[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Rules and Regulations]
[Pages 25026-25036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10209]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429135-4135-01; I.D. 042204G]
RIN 0648-AS03


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; 2004 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 2004 
ocean salmon fisheries off Washington, Oregon, and California and the 
2005 salmon seasons opening earlier than May 1, 2005. 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 to provide for inside fisheries (fisheries 
occurring in state internal waters).

DATES: Effective from 0001 hours Pacific Daylight Time, May 1, 2004, 
until the effective date of the 2005 management measures, as published 
in the Federal Register. Comments must be received by May 20, 2004.

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 can also be submitted via e-mail at the 
[email protected] address, or through the internet at 
the Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments, and include [docket number and/or 
RIN number] in the subject line of the message.
    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, and are posted on its website 
(www.pcouncil.org).
    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 David Rostker, Office of Management 
and Budget (OMB), by e-mail at [email protected], or by 
facsimile (fax) at (202) 395-7285

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 2004 and pre-May 2005 ocean 
salmon fisheries were recommended by the Pacific Fishery Management 
Council (Council) at its April 5 to 9, 2004, meeting.

Schedule Used to Establish 2004 Management Measures

    The Council announced its annual preseason management process for 
the 2004 ocean salmon fisheries in the Federal Register on January 6, 
2004 (69 FR 629). This notice 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 scientific information first necessary 
for crafting management measures for the 2004 and pre-May 2005 ocean 
salmon fishery became available. The first report, ``Review of 2003 
Ocean Salmon Fisheries'' (REVIEW), summarizes biological and socio-
economic data for the 2003 ocean salmon fisheries and assesses how well 
the Council's 2003 management objectives were met. The second report, 
``Preseason Report I Stock Abundance Analysis for 2004 Ocean Salmon 
Fisheries'' (PRE I), provides the 2004 salmon stock abundance 
projections and analyzes the impacts on the stocks and Council 
management goals if the 2003 regulations and regulatory procedures were 
applied to the projected 2004 stock abundances. The completion of PRE I 
is the initial step in the evaluating the full suite of preseason 
options.
    The Council met in Tacoma, WA from March 8 to 12, 2004, to develop 
2004 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

[[Page 25027]]

Report II Analysis of Proposed Regulatory Options for 2004 Ocean Salmon 
Fisheries,'' which analyzes the effects of the proposed 2004 management 
options. This report was made available to the Council, its advisors, 
and the public.
    Public hearings, sponsored by the Council, to receive testimony on 
the proposed options were held on: March 29, 2004, in Westport, WA and 
Coos Bay, OR; and March 30, 2004, in Fort Bragg, 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 5 to 9, 2004, in Sacramento, CA, to 
adopt its final 2004 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 2004 Ocean Salmon Fisheries,'' which analyzes the 
environmental and socio-economic effects of the Council's final 
recommendations. This report was also 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 website (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 listing have occurred, NMFS has conducted formal ESA section 7 
consultations, issued biological opinions, and made determinations 
under section 4(d) of the ESA 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 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 and have 
provided incidental take statements. 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 5, 2004, 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 2004 management 
season in order to ensure that the Council recommendations comply with 
the ESA.
    Estimates of the 2003 spawning escapements for key stocks managed 
under the Salmon FMP and preseason estimates of 2004 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.
    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 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 greater than 70 percent 
of that observed during the 1988-1993 base period. The Council's 2004 
recommended fisheries, combined with expected impacts in Southeast 
Alaska and Canada fisheries, have an estimated age 3/4 AEQ exploitation 
rate that is 70 percent of that observed during the 1988-1993 base 
period. In the last few years Snake River wild fall chinook have not 
been a limiting factor in formulating Council fisheries, primarily 
because of low anticipated Canadian impacts. However, with some West 
Coast chinook stocks increasing in abundance, Canadian catch 
restrictions, especially in troll fisheries, have eased. The 2003 
Canadian fisheries caught twice as many chinook as was anticipated 
preseason. In 2004, the major Canadian troll fisheries are anticipated 
to land their Total Allowable Catch as allowed under the Pacific Salmon 
Treaty. As a result, the Canadian portion of the Snake River fall 
chinook age 3/4 AEQ exploitation rate is predicted to increase 
substantially. This increase in impact on Snake River fall chinook was 
a major constraint on fisheries north of Cape Falcon, OR.
    This is the fifth year that NMFS provided guidance to the Council 
related to the Puget Sound chinook ESU. NMFS' guidance for Puget Sound 
chinook stocks is expressed in terms of total or southern U.S. fishery 
exploitation rate ceilings or of 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, Civ. 
N. 70-9213 (W.D. Wash.) 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 occur, Council and Puget Sound fisheries are 
interconnected. Therefore, in adopting its regulations, the Council 
must recommend fisheries in the ocean that satisfy the requirement that 
the combined fisheries not appreciably reduce the likelihood of 
survival and recovery of the ESU. NMFS estimated that the exploitation 
rates from Council-managed fisheries on Puget Sound chinook populations 
will range from zero to 3 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 must be accounted for as part of an overall 
review.
    In May 2003, NMFS exempted fishery activities conducted in 
accordance with a Resource Management Plan (RMP) submitted under Limit 
6 of the 4(d) rule (65 FR 42422, 66 FR 31603) from ESA section 9 take 
prohibitions. This RMP will expire on May 1 of this year. NMFS is 
currently evaluating another RMP provided by the Washington Department 
of Fish and Wildlife and the Puget Sound Treaty tribes for the 2004-
2009 fishing years. NMFS has concluded, preliminarily, that the RMP 
poses no jeopardy to the Puget Sound chinook ESU. NMFS' preliminary 
conclusions regarding the proposed RMP have been released and are 
currently available for public review. A biological opinion was issued 
on April 29, 2004, that covers the effects of the 2004 Council area 
fisheries on Puget Sound chinook salmon. The biological opinion 
concludes that the ocean salmon fishery is not likely to jeopardize the 
Puget Sound chinook ESU.
    Sacramento River winter chinook are listed as endangered under the 
ESA. The Council's recommended management measures meet NMFS'

