management measures, including suggestions for reducing the burden, to 
one of the NMFS addresses and to the Office of Management and Budget 
(OMB), Washington, DC 20503 (ATTN: NOAA Desk Officer).

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 (Salmon 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 Salmon FMP, by notification in the Federal Register.
    These management measures for the 2002 and pre-May 2003 ocean 
salmon fisheries were recommended by the Pacific Fishery Management 
Council (Council) at its April 8 to 12, 2002, meeting.

Schedule Used To Establish 2002 Management Measures

    The Council announced its annual preseason management process for 
the 2002 ocean salmon fisheries in the Federal Register on January 9, 
2002 (67 FR 1186). This document announced the availability of Council 
documents as well as the dates and locations of Council meetings and 
public hearings comprising the Council's complete schedule of events 
for determining the annual proposed and final modifications to ocean 
salmon fishery management measures. The agendas for the March and April 
Council meetings were published in subsequent Federal Register 
documents prior to the actual meetings.
    In accordance with the Salmon FMP, the Council's Salmon Technical 
Team (STT) and staff economist prepared a series of reports for the 
Council, its advisors, and the public. The first of the reports was 
prepared in February when the necessary scientific information first 
became available. The first report, ``Review of 2001 Ocean Salmon 
Fisheries'' (REVIEW), summarizes biological and socio-economic data for 
the 2001 ocean salmon fisheries and assesses how well the Council's 
2001 management objectives were met. The second report, ``Preseason 
Report I Stock Abundance Analysis for 2002 Ocean Salmon Fisheries'' 
(PRE I), provides the 2002 salmon stock abundance projections and 
analyzes the impacts on the stocks and Council management goals if the 
2001 regulations and regulatory procedures were applied to the 
projected 2002 stock abundances. For coho salmon there was an 
insufficient abundance of marked (adipose fin clipped) hatchery coho 
forecast for 2002; therefore, the 2000 regulations were used to model 
projected impacts. The completion of Preseason Report I is the initial 
step in the evaluating the full suite of preseason options.
    The Council met in Sacramento, CA from March 11 to 15, 2002, to 
develop 2002 management options for proposal to the public. The Council 
proposed three options of commercial and recreational fisheries 
management for analysis and public comment. These options consisted of 
various combinations of management measures designed to protect 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 2002 Ocean Salmon 
Fisheries,'' which analyzes the effects of the proposed 2002 management 
options. This report was made available to the Council, its advisors, 
and the public.
    Public hearings to receive testimony on the proposed options were 
held on: April 1, 2002, in Westport, WA and Coos Bay, OR; April 2, 
2002, in Tillamook, OR and Eureka, CA; and April 3, 2002, in Moss 
Landing, 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 from April 8 to 12, 2002, in Portland, OR to adopt 
its final 2002 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 2002 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 (ESUs) of salmon on the west coast. 
As the listings have occurred, NMFS has conducted formal ESA section 7 
consultations and issued biological opinions (BOs) that consider the 
impacts to listed salmonid species resulting from proposed 
implementation of the Salmon FMP, or in some cases, from proposed 
implementation of the annual management measures. Associated with the 
BOs are incidental take statements that specify the level of take that 
is exempted from the section 9 prohibitions of the ESA. Some of the BOs 
have concluded that implementation of the Salmon FMP is not likely to 
jeopardize the continued existence of certain listed ESUs. Other BOs 
have found that implementation of the Salmon FMP is likely to 
jeopardize certain listed ESUs and have identified reasonable and 
prudent alternatives (consultation standards) that would avoid the 
likelihood of jeopardizing the continued existence of the ESU under 
consideration. In a March 8, 2002, letter to the Council, NMFS provided 
the Council with ESA consultation standards and guidance for the 
management of stocks listed under the ESA in anticipation of the BO in

[[Page 30618]]

