[Federal Register Volume 68, Number 87 (Tuesday, May 6, 2003)]
[Rules and Regulations]
[Pages 23913-23923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11083]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 030430108-3108-01; I.D. 042503A]
RIN 0648-AQ17


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; 2003 Management Measures

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

ACTION: Final rule; annual management measures for the ocean salmon 
fishery; request for comments.

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SUMMARY: NMFS establishes fishery management measures for the 2003 
ocean salmon fisheries off Washington, Oregon, and California, and the 
2004 salmon seasons opening earlier than May 1, 2004. 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, 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, 2003, 
until the effective date of the 2004 management measures, as published 
in the Federal Register. Comments must be received by May 21, 2003.

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, NE., 
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.

[[Page 23914]]

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 2003 and pre-May 2004 ocean 
salmon fisheries were recommended by the Pacific Fishery Management 
Council (Council) at its April 7 to 11, 2003, meeting.

Schedule Used To Establish 2003 Management Measures

    The Council announced its annual preseason management process for 
the 2003 ocean salmon fisheries in the Federal Register on January 6, 
2003 (68 FR 544). 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 2002 Ocean Salmon 
Fisheries'' (REVIEW), summarizes biological and socio-economic data for 
the 2002 ocean salmon fisheries and assesses how well the Council's 
2002 management objectives were met. The second report, ``Preseason 
Report I Stock Abundance Analysis for 2003 Ocean Salmon Fisheries'' 
(PRE I), provides the 2003 salmon stock abundance projections and 
analyzes the impacts on the stocks and Council management goals if the 
2002 regulations and regulatory procedures were applied to the 
projected 2003 stock abundances. The completion of PRE I is the initial 
step in evaluating the full suite of preseason options.
    The Council met in Sacramento, CA from March 10 to 14, 2003, to 
develop 2003 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 2003 Ocean Salmon 
Fisheries,'' which analyzes the effects of the proposed 2003 management 
options. This report was made available to the Council, its advisors, 
and the public.
    Council public hearings to receive testimony on the proposed 
options were held on: March 31, 2002, in Westport, WA and Coos Bay, OR; 
and April 1, 2002, in Eureka, CA. The States of Washington, Oregon, and 
California sponsored meetings in various forums that also collected 
public testimony, which was then presented to the Council by each 
state's Council representative. 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 7 to 11, 2003, in Vancouver, WA to adopt 
its final 2003 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 2003 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, and also posted them on the Council Web 
site (www.pcouncil.org).

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 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 biological opinions are 
incidental take statements that specify the level of take that is 
exempted from the section 9 prohibitions of the ESA. Some of the 
biological opinions have concluded that implementation of the Salmon 
FMP is not likely to jeopardize the continued existence of certain 
listed ESUs. Other biological opinions 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 7, 2003, letter to the 
Council, NMFS provided the Council with ESA consultation standards and 
guidance for the management of stocks listed under the ESA in 
preparation for the 2003 management season in order to ensure that the 
Council recommendations comply with the ESA.
    Estimates of the 2002 spawning escapements for key stocks managed 
under the Salmon FMP and preseason estimates of 2003 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.
    California coastal chinook is listed as a threatened species under 
the ESA. 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 
projected annual ocean harvest rate on age-4 Klamath River fall chinook 
not exceed 0.16. The annual age-4 harvest rate is reported as the 
landings of age-4 Klamath River fall chinook from September 1 of the 
previous year through August 31 of the

[[Page 23915]]