[[Page 25028]]

requirements for the stock established through the ESA section 7 
consultation process.
    Although management concerns for ESA listed stocks were a primary 
consideration in preseason planning, the conservation objectives of 
other stocks also constrained fishing in certain areas. The forecast 
September 1, 2003 (preseason) ocean abundance of Klamath River fall 
chinook salmon is 72,100 age-3 fish, 134,500 age-4 fish, and 9,700 age-
5 fish. The forecast abundance requires certain reductions in 2004 
commercial fishing opportunity south of Cape Falcon, OR, relative to 
the 2003 seasons, in order to achieve the conservation objective of 
35,000 natural Klamath River fall chinook adult spawners.
    The Canadian Department of Fisheries and Oceans forecast that the 
abundance of Interior Fraser (Thompson River) coho in Canada for 2004 
to be in the low status category. As a result, U.S. fisheries under the 
Southern Coho Management Plan, adopted by the Pacific Salmon Commission 
in February 2002, were constrained to an exploitation rate no greater 
than 10 percent. The development of coho fisheries north of Cape 
Falcon, OR was greatly influenced by the need to meet this obligation 
of the Pacific Salmon Treaty.

Management Measures for 2004 Fisheries

    The Council recommended ocean harvest levels and management 
measures for 2004 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 the 2004 management measures have a 
substantially lower chinook quota and slightly lower coho quota 
relative to the 2003 season. The total allowable catch for 2004 is 
89,000 chinook and 270,000 coho; these fisheries are restricted to 
protect depressed Lower Columbia River wild coho, Washington coastal 
coho, Puget Sound coho, Oregon Coastal Natural (OCN) coho, Interior 
Fraser coho, and Snake River fall chinook. Washington coastal and Puget 
Sound chinook generally migrate to the far north and are affected 
insignificantly by ocean harvests from Cape Falcon, OR to the U.S.-
Canada border. North of Cape Alava, WA, the Council recommends a 
provision prohibiting retention of chum salmon during August and 
September to protect ESA listed Hood Canal summer chum. The Council has 
recommended such a prohibition for the last three years.
    South of Cape Falcon, OR the retention of coho is prohibited, 
except for a recreational selective fishery off Oregon with a 75,000-
fish quota of marked hatchery coho. This year's selective fishery 
includes the southern coastal area of Oregon, which has not had any 
directed coho fishery since 1993. The Council's recommendations are 
below the 15-percent exploitation rate permitted under Amendment 13 to 
protect OCN coho stocks, with an expected 14.7-percent OCN coho 
exploitation rate. The expected ocean exploitation rate for Rogue/
Klamath coho is 8.6 percent, and is also below its exploitation rate 
limit of 13 percent. Chinook fisheries off Oregon and California are 
constrained to meet the conservation objective of Klamath River fall 
chinook and the ESA consultation standards for Sacramento River winter 
chinook.
    The 2004 management measures have a new definition that describes 
ocean ``boat limits'' in the recreational fishery. The provision allows 
each fisher aboard a vessel off the coast of Washington, Oregon, and 
California to continue to use angling gear until the combined daily 
limits of salmon for all licensed and juvenile anglers aboard has been 
attained. The purpose of this provision is to make Federal regulations 
consistent with the regulations of the above states. Washington has had 
a boat limit provision in place for a number of years, but Oregon and 
California have recently adopted such limits. The specific requirements 
are different in each state, but the intent is similar. Anglers should 
be aware that additional state restrictions may apply, in addition to 
the Federal regulation. Therefore, anglers should consult the specific 
regulations of their state for the exact language.