preparation for the 2002 management season for Sacramento River winter 
chinook.
    Estimates of the 2001 spawning escapements for key stocks managed 
under the Salmon FMP and preseason estimates of 2002 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.
    NMFS has listed three ESUs of coho under the ESA: central 
California coastal, southern Oregon/northern California coastal, and 
Oregon coastal (61 FR 56138, October 31, 1996; 62 FR 43937 August 18, 
1997; and 63 FR 42587, August 10, 1998, respectively). The three 
northern sub-stocks of Oregon coastal natural (OCN) coho comprise the 
Oregon coastal coho ESU. 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' 
ESA consultation standards require that the three OCN northern sub-
stocks be managed in accordance with Amendment 13 to the Salmon FMP, 
which permits an exploitation rate of up to 15 percent under the 
current level of marine survival and parent spawner status. 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 2002 ocean abundance estimate for OCN is 71,800 coho, 
which is 143 percent of the 2001 preseason prediction of 50,100 coho, 
and 44 percent of the post-season estimate of 163,200 coho (PRE I).
    Central California coastal coho and southern Oregon/northern 
California coastal 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). The Council, at its March 
2002 meeting, initiated the FMP amendment process to develop recovery 
and long term conservation objectives for Sacramento River winter 
chinook and Central Valley spring chinook. The amendment is on a 
schedule for completion by November 2003. NMFS has issued a 2-year 
biological opinion to accommodate the amendment process. The ESA 
consultation standard for the 2002 seasons requires that the duration 
and timing of commercial and recreational seasons south of Point Arena, 
California, not change substantially relative to the 2000 and 2001 
seasons. Spawning populations of Sacramento River winter chinook have 
consistently increased since 1994; the spawner abundance in 2001 was 
estimated to be 7,200 fish.
    California Central Valley spring chinook is listed as a threatened 
species under the ESA (64 FR 50394, September 16, 1999). Since 1994, 
the spawning populations of Central Valley spring chinook returning to 
Deer, Mill, and Butte creeks have increased, with relatively strong 
returns to Butte Creek. The combined escapement of the three 
populations in 2001 was 12,300 fish.
    California coastal chinook is listed as a threatened species under 
the ESA (64 FR 50394, September 16, 1999). Coastal chinook spawning 
populations are not well monitored and no estimate of an ocean 
exploitation rate is available. NMFS' ESA consultation standard for 
California coastal chinook requires that the ocean harvest rate on 
Klamath River fall chinook not exceed 0.16, which is the maximum 
observed since 1996. The standard is intended to prevent harvest 
impacts on California coastal chinook from increasing substantially 
above levels that have occurred since 1996.
    Snake River wild fall chinook is listed under the ESA as a 
threatened species (57 FR 14653, April 22, 1992). Direct 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 as an indicator. 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 
on 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.
    This is the third year that NMFS provided guidance to the Council 
related to the Puget Sound chinook ESU (64 FR 14308, March 24, 1999). 
NMFS' consultation standards for Puget Sound chinook stocks are 
expressed in terms of total or southern U.S. fishery exploitation rate 
ceilings, or terminal escapement objectives. Under the current 
management structure, Council fisheries are included as part of the 
suite of fisheries that comprise the fishing regime negotiated each 
year by the co-managers under U.S. v. Washington to meet management 
objectives for Puget Sound and Washington Coastal salmon stocks. 
Because these management objectives and the management planning 
structure address fisheries wherever they exist, Council and Puget 
Sound fisheries are interconnected. Therefore, in adopting its 
regulations, the Council must determine that its fisheries in the 
ocean, when combined with the suite of other fisheries impacting this 
ESU, meet the management targets set for stocks within this ESU. NMFS 
estimated in its BO for 2000 fisheries that the exploitation rates from 
Council-managed fisheries on Puget Sound spring and fall chinook stock 
aggregates have been zero and three percent or less, respectively, in 
recent years. Management actions taken to meet exploitation rate 
targets will, therefore, occur primarily in the Puget Sound fisheries, 
but the nature of the existing process is such that ocean fishery 
impacts will be accounted for, and are potentially liable to 
constraining measures to meet particular targets.
    NMFS has evaluated the ``Puget Sound Comprehensive Chinook 
Management Plan: Harvest Management Component as a Resource Management 
Plan'' for Puget Sound chinook, and the ``Summer Chum Salmon 
Conservation Initiative--An Implementation Plan to Recover Summer Chum 
in the Hood Canal and Strait of Juan de Fuca Region'' for Hood Canal 
summer chum, under ESA 4(d) rule (65 FR 42422, July 10, 2000) (the 
RMPs). The RMPs, jointly developed by the Washington Department of Fish 
and Wildlife and the Puget Sound Treaty Tribes, include stock-specific 
harvest management objectives for Puget Sound chinook and Hood Canal 
summer chum. NMFS has determined that the RMPs are consistent with the 
ESA 4(d) rule, and that the 2002 ocean and inside fisheries are 
consistent with the RMPs and associated biological opinion. For the 
2002 fisheries the Hood Canal summer chum RMP requires non-retention of 
chum north of Cape Alava during August and September.

[[Page 30619]]

