[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Rules and Regulations]
[Pages 23054-23064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8858]



[[Page 23054]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 050426117-5117-01; I.D. 042505C]
RIN 0648-AS58


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; 2005 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 2005 
ocean salmon fisheries off Washington, Oregon, and California and the 
2006 salmon seasons opening earlier than May 1, 2006. 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, 2005, 
until the effective date of the 2006 management measures, as published 
in the Federal Register. Comments must be received by May 19, 2005.

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, 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 supplemental FONSI and its supporting 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 listed above and to David Rostker, Office of 
Management and Budget (OMB), by email at [email protected], or 
by facsimile (fax) at (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Stephen P. Freese at 206-526-6140, or 
Mark Helvey 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 Fishery Management 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 2005 and pre-May 2006 ocean 
salmon fisheries were recommended by the Pacific Fishery Management 
Council (Council) at its April 4 to 8, 2005, meeting.

Schedule Used to Establish 2005 Management Measures

    The Council announced its annual preseason management process for 
the 2005 ocean salmon fisheries in the Federal Register on January 26, 
2005 (70 FR 3668). 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 2005 and pre-May 2006 ocean 
salmon fishery became available. The first report, ``Review of 2004 
Ocean Salmon Fisheries'' (REVIEW), summarizes biological and socio-
economic data for the 2004 ocean salmon fisheries and assesses how well 
the Council's 2004 management objectives were met. The second report, 
``Preseason Report I Stock Abundance Analysis for 2005 Ocean Salmon 
Fisheries'' (PRE I), provides the 2005 salmon stock abundance 
projections and analyzes the impacts on the stocks and Council 
management goals if the 2004 regulations and regulatory procedures were 
applied to the projected 2005 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 7 to 11, 2005, to 
develop 2005 management options for proposal to the public. The Council 
proposed four options of commercial and recreational fisheries 
management for analysis and public comment (typically there are three). 
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 2005 Ocean Salmon Fisheries,'' which analyzes the effects of the 
proposed 2005 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 28, 2005, in Westport, WA and 
Coos Bay, OR; and March 29, 2005, 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.

[[Page 23055]]

    The Council met from April 4 to 8, 2005, in Tacoma, WA to adopt its 
final 2005 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 2005 
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) 
26 evolutionarily significant units (ESUs) of salmonids on the West 
Coast. As the listings 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 which specify the level of take that is 
expected. 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, 
and provided an incidental take statement for the reasonable and 
prudent alternative. In a March 4, 2005, 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 
2005 management season in order to ensure that the Council 
recommendations comply with the ESA.
    Estimates of the 2004 spawning escapements for key stocks managed 
under the Salmon FMP and preseason estimates of 2005 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 70.0 
percent of that observed during the 1988-1993 base period. The 
Council's 2005 recommended fisheries, combined with expected impacts in 
Southeast Alaska and Canada fisheries, have an estimated age 3/4 AEQ 
exploitation rate that is 69.8 percent of that observed during the 
1988-1993 base period. Meeting the Snake River fall Chinook age 3/4 AEQ 
exploitation rate was a major constraint on fisheries north of Cape 
Falcon.
    This is the sixth year that NMFS provided guidance to the Council 
related to the Puget Sound Chinook ESU. NMFS's guidance for Puget Sound 
Chinook stocks is 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, 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 
recommends fisheries in the ocean that when combined with Puget Sound 
fisheries meet conservation objectives under Limit 6 of the ESA 4(d) 
Rule. NMFS estimated that the exploitation rates from Council-managed 
fisheries on Puget Sound Chinook populations will range from zero to 
seven percent. Management actions taken to meet exploitation rate and 
escapement 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 meeting comprehensive 
harvest management objectives.
    In March 2005 NMFS completed its evaluation of the Resource 
Management Plan (RMP) provided by the Washington Department of Fish and 
Wildlife and the Puget Sound Treaty tribes for the 2004-2009 fishing 
years. On March 4, 2005, the NMFS approved the 2004-2009 RMP for 
applicability of limit 6 for the 2005-2009 fishing seasons. Previously 
NMFS had consulted on the 2004 fishing season regarding its effects on 
listed Puget Sound Chinook. NMFS concluded that the RMP poses no 
jeopardy to the Puget Sound Chinook ESU under conditions specified in 
Limit 6 of the ESA 4(d) Rule. NMFS issued an associated biological 
opinion on April 29, 2004, that also included the effects of the 
Council area fisheries under the Salmon FMP on Puget Sound Chinook 
salmon. 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 overall 
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 that the RMP is consistent with the 4(d) 
rule.
    Sacramento River winter Chinook are listed as endangered under the 
ESA. The Council's recommended management measures meet NMFS's 
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, 2004 (preseason) ocean abundance of Klamath River fall 
Chinook salmon is 185,700 age-3 fish, 48,900 age-4 fish, and 5,200 age-
5 fish. The forecast abundance requires certain reductions in 2005 
commercial fishing opportunity south of Cape Falcon, OR, relative to 
the 2004 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 River (Thompson River) coho in Canada for 
2005 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 10.0 percent. The development of coho