Treaty Indian Fisheries

    The treaty-Indian commercial troll fishery quota is 49,000 chinook 
in ocean management areas and Washington State Statistical Area 4B 
combined. This quota is lower than the 60,000 chinook quota in 2003. 
The fisheries include a chinook-directed fishery in May and June (under 
a quota of 22,500 chinook) and an all-salmon season beginning in July 
with a 26,500 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 75,000 coho, a 
decrease from the 90,000 coho quota in 2003.

Management Measures for 2005 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 2005 fishing seasons 
opening earlier than May 1 are also established in this action. The 
Council recommended, and NMFS concurs, that the recreational seasons 
off California from Horse Mountain, CA to the U.S.-Mexico Border and 
the commercial troll seasons from Cape Falcon, OR to the Oregon-
California Border will open in 2005 as indicated in the Season 
Description section. At the November 2004 meeting, the Council may 
consider inseason recommendations to adjust commercial and recreational 
salmon seasons prior to May 1 in areas off Oregon south of Cape Falcon. 
At the March 2005 meeting, the Council may consider inseason 
recommendations to open commercial seasons for all salmon, except for 
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 2004 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 2004 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. Inseason actions will 
also be filed with the Federal Register as soon as practicable.
    The following are the management measures recommended by the 
Council and approved and implemented here for 2004 and, as specified, 
for 2005.

[[Page 25029]]

Section 1. Commercial Management Measures for 2004 Ocean Salmon 
Fisheries

    Note: This section contains restrictions in parts A, B, and C that 
must be followed for lawful participation in the fishery. Each fishing 
area identified in part A specifies the fishing area by geographic 
boundaries from north to south, the open seasons for the area, the 
salmon species allowed to be caught during the seasons, and any other 
special restrictions effective in the area. Part B specifies minimum 
size limits. Part C specifies special requirements, definitions, 
restrictions and exceptions.

A. Season Description

North of Cape Falcon, OR

U.S.-Canada Border to Cape Falcon, OR
    May 1 through earlier of June 30 or 29,800 chinook quota. The 
fishery will be managed to provide a remaining quota of 500 chinook for 
a June 26 through 30 open period with a 50-fish, per vessel, landing 
limit for the 5-day open period. All salmon except coho (C.7). Cape 
Flattery, CA and Columbia Control Zones closed (C.5). See gear 
restrictions and definitions (C.2, C.3). Washington permitted vessels 
must land their fish within the area and within 24 hours of any closure 
of this fishery. Oregon permitted vessels must land their fish within 
the area or in Garibaldi, OR and within 24 hours of any closure of this 
fishery. State regulations require Oregon licensed limited fish sellers 
and fishers intending to transport and deliver their catch outside the 
area to notify Oregon Department of Fish and Wildlife (ODFW) one hour 
prior to transport away from the port of landing by calling 541-867-
0300, ext. 271. Notification shall include vessel name and number, 
number of salmon by species, location of delivery, and estimated time 
of delivery. Inseason actions may modify harvest guidelines in later 
fisheries to achieve or prevent exceeding the overall allowable troll 
harvest impacts (C.8).
    July 8 through earlier of September 15 or 14,700 preseason chinook 
guideline or a 67,500 coho quota (C.8). The 67,500 coho quota includes 
a subarea quota of 8,000 coho for the area between the U.S.-Canada 
border and the Queets River, WA. Fishery is open Thursday through 
Monday prior to August 11, and Wednesday through Sunday thereafter. 
Landing and possession limit of 125 chinook per vessel per five-day 
open period. An inseason conference call may occur no later than August 
10 to consider reducing the landing and possession limit beginning 
August 11. All salmon, except no chum retention north of Cape Alava, 
WA, in August and September (C.7). All retained coho must have a healed 
adipose fin clip. An inseason conference call may occur to consider 
allowing retention of all legal sized coho between Cape Falcon, OR and 
the Queets River, WA no earlier than September 1. Cape Flattery and 
Columbia Control Zones closed (C.5). See gear restrictions and 
definitions (C.2, C.3). Washington permitted vessels must land their 
fish within the area, and within 24 hours of any closure of this 
fishery. Oregon permitted vessels must land their fish within the area 
or in Garibaldi, OR, and within 24 hours of any closure of this 
fishery. State regulations require Oregon licensed limited fish sellers 
and fishers intending to transport and deliver their catch outside the 
area to notify ODFW one hour prior to transport away from the port of 
landing by calling 541-867-0300 ext. 271. Notification shall include 
vessel name and number, number of salmon by species, location of 
delivery, and estimated time of delivery. Trip limits, gear 
restrictions, and guidelines may be implemented or adjusted inseason 
(C.8).