Management Measures for 2002 Fisheries

    The Council recommended ocean harvest levels and management 
measures for 2002 fisheries 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 Salmon 
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 Fishery Conservation and 
Management Act (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 issue before the Council in the development of the 
2002 management measures for the west coast ocean salmon fisheries was 
achieving an ocean exploitation rate on OCN coho that would meet the 
State of Oregon's management objective for ocean harvest of lower 
Columbia River wild coho. Lower Columbia River coho are not federally 
listed, however they are listed as an endangered species by the State 
of Oregon. To protect lower Columbia River coho, Oregon recommended to 
the Council an ocean exploitation rate on OCN of 10.5-12.5 percent. No 
ocean exploitation rate estimate is available for lower Columbia River 
coho, and OCN were used as the best available surrogate. The ESA and 
Salmon FMP objective for OCN is less than or equal to 15 percent. The 
reduced abundance of coho, particularly the hatchery stocks, also 
constrained access to the strong Columbia River chinook runs.
    The Oregon Production Index of Oregon coastal and Columbia River 
hatchery coho stocks is forecast to be only 300,000 fish for 2002, 
compared to 1.7 million fish in 2001. At the same time, the OCN 
population is forecast to improve to 71,800 fish, up from the 50,100 
coho forecast in 2001. This combination of OCN and hatchery coho 
abundances required significant constraints on ocean fisheries in order 
to meet Oregon's OCN management objective for lower Columbia River wild 
coho. The North of Falcon coho quota in 2002 is only about 47 percent 
of the 2001 quota.
    From the U.S.-Canada border to Cape Falcon, OR, 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, No. C70-9213 (W.D. 
Wash.); U.S. v. Oregon, Civil No. 68-513 (D.Or.); and Hoh Indian Tribe 
v. Baldrige 522 F. Supp. 683 (1981).
    North of Cape Falcon, OR, the 2002 management measures have 
substantially higher chinook quotas but much lower coho quotas relative 
to the 2001 season. The total allowable catch for 2002 is 150,000 
chinook and 140,000 coho; these fisheries are restricted to protect 
depressed lower Columbia River wild coho, 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. North of 
Cape Alava there is a new provision requiring non-retention of chum 
during August and September.
    South of Cape Falcon, OR, the retention of coho is prohibited, 
except for a recreational selective fishery off Oregon with a 22,500-
fish quota of marked hatchery coho. Chinook fisheries are constrained 
primarily to meet the ESA standards for California coastal chinook and 
Sacramento River winter chinook. The Council's recommendations were 
below the 15-percent exploitation rate permitted under Amendment 13 to 
protect listed OCN coho stocks, with an expected 12.3-percent OCN coho 
exploitation rate and a 7.5-percent marine exploitation rate for Rogue/
Klamath coho.

Treaty Indian Fisheries

    The treaty-Indian commercial troll fishery quota is 60,000 chinook 
in ocean management areas and Area 4B combined, a significant increase 
from 2001. The fisheries include a chinook-directed fishery in May and 
June (under a quota of 30,000 chinook) and an all-salmon season 
beginning in July with a 30,000 chinook sub-quota. The coho quota for 
the treaty-Indian troll fishery in ocean management areas, including 
Washington State Statistical Area 4B for the July-September period is 
60,000 coho, a decrease from 2001.

Management Measures for 2003 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 2003 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 2003 as indicated in the season description section. At the November 
2002 meeting, the Council may consider inseason recommendations to 
adjust commercial and recreational seasons for all salmon except coho 
prior to May 1 in areas off Oregon south of Cape Falcon. At the March 
2003 meeting, the Council may consider inseason recommendations to open 
commercial seasons for all salmon except coho prior to May 1 in areas 
off Washington and Oregon north of Cape Falcon.

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 2002 management measures. Inseason closures in the commercial and 
recreational fisheries are announced on the NMFS hotline and through 
the U.S. Coast Guard Notice to Mariners as described in Section 7. 
Other inseason adjustments to management measures are also announced on 
the hotline and through the Notice to Mariners.
    The following are the management measures recommended by the 
Council and approved and implemented by NMFS for 2002 and, as 
specified, for 2003.

Section 1. Commercial Management Measures for 2002 Ocean Salmon 
Fisheries

    Note: This section contains restrictions in parts A, B, and C 
that 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 30 or 50,000 chinook quota. All 
salmon except coho (C.6). See gear restrictions (C.2.a). Cape Flattery 
and Columbia Control Zones closed (C.4.a, C.4.b). Vessels must land and 
deliver their fish within the area, in adjacent areas closed to 
commercial non-Indian salmon fishing, or in areas south of Cape Falcon, 
and within 24 hours of any

[[Page 30620]]

closure of this fishery; State regulations require that fishers fishing 
within this area and intending to land salmon south of Cape Falcon 
notify Oregon Department of Fish and Wildlife (ODFW) before they leave 
the area at the following phone number (541) 867-0300, Ext. 252. 
Inseason actions may modify quotas or harvest guidelines in later 
fisheries to achieve or prevent exceeding the overall allowable troll 
harvest impacts (C.7.a).
    Except as provided below during the selective fishery, the season 
will be: July 1 through earlier of September 8 or 32,500 chinook quota 
(C.7.a). All salmon except coho, and no chum retention north of Cape 
Alava during August and September. Gear restricted to plugs 6 inches 
(15.2 cm) or longer between U.S.-Canada Border to Leadbetter Point 
(C.2.b). Cape Flattery and Columbia Control Zones closed (C.4.a, 
C.4.b). Vessels must land and deliver their fish within the area, in 
adjacent areas closed to commercial non-Indian salmon fishing, or in 
areas south of Cape Falcon, and within 24 hours of any closure of this 
fishery. No more than four spreads per line between Cape Falcon and 
Leadbetter Point (C.2.c). Trip limits, gear restrictions, and 
guidelines may be implemented or adjusted inseason (C.7.a).

Selective Fishery for Adipose Fin Clipped Coho

    Leadbetter Point to Cape Falcon: All salmon August 1 through 
earlier of September 8 or subarea quota of 5,000 adipose fin clipped 
coho (all retained coho must have a healed adipose fin clip). Fishery 
will remain open for all salmon except coho after the marked hatchery 
coho quota is reached, provided adequate chinook impacts remain on the 
32,500 chinook quota. Washington state regulations require fishers 
fishing within this subarea to land coho south of Leadbetter Point. 
Oregon state regulations require that fishers fishing within this 
subarea and intending to land chinook or coho south of this subarea 
notify ODFW before they leave the subarea at the following phone number 
(541) 867-0300 Ext. 252. Trip limits, gear restrictions, and guidelines 
may be implemented or adjusted inseason.
South of Cape Falcon

Cape Falcon to Florence South Jetty

    March 20 through July 15; August 1 through August 29; and September 
1 through October 31. All salmon except coho. See gear restrictions 
(C.2.a, C.2.d) and Oregon State regulations for a description of the 
closed area at the mouth of Tillamook Bay.
    In 2003 the season will open March 15 for all salmon except coho. 
This opening could be modified following Council review at its November 
2002 meeting.