current year divided by the estimated abundance of age-4 fish on 
September 1 of the previous year. The standard is intended to prevent 
harvest impacts on California coastal chinook from increasing 
substantially above levels that occurred between 1996-1999. The ocean 
harvest rate on Klamath River fall chinook is 0.16 for the Council's 
2003 recommendation.
    NMFS' consultation standard requires an exploitation rate of no 
more than 15 percent for Oregon coastal natural (OCN) coho, and no more 
than 13 percent for Rogue/Klamath coho. The Council's recommendations 
were 14.4 percent and 9.6 percent, respectively. The 2003 ocean 
abundance estimate for OCN is 117,900 coho, which is 164 percent of the 
2002 preseason prediction of 71,800 coho, and 39 percent of the post-
season estimate of 304,500 coho.
    The Lower Columbia River (LCR) chinook ESU is comprised of a spring 
component, a far north-migrating bright component (Brights have a 
relatively long time interval between freshwater entry and spawning and 
are primarily destined for areas higher in the Columbia River 
drainage.), and a component of north-migrating tules (Tules spawn 
within a few weeks of river return, most to production areas lower in 
the drainage, and are distinguished by their darker color and advanced 
state of maturation.). LCR tule stocks are impacted substantially in 
Council fisheries, with the spring stocks and the bright component of 
the ESU impacted to a lesser degree. There are four self-sustaining 
populations of tule chinook in the Lower Columbia River (Coweeman, East 
Fork Lewis, Clackamas, and Sandy) that are not substantially influenced 
by hatchery strays. The current ESA consultation standards constrain 
the exploitation rate on LCR chinook to a Rebuilding Exploitation Rate 
(RER) for the Coweeman population to not more than 49 percent. The 
Council's 2003 recommendations have an estimated exploitation rate of 
47 percent. This constraint was one of the major drivers for 
formulating Council fisheries this year.
    Snake River wild fall chinook are listed under the ESA as a 
threatened species. 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 Adult Equivalent (AEQ) 
exploitation rate on age-3 and age-4 adults for the combined Southeast 
Alaska, Canadian, and Council fisheries is not more than 70 percent of 
that observed during the 1988-1993 base period. The Council's 2003 
recommendations, combined with expected impacts in Southeast Alaska and 
Canada fisheries, have an estimated age \3/4\ AEQ exploitation rate 
that is 67 percent of that observed during the 1988-1993 base period. 
In the last few years Snake River wild fall chinook have not been a 
driver in formulating Council fisheries, primarily due to low Canadian 
impacts. However, with some West Coast chinook stocks increasing in 
abundance, Canadian catch restrictions, especially in troll fisheries, 
have been easing. As a result, in the last 2 years the Snake River fall 
chinook age \3/4\ AEQ exploitation rate across all ocean fisheries has 
increased and is now close to the ESA limit.
    This is the fourth year that NMFS provided guidance to the Council 
related to the Puget Sound chinook ESU. 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 that the exploitation rates from Council-
managed fisheries on Puget Sound chinook populations will range from 
zero to eight percent. 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 is evaluating the ``Puget Sound Comprehensive Chinook 
Management Plan: Harvest Management Component as a Resource Management 
Plan'' for Puget Sound chinook under the ESA 4(d) rule (RMP). The RMP, 
jointly developed by the Washington Department of Fish and Wildlife 
(WDFW) and the Puget Sound Treaty Tribes, includes stock-specific 
harvest management objectives for Puget Sound chinook. NMFS has 
determined the 2003 ocean and inside fisheries are consistent with the 
RMP, and determined preliminarily that the RMP is consistent with the 
4(d) rule. NMFS plans to complete its final 4(d) determination and 
biological opinion of Council fisheries by the end of May. Ultimately, 
fisheries will be managed consistent with NMFS' final 4(d) 
determination and biological opinion. In the unlikely event that NMFS' 
ultimate conclusion is that management measures regarding Puget Sound 
chinook are required beyond those being adopted by NMFS for the Council 
area fisheries and the measures planned by the state and tribes for the 
inside Puget Sound fisheries, such measures can be implemented through 
further adjustments to either Council salmon fisheries, or Puget Sound 
salmon fisheries which are not regulated by the Council.

Management Measures for 2003 Fisheries

    The Council recommended ocean harvest levels and management 
measures for 2003 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 and U.S. obligations to Indian tribes with federally 
recognized fishing rights, and U.S. international obligations regarding 
Pacific salmon. Accordingly, NMFS has adopted them.
    North of Cape Falcon, OR, the 2003 management measures have a 
slightly lower chinook quota and substantially higher coho quota 
relative to the 2002 season. The total allowable catch for 2003 is 
124,000 chinook and 300,000 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

[[Page 23916]]

north and are affected insignificantly by ocean harvests from Cape 
Falcon, OR to the U.S.-Canada border. North of Cape Alava, WA, this is 
the second year there is a provision prohibiting retention of chum 
during August and September to protect ESA listed Hood Canal summer 
chum.
    South of Cape Falcon, OR, the retention of coho is prohibited, 
except for a recreational selective fishery off Oregon with an 88,000-
fish quota of marked hatchery coho. The Council's recommendations are 
below the 15-percent exploitation rate permitted under Amendment 13 to 
protect listed OCN coho stocks, with an expected 14.4-percent OCN coho 
exploitation rate. The expected ocean exploitation rate for Rogue/
Klamath coho is 9.6 percent, and is also below its exploitation rate 
limit of 13 percent. Chinook fisheries are constrained primarily to 
meet the ESA standards for California coastal chinook and Sacramento 
River winter chinook. However, most areas will have an increase in 
opportunity to catch chinook given the high forecasts in ocean 
abundance for most stocks.