[[Page 23056]]

fisheries north of Cape Falcon, OR, was greatly influenced by the need 
to meet this obligation of the Pacific Salmon Treaty.

Management Measures for 2005 Fisheries

    The Council-recommended ocean harvest levels and management 
measures for 2005 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 2005 management measures have a slightly 
lower Chinook quota and substantially lower coho quota relative to the 
2004 season. The total allowable catch for 2005 is 86,500 Chinook and 
145,000 marked hatchery 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 
River coho, Puget Sound Chinook, and Snake River fall Chinook. 
Washington coastal and Puget Sound Chinook generally migrate to the far 
north and are not greatly affected by ocean harvests from Cape Falcon, 
OR, to the U.S.-Canada border. Nevertheless, ocean fisheries in 
combination with fisheries inside Puget Sound were restricted in order 
to meet ESA related conservation objectives for Puget Sound Chinook. 
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 four years.
    South of Cape Falcon, OR, the retention of coho is prohibited, 
except for a recreational selective fishery off Oregon with a 40,000-
fish quota of marked hatchery coho. This is the second year the 
selective fishery includes the southern coastal area of Oregon. The 
Council's recommendations are below the 15-percent exploitation rate 
permitted under Amendment 13 to protect OCN coho stocks, with an 
expected 11.1-percent OCN coho exploitation rate. The expected ocean 
exploitation rate for Rogue/Klamath coho is 5.5 percent, and is also 
below its exploitation rate limit of 13.0 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.

Treaty Indian Fisheries for 2005

    The treaty-Indian commercial troll fishery quota is 48,000 Chinook 
in ocean management areas and Washington State Statistical Area 4B 
combined. This quota is slightly lower than the 49,000-Chinook quota in 
2004. The fisheries include a Chinook-directed fishery in May and June 
(under a quota of 25,000 Chinook) and an all-salmon season beginning in 
July with a 23,000 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 50,000 coho, 
a decrease from the 75,000-coho quota in 2004.

Management Measures for 2006 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 2006 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 to the U.S.-Mexico Border and off 
Oregon from Cape Falcon to Humbug Mountain, and the commercial troll 
seasons off California from Horse Mountain to Point Arena and off 
Oregon from Cape Falcon to the Oregon-California Border and will open 
in 2006 as indicated in the Season Description section. At the March 
2005 meeting, the Council may consider inseason recommendations to 
adjust the commercial season prior to May 1 in the area off California 
between Horse Mountain and Point Arena.

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 2005 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 6. 
Other inseason adjustments to management measures are also announced on 
the hotline and through the Notice to Mariners. Inseason actions will 
also be published the Federal Register as soon as practicable.
    The following are the management measures recommended by the 
Council and approved and implemented here for 2005 and, as specified, 
for 2006.

Section 1. Commercial Management Measures for 2005 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
    May 1 through the earlier of June 30 or a 29,000-Chinook quota. 
Open May 1-3 with a 75 Chinook per vessel landing and possession limit 
for the three-day open period; open May 6-9 with a 100-Chinook per 
vessel landing and possession limit for the 4-day open period; 
beginning May 13, open Friday through Monday with a 125-Chinook 
possession and landing limit for each of the subsequent 4-day open 
periods. If insufficient quota remains to prosecute openings prior to 
the June 24-27 open period, the remaining quota will be provided for a 
June 26-30 open period with a per vessel landing and possession limit 
to be determined inseason. All salmon except coho (C.7). Cape Flattery 
and Columbia Control Zones closed (C.5). See gear restrictions and 
definitions (C.2, C.3). Vessels must land their fish within 24 hours of 
any closure of this fishery. Under state law, vessels must report their 
catch on a state fish receiving ticket. Vessels fishing north of 
Leadbetter Point must land their fish within the area north of 
Leadbetter Point. Vessels fishing south of Leadbetter Point must land 
their fish within the area south of Leadbetter Point, except that 
Oregon permitted vessels may also land their fish in Garibaldi, OR. 
Oregon State regulations require all fishers landing salmon into Oregon 
from any fishery between Leadbetter Point, Washington, and Cape