Florence South Jetty to Humbug Mountain

    March 20 through June 30; July 17 through August 29; and September 
1 through October 31. All salmon except coho. See gear restrictions 
(C.2.a, C.2.d).
    In 2003 the season will open March 15 for all salmon except coho. 
This opening could be modified following Council review at its November 
2002 meeting.

Humbug Mountain to Oregon-California Border

    March 20 through May 31. All salmon except coho. See gear 
restrictions (C.2.a, C.2.d).
    June 1 through earlier of June 30 or 3,000 chinook quota; July 1 
through earlier of July 31 or 1,500 chinook quota; August 1 through 
earlier of August 29 or 3,000 chinook quota; and September 1 through 
earlier of September 30 or 2,000 chinook quota. No transfer of 
remaining quota from earlier fisheries allowed. All salmon except coho. 
Possession and landing limit of 50 fish per trip. See gear restrictions 
(C.2.a, C.2.d). All salmon must be landed and delivered to Gold Beach, 
Port Orford, or Brookings, and within 24 hours of closure.
    In 2003 the season will open March 15 for all salmon except coho. 
This opening could be modified following Council review at its November 
2002 meeting.

Oregon-California Border to Humboldt South Jetty

    August 16 through the earlier of August 30 or 3,000 chinook quota 
and September 1 through earlier of September 30 or 10,000 chinook 
quota. All salmon except coho. Possession and landing limit of 40 fish 
per day. See gear restrictions (C.2.a, C.2.e). All fish must be landed 
within the area and within 24 hours of any closure of the fishery. When 
the fishery is closed between the OR-CA border and Humbug Mountain and 
open to the south, vessels with fish on board caught in the open area 
off California may seek temporary mooring in Brookings, OR 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. Klamath Control Zone closed (C.4.c).

Horse Mountain to Point Arena (Fort Bragg)

    July 20 through earlier of July 30 or 10,000 chinook quota; August 
1 through August 30; and September 1 through September 30. All salmon 
except coho. All fish caught in this area in July and August must be 
landed within the area. All fish caught in this area must be landed 
within 24 hours of any closure of the fishery. See gear restrictions 
(C.2.a, C.2.e).

Point Arena to Pigeon Point (San Francisco)

    May 1 through September 30. All salmon except coho. Minimum size 
limit 26 inches (66.0 cm) total length. See gear restrictions (C.2.a, 
C.2.e).

Point Reyes to Point San Pedro (Fall Area Target Zone)

    October 1 through October 18, Monday through Friday. All salmon 
except coho. Minimum size limit 26 inches (66.0 cm) total length. See 
gear restrictions (C.2.a, C.2.e).

Pigeon Point to U.S.-Mexico Border

    May 1 through September 30. All salmon except coho. Minimum size 
limit 26 inches (66.0 cm) total length. See gear restrictions (C.2.a, 
C.2.e).

                                                 B. Minimum Size
                                                    [Inches]
----------------------------------------------------------------------------------------------------------------
                                                  Chinook                    Coho
                                        ----------------------------------------------------
            Area (when open)                Total                     Total                          Pink
                                            length      Head-off      length      Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon...................         28.0         21.5         16.0         12.0  None.

[[Page 30621]]

 
South of Cape Falcon...................     \a\ 26.0     \a\ 19.5  ...........  ...........  None.
----------------------------------------------------------------------------------------------------------------
\a\ Chinook not less than 26 inches (19.5 inches head-off) taken in open seasons south of Cape Falcon may be
  landed north of Cape Falcon only when the season is closed north of Cape Falcon.
Metric equivalents: 28.0 in=71.1 cm, 26.0 in=66.0 cm, 21.5 in=54.6 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. U.S.-Canada Border to Leadbetter Point, July 1 to September 8: 
Gear restricted to plugs with a one piece body that is at least six 
inches long, not including hooks or attachments.
    c. Leadbetter Point to Cape Falcon, July 1 to September 8: No more 
than 4 spreads are allowed per line.
    Spread defined: A single leader connected to an individual lure or 
bait.
    d. Off Oregon South of Cape Falcon: No more than 4 spreads are 
allowed per line.
    e. 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.
    C.3. Transit Through Closed Areas with Salmon on Board: It is 
unlawful for a vessel to have troll or recreational gear in the water 
while transiting any area closed to fishing for a certain species of 
salmon, while possessing that species of salmon; however, fishing for 
species other than salmon is not prohibited if the area is open for 
such species and no salmon are in possession.
    C.4. Control Zone Definitions:
    a. Cape Flattery Control Zone: The area from Cape Flattery 
(48 deg.23'00" N. lat.) to the northern boundary of the U.S. EEZ; and 
the area from Cape Flattery south to Cape Alava, 48 deg.10'00" N. lat. 
and east of 125 deg.05'00" W. long.
    b. Columbia Control Zone: An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between the 
red lighted Buoy #4 (46 deg.13'35" N. lat., 124 deg.06'50" W. long.) 
and the 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 deg. 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/southwest between the green 
lighted Buoy #7 to the tip of the north jetty (46 deg.15'48" 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 the 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.
    c. 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) 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.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.
    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. Halibut retained must be no less than 32 inches 
(81.3 cm) in total length (with head on). 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 June 30 if quota remains and if 
announced on the NMFS hotline (phone 800-662-9825). ODFW and Washington 
Department of Fish and Wildlife (WDFW) will monitor landings. If the 
landings are projected to exceed the 39,300-lb. (17.8-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.
    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, 20,000 chinook from the May/June harvest quota are the result 
of impacts assessed at the July-September harvest impact rate. 
Inseason, these 20,000 chinook (or remaining portion thereof) may be 
transferred to the July-September 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 20,000 may be transferred 
to the July-September harvest guideline on a fishery impact equivalent 
basis.
    b. At the March 2003 meeting, the Council will consider inseason