Treaty Indian Fisheries

    The treaty-Indian commercial troll fishery quota is 60,000 chinook 
in ocean management areas and Washington State Statistical Area 4B 
combined, the same as in 2002. 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 90,000 coho, a 50-percent increase from 2002.

Management Measures for 2004 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 2004 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 2004 as indicated in the season description section. At the November 
2003 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, OR, and in the 
recreational season for all salmon except coho between Point Arena and 
Pigeon Point, CA. At the March 2004 meeting, the Council may consider 
inseason recommendations to open commercial seasons for all salmon 
except coho prior to May 1 in areas off California between Horse 
Mountain and Point Arena, CA and identify the areas, season, quota, and 
special regulations for any experimental April fisheries, which may be 
proposed at the Council's November 2003 meeting.

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 2003 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 here for 2003 and, as specified, 
for 2004.

Section 1. Commercial Management Measures for 2003 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, OR

U.S.-Canada Border to Cape Falcon, OR

    May 1 through earlier of June 30 or 40,000 chinook quota. The 
fishery will be managed to provide a remaining quota of 800 chinook for 
a June 26-30 open period with a 50 fish per vessel landing limit for 
the five-day open period. All salmon except coho (B; C.6). Cape 
Flattery and Columbia Control Zones closed (C.4). See gear restrictions 
(C.2). Vessels must land and deliver their fish within the area or in 
Garibaldi, OR, and within 24 hours of any closure of this fishery. 
State regulations require that fishers south of Cape Falcon, OR 
intending to fish within this area, and/or fishers fishing within this 
area intending to land salmon in Garibaldi, OR, notify Oregon 
Department of Fish and Wildlife (ODFW) before transiting the Cape 
Falcon, OR line (45[deg]46'00'' N. lat.) at the following phone number: 
(541) 867-0300 Ext. 252. Inseason actions may modify harvest guidelines 
in later fisheries to achieve or prevent exceeding the overall 
allowable troll harvest impacts (C.7.a).
    July 3 through earlier of September 14 or 24,400-preseason chinook 
guideline (C.7.a), or a 75,000 coho quota. Fishery is 5-days open/2-
days closed. Landing limit of 75 chinook per vessel for the period July 
3-7; landing limit of 150 chinook per 5-day open period for the 
remainder of the season. All salmon except no chum retention north of 
Cape Alava, WA during August and September (B; C.6). All retained coho 
must have a healed adipose fin clip. Cape Flattery and Columbia Control 
Zones closed; Grays Harbor Control Zone closed beginning August 16 
(C.4). See gear restrictions (C.2). Vessels must land and deliver their 
fish within the area or in Garibaldi, OR, and within 24 hours of any 
closure of this fishery. State regulations require fishers south of 
Cape Falcon, OR intending to fish within this area, and/or fishers 
fishing within this area intending to land salmon in Garibaldi, OR, 
notify ODFW before transiting the Cape Falcon, OR line (45[deg]46'00'' 
N. lat.) 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, OR

Cape Falcon, OR to Florence South Jetty

    March 15 through July 16; August 1 through August 19 and September 
1 through October 31 (C.8). All salmon except coho (C.6). Chinook 26-
inch (66.0-cm) minimum size limit, except 27 inches (68.6 cm) May 1 
through September 30 and 28 inches (71.1 cm) October 1 through October 
31 (B). See gear restrictions (C.2), and Oregon state regulations for a 
description of the closed area at the mouth of Tillamook Bay, OR.
    In 2004, the season will open March 15 for all salmon except coho. 
Chinook 26-inch minimum size limit. This opening could be modified 
following Council review at its November 2003 meeting.

Florence South Jetty to Humbug Mountain, OR

    March 15 through June 30; July 17 through July 31; August 11 
through August 29; and September 1 through October 31 (C.8). All salmon 
except coho (C.6). Chinook 26-inch (66.0-cm) minimum size limit, except 
27 inches (68.6 cm) May 1 through September 30 and 28 inches (71.1 cm) 
October 1 through October 31 (B). See gear restrictions (C.2).
    In 2004, the season will open March 15 for all salmon except coho. 
Chinook

[[Page 23917]]

26-inch minimum size limit. This opening could be modified following 
Council review at its November 2003 meeting.