[[Page 23057]]

Falcon, Oregon, must notify Oregon Department of Fish and Wildlife 
(ODFW) within 1 hour of delivery or 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, port of 
landing and 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 7 through the earlier of September 15 or a 14,250 preseason 
Chinook guideline (C.8) or a 23,200-marked coho quota. Open Thursday 
through Monday prior to August 3, and Wednesday through Sunday 
thereafter. Landing and possession limit of 75 Chinook per vessel for 
the July 7-11 and July 14-18 open periods, and 100-Chinook landing and 
possession limit for subsequent five-day open periods. Landing and 
possession limit of 75 coho per 5-day open period beginning August 10 
in the area between Cape Falcon and Leadbetter Point. 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, except an 
inseason conference call may occur to consider allowing retention of 
all legal sized coho beginning no earlier than September 1 (C.8.d). 
Gear restricted to plugs 6 inches (15.2 cm) or longer (C.2, C.3), 
except no special gear restrictions beginning August 10 in the area 
between Cape Falcon and Leadbetter Point. Cape Flattery and Columbia 
Control Zones closed (C.5). Vessels must land their fish within 24 
hours of any closure of this fishery. Under state law, vessels must 
report their catch on a state fish receiving ticket. Vessels fishing 
north of Leadbetter Point must land their fish within the area north of 
Leadbetter Point. Vessels fishing south of Leadbetter Point must land 
their fish within the area south of Leadbetter Point, except that 
Oregon permitted vessels may also land their fish in Garibaldi, OR. 
Oregon State regulations require all fishers landing salmon into Oregon 
from any fishery between Leadbetter Point and Cape Falcon must notify 
ODFW within 1 hour of delivery or 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, port of landing 
and 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).

South of Cape Falcon

Cape Falcon to Florence South Jetty, OR (Newport)
    March 15-25; April 1-15; May 1-3, 8-10, 15-17, 22-24, 29-30; June 
1-30; September 1-23; October 1-31 (C.9). All salmon except coho (C.7). 
Chinook 27 inch (68.6 cm) total length minimum size limit through April 
15, and 28 inches (71.1 cm) total length thereafter (B). All vessels 
fishing in the area must land their fish in the State of Oregon. 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 2006, the season will open March 15 for all salmon except coho, 
with a 27 inch (68.6 cm) total length Chinook minimum size limit.
Florence South Jetty to Humbug Mountain, OR (Coos Bay)
    March 15-25; April 1-15; May 1-30; September 1-23; October 1-31 
(C.9). All salmon except coho (C.7). Chinook 27 inch (68.6 cm) total 
length minimum size limit through April 15, and 28 inches (71.1 cm) 
total length thereafter (B). All vessels fishing in the area must land 
their fish in the State of Oregon.
    In 2006, the season will open March 15 for all salmon except coho, 
with a 27 inch (68.6 cm) Chinook minimum size limit.
Humbug Mountain to Oregon-California Border (Oregon KMZ)
    March 15-25; April 1-15. September 3 through the earlier of 
September 30, or a 3,000 Chinook quota (C.9). All salmon except coho. 
Chinook 27 inch (68.6 cm) total length minimum size limit through April 
15, and 28 inches (71.1 cm) total length September 1 through 30. 
Possession and landing limit of 45 fish per day per vessel in 
September. See gear restrictions and definitions (C.2, C.3). Vessels 
must land their fish in Gold Beach, Port Orford, or Brookings, OR, 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 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 2006, the season will open March 15 for all salmon except coho, 
with a 27-inch (68.6-cm) Chinook minimum size limit.
Oregon-California Border to Humboldt South Jetty (California KMZ)
    September 3 through the earlier of September 30 or a 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.). See 
California State regulations for additional closures adjacent to the 
Smith and Klamath rivers. When the fishery is closed between the 
Oregon-California border and Humbug Mountain and open to the south, 
vessels with fish on board caught in the open area off California may 
seek temporary mooring in Brookings, OR, prior to landing in California 
only if such vessels first notify the Chetco River Coast Guard Station 
via VHF channel 22A between the hours of 0500 and 2200 and provide the 
vessel name, number of fish on board, and estimated time of arrival.
Horse Mountain to Point Arena, CA (Fort Bragg)
    September 1-30. All salmon except coho. Chinook minimum size limit 
27 inches (68.6 cm) total length. See gear restrictions and definitions 
(C.2, C.3).
    In 2006, 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 March 2006 
meeting.
Point Arena to Pigeon Point (San Francisco)
    July 4 through August 29; September 1-30. All salmon except coho. 
Chinook minimum size limit 27 inches (68.6 cm) total length in 
September; 28 inches (71.1 cm) in July and August. See gear 
restrictions and definitions (C.2, C.3).
Point Reyes to Point San Pedro, CA (Fall Area Target Zone)
    October 3-14. Open Monday through Friday. All salmon except coho. 
Chinook minimum size limit 26 inches (66.0 cm) total length. See gear 
restrictions and definitions (C.2, C.3).
Pigeon Point to Point Sur, CA (Monterey)
    May 1-31; July 4 through August 29; September 1-30. All salmon 
except coho. Chinook minimum size limit 27 inches (68.6 cm) total 
length in May and September; 28 inches (71.1 cm) total length in July 
and August. See gear restrictions and definitions (C.2, C.3).