[[Page 30622]]

recommendations to open commercial seasons for all salmon except coho 
prior to May 1 in areas off Oregon and Washington north of Cape Falcon.
    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 Klamath Management Zone for the ocean salmon season shall be 
that area from Humbug Mountain, OR to Horse Mountain, CA.

Section 2. Recreational Management Measures for 2002 Ocean Salmon 
Fisheries

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

A. Season Description

North of Cape Falcon

U.S.-Canada Border to Cape Falcon

    May 25 through earlier of June 16 or 20,000 chinook quota (7 days 
per week) (C.4.). Chinook salmon only; 2 fish per day. See gear 
restrictions (C.2.a). Columbia Control Zone closed (C.3.a).

U.S.-Canada Border to Cape Alava (Neah Bay Area)

    July 7 through earlier of September 8 or 11,780 coho subarea quota, 
7 days per week. All salmon, except no chum retention during August and 
September; 2 fish per day and all retained coho must have a healed 
adipose fin clip. Chinook non-retention east of the Bonilla-Tatoosh 
line during the Council managed recreational ocean fishery in July 
through September. The Bonilla-Tatoosh Line is defined as a line 
running from the western end of Cape Flattery to Tatoosh Island 
Lighthouse (48 deg.23'30" N. lat., 124 deg.44'12" W. long.) to the buoy 
adjacent to Duntze Rock (48 deg.28'00" N. lat., 124 deg.45'00" W. 
long.), then in a straight line to Bonilla Point (48 deg.35'30" N. 
lat., 124 deg.43'00" W. long.) on Vancouver Island, BC. Inseason 
management may be used to sustain season length and keep harvest within 
a guideline of 2,600 chinook (C.4).

Cape Alava to Queets River (La Push Area)

    July 7 through earlier of September 8 or 2,770 coho subarea quota; 
September 21 through earlier of October 6 or overall subarea quota of 
100 coho and 100 chinook; 7 days per week. All salmon; 2 fish per day 
and all retained coho must have a healed adipose fin clip. See gear 
restrictions (C.2.a). Inseason management may be used to sustain season 
length and keep harvest within a guideline of 1,600 chinook (C.4).

Queets River to Leadbetter Point (Westport Area)

    June 30 through earlier of September 8 or 39,280 coho subarea 
quota. Sunday through Thursday prior to August 16, 7 days per week 
thereafter. All salmon. 2 fish per day and all retained coho must have 
a healed adipose fin clip. See gear restrictions (C.2.a). Inseason 
management may be used to sustain season length and keep harvest within 
a guideline of 32,000 chinook (C.4).

Leadbetter Point to Cape Falcon (Columbia River Area)

    July 7 through earlier of September 30 or 55,700 coho subarea 
quota. Sunday through Thursday prior to August 16, 7 days per week 
beginning August 16. All salmon. Two fish per day and all retained coho 
must have a healed adipose fin clip. Closed between Cape Falcon and 
Tillamook Head beginning August 1. Columbia Control Zone closed 
(C.3.a). See gear restrictions (C.2.a). Inseason management may be used 
to sustain season length and keep harvest within a guideline of 11,200 
chinook (C.4).
South of Cape Falcon

Cape Falcon to Humbug Mountain

    Except as provided below during the selective fishery, the season 
will be April 1 through October 31. All salmon except coho; 2 fish per 
day. See gear restrictions (C.2.a, C.2.b). See Oregon State regulations 
for a description of a closure at the mouth of Tillamook Bay.
    In 2003 the season will open March 15 for all salmon except coho. 
Two fish per day. Same gear restrictions as in 2002. This opening could 
be modified following Council review at its November 2002 meeting.
    Selective fishery for marked coho: July 7 through earlier of August 
4 or a landed catch of 22,500 coho; 7 days per week. All salmon; 2 fish 
per day, all retained coho must have a healed adipose fin clip. See 
gear restrictions (C.2.a, C.2.b). Open days may be adjusted to utilize 
the available quota. All salmon except coho season reopens the earlier 
of August 5 or attainment of the coho quota.