Humbug Mountain, OR to Oregon-California Border

    March 15 through May 31. All salmon except coho. See gear 
restrictions (C.2).
    June 1 through earlier of June 30 or 2,500-chinook quota.
    July 1 through earlier of July 31 or 1,200-chinook quota.
    August 1 through earlier of August 29 or 2,500-chinook quota.
    September 1 through earlier of September 30 or 3,000-chinook quota 
with a chinook 28 inch (71.1 cm) minimum size limit (B).
    No transfer of remaining quota from earlier fisheries allowed 
(C.8). All salmon except coho. Possession and landing limit of 50 fish 
per trip June 1 through August 29; 65 fish per trip September 1-30. See 
gear restrictions (C.2). June 1 through September 30 all salmon must be 
landed and delivered to Gold Beach, Port Orford, or Brookings, OR and 
within 24 hours of closure.
    In 2004, the season will open March 15 for all salmon except coho. 
Chinook 26-inch (66.0 cm) minimum size limit. This opening could be 
modified following Council review at its November 2003 meeting.

Oregon-California Border to Humboldt South Jetty

    September 1 through earlier of September 30 or 10,000 chinook 
quota. All salmon except coho (B). Possession and landing limit of 40 
fish per day. All fish caught in this area must be landed within the 
area and within 24 hours of any closure. See gear restrictions (C.2). 
Klamath Control Zone closed (C.4.d). When the fishery is closed between 
the OR-CA border and Humbug Mountain, OR 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.

Horse Mountain to Point Arena, CA (Fort Bragg)

    May 1 through May 31, July 3-14; July 18 through September 30. All 
salmon except coho (B). No possession or landing limit, or area landing 
restriction except: July 3-14 possession and landing limit of 150 fish 
per day per vessel and all fish caught in this area must be landed 
within the area and within 24 hours of any closure. See gear 
restrictions (C.2).

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

    October 1 through October 17, Monday through Friday. All salmon 
except coho (B). See gear restrictions (C.2).

Pigeon Point, CA to U.S.-Mexico Border

    May 1 through September 30. All salmon except coho (B). See gear 
restrictions (C.2).
B. Minimum Size (Inches) (See C.1)

----------------------------------------------------------------------------------------------------------------
                                               Chinook                          Coho
         Area (when open)         ----------------------------------------------------------------      Pink
                                    Total length      Head-off      Total length      Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR.........            28.0            21.5            16.0            12.0  None.
C. Falcon to Humbug Mt., OR:
    Prior to May 1...............            26.0            19.5  ..............  ..............  None.
    May 1-September 30...........            27.0            20.5  ..............  ..............  None.
    October 1-31.................            28.0            21.5  ..............  ..............  None.
Humbug Mt. to OR/CA Border:
    Prior to September 1.........            26.0            19.5  ..............  ..............  None.
    September 1-30...............            28.0            21.5  ..............  ..............  None.
South of OR/CA Border............            26.0            19.5  ..............  ..............  None.
----------------------------------------------------------------------------------------------------------------
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, 19.5 in=49.5 cm, 16.0
  in=40.6 cm, and 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. Cape Falcon, OR to the Oregon/California border: No more than 4 
spreads are allowed per line.
    Spread defined: A single leader connected to an individual lure or 
bait.
    c. Oregon/California border to U.S./Mexico border: 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, WA 
(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, WA, 48[deg]10'00'' N. 
lat., and east of 125[deg]05'00'' W. long.
    b. Grays Harbor Control Zone: The area defined by a line drawn from 
the Westport Lighthouse (46[deg]53'18'' N. lat., 124[deg]07'01'' W. 
long.) to Buoy 2 (46[deg]52'42'' N. lat., 124[deg]12'42'' W. 
long.) to Buoy 3 (46[deg]55'00'' N. lat., 124[deg]14'48'' W. 
long.) to the Grays Harbor North Jetty (46[deg]36'00'' N. lat., 
124[deg]10'51'' W. long.).
    c. 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

[[Page 23918]]

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.
    d. 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, measured from the tip of the lower jaw with 
the mouth closed to the extreme end of the middle of the tail, and must 
be landed with the 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-June troll 
seasons and after June 30 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 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. Halibut retained 
must be no less than 32 inches (81.3 cm) in total length (with head 
on).
    A ``C-shaped'' yelloweye rockfish conservation area is an area to 
be avoided for salmon troll fishing. NMFS and the Council request that 
salmon trollers voluntarily avoid this area in order to protect 
yelloweye rockfish. The area is defined in the Pacific Council Halibut 
Catch Sharing Plan in the North Coast subarea (WA marine area 3), with 
the following coordinates in the order listed:

48[deg]18' N. lat.; 125[deg]18' W. long;
48[deg]18' N. lat.; 124[deg]59' W. long;
48[deg]11' N. lat.; 124[deg]59' W. long;
48[deg]11' N. lat.; 125[deg]11' W. long;
48[deg]04' N. lat.; 125[deg]11' W. long;
48[deg]04' N. lat.; 124[deg]59' W. long;
48[deg]00' N. lat.; 124[deg]59' W. long;
48[deg]00' N. lat.; 125[deg]18' W. long;
and connecting back to 48[deg]18' N. lat.; 125[deg]18' W. long.