South of Cape Falcon, OR

Cape Falcon to Florence South Jetty, OR
    March 15 through June 30; July 7 through 12; July 19 through 27; 
August 1 through 14; August 19 through 24; and September 1 through 
October 31 (C.9). All salmon except coho (C.7). Chinook 26 inch (66.0 
cm) total length minimum size limit prior to May 1, 27 inches (68.6 cm) 
total length May 1 through September 30, and 28 inches (71.1 cm) total 
length October 1 through 31 (B). See gear restrictions and definitions 
(C.2, C.3), and Oregon State regulations for a description of special 
regulations at the mouth of Tillamook Bay.
    In 2005, the season will open March 15 for all salmon except coho, 
with a 27 inch (68.6 cm) total length chinook minimum size limit. This 
opening could be modified following Council review at its November 2004 
meeting.
Florence South Jetty to Humbug Mountain, OR
    March 15 through July 6; July 13 through 18; July 26 through 29; 
August 1 through 8; August 15 through 22; August 26 through 29; and 
September 1 through October 31 (C.9). All salmon except coho (C.7). 
Chinook 26 inch (66.0 cm) total length minimum size limit prior to May 
1, 27 inches (68.6 cm) total length May 1 through September 30, and 28 
inches (71.1 cm) total length October 1 through 31 (B). See gear 
restrictions and definitions (C.2, C.3).
    In 2005, the season will open March 15 for all salmon except coho, 
with a 27 inch (68.6 cm) total length chinook minimum size limit. This 
opening could be modified following Council review at its November 2004 
meeting.
Humbug Mountain, OR, to Oregon-California Border
    March 15 through May 31. June 1 through earlier of June 30 or 2,600 
chinook quota; July 1 through earlier of July 31 or 1,600 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 
(C.9). All salmon except coho. Chinook 26 inch (66.0 cm) total length 
minimum size limit prior to May 1, 27 inches (68.6 cm) total length May 
1 through August 29, and 28 inches (71.1 cm) total length September 1 
through 30. No transfer of remaining quota from earlier fisheries 
allowed (C.9). Possession and landing limit of 50 fish per trip, per 
vessel June 1 through August 31, and 65 fish per trip per vessel in 
September. See gear restrictions and definitions (C.2, C.3). For 
seasons from June 1 through September 30, vessels must land their fish 
in Gold Beach, Port Orford, or Brookings, Oregon, and within 24 hours 
of closure. State regulations require fishers intending to transport 
and deliver their catch to other locations after first landing in one 
of these ports to notify ODFW prior to transport away from the port of 
landing by calling 541-867-0300, ext. 271, with vessel name and number, 
number of salmon by species, location of delivery, and estimated time 
of delivery.
    In 2005 the season will open March 15 for all salmon except coho, 
with a 27 inch (68.6 cm) total length minimum size limit. This opening 
could be modified following Council review at its November 2004 
meeting.
Oregon-California Border to Humboldt South Jetty
    September 1 through earlier of September 30 or 6,000 chinook quota. 
All salmon except coho. Chinook minimum size limit of 28 inches (71.1 
cm) total length. Possession and landing limit of 30 fish per day per 
vessel. All fish caught in this area must be landed within the area. 
See compliance requirements (C.1), and gear restrictions and 
definitions (C.2, C.3). Klamath Control Zone closed (C.5.). 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

[[Page 25030]]

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)
    July 10 through August 29; September 1 through 30. All salmon 
except coho. Chinook minimum size limit of 27 inches (68.6 cm) total 
length through August 31; 28 inches (71.1 cm) total length September 1 
through 30. Vessels must land and deliver their fish within 24 hours of 
any closure of this fishery. See gear restrictions and definitions 
(C.2, C.3).
Point Arena, CA to U.S.-Mexico Border
    May 1 through August 29; September 1 through 30. All salmon except 
coho. Chinook minimum size limit 26 inches (66.0 cm) total length prior 
to July 1 and 27 inches (68.6 cm) total length beginning July 1 through 
September 30. Vessels must land and deliver their fish within 24 hours 
of any closure of this fishery. See gear restrictions and definitions 
(C.2, C.3).
Point Reyes to Point San Pedro, CA
    October 1; October 4 through 8; and October 11 through 15. All 
salmon except coho. Chinook minimum size limit 26 inches (66.0 cm) 
total length. See gear restrictions and definitions (C.2, C.3).