Humbug Mountain to Horse Mountain (Klamath Management Zone)

    May 15 through June 30; July 3 and 4; and August 1 through 
September 15. All salmon except coho; 2 fish per day; no more than 6 
fish in 7 consecutive days. See gear restrictions (C.2.a, C.2.b). 
Klamath Control Zone closed in August (C.3.b).

Horse Mountain to Point Arena (Fort Bragg)

    February 16 through July 7 and July 20 through November 17. All 
salmon except coho; 2 fish per day. Minimum size 24 inches (61.0 cm) 
total length through April 30 and 20 inches (50.8 cm) total length 
thereafter. See gear restrictions (C.2.a, C.2.b, C.2.c).
    In 2003, season opens February 15 for all salmon except coho. 2 
fish per day, 24-inch (61.0-cm) total length minimum size limit and the 
same gear restrictions as in 2002.

Point Arena to Pigeon Point (San Francisco)

    April 13 through November 10. All salmon except coho; 2 fish per 
day. Minimum size limit 24 inches (61.0 cm) total length through April 
30 and 20 inches (50.8 cm) total length thereafter. See gear 
restrictions (C.2.a, C.2.b, C.2.c).
    In 2003, the season will open April 12 for all salmon except coho. 
2 fish per day, 24-inch (61.0-cm) total length minimum size limit and 
the same gear restrictions as in 2002.

Pigeon Point to U.S.-Mexico Border

    March 30 through September 29. All salmon except coho; 2 fish per 
day. Minimum size limit 24 inches (61.0 cm) total length through April 
30 and 20 inches (50.8 cm) total length thereafter. See gear 
restrictions (C.2.a, C.2.b, C.2.c).
    In 2003, the season will open March 29 for all salmon except coho. 
Two fish per day, 24-inch (61.0-cm) total length minimum size limit and 
the same gear restrictions as in 2002.

                                                 B. Minimum Size
                                            [Total length in inches]
----------------------------------------------------------------------------------------------------------------
            Area (when open)                Chinook        Coho                         Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon....................         24.0         16.0  None

[[Page 30623]]

 
Cape Falcon to Horse Mountain...........         20.0         16.0  None, except 20.0 off CA.
South of Horse Mt. Prior to May 1.......         24.0  ...........  20.0
    Beginning May 1.....................         20.0  ...........  20.0
----------------------------------------------------------------------------------------------------------------
 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, 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: 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 Point 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-waters fishery off 
Tillamook Bay may allow the use of barbed hooks to be consistent 
with inside regulations.]

    b. Between Cape Falcon, OR and Point Conception, CA: Anglers must 
use no more than 2 single point, single shank, barbless hooks.
    c. Off California between Horse Mountain and Point Conception: 
Single point, single shank, barbless circle hooks (see circle hook 
definition below) 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 inches 
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.
    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 the 
red lighted Buoy #4 (46 deg.13'35" N. lat., 124 deg.06'50" W. long.) 
and the 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 deg. 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/southwest between the green 
lighted Buoy #7 to the tip of the north jetty (46 deg.15'48" 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 the 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 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) 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 the states, Council, representatives of the affected 
ports, and the Salmon Advisory Subpanel recreational representatives 
north of Cape Falcon.
    In addition to the above and modifications already noted under 
season descriptions, the following guidance is provided to NMFS:
    In the overall recreational chinook quota north of Cape Falcon, 
10,000 chinook from the May/June harvest quota are the result of 
impacts assessed at the July-September harvest impact rate. Inseason, 
these 10,000 chinook (or remaining portion thereof) may be transferred 
to the July-September 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 10,000 may be transferred to the July-
September harvest guideline on a fishery impact equivalent basis.
    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 2002 Ocean Salmon 
Fisheries

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

A. Season Descriptions

[[Page 30624]]