    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. Any chinook remaining in the May-June non-Indian commercial 
troll harvest guideline north of Cape Falcon, OR may be transferred to 
the July-September harvest guideline on a fishery impact equivalent 
basis.
    b. At the March 2004 meeting, the Council will consider inseason 
recommendations to: (1) open commercial seasons for all salmon except 
coho prior to May 1 in the area between Horse Mountain and Point Arena, 
CA and (2) identify the areas, season, quota, and special regulations 
for any experimental April fisheries (experimental fishery proposals 
must meet Council protocol and be received in November 2003).
    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 California Department of Fish and Game 
Code, Section 8232.5, the definition of the Klamath Management Zone for 
the ocean salmon season shall be that area from Humbug Mountain, OR to 
Horse Mountain, CA.

Section 2. Recreational Management Measures for 2003 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, OR

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

    June 22 through earlier of September 14 or 23,400 coho subarea 
quota with a subarea guideline of 3,900 chinook.
    All salmon except no chum retention north of Cape Alava, WA August 
1 through September 14; open 7 days per week, 2 fish per day, only one 
of which may be a chinook (chinook 26-inch (66.0 cm) minimum size 
limit) (B), plus one additional pink salmon. All retained coho must 
have a healed adipose fin clip. See gear restrictions (C.2). Chinook 
non-retention east of the Bonilla-Tatoosh line (C.3.d) during Council 
managed ocean fishery, except chinook retention allowed July 1 through 
July 31. Inseason management may be used to sustain season length and 
keep harvest within the overall chinook recreational TAC for north of 
Cape Falcon, OR (C.4).

Cape Alava to Queets River, WA (La Push Area)

    June 22 through earlier of September 14 or 5,750 coho subarea quota 
with a subarea guideline of 2,300 chinook; September 20 through earlier 
of October 5 or 100 coho quota or 100 chinook quota; Fishing allowed 
only inside an area defined by a line from Teahwhit Head 
(47[deg]52'24'' N. lat., 124[deg]36'36'' W. long.) northwesterly to 
``Q'' buoy (47[deg]53'08'' N. lat., 124[deg]40'34'' W. long.) to Cake 
Rock (47[deg]56'00'' N. lat., 124[deg]41'12'' W. long.) then true east 
to the shoreline (C.5).
    All salmon, open 7 days per week, 2 fish per day, only one of which 
may be a chinook (chinook 26-inch (66.0cm) minimum size limit)(B), plus 
one additional pink salmon. All retained coho must have a healed 
adipose fin clip. See gear restrictions (C.2). Inseason management may 
be used to sustain season length and keep harvest within the overall 
chinook recreational quota for north of Cape Falcon, OR (C.4).

Queets River to Leadbetter Point, WA (Westport Area)

    June 22 through earlier of September 14 or 83,250 coho subarea 
quota with a subarea guideline of 40,600 chinook. Open Sunday through 
Thursday. All salmon, 2 fish per day, only one of

[[Page 23919]]

which may be a chinook (chinook 26-inch (66.0 cm) minimum size 
limit)(B). All retained coho must have a healed adipose fin clip. See 
gear restrictions (C.2). Grays Harbor Control Zone closed beginning 
August 16 (C.3.b). Inseason management may be used to sustain season 
length and keep harvest within the overall chinook recreational quota 
for north of Cape Falcon, OR (C.4).

Leadbetter Point, WA to Cape Falcon, OR (Columbia River Area)

    June 29 through earlier of September 30 or 112,500 coho subarea 
quota with a subarea guideline of 12,700 chinook. Open Sunday through 
Thursday. An inseason conference call (see 50 CFR 660.409(b)(1)) will 
be scheduled for a day no later than August 6 to discuss opening 7 days 
per week. All salmon. Two fish per day, only one of which may be a 
chinook (chinook 26-inch (66.0-cm) minimum size limit)(B). All retained 
coho must have a healed adipose fin clip. See gear restrictions (C.2). 
Columbia Control Zone closed (C.3.a). Closed between Cape Falcon, OR 
and Tillamook Head beginning August 1. Inseason management may be used 
to sustain season length and keep harvest within the overall chinook 
recreational quota for north of Cape Falcon, OR (C.4). South of Cape 
Falcon, OR

Cape Falcon to Humbug Mountain, OR

    Except as provided below during the selective fishery for marked 
coho, the season will be March 15 through October 31 (C.5). All salmon 
except coho (B). Open 7 days per week, 2 fish per day. See gear 
restrictions (C.2). See Oregon State regulations for a description of a 
closure at the mouth of Tillamook Bay, OR (C.5).
    In 2004, the season will open March 15 for all salmon except coho. 
Open 7 days per week, 2 fish per day, and the same gear restrictions as 
in 2003 (C.2). This opening could be modified following Council review 
at its November 2003 meeting.
    Selective fishery for marked coho: June 21 through earlier of 
August 24 or a landed catch of 88,000 coho. Open 7 days per week. All 
salmon (B). 2 fish per day. All retained coho must have a healed 
adipose fin clip. Open days may be adjusted inseason to utilize the 
available quota (C.4). All salmon except coho season reopens the 
earlier of August 25 or attainment of the coho quota.