[[Page 23058]]

Point Sur to U.S.-Mexico Border
    May 1 through September 30. All salmon except coho. Chinook minimum 
size limit 27 inches (68.6 cm) total length in May, June, and 
September; 28 inches total length in July and August. See gear 
restrictions and definitions (C.2, C.3).

B. Minimum Size (Inches) (See C.1)

----------------------------------------------------------------------------------------------------------------
                                                                          Chinook            Coho
                                                                    ------------------------------------
                          Area (when open)                            Total    Head-    Total    Head-     Pink
                                                                      Length    off     Length    off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR                                                28.0     21.5     16.0     12.0     None
Cape Falcon to OR-CA Border                                          .......  .......  .......  .......  .......
Prior to April 16, 2005 & beginning March 15, 2006                      27.0     20.5        -        -     None
May 1 - October 31                                                      28.0     21.5        -        -     None
OR-CA Border to Horse Mountain, CA                                      28.0     21.5        -        -     None
Horse Mountain to Point Arena, CA                                       27.0     20.5        -        -     None
Pt. Arena to US-Mexico Border                                        .......  .......  .......  .......  .......
Prior to July 1 and September 1-30                                      27.0     20.5        -        -     None
July 1 - August 31                                                      28.0     21.5        -        -     None
October 3-14                                                            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. 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 
(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

[[Page 23059]]