----------------------------------------------------------------------------------------------------------------
                                                                               Minimum size
                                                                                 (inches)           Special
   Tribe and area boundaries        Open seasons        Salmon species     -------------------  restrictions by
                                                                             Chinook    Coho          area
----------------------------------------------------------------------------------------------------------------
MAKAH--Washington State          May 1 through      All except coho.......         24          Barbless hooks.
 Statistical Area 4B and that     earlier of June     ....................                      No more than 8
 portion of the FMA north of 48   30 or chinook     All...................         24      16   fixed lines per
 deg.02'15" N. lat. (Norwegian    quota.                                                        boat or no more
 Memorial) and east of 125       July 1 through                                                 than 4 hand-held
 deg.44'00" W. long.              earliest of                                                   lines per
                                  September 15 or                                               person.
                                  chinook or coho
                                  quota.
QUILEUTE--That portion of the    May 1 through      All except coho.......         24          Barbless hooks.
 FMA between 48 deg.07'36" N.     earlier of June     ....................                      No more than 8
 lat. (Sand Point) and 47         30 or chinook     All...................         24      16   fixed lines per
 deg.31'42" N. lat. (Queets       quota.                                                        boat.
 River) and east of 125          July 1 through
 deg.44'00" W. long.              earliest of
                                  September 15 or
                                  chinook or coho
                                  quota.
HOH--That portion of the FMA     May 1 through      All except coho.......         24          Barbless hooks.
 between 47 deg.54'18" N. lat.    earlier of June     ....................                      No more than 8
 (Quillayute River) and 47        30 or chinook     All...................         24      16   fixed lines per
 deg.21'00" N. lat. (Quinault     quota.                                                        boat.
 River) and east of 125          July 1 through
 deg.44'00" W. long.              earliest of
                                  September 15 or
                                  chinook or coho
                                  quota.
QUINAULT--That portion of the    May 1 through      All except coho.......         24          Barbless hooks.
 FMA between 47 deg.40'06" N.     earlier of June     ....................                      No more than 8
 lat. (Destruction Island) and    30 or chinook     All...................         24      16   fixed lines per
 46 deg.53'18" N. lat. (Point     quota.                                                        boat.
 Chehalis) and east of 125       July 1 through
 deg.44'00" W. long.              earliest of
                                  September 15 or
                                  chinook or 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 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 (61.0 cm) in total length may be retained per day. 
Chinook less than 24 inches (61.0 cm) total length may be retained.
    B.3. The area within a 6 nautical mile (11.1 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 nautical miles (3.7 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 60,000 chinook and 
60,000 coho. The overall chinook quota is divided into 30,000 chinook 
for the May/June chinook-directed fishery and 30,000 chinook for the 
July through September all-salmon season. If the chinook quota for the 
May/June fishery is not fully utilized, the excess fish cannot 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 2002 Pacific 
halibut management measures were published in the Federal Register on 
March 20, 2002 (67 FR 12885). 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 by IPHC, and implemented 
by NMFS. 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 June 30 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 inches (81.3 
cm). The ODFW and WDFW will monitor landings and, if they are projected 
to exceed the 39,300-lb. (17.8-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.

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 are applicable:
    Commercial Troll Fishing Gear: Troll fishing gear for the ocean 
salmon fisheries in the EEZ off Washington, Oregon, and California is 
defined as one or more lines that drag hooks behind a

[[Page 30625]]

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.
Florence South Jetty..................  44 deg.00'54" N. lat.
Humbug Mountain.......................  42 deg.40'30" 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 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.
    The time-frame of the preseason process for determining the annual 
modifications to ocean salmon fishery management measures is driven by 
the availability of biological data. Ocean salmon fisheries are 
directed primarily at maturing fish destined to return to freshwater 
and spawn each year. Fisheries are adjusted annually based on the 
status of the affected stocks that particular year. But the information 
necessary to forecast stock status, particularly escapement 
information, is not available until the first part of each year, since 
spawning escapement continues through the fall. The preseason planning 
and public review process is initiated in February as soon as the 
forecast information becomes available. The public planning process 
requires coordination of management actions of four states, numerous 
Indian tribes, and the Federal Government, all of which have management 
authority over the stocks. The government entities also involve the 
affected user groups. This complex process is compressed into a 2-month 
period which culminates at the April Council meeting in order to 
provide decisions necessary prior to the start of fisheries on May 1. 
Fisheries generally begin May 1 to provide access to harvestable fish 
and greater flexibility to use time/area constraints to meet 
conservation and use objectives.
    As described earlier (See Schedule Used to Establish 2002 
Management Measures), the Council solicited public comment on these 
measures and has notified the public of the measures it recommended for 
implementation. In addition to the Council process, notice and 
opportunity for public comment is provided through meetings and 
caucuses of State, Tribal, local governments, and the various user 
groups. This parallel process occurs throughout the February to April 
time-frame when Council managed salmon fisheries are developed. The 
major meetings that concern salmon fisheries on the west coast include 
the Klamath Fishery Management Council, established at 16 U.S.C. 46085-
2; North of Cape Falcon Forum, sponsored by the state of Washington and 
northwest Indian tribes with treaty fishing rights; U.S. v. Oregon 
meetings related to ocean and Columbia River fisheries; Oregon Fish and 
Wildlife Commission; and California Fish and Game Commission. 
Recommendations and information from these forums are incorporated into 
the Council process when representatives from these entities provide 
comments and information at Council sponsored functions.
    Providing additional opportunity for prior notice and public 
comments on these measures through a proposed and final rulemaking 
process would be impracticable and contrary to the public interest. 
Given the need to protect extremely low returns of many ocean salmon 
stocks listed under the ESA, the need to prevent overfishing, the need 
to facilitate a level of escapement to meet the requirements of the 
resource and inside fisheries, and the need to allow harvest of fish 
that can be harvested while still allowing appropriate escapements; it 
is essential to have these measures effective at the beginning of the 
fishing year. Otherwise 2001 management measures will continue to 
apply.
    For example, under 2001 management in the Fort Bragg area a troll 
fishery in May would open, which would not be open under 2002 
management regulations because the impacts on OCN coho would be too 
high. In other cases, areas scheduled to open early in the 2002 season 
would remain closed under 2001 management, thus foreclosing the 
opportunity to harvest some stocks that are available for harvest this 
year. In 2001, the recreational fishery north of Cape Falcon did not 
open until July 1. Under 2002 regulations the recreational fishery 
would open on May 25. As a result, using the 2001 regulations would 
preclude harvest opportunity for chinook that would not be recovered 
later because of conservation constraints for coho.
    Overall, the annual population dynamics of the various salmon 
stocks cause managers to vary the season structure of the various west 
coast area fisheries to both protect weaker stocks and give fishers 
access to stronger salmon stocks, particularly hatchery produced fish. 
Failure to implement these measures immediately could compromise the 
status of certain stocks and negatively impact international, state, 
and tribal salmon fisheries,