Humbug Mountain, OR to Horse Mountain, CA (Klamath Management Zone)

    May 17 through September 14. All salmon except coho (B). Open 7 
days per week, 2 fish per day. See gear restrictions (C.2). Klamath 
Control Zone closed (C.3.c).

Horse Mountain to Point Arena, CA (Fort Bragg)

    February 15 through November 16. All salmon except coho. Open 7 
days per week, 2 fish per day. Chinook minimum size limit 24 inches 
(61.0 cm) through April 30, and 20 inches (50.8 cm) thereafter (B). See 
gear restrictions (C.2).
    In 2004, season opens February 14 (nearest Saturday to February 15) 
for all salmon except coho. Open 7 days per week, 2 fish per day, 
chinook 24 inch minimum (61.0 cm) size limit (B), and the same gear 
restrictions as in 2003 (C.2).

Point Arena to Pigeon Point, CA (San Francisco)

    April 12 through November 9. All salmon except coho. Open 7 days 
per week, 2 fish per day. Chinook minimum size limit 24 inches (61.0 
cm) through April 30, and 20 inches (50.8 cm) thereafter (B). See gear 
restrictions (C.2).
    In 2004, the season will open April 17 for all salmon except coho. 
Open 7 days per week, 2 fish per day, chinook 24 inch minimum (61.0 cm) 
size limit (B) and the same gear restrictions as in 2003 (C.2).

Pigeon Point, CA to U.S.-Mexico Border

    March 29 through September 28. All salmon except coho. Open 7 days 
per week, 2 fish per day. Chinook minimum size limit 24 inches (61.0 
cm) through April 30, and 20 inches (50.8 cm) thereafter (B). See gear 
restrictions (C.2).
    In 2004, the season will open April 3 for all salmon except coho. 
Open 7 days per week, 2 fish per day, chinook 24 inch (61.0 cm) minimum 
size limit (B) and the same gear restrictions as in 2003 (C.2).
B. Minimum Size (Total Length in Inches) (See C.1)

----------------------------------------------------------------------------------------------------------------
            Area (when open)                Chinook        Coho                         Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR................         24.0         16.0  None.
Cape Falcon to Horse Mt., CA............         20.0         16.0  None, except 20.0 off CA.
S. 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, CA: 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, OR may allow the use of barbed 
hooks to be consistent with inside regulations.)
    b. Cape Falcon, OR to Point Conception, CA: Anglers must use no 
more than 2 single point, single shank, barbless hooks.
    c. Horse Mountain to Point Conception, CA: 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.

[[Page 23920]]

    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. Grays Harbor Control Zone: The area defined by a line drawn from 
the Westport Lighthouse (46[deg]53'18'' N. lat., 124[deg] 07'01'' W. 
long.) to Buoy 2 (46[deg]52'42'' N. lat., 124[deg]12'42'' W. 
long.) to Buoy 3 (46[deg]55'00'' N. lat., 124[deg]14'48'' W. 
long.) to the Grays Harbor north jetty (46[deg]36'00''N. lat., 
124[deg]10'51'' W. long.).
    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).
    d. Bonilla-Tatoosh Line: Defined as a line running from the western 
end of Cape Flattery, WA 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, B.C.
    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, OR 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, OR.
    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 2003 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

----------------------------------------------------------------------------------------------------------------
                                                                               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      30 or chinook      All...................        24      16   fixed lines per
 48[deg]02'15'' N. lat.           quota.                                                        boat or no more
 (Norwegian Memorial) and east   July 1 through                                                 than 4 hand-held
 of 125[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            30 or chinook      All...................        24      16   fixed lines per
 47[deg]31'42'' N. lat. (Queens   quota.                                                        boat.
 River) and east of              July 1 through
 125[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           30 or chinook      All...................        24      16   fixed lines per
 47[deg]21'00'' N. lat.           quota.                                                        boat.
 (Quinault River) and east of    July 1 through
 125[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           July 1 through
 125[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. There are no 
minimum size or retention limits for ceremonial and subsistence 
harvest.
    B.3. The Quileute Tribe will continue a ceremonial and subsistence 
fishery during the time frame of September 15 through October 15 in the 
same manner as in 2002; fish taken during this fishery are to be 
counted against treaty Indian ocean troll quotas established for the 
July through September 2003 season (see C. below).
    B.4. The area within a 6-nautical mile (11.1-km) radius of the 
mouths of the Queets River, WA (47[deg]31'42'' N. lat.) and

[[Page 23921]]

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 
90,000 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 15.