the 39,918-lb. (18.1-mt) preseason allocation or the total Area 2A non-
Indian commercial halibut allocation, NMFS will take inseason action to 
close the incidental halibut fishery.
    Beginning May 1, 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).
    A ``C-shaped'' yelloweye rockfish conservation area is an area to 
be avoided for salmon trolling. NMFS and the Council request salmon 
trollers voluntarily avoid this area in order to protect yelloweye 
rockfish. The area is defined in the Council Halibut Catch Sharing Plan 
in the North Coast subarea (Washington 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 2006 meeting, the Council will consider inseason 
recommendations for special regulations for any experimental fisheries 
(proposals must meet Council protocol and be received in November 
2005).
    d. If retention of unmarked coho is permitted in the area from the 
U.S.-Canada border to Cape Falcon, OR, by inseason action, the 
allowable coho quota will be adjusted to ensure preseason projected 
mortality of critical stocks is not exceeded.
    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 2005 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)
    July 1 through the earlier of September 18 or a 12,667 marked coho 
subarea quota with a subarea guideline of 4,300 Chinook. Tuesday 
through Saturday, except there may be a conference call no later than 
July 27 to consider opening seven days per week. All salmon, except no 
chum retention August 1 through September 18, two fish per day, no more 
than one of which may be a Chinook (Chinook 24-inch (61.0 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.d) during Council managed ocean fishery. Inseason management 
may be used to sustain season length and keep harvest within the 
overall Chinook recreational TAC for north of Cape Falcon (C.5).
Cape Alava to Queets River, WA (La Push Subarea)
    July 1 through the earlier of September 18 or a 3,067 marked coho 
subarea quota with a subarea guideline of 1,900 Chinook. Tuesday 
through Saturday, except there may be a conference call no later than 
July 27 to consider opening seven days per week.
    September 24 through October 9 or a 100-marked coho quota or a 100 
Chinook quota: In the area north of 47[deg] 50'00 N. Lat. and south of 
48[deg] 00'00'' N. lat. (C.5). Seven days per week.
    All salmon, two fish per day, no more than one of which may be a 
Chinook (Chinook 24-inch (61.0 cm) total length minimum size limit)(B). 
All retained coho must have a healed adipose fin, except inseason 
action may occur to consider allowing retention of all legal sized coho 
beginning September 24 (C.5.d). 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 TAC for north 
of Cape Falcon (C.5).
Queets River to Leadbetter Point, WA (Westport Subarea)
    June 26 through the earlier of September 18 or a 45,066 marked coho 
subarea quota with a subarea guideline of 28,750 Chinook. Sunday 
through Thursday, except there may be a conference call no later than 
July 27 to consider opening seven days per week. All salmon, two fish 
per day, no more than one of which may be a Chinook (Chinook 24-inch 
(61.0 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, Grays Harbor Control Zone closed 
(C.4.b). Inseason management may be used to sustain season length and 
keep harvest within the overall Chinook recreational TAC for north of 
Cape Falcon (C.5).
Leadbetter Point to Cape Falcon, OR (Columbia River Subarea)
    July 3 through the earlier of September 30 or a 60,900-marked coho 
subarea quota with a subarea guideline of 8,200 Chinook. Sunday through 
Thursday, except there may be a conference call no later than July 27 
to consider opening seven days per week. All salmon, two fish per day, 
no more than one of which may be a Chinook (Chinook 24-inch (61.0 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 beginning August 1. Inseason management may be used 
to sustain season length and keep harvest within the overall Chinook 
recreational TAC for north of Cape Falcon (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

[[Page 23060]]

salmon except coho. Two fish per day (C.1). See gear restrictions and 
definitions (C.2, C.3).
    Selective fishery: Cape Falcon to the Oregon/California Border. 
June 18 through earlier of July 31 or a landed catch of 40,000 marked 
coho, except that the area south of Humbug Mountain will close July 5-
31, concurrent with the KMZ season listed below.
    Open seven days per week, all salmon, two fish per day (C.1). All 
retained coho must have a healed adipose fin clip. Fishing in the 
Stonewall Bank Groundfish Conservation Area restricted to trolling only 
on days the all depth recreational halibut fishery is open (see 70 FR 
20304, April 19, 2005, and call the halibut fishing hotline 1-800-662-
9825 for additional dates)(C.3, C.4.e). Open days may be adjusted 
inseason to utilize the available quota (C.5). All salmon except coho 
seasons reopen the earlier of August 1 or attainment of the coho quota.
    In 2006, the season will open March 15 for all salmon except coho, 
two fish per day (C.1), Chinook minimum size limit of 20 inches (50.8 
cm) total length (B), and the same gear restrictions as in 2005 (C.2, 
C.3).
Humbug Mountain to Horse Mountain, CA (Klamath Management Zone)
    Except as provided above during the selective fishery, the season 
will be May 21 through July 4; and August 14 through September 11 
(C.6). All salmon except coho, except as noted above in the coho 
selective fishery. Chinook minimum size limit 24 inches (61.0 cm) total 
length (B). Seven days per week, two fish per day (C.1). See gear 
restrictions and definitions (C.2, C.3). Klamath Control Zone closed in 
August (C.4.c). See California State regulations for additional 
closures adjacent to the Smith, Klamath, and Eel rivers.
Horse Mountain to Point Arena, CA (Fort Bragg)
    February 12 through July 10; July 16-17; July 23 through November 
13. All salmon except coho. Two fish per day (C.1). Chinook minimum 
size limit 20 inches (50.8 cm) total length (B). See gear restrictions 
and definitions (C.2, C.3).
    In 2006, season opens February 18 (nearest Saturday to February 15) 
for all salmon except coho, two fish per day (C.1), Chinook minimum 
size limit of 20 inches (50.8 cm) total length (B), and the same gear 
restrictions as in 2005 (C.2, C.3).
Point Arena to Pigeon Point, CA (San Francisco)
    April 2 through November 13. All salmon except coho. Two fish per 
day (C.1). Chinook minimum size limit 20 inches (50.8 cm) total length 
(B). See gear restrictions and definitions (C.2, C.3).
    In 2006, the season will open April 1 for all salmon except coho, 
two fish per day (C.1), Chinook minimum size limit of 20 inches (50.8 
cm) total length (B), and the same gear restrictions as in 2005 (C.2, 
C.3).
Pigeon Point to U.S.-Mexico Border
    April 2 through September 25. All salmon except coho. Two fish per 
day (C.1). Chinook minimum size limit 20 inches (50.8 cm) total length 
(B). See gear restrictions and definitions (C.2, C.3).
    In 2006, the season will open April 1 for all salmon except coho, 
two fish per day (C.1), Chinook minimum size limit of 20 inches (50.8 
cm) total length (B), and the same gear restrictions as in 2005 (C.2, 
C.3).