[[Page 30626]]

thereby undermining the purposes of this agency action. Based upon the 
above-described need to have these measures effective on May 1 and the 
fact that there is 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, NMFS has 
concluded it is impracticable to provide an opportunity for prior 
notice and public comment under 5 U.S.C. 553(b)(B).
    The provisions of 50 CFR 660.411 state 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 date of 
publication in the Federal Register. NMFS will receive public comments 
on this action for 15 days after the date of publication of this action 
in the Federal Register.
    The AA also finds that good cause exists under 5 U.S.C. 553(d)(3), 
to waive the 30-day delay in effectiveness of this rule. As previously 
discussed, these measures are essential to conserve threatened and 
endangered ocean salmon stocks, and to provide for harvest of more 
abundant stocks. If these measures are not in place on May 1, the 
previous year's management measures will continue to apply. 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.
    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 is also advising the States of 
Washington, Oregon, and California on the new management measures. 
These states announce the seasons for applicable state and Federal 
fisheries through their own public notification systems.
    This action contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA), and which have been approved by 
OMB under control number 0648-0433. The public reporting burden for 
providing notifications if landing area restrictions cannot be met, or 
to obtain temporary mooring in Brookings, OR, is estimated to average 
15 minutes per response. This estimate includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    Since 1989, NMFS has listed 16 ESUs of salmon on the West Coast. As 
the listings have occurred, NMFS has conducted formal ESA section 7 
consultations (Table 1) and issued BOs that consider the impacts to 
listed salmon species resulting from proposed implementation of the 
Salmon FMP, or in some cases, from proposed implementation of the 
annual management measures.

   Table 1.--NMFS' Biological Opinions and Section 4(d) Determinations
Related to Ocean Fisheries Implemented Under the Salmon FMP and Duration
                 of the Proposed Action Covered by Each
------------------------------------------------------------------------
                                            ESU covered and effective
                  Date                                period
------------------------------------------------------------------------
March 8, 1996..........................  Snake River chinook and sockeye
                                          (until reinitiated).
April 28, 1999.........................  Oregon coast coho, S. Oregon/N.
                                          California coast coho, Central
                                          California coast coho (until
                                          reinitiated).
April 28, 2000.........................  Central Valley spring chinook
                                          and California coast chinook
                                          (until reinitiated).
April 27, 2001 [4(d)],.................  Puget Sound chinook and Hood
Sept. 14, 2001 (BO)....................   Canal summer chum 4(d) limit &
                                          associated biological opinion
                                          (2 years ).
April 30, 2001.........................  Lower Columbia River chinook,
                                          Upper Willamette chinook, and
                                          Upper Columbia spring chinook
                                          (until reinitiated).
April 29, 2002.........................  Sacramento River winter chinook
                                          (2 years).
------------------------------------------------------------------------

    Associated with the BOs are incidental take statements that specify 
the expected level of take. If the fisheries are conducted in 
accordance with the statement's terms and conditions the take is 
exempted from the section 9 prohibitions of the ESA. Some of the BOs 
have concluded that implementation of the Salmon FMP is not likely to 
jeopardize the continued existence of certain listed ESUs. Other BOs 
have found that implementation of the Salmon FMP is likely to 
jeopardize certain listed ESUs and have identified reasonable and 
prudent alternatives (consultation standards) that would avoid the 
likelihood of jeopardizing the continued existence of the ESU under 
consideration. NMFS recently completed an additional BO regarding 
Sacramento River winter chinook for the 2002 and 2003 seasons.
    In a March 8, 2002, letter to the Council, NMFS provided the 
Council with ESA consultation standards and guidance for the management 
of stocks listed under the ESA, and in anticipation of the BO that was 
being prepared for the 2002 management season for Sacramento River 
winter chinook.
    Proposed fisheries affecting Puget Sound chinook and the Hood Canal 
summer chum were considered under provisions of the 4(d) rule. NMFS has 
determined that the Puget Sound chinook and Hood Canal summer chum RMPs 
are consistent with the ESA section 4(d) rule, and that the 2002 ocean 
and inside fisheries are consistent with the RMPs. In addition, the 
2002 and pre-May 2003 management measures are consistent with the 
standards set to avoid jeopardy in the RMPs and associated biological 
opinion.
    The Council's recommended management measures are consistent with 
the BOs that find no jeopardy, the reasonable and prudent alternatives 
in the jeopardy BOs, and the terms of the State and Tribal RMPs.

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


[[Page 30627]]


    Dated: May 1, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-11219 Filed 5-1-02; 5:02 pm]
BILLING CODE 3510-22-P