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
 Beginning March 15, 2005................................               27.0               20.5                  -                  -               None
Humbug Mt., OR, to OR-CA Border                            .................  .................  .................  .................  .................
 Prior to May 1..........................................               26.0               19.5                  -                  -               None
 May 1-August 31.........................................               27.0               20.5                  -                  -               None
 September 1-30..........................................               28.0               21.5                  -                  -               None
 Beginning March 15, 2005................................               27.0               20.5                  -                  -               None
OR/CA Border to Pt. Arena, CA                              .................  .................  .................  .................  .................
 July 1-August 31........................................               27.0               20.5                  -                  -               None
 September 1-30..........................................               28.0               21.5                  -                  -               None
Pt. Arena, CA, to US-Mexico Border                         .................  .................  .................  .................  .................
 May 1-June 30...........................................               26.0               19.5                  -                  -               None
 July 1-September 30.....................................               27.0               20.5                  -                  -               None
 October 1-15............................................               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, 16.0in=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.
    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.
    C.3. Gear Definitions:
    a. 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.
    b. Troll fishing gear defined: 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.
    c. Spread defined: A single leader connected to an individual lure 
or bait.
    d. 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.
    C.4. 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 for which the area is closed are in 
possession.
    C.5. 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, WA south to Cape Alava, WA, 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.

[[Page 25031]]

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.6. 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.7. 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's 
(IPHC)(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 Washington Department of Fish 
and Wildlife (WDFW) will monitor landings. If the landings are 
projected to exceed the 44,554-lb (20.2-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 Pacific halibut per each 3 
chinook, except 1 Pacific halibut may be landed without meeting the 
ratio requirement, and no more than 35 halibut may be landed per trip. 
Pacific halibut retained must be no less than 32 inches (81.3 cm) in 
total length (with head on).
    NMFS and the Council request that salmon trollers voluntarily avoid 
a ``C-shaped'' yelloweye rockfish conservation 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.8. 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. Chinook remaining from the May through June non-Indian 
commercial troll harvest guideline north of Cape Falcon, OR may be 
transferred to the July through September harvest guideline on a 
fishery impact equivalent basis.
    b. NMFS may transfer fish between the recreational and commercial 
fisheries north of Cape Falcon, OR if there is agreement among the 
areas' representatives on the Salmon Advisory Subpanel.
    c. At the March 2005 meeting, the Council will consider inseason 
recommendations for special regulations for any experimental fisheries 
(proposals must meet Council protocol and be received in November 
2004).
    C.9. 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.10. 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 2004 Ocean Salmon 
Fisheries

    Note: This section contains restrictions in parts A, B, and C that 
must be followed for lawful participation in the fishery. Each fishing 
area identified in part A specifies the fishing area by geographic 
boundaries from north to south, the open seasons for the area, the 
salmon species allowed to be caught during the seasons, and any other 
special restrictions effective in the area. Part B specifies minimum 
size limits. Part C specifies special requirements, definitions, 
restrictions and exceptions.

A. Season Description

North of Cape Falcon, OR

U.S.-Canada Border to Cape Alava, WA (Neah Bay Subarea)
    June 27 through earlier of September 19 or 21,050 coho subarea 
quota, with a subarea guideline of 3,700 chinook. Seven days per week. 
All salmon, except no chum retention August 1 through September 19, two 
fish per day (C.1), no more than one of which may be a chinook (chinook 
26 inch (66.0 cm) total length minimum size limit)(B). All retained 
coho must have a healed adipose fin clip. See gear restrictions and 
definitions (C.2, C.3). Beginning August 1, chinook non-retention east 
of the Bonilla-Tatoosh line (C.4.c) during the Council managed ocean 
salmon fishery. Inseason management may be used to sustain season 
length and keep harvest within the overall recreational quota for north 
of Cape Falcon, OR (C.5).
Cape Alava to Queets River, WA (La Push Subarea)
    June 27 through earlier of September 19 or 5,200 coho subarea quota 
with a subarea guideline of 1,900 chinook; September 25 through October 
10 or 100 coho quota or 100 chinook quota in the area north of 
47[deg]50'00 N. lat. and south of 47[deg]58'00'' N. lat. in state 
waters (inside three nautical miles) (C.6). Seven days per week. All 
salmon, two fish per day (C.1), no more than one of which may be a 
chinook (chinook 26 inch (66.0 cm) total length minimum size limit)(B). 
All retained coho must have a healed adipose fin clip. See gear 
restrictions and definitions (C.2, C.3). Inseason management may be 
used to sustain season length and keep harvest within the overall 
chinook recreational quota for north of Cape Falcon (C.5).
Queets River to Leadbetter Point, WA (Westport Subarea)
    June 27 through earlier of September 19 or 74,900 coho subarea 
quota with a subarea guideline of 30,800 chinook. Sunday through 
Thursday, except there may be a conference call no later than July 28 
to consider opening seven days per week. All salmon, two fish per day 
(C.1), no more than one of which may be a chinook (chinook 26 inch 
(66.0 cm) total length minimum size limit)(B). All retained coho must 
have a healed adipose fin clip. See gear restrictions and definitions 
(C.2, C.3). Inseason management may be used to sustain season length 
and keep harvest within