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 2003 Pacific 
halibut management measures were published in the Federal Register on 
March 7, 2003 (68 FR 10989). 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 the 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) total length. 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.
    A ``C-shaped'' yelloweye rockfish conservation area is an area to 
be avoided for salmon troll fishing. NMFS and the Council request that 
salmon trollers voluntarily avoid this area in order to protect 
yelloweye rockfish. The area is defined in the Pacific Council Halibut 
Catch Sharing Plan in the North Coast subarea (WA marine area 3) (See 
section 1.C.6. for the coordinates).

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 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, WA.....................  48[deg]23'00'' N. lat.
Cape Alava, WA........................  48[deg]10'00'' N. lat.
Queets River, WA......................  47[deg]31'42'' N. lat.
Leadbetter Point, WA..................  46[deg]38'10'' N. lat.
Cape Falcon, OR.......................  45[deg]46'00'' N. lat.
Florence South Jetty..................  44[deg]00'54'' N. lat.
Humbug Mountain, OR...................  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, CA....................  40[deg]05'00'' N. lat.
Point Arena, CA.......................  38[deg]57'30'' N. lat.
Point Reyes, CA.......................  37[deg]59'44'' N. lat.
Point San Pedro, CA...................  37[deg]35'40'' N. lat.
Pigeon Point, CA......................  37[deg]11'00'' N. lat.
Point Conception, CA..................  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 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 the 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. These regulations are being 
promulgated under the authority of 16 U.S.C. 1855(d).
    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause

[[Page 23922]]

under 5 U.S.C. 553(b)(B), to waive the requirement for prior notice and 
opportunity for public comment.
    The annual salmon management cycle begins May 1 and continues 
through April 30 of the following year. May 1 was chosen because the 
pre-May harvests constitute a relatively small portion of the annual 
catch. The time-frame of the preseason process for determining the 
annual modifications to ocean salmon fishery management measures 
depends on when the pertinent biological data are available. Salmon 
stocks are managed to meet annual spawning escapement goals or specific 
exploitation rates. Achieving either of these objectives requires 
designing management measures that are appropriate for the ocean 
abundance predicted for that year. These pre-season abundance 
forecasts, which are derived from the previous year's observed spawning 
escapement, vary substantially from year to year, and are not available 
until January and February because spawning escapement continues 
through the fall.
    The preseason planning and public review process associated with 
developing Council recommendations 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. This complex process includes the affected 
user groups, as well as the general public. The process is compressed 
into a 2-month period which culminates at the April Council meeting at 
which the Council adopts a recommendation that is forwarded to NMFS for 
review, approval and implementation of fishing regulations effective on 
May 1.
    As described earlier (see Schedule Used to Establish 2003 
Management Measures), the Council solicited public comment on its 
proposed management options and notified the public of the measures it 
recommended to NMFS 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 recommendations 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; and 
meetings held by the 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 opportunity for prior notice and public comments on the 
Council's recommended measures through a proposed and final rulemaking 
process would require 30 to 60 days in addition to the 2-month period 
required for development of the regulations. Delaying implementation of 
annual fishing regulations, which are based on the current stock 
abundance projections, for an additional 60 days would require that 
fishing regulations for May and June be set in the previous year 
without knowledge of current stock status. Although this is currently 
done for fisheries opening prior to May, relatively little harvest 
occurs during that period (e.g., in 2002 less than 10 percent of 
commercial and recreational harvest occurred prior to May 1). Allowing 
the much more substantial harvest levels normally associated with the 
May and June seasons to be regulated in a similar way would impair 
NMFS' ability to protect weak and ESA listed stocks and provide harvest 
opportunity where appropriate. The choice of May 1 as the beginning of 
the regulatory season balances the need to gather and analyze the data 
needed to meet the management objectives of the Salmon FMP and the 
requirements to provide adequate public notice and comment on the 
regulations implemented by NMFS. Providing for notice and public 
comment on the Council's recommendations, in addition to that provided 
for through the Council process, is therefore impracticable and 
contrary to the public interest.
    Overall, the annual population dynamics of the various salmon 
stocks require 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, or result in foregone 
opportunity to harvest stocks whose abundance has increased relative to 
the previous year thereby undermining the purpose of this agency 
action. For example, the increase in ocean abundance projected for 
certain coho stocks in 2003 allows for a commercial chinook fishery in 
the Fort Bragg area for the entire month of May that was not possible 
in 2002. North of Cape Falcon the estimated chinook ocean abundance in 
2003 is down from last year. As a result, the 2003 fisheries are 
subject to additional constraints. The 2002 regulations included an 
all-salmon-except-coho recreational fishery in May and June. In 2003, 
as a result of the decreased chinook abundance, there is no May-June 
recreational chinook fishery. The recreational size limit for chinook 
north of Cape Falcon also changed from 24-inches total length, in 2002, 
to 26-inches for 2003. The commercial May-June chinook fishery had a 
quota of 50,000 fish in 2002. In 2003 the May-June chinook quota was 
reduced to 40,000 fish because of the lower overall abundance. 
Requiring 2003 fisheries north of Cape Falcon to operate under the 2002 
regulations during the May-June time frame would again compromise the 
status of certain stocks or constrain later season fisheries that were 
structured to provide opportunity to harvest a relative abundant coho 
run. 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 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 final 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 is also posting the 
regulations on both of its West Coast regional Web sites 
(www.nwr.noaa.gov and swr.nmfs.noaa.gov). NMFS is also advising the 
States of Washington, Oregon, and California on the new management 
measures. These states announce the seasons for applicable