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 Humbug Mt., CA                           20.0          16.0                                 None
Humbug Mt. to Horse Mt., CA                             24.0             -             None, except 20.0 off CA
Horse Mt. to U.S.-Mexico Border                         20.0             -                                 20.0
----------------------------------------------------------------------------------------------------------------
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 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

[[Page 23061]]

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. 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.
    e. Stonewall Bank Groundfish Conservation Area: The area defined by 
the following coordinates in the order listed:
    44[deg]37.46' N. lat.; 124[deg]24.92' W. long.;
    44[deg]37.46' N. lat.; 124[deg]23.63' W. long.;
    44[deg]28.71' N. lat.; 124[deg]21.80' W. long.;
    44[deg]28.71' N. lat.; 124[deg]24.10' W. long.;
    44[deg]31.42' N. lat.; 124[deg]25.47' W. long.;
    and connecting back to 44[deg]37.46' N. lat.; 124[deg]24.92 W. 
long.
    C.5. Inseason Management: Inseason regulatory modifications may 
become necessary inseason to meet preseason management objectives such 
as quotas, harvest guidelines, and season duration. In addition to 
standard inseason actions or modifications already noted under the 
season description, the following inseason guidance is provided to 
NMFS: (1) actions could include modifications to bag limits, or days 
open to fishing, and extensions or reductions in areas open to fishing; 
(2) Coho may be transferred inseason among recreational subareas north 
of Cape Falcon on an impact neutral basis to help meet the recreational 
season duration objectives (for each subarea) after conferring with 
representatives of the affected ports and the Council's Salmon Advisory 
Subpanel (SAS) recreational representatives north of Cape Falcon; (3) 
Chinook and coho may be transferred between the recreational and 
commercial fisheries north of Cape Falcon on an impact neutral basis if 
there is agreement among the representatives of the SAS; (4) If 
retention of unmarked coho is permitted in the area from the U.S.-
Canada border to Cape Falcon, OR, by inseason action, the allowable 
coho quota will be adjusted to ensure preseason projected mortality of 
critical stocks is not exceeded.
    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 2005 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

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

    May 1 through the earlier of June 30 or a 25,000 Chinook quota. All 
salmon except coho. 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. If the Chinook quota is exceeded, the excess 
will be deducted from the later all-salmon season. See size limit (B) 
and other restrictions (C).
    July 1 through the earlier of September 15, or 23,000 preseason 
Chinook quota, or a 50,000 coho quota. All salmon. If the treaty Indian 
troll catch taken from Areas 4-4B is projected inseason to exceed 
47,286 coho, the total treaty Indian troll quota will be adjusted to 
ensure that 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. See size limit 
(B) and other restrictions (C).

B. Minimum Size (Inches)

----------------------------------------------------------------------------------------------------------------
                                                                          Chinook            Coho
                                                                    ------------------------------------
                    Area (when open) and Fishery                      Total    Head-    Total    Head-     Pink
                                                                      Length    off     Length    off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR                                             .......  .......  .......  .......  .......
Commercial                                                              24.0     18.0     16.0     12.0     None
Ceremonial and Subsistence                                              None     None     None     None     None
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in=61.0 cm, 18.0 in=45.7 cm, 16.0in=40.6 cm, and 12.0 in=30.5 cm.