[[Page 25032]]

the overall chinook recreational quota for north of Cape Falcon, OR 
(C.5).
Leadbetter Point, WA to Cape Falcon, OR (Columbia River Subarea)
    June 27 through earlier of September 30 or 101,250 coho subarea 
quota with a subarea guideline of 8,000 chinook. Sunday through 
Thursday, except there may be a conference call no later than July 28 
to consider opening seven days per week. All salmon, two fish per day 
(C.1), no more than one of which may be a chinook (chinook 26 inch 
(66.0 cm) total length minimum size limit)(B). All retained coho must 
have a healed adipose fin clip. See gear restrictions and definitions 
(C.2, C.3). Columbia Control Zone closed (C.4.a). Closed between Cape 
Falcon and Tillamook Head (45[deg]56'45'' N. lat.) 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.5).
Cape Falcon to Humbug Mountain, OR
    Except as provided below during the selective fishery, the season 
will be March 15 through October 31 (C.6). All salmon except coho. Two 
fish per day (C.1). See gear restrictions and definitions (C.2, C.3).
    In 2005 the season will open March 15 for all salmon except coho. 
Two fish per day (C.1). Same gear restrictions as in 2004. This opening 
could be modified following Council review at its November 2004 
meeting.
    Selective fishery for marked coho: Cape Falcon, OR to Oregon-
California Border - June 19 through earlier of August 31 or a landed 
catch of 75,000 coho. Open seven days per week, all salmon, two fish 
per day (C.1). All retained coho must have a healed adipose fin clip. 
Open days may be adjusted inseason to utilize the available quota 
(C.5). All salmon except coho seasons reopen the earlier of September 1 
or attainment of the coho quota.
Humbug Mountain, OR to Horse Mountain, CA (Klamath Management Zone)
    Except as provided above during the selective fishery, the season 
will be May 15 through September 12 (C.6). All salmon except coho. 
Seven days per week, two fish per day (C.1). See gear restrictions and 
definitions (C.2, C.3). Klamath Control Zone closed August 1 through 31 
(C.4.b).
Horse Mountain to Point Arena, CA (Fort Bragg)
    February 14 through November 14. All salmon except coho. Two fish 
per day (C.1). Chinook minimum size limit 24 inches (61.0 cm) total 
length through April 30, and 20 inches (50.8 cm) total length 
thereafter (B). See gear restrictions and definitions (C.2, C.3).
    In 2005, season opens February 12 (nearest Saturday to February 15) 
for all salmon except coho. Two fish per day (C.1), chinook minimum 
size limit 20 inches (50.8 cm) total length, and the same gear 
restrictions as in 2004.
Point Arena to Pigeon Point, CA (San Francisco)
    April 17 through November 14. All salmon except coho. Two fish per 
day (C.1). Chinook minimum size limit 24 inches (61.0 cm) total length 
through April 30, and 20 inches (50.8 cm) total length thereafter (B). 
See gear restrictions and definitions (C.2, C.3).
    In 2005, the season will open April 2 for all salmon except coho. 
Two fish per day (C.1), chinook 20 inch (50.8 cm) total length minimum 
size limit, and the same gear restrictions as in 2004.
Pigeon Point, CA, to U.S.-Mexico Border
    April 3 through October 3. All salmon except coho. Two fish per day 
(C.1). Chinook minimum size limit 24 inches (61.0 cm) total length 
through April 30, and 20 inches (50.8 cm) total length thereafter (B). 
See gear restrictions and definitions (C.2, C.3).
    In 2005, the season will open April 2 for all salmon except coho. 
Two fish per day (C.1), chinook 20 inch (50.8 cm) total length minimum 
size limit, and the same gear restrictions as in 2004.

B. Minimum Size (Total Length in Inches) (See C.1)

----------------------------------------------------------------------------------------------------------------
        Area (when open)                  Chinook                      Coho                       Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR.......                       26.0                       16.0                       None
Cape Falcon, OR, to Horse Mt.,                        20.0                       16.0   None, except 20.0 off CA
 CA............................
S. of Horse Mt., CA, prior to                         24.0                          -                       20.0
 May 1.........................
S. of Horse Mt., CA, beginning                        20.0                          -                       20.0
 May 1.........................
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 26.0 in=66.0 cm, 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.
    Ocean Boat Limits: Off the coast of Washington, Oregon, and 
California, each fisher aboard a vessel may continue to use angling 
gear until the combined daily limits of salmon for all licensed and 
juvenile anglers aboard has been attained (additional state 
restrictions may apply).
    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 (12.7 cm) when 
measured from the top of the eye of the top hook to the inner base of 
the curve of the lower hook, and both hooks must be permanently tied in 
place (hard tied). Circle hooks are not required when artificial lures 
are used without bait.
    C.3. Gear Definitions:
    a. Recreational fishing gear defined: Angling tackle consisting of 
a line with no more than one artificial lure or natural bait attached. 
Off Oregon and Washington, the line must be attached to a rod and reel 
held by hand or closely