[[Page 23923]]

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 and issued biological opinions, and made determinations 
under section 4(d) of the ESA (Table 1), 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' Endangered Species Act Consultations and Section 4(d)
 Determinations Related to Ocean Fisheries Implemented Under the Salmon
         FMP and Duration of the Proposed Action Covered by Each
------------------------------------------------------------------------
                                         Evolutionarily significant unit
                 Date                     covered and effective 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........................  Hood Canal summer chum 4(d)
                                         limit and associated biological
                                         opinion (until reinitiated).
April 30, 2001........................  Lower Columbia River chinook,
                                         Upper Willamette River chinook,
                                         Upper Columbia River spring
                                         chinook, Ozette Lake sockeye,
                                         ten steelhead ESUs, Columbia
                                         River chum (until reinitiated).
April 29, 2002........................  Sacramento River winter chinook
                                         (2 years).
Estimated approval in May, 2003.......  Puget Sound chinook 4(d) limit
                                         and associated biological
                                         opinion (1 year).
------------------------------------------------------------------------

    Associated with the biological opinions 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 biological opinions have concluded that implementation of the 
Salmon FMP is not likely to jeopardize the continued existence of 
certain listed ESUs. Other biological opinions 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 7, 2003, letter to the Council, NMFS provided the 
Council with ESA consultation standards and guidance for the management 
of stocks listed under the ESA. These management measures meet those 
standards.
    For the Puget Sound chinook, NMFS is now completing its final 
review of a RMP for the 2003 fisheries submitted by the WDFW and Puget 
Sound Treaty Tribes under the ESA 4(d) rule. The state and tribes 
manage their Council-area and inside Puget Sound fisheries as a package 
in coordination with the Council and NMFS to ensure that all impacts 
are accounted for and that conservation constraints are met. NMFS has 
determined that the management measures for the ocean salmon fisheries 
are consistent with the State and Tribal RMP, and preliminarily that 
the RMP is consistent with the 4(d) rule. NMFS plans to complete the 
final determinations on the RMP, and the associated biological opinion 
before the end of May.
    Pending completion of the biological opinion on Puget Sound chinook 
that will cover the ocean fishery, NMFS has concluded, pursuant to ESA 
section 7(d), that impacts associated with Council fisheries expected 
to occur before the end of May would not constitute an irreversible or 
irretrievable commitment of resources with respect to the agency action 
which has the effect of foreclosing the formulation or implementation 
of any reasonable and prudent alternative. Impacts are expected to 
occur in the May fisheries are quite limited and well within the 
population-specific impact limits that NMFS provided to the Council as 
part of their guidance on ESA harvest limits. As a result, in the 
unlikely event that additional conservation measures were to be needed, 
NMFS would have sufficient flexibility to adjust fisheries, if 
necessary, as the consultation process is completed.
    The Council's recommended management measures are consistent with 
the biological opinions that find no jeopardy, the reasonable and 
prudent alternatives in the jeopardy biological opinions, and the terms 
of the State and Tribal RMPs.

    Authority: 16 U.S.C. 773-773k; 1801 et seq.

    Dated: April 30, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-11083 Filed 5-1-03; 11:02 am]
BILLING CODE 3510-22-P