[[Page 23062]]

C. Special Requirements, Restrictions, and Exceptions

    C.1 Tribe and Area Boundaries: 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.
    MAKAH - Washington State Statistical Area 4B and that portion of 
the FMA north of 48[deg]02'15'' N. lat. (Norwegian Memorial) and east 
of 125[deg]44'00'' W. long.
    QUILEUTE - That portion of the FMA between 48[deg]07'36'' N. lat. 
(Sand Point) and 47[deg]31'42'' N. lat. (Queets River) and east of 
125[deg]44'00'' W. long.
    HOH - That portion of the FMA between 47[deg]54'18'' N. lat. 
(Quillayute River) and 47[deg]21'00'' N. lat. (Quinault River) and east 
of 125[deg]44'00'' W. long.
    QUINAULT - That portion of the FMA between 47[deg]40'06'' N. lat. 
(Destruction Island) and 46[deg]53'18N. lat. (Point 
Chehalis) and east of 125[deg]44'00'' W. long.
    C.2 Gear restrictions:
    a. Single point, single shank, barbless hooks are required in all 
fisheries.
    b. No more than 8 fixed lines per boat.
    c. No more than four hand held lines per person in the Makah area 
fishery (Washington State Statistical Area 4B and that portion of the 
FMA north of 48 02'15'' N. lat. (Norwegian Memorial) and east of 125 
44'00'' W. long.)
    C.3 Quotas:
    a. The overall treaty Indian troll ocean quotas are 48,000 Chinook 
and 50,000 coho.
    b. The quotas include troll catches by the S'Klallam and Makah 
tribes in Washington State Statistical Area 4B from May 1 through 
September 15.
    c. The Makah encounter rate study will occur between May 1 and 
September 15. Salmon taken in the study by treaty Indian vessels will 
be counted towards the overall treaty Indian troll quota.
    d. 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 2004. Fish taken during this fishery are to be 
counted against treaty troll quotas established for the 2005 season 
(estimated harvest during the October ceremonial and subsistence 
fishery: 100 Chinook; 200 coho).
    C.4 Area Closures:
    a. 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.
    b. 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.

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 25, 2005, NMFS 
published a final rule (70 FR 9242) to implement the International 
Pacific Halibut Commission's (IPHC) recommendations, 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 announce approval of and 
implement the Area 2A Pacific halibut Catch Sharing Plan and the Area 
2A management measures for 2005, effective April 14, 2005, was 
published in the Federal Register on April 19, 2005 (70 FR 20304). 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 800-662-9825). 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 (with head on). The ODFW and WDFW will 
monitor landings and, if they are projected to exceed the 39,918-lb. 
(18.1-mt) salmon troll 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.
    Point San Pedro, CA..........37[deg]35'40'' N. lat.
    Pigeon Point, CA.............37[deg]11'00'' N. lat.
    Point Sur, CA................36[deg]18'00'' 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

[[Page 23063]]

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 until May 19, 2005. 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 procedures are 
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 2004 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 2005 forecast ocean abundance for Klamath 
River fall Chinook requires a reduction in the commercial season length 
from Humbug Mountain, OR, to the Oregon-California Border from being 
open from May-June in 2004 to being closed in 2005. With out these, and 
similar restrictions in other areas in 2005, the projected Klamath 
River fall Chinook escapement floor 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, such as the Klamath 
River fall Chinook, 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 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

[[Page 23064]]

to the requirements of the PRA, unless that collection of information 
displays a currently valid OMB control number.
    Since 1989, NMFS has listed 26 ESUs of salmonids 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 salmonid 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, 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               Upper Willamette River Chinook, Upper Columbia River spring Chinook,
                                                                                                        Ozette Lake sockeye, ten steelhead ESUs, Columbia River chum (until
                                                                                                  reinitiated).
              April 27, 2004                                       Sacramento River winter Chinook (until 2010)
              April 29, 2004                                                           Puget Sound Chinook and Lower Columbia River Chinook (until
                                                                                                   reinitiated)
----------------------------------------------------------------------------------------------------------------

    Associated with the biological opinions are incidental take 
statements that specify the level of take that is expected. 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, and provided an incidental take statement for the 
reasonable and prudent alternative.
    In a March 4, 2005, 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 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 28, 2005.
William T. Hogarth,
Assisstant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 05-8858 Filed 4-29-05; 1:37 pm]
BILLING CODE 3510-22-S