[[Page 25033]]

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. 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 four pounds (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 which can 
reasonably be expected to result in the catching, taking, or harvesting 
of fish.
    b. 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.
    c. 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.4. 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. 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.5. 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.6. Additional Seasons in State 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 2004 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    ----------------------------   Restrictions by
                                                      Species        Chinook         Coho            Area
----------------------------------------------------------------------------------------------------------------
                                     May 1         All except     24             -            ..................
                                     through        coho          .............  ...........  Barbless hooks. No
MAKAH - Washington State             earlier of    .............  .............  ...........   more than 8 fixed
 Statistical Area 4B and that        June 30 or    .............  .............  ...........   lines per boat or
 portion of the FMA north of         chinook       .............  24             16            no more than 4
 48[deg]02'15'' N. lat. (Norwegian   quota.        All                                         hand-held lines
 Memorial) and east of               July 1                                                    per person.
 125[deg]44'00'' W. long.            through
                                     earliest of
                                     September 15
                                     or chinook
                                     or coho
                                     quota.
                                    .............
                                     May 1         All except     24             -            ..................
                                     through        coho          .............  ...........  ..................
QUILEUTE - That portion of the FMA   earlier of    .............  .............  ...........  Barbless hooks. No
 between 48[deg]07'36'' N. lat.      June 30 or    .............  .............  ...........   more than 8 fixed
 (Sand Point) and 47[deg]31'42''     chinook       .............  24             16            lines per boat.
 N. lat. (Queets River) and east     quota.        All
 of 125[deg]44'00'' W. long.         July 1
                                     through
                                     earliest of
                                     September 15
                                     or chinook
                                     or coho
                                     quota.
 
 
                                     May 1         All except     24             -            ..................
                                     through        coho          .............  ...........  ..................
HOH - That portion of the FMA        earlier of    .............  .............  ...........  Barbless hooks. No
 between 47[deg]54'18'' N. lat.      June 30 or    .............  .............  ...........   more than 8 fixed
 (Quillayute River) and              chinook       .............  24             16            lines per boat.
 47[deg]21'00'' N. lat. (Quinault    quota.        All                                        ..................
 River) and east of                  July 1
 125[deg]44'00'' W. long.            through
                                     earliest of
                                     September 15
                                     or chinook
                                     or coho
                                     quota.
 
 

[[Page 25034]]

 
                                     May 1         All except     24             -            ..................
                                     through        coho          .............  ...........  ..................
QUINAULT - That portion of the FMA   earlier of    .............  .............  ...........  Barbless hooks. No
 between 47[deg]40'06'' N. lat.      June 30 or    .............  .............  ...........   more than 8 fixed
 (Destruction Island) and            chinook       .............  24             16            lines per boat.
 46[deg]53'18'' N. lat. (Point       quota.        All                                        ..................
 Chehalis) and east of               July 1
 125[deg]44'00'' W. long.            through
                                     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 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 the Hoh 
River, WA (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, WA (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 Indian troll ocean quotas are 49,000 
chinook and 75,000 coho. The overall chinook quota is divided into 
22,500 chinook in the May-June chinook-directed fishery, and 26,500 
chinook in 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. If the 
treaty Indian troll catch taken from areas 4-4B is projected inseason 
to exceed 55,000 coho, the total treaty Indian troll quota will be 
adjusted to ensure the exploitation rate impact of the treaty Indian 
troll fishery on Interior Fraser coho does not exceed the level 
anticipated under the assumptions employed for impact assessment. The 
Quileute Tribe will continue a ceremonial and subsistence fishery 
during the time frame of September 15 through October 15; fish taken 
during this fishery are to be counted against treaty troll quotas 
established for the 2004 season.

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. On February 27, 2004, NMFS 
published a final rule (69 FR 9231) to implement the International 
Pacific Halibut Commission's (IPHC) recommendations, to announce 
approval of the Area 2A CSP, and to announce fishery regulations for 
U.S. waters off Alaska and fishery regulations for treaty commercial 
and ceremonial and subsistence fisheries and some regulations for non-
treaty commercial fisheries for U.S. waters off the West Coast. In 
addition, a final rule to implement Area 2A Pacific halibut CSP and the 
Area 2A management measures for 2004, effective May 1, 2004, was filed 
on April 29, 2004, for publication in the Federal Register on May 3, 
2004. 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 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 44,554-lb (20.2-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.
    NMFS and the Council request that salmon trollers voluntarily avoid 
a ``C-shaped'' yelloweye rockfish conservation 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.7. for the coordinates).
Section 5. 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, OR; 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, CA; 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.

[[Page 25035]]

    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 6. 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 USC 1855(d).
    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior 
notice and opportunity for public comment, as such prior notice and 
opportunity for public comment is impracticable.
    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.
    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 2003 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.
    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 2004 forecast ocean abundance for Klamath 
River fall chinook requires a reduction in the total commercial season 
length between Horse Mountain and Point Arena, CA from 118 days 
permitted in 2003 to 82 days in 2004. The reduction in time was 
accomplished largely by closing the fishery during the month of May. 
North of Cape Falcon, OR the estimated chinook ocean abundance for 2004 
is up slightly from last year. However, impacts in the Canadian 
commercial fishery are expected to increase substantially from the 2003 
preseason forecasts. The May-June commercial troll fishery chinook 
quota for 2004 is 29,800, compared to 40,000 in 2003. The commercial 
Treaty troll fishery in May-June was reduced from 30,000 in 2003 to 
22,500 in 2004. Requiring 2004 fisheries north of Cape Falcon, OR to 
operate under the 2003 regulations would compromise the status of 
certain stocks, including, for example, Snake River fall chinook. NMFS 
ESA consultation standard for Snake River fall chinook requires a 30 
percent reduction in impacts for all ocean fisheries, including Alaska 
and Canada, relative to the 1988-1993 base period. If the 2004 
fisheries were managed under the 2003 regulations, the Snake River fall 
chinook ESA consultation standard would not be met. 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, data are not available until February and 
management measures not finalized until early April. 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

[[Page 25036]]

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 websites (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 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.
------------------------------------------------------------------------
   Date     Evolutionarily Significant Unit covered and effective period
------------------------------------------------------------------------
March 8,   Snake River chinook and sockeye (until reinitiated)
 1996
 
April 28,  Oregon coast coho, S. Oregon/ N. California coast coho,
      1999  Central California coast coho (until reinitiated)
 
April 28,  Central Valley spring chinook and California coast chinook
      2000  (until reinitiated)
 
April 27,  Hood Canal summer chum 4(d) limit and associated biological
 2001       opinion (until reinitiated)
 
April 30,  Upper Willamette River chinook, Upper Columbia River spring
      2001  chinook, Ozette Lake sockeye, ten steelhead ESUs, Columbia
            River chum (until reinitiated)
 
April 27,  Sacramento River winter chinook (until 2010)
      2004
 
April 29,  Puget Sound chinook and Lower Columbia River chinook (until
      2004  reinitiated)
------------------------------------------------------------------------

    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 and provide 
incidental take statements. 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 5, 2004, 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 ESUs covered by existing opinions. As discussed below, 
three ESUs were subject to consultation in 2004, and all have been 
determined to satisfy the requirement that proposed fisheries not 
jeopardize the continued existence of the ESUs.
    For the Puget Sound chinook, NMFS is now completing its final 
review of a Resource Management Plan (RMP) for the 2004-2009 fisheries 
submitted by the Washington Department of Fish and Wildlife and Puget 
Sound Treaty Tribes under the ESA 4(d) rule. Impacts to Puget Sound 
chinook in Council area fisheries are quite limited. Anticipated 
impacts in the 2004 Council fisheries range from zero to 3 percent 
depending on the population. 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 completed an associated biological opinion on 
April 29, 2004, that covers the effects of the 2004 Council area 
fisheries on Puget Sound chinook salmon.
    NMFS also reinitiated consultation to update its guidance for Lower 
Columbia River chinook. The related review was included in the 
biological opinion for Puget Sound chinook. NMFS guidance related to 
the tule component of the Lower Columbia River chinook ESU requires 
that the total exploitation rate resulting from ocean and inriver 
fisheries not exceed 49 percent. This guidance is the same as that 
provided in 2002 and 2003. The recommended management measures for 2004 
would result in a total exploitation rate of 46 percent, and thus 
conform with NMFS guidance.
    NMFS issued a new supplemental biological opinion for Sacramento 
River winter chinook prior to the 2004 season, completed on April 27, 
2004. NMFS' guidance for the 2004 fishing season with respect to winter 
chinook is similar to the reasonable and prudent alternative of the 
2002 BO.
    The Council's recommended management measures are consistent with 
the biological opinions that find no jeopardy, with the reasonable and 
prudent alternatives in the jeopardy biological opinions, and with the 
terms of the State and Tribal RMPs.

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

    Dated: April 29, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-10209 Filed 4-30-04; 4:38 pm]
BILLING CODE 3510-